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87-032RESOLUTION NO. 87R-32 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 (readvertised) in Reclassification Proceedings No. 86-87-14 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 granted the proposed amendment; 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 WftEREAS, 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 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 NE CORNER OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 18 TOWNSHIP 4S R10W IN THE RANCHO LOS COYOTES IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP IN BOOK 51 PAGE 10 OF M.M. THENCE S 0° 07' 36" E 66.01 FEET; THENCE S 88° 58' 00" W 164.00 FEET; THENCE S 0° 07' 36" E 85.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 0° 07' 36" E 193.04 FEET; THENCE S 88° 58' 00" W 176.06 FEET; THENCE N 0° 07' 36" W 190.00 -1- 86-87-14 FEET; THENCE N 88° 58' 00" E 40.00 FEET; THENCE N 0© 07' 36" W 5.00 FEET; THENCE N 88° 58' 00" E 136.00 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 34,080 SQUARE FEET OR 0.78 ACRES, into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That the owners of subject property shall acquire a recorded covenant granting an access easement from the property owner immediately north of subject property for ingress and egress purposes between subject property and Lincoln Avenue. Said easement shall be designed in a manner satisfactory to the City Traffic Engineer and said covenant shall be in a form satisfactory to the City Attorney. A copy of the recorded covenant shall be submitted to the Planning Department. 2. That in the event subject property is to be divided for the purpose of sale, lease, or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 3. That an ordinance rezoning subject property shall in no event become effective except upon or following the recordation of a final parcel map within the time specified in Government Code Section 66463.5 or such further time as the Planning Commission or City Council may grant. 4. That prior to the adoption of the ordinance rezoning subject property, a preliminary title report shall be furnished to the Planning Department showing the legal vesting of title, a legal description and containing a map of the portion of subject property which is being reclassified. 5. That prior to the introduction of an ordinance rezoning subject property, Condition No. 1, 2, 3 and 4, above-mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are complied with within one year from the date of this resolution, or such further time as the Planning Commission may grant. 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 ali 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. -2- City THE FOREGOING RESOLUTION is approved and adopted by the Council o£ the City of Anaheim this 3rd day of February, 1987. HAYOR OF THE CITY O~ ANAHEIM ATT EST: OF ANAHEIM C!TY CLERK OF THE CITY BG:fm 1727L 032487 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SORL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-32 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 3rd day of February, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-32 on the 3rd day of February, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of February, 1987. CITY CLERK OF THE CITY OF ANAHE M (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-3R duly passed and adopted by the Anaheim City Council on February 3, 1987. CITY CLERK OF THE CITY OF ANAHEIM