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HomeMy WebLinkAboutNS-1115ORDINANCE NS-1115 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ON AMENDMENT APPLICATION ~698 FILED BY HOWARD B. LAWSON TO REZONE FROM R 1 to R 4 WHEREAS, the Planning Commission has given notice of and duly held a public hearing on Amendment Application 698, filed by Howard B. Lawson to rezone from R 1 to R 3H property located north of Santiago Creek, west of Santiago Avenue; and WHEREAS, the City Council regularly held a public hearing on said rezoning on published notice as required by law, and does now find that the public necessity, convenience and general welfare require that said property be rezoned from R 1 to R 4, and that the new zoning will not be detrimental to the surround- ing property. NOWt THEREFORE~ THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOW~: SEC~TON 1: That Sectional District Map 31-4-9 be amended to rezone property located north of Santiago Creek, west of Santiago Street, from the R 1 District to the R 4 District in accordance with Exhibit A.A. 698-A. SECTION 2: That the Clerk of the Council shall certify to the passage of this Ordinance and cause the s~me to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 3: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular meeting held on the 26th day of Ju~e , 1972. ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the ~rd day of April , 1972, and was again considered by said Council at its meeting held on the 26th day of June , 1972, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, ABSENT~ COUNCILMEN: COUNCILMEN: COUNCILMEN: Herrin, Markel, Patterson, Griset Evans, Yamamoto Villa APPROVED AS TO FORM:  J AMES A. WITHERS City Attorney CLERK OF THE COUNCIL 5 6 ? 9 10 11 14 3.8 3:9 20 a4 a5 a6 ~? £8 ~9 ~0 AGREEMENT TIIIS AGRE~IENT entered into this 3rd .day of April 1972, by and between CITY OF SANTA ANA hereinafter referred to as "CITY", and HOWARD B. LAWSON and JANE B. LAWSON, Husband and Wife as Trustees, hereinafter referred to as "LANDOWN£R". WITNESSETH: Recitalsi 1. LANDOWNER o,ms certain real property within the City of Santa Ana zoned R-1 Single Family Residential use. Said real property is show~ on Sectional District Map referred tO on said map as Subject Site AA 698 and consists of approximately 9.80 acres. Said map is attached hereto and made a part hereof as Exhibit "D". 2. LA~DOWNER has filed an application with CITY proposing to amend Sectional District Map 31-4-9 to rezone said property from the R-i, Iff) I District, to the R-B-H or R-4 District. 3. Said rezoning, if approved, would permit more intensive use of said real property owned by LANDOWNER and would increase vehicular traffic to the extent that further roads and street widening would be necessary. 4. CITY has proposed that if said rezoning is approved, thst Memory . Lane, some'times known as Owens Drive, which borders the subject property to the south, should be widened and improved to a 9ariable width of 80 to 100 feet easterly and northerly to its connection with Parker Street in the City of Orange; that Lawson Way should be opened from its proposed intersection with 'Memory Lane, northerly along the west side of subject property to the inter- section of Town and Country Road in the City of Orange and improved to a width of 80 feet. 5. City of Orange has classified Parker Street as an arterial highway with a width of 80 feet in its master plan. NOW THEREFORE, IT IS AGREED by and between the parties hereto in con- sideration of their mutual promises the following: LANDOWNER SHALL: 1. Dedicate to CITY, by executing and delivering their grant deed for real property for street and public utility purposes, the necessary righYt 4 5 6 ? 11 14 16 ~'9 ~0 ~4 a5 ,~6 ~? a8 50 of way for Memory Lane and Lawson Way as shown and shaded in red on the map attached hereto and made a. part hereof and marked Exhibit "A". 2. Have the said dee~ delivered to the CITY after the ordinance has been adopted after second reading by CITY;, but before said ordinance becomes effective,'which ordinance rez6nes said property owned by LANDOWNER from the R-l, HD i District to the R-4 District. Acceptance of the said deed shall not take place un:il the ordinance has become final and the rezoning beforemention~.d has become effective. 3. Dedicate, by exe6uting and delivering their grant deed to the City of Orange for real property for street and public utility purposes, the necessary right of way for Lawson Way as shown and shaded in red on the map attached hereto and made a par: hereof and marked Exhibit "B". 4. At their own expense improve one-half of Memory Lane and Lawso~ Way as shown cross-hatched on Exhibits "A!' and "B", from the center line of each street to the property line, with sidewalks, curbs, gutters, paving, street lights, sewers, storm drains, trees, and do the im~rovements in accordance wl~h applicable CITY and City of Orange standards. 5. Engage a Registered Civil Engineer :o prepare plans for said street improvements, and submit them to the affected cities for their respective approval. 6. No: request or consent to any future abandonment by the City of Orange of any portion of Lawson Way lying within the City's boundaries, and shall protest any such attempt by the City of Orange to abandon such street at all appropriate times and at any and all public hearings. 7. Pay applicable fees for water service when service is desired. THE CITY SHALL ~ 1. Obtain dedication from the owner of land contiguous to the we of LANDOWNER's property, now owned'by Samuel Hurwitz and wife, of sufficient real property to make Lawson Way a 40-foot width street. The real property to be obtained by CITY is that portion of real property, shown and shaded in blue on the map marked Exhibit "C" attached hereto and made a part hereof. 2. Upon completion of the reimburseable portion of the improvements / ' J'v~/_, Page 2 required to be made by LANDOWNER, CITY shall reimburse LANDOWNER for the cost of pavement, curb and gutter. However, the improvement costs expended for the portion of Lawson Way within the City of Orange shall not be reimbursed by CITY, and shall be ~t the LANDOWNER's sole expense. The CITY further agrees to provide a sanitary sewer line to the intersection of Memory Lane and Lawson Way in o~der to provide sewer service to LANOOWNER and other propert~ owners in the area upon application for utilities release by LANDOWNER. The CITY further agrees to in- stall water lines to serve the subject land shown in Exhibit "D" prior to paving of streets. 3. The amount of reimbursement shall be the lowest of three bids secured by LANDOWNER and approved by the CITY. CITY may at its option, however, install said improvements prior to the time when LANDOWNER would be obligated to do so in lieu of LANDOWNER completing the work and seeking reimbursement from the CITY. However, such action by CITY will not relieve LANDOWNER from the duty of completing the remaining work of improvements as provided for in paragraph 4 of LANDOWNER provisions. MISCELLANEOUS PROVISIONS: 1. CITY will not be responsible to reimburse LANDOWNER for the cost of '~clearing and grubbing" and roadway excavation. 2. If satisfactory arrangements can be made with City of Orange to tie into its sewer system, CITY agrees that the sewer requirements of this agreement will be met. 3. Ail improvements shall be completed at the time of development of any portion of the property shown on the Section District Map attached hereto as Exhibit "D", and prior to the release of any utilities for any such development. 4. CITY makes no representations by this agreement that it is the intent to rezone said property differently than its present zoning, but only that if it is so rezoned that the dedications.and improvements for streets as set forth in this agreement shall be necessary for proper utilization of the property with the zone requested. 5. Should said zoning be denied by CITY this agreement shall become Page 3 4 § 6 ? 9 10 14 20 null and void and all offers of dedication shall be returned to LANDOWNER and shall be of no further force or effect and all such deeds presented to CITY shall be promptly r~turned to LAh~0WNER unrecorded. CITY agrees not to accept and record said offers of dedication by EANDOWNER to CITY until and unless said rezoning as requested by LANDOWNER becomes final. 6. Should there be an abandonment of any streets dedicated by this agreement with the full consent of CITY, then such r~al property dedicated shall revert to LANDOWNER or his heirs~ successor or assigns. 7. This agreement is contingent upon acceptance by the City of 0rahge of the dedication of Lawson way and approval of the improvement of the half width within their corporate boundaries as shown on Exhibit "B". In the event that the City of Orange refuses the aforesaid dedication, then this agree- ment shall at CITY's option become null and void. LANDOWNER agrees to request City of Orange to accept such dedication and approve such improvement of Lawson Way. ATTEST: By Florence I. Malone Clerk of the Council CITY OF SANTA ANA .. Mayor £6 Z7 ~8 James E. Withers City Attorney AYCO ~ - ~-~~on Expires JulyS, 1974 na City Hall, Santa Aha, Calif. 92701 ND OWN ER: liow~rd B, Lawson APPROVED AS TO FORM: ceCil C. WriSt Attorney for Landowner Page 4 Jane B. Lawson '0 ,.( ~'A4 /¥0~/~t V 7 4' ~'~uNT',~Y' RD, · dO ~0' % L~Y , t 9 SECTIONAL DISTRICT MAP CITY OF SANTA ANA PRECISE PLAN OF LAND USE ORANGE COUNTY,. CALIFO~.NIA II