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Covenant Regarding Real Property 1991-0065376 \, .. ~... '~',f..., " ','j';, ::'.' " . 476 DO[~: 1991-0065376 12-FEB-1991 08:19 AM SAN DIEGO COUNTY RECORDER' S OfFICE ANNETTE EVANS, COUNTY RECORDER Rf: 16.00 fEES: 31. 00 AF: 14.00 Mr: 1. 00 . _'4 RE~ORDING REQUEST BY: CIT,Y OF POWAY CITY CLERK ., CITY OF POWAY P.O. BOX 789 POWAY, CA 92064 ) ) ) ) ) ) ) ) ) ) ) ) (This space for Recorder's Use) WHEN RECORDED MAIL TO: No Transfer Tax Due COVENANT REGARDING REAL PROPERTY r() .1 Jerry Lee and AngelaC. Lee, husband, ,and wife, as community property ( "OWNER" hereinafter) are the owners 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 272- 232-01 - 05 ("PROPERTYw hereinafte~). In con~ideration of the approval of Tentative Tract Map 90-04 a~d Va~iance 90-14 by the City of poway ("CITY "hereinafter), OWNER' her,eby covenants and agrees for the benefit of the CITY, to abide by conditions of the attached resolution (Exhibit B). C I 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 ..~-'-\ In the event that Tentative Tract Map 90-04, and Variance 90-.14 expires or is rescinded py City Council at the request of the OWNER, CITY shall expunge this Covenant ,from the record title of the PROPERTY.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 P?rty shall be entitled to full reimbursement of a~l costs, including reas,onable attorneys' fees, from the other par:ty. The CITY may assign, to persons impacted, by the pe~formance of this Covenant the :right to enforce this Covenant ag'ainst OWNER. Dated: \TtrrI U J tf:jq/ Dated: .J1frJ 2-1, {q'f I . " Dated: 9MUh't} 9', ,qq I , CITY OF POWAY By ~ ~-tl~, (No need to otarize) " 'd. '. -, !'-' 477 ..---,",,-,. \ .: " ACKNOvlLEDGEMENT state of California County of San Francisco ) ) ss. On January 21, 1991, before me the undersigned, a Notary Public for the state of California, personally appeared JERRY LEE and ANGELA C. LEE, proved to me on the basis of satisfactory evidence to be the persons whose name are subscribed to the within instrument, and acknowledged that they executed it. --.:, I . ., omCIAL JAMIE S.LAU ~ . NOTARY PlSUC . CALI10RNIA an I (OIlITY Of Sf.I BlWSCO M'/ Comm. Eltolr..9:Dt.17,lfb , ,- " t. /-) .~ <..-... ..,'i I.h ^' /-.0-.., J1WU s. LAU NE)TARY PUBLIC My Commission Expires: September 17, 1993 ,-0::.... . . Policy Nb. Page 1 915364 -51 478 DESC:RIPTION 'PARCEL 1': The, South 75.00 feet of the North 150,00 feet of that portion of Lot 2, Section 35, Township 13 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, described as follows: BEGINNING at the' Northeast corner of said Lot ,2; thence West along the Northerly line of said Lot, a distance of 660,00 feet; thence South parallel with the East line of Lot 2, a distance of 330.,00 feet; thence West parallel with the Northerly line of Lot 2 to an intersection with the West line thereof and the TRUE P9INTOF BEGINNING; thence Northerly along said West line to an intersection, with a line that is parallel with and distant 150,00 feet Southerly at right angles from the North line of said Lot; thence East along said parallel rine 330.00 feet; thence South parallel with said East linel~80.00 feet1 thence West parallel with th~ Northerly line of said Lot 2 to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM the East 200.00 feet ther,eof. ALSO EXCEPTING THEREFROM any portion thereof lying West of the main public highway, Route 3. PARCEL 2: The South 75 feet of the North 150 feet of the West 30 feet of the East 200 feet of the following described land: That portion of Lot 2" Section 35, Township 13 South, Range 2 West, San Bernardino Meridian, in the County of San Diego, State of California, according to the Official Plat thereof, described as follows: BEGINNING at the Northeast corner of said Lot 2; thence West along the Northerly line of said Lpt, a dist;nce of 660 feet; thence South parallel with the East line of Lot 2, a distance of 330 feet; thence West parallel with the Northerly line of Lot 2 to an intersection with the West line thereof and the TRUE POINT OF BEGINNING; thence Northerly along said West line to an intersection with a line tha,t is parallel with and distant ISO feet Southerly at right angles from ,the Nor,th line of said Lot; thence East along said parallel line 330 feet; thence South parallel with said East line 180 feet; thence West parallel line with the Northerly line of Lot 2 to the TRUE POINT OF BEGINNING. PARCEL 3: That portion of Lot 2, Section 35, Township 13 South, Range 3 West, San Bernardino Meridian,in the County of ~anD1.ego, State of California, according' to the Official Plat thereof" described as follows: BEGINNING at the point of intersection of the West line of sa.id Lot 2 with a line drawn parallel with and 150 feet Southerly at right angles from the Northerly line of said Lot; thence Easterly along said parallel line, 130. feet to the Northeasterly corner of land described in deed to CONSTRUCTION MORTGAGE CORPORATION, recorded May 1, 1961 as File/Page No. 74746 of Official \ . 479 . l'olicy'Nb. Page 2 915364 - 51 DESCRIPTION Records';' thence, So.~_th, ,~5 ,l!,e,et to the Southea.steEly corner of said land; thenceWe's,teriy along the,' :Southerly line thereof to the Westerly line of said Lot ; thence Northerly along said Westerly rine 'to the POINT OF BEGINNING, EXCEPTING that portion, if any, lying Westerly of the center line of the main' public highway, Route No'. 3. PARCEL 4: That portion of Lot 2, in"Section 35, Township 13 South, Range 2 West, San Bernardino Meridian, in the' 'County of San Diego, State of California, according to the Official Plat thereof. BEGINNING at the Nort:hwest, ,corner of said Lot 2; thence Southerly along the Westerly line of said Lot 2; to an intersection with a line that is parallel 150.,00 ,feet Southerly of arid 'parallel with,. me,asured at right angle~.to the 'Nor,therly line of said Lot 2;' thence East along said parallel line 330,00 feet; thence Northerly parallel with the Easterly line of said Lot, 150 feet to said Northerly line'; ,thence Westerly along said Northerly line to the POINT OF BEGINNING. EXCEPTING THEREFROM that portion being described as follows,: BEGINNING at the, Northwesterly corner of said Lot 2; thence along the Northerly' line thereof South 890 07' 04" East 27.07 feet; thence South 00 52' 56" West 12.0.0 feet.; thence North 890 07' 04-" W,est 29.65 feet, to the, Westerly line of said Lot 2: thence along said,Westerly line North 130 03' 18" East 12,28 feet to the POINT OF BEGINNING. PARCEL 5: The' North '75.00 feet of the West 30,00 feet of ,the East 200.00 feet, of that portion of Lot 2 in Sec'tion 35, Township 13 South, 'Range 2 West. San 'Bernardino Meridian, in the County 'of San 'Diego, ,State of California, according to the Official Plat thereof, described as follows: COMMENCI:NG. at the Northeast corner of -said Lot,'Z; thence West along the North line of sa'id Lot a distance of 660,00 feet; thence South parallel with the 'East line"of sa'idLot 2" a distance oi 330.00 feet 'to.a point here'in, " d~sitgnatedas Point "A"; thence West parallel';',i:th the'North line of said Lot 2, to an intersection with the West'erly' line of said Lot and the TRUE POINT OF BEGINNING,; thence Northerly along sa'id, ,WesterlY line to an intersection with a line that is parallel with and 150:00' feet Southerly at right angles to the North line of said Lo't.2; thence ,'East along said parallel line, 330,00 feet;, thence South parallel with the East, ,1il1e of said Lot 2 a distance of 180 fe'et, more or less I tOo an intersection with a line drawn WEfs:t and parallel ,with the North line of said Lot 2 from. said Point "A" hereinabove designated; thence West along said parallel line to the TRUE POINT OF BEGINNING, r 1 . . 4'80 RESOLUTION NO. p-9J~O 2 A RESOLUTION OF THE CITY COUNCIL OF THE CI~Y OF POWAY, CALIFORNIA ApPROVING TENTATIVE TRACT MAP 90-04 AND VARIANCE 90-14 ASSESSOR'S PARCEL NUMBER 275-232-1 THROUGH 5 WHEREAS, Tentative Tract Map 90-04 hereina,fter "Map" 'and Variance 90-14, submitted by Alan Royster and Jerry and Angeia Lee, applicants, for the purpose of subdividIng real property situated in the City of poway, County of San Diego, State of California, described as a portion of Lot 2, Section 35, 'Township 13 according :to the Official plat thereof, regularly came before theCi ty Council for public hearing and action on January 8, 1991; and WHERE,:..._S, the Director of Planning Services has recommended approV;al of "the Map subj ect to all conditions set forth in the Planning Services Department report; and WHEREAS, the City Council has read afid consldered said report and has considered other evidence presented at the public hearing. N.OW, THEREFORE, the C'ity Council does hereby resolve as follows: Section 1: Environmental FindinGs: The City ,Council finds that the projec;,:t will not have a significant adverse impact on the, environment and hereby issues a Negative Declaration with mitlgation measures. Section 2: Findinqs: Tentative Tract~ap 90-04 1. The proposed proj ect will be cons-is tent with the existing general plan and there is a reason~ble probability that the project will be consistent with the proposed general plan. 2. The tentative tract map Comprehensive Plan in that proposed for development. wi th the hous ing is is cons istent single-family ,3. The design or improvement of tile, tentative tract map is consistent with all applicabl~ general and specific "plans; in that improveni'entsadhere to the develoI?ment standards of the City of ,PO\-iily Zoning Development Code and the Subdivision Ordinance. . 481 . r 4. Resolution No. p-91-02 Page 2 The site is physically suitable for the, type of development proposed; in that the site is gently sloping and can accommodate the number of lots proposed. ' 5. The site is physically suitable for the density of the, development proposed . The site w;ill be developed in conformance with density criteria of the RS-4 zone. 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 wholly disturbed and that maj or drainage improvements will help to mitfgate potential flooding, 7. The tentative tract map is not likely to cause seriotis public health problems; in that all lots will be ser~ed by public water and sanitary sewer service. 8. The design of ,the tentative tract map will not conflict w.ith any easement by the public at large, now of record, for access through or use of the property within the proposed subdivision. L Variance 90-14 1. There are special circumstances applicable to the property (size, shape, topography, location, or surroundings]. 6r 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 classific~tion~. The subject lots are positioned alortg the bulb of a cul-de-sac. The subject site is "L" shaped and contiguous to an existing separate lot which defines the edges of'the project boundaries. 2. Granting the variance, or its modification, is necessary for the preservation and enJoyment of a substantial property right, possessed by other property in the same vicinity and ,zoneafld denied to the, property for which the variance is sought. Lots 1 and 2 of Tentative Tract Map 88-13 were granted a similar' variance to lot width. In, addition, lots withIn the, immedi~te neighborhood - parcels 2, 3, 6, 11, 14, and' 15 of Assessor's Parcel Book 275, Page 74'0, loc?ted on Fqotman Court also contain less than a 70 foot width. 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. r l . . 482 Resolution No. P- 91-02 Page 3 in that a home of standard constructed on each lot setbacks. width and depth can still be and comply with required 4. The granting of this variance' does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, in that other residences in the same vicinity have been constructed using similar lot widths. 5. The granting of this variance does not allow a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property. 6. Granting the variance or its modification will not be incompatible with the poway General Plan. Section 3: City Council Decision: The City Council hereby approves Tentative Tract Map 90-04 and Variance 90-14 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 o'wner shall execute a Covenant on Real Property. 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,. Future homes plotted for Lots 4, 5, 6, and 7 shall meet all minimum setbacks. 3. 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 Director of Planning Services. 4. The variance approval shall expire on January 8, 1992. An application for time extension must be received 90 days prior to expiration in accordance with the City's Zoning Ordinance. r [ . . 483 Resolution No. p-91-02 Page 4 LANDSCAPING 1 . All graded slopes greater than five fee,t 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 the closest Landscape Maintenance District to the satisfaction of the Director of Public Services prior to final map approval. 3. A detailed landscape and irrigation plan,shall be submitted to and approved by the Public Services Department and Planning Services 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 interior streets and 20 feet on exterior streets. 5, 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 d'esigned and approved in conformance with the Sign Ordinance. RECREATION 1. On lots having a private or public equestrian/pedestrian trail on or adjacent to their property, the developer is required to have contained within the CC&R's, the following statement: In purchasing the home, I hav,e r,ead the CC&R'S and understand that said lot is subject to an easement for the purpose of allowing equestrian/pedestrian traffic. 2. The developer shall deposit funds for the improvement of the equestrian/pedestrian trail system in accordance w.i th the adopted standards and to the satisfaction of the Director of Public Services prior to building permit issuance. 3. Dedicate the Master planned equestrian/pedestrian trails to the satisfaction of the Director of Public Services in accordance with the Master Plan of Trails Element. 4. The developer shall pay the Park Fee at the established rate prior to or at the date of final inspection, or the date of "F I: _ L . . 484 Resolution No. p-91-02 Page 5 the Certificate of Occupancy, whichever occurs later, but a security deposit shall be posted with the City's Engineering Ser~ices Department prior to map appro~al. ADDITIONAL APPROVALS REQUIRED I. 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. 2. All sales maps that ar~ distributed or made available to the public, shall include but not be limited to trails, future and eXisting schools, parks, and streets. 3. A noise attenuation wal:l, a minimum of six feet in height shall ,be constructed at top of graded slope so as to adequately shield Lots 4, 5, and 6 from s'treet noise emanating frompomei:ado Road. In addition, no two story homes or second story additions may be permitted on these lots unless it can be demonstrated that interior noise levels as required ,in the poway Noise Ordinance can be met. APPLIcANT SHALL CONTACT THE DEPARTMENT OF EN.GINEERING SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: GRADING 1. If pad elevations increase by greater than, two feet in elevation from thos,e shown on the tentative map, City Council approval will be required prior to grading. 2. 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. 3. The grading plan shall contain, a certificate signed by a registered civil engineer that 'the grading plan has preserved a minimum of 100 squ'are feet of sol'ar access for each dwelling unit and for each future building site within the subdivision. 4. A soils report shall be prepared' by a qualified englneer licensed by the State of c:a1:iforn:ia to perform such work at first s~bmittal of' grading plan. 5. The final, gradin'g plan shall be su'bject' to rev iewand approval by the Planning and Engirie~rlng Services Departments and rough grading shall be completed prior to issuance of any building permit, whichever comes first. r l . . 485 Resolution No. P~91c02 Page '6 6. A pre-bl?st sur~ey of surrounding prop~rty shall be conducted t~ the satis.faction of the City Engineer prior to apy rock blil.sting(. Seismic recordings shall be taken for ,all blasting arid blas,ting shall occur 'only at locat'i6ris and levels approved by the City Engineer. All residents within 500 feet shall be 'notified 24 hours prior to any blasting. STREETS AND SIDEWALKS 1. The interior street, identified as Footman Lane on the tentative map, shall be 'improved to Ci'ty' of poway' s Urban Road - Dedicated Local street Standards with a modified right-of- way width of 52 feet ,wide. All: oth~r criteria and speci,ficiltionsshall be per Sections p.20,.,q70 and 12.,20.080 of the, 'Ci ty' Code. Said improvements shall include full improvements ,fronting Assessor's Parcel Number 275-232-05. *2. stone ,Canyon 'Road:conbiguous with the development" s boundary shall be improved to City ofPoway"'s Circulation Element - Col1ector Road Standards. Improvement shan include, but is not tO,be l~mited 'to, widening the: pavement width of the street., s' southerly half to 20 feet wide, construction of concrete cur'b and gutter 4.5 foot wide sidewalk, striping and grading. payement structural section sl\.a'll be designed based on a traffic index ~f 7.S. *3 .pomerado Road contiguous to the dev,elopment' s boundary shall be improved to City 'of Po way 's Circulation Element - Arterial' Road Standards. Improvements shall include, but is not to be HrTiiteq to, widening the pavement wid't:h, of the street's easterly, half to a]"ign with a'djacent improv,ements, constru'ction of concrete curb and 'g~ltter" 4,5 foot 'wide sidewalk, stripin'g ,and grading. 4. Vehicular access rights to Potnerado Road and stone Canyon Roads shall be relinquished and dedicated to the City of poway and labeled on the final map to the satis.faction of the Director, of Eng ineeT ingServ ices. 5. )\)1. lnterior a,nd exterior public stre,ets shall be constr,ucted to public street standards. 6. Sidewalks 4.5 feet in width. shall be required on both sides of Fo'otman Lime and on one side of pomerado Road. 7. StJ:'ee,j: str.),ping an signing shafl be installed to the satisfaction of the Director of Engineering Ser'v,ices. 8. All street structural sections shall be submitted to and approved by the Director of Engineering Services. T t . . 486 9. Resolution No. p- 91-02 page 7 Street improvement plans prepared on standard size sheets by aRegi~te~ed Civil Ehgtpeer shall be submitted for approval by the Director of Engineering Services. Plan check and inspection fees shall be paid by the developer.. 10. All exterior street improvements shall be constructed prior to issuance of building permits, to the satisfaction of the Director of Engineering Services. 11. Street improvements that include, but are not limited to: x X X X Sidewalks Driveways Wheel chair ramps Curb and gutter x Cross gutter Alley gutter Street paving Alley paving x shall be constructed prior to the occupancy of the units to the satisfaction of bhe Director of Engineering Services. 12. 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. 13. 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. *14. The developer shall ,pay the Traffic Mitigation Fee at the established rate prior to the final inspection. (However, a security deposit shall be posted with the Ci-ty's Engineering Services Department prcior to building permit issuance). DRAINAGE AND FLOOD CONTROL "1. Easements shall be dedicated to the City of poway on the final map for all necessary public purposes, including, but not limited to, storm drain, water, sewer and Landscape Maintenance District easements, *2. Intersection drains will be required at locations specified by the Director of Engineering SerVices and in accordance with standard engineering practices. * 3. A drainage system capai:lle of, handling and dispos ing, of all. surface water or'igirrating withIn thesubdi vis'ion, and all surface waters that may flow onto the subdivision from adjacent lands, shall be required. Said drainage system shall r l . . 487 Resolu tion No. p- 91 ~O 2 Page 8 include any i;)rrector of ~drainage . easements. and structures Engineering Services to as required by the. properly handle the 4'. Portland cement concrete cross gutters shall be installed where water crosses the roadways. *5. The Master Plan of Drainage Fee shall be paid at the established rate in accordance with the Drainage Ordinance prior to final inspection. (HOwever, a security deposit shall be posted with the City's Engineering Services Department prior to building permit issuance). 6. Concentrated flows across driveways and/or sidewalks shall not be permitted. UTILITIES *1. All proposed utilities within the project less than 34.5 KV shall be installed underground including existing utilities along Circulation Element roads and/or highways. ' 2 . utility easements shall be provided to the specification of the serv.i'ng utility "companies and the Director of Engineering Services. *3. The developer shall be responsible fQr the relocation and, undergrounding of 'existing public utilities as required. 4. Water,. sewer, and fir,e protection systems plans shall be designed and constructed to meet requirements of the City of poway and the County of San Diego Department of Health. 5. Prior to acceptance of property for sewer service, annexation to the sewer improvement area shall occur. *6. The applicant shall pay for a water system analysis to establish the proper size and location fOr the public water system. The amount will be determined by the cost of the analysis and shall be paid upon demand by the City. 7. The applicant shall, within 30 days after receiving approval of the tentative tract map apply for a Letter' of Availability '(LOA) to' reserve sewerage availability' ,and post wi'th the City, a nonrefuIldable reservation fee equal to 20% of the appropriate sewerage connection fee in ef:fect at the time the LOA is iss,ued. This property retains four EDU's of sewer capacity from prior improvements. The LOA shall only be necessary for the three EDUs appropriated from the All Other projects Category. F t . . 488 Resolution No. P-91-02 Page 9 8. Developer shall construct a light system conforming to City of poway standards at no cost to the public, subj ect 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 from the lowest point of 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 shall be accomplished and evidence of annexation shall be accomplished 'at the time of final ihspection or Certificate of Occupancy, whichever occurs later. 9. Cable television services shall be provided and installed underground. The developer shall notify the cable company when trenching for utilities is to be accomplished. APPLICANT SHALL CONTACT THE DEPARTMENT OF SAF~TY SERVICES REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Roof covering shall meet Class A fir,? 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. 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 wi th their background. Minimum height of address numbers shall be four inches. Address may be required at private driveway entrances. 3. A new fire hydrant shall be installed on the property line between Lots 3 and 4. GENERAL REQUIREMENTS AND APPROVALS 1. All provisions of the Subdivision Ordinance of the poway Municipal Code shall be ~et as they relate ,to the division of land. 2. Prior to final map approval, all dedications shall be made and easements granted as required above. '" r t '. . . . , 489 Resolution No. p- 91-02 Page 10 3. The tentative map approval shall expire on January 8, 1993. An application for time extension must be received 90 days prior to expiration in ,accordance with the City's Subdivision Ordinance. APPROVED and ADOPTED by the City Council of the City of Poway, State of California, this 8th day of Janupry 1991f ; ATTEST: . \\ \ ~\).,:v "k O\.t~- J an \GOldSrtl\i th, Ma yo r " \ ' ~ J l '\ (Ll,.~"-L< 1:."- ,:\{Lk'"Ci__ Marjorie K. Wahlsten, City Clerk STATE OF CALIFORNIA ) ) SS. ) 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-91-02 , was duly adopted by the City Council at a meeting of said City Council held on the 8th day of _ January ,1991, and that it was so adopted by the following vote: AYES: EMERY, HIGGINSON, MCINTYRE, SNESKO, GOLDSMITH NONE NOES: ABSTAIN: NONE ABSENT: NONE " \ I .." ., \ . , I ' .;- .:-'\r l ;., \ \.\; ~_ \ ;..:' ..' _.' it '-- :~~ '. h.,,- REPORT\TTM9004.RES Marjorie K. Wahlsten, City Clerk City of poway