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Res 09-019 RESOLUTION NO. 09-019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, ORDERING THE EXPANSION OF POWAY LANDSCAPE MAINTENANCE DISTRICT 87-1 WITH THE ANNEXATION OF APN's 320-020-4300 and 320-020-4500 WITH WRITTEN CONSENT OF THE PROPERTY OWNERS, AS DESCRIBED WITHIN EXHIBIT "A" ATTACHED HERETO WHEREAS, the City Council of the City of Poway desires to expand Poway Landscape Maintenance District 87-1 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 87-1 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 87-1. 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. Resolution No. 09-019 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 19th day of May, 2009. ~~, ~ Don Higginson, May ATTEST: STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO ) I, Linda Troyan, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 09-019 was duly adopted by the City Council at a meeting of said City Council held on the 19th day of May, 2009, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: REXFORD " POWA'r ~ITY OF 1\HCI<..:FY CA.F:\l ;N_\, l\1aY(lr !)(iN Hll,C"'JINSON, Deputv ld~l\.lll ~IERRILU: RUY,\CK, C)uIlcllrn('lllL'n JI0.\ CUNl',l[NGl L\t>.l. t :()ullcilll1el1lll<;l BETTY rzE.Xr:ORD, Councilrn<.'mkr ~ CONSENT TO ANNEXATION FOR THE INCLUSION OF PROPERTY INTO CITY OF POWAYLANDSCAPE MAINTENANCE DISTRICT 87-1 WHEREAS, the undersigned constitute(s) 100 percent ownership [or has legal signature authority representing 100 percent ownership] of the property shown in Exhibit A, attached hereto, and generally described as County Assessor Parcel Nos. 320-020-4300 and 320-020-4500, legally described on AttachmeDt 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- [Oistrict-] maintained landscaping WHEREAS, the undersigned owner(s) do hereby consent to annexation into Poway Landscape Maintenance District 87-1, 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 LMO 87-1 Engineer's Reports, and hereby acknowledges receipt of the landscaping 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. EXECI~ar ;:~ I 7:- ,2009 at ZO \-1? Y , California. EL '( ? Ii b~t\ ~\~'X:f=O<< d ~. .J Property Owner (prin ed na e) Prope y Owne pr ted e) ;?:/ kJ /;;;;Jr~ep ~~ Property Owner (printed name) Property Owner (pri a name) Approved as to form: City of Poway - ) --c:~~ ~YiD~ ~ Lisa Foster, City Attorney Rod Gould, City Manager . City Ilall Located at .13325 Civic Cenrer Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 . (858) 668-4400 @ Printed Or1 Recyc1f:cJ Papa: Parcel Map Exhibit A e NOT ro SCALE ATTACHMENT 1 Legal Description APN: 320-020-4300 and 320-020-4500 Lots 1 and 3 of Parcel Map 19952 in the City of Poway, County of San Diego, State of California recorded on March 15, 2006 and filed in the Office of the County Recorder.