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Res 12-020 RESOLUTION NO. 12 -020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, OF ITS INTENTION TO SELL PROPERTY LOCATED AT 13202 POWAY ROAD WHEREAS, the City of Poway ( "City ") is the owner of the property located at 13202 Poway Road, Poway, identified by Assessor's Parcel Number 317 - 101 -49, and as more particularly described in Exhibit "A" ( "Property "); and WHEREAS, the City acquired the Property from the former Poway Municipal Water District upon the City's incorporation in 1980, and the resulting reorganization to eliminate the Poway Municipal Water District; and WHEREAS, the Property has been vacant for approximately two years, is not needed by the City for a municipal purpose now or in the foreseeable future, and the sale thereof would serve the public interest; and WHEREAS, sale of this Property would result in significant public benefits including revenues from the sale, return of the Property to the property tax rolls, and relief of any maintenance responsibilities by the City; and WHEREAS, California Government Code Section 37424, provides that when a City finds the public interest and convenience require the sale of any public building and site dedicated to a public use, it may adopt a resolution of its finding and intention to sell the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The City of Poway intends to hold a public hearing on June 5, 2012, at 7:00 p.m., or such time thereafter as the hearing may be called by the City Council, at the Poway Council Chambers located at 13325 Civic Center Drive, Poway, California, to consider the sale of property located at 13202 Poway Road, identified by Assessor's Parcel Number 317 - 101 -49, as more particularly described in Exhibit "A" ( "Property "). At the conclusion of the public hearing, the Poway City Council will take final action to approve the sale of the Property in a manner and on such terms and conditions as may be approved by the City Council. Section 2: At any time prior to the public hearing referenced above, any person interested may protest the proposed sale of the Property. The protest may be written and delivered to the City Clerk, or made orally at the public hearing. Section 3: Prior to the public hearing to consider the sale, this Resolution shall be published at least once in the Poway News Chieftain, and shall be posted for not less than ten days in at least three conspicuous places upon the Property. Resolution No. 12 -020 Page 2 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 15 day of May 2012. o P NI Don Higginson, Mayor ATTEST: • • a ' . Troyan, MMC, City Clerk 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. 12 -020 was duly adopted by the City Council at a meeting of said City Council held on the 15 day of May 2012, and that it was so adopted by the following vote: AYES: GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: BOYACK DISQUALIFIED: NONE 41111111111 nda A. Troyan, MMC, City Clerk City o` Poway Resolution No. 12 -020 Page 3 EXHIBIT "A" (LEGAL DESCRIPTION OF PROPERTY) ASSESSOR'S PARCEL NUMBER: 317 - 101 -49 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 14 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY BOUNDARY OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, BEING AN INTERSECTION WITH THE NORTHERLY RIGHT -OF -WAY OF POWAY ROAD, ACCORDING TO ROAD SURVEY 944; THENCE ALONG THE NORTHERLY RIGHT -OF -WAY OF SAID POWAY ROAD, NORTH 89° 08' 30" WEST 164.41 FEET; THENCE LEAVING SAID RIGHT -OF -WAY NORTH 01° 04' 39" EAST 61.34 FEET; THENCE SOUTH 88° 50' 38" EAST 165.04 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID BOUNDARY SOUTH 01° 40' 30" WEST 60.49 FEET TO THE POINT OF BEGINNING.