Storm Water Management Facilities Maintenance Agreement 2011-0267609RECORDING REQUESTED BY:
DOCU 2011 - 0267609
1111111111111111111111111111111111111111111111111111111111111111 IN
MAY 24, 2011 2:30 PM
CITY OF POWAY
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AND WHEN RECORDED MAIL TO:
CITY CLERK
115P
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
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10 D 0 APN: 317
STORM WATER MANAGEMENT FACILITIES
MAINTENANCE AGREEMENT
(G1633 -09)
The undersigned grantor(s) declares:
Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency)
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 0.00 WAYS: 2
PAGES: 15
(THIS SPACE FOR RECORDER'S USE)
This AGREEMENT for the maintenance and repair of certain Storm Water Management
Facilities is entered into between GC2, LLC, A California Limited Liability Company (hereinafter
referred to as "OWNER ") and the City of Poway (hereinafter referred to as "CITY ") for the
benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the
public generally.
WHEREAS, OWNER is the owner of certain real property located in the City of Poway,
California, more particularly described in Exhibit "A" hereto (hereinafter referred to as the
"PROPERTY "), and has proposed that the PROPERTY be developed as a restaurant in
accordance with applications for Development Review Plan No. 02 -21, Grading Permit No.
G1633 -09, which are on file with the CITY. This Agreement is required as a condition of
approval for such development.
WHEREAS, in accordance with the City of Poway's Standard Urban Storm Water Mitigation
Plan, Poway Municipal Code, Chapter 16, Division VI (the "SUSMP Ordinance "), the City of
Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading
Ordinance and /or other ordinances or regulations of CITY which regulate land development and
urban runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed
by the use of the following Storm Water Management Facilities which are identified as "Best
Management Practices" or "BMPs ":
Catch Basin Filters installed in two locations as shown on the approved grading plans.
Prohibitive language regarding dumping printed on the catch basins as referenced on the
approved grading plans.
The precise location(s) and extent of the BMPs are indicated on the approved grading plans
dated March 31, 2010 on file with CITY's Development Services Department as G1633 -09. The
manner and standards by which the BMPs must be repaired and maintained in order to retain
their effectiveness are as set forth in the Operation and Maintenance Plan (hereinafter "O &M
1)-071
PLAN ") which is attached hereto and incorporated herein as Exhibit "B ".
WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon
by CITY in approving OWNER's development applications. It is the purpose of this Agreement
to assure that the BMPs are maintained, by creating obligations that are enforceable against the
OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these
obligations be enforceable notwithstanding other provisions related to BMP maintenance that
are provided by law.
NOW, THEREFORE, for consideration of (a) CITY's approval of the above development
applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS
FOLLOWS:
Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and
its successors in interest, to all or any portion of the PROPERTY, to comply in all
respects with the requirements of the SUSMP Ordinance with regards to the
maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and
liability, the following "MAINTENANCE ACTIVITIES ": all inspections, cleaning, repairs,
servicing, maintenance and other actions specified in the O &M PLAN, with respect to all
of the BMPs listed above, at the times and in the manner specified in the O &M PLAN.
OWNER shall keep records of this maintenance and provide copies of such records and
annual certification of maintenance as requested by CITY. OWNER shall initiate,
perform and complete all MAINTENANCE ACTIVITIES at the required time, without
request or demand from CITY or any other agency. OWNER further agrees that
"MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMPs in
the event of failure. Replacement shall be with an identical type, size and model of
BMP, except that:
(a) The CITY's Engineer may authorize substitution of an alternative BMP if he or
she determines that it will be as effective as the failed BMP; and
(b) If the failure of the BMP, in the judgment of the CITY's Engineer indicates that
the BMP in use is inappropriate or inadequate to the circumstances, the BMP
must be modified or replaced with a more effective BMP to prevent future failure
in the same or similar circumstances.
2. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land
on which any of the above BMPs are located, and also prior to transferring ownership of
any such BMP, provide clear written notice of the above maintenance obligations
associated with that BMP to the transferee. OWNER further agrees to provide evidence
to CITY Engineer that OWNER has requested the California Department of Real Estate
to include in the public report issued for the development of the PROPERTY, a
notification regarding the BMP maintenance requirements described herein.
3. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but
not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in
the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance
by the CITY shall be conducted in accordance with the nuisance abatement procedures
set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed
by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at
the CITY's sole election. It is recognized and understood that the CITY makes no
representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES,
2
and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no
way relieve OWNER of its continuing maintenance obligations under this agreement. If
CITY elects to perform any of the MAINTENANCE ACTIVITIES, it is understood that
CITY shall be deemed to be acting as the agent of the OWNER and said work shall be
without warranty or representation by CITY as to safety or effectiveness, shall be
deemed to be accepted by OWNER "as is ", and shall be covered by OWNER's
indemnity provisions below.
If CITY.performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that
OWNER perform the same and OWNER has failed to do so within a reasonable time
stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in
performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's
obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a
continuing obligation. If OWNER fails to pay CITY's costs for performing
MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of
the responsible parties pursuant to the procedures set forth in Poway Municipal Code
Chapter 8.72.
4. Grant of Easement to CITY. OWNER hereby grants to CITY a perpetual easement
over, under and across that portion of the PROPERTY described in Exhibit "C -1" and
depicted on Exhibit "C -2" attached hereto, for purposes of accessing the BMPs,
inspecting the BMPs, and performing any of the MAINTENANCE ACTIVITIES specified
in Paragraph 1 above. CITY shall have the right, at any time and without prior notice to
OWNER, to enter upon any part of said area as may be necessary or convenient for
such purposes; provided, however, that notwithstanding anything to the contrary
contained in the Agreement, and in addition to the foregoing. City shall use its best
efforts to minimize interference with In -N -Out Burgers' business operation, in connection
with the exercise of City's rights under this agreement. OWNER shall at all times
maintain the PROPERTY so as to make CITY's access clear and unobstructed.
5. Administration of Agreement for CITY. CITY hereby designates the City Engineer as
the officer charged with responsibility and authority to administer this Agreement on
behalf of CITY. Any notice or communication to CITY related to the implementation of
this Agreement shall be addressed to:
City Engineer
City of Poway
13325 Civic Center Drive
Poway, CA 92064
The City Engineer is also granted authority to enter into appropriate amendments to this
Agreement on behalf of CITY, provided that the amendment is consistent with the
purposes of this Agreement as set forth above.
6. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors
in interest shall defend and indemnify CITY and the employees and agents of CITY
(collectively "CITY PARTIES "), against any and all claims, demands, liability, judgments,
awards, fines, mechanic's liens or other liens, labor disputes, losses, damages,
expenses, charges or costs of any kind or character, including attorneys' fees and court
costs (hereinafter collectively ,referred to as "CLAIMS "), related to this Agreement and
arising either directly or indirectly from any act, error, omission or negligence of
OWNER, OWNER's successors, or their contractors, licensees, agents, servants or
employees, including, without limitation, claims caused by the concurrent negligent act,
error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no
obligation, however, to defend or indemnify CITY PARTIES from a claim if it is
determined by a court of competent jurisdiction that such claim was caused by the sole
negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's
approval of the development application or plans and specifications, or inspection of the
work is intended to acknowledge responsibility for any such matter, and CITY PARTIES
shall have absolutely no responsibility or liability therefore unless otherwise provided by
applicable law.
7. Common Interest Developments. If the PROPERTY is developed as a "Common
Interest Development" as defined in Civil Code section 1351(c) which will include
membership in or ownership of an "ASSOCIATION" as defined in Civil Code section
1351(a), then the following provisions of this Paragraph 8 shall apply during such time as
the PROPERTY is encumbered by a "DECLARATION" as defined in Civil Code section
1351(h), and the Common Area, as "Common Area" is defined in Civil Code section
1351(b), of the PROPERTY is managed and controlled by the ASSOCIATION:
(a) The ASSOCIATION, through its Board of Directors, shall assume full
responsibility to perform the MAINTENANCE ACTIVITIES pursuant to this
Agreement, and shall undertake all actions and efforts necessary to accomplish
the MAINTENANCE ACTIVITIES, including but not limited to, levying regular or
special assessments against each member of the ASSOCIATION sufficient to
provide funding for the MAINTENANCE ACTIVITIES, conducting a vote of the
membership related to such assessments if required by law. In the event
insufficient votes have been obtained to authorize an assessment, the
ASSOCIATION shall seek authority from a court of competent jurisdiction for a
reduced percentage of affirmative votes necessary to authorize the assessment,
re- conducting the vote of the membership in order to obtain the votes necessary
to authorize an assessment, and the ASSOCIATION shall take all action
authorized by the DECLARATION or California law to collect delinquent
assessments, including but not limited to, the recording and foreclosure of
assessment liens.
(b) No provision of the DECLARATION, nor any other governing document of the
ASSOCIATION or grant of authority to its members, shall grant or recognize a
right of any member or other person to alter, improve, maintain or repair any of
the PROPERTY in any manner which would impair the functioning of the BMPs
to manage drainage or stormwater runoff. In the event of any conflict between
the terms of this Agreement and the DECLARATION or other ASSOCIATION
governing documents, the provisions of this Agreement shall prevail.
8. Agreement Binds Successors and Runs With the PROPERTY. It is understood and
agreed that the terms, covenants and conditions herein contained shall constitute
covenants running with the land and shall be binding upon the heirs, executors,
administrators, successors and assigns of OWNER and CITY, shall be deemed to be for
the benefit of all persons owning any interest in the PROPERTY (including the interest of
CITY or its successors in the easement granted herein). It is the intent of the parties
hereto that this Agreement shall be recorded and shall be binding upon all persons
purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY,
who shall be deemed to have consented to and become bound by all the provisions
hereof.
4
9. OWNER's Continuing Responsibilities Where Work Commenced or Permit
Obtained. Notwithstanding any other provision of this Agreement, no transfer or
conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER
of or otherwise affect OWNER's responsibilities for installation or maintenance of BMPs
which may have arisen under the ordinances or regulations of CITY referred to in this
Agreement, or other federal, state or CITY laws, on account of OWNER having obtained
a permit which creates such obligations or having commenced grading, construction or
other land disturbance work.
10. Amendment and Release. The terms of this Agreement may be modified only by a
written amendment approved and signed by the City Council or the CITY Engineer
acting on behalf of CITY and by OWNER or OWNER's successor(s) in interest. This
Agreement may be terminated and OWNER and the PROPERTY released from the
covenants set forth herein, by a release, which CITY may execute if it determines that
another mechanism will assure the ongoing maintenance of the BMPs or that it is no
longer necessary to assure such maintenance.
11. Governing Law and Severability. This Agreement shall be governed by the laws of
the State of California. Venue in any action related to this Agreement shall be in the
Superior Court of the State of California, County of San Diego. In the event that any of
the provisions of this Agreement are held to be unenforceable or invalid by any court of
competent jurisdiction, the validity, and enforceability of the remaining provisions shall
not be affected thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth
hereinafter.
OWNER: GC2, LLC, A California Limited Liability Company
Its:
CITY OF POWAY:
Date:
J. Manis
r of Development Services
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
On /4 /L /-7, Z // before me, �� %L L/1 Jt� /'I' f!/pT,q�2,r�GtB4 tC
Date _ Here Insert Name and Thle of the Officer
personally appeared
PHYLLIS SHINN
Commission # 1778898
Notary Public - California
San Diego County
C0mm.6t =9,2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person* whose name0o is/a*subscribed to the
within instrument and acknowledged to me that
he /s*ttlty executed the same in his/fAr/tWr authorized
capacity(i , and that by his/PWf)ah signature(O(on the
instrument the person(g, or the entity upon behalf of
which the person(` acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand d official seal.
Signature
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date: ��� / �3. Z49 Number of Pages: 1_3
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer —Title(s): —
❑ Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
_
• Partner — ❑ Limited ❑ General
• Attorney in Fact
Top of thumb here ❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
ti
CALIF ALL ACKN
State of California
County of � _/JLz o
On A IL Zl, Z0 l/ before me, A%G1_1_r Jff /4
Date Here InseTt Name and Title of the Officer
personally appeared
PHYLLIS SHINN
Commission #r 1778898
•� Notary Public - California
San Diego County
Comas. 8 Ices - 9.2011
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(o whose name(k is/a)ksubscribed to the
within instrument and acknowledged to me that
hehofel/tWy executed the same in hia4)&r/th& authorized
capacity(iW, and that b hi&4*/t% signature* on the
instrument the persona, or the entity upon behalf of
which the person* acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand nd official seal.
Signature
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of
Document Date: LIB /� Zo // ,/ Number of Pages: �J
Signer(s) Other Than Named Above: &Lel � J. r0v 7'`z?�
Capacity(ies) Claimed by Signer(s)
Signer's Name:
• Individual
• Corporate Officer —Title(s): _
• Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
•• of thumb here
Signer's Name:
❑ Individual
• Corporate Officer — Title(s): _
• Partner — ❑ Limited ❑ General
• Attorney in Fact
• Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER,
Top of thumb here
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Office of the City Attorney Engineering Division
I
Mo an L Fol City ttorney StevdKtrosby, P.E.
City Engineer
Attachments: EXHIBIT A
EXHIBIT B
EXHIBIT C -1
EXHIBIT C -2
M: \engsery \Clapp \Agreements \INO Storm Water Facilities Agmt.docx
P
PARCEL 2 OF PARCEL MAP NO. 19360 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA AS PER MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OCTOBER
23, 2003 AS INSTRUMENT NUMBER 03- 1299626 OF OFFICIAL RECORDS.
THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY OR UNDER THE DIRECT SUPERVISION OF THE
FOLLOWING LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA.
22&J,9 ae�a�� 04 -11 -2011
MARK S. LAMOUREUX; P.L.S. 5794 DATE
REGISTRATION EXPIRES 06 -30 -2012
MSL ENGINEERING, INC.
MSL JN 090031
+a � Na 5TW �
Exp. 06/3012012
Y
?.Oor CiJAL���
Page 1 of 1
Operations and Maintenance (O &M) Plan
Standard Urban Stormwater Mitigation Plan
IN -N -OUT BURGERS
12890 Gregg Court,
Poway, CA 92064
Operations and Maintenance Plan
BMP
BMP Name
Implementation, Maintenance,
Person or Entity with
Applicable?
and BMP Implementation, Maintenance, and Inspection Procedures
and Inspection Frequency
Operation & Maintenance
Yes /No
and Schedule
Responsibili
tcuctural Source`Control SNIPS
Yes
SD -13 Storm Drain Signage
Annually
IN -N -OUT BURGERS
Storm drain signage has been incorporated to the restaurant design for the
stormwater catch basin. Next to the catch basin it is required to have a painted
note "No dumping drains to ocean" stenciled on top of the onsite pavement or on
top of the curb next to the drain box. Stenciling shall be inspected annually and
repaired at anytime the stenciling is deemed illegible.
Yes
SD -32 Trash Storage Area
Annually
IN -N -OUT BURGERS
The designed trash storage facility is designed to contain any pollutant that could
occur within the area. The area is covered to prevent stormwater from landing
directly in the storage area and the parking lot paving directly adjacent to the trash
storage area is graded in order to prevent run -on to the trash storage area.
Yes
SD -10 Site Design and Landscape Planning
As needed
IN -N -OUT BURGERS
The landscape design for the restaurant has been designed to minimize
impervious land coverage and provide treatment of stormwater. Landscaping shall
be maintained throughout the life of the ro'ect.
Treatmerit Control BMPs
Yes
Drain Inserts (MP -52)
Cleaned/ Inspected 3 times per
IN -N -OUT BURGERS
Drain Inserts have been implemented at the catch basins located on the IN -N -OUT
year. Filter replaced annually.
property as well as the offsite catch basin that receive flow from the IN -N -OUT
property. Drain Inserts have been shown to provide increased performance with
increased maintenance, so it will be necessary to keep all of the downspout filters
clean of debris. The manufacturer recommends 3 annual inspections of the filters,
3 annual cleanings of the filters, and to have the filter medium replaced once per
year. In addition the downspout filters should be cleaned whenever an inspection
shows that the filter is more than 25% clogged.
RECORD OF BMP IMPLEMENTATION, MAINTENANCE, AND INSPECTION
Today's Date:
Name of Person Performing Activity
(Printed):
Signature:
BMP Name Brief Description of Implementation, Maintenance, and I
(As Shown in 0 &M Plan) Inspection Activity Performed
RARCEL "A"
THE SOUTH 11.00 FEET OF THE WEST 43.00 FEET OF THE EAST 137.32 FEET OF PARCEL 2 OF PARCEL MAP
NO. 193601N THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS PER MAP FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OCTOBER 23, 2003 AS INSTRUMENT NUMBER
03- 1299626 OF OFFICIAL RECORDS.
PARCEL "B"
THE SOUTH 40.00 FEET OF THE WEST 25.00 FEET OF THE EAST 58.00 FEET TOGETHER WITH THE NORTH
15.00 FEET OF THE SOUTH 55.00 FEET OF THE WEST 34.00 FEET OF THE EAST 58.00 FEET OF PARCEL 2 OF
PARCEL MAP NO. 19360 IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS PER
MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OCTOBER 23, 2003 AS
INSTRUMENT NUMBER 03- 1299626 OF OFFICIAL RECORDS.
THE ABOVE TWO LEGAL DESCRIPTIONS WERE PREPARED BY OR UNDER THE DIRECT SUPERVISION OF
THE FOLLOWING LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA.
04 -13 -2011
MARK S. LAMOUREUX, P.L.S. 5794 DATE
REGISTRATION EXPIRES 06 -30 -2012
MSL ENGINEERING, INC.
MSL JN 090031
a Na >i7s�1
f Exp.06/30/2012
CA1.�
Page 1 of 2
SCRIPPS _ P__OW_A_Y_ _ _ PARKWAY CURVE DATA
- J ® ®_ _ 97' 37O.Q'QO W _ _ 7?n= _ _ ® _ _ �1 A-= 86'41'05
- - -- R= 29.50'
L= 44.63'
I RAD�PRC
NI
I NI
— - - - - -- ool NI
C4 NI
A NI 0
►� NEW IN -N -OUT NI 0
BURGER RESTAURANT
N75'00 00 W 12890 GREGG COURT L01 NI
POWAY
o III NI
CL II
I NI
® II
APN 317- 270-62 24 I
R PARCEL 2 34 11
f PARCEL NEAP NO. 19360 III NI
L4
25' 33' II R
cwo 0 1 I ' J IIN82' 35 ' 52 " W
4.32
43T`� 160.3 I l II
„W R I 1 II
/% �pVERED R ASH I N84.13' 27 I I Il Z
COMP ACTp � l � ® I i 11
AND RECYCLE III I it
11 a III iii �I III U
I I I II PA�cEt- 3 III
r�
a l a. 111
PARTIAL LEGEND
® IN -N -OUT BURGER CONSTRUCTED AND MAINTAINED 24 "x36" DRAIN BOX INLET
WITH A FOSSIL FILTER INSERT TO CLEAN URBAN STORM WATER RUNOFF AND
r7� SIGNAGE
PARCEL "A" PROPOSED EASEMENT TO THE CITY OF POWAY CONSISTING OF
APPROXIMATELY 473 SQUARE FEET.
PARCEL "B" PROPOSED EASEMENT TO THE CITY OF POWAY N
��oN? L AN0 s , CONSISTING OF APPROXIMATELY 1,510 SQUARE FEET.
* ( 04 -13 -11
No, 5794
OF CAI-
PAGE 2 OF 2
EXHIBIT "C 72"
STORM WATER MANAGEMENT
FACILITIES MAINTENANCE AGREEMENT
EASEMENT SKETCH
TRUE NORTH
0' 20' 40' 80'
SCALE: 1"=40'
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the deed or grant dated:
April 13, 2011, by GC2, LLC, A California Limited Liability Company, Grantor, to the City of Poway,
Grantee, a political corporation and /or governmental agency is hereby accepted by the undersigned
officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 34
adopted on January 20, 1981, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: - 6 -- 11 � /,J/
Seal:
7
CITY OF POWAY