Res 10-045RECORDING REQUESTED BY
CITY OF POWAY
WHEN RECORDED MAIL TO:
�NN TNN CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
D C C ## 201 3 - 3373377
II IIII I I IIII I II IIIII III I II I II II III
JUL 27, 2010 3:39 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
(This space for Recorder's Use Only)
RESOLUTION NO. 10 -045
NO DOCUMENTARY TRANSFER TAX DUE
DON I- IIGGINSON, Mayor
CARL. KRUSE, Deputy Mayor
MFRR11.1 13 BOYACK, Councilmcmber
JIM CUNN INC; IIAM, Councilmcmber
)OI'IN MUTA.IN, (,ouncil III cmber
CITY OF POWAY
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF POWAY )
I, Linda A. Troyan, MMC, 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. 10 -045 as adopted by the City Council of Poway, California on July 6,
2010.
a
L j L' a A. royan, MMC ity C erk
City of Poway
Ciry Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074 -0789
www.poway.org
RESOLUTION NO. 10 -045
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE EXPANSION OF
LANDSCAPE MAINTENANCE DISTRICT 86 -213,
WITH THE ANNEXATION OF APN 323- 070 -6500
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 Landscape
Maintenance District 86 =213, 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 Landscape Maintenance District 86 -213
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 landscape maintenance district 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 Landscape Maintenance
District 86 -213.
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 Countv.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 20 day of July, 2010.
Don Higginson, Mayor
A ST:
Li A. royan, City Clerk
Resolution No. 10 -045
Page 2
STATE OF CALIFORNIA )
)SS
COUNTY OF'SAN DIEGO )
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 10 -045 was duly adopted by the
City Council at a meeting of said City Council held on the 20th day of July, 2010, and
that if was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, MULLIN, KRUSE, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
. royan, MMC, City Clerk
May 21 2010 . 1:10PM CITY OF PO E WHY%PUB WORKS 858- 679 -8719
>NHaGGI, CITY OF POWAY
Mayor
CARL XRtW, D Ma
MBRRIILE BOYACK, Coundtm ber ' .
JIM CUNNINGHAM, Counc itnember.
BLrM REXFORD. Cauww aKmber
CONSENT TO ANNEXATION
FOR THE INCLUSION OF PROPERTY INTO
LANDSCAPE MAINTENANCE DISTRICT ILMD) t18 -213
P.2
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 No. 323-070-65 -00, legally described on Attachment 1 and any /all
subsequent parcels created by any subdivision of said parcels; and
WHEREAS, the aforementioned property was developed by subdivision, and will receive special
benefit from City - [District -] maintained landscaping; and
WHEREAS, the property is proposed to be annexed into Landscape Maintenance District (LMD)'
88-26, for an annual assessment of $309.28; and
WHEREAS, the undersigned owner(s) do hereby consent to annexation Into Landscape
Maintenance District (LMD) 86-26, pursuant to the California Streets and Highways Code Section 22808;
and
WHEREAS, the undersigned owner(s) consent to assessments levied under the assessment
formulas as written within the, yearly LMD 86-28 Engineer's Report, and hereby acknowledges receipt of
the Landscape Maintenance District benefits to said property.
PURSUANT to Section 22608.2 of the Streets and Highways Code of the State of California, the
.property 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
20lO
EXECUTED ON MAV ° V1 20dt.at FoWA4Y California.
k_ (_ar.l 3 k<() E B LEIZ
Property Owner (printed name) Property Owner (s' ned name)
Property Owner (printed name)
Approved as to form:
CITY ATTORNEY
Property Owner (signed name)
City Halt Located;
Mailing Address: P.O. Box 789, Poway, California 920740789
www.poway.org
City of Poway
ATTACHMENT
LEGAL DESCRIPTION:
ASSESSOR'S PARCEL NO. 323 - 070 -65 -00
Parcel 1:
The Northerly 121,49 feet of that portion of the Northeast quarter of the Southwest
quarter of Section 17, Township 14 South, Range 1 West, San Bernardino Meridian, in
the County of San Diego, State of California, according to O.P.T. described as follows:
Commencing at the Southeast comer of the Northeast quarter of the Southwest quarter
of said Section 17;
Thence along the Easterly line of said Southwest quarter North 00 11' 20" West, 44.57
feet to the Southeast comer of Land described in to John F. Hausniann,et ux,
recorded December 31, 1951 in Book 4331, Page 351 of Official Records;
Thence along the Southerly line of said Hausmann's Land North 88 51' 20" West,
745.12 feet to the Southwest comer of said land;
Thence along the Westerly line of said Hausmann's Land North 01 08'00" East, 410.90
feet to the True Point of Beginning;
Thence South 88 51' 20" East, 739.14 feet to the Easterly line of the Northeast quarter
of the Southwest quarter;
Thence along said Easterly line North 00 11' 20" West, 242.92 feet; Thence North 88
51'20" West to the Westerly line of said Hausmann's Land;
Thence along said Westerly line South 01 88' 00" West, 242.91 feet, more or less, to
the True Point of Beginning.
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