Res 83-036RESOLUTION NO. 83~036
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
FINDING THAT A CERTAIN PARCEL OF REAL PROPERTY WITHIN THE
CITY OF POWAY, CALIFORNIA WAS DIVIDED IN VIOLATION OF THE
PROVISIONS OF THE SUBDIVISION MAP ACT (OWNER: TOM LIGUORI)
WHEREAS, on January 17, 1983, the City of Poway issued a Notice of
Intention to File Notice of Violation on the real property described in
Exhibit "A" attached to this Resolution and incorporated by this reference
as if set forth in full at this point; and
~,q~EREAS, on March 29, 1983, the City Council of the City of Poway held
a public hearing at which both documentary and oral evidence was received;
and
V~HEREAS, the owner of said real property was given an opportunity at
%he hearing on March 29, 1983 to present evidence to the City Council why
such Notice of Violation should not be recorded.
NOW, THEREFORE, the City Council of the City of Poway does hereby re-
solve as follows:
SECTION 1: Findings:
The City Council makes the foX,towing findings in regard to the above-
described property:
a. On December 15, 1975, Geographical Ventures was the or. mcr of a
parcel of real property described in TPM No. 11099. On that date
a Certificate of Compliance was recorded at File/Page No. 75-353802,
Official Records, San Diego County, California, dividing the
Geographical Ventures property into four parcels.
b. On March 4, 1977, Warren W. Hamilton purchased Parcel 2 of
Geographical Ventures' property.
c. Part of Warren W. Hamilton's agreement with Geographical Ventures
was that Warren W. Hamilton would obtain a parcel map to create a
240 acre parcel to be reconveyed by Warren W. Hamilton to
Geographical Ventures.
d. On June 13, 1977, at a time when Warren W. Hamilton was record
o~,mer of all of Parcel 2, Geographical Ventures entered into an
agreement with Tom Liguori to sell him the 240 acre parcel to be
created by Warren W. H~milton's parcel map.
Resolution No. 83-036
Page 2
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Warren W. Hamilton filed a Tentative Parcel ~ap (TPM No. 14579)
with the County of San Diego and on August 10, 1979, recorded a
Certificate of Compliance at File/Page No. 79-335736, Official
Records, San Diego County, California, creating four parcels from
Parcel 2 of TPM No. 11099. The property described in this Resolu-
tion is Parcel 4 of TPM No. 14579.
At the time Warren W. Hamilton divided his property pursuant to
TPM No. 14579, he had entered into binding agreements with future
purchasers to obtain additional parcel maps on the same property.
The total number of parcels to be created was approximately ten
parcels.
On November 27, 1979, Warren W. Hamilton reconveyed Parcel 4 of
TPM No. 14579 to Geographical Ventures. On that same date,
Geographical Ventures conveyed Parcel 4 to Tom Liguori.
On February 16, 1977, Warren W. Hamilton entered into an agreement
with Delbert Hughes for the purchase of the "northerly half" of
Parcel 1 of TPM No. 14579 consisting of approximately 65 acres. On
February 28, 1977, Warren W. Hamilton entered into an agreement with
Byron Hamilton, his brother, for the purchase of "a portion of"
Parcel 1 consisting of approximately 50.5 acres. Each agreement was
contingent upon the purchasers agreeing to a parcel map to create
four parcels on Parcel 1, two parcels to be retained by Hughes and
two parcels to go to Byron Hamilton. These agreements were entered
into before recording of the Certificate of Compliance pursuant to
TPM No. 14579 that created Parcel 1.
After recordation of the Certificate of Compliance, Warren W.
Hamilton entered into a further agreement with Delbert Hughes for
Delbert Hughes to take title to all of Parcel 1 while paying for
only a portion of it and for Hughes, after recordation of a parcel
map for Parcel 1, to convey two parcels to Byron Hamilton "with the
money consideration paid therefor being paid to Warren W. Hamilton".
Delbert Hughes was substituted for Warren W. Hamilton as the seller
of record to Byron Hamilton.
On March 9, 1981, a deed was recorded vesting title to Parcel 1 of
TPM No. 14579 in Delbert Hughes. After that date, Warren W. H~ailton
continued to exercise control over the Delbert Hughes - Byron
Hamilton transaction as if he were the seller and continued to have
a right to be paid directly by Byron Hamilton for Byron Hamilton's
purchase of two parcels to be created from Parcel 1 of TPM No. 14579.
Delbert Hughes applied to the City of Poway for a parcel map to
divide Parcel 1 into four parcels, as required by his agreement with
Warren W. Hamilton to create the parcels that Warren W. Hamilton had
agreed to sell to Byron Hamilton. His map was designated as TPM No.
17204.
Resolution No. 83-036
Page 3
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In applying for a parcel map to divide Parcel 1 of TPM No. 14579
aud in agreeing to convey two of the parcels to be created to
Byron Hamilton, Delbert Hughes was, and is, an agent of Warren W.
Hamilton.
The parcels to be created by the proposed re-division of Parcel 1
of TPM No. 14579 by Delbert Hughes are less than 40 acres, gross
acreage, in size.
Nick Kuljis signed a Certificate of Ownership for Warren W. Hamilton's
property, even though he was not the owner, thus acting as an agent for
Warren W. Hamilton in connection with TPM No. 14579.
On January 28, 1980, Warren W. Hamilton and Nick Kuljis entered into
an agreement for the purchase by Nick Kuljis of Parcel 3 of TPM No.
14579. The agreement included a provision for obtaining a parcel
map on the property, Nick Kuljis to pay 25% of the cost of the parcel
map and to reconvey to Warren W. Hamilton three parcels "when buyer
can legally transfer title".
On January 8, 1981, Warren W. Hamilton and Nick Kuljis entered into
a new agreement for Nick Kuljis' purchase, containing a provision
that the parties "are participating in a parcel map" for the property
and that Warren W. Hamilton will pay 75% and Nick Kuljis will pay
25% of the cost of the map.
On January 12, 1981, title to Parcel 3 of TPM No. 14579 vested in
Nick Kuljis, pursuant to the agreement of January 8, 1981, for Warren
W. Hamilton to pay 75% of the cost of the Kuljis parcel map. Sub-
seQuently, Nick Kuljis applied for a Certificate of Compliance for
Parcel 3 of TPM No. 14579. Hf~s map was designated as TPM No. 17101.
In applying for a parcel map for Parcel 3 of TPM No. 14579, Nick
Kuljis was, and is, acting as an agent for Warren W. Hamilton.
On January 31, 1977, Warren W. Hamilton entered into an agreement
with Barbara Miller for the purchase of Parcel 2 of TPM No. 14579.
On November 18, 1980, Warren W. Hamilton conveyed Parcel 2 to
Environco. On September 14, 1981, Environco conveyed Parcel 2 of
TPM No. 14579 to Barbara Miller. Throughout the Environco -
Warren W. Hamilton transaction, Miller was the principal and
Environco acted on her behalf.
When Warren W. Hamilton filed TPM No. 14579 and recorded a
Certificate of Compliance for four parcels, he was required by the
Subdivision Map Act to file and obtain approval of a tentative and
final map for the ten parcels he intended to create.
The four parcels created by TPM No. 14579 and the Certificate of
Compliance are the result of a division in violation of the
Subdivision Map Act.
Resolution No. 83-036
Page 4
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The property referred to in this Resolution and described in Exhibit
"A" is a portion of the property unlawfully divided pursuant to
TPM No. 14579 and the Certificate of Compliance recorded August lO,
1979.
SECTION 2: Notice of Violation:
The findings set forth in Section i of this Resolution are the basis for
the motion adopted on March 29, 1983, directing staff to record the Notice of
Violation of the Subdivision Map Act on the land encompassed by TPM No. 14579.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Poway,
California, this 14thday of June , 1983.
Linda Oravec, Mayor~-
ATTEST:
Marjori~ ~,. Wahlsten, City Clerk
EXH IB !.T "A"
LEGAL DESCRIPTION
THaT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION
18 AND A PORTION OF THE NORTH HALF OF SECTION 17, ALL IN TOWNSHIP 13
SOUTH, RANGE ! WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF 'POWAY,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
'THEREOF, SAID PORTIONS BEING DESCRIBED AS A WHOLE AS FOLLOWS:
BEGINNING AT THE NORTHEAST'CORNER OF SAID SECTION 17; THENCE ALONG
THE NORTHERLY LINE OF SAID SECTION 17, 'SOUTH 87049'52" WEST 2689.26
FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID
SECTION 17; THENCE ALONG THE EASTERLY LINE OF SAID NORTHWEST QUARTER
SOUTH 00°13'15" EAST 381.06 FEET; THENCE LEAVING SAID EASTERLY
LINE, SOUTH 86=19'26'' WEST 393.83 FEET; THENCE SOUTH 73c27'56''
WEST 384.89 FEET; THENCE SOUTH 5°01'16" WEST 236.77 FEET; THENCE
SOUTH 3?029'48" WEST 170.10 FEET; THENCE SOUTH 19°05'18" WEST
169.99 FEET; THENCE SOUTH 56004'28" WEST 192.68 FEET; THENCE SOUTH
40o50'15" WEST 365.52 FEET; THENCE SOUTH 72o40'34" WEST 168.38
FEET; THENCE NORTH 79c55'33'' WEST 283.61 FEET; THENCE SOUTH 87°17'42''
WEST 243.96 FEET; THENCE SOUTH 31019'58'' WEST 98.65 FEET; THENCE
SOUTH 37006'42" WEST 112.34 FEET; THENCE SOUTH 73°15'41" WEST
127.77 FEE~; THENCE SOUTH 49030'33'' WEST 170.00 FEET; THENCE SOUTH
47048'33" WEST 208.80 FEET; THENCE SOUTH 82o01'40" WEST 148.44
FEET; THENCE SOUTH 59°24'01'' WEST 190.02 FEET; THENCE SOUTH
27o53'19'' WEST 96.86 FEET; THENCE SOUTH 03°39'10'' WEST 306.36
FEET; THENCE SOUTH 57:22'26" WEST 155.25 FEET; THENCE NORTH
57~54'07TM WEST 104.18 FEET; THENCE NORTH 86°17'28'' WEST 123.04
FEET; THENCE SOUTH 51~07'29'' WEST 106.24 FEET; THENCE SOUTH
10o25'15'' WEST 127.49 FEET; THENCE ~0UTH 44042'47" WEST 198.74
FEET; THENCE NORTH 84c32'04'' WEST 156.60 FEET; SOUTH 75041'50''
WEST 238.32 FEET TO A POINT IN THE WESTERLY LINE OF THE EAST HALF
OF THE NORTHEAST QUARTER OF SAID SECTION 18, SAID POINT BEARS
NORTH 00033'37" WEST 30.88 FEET FROM THE SOUTHWEST CORNER OF SAID
EAST HALF OF THE NORTHEAST QUARTER; THENCE ALONG SAID WESTERLY
LINE, SOUTH 00033'37'' EAST 30.88 FEET TO SAID SOUTHWEST CORNER;
THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER, SOUTH
89:45'27" EAST 1369.34 FEET TO THE SOUTHWEST CORNER OF THE NORTH
HALF OF SAID SECTION 17; THENCE ALONG THE SOUTHERLY LINE OF SAID
NORTH HALF NORTH 88~00'17'' EAST 5342.76 FEET TO THE SOUTHEAST
CORNER OF SAID NORTH HALF; THENCE ALONG THE EASTERLY LINE OF SAID
SECTION 17, NORTH 00c57'24'' EAST 2670.36 FEET TO THE POINT OF
BEGINNING.
LIGUORI
W.O. 1426
WBB:BB
11-22-82