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Res 08-008 RESOLUTION NO 08-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE EXPANSION OF POWAY LANDSCAPE MAINTENANCE DISTRICT 86-1 WITH THE ANNEXATION OF APN 275-260-3000 WITH WRITTEN CONSENT OF THE PROPERTY OWNER DAVID M. RICKEY AS DESCRIBED WITHIN EXHIBIT "A" ATTACHED HERETO WHEREAS, the City Council of the City of Poway desires to expand Poway Landscape Maintenance District 86-1 as shown in Exhibit "A" of the Consent to Annexation, attached hereto, for the purposes of maintaining, servicing, and operating said District pursuant to the California Streets and Highway Code, Landscape and Lighting Act of 1972, and its codicils, and WHEREAS, the record owners of all the real property within said expansion area have given written consent to the annexation into Poway Landscape Maintenance District 86-1 as shown in Exhibit "A" pursuant to California Streets and Highway Code, Section 22608, and WHEREAS, the public interest and convenience require the maintenance, service, and operation of public landscape and lighting facilities within said territory NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows. Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines. Section 2. All of that certain territory shown in Exhibit "A" of the Consent to Annexation, attached hereto, is hereby added by annexation into Poway Landscape Maintenance District 86-1 Section 3. The City Clerk is hereby directed to cause a certified copy of the Resolution to be recorded in the Office of the Recorder of San Diego County , " MICKEY CAFAGNA, Mayor CITY OF POWAY MERRILEE BOYACK, Deputy Mayor BOB EMERY, Councilmember DON HIGGINSON, Council member BErry REXFORD, Cuuncilmember CONSENT TO ANNEXATION FOR THE INCLUSION OF PROPERTY INTO CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT 86-1 WHEREAS, the undersigned constitute(s) 100 percent ownership [or has legal signature authority representing 100 percent ownership] of the properties shown in Exhibit A, attached hereto, and generally described as County Assessor Parcel No. 275-260-3000, legally described on Attachment 1 and any/all subsequent parcels created by any subdivision of said parcel; and WHEREAS, the aforementioned property was developed by subdivision and will receive special benefit from City- [District] maintained adjacent landscaping; and WHEREAS, the property is proposed to be added to Landscape Maintenance District 86-1 at $243 04 annual assessment; and WHEREAS, the undersigned owner(s) do hereby consent to annexation into Landscape Maintenance District 86-1, pursuant to the California Streets and Highways Code Section 22608; and WHEREAS, the undersigned owner(s) consent to assessments levied under the assessment formulas as written within the yearly Landscape Maintenance District 86-1 Engineer's Reports, and hereby acknowledges receipt of the street lighting benefits to said property PURSUANT to Section 22608.2 of the Streets and Highways Code of the State of California, these properties will be included within the required Engineer's Report. The signing of this Consent to Annexation precludes any and all notice and hearing requirements for the first year's report. EXECUTED ON ~Jov 2 q ,2007, ) at ') )() 1\) 0)12 &0 , California. IJVlD m. f<) cl< Property Owner (printed name Property Owner (printed name) Property Owner Signatu e Property Owner Signature APpr~ as to ~: ~ t,\.,] u. Ck'J.-tv\ Lisa Foster, City Attorney Rod Gould, City Manager City Hall Located at 13325 Civic Center Drive Mailing Address: POBox 789, Poway, California 92074-0789 . (858) 668-4400 fii1_c~ri!lil::)i'i-')" iic,:vri[':' "a~i;.1 EXHIBIT A "--~~------ I I I Lake Powa Rd 275-260-3000 , I I --~---- ---~-- I ?1 ATTACHMENT 1 Legal Description APN: 275-260-3000 Lot 15 of City of Poway Tract No , 85-03, in the City of Poway, County of San Diego, State of California, according to Map thereof No 12331, filed in the Office of the County Recorder of San Diego County, California, on March 7, 1989 Resolution No. 08-008 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 4th day of March 2008 / ATTEST STATE OF CALIFORNIA) )SS COUNTY OF SAN DIEGO) I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No 08-008 was duly adopted by the City Council at a meeting of said City Council held on the 4th day of March 2008, and that it was so adopted by the following vote AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT NONE DISQUALIFIED' NONE (7J"~~ City of Poway