HomeMy WebLinkAbout5.b. Rosemount Village Square Development Agreement h
i CITY OF ROSEMOUNT
EXTCIITIVE SDN�1'A�RY FOR ACTION
CITY COUNCIL MEETING DATE: MAY 3, 1994
AGENDA IT�I: ROSEMOUNT VILLAGE SQUAR.E AGENDA SFCTION:
DEVELOPMENT AGREEMENT OLD BUSINESS
PREPARED BY: THOMAS D. BURT, AGENDA N��� �
CITY ADMIIVISTR.ATOR
ATTACHMENTS: DEVELOPMENT AGREEMENT, APPROVED BY:
RESOLUTION
Staff has negotiated with Carlsons Properties of Rosemount in regard to the
Rosemount Village Square development. Both parties are in agreement with
the attached Planned Unit Development Agreement for Rosemount Village
Square.
City Council had tabled action on these items at their last meeting pending
resolution of outstanding issues.
RECOb�lENDED ACTION: MOTION to adopt the Resolution for Rosemount Village
Square approving the Final Plat and authorizing the execution of the
Subdivision - Planned Unit Development Agreement for Rosemount Village
square. o�,QSo -�ro w. 6 �`�� �nn �-�" •
COUNCIL ACTION: a'�'�'��•4��
�
Revised 4/19/94
Subdivision and Planned Unit Development Agreement
ROSEMOUNr VILLAGE SQUARE
For Lots 1, 2, 3, 4 and 5, Block 1.
Tm[s AGxEEMErrr daxed da.y of , 1994, by
and between the CITY OF RoSEMOUNT, a Minnesota municipal corporation, ("City"), and
CARLSON PROPERTIES OF ROSEMOUNT, Box 69, Rosemount, Minnesota 55068, (the
"Developer").
1. Request for Plat Ap rn oval. The Developer has asked the City to approve a replat of land
and a commercial planned unit development to be known as RosElviourrr V�LAGE SQu�
(also referred to in this agreement as the "plat"). The land is legally described as follows:
Lots 1, 2, 3, 4, and 5, Block 1, Ros�iou�' V�LAGE SQu�, according to the
recorded plat thereof, Dakota County, Minnesota..
The Developer intends to replat the part of Block 1, SOUTH ROSE PARK ADDITION REPLAT
described as follows:
Lot 1, Block l, SOUTH ROSE PARK ADDITION REPLAT, according to the recorded plat
thereof, Dakota County, Minnesota, Except the West 225.00 feet thereof, as measured at
right angles to and parallel with the west line of said lot 1.
Together with a 30 foot wide non-exclusive driveway ea.sement being 15.OQ feet on each
side of the following described centerline:
Beginning at a point on the west line of said Lot 1, distant 208.33 feet Southerly of the
northwest corner of said Lot l; thence Easterly at right angles to said west line, a
distance of 225.00 feet and there terminating.
- �m -
Lot 3, Block 1, SOUTH ROSE PARK ZND ADDITION, according to the recorded plax
thereof, Dakota County, Minnesota.
- Arm -
(COMMON DRIVEWAY)
The North 60.00 feet of Lot 4, Block 1, SOUTH ROSE PARK 2ND ADDITION, as measured
at right a.ngle to and parallel with the north line of said Lot 4.
The five lots in RosElvtourrr Vu.LAGE SQuaxE will be comprised of the above referenced
parcels from SOUTH ROSE PARK ADDITION REPLAT and SOUTH ROSE PARK 2ND ADDTTION.
Lot l, Block 1, RosEMourrr VII.LA�E 5Qu� may be further subdivided in the future in
conformance with the City of Rosemount Subdivision Ordinance.
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,
The RosFavtourrr VII.i,AGE SQU� Commercial Planned Unit Development has been
granted variances to the following Zoning Ordinance standards:
1. lot coverage average of RosEMourrr VII.LAGE SQu� established at 80% hard
surface area;
2. the pylon sign includes a significant aesthetic feature in the form of a clock in
................................................................
return for sign area of �:::��;::>�:;"p`�;:�e�a��o�;
3. the front yard surface parking setback�wiIl�be reduced to fifteen (1S� feet;
........
4. lot width �a�::;i��:<:��a: variance for Lot 2, Block 1, ROSEMOUNT VILLAGE SQUARE;
and .:..................:
5. the side lot surface parking setback between Lots 1 and 4, Block 1, ROSEMOUNT
VII..LAGE SQU� have been reduced to two (2) feet.
2. S�ecific Conditions of Approval. 1'he City, through this Agreement, approves the Plat
upon the following specific conditions:
A. Easements for access, drainage, and utilities, as required by the city engineer,
including easements for ingress and egress over Lot 1, Block 1, Rosemount Village
Square to the parcels occupied by Patrick and Zelda Fahey (Dairy Queen), Pizza
Huts of the Northwest, and Richfield Bank and Trust Co. (McDonald's), and
Lyndale Terminal Co. (Iioliday Stationstore). 1'he utility easement that traverses
Lot 1, Block 1 must also be recorded with the plat, including the northern twenty
(20) feet of the parcel owned by Patrick and Zelda Fahey. The parcel labelled
Outlot B shall not be subdivided from Lot 1, Block 1. Furthermore, Outlot A shall
be combined with Lot 4, Block 1, with cross-access easements fot� the adjacent lots.
B. The City will not be responsible to pay for any portion of future right-of-way or
_._ . ____. . _ _
�.:.;:.;:.; ...
easement acquisition costs required by the County or ��ti��;::I����:�::::��
:.........................:..::::::. :::;::::::::::::::::::::.;:..............::::...::.....:::.:;
'��po�a��i�� due to future improvements along CSA�i 42 to the Developer, it's
:.:::::::::::::..:::..........:.......:.
successors, assigns, or tenants.
C. T6e Developer and the City both recognize that the safety of traf�c and pedestrians
on Chippendale Avenue is a concern. A median e�rtending from CSAH 42 to 151st
Street West may have to be constructed at such time as traffic volumes warrant. If
such a median proves necessary, so long as a right in and right out at the west
service drive on Chippendale Avenue is maintained, the City will not be held
responsible for claims of "takings" or "damages" for this median from owners or
tenents of ROSEMOUNT VII�LAGE SQUARE, Lots 1, 2, 3, Block 1.
D. The Developer agrees to assume responsibility for all costs to design and construct,
right and left turn lanes directly into the proposed development, off of CSAH 42 and
151st Street West.
E. No additional public or private streets or driveways for access are to be constructed
_ _ .. .__
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on Lot 1, Block 1. �3`p::�:��:��1 be allowed to Lot 5, Block 1 �i�ri either Canada
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Avenue or 151st Street West �:i��k� site lan review a �°''��a��l:>�€a�'::�eri::�bt,�tut��:::fr4ui
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the Planning Commission. .......................................................................
F. Developer shall provide the sum of $11,500. as a park dedication fee for the plat of
ROSEMOUNT VILLAGE SQUARE.
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construction costs ��':�:1�>:�rn[:�,������:.:�;:: ��T��;::v�r��€�t� r uired in connection with
..........:....::::<:�:::::::;:::::,:::::.�.:::::::._:::P.::::::.:::.::::::::::.;:.::::�::::::.:;:::::::::::: �
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the plat.
H. The Developer is responsible for disclosure and must provide a copy of this development
agreement to all purchasers of lots or buildings witlun the Planned Unit Development.
I. All grading and utilities plans and specifications must be approved by the City Engineer.
J. Five foot wide sidewalks must be installed along the north side of 151st Street extending
from Canada to Chippendale Avenues.
K. The Developer is responsible for restoration or relocation, as necessary, of the eight (8)
foot wide bituminous trail on the south side of CSAH 42.
L. The western freestanding retail use building must receive Site Plan Review from the
Planning Commission prior to issuance of building permits if there will be any deviation
from design and materials used on the approved grocery anchor and attached retail
structures.
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M. ,,;:...:;::>:::.:Q::c�s��d::d���l:��:.:::.�;n�:::��::��:::�:::��::�'>:::$�Q��::::1: must receive Site Plan Review
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Approval from the Planning Commission prior to the issuance of building permits.
N. A security deposit in the amount of $30,500 in the form of a letter of credit or
performance bond for landscaping will be required until required work is completed.
O. All construction and site improvements shall conform with applicable building and fire
codes.
P. A sign plan.must be provided by the developer and reviewed and accepted by Planning
staff to ensure consistency with regard to location, size, and type for all wall signs on
buildings on Lot 1, Block 1, ROSEMOUNT VILLAGE SQUARE in Conformance with SeCtion
10. Sign Ordinance of Ordinance B - City of Rosemount Zoning Ordinance. �ll:::`s�gi��
;:.:;.:;;:...;:.;:.;�.;:.;:.;..::.;:.::.;:.;.::.;...:::;:... ..;.;:.::.;;:.:::.;:.;::.;:.;;;:.;::.;:.;:.;:.::.>;::,;:.;:.;:.;:.;:.;;:.;:.::;:..;:.;::...:;.;:.;;:.;;:.::::.....;;:.;:.;:.;:;.>:.::.;:.;:.;:.:;::.;..>....;;:.;::.;:.;....;::::.,«.;.;:.;:.;:.;:.:<;:.;:.;:.;:.;:.::....:...
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3. General Conditions of Plat Approval. In addition to the special requirements set forth in
paragraph 2 above, Developer and, as applicable, the City agree to the following terms and
conditions:
A. For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, Zoning Ordinance or official control, shall apply to or affect the
use, development, or dedications of the approved Plat, unless required by state or federal
law or agreed to in writing by the City and the Developer or specified above in paragraph
three (3). Thereafter, notwithstanding anything in this Agreement to the contrary, to the
full extent permitted by sta.te law, the City may require compliance with any amendments
to the City's Comprehensive Guide Plan, official controls, platting, or dedieation
requirements enacted after the date of this Agreement.
B. The Developer shall install or cause to be installed and pay for the following:
l. Sanitary Sewer;
2. Water;
3. Storm Sewer;
4. Private Streets;
5. Concrete Curb and Gutter;
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6. Boulevard Sod;
7. Street Lights;
8. Sidewalks and Trails;
9. Street Signs;
10. Setting of Lot and Block Monuments;
11. Surveying and Staking of Work to be Performed by the Developer; and
12. Gas, Electric, and Telephone Lines.
The City shall reunburse the Developer for core facilities that the Developer installs at
the difference between core and lateral cross as determined by the City Public Works
Director and approved by the Utility Commission. The improvements shall be installed
in accordance with City standards, ordinances, and plans and specifications, prepared by
a competent, registered professional engineer, furnished to the City and approued by the
City Public Works Director. The Developer shall obtain all necessary permits from the
Metropolitan Waste Control Commission and other agencies before proceeding with
construction. The Developer shall instruct its engineer to provide adequate field
inspection personnel to insure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work meets the
approved City standards as a condition of City acceptance. In addition, the City will
monitor the Developer's inspector regarding the construction work necessary to insure
compliance with City standards. The Developer or its engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the City Council chambers with
all the parties concerned, including City staff, to review the program for the construction
work. Within thirty (30) days after the completion of the improvement, the Developer
shall supply the City with a complete set of reproducible "Record Plan" drawings. The
Developer or Assigns shall warranty the Developer installed utilities against poor
materials and faulty workmanship for a period of two (2) years from the date of written
acceptance by the City. Upon certified compliance with City engineering and utility
standards, the City will issue written notice of acceptance of developer installed utilities.
C. The developer hereby grants the City, its agents, employees, officers, and contractors a
license to enter the Plat to perforrn all work and inspections deemed appropriate by the
City during the installation of improvements. This license shall expire after the Flat has
been fully developed.
D. Prior to site grading, and before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented, inspected,
and approved by the City. All areas disturbed by the excavation and backfilling
operations of the Development shall be reseeded forthwith after the completion of the
work in that area. Except as otherwise provided in the erosion control plan, seed shall
be rye gra.ss or other fast-growing seeds suitable to the e�cisting soil to provide a
temporary ground cover as rapidly as possible. All seeded azeas shall be mulched and
disc-anchored, as necessary for seed retention. The parties recognize that time is of the
essence in controlling erosion. If the Plat development does not comply with the erosion
control plan and schedule or supplementary instructions received from the City, the City
may take such action as it deems appropriate to control erosion. The City will endeavor
to notify the Developer in advance of any proposed action, but failure of the City to do
so will not affect the Developer's or City's rights or obligations hereunder. If the
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Developer does not reimburse the City for any cost the City has incurred for such work
within thirty (30) da.ys of written notice, the City may cause the development activities to
cease and issue no further building permits until Developer's obligation is met.
E. The Developer shall clean dirt and debris from streets that have resulted from
construction work by the Developer, its agents or assigns, within 24 hours after notice
by the City.
F. The Developer shall be responsible for the following development-related costs:
1. Fxcept as otherwise specified herein, the Developer shall pay all costs incurred by it or
the City in conjunction with the development of the Plat including, but not limited to,
Soil and Water Conservation District charges, legal, planning, engineering, and
inspection expenses incurred in connection with approval and acceptance of the Plat,
the preparation of this Agreement and all costs and expenses incurred by the City in
monitoring the inspecting development of the Plat.
2. The Developer shall hold the City and its officers and employees harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from
Plat approval and development. The Developer shall indemnify the City and its
officers and employees for all costs, damages or expenses which the City may pay or
incur in consequence of such claims, including attorney's fees.
3. The Developer shall reimburse the City for any and all costs incurred in the
enforcement of this Agreement, including engineering and attorney's fees within thirty
(30) days after written notice of default and opportunity to cure.
4. The Developer shall pay or cause to be paid when due, and in any event before any
penalty is attached, all special assessments referred to in this Agreement.
5. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Agreement within thirty (30) da.ys after receipt. If the bills are not
paid on time, the City may halt Plat development work and construction including, but
not limited to, the issuance of building permits for lots which the Developer may or
may not have sold, until the bills are paid in full.
b. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as, but not limited to, sewer availability
charges ("S.A.C."), City water connection charges, City sewer connection charges,
Ciry storm water connection charges, and building permit fees.
7. The Developer shall pay all energy costs for street lights installed within the
Rosemount Village Square development.
G. No Certificates of Occupancy for the development shall be issued until;
1. all public utilities are tested, approved by the City Engineer, and in service; and
2. the Developer, in executing this Agreement, assumes all liability and costs for damage
or delays, incurred by the City, in the construction of public improvements, caused by
the Developer, its employees, contractors, subcontractors, materialmen, or agents.
4. Administrative Provisions.
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A. The Developer represents to the City that to the best of its knowledge, the Plat complies
with all City, county, metropolitan, sta.te and federallaws and regulations, zoning
ordinances, and environmental regulations. If the City determines that the Plat does not
comply, the City may, at its option, refuse to allow construction or development work in
the Plat until the Developer does comply. Upon the City's demand, the Developer shall
cease work until there is Compliance.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of
building permits, including lots sold to third parties.
C. If any portion, section, subsection, sentence, clause, para.graph or phrase of this
Agreement is far any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Agreement.
D. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public unprovements and da.mage to public unprovements caused by the
City, Developer, its contractors, subcontra.ctors, materialmen, ernployees, agents, or
third parties.
E. The action or inaction of the City shall not constitute a waiver or amendment ta the
provisions of this Agreement. To be binding, amendments or waivers shall be in
writing, signed by the parties and approved by written resolution of the City Council.
The City's failure to promptly take legal action to enforce this Agreement shall not be a
waiver or release.
F. The�Developer represents to the City to the best of its knowledge that the Plat is not of
"metropolitan signif'icance" and that an environmental impact statement is not required.
If the City or another governmental agency determines that such a review is needed,
however, the Developer shall prepare it in compliance with legal requirements so issued
from the agency. The Developer shall reimburse the City for all expenses, including
staff time and attorney's fees, that the City incurs in assisting in the preparation of the
review.
G. This Agreement shall run with the land and 5��: be recorded ��::��:::������� against
the title to the property. After the Developer has completed the work required of it
under this Agreement, at the Developer's request, the City will execute and deliver to
the Developer a release.
H. Each right, power, or remedy herein conferred upon the City is cumulative and in
addition to every other right, power, or remedy, express or implied, now or hereafter
arising, available to the City, at law or in equity, or under any other Agreement, and
each and every right, power, and remedy herein set forth or otherwise so existing may
be exercised from time to time as often and in such order as may be deemed expedient
by the City and shall not be a waiver of the right to exercise at any time thereafter any
other right, power, or remedy.
I. The Developer may not assign this Agreement without the written permission of the City
............. . -.. .. .....
Council :<.;;:<.>:...;::-;_'�':>::>;;><:>,;;; ;<.°<,:<_:,.:>,>»>:;<»:;,:>:>:;:::><.;::::<>::>::>:::>:>:_.. ,:..:>::..:::::::::»>:>::>:>:>::::;:,:;.::;.,,;:.<>::> .;<: ,>�;,,<.::..:; ..;<:.,>:.,;:<;.::.:>><,;«:,::;: •::::::<'_:
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J. Required notices to the Developer shall be in writing, and shall be either hand-delivered
to the Developer, its employees ar agents, or mailed to the Developer by registered mail
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.
at the following address: Carlson Properkies of Rosemount, Box 69, Rosemount,
Minnesota 55068. Notices to the City shall be in writing and shall be either hand
delivered to the City Administrator or mailed to the City by registered mail in caze of
the City Administrator at the following address: Rosemount City Hall, 2875 145th
Street West, Rosemount, MN 55068, Attn: City Administrator.
K. Any amendments to this Agreement shall be in writing and executed by both parties.
L. This Agreement shall be governed by the laws of the State of 1Vlinnesota..
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
CITY OF ROSEMOUNT
By:
E.B. McMenamy, Mayor
By:
Susan M. Walsh, City Clerk
CARLSON PROPERTIES OF ROSEMOUNT
By:
Its
By:
Its
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,
State of Minnesota )
) ss
County of Dakota )
The foregoing instrument was acknowledged before me this day
of , 1994 by E.B. McMenomy, Mayor, and Susan M. Walsh, City
Clerk, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the
corpora.tion and pursuant to the authority granted by its City Council.
Notary Public
State of Minnesota ) '
) SS
County of Dakota )
The foregoing instrument was acknowledged before me this day
of , 1994 by , President, and
, , Carlson
Properties of Rosemount, a Minnesota. Corporation, on behalf of the partnership.
Notary Public
Drafted By:
Mike Miles
Fluegel, Moynihan & Miles, P.A.
I303 South Frontage Road
Hastings, MN SS033
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1
1
1
WHEREAS, the Carlson Properties of Rosemount, developer, has
submitted a final plat for the Rosemount Market Square, formerly
reviewed and approved as the Rosemount Village Square; and
WHEREAS, on March 15, 1994 the City Council of the City of
Rosemount held a public hearing and approved the Rosemount Village
Square Commercial Planned Unit Development and preliminary plat;
and
WHEREAS, the Planning Commission of the City of Rosemount reviewed
the final plat for Rosemount Market Square and recommended
approval.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City
of Rosemount, Minnesota approves the Rosemount Market Square final
plat subject to an executed Rosemount Market Square Development
Agreement.
ADOPTED this 3rd day of May, 1994.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1994 -53
A RESOLUTION GIVING APPROVAL TO THE
ROSEMOUNT MARKET SQUARE FINAL PLAT
.1 )6.
E.B. McMenomy, Mayor
Y,
Motion by: McMenomy Seconded by: Anderson
Voted in favor: McMenomy, Staats, Anderson
Voted against: Wippermann, Busho
RsmtMktSq.FnL
May 3, 1994
i� i
Y. -..';..� ,".� . .
3l;u';�p��t���g„ � .
C1TY OF ROSEMOUNT Z8�5-`;TMt"AeetW�t
P.O.Box 510
Ever thin s Comin U R05E'CYIOUil1'�� Rosemount,MN
y g� g p 55068-0510
Phone:61 Z-423-4411
Fax:6}2-423-5203
To: Tom Burt, City Administrator
From: Bud Osmundson, P.E.
City Engineer, Rosemount
Re: City Storm Sewer Availability Charge (STAC)
For the Proposed Rosernount Village Square
The City STAC charge for commercial developments is 56,640 per
acre as set forth by City Ordinance for 1994.
We are assuming a STAC fee was paid for Lot 4 when Chippendale
Center was constructed. We will also assume that Lots 2, 3, and 5
will pay the STAC fee when developed. Therefore, the STAC fees
calculated for Lot 1, block 1 based on the attached survey will be as
follows:
Lot 1 6.667 acres X 56640/acre = $44,268.88
Outlet B 0.4345 acres X 56640/acre = $2,885.08
Total 547,153.96
This total of 547,153.96 includes what is referred to as "Outlot B",
the driveway into the site off of Canada Avenue, due to Staff's
contention that "Outtot B" should be a part of Lot 1 , Block 1 .
As directed, we have calculated one half the computed STAC charge
above. This amount is 523,576.98.
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�Oi ARfA TAMlLATtOM
Totti Pt�t Area • �62.195 S9. Ft.(10.6tOS�eres) ` ^n S f/� O _ J / �� // �/' // �
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O�diuted R/Y({.S.A.H.M2) 6,616 Sa. Ft. (0.152�en )
lot 1 • t90.�08 Sq. Ft.(6.667�cns)�""—' O�T'L O T �
lot 2 • 15,999 5a. Ft.(0.361 un )
lot 7 • �9.898 Sq. ft.(0.9159�cn)
Lot 4 , • �7.17t Sa. Ft.(1.082 uns)
lot S • �9,838 Sq. ft.(0.9116 urt)
Outlot A • �.775 Sq. Ft.(0.071�v��
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