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Res 18-062RESOLUTION NO. 18-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED SOUTH OF TOOTHROCK ROAD IN ACCORDANCE WITH ANY APPLICABLE PROVISIONS OF THE POWAY MUNICIPAL CODE AND STATE LAW AND AUTHORIZING THE CITY MANAGER TO APPROVE DOCUMENTS AND TAKE OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, Hidden Valley Partners ("Owner') is the owner of two vacant parcels located south of Toothrock Road, in the City of Poway, identified by Assessor's Parcel Numbers 321-100- 22-00 and 321-100-24-00, and as more particularly described in the attached Exhibit "A" ("Property'); WHEREAS, the City of Poway ("City') desires to purchase vacant parcels for habitat preservation and open space pursuant to the goals and objectives of the Poway Subarea Habitat Conservation Plan; WHEREAS, Owner offered the Property to the City for sale for open space purposes; WHEREAS, in January 2018, a letter of intent to purchase the Property was signed by the City and Owner; WHEREAS, on March 21, 2018, an appraisal of the Property was completed; WHEREAS, on May 30, 2018, Owner agreed to sell the Property to the City forthe appraised fair market value; WHEREAS, the purchase of this Property would result in significant public benefits by preserving open space and sensitive habitat; and WHEREAS, the City's Habitat Mitigation In -Lieu Fee Fund will be used to purchase the Property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The Property will meet a City goal and Poway Subarea Habitat Conservation Plan objective of acquiring open space for habitat preservation; Section 2: The City Manager is authorized to purchase the Property in accordance with any applicable provisions of the Poway Municipal Code and State Law, for an amount not to exceed the appraised fair market value as determined by the appraisal obtained by the City and take other actions necessary in connection therewith. Resolution No. 18-062 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 21st day of August 2018. Steve Vaus, Mayor ATTEST: a c euf'�Id, CMC,City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO ) I, Nancy Neufeld, City Clerk of the City of Poway, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 18-062 was duly adopted by the City Council at a meeting of said City Council held on the 21st day of August 2018, and that it was so adopted by the following vote: AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE YML�� Nancy Ppufdld, MC, City Clerk City of Poway Resolution No. 18-062 Page 3 EXHIBIT "A" (LEGAL DESCRIPTION OF PROPERTY) ASSESSOR'S PARCEL NUMBER: 321-100-22-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ASSESSOR'S PARCEL NUMBER: 321-100-24-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY.