HomeMy WebLinkAboutRES 95-55RESOLUTION NO 95-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA VACATING A PORTION
LONA COURT IN THE CITY OF DIAMOND BAR
PART A RECITALS
(i) WHEREAS, Gona Court has been dedicated to the City
of Diamond Bar, as successor to the County of Los Angeles, for
public street and highway purposes via the recordation of Tract
No. 34157 as shown on map recorded on January 30, 1980 in Book 937
at Pages 1 through 8 inclusive of Maps in the Office of County
Recorder of the County of Los Angeles, State of California; and
(ii) WHEREAS, on August 15, 1995, the City Council duly
passed and adopted Resolution No. 95-49 declaring its intention to
vacate a portion of Gona Court in the City of Diamond Bar, the
general location and extent of which was shown therein; and
(iii) WHEREAS, said Resolution fixed 7:00 P.M. on the
19th day of September, 1995, in the South Coast Air Management
District Auditorium at 21865 East Copley Drive in the City of
Diamond Bar, California, 91765 as the time and place for hearing
all persons interested in the proposed vacation, and the date of
said hearing was not less than fifteen (15) days from the date of
the adoption of said Resolution; and
(iv) WHEREAS, Notice of Public Hearing was duly
published for two (2) successive weeks as required by Section 8322
of the Streets and Highways Code of the State of California, and
said Resolution was published and posted in the manner prescribed
for the publishing and posting of resolutions of the City of
Diamond Bar; and
(v) WHEREAS, notice of this street vacation was duly
posted conspicuously along the line of said street proposed to be
vacated as required by Section 8323 of the Streets and Highways
Code of the State of California, at least two (2) weeks before the
date set for said hearing, which notices were posted not more than
three hundred (300) feet apart, were not less than three (3) in
number, referred to the Resolution of Intention, stated the day,
hour and place of hearing and contained a map showing the
location of the portion of the street to be vacated; and
(Vi) WHEREAS, on September 19, 1995, at 7:00 P.M.in the
in the South Coast Air Management District Auditorium at 21865
East Copley Drive in the City of Diamond Bar, California, 91765,
the City Council held said hearing and received testimony, wholly
in support of and without opposition to the vacation, and
considered the evidence, including evidence that this street
provides access to those properties which are presently within the
territory of the Cross Keys of Walnut Homeowners Association and
to none other, all with respect thereto; and,
(Vii) WHEREAS, the location, purpose and extent of the
proposed vacation of said street was duly reviewed by the Planning
Commission of the City of Diamond Bar and found and reported in
its Resolution No. 95-11, duly passed at its regular meeting of
July 24, 1995, to be in conformance with the Diamond Bar General
Plan and further said Commission recommended to the City Council
that the City Council find that the location and extent of the
right-of-way proposed to be vacated is not required for a non -
motorized transportation facility.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA DOES HEREBY RESOLVE, DECLARE,
DETERMINE AND ORDER AS FOLLOWS:
PART B RESOLUTION
Section 1 That all of the facts set forth in Part A -
Recitals, of this Resolution are true and correct.
Section 2 That the portion of Gona Court to be vacated,
generally described in Resolution No. 95-49, and
more particularly described in Exhibit "A",
attached hereto, is unnecessary for present or
prospective public uses.
Section 3 That the portion of Gona Court to be vacated, as
hereinabove described, is not required for a non -
motorized transportation facility.
Section 4 That, within the portion of Gona Court to be
vacated, there are existing public utilities,
sanitary sewers, storm drains, and other facilities
which are required for public convenience and
necessity and the City Council, from such vacation
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herein ordered, hereby reserves and excepts an
easement for public utilities and public services
purposes and an easement for sanitary sewer
purposes over the whole of the part vacated and an
easement for storm drain purposes over the
northerly 60 feet of the part vacated.
Section 5 That portion of Gona Court herein above described
is hereby ordered vacated, upon satisfaction of the
following conditions:
a) A lot line adjustment shall be approved by the
Director of Community Development and the City
Engineer and a Certificate of Compliance,
along with all necessary deeds reflecting the
lot line adjustment, shall be recorded
concurrently with the recording of this
resolution in the Office of the County
Recorder of the County of Los Angeles. Such
lot line adjustment shall incorporate all of
the herein above described vacated portion of
Gona Court with Lot 139 as said lot is shown
on map of Tract No. 34157 recorded in Book 937
at Pages 51 through 58 inclusive of Maps in
the Office of County Recorder of said County;
and
b) A quitclaim deed to the Los Angeles County
Flood Control District for the hereinabove
described storm drain easement shall be
approved by the City Engineer and shall be
recorded concurrently with the recording of
this resolution in the Office of the County
Recorder of the County of Los Angeles. Such
quitclaim shall incorporate the northerly 60
feet of the herein above described vacated
portion of Gona Court; and
c) The Cross Keys of Walnut Homeowners
Association, a California Mutual Benefit
Association, shall annex as common area, as
common area is defined in that document titled
Declaration of Covenants, Conditions and
Restrictions of Cross Keys Village (C,C & Rs,
herein), recorded September 8, 1980 in
Official Records in the Office of the County
Recorder of the County of Los Angeles as
Instrument No. 80-866712, all that portion of
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Gona Court to be vacated, as herein above
described and shall amend the C,C & Rs to
designate such annexed property as "private
street" and "fire Lane" and provide therein a
separate class of standards for the
construction, modification, repair, operation
and maintenance of "private streets" including
provisions for a minimum pavement width of 36
feet, requirements for vehicular clearance
and access to meet the requirements of Section
10.207 of the Los Angeles County Fire Code and
the approval of the Los Angeles County Fire
Department and minimum requirements for gates
to meet Regulation 5 of the Los Angeles County
Fire Prevention Manual the approval of the Los
Angeles County Fire Department, all as
approved by the Director of Community
Development and the City Engineer. All such
documents evidencing same shall be recorded
concurrently with the recording of this
resolution of vacation in the Office of the
County Recorder of the County of Los Angeles.
Section 6 That upon recordation of this resolution and the —
vacation of that portion of Gona Court described
hereinabove to be vacated, all rights, title and
interest in the existing pavement, curb, gutter and
sidewalk within the area vacated shall be vested in
the Cross Keys of Walnut Homeowners Association
("Association" herein) for the benefit and use of
all members of the Association.
Section 7 The City Clerk is directed, only upon satisfaction
of the above conditions and concurrent with the
recordation of the lot line adjustment Certificate
of Compliance, all necessary deeds reflecting the
lot line adjustment, the quitclaim of storm drain
easement, the documents annexing the vacated area
to the project and the documents amending the C,C &
Rs, to record a certified copy of this Resolution
of Vacation in the Office of the County Recorder of
the County of Los Angeles, State of California.
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PASSED, APPROVED AND ADOPTED THIS 19th DAY OF
�aepte er '1995.
/ 41- C 4'�
Phyllis E. Papen, Mayor
City of Diamond Bar, California
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar,
do hereby certify that the foregoing resolution was passed,
approved and adopted at a regular meeting of the City Council
of the City of Diamond Bar held on the 19th day of
September 1995, by the following roll call vote:
AYES: COUNCIL MEMBER(S):
NOES: COUNCIL MEMBER(S):
ABSENT: COUNCIL MEMBER(S):
ABSTAINED: COUNCIL MEMBER(S):
ATTEST:
Lynd urgess, City Clerk
City of Diamond Bar, California
S
Ansari, Harmony, MPT/Werner,
M/Papen
None
None
None
EXH t lT A
LEGAL DESCRIPTION
That certain real property situated in the City of Diamond Bar, County of Los Angeles, State of
California, described as follows:
All that portion of Gona Court, a street dedicated for public use per Tract No. 34157, in
the City of Diamond Bar, County of Los Angeles, State of California as said street is shown
on map of said tract filed in Book 937, pages 51 through 58, inclusive, of Maps, in the
Office of County Recorder of Los Angeles County, State of California.
LEGAL DESCRIPTION APPROVED:
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il
im NO.
Michael D. Myers, RCE i6-02 N — °C 30702 POW
Acting City Engineer * Exp. 3.31.9f
DATE I �7 Ig9S -----