Res 04-024
RESOLUTION NO. 04-024
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ORDERING THE EXPANSION OF POWAY
LANDSCAPE MAINTENANCE DISTRICT 87-1
AND CITY OF POWAY CITY LIGHTING DISTRICT, ZONES A AND C
WITH THE ANNEXATION OF APN 317-280-67-00
WITH WRITTEN CONSENT OF PROPERTY OWNER
HOME DEPOT U.S.A., INC.
AS DESCRIBED WITHIN EXHIBITS A AND B
ATTACHED HEREIN
WHEREAS, the City Council of the City of Poway desires to expand Poway
Landscape Maintenance District 87-1 as shown in Exhibits A and B of the Consent to
Annexation, attached hereto, for the purposes of maintaining, servicing, and operating
said District pursuant to the Landscape and Lighting Act of 1972, and its codicils; and
WHEREAS, the record owner of all the real property within said expansion area has
given written consent to the annexation into Poway Landscape Maintenance District 87-1
and Lighting District Zones A and C as shown in Exhibit "2" pursuant to California Streets
and Highway Code, Section 22608.1; and
WHEREAS, the public interest and convenience require the maintenance, service,
and operation of public landscape facilities within said territory; and
WHEREAS, the City Clerk of the City of Poway is hereby directed to record this
document with the County Recorder of the County of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Poway
does hereby resolve as follows:
1. The foregoing recitals are true and correct, and the City Council so finds and
determines.
2. All of that certain territory shown in Exhibits A and B of the Consent to
Annexation, attached hereto, is hereby added by annexation into Poway
Landscape Maintenance District 87-1 and Lighting District Zones A and C.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a
certified copy of this Resolution to be recorded in the Office of the Recorder of San Diego
County.
Resolution 04- 024
Page 2
PASSED, ADOPTED, and APPROVED by the City Council of the City of Poway,
California, at a regular meeting this 20th day of April 20 .
ATTEST:
~~. (L~
ri ~nne Peoples, City rk
STATE OF CALIFORNIA)
) ss.
COUNTY OF SAN DIEGO)
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify under the
penalty of perjury, that the foregoing Resolution No. 04~24 , was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of April 2004, and that it
was so adopted by the following vote:
AYES: EMERY, GOLDBY, REXFO~D, CAFAGNA
NOES: NONE
ABSTAIN: NONE
ABSENT: HIGGINSON
EXHIBIT "A"
HOME DEPOT PARCEL
Page 1 0£2
A PORTION OF PARCEL "A" PER THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED SEPTEMBER 20, 1996 FILED AS INSTRUMENT NO,
1996.0480626, OF OFFICIAL RECORDS, AS SHOWN ON RECORD OF SURVEY
NO. 15273, Fll..ED IN 11iE OFFICE OF THE SAN DŒGO COUNTY RECORDER
AUGUST 9, 1996, LOCATED IN THE CITY OF POW A Y, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, MORJ:.PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGJNNING AT 11iE SOUTHEAST COJU./BR, OF SECTION 24, TOWNSHIP 14
SOUTH, RANGE 2 WES'! OF THE SAN BEJU./AJUJINO BASE AND MERIDIAN,
AS SHOWN ON SAID RECORD OF SURVEY, THENCE ALONG THE
SOUTHERLY BOUNDARY THEREOF, NORTH 87'21'41" WEST 6.01 FEET
(NORTH 87'21'18" WEST 6.01 FEET RECORD); THBNCELEAVINO SAID
SOtITHBRl.Y BOUNDARY. NORTH 00'28'26" WEST 32.55 FEET (NORTH
00.28'46" WEST 32.55 FEET RECORD) TO THE NORTH RJGHT-OF-WA Y OF
KIRKHAM WAY, DEDICATED PER PARCEL MAP NO. 17607. PILED IN THE
OFFrCE OF THB SAN DIEGO COUNTY RBCORDER OCTOBER 20, 1995; THENCE
ALONG SAID NOR1HRJGflT-OF-WAY, NOR'!H 87"21'41" WEST 653,75 FEET
(NORTH 87"21'18" WEST 653-83 FEET RJ:.CORD) TO THE SOUTIIliAST COJU./ER
OF PARCEL I OF SAID PARCBI. MAP: THENCE ALONG THB EASTERLY
BOUNDARY THE1U!OF, NORTH 02""9'0 I" BAST 385.07 FBET (NORTH 02"38'42'
EAST 385,00 FEET RECORD) TO TIŒ NORTHEAST CORNER OF SAID P ARCEt
AND '!HE TRUB POINT OF BEGINNING: nŒNCE ALONG THE NORTHERLY
BOUNDARYTHBREOF, NORTH 87"22'13" WEST 514.44 FEET (NOIUH 87"21'18"
WEST RJ:.CORD); THENCE LEAVING SAID NORTH BOUNDARY, NORTH
00"01'29" WEST 228.14 FEET; THENCE NORTH 61"I4'~2' WEST 9\.09 FEET;
THENCE NORTH 76"18'37" WEST 6] ,35 FEET; THENCE SOUTH 89"55'36" WEST
35.08 FEET TO THE BAST RJGHT-Of-WAY OF TECH CENTl!R DRIVE,
DEDICATED PBR DOCUME.N1 RJ:.CORDED MARCH 22, 1993 AS INSTRUMENT
NO- 1993-0174230, OF OFFICIAL RECORDS: THENCE ALONG SAID EAST
RIGHT.Of.WAY, NORTH 00"08'06" WEST 514,67FE£T (NORTHOO.OS'03n WBST
RECORD) TO THE BEGINNING OF A CURVE, CONCAVE SOU1HBASTERL Y,
HAVING A RADIUS OF 34,50 FEET; THENCE ALONG SAID EAST RIGHT -OF-
WAY. NORTHEASTERJ..Y ALONG SAlD CURVE 52.16 FEET THROUGH A
CENTRAl, ANGLE OF 86"37'30" (52,16 FMT 86'37'17" RECORD) TO THE SOUTH
RIGHT-oF.WAY OF SCRIPPS POWAY PAJt.KWAY. DEDICATED PER.
DOCUMENT RECORDED AUGUST 25, 1993 AS INSTRUMENT NO. 1993-05~41 87,
OF OFF1CIAL RECORDS; THENCE ALONG SAlD SOUTH RIGHT-OF-WAY THE
fOLLOWING COURSES: NORTH 86'29'24" EAST 84.33 FEET (NORTH 86"29'14"
EAST 84,33 FEET RECORD) TO THE BEGINNING OF A CURVE, CONCA VB
SOUTHBRL Y, HA VTNG A RADIUS OF 299,50 FEET, EASTBRL Y ALONG SAID
EXHIBIT "An
HOME DEPOT PARCEL
Page 2 of2
CURVE 30.64 FEET THROUGH A CENTRAL ANGLE OF 5.S I '45" (30.64 FEET
5'5['45" RECORD) AND SOUTH 87'38'51" ¡¡AST 555,02 FEET (SOUTH 87'39'01"
EAST RECORD); THENCE LEAVING SAJD SOUTH RIGHT -OF- WAY, SOUTH
00'00'38" WEST 842.46 FEET; THENCE NORTH 87'22'1)' WEST 11.84 FBET TO
THE TRUE POINT OF BEGINNING
CONTAINS 542,195 SQUARE FEET OR 12.4471 ACRES OF LAND, MORE OR
LESS.
SUBJECT TO ALL EASEMENTS, COVENANTS AND AGREEMENTS OF
RECORD.
AS SHOWN ON PAGE 3, ATTACHED HERETO, AND BY THIS REFERENCE
MADE A PART HEREOF
DATFDTH¡S~DAYOF.~~ ,2003.
æ~:?uRR77L.S 7846
EXP.I2131106
EXHIBIT B
DR 03-13
HOME DEPOT
APN 317-280-67-00
A portion thereof, as described
Within Exhibit A
Vicinity Map
NO SCALE
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L6 2 SB7',Ja'S/"f 555.02'
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BOUNDARY OF LMD 87-1
CITY OF POW A Y
MICKEY CAFAGNA, Mayor
DON HIGGINSON, Depury Mayor
BOB EMERY, Councilmember
JAY GOLDBY, Councilmember
BETTY REXFORD, Councilmember
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )SS.
CITY OF POWAY )
I, Lori Anne Peoples, City Clerk of the City of Poway, California, hereby certify,
under penalty of perjury, that the attached and foregoing is a true and correct copy of
Resolution No. 04-024, approved by the City Council of Poway on April 20, 2004.
~~~~
Lori Anne Peoples, CMC
City Clerk
City Hall Located at 13325 Civic Center Drive
Mailing Address: P,O. Box 789, Poway, California 92074-0789. (858) 748-6600, 695-1400
@ Pnnted on Recycled Pape, FAX 748-1455