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6043ORDINANCE NO. 6043 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2005-00163). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, following a duly noticed public hearing held on October 3, 2005, pursuant to the provisions of Chapter 18.60 of the Anaheim Municipal Code, the Anaheim Planning Commission did adopt its Resolution No. PC2005-163 determining that a change or changes in the zone or zones hereinafter mentioned and described should be made to reclassify the subject property, as described below, into the RS -2 (Single -Family Residential) Zone; and WHEREAS, the owner of the subject property has requested that the City finalize reclassification of the subject property from the T (Transition) Zone to the RS -2 (Single -Family Residential) Zone of the City of Anaheim; and WHEREAS, certain terms and conditions were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject property situated in the County of Orange, State of California, described as follows, to wit: PARCFT. A• THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, DISTANT SOUTH 89° 03' 42' EAST 300.00 FEET FROM THE NORTHWESTERLY CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 0° 11' 18' WEST 140.43 FEET; PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST QUARTER TO THE NORTHERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 7, 1955, IN BOOK 3093, PAGE 319, OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, THE FOLLOWING BEARINGS AND DISTANCES: NORTH 890 47' 33" EAST 120.83 FEET, NORTH 89° 01' 45" EAST 15.45 FEET; THENCE NORTH 00 11' 18" EAST 137.50 FEET PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST QUARTER TO THE NORTHERLY LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 890 03'42" WEST ALONG SAID LINE 136.25 FEET TO THE POINT OF BEGINNING. PARCEL B: THAT PORTION OF THE FRACTIONAL WEST HALF OF SECTION 2, TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, PARTLY WITHIN THE CITY OF ANAHEIM, AND PARTLY WITHIN THE CITY OF FULLERTON, AS SHOWN ON MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE ORANGE COUNTY FLOOD CONTROL CHANNEL, 65.00 FEET WIDE, WITH THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO A. 0. DRAGGE AND OTHERS RECORDED AUGUST 29, 1956 IN BOOK 3627 PAGE 153 OF OFFICIAL RECORDS; THENCE SOUTH 0° 44' 45" EAST ALONG SAID EASTERLY LINE 140.07 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF DRAGGE; THENCE SOUTH 88° 51' 30" WEST 229.24 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID LAND OF DRAGGE; THENCE NORTH 89° 59' 45" WEST 70,75 FEET TO THE SOUTHWEST CORNER OF SAID LAND OF DRAGGE; THENCE NORTH 89° 59' 51" WEST ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN DEED TO LESSER INDUSTRIAL PROPERTIES, INC., RECORDED NOVEMBER 23, 1959 IN BOOK 4985 PAGE 244 OF OFFICIAL RECORDS, 299.24 FEET TO AN ANGLE POINT THEREIN, THENCE NORTH 860 00' 32" WEST ALONG SAID SLY LINE 330.73 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 82° 01' 35" WEST ALONG SAID SOUTHERLY LINE 28.79 FEET TO A POINT IN SAID SOUTHERLY LINE OF THE FLOOD CONTROL CHANNEL, 65.00 2 FEET WIDE, SAID POINT BEING A POINT IN A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 772.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 20 24' 41" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20 24' 56" AN ARC DISTANCE OF 32.57 FEET TO A LINE TANGENT; THENCE SOUTH 89° 59' 45" EAST ALONG SAID LINE TANGENT 592.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 527.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 380 53' 53" AN ARC DISTANCE OF 358.12 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 2. ALSO EXCEPTING FROM THAT PORTION OF SAID LAND LYING WITHIN THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, EXCEPT THE WESTERLY 348 FEET AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID LAND AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF SAID LAND, IN THE DEED FROM H. M. FOSTER AND WIFE TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 17, 1955 IN BOOK 3248 PAGE 63 OF OFFICIAL RECORDS. 3 into the RS -2 (Single -Family Residential) Zone of the City of Anaheim. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above- described property shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 28thday of November , 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 12 day of December , 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu,Hernandez,, Galloway, Kring NOES: None ABSENT: None ABSTAIN: None CITY OF ANA By MAYOR OF THE CITY 6F AAHEIM ATTE F THE CITY Or 1kNAHEIM 63578.01MGordon 0 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California,, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: December 21, 2006 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: December 21, 2006 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION ORDINANCE NO. 6043 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2005.00163). THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES FIND THAT: WHEREAS, following a duly noticed public hearing held on October 3, 2005, pursuant to the provisions of Chapter 18.60 of the Anaheim Municipal Code, the Anaheim Planning Commission did adopt its Resolution No. PC2005-163 deter- mining that a change or changes in the zone or zones hereinafter mentioned and described should be made to reclassify the subject property, as described below, into the RS -2 (Single -Family Residential) Zone; and WHEREAS, the owner of the subject property has requested that the City finalize reclassification of the subject proper- ty from the T (Transition) Zone to the RS -2 (Single -Family Residential) Zone of the City of Anaheim; and WHEREAS, certain terms and conditions were made as conditions precedent to the making of a change or changes of said zone or zones, which conditions have been complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject property situated in the County of Orange, State of California, described as follows, to wit: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUAR- TER OF SECTION 2, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, DE- SCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID NORTHWEST QUARTER, DISTANT SOUTH 89° 03' 42' EAST 300.00 FEET FROM THE NORTHWESTERLY CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 11' 18' WEST 140.43 FEET; PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST QUARTER TO THE NORTHERLY LINE OF LAND DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 7, 1955, IN BOOK 3093, PAGE 319, OFFICIAL RECORDS; THENCE ALONG SAID NORTHERLY LINE, THE FOLLOWING BEARINGS AND DISTANCES: NORTH 89° 47' 33" EAST 120.83 FEET, NORTH 89° 01' 45" EAST 15.45 FEET; THENCE NORTH 0° 11' 18" EAST 137.50 FEET PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST QUARTER TO THE NORTHERLY LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 89° 03' 42" WEST ALONG SAID LINE 136.25 FEET TO THE POINT OF BEGINNING. PARCEL B THAT PORTION OF THE FRACTIONAL WEST HALF OF SECTION 2, TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, PARTLY WITHIN THE CITY OF ANAHEIM, AND PARTLY WITHIN THE CITY OF FULLERTON, AS SHOWN ON MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE ORANGE COUNTY FLOOD CONTROL CHANNEL, 65.00 FEET WIDE, WITH THE EASTERLY LINE OF THE LAND DESCRIBED IN DEED TO A. O. DRAGGE AND OTHERS RECORDED AUGUST 29, 1956 IN BOOK 3627 PAGE 153 OF OFFICIAL RECORDS; THENCE SOUTH 0° 44' 45" EAST ALONG SAID EASTERLY LINE 140.07 FEET TO THE SOUTHEAST CORNER OF SAID LAND OF DRAGGE; THENCE SOUTH 88° 51'30" WEST 229.24 FEET TO AN ANGLE POINT IN THE SOUTHER- LY LINE OF SAID LAND OF DRAGGE; THENCE NORTH 89° 59'45" WEST 70,75 FEET TO THE SOUTHWEST COR- NER OF SAID LAND OF DRAGGE; THENCE NORTH 89° 59' 51" WEST ALONG THE SOUTHERLY LINE OF THE LAND DESCRIBED IN DEED TO LESSER INDUSTRIAL PROPERTIES, INC., RECORDED NOVEMBER 23, 1959 IN BOOK 4985 PAGE 244 OF OFFICIAL RECORDS, 299.24 FEET TO AN ANGLE POINT THEREIN, THENCE NORTH 86'00'32" WEST ALONG SAID SLY LINE 330.73 FEET TO AN ANGLE POINT THEREIN; THENCE NORTH 82°01' 35" WEST ALONG SAID SOUTHERLY LINE 28.79 FEET TO A POINT IN SAID SOUTHERLY LINE OF THE FLOOD CONTROL CHANNEL, 65.00 FEET WIDE, SAID POINT BEING A POINT IN A CURVE CONCAVE SOUTHERLY HAV- ING A RADIUS OF 772.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 2° 24'41" WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2'24'56" AN ARC DISTANCE OF 32.57 FEET TO A LINE TANGENT; THENCE SOUTH 89° 59' 45" EAST ALONG SAID LINE TANGENT 592.00 FEET TO THE BE- GINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 527.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38° 53' 53" AN ARC DISTANCE OF EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 2. ALSO EXCEPTING FROM THAT PORTION OF SAID LAND LYING WITHIN THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 2, EXCEPT THE WESTERLY 348 FEET AN UNDIVID- ED ONE-HALF INTEREST IN AND TO ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER SAID LAND, TOGETH- ER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE, AND STOR- ING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LANDS, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE SAID LAND, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE SAID LAND AND -TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BE- NEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, RE- PAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF SAID LAND, IN THE DEED FROM H. M. FOSTER AND WIFE TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 17. 1955 IN BOOK 3248 PAGE 63 OF OFFICIAL RECORDS. into the RS -2 (Single -Family Residential) Zone of the City of Anaheim. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above-described property shall be exclud- ed from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting -of ths,90 Council of the City of Anaheim held on the 28th day of November, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 12th day of December, 2006, by the following roll call vote: . AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM 8/s/ Curt Pringle MAYOR OF THE CITY OF ANAHEIM ATTEST: /s/ Cathy Godoy CITY CLERK OF THE CITY OF ANAHEIM i PublishBull ed: Anaheim efin, December 21. 2006 - _.f .8244108- 25-1081