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Res 07-015 .- , . -~-. ., ", . .t,,})CJC#, 20C.'{-01'11031 16248 I :1l!1111 iil [!I!I 11/11 11111 11/1111111 1111111111 11111 11111 111111111 1111 RECORDING REQUESTED BY ) FEB 16, 2007 4 39 PM ) , I-IFFICI"-',L_ F:[CuF'~[I'- CITY'OF POWAY) ~;I. '::.E'.;'-' "'_"_lilT. F,[C'-,F:uEFI"_. (1Fi'!,:t I.-:~-~Ltl Ih",' I -,....11Th I-U1Jl-n I f=iEI-IIF-ilIF~: ) . r::_~ =, II Uti WHEN RECORDED MAIL TO' ) -~ "'"",, CITY CLERK ~ ~f iillli!ll!11 lIillUlli!lll! 11111 11111 1IIIiIIIIIIIIII 11111 1111111111 III/ 111/11111 CITYOFPOWAY )~.\ 2007-011103 POBOX 789 ) \()Jv 1 POWAY CA 92074 ) ) ) (This space for Recorder's Use Only) APN 277-140-11 & 277-140-12 Res()lution No 07-015 (No documentary transfer tax due) 0+-0 Lp t:rTY OF POWA' '~ MICKE'y CAFAGNA. M'ym MERRILEE BOYACK, D,'put)' Maynr BOB EMERY, C\)uncilmemhcr DON HIGGINSON, Coullcilmemher BETIY REXFORD, L(II111Cilmt.:mht'1 STATE OF CALIFORNIA ) 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 07-015 as adopted by the City Council of Poway, California on February 6,2007 ~,b~ City Clerk City Hall L"cated at 13325 Civic Center Drive Mailing Address: POBox 789, P"way, Caliiornia 92074-0789 . (858) 668-4400 @ PI imeJ Uri HecYL:i\;(i h:tPCi . . 16250 RESOLUTION NO 07-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE EXPANSION OF POWAY LANDSCAPE MAINTENANCE DISTRICT 86-1 AND POWAY LIGHTING DISTRICT, ZONEA WITH THE ANNEXATION OF APNs 277-1.40-11 AND 277-140-12 WITH WRITTEN CONSENT OF THE PROPERTY OWNERS. ANTHONY AND PATRICIA GARCZYNSKI 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 and Poway Lighting District, Zone A as shown in Exhibit"A:' of the ConsenttoAnnexation, attached hereto, for the purposes of maintaining, servicing, and operating said Disti'ictspursuant 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 tothe.annexation into PowayLandscape Maintenance District 86-1 and Poway Lighting District, Zone A 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, BElT RESOLVED by tl;]e City Council of the City of Powayas follows. Section 1. The foregoir:1g 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, i~ h"ereby added by annexation into Poway Landscape Maintenance District 86-1 and Poway Lighting District,Zone A. Section 3. The City Clerk is hereby difected to cause a certified copy of the Resolution tobe recorded irithe Office of the Recorder"of San Diego County . . 16251. Resolution No 07-015' Page 2 PASSED, ADOPTED A~DA:PPROVED by the City Council of the City of Po way at a re-gular meeting this 6th day of FebrLiary, 2007 ATTEST 4;~)n~~ L. . lane Shea, City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF ,SAN DIEGO ) I, L. Diane Shea, City.Cle~kbfthe City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No 07,015' was duly adopted by the City, Council at a meeting of said City Council on the 6th. day of February 2007, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, CAFAGNA NOES NONE ABSENT BOYACK: REXFORD DISQUALIFIED' NONE 2b~ City.ofPoway t:rTY . OF POWAY MICKEY CAFA:GNA, Maym BETT\ REXFURLl, Dep"ty M'yer IvtERRILEEBO)'ACK, C(llmcilmerriner BOB EMERY, Councilmelllher OON. HIGGINSON. LOUI1..::ilmt'rnher CONSENT TO ANNEXATION FOR THE INCLUSION OF PROPERTY INTO CITY OF POWAY LANDSCAPE MJl:INJENAN~E DISTRICT 861 AND CITY OF'POWA Y CITY LIGHTING DISTRICT, ZONE A WHEREAS, the undersigned constitute(s) 100 percent,ownership [or has legal: signature authority representing 100 percenJo,wnership] of thepropertY!ihown in Exhibit A, attachedheretoi and generally described as County ~ss,essor Parcel Nos: 277-140c11 and 277-140-12, legally described on Attachment 1 and any/alJ..subsequent parcels treated by any subdivision of said parcel; and WHEREAS, the aforemen!ioned property was develop.ed bysubdivision, and will receive special benefitfrom City" [DistricH maintained landscaping arid City (District) maintained adjacent vicinity streetlighting; and WHEREA$, the property is proposed to be removed from Lighting DistricfZone B at an annuaLassessment.of $3.75.and added to Lighting District ZoneAat an annual assessment of $15.00 for an increased annual assessment of $11.25, and WHEREAS, the undersigned owner(s) do hereby consent to annexation into Poway Landscape Maintenance DistriCt 86"1, pursuant to the California Streets and Highways Code Section.22608; and WHEREAS, theundersignedowner(s).consenHo assessments levied under the assessment __ , . _ ,,_. .. . .~~,._, ,.. , , ._ c __'. .. .',' " .' . " formulas as written within the yearlyLMID 86"1 Engineer's Reports, and hereby acknowledges receipt of the landscaping benefits to said property PURSUANT to $ection22l?08.2:Qf the$treeJs and High~aysCode ofthe State of California, these properties will be included within theirequirlOld Enginee(s Report. The signing.ofthis Consent to Annexation precludes any and alLnotice.and hearing requirements for the first year's report. EXECUTED ON APlJ_1 L :1,5 ,2006, at POvJ'A ,California. (]~ Prope (printed nillne) PrripertYOwner (printe me) ;iAJrdNJ'I G1~Jt.9d /1f:71et4A L. g /t-rUv-t t--k;/:: ( Property Owner (printed name) Property Owner (printed name) Approved. as to form: City'ofPoway CITY ATTORNEY ~ ~~ ~u.,Q . ".. City Hall Located at 13325 CiviC Center Drive Mailing Address: PO Box 789, Po way, California 92074-0789 . (858) 668-4400 ~ Printed on Recycled Paper e(' ec 16253 OESCRIPTION Page 1 ATTACHMENT!. Policy No. 58014245 P02 PARCEL 1 THAT PORTION OF THE NORTHWEST QUARTER OF ~ECT~ON 30, TOWNSHIP 13 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION. 30.; THENCE ALONG THE NORTH LINE THEREOF' NORTH 890 37' 50" EAST ,. - 1307 35 FEET TO THE NORTHEAST CORNER OF SAlb'N~RTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE EAST. LINE THEREOF AND THE EJ).ST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION .30, SOUTH 00 11' 28" EAST 553 88 FEET TO THE TRUE POINT OF BE9INNING; THENCE CONTINUING SOUTH 00 11' 28" EAST 80S so 'FEET; .THENCE SOUTH 500 37' 20" WEST 484 92 FEET TO A POINT IN THE ARC OF A 1030 00 FOOT RADIUS CURVE,CONCAVE SOUTHWESTERLY IN THE NORTHEASTERLY BOUNDARY OF THAT CERTAIN 60 00 FOOT COUNTY ROAD KNOWN AS ESPOLA ROAD,AL_SO KNOWN AS ROAD SURVEY NO 335, A RADIAL OF WHICH BEARS NORTH, 360 34" 57" EAST ,"0 SAID POINT; THENCE NORTHWESTERLY ALONG SAID CURVE ,AND ~ONG SAID NORTHEASTERLY BOUNDARY OF SAID COUNTY ROAD A DISTANCE OF 60 01 .FEET THROUGH A CENTRAL ANGLE OF 30 20' 17" TO THE SOUTHEAST CORNER .OF LAND DESCRIBED IN DEED TO PACIFIC IRON AND: STEEL COMPANY, A CORPORATION, RECORDED JUNE 21, 1966 AS FILENO 101281 OF'OFFICIAL RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID LAND AS FOLLOWS: 'LEAVING SAID NORTHEASTERLY BOUNDARY" NORTH 11 0 02' SO" El).ST 341 01 FEET; THENCE NORTH 260 12' SO" EAST 143 49 FEET; THENCE NORTH 120 23' 40" WEST 134 340 FEET; THENCE NORTH 240 13' 00" WEST 403.84 FEET; THENCE NORTH 640 07' 50" EAST 263 65 FEET; THENCE NORTH 890 48' 32" EAST 250 00 FEET TO THE POINT OF BEGINNING PARCEL 2 AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND FOR ROAD PURPOSES, AND FOR THE INSTALLATION, OPERATION, MAINTENANCE AND REPLACEMENT OF WATER, SEWER, TELEPHONE, GAS! POWER AND OTHER UTILITY LINES AND APPURTENANCES IN, ON" UNDER, OVER AND ACROSS A STRIP OF LAND 20 FEET IN WIDTH, THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID 20 FOOT STRIP BEING DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 1 ABOVE; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF A 1030 'FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, IN THE NORTHEASTERLY LINE OF SAID 60 FOOT 'COUNTY ROAD, 479.82 fEET THROUGH .AN ANGLE OF 260 41' 28" AND TANGENT TO SAID CURVE. NORTH 830 26' 48" :WEST '1468 37 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 30 THE EASEM~NTHEREIN DESCRIBED IS HEREBY DECLARED TO BE APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF PARCEL 1 ABOVE PARCEL 3 AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND FOR ROAD PURPOSES AND FOR THE INSTALLATION, OPERATION, MAINTENANCE AND REPLACEMENT OF WATER, SEWER, TELEPHONE, GAS, POWER AND OTHER UTILITY LINES AND APPURTENANCES IN, ON~; UNDER, OVER, AND ACROSS A STRI,P OF LAND 20 00 FEET IN WIDTH, THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID 20 00 FOOT STRIP BEING DESCRIBED AS FOLLOWS BEGINNING AT THE MOST SOUTHERLY CORNER OF PARCEL 1 ABOVE; THENCE SOUTHEASTERLY ALONG DEi:>CPOL-02/26/S2.lrc .( .c 16254 DESCRIPTION Page 2 ATTACHMENT 1 Policy No. 580142.45 P02 THE ARC OF A 1030 00 FOOT RADIUS CURVE, CONCAVE ,SOUTHWESTERLY IN THE. NORTHEASTERLY LINE OF SAID 60 FOOT COUNTY" ROAD, 729 51 FEET THROUGH AN ANGLE OF 280 46' 4811 THE EASEMENT HEREIN DESCRIBED IS HEREBY DECLARED TO 'BE APPURTENANT TO AND FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PORTION OF PARCBL 1 ABOVE OESCPOL-02j26j92-lrc ct. . . 16255 EXHIBIT A Portion of the northwest quarter of Section 1 ~ 30, Township 13 South, Range 1 West, San , Bernardino meridian, in the City of Poway, County of San Diego, State of California described in Attachment 1; also known as: -"...., ~ ~ . ~<>"'~., .0:.."",.. .. APN's. 277-140-11 and 277-140-12. , " ! , I , ~"""",.. (WVt. , , VICINITY MAP , HOT'OV.o.I.( , Boundary of LMD 86~ 1 - J't--""'" c.sp(;C,r'~