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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. { r � r cscoNmW�i� �" -lF ��� tttttt b ✓�D.WnDltktl m' EXHIBIT A s CCK, .iD 3�"a n 1 a:"ik„t N .13214n'ur. Garden Road Neighborhoo �.P-a 13206 14909 14917 n ; 14952 ...GARDEN RD �ia ! � fz� �lrrxc .i�A+a?YYN r l Legend 3 1 City Parks Lakes I s >n O 'A 14859 14905 m g K 2 P_ 0 h Ii 14958 " —�! 11' 15069 j'! - APN 323- 070 -65 -00 Iiot 15121 15127 Scale: 1:2,009 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 - .- othemise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION.