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Res 18-064RESOLUTION NO. 18-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE PURCHASE OF REAL PROPERTY LOCATED SOUTH OF MONTE VISTA 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, Caryl Walti and Natalie Day ("Owners") are the Owners of a vacant parcel located south of Monte Vista Road, in the City of Poway, identified by Assessor's Parcel Number 314-370-04-00, 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, Owners offered the Property to the City for sale for open space purposes; WHEREAS, in August 2018, a letter of intent to purchase the Property was signed by the City and Owners; WHEREAS, on August 25, 2018, Owners agreed to sell the Property to the City for the 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 fair market value and take other actions necessary in connection therewith. Resolution No. 18-064 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, California, at a regular meeting this 2nd day of October 2018. Steve Vaus, Mayor ATTEST: Nanc 'ufelO, 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. 18-064 was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of October 2018, and that it was so adopted by the following vote: AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE yw�� Nanby Wfiferd, CMC, City Clerk City of Poway EXHIBIT "A" (LEGAL DESCRIPTION OF PROPERTY) APN 314-370-04-00 PARCEL 1: Resolution No. 18-064 Page 3 LOT 1, BEING THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS FOR ROAD AND UTILITY PURPOSES OVER A 60 FOOT STRIP OF LAND LYING WITHIN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 13 SOUTH, RANGE 2 WEST AS DESCRIBED AND RESERVED IN A GRANT DEED DATED AUGUST 31, 1955, FROM HOMER WILLIAMS AND ELIZABETH N. WILLIAM TO WILLIAM WRIGHT WALKER AND LORETTA ARLENE WALKER AND RECORDED ON SEPTEMBER 12, 1955 AS DOCUMENT NO. 118779 IN BOOK 5787, PAGE 363 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION WITHIN MONTE VISTA ROAD AS DEDICATED TO AND ACCEPTED BY THE CITY OF POWAY ON CITY OF POWAY TRACT NO. 84-10, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11388, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1985.