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Res 09-061'RECORDING REQUESTED BY: ) CITY OF POWAY g WHEN RECORDED MAIL TO:i )� CITY CLERK ) CITY OF POWAY )� " P.O. BOX 789 ) POWAY CA 92074 ) LIGHTING DISTRICT DOG # 2009 - 0576346 11 11 1 1111111111111111111111 1 IN OCT 16, 2009 3:05 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: 11 (This space for Recorder's Use Only) RESOLUTION NO. 09 -061 NO DOCUMENTARY'TRANSFER TAX DUE ID ON I[KiGINSON, %favor CITY OF POWAY CARL KRUSF, Deputy illayut MI iRI01,F]> BOYACK, C(,unalmembur )IM C:UNNNGI I ANI, C;ouneilmembcr 13I7 "1 - 1Y RFXFOILD, Counulmembcr STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF POWAY ) I, Linda A. Troyan, City Clerk for 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. 09 -061 as adopted by the City Council of Poway, California on October 6, 2009. ( F ) Jnd". Troyan, MMC City Clerk City Clerk's Office City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074.0789 www.poway.org RESOLUTION NO. 09 -061 A RESOLUTION'OF THE CITY COUNCIL OF THE CITY OF P.OWAY, CALIFORNIA, ORDERING THE EXPANSION OF POWAY LIGHTING DISTRICT, ZONES B AND C, WITH THE ANNEXATION OF APN's 317 - 350 -4000 THROUGH 317 - 350 -7300, WITH WRITTEN CONSENT OF THE PROPERTY OWNER, AS DESCRIBED WITHIN EXHIBIT "A" ATTACHED HERETO WHEREAS,, the City Council of the City of Poway desires to expand Poway Lighting District, Zones B and C, as:slown 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 Lighting District 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 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 Lighting District, Zones Band 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. Resolution No. 09 -061 Page 2 PASSED, ADOPTED'.AND APPROVED by the City Council of the City of Poway at a regular meeting this 6` day of October, 2009- , Councilmember ATTEST: da oyan, City Clerk 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 -061 was duly adopted by the City Council at a meeting of said City Council held on the 6th day of October, 2009, and that it was so adopted by the following vote AYES: BOYACK, CUNNINGHAM, REXFORD NOES: NONE ABSENT: HIGGINSON, KRUSE DISQUALIFIED: NONE DON HIGGINSON, Mayor. CITY OF POWAY CARL. KRUSE, Deputy Mayor MF.RRILEE BOYACK, Councilmember JIM CUNNINGHAM, Councilrnember 13EI REXFORD, Councilmember CONSENT TO ANNEXATION FOR THE INCLUSION OF PROPERTIES INTO CITY OF POWAY LIGHTING DISTRICT, ZONES Band C WHEREAS, the undersigned constitute(s) 100 percent ownership for has legal signature authority representing 100 percent ownership] of the properties shown in Exhibit A, attached hereto, and generally described as County Assessor Parcel. Nos. 317- 350 -4000 through 317 -350 -7300, legally described on Attachment 1 and any /all subsequent parcels.created by any subdivision of said parcels; and WHEREAS, the aforementioned properties was developed by subdivision, and will receive special benefit from City- [District -] maintained community street lighting; and community traffic signal and safety lighting; and WHEREAS, the properties are proposed to be annexed into City of Poway Lighting District, Zones and C, for an annual assessment per parcel of $3.76 and $13.58, respectively; and WHEREAS, the undersigned owner(s) do hereby consent to annexation into City of Poway Lighting District, Zones B and C, 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 Lighting District Engineer's Report, and hereby acknowledges receipt of the lighting district benefits to said properties. 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. EXECUTEDON a -( POWA AAE 4na,Ajs t-P Property Owner (printed name) Property Owner (printed name) Approved as to form: CITY ATTORNEY cA � , -,G A,ItP 2009, at Jam.. Odd California. Pro ert O m Owner (si ned name w � cA0 Property Owner (signed name) City of Poway CITY MANAGER City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, Calitornia 92074 -0789 www.powny.org �t4a �s otil „� lee v EXHIBIT A % 128 12855 t^a BONITA r VISTA $. 50: 12853 512850 -. sn - 1 L 1� a vs F rty k�• �4h 128 o 49, r 7 12844 z . a i 3300 12846, It ALPINE OR Legend 9 128 o 42838 i n, 12840' g bk. ' h+1 12B3512891 12847 .�'. ,Y 12829 1284 r �^ 7 ' r E t� - 8 �' ^- RT Buildings 12836. ? 12832% 12831 1 2837 City Parks ,. -, 5, f —Makes 12816' d ` 12822 12826 - .317- 350 -4000 through317350 -7300 OR PHA -OT 12 8 ' 112819 �!!. °' 12920 12812 12818 1281712823 ip m 12904 12806 `, v . ". .•_. ._.� _ — METATELN 12951 0 Scale: 1:2,274 Th s map is a user generated static output from an Internet mapping site and s for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. ATTACHMENT1 APNS: 317- 350 -4000 through 317- 350 -7300 Legal Description: LOTS 1 THROUGH 30 INCLUSIVE, AND LOTS "A ", "B ", "C ", AND "D" OF CITY OF POWAY TRACT NO. 06 -06 THE MEADOWS, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15743, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 5, 2009.