Covenant Regarding Real Property 1990-331127
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1"~'~~'~EtORDING REQUEST BY:
CITY 'OF POWAY
WHEN RECORDED MAIL TO:
CITY CLERK
C!tVOn'OWAY
P.O. BOX lB9
P()WAY, CA 92064
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COVENANT REGARDING REAL PROPERTY
_____~Reede r_Development" ;Inc. . ,a 4~a,H,f()rn;aC.Orp() rati en t"OWNE~n he re,inafter )i;s
the owner of realprop'erty described in Exhibit A which 'i sattached hereto and
made a part hereof ,and wh,ich is cOlmfon.ly known as Assessor's, Parcel Number
~2};';201-13, 1.7 ("PRQPERH"hereiriilfter'). In consideration Of the approval of
Variance 90~D2 and Development Review 89-'33 by the Cit'yof Pciway ("CITY"
heee.inafter), ,Q~NEiherel)y'covenants and agrees .for ~he ~enefit of the CITY, to
abide by condit.ions of th-e attaChed resolution (Exhibi't B).
This Coli.enant shall run' with the land and be bind.ing upon and inure to the
benefi t of the future owners, encumbrancers, successo'rs, he,i rs, personal
re'presentatives, transferees aridass'igns of the -'respective parties.
In the event that Variance 9'O-D2 and Development Review 89-33 expi re or are
resc; rided by: C.ityCounci 1 at the request' of the OWNER, CITY sha 11 expunge this,
Covenant from the record t.itle of the PROPERTY.
If either partY,'~,~;:-equired to incur costs t.o e~.f'or::.c~the provisions of this
Covenant;' thepreva ':':"..'party, t~} 11 :iee e~titl ed,: tl,!-fll!llre,jmbursement of all
costs, inclluding re'asonableaUor'neys.' fees, ,from tile -other 'party. The CITY may
<iSS,ig~ to peirsqris impaCted by the perfcil1l1ahceof this Covena eright to
enf.orce this Covenantaga.inSt OWNER.' DfAJ..:1SJ-JT) (tJe,
Dated:.-
a-2?~ 90'
Dated: Uy:u.../_.:s; /'79b
CITY OF POWAY
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CORPORATE ACKNO'lllfLEDGft.tEN:T
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County of
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1990, before me;
State of
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On th;s the ~ day of
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ed Notary Public, personally appeared
V6{J r n (J ,rf Kf' f' ('1 f' ,
lB"Personally known to me
o proved to me on the basis of satisfactory evidence
to be t e person(s) who executed the within instrument as
i f' or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
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Notary's Sivrature
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NATIONAL:NOT.A.Ry'ASSOCIATION:'-:23012 V.iliura:Blvd.r.'P.o. 80;;"'''625 .'WOOdllirid'HIlI8c. CA 8'1364
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LEGAL DESCRIPTION
0" ;C:R . 142480.-0.2
1,121
PARCEL 1,:
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (LOT 2) OF SECTION 18.
TOWNSifl P 14 Si)UTH. RANGE ,1 WEST. SAN BERNARD I NO BASE AND MER I D I AN. I N' THE
C6'UNTYOF SAN DIEG'O. STA'TE OF CALIFORNIA. ACCORDING TO THE OFFICIAL PLAT
THEREOF.
EXCEPTING THEREFROM THE EASTERLY 1155.0.0. fEET.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF A LINE BEING
DESCRIBED AS FOLLOWS:
--COMMENC-I'NG--AT THE'-NORTHWEST'CORNER OF THE EASTERLY 1155.0.0. FEET OF SAiD
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE WESTERLY LINE
OF SAID EASTERLY 1155.0.0. FEET; SOUTH 0."28'31" WEST '260..0.0. FEET TO THE POINT
OF BEGINNiNG OF THE HEREIN DESCRIBED LINE; THENCE NORTH 89"31'29" WEST
130..0.0. FtET; THENCE NORTH 16"31'11" WEST 7D.DDHET AND SOUTH 50."16'15"
WE:ST 180..0.0. FEET to THE WESTER'LY LINE OF SAID SOUTHW'EST QUARTER OF THE
NORTHWEST QUARTER.
AND,ALSO EXCEPTING FROM THE REMAINING LAND. ALL, THAT PORTION LYING
,SOUTHERLY OF A LINE WHICH IS PARALLEL WITH AND 60.00 FEET NORTHERLY FROM
THE NORTHERLY LINE OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER, OF THE
NORTHWEST QUARTER.
PARCEL 2:
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER (LOT 2) OF SECTION 18.
TOWNSHIP 14 SOUTH. RANGE 1 WEST. SAN BERNARDfNO, BASE, AND MERIDIAN. IN THE
COUNTY OF SAN DIEGO. STATE 'OF CALIFORNIA. ACCORDING TO THE OFFICIAL PLAT
niE'REOF.
EXCEPTI,NG THEREFROM THE EASTERLY 1155.00 FEET.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF A LINE BE!NG
,DESCRIBED ,AS FOLLOWS:
COMMENCI NG AT THE NORTHWEST ,CORNER OF THE EASTE RL yH55. DO FEET OF SAI D
SO,UT.HWE'STQUARTER OF THE NORTHWE'ST QUARTER; THENCE ALONG THE 'WEStERLY' LINE
OF SAID EASTERLY ,1155.00. FEET. SOUTH 0."28'31" WEST 260..0.0. FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED LINE~ THENCE NORTH 89"31'29" WEST
130.,.,00. FEET;;HENCE NORTH 16"31'11" WEST 70.0.0 F'EET AND SOUTH 50."16'15"
WEST 180.00 FEET TO THE WESTERL,Y LINE OF SAID SOUTHWEST QU'ARTER OF THE
NORTHWEST QUARTER.
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'EXHIBI'T A,'
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:~BHEDU' A PAGE No.3 ORDf',)NO. .480-02 1122
LEGAL DESCRIPTION CONTINUED
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PARCEL 3:
AN' EASEt;1ENTAND 'R'IGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY PUR-
PO.SES, 'I:NCLUDING BUT NOr LIMITED TO ELECTRIC POWER, TELE'PHONE, GAS, WATER,
SEWER AND GABLE TELEVLSION LINES AND ApPURTENANCES THERETO, OVER, UNDER,
AtONG AND AC'RO'SSTHEW.ESTERLY 30.00 FEET OF THE SOUTH HALF OF THE SOUTHWEST
QUANER O'F'THE,NOR.THWEST QUARTER' AND THE WESTERLY .30.00 FEET OF THE -- .
SOUTHERLY 60.0'0 FEET OF- THE NORTH HAL'F 'OF SAfD- SOU'fHWEST QU'ARTER OF THE
NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 14 SOUTH, RANGE 1 WEST, SAN BER-
NARDnfoBAsE AND MERIDIAN, IN THE c'OUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
AGCO-RD~IN'G TO THE OFFICIAL PLAT THEREOF.
PARCEL 4:
PARCEL B OF PARCEL MAP NO. 12814, IN THE CITY OF POWAY, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, F;ILED IN THE OFFICE OF 'THE COUNTY'RECORDER'OF
SAN DJ EGO COUNTY, JULY 20, 1983.
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1123
RESOLUTION NO. P- 90-24
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A RESOLUTION OF THE CITY qOUNqL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING DEVELOPMENT REVIEW 89-33
AND VARIANCE 90-02
ASSESSOR'S PARCEL NUMBER 323~20I-I3, 17
WHEREAS, Development Review 89-33 and Variance 90-02 submitted by Reeder
Development Inc., app)'icanJs, requests approval of a deyelopment review to al'low
constructio'nof 15 single-family dwellings within TTM 87-06 and approval of set=-~
back variance located at the western terminus of Cicero Way in the RC and RR-C
zones; and
, . ~HEREA~,_ on Aprj I 3, 1990, the City Cou.ncil he I d a heari ng on the above-
referenced item. .
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NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Envir.onmental Findings:
The City Council finds that the original Negative Declaration for the
underlying ,map and map amendment have adequately addressed all significant
adverse impacts anticipated 'by the project and that the original Negative
Declaration be certified.
Section 2: Findings:
Development Review 89-33
1. That the proposed amendment is in conformance w.ith the Poway Genera I
Plan in that the proposed density and single-family use is less than
the maximum density which could have been approved for a condominium
project and pursuant to Municipal Code ~ection I7.08.IOOA single-family
dwellings,are permitted in the RC zone.
2. That the proposed development will not have an adverse aesthetic,
health, safety, or architecturally ~elated impact upon adjoining pro-
perties because rpofline~, building mat~rials, and architectural design
art~ compati b I e with adjacent tr.ad developments.
3'. T.hat the p'roposed,development is in compl iance with the Zoning
Or~inance, in that Bll development standards will be met through proj-
ect construction.
4. That the proposed development encourages the .orderly and harl1lOni ous
appearance of structures ~nd property within the City because it is
similar to and complements the adjacent development and it complies
with the'design guidelines of the General Plan, regarding number of
housing styles, elevations, varied rooflines, colors, and materials.
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Resolution No. P-90-24
Page 2
Variance 90-02
1. There 'are special circumstances applicable to the property (size,
shape, topography, location, or surroundings), or the intended use of
the property, and because. of this" the stri ctaPRl icati on Of the Zoni~g
prd;h~nce depri ves the property of pri vil'eges enjoyed by otherproper-c - -'
-t:i'es in the vicinity under identical zoning classifications.
There are unusual circumstances on the site and that relate to the pro-
ject which justify the variance request. The subject parcel is split-
zoned .RC and. RR-G., TheRC portfon is relatively .flat' ana the rforttie-rly
pQrt.i on of the prop~r.tYis steeply sJ,oping and therefore carri,es ',the
RR'-C zoning designation, The majority of the RR-C zoned property has
been ,pI aced in open space'. The parcel has an unusua 1 phys i ca 1 pos it ion
lie,ing adjac~nt to fourzon,ing designations. RS~7., RC,RR-C and ,CC. The
project, as proposed, serVes as a trans iti on between va'rying dgns it i es.
The 'principal need for the setback 'varian~e stems from the construction
of .single-fami ly homes, with the constraints'of the underlying
Residential Condominium zone. The setbackstahdards for RC projects
were established to provide adequate separation and buffering for the
customarily large structures associated with. multi-fami ly projects.
The proposed project consists of 15 single-family homes with indivi-
dually fenced yards which will meet the intent of the development stan-
dards through the prov;~~~n of yards and setbacks similar to the RS~7
zoning designatiori which adjoins this proje-ct to the east.
2.
Granting the variance, or its modiftcation, is nece~sary for the pre-
servation and enjoyment of a substantial property ,right possessed by
other property in the same vicinity a,ndzone and denied to the. property
for which the variance is sought in that the variances willa:[low for
adequate light and ventilation adjacent to each single-family home as
is normally required for tract projects throughout the City.
Grantirig'the.var:iance, or its modification. will not be materially' '
detrimenta.1 to the publ ic health, safety or welfare, or injurious to
the property or improvements in such vi'cin'ity and zone in which the
propetty: is located, in that tile proposed performance standards of 15
feet betwee~ homes wi 11 be s imi 1 ar to ,the surround i ng res i dent i a 11 y
zoned properties.
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 lots in this
older residential neighborhood have been constricted to simi lar or
lesser setback standards.
3.
4.
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Resolution No. P-90-24
Page 3
5. The granting of this variance does not allow a.use or activity which is
not otherw,ise expressly authorized by the zoning regulation governing
the parcel of property because the Zoning Development Code permits the
constructi on of s i ngl e-fami ly homes in the RC zone pursuant to
Mu~tcipal Code Section l7.08.l0DA.
6. -Granting the variance or its modification will not be incompatible with
the City of Poway General Plan because conditions of approval for this
project will ensure that the General Plan objectives of providing for
ample landscaping and adequate separation between strcuctures will be
met.
Section 3: City Councll Decision:
The City Council he'reby approves Variance 90-02 and Development Review 89-33
subject to the following conaitions:
1. Withi n 30 days of approva 1: (1) The app 1 icant shall submi tin writi ng
,that all conditi'ons of approval hav'e been r:ead and understood; and (2)
the property owner shall execute a Covenant on Real Property.
2. All adopted conditions of approval of the underlying tract map shall
be satisfied prior to issuance of building permits.
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING, SERVicES REGARDING COMPLIANCE
WITH THE FOLLOWING'CONDITIONS:
SHE DEVELOPMENT
1. Sit~; shall be developed in accordance with the approved site pl<\!1,s on file
in the Planning 'Services Department and the conditions contained herein.
2. Approval of thts 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 bui 1 ding permi t issuance'. '
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3. Lots 1, 6, 11, and 13 have been designated for" recre'ation' vehicle storage
in the si~e yard. Pursuant to City standards. ~he CC&R's (if adopted for
the project) ,shall prohi bit the storage llf recreationa 1 veh i cl es in the
required front yard s~t!jack of all lots..
4. Prior to a,ny use of the project site or bU,siness activity being comenced
thereon, al1conditlons of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
5. The app lfcant shan comp 1 y w,ith the 1 atest adopted Uniform Bu il ding Code,
Uniform Mechanical Code, Unfform Plumbing Code, National Electric Code,
Uniform Fire Code. and all other applicable codes and ordinances in effect
at the time of building permit issuance.
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Resol uti on No. P- 90_24
Page 4
6. For a new residential dwe'll ing unit(sh the appLicant shall pay developl1)e~t
'fees at the establ1shed rate. Such fees may include, but not be 1 imited to:
I'.ermit and Plan Checking Fees, School Fees (in accordance with City-adopted
"policy ~ndlor'ordinance), Water and Sewer Service Fees. These fees shall be
'paid prior to buHding permit issua'nce.
7. This approval shail become null arid void H building permits are not issued
for this project within two years from the date of project approval.
S. AU masonry retaining ,walls shall be tan split face bl,ock or tan slumpstone.
9. The appl icant shall provide",a copy 6f the recorded map to the Planning
Services Department pr'ior to issuance of building permits.
10. Pursuant to Reiolation No. .P-90-16 the design for the wall on the so~th side
ofCi cero Way sha 11 besni ffed into the public ri ght-of'..:way Hrequi red to
protect the existing mature pine tree.
11. A Covenant on Real Property shall be recordedagaTnst all lots which states:
Side yard room additions are prohibited on all lots in the Cicero
Pacific project. No architectural features such as balconies, stair-
ways, wing walls, or bay windows shall be constructed beyond the
existing exterior side walls of the structure.
Oedi~ation of land al~ng the south side of the project to provide seven
parallel park,ing spaces for the Amesbury Court condominiums shall be
accomplished to the sat.isfattion of the Director of Planning Services prior
to issuance of building permits.
1J..,A construction fence shall be maintained along the southerly boundary of the
project to prevent construction traffic from acceSSing the property from the
condomi n i um site and sha 11 be rep 1 aced by a wa 11. Sa i d wa 11 sha 11 be
installed on-site prior to issuance of bui:lding permits, Fire access shall
be ma'i nta i ned to the ,sat isfact i on of the. Oi re"c"tors of Pla,nning and Sa~fety
Services. '
12.
lANDSCAPING
1. The developer shall insure ihstallation of ~ront yar~ landscaping and irri-
gation for each unit. It shall be install~d no later than ls6 days
following the close of escrow'for each unit. Security shall be to the
satisfaction of the Director of Planning Services.
2. A deta,iled la_ndscape and irrigation plan for ali graded slopes
three feet j n he i ght sha 11 be submitted to and approved by the
Services Department prior to'the issuance of building permits.
fees shall be paid at the established rate.
in excess of
Planning
Plan check
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Resolution No. P-90-24
Page 5
3. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of PowayOrdinanc~ and shall be planted at an
average o'f every 30 feet on interior streets and 20 fe'et on exterior
streets. Street trees shall be located no closer than ten feet from
sidewalks., and sewer and water latercUs. As an alternative to i nsta.1Jati on ,
th-edeveloper may provide a coupon to the home buyer for the purchase of--~
-street trees, from a City-approved street tree list, at a local nursery.
4. The developer shall install all yard fencing to the satisfaction of the
Planning Director. and prior to final occupancy of each unit.
5. All landscaped areas shall be maintained .in a healthy and thriving con-
dition, free from weeds, trash, and debris.
6. All landscape plans and landscape development will conform to the City of
poway Guidelines to Landscape Development and City of poway Landscape
Standards.
7. T,he proj ect shall be annexed into the appropri ate Landscape Ma intenance
District prior to building'permit issuance.
SIGNS
Any signs proposed for this development shall be designed and approved in,
conformance with the Sign Ordinance.
RECREATION
An open space. easement shall be granted to the City oV.er, upon, across and
under Lots 9, 10, iI, and 12 prior to issuance of building permits.
ADDITIONAL APPROVALS REQUIRED
1. The deveroper shall display a cl!rrent'Zoning and Land Use' Map in the sales
office at all times, and/or suitable. alternative to the satisfaCtion of the
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Di rector of Planni,ng Servi ces.
2. A temporary use permit fora sa,les trailer shall be submitted to and
approved by the Direc't:or of Planning Services prior to the corrrnencement of
sales activities.
3. All sales maps that are distributed or made available to the publ ic shall
include but not be limited to trails, future and existing schools, parks,
the adjacent auto dealership, and streets.
4. A copy of the Covenants, Conditipns and Restrictions (CC&R's) and/or
Articles of Incorporation of the Homeowners Association (if adopted) shall
be subject to the review for compliance with conditions herein, to the
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Resolution No. P- 90-24
Page 6:
.satisfactionof the City Attorney and Director Of Planning Services, and
shall be ihee wlt~the Secretary of 'State; the County Recorder and the City
Clerk prior'to bu,ildi ng permi t issuance. '
,APPL:I~AN:r S~lLC,ONfACT THE DEPARTMENT OF ENGINEERING SERVICES REGARDING
CPMPUIANCE 'WITH THE FOllOWINGCONDITJON:
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Prior to buildi ng permi t issuance, the developer/owner shall acqui re and/or
cause to dedicate to the City of Poway additional street rfght~of~way for
Ci cero Way over ,up,Rn, a 10Qg, and across the north~'ast p()rt,ion Of that 1 and
i,de,ntHfed as APN 323-201-02. '
APPLICANT 'SHALL CONTACT THE: DEPARTMENT OF SAFElY SERVICES REGARDING COMPLIANCE
,WITIi THE 'FOllOWING' CONDI:rION~:'" ., ", ,
RoOf covefing'shallmeet Class, A fi re retardant test; ng as specifi ed in the
Uniform Bliiiding Stand'ards No. 32-7 for fire retardant roof
Approved numbers or addresses shall be placed on the building in such a
pOSition as to be plainly visible and legible from the street fronting the
property. Said numbers shall contrast with their background. Minimum
height of address numbers shall be four inches. Address may be required at
private driveway entrances.
Afire hydrant shall be install ed on the property] i ne between Lots 6 and 7
prior to certification of occupancy.
A 20 foot fireac,cess roadway into the wildland area shall be provided wHh
a "Knox" security padlock prior to certi'ficati'on of' occupancy.
E,a,ch Chimney used in conjunction with any firep 1 ace sha 11 be mai litai nedwith
a spark arrester.
The sales office shall be plan checked separately as a cOlITnercial o.ffice
(B,~,2} occupancy.' - , "',
Prior to delivery o'f CO!!1bust;b]e bUjldingmater,ials oil 'sHe, water and sewer
systems shall. sa tis,fai:tori'ly. pass all required tests and be connected to the
pub.licwater'aild sewer systems'. Inadditi on, the first 1 ift ofasphaH
paVing shan be in place.' .to: prov,ide 'adeguale.,permanent access,for,emergency
vehlcl es. The final 11 ft, ,of asphalt shall not be insta II ed unti 1 all other '
construct,fon'activlty has been substantially compl'eted to the satisfaction
of the City.
GENERAL REQUIREMENTS AND APPROVALS
The development review and variance approval shall expire on April 3, 1992
if building permits have not been issued.
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Re~oluhon No. P- 90-24
Page 7
APPROVED and ADOPTED by the City Council of the' City of Poway, State of
CaLifornia, this 3rd day of Apri 1, 1990.
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ATTEST:
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- -~ Don Higginson, or
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Marjorie, K.d'lahlsten, City ClerK
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STATE OF CALIFORNIA )
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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-90-24 ,was
dUly adopted ,by the City Council at a meeting of said City Council held on the
3rd day of Apri I , 199'0, and that it was so adopted by the fo 11 owi ng ,
vote: '
AYES: BRANNON, GOLDSMITH, KRUSE, HIGGINSON
NOES: EMERY
ABSTAIN:- NONE
ABSENT:
NONE
RlR-3-27.8-14
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M(lrjorie K;, Wahlsten, City Clerk
,Ccity of Poway