Res 11-020RECORDING REQUESTED BY:
CITY OF POWAY
O
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
6615
APN No. 314 - 651 -1000
1
DOC ## 201 1 - 0264955
IIIIIIIII IIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIVIIIVIIIIIIIIIIIIIIII
MAY 23, 2011 3:59 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg,Jr., COUNTY RECORDER
FEES: 0.00
PAGES: 9
RESOLUTION NO. 11 -020
NO DOCUMENTARY TRANSFER TAX DUE
11 -D6S
DON HIGGINSON, Mayor
JIM CUNNINGHAM „Deputy Mayor
MERRILEE BOYACK, Councilmember
DAVE GROSCH, Councilmember
JOHN MULLIN, Councilmember
sis
CITY OF POWAY
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF POWAY )
I, Shelley Collins, CIVIC, Records Technician 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. 11 -020 entitled, "A Resolution of the City Council of the City of
Poway California, Ordering the Expansion of LIVID 83 -1A, with Annexation of APN 314-
651 -1000 with Written Consent of the Property Owners, as described within Exhibit A
Attached Hereto,” as adopted by the City Council of Poway, California on May 3, 2011
and executed May 4, 2011.
c.� War
c�Tt' 1N THE COV
,jneiiey c;omns,
Records Techn
City of Poway
City Hall Located at 13325 Civic Center Drive
Mailing Address: P.O. Box 789, Poway, California 92074.0789
www.poway.org
RESOLUTION NO. 11 -020 6817
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ORDERING THE EXPANSION OF
LANDSCAPE MAINTENANCE DISTRICT 83 -1A,
WITH ANNEXATION OF APN 314 - 651 -1000
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 83-1A, 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 83 -1A
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 83 -1A.
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.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 3rd day of May, 2011.
ATTiES
jj" T: Don Higginson, Mayor
� /
royan, MMC, C
Resolution No. 11 -020
Page 2
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City�Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 11-020 was duly adopted by the City
Council at a meeting of said City Council held on the 3rd day of May, 2011, and that it was
so adopted by the following vote:
AYES: MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: BOYACK, GROSCH
Ind A. Troyan, MMC, City Clerk
Ci of Poway
DOWN IIIGGINSON, Mayor CITY OF POWAY
CARL KRUSE, Deputy Mayor
MERRILEE BOYACK, Councilmember
JIM CUNNINGFLkK Coundimember
BETTY REXFORD, Coundlmember
CONSENT TO ANNEXATION
FOR THE INCLUSION OF PROPERTY INTO
CITY OF POWAY LANDSCAPE MAINTENANCE DISTRICT (LDM) 83 -1A
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 No. 314 -651 -1000 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 City of Poway Landscape Maintenance
District (LIVID) 83 -1A for an annual assessment of $118.48; and
WHEREAS, the undersigned owner(s) do hereby consent to annexation into City of Poway
Landscape Maintenance (LIVID) 83 -1A, 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 Landscape Maintenance District (LMD) 83 -1A Engineer's Report,
and hereby acknowledges receipt of the landscaping 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.
EXECUTED ON
JU4 L , 2010, at , California.
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Property pwner (printed nam) Proper n er S(Zs�Fig� n ed name.i.) MS4R. 97L- &&J L
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Property Owner (printed name)
Approved as to form:
CITY ATTORNEY
Property Owner (signed name)
City of Poway
CITY MANAGER
p��„y Ri
City Hall Located at 13325 Civic Center Drive - -- —
Mailing Address: P.Q. Box 789, Poway, California 92074 -0789
www.poway.org
r.
6621
LEGAL DESCRIPTION
PARCEL A: APN: 214-651 -10 (PTN)
THAT PORTION OF THE SOUTIIDAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE ALONG THE
SOUTHERLY LINE OF SAID SECTION, NORTH 89 °19'00" WEST 151.96 FEET TO THE
SOUTHWEST CORNER OF LAND DESCRIBED IN DEED TO SAN DIEGO GAS & ELECTRIC
COMPANY, RECORDED APRIL 6, 1951 IN BOOK 4054, PAGE 374 OF OFFICIAL RECORDS;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 89 °19'00" WEST 1.266.72
FEET' THENCE NORTH 00 012'00" WEST 50.00 FEET TO THE BEGINNING OF A TANGENT
800.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 °15'00" A DISTANCE OF 254.82
FEET, THENCE TANGENT TO SAID CURVE NORTH 18 003'00" EAST, 270.00 FEET TO THE
MOST NORTHERLY CORNER OF LAND DESCRIBED IN DEED TO POWAY UNION SCHOOL
DISTRICT RECORDED MAY 5, 1961 AS FILE NO. 78017: THENCE ALONG THE
NORTHEASTERLY LINE OF SAID LAND SOUTH 71 057100" EAST 420.0 FEET TO THE
NORTHEASTERLY CORNER OF SAID SCHOOL DISTRICT LAND; THENCE SOUTH 0041'00"
WEST TO THE SOUTHERLY LINE OF SAID SECTION 1. AND THE TRUE POINT OF
BEGINNING; THENCE RETRACING NORTH 00 °41'00" EAST TO THE NORTHEASTERLY
CORNER OF SAID SCHOOL DISTRICT LAND; THENCE CONTINUING NORTH 0041'00" EAST
30.00 FEET TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO POWAY
UNIFIED SCHOOL DISTRICT RECORDED DECEMBER 9, 1968 AS FILE NO. 214757; THENCE
PARALLEL WITH THE SOUTHERLY LINE OF SAID SECTION 1, SOUTH 89 "19'00" EAST 720.00
FEET, MORE OR LESS, TO THE NORTHERLY PROLONGATION OF A LINE WHICH IS
PARALLEL WITH AND 20.00 FEET WESTERLY AT RIGHT ANGLES TO SAID LAND OF SAN
DIEGO GAS & ELECTRIC COMPANY; THENCE ALONG SAID PROLONGATION AND SAID
PARALLEL LINE SOUTH 01 000" EAST TO THE INTERSECTION OF THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF SAID LAND OF SAN DIEGO GAS &
ELECTRIC COMPANY; THENCE EASTERLY ALONG SAID PROLONGATION 20.00 FEET TO
THE NORTHWEST CORNER OF SAID LAND; THENCE SOUTH ALONG THE WESTERLY OF
SAID LAND TO THE SOUTHERLY LINE OF SAID SECTION 1, THENCE ALONG SAID
SOUTHERLY LINE NORTH 89°19'00" WEST 740.00 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, DISTANT ALONG SAID
SOUTH LINE 1418.68 FEET WESTERLY FROM THE SOUTHEASTERLY CORNER OF SAID
SECTION; THENCE NORTH 0 °124)0" WEST, 50.00 FEET TO THE BEGINNING OF A TANGENT
800.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 18 °15'00 ", A DISTANCE OF 254.82
FEET; THENCE TANGENT TO SAID CURVE, NORTH 18 °03'00" EAST, 270.00 FEET; THENCE
SOUTH 71 °57'00" EAST 420.00 FEET TO THE TRUE POINT OF BEGINNING.1TiENCE NORTH
0 041100" EAST 30.00 FEET TO THE SOUTHWESTERLY CORNER OF LAND DESCRIBED IN
DEED TO DOROTHY JEANNE APPLEBY, ET AL, RECORDED MARCH 29, 1962 AS DOCUMENT
6622
LEGAL DESCRIPTION
(continued)
NO. 52353 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID LAND,
EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID SECTION, A DISTANCE OF 500.00
FEET; THENCE SOUTH 0 041100" WEST TO SAID SOUTH LINE OF SECTION 1; THENCE
WESTERLY ALONG SAID -SOUTH LINE, 500.00 FEET TO A LINE WHICH BEARS SOUTH
0 °41'00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0°4100" EAST TO
THE TRUE POINT OF BEGINNING.
PARCEL B: APN: i4- 651 -I (PIN)
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
UNITED STATES GOVERNMENT SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, DISTANT ALONG SAID
SOUTH LINE 171.96 FEET WES'T'ERLY FROM THE SOUTHEAST CORNER OF SAID SECTION,
BEING THE POINT OF INTERSECTION OF THE WESTERLY LINE OF THE 20 FOOT
BASEMENT DESCRIBED IN DEED TO BUD MC FERON RECORDED AUGUST 10, 1953, IN
BOOK 4949, PAGE 335 OF OFFICIAL RECORDS; THENCE NORTHERLY AND
NORTHEASTERLY ALONG SAID WESTERLY LINE TO THE WESTERLY LINE OF THE
EASTERLY 66 FEET OF SAID SECTION; THENCE NORTHERLY ALONG SAID WESTERLY
LINE TO THE SOUTHERLY LINE OF THE NORTHERLY 60 FEET OF THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE WESTERLY ALONG
SAID SOUTHERLY LINE TO THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF
THE LAND DESCRIBED IN DEED TO THE POWAY UNION. SCHOOL DISTRICT RECORDED
MAY 5, 1961, AS DOCUMENT NO. 78017 OF OFFICIAL RECORDS; THENCE SOUTHERLY
ALONG SAID PROLONGATION TO A LINE WHICH IS PARALLEL WITH AND 30 FEET
NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID
SCHOOL DISTRICT AND THE TRUE POINT OF BEGINNING; THENCE RE"IRACING ALONG
SAID PROLONGATION NORTH 0 05423" EAST 306.14 FEET; THENCE PARALLEL WITH THE
SOUTH LINE OF SAID SECTION 1, SOUTH 89 °0537" EAST 707.02 FEET TO THE ABOVE
MENTIONED WESTERLY LINE OF THE 20.00 FOOT EASEMENT DESCRIBED IN DEED TO
BUD MC FERON; THENCE ALONG SAID WESTERLY LINE SOUTH 0 °46'47" PAST 360.29 FEET
TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 1 THROUGH THE TRUE POINT OF BEGINNING, THENCE ALONG SAID PARALLEL
LINE NORTH 89 005'37" WEST 716.03 FEET TO THE TRUE POINT OF BEGINNING
PARCEL B1:
AN EASEMENT AND RIGHT OF WAY FOR ROAD, SEWER, WATER, GAS, POWER AND
TELEPHONE LINES AND APPURTENANCES THERETO OVER, UNDER, ALONG AND ACROSS
A STRIP OF LAND 60 FEET IN WIDTH, LYING WITHIN THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN
BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF, SAID 60 FOOT STRIP LYING 40 FEET WESTERLY AND
NORTHEASTERLY OF AND 20 FEET EASTERLY AND SOUTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
M R
LEGAL DESCRIPTION
(continued)
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, DISTANT ALONG SAID
SOUTH LINE 171.96 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID SECTION,
BEING THE POINT OF INTERSECTION OF THE WESTERLY LINE OF THE 20 FOOT
EASEMENT DESCRIBED IN DEED TO BUD MC FERON, RECORDED AUGUST 10, 1953 IN
BOOK 4949, PAGE 335 OF OFFICIAL RECORDS; THENCE NORTHERLY AND
NORTHEASTERLY ALONG SAID WESTERLY LINE TO THE WESTERLY LINE OF THE
EASTERLY 86 FEET OF SAID SECTION; THENCE NORTHERLY PARALLEL WITH THE EAST
LINE OF THE SAID SECTION TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 1.
EXCEPTING THAT PORTION LYING WITHIN PARCEL B ABOVE DESCRIBED.
PARCEL B2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES
TOGETHER WITH THE RIGHT TO CONVEY TO THE SAME TO ANY PERSON OR PERSONS
OVER AND ACROSS A STRIP OF LAND 28.00 FEET IN WIDTH LYING ADJACENT TO AND
NORTHERLY OF THE NORTH LINE OF PARCEL B HEREIN ABOVE DESCRIBED. THE
EASEMENTS HEREIN DESCRIBED ARE HEREBY DECLARED TO BE APPURTENANT TO AND
FOR THE USE AND BENEFIT OF THE PRE
PORTION OF SAID PARCEL B. SENT AND FUTURE OWNERS OF ALL OR ANY