Res 06-010
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18896
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1f MAR 16, 2006 454 PM
W RECORDING REQUESTED BY ) uFFICI,.:.:.,L F:ECuF:[I'-,
'".:..JJ [11l~tlCI r-IJUH1, F:ltJ IF:[IEF:" 1-IFf-ICE
l:1r:[l.iOf:j'l ,I ':,r,lI1H I:Olltn, F:ED IF:[IEF:
\lof' CITY OF POWAY ~ FEE _ 11,111-1
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WHEN RECORDED MAIL TO' )
)
CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074 )
)
) (This space for Recorder's Use Only)
.~ " RESOLUTION NO, 06-010
(No documentary transfer tax due)
C1p-.aC)
~ITY POWA' 18897
OF
fvlJCKEY CAFt\CiNA, M,IVlll
BETIY REXFORD, Deruty M<lytlf
MERRILEE BOrACK, Cuuncilmcmlwr
ROR EMERY, Llllll1cillllemher
D()N HIGCiINSLiN, C)ul1cilmernher
I'..,~- STATE OF C/\L!FORNIA )
COUNTY OF SAN DIEGO )SS
CITY OF POWAY )
I, L, Diane Shea, 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 06-010 as adopted by the City Council of Poway, California on March 7,
2006
;{'k~
City Clerk
City H,1l1 Located at lJ125 Civic Center Drive
Mailin~ Address: PO Box 789, Puway, California 92074-0789 . (R18) 668-4400
* Printed on RecycletJ PClper
, . .
18898
RESOLUTION NO 06-010
A RESOLUJ.lGN OFTHE CITY COLJNCIL OF THE CITY OF POWA Y, CALIFORNIA,
ORDERING THE EXPANSION OF POWAY LANDSCAPE MAINTENANCE DISTRICT
86-3B AND POWAY LIGHTING DISTRICT, ZONES A AND C
WITH THE.ANNEXATION OF APN 317-101-53-00
WITH WRITTEN CONSENT OF PROPERTY OWNER AND LESSEE
WHEREAS, the City Council of the City of Poway desires to expand Poway
Landscape Maintenance Di~trict 86-38 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 Landscape and Lighting Act of 1972, and its codicils; and
WHEREAS, the recordown~r of all the real property legally described on ExhibitS
of the Consent to Annexation, attached hereto, within said expansion area has given
written consent to the annexation into Poway Landscape Maintenance District 86-3B and
Lighting District Zones A and C as shown in Exhibit A pursuant to California Streets and
Highway Code, Section 22608, and
WHEREAS, the publicinterest and convenience require the maintenance, service,
and operation of public landscape 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 86-3B and ,Lighting District Zones A and C
Section 3, 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
. 18899 . Resolution No 06-010
Page 2
PASSED, ADOPTED AND APPROVED by the eityCouncil of the City of Poway
at a regular meeting this ih day of March, 2006
ATTEST
~,~.~
L. Diane Shea, City Clerk
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. 06-010 was duly adopted by the City
Council at a meeting of said CityC6uncil held on the ih day of March, 2006, and that it
was so adopted by the following vote.
AYES BOYACK, EMERY, HIGGINSON, CAFAGNA
NOES NONE
ABSENT REXFORD
DISQUALIFIED. NONE
~~Mv~
L. Dia eShea, City Cler
City of Poway
18 ~ 00 . Resolution No 06-010
. Page 3
CITY OF POWAY
MICKEY CAFAGNA, Mayor
DON HIGGINSON, Deputy Mayor
BOB EMERY, Councilmember
JAY GOLD BY, Councilmember
BETrY REXFORD, Councilmember
CONSENT TO ANNEXATION
FOR THE INCLUSION OF PROPERTY INTO
CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT 86-36
AND CITY OF POWAY CITY LIGHTING DISTRICT, ZONES A AND C
WHEREAS, the undersigned constitute(s) 100 percent ownership [or has legal
signature authority representing 100 percent ownership)oftheproperty shown in Exhibit A,
attached hereto, and generally described as County Assessor Parcel No. 317-101-53,
legally described in Exhibit B, attached hereto, and any/all subsequent parcels created by
any subdivision of said parcel; and
WHEREAS, the aforementioned property is proposed to be developed and will
receive special bemefit from City[Districtj-maintained street lighting landscaping: and
WHEREAS, the undersigned owner(s) do hereby cO[1s.ent to annexation into Poway
Landscape Maintenance District 86~3Band the City of Poway City Lighting District, Zones
A and C, pursuant to the California Streets and Highways Code Section 22608; and
WHEREAS, the undersignedowner(s) acknowledge and concur with the balloting of
present property owners within the District that an increase malr occur once during any
fiscal year not to exceed the allowed inaexing based on the San Diego Consumer Price
Index for the previous year; and
WHEREAS, the undersigned owner(s) consent to assessments levied under the
assessmentformulas as written within the yearly LMD 86-3B Engineer's Reports, and
hereby acknowledges receipt of the landscaping and lighting benefits to said property.
PURSLJANT to Section 22608.2 of the Streetsahd Highways Code of the State of
California, these properties will be included within the required Engineer's Report. The
signin9 of this consent to annexation precludes any and all notice and heariflg
requirements for the first year's Report. ,~~
EXECUTED ON M",rt:h 71 ,2006,.'
at Powav , California Rod'Gould, Executive Director
Owner..Poway Rede.vel~CY
~~
,
~P~dORNEY
City of Poway: CITY MANAGER
City.Hall Located at 13325 Civic Center Drive
M~i1ina Arl(h.p.<;:~. 'PO. B.~,:" 7AO P.....,,,...,, r....I;t'............:.... 01tY7A. (,\'7QO,,. 10CO\ t:.CO A ,(('\('\
. . Resolution No 06-010
18901 Page 4
EXHIBIT "A"
VICINITY MAP
NO SCALE ;
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~ PROJECT! I
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POWAY RD ' N
-.---------_._-~~_._----'~-_._.._--------~-_._--_."-_.----~._~-~..-
HILLEA~""~.. PL J L___
//.1")7 ,w RS 910
" ~ /'0.52 I.l
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1
A-S (S3'29"W 20.71
B-R=74 33.11
C-N 46'61~0''tW~7.69
ST D-N ,'53'ag"E 7,87CCALC)
. E-N 88' S9'47'W 8
'0 ': II
,,"!:~ l F- N 1"53' 29'e: 28.68
~ :../ I G-N B8' 59' 4'tW 10
~ SI H R=75 36.92
N89'OO'02"W 411.30 '..... J R=75 46.60
...J K N52'02'OS"E 23.26 _
. I I l R=37.50 26.09
9 Q } ~.' 1.1 N88'06'29"W 6.45 -==
V 0 ; .:.-:'P N N89'OO'02'W 1.00
0.83 AC l53 AC ~ : lI,fY. , P N89'OO'02'W 1.00
---- _..rA1ttO-rQ'""" ""I'O~_ ~ :~, J
,_,_.._____-.APN: _~17-101-53-~pUNDARY OF LMD 86-36
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. 7
, , . . Resolution No 06-010
18902
Page 5
EXHIBIT B
LEGAL DESCRIPTION:
PARCELC
ALL OF THE LAND CONVEYED TQ KS~NETH A LUDDEN PERBOOK 2362 PAGE 64, OFFICIAL
RECORDS, RECORDED FEBRUARY 28, 1947, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
TOGETHER WITH ALL OF THE LAND CONVEYED TO KENNETH A lc.UDDEN ET AL PER DOCUMENT NO.
102837, OFFICIAL RECORDS, RECORDED JUNE 15,1961, SAID COUNTY, SAID STATE; TOGETHER
WITH ALL,OFTHE LAND CONVEYED TO POWAY MUNICIPAL WATER DISTRICT PER DOCUMENT NO.
86033, OFFICIAL RECqRDS RSCORDED,MAY 18,1961, SAID COUNTY, SAID STATE; TOGETHER WITH A
PORTION OF LAND CONVEyED TO JEFFRIES ET AL PER DOCUMENT NO.1 991-0468067, OFFICIAL
RECORDS, RECORDED SEPTEMBER 12,1991, SAID COUNTY, SAID STATE; ALSO BEING A PORTION
OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OFTHE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 14,SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST_CORNER OF_THE SOUTHEAST QUARTER OF THE NORTHWEST - - -
QUARTER OF SAID SECTION; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER NORTH 89000'02" WEST 344:90 FEET TO THE TRUE POINT OF BEGINNING; THENCE
SOUTH 08018'07" \NEST 144.7TFEET, THENCE SOUTH 26003'03" WEST 82.70 FEET, THENCE SOUTH
25?35:':l4"WEST167.66 FEET TO A POINT ON. THE WESTERN PROLONGATION OF THE NORTH LINE
OF LAND CONVEYED TO ERNEST H. PEACOCK ET AL, BY DEED RECORDED SEPTEMBER 2, 1953
IN BOOK 4974 PAGE 78 OF OFFICIALRECORDS,.COUNTYOF SAN DIEGO; THENCE EASTERLY
ALONG THE PROLONGATION Of THE NORTH LINE OF SAID PEAcOCK'S LAND, SOUTH 89000'02"
EAST 2.86 FEET TO THE NORTHWEST CORNER OF SAIQ PEACOCK LAND; THENCE EASTERLY
ALONG THE NORTH LINE OF SAID P~ACOCK LAND NORTH 88tOO'02" WEST 408.44 FEET TO THE
WESTERLY RIGHT OF WAY OF CO,M"1UNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF
WAY NORTH 01'53'32" EAST 106,97 FEET, THENCE SOUTH 89?00'02" EAST 1,00 FEET, THENCE
NORTH 1 053'32" EAST 60.01 FEET, THENCE NORTH 89000'02" EAST 1.00 FEET TO THE WESTERLY
RIGHT OF WAY OF COMMUNITY ROAD; THENCE NORTHERLY ALONG SAID RIGHT OF WAY NORTH
1053'32" EAST 46.43 FEET; THENCE NORTH 89000'21" WEST 112:09 FEET, THENCE NORTH 01053'31"
EAST 104.51 FEET, THENCE ~OUIH,88'06'29" EAST 6.45 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE TO THE NORTI;lWEST, HAVING A RADIUS OF37.50 FEET, THENCE ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 39051 '23" AN ARC DISTANCE OF 26,09 FEET; THENCE
NORTH 52002'08" EAST 23.26 FEET TOA POINT ON THE SOUTHERLY RIGHT OF WAY OF HILLEARY
PLACE AS DESCRIBED IN EASErvtEllTfOR RIGHT OF WAY AND II-lCIDENTS FOR A PUBLIC
STREET, DOC, 1992-0093381, O.R,; R[:CORDED FEBRUARY21, 1992, SAID POINT IS ALSO THE
BEGINNING OF A NONTANGENT CU!<V~'CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
75.00 FEET AND A RADIAL TO SA!!? POINT BEARS SOUTH 37034'04" WEST; THENCE
NORTHWESTERLY, SOUTHW1=STERLY AND NORTHERLY ALONG' SAID SOUTHERLY RIGHT OF
WAYTHE FOLLOWING TIjREE C;OUR~ES:THROUGH A CENTRALANGLE:OF 28012'08" 'AN ARC
DISTANCE OF 36:92 F,EET TO APOINTON THE,NORTH L1NEClFSAID SOUTHEAST QUARTER, SAID
POINT IS ALSO THE BEGINNING OF ANONTANGENTCURVE CONCAVE TO THE SOUTHEAST,
HAVING A RADIUS OF 74.00 FEET AND A RADIAL TO SAID POINT BEARS NORTH 20057'53" WEST,
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGHACENTRAL ANGLE OF 25037'29" AN
ARC DISTANCE OF33..10 FEET; THENCE NORTH 01'53'31"EAST 20,68 FEET TO A POINT ON THE
>. . .
NORTH L1NE.OFSAID SOUTHEAST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF
SAID SOUTHEAST QUARTER NORTH 89000'oi' WEST 179,88 FEET TO THE TRUE POINT OF
BEGINNING,
THE AREA OF PARCEL C EQUALS 109,353 SQ,FT., WHICH IS EQUIVALENT TO 2,510 ACRES, MORE OR
LESS,
THE BASIS OF BEARINGS FOR THIS DESCRIPTION ISBASED Ol:'lTHE NORTH LINE OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH,
RANGE 2WEST, SAN BERNADINO MERIDIAN PER MAP NO, 9997 WHICH BEARS NORTH 89000'02"
WEST
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1 HE OFiIGIf\JAL OF THIS DOClJMENT
W/1:?, RECORDED Q:'J MAR 16, 2006
OOCUI\.1EN r NUMBER 20U6-01 b3\3S0
urlEGOF,Y,) .':iMITH, COUl'rr'(RECOfiDER
RECORDING REQUESTED BY ) SAN DIEGO COUNTY RECORDER'S OFFJCE
) TIME. 4:5<'1 PM
CITY OF POWAY )
)
WHEN RECORDED MAIL TO' )
)
CITY CLERK )
CITY OF POWAY )
POBOX 789 )
POWAY CA 92074 ) ---
) -- . - -(This 1 Confi~med_CI)PY_ - - 'le'Gnly)--
- -) -
RESOLUTION NO. 06-010
(No documentary transfer tax due)
,.
1'\,..., rDC\