Res 09-062 (3)RECORDING REQUESTED BY:
CITY OF POWAY
'
WHEN RECORDED MAIL TO:.
) ��
CITY CLERK
)
CITY OF POWAY
)
P.O. BOX 789
)
POWAY CA 92074
)
DOC # 2009 - 0576345
1 11 1 1 11 11111111111111 IIH 1 111111 1 1 1 EII 1111111 1 IR
OCT 16, 2009 3:05 PM
OFFICIAL RECORDS
.SAN CdEGO COUNT`( RECORDER'S OFFICE
DAVID L. BUTLER. COUNTY RECORDER
FEES: 0.00
PAGES: 7
(This space for Recorder's Use Only)
LIGHTING DISTRICT
RESOLUTION NO. 09 -062
NO DOCUMENTARY TRANSFER TAX DUE
coq- 02/
DON f IIGGINSON, Mayor CITY OF POWAY
CARL. KRUSE', Deputy Mayor
MERRILFF BOYACK, Councilmcmber
JIM CUNNINC]I [AM, Councilmcmber
BI's "ITY RFXFORD, Councilmcmber
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 -062 as adopted by the City Council of Poway, California on
October 6, 2009.
c��Y of ro�gY
5.
� F e ...IN TH¢•� -�J24P
I� A. 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 -062
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF POWAY, CALIFORNIA, ORDERING THE EXPANSION
OF POWAY LIGHTING DISTRICT, ZONES BAND C, WITH THE
ANNEXATION OF APN's 314- 213 -5000, 314- 213 -5100, and 314 - 213 -5200,
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 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 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 B 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.
Resolution No. 09 -062
Page 2
PASSED, ADOPTED AND AP.PROVED.by the City Council of the City,of Poway at a
regular�meeting this 6` day of October, 2009.
, Councilmember
r_Ntir43n
Lind ro an, 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 -062 was duly adopted by the City Council at a
meeting of said City Council held on the 6` 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
d royan, City Clerk
City of Poway
DON fnGGINSON, Mayor - .....CITY OF POWAY
CARL ICRUSG, Dept)- Nfavor
bIERRILEC BOYAC , Councilmember
JIM CUNNINGHAM, Councilmember
BE'1 - n' RLXFORD, Councilmember
CONSENT TO ANNEXATION
FOR THE INCLUSION OF PROPERTIES INTO
CITY OF POWAY LIGHTING DISTRICT B and C
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 Nos. 314 - 213 -5000, 314 - 213 -5100, and 314 - 213 -5200, 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 a ;hexed into City of Poway Lighting District, Zones
B and C, for annual assessment 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
propert ies 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.
EXECUTED ON �— l �� 2009, at California.
J'06Uk ws C- C
Property Owner (printed name) Property OOwner sin e?e)C C6
Property Owner (printed name)
Approved, as to form:
CITY ATTORNEY
Property Owner (signed name)
City of Poway
CITY MANAGER
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074.0789
www.poway.org
EXHIBIT A
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This map is a user generated static output from an Internet mapping site and is for general
reference only. Data layers that appear on this map may
or may not be accurate, current, or
-
c1herwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION.
ATTACHMENT
LEGAL DESCRIPTION:
PARCEL A: ASSESSORS PARCEL NO. 314 - 213 -50
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING
ALSO DESCRIBED AS A PORTION OF THE RESERVE TRACT OF PIERMONT, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 785, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEG&COUNTY, AUGUST 4, 1894, TOGETHER WITH THOSE
PORTIONS OF IRVING AVENUE AND AN UNNAMED STREET ON THE WESTERLY
SIDE OF SAID RESERVE TRACT,.BOTH CLOSED TO PUBLIC USE, AS DESCRIBED
IN VARIOUS DEEDS OF RECORD FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTER LINE OF SAID IRVING AVENUE
(CLOSED TO PUBLIC USE) THAT BEARS NORTH 00° 20' 08" WEST 451.30 FEET
(NORTH PER DD) FROM THE INTERSECTION OF SAID CENTER LINE OF IRVING
AVENUE WITH THE SOUTHERLY LINE OF WINDSOR STREET (CLOSED TO
PUBLIC USE) AS SHOWN ON SAID MAP NO. 785; THENCE NORTH 89° 39' 52"
EAST 30.00 TO THE EASTERLY RIGHT OF WAY LINE OF SAID IRVING STREET
(CLOSED), SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE.
RETRACING AND CONTINUING SOUTH 89° 39' 52" WEST 270.49 FEET TO THE
WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER, BEING ALSO A POINT ON THE WESTERLY LINE OF SAID UNNAMED
STREET (CLOSED TO PUBLIC USE); THENCE ALONG SAID WESTERLY LINES
NORTH 00 20' 38" WEST (NORTH PER DD) 169.92 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER;
THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER SOUTH 89 24' 17" EAST 240.55 FEET (EAST 240.00 FEET
PER DD) TO THE INTERSECTION WITH THE CENTER LINE OF SAID IRVING
AVENUE (CLOSED TO PUBLIC USE); THENCE ALONG SAID CENTER LINE SOUTH
00° 20' 08" EAST (SOUTH PER DD) 7.13 FEET TO THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF BLOCK 25 OF SAID PIERMONT
ACCORDING TO MAP THEREOF NO. 785; THENCE ALONG SAID WESTERLY
PROLONGATION NORTH, 89 35' 55" EAST (EAST PER DD) 30.00 FEET TO SAID
EASTERLY RIGHT OF WAY LINE OF IRVING AVENUE; THENCE ALONG SAID
EASTERLY'RIGHT`OF WAY LINE SOUTH 00 20'08" EAST (SOUTH PER DD) 158.91
FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM 25 PERCENT OF ALL OIL, GAS AND MINERALS
BENEATH SAID LAND AS RESERVED IN BOOK 6014, PAGE 23 OF OFFICIAL
RECORDS.
EXCEPTING THEREFROM ONE -HALF OF ALL.OIL, GAS AND MINERALS BENEATH
SAID LAND, AS RESERVED IN DEED RECORDED SEPTEMBER 16, 1955 IN BOOK
5795, PAGE 494 OF OFFICIAL RECORDS.
SAID PARCEL IS SHOWN ON EXHIBIT A ON THAT CERTIFICATE OF COMPLIANCE
RECORDED JULY 8, 2008 AS INSTRUMENT NO. 2008- 365250 OF OFFICIAL
RECORDS.
PARCEL B: ASSESSORS PARCEL NO. 314 - 213 -51
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING
ALSO DESCRIBED AS A PORTION OF THE RESERVE TRACT OF PIERMONT, IN
THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 785, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, AUGUST 4, 1894, TOGETHER WITH THOSE
PORTIONS OF IRVING AVENUE AND AN UNNAMED STREET ON THE WESTERLY
SIDE' OF SAID RESERVE TRACT, BOTH CLOSED TO PUBLIC USE, AS DESCRIBED
IN VARIOUS DEEDS OF RECORD (DD) FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTER LINE OF SAID IRVING AVENUE
(CLOSED TO PUBLIC USE) THAT BEARS NORTH 00° 20'08" WEST (NORTH PER
DD) 451.30 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF IRVING
AVENUE WITH THE SOUTHERLY LINE OF WINDSOR STREET (CLOSED TO
PUBLIC USE) AS SHOWN ON SAID MAP NO. 785; THENCE NORTH 89° 39' 52"
EAST (EAST PER DD) 30:00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF
SAID IRVING STREET (CLOSED), SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE SOUTH 00°
20' 08" EAST (SOUTH PER DD) 88.00 FEET; THENCE SOUTH 89 39' 52" WEST
(WEST PER DD) 270.48 FEET TO THE WESTERLY LINE OF SAID SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER, BEING ALSO ON THE WESTERLY
LINE OF SAID UNNAMED STREET (CLOSED TO PUBLIC USE); THENCE ALONG
SAID WESTERLY LINE NORTH 00° 20'38" WEST (NORTH PER DD) 88.00 FEET TO
AN INTERSECTION WITH A LINE THAT BEARS SOUTH 89 39' 52" WEST FROM
THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 39'52" EAST 270.49 FEET
TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM 25 PERCENT OF ALL OIL, GAS AND MINERALS
BENEATH SAID LAND AS RESERVED IN BOOK 6014, PAGE 23 OF OFFICIAL
RECORDS.
EXCEPTING THEREFROM ONE -HALF OF ALL OIL, GAS;AND MINERALS BENEATH
SAID LAND, AS RESERVED IN DEED RECORDED SEPTEMBER 16, 1955 IN BOOK
494, PAGE 494 OF OFFICIAL RECORDS.
SAID PARCEL IS SHOWN ON EXHIBIT B ON THAT CERTIFICATE OF COMPLIANCE
RECORDED JULY 8, 2008 AS INSTRUMENT NO. 2008- 365250 OF OFFICIAL
RECORDS.
PARCEL C: ASSESSORS PARCEL NO, 314 - 213 -52
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF POWAY>, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEING
ALSO DESCRIBED AS A PORTION OF LOT 6 IN BLOCK 25, AND A PORTION OF
THE RESERVE TRACT OF PIERMONT, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 785, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST
4, 1894, TOGETHER WITH THOSE PORTIONS OF YORK AVENUE, IRVING AVENUE
AND AN UNNAMED STREET ON THE WESTERLY LINE OF SAID RESERVE TRACT,
ALL CLOSED TO PUBLIC.USE, AS DESCRIBED IN VARIOUS DEEDS OF RECORD
(DD), FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER; THENCE ALONG THE NORTHERLY LINE
THEREOF SOUTH 89 24' 17" EAST 440.67 FEET (EAST 440.0 FEET PER DD) TO
THE INTERSECTION WITH THE CENTER LINE OF SAID YORK AVENUE; THENCE
ALONG SAID CENTER LINE OF YORK AVENUE SOUTH 00° 21' 08" EAST (SOUTH
PER DD) 260.00 FEET TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN
DEED TO WILLIAM H. SMITH, ET UX, RECORDED MARCH 3, 1958 IN BOOK 6974,
PAGE 190 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF
BEGINNING, THENCE CONTINUING ALONG SAID CENTER LINE OF YORK
AVENUE SOUTH 00 21'`08" EAST (SOUTH PER DD) 20.00 FEET, THENCE SOUTH
89 38'52" WEST 170.18 FEET (WEST 170.00 FEET PER DD) TO A POINT ON THE
WESTERLY LINE OF SAID BLOCK 25, BEING ALSO A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF IRVING AVENUE (CLOSED); THENCE ALONG SAID
EASTERLY RIGHT OF WAY LINE SOUTH 00 20'08" EAST (SOUTH PER DD) 60.00
FEET; THENCE SOUTH 89° 39'52" WEST (WEST PER DD) 30.00 FEET TO A POINT
ON THE CENTER LINE OF SAID IRVING AVENUE THAT BEARS NORTH 00 20'08"
WEST (NORTH PER DD) 274.01 FEET FROM THE INTERSECTION OF SAID
CENTER LINE OF IRVING AVENUE WITH THE SOUTHERLY LINE OF WINDSOR
STREET (CLOSED TO PUBLIC USE) AS SHOWN ON SAID MAP NO. 785; THENCE
ALONG SAID CENTER LINE NORTH 00 20'08" WEST (NORTH PER DD) 1.29 FEET;
THENCE SOUTH 89 39' 52" WEST 240.47 FEET (WEST 240.00 FEET PER DD) TO
THE WESTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER, BEING ALSO A POINT ON THE WESTERLY LINE OF SAID UNNAMED
STREET (CLOSED TO PUBLIC USE); THENCE ALONG SAID WESTERLY LINES
NORTH 00° 20' 38" WEST (NORTH PER DD) 88.00 FEET TO AN INTERSECTION
WITH ALINE THAT BEARS SOUTH 89 39' 52" WEST (WEST PER DD) FROM A
POINT ON.THE CENTER LINE OF SAID IRVING AVENUE THAT BEARS NORTH 00
20'08" WEST (NORTH PER DD) 363.30 FEET FROM THE INTERSECTION OF SAID
CENTER LINE OF IRVING AVENUE WITH SAID SOUTHERLY LINE OF WINDSOR
STREET,(CLOSED TO PUBLIC USE) AS SHOWN ON SAID MAP NO. 785; THENCE
NORTH 89° 39' 52" EAST (EAST PER DD) 270.48 FEET TO SAID EASTERLY RIGHT
OF WAY LINE OF IRVING AVENUE; THENCE ALONG SAID EASTERLY RIGHT OF
WAY LINE SOUTH 00 20' 08" EAST (SOUTH PER DD) 9.29 FEET TO AN
INTERSECTION WITH A LINE THAT BERAS SOUTH 89 38'52" WEST (WEST PER
DD) FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89 38' 52" EAST
170.17 FEET (EAST 170.00 FEET PER DD) TO THE TRUE POINT OF BEGINNING.
4
EXCEPTING THEREFROM 25 PERCENT OF ALL OIL, GAS, AND MINERALS
BENEATH SAID LAND AS RESERVED IN BOOK 6014, PAGE 23 OF OFFICIAL
RECORDS.
EXCEPTING THEREFROM ONE -HALF OF ALL OIL, GAS AND MINERALS BENEATH
SAID LAND, AS RESERVED IN DEED RECORDED SEPTEMBER 16, 1955 IN BOOK
5795; PAGE 494 OF OFFICIAL RECORDS.
SAID PARCEL IS SHOWN ON EXHIBIT C ON THAT CERTIFICATE OF COMPLIANCE
RECORDED JULY 8, 2008 AS INSTRUMENT NO. 2008 - 365250 OF OFFICIAL
RECORDS.
NOTE: SAID PROPERTY IS SHOWN ON THAT CERTIFICATE OF COMPLIANCE
RECORDED JULY 8, 2008 AS INSTRUMENT NO. 2008- 365250 AND RE- RECORDED
SEPTEMBER 8, 2008 AS INSTRUMENT NO. 2008- 478020, BOTH OF OFFICIAL
RECORDS.
PARCEL D:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES, IN, OVER, UNDER
AND ACROSS THE WESTERLY 40.00 FEET OF PARCELS 1, 2 AND 3 AND THE
NORTHERLY 30.00 FEET OF PARCEL 1 OF PARCEL MAP NO. 1775, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 26, 1973,
BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF.