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Res 83-038RESOLUTION NO. 83'038 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: DELBERT HUGHES) WHEREAS, on Jsunuary 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 %%5{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~EREAS, the owner of said real property was given an opportunity at the 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 fo~owing findings in regard to the above- described property: On December 15, 1975, Geographical Ventures was the o%%mer of a parcel of real property described in TPk~ 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. 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. On June 13, 1977, at a time when Warren W. Hamilton was record o%,~er 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. Hamilton's parcel map. Resolution No. 83-038 Page 2 e. Warren W. Hamilton filed a Tentative Parcel Map (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 1 of TPM No. 14579. f. 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. g. 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. h. 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. i. After recordation of the Certi~.~ate 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. j. On March 9, 1981, a deed was recorded vesting title to Parcel 1 of T~.~ No. 14579 in Delbert Hughes. After that date, Warren W. Hamilton 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. k. 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. 83-038 Page 3 po So to mo In applying for a parcel map to divide Parcel 1 of TPM No. 14579 and 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 applie~.c~for a Certificate of Compliance for Parcel 3 of TPM No. 14579. His map was designated as TPM No. 17101. In applying for a parcel map for Parcel 5 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. 83-038 Page 4 Vo The property referred to in this Resolution s_nd described in Exhibit "A" is a portion of the property unlawfully divided pursuant to TPNNo. 14579 and the Certificate of Compliance recorded August 10, 1979. SECTION 2: Notice of Violation: The findings set forth in Section I of this Resolution are the basis for the motion adopted on Narch 29, 1983, directing staff to record the Notice of Violation of the Subdivision Map Act on the land encompassed by TR~ 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: k4ar~ori$ El. Wahlsten, City Clerk EXHIBIT "A" Legal Description Parcel lA That portion of the East Half of the NortheaSt Quarter of Section 18, and that portion of the East Half of the Southeast Quarter of Section ?, and that portion of the East Half of the Northeast Quarter of Section ?, and that portion of the Southwest Quarter of the Northwest Quarter of Section 8, and that portion of the Southwest Quarter of Section 8, all in Township 1S South, Range 1 West, San Bernardino ~leridian, in the County of San Diego, State of California, according to Official Plat thereof, said portions being described as a whole as follows: BEGINNING at the Northwest corner of the East Half of the Northeast Quarter of said Section 18 as shown on Record of Survey ~lap No. 7929 filed in the Office of the County Recorder of said County, thence South 00°SS'S?'' East along the Westerly line of said East Half, a distance of 4S4.05 feet to a point in the arc of a nontangent 1000.00 foot radius curve concave Southeasterly, a radial line of said curve bears North 64°S?'26'' ~est to said point; thence North- easterly along the arc of said curve, ~hrough a central angle of 01°S8'41'' a distance of 34.S2 feet; thence tangent to said curve, North 27°01'1S'' East 601.5S feet to the beginning of a tangent 200.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve, through a central angle of SS~19'01'' a distance of 116.30 feet'; thence tangent to said curve North 60~ 20'1S" East 130.20 feet to the beginning of a tangent 200.00 foot radius curve concave Southeastern-y; thence Northeasterly along the arc of said curve, through a central angle of 26°03'$7'' a distance of 90.97 feet; thence tangent to said curve North 86°23'$3'' East 22.72 feet to the beginning of a tangent 500.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve, through a central angle of 38°~9'32TM a distance of 203.29 feet; thence tangent to said curve North ~?°3~'21" East S75.S2 feet to the beginning of a tangent 700.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 25~S0'~3'' a distance of 291.S2 feet; thence tangent to said curve North 23°~3'38'' East 400.37 feet to the beginning of a tangent 300.00 foot radius curve concave South- easterly; thence Northeasterly along the arc of said curve, through a central angle of 26°05'56'' a distance of 136.65 feet; thence tangent to said curve, North ~9°49'35'' East 336.87 feet to the beginning of a tangent 100.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 27~S2'10'' a distance of 48.64 feet; thence tangent to said curve North 21°57'2S'' East 125.21 feet; thence North 29:19'12'' East 220.27 feet to the beginning of a tangent 100.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve, through a central angle of 49°33'56'' a distance of 86.51 feet; thence tangent to said curve North 20°14'~5'' ~est 43.~4 feet to (Parcel lA cont., the beginning of a tangent 1S'0.O0 foot radius curve concave Easterly; thence Northerly along the arc of said curve, through a central angle of 51°14'20'' a distance of 134.14 feet; thence -tangent to said curve North 30°59'3S'' East 75.10 feet; thence North' 48°40'31'' West 206.60 feet to the beginning of a tangent 100.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve, through a central angle of 34°28'00'' a distance of 60.16 feet; thence tangent to said curve North 14Q12'31'' West 19.38 feet to the beginning of a tangent 100.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve, through a central angle of 46°21'55'' a distance of 80.92 feet; thence tangent to said curve North 60°34'26'' West 76.29 f'eet to the beginning of a tangent 1SO.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve, through a central angle of 50°33'31'' a distance of 132.36 feet; thence tangent to said curve, North 10°00'$5'' Nest 181.39 feet to the begin.ning of a tangent 300.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 23°34'28'' a distance of 123.4~ feet; thence tangent to said curve North 15°33'53'' East 239.19 feet to the beginning of a tangent 200.00 foot radius curve concave Westerly; thence Northerly along the arc of said Curve, through a central angle of 19°11'57'' a distance of 67.02 feet; thence tangent to said curve, North 05°38'24'' West 6,10 feet to the beginning of a tangent 200.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 22°53'S9TM a distance of 79.94 feet; thence tangent to said curve North 17°15'35'' East 195.$4 feet to the beginning of a tangent 200.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve, through a central angle of 26°$5'30'' a distance of 93.99 feet; thence tangent to said curve, North 09*39'56" West 102.54 feet; thence South 55°30'00" West 1286.38 feet; thence North 76°3~'32'' West 757.54 feet to the Westerly line of the East Half of the Northeast Quarter of said Section 7; thence along said Westerly line, South 00°38'15'' West 591.'~7 feet to the Southwest corner of said East Half; thence along the Westerly line of the East Half of the Southeast Quarter of said SectionT, South 00°01'39'' East 2~75.17 feet to the Northwest corner of the East Half of the Northeast Quarter of said Section 18 and the POINT OF BEGINNING.