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90-312 RESOLUTION NO. 90R-312 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 in Reclassification Proceedings No. 90-91-01 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 ~40J 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 fezone and reclassify the following described property, situated in the City of Anaheim, County of Orange, State of California, to wit: ALL THAT REAL PROPERTY BEING THE SOUTHERLY 255.87 FEET OF THE EASTERLY 100.00 FEET OF THAT PORTION OF LOT 7 IN BLOCK 17 OF A " SUBDIVISION OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN", AS SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 33, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: RECLASS 90-91-01 BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT &, SOUTH 89° Sl' 10" EAST 340.40 FEET FROM THE SOUTHWEST CORNER THEREOF, SAID POINT BEING THE SOUTHEAST CORNER OF THE LAND CONVEYED TO WILLIAM L. FARROW AND WIFE, BY DEED RECORDED FEBRUARY 27, 1948 IN BOOK 1620, PAGE 497, OFFICIAL RECORDS; THENCE NORTH 0° 33' 10" EAST ALONG THE EAST LINE OF SAID LAND CONVEYED TO WILLIAM L. FARROW AND WIFE, 368.87 FEET; THENCE SOUTH 89° 33' 10" WEST 368.8? FEET TO A POINT ON THE SOUTH LINE OF SAID LOT; THENCE NORTH 89° 51' 10" WEST ALONG SAID SOUTH LINE, 120 FEET TO THE POINT OF BEGINNING. EXCEPTING THERE FROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE. A PORTION OF LOT 7 IN BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF SECTION 21 IN TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE CITY OF ANAHEIM, IN THE RANCHO LAS BOLSAS, RECORDED IN BOOK 51, PAGE ? AND FOLLOWING, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 33; MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH 0 DEG. 40' 20" EAST 669.60 FEET ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89 DEG. 43' 50" EAST 339.00 FEET ALONG THE NORTH LINE OF SAID LOT; THENCE SOUTH 0 DEG. 33' 10" WEST 668,87 FEET TOT THE SOUTH LINE OF SAID LOT 7; THENCE NORTH 89 DEG. 51' 10" WEST 340.40 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. EXCEPT THE WEST 150.00 FEET THEREOF. ALSO EXCEPT THE NORTH 300.00 FEET THEREOF, into the "RM-2400" RESIDENTIAL, MULTIPLE-FAMILY ZONE of the City of Anaheim, subject to the following conditions: 1. That a map to record the 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. 2. That the legal owner of subject property shall dedicate to the City of Anaheim an easement five (SJ feet in width along the north property line for public utility purposes. 3. That an unsubordinated covenant shall be recorded with the Office of the Orange County Recorder 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. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. -2- RECLASS 90-91-01 4. That prior to the introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a map of the property. 5. That completion of these reclassification proceedings is contingent upon City Council approval of General Plan ~ Amendment No. 512. 6. That prior to introduction of an ordinance rezoning subject property, Condition Nos. i through 5, 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. 7. 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 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 14th day of August, 1990. ATTEST: IdA OR OF~ CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3867L 082090 -5- RECLASS 90-91-01 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-312 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 14th day of August, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor'of the City of Anaheim Signed said Resolution No. 90R-312 on the 24th day of August, 1990. IN WITNESS'WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 24th day of August, 1990. 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. 90R-312, duly passed and adopted by the Anaheim City Council on August 14, 1990. CITY CLERK OF THE CITY OF ANAHEIM