Covenant Regarding Real Property 1991-0437968
~-"C " 1991-0437968
27-AUG-1991 08:32 AM
CITY OF POWAY
l1757
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OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVANS, COUNTY RECORDER
RF: 15.00 FEES:
AF: 25,00
MF: 1. 00
41. 00
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
No Transfer Tax Due
(This space for Recorder's Use)
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COVENANT REGARDING REAL PROPERTY
Blue Lantern Limi ted, Employee Pension plan ("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 317-474-01 ("PROPERTY"
hereinafter). In consideration of the approval of Tentative Parcel
Map 91-05 and Development Review 91-04 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 Parcel Map 91-05 and Development
Review 91-04 expire or are rescinded by City Council at the request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. T TY may assign to persons
impacted by the performance of is Cov na tthe right to enforce
this Covenant against OWNER.
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Lantern rn ted Pension
H. Roberts, Trustee
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Dated:
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CITY OF POWAY
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(NO need to otari e)
1758
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
PARCEL 2 OF PARCEL MAP NO. 7899, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7899, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 5, 1978 AS
FILE/PAGE NO, 78-425593 OF OFFICIAL RECORDS.
, GENEIV\L ACKNOWLED:;MENT
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, MICHELE LEVERSON
NOTARY PUBUC CALII=ORMA
SAN DIEGO COUNTY
My Comm. bplrei ;0/\ 24 1992
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PARTNERSHIP ACKNOWLEDGMENT
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* State of
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1759
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On thi s the ,,'2Sday of -" v \ 'f 1!11.L, before me, *
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the udersigned Notary Public, personnally appeared
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~roved to me on the basis of satisfactory evidence
be the person($3 whose nameQ5j I:; subscribed
the within instrument, and acknowledged that 1'1 '€-
executed it.
WITNESS my hand and official seal.
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CORPORATE ACKNOWLEDGMENT
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* State of
On this the ____day of
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before me, *
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the udersigned Notary Public, personnally appeared
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[] personally known to me
[] proved to me on the basis of
to be the person(s) who executed
on behalf of the partnership and
the partnership executed it.
WITNESS my hand and official seal.
satisfactory evidence
the within instrument
acknowledged to me that
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On this the ____day of
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before me, *
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the udersigned Notary Public, personnally appeared
[] personally known to me
[] proved to me on the basis of satisfactory evidence to ,.
be the person(s) who executed the within instrument as *
or on behalf of the corporation ,.
therein named, and acknowledged to me that the corporation*
executed it. *
WITNESS my hand and official seal. *
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* Notary's Signature *
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1760
RESOLUTION NO. P-91-41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING TENTATIVE PARCEL MAP 91-05
AND DEVELOPMENT REVIEW 91-04
ASSESSOR'S PARCEL NUMBER 317-474-01
WHEREAS, Tentative Parcel Map 91-05, hereinafter "Map" and
Development Review 91-04 submitted by ERB Engineering, applicant,
for construction of a eight unit condominium development and
related recreational facilities on a site described as Parcel 2 of
Parcel Map No. 7899, in the City of Poway, County of San Diego,
State of California; and
WHEREAS, the Director of Planning Services has recommended
approval of the map subject to all conditions set forth in the
Planning Services Department report; and
WHEREAS, the City Council has read and considered said report
and initial study recommending a Negative Declaration and has
considered evidence presented at the public hearing.
NOW, THEREFORE, the City Council does hereby resol ve as
follows:
Section 1: Environmental Findinqs:
The City Council finds that the project will not have a
significant adverse impact on the environment with the
adoption of the Negative Declaration.
Section 2: Findinqs:
Tentative Parcel Map 91-05
1. The proposed project will be consistent with the existing
general plan and there is a reasonable probability that
the project will be consistent with the proposed general
plan.
2. The tentative parcel map is consistent with all
applicable general and specific plans, in that the
property is designated for condominium development.
3. The design or improvement of the tentative parcel map is
consistent with all applicable general and specific
plans, in that the eight unit complex complies with the
development standards of the RC zone.
This site is physically suitable for the type of
development proposed in that the site is level and can
accommodate the number of lots proposed.
4.
5. This site is physically suitable for the density of the
development proposed, in that the proj ect density of
eight dwelling units meets the General plan criteria for
"EXHIBIT B"
1761
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Resolution No. P-
Page 2
the RC'zone. The proposed project density provides a
good transition between the higher density poway Villas
Apartments (19 dwelling units per acre) and the lower
density 'Park Creek development (7.5 dwelling units per
acre) .
6.
The design of the subdivision is not likely to cause
substantial environmental damage and avoidable injury to
,':, humans and wildlife ,or their habitat in that the site has
been previously disturbed and is surrounded by existing
development.
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The tentative parcel 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 as well as water conservation
'offsets provided. Landscaping plans will eventually be
prepared with minimal water consumption and incorporating
low volume irrigation techniques for trees and shrubs.
8. Design of the tentative parcel map will not conflict with
any easement required by the public at large now of
record for access through or use of the property within
the proposed subdivision.
7.
Development Review 91-04
1. That the proposed development is in conformance with the
poway General Plan, in that the density and type of use
is consistent with the General plan designation of
Residential Condominium.
2. That the proposed development will not have an adverse
aesthetic, health, safety, or architecturally related
impact upon adjoining properties because rooflines,
building materials, and architectural design are
compatible with the adjacent development and the General
Plan design standards for multi-family development.
3. That the proposed development is in compliance with the
Zoning Ordinance, in that it meets all development
standards for the RC zone.
Section 3: City Council Decision:
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The City Council
and Development
conditions:
hereby approves Tentative Parcel Map 91-05
Review 91-04 subject to the following
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.
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1762
Resolution No. p- 91-41
Page 3
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. Two garage spaces for each unit shall be provided to City
standards. Automatic garage door openers will be installed in
all garages. .
2. All utility connections shall be designed to coordinate with
the architectural elements of the site ,so as not to be exposed
except as necessary. Pad mounted transformer and/or meter box
locations shall be screened.
3. A six foot high solid wood with block pilaster wall is
required along the rear and side property lines. The specific
design and location of the wall shall be to the satisfaction
of the Director of Planning Services.
4. A minimum of 250 cubic feet of lockable storage space shall be
provided for each unit.
5. Each unit shall contain a hookup for washer and dryer.
6.
A family picnic area shall be provided.
Plans for a detailed children's play area that incorporate the
normal amenities (slides, swings, sand boxes, etc,) shall be
submitted and approved by the Director of Planning Services
prior to building permit issuance.
8. The development shall prohibit parking of recreational
vehicles by recordation of a deed restriction.
7.
9. All private patio areas shall be enclosed with a combination
of landscaping and fencing. Specific materials and location
shall be to the satisfaction of the Director of Planning
Services.
10. The site plan shall include interior walkways to separate
pedestrian and vehicular traffic wherever feasible.
11. A speed bump shall be installed on the interior driveway
approximately 10 - 15 feet inside the intersection with the
public sidewalk along Bowron Road.
12.
The curved section of the interior
differentiated 'with two sections of
concrete in sidewalk material to warn of
driveway shall be
stamped or colored
pedestrian crossing.
13. All curbing wi thin the proj ect, with the exception to the
areas designated for parallel parking, shall be painted and
proper signage installed identifying a fire lane.
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16.
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1763
Resolution No. p-
Page 4
A 'revised map and site plan shall be submitted to the Planning
"ServicE;!s,:j-,pepartment incorporating the hammerhead design
approved by the Safety Services Department.
-Eight on"-si te guest parking spaces shall be provided. The
spaces shall be properly marked and striped.
No parking shall be allowed in the curved section of the
driveway. Signage shall be installed to prohibit parking in
that area.
17. Site shall be developed in accordance with the approved site
plans on file in the Planning Services Department and the
conditions contained herein.
18. Revised tentative parcel map, site plans and building
elevations incorporating all conditions of approval shall be
submitted- to the Planning Services Department prior to
issuance of building permits.
19. Approval of this request shall not waive compliance with all
sections of the Zoning Development Code and all other
applicable City Ordinances in effect at the time of building
permit issuance.
20. Mail boxes shall be installed according to a plan which is
acceptable to both the Post Office and the Director of
Planning Services.
21. Trash receptacle shall be enclosed by a six foot high masonry
wall with view-obstructing gates pursuant to City standards.
Location shall be subject to approval by the Planning Services
Department.
22. 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.
23. One hour rated fire resistive construction will be required
between units per Section 1202 of the Uniform Building Code.
A full one-hour rated fire resistive assembly with one-hour
rated openings shall be provided between garage and dwelling
units.
24. Compliance with federal disabled access requirements may be
required for condominiums. It is the owner/developer I s
responsibility to determine whether compliance has been
achieved in accordance with the Fair Housing Act.
25. For a new residential dwelling unit(s), the applicant shall
pay development fees at the established rate. Such fees may
include, but not be limited to: Permit and Plan Checking
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1764
Resolution No. P-91"41
Page 5
Fees, .School Fees (in accordance with City-adopted policy
and/or ordinance). Water and Sewer Service Fees. These fees
shallc'be paid. prior to final map approval.
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.
LANDSCAPING
26.
1. A detailed landscape and irrigation plan shall be submitted to
and approved by the Planning Services Department prior to the
issuance of building permits. Use of drought-tolerant
plants/trees and low flow, water efficient irrigation systems
are required.
2. 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 interior
streets and 20 feet on exterior streets.
3.
A minimum of 50 trees per gross acre, comprised of the
following sizes, shall be provided within the development; 20%
- 24" box or larger, 70% - 15 gallon, and 10% - five gallon to
the satisfaction of the Director of Planning Services and in
accordance with the approved landscape plan in all multi-
family proj ects .
4. All landscaped areas shall be maintained in a heal thy and
thriving condition, free from weeds, trash, and debris.
SIGNS
Any signs proposed for this development shall be designed and
approved in conformance with the Sign Ordinance.
RECREATION
The developer shall pay the Park Fee at the established rate
prior to final map approval. If a security is posted the fee
must be paid prior to final inspection.
ADDITIONAL APPROVALS REQUIRED
1.
Each new residential unit constructed pursuant to the approval
of this map shall be fitted with ultra low flow plumbing
fixture throughout to the satisfaction of the Director of
Planning Services.
2.
The developer shall provide a water conservation offset or
demonstrate to the satisfaction of the Directors of Planning
and Public Services that no net increase in water use will
occur prior to the issuance of building permits.
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Resolution No. P-91-41
Page 6
3.
The developer shall display a current Zoning and Land Use Map
in the sales office at all times, and/or suitable alternative
to the satisfaction of the Director of Planning Services.
4, 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.
5. Working drawings shall include a certification by a recognized
acoustical expert that the requirements of the City of Poway's
noise ordinance will be met.
6. At the completion of construction, and prior to occupancy,
interior and exterior CNEL shall be determined by field
testing at developer's expense. Tests to be conducted by a
recognized acoustical expert. No occupancy permits shall be
granted until Condition G-7 is met to the satisfaction of the
Building Code (latest adopted edition) "Sound Transmission
Control" .
APPLICANT SHALL CONTACT THE DEPARTMENT OF PUBLIC SERVICES REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITION:
Annex each unit into LMD 86-03 at
$122/year for fiscal year 1990-91.
subject to change.
a 50% rate equal to
The assessment rate is
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 fee of solar access for each dwelling
unit within the subdivision.
3. A soils report shall be prepared by a qualified engineer
licensed by the State of California to perform such work at
first submittal of grading plan.
4.
The final grading plan shall be subject to review and approval
by the Planning and Engineering Services Departments and shall
be completed prior to recordation of the final subdivision map
or issuance of building permit, whichever comes first.
A pre-blast survey of surrounding property shall be conducted
to the satisfaction of the City Engineer prior to any rock
5.
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1766
Resolution No. P-91-41
Page 7
blasting.- Seismic recordings shall be taken for all blasting
and_ blasting shall occur only at locations and levels approved
by the City Engineer.
STREETS AND SIDEWALKS
1. All- pavement structural sections shall be submitted to and
approved by the Director of Engineering Services.
2. street improvement plans prepared on standard size sheets by
a Registered Civil Engineer shall be submitted for approval by
the Director of Engineering Services. Plan check and
inspection expenses shall be paid by the developer.
3. 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 Department of Engineering Services.
4. Prior to any work being performed in the public right-of-way,
a right-of-way permit shall be obtained from the Engineering
Services department and appropriate fees paid, in addition to
any other permits required.
5.
The developer shall
final map approval.
paid prior to final
to
be
pay the Traffic Mitigation Fee prior
If a security is posted, the fee must
inspection.
DRAINAGE AND FLOOD CONTROL
1. A drainage system capable of handling and disposing of all
surface water originating within the subdivision, and all
surface waters that may flow onto the subdivision from
adj acent 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.
2. Portland' cement concrete cross gutters shall be installed
where water crosses the roadways.
3. The Master Plan of Drainage Fee shall be paid at the
established rate in accordance with the Drainage Ordinance
prior to final map approval, If security is posted, it shall
be paid prior to final inspection.
UTILITIES
1.
Place a one inch manual air release assembly at the east end
of the water main (profile high point).
Locate sewer main north of driveway centerline, positioned for
ten feet minimum separation from water main.
2.
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1767
Resolution No. P-91-41
Page 8
Individual laterals shall be provided for all units.
Cleanouts shall be located in .driveways.
4. Locate water main south of driveway centerline with ten feet
separation from sewer main.
3.
5. Locate on-site fire hydran~ seven feet behind south curb at
return.
6. "T" connection to Bowron Road main as shown on plan.
7. The utilities shall be designed' so that individual water
services shall front each unit with meters located behind the
curbs.
8. Construct a manhole at the east end of sewer main instead of
cleanout assembly.
9. Combine the water and sewer easements into a 30 foot wide
utility easement positioned so that there is ten feet on each
side of the utilities.
10. 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 prior to first submittal of
improvement plans.
11. The applicant shall, within 30 days after receiving approval
of the tentative parcel map and development review apply for
a Letter of Availability (LOA> to reserve sewerage
availability an post with the City, a nonrefundable
reservation fee equal to 20% of the appropriate sewerage
connection fee in effect at the time the LOA is issued.
12. Developer shall construct a light system conforming to City of
poway standards at no cost to the public, subj ect to the
following:
Annexation to the lighting district shall be accomplished
and evidence of anhexation shall be accomplished at the
time of final inspection or Certificate of Occupancy,
whichever occurs later.
13. Cable television services shall be provided and installed
underground. The developer shall notify the cable company
when trenching for utilities is to be accomplished.
14. All proposed utilities within the project shall be installed
underground.
APPLICANT SHALL CONTACT THE DEPARTMENT OF SAFETY SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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1768
1.
Resolution No. p_91-'41
Page 9
Roof covering shall be fire retardant as per Uniform Building
Code Section 3203(e) and City of poway Ordinance No. 64.
2. 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
with their background. Minimum height of address numbers
shall be four inches on each dwelling unit. Address may be
required at private driveway entrances.
3. Each chimney used in conjunction with any fireplace shall be
maintained with a spark arrester.
4. Two new fire hydrants shall be installed with this project.
Proposed locations will be at the entrance driveway to the
project from Bowron Road and on-site approximately midway into
the project.
5. Dead end access roadways in excess of 150 feet long shall be
provided with approved provisions for the turning around of
Fire Department apparatus. Requirements for dead end and
looped accessways are:
Length:
width:
Turnarounds Required:
*150' - 500'
20'
70' Diameter cul-de-sac
70' Hammerhead
*CUrves and
requirement
accessway.
topographical conditions
for turnarounds and
could
the
al ter the
width of
GENERAL REQUIREMENTS AND APPROVALS
1. A copy of the CC&R's and/or Articles of Incorporation of the
Homeowner's Association shall be subj ect to the review for
compliance with conditions herein, to the satisfaction of the
City Attorney and Director of Planning Services, and shall be
filed with the Secretary of State and the County Recorder at
the time of final map consideration.
2. Final parcel map shall conform to City standards and
procedures.
3. Should this subdivision be further divided, each final map
shall be submitted for approval by the Director of Engineering
Services.
4.
All provisions of the Subdivision Ordinance of the poway
Municipal Code shall be met as they relate to the division of
land.
5. Prior to final map approval, all dedications shall be made and
easements granted as required above.
1769
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Resolution No. P-91-41
Page 10
6.
The tentative map approval shall expire on July 16, 1993. An
application for time extension must be received 90 days prior
to expiration in accordance with the City's Subdivision
Ordinance'.
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APPROVED and ADOPTED by the City Council of the City of poway,
state of California, ,this 16th Qay of July 1991.
,
ATTEST:
c:fL/
Mayor
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K. Wahlsten, City Clerk
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STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO
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-91-41 , was duly adopted by the City Council
at a meeting of said City Council held on the 16th day of Julv
, 1991, and that it was so adopted by the following
vote:
AYES:
EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH
NOES:
NONE
ABSTAIN: NONE
ABSENT: NONE
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REPORT\TPM9105.RES
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Marjori'
City of
'k K JVaAJ$~
. Wahlsten, City Clerk
P way