Covenant Regarding Real Property 1988-522245
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CITY CLERK
ciTY OF rowAY
P.O. OOX 789
rowAY, CA 92064
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REOJRDING REQUFST. BY:
CITY OF f1(Ji[/;.Y
88 OCT I 3 AM I I: I 5
j VErlA L. ',(L~~ I
~OUHTY Fi[I~}RO~
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WHENREOJRDED MAIL TO:
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No 'Transfer Tax Due
(This space for Recbrder,ls use)
CXJVENANI' RmARDING REAL PROPERTY
~.il~,iam Lloyd Welch ,and Mary Ann Welch as to an undivided 1/2 irterest and
George L. ~yf~eld and Kathleen M; 'Manfield as to an undivided 1/2 interest
("OONERS" Hereinafter} are the owners of real property described in Exhibit A which
is attached hereto and rrade a part hereof and which iscoI1ll1Only known as
Assessor's 'parcel Number 314-193-42 ("PROPERTY" hereinafter). In consideration
of the approval of Develop:rent Review 88-12 and Variance 88-07 by the City of
PcMay ("CITY'; hereinafter), a-INER hereby covenants an,d 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 futur:e owners, encumbrancers, suc,cessors, heirs, personal
representatives, transferees and assigns of the respective parties.
a-INER agrees that a-INER's duties and obligations 'under this Covenant are a
lien uP,On the property. Upon notice and oppOrtunity to respond, the CITY rray
add to'the tax'bill of' a-INER any past due financial obligation owing to CITY BY
way of this Covenant.
If either party -is requifedtO 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, fran the other party . The CITY rray
assign toJ?E!rsons impact~ by the performance of thi~./r. en~:y, ~gl)t to
enforce thls Covenant .agaJ.nst a-INER. ....y~ ~ ~
CWdL
Dated:
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Dated:
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CITY OF rowAY
By (~Z;;:~e~rP~
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On September 15, 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared William Lloyd Welch and Mary Ann Welch * *
CAT. NO. NN00627
TO 1944 CA (9-84)
(Individual)
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STATE OF CALIFORNIA
COUNTY OF San Diego
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~ TICOR TITlE INSURANCE
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proved to me on the basis of satisfactory evidence to. be
the person.....s.. whose names :1rp subscribed to the
within instrument and acknowledged that ~ exc~
cured the same.
WITNESS my hand and official seal.
Signature '4r -1{ J~ 71t ~u...--/W1 ,
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OFFICIAl. SEAl
AINA M, TURNER
NOTARY PUBlIC. CAlIFORNIA
PRINCIPAl OFFICE IN
SAN DIEGO COUNTY
&I, CommlSSlOnuD. July 24. 199'
(This area for official notarial seal)
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LEGAL
ORDER
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DESCRIPTII
NO. 25027-K
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PARCEL 1:
Lot 1 in Block 10 of PIERMONT, in the County of San Diego,
State of California, according to Map ther'eof No. 331, filed
in the 'Office of the County Recorder of said San Diego County,
May 27, 1887.
Together with that portion of Aubrey St-reet lying. NOr,th of and
adjacent to said Lot 1 and ly ing Easterly of the Easter'ly 1 ine
of Midland Avenue and Westerly of the Northerly prolongation
of the cen ter 1 ine of alley in sa id Block 10, as closed and
vacated to public use by Resolution recorded April 25, 1946,
as File No. 45170 and re-recorded May 17, 1946 as File No.
53347.
ALSO, that portion of the West Half of the alley in said Block
10 bounded on the West by Lots 1 through 5 and on the East by
Lot 6 in said Block 10, lying Southerly of the South line of
Aubrey Street and Northerly of the North line of Adrian Street
as closed and vacated to public use, by Resolution recorded
April 25, 1946 as File No. 45170 and re-recorded May 17, 1946
as File No. 53347.
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EXHIB rr~ "A"
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GENERAL. ,ACKNOWLEDGMENT
'ie. * 'ie 'j:, ''ie * * * * * '* * * *' *
California
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* State of
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San Diego
On this the 14th day of
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September
19 88, before me, *
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Cindy S, Gary
the undersigned Notary Publ ic, personally
"George L, Mayfield and. Kathle~n Mayfield
appeared
OFFICIAL SEAl
" CINDY S, GARY,
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
MY;forilmission Exp. No~. 23. 1990
09 personally known to me
o proved to me ,on, the basis of satisfactory
to be the person(s) whose name(s) are
to the within instrument, and acknowledged
executed it.
WITNESS my hand and official s al.
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evi dence:
subscribed
that
f"'hPy
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PARTNERSHIP ACKNOWLEDGMENT
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On this the day of 19 before me, *
) SS. *
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the undersigned Notary Public, personally appeared *
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o persona lly known t(), me *
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o proved to me on the basis of satisfactory evidence *
to be the person(s) who executed the within instrument *
on beha1f of the partnersh~p, and acknowledged to me th~t *
the partnership executed it. *
* WITNESS my hand and offi c i,a 1 sea 1. *
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", * Notary's Signature *
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* State of
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* County of
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CORPORATE ACKNOWLEDGMENT
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On this the day of 19 before me, *
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* State of
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* County of
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the undersigned Notary Public, personally appeared
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on the basis of satisfactory evidence to .
who executed the within 'instrument as .
of on beha1~ of the corporation .
therein named, ~nd aGknowledged to me that the corporation.
executed .iJ.
I>/'ITNESSmy hand and officta 1 seal.
o p'ersona lly known to me
o proved to me
be the person(s)
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Notary's,Siignalur,e*
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818
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RESOLUTION NO. P-88-93
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A RESOLUTION OF THE CITY SOUNCIL
OF THE CITY OFPOWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 88-12 AND VARIANCE 88-07
ASSESSOR'S, PARCEL NUMBER 314-193-42
WHEREAS, Developrnent Review 88-12 and Variance 8~-07, submitted
by Camino Air Conditioning, Inc., applicant, requests ~pproval of
the ,construction of a 4,992 square-foot commercial appliance sales
and warehouse building. The property is 'located on Midland Road in
the CG (Commercial General) zone; and
WHEREAS, on August 30, 1988, 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 Negative Declaration issued on October I, 1985 satisfies
the requirement of CEQA.
Section 2: Findings.:
Development Review 88-12
1. That the proposed development is in conformance with the
poway General PIan in that the General Plan designates
the site for Gommercial development.
2. That the proposed development wil1 not have an adverse
aesthetic" heal'th, safety, or archi tecturally related
impact upon adjoining properties.
3. That the proposed development is in compliance with the
Zoning Ordinance in that all development standards wi11 be
met through project construction.
4. That the proposed development encourages the orderly and
harmon'ious appearance of ,str!,lctures and property within
the City in that the proposed building will incorporate
architectural details, materials, and colors that will be
complementary to Poway's rural character.
Variance 88-07
1. That there are special circumstances applicable to the
property si.ze and shape, and because of this, the strict
applica tion of the Zoning Ordinan'ce depr i ves the property
"EXHIBIT B"
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819
Resolution No. p-B8-93
Page 2
ot privileges enjoyed by Dther properties in the vicinity
under identical zoning classifications; in that the City
has required dedication of additional street right-o~-way
which changes the position of the propqsed building in
relation to the minimum street sideyard setback.
2. That granting the variance or its modification is
necessary for the preservation and enjoyment of a subs tan-
tial property right possessed by other property in the
same vicinity and zone and denied to the property for
which the variance is sought; in that other properties in
the immediate vicinity are located closer than the present
required setback.
3. That gr~ntirig the variance or its fuodification wil1 not be
materially detrimental to the public health., safety or
welfare... or injurious to the, proper.ty or improvements in
such vicinity and zone in which the property is located;
in that the roadway dedication and future improvements
will enhance the publ ic we If are.
4. The granting of this variance does not constitute a spe-
cial privilige inconsistent with the limitations upon
other properties in the vicinity and zone in which such
property is situated.
5. The granting ef this variance does not al10w a use or
activity which is not otherwise expressly authorized by
the zoning regulation governing the parcel of property.
6. That granting the variance or its 'modification wil1 not be
incompatible with the poway City General PIan.
Section '3: C-ity,Council Decision:
The City Council hereby approves Developmerit'Review 88-12 and
Variance 88-07 s~bject to the fol1owing conditions:
1. Within 30 days of approval; (1) The applicant shall submit
in writing that all cbndition~ of approval haVe been read
and understood; and (2) the property ownershall execute a
Notice of Restriction on Real P~operty. '
2. The applicant shal1. within 30 days after receiving appro-
val of the development review. apply for a Letter of
Availability (LOA) to reserve sewerage a~ailability and
post with the Clty a non~refundable reservation fee equal
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R~solution No. p- 88-93
Page 3
to 20 percElnt of the appropriate sewerage connection fee
in effect at the time the LOA is issued. Failure to
comply with this condition within the specified time limit
will cause this project approva~ to become null and void,.
Road Improvements
The applicant shall pay the City of poway prior to building
permit issuance~ ,a cash deposit for the value of road improve-
ments to Midland Road and Aubrey St'r:eet contiguous with the
project. The amount of said cash deposit shall be determined
from a cost est~mate to be submitted by the applicant's Civil
Engineer but subject to City Engineer's approval. Said amount
shall include, but is not to be limited to, engineering design,
construction cost, and a ten percent contingency of the overall
cost.
Miscellaneous
1.
The driveway access from the north shal1 be eliminated. and
a continuous 30 inch high wall sha11 be constructed along
the northern edge of the parking lot, to the satisfaction
of the Director of Planning Services.
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A commercial sty-le fire hydrant shall be installed along
the Midland Road frontage to the satisfaction of the, Fire
Marshal. '.
3. The sign oh' the parapet is approved in concept; however,
the specific design sha11 be submitted to and approved by
the Diiector of Planning Servicespr,ior to issuance of a
sign permft.
4. Dr.iveway,s 'shall be a maximum of' 35 feet in width wi th
alley curb returns.
5. The de'sign of ,the eight inch sewer line from Adtian Street
to Aubrey Street shall be approved prior to or concurrent
with building permit issuance. Sewer construction shall
be completed and a 20 foot public sewer easement shall be
granted to the City of Poway prior to building occupancy.
6. Adra:ina'ge. struc,ture: shal1 be construc,ted along the curb
return of Midland Road, exi t ing to Rat tles'nake Creek, to
the satisfaction of the City Engineer. If approved by the
City Engineer, this work may be deferred until the time of
the City work in the area.
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Resolution No. p-B8-93
Page 4
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING SERVICES
REGARDiNG COMPLIANCE WITH THE FOLLOWING CONDITIONS:
,A. SITE DEVELOPMENT
1. Si te shall be developed in accordance with th'e approved site
plans on file in the Planning Services Department and the con-
ditions contained herein.
2. Revised site plans and building elevations incorporating all
cpnditionsof approval shall be submitted to the Planning
Services Depar.tment prior to issuance of building permits.
3. Approval of this request shall not waive compliance withall
sections of the Zoning D~velopment Code and all other appli-
cable City Ordinances in effect at the time of building permit
issuance.
4. Trash receptacle shall be enclosed by a 6 foot high masonry
wall with view-obstructing gates pursuant to City standards.
Location shall be subject to approval ?y the Planning Services
Department.
5. AIl roof appurtenances, including air condi'tioners, shall be
architecturally integrated, shielded from view and sound buf-
fer,ed from adjacent properties and stree,ts as required' ,by .the
Planning Servic'es Department.
6. Prior to any ,use of the project site or business activity being
cOJ1Unenced thereon, all conditions of approval contained herein
shall be completed to the satisfaction of the Director of
Planning Services.
7. The applicant shall ,comply with the latest adopted Uniform
Building Code, Uniform Mechanical Code" Uni'form Plumbing Code"
National Electric Code, Uniform Fire Code, and all other appli-
cable codes and ordinances in effect at the time of building
permit issuance.
8. Prior to deliv~ry of combustible buildihg materials on site,
water and sewer systems shal1 satisfac'torily passall required
tests and be connected to the public water' ,and sewer systems.
T.he firs,t and, fLnal lift,S of -asphalt pav.i,ngsh,all notl?e
in~t~11~d tintil J11 other construction activity has been
substantially completed to the satisfaction of the City.
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Resolution No. P- 88-93
Page 5
9. For a new cornmercial or industrial ,development, or addition to
an existing development, the applican.t shall pay development
fees at the established rate. Such fees may include, but not
be limited to: Permit and pIan Checking Fees, Water and Sewer
Service Fees. These fees shall be paid prior to buildingper-
mit issuance.
10. This apprbVal shall become null and void if building permits
are not issued ,for this project within one year from the date
of project approval.
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11. Building identif4cation and/or addressei shall be pI aced on all
new and existing buildings so as to be plainly visible from the
street or access road.: color of identif-i-cation, and/or addresses
shal1 contrast with their background color.
12. Roof numbers shall be required on new construction meeting
Department of Safety Services requirements.
B. PARKING AND VEHICULAR ACCESS
1. All parking 10t landscaping ~hall consist of a minimum of one
fifteen 11S1 gallon size tree for every three (3) park4ng spaces.
For parking 10t islands, a minimum 12 ipch wide walk adjacent
to parking stalls shall be provided and be separated from vehi-
cular areas by a six inch high, six inch wide port'land 'con'cr.ete
cement curbing. '
2. Parking 10t lights shall be 10w pressure sodium and have a
maximum height of eighteen (18) 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 ~ree and
clear, a minimum of 24 feet wide at all times during construc-
tion in accordance with Safety Services Depa~tment require-
ments.
4. AIl parking spaces shall be double striped.
C. LANDSCAPING
l.A detailed landscape and irrigation pIan shal1 be submitted to
and approved by the Planning Services Department prior to the
issuance of building permits.
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Resolution No. p-88-93
Page 6
2. Street trees, a minimum of 15 gallon size or larger, shall be
installed in accordance with the City of poway Ordinance and
shal1 be planted at an average of every 30 feet on interior
streets and 26 feet on exterior streets.
3. All landscaped areas shall be maintained in a healthy and
thriving .condition, free from weeds, trash, and debri's.
D. SIGNS
Any signs prop6sed for this development shall be designed and
approved in conformance with the Sign Ordinance.
E. RECREATION - NONE
F. EXISTING STRUCTURES, - NONE
G. ADDITIONAL APPROVALS REQUIRED - NONE
APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
H. GRADING
1.
Grading of the subj~ct
Uniform Building Code,
pIan and geotechni8al
property shall b~ in accordance with the
City Grading Ordinance, approved grading
report~ ~nd a6~e~t~d grading pr&ctices.
2. A soilsrepor~ shal~ be prepared by a qualified engineer
licensed by the State of California to perform such work Prior
to bui~ding permit issuance.
3. The fin~1 grading pIan shal1 be subject ~o review and approval
by the Planning Services and publicServi'ces Departme'nt and
shall be completed prior to issuance of bu'i Idln'g pe'rmi t.
I. STREETS AND SIDEWALKS
1. Street improvements that include, but are not limited to:
X a. Sidewalks X e. Cross gutter
X b, 'Driyeways, (. Alley' gutter
X c, Wh'ee-l ch&ir ra'mps X g:. Street pa vi'n:g'
X d. CUl'b and gutter h. Alley paving
shall be provided for by cash deposit prior to the occupancy of
the units to the satisfaction of the Director of Public
Services..
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Resolution No. p_88-93
Page 7
2. All damaged off-site public worksf.acilities, including parkway
trees, shall be repaired or replaced prior to exoneration of
bonds and improvement?, to the satisfaction of the Department
of public Services.
3, Prior to any work being performed in the public right-of-way, a
public works permit shall be obtained from the public Services
office and appropriate fees paid, in addition to any other per-
mits required.
4. Street improvements and maintenance shall be made in accordance
with City Ordinance stand~rds for Urban Streets.
J. DRAINAGE AND FLOOD CONTROL
1. A drainage system capable of handling and disposing of all,sur-
face water originating within the subdivision, and all surf.ace
waters that may flow onto the subdivision from adjacent lands,
shall be require~. Said drainage system shall include any
easements and structures ~s required by the Director of Public
Services to properly hand Ie the drainage.
2. Portland cement concrete cross gutters shall be instal1ed where
water crosses th~ roadwavs.
3. The Master PIan of Drainage Fee sha11 be oaid at the
established ra.te il1 ,accordance with the 'Drainage Ordinance at
the date of final inspection or at the date the certificate of
occupancy is issued, whichever occurs later.
4. Concentr,ated flows across driveways and/or sid'ewalks shall not
be permitted.
K. UTILITIES
1. All proposed utilities within the project sha11 be installed
underground including existing utilities along Circulation Element
roads and/or highways 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 de.veloper sharI 'be responsible for the relocat'ion and
undergrounding of existing public utilities, as required.
4. Water, sewer, and fire. protection systems plans shall be
designed and constr,ucJ;,ed to meet requi,re_ments of the City of
poway and the Health Department of the County of San Diego.
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Resolution No. p-88-93
Page 8
5,. Developer shall construct a ligrt system conforming to City of
P6way Standards at no cost to the public, subject to the
following:
a. Cut-off LuminaIies shall be installed which will provid~
true 90 degree cutoff and prevene projection of light
above the horizontal from the 10west point of the lamp or
light emitting refractor or device.
b. All fixtures shall use a clear, 10w pressure sodium vapor
light source.
c. Advance energy charges and District engineering charges
shall be paid by the developer.
d. Annexation to the lighting distrJct shall be accomplished
and evidence of annexation shall be accomplished at the
time of final inspection or certificate of occupancy,
whichever occurs first.
5. Cable television services shall be provided and instal1ed
underground. The developer shall notify the Cable company when
trenching for utiLities is to be, accompLished.
L.
GENERAL REQUIREMENTS AND APPROVALS
1.
All of the above, improvements and requ,i'rements shall be 'In'stai'led
and prov'ided, or dG!ferred 'by guaranteeing installation wi thin fwo
years or prior to building permit issuance, whichever occurs first,
by the execution of a performance agreement, secured with suf-
ficient securities, in a form approved by the City Attorney. All
necessary processing fees, deposits, and charges shall be paid
prior to building permit issuance.
2.
Prior to finaL release, aLL dedications shall be made and
easements granted as required above.
3 .
The development review and variance approval shall expire on
August 30, 1999 unless an appLication for time extension is
received 90 days prior to expiration in accordance with the
City's Subdivision brdinance.
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Resolution No. P-88-93
Page 9
APPROVED and ADOPTED by the City Council af the City of poway,
State of Californiar this 30th day of Aug~st, 19~8.
ATTEST:
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(I JI,L,"-lu.'--- K.. j.J l)iL'L)~LL_
Marjorie K. Wahlsteh, City Clerk
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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-88-93 , was duly adopted bv the City Council at
a meeting of said City Council held on the 30th day of August
1988, and that it was so adopted by the following vote:
AYES:
BRANNeN., HIGGlNSCN, .KRUSE, DlERY
NOES:
NeNE
ABSTAIN:
NCNE
ABSENT:
TARZl
R/R-8-30.24-32
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Marjorie, K. Wah1sten, City Clerk
City of poway
In
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