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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO 6 :Z
PURSUANT TO ORDINANCE N0.246, SECTION 34.366
BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota:
1.
FINDINGS
That is (are) the -,--,-----,--------,----,-----------------------owner (s) /taxpayer (s) of record of the following described property
located within the RS Seasonal Recreational Zoning District of the
City:
Lot 47, Morse Island Park, Hennepin County, Minnesota
2. That in adoption of Ordinance No. 246, the City Council reviewed
ownership, development and use patterns on -the-islands and has
determined that all the above described property combined is and
shall hereinafter and henceforth be one "RECORD LOT" as defined
in Section 34.366 of said ordinance.
3. That all the above described property when combined as one RECORD
LOT is still less than the minimum lot size required for new lots
in the RS District, but that this _RECORn LOT is being used and/or
may be used in the future for any permitted use in the RS District
without adverse affect upon public health, safety, or welfare.
CONCLUSION
The City Council of Orono hereby grants a lot area variance to the above
described RECORD LOT based on the above findings and subject to the
following Conditions:
1. This RECORD LOT including all the above described property combined
shall henceforth be continued in common ownership by the same person
or persons even if recorded as separate lots or tax parcels, and it
shall not be subdivided, sold in parts, reduced in area or otherwise
separated without application for and approval of a subdivision by
the City. ·This condition shall not preclude futur~ sale or transfer
of the complete "RECORD _LOT" as a singl E¼ unit.
2. Granting this variance means this RECORD LOT may be used for one-
family seasonal recreationai use without a structure; or a single
new seasonal dwelling may be built; or an existing seasonal dwelling
may be used, improved, added-onto or replaced; all without requiring
further City Council review of lot size, but subject to strict comp-
liance with all building permit, setback, hardcover, on-site sewage
treatment and other performance standards for development in the
RS District.
PAGE 2; RECORD LOT NO. /J ~ : RESOLUTION NO. ------
3. Granting this variance shall not vest any rights in the property
other than as specifically provided in Ordinance No. 246, and shall
not preclude a future City Council from amending, modifying or other-
wise limiting development rights and/or performance standards in the
RS District.
4. The undersigned has read and understood the terms of this resolution
and on behalf of himself, his heirs, successors and assigns, agrees
that the above described property constitutes · a single RECORD LOT;
agrees that the RECORD LOT use may be so limited by the City; and
agrees to the recording of tttis resolution in the chain of title of
the property.
Adopted by the Orono City Council on the day of , 1983. ----------
ATTEST: CITY OF ORONO
City Mayor
(1) (2) _____________ _
known to me to be the person(s) desc
instrument, and acknowledged that
free act and deed.
I · G~ .,, 'DITH A FROMMEs · '
• : • ,'.;(, V p~ "'.7 Ai ll\lf\l i:('·, I
'•'I ,' If,-. ,\ . '•-' ' -'_lQfil l,.IN T'\'
.. COMMll!S ION ~~" ri c:o 1141'· 14', ( ·-~ .....
and who
This document is being recorded for the benefit of the
City of Orono per Minnesota Statutes 386.77.
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City Of Orono
P.O. Box 66
Crystal Bay, Mn. 55323
473-7357
the foregoing
as his (their)
CD
CITY of ORONO __
Post Office Box 66 • Crystal Bay, Minnesota ~5323 • Municipal Offices
On the North Shore of Lake Minnetonka
ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING
OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983
473-731
(/
This notice is provided to the owner/taxpayer of record according to Ordinance #246,
Section 34.336. The following Record Lot classification will be considered accurat~
and final unless you have some reason to dispute the facts used to make the classification.
Record Lot identification fonns the basis for the granting of automatic lot area variances
th.1.t "Grandfather" existing properties of less than 5 acres in area.
RECORD LOT means all the contiguous or abutting land owned in common by the same person
or persons as of November 9, 1981, (the effective date of the island moratorium) or
at any time such common-ownership may occur thereafter, including one or more separately
platted lots or unplatted parcels of land, and/or one or more separately identified tax
parcels. Because of the unique circumstances and actual use patterns existing on the
islands, also included within the definition of a "Record Lot". is commonly-owned land
that is contiguous except for being separated only by platted unopened public right-of-way.
Record Lot f/62
Jean A. Deggendorf
Box 334
Ex~els~or, MN 55331
APPROXIl-!ATE SIZE o-lB ACRES & CLASSIFICATION:
(size is exclusive of any wetlands)
OVER 10 ACRES, (may be SUBDIVIDABLE)
--OVER 5 ACRES, but LESS THAN 10 ACRES
--(conforming but not SUBDIVIDABLE)
.2{_sUBSTANDARD/BUILDABLE (less than 5 acres;
a new seasonal cabin may be built, or an
existing seasonal cabin may be improved,
added-onto or replaced, subject to setbacks,
permits, etc., but without requiring further
City Council review)
UNBUILDABLE (means a vacant lot of less than
--1/2 acre; may be used for recreational purposes
without a cabin, but requires a Council approved
variance to be built on)
This RECORD LOT consists of ---1 tax parcel(s)
as follows:
EXISTING USE CLASSIFICATION
RECREATIONAL USE ONLY (without a cabin)
--SEASONAL CABIN, used 180 days or less/year
--(if your cabin is used more than 180 days/
year, please complete the YELLOW application)
)( Seasonal Cabin plus a PRIVATE GUEST CABIN
--Other CO NDITIONAL E -(,(
PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there is an error or a change,
please mark the correction and return this page to the City in the enclosed postage-
paid envelope. We want this permanent record to be correct.
IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR
PROPERTY, you must file a fonnal written appeal before July 1, 1983, or the record lot
will remain classified as above. Sign below and return along with a separate letter
stating the problem and facts supporting any change. Additional information may be
requested to verify any chillenge such as surveys, utility bills, copies of recorded
deeds, etc.
;? z_ ~-
I I ,,,.
Owner/Taxpayer Date /
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Phon e
MINNETONKA
1
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BE ,;CH
~ HUNTINGION
POINT
DEERING ISLAND .
INSERT
OFFICIAL RECORD LOT MAP
ORDINANCE NO . 246 -DECEMBER 30, 1982
RS SEASONAL RECREATIONAL ZONING DISTRICT
NOT TO SCALE
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flennep .i.n Pa.11.ll Rue.1Lve V-i..t,.vr.,ie,t
VIL. _M.thl.Llt Allen Wildli6e Re 6u.ge
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CROWN POINT
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NORTH
Telephone 473-7357
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
May 13, 1983
Mr. Jean A. Deggendorf
Box 334
Excelsior, Minnesota
Re: Big Island
Dear Mr. Deggendorf:
55331
Lot
Enclosed is information regarding the island zon~ng ordinance
adopted last December and how that ordinance may affect your
property.
I recommend that you consider completing and returning the variance
resolution (Form #2) which will ensure that you receive the full
"grandfather" benefits of the ordinance designed to protect building
rights on those lots with existing cabins.
I have also enclosed two yellow conditional use permit application
forms (#4-1 & #4-2). These need to be completed and returned if you
wish to record use of a guest house ·and/or use of your property
as your principal year-round residence. If you choose to apply for
these permits, they will be reviewed by the Planning Commission
and City Council. Final approval of these permits and any conditions
required will be included in a single lot variance resolution that
will replace Form #2. The information asked on the yellow forms
is necessary to prepare that resolution.
I apologize for the delay in getting this information to you. You
will note that the ordinance and attached forms include a July l;
1983 deadline for your response. I would appreciate your response
by that date, but because this notice was delayed, we will extend
the actual deadline to September 1, 1983.
Thank you for your cooperation.
Sinz:~L
~Olson .
City Planner
APO/ams
February 15, 1983
Record Lot //62
Jean A. Deggendorf
Box 334
Excelsior, MN 55331
Dear Island Landowner:
CITY of .ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
The purpose of this letter is to provide you with information regarding
the recent zoning changes on Big Island, and how these changes may
affect your property.
The new RS Seasonal Recreational zoning regulations were established
by City Council adoption of Ordinance #246 on December 30, 1982. This
action also ended the development moratorium that had been in effect
since November 9, 1981.
A summary of the ordinance is attached. If you are interested, a
complete text of the ordinance is also available for a nominal charge
of $3.00 to defer printing and mailing costs.
Your property is identified in the ordinance by the Record Lot Number
shown above and on the attached blue page. This identification is part
of a special section that inventories lot by lot the ownership patterns
and existing uses of island property. Based on this record, the ordinance
then "grandfathers" building rights for these Record Lots by making them
eligible for lot area variances. This means that for the first time
even if your lot is less than five acres (or two acres under the previous
ordinance) that you may now build a new seasonal cabin, or if you already
have a cabin, that it may continue to be used, improved, added-onto or
replaced with a new cabin, subject to building permits and setback
regulations, etc., but without questioning its use for building purposes,
and without requiring any special City Council review.
In order for you to automatically receive the benefits of the lot area
variance, you should review and complete the following before July 1,
1983:
1. Please verify the Record Lot information on the attached blue page
and notify the City if there is a problem or a change.
BUILDING & ZONING -473-7357
ASSESSING
• ADMINISTRATION & FINANCE -473-7358
(over)
• PUBLIC WORKS -473-7359
Island Landowners
February 15, 1983
Page 2
2. If the Record Lot information is complete, please sign, have
notarized and return the white Variance Resolution. State law
requires that all zoning variances be recorded with the County
Recorder in resolution form. Returning this resolution is optional,
but if you choose not to do so, you may be iequired to pay a fee
and file a formal variance application in the future if you ever
plan to do any building on the property. There is no fee for having
this automatic variance recorded at this time.
3. If your Record Lot consists of two or more separate tax parcels, a
green form for requesting a combined assessment is enclosed. Please
sign and return this to the City to allow your tax records to be
changed into one parcel cortsistent with the zoning and to assure
the most favorable tax rate possible.
4. A conditional use permit issued by the City Council is required
for certain land uses in the RS District, including the following
residential uses:
4··1 a)
,4 .z b)
If you use or have . used your cabin FOR MORE THAN 180 DAYS/YEAR.
If you have MORE THAN ONE CABIN on your property.
Refer to the enclosed yellow sheet for a definition of these uses
including a description of when a special permit is or is .not required.
If you wish to a pp 1 y for a permit , mark I: he y,e...l~.g...e-a-R-a-ret·ur·Tl it
~~~ ;w iL1 ..s.e..n..d-;y.0-U-:-&•l:i-e-a-p -p-r--0,p-i;...i..a..t.e-a..p..p.J..i.c..a.t..i.o.n_f..o..r,m by
r-e-t-t1 ·r-n-m-a-i--±-.-. Fe r-t't"l. ..s (J. r·-e. €.:tU C / 01'$ eel
A postage-paid envelope is enclosed for your use in returning the above
forms to the City. If you have any questions about this, please call
Alan Olson or Jeanne Mabusth at 473-7357.
On behalf of the City Council and Planning Commission, I want to take
this opportunity to thank each and everyone of you whoie inter~st and
participation this past year has helped so much in the completion of
this planning process. I have certainly enjoyed meeting all of you and
learning so much about your island. I hope this last step can be kept
as · simple as possible so that your property rights can be correctly
recorded for your future benefit.
Sincerely, t: / t,t;;,:____ .41:~ 1. 01 son
City Planner
Enclosures
0
CITY of ORONOc··
Post Office Box 66 •_Crystal Bay, Minnesota ('>532:3 • Municipal Offices
'.-: On the North Shore of Lake Minnetonka
ORDINANCE NO. 246 RS SEASONAL RECREATIONAL ZONING
OFFICIAL RECORD LOT NOTICE FEBRUARY 15, 1983
473-7357
This notice is provided to the owner /taxpayer of record according to Ordinance l/246,
Section 34.336. The following Record Lot classification will be considered accurate
and final unless you have some reason to dispute the facts used to make the classification,
Record Lot identification forms the basis for the granting of automatic lot area variances
th.1.t "Grandfather" existing properties of less than 5 acres in area.
RECORD LOT means all the contiguous or abutting land owned in common by the same person
or persons as of November 9, 1981, (the effective date of the island moratorium) or
at any time such common-ownership may occur thereafter, including one or more separately
platted lots or unplatted parcels of land, and/or one or more separately identified tax
parcels. Because of the unique circumstances and actual use patterns existing on the
islands, also included within the definition of a "Record Lot". is commonly-owned land
that is contiguous except for being separated only by platted unopened public right-of-way.
Record Lot 1162
Jean A. Deggendorf
Box 334
Excelsior, MN 55331
APPROXIMATE SIZE o-/8 ACRES & CLASSIFICATION:
(size is exclusive of any W::?tlandsl
OVER 10 ACRES, (m.iy be SUBDIVIDABLE)
--OVER 5 ACRES, but LESS THAN 10 ACRES
--(conforming but not SUBDIVIDABLE)
2{_sUBSTANDARD/BUILDABLE (less than 5 acres;
a new seasonal cabin may be built, or an
existing seasonal cabin may he improved,
added-onto or replaced, subject to setbacks,
permits, etc,, but without requiring further
City council review)
UNBUILDABLE (means a vacant lot of less than
--1/2 acre; may be used for recreational purposes
without a cabin, but requires a Council approved
variance to be built on)
This RECORD LOT consists of l --------tax parcel(s)
as follows:
;? '3-117-~3 Jl2 ooor
EXISTING USE CLASSIFICATION
RECREATIONAL USE ONLY (without a cabin)
--SEASONAL CABIN, used 180 days or less/year
--(if your cabin is used more than 180 <lays/
X year, please complete the YELLOW application)
__ Seasonal Cabin plus a PRIVATE GUEST CABIN
Other co:mITIONAL E -ti
PLEASE VERIFY THE ACCURACY OF THE ABOVE INFORMATION. If there ·is an error or a change,
please mark the correction and return this page to the City in the enclosed postage-
paid envelope. We want this permanent record to be correct.
IF YOU WISH TO CHALLENGE THE RECORD LOT DETERMINATION AND/OR THE CLASSIFICATION OF YOUR
PROPERTY, you must file a formal written appeal before July 1, 1983, or the record lot
will remain classified as above. Sign below and return along with a separate letter
stating the problem and facts supporting any change, Additional information may be
requested to verify any challenge such as surveys, utility bills, copies of recorded
deeds, etc.
Owner/Taxpayer Date Phone
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
APPROVING A LOT AREA VARIANCE FOR RECORD LOT NO b«
PURSUANT TO ORDINANCE NO.246, SECTION 34.366
0
BE IT RESOLVED by the City Council of Orono, Hennepin County, Minnesota:
1.
FINDINGS
That is (are) the --,--,-,----------:-----:-----------------------
0 w n er ( s) /taxpayer ( s) of record of the following described property
located within the RS Seasonal Recreational Zoning District of the
City:
Lot 47, Morse Island Park, Hennepin County, Minnesota
2. That in adoption of Ordinance No. 246, the City Council reviewed
ownership, development and use patterns on the islands and has
determined that all the above described property combined is and
shall hereinafter and henceforth be one "RECORD LOT" as defined
in Section 34.366 of said ordinance.
3. That all the above described property when combined as one RECORD
LOT is still less than the minimum lot size required for new lots
in the RS District, but that this RECORD LOT is being used and/or
may be used in the future for any permitted use in the RS District
without adverse affect upon public health, safety, or welfare.
CONCLUSION
The City Council of Orono hereby grants a lot area variance to the above
described RECORD LOT based on the above findings and subject to the
following Conditions:
1. This RECORD LOT including all the above described property combined
shall henceforth be continued in common ownership by the same person
or persons even if recorded as separate lots or tax parcels, and it
shall not be subdivided, sold in parts, reduced in area or otherwise
separated without application for and approval of a subdivision by
the City. This condition shall not preclude future sale or transfer
of the complete "RECORD LOT" as a single unit.
2. Granting this variance means this RECORD LOT may be used for one-
family seasonal recreational use without a structure; or a single
new seasonal dwelling may be built; or an existing seasonal dwelling
may be used, improved, added-onto or replaced; all without requiring
further City Council review of lot size, but subject to strict comp-
liance with all building permit, setback, hardcover, on-site sewage
treatment and other performance standards for development in the
RS District.
PAGE 2; RECORD LOT NO. 6 ,;2 : RESOLUTION NO. ------
3. Granting this variance shall not vest any rights in the property
other than as specifically provided in Ordinance No. 246, and shall
not preclude a future City Council from amending, modifying or other-
wise limiting development rights and/or performance standards in the
RS District.
4. The undersigned has read and understood the terms of this resolution
and on behalf of himself, his heirs, successors and assigns, agrees
that the above described property constitutes a single RECORD LOT;
agrees that the RECORD LOT use may be so limited by the City; and
agrees to the recording of tttis resolution in the chain of title of
the property.
Adopted by the Orono City Council on the ___ day of _______ , 1983.
ATTEST: CITY OF ORONO
City Clerk Mayor
(1) (2) ______________ _
Property Owner(s)
STATE OF MINNESOTA)
) s s .
COUNTY OF HENNEPIN)
On this ___ day of ______ , 19 , 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
MY COMMISSION EXPIRES
This document is being recorded for the benefit of the
City of Orono per Minnesota Statutes 386.77.
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City Of Orono
P.O. Box 66
Crystal Bay, Mn. 55323
473-7357
CITY of ORONO
Post Office Box 66 • Crystal Bay, Minnesota 55323 • Municipal Offices
On the North Shore of Lake Minnetonka
ORDINANCE NO. 246 APPLICATION FOR CONDITIONAL USE PERMIT (& VARIANCE)
SECTION 34.363(a): TO AUTHORIZE PRINCIPAL DWELLING USE: meaning any home or
cabin that is used or occupied for 181 days or more in any one year; or any
dwelling regardless of the duration of use if you wish to claim a Minnesota
"principal residence" homestead tax credit. If the property is not homestead,
and if your total annual usage is less than 180 days (6 months),then your use
is allowed by the ordinance and you do not have to apply for this special permit.
Note that even if you use the property a few days every month, it is the total
number of days that count, not how these days mig h t be spread throughout the year.
! )
Applicant's Name (if different) and Telephone ---------------------
Mail Address ----------------------------,-----------
as to why this permit should be approved:
/J L I l ~
.,
1. Ownership is by: Fee (Deed) ,'>( :Contract for Deed : Other -----------
// :__ 2. Date Property was Purchased: ~ -, Is deed/contract recorded?
,,,.
Yes No --'--~-----
3. Approx. Property Size: .,") J ft. wide X / ft. deep; or acres.
--'---'----~-------
4. Is this your only residence? X yes no. If not, what is the address ---
of your other residence(s)?
5. Have you filed for a "Homestead" property tax credit on this property X Yes No
If yes, what is the first year you so filed? ?
BUILDING & ZONING -473-7357
ASSFl;SINr. •
-~---
QUESTIONS CONTINUE ON BACK
ADMINISTRATION & FINANCE -473-7358 • PUBLIC WORKS -473-7359
I
7 j I / ,,z;.,✓, ■
ORDINANCE NO. 246 RECORD LOT NO. ), ,;' t. • ,:____J_,
PAGE -2-' -==~ APPLICATION FOR PRINC.1rAL DWELLING CONDITIONAL USE PER1· .• f
6. Have you filed for a "Homestead" credit on any other Minnesota property? __ Yes:/_N,
If so where?
7.
8.
-------------------------------------
How many persons reside here as their principal residence (on the average)? / -,-1----
How many days per year is the property occupied? (a) )( Continuously all year; or
(b) Part of each year from about _____ to ____ ~ling ____ days; or
(c) Off and on throughout the year, totalling days (give example of dates
used last year): --------------------------::--==:-----r~---=:---=-
, ..
10. Dwelling was built when (approx. year)? r,:; was added onto in what year (s)?
______________________ and was last remodeled in what year-'-?-==
11 A d lli (fl ) ' ft. X ---; Ji f r':0 0 f . pprox. we ng size oar area is:___ ~ t.; or_¥ ____ sq. t.;
it has how many bedrooms?_-"'=---and can sleep up to /' persons.
· 12. Dwelling construction is frame (wood).,.
'----
or what other material?
(a) A permanent foundation is required. What exists now?
space , : open floor with piers ; other
basement -==----crawl
------------------
(c) A permanent heating system is required. What exists now?
hot air fu nance ,.. space heater(s) wood stove(s) Y
other / / :' z _, I 1-f ------------
(d) Fire retardent roofing will be required for new work. What exist now?
asphalt shingles )( : untreated wood____ treated wood ____ _
other '
13. Plumbing and Septic systems will be required by or before Jan. 1, 1983. What
exists now?
(a) No. of toilets bathroom sinks ---tub or shower ---------I
kitchen sink / : other ---+----------------------------
(b) No. of septic tank (s) _Land size in gallons /~{)/) and
(c) Amount of drainfield: No. of lines Z. ; length ,J __ .,__ ___ --::=--=-----:=:---:=
total Sq. footage __ ~,/~6._.a.._..O'-'r"-----==-=-==
(d) Location tanks/drainfield on lot (direction from house):
(e) Date of septic system installation/last repair
and name of contractor • / : · _, I --::,--~----,,---=---=-=---===---
14. What type of domestic water ;upply is available? (a) lake pump~/_· __ gpm~~
(b) well: depth_~ __ ft.; casing diam. ____ inches: flow rate gpm:#
pump type: elec.)( ; gasoline _____ other: ______________ _
year drilled ____ by · (contractor's name)
ORDINANCE NO. 246
APPLICATION FOR PRINCIPAL DWELLING CONDITIONAL USE PERMIT
15. Basic fire/life protection will be required by Jan. 1, 1985, What eY.ists
now and how many? Smoke detector(s) & Portable fire e x tinguisher(~) ----size lAl OBC or larger ,2---: o t her_-"-"'""•-c...1 --'-'-·.· __ ·_,_.,,,.,_r _· ~-,·""4?:~_,_,1_· ~---;;..•·__,,'-+-,..,,,-cc,.,...,,,,__• . ,I -c..,,r_,
16. What additional fire extinguishing equipment is available now (some type is
required by Jan. 1, 1988)?
(a) Automatic sprinkler system -----
(b) Roseline connected to well ,,A or to lake pump X : ---"''-T,------"'-'---
(c) Alarm system ---------------
( d) Other -------------------
17. Is your house visible from the lake? Yes ~ No ___ : Could a 4-wheel
drive emergency vehicle reach your house from the lake? Yes)('✓No __
18. one,
and
Also
Do you have an intrusion alarm system? DO NOT ANSWER HERE. If you have
please notify Orono Police (473-7710) of the particulars, including type
key holder names. Any audible alarm must be of the self-resetting type.
consider Operation ID marking of valuables, security locking, lighting and
other such measures.
19. How do you dispo ~~of garbag~and qtlie wastes (burying or burning is
prohibited): ~--;, h (~ /_, c;;.,1 , '. / J ,-, ·)
I hereby apply for this Conditional Use Permit under the terms and conditions of
Ordinance No. 246. I understand that in granting the permit the City Council may
establish reasonable conditions or timetables for making improvements related to
health and safety matters; that the final permit if granted will be in resolution
form, will require my signature, and will be recorded in the chain of title of my
property; and that there will be no fee charged for this application if made before
July 1, 1983.
/ .,,.
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,,
/ -.~ Date Owner's Signature (_,/ 0 , ---~--=--=-------,,,,."-r,------+e---,----
A pp l i cant Is Signature_#_1_'_,__.~./-=r.~,'-',,__=-_...,.,_-'---'--=c'-"--__,'-----1/ -.'
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