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Res 07-073 ~ , . I !11IJ/IIllijll~lllIllIlijl(~lllm "ijl~I?IIII"~1111I11I1 , . - . , , SEP 17. 2007 11'39 AM RECORDING REQUESTED BY ) ~~ OFFICI.c.:..L F:EI-,UF,[I'_, _,..:~Jj [1!EC1IJ CiJlyn', FiECOR[It:r::"-, rlFFICE 1_1F:rC.UFi'1 .,'~;r...;ITH. counT'1 REuIF:[IEF.: CITY OF POWAY i ~ fEE'; nun PAGES: S ) WHEN RECORDED MAILTO' ) I COr') 111111111111111111111111111111111111111111111111111111111111111111111111 III! III! ) CITY CLERK ) 200.7 -0608465 CITY OF POWAY ) POBOX 789 ) POWA Y CA 92074 . ) 4477 ; (This space for Recorder's Use Only) Resolution No 07-073 (No documentary transfer tax due) O+--oql ttrTY OF POWA' 4478 ( MICKEY CAFAGNA, Mol'''' MERRILEE BOYACK, Deputy May"" BOB EMERY, C)llncilmemhn 001\1 HlliClNSON, Cnuncilmemhcr BElTY REXFORD, C()uncilm<:mber STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) I, Sherrie D Worrell, Deputy City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No 07-073 was duly adopted by the City Council at a meeting of said City Council on the 4th day of September 2007, and that it was so adopted by the following vote AYES BOYACK, HIGGINSON, CAFAGNA NOES NONE ABSENT EMERY,REXFORD DISQUALIFIED' NONE ~UU_q ~ S erne 0 Worrell, Deputy City Clerk, City of Poway City Hall Located at 13125 Civic Centet Drive Mailing Address: PO Box 789, Puway, Celitornia 92074-0789 . (858) 668-4400 @ Prlnteo 011 Rp.Gycied Pdper . . RESOLUTION NO 07C073 4479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE EXPANSION OF POWAY LIGHTING DISTRICT, ZONE A WITH THE ANNEXATION OF APN 317-490"2E)00 WITH WRITTEN CONSENT OF THE PROPERTY OWNERS, GEORGE D & ELIZABETH B HELLER AS DESCRIBED WITHIN EXHIBIT "A" ATTACHED HERETO WHEREAS, the City Council of the City of Poway desires to expand Poway Lighting District, Zone A 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 owner of all the real property within said expansion area has given written consent to the annexation into Poway LightingDistrict, 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 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 detennines. 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 Lighting District, Zone A. 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 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 4th day of September 2007 ATTEST. ~~fl'<~ L. DI ne Shea, City Clerk . . " Resolution No. 07-073 Page 2 4480 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 07-073 was duly adopted by the City Council at a meeting of said City Council held on the 4th day of September 2007, and that it was so adopted by the following vote. AYES. BOYACK, HIGGINSON, CAFAGNA NOES NONE ABSENT EMERY, REXFORD DISQUALIFIED. NONE ~~~.~ L. Diane Shea, City Clerk City of Poway ., . Resolution No 07-073 CrTY OF POWAY Page 3 MICKEY CAFAGNA, Mayo< MERRILEE BOYACK, Deputy Mayor 4481 BOB:EMERY, Councilmember DON HIGGlNSON, Councilmembet BETTY REXFORD, Councilmember CONSENT TO ANNEXATION FOR THE INCLUSION OF PROPERTIES INTO CITY OF POWAY LIGHTING DISTRICT, ZONE A 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 317-490-2600, 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 vicinity street lighting; and WHEREAS, the property'isproposed to be removed from Lighting District Zone B at an annual assessment of $3.75 and added to Lighting District Zone A at $15.00 annual assessment, for an increased annual assessment of $11.25; and WHEREAS, the undersigned owner(s) do hereby consent to annexation into Poway Lighting District Zone A, pursuant to the California Streets and Highways Code Section 22608; and WH!=REA$;the undersigned owner(s) consent to assessments levied under'the . ,. , assessment formulas as Written within the yearly Poway Lighting District Engineer's Reports, and hereby acknoWledges receipt of the street lighting benefits to said property PURSUANT to Section 22608.2 of the Streets ai1d Highways Code of the State of California, these properties will be included within the reqlJired E er's Repo The signing of this Consent to Annexation precludes any and Inti and h a i requirements for the first year's report. 1/ ----- EXECUTED ON I VVt JL c2~ ,2007, J I , at , California. ;;/;zabcll.. fJ./,t//l(' Property Owner (printed name) ~~~ Prop' . Owner Signature APpr~~fo~ ~~ Lisa Foster, City Attorney Rod Gould, City Manager City Hall Located at 13325 Civic Center Drive Mailing AdJress: P.O Box 789, Poway, California 92074-0789 . (858) 668-4400 r-.. . . Resolution No_ 07-073 Page 4 ALL PURPOSE ACKNOWLEDGMENT 4482 } SOATI'O'~ }~ COUNTY OF On 11' VYU- ri-r~O()7 before me ~~ --CAo~. Notary PubJic, personally.appeared ~,\).. . ~ ~~'Zab ~ -c-~. - \\e-U 9/v' . . personally known t~...Qle (or proved to me on the basis of satisfactory evidence) to be the per~n s whose name(S) is/@!:9'subscri~tO. the within instru~t and aCkno.Wledgedi!e that he/shey executed. me in his/her/ ei authorized capacity(~, and that by his/her . signatiJr~' instrume persor@ or e e "ty upon behalf of which the person acted, executed the instrum t. . . WITNES my ha d and official seal. Signatu DAWN ABBOTT 'i ,~omn1lsS1on" 1457035 ~ _. ;NotalYPubIc - c_ _ . , . son DIego county i _-'_ _ ~:~~"'~I~~ (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another dOcument. THIS CERTIFICATE MUST BE ATTAGlED TO THE DOCUMENT DESCRIBED BELOW Title of Document Type Number of Pages Date of Document Signer(s) Other Than Named Above All Purpose Acknowledgment . . Resolution No 07-073 Page 5 Parcel Map Exhibit A 4483 poway Rd NOT TO SCALE Carriage Rd Buckley St PN 317 490-26 . . Resolution No 07-073 , V Page 6 ATTACHMENT 1 4484 legal Description APN 317-490-2600 THE SOUTH 131 FEET OF THE EAST 185 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCCORDING TO UNITED STATES GOVERNMENT SURVEY