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86R-067 RESOLUTION NO. 86R-67 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, tte City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 85-86-15 (Readvertised) 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 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 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: 85-86-15 ALL OF LOTS 17, 18 AND THAT PORTION OF LOT 19 OF ANAHEIM INVESTMENT COMPANY'S TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 33 AND 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF BALL ROAD DISTANT THEREON NORTH 890 37' 29" EAST 260.00 FEET FROM THE INTERSECTION OF SAID CENTER LINE WITH THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 22 OF TRACT NO. 1421, AS SHOWN ON A MAP RECORDED IN BOOK 62 PAGES 13 TO 16 INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE NORTH 00 18' 02" WEST 671.28 FEET TO A POINT IN THE NORTH LINE OF SAID LOT 19 DISTANT NORTH 890 35' 11" EAST 257.50 FEET FROM THE INTERSECTION OF SAID NORTH LINE WITH THE EAST LINE OF LOT 32 OF SAID TRACT NO. 1421; THENCE SOUTH 890 35' 11" EAST 745.53 FEET, ALONG THE NORTH LINE OF SAID LOTS 19, 18 AND 17 TO THE NORTHEAST CORNER OF SAID WALNUT STREET, AS SHOWN ON SAID MAP; THENCE SOUTH 00 19' 18" EAST 671.77 FEET ALONG THE EAST LINE OF SAID LOT 17, TO THE SOUTHEAST CORNER OF SAID LOT 17, SAID SOUTHEAST CORNER BEING THE INTERSECTION OF THE CENTER LINES OF WALNUT STREET AND BALL ROAD AS SHOWN ON SAID MAP; THENCE SOUTH 890 37' 29" WEST 745.77 FEET ALONG SAID CENTER LINE OF BALL ROAD TO THE POINT OF BEGINNING, into the "RM-1200" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Ball Road and Walnut Street in an amount as determined by the City Council. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Ball Road and Walnut Street in an amount as determined by the City Council. 3. That for purposes of street widening, the owner of subject property shall conditionally dedicate to the City of Anaheim a strip of land 53 feet in width from the centerline of street where not already so dedicated along Ball Road and 45 feet in width from the centerline of street along Walnut Street. Said conditional dedication, shall include the removal for any cause or purpose the existing structures which presently encroach into the ultimate street right-of-way. 4. That in accordance with Section 18.04.080.020 of the Anaheim Municipal Code the owner of subject property shall either post a faithful performance bond with the City Engineer to guarantee the relocation and reconstruction of existing street improvements to the ultimate locations along Ball Road and Walnut Street; or pay to the City of Anaheim a sum of money equal to the cost of relocating said improvements, said sum to be as determined by the City Engineer. -2- 5. That prior to the introduction of an ordinance rezoning subject property, Condition Nos. 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 tIle 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 hy 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 City Council of the City of Anaheim this 18th day of Febr ATTEST: ~~ ::l ~ CITY CLERK OF THE CITY OF ANAHEIM JWF:fm 4889M 031086 -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SSe CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-67 was introduced and adopted at a special meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of February, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-67 on the 18th day of February, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 18th day of February, 1986. ~~ /( ~ 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. 86R-67 duly passed and adopted by the Anaheim City Council on February 18, 1986. ~:;TY~~.