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90-426 RESOLUTION NO. 90R-426 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. (NUNC PRO TUNC) WHEREAS, the City Planning Commission of the City of Anaheim did hold a public hearing in Reclassification Proceedings No. 89-90-49 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 person 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 or 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: THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF 1 SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF THE SAID EAST 18.35 ACRES 151.00 FEET WESTERLY OF THE NORTHEASTERLY CORNER THEREOF; THENCE WESTERLY 90.00 FEET ALONG SAID NORTHERLY LINE; THENCE SOUTHERLY 245.30 FEET ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF SAID EAST 18.35 ACRES, TO THE NORTHERLY LINE OF THE SOUTHERLY 15.00 ACRES OF SAID EASTERLY 18.35 ACRES; THENCE EASTERLY 90.00 FEET ALONG SAID NORTHERLY LINE OF THE SOUTHERLY 15.00 ACRES TO A POINT 151.00 FEET WESTERLY, MEASURED PARALLEL WITH THE NORTHERLY LINE OF SAID 18.35 ACRES, FROM THE SAID EASTERLY LINE OF THE EAST 18.35 ACRES; THENCE NORTHERLY 244.79 FEET ALONG A LINE PARALLEL WITH SAID EASTERLY LINE TO THE POINT OF BEGINNING. THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 20.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID EASTERLY 18.35 ACRES AND 370.54 FEET WESTERLY OF THE EASTERLY LINE OF SAID EASTERLY 18.35 ACRES; THENCE WESTERLY 18.00 FEET ALONG A LINE PARALLEL WITH THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID SOUTH 15 ACRES, 141.00 FEET; THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE WESTERLY ALONG THE SAID NORTHERLY LINE, 141.00 FEET TO THE POINT OF BEGINNING. PARALLEL WITH THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE SOUTHERLY 29.0 FEET ALONG A LINE PARALLEL WITH THE EASTERLY LINE OF THE 18.35 ACRES. THENCE EASTERLY 18.0 FEET ALONG A LINE PARALLEL WITH SAID NORTHERLY LINE OF SAID 18.35; THENCE NORTHERLY 29.0 FEET PARALLEL WITH THE EASTERLY LINE OF SAID 18.35 ACRES TO THE POINT OF BEGINNING. THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EASTERLY 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF THE SOUTH 15 ACRES OF SAID EAST 18.35 ACRES, THE NORTHERLY LINE OF SAID SOUTH 15 ACRES BEING PARALLEL TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID SOUTH 15 ACRES, 141.00 FEET; THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE WESTERLY ALONG THE SAID NORTHERLY LINE, 141.00 FEET TO THE POINT OF BEGINNING. THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. & M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EASTERLY 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF THE SOUTH 15 ACRES OF SAID EAST 18.35 ACRES, THE NORTHERLY LINE OF SAID SOUTH 15 SOUTH BEING PARALLEL TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID SOUTH 15 ACRES, 141.00 FEET; THENCE NORTHERLY PARALLEL TO THE WESTERLY LINE OF SAID 18.35 ACRES, 246.30 FEET TO THE NORTHERLY LINE OF SAID 18.35 ACRES; THENCE WESTERLY ALONG THE SAID NORTHERLY LINE, 141.00 FEET TO THE POINT 3 OF BEGINNING. BEGINNING AT A POINT 20.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE EASTERLY 18.35 ACRES OF THE NORTHWESTERLY QUARTER OF THE SOUTHWESTERLY QUARTER SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. & M., AND 370.54 FEET WESTERLY OF THE EASTERLY LINE OF SAID EASTERLY 18.35 ACRES; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID 18.35 ACRES, 18.00 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF THE 18.35 ACRES, 29.0 FEET; THENCE EASTERLY ALONG A LINE PARALLEL TO THE SAID NORTHERLY LINE OF SAID 18.35 ACRES, 18.0 FEET; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID 18.35 ACRES, 29.0 FEET TO THE POINT OF BEGINNING. THE EAST 85 FEET OF THE WEST 226 FEET OF THE FOLLOWING DESCRIBED PARCEL: ALL OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA; THAT PORTION OF THE EAST 18.35 ACRES OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. B. & M., SAN BERNARDINO BASE AND MERIDIAN, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 226 FEET EAST OF THE NORTHWEST CORNER OF SAID 18.35 ACRES, AND RUNNING THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID 18.35 ACRES TO THE NORTH LINE OF THE SOUTH 15 ACRES OF THE EAST 18.35 ACRES OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE EAST ALONG THE NORTH LINE OF THE SAID SOUTH 15 ACRES TO THE SOUTHWESTERLY CORNER OF THE LAND CONVEYED TO CHARLES S. COX AND WIFE, RECORDED JANUARY 23, 1957, IN BOOK 3778, PAGE 450, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LAND CONVEYED TO CHARLES S. COX AND WIFE 245.30 FEET TO THE NORTHERLY LINE OF SAID EAST 18.35 ACRES; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO 4 THE POINT OF BEGINNING. BEGINNING AT A POINT 20.00 FEET SOUTHERLY OF THE NORTHERLY LINE OF THE EASTERLY 18.35 ACRES OF THE NORTHWESTERLY QUARTER OF THE SOUTHWESTERLY QUARTER OF THE SECTION 18, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, CITY OF ANAHEIM, AND 370.54 FEET WESTERLY OF THE EASTERLY LINE OF SAID EASTERLY 18.35 ACRES; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID 18.35 ACRES, 18.00 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL TO THE EASTERLY LINE OF THE 18.35 ACRES, 29.00 FEET; THENCE EASTERLY ALONG A LINE PARALLEL TO THE SAID NORTHERLY LINE OF SAID 18.35 ACRES, 18.0 FEET; THENCE NORTHERLY PARALLEL TO THE EASTERLY LINE OF SAID 18.35 ACRES, 29.0 FEET TO THE POINT OF BEGINNING. THE NORTHERLY LINE OF THE EASTERLY 18.35 ACRES BEING THE CENTER LINE OF ORANGE AVENUE, into the "RS-5000" RESIDENTIAL, SINGLE-FAMILY ZONE of the city of Anaheim, subject to the following conditions: 1. That an unsubordinated covenant, agreeing to provide the buyer of each dwelling unit with written information obtained from the school district(s) pertaining to possible overcrowded conditions and busing status of the school(s) serving the dwelling unit, shall be recorded with the Office of the Orange County Recorder. 2. That prior to the introduction of an ordinance rezoning subject property, Condition No. 1, 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 (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 3. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable city, State and Federal regulations. Approval does not include any 5 action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 is adopted to correct certain clerical errors heretofore contained in Resolution No. 90R-368 and this resolution shall supersede and replace Resolution No. 90R-368 in its entirety, nunc pro tunc. THE FOREGOING RESOLUTION is ~pproved and adopted by the City Council of the City of Anaheim this 4%~ day of December , 1990. O~IT _.F~ CiTY CLERK OF THE CITY OF ANAHEIM JLW:db R3489049.113 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. 90R-426 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of December, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle 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. 90R-426 on the 5th day of December, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of December, 1990. CITY CLERK OF~HE 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. 90R-426 duly passed and adopted by the Anaheim City Council on December 4, 1990. CITY CLERK OF THE CITY OF ANAHEIM