HomeMy WebLinkAboutResolution 6345 � O 'Y
O � O CITY of ORONO
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A RESOLUTION APPROVING A PRELIIVIINAR�PLAT
AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW
DEVELOPMENT AS A PLANNED RESIDENTIAL DEVELOPMENT (PRD)
FOR THE PROPERTY LOCATED AT 3700 NORTHERN AVENUE
-FILE N0. 13-3631
WHEREAS, Landsource, LLC, a Minnesota limited liability company
represented by Todd Holmers (hereinafter the "Developer") has an interest in the property within
the City of Orono (hereinafter the "City") located at 3700 Northern Avenue and legally described
as follows:
Ezhibit A attached
(hereinafter the "Property"); and
WHEREAS, on August 21, 2013 the Developer filed an incomplete subdivision
application with the City for preliminary approval of a six lot residential plat of the Property,
which application was considered as complete as of September 9, 2013; and
WHEREAS,after due published and mailed notice in accordance with Minnesota
Sta.tutes 462.358 et. seq. and the City of Orono Zoning and Subdivision Codes, the Orono
Planning Commission held a public hearing for the application and reviewed it on September 16,
2013, at which time all persons desiring to be heard concerning this application were given the
opportunity to speak thereon; and
WHEREAS, on September 16, 2013 the Planning Commission recommended a
number of revisions to the proposal including that it be processed as a Planned Residential
Development(PRD); and
WHEREAS,the Developer submitted two revised proposals referenced as Option
1 and Option 2 which were reviewed by the Planning Commission at a public hearing held on
October 21, 2013, at which time the Planning Commission voted 7-0 to recommend preliminary
plat approval for Option 1 and recommended approval for development via the PRD process; and
WHEREAS, at its regular meeting of November 12, 2013 the City Council
reviewed the preliminary plat optional proposals and on a vote of 3-2 directed City staff to draft
a resolution for preliminary plat approval for development of Option 1 as a PRD, incorporating
the appropriate findings and conditions based on Council's review; and
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WHEREAS, the City Council hereby makes the following fmdings with regards
to this application:
FINDINGS
1. This application was reviewed as Zoning File #13-3631.
2. 'The Property is zoned LR-1C Single Family Lakeshore Residential District,
which normally requires a minimum lot area of 0.5 acres and minimum lot width
of 100' The Property is 4.89 acres in area, of which 0.83 acre is wetland and 4.06
acres is non-wetland area.
3. The Properiy is guided in the 2008-2030 Orono Community Management Plan
(CMP) for Low-Medium Density Residential Use at a densiTy of up to 2-3 units
per acre. The proposed layout conta.ins 6 lots on 3.74 dry acres (net of wetland
and roadway dedication for Northern Avenue) for an overall net densiTy of 1.6
units per acre.
4. The Property site is somewhat bowl-shaped and contains a 0.83-acre wetland at
its center. The high point at the southwest corner of the site drops approximately
24 feet to the wetland, with slopes in the general range of 5-15%. There are two
existing houses and two detached garages plus a smaller outbuilding all located in
the southwest corner of the Property, and all of which would be removed as a
result of the subdivision. There is one existing driveway onto Northern Avenue.
5. The Conservation Design Report by Arrowhead Environmental Consulting
provides this overview of the natural site characteristics:
"The existing landscape of the site consists of a single-family home with a
garage in the southwest portion of the site, a shallow marsh wetland in the
center of the property, and hardwood forest throughout the site. The trees
consist mostly of black walnut (Juglans nigra), sugar maple (Acep
saccharum), red oalc (Quercus rubra), basswood (Tilia americana), green ash
(Fraxinus pennsylvanica), and boxelder (Acer negunda). A dense layer of
common buckthorn (Rhamnus cathartica) was present throughout most of the
forested area.
,
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According to the lot layout, the six proposed homes will be located in the
upland area of the site. The lots will be partly screened from Northern
Avenue and the adjacent lots by existing woods.
The dominant vegetation in the wetland community of the property is cattail
(Typha sp.), lake-bank sedge (Carex lacustris) and reed canary grass (Phalaris
arundinacea). No rare, threatened, or endangered plants are known to exist or
are likely to exist due to the previous activities associated with the property
and dense buckthorn layer. Native trees that are dominant throughout the site
should be preserved as much as possible to maintain a natural setting and
provide a screen between the housing lots."
6. The existing delineated wetland on the property is classified by the Minnehaha
Creek Watershed District (MCWD) as Manage 1, for which MCWD requires
establishment of a 40-foot perimeter buffer. In addition, the City of Orono
requires that all buildings be setback 10 feet from the buffer edge, hence all
structures must be located at least 50 feet from the wetland boundary.
7. The proposed plat includes six lots. Each of the six lots will be served via
individual driveways onto existing Northern Avenue. Northern Avenue was
originally created as part of the plat of Townsite of Langdon Park in 1893, being
66 feet in width adjacent to the north boundary of the 100-foot wide Great
Northern Railroad right-of way. In 1912 Northern Avenue was vacated by the
town board for unknown reasons. Today,Northern Avenue exists as a 20' paved
width public road half on the railroad right-of-way and half on the adjoining
properties.
As part of the plat of Southview Esta.tes in 1983, the City was able to recoup a
30' corridor near the western end of the vacated right-of-way. Since then, the
Hennepin County Regional Rail Authority has acquired the railroad right-of-way
and has a recent history of attempting to eliminate encroachments on its future
commuter/Iight rail corridors. Subdivision of property is one of the few
opportunities the City has to acquire necessary road rights-of-way. With half of
Northern Avenue's traveled road on the railroad right-of-way, it would be in the
best interests of the City to regain the necessary right-of-way outside the rail
corridor for potential relocation of Northern Avenue should the need someday
arise. The Planning Commission has recommended that dedication of 30' of
right-of-way for Northern Avenue should be required as a condition of approval
for platting the Property.
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8. Development as a PRD will allow for relaacing the normal 100-foot lot width
standard of the LR-1C District. The configuration of the site as proposed includes
six long, narrow, para11e1 lots each having a defined width of 78.1 feet and a
functional width of 76.4 feet. The functional width would allow for construction
of homes approximately 56 feet in width while meeting the required 10' side
setbacks of the LR-1 C District. The Developer has proposed to additionally limit
proposed Lots 1 and 6 to a 15' side setback abutting the west and east lot iines
respectively, to provide additional buffer to the two adjoining developed
residential properties.
Comments and concerns by the affected neighbor to the immediate west of the
site regarding side setback and driveway locations for proposed Lot 1 can be
addressed by requiring a 15' west side setback for principal and accessory
structures on Lot 1 and requiring that the driveway for Lot 1 be located in the
easterly half of Lot 1.
9. Development as a PRD will allow for relaxing the 0.5 acre contiguous dry
buildable la�t area standard of the LR-1 C District. Proposed lot areas are shown in
the following table:
Proposed A. B. C. D. E.
Lat Areas �'�'etland Contiguous Dry Separated Dry Total Dry Total(�cres)
(�cres) (acres) (atres) (acres)
Lot 1 0.00 0.82 0.00 0.82 0.82
Lot 2 0.01 0.79 0.00 0.79 0.80
Lot 3 0.25 0.33 0.19 0.52 0.i7
Lot 4 Q.38 0.26 0.10 0.36 0.74
Lot 5 0.19 0.53 0.00 0.53 0.72
Lot 6 0.00 0.72 0.00 0.72 0.72
Northern Avenue 0.00 0.32 0.00 0.32 0.32
Total Acres 0.83 3.77 0.29 4.06 4.89
Lots 3 and 4 contain less than the LR-1C required 0.50 acres of contiguous dry
buildable land. Only Lot 4 contains less than 0.50 acres of total dry buildable
land. The average contiguous dry buildable area of the six lots is 0.57 acres.
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Each proposed lot contains sufficient contiguous dry buildable land in which to
construct a single family residence meeting LR-1 C setback requirements as well
as MCWD wetland buffer and City wetland/buffer setback standards. However,
Lot 4 has virtually no flexibility as to house placement and Lots 3 and 5 have only
minimal flexibility. Lots 1 and 2, where the existing houses axe located, have
substantial flexibility to move forward or back. Lot 6 also has good flexibility,
but at the potential expense of a number of mature oak and maple trees.
10. The Planning Commission has recornmended that a conservation easement be
dedicated over the northerly portions of Lots 1 thru 6, encompassing the wetland
and upland areas in approximately the north 60% of the Properry. This
conservation easement is intended to preserve the woodland in this area, reduce
the impacts of development on the flora and fauna in the area, and maintain the
existing drainage pattern. Separate and potentially overlapping covenants and
easements will be required for wetland preservation, wooded area preservation,
and the proposed stormwater pond ing areas required for runoff rate control. The
intent is to preserve the conservation area in as natural a condition as possible
with no buildings, roads or other man-made intrusions other than stormwater
ponding as necessary to serve the development.
11. Stormwater rate control ponds are proposed at the east and west ends of the
wetland, to be located outside the 40' wetland buffer area. Due to the drainage
pattern in the neighborhood and the seasonal flooding that historically occurs in
the low areas of the site, it is critical that as much stormwater and snowmelt
runoff from the development as is feasible be discharged to the proposed
stormwater quality ponds. However, the City Engineer has indicated that the
proposed grading plan may have negative impacts on the house pad for Lot 5, and
that the plan be revised to allow drainage from the rear yard of Lot 4 to drain
directly to the wetland. The development will be subject to the standard
Stormwater and Drainage Trunk Fee.
12. The Developer has provided a Conservation Design Report by Arrowhead
Environmental Consulting (AEC), including a tree survey, natural resources
inventory and Conservation Design Master Plan. In the Master Plan AEC
recommends the esta.blishment of conservation easements for the wetlands and
wetland buffer, and additionally recommends that the tree border adjacent to
Northern Avenue be preserved as a buffer to the development. The City Engineer
has recommended that an additional easement be established over this tree border.
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All of the above noted easements for preservation aze appropriate and will require
careful site management during construction of the stormwater ponds and new
homes to ensure compliance. In addition to tree preservation, the Conservation
Design Master Plan conta.ins recommendations for invasive species (primarily
buckthorn) removal as well as removal and replacement of dead or dying trees. It
would be appropriate and desirable that the developer adhere to the AEC
recommendations.
13. The Property is within Hardcover Tier 3 allowing 35% impervious surface. Per
the tier assignment methodology established in Zoning Code Section 78-1701, all
proposed lots will remain within Tier 3. Each lot can be developed well within the
hardcover limitation of 35%, as in each case the entire lot including the
conservation easement area would be creditable toward hardcover. Overall
hardcover of the entire 4.57 acre site (excluding proposed road dedication) based
on the general house sizes and driveway layouts proposed will be approximately
10%. The 15% `lot coverage by structures' limitation established by code will
have minimal impact on buildability of the building sites.
14. Standard perimeter drainage and utility easements around all individual property
boundaries in the plat will be required, except that utility easements shall avoid
crossing the delineated wetland area.
15. The CiTy has no current plans for trails or parks that specifically require
dedication of land from this property. Because dedication of land for park
purposes is not required at this location, a Park Dedication Fee in lieu of land per
City Ordinance would be appropriate.
16. The Planning Commission recommended that an easement be established
providing for walking access to the rear dry buildable area of the lots. This
easement would be appropriate but shall be limited to use by the owners of the six
Lots and not be dedicated for public use.
17. The City Engineer has provided extensive comments in letters dated September 9,
2013 and October 17, 2013 which contain comments that must be addressed by
the Developer in making the final plat approval application.
18. The property is within the MLTSA. Sewer and water service is available to the
property in Northern Avenue. The property was provided with municipal water in
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1970 and was assessed for its entire front footage but for only 3 water units. Any
units over 3 that are approved with the proposed subdivision will have a water
connection charge due of$2,820.00 per unit.
The property was provided with municipal sewer in 1982 and initially assessed
for 2.0 acres and 4 units. The developable acreage for this property would be
calculated at 3.74 acres net of wetland and road, leaving 1.74 acres not assessed.
A sewer acreage charge of$6,942.60 would be due at the time of plat approval,
and any additional units above 4 will also incur a sewer trunk charge of$600.00
per unit.
19. The existing principal and accessory buildings in the southwesterly corner of the
, Property should be removed as a condition of final plat approva.l. Removal
should occur prior to filing of the plat with Hennepin County.
20. The City Council finds that the unique configuration and natural characteristics of
the Property including the central location of the wetland, and the desire to
preserve the northerly dry buildable portions of the Property, are sufficient
justification to support the granting of a conditional use permit for Planned
Residential Development of the site.
21. All proposed lots will contain suitable area meeting a11 established setback,
requirements to allow the construction of single family residences.
CONCLUSIONS,ORDER AND CONDITIONS
NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the
findings noted above, the City Council of the City of Orono hereby grants Preliminary Plat
Approval and a conditional use permit for development as a Planned Residential Development
for a 6-lot plat per the Preliminary Plat survey/drawing by Mark S. Gronberg of Gronberg &
Associates, Inc. dated 9/27/13 and Preliminary Grading and Utility Plan dated 9/27/13 and
attached hereto as Eghibit B, subject to the following conditions:
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l. Easements for the protection of wetlands, woodlands, and open spaces and for the
construction and maintenance of stormwater management facilities shall be established as
follows:
a) Wetland Conservation and Flowage Easement over the wetland and its MCWD-
required buffer; and
b) Drainage and t�tility Easements over the ponding areas, swales, ditches and
culverts; and
c) Conservation Easement for Tree and Opens Space Preservation over the portions
of the property defined in the City-annotated site plan attached hereto as Eghibit
C. Applicant shall submit proposed Conservation Easement language for Council
review and acceptance, specifying the proposed conditions and limitations to be
placed on the areas noted above.
The easement shall incorporate as a minimum, the following elements: no
structures allowed, no fences, no domestic animals (i.e. no horses, sheep, chickens,
etc.), no tree or vegetation removal except by special permit for maintenance or as
part of the approved vegetation management plan established in the Conservation
Design Master Plan, and no excavating or earth movement; creation and
maintenance of non-hardcover walking paths shall not be allowed.
Permanent markers of a design and material acceptable to the City shall be placed
at all points where the Conservation Easement intersects a lot boundary or where
the Easement boundary line changes direction, as noted on attached Exhibit C.
2. The Developer shall implement and adhere to the provisions of the Conservation Design
Master Plan by Arrowhead Environmental consulting dated August 20, 2013 and
incorporated herein by reference. Activities associated with said Master Plan shall be
incorporated within the Developers Agreement to be executed between the Developer
and the City. The Developer shall establish covenants providing for a Homeowners
Association which will be responsible for all future maintenance activities related to the
Conservation Design Master Plan.
3. Limitations on Individual Lots.
a) Accessory structures: Accessory structures may be placed on lots according to
City standards, except where prohibited by the Conservation Easement or other
restrictions or covenants.
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b) Setback/yard requirements sha11 be per the LR-1C District setback standards for
Lots 1 through 6 as follows, with the exceptions noted:
Front: 30 feet
Rear: 30 feet
Side: 10 feet
Exceptions: a) The west side setback for principal and accessory
structures on Lot 1 shall be 15 feet.
b) The east side setback for principal and accessory
structures on Lot 6 shall be 15 feet.
Wetland boundary: 50 feet (MCWD buffer width of 40' plus 10' City
setback from buffer edge)
c) Lots 1 through 6 are subject to the Tier 3 hardcover limitation of 35%of the gross
lot area, and structural coverage limitation of 15% of the gross lot area.
d) The driveway serving Lot 1 shall be located within the easterly one-half of Lot 1.
e) Existing grade for a11 lots for building height determination shall be the existing
grades as shown on the Preliminary Grading and Utility Plan dated 9/27/13
attached as Exhibit S. The grading plan as approved does not establish new
existing grades.
4. General site grading, storm sewer design and individual house site grading shall be
designed and completed so as to direct as much stormwater and snowmelt runoff from the
development as is feasible to the stormwater rate control ponds. Additionally, grading
and drainage sha11 adhere to the recommendations of the City Engineer. The Developer
shall establish covenants providing for a Homeowners Association which will be
responsible for all future maintenance of stormwater ponding facilities.
5. Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and
permits as required. Final plat approval shall not be granted until the Developer has
provided evidence that all required MCWD permits have been obtained.
6. Development Fees
a) Park Dedication - Dedication of actual land for park purposes is not required at
this location. A Park Dedication Fee in lieu of land will be required. The Park Fee
is determined as 8% of the fair market value of the land being subdivided, but
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must be between a minimum of$3,250 and a maximum of$5,550 per residential
dwelling unit. For the proposed 6 lots, the Park Fee will be based on 5 new lots.
The City Assessor will be consulted to determine the final market value of
the land for establishing the amount of the fee.
b) Stormwater and Draina�e Trunk Fee. The development is subject to the
Stormwater and Drainage Trunk Fee of $5,765 per acre x 4.89 total acres =
$28,191.00.
7. Utilities. The property is within the MLTSA. Sewer and water service is available to the
property in Northern Avenue. "The property was provided with municipal water in 1970
and was assessed for its entire frorrt footage but for only 3 water units. The subdivision
consists of 6 total lots. The proposed subdivision will have a water connection charge
due based on 3 additional units at$2,820.00 per unit=$8,460.00.
The property was provided with municipal sewer in 1982 and initially assessed for 2.0
acres and 4 units. The developable acreage for this property would be calculated at 3.74
acres net of wetland and road, leaving 1.74 acres not assessed. Per the 2013 Orono Fee
Schedule a sewer acreage charge is due based on $3,990 per acre x 1.74 acres =
$6,943.00. Per the 2013 Orono Fee Schedule a sewer trunk unit charge is also due based
on 2 additional units at$600 per unit, totaling$1200.00.
8. Existing Buildings. The developer shall rernove the existing buildings as a condition of
final plat approval. Removal shall occur prior to filing of the plat with Hennepin County.
9. City Engineer Approval. Approval is subject to the recommenda.tions of the City
Engineer in his comment letters dated September 9, 2013 and October 17, 2013 and any
forthcoming comments as may be warranted.
10. Plans and Specifications. The following plans and specifications shall be submitted for
review and approval by the City and other appropriate jurisdictions, to ensure that the
proposed plat will accomplish the intended purposes:
a) Final plans and specifications for all proposed utility lines and services, including
proposed revisions, if any, to e�sting service facilities.
b) Final grading, drainage and erosion control plan showing existing and proposed
contours, building locations, elevations, stormwater facilities and calculations,
utilities and erosion control measures to be used during construction. Final Plat
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Approval will not be granted until the Minnehaha Creek Watershed District has
approved the stormwater management plans.
c) Engineering details and design for any proposed retaining walls.
d) Sufficient detail to meet the recommendations of the City Engineer.
1 l. Other Easements.
a) Drainage and Utility Easements shall be dedicated to the public on the final plat
10' along all exterior property lines, and 5' either side of interior property lines,
and such easements shall be increased to accommodate drainage where required,
subject to City sta.ff approval; except that where such easements would extend
through wetlands, utility easements sha11 not be esta.blished.
b) A Conservation and Flowage Easement sha11 be granted to the City of Orono over
all delineated wetlands on the property.
12. Developers Agreement. Developer sha11 execute a Developer's Agreement for
construction of improvements on the Property to ensure all site improvements are
installed to the City's specifications and satisfaction. Said Developers Agreement may
contain additional conditions not noted in this Preliminary Plat Approval resolution. No
land alterations can take place until erosion control is established and the City is in
receipt of a final grading and road plan. No improvements can begin until the City
Engineer has approved all improvement plans. No improvements can begin until 24
hours after the final plat has been recorded with Hennepin County. A Letter of Credit
must accompany a fully executed Developer's Agreement written to 150% of the cost of
the proposed site improvements. No building permits will be issued until all drainage
facilities and improvements have been installed.
FINAL SUBMITTALS
The following list of final submittals must be submitted to the Zoning Administrator prior to the
regularly scheduled Council meeting on the second and fourth Mondays of the month. These
submittals are as follows:
1. Record plat drawings in the form of two (2) mylar copies (one copy for the City's
records and one for filing with Hennepin County) and one (1) copy reduced to 1"
= 200'. Drawing to include:
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A. Lot lines platted per preliminary plat survey/drawing by Mark S. Gronberg
dated 9/27/13 attached hereto as Ezhibit B, except as modified herein.
B. Dedication of"drainage and utility easements" 10' along exterior property
lines and 5' along the interior property line, with exceptions and additions
as noted herein.
C. Dedication of areas shown as wetlands.
D. Dedication of"Drainage Easements" over all drainageways.
E. Naming of plat.
2. Lega1 documents required:
A. Title opinion addressed to the City or a title insurance policy in favor of
the City. All owners, mortgage holders or others with property interest
indicated therein shall sign the plat and a11 other documents affected by
such interest.
B. The applicant must provide certified copies of all recorded easements
currently affecting the property.
C. Signed Conservation and Flowage Easement to be granted over all
delineated wetlands on the plat.
D. Signed Conservation Easement to be granted over the areas noted herein.
E. Signed Developers Agreement and Letter of Credit for construction of
improvements, and a cash escrow which covers engineering inspections
and other city costs. The City Engineer shall esta.blish the amount to be
provided in the Letter of Credit.
3. Plat approval fees to be paid: Total due: $61,744.00 to $73,244.00*
A. Final plat fee=$700.00
B. Park Dedication Fee: $16,250.00 to $27,750.00*
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C. Stormwater and Drainage Trunk Fee: $28,191.00
D. Municipal Water Connection Chazge: $8,460.00
E. Municipal Sewer Acreage Charge: $6,943.00
F. Municipal Sewer Unit Charge: $1,200.00
* As of the date of this writing, the City Assessor has not established a fair market
value for the property pre-development. The figures shown reflect the minimum
and m�imum potential amount of the Park Fee.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 25�`day of November, 2013.
ATTEST:
�
E' � ` � .
Rachel Dodge, City Clerk Li i Tod McMillan, Mayor
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(Representative of Landsource, LLC)
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O �, O CITY of ORONO
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this_�day of �C�, 2013 on
behalf of Landsource, LLC by Todd Holmers, its [�
BARBARA G.SILUS �
�Cl�R. �C�,�,�
NoinRv Puauc•i�►�r�soTa Notary Public
, .. My Gommiss�on Expres J�.31,2018
Page 14 of 14
EXHIBIT A
RESOLUTION NO. 6 � � �J
EXISTING LEGAL DESCRIPTI4N:
Torrens parcel (per Certificate of Title No. 289758)
Tracts B and C, Registered Land Survey No. 763, files of Registrar of Titles,
Hennepin County, Minnesota.
NOTE: Vacated Northern Avenue has not been added to the Certificate of Title.
A proceeding subsequent will be needed to add this to the title.
Abstract parcel
That part of the fotlowing described property:
That part of the West 3 acres of Lot 9, Block 10, Townsite of Langdon Park.
which lies southerly of the westerly extension of the North line of Tract B,
Registered Land Survey No. 763, files of Registrar of Titles, Hennepin
� County, Minnesota,
whi�h lies westerly of the westerly line of said Tract B.
NOTE: Var.ated Northern Avenue has not been added to this legal description.
PORTION OF VACATED NORTHERN AVENUE TO BE ADDED TO THE
PROPERTY
Torrens portion
That pa�t of vacated Northem Avenue, vacated by final road order of town board,
dated 8-28-1912, which lies befinreen the southerly extensions across said
Avenue of the East line of Tract C, Registered Land Survey No. 763, and the
West line of Tract B, said Registered Land Survey.
Abstract portion �
That part of vacated Northern Avenue, vacated by final road order of town board,
dated 8-28-1912, which lies between the southerly extensions across said
Avenue of the West line of Tract B, Registered Land Survey No. 762, and the
West line of Lot 9, Block 10, Townsite of Langdon Park.
NOTE: Existing buildings to be removed
EXHIBIT B
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Nt3-�THERN OAKS RESOLUTIONNO._ _
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RESOLUTION NO
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I � IN TFtACTS B �C, R.L.S. NO.763,AND y�o
� � IN LOT 9, BLOCK 10,TOWNSITE OF LANGDON PARK agz'
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I � EXHIBIT C � 3 4 5
� i RESOLUTION N0.
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I � IN TFtACTS B & C, R.L.S. NO. 763,
� j IN LOT 9, BLOCK 10, TOWNSITE OF LAN�
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