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Covenant Regarding Real Property 1995-0516273 RECORDING REQUEST BY: CITY OF POWAY WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 No Transfer Tax Due ) ) ) ) ) ) ) ) l---:r ) . ) . I) : ) ~c " 1995-0516273 1~-NOV-1995 08-50 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY SMITH. COUNTY RECORDER RF: 18.00 FEES: AF: 27. 00 MF: 1. 00 46.00 1404 (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Watk!;,:; Tcrmi:-.::Is, Ir.::., A Georgia Cmpo~atlon ("OWNER" here;n~fter) is the owner of real property described in Exhibit A which Is attached hereto and made a part hereof and which Is commonly known as Assessor's Parcel Number 317-280-62 portion rPROPERTY" hereinafter). In consideration of the approval of Development Review 95-13 and Variance 95-08, Watkins Terminals, Inc. by the City of poway rCITY" hereinafter), OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B). This Covenant shall run with the land and be binding upon and inure to the benefit of the future owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the respective parties. In the event that Development Review 95-13 and Variance 95-08, Watkins Terminals, Inc. expires or Is rescinded by City CouncU at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY. If either party is required to incur costs to enforce the provisions of this Covenant, the prevailing party shall be entitled to full reimbursement of all costs, Including reasonable attorneys' fees, from the other party. The CITY may assign to persons Impacted by the performance of this Covenant the right to enforce this Covenant against OWNER. Da:ed: //- 1-'l( Dated: 9- c::?cc- '7;:"- CITY OF POWAY By: PJ~ tu~jj - if~. CALIFORNIA ALL.PURPOS~ ACKNOWLEDGMENT ! .,,- No 5907 State of GEORGIA County of FULTON On NOVEMBER 7. 1995 DATE before me, DIANE BAKER WORSHAM. NOTARY PDBLIC NAME, TITLE OF OFFICER - E.G" "JANE DOE. NOTARY PUBLIC" personally appeared GEORGE W. READY. JR TRF.ASURER NAME(S) OF SIGNER(S) [j personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. C'\; C\\'M ~~ \JJ~C\.1'(Y"' . ~"O!M'd?fAIIi\rtUounly, G-vIa MyCommIoolonExplr""M8y31.1_ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent traudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER o INDIVIDUAL !]I CORPORATE OFFICER TREASURER DESCRIPTION OF ATTACHED DOCUMENT COVENANT REGARDING REAL PROPERTY TITLE OR TYPE OF DOCUMENT TITLE(S) o PARTNER(S) o LIMITED o GENERAL 2 NUMBER OF PAGES o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: 11-7-95 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTI1Y(IES) WATKINS TERMINALS. INC SIGNER(S) OTHER THAN NAMED ABOVE @1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184 '\, '" MER I ~':.. .. c ,. ~ .~ ~ . 1406 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 14 SOUTH, RANGE 2 WEST, IN THE SAN BERNARDINO MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 8, 1993 AS FILE NO. 1993-0436552 OF OFFICIAL RECORDS, MORE PARTICULARLY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION 24, NORTH 87021' 18" WEST, 1354.52 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE DEPARTING SAID SOUTHERLY LINE ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24, NORTH 0008'03" WEST, 1310.44 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF CITY OF POWAY TRACT 87-13 PER MAP NO. 12556, RECORDED FEBRUARY 8, 1990 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 87039' 01" EAST, 873.79 FEET; THENCE DEPARTING SAID SOUTHERLY BOUNDARY SOUTH 0028'48" WEST, 563.45 FEET; THENCE SOUTH 89031'12" EAST, 235.00 FEET; SOUTH 0028'48" WEST, 368.50 FEET; THENCE SOUTH 89031'12" EAST, 252.56 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 24; THENCE ALONG SAID EASTERLY LINE SOUTH 0028'46" EAST, 401.13 FEET TO THE POINT OF BEGINNING. EXHIBIT A 1407 RESOLUTION NO. P-95-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING DEVELOPMENT REVIEW 95-13 AND VARIANCE 95-08 ASSESSOR'S PARCEL NUMBER 317-280-62 portion WHEREAS, Development Review 95-13 and Variance 95-08, was submitted by Watkins Terminals, applicant, for approval of the construction of a 13,100 square foot facility with a 40 door truck terminal and office along with a variance to allow light standards of 35 feet in height on a six acre site located on the northeast corner of Tech Center Drive and Kirkham Way within the Light Industrial land use designation of the South Poway Specific Plan; and WHEREAS, on September 26, 1995 the City Council held a hearing on the above-referenced item. NOW, THEREFORE, the City Council does hereby resolve as follows: Section 1: Environmental Findinas: The previously certified Final Environmental Impact Report (EIR) for the South Poway Specific Plan adequately addresses the potential environmental impacts of the proposed development. Section 2: DeveloDment Review Findinas: 1. The approved project is consistent with the South Poway Specific Plan and the general plan in that a truck terminal is a permitted land use within the Light Industrial land use designation. 2. That the approved project will not have an adverse aesthetic, health, safety, or architecturally related impact upon adjoining properties in that the desi9n of the building for the intended purpose conforms to the criteri a of the South Poway Development Standards and will be compatible with current and future buildings in the vicinity. 3. That the proposed development encourages the orderly and harmonious appearance of structures and property within the City in that the architecture incorporates features provided for in the South Poway Development Standards. Section 3: Variance Findinas 1. The approved project is consistent with the South Poway Specific Plan and the general plan in that it proposes the construction of a building and light standards within a site that is designated for light industrial use. The allowance of high pressure sodium lights for the terminal yard area is consistent with Goal I, Policy I and Strategy 2 of the Poway General Plan in that these lights will not adversely affect the rural character of the community due to the EXHIBIT B 1408 Resolution No. P-95-54 Page 2 truck terminal being located within the business park and due to the design of the lights to be shielded, directed downward and have zero cutoff. , 2. That there are special circumstances applicable to the property, or the intended use of the property, and because of this, the strict application of the South Poway Development Standards deprives the property of privileges enjoyed by other properties in the vicinity under identical land use designations. The special circumstances are that uniform lighting is essential for the safe operation of vehicular activities. The lighting source needs to be higher than ordinance requirements of 25 feet to achieve uniform lighting over the wide expanses of the site during night and early morning hours of this 24 hour per day truck terminal. That granting the variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use designation for which the variance is sought, in that complete and safe use of the property requires higher light fixtures. 3. 4. That granting the variance or its modification will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use designation in which the property is located. Granting of the variance will create a safer environment with less chance of injuries to property. 5. That the granting of this variance does not constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and land use designation in that the property is located within the business park with numerous night lighting sources, including the Sports Park and parking lot lights of existing businesses. 6. That the granti ng of thi s variance does not all ow the use or activity which is not otherwise expressly authorized by specific plan development standards governing the parcel or property in that the approved project is the installation of 35 foot high light standards for a light industrial use in the South Poway Specific Plan. Section 4: Citv Council Decision: The City Council hereby approves Development Review 95-13 and Variance 95- 08 subject to the following conditions: 1. Within 30 days of approval (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. .__.__.._._~- ----- 1'09 Resolution No. P- 95-54 Page 3 COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES. SITE DEVELOPMENT 1. Site shall be developed in accordance with the approved site plans on file in the Planning Services Department and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Services Department prior to issuance of building permits. The building color of the office and terminal and the materials for the office shall be compatible with other bu il dings wi th i n the bus i ness park and be approved by the Di rector of Planning Services. 3. Approval of this request shall not waive compliance with all sections of the South Poway Specific Plan, Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4. Trash and recycling receptacle shall be enclosed by a six foot high masonry wall wi th vi ew-obstructi ng gates pursuant to City standards. Location and dimensions shall be subject to approval by the Planning Services Department. 5. All roof appurtenances, including air conditioners, shall be architecturally integrated, screened from view and sound buffered from adjacent propert i es and streets as requi red by the Pl anning Servi ces Department. 6. The applicant shall comply with the latest adopted Uniform Building Code (UBC), Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Uniform Fire Code, and all other applicable codes and ordinances in effect at the time of building permit issuance. 7. Vinyl-coated chain link fencing of seven feet in height topped with one foot vee barbed wire is to be installed along the east and north property lines and the Kirkham Way frontage. Vinyl-coated chain link fencing is also to be used for the rolling gates at the two entrances to the terminal area. 8. For each new commercial or industrial development, the applicant shall pay Permit, Plan Check and Inspection Fees and School Fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, School Fees, Water and Sewer Service Fees. 9. This Development Review approval includes the expansion of the dock area by a further twenty doors and related site improvements as shown on the Architectural Site Plans dated 8/11/95 & 9/15/95; the expansion shall conform to the architecture of the initial phase and shall be subject to the payment of any additional fees that are based on the square footage of the building expansion area. 1110 Resolution No. p- 95-54 Page 4 10. The Watkins Terminal Manager shall meet with City staff within thirty days of City Council approval to work out the truck routes for through traffic. Local deliveries are exempt from the truck routes. 11. Repair or replace any metal panels for the truck terminal within 30 days of notification by the Planning Services Department of the need for such repair or explain why additional time is required, e.g. metal panels on back order. Notify the Planning Services Department on an annual basis of any proposed repair or replacement of metal panels initiated by Watkins Trucking. 12. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. PARKING AND VEHICULAR ACCESS 1. All front parking lot landscaping shall include a minimum of one 15 gallon size tree for every three spaces. For parking lot islands, a minimum 12 inch wide walk adjacent to parking stalls shall be provided and be separated from vehicular areas by a six inch high, six inch wide portland concrete cement curb. 2. Parking lot lights shall be shielded low pressure sodium, directed downward, have zero cutoff and a maximum height of 25 feet. Terminal yard lights are allowed to be high pressure sodium, directed downward, have zero cutoff and a maximum height of 35 feet. 3. The truck terminal yard lot fixtures shall be pole mounted, 35 feet maximum height, above finished grade of the parking surface. 4. All parking spaces shall be double striped. 5. The parking layout shall comply with the Americans with Disabilities Act (ADA), i.e. 1:25 ratio for accessible spaces with at least one van accessible space designated. 6. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum of 24 feet wide emergency access shall be provided, maintained free and clear at all times during construction in accordance with Safety Services Department requirements. LANDSCAPE I"PROVE"ENTS 2. Complete landscape construction documents shall be submitted to and approved by the Planning Services Department prior to the issuance of building permits. Plans shall be prepared in accordance with City of Poway Guide to Landscape Requirements (latest edition). Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway Guide to Landscape Requirements and shall be planted at an average of 30 feet on center spacing along all streets. 1. h.dolution No. P_ 95-54 Page 5 t411 3. landscaped areas within the adjacent public right-of-way, as well as private street easements, shall be permanently and fully maintained by the owner. Landscape screening on the outside of the vinyl-coated chain link fencing along the south side shall be provided by planting of sufficient vines, climbing ivy, shrubbery and/or trees of an acceptable density to ensure adequate screening within one year of planting. landscaping on the north and east side of the chain link fencing is not required until such time as final grading occurs on the adjacent land. 4. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Unnatural or excessive pruning, including topping, is not permitted. SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, Approved Grading/Private Improvement Plan and Soils Report, and the South Poway Planned Community Development Standards. 2. A soils report shall be prepared by a qualified engineer licensed by the State of Cal ifornia to perform such work at first submittal of a grading/private improvement plan. 3. The grading/improvement plan prepared on standard size sheets at 20 scale by a registered civil engineer shall be subject to review and approval by the Planning Services and Engineering Services Departments and shall be completed prior to issuance of a grading permit. 4. A pre-blast survey of surrounding property shall be conducted to the satisfaction of the City Engineer prior to any. rock blasting. Seismic recordings shall be taken for all blasting and blasting shall occur only at locations and levels approved by the City Engineer. 5. All new temporary cut slopes shall be a minimum of 1 3/4:1 (horizontal to vertical).. All new fill slopes shall be a minimum of 2:1 (horizontal to vertical). 6. A final compaction report shall be submitted and approved prior to issuance of building permits. 7. Site grading shall be certified by the project civil engineer prior to issuance of building permits. B. Buildings and parking lots shall be at least five feet from tops and toes of slopes. R~Jolution No. p-95-54 Page 6 1412 STREETS AND SIDEWALKS 1. All parking lot structural sections shall be submitted to and approved by the City Engineer. Pavement sections shall conform to the minimum required by the Poway Municipal Code Section 12.20.080. 2. Exterior street improvements are to be constructed by the developer of the adjacent parcel. The developer is to execute a covenant for their construction with the development of the adjacent parcel. 3. Private improvements that include, but are not limited to: .....!- Sidewalks -L Dri veways .....!- Wheel chair ramps --X-- Curb and gutter --X-- Cross gutter --X-- Parking Lot Paving shall be shown on the grading/private improvement plans and shall be constructed prior to occupancy to the satisfaction of the City Engineer. 4. All damaged off-site public works facilities, including parkway trees, shall be repaired or replaced prior to exoneration of bonds and improvements, to the satisfaction of the City Engineer. 5. Prior to any work being performed in the public right-of-way, a right-of- way permit shall be obtained from the Engineering Services Office and appropriate fees paid, in addition to any other permits required. 6. Driveways shall have a minimum width of 30 feet and shall be designed as an alley apron with ten foot minimum radius. Where driveways are adjacent to sidewalks, pedestrian ramps shall be required. 7. Existing settlement monuments shall be identified on the grading/private improvement plans and protected during construction. Monuments shall be permanently protected or relocated when they conflict with the permanent improvement. S. Street improvements shall include curb, gutter, paving, street lights, underground utilities, striping, and traffic control devices. DRAINAGE AND FLOOD CONTROL 1. A drainage system capable of handling and disposing of all surface water originating within the property and all surface waters that may flow onto the property from adjacent lands, shall be required. This drainage system shall incl ude any easements and structures as required by the City Engineer to properly handle the drainage, and it shall conform to the previous studies done for the business park. 2. Portland cement concrete cross gutters shall be installed where water crosses the roadways. 3. Concentrated flows across driveways and/or sidewalks shall not be permitted. Re~_jution No. P- 95-54 Page 7 On-site drainage shall connect to the existing stub unless otherwise141J approved by the City Engineer. UTILITIES 4. 1. All proposed utilities within the project shall be installed underground. ... 2. Utility easements shall be provided to the specification of the serving utility companies and the City Engineer. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities, as required. 4. Water, sewer, and fire protection systems plans shall be designed and constructed to meet requirements of the City of Poway and the County of San Diego Department of Health. 5. The applicant shall pay for a water system analysis to establish the proper size and location for the public water system. The amount will be determined by the cost of the analysis and shall be paid upon demand by the City. Estimated amount is $2,800.00. 6. Existing telephone, gas, electric, and all other public utilities and appurtenances shall be shown on the grading/private improvement plans. 7. All on-s i te water mai ns shall be pub1 ic. A 20 foot easement shall be dedicated to the City over public water mains prior to occupancy. 8. All on-.site private sewer mains shall be constructed to standards for public sewers and shown on the grading/private improvement plans. 9. Improvement plans for the on-site water mains shall be prepared on standard size sheets at 20 scale, signed by a registered civil engineer, and submitted to the City for approval. The plans must be signed prior to issuance of a building permit. 10. Prior to acceptance of property for sewer service, annexation to the sewer improvement area shall occur. II. Prior to occupancy, the sewer and water systems serving the project shall be installed to the satisfaction of the City Engineer. GENERAL REQUIREMENTS AND APPROVALS 1. Should this subdivision be further divided, each final map shall be submitted for approval by the City Engineer. 2. All provisions of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. 3. Prior to final map approval, all dedications shall be made and easements granted as required above. 4, This approval is based on the existing site conditions represented on the proposed site plan and grading/private improvement plan. If the actual condjtions vary from those representations, the site plan must be changed to reflect the actual conditions. Any substantial changes to the site ------'--- R~~~lution No. P- 95-54 Page 8 plan must be approved by the Director of Planning Services and the City 1414 Engineer and may require approval of the City Council. 5. The following development fees shall be paid to the Engineering Services Department prior to building permit issuance. These fees are currently in effect and are subject to change. Sewer connection $8,246 Sewer Cleanout $50 Sewer Inspection $25 Water Meter $1,775 (2" size compound) County Water Authority $7,597 Water Base Capacity $16,694 6. The following fee shall be paid to the Engineering Services Department prior to issuance of a Certificate of Occupancy: Traffic Mitigation $4,106.85 Drainage and park fees are to be paid by the developer at a later date. the developer is to execute a covenant for thei r payment wi th the development of the adjacent parcel. 7. An on-site reclaimed water system shall be sized and installed for landscaping and irrigation to the satisfaction of the City Engineer. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES. 1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. 2. The buildings shall display their numeric address in a manner visible from the access street. Minimum size of the building numbers shall be 18 inches on the front facade of the building. Building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff's Dept. - ASTREA criteria. 3. Every building hereafter constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius capable of supporting the imposed loads of fire apparatus having a minimum of 13'6" of vertical clearance. The road surface type shall be approved by the City Engineer, pursuant to the City of Poway Municipal Code (P.M.C.). 4. The building owner will be required to install an approved fire sprinkler system, meeting P.M.C. requirements. The building sprinkler system shall be designed to meet a minimum .33/3000 design density at the roof. The entire system is to be monitored by a central monitoring company. System post indicator valves with tamper switches, also monitored, are to be located by the City Fire Marshal prior to installation: Rh...lution No. P- 95-54 1"1!1: Page 9 ~ ~ 5. A 'Knox' Security Key Box shall be required for the building at a location determined by the City Fire Marshal. A 'Knox' padlock shall be required for the fire sprinkler system Post Indicator Valve. 6. Fire Department access for use of fire fighting equipment shall be_. provided to the immediate job construction site at the start of construction and maintained at all times until construction is completed. 7. Permanent access roadways for fire apparatus shall be designated as 'Fire Lanes' with appropriate signs and curb markings. 8. Minimum 4A:60BC fire extinguisher required for every 3000 square feet and 75' travel distance. (Terminal area) Minimum 2A:I0BC fire extinguisher required for every 3,000 square feet and 75 feet of travel distance for B- 2 area. 9. The applicant shall provide a detail plan for all storage areas and a complete racking plan. 10. The addition of on-site fire hydrants is required. The location of the hydrants shall be determined by the City Fire Marshal. 11. Material Safety Data Sheets shall be required for all hazardous and/or toxic substances used in each building. 12. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be filed with the County of San Diego Department of Health and copies provided to the Fire Department. 13. Prior to delivery of combustible building material on site, water and sewer systems shall satisfactorily pass all required tests and be connected to the public water and sewer systems. In addition, the first lift of. asphalt paving shall be in place to provide adequate, permanent access for emergency vehicles. The final lift of asphalt shall not be installed until all other construction activity has been substantially completed to the satisfaction of the City. 14. All driveways in excess of 150 feet in length shall be provided with approved turnarounds. 15. N.F.P.A. Standard 704, Hazardous Materials Labeling, shall be provided as necessary throughout the building. 16. Propane dispenser storage must observe a 10 foot setback from the property 1 ine and a three foot separation for multiple containers with tank capacities greater than 500 gallons. Consult Uniform Fire Code Table 82.104A. COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC SERVICES. 1. The subject project has no landscape Maintenance District (lMD) landscape requirements. The property is annexed into the Landscape Maintenance District (LHD 87-1) and is subject to LMD assessments. Current assessments for this property are based on $790 per net acre. Resolution No. P-95-54 Page 10 1416 2. This property is currently within the City Lighting District. Assessments will increase according to land use once developed. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 26th day of September, 1995. ~ \~ ~ . ~on 1991nSO~~ayoO ATTEST: . nfL....-L.<. ~ 7\)c,-*-,) t.. MarJorie-K. Wa sten, City Clerk I hereby certify, under the penalty 01 perjury, that the above and foregoing is a true and correct copy of Resolution No.P-'7'5"-~ liS adopted by the City Counc~ of Poway, California on the .'}{{x. - day of 4,X;;;M'/, 19~. I MARJORIE K. W AHLSTEN, CITY CLERK by~ 2:/~ 12'>'1:; Resolution No. P- 95-54 Page 11 141'1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ) 55. ) I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby certify, under the penalty of perjury, that the foregoing Resolution, No. P-~5-54 , was duly adopted by the City Council at a meeting of said City Council hel on the 26th day of SeDtember , 1995, and that it was so adopted by the following vote: AYES: CAFAGNA, CALLERY, EMERY NOES: REXFORD ABSTAIN: HIGGINSON ABSENT: NONE o:\c;ty\planning\roport\dr9513.ro.