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
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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
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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
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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
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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
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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
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Jane B. Lawson
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SECTIONAL DISTRICT MAP
CITY OF SANTA ANA
PRECISE PLAN OF LAND USE
ORANGE COUNTY,. CALIFO~.NIA
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