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HomeMy WebLinkAboutResolution 4228 HINSHAW & CULBERTSON PIPER JAFFRAY TOWER APPLETON,WISCONSIN SUITE 3100 MIAMI,FLORIDA BELLEVILLE,ILLINOIS 222 SOUTH NINTH STREET MILWAUKEE,WISCONSIN BLOOMINGTON,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 MUNSTER,INDIANA BROOKFIELD,WISCONSIN PEORIA,ILLINOIS CHAMPAIGN,ILLINOIS 612.333.3434 . PHOENIX,ARIZONA TELEFAX612.295.0398 CHICAGO,ILLINOIS ROCKFORD,ILLINOIS CRYSTAL LAKE,ILLINOIS ST.LOUIS,MISSOURI FT.LAUDERDALE,FLORIDA SAN FRANCISCO,CALIFORNIA JACKSONVILLE,FLORIDA SPRINGFIELD,ILLINOIS JOLIET,ILLINOIS TAMPA,FLORIDA LAKE GENEVA,WISCONSIN Nancy Chadwick WAUKEGAN,ILLINOIS LISLE,ILLINOIS Direct:612.295.0660 nchadwick@onrampinc.net September 13, 1999 Carole A. Haseman, Deputy City Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Recorded Resolutions Our File No. 752031 Dear Carole: Enclosed please find attested copies of the following Resolutions that were recorded in the office of the Hennepin County Registrar of Titles: 1. Resolution No. 4228 (File No. 2447) recorded April 1, 1999, as Document No. 3140740; 2. Resolution No. 4065 (File No. 2325) recorded June 16, 1999, as Document No. 3169666; and 3. Resolution No. 4264 (File No. 245 1) recorded July 9, 1999 (the Registrar did not assign a document No. to this resolution prior to returning the attested copy). Certified copies of the following resolutions that were recorded in the office of the Hennepin County Recorder on June 16, July 13 or July 14 are also enclosed: June 16, 1999: 1. Resolution No. 4227 (File No. 2446) recorded as Document No. 7129610; 2. Resolution No. 4257 (File No. 2227) recorded as Document No. 7129611; 3. Resolution No. 4244 (File No. 2460) recorded as Document No. 7129612; July 13, 1999: 1. Resolution No. 4277 (File No. 2475) recorded as Document No. 7144534; 2. Resolution No. 4276 (File No. 2473) recorded as Document No. 7144535; Carole Haseman September 13, 1999 Page 2 3. Resolution No. 4272 (File No. 2444)recorded as Document No. 7144547; 4. Resolution No. 4275 (File No. 2472)recorded as Document No. 7144548; 5. Resolution No. 4274 (File No. 2468) recorded as Document No. 7144549; and July 14, 1999: 1. Resolution No. 4110 (File No. 2380)recorded as Document No. 7144905. Upon your receipt of the enclosed,recorded resolutions please do not hesitate to call me if you have any questions. Very truly yours, Nancy L. Chadwick Paralegal Enclosure cc: Thomas J. Barrett, Esq. 41P ' ,Fs .a G108$446' RESOLUTION STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on January 25. 1999 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 29th day of January —' 19 99 i Linda S. Vee, City Clerk (SEAL) O O � *� CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6; SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; SECTION 10.56, SUBDIVISION 16; AND SECTION 10.5 , SUBDIVISIONS 10 (B) AND 11 (A) AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2447 WHEREAS, Kirt Woodhouse (hereinafter the "applicant") is owner of the property located at 885 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as follows: Par l: Lots 105 and 106, Auditors Subdivision Number 184, Hemnepin County, Minnesota, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Par 2: All that part of Lot 22, Country Club Estates, Hennepin County, Minnesota, lying East of the canal, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for said County. (hereinafter the "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for a side yard variance to allow the garage to be 5' from the east property line and the kitchen 8.96' from the east property line where 30',is required; a lakeshore setback variance to allow the kitchen addition to be 27' fromthe"Lakeshore where the existing house is 27' from the lakeshore and 75' is required; a a� �tWck�variance t *,allow the office/library addition over the existing patio which is re ,here 75 is required; a hardcover variance in the 0-75' setback to allow �� $ e }s existing and none is allowed; and a hardcover variance in A ,the tba�ck low'"96 where 35.4% is existing and 25% is allowed per a p Municipal b :Y s Page 1 of 6 i �00, O CITY of ORONO RESOLUTION OF THE CITY COUNCIL \ SIi04� NO. 4 2 Zoning ode Section 10.23, Subdivision 6; Section 10.22, Subdivisions 1 (B) and 2; Section 10.56, Subdivision 16; Section 10.55, Subdivisions 10 (B) and 11 (A) that would allow an existing residence that is located entirely outside of the allowed building envelope to be remodeled; and a conditional use permit is required for fill in a flood plain for the relocation of a section of the driveway per Section 10.03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2447. 2. The property is located in the LR-lA Zoning District, where 2 acres is the minimum lot area. The property consists of .932 acres or 40,629 sq. ft. 3. The Planning Commission reviewed this application on January 19, 1999 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The subject property does not meet the lot area, side yard or lakeshore setback requirements. B. The lot does meet lot width and street yard setback requirements. C. The entire residence is located outside of the allowed building area. D. There is a low area in the street yard that is considered flood plain because it is below the 931.5 elevation. •,The lot is `subject to a 75' Lakeshore setback on the south and west side of � the Property_ land alteration will result in no net volume chance to the flood plain. �f Page 2 of 6 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL kESH04' NO. : Y=: x The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a c6nditional use permit for fill in a flood plain for the relocation of a section of the driveway will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a side yard variance to allow the garage to be 5' from the east property line and the kitchen 8.96' from the east property line where 30' is required; a lakeshore setback variance to allow the kitchen addition to be 27' from the Lakeshore where the existing house is 27' from the lakeshor-- and 75' is required; a lakeshore setback variance to allow the office/library addition over the existing patio which is 42' from the lakeshore where 75' is required; a hardcover variance in the 0-75' setback to allow 16.6% hardcover where 17.38% is existing and none is allowed; and a hardcover variance in the 75-250' setback to allow 30% where 35.4% is existing and 25% is allowed per Municipal Zoning Code Section 10.23, Subdivision 6; Section 10.22, Subdivisions 1 (B) and 2; Section 10.56, Subdivision 16; Section 10.55, Subdivisions 10 (B) and 11 (A) that would allow an existing residence that is located entirely outside of the allowed building envelope to be remodeled as shown on plans prepared by Keith Waters and Associates in Exhibit A; and grants a conditional use permit for fill in a flood plain for the relocation of a section of the driveway per Section 10.03, Subdivision 19, subject to the following conditions: 1. Applicant to obtain the appropriate permits for filling in the floodplain from the City and Watershed District. Page 3 of 6 i O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL � G NO. . kESH� 2. No additional hardcover variances in the future. 3. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (January 25, 2000). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of January, 1999. ATTEST: Linda S. Vee, City Clerk Gabriel bbour, Mayor Property Owner(s) Page 4 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of January, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A.HASUAAN '4 t - h 'NES OTA-4i:NOTARY FUELIC ,.i ( i ( 4, HENNEPIN COUNTY _1.:"_>--"':��•- i My Commission Expires Jan.31.200 r, Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this =t day of {�;, �, , 1999 , before me a Notary Public within and for said County, personally appeared KI 1-1 ( cane, h f rne-rried. known to me to be the person(s) described in and who executed the foregoing instrument, and acki;owledged that he (they) executed the same as his (their) free act and deed. CAR01E A Hr'E J Nuri RY FUEUC t'''ESOTa HEN'E'rI CCUNTY " Notary Public 6!y Ccrmissicn E;. ires Jcr.??•2000 n STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 kk �` LOCATED ON AUGUST 8.1998 - b . -VORTliRI..,NT-0F.yyA>YOff'EERQA� "7h\(�•�J / ' ;% .T Ism •- ---{931)" ---..._ IR FEgNDALE ROAD � . Q A14 SET IRON 9t o -- -0 12 O t6 pAt40-ow. Ate�48' — -o c FD Ii i 2 WOOD pgCAPEfJ RM4P, CD10 I / ----- WVDSCAP E I iQ CD12 > f I 0012 i ' ¢ Z" W m ( 0014 ' / Z ' W DOCK # }, I OCQAI18 a -I O O ' i r Q � W G•: _ O p z cof( "NFw931.SC •CO3 ` OUR p U m W t f co O I G N22.6 .1931} I. Z {912} �y�al 14 10; a� 01 n AES141.00 s ft 37 SURVEY ONE E• �` 0'ai 5.0 12 STEPS 4.0 4.5 t 1•C0 72e o. IV AT G—o S9 -17 SS sq ft 17.65 s* RA1 _ REl t } SET IRON 'fin—t1fY28� i ! 1 1 ?yr 9 b ! O �ysr� �f0'vo Foo Ad KX t ST3°4 58 E�-•`_:� 09 h 8.96 2p8 H DO t �vF w ,@ o Z 13� C f w= /�S s ,� Ey x.a-•, Ja:- •9Jt. 2] -9� g., _. C aO NEWrcr�E�:;:L o / =4,381 S"OPeGLS U 180 ; AUTe tsrec°c�rEa to r ''�„xe-• oCl = 3,532 Page 6 of 6 l � = 980 1140'140 c J L QFinuy-nE RW TRAR rL7 71IT LES HF-WWE?CFG,��, CERTF k- r l'._ n- ON APR 1 1999 qrREGISTRAROF T`ITLEs BY DEPUTY an HINSHAW & CULBERTSON PIPER JAFFRAY TOWER APPLETON,WISCONSIN SUITE 3100 MIAMI,FLORIDA BELLEVILLE,ILLINOIS 222 SOUTH NINTH STREET MILWAUKEE,WISCONSIN BLOOMINGTON,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 MUNSTER,INDIANA BROOKFIELD,WISCONSIN PEORIA,ILLINOIS CHAMPAIGN,ILLINOIS 612.333.3434 PHOENIX,ARIZONA CHICAGO,ILLINOIS TELEFAX:612.295.0398 ROCKFORD,ILLINOIS CRYSTAL LAKE,ILLINOIS - ST.LOUIS,MISSOURI FT.LAUDERDALE,FLORIDA _ SAN FRANCISCO,CALIFORNIA JACKSONVILLE,FLORIDA - SPRINGFIELD,ILLINOIS JOLIET,ILLINOIS TAMPA,FLORIDA LAKE GENEVA,WISCONSIN Nancy Chadwick WAUKEGAN,ILLINOIS LISLE,ILLINOIS Direct:612.295.0660 nchadwick@onrampinc.net July 2, 1999 Carole A. Haseman, Deputy City Clerk City of Orono , P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Recorded Resolutions Our File No. 752031 Dear Carole: Enclosed please find certified copies of the following resolutions that were recorded in the office of the Hennepin County Recorder on April 1 or 2, 1999: 1. Resolution No. 4194 (City File No. 2424), recorded as Document No. 7088445; 2. Resolution No. 4228 (City File No. 2447), recorded as Document No. 7088446; 3. Resolution No. 4129 (City File No. 2381), recorded as Document No. 7089154 together with the Covenant for Oversized Accessory Structure recorded as Document No. 7089155; and 4. Resolution No. 4226 (City File No. 2445), recorded as Document No. 7089156. I have also enclosed attested copies of the following resolutions that were recorded in the office of the Hennepin County Registrar of Titles in January or February: 1. Resolution No. 4169 (City File No. 2419) recorded as Document No. 3107381; 2., Resolution No. 4099 (City File No. 2373) recorded as Document No. 3107382; 3. Resolution No. 4214 (City File No. 2399) recorded as Document No. 3123962; 4. Resolution No. 4095 (City File No. 2366) recorded as Document No. 3125593 (this resolution was also recorded in the office of the Hennepin County Recorder on February 19, 1999, as Document No. 7060481). Carole Haseman July 2, 1999 Page 2 Upon your receipt of the enclosed,recorded resolutions,please do not hesitate to call me if you have any questions. Very truly yours, / 4Ncvy . Chadwick Paralegal Enclosure cc: Thomas J. Barrett, Esq. ice' 00' 7 88446 UTY 422 RESOLUTION# 'qF:Rq,a#c;, x STATE OF MINNESOTA ) COUNTY OF HENNEPIN . ) CITY OF ORONO ) I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on January 25. 1999 ,and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 29th day of January , 19 99 Linda S. Vee, City Clerk a, - 1pati �0 ' Y 0 .. O . - CITY of ORONO RESOLUTION OF THE CITY COUNCIL S �L9kE H0, NO. 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6; SECTION 10.22, SUBDIVISIONS 1 (B) AND 2; SECTION 10.56, SUBDIVISION 16; AND SECTION 10.55, SUBDIVISIONS 10 (B) AND 11 (A) AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2447 WHEREAS, Kirt Woodhouse (hereinafter the "applicant") is owner of the property located at 885 Ferndale Road West within the City of Orono (hereinafter "City") and legally described as follows: Par 1: Lots 105 and 106, Auditor's Subdivision Number 184, Hennepin County, Minnesota, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for said County. Par 2: All that part of Lot 22, Country Club Estates, Hennepin County, Minnesota, lying East of the canal, according to the recorded plat thereof on file or of record in the office of the Registrar of Titles in and for said County. (hereinafter the "property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on January 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicant has applied to the City for a side yard variance to allow the garage to be 5' from the east property line and the kitchen 8.96' from the east property line where 30' is required; a lakeshore setback variance to allow the kitchen addition to be 27' from the lakeshore where the existing house is 27' from the lakeshore and 75' is required; a Lakeshore setback variance to allow the office/library addition over the existing patio which is 42' from the lakeshore where 75' is required; a hardcover variance in the 0-75' setback to allow 16.6% hardcover where 17.38% is existing and none is allowed; and a hardcover variance in the 75-250' setback to allow 30% where 35.4% is existing and 25% is allowed per Municipal Page 1 of 6 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESH�g� NO. 42 2 6 Zoning ode Section 10.23, Subdivision 6; Section 10.22, Subdivisions 1 (B) and 2; Section 10.56, Subdivision 16; Section 10.55, Subdivisions 10 (B) and 11 (A) that would allow an existing residence that is located entirely outside of the allowed building envelope to be remodeled; and a conditional use permit is required for fill in a flood plain for the relocation of a section of the driveway per Section 10.03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2447. 2. The property is located in the LR-lA Zoning District, where 2 acres is the minimum lot area. The property consists of .932 acres or 40,629 sq. ft. 3. The Planning Commission reviewed this application on January 19, 1999 and recommended approval on a vote of 5 to 0. 4. The Planning Commission made the following findings of fact: A. The subject property does not meet the lot area, side yard or lakeshore setback requirements. B. The lot does meet lot width and street yard setback requirements. C. The entire residence is located outside of the allowed building area. D. There is a low area in the street yard that is considered flood plain because it is below the 931.5 elevation. E. The lot is subject to a 75' lakeshore setback on the south and west side of the property. F. The land alteration will result in no net volume change to the flood plain. Page 2 of 6 0 0 CITY of ORONO a � RESOLUTION OF THE CITY COUNCIL ��9kESH0 NO. -'A 2 2 The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit for fill in a flood plain for the relocation of a section of the driveway will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a side yard variance to allow the garage to be 5' from the east property line and the kitchen 8.96' from the east property line where 30' is required; a lakeshore setback variance to allow the kitchen addition to be 27' from the lakeshore where the existing house is 27' from the lakeshore and 75' is required; a lakeshore setback variance to allow the office/library addition over the existing patio which is 42' from the lakeshore where 75' is required; a hardcover variance in the 0-75' setback to allow 16.6% hardcover where 17.38% is existing and none is allowed; and a hardcover variance in the 75-250' setback to allow 30% where 35.4% is existing and 25% is allowed per Municipal Zoning Code Section 10.23, Subdivision 6; Section 10.22, Subdivisions 1 (B) and 2; Section 10.56, Subdivision 16; Section 10.55, Subdivisions 10 (B) and 11 (A) that would allow an existing residence that is located entirely outside of the allowed building envelope to be remodeled as shown on plans prepared by Keith Waters and Associates in Exhibit A; and grants a conditional use permit for fill in a flood plain for the relocation of a section of the driveway per Section 10.03, Subdivision 19, subject to the following conditions: 1. Applicant to obtain the appropriate permits for filling in the floodplain from the City and Watershed District. Page 3 of 6 0 � • CITY of ORONO a AV RESOLUTION OF THE CITY COUNCIL SH0 NO. d 2 2. No additional hardcover variances in the future. 3. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (January 25, 2000). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of January, 1999. a r 4 , r %,ClerkGabriel bbour, Mayor r Pro erty Owner(s) Page 4 of 6 O O A - CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SH0 NO. 4 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of January, 1999 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A.NASEMAN < NOTARY PUBLIC-MINNESOTA , eh HENNEPIN COUNTY ° My Commission Expires Jan.31.2000 Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this _-day of Mrve__A , 1999 , before me a Notary Public within and for said County, personally appeared Kid h) bou-"'5r, Adj rnkrriek known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. lam, CAROLE A.NASEMAN NOTARY PUBLIC-MINNESOTA ,m^ HENNEPIN COUNTY Notary Public x My Commission Eypires Jan.31,2000 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 6 LOCATED ON AUGUST 8,1998 •NOr2hf f.�1C3HT-OF-WAY OF FE 4 Q` �• RNDALE ROAD ' 2 2 1..7- _ {950} -_.._..----{931}---------------- _. R {932} ALE _.. FEkNED ROAD 4 w EDC SET IRON o — 614 O A76 C_-0�50'A 12 Dd CON y -- '48' E- .6 .. -o 'if- '~ ' _ FD SRa Dsc� • ZDSCAPE'� i WOOD _. SAP..:..... CO10 12 3 j 2 _ F 14 f }4r C O A e a DOCK - j W , C — 'I f 0 _ i r CO O i H 931.5 m w CD (9 r r � J _ 22.8 e — I -{933} 14 107.1 --- C ---{932}—• I �3A}-- - {835} - -- J - ) -� ® 141.00 s ft N ( LIN� I SURVEY- E �^'0 O A V 5.0 {932}-- i �I � �` __—•-__--_ � N R I .Sl 12 4 STEPS _ 4.5 4.0 V T�9 I 51 m 59. J l�'55 sq ft _ 17.61 s� B C. •� L 10i SET IRON O i 1 d1 ys 9.b o a. 9 OfCk � 8 �, 289 9�0 , 75 - _ 8• p h 8.96 G. 6- !`\6.00 \ �� �'Fk 9 �6 13 q0 Q f _ . (9ax ~ W Z - l 1 O 4 "'., - �s �0 is NONE WALL NEW - = 4,381 AUGUST BAS IOCA TEO 0� - 180 0 - = 3,532 I Page 6 of 6 = 980 IAA/\ I L A Let- _ _