Covenant Regarding Real Property 1990-550873
RECORDING REQUEST BY:
CITY OF POWAY
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WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY, CA 92064
; VERA L,. LYLE~
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COVENANT REGARDING REAL PROPERTY
Richard M. Darr, a single man ("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 317-490-57 ("PROPERTY"
hereinafter). In consideration of the approval of Conditional Use Permit 90-05
and Development Review 88-01 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 Conditional Use Permit 9D-05 and Development Review 88-01
expire or are rescinded by City Council at the request of the OWNER.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. The CITY may
assign to persons impacted by the performance of this Covenant the right to
enforce this Covenant against OWNER.
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o NER Notarize
Dated:
/0- 3- 76
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Dated: ~ "'I; 1/7p
CITY OF POWAY
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ORDER NO. 62023-5
LEGAL DESCRIPTION
DISK NO. 196
PARCEL 1:
The Easterly 150.00 feet of the Northerly 411.00 feet 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, according to Uni ted States Government Survey approved
November 19, 1880.
PARCEL 2:
An easement for ingress and egress for road and public utility purposes over, under,
along and across the Southerly 21.00 feet of the Northerly 411.00 feet of the East Half
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, according to United States
Government Survey approved November 19, 1880.
EXCEPTING THEREFROM, that portion lying within Parcell hereinabove described.
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OFFICIAl SEAl
NANCY N NEUFElD
Nol8ry PubIIo-Calllomia
SAN DIEGO COUNTY
o personally known to me
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to be the person~ whose nane~ ./LJ s~ribed ..
to the within inst.runent, and acknowledged that ~ ..
executed it. ..
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Myeomm. Exp. Doo. 21.1.
PARnlERSB:IP ~
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.. State of
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On this the day of 19 , before me,
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the undersigned Notary Public, personally appeared
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o personally known to me
o proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument
on behalf of the partnership, and acknowledged to me that
the partnership executed it.
WITNESS my hand and official seal.
Notary's Signature
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CXlRPORATE ~
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n proved to me on the basis of satisfactory evidence to ..
'6e 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. ..
WIWESS my hand and official seal. *
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On this the day of 19 _, before me, ..
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the undersigned Notary Public, personally appeared
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)1291
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RESOLUTION NO. P-90-65
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 90-05
AND DEVELOPMENT REVIEW 88-01
ASSESSOR'S PARCEL NUMBER 317-490-57
WHEREAS, Conditional Use Permit 90-05 and Development Review 88-01, sub-
mitted by Richard Darr, applicant, requests approval of an expansion of an
existing restaurant facility which will serve alcohol, and operation of a wood
storage lot located at 12957 poway Road, in the CG zone; and
WHEREAS, on August 28, 1990, the City Council held a hearing on the above-
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findings:
The City Council finds that this project will not have a significant adverse
impact on the environment and hereby issues a Negative Declaration.
Section 2: Findings:
Conditional Use Permit 90-05
1. That the location, size, design, and operating characteristics of the
proposed use will be compatible with and will not adversely affect or
be materially detrimental to adjacent uses, residents, buildings,
structures, or natural resources. The restaurant will serve alcoholic
beverages and will be licensed by the Alcoholic Beverage Control Board.
The establishment of the wood storage lot on the premises will be
viaually screened from surrounding homes and businesses by masonry
walls. The nuisance factors associated with the project have been
mitigated through conditions of approval.
2. That the scale, bulk, coverage, and density is consistent with adjacent-
uses, in that all development standards of the Zoning Development Code
are met. The project will meet the applicable property development
standards for off-street parking, setbacks, lot coverage, and building
height.
3. That there are available public facilities, services, and utilIties to
serve the proposed use as all facilities and services can be provided
for through the conditions of approval.
4. That there will not be a harmful effect upon desirable neighborhood
characteristics, in that the physIcal separation between residential and
commercial uses wIll be adequate.
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Resolution No. P-90-65
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5. That the generation of traffic will not adversely impact the
surrounding streets andfor the City's Circulation Element in that a
condition of approval will require the payment of Traffic Mitigation
Fees and the construction of an expanded off-street parking lot for
the faci I ity.
6. That the site is suitable for the type and intensity of use and devel-
lopment proposed in that the site is located in a Commercial General
zone and that a restaurant is a permitted use in a commercial zone with
a conditional use permit where alcoholic beverages are served.
7. That there will not be significant harmful effects upon the environmen-
tal quality and natural resources.
8. That there are no other relevant negative impacts of the proposed use
that cannot be mitigated.
9. That the impacts, as described above, and the location of the proposed
use will not adversely affect the City of poway General Plan for future
as well as present development.
Development Review 88-01
1. That the proposed development is in conformance with the poway General
Plan, in that the site is designated as commercial and the restaurant
and wood storage lot are permitted uses.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally related impact upon adjoining prop-
erties, as noted under the findings in the preceding section.
J. That the proposed development is in compliance with the Zoning
Ordinance, in that all development standards will be met in development
of the project.
4. The proposed development encourages the orderly and harmonious
appearance of structures and property within the City because it
complies with the design guidelines of the General Plan and proposes an
updated facade that is similar in size and architectural style to other
restaurants and commercial buildings in the City. Relocation of the
wood lot to the rear of the property will enhance the commercial strip
along poway Road by removing the use from view.
Section J: City Council Decision:
Conditional Use Permit 90-05 and Development Review 88-01 for which plans
are on file in the Planning Services Department, are hereby approved subject
to the following conditions:
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Resolution No. P-90-65
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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.
2. The restaurant office shall not be rented or lease to a separate use
without the appropriate City permits and expanded parking. No portion
of the commercial property shall be used as living quarters.
APPLICANT SHALL CONTACT THE DEPARTMENT OF BUILDING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
1. The total occupant load based on the square footage of seating area would
classify this building as an A-3 occupancy; all walls within 40 feet of a
property line must be of one-hour fire-resistive construction. All other
requi [l!mell~~qof an A-:-3 occupancy must be met.
2. Parking for the disabled shall comply with Title 24, Disabled Access
Requirements (Chapter 71 of the State Building Standards Code).
3. Structural integrity of existing slab over which proposed structure will be
built must be verified prior to building permit issuance.
4. A grease hood must be provided over cooking equipment.
5. Restaurant office on second story must be made accessible to the disabled if
it is to remain on second story. A ramp or elevator must be provided or the
office shall be constructed to one story only.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
SITE DEVELOPMENT
1. The use conditionally granted by this permit shall not be conducted in such'
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses.
2. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
3. Revised site plans and floor plans incorporating all conditions of approval
shall be submitted to the Planning Services Department prior to issuance of
building permits.
4. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
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Resolution No. P- 90-65
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5. 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.
6. 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.
7. Site development requirements for handicapped accessibility found in Chapter
71 of the State of California Building Standards Code must be adhered to.
All new buildings shall be accessible throughout.
8. Trash receptacle shall be enclosed by a six foot high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be sub-
ject to approval by the Planning Services Department. Trash enclosures
shall not be located adjacent to street frontages on or City held easements.
9. Prior to delivery of combustible building materials 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.
10. All roof appurtenances, including air conditioners, shall be architecturally
integrated, shielded from view and sound buffered from adjacent properties
and streets as required by the Planning Services Department.
11. Pursuant to Municipal Code Section 17.10.150(N) "All new construction and
remodeling shall be preplumbed for solar hot water heating for the common
facilities". The provision for solar plumbing should be shown on the
building construction set.
12. For the development, the applicant shall pay development fees at the
established rate. Such fees may include, but not be limited to: Permit and
Plan Checking Fees, Traffic Mitigation Fees, Water and Sewer Service Fees.
These fees shall be paid prior to building permit issuance.
13. Hours of operation shall be no later than 10:00 p.m.
14. 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 parking lot landscaping shall consist of a minimum of one 15 gallon size
tree for every three parking spaces. For parking lot islands, a minimum 12
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Resolution No. P-90-65
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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 curbing.
2. Parking lot lights shall be low pressure sodium and have a maximum height of
I8 feet from the finished grade of the parking surface and be directed away
from all property lines, adjacent streets and residences.
3. All two-way traffic aisles shall be a minimum of 24 feet wide and emergency
access shall be provided, maintained free and clear, a minimum of 24 feet
wide at all times during construction in accordance with Safety Services
Department requirements.
4. All parking spaces shall be double striped.
5. A 40 foot minimum setback from the ultimate right-of-way shall be maintained
before the first parking stall. This setback will allow an adequate
stacking distance and shall be landscaped.
LANDSCAPING
1. A detailed landscape and irrigation plan shall be submitted to and approved
by the Planning Services Department prior to the issuance of building per-
mits. Landsca~~ Plan Check Fees shall be paid at the established rate.
2. Fifteen gallon trees, 20 feet on center, and shrubbery shall be installed
and maintained along the inside of the required masonry wall in a five foot
wide, raised landscape planter to provide a dense landscape screen.
3. Landscaping shall be included on the south side of the building adjacent to
the asphalt drive.
4. All landscaped areas shall be maintained in a healthy and thriving con-
dition, free from weeds, trash, and debris.
5. All landscape plans and landscape development will conform to the City of
Poway Guidelines to Landscape Development, City of poway Landscape
Standards, and shall be prepared by either a licensed landscape architect or
building architect.
SIGNS
Any signs proposed for this development shall be designed in conformance
with the Sign Ordinance. The applicant shall submit a sign application to
Planning Services Department prio to the installation of any sign.
RECREATION
The developer shall pay the Park Fee at the established rate at the date of
final inspection, or the date of the Certificate of Occupancy, whichever
occurs later.
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Resolution No. P-90-65
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EXISTING STRUCTURES
The existing single-family home shall be demolished prior to the issuance of
a grading permit. The appropriate demolition permit shall be obtained.
AODITIONAL APPROVALS REQUIRED
1. The conditional use permit shall be subject to annual review by the Director
of Planning Services for compliance with the conditions of approval and to
address concerns that may have occurred during the past year. If the permit
is not in compliance with the conditions of approval, or if the Planning
Services Department has received complaints, the required annual review
shall be set for a public hearing before the City Council, to consider modi-
fication or revocation of the use permit.
2. Approval of the relocation of the wood storage lot from 13036 poway Road to
the subject parcel is valid for a period not to exceed two years from the
date of this approval. The applicant shall obtain a business certificate
from the City of Poway.
3. Prior to the issuance of a business certificate for the wood storage lot,
all conditions of approval for that use shall be completed to the satisfac-
tion of the Directors of Safety and Planning Services.
4. All business activities related to the wood lot located at 13036 Poway
Road shall be terminated before this site is used for the wood storage lot
and all excess lumber removed or this conditional use permit shall be sub-
mited to the City Council for revocation.
5. The applicant shall enclose the wood storage area with a six foot high
masonry wall of tan slumpstone, stucco, or split face block with view-
obstructing gates.
6. The applicant shall prepare a vector control plan with a licensed exter-
minator for the wood storage lot prior to establishing the use on the site.
APPLICANT SHALL CONTACT THE ENGINEERING SERVICES DEPARTMENT 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 geotech-
nical 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 future building site within the development.
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Resolution No. P-90-65
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2. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work at first submittal of a grading
plan.
3. A geological report shall be prepared by a qualified engineer or geologist
and submitted at the time of application for grading plan check.
4. The final grading plan shall be subject to review and approval by the
Planning Services and Engineering Services Department and shall be completed
prior to issuance of building permit.
5. The existing single-family home shall be demolished prior to initiation of
grading activities. The appropriate building permits shall be obtained.
6. A pre-blast survey of surrounding property shall be conducted to the satis-
faction 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.
7. The retaining wall shown on Grading Plan G420-88 shall be reduced to a maxi-
mum 8.4 feet in height. Additionally, the required eight foot high
screening masonry wall on the south property line separating the commercial
uses from existing homes shall be set back at least five feet from the prop-
erty line setback shall be densely landscaped with trees, shrubs, and
ground cover. The masonry wall shall be constructed of tan slumpstone,
stucco, or split face block.
STREETS AND SIDEWALKS
1. 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 En9ineerin9 Services.
2. 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.
3. The developer shall pay a pro rata share of the cost of a City approved
landscaped median along the project frontage in the amount of $3,814.50
prior to building permit issuance.
4. The developer shall pay the Traffic Mitigation Fee at the established rate
at the date the final inspection or the date the Certificate of Occupancy is
issued, whichever occurs later, however, a security deposit shall be posted
with the City's Engineering Services Department prior to building permit
issuance.
5. Developer shall relocate trash enclosure outside of the City of poway
waterline easement.
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6. Developer shall modify existing driveway on Poway Road to an alley apron
approach in accordance with San Diego Re9ional Standard Drawing G-17 with
handicap ramps.
7. Developer shall modify entrance so as to provide 40 feet of travelway from
face_of curb to first on-site parking stall.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains will be required at locations specified by the Director
of Engineering Services and in accordance with standard engineering prac-
tices.
2. A drainage system capable of handling and disposing of all surface water
originating within the development, and all surface waters that may flow
onto the,development 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. The Master Plan of Drainage Fee shall be paid at the established rate in
accordance with the Drainage Ordinance at the date of final inspection or
at the date the certificate of occupancy is issued, whichever occurs later;
however, a security deposit shall be posted with the City's Engineering
Services Department prior to building permit issuance.
4. Concentrated flows across driveways andfor sidewalks shall not be permitted.
UTILITIES
1. All proposed utilities within the project shall be installed underground
including existin9 utilities along Circulation Element roads and/or high-
ways less than 34.5 KV.
2. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Public Services.
3. The developer shall be responsible for the relocation and undergrounding of
existing public utilities prior to certification of occupancy.
4. Water, sewer, and fire protection systems plans shall be designed and
constructed to meet requirements of the City of Poway and the Health
Department of the County of San Diego.
APPLICANT SHALL CONTACT THE SAFETY SERVICES DEPARTMENT REGARDING COMPLIANCE WITH
THE FOLLOWING CONDITIONS:
1. The buildings will be required to install an approved fire sprinkler system
meeting NFPA #13 and Fire Department standards. The entire system is to be
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Resolution No. P-90-65
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monitored by a central monitoring agency. A system post indicator valve
with tamper switch, also monitored, is to be located by the City Fire
Marshal prior to installation.
2. The required on-site fire hydrant shall be moved seven feet off the face of
the curb to provide clear sidewalk access.
3. The building shall display its numeric address in a manner visible from
the poway Road. Building address shall also be displayed on the roof
in a manner satisfactory to the Director of Safety Services. Minimum size
of building numbers is six inches on facade of building.
4. Roof covering shall meet Class A fire retardant testing as specified in the
Uniform Building Standards No. 32-7 for fire retardant roof covering
materials per City of poway Ordinance No. 64.
5. All driveways in excess of 150 feet shall be provided with approved turn-
around. Where necessary, designated fire lanes will be establishedwith
approved curb markings and fire lane signs.
7. A "Knox Box" security system shall be provided, meeting Department of Safety
Services requirements.
8. The wood storage yard shall meet the following conditions prior to
issuance of a business certificate.
a. Fire apparatus access roadways shall be provided to within 150 feet of
all portions of the yard.
b. Driveways between and around wood piles shall be at least 15 feet
wide and maintained free from accumulation of rubbish, equipment or
other articles or materials. Driveways shall be so spaced that a maxi-
mum grid system unit of 50 feet by 150 feet is produced. Stacking
shall use standard wood stacking rows with four foot aisles between
rows.
c. Wood storage shall be surrounded with a masonry wall at least six feet
high.
d. Storage in the open shall not exceed 20 feet in height, shall be so
located as not to constitute a hazard to adjacent buildings or property
and shall be compact and orderly. Such storage is prohibited within
five feet of any property line and shall not exceed six feet in height
when within ten feet of such property line, except where no hazard or
menace of fire to adjoining property is created thereby.
e. Weeds, grass, and similar vegetation shall be prevented throughout the
entire yard and should be sprayed as often as needed with a satisfac-
tory herbicide or ground sterilizer or grubbed out. Dead weeds should
be removed after destruction.
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Resolution No. P- 90-65
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f. Good housekeeping should be maintained at all times, including regular
and frequent cleaning of materials-handling equipment. Combustible
waste materials such as bark, sawdust, chips, and other debris should
not be permitted to accumulate in quantity or location that will
constitute an undue fire hazard.
g. Smoking should be prohibited except in specified safe locations. "No
Smoking" signs should be posted in the yard except in specific loca-
tions designated as safe for smoking, and signs permitting smoking
should be posted in those areas. Smoking areas should be provided with
approved, noncombustible ash receptacles.
h. Access into the yard areas by unauthorized persons shall be prohibited.
The storage areas shall be enclosed with a suitable masonry wall
equipped with proper gates located as necessary to pennit entry of Fire
Department apparatus.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 28th day of August, 1990.
ATTEST:
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Don Higginson,~Mayor
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Marjorie ~. Wahlsten, City Clerk
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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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-90-65 ,was
duly adopted by the City Council at a meeting of said City Council held on the
28th day of Auqust , 1990, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RfR-8-28.19-29
BRANNON, EMERY, GOLDSMITH, KRUSE, HIGGINSON
NONE
NONE
NONE
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Marjorie . Wahlsten, City Clerk
City of~way