HomeMy WebLinkAboutcorrespondence/noters regarding property _ _-
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C ITI' of ORU1�T0
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�� G~ Street Address: Mailing Address:
�`9�Esxpg'� 2750 Kelley Parkway P.O. Boz 66
_ Orono, MN 55356 Crystal Bay, MN 55323-0066
July 29, 2005
Patrick J. McNaughton
236 Girard Avenue North
Minneapolis, MN 55405
Re: Property at 1391 Fox Street, Orono
Dear Mr. McNaughton:
Regarding your request for zoning and other pertinent information about the above
referenced property to provide to potential buyers, I would offer the following:
1. The property description is Lot 1, Block 1 and Outlot A, Blue Hill, Hennepin
County, Minnesota. Lot 1 and Outlot A have been legally combine into one tax
parcel identified as PINS #02-117-23 34 0019. Blue Hill was platted in 1994. A
copy of the final plat is attached.
2. The portion of the property north of County Road 15 is zoned RR-1B Single
Family Rural Residential District. The portion of the property south of County
Road 15 is zoned LR-lA, Single Family Lakeshore Residential District. Each of
these districts requires a minimum lot size of 2.0 acres. The property is not
subdividable.
3. Gross area of the combined property is 2.04 acres + per Hennepin County tax
records. The combined property is considered by the City as a single conforming
buildable lot.
4. Lot 1 and Outlot A are subject to a Special Lot Combination Agreeinent dated
March 17, 1993 and an Amended Special Lot Combination Agreement dated
October 14, 1999 (Copies attached). These agreements establish covenants
briefly suinmarized as follows:
a) Lot 1 and Outlot A must remain under conunon ownership and may not be
sold separately.
b) Lot 1 is the primary parcel for developinent of a single family residence
and other allowed uses of the RR-1B District.
�'elephone(952)2�9-460� o &'ax (�52) 249-46i�
�var�w.ce.oa�on�.an�a.aas
1391 Fox Street
July 29, 2005
Page 2
c) Outlot A may be used for allowed LR-lA accessory uses only when a
principal residence has been constructed and exists on Lot 1.
d) Development of Outlot A is restricted to one seasonal dock per Lake
Minnetorika Conservation District (LMCD) regulations, one lock box per
City code, and a lakeshore stairway/boat lift/boat landing per City code.
Additionally, Outlot A may be used as an accessory parking area per the
following:
1) A parking area meeting all required setbacks (75' from shoreline,
10' from side lot line, 10' from street lot line) and not exceeding 75
square feet in area may be established in outlot A. This parking
area may be paved.
2) Grading work to create such a parking area within Parcel B shall
be subject to the appropriate land alteration permit.
3) A chain barrier shall be maintained across the entrance to the
parking area.
e) Outlot A is created for the exclusive use of the owners of Lot 1. Note that
City Code does not allow rental of dockage or boat slips to others.
5. Lot 1 may be developed with a single family residence. The following lot line
setbacic standards apply:
Front (Fox Street): 50'
Rear (Railroad Right-of-Way): 50'
Side Street (Orono Orchard Road): 50'
Side (abutting Lot 2, Blue Hill): 30'
Driveway access to Lot 1 shall be from Fox Street. No driveway access to Orono
Orchard Road will be allowed.
Lot 1 is in the 500-1000' hardcover zone within the Shoreland Overlay District
and is subject to a hardcover limitation of 35%.
The property does not have municipal water available and must use a private well.
Municipal sewer is available in the area but has not been extended to the property.
The costs of such extension have not been established but will be borne
completely by the property owner. Contact Public Services Director Greg Gappa
(952-249-4600) for additional infoi-mation.
1391 Fox Street
July 29, 2005
Page 3
6. Prospective buyers should contact the Building and Zoning Department (952-249-
4600) for additional zoning code or building code regulations which may be
applicable to a specific proposal. The City's zoning code is available on the
Orono website (ci.orono.mn.us).
7. The property abuts a former railroad corridor owned by the Hennepin County
Regional Rail Authority. This corridor is expected to be developed into a regional
trail in the near future as an interim use until some unknown future date when it
may be redeveloped for transit purposes.
8. The City has discussed with Hennepin County the potential for signalization of
the intersection of County Road 15 and Orono Orchard Road, but no signalization
has been planned at this time.
If you have further questions, please contact the City of Orono at 952-249-4600.
Sincerely,
�` ^ �, .y ��
.�i��.� �� " i,--�
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Michael P. Gaffron
Planning Director
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OFFICE OF THE REGISTRAR
OF TITLES
> HENNEPIN COUNTY, MINNESOTA
CERTIFIED FILED ON
NOV.30, 1999
3:00 P M
MICHAEL H.CUNNIFF,REGISTRAR OF TITLES
BY ,DEPUTY
-- �`IENDI�LENT TO
SPECI,IL LOT COIIBINATION AGREEII�NT
�1MENDI�IENT MADE this �y�day of �G-k b-�� , 1999, by and
beriveen J. Diann Goetten, sin�le ("Goetten") and City of Orono, a municipal
corporation under the laws of t3ie State of�Iinnesota("City").
W�-LEREAS, Goetten is the fee owner of:
Lot 1, Block 1, Blue Hill and Outlot A, Blue Hill, Hennepin County, Minnesota
("Property");
WHEREAS, the Property is subject to a Special Lot Combination A�zement
dated March 17, 1993, recorded Au�ust 23, 1994, as Document No. 2�44380
("Agreement");
WHEREAS, the parties hereto desire to amend certain restrictions set forth in
paragraph 4(b) of the A�reement re�asdin� the permitted uses of Parcel B as defined in
the A�reement;
WHEREAS, the City Council of Orono, Miruiesota, on a vote of 4 ayes and 0
nayes approved such amendment at its re�ular City Council meeting held on November
23, 1998.
NOtiV THEREFORE, for Qood and valuable consideration, the receipt of which is
hereby ackno�vled�ed, the paries hereto a�ree as follo�vs:
l. Paragraph 4(b) of the A�eement is hereoy amended, in its entirety, to read
as follows:
"b. Parcel B may be used as an accessory parki_n� area under the
followin� conditions:
1) A parking area meetin� all required setbacks (7� feet-from
shoreline, 10 feet from side and street lot lines) and not
exceeding 750 square feet in hardcover area, may be
established within Parcel B;
2) GradinD work to create such a parkin� area�vithin Parcel B
shall be subject to the appropriate land alteration permit;
and
3) A chain barrier sha11 be maintained across the entrance to
the parking area."
2. All other terms and conditions of the A�reement shall remain the same.
CITY OF ORONO
By � v-�'����n�C�' �
1 ayor J. iann Goetten j
And By i��:�' ? L/ �
City Clerk
STATE OF NfINVESOTA )
) � ss
COLNTY OF �-IENNEPN )
,. The fore�oin� instrument was acknor�vled�ed before me this �day of
���'�-,�f— , 1999, by Gabriel Jabbour and Linda S. Vee, the Mayor and City Clerk,
respectively of the City of Orono, a Minnesota municipal corporation, who e�ecuted this
Agreement and acl:no�vled�ed that they executed the same on behalf of the City of
Orono. _
.���.��'�A�LVSl.M�i/ti�v".; i �� . . .. \'�" ` �� � V�
a r.v�r..uv� --
5 ��'' �4��R�; �.�';' �,_;�(� � I�rotary Public
� '�""< �;o��,-n�us�ic•;,;ir-.::�so�:: �
� =fz,` WRIGHT CQL'PI7Y
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�`�,r� 'My Ccr•.misslcn Ezplr3s Jan.31,2000
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wv�w�.
STATE OF MI�I�INESOTA )
) ss
COLTNTY OF HENNEPLN )
The fore�oin� instrument was aclrnowled�ed before me this �day of
�1���,-- , 1999,by J. Diann Goetten, single.
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:; � CP.ROLE A HA.SEb1P.�1 � �Q,�,.,�, , �.
'�_,.�,�� NOTP.AY FU6UC-tiA!`;t'ESOT�
� ��'• ,.�: H��!r.=FiN ccor�TY , Notary Public
�, �\'�}' ti�7 CC��frdS�IC�CY.��Si�i''.?1,2���1 �"
rxzs�is�itn "�rr=wAs�i��D�Y:"�.�
Hinshaw&Culbertson
3100 Piper Jaffray Tower
222 South Ninth S�eet
Minneapolis,I�L�1 5�402
(612)333-3434
SPECIAL LOT COMBTi�1ATION
AGREEMENT
This indenture is made and entered into this��ay of �t�-� , �1 , by and
between Andrew J. Goetten and J. Diann Goetten, husband and wife, their heirs, successors and
assigns (hereinafter collectively referred to as °Grantor(s)") and the City of Orono, a municipal
corporation under the laws of the State of Minnesota, its successors and assi�ns (hereinafter
referred to as "Grantee").
WITNESSETH:
WHEREAS, Grantor(s) are lhe owner(s) of real property in the City of Orono,
County of Hennepir?, State of Miiinesota, leQally described as follows (and hereinafter
collectively referred to as the "properties"):
Lot 1, Block 1, Blue Hill
(hereinafter described as "Parcel A"); and
Outlot A, Blue Hill
(hereinafter described as "Parcel B"); and
WHER�:AS, Parcel A and Parcel B are physically separated from each other
which prevents ttleir beinQ combined into one legally described lot or parcel, and/or for the same
or other re��un the Hcnnepin County Assessor cannot combine Parcel A and Parcel B into one
parcel for tax purpcses; and
dVH�.REAS, notwithstanding the abo��e it is the intent of Grantor(s) and Grantee
that Parcel A and Parcel B are and shall henceforth be continued in common ownership by the
same person or persons, and further that Parcel A and Parcel B are intended to be used and/or
developed in common by Grantor(s) as if they were in fact one parcel instead of two.
NOW THEREFORE, for and in consideration of the sum of One Dollar (�1.00)
and other valuable consideration, Grantor(s) hereby covenant, grant, gift, quit claim and convey
to Grantee the right to restrict, and Grantor(s) hereby agree to restrict, limit and preclude the
o�vnership, use, improvement anci development of Parcel A and Parcel B according to and under
the conditions and cov�nants llerein cuntained, as follows:
1. Grantor(s) and Grantee aQree that Parcel A and Parcel B shall henceforth be contained
in common use and ownership even if recorded as separate lots or parcels, and that Parcel A and
Parcel B shall be considered a sinale parcel for purposes of ineetin� any acreage requirements
of ihe zoning district, and that Parcel A and Farcel B will not be used, conveyed, sold, leased
or otherwise encumbered except together as if they were a sinale parcel.
Page 1 of 4
2. Grantor(s) and Grantee agree that Parcel A shall be considered the primary parcel which
may be used or developed for any principal use as may be permitted in the zoning district,
subject to all performance standards and approvals required therefore.
3. Grantor(s) and Grantee agree that Parcel B shall be considered accessory to Parcel A,
and that Parcel B may be used or developed for accessory uses as may be permitted in the
zoning district and subject to all performance standards and approvals required therefore, and
that such accessory uses shall be allowed only when one of the following conditions is present:
a. Parcel A, Parcel B, and Lot 2, Block 1, Blue Hill are held in common ownership
and a sinJle principal residence exists on the commonly owned property; or
b. Parcels A and B are na lon�er held in commnn wit}� T �r �, R�ock ?, Biue Hi'_�
and a principal residence structure has been established on Parcel A.
4. Grantor(s) agree to restrict and 1'unit the use and/or unprovement of Parcel B as follows:
a. No structures may be constructed or located on Parcel B except the followin�:
1) One seasonal dock; location and number of slips allowed shall be per the
regulations of the LMCD.
2) One lock box no greater than 20 square feet in area and no greater than
48 inches in hei�ht..
3; Lakeshore access stairway/boat lift/boat landina subject to requirements
of Municipal Code Section 10.56 "Shoreland Management".
b. Parcel B shall not serve as an accessory parking area.
c. Parcel B is created for the exclusive use of the owners of Parcel A.
5. Grantee shall not issue any building permit, zoninQ variance or conditional use permit
for any structure or use on the properties inconsistent with the covenants contained herein.
F. (�r»n+v�\�� harP}�,+� �r,�,�� tn �r�nt?a trP ri�?-it tn Pntar�„rn,nn t}-�P a}�n��P �Pc�rt_�iP�l rr�nerr;es
for the purposes of inspection and enforcement of the covenants contained herein, and to cause
to be lawfully removed from these properties without any liability any structures, uses,
substances and natural or unnatural materials inconsistent with the covenants contained herein.
7. In addition to any other remedy Grantee may have, the covenants and restrictions
contained herein may be enforced by injunction. Grantor(s) who are in possession of these
properties shall pay to Grantee all costs and expenses including attorneys fees incurred by
Grantee in enforcinQ the terms of this indenture.
PaQe 2 of 4
8. The terms and conditions of this indenture may be modified, amended or extinguished
and thereafter Parcel A and Parcel B may be subdivided, sold separately or reduced in part only
upon application by Grantor(s) to Grantee for approval of a "Subdivision" in accordance with
the platting code of the City in effect at the time of such application.
9. Grantor(s) do not intend that the public should have any interest in the above properties
by virtue of this indenture or otherwise, except as hereinabove set forth.
All provisions hereof shall run with the land and shall extend to and bind the heirs,
successors, representatives, grantees or assigns of the respective parties hereto.
CITY OF ORJI`d0 (�RANTOR�S)
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By f' `z rv' x
Mayor
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�--y� � ./L�"GL-�-1�i./� �' -��-.'i'�
�ind � � J• � i'y
ity lerk � /
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STATE OF MINNESOTA )
) ss. (City AcknowledQment)
COUNTY OF HENNEPIN ) y
1he foregoing instrument w•as a�r:aow:ed�ed befo:e me his�l��f day of �1�r�� ��
,
19 93, bY C; �Ic�'��i�� �7 C��� l/u �a �� , J�� , and ���y �17. f��z�/,'� , Mayor
and Ciry Clerk, respectively, of the Ciry of Orono, a Ntinnesota municipal corporation, on behalf
of the municipal corporation.
-r��c'.� �.�/ % �
'��� LINDA S. VEE
Y y��4�{� NOTAr.Y PUBLIC - MINNESOTA NOTARY PUBLIC
;�'�`-^� H^;�!�iEPIN COUNTY
`�q�, ".' ;�r-.�sslon expires 8 12 96
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1 r"1i'11`�S��fl ��ti�'- _ .
�NN=F1R'COUt�Y?Ax� . -
Page 3 of 4 �
`�x� 4
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STATE OF MINNESOTA )
) ss. (Individual Acknowledgment)
COUNTY OF HENNEPIN )
On this J���' day of �, , 19�, before me, a Notary Public within and for said
County, personally appeared �1 w �u.;,��. -.;� "c�Ze:-ti � ,.Lt�..-� �r -�� -�—
known to me to be the person(s) descf�lbed in andJwho executed the foregoing instrum�nt, and
acknowledged that he (they) executed the same as his (their) free act and deed.
�'�� . ,�
�' JAMIE L.BOSMA �— �-yh-�-'-J,� �'�"�`j�`"��
� �3;¢�,�,: NOTARY PUBLIC-MINNESOTA NOTAR�Y PUBLIC
� \o_,?tt'�-,.' HENNEPINCOUNTY
�'j ,, My Comm.Expires 12-19-97
i_ '__'-_. . . _ , ._��_._.. �. ...��..
This document is being recorded for the benefit of the City of Orono per Minnesota Statutes
386.77.
State Deed Tax Due Hereon: Erempt �
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
473-7357
Pa�e 4 of 4
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kr�l�fER�li VUl ���
P,�c� / �j�
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OFFICE OF THE RECtS7R1lR
OF TITLE9
NE'fdNEPIN COUfVTY, MINNE90TR
CFRTIFIED FILED ON
�UG 2 3 199� ���� .
�Y�ae. L�,,,�,,, PEUoSTMR
r..�riTi66
f3Y '__.'__. _ .. l��^LITY
e-��� �J« < 5�,,.�G� S
P OPHAM H AIK
5 C H N O B R I C N & K A U F M A N, L T D.
(J,S. OFFICES' SUITE 3300 INTCHNwTIOMI.I O�FICES:
DENVER, COLOR�DO ZZZ SOUTFI NINTH STREET �Eip���,GEr+MAHY
TEL303-B93-1200 MINNEAPOLIS, N1INNESOTA SS4�2 TE�01149-3d1-49 1 84 2 9
M�AMI, FLORIOA TEL 61 2-333-4800 STU�TG�RT� GEAMANY
TE�303-530-0050 FAX 6 t 2-334-8888 TEL OI 169-71 I-22363
w�sNincror+, o.c.
TE�202-962-8700 � ,� — —
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CARRIE L BAZELLA
DIRECT D[AL(612)33d-2696 rSEP. i g 1994
September 15, 1994
r----— _ -
�
Dorothy Hallin ' � --
City of Orono � '�`�"—�–
;
P.O. Box 66
Crystal Bay, MN 55323
Dear Ms. Hallin:
Enclosed please find the following documents filed in Hennepin County:
1. Resolution No. 3419 (file no. 1851), recorded as 6323617 on 8/9/94.
2. Resolution No. 3316 (file no. 1841), recorded as 6330479 on 8/24/94.
3. Resolution No. 3440 (file no. 1931), recorded as 6329632 on 8/23/94.
4. Resolution No. 3453 (file no. 1943), recorded as 6328633 on 8/23/94.
5. Easement (Burlington Northern Railroad Company), recorded as 6330477 on
8/24/94.
� 6. Special Lot�ombination Agreement (Goetten), recorded as 2544380 on
8/23/94.
7. Resolution No. 3432 (file no. 1925), recorded as 6326970 on 8/17/94.
8. Resolution No. 3411 (file no. 1910), recorded as 6326882 on
8/17/94..
9. Resolution No. 3433 (file no. 1932), recorded as 6326883 on 8/17/94.
10. Resolution No. 3445 (file no. 1939), recorded as 6326884 on 8/17/94
11. Resolution IVo. 3430 (file no. 1919), recorded as 6326886 on 8/17/94.
327/14071260 9/15r94
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Street Address: Mailing Address:
�`9It'EgKp4!'�' 2150 Kelley Parkway P.O. Box 66
'_-____ " Orono, MN 55356 Crystal Bay, MN 55323-0066
April 5, 2006
Pat McNaughton
236 Girard Avenue North
Minneapolis, MN 55405
Re: Process for Variance/Lot Line Rearrangement Application
Dear Mr. McNaughton:
Your proposal to disconnect Outlot A and Lot 1, Block 1, Blue Hill and combine Outlot
A with Lot 1, Block 2, Dragonfly Hill, will require the following application process:
l. Apply for a Class I Subdivision.
2. Apply for lot area variances for Lot l, Block l, Blue Hill as a separate lot, and for
the combination of Outlot A and Lot 1, Block 2, Dragonfly Hill as a separate lot.
The intended result of these applications is anticipated as fallo���s:
a) Subdivision approval will allow the Special Lot Combination between Outlot A
and Lot l, Block l, Dragonfly Hill to be extinguished. It will also allow the
separation of Outlot A from Blue Hill and the combination of Outlot A with
Dragonfly Hill to occur. Lot 1, Block 1, Blue hill will no longer have lake access
rights.
b) Lot area variances from the 2.0 acre requirement for each of the two resulting lots
will be granted - Lot 1, Block l, Blue Hill will be approximately 1.84 acres; the
combination of Outlot A and Lot 1, Block 2, Dragonfly Hill will be
approximately 1.07 acres.
c) Driveway access to the new lake lot will be established, presumably where Outlot
A abuts Orono Lane. The address for the new lake lot will likely change to Orono
Lane. '
d) It would be prudent to establish the minimum amount of driveway needed in the
250-�00' hardcover zone to make the Orono Lane access work, and if a variance
to the 30% limit is necessary, grant that during this application process.
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
. �.
Pat McNaughton
Apri15,2006
Page 2
e) With regards to the 25% hardcover limit in the 75-250' zone, it would be prudent
to show a proposed house location in order to establish the actual buildability of
the new lakeshore lot, given the constraints of lot area, lake setbacks, street
setbacks, etc. that result in a somewhat oddly-shaped buildable envelope. If the
potential conforming house locations and required access location result in the
need for driveway hardcover that eats up an inordinate portion of the 75-250'
hardcover allotment, that might be a basis for a 75-250' hardcover variance.
However, I would not expect the Council to formally grant such a variance unless
you or a buyer have a detailed proposed house design and site plan for them to
review. It seems more likely that, if a hardcover variance is potentially warranted,
that you would gain an acknowledgement by the Council that a hardship exists
that might warrant some level of hardcover variance if requested by a future
buyer.
� Average setback is normally defined by a line between the adjacent lakeshore
homes on either side. Because there is an adjacent home on only one side, the
normal standard would be that your home can be no closer to the lake than the
home on the one side. To place a house on the new lot closer to the lake than that
neighboring home would require an average setback variance. The key
determinant for such a variance is whether that neighbor's views of the lake are
blocked by your house location. It would seem that due to the curvature of the
shore, you could place a house closer to the lake and have no blockage of the
easterly neighbor's lake views.
Based on the above discussions, the following is a brief summary of the submittals that
would be required for this application (I believe you have the appropriate application
packages):
l. A single Certificate of Survey showing Lot l, Block 1 and Outlot A of Blue hill
and Lot 1, Block 2, Dragonfly Hill. The survey should include topography; the
required building setbacks; the 75' and 250' lake setback lines; confirmation of
the lot area of each parcel; proposed driveway access location; and both the
`existing' and `proposed' legal descriptions.
2. A completed subdivision application form with property owners list (350'), plat
map and labels obtained from Hennepin County.
3. Completed variance application form and hardship statement describing the need
and the basis for the lot area variance request for each of the two resulting lots.
4. Narrative describing the potential need and reasons for average setback variance,
75-250' hardcover variance, and 250-500' hardcover variance. A site plan with a
conceptual house plan, showing sidewalks, decks, driveways, etc. would be usefiil
to illustrate the variance situation.
. . ��.
Pat McNaughton
April 5,2006
Page 3
5. Because this is a joint application of two owners, both you and Mr. Hamm must
sign the applications.
6. There is a $600 fee for the subdivision application. Because the variances are a
separate issue, an additional $600 variance application fee will also be due, but
we will include both lots in that application.
7. You should also provide a written access location approval from Hennepin
County with regards to the Orono Lane access, because it is so close to County
Road 15. Contact Dave Zetterstrom at 763-745-7643.
Application deadline for the May 15 Planning Commission meeting is Wednesday, April
19 at noon. If you can't put this all together by then, the deadline for the June Planning
Commission meeting is May 17.
Please feel free to call (952-249-4600) if you have any questions.
Sincerely,
��:
��
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J
Michael P. Gaffron
Planning Director
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� `�`��� �`��G�' Street Address: Mailing Address:
�'����$'EgHO�'i� 2750 Keliey Parkway P.O. Box 66
-_ = Orono, MN 55356 Crystal Bay, MN 55323-0066
August 7, 2007
Patrick McNaughton
10700 Highway 55, Suite 260
Plymouth, MN 55441
RE: PID 02-117-23-34-0019
1391 Fox Street
Dear Mr. McNaughton:
Per your request, the above noted property currently offers:
• City sewer
• Private well
• Utilities provided by Xcel Energy
If you should require additional information, please advise.
Respectfully,
� ,
i �,
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Chrfistine M. Mattson
Administrative Assistant/ Planning
cc Street File
W:\Street Files\Chevy Chase Drive\128\Utility itr.doc
Telephone(952)249-4600 • Fax (952)249-4616
www.ci.orono.mn.us
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