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RES-1989-454 RESOLUTION NO. 89R-454 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3990. WHEREAS, after a request for variance by BLASH MOMENY, 2082 Business Center Drive, H185, Irvine, CA 92715, owner, to permit a 19-1ot (18 units plus 1 common lot) RS-5000(0) "Residential, Single-Family - Oil Overlay" zoned subdivision, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 3990 was denied covering the following described property: THAT PORTION OF THE WESTERLY 19 ACRES OF THAT CERTAIN 57 ACRE TRACT OF FIRST CLASS LAND MARKED "ROMONA DE LA GUERRA", IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A LICENSED SURVEYORS MAP SHOWING PARTITION OF M. YORBA ESTATE FILED IN BOOK 1, PAGE 27, RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID 57 ACRE TRACT AND RUNNING THENCE SOUTH 80 DEG. 48' 40" EAST ALONG THE SOUTHERLY BOUNDARY THEREOF 601.1 FEET TO A 4" X 4" STAKE MARKED "H.C.K." IN MONOGRAM; THENCE NORTH 5 DEG. 14' 05" EAST 1553.73 FEET TO A STAKE SET BY H. CLAY KELLOGG IN OCTOBER 1914 ON THE NORTHERLY BOUNDARY OF SAID 57 ACRE TRACT; THENCE SOUTH 76 DEG. 45' WEST ALONG SAID NORTHERLY BOUNDARY 626.8 FEET TO THE NORTHWESTERLY CORNER THEREOF MARKED BY A 4" X 4" STAKE MARKED BY "H.C.K." IN MONOGRAM; THENCE SOUTH 5 DEG. 28' 00" WEST ALONG THE WESTERLY BOUNDARY THEREOF 1313.55 FEET TO THE POINT OF BEGINNING. EXCEPTING THERE FROM THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN THE DEED RECORDED MARCH 17, 1966 IN BOOK 7871, PAGE 580 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FORM SAID LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS DNYG VAR 83990 THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES. PARCEL 2: THAT PORTION OF THE 57 ACRE TRACT OF FIRST CLASS LAND MARKED "ROMONA DE LA GUERRA" IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A LICENSED SURVEYORS MAP SHOWING PARTITION OF M. YORBA ESTATE FILED IN BOOK 1, PAGE 27, RECORD OF SURVEYS, IN THE COUNTY RECORDERS OFFICE OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STAKE MARKED IN MONOGRAM "H.C.K." SET IN THE SOUTHERLY BOUNDARY OF SAID 57 ACRE TRACT AT THE SOUTHWEST CORNER OF THE PARCEL OF LAND ALLOTTED AND SET APART TO ROSA YORBA BY DECREE OF PARTITION REDERED MARCH 5, 1915 IN ACTION NO. 5719 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, A CERTIFIED COpy OF WHICH DECREE AS RECORDED IN BOOK 278, PAGE 8 OF DEEDS, RECORDS OF SAID COUNTY, SAID SOUTHWEST CORNER BEING DISTANT NORTH 80 DEG. WEST 479.4 FEET FORM THE SOUTHEAST CORNER OF SAID 57 ACRE TRACT AND RUNNING THENCE NORTH 4 DEG. EAST ALONG THE WESTERLY LINE OF SAID TRACT ALLOTTED TO ROSA YORBA 1775.5 FEET TO A STAKE SET IN THE NORTHERLY BOUNDARY OF SAID 57 ACRE TRACT BY H. CLAY KELLOGG UPON A SURVEY OF SAID PROPERTY IN 1914; THENCE SOUTH 76 DEG. 15' WEST ALONG SAID NORTHERLY BOUNDARY LINE 529.4 FEET, MORE OR LESS, TO THE BOUNDARY LINE OR THE PROLONGATION THEREOF, ESTABLISHED BY AGREEMENT BETWEEN LAURIE VEJAR AND OTHERS AND ROSA YORBA LOCKE AND HUSBAND, DATED DECEMBER 14, 1923 AND RECORDED IN BOOK 502, PAGE 216 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 5 DEG. 44' 43" WEST ALONG SAID LAST MENTIONED BOUNDARY LINE AND/OR PROLONGATION THEREOF 1539 FEET, MORE OR LESS, TO THE SOUTHERLY BOUNDARY OF SAID 57 ACRE TRACT; THENCE SOUTH 80 DEG. EAST ALONG SAID SOUTHERLY BOUNDARY LINE 507.5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF THE PROPERTY DESCRIBED IN THE DEED RECORDED MARCH 17, 1966 IN BOOK 7871, PAGE 580 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION LYING EASTERLY, SOUTHEASTERLY AND SOUTHERLY OF THE WESTERLY, NORTHWESTERLY AND NORTHERLY LINES OF THE LAND DESCRIBED IN THE DEED RECORDED AUGUST 20, 1968 IN BOOK 8696, PAGE 119 OF OFFICIAL RECORDS. -2- DNYG VAR 83990 PARCEL 3: ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING THAT MAY BE WITHIN OR UNDER PARCEL 1 AS DESCRIBED ABOVE (THE "LAND"), TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; 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 public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. That there no special circumstances applicable to the property which do not apply to other property in the same vicinity and zone. 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property in the same vicinity and zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said Variance be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of December, 1989. ~~ /~- .. ~~ Hi TY OF M. ATTEST: ~~1l~ CITY CLERK OF THE CITY OF ANAHEIM JLW:db/3407L/120889 -3- DNYG VAR 83990 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R-454 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of December, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-454 on the 12th day of December, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of December, 1989. ~,,-/( ~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-454 duly passed and adopted by the Anaheim City Council on December 5, 1989. ~~7t~ CITY CLERK OF THE CITY OF ANAHEIM