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93-161 RESOLUTION NO. 93R-161 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. 92-93-05 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: PARCEL 1: THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS THE SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9 IS SHOWN ON A MAP FILED IN BOOK 35, PAGE 15 OF RECORD OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1, DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED OCTOBER 21, 1955 IN BOOK 3253, PAGE 442, OFFICIAL RECORDS, BEING A POINT ON THE WEST LINE OF SAID SECTION 9, NORTH 0 DEG. 15' 30" WEST, 717.99 FEET FROM ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY~S 100.00 FOOT RIGHT-OF-WAY; THENCE AT RIGHT ANGLES NORTH 89 DEG. 44' 30" EAST, 40.00 FEET; THENCE SOUTH 0 DEG. 15' 30" EAST, 50.00 FEET PARALLEL WITH SAID WEST LINE; THENCE SOUTH 16 DEG. 57' 27" EAST, 221.14 FEET TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN CERTIFICATE OF TITLE NO. 9191; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 45 DEG. 15' 30" EAST, 33.25 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 92.00 FEET; THENCE SOUTHEASTERLY 4.69 FEET ALONG SAID CURVE TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 2 IN THE DEED TO THE STATE OF CALIFORNIA RECORDED OCTOBER 21, 1955 IN BOOK 3253, PAGE 442, OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY LINE OF SAID PARCEL 2, SOUTH 89 DEG. 36~ 58" EAST, 110.18 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 200 FEET; THENCE SOUTHEASTERLY 259.27 FEET ALONG SAID CURVE, THENCE SOUTH 15 DEG. 10' 23" EAST, 138.00 FEET; THENCE SOUTH 19 DEG. 28' 13" WEST, 112.30 FEET; THENCE SOUTH 30 DEG. 27' 58" WEST, 90.00 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1913.00 FEET TO WHICH POINT A RADIAL BEARS SOUTH 23 DEG. 35' 16" WEST; THENCE SOUTHEASTERLY 494.34 FEET ALONG SAID CURVE TO THE EAST LINE OF THE LAND DESCRIBED IN DEED TO WILLIAM KOERNER RECORDED APRIL 6, 1892 IN BOOK 53, PAGE 244 OF DEEDS OF SAID ORANGE COUNTY; THENCE SOUTH 0 DEG. 15' 10" EAST, 29.00 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND 481.42 FEET SOUTHERLY (MEASURED ALONG THE EASTERLY LINE OF THE SAID NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH 89 DEG. 39~ 00" EAST, 464.33 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO THE EAST LINE OF THE SAID WEST HALF OF THE SOUTHWEST QUARTER; THENCE NORTH 0 DEG. 16' 50" WEST, 1801.47 FEET ALONG SAID LAST MENTIONED EASTERLY LINE TO THE NORTHEAST CORNER OF THE SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 9; THENCE SOUTH 89 DEG. 39' 15" WEST, 1318.89 FEET ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 0 DEG. 15' 30" EAST, 876.39 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND. BEGINNING AT A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9, DISTANT ALONG SAID EAST LINE NORTH 0 DEG. 16' 55" WEST, 420.26 FEET FROM THE CENTERLINE OF THAT PORTION OF MANCHESTER AVENUE, 80.00 FEET WIDE, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MARCH 21, 1935 IN BOOK 743, PAGE 18, OFFICIAL RECORDS; THENCE CONTINUING NORTH 0 DEG. 16' 55" WEST, 208.68 FEET; THENCE AT RIGHT ANGLES, SOUTH 89 DEG. 43' 05" WEST, 40.00 FEET; THENCE SOUTH 1 DEG. 51' 25" WEST, 94.83 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 115.00 FEET TO WHICH POINT OF BEGINNING OF CURVE A RADIAL BEARS NORTH 89 DEG. 43~ 05" EAST; THENCE SOUTHWESTERLY, 116.20 FEET ALONG SAID CURVE TO THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 2, 1944 IN BOOK 1267, PAGE 100, OFFICIAL RECORDS; THENCE NORTH 89 DEG. 39' 00" EAST, 144.14 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 2, 1944 IN BOOK 1267, PAGE 100, OFFICIAL RECORDS, DISTANT ALONG SAID LINE SOUTH 89 DEG. 39' 00" WEST. 172.67 FEET FROM THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 9; THENCE NORTH 85 DEG. 51~ 08" WEST, 161.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1913.00 FEET TO WHICH POINT OF BEGINNING OF A CURVE A RADIAL BEARS SOUTH 4 DEG. 49' 49" WEST; THENCE WESTERLY 131.95 FEET ALONG SAID CURVE TO THE EASTERLY LINE OF THE LAND DESCRIBED IN CERTIFICATE OF TITLE NO. 16055; THENCE SOUTHERLY 29.09 FEET ALONG SAID EASTERLY LINE TO SAID NORTHERLY LINE; THENCE EASTERLY 291.84 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED LAND (ROBINSON'S PARCEL): BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER, BEING THE CENTERLINE OF CRESCENT AVENUE, SOUTH 89 DEG. 39' 15" WEST 733.00 FEET FROM THE CENTERLINE OF LOARA STREET; THENCE SOUTH 0 DEG. 16' 55" EAST 29.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0 DEG. 16' 55" EAST 359.42 FEET; THENCE NORTH 89 DEG. 43' 05" EAST 358.00 FEET; THENCE SOUTH 0 DEG. 16' 55" EAST 1.00 FOOT; THENCE NORTH 89 DEG. 43' 05" EAST 346.00 FEET TO THE EAST LINE OF THE 44.074 ACRE PARCEL SHOWN ON SAID MAP FILED IN BOOK 35, PAGE 15 OF RECORD OF SURVEYS; THENCE NORTH 0 DEG. 16' 55" WEST 341.19 FEET, ALONG SAID EAST LINE OF THE BEGINNING OF A CURE THEREIN, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY AND WESTERLY 31.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEG. 03' 50"; THENCE SOUTH 89 DEG. 39' 15" WEST 683.98 FEET TO THE TRUE POINT OF BEGINNING, into the "CL" COMMERCIAL LIMITED ZONE of the city of Anaheim, unconditionally. 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 shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any said rezoning shall require an ordinance of the City Council which shall be a legislative act which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of July, 1993. MAOR~O~CIT~NAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 2923.1\J~I~ITE\Ju[¥ 28, 1993 -- 4 - 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. 93R-161 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of July, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: ' Feldhaus, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Hunter AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-161 on the 28th day of July, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of July, 1993. 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. 93R-161 was duly passed and adopted by the City Council of the City of Anaheim on July 27, 1993. CITY CLERK OF THE CITY OF ANAHEIM