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RES-2007-214WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Tentative Parcel Map for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: RESOLUTION NO. 2007 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING TENTATIVE PARCEL MAP NO. 2007-195. THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 73° 49' 30" EAST 121.24 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT TO AN ANGLE POINT IN THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1953 IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS; THENCE NORTH 9° 15' 43" EAST 79.00 FEET TO AN ANGLE POINT IN SAID STATE LAND; THENCE NORTH 62° 22' 41" EAST 68.45 FEET TO THE EASTERLY LINE OF THE WESTERLY 2 /3RDS OF SAID LOT 3; THENCE NORTH 3° 45' 29" WEST 392.19 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 73° 49' 30" WEST 203.56 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE SOUTH 3° 45' 29" EAST 479.15 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 12.00 FEET, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID LOT 3. ALSO EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 2613, PAGE 231 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE WESTERLY LINE OF SAID LAND SOUTH 9° 34' 41" WEST 46.91 FEET; THENCE NORTH 13° 55' 07" WEST 46.02 FEET; THENCE ALONG A NON TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 50.00 FEET, FROM A TANGENT WHICH BEARS NORTH 15° 51' 30" WEST, THROUGH AN ANGLE OF 130° 59' 58" AN ARC DISTANCE OF 114.32 FEET; THENCE TANGENT SOUTH 64° 51' 32" EAST 10.07 FEET TO THE EAST LINE OF THE WEST 2/3 OF SAID LOT; THENCE ALONG SAID EAST LINE SOUTH 3° 24' 32" EAST 21.68 FEET TO THE NORTHERLY LINE OF SAID LAND CONVEYED TO SAID 1 STATE; THENCE ALONG SAID NORTHERLY LINE SOUTH 62° 41' 39" WEST 68.49 FEET TO THE POINT OF BEGINNING. PARCEL 2: PARCELS 1 AND 2, AS SHOWN ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT NO. 330 RECORDED MAY 15, 1995 AS INSTRUMENT NO. 95- 0208325 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2A: A NON EXCLUSIVE EASEMENT FOR VEHICULAR INGRESS AND EGRESS AND UTILITIES OVER THAT PORTION OF LOT 6 OF ORANGE GROVE ACRES, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, INCLUDED WITHIN THE LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF PARCEL MAPS, IN THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO THE CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16° 16' 00" EAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 73° 44' 00" EAST 25.00 FEET; THENCE SOUTH 16° 16' 00" EAST 3223 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' 53" AN ARC LENGTH OF 47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 86° 18' 07" EAST 83.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 55' 59" AN ARC LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 3° 45' 54 EAST 1017,06" FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 73° 47' 20" WEST 30.72 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 3° 45' 54" 2 WEST 978.30 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE FROM SAID NONTANGENT POINT BEARS SOUTH 77° 28' 49" WEST; THENCE NORTHWESTERLY ALONG SAID NON TANGENT CURVE THROUGH A CENTRAL ANGLE OF 48° 26' 39 AN ARC LENGTH OF 80.32 FEET TO A POINT ON A NON TANGENT LINE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29° 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH 86° 18' 07" WEST 81.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' 53" AN ARC LENGTH OF 101.36 FEET; THENCE NORTH 16° 16' 00" WEST 30.00 FEET TO SAID SOUTH LINE OF LA PALMA AVENUE; THENCE EASTERLY ALONG SAID SOUTH LINE NORTH 73° 44' 00" EAST 25.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF ORANGE GROVE ACRES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 6, PAGE 42, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, SAID POINT BEING IN THE CENTER LINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 3° 45' 29" EAST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 3° 45' 29" WEST 479.15 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 3 SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO FREDERICK P. MORLEY AND OTHERS, RECORDED APRIL 28, 1959, IN BOOK 4687, PAGE 372, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 73° 49' 30" EAST ALONG THE NORTHERLY LINE OF SAID LAND TO MORLEY, 203.56 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTERLY 2 /3RDS OF SAID LOT 3, SAID POINT BEING THE NORTHEAST CORNER OF SAID MORLEY LAND; THENCE NORTH 3° 45' 29" WEST ALONG SAID EASTERLY LINE OF THE WESTERLY 2 /3RDS OF LOT 3 A DISTANCE OF 764.81 FEET TO A POINT IN SAID CENTER UNE OF LA PALMA AVENUE, SAID CENTER LINE BEING THE NORTH LINE OF SAID LOT 3; THENCE SOUTH 73° 44' 00" WEST 203.56 FEET TO THE POINT OF BEGINNING. PARCEL 3A: THE WEST ONE -THIRD OF LOT 2 AND THE EAST ONE -THIRD OF LOT 3, BOTH OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MAY 4, 1964 IN BOOK 7029, PAGE 419 OF OFFICIAL RECORDS. PARCEL 38: THAT PORTION OF LOT 4,OF ORANGE GROVE ACRES, AS PER MAP RECORDED IN BOOK 6, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 4, SOUTH 73° 44' 00" WEST 85.29 FEET FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING ON THE CENTERLINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 03° 45' 29" EAST 662.78 FEET, PARALLEL WITH THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTHEASTERLY 117.77 FEET TO A POINT ON SAID EASTERLY LINE NORTH 03° 45' 29" WEST 479.15 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO FREDERICK P. MORLEY AND OTHERS RECORDED APRIL 28,1959 IN BOOK 4687, PAGE 372 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. APN: 345- 121 -06, 345- 121 -17, 345- 121 -24, and 345 121 -25 WHEREAS, the Anaheim City Planning Commission did hold a public hearing upon said petition at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2007 -127 granting Tentative Parcel Map No. 2007 -195; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing finds and determines as follows: 1. That the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan; 2. That the site is physically suitable for the proposed development and the density /intensity proposed; 3. That the design of the subdivision or the proposed improvements will observe all existing easements for the use of, or access through the property. NOW, THEREFORE, BE IT RESOLVED by the City Council that the action of the Anaheim City Planning Commission granting said Tentative Parcel Map be, and the same is hereby affirmed and that Tentative Parcel Map No. 2007 -195 be, and the same is hereby, granted subject to the following conditions: Prior to approval of the final map or within a period of two (2) year from the date of this resolution, whichever occurs first, the following conditions shall be complied with: 1. That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. General Conditions: 2. That Tentative Parcel Map No. 2007 -195 is granted expressly conditioned upon approval of Development Agreement No. 2007 00003, Specific Plan Amendment No. 2007 00048, and Conditional Use Permit No. 2006 05146, and the determination by the City Council that EIR No. 2007 00337, along with Mitigation Monitoring Plan No. 147 are adequate to serve as the environmental documentation for these actions. 3. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 4. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 5. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State 5 and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 6th day of November 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTES ITY CLERK OF THE 67128.v1 /MGordon OF A AHEIM CITY OF HEIM By: MAYOR OF THE CI Y ANAHEIM