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HomeMy WebLinkAbout95-12 Rezoning 3100 Bear StreetORDINANCE NO. 95 -IQ - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING REZONE PETITION R-95-02, CHANGING THE ZONING OF 3100 BEAR STREET FROM I&R-S AND R1 TO PDR -LD. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.: There is hereby placed and included in the PDR -LD zone all the real property as described below and described at 3100 Bear Street, 1994-1995 Assessor Parcel Numbers 141-511-28, 141-511- 32, 141-511-33, 141-511-34, 141-511-36, and 141-521-31, situated•in the City of Costa Mesa, County of Orange, State of California, to wit. PARCEL 1: THAT PORTION OF LOT 1, BLOCK C OF THE BERRY TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 6 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 150.00 FEET ALONG THE WEST LINE OF SAID LOT; THENCE EAST 148.00 FEET PARALLEL WITH THE SOUTH LINE OF SAID LOT; THENCE SOUTH 150.00 FEET PARALLEL WITH THE WEST LINE OF SAID LOT TO THE SOUTH LINE OF SAID LOT; THENCE WEST 148.00 FEET ALONG THE SOUTH LINE OF SAID LOT TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE POTION LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 28, 1976 IN BOOK 11753, PAGE 234 OF OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL 2: THE EASTERLY 140.00 FEET OF THE WESTERLY 288.00 FEET OF THE SOUTHERLY 150.00 FEET, MEASURED ALONG THE SOUTHERLY LINE OF LOT 1, BLOCK C OF THE BERRY TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 6 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED APRIL 7, 1972 IN BOOK 10071, PAGE 403 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 3: THE SOUTHERLY 150.00 FEET OF THAT PORTION OF LOT 1, BLOCK C OF THE BERRY TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 6 OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT 1, DISTANT EASTERLY THEREON 288.00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH PARALLEL TO THE WEST LINE OF SAID LOT, 242.00 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID LOT, 180.00 FEET; THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID LOT, 242.00 FEET TO THE SOUTH LINE OF SAID LOT; THENCE WEST 180.00 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM SAID SOUTHERLY 150.00 FEET THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 15, 1971 IN BOOK 9887, PAGE 554 OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTION THEREFROM ONE-HALF OF ALL OIL AND MINERAL, BUT WITHOUT THE RIGHT OF ENTRY, AS RESERVED BY ETTA C. DAVIES, A WIDOW, IN DEED RECORDED JUNE 1, 1959 IN BOOK 4737, PAGE 511 OF OFFICIAL RECORDS. PARCEL 4: THE SOUTHERLY 150.00 FEET OF LOT 1, BLOCK C OF THE BERRY TRACT, AS SHOWN ON MAP RECORDED IN BOOK 9, PAGE 6 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH THE WESTERLY HALF OF THAT PORTION OF THE UNNAMED STREET ADJOINING SAID SOUTHERLY 150.0 FEET ON THE EAST THAT WOULD PASS BY OPERATION OF LAW, ABANDONED BY THE BOARD OF SUPERVISORS OF ORANGE COUNTY, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 19, 1935 IN BOOK 792, PAGE 406 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. EXCEPT THEREFROM THE WESTERLY 468.00 FEET THEREOF, MEASURED ALONG THE SOUTHERLY LINE OF SAID LOT 1. PARCEL 5: THAT PORTION OF LOT 1 IN BLOCK C OF THE BERRY TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 6 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE NORTH ALONG THE WEST LINE THEREOF, 242.00 FEET; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, A DISTANCE OF 148.00 FEET; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, A DISTANCE OF 242.00 FEET TO THE SOUTH LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE OF 148.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 150.00 FEET. PARCEL 6: BEGINNING AT A POINT IN THE CENTER LINE OF AN UNNAMED STREET ON THE EAST SIDE OF LOT 1 IN BLOCK C OF THE BERRY TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 6 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND AS SHOWN ON A MAP FILED IN BOOK 6, PAGE 13 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING 828.65 FEET NORTH 0o 13' EAST OF A POINT IN THE CENTER LINE OF PAULARINO AVENUE, AS SAID AVENUE IS SHOWN ON SAID MAPS; RUNNING THENCE NORTH 890 59' 15" WEST 528.11 FEET TO A POINT IN THE WEST LINE OF SAID LOT 1, SAID POINT BEING 829.55 FEET NORTH 0o 13' EAST FROM THE CENTERLINE OF SAID PAULARINO AVENUE; THENCE NORTH 0o 13' EAST 82.90 FEET ALONG SAID WEST LINE OF LOT 1 TO A POINT 0.55 FEET SOUTH OF THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN PARCEL 1 IN THE DEED OF TABITHA POE, RECORDED SEPTEMBER 1, 1936 IN BOOK 422, PAGE 454 OF OFFICIAL RECORDS; THENCE SOUTH 890 59' 15" EAST TO THE INTERSECTION WITH THE SOUTH LINE OF PARCEL 1 AS DESCRIBED IN SAID DEED; THENCE SOUTH 890 53'30" EAST TO A POINT IN THE CENTER LINE OF SAID UNNAMED STREET ON THE EAST SIDE OF SAID LOT 1, BEING THE SOUTHEAST CORNER OF PARCEL 1 AS DESCRIBED IN SAID DEED; THENCE SOUTH 0o 13' WEST 82.55 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 15.00 FEET. ALSO EXCEPTING THEREFROM AN UNDIVIDED 9/10THS INTEREST IN AN TO THE WELL AND PUMPING PLANT SITUATED ON SAID LAND AND THE WATER TO BE PRODUCED THEREFROM. PARCEL 7: THE SOUTH 82.90 FEET OF THE NORTH 746.10 FEET OF THE FOLLOWING DESCRIBED TRACT: THE NORTH HALF OF LOT 1 IN BLOCK C OF THE BERRY TRACT, TOGETHER WITH THE UNDESIGNATED STRIP ON THE NORTHERLY SIDE THEREOF AND THE WESTERLY HALF OF THE UNNAMED STREET ON THE EASTERLY SIDE THEREOF, AS SHOWN ON A MAP OF SAID TRACT RECORDED IN BOOK 9, PAGE 6 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE WESTERLY 150.00 FEET. PARCEL 8: THE SOUTH 82.90 FEET OF THE NORTH 663.20 FEET OF THE FOLLOWING DESCRIBED TRACT: THE NORTH HALF OF LOT 1 IN BLOCK C OF THE BERRY TRACT, TOGETHER WITH THE UNDESIGNATED STRIP ON THE NORTHERLY SIDE THEREOF AND THE WESTERLY HALF OF THE UNNAMED STREET ON THE EASTERLY SIDE THEREOF, AS SHOWN ON A MAP OF SAID TRACT RECORDED IN BOOK 9, PATE 6 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE WESTERLY 150.00 FEET. PARCEL 9: THAT PORTION OF LOT 1 IN BLOCK C OF THE BERRY TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 6 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE CENTER LINE OF AN UNNAMED STREET ON THE EAST SIDE OF SAID LOT 1, SAID POINT BEING NORTH 0o 13'00" EAST 828'65 FEET FROM A POINT IN THE CENTER LINE OF PAULARINO AVENUE, AS SAID PAULARINO AVENUE IS SHOWN ON SAID MAP; THENCE NORTH 89059' 15" WEST 528.11 FEET TO A POINT IN THE WEST LINE OF SAID LOT 1, SAID POINT BEING NORTH 00 13' 00" EAST 829.55 FEET FROM SAID CENTER LINE OF PAULARINO AVENUE. EXCEPTING THEREFROM THE SOUTHERLY 150.00 FEET. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH ALONG THE WEST LINE, 242 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT, 148 FEET TO A POINT; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, 242 FEET TO THE SOUTHER LINE THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT, 148 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF AN 288 FEET EAST FROM THE SOUTHWEST CORNER OF LOT 1 IN BLOCK C OF THE BERRY TRACT; THENCE NORTH, PARALLEL TO THE WEST LINE OF SAID LOT, 242 FEET; THENCE EAST, PARALLEL TO THE SOUTH LINE OF SAID LOT, 180 FEET; THENCE SOUTH, PARALLEL TO THE WEST LINE OF SAID LOT, 242 FEET TO THE SOUTH LINE OF SAID LOT; THENCE WEST OF 180 FEET TO THE POINT OF BEGINNING. PARCEL 10: BEGINNING AT A POINT IN THE SOUTH LINE OF AND 288 FEET EAST FROM THE SOUTHWEST CORNER OF LOT 1 IN BLOCK C OF THE BERRY TRACT, ASH SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 6 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTH, PARALLEL TO THE WEST LINE OF SAID LOT, 242 FEET; THENCE EAST, PARALLEL TO THE SOUTH LINE OF SAID LOT, 180 FEET; THENCE SOUTH, PARALLEL TO THE WEST LINE OF SAID LOT, 242 FEET TOT HE SOUTH LINE OF SAID LOT; THENCE WEST 180 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHERLY 150.00 FEET. SECTION 2.: Pursuant to the provisions of Section 13-79 of the Costa Mesa Municipal Code, District Map E-8 of the City of Costa Mesa is hereby amended by the change of zone described in Section 1 hereof and in the respective Exhibit. Copies of the District Maps are on file in the office of the Planning Division. SECTION 3.: This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names and members of the City Council voting for and against the same. PASSED AND ADOPTED this a, �"`" day of 1995. ATTEST: Deputy CitAr Clerk of the City of Costa M4,sa Mayor f the City of Costa Mesa APPROVED AS TO FORM: 1 City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 95-12 was introduced and considered section by section at -.,a regular meeting of the City Council held on the 7th day of August, 1995, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 21st day of August, 1995, by the following roll call vote: AYES: Erickson, Hornbuckle, Genis, Monahan NOES: None ABSENT: Buffa IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 22nd day of August, 1995. Deputy City --the City Co lerk and ex -officio Clerk of cil of the City of Costa Mesa