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HomeMy WebLinkAboutRES 2011-29RESOLUTION NO. 2011— 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE DETACHMENT OF SPECIFIED PORTIONS OF THE PULTE TRACT ("DIAMOND HILLS") PARCELS FROM CITY OF DIAMOND BAR LANDSCAPE ASSESSMENT DISTRICT NO. 39. A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et seq.). (ii) In 1998, the City Council of the City of Diamond Bar ("City") passed Resolution 98-59 ("Resolution"), which among other things, approved Vesting Tentative Tract Map ("VTTM") No. 52267 (the "Pulte Tract"). The Resolution provides that as a condition of approval, those portions of VTTM No. 52267 currently within Landscape Maintenance District 39 shall be removed from said Landscape District and as deemed appropriate, be incorporated into VTTM No. 52267 Homeowners' Association and Landscape Maintenance District 38. (iii) The above -referenced condition was never satisfied prior to final map approval. This means that portions of the Pulte Tract that were intended to be detached from District 39 were, in fact, never removed from the District. (iv) On May 17, 2011, the City Council adopted a Resolution of Intention to detach specified parcels from Landscape Maintenance District 39 in order to resolve this discrepancy, and directed the City Clerk to publish the notice of the hearing to be set for June 21, 2011 in the form, time and manner required by law. (v) A public hearing to consider the detachment of the parcels shown in Exhibit A from Landscape Maintenance District 39 was held on June 21, 2011 at 6:30 p.m. in the City Council chambers located at 21825 East Copley Drive, Diamond Bar, CA 91765, in order to consider evidence in support and in opposition to the proposed detachment. A 2011--29 (vi) Upon the conclusion of the public hearing, the City Council determined that there was no majority protest to the detachment of the parcels from Landscape Maintenance District - 39, as shown in Exhibit A attached hereto and incorporated herein by reference. (vii) The purpose of this Resolution is to order the detachment of the parcels shown in Exhibit A. (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City hereby orders the detachment of specified parcels, as shown in Exhibit A, from Landscape Maintenance District 39. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 2lsiday of June , 2011. Steve Tye, Mayor 2011-29 I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the2lstday of June , 2011, by the following vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: e, -a, Tommye A. Cribbins, City Clerk 2011•-29 EXHIBIT A SHEET 7 OF 2 SHEETS DETACHMENT DIAGRAM FOR ASSESSMENT DISTRICT NO. 39 FISCAL YEAR 2011-2012 FOR THE CITY OF DIAMOND BAR N M Oepppf IRe.q R# W/ tm 011 n!®. RMI M 001RCf . M Mtll01f1 Allo. Mee1N q AF9l� R M mIMA 0/ 100 11[.101 ago= 901E M IM No uoeas rm v 101 0 nMcn 01 wo an./ M eana i N�.Oa W1� � P�'a YNt NI ItL N M OAft v M I01 r.aM u . batt 1 !V. btlt YM OO1111Cfy 0/ M w OI ItY40 ON rlomrsme• es ve<m� mww s -- U7B-11W®HICH 1 t 1B30C.. 1NC. I a t - W x A of 0 CA g a I � I � 2011--29