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2002-179RESOLUTION NO. 2002R-179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 2001-00060 to consider an amendment to the Zoning Map referred to in Title 18 of the Anaheim Municipal Code, and to consider a change in the boundaries of the zone or zones hereinafter mentioned and described and, at said hearing, did receive evidence and reports from persons interested therein and from its staff; and WHEREAS, within a period of forty (40) days following said hearing, the Planning Commission did duly adopt a resolution containing a report of its findings, a summary of the evidence presented at said hearing and approved the proposed amendment in part; 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; and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did consider the same; and WHEREAS, the City Council does find and determine that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the property hereinafter described should be excluded from the zone or zones in which it is now situated and incorporated in the zone and zones as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council does hereby declare and indicate its intention to amend the Zoning Map of the City of Anaheim and to rezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to-wit: BEGINNING AT THE MOST EASTERLY CORNER OF LAND DESCRIBED AS PARCEL 3 IN DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST l0TM, 1951 IN BOOK 2215 PAGE 106 OF OFFICIAL RECORDS SAID POINT BEING IN THE SOUTH LINE OF THE NORTH 66.00 FEET OF SAID SECTION THIRTEEN, AND DISTANT NORTH 89° 22' 50" EAST 86.00 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE WEST LINE OF SAID SECTION THIRTEEN; THENCE NORTH 89° 22' 50" EAST ALONG THE SOUTH LINE A DISTANCE OF 185.00 FEET; THENCE SOUTH 0° 28' 30" EAST PAPJtLLEL WITH THE WEST LINE OF SAID SECTION THIRTEEN, A DISTANCE OF 175.00 FEET; THENCE SOUTH 89° 22' 50" WEST PARALLEL WITH THE NORTH LINE OF SAID SECTION THIRTEEN TO A CURVE IN THE EASTERLY LINE OF LAND DESCRIBED AS PARCEL 2 IS SAID DEED TO THE STATE OF CALIFORNIA ABOVE DESCRIBED, CONCAVE EASTERLY, HAVING A RADIUS OF 15934.00 FEET; THENCE NORTHERLY ALONG SAID CURVE TO THE NORTHERLY TERMINUS THEREOF, THENCE TANGENT TO SAID CURVE NORTH 0° 28' 30" WEST 114.17 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 3 ABOVE DESCRIBED; THENCE NORTH 44° 27' 10" EAST TO THE POINT OF BEGINNING, into the "CL" COMMERCIAL LIMITED ZONE of the City of Anaheim, unconditionally: BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition 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. BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, - 2 - the subject property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at is sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23rd day of July, 2002. ATTEST: CITY CL~K O~-THE CITY OF ANAHEIM 45953.1 - 3 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-179 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of July, 2002, by the following vote of the members thereof: AYES: NOES: ABSENT: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: MAYOR/COUNCIL MEMBERS: McCracken, Feldhaus, Tait, Kring, Daly None None CI'I~"Y CLERk' OF TILIE CITY OF ANAHEIM (SEAL)