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CC RES 1993-004 � 0 4 �- uE�EC,rY UAILTn11 RECORDED IN OFFICIAL RECORDS RF CORMN10 REQ orilerk Dept. `-�' RECORDER'S OFFICE E City C LOS ANGEL. COUNTY sTREE VERDESMIN... 8 CALI RN IA . PALOS RANCHO stn .. 30940 HAWTHORNE BOULEVARD90274 RESOLUTION N . 93 4 4 PAST. AXTEB 191993 RANCHO PALOS VERDES,C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 7"'ANt.nu PAL�ub VETROES APPROVING AMENDMENT NO. 1 TO TRACT NO. 33034 FREE WHEREAS, an application was filed on August 7, 19 9 2 , by Jon Cartwright representing the Palos Verdes Panorama Homeowners Association, requesting an amendment to Tract No. 33034 to transfer the ownership and underlying fee of the Pt. Vicente Trail to the City; and GTLTT+'DF'�i L', a it rn►#-i r� i ==iimA e�+r,r vla;��- #-o t1he prov4 s i^ins of 0•i��'&D%.•.a v, ►i r� r r r'r +.► ►'r +✓ w i N y� r i w v •ar r r`� .�a� s� a.."r..`r .a�.. Chapter 16.32 of the City's Development Code, public hearings were held on November 4 and December 15, 1992, at which time all interested parties were given an opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the tract amendment request is a result of circumstances which make the "easement to the City of Rancho Palos Verdes for access purposes" designation adjacent to Lot 11 of recorded map No. 33034 no longer appropriate. Section 2 : That the tract amendment request does not impose any ac'dit .onal burden on the present fee owner of the property (the Palos Verdes Panorama Homeowners Association) . Section 3 : That since no changes to the recorded map will be necessary as the Pt. Vicente Trail easement has already been dedicated to the City on the map, the tract amendment does not alter any substantial .right, title or interest in real property reflected on the recorded map. Section 4: That the reduction in the amount of common open space resulting from the transfer of ownership of the Pt. Vicente Trail is insignificant in that the total amount of common open space will still exceed the 30% minimum requirement in a Residential Planned Development by approximately 25%. Section 5: For the foregoing reasons - and based on the information and findings contained in the staff report, as well as public testimony at the public hearing, the City Council of the City of Rancho Palos Verdes hereby approves Amendment No. 1 to Tract Map No. 33034 to allow the transfer of the fee ownership underlying the Pt. Vicente Trail easement adjacent to Lot 11 to the City subject. to the attached conditions marked as Exhibit "A" . , PASSED, APPROVED, and ADOPTED on February 2 , 1993 . /S/ SUSAN BROOKS Mayor ATTEST: /S/ JO PURCELL City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, JO PURCELL, City Clerk of the City of Rancho palos Verdes, hereby certify `that the above Resolution No. 93-4 was duly and regularly passed and adopted by the said City Council at a regular meeting hereof held on February 2, 1993 . City Clerk City Rancho Palos Verdes k Y- Resol,utlon No. 93- 4 Page 2 of 3 .A • w' f l.{ EXHIBIT "A" Amendment No. 1 to Tract Map No. 33034 is approved subject to the following conditions: 140 The Palos Verdes Panorama Homeowners' Ass_ ociation (PVP 1OA) shall prepare and submit a grant deed in a form acceptable to the City Attorney for that portion of land referred to as the - Pt. Vicente Trail. 2 . Resolution No. 77-58 shall be amended as follows: 27. The developer shall post a cash deposit or bond or a combination thereof in an amount sufficient to cover the cost of improvement of the emergency vehicle access and public -pedestrian access easements. said improvements shall include appropriate surface treatment, low-level lighting, and landscaping. The decision of the extent of said improvements shall be subject to approval of the Director of Planning. The maintenance of said access improvements, except for the pedestrian easement (Pt. Vicente Trail) shall be the responsibility of the Homeowners Association. Upon recordation of a grant deed in a form acceptable to the City Attorney, ownership- of the underlying fee of the Pt. Vicente Trail easement, including the path and stairs, shall be transferred to the City. At that time, the City will incur all maintenance and ownership responsibilities f-or the path and stairs. All bond monies and/or cash deposits shah be released and/or refunded to developer if not utilized for said purpose within five (5) years from the date of recording the final tract map. • w • • f Resolution No, 93- 4 Page 3 of 3 w317041 RESOLUTION NO. 93-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AMENDMENT NO, 1 TO TRACT NO, 33034 WHEREAS, an application was filed on August 7, 1992, by Jon Cartwright representing the Palos Verdes Panorama Homeowners Association, requesting an amendment to Tract No. 33034 to transfer the ownership and underlying fee of the Pt. Vicente Trail to the City; and WHEREAS, after notice issued pursuant to the provisions of Chapter 16. 32 of the City's Development Code, public hearings were held on November 4 and December 15, 1992, at which time all interested parties were given an opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the tract amendment request is a result of circumstances which make the "easement to the City of Rancho Palos Verdes for access purposes" designation adjacent to Lot 11 of recorded map No. 33034 no longer appropriate. Section 2: That the tract amendment request does not impose any additional burden on the present fee owner of the property (the Palos Verdes Panorama Homeowners Association . Section 3 : That since no changes to the recorded map will be , necessary as the Pt. Vicente Trail easement has already been dedicated to the City on the map, the tract amendment does not alter any substantial right, title or interest in real property reflected on the recorded map. Section 4: That the reduction in the amount of common open space resulting from the transfer of ownership of the Pt. Vicente Trail is insignificant in that the total amount of common open space will still exceed the 30% minimum requirement in a Residential Planned Development by approximately 25%. Section 5: For the foregoing reasons and based on the information and findings contained in the staff report, as well as public testimony at the public hearing, the City Council of the City of Rancho Palos Verdes hereby approves Amendment No. 1 to Tract Map No. 33034 to allow the transfer of the fee ownership - underlying the Pt. Vicente Trail easement adjacent to Lot 11 to the City subject to the attached conditions marked as Exhibit "A" . PASSED, APPROVED, and ADOPTED on February 2, 1993 . Malvor ATTEST: City Clerk I State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I JO PURCELL, City Clerk of the City of Rancho palos Verdes, hereby certify that the above Resolution No. 93-4 was duly and regularly passed and adopted by the said City Council at a regular meeting hereof held on February 2, 1993 . City Clerk City Rancho Palos Verdes Resolution No, 93-4 Page 2 of 3 EXHIBIT "A" Amendment No. 1 to Tract Map No. 33034 is approved subject to the following conditions: 1. The Palos Verdes Panorama Homeowners' Association (PVPHOA) shall prepare and submit a grant deed in a form acceptable to the City Attorney for that portion of land referred to as the Pt. Vicente Trail. 2 . Resolution No. 77-58 shall be amended as follows: 27 . The developer shall post a cash deposit or bond or a combination thereof in an amount sufficient to cover the cost of improvement of the emergency vehicle access and public pedestrian access easements. Said improvements shall include appropriate surface treatment, low-level lighting, and landscaping. The decision of the extent of said improvements shall be subject to approval of the Director of Planning. The maintenance of said access improvements, except for the pedestrian easement (Pt. Vicente Trail) shall be the responsibility of the Homeowners Association. Upon recordation of a grant deed in a form acceptable to the City Attorney, ownership of the underlying fee of the Pt. Vicente Trail easement, including the path and stairs, shall be transferred to the City. At that time, the City will incur all maintenance and ownership responsibilities for the path and stairs. All bond monies and/or cash deposits shall be released and/or refunded to developer if not utilized for said purpose within five (5) years from the date of recording the final tract map. Resolution No. 93- 4 Page 3 of 3