Covenant Regarding Real Property 1996-0654900
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RECORDING REQUEST BY
CITY OF POWAY
WHEN RECORDED MAIL TO'
CITY CLERK
CITY OF POWAY
POBOX 789
POWAY CA 92074~0189
No'TranSfer Tax Due
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_~c n 1996-0654900
::J_ -DEC-1996 Ci8'S7 AM
OFFICIAL ,RECORDS
SAN DIEGO'COUH[YRECORDER'S OFFICE
GREGORY SfiITH,COUHTY'RECOROER
RF: 13.00 FEES'
AF: 17.00
MF: 1. 00
13:5',5
31. 00
(This space for Recorder's Use)
COVENANT REGARDING REAL PROPERTY
Thcimas J 'Farley. <"OWNER"hereinafter) is the owner of real property describeg in ExhibitA~,<<hich
is attached hereto and made a partlierecif,at1dwhich is commonly known as Assessor's Parcel Number'316-
0'63,02 ("PROPERTY" hereina!ler), In consideration of th'e approval 6f Environmental Assessment and
Conditional Use Permit96~19by the:City of Po way ("CITY" hereinafter), OWNER hereby agrees to abide by
conditions of the attached resoJution,(Exhibit B),
This Covenant shall run with me 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 Environmental Assessment and. Conditional Use Permit96-19 expires or isrescinded
by City Council at the request of the OWNER. CITY shall expunge'this Covenant from the record title of the
PROPERTY
In the event of litigation 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
Dated:
~'qb
Dated: 1;)-17 -CfG
Thomas J
CITY OF POWAY
By ~ 1J~~dV-c-O~
" C~iIFORNIAALL"PURPOS'ACKNOWLEDGMENT
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State of
California
1356
County of
San Diego
On December 26,,1996
Date
before me, Sandi Prescott, Notary Public
Name and Tille of Officer (e.g., Jane Doe, Notary Public")
personally appeared Thomas J. Farley
Name(!;) alSigner(s)
19 personally known to me - OR- 0 proved to me on the basis of satisfactory evidence to be the person(-llJ;
whose name(s) is/aI'Ol subscribed to the within instrument
and acknowledged to me that he/<lRe/tAey executed the
same in his/hGrI#leir authorized capacityfies), and that by
his/l1ef.4I1eir signature(a1 on,the instrument the person(st,
or the entity upon behalf of which the person(.s1 acted,
executed the instrument.
I.~ ~ ~ - - :;~; - ~ ,
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t NalClyNlllc -CaII'corla !
~ ~ San DlBgDCclU1ty I
-' MyCarm, flIpQo0cl4.am
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WITNESS my hand and official seal.
Ib/Yrh
';'/;N)('#,
Signature of Notary Public
OPTIONAL
Though the information below is not require a by law, it may prove'-valuable to person....s relying on the document and could prevent
fraudulent removal and reattachment orthis form toa'nathe; dOCument.
Description of Attached Qocument
Title or Type of Document:
Covenant Regarding Real Property
Document Date:
December 17, 1996
Number of Pages:
4
Signer(s) Other Than Named Above,
Capacity(ies) Claimed by Signer(s)
Signer's Name: Thomas J. Farley
Signer's Name:
[li. Individual
D Corporate Officer
Title(s):
D Partner - 0 Limited D General
o Attorney-In-Fact
D Trustee
D Guardian or Conservator
D Other'
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Top of thumb here
D Individual,
o Corporate Officer
Title(s):
o Partner - D Limited D General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
0, Other'
RIGHT THUMBPRINT
OF SIGNERI
Top of thumb here
Signer Is Representing:
Signer Is Representing:
@ 1994'Nalional Notary Association' 8236 Remmet Ave., P.O. Box 7184 . Canoga Park, CA 91309-7184
Prod. No. 5907
Reorder: Call Toll-Free 1~800-876-6827
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06-160136
13:57
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS:
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SECT,ION 22, TOWNSHIP 14 SOUTH, RANGE 2 WE5.T, 'S,AN ,BERNARDINO
Iii';SE Aim MERIDIAN, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF,
DESCRIBED AS FOLLOWS:
COMMENCINGATA POINT ON THE SOUTHEJ\STERLY Lc~N'!O OF THAT CERTAIN
80.00 FOOT COUNTY HIGHWAY ,F.A.S. 729-1 AS SHOWN ON THE MAP OF
THE RELOCATION OF ROAD SURVEY NO. 987 ON FILE IN THE OFFICE OF
THE COUNTY SURVEYOR OF S~ID SAN DIE90 COUNTY, SAID POINT OF
COMMENCEMENT' BEING OPPOSITE ENGINEER"S STATION 100 PLUS 57.22
B. C. ON THE 'CENTER LINE OF SAID HIGHWAY AND ~EI'NG THE WESTERLY
TERMINUS OF A CURVE IN SAID SOUTHEASTERLY LINE CONCAVE
SOUTHEASTERLY AND HAVING 'A ,RADIUS OF 2360.00 FEET, A RADIAL
LINE OF SAID CURVE BEARING NORTH 35.39'20"WEST.THROUGH SAID
POINT; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH' A CENTRAL
ANGLE OF 4.16' 22" J\ DISTANCE OF 176.00 FEET TO THE NORTHWESTERLY
CORNER OF LAND DESCRIBED I~ DEED TO ROBERT '~, FIRTH, ET UK,
RECORDED MARCH 2, 1956 IN BOOK 5998, PAGE 289, AS DOC,UMENT NO.
28689 OF OFFICIAL RECORDS'; THENCE ALONG THE WESTERLY AND
SOUTHWESTERLY LINES THlmEOF AS FOLLOI,S: SOUTH 3"58' 50" WEST
95.30 ,FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS
CURVE, CONCAVE ,NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 76.38'00" A
DISTANCE OF 133,75 FEET; THENCE TANGENT ~O SAID CURVE SOUTH
72' 39' 10" EAST 185,4'6, iEETTO ''I'HE EASTERLY CORNER OF FIRTH'S
LAND; CONTINUING SOUTH 72"39"10" EAST 173.47' FEET TO A POINT
HEREIN DESIGNATED AS POINT "A", ALSO ,BE-ING ,THE 3EGINNING OF p,
TP,NGENT 150.00 FEET RADIUS CURVE" CONCAVE NORTHERLY; THENCE
EIl,STERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15"39'40"
A DISTANCE OF 4'1.00 FEET; THENCE TANGENT TO SAID CURVE SOUTH
88'18'50" EAST 99.12 FEET TO [, TANGENT 250.00 FOOT RADIUS CURVE,
CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE 84.98 FEET
THROUGH AN ANGLE OF 19"28'30" TO A POINT OF REVERSED CURVATURE
HAVING A RADIUS OF 145.76 FEET; THENCE EASTERLY ALONG SAID
CURVE 103.60 FEET THROUGH AN ANGLE,' OF 40.43'30"; THENCE TANGENT
TO SAID CURV'E. SOUTH 67.03' 50" EAST 5.3.10 FEET; THENCE SOUTH
70.52" EAST 50.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND
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Exhibit A
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06-160136
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DESCRIBED m ,DEED frO DAVID R, SHEPARDSON, ET OX:,:' RECORDED APRIL
15" 1'953 IN, B00K 4821" PAGi290 QF 9E;FIC);AL, RECORDS!; THENCE
ALONG THE SOU.THERLY, BOUNDARY THEREOF" SOUTH 70" 52' 00" E~$r
25..00F,EET ,AND ,NORTH 86.46'00" EAST 119.90 FEET TO THE MOST
~ 0- _ _. ,_ .._ _..(! 'r , _
WESTER.f;YCORt-fER.OF LAND DESCRIBED INDEED TO LAZERJ. TARZA:N, ET
UX, RECORDED JULY 22, 1958 AS FILE NO. 117385 OF OFFICIAL
RECORDS;: THENCE ALONG THE SOUTHWESTERLY LINE THEREOF SOUTH
39'.30' 15'" EAST 249.75 FEET TO 'THE SOUTHWESTERLY CORNER OF 'SA"ID
TARZAN'S LAND; THENCE CONTINUING SOUTH 39 "30 "15" j;;AST 111..25
F:EET; THENCE SOUTH 21" 23 '15'" EAST 125.60 FEET TO THE
~6BTHWESTERLY CORNER OF LAND DESCRIBED UNDER PARCEL 1 OF DEED
TO VIOLA V. HERRIOTBECORDED MARCH 2, 1956 IN BOOK 5998, PAGE
369 AS DOCUMENT NO. 28726 OF OFFICIAL RECORDS; THENCE ALONG THE
WESTERLY LINE THEREOF" SOUTH 21'28'15" EAST :20.00 FEET TO THE
BEG'TNNINGOF A TANGENT 39.36 FOOT RADIUS CURVE, CONCAVE
NbRTHw~STERLY, ALSO 'BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID WESTERLX I;INE, SOUTHERLY, SOUTHWESTERLY, WESTERLY
AND NORTHWESTERLY ALONG 'sAID CURVE THROUGH A CENTRAL ANGLE OF
162"36' A DISTANCE OF 111.70 FEET; THENCE-TANGENT TO SAID
CURVE, NORTH 38"52'15"WEST 82.37 FEET TOTItE BEGINNING OFA
TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOIjTHVIESTERLY; TElENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
33" 25' A DISTANCE OF' 58" 3.4 FEET TO THE NORTHEASTERLY CORN]';ROF
LAND DESCRIBED IN DEED,TO LAWRENCE E. O'BRIEN, ET UX, RECORDED
MAY 4, 1954 IN BOOK 5226, PAGE 364 OF OFFICIAL RECORDS; THENCE
ALONG THE NORTHERLY LTNE OF SAID O'BRIEN'S ,LAND, CONTINUING
ALONG SAID 100.00 FOOT RADIUS CURVE, THROUGH A .CENTRAL ANGLE OF
10"44'35" A D.ISTANCE OF 18,.7'5 FEET; THENCE TANGENT TO SAID
CURVE, NORTH 83"02'15" WEST 297.86 FEET TO THE MOST NORTHERLY
CORNER OF SAID 0' BRIEN "S 'LAND,; THENCE LEAVING SAID LAND AND
ALONG THE WESTERLY PROLONGATION OF SAID NORTHERLY LINE THEREOF,
NORTH 83.02'15" WEST TO AN INTERSECTION WITH A LINE WHICH BEARS
SOUTH. 2.37'10" WEST FROM SAID POINT "A" I'.S DESIGNATED
HEREINABOVE; THENCE i.'3'7' 10;' WEST TO THE SOUTHERLY LINE. OF SAID
NORTH HALF OF THE NORTHEAST QUARTER; THENCE EASTERLY ALONG SAID
SOUTHERLY LINE 'TO THE SOUTHWEST CORNER OF sArD HERRIET'S LAND;
THENCE ALONG THE WESTERIlY ,LINE THEREOF, NORTH 21.2.8' 15" WEST TO
THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFRmlTHAT PORT,ION OF LAND DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN
80.00 FOOT COUNTY HTGHI'IAY F. A. S. 72,9-1 AS SHOWN ON THE MAP OF
THE RELOCATION OF ROAD SURVEY NO. 917 ON FILE IN TH~ OFFICE OF
THE COUNTY SURVEYOR OF SAID COUNTY, SAID POINT BEING OPPOSITE
ENGINEER'S STATION 110 PLUS 89.0'6 B.G. IN THE CENTER LINE OF
SAID HIGHWAY AND BEING ALSO THE EASTERLY TERMINUS OF A CURVE IN
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1359 06-160136
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SAID SOUTHERLY [,~NE; CONCAVE SOUTHEASTERI;Y AND HAVING A RADIUS
OF ,2360..00 TEET'; THENCE S0UTHWESTERLY, 'ALONG SAID CURVE THROUGH
A CENTRAL, ANGLE OF 2" 54' 48'" A DISTANCE' OF 120.00 FEET TO A
POINT 'fIjROUGH WHICH A RADIAL'LINE OF SAID CURVE BEARS NORTH
13' 56' 08" WEST; THENCE HAVING THE SOUTHERLY LINE OF SAID
HIGHWAY, SOUTH 25'42'45" EAST 240.51 FEET; THENCE NORTH
81.13'40'" EAST 181.32 FEET; THENCE SOUTH 28'29' EAST 305.45
FEET; THENCE SOUTH62.42' WEST 30.7i FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
150.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 46.41'30" A DISTANCE OF 122.24 FEET; THENCE
TANGENT TO SAID CURVE SOUTH 1,6.00'30" WEST 61.42 FEET; THENCE
SOUTH 39'30'15" EAST 361.00 FEET; THENCE SOUTH 21.28'15" EAST
145.60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHWESTERLY AND HAVING' A RADIUS OF '39.36 FEET; THENCE
SOUTHERLY, SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ,ALONG SAID
CURVE ~HRO(JGH A CENTRAL ANGLE OF 162.36' A DISTANCE OF 111.70
FEET; THENCE TANGENT TO SA-I~ CURVE NORTH 380'52'15" WEST 82.37
FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 100,.00 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 33'25'25" A DISTANCE OF
58.34 FEET; THENCE ALONe; A RADIAL LINE OF SAID CURVE SOUTH
17'42'20" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING.;
THENCE RETRACING NORTH 17'42'20" EAST ALONG SAID RADIAL LINE
20.0.0 FEET TO A POINT ON THE ARC OF SAlp 100.00 FOOT RADIUS
CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 10'44'35" A DISTANCE OF 18.75 FEET; THENCE TANGENT TO
SAID CURVE NORTH 83'0.2'1~' WEST 297.86 FEET; THENCE SOUTH
29'03'45" WEST 173.17 FEET; THENCE SOUTH 1'26' WEST 87.36 FEET,
THENCE EASTERLY IN A STRAIGHT LINE 400 FEET MORE OR LESS TO THE
SOUTHERLY TERMINUS OF A STRAIGHT LINE DRAWN, SOUTH 2'37'10" WEST
214.50 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH
2'37'10" EAST 214.50 FEET TO THE TRUE POINT OF BEGINNING,
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· RESOLUTION NO Pf j5"67 ·
A RESOLUTION OF Tf:-iECITY COUNCIL
OF THE CITYOFPOWAY, CAl.!IFORNIA.
APPROVING CONDITIONAL.USE PERMIT 96-19
ASSESSOR'S PARCEL .NUMBER316-063-02
WHEREAS, Conditional Use. Permit 96-19.submitted by Nextel Communications;
Inc., Applicant;. Thomas Farl~y, Owner, for the purpose.,af installing telecommunication
equipment consisting of four (4) 4'x1' panel antennas mounfed on 8'6" steel poles, radios
cantainedwithin two 5'x5'x5' equjpment cabinets and a separate stand of four (4) 4'x1'
antennas mounted on 10' high steel poles. The telecommunication facility is to be located
on the residential property located at 12601 Cobblestone Creek Road within the Rural
Residential A zone; and
WHEREAS, the City Council has read and considered said report and has
considered other evidence presented at a public hearing held on December 17, 1996
NOW, THEREFORE, the City Council does hereby resolve as follows,
Section 1, Environmental Findinas:
Issuance of a Negative Declaration (indicating no significant adverse environmental
impacts anticipated) is recommended
Section 2: Findinas:
1 That the location, size, design, and operatiQg characteristics of the approved
use will be compatible with and will not adyersely affect or be materially
detrimental to adjacent uses, residents, buil(jings, structures, or natural
resources, in that the siting of additional utilities within residential
neighbarhaods'isJaund to be a necessary service to the community
2, That the harmony in scale, bulk, coverage; and. density is consistent with
adjacent uses, in thatthe,antennas, radiosclnd, the,equipment cabinets will
be totally or partially screened by existing shrubs'and trees and additional
landscaping to be installed by the,applicant.
3 ThaUhere are public facilities, services, arid utilities avaiiable or that will be
extended to the telecommunication equipment.
4 That there will not be a harmful .effect upon desirable neighborhood
characteristics, in that the approved equipment will be screened by
vegetation, and will be painted so as to tilend with its surroundings
5 That the generation of traffic, will notadversely'impaCt the surrounding streets
and/or the City's Transportation Element, in that no significant traffic will be
generated by the telecommunication facilities. One service trip every 5-6
weeks is anticipated.
EXHIBIT B
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1361
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Resolution No P-96-87
Page 2
6 That the site is suitable for the type and intensity of use or development
which is proposed, in that it.is a minor ridgeline which provides the proper
line-of-sight reception characteristics.
7 That there will not be significant harmful effects upon environmental quality
and natural resources.
8. That there are no other relevant negative impacts of the proposed use that
cannot be mitigated
9 The proposed use will not adversely affect the City of Paway General Plan
for future as well as present development.
Section 3. Citv Council Decision.
The City Council hereby approves Conditional Use Permit 96-19 subject to
the following conditions:
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
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1 Approval of this conditional use permit is for installation ,of enhanced specialized
radio (ESR) telecommunication equipment that includes. two (2) 5'x5'x5' ground-
mounted equipment cabinets containing radias(maximum height - 5'), four (4) 4'x1'
panel antennas mounted on 8'6" steel poles (maximum height - 8'6") and four (4)
4'x1' panel antennas mounted on 10' poles (maximum height - 10'). No additional
equipment shall be installed or additional antennas attached to the reservoir without
City Council approval of a modification to CUP 96-19
2. The appropriate Building Department approvals and fees shall be received prior to
initiation of construction,
3. The applicant shall comply with the latest adopted Uniform Building Code and all
other applicable codes and ordinances at the time of building permit issuance.
4 The antennas and the equipment cabinets shall be painted a neutral color to blend
with the surrounding natural vegetation.
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Resolution No P-96-87
Page 3
5
1362
CanditianaLUse.permitsshall be subject to annual;review by the Director of Planning
Services for compliance with the conditiansafappraval 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 the Planning Services Department has received
complaints, the req\lired annual review shall be set for a public hearing before the
City Council, to consider modification or revocation of the use permit.
6
The use conditiaoally granted by these permits shall not be conducted in such a
manner as to interfere with the reasonable use and enjoyment of surrounding
residential.
7
The .use of outside speakers and flashing lights on service trucks is prohibited
between 9'00 p.m. and 7'00 a.m.
8
The exterior surfaces of all ofthe equipment afthe telecommunications facility shall
be painted a neutral color to match and blend with surrounding vegetation.
9
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
1 A detailed landscape and irrigation plan shall be submitted to and approved by the
Department of Planning Services prior to the issuance of building permits. The
plant material shall be compatible and blend with the surrounding natural
vegetation. Plan check fees shall be paid at the established rate.
2, Existing on-site shrubs and vegetation shall be retained wherever possible
3. Landscaping shall be installed prior to building permit final for the equipment
cabinet(s) and the antennas,
4 All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris or the conditional use permit shall be subject to
revocation.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
1 Grading permit will be required if grading exceeds 50 yards
2. A road maintenance agreement shall be required if neighboring Cobblestone Creek
Road property owners request that Nextel Communications, Inc. participate in the
maintenance of the road. The agreement shall be ,submitted to the Director of
Engineering Services in.a form satisfactory to the City Attorney
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1363
Resolution No. P-96-87
Page 4
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE
SHALL BE APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1 Emergency vehicle access shall be maintained to the site.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 17th day of December, 1996
~+\~
Don Higginson, M yor
~ k ")UMJ,i..,
Marjot~, Wahlsten, City Clerk
r hereby certify, unCler the penally
of periury, _,that~hEi'';;;bove and
" \'
foregoing js~ a' true anJ~ correct
copy of R~;ol~tio"", NoU6.:-K7.
01 adopted by the -Gly' Council of
Poway, C~lifor~ia:on In'e ,iJ'J.t.C
day of.J)~h~., '~~6 .
MARJORIE K. W~TEN,'CJTY CI.fRlC
)SS . .
COUNTY OF SAN DIEGO I ~~ kC7'-4lto:.
I, Marjorie K, Wahlsten, City Clerk of the City afPaway, do here y certify, under the
penalty of perjury, that the foregoing Resolution, No., P-96'-87 , was duly adopted
by the City Council at a meeting of said City Council held on the 17th day of
December ,1996, and that it was so adopted by the following vote.
STATE OF CALIFORNIA
ATTEST
AYES
CAFAGNA, EMERY, GOLDBY, REXFORD, HIGGINSON
NOES
NONE
ABSTAIN
NONE
ABSENT
NONE
K j1J~ C.,
Marj rie K. Wahlsten, City Clerk
City 0 oway
E,ICITY\PLANNI NGIREP0RTlCUP9619,RES