Res 12-023RESOLUTION NO. 12 -023
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA, AUTHORIZING THE SALE OF REAL
PROPERTY LOCATED AT 13202 POWAY ROAD IN ACCORDANCE WITH ANY
APPLICABLE PROVISIONS OF THE POWAY MUNICIPAL CODE AND STATE LAW
AND AUTHORIZING THE CITY MANAGER TO APPROVE DOCUMENTS AND
TAKE OTHER ACTIONS IN CONNECTION THEREWITH
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, on May 15, 2012, in accordance with California Government Code
Section 37423, the Poway City Council adopted a Resolution of Its Intention to Sell
Property Located at 13202 Poway Road;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as
follows:
Section 1: The Property is not needed for a municipal purpose now or in the
foreseeable future, and the sale of which would serve the public interest and provide
significant public benefits;
Section 2: The City Manager is authorized to sell the Property in accordance with
any applicable provisions of the Poway Municipal Code and State Law, for an amount not
less than fair market value as determined by an appraisal obtained by the City, or reject
any and all offers, and execute documents and take other actions necessary in connection
therewith.
Resolution No. 12 -023
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at
a regular meeting this 5th day of June, 2012.
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 -023 was duly adopted by the City
Council at a meeting of said City Council held on the 5th day of June, 2012, and that it was
so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON.
NOES: NONE.
ABSENT: NONE.
DISQUALIFIED: NONE.
Resolution No. 12 -023
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 010 04' 39" EAST 61.34 FEET; THENCE SOUTH
880 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 010 40'
30" WEST 60.49 FEET TO THE POINT OF BEGINNING.