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Covenant Regarding Real Property 1994-0276111 CITY OF POWAY ) ) ) ) ) ) ) ) ) ) ) ) 1975 rQ~ U 1994-0276111 26-APR-1994 oa=17 AM OFFICIAL RECORDS SAN DIEGO COUHTY RECORDER'S OFFICE GREGORY SMITH, COUHTY RECORDER RF: 16. 00 FEES: AF: 27.00 MF: 1. 00 44. 00 RECORDING REQUEST BY: WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY POBOX 789 POWAY CA 92074-0789 No Transfer Tax Due (This space for Recorder's Use) COVENANT REGARDING REAL PROPERTY Herrick Development, Inc., a California Corporation i"OWNER" hereinafter) 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 317-500-87 ("PROPERTY" hereinafter). In consideration of the approval of Tentative Tract Map 94-01. Variance 94-01 and Development Review 94-06 by the City of Poway ("CITY" hereinafter). OWNER hereby covenants and agrees for the benefit of the CITY, 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 In the event that Tentative Tract Map 94-01, Variance 94-01 and Development Review 94-02 expires or is rescinded by City Council at the request of the OWNER, CITY shall expunge this Covenant from the record title of the PROPERTY.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. Dated: ~-d- 7<;.< . ~&u~ ~. 4-::: ~ HERRICK DEVELOPMENT INC., A CALIFORNIA CORPORATION OWNER (Notarize) CITY OF POWAY Dated: April 5, 1994 By: ~ w~~t/~~ CALlr;-O~NtA ALL.~URPOSE ACKNOWLEDGMENT State of U1} mi ~ } County of 2O.n. '-J)'/ ~ ~ . On 4-1 !ATEq Lj before me'~N~r~F6 ICER~::~~'N~~~~::i Puli( 1976 personally appeared NAME(S) OF SIGNER(S) 'ApersOnally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).@afe- subscribed to the within instrument and ac- knowledged to me that~ReARey executed the same in !!2/h'H/tAeir authorized capacity(ies), and that by ~er:tAeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . & ~ ~ ~ - ~ - ~ & ~ ~ . &1 I @ DEIIORAHGRASSI - , COMM. # 987047 Z i .,..; Notary Plblic - California ~ . . SAN DIEGO COUNty :J . My Cornm. ExpI<es APR 9. 1991 J...... ..... .... .... ~ ..... .... ..... - ~ .... .... ..... THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: WITNESS my hand and oflicial seal. 'J>~~ J~~ SIGNATURE~OTAAY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES ,.;2, No. 5193 - OPTIONAL SECTION - CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL ~r1r~F;I~(S) TITLE({f'-- D PARTNER(S) D LIMITED D GENERAL D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PEASO (5) OR ENTITY(~~ . (i Vk:..IO Though the data requested here is not required by law, it could prevent fraudulent reattachment of this Iorm. SIGNER(S) OTHER THAN NAMED ABOVE @1992 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. Canoga Part<, CA 91309-71 19'1'( TITIB '10 'mE ES'I'M'E CR IN.._.' IN 'DiE 1MID ISVES'l'ED IN: Herrick DeYalopnBnt, IrKJ., a C'.oolif'onUa Cb:I.........t1.CrI 'niE LA'!!) ""'" """""'"' TO IN 'DUS FOLIC\( IS IJI!:SaUBBD AS 1"OI.LCMS: PatceJ. 1088 8h::Jwn on ~d of Survey Map~. 4704, in ti19 C1ty of ~, COJnty of .San D:1egc, State of Celifom1a, filed .in UIe Offi09 of the O:ur'lty ~<Jer of Ben Diego Ccunty, J\n! 19, 1958, ~ a port:f.m oe UIe SOuttMtst Quarter of UIe SoJtheest \).Iertar of Seot1on 14, ~ 14 South, Pm1ge 2 West, San E!I!II:na1:d1ro !om'1d1sn, in the Ca.1nty of San D1e!;I:1; state of Colifomia, ~ therefran tfY! ~ly 140.00 fee1: t!...,;eof. ~ tl.e.:et::Lv~ en 9891M....l I!II'D Tight of M!y for zoad, sewer, \\'a1;ler, gas, ~ ~ t:elephcna :u.r- and ~ t:MxetD 0II9r. urxm-, along and 8CrOS8 the Easterly 16.00 fEI6t ~f. EXHIBIT A 1978 RESOLUTION NO. P-94-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING TENTATIVE TRACT MAP 94-01, VARIANCE 94-01, AND DEVELOPMENT REVIEW 94-02 ASSESSOR'S PARCEL NUMBER 317-500-87 WHEREAS, Tentative Tract Map 94-01, hereinafter "Map" and Variance 94-01 and Development Review 94-02, submitted by Herrick Development, applicant, for the purpose of subdividin9 real property situated in the City of Poway, County of San Diego, State of California, described as Parcel 10 as shown on Record of Survey Map No. 4704, in the City of Poway, County of San Di ego, State of California, being a portion of the southwest quarter of the southeast quarter of Section 14, Township 14 South, Range 2 West, San Bernardino Meridian in the County of San Diego, State of California, excepting therefrom the northerly 140 feet thereof; WHEREAS, the Director of Planning Services has recommended approval of the project subject to all conditions set forth in the Planning Services report; and WHEREAS, the City Council has read and considered said report and has considered other evidence presented at the public hearing. NOW, THEREFORE, the City Council does hereby resolve as follows: . Section 1: Environmental Findinqs: The City Council finds that the project will not have a significant adverse impact on the environment and hereby issues a Negative Declaration with Mitigation Measures. Section 2: Findinqs: Tentative Tract Map 94-01 1. The proposed project is consistent with the general plan. 2. The tentative tract map is consistent with the General Plan in that single-family housing is proposed for development. 3. The design or improvement of the tentative tract map is consistent with all applicable general and specific plans; in that improvements adhere to the development of the City of Poway Zoning Ordinance and the Subdivision Ordinance. 4. The site is physically suitable for the type of development proposed; in that the site is fairly level and can accommodate the number of lots proposed. - 5. The site is physically suitable for the density of the development proposed. The site will be developed in confDrmance with density criteria of the RS-7 lone. EXHIBIT B 1979 Resolution No. p- 94-19 Page 2 6. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or other habitat; in that the site is presently developed with a single family residence. 7. The tentative tract map is not likely to cause serious public health problems because City water and sewer systems will be provided to the new parcels. Low flow plumbing fixtures will be required throughout future buildings on the site. Landscaping plans ~ill eventually be prepared with minimal water consumption and incorporating low volume irrigation techniques for trees and shrubs. 8. The design of the tentative tract map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision. Variance 94-01 1. There are special circumstances applicable to the property (size, shape, topography, location, or surroundings), or the intended use of the property, and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classifications. The property is encumbered by a 16 foot private road easement along the easterly property line which decreased the developable portion of the property and limits how the project can be designed. While the property can accommodate a subdivision design having flag lots, which complies with City standards, the most acceptable map design requires lot depth, rear yard, street width and design variances, as well as a variance to allow all of the units to be two story to achieve a functional amount of living area. 2. Grant i ng the vari ance, or its modifi cat i on, is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the variance is sought in that a majority of the residentially developed lots in the area are conventionally configured with single family homes fronting on public or private streets. 3. 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 zone in which the property is located, in that a home of standard width and depth can still be constructed on each lot and will not diminish the standards of public health, safety, or welfare to the surrounding properties. 4. The granting of this variance does not constitute a special privilege inconsistent with the limitations upon other properties in 1980 Resolution No. P-94-19 Page 3 the vicinity and zone in which such property is situated, in that another residential development in the City with the same zoning have been approved for similar variances. 5. The granting of this variance does not allow a use Dr activity which is not otherwi se expressly authori zed by the zoni ng regul at ion governing the parcel of property. 6. Granting the variance or its modification will not be incompatible with the Poway General Plan. Section 3: Citv Council Decision: The City Council hereby approves Tentative Tract Map 94-01, Variance 94- 01, ~nd Development Review 94-02 subject to the following conditions: Within 30 days of approval (I) the applicant shall submit in writing that a 11 condit ions of approval have been read and understood; and (2) the property owner shall execute a Covenant on Real Property. I APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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. 3. Approval of this request shall not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of building permit issuance. 4. The applicant shall comply with the latest adopted Uniform Building Code, 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. 5. A six foot high sol id wood fence or decorative block wall shall be constructed to enclose the side and rear yard areas of each lot prior to certificate of occupancy. 6. Prior to any use of the project site or business activity being commenced thereof, all conditions of approval contained herein shall be completed to the satisfaction of the DirectDr Df Planning Services. - 1981 Resolution No. P- 94-19 Page 4 7. For a new residential unit(s), the applicant shall pay development fees at the established rate. The following fees, including but not limited to, traffic mitigation, drainage, water base capacity, and park shall be paid or secured prior to final map approval. If secured, these fees must be paid in full prior to occupancy. Permit and plan checking fees shall be paid upon submittal of map, improvement, and/or grading plan, as applicable. Sewer annexation, street light energy charges, and fire protection fees must be paid in full prior to scheduling of final map for City Council approval. All other fees, including but not limited to, school, water service fees, remai ni ng sewer connect ion, sewer c 1 earnout and sewer inspect i on fees sha11 be paid prior to building permit issuance. 8. This approval shall become null and void if building permits are not issued for thi s project within two years from the date of project approval. Appl ication for time extension must be received at least 90 days prior to expiration. I 9. Building height shall not exceed two stories or 35 feet, whichever is less. 10. All lots are subject to Lighting District policies. Lighting District Assessments will change from Zone B to Zone A for all parcels within the subdivision. LANDSCAPING 1. All graded slopes greater than five feet in height shall be landscaped and irrigated, and those three feet or greater shall be planted, in accordance with adopted Poway Landscape Standards. 2. The development shall be annexed into Landscape Maintenance District 86- 03A to the satisfaction of the Public Services Department. 3. A detailed landscape and irrigation plan shall be submitted to and approved by the Pl ann i ng Servi ces Department prior to the issuance of building permits. 4. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the City of Poway ordinance and shall be planted at an average of every 30 feet on i nteri or streets and 20 feet on exteri or streets. 5. A 11 1 andscaped areas shall be ma i nta i ned in a healthy and tliri vi ng condition, free from weeds, trash, and debris. 1982 Resolution No. P-94~19 Page 5 SIGNS Any signs proposed for this development shall be designed and approved in conformance with the Sign Ordinance. ADDITIONAL APPROVALS REQUIRED 1. The developer shall display a current Zoning and Land Use Map, or suitable alternative, in the sales office at all times, to the satisfaction of the Director of Planning Services. 2. All sales maps that are distributed or made available to the public shall include but not be limited to trails, future and existing schools, parks, and streets. *3. The develDper shall contract to have an archaeologist monitor grading and excavation activity at the project. Upon completion of the monitoring program, a brief report shall be filed with the Planning Services Department describing the process and any pertinent discoveries which may be made. 4. The developer shall set ~side 15 percent of the new lots for low income housi ng and shall be subject to a restri ct i on on the face of the map providing such set aside. An in-lieu fee has been adopted by the City Council and the developer may opt to pay an in-lieu fee at the established rate in place of setting aside 15 percent of the units for low income housing. This fee shall be paid prior to building permit issuance. APPLICANT SHALL CONTACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance, approved grading plan and geotechnical report, and accepted grading practices. 2. The grading plan shall contain a certificate signed by a registered civil engineer that the grading plan has preserved a minimum of 100 square feet of solar access for each dwelling unit and for each future building site within the subdivision. 3. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 4. A geological report shall be prepared by a qual ified engineer or geologist and submitted at the time of application for grading plan check. 5. The final grading plan, prepared on a standard sheet of mylar, shall be 1983 Resolution No. P-94-19 Page 6 subject to review and approval by the Planning and Engineering services Departments and shall be completed pri or to recordation of the fi na 1 subdivision map or issuance of building permit, whichever comes first. 6. A pre-blast survey of the surrounding property shall be conducted to the satisfaction of the City Engineer prior to any rock blasting. A blasting permit shall be obtained from the Engineering Services Department 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. 7. All new slope shall be a minimum of 2:1 (horizontal to vertical). 8. A final compaction report shall be submitted and approved prior to issuance of building permits. g. A certification of line and grade, prepared by the project civil engineer, shall be submitted prior to issuance of building permits. 10. Buildings and parking lots shall be at least five feet from tops and toes of slopes, unless waived by Planning and/or Engineering Services Departments prior to grading permit issuance. f 11. If pad elevation increase by greater than two feet in height from those approved on the tentative map or on the schematic grading plan used as a basis of approving the project, City Council approval will be required prior to grading permit issuance. 12. Non-supervised or non-engineered fill is specifically not allowed. Rock disposal areas shall be graded in compliance with City-approved soils investigations and recommendations and grading plans. 13. Erosion control, including but not limited to desiltation basins, shall be installed and maintained from Oct. 15th to April 15th. An erosion control plan shall be prepared by the project civil engineer and shall be submitted as part of the gradi ng plan. The devel oper shall make provisions to insure the proper maintenance of all erosion control devices throughout their intended life. STREETS AND SIDEWALKS 1. All interior and exterior streets shall be constructed to City standards and specifications. A thirty-three foot private road easement for the interior access street shall for the benefit of the new lots shall be granted on the final map. 2. All street structural sections shall be submitted tD and approved by the Director of Engi neeri ng Servi ces Department prior to improvement pl an approval. ~-~,~. -'."'~'-'.,... 1984 Resolution No. P- 94-19 Page 7 3. Improvement pl ans for streets and any other publ i c ut il i ty 1 i nes, prepared on standard sheets of mylar by a Registered Civil Engineer shall be submitted for approval by the Director Of Engineering services Department. Plan check and inspection fees shall be paid by the developer. 4. A Standard Agreement for the Construction of Public Improvements shall be executed by the developer prior to map approval, or prior to building permit issuance, whichever comes first. Appropriate securities shall also be posted with the submittal of the Standard Agreement to the Engineering Services Department. 5. All street and any public improvements as noted in the Standard Agreement for Construction of Public Improvements shall be constructed within the time limit imposed in said agreement, to the satisfaction of the Director of Engineering Services. 6. Street improvements to the north half of Oak Knoll Road and the private on site road shall include, but are not limited to sidewalk, curb and gutter, driveways, wheelchair ramps, striping and signing, alley gutter, and street paving. I Street improvements and maintenance shall be made in accordance with City Ordinance standards for dedicated urban streets. 7. . All damaged off-site public works facilities, including parkway trees, shall be repaired and replaced prior to exoneration of bonds and improvements, to the satisfaction of the Director of Engineering Services. 8. The developer shall acquire an encroachment permit for any private improvements placed within the public right-of-way. 9. Pri or to any work performed in the publ i c ri ght-of-way or C ity-hel d easements, a right-of-way permit shall be obtained from the Engineering Services Department and appropriate fees paid, in addition to any permits required. 10. Private street improvement plans shall be processed as a grading plan. Said plans shall be prepared on standard sheets of mylar by a Registered Civil engineer and shall be submitted for approval by the City Engineer. Pl an check and inspect i on fees sha 11 be pa i d by the developer. The grading plan shall be approved and securities posted prior to final/parcel map approval or building permit issuance, whichever comes first. The securities shall be posted with a standard agreement which requires the developer to construct the facilities within two years of execution of the agreement Dr prior to building permit issuance, whichever comes first. The security, for performance, shall be 100% of the CDSt estimate approved by the City Engineer. The requirement for a 50% payment and 10% warranty securities is waived due to the fact that this is not a _public improvement. 1985 Resolution No. P- 94-19 Page 8 11. A monumentation bond in an amount acceptable to the City Engineer shall be posted prior to final map approval. 12. The existing egress and ingress easement along the easterly 20 feet of the property may be reduced to 16 feet in width. DRAINAGE AND FLOOD CONTROL 1. Intersection drains shall be required at locations specified by the Director of Engineering Services Department and in accordance with standard engineering practices. 2. A drainage system capable of handl ing and disposing all surface water origjnating within the project, and all surface waters that may flow onto the project from adjacent lands, shall be required. Said drainage system shall include any easements and structures as required by the Director of Engineering Services to properly handle the drainage. 3. Portland cement concrete gutters shall be installed where water crosses the roadways. 4. Concentrated flows acrpss driveways and/or sidewalks shall not be permitted. UTILITIES 1. All proposed electrical/communication/CATV utilities within the project shall be installed underground including existing electrical utilities less than 34.5 KV along Circulation Element roads and/or highways. 2. Utility easements shall be provided to the specification of the serving utility companies and the Director of Engineering Services. 3. The developer shall be responsible for the relocation and undergrounding of existing public utilities as required. 4. Water, sewer, and fire protection systems shall be designed and constructed to meet the requirements of the City of Poway and the County of San Diego Department of Health. A 6" public water main, and an 8" public sewer main shall be constructed within the private road in the develDpment. The full width of the private road shall be dedicated to the City as an easement for sewer and water lines. ----- -------.--- 1986 Resolution No. P-94-19 Page 9 5. Within 30 days after recelvlng City Council approval of the project, the app 1 i cant shall apply for a Letter Df Avai 1 abil ity (LOA) to reserve sewerage availability and post with the City, a nonrefundable reservation fee equal to 20% of the sewerage connection fee in effect at the time the LOA is issued. Applicant shall also submit, within this time, a Consent to Annex Form with appropriate annexation fee for the property's annexation to the sewer improvement district. 6. Developer shall construct a lighting system conforming to City of Poway standards at no cost to the public, subject to the following: a. Cut-off luminaries shall be installed which will provide true 90- degree cutoff and prevent projection of light above the horizontal plane from the lowest point on the lamp or light emitting refractor or device. b. All fixtures shall use a clear, low pressure sodium vapor light source. c. Advance energy charges and District engineering charges shall be paid by the developer. ! d. Annexation to the lighting district and evidence of annexation shall be accomplished at_the time of final building inspection or issuance of a certificate of occupancy is issued, whichever occurs later. A street light shall be installed on Oak Knoll Road at the entrance to the subdivision. 7. Cable television services shall be provided and installed underground. The developer shall notify the cable company when trenching for utilities is to be accomplished. 8. Existing telephone, gas, electric, water, sewer, and other public utility lines and appurtenances shall be shown on the grading /improvement plans. 9. All on-site private sewer mains shall be constructed to public sewer standards and specifications and shall be shown on the grading/improvement plans. 10. Water and sewer mai n 1 i nes and appurtenances that will be install ed at locations other than within public streets shall have an easement, a minimum of 20 feet wide for each line, dedicated to the City of Poway. Multiple parallel facilities will require additional easement width for on-site facilities. Dedication shall be offered on the final/parcel map or by a separate document recorded prior to building permit issuance. 11. All public utility lines (i.e., water, sewer, drainage) not located within public streets shall have an improved access over and along the respective easement, the surfacing and width of which shall be acceptable to the City Engineer. . . 198i Resolution No. P-94-19 Page 10 APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Approved numbers or addresses shall be placed on the building in such a position as to be plainly visible and legible from the street fronting the property. Said numbers shall contrast wi th thei r background. Address shall be required at private driveway. 2. Roof covering shall be fire retardant as per UBC Section 3203(e) and City of Poway Ordinance No. 64. 3. Each chimney used in conjunction with any fireplace shall be maintained with & spark arrester. 4. These dwellings are being built on a parcel size of greater than one acre and is beyond 350 feet maximum from the nearest fire hydrant. A new fire hydrant shall be installed on the northeast corner of Oak Knoll Road and the proosed private road intersection. 5. No parking shall be allowed within the hammerhead of the private street easement. Red curbing shall be painted within the hammerhead area and signage installed to indlcate fire lane and no parking. 6. 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. GENERAL REQUIREMENTS AND APPROVALS 1. Revised elevations and materials shall be resubmitted and approved by the City Council and construction shall be completed in accordance with the approved design and materials. 2. The CC&R's and/or Articles of Incorporation of the Homeowner's Association shall be subject to review for compliance with conditions herein, by the City Attorney and Director of Planning Services, and shall be filed with the Secretary of State, the County Recorder, and the City Clerk at the time of final map consideration. 3. Final parcel map shall conform to City standards and procedures. 4. Should this subdivision be further divided, each final map shall be submitted for approval by the Director of Planning Services. .' 1988 .. Resolution No, P-94-19 Page 11 All provlslons of the Subdivision Ordinance of the Poway Municipal Code shall be met as they relate to the division of land. 5. 6. Prior to final occupancy, all dedications shall be made and easements granted as required. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 5th day of April 1994. ~~~.. on Higginson, a~ ATTEST: I STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } 55. ) I hereby celli/y, under lite penally 01 perjury, that the above .nd foregoing is a true and correct copy 01 Resolution No,l' - '1'1-1 '/., as adopted by the City Council of Poway, Calilornia on the f::~ dayol~l ,19~. MARJORIE K. W AHLSTEN, CITY CLERK byf!~ vf~,~ I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby cert ify, under the penalty of perjury, that the foregoi ng Reso 1 ut ion, No. P-94-19 ,was duly adopted by the City Council at a meeting of said City Council held on the 5th day of April, 1994, and that it was so adopted by the following vote: AYES: CAFAGNA, EMERY, SNESKO, HIGGINSON NOES: CALLERY ABSTAIN: NONE ABSENT: NONE I REPORT\TPM9106.RES -- -_.__.._~ ~-_.- -" ------- ---------- ------ -~--~_._.- ----" _.-