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1973-258 - RESOLUTION NO. 73R-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAIIEIH FINDING AND DETERMINING THAT TITLE 18 OF THE ANAHEH1 MUNICIPAL CODE RELATING TO ZONING SHOULD BE AMENDED AND THAT THE BOUND- ARIES OF CERTAIN ZONES SHOULD BE CHANGED. MIEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Pro- ceedings No. 72-73-45 to consider an amendment to Title 18 of the Anaheim Municipal Code relating to zoning, 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 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 a recommendation that the proposed amendment be adopted by the City Council and that a certain zone or zones be changed as hereinafter set forth; and WHEREAS, upon receipt of said resolution, summary of evidence, report of findings and recommendation of the City Planning Commission the City Council did fix the 3rd day of July , 1973 , and continued to "the day of , 19 , as thetime,'and the City Council Chambers in the City Harr-Df the City of Anaheim as the place for a public hearing upon said proposed amendment to Title 18 of the Anaheim Municipal Code, and the exclusion of said property, hereinafter described, from the zone or zones in which it is now situated and the incor- poration thereof in the zone or zones hereinafter set forth, and did give notice thereof in the manner and form provided in said Title 18 of the Anaheim Municipal Code; 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 thereupon consider the summary of evidence presented at said public hearing before the Planning Commission, its report of findings and recommendation; and WHEREAS, the City Council does find and determine that the amendment to Title 18 of the Anaheim Municipal Code should be adopted 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 or zones as hereinafter set forth. - NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended and that the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: 72-73-45 -1- - Those portions of the land allotted to Juan Yorba and to Paula Peralta de Dominguez in the County of Orange, state of California, as described in the final decree of partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868 in Book liB" Page 410 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as follows: Beginning at a point in the center line of the Santa Ana Canyon Road, as described in Deed recor- ded in Book 171 Page 144, Official Records, said point being located 1047.38 feet North 600 22' 55" East of a bolt marking the P. I. of a curve, said bolt being located approximately 121.00 feet east- erly of the intersection of said center line by the West line of the Juan Yorba allotment of the Rancho Santiago de Santa Ana; running from said point of beginning North 600 22' 5511 East 566.10 feet along said center line; thence South 290 23' 5011 East 802.97 feet to a point in the westerly line of that certain 50.00 foot strip of land, as conveyed to the Santa Ana Valley Irrigation Company, by Deed dated October 8, 1947, recorded in Book 1536 Page 487, Official Records, said point being a point on a curve concave to the East with a radius of 175.00 feet, in the said westerly boundary of said strip of land, the bearing of the center of said curve at said point being North 860 16' 35" East; thence southerly along said curve 92.55 feet through a central angle of 300 18' 10'1 to a point in line tangent; thence South 340 01' 35'1 East 96.00 feet to the beginning of a curve tangent concave to the Northwest having a radius of 115.00 feet; thence along said tangent curve 192.68 feet through a central angle of 960 00' 00" to a point in line tangent; thence South 610 58' 25" I'lest 344.68 feet along said tangent line to a point being the beginning of a tangent curve with a radius of 136.00 feet concave to the North; thence along said curve 94.19 feet through a central angle of 390 41' 0011 to a point in line tangent; thence North 780 20' 35" West 21.48 feet to a point in a line drawn South 290 00' 45" East from the point of beginning; thence North 290 00' 45:' West 1054.95 feet to the point of beginning; Except from that portion of said land within the Juan Yorba allotment of Rancho Santiago de Santa Ana, any portion within the 70 foot right of way conveyed by L. W. Kirby and Felicidad C. Kirby to the Santa Ana Valley Irrigation Company, a corporation, by Deed recorded November 12, 1877, in Book 57 Page 513, Deeds, Records of Los Angeles County, California. .~^ That portion of the land allotted to Juan Yorba, in the County of Orange, State of California, as describ- ed in the final decree of partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1868 in Book liB", Page 410 of Judgments of the District Court of the 17th Judicial District in and for Los Angeles County, California, described as follows: -2- .".~ Commencing at a point in the center line of the Santa Ana Canyon Road as described in Deed to County of Orange, recorded June 7, 1926, in Book 171 Page 144 of Official Records, said point being distant North 600 22' 55" East 555.56 feet of a bolt marking the P. I. of a curve, said bolt being located approxima- tely 121.00 feet easterly of the intersection of said center line by the West line of the Juan Yorba allot- ment of the Rancho Santiago de Santa Ana; thence South 290 13' 1511 East 262.00 feet to the most southerly corner of Parcel One described in Deed to M. Warren Tait and wife, recorded December 8, 1953 in Book 2629 Page 379 of Official Records, said point being the true point of beginning; thence North 600 22' 55" East 490.86 feet along the southeasterly line of said land of M. Warren Tait and the northeasterly prolongation thereof to the northeasterly line of land described in Deed to b~agnus W. Tait and wife, recorded February 2, 1949 in Book 1795, Page 499 of Official Records; thence South 290 00' 4511 East 792.95 feet along said north- easterly line to the northerly line of that certain 50.00 foot strip of land described in Deed to Santa Ana Valley Irrigation Company, recorded October 9, 1947 in Book 1536, Page 487 of Official Records; thence North 780 20' 35" \^Jest 615.24 feet along said northerly line to a line bearing South 290 13' 15" East from the true point of beginning; thence North 290 13' 15" West 367.13 feet to the true point of beginning. be excluded from R-A AGRICULTURAL ZONE to R-l SINGLE Flli1ILY RESIDENTIAL ZONE subject to the following conditions: 1. That a final tract map of subject property shall be submitted to and approved by B1e City Council and then be recorded in the office of the Orange County Recorder. 2. That the completion of these reclassification pro- ceedings is contingent upon the granting of Variance No. 2499 and Tentative Map of Tract No. 5778, Revision No.1. 3. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in-lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to the commencement of structural framing. 5. That final floor plans and elevations for the proposed houses shall be submitted to and approved by the Planning Com- mission and City Council. "- 6. Prior to the introduction of an ordinance rezoning subject property, Conditions Nos. 1, 2, and 5, above mentioned, shall be completed. The provisions or rights granted by this resolution shall become null and void by action of the City Council unless said conditions are complied with within one year from the date hereof or such further time as the City Council may grant. -3- .- BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby authorized and directed to prepare and submit to the City Council an ordinance amending Title 18 of the Anaheim Municipal Code to accomplish the objects herein found and determined to be necessary and proper. THE FOREGOING RESOLUTION is approved and signed by me this 3rd day of July, 1973. ATTEST ~. < hi. dJe-<'-P-d:::: C Y CLERK OF THE CITY OF /~~ ~ MA4~cITY OF ~ Pro Tem ANAl-IE Hi STATE OF CJ.I.LIFORlIJIA ) COUNTY OF ORl\NGE ) ss . CITY OF"fu~~~EIM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 73R-258 was passed and adopted at a regular meeting of the City Council held on the 3rd day of July r 1973 , by the following vote of the members thereof: --- AYES: COUNCILI~N: STEPHENSON, PEBLEY, THOM, SNEEGAS NOES: COUNCILI1EN: NONE ABSENT: COUNCILMEN; DUTTON Pro Tem AND I FURTHER CERTIFY that the Mayor/of the City of Anaheim approved and signed said Resolution on the ~_ day of July , 19~ IN WITNESS vlliEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rq day of July , 19 73 A~uN~ CITY CLEm< OF THE CITY OF N~AHEIM (SEAL) <~- I. DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 73R-258 duly passed and adopted by the Anaheim City Council on July 3, 1973. ll~o )?( ll~- . City Clerk -4-