HomeMy WebLinkAboutPermit L97-0012 - YMERI HELHAM AND NATASHA - BOUNDARY LINE ADJUSTMENTL97 -0012
YMERI BOUNDARY LINE ADJUSTMENT
13103 42nd Ave. So.
BLA
City of Tukwila
John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
May 6, 1997
Sheldon Hay
Testware
29620 235th Avenue SE
Kent, WA 98042
RE: r BL "A .797200122
Dear Mr. Hay,
I have not received the application for a short subdivision that I notified you would be
required in my letter of February 28, 1997. If you are no longer pursuing the application
I would appreciate receiving a letter requesting a withdrawal. If the City does not receive
the short subdivision application by May 29, 90 days from the date of the notification
letter, your boundary line adjustment application will expire and we will not be able to
transfer the fee to the new application.
If you have any additional questions or comments, please call me at 433 -7141.
Sincere
y,
i�ti
Nora Gierloff
Assistant Planner
cc: Jack Pace, Senior Planner
Enclosure: TMC 18.104.070
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6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665
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09 :38 .FROr -'PA CITY ATTORNEY TO 467198- 2064313665
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MEMORANDUM
DATE: • April 14, 1992
TO: Ken Ridout,: Deputy Director of Public. Works•
YRQ(: Craig Knutson, City Attorney
RE Final Boundary' Line Adjustment
BOE . - 16th and E Streets
P mz
P. 02
This is in 'response to your April 2, 1992 request for my advice as to
whether the Public Works Director should sign the mylar for .the above
referenced boundary line adjustment. Your April 1, 1992 memo to Jack
Pittis, Director. of Public Works, refers to two potential' problems
with the proposed, boundary line adjustment. One problem has to do with
whether or not the, survey is accurate, given .the surveyor's
unexplained change in measurements between the preliminary and final
'plans. The other problem has to do with whether or not the proposal
may be validly considered a boundary line adjustment,-given the
reconfiguration* of the two lots from north /south to east /west.
With regard to the accuracy of .the survey, I cannot determine why the
change occurred.. From. my. review of Chapter 58.24 RCW and Chapter 332-
130 WAC, I cannot find any basis for questioning the legality of a
survey simply because the final plan is significantly changed from the
preliminary plan. You' may want to ask the .surveyor himself for an
explanation as to the reason .for the change. (I would point out that
I did notice one minor discrepancy in the final plan, which is that
Stevens Middle School is incorrectly named Stevens High School.)
With regard to the reconfiguration of the lots being'a valid boundary
line ' adjustment, I. have reviewed the 1986 Attorney General Opinion.
(AGO 1986 No. 6)..as well as the case law and have determined that this
-is not a valid boundary line adjustment. In R/L Associates v. 11.ockars
52 Wa.App.. 726, 763 P.2d 1244.(1988)., the Washington State. Court of
Appeals upheld the' determination by the City of Seattle not to accept
as 'a boundary line .adjustment a reconfiguration of lots in the same
factual. circumstances. The Court of Appeals held that. the City of
Seattle was .correct in. rejecting the proposed boundary line
adjustment, because a new building site would be created. This is the.
same as.in the Boe situation where the. two.lots presently constitute
a single building site with an existing house straddling the lot. line.
gince the Zoning Code requires each single family residence to have
its own individual lot, the only way that a new house could be built
on the property. would be to reconfigure. the two lots from a
north /south to an east /west direction. This would result. in a building
site being created where none presently exists, which would in turn
5— '09:39 FROM '"< CITY ATTORNEY
•
TO . • L R198-2064313665 P.03
AIL
violate'..the. requirement' that' a bounds `' ..:`•:_;a
additional; "lot, tzact boundary .line adjusttent not create an
parcel, site or division.0 RpW 58.17.040(q.;
'PAMC 16.12.O3 0 ; (emphasis added)'.
Craig utson, City. Attorney
CDK:bw ."
cc: Brad . Collins, •Planning . Director
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City of Tukwila
TO:
FROM:
RE:
DATE: March 10, 1997
6200 Southcenter Boulevard • Tukwila, Washington 98188`'''" John ,W Rants, Mayor
MEMORANDUM
Jack Pace, Senior Planner
Bob Noe, City Attorney
R
.f .t 1997
lii i i T
Ymeri Boundary Line Adjustment L97 -0012
I have reviewed the attached application and concur with Nora's
determination. The R/L Associates v. Klockars Court of Appeals
case, 52 Wn.App. 726 (1988), review denied by the Supreme Court, is
on point.
In that case (a copy of which is attached) R/L Associates ( "R /L ")
owned two adjacent lots in a single family zone. The platted lot
line separating the two lots ran east -west. A single family
residence occupying the'eastern portion of the lot straddled the
lot line. R/L sought to adjust the lot line so that it would run
north -south thereby placing the existing residence on its own
separate lot and establishing a second lot for another single -
family residence.
The City of Seattle concluded that the location of the residence
over the lot line effectively "merged the two platted lots into a
single building site." A lot line adjustment would create a second
building site. The Court of Appeals agreed that not only would the
line adjustment create a new "site," it would also create a new
"lot." This is a critical point, because Tukwila's code is less
inclusive than the City of Seattle's code provision. Seattle's
code provided in 1988 that the director shall approve an
application for lot boundary adjustment where no additional "lot,
tract, parcel, site or division will be created by the proposed
adjustment." Tukwila's subdivision and plats code provides:
The provisions of this code do not apply to:
(4) Boundary line adjustments where no new lot is
created thereby and where no new lot is reduced in size
below the minimum square footage requirements required by
the applicable zoning control; ... [TMC 17.04.070(4).]
In the present case, the facts are analogous. Nora properly
determined that a new buildable lot would result, thereby making
TMC 17 applicable.
Perhaps some thought should be given to amending TMC 17.04.070(4),
enacted in 1977, to make it more inclusive to cover the creation of
sites, tracts, parcels, etc.
Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833
•r!S�;?
'
MEMORANDUM
TO: Bob Noe, City Attorney
FROM: Jack Pace, Senior Planner
RE: Ymeri Boundary Line Adjustment L97-0012
DATE: March 6, 1997
•
DCD took in an application for a boundary line adjustment on two lots owned by Mr. and
Mrs. Ymeri. The project was assigned to Nora Gierloff, who determined that because the
existing house had been built across the property line between the two lots a short plat,
not boundary line adjustment, was required. She sent the attached letter dated 2/28/97 to
the contact person, Mr. Hay. He came in to the DCD office on 3/5/97 and expressed his
concern over Ms. Gierloff s interpretation and the applicability of Klockars to the Ymeri
situation.
Please review the attached application and let me know if you agree with DCD's position
in this matter. We would appreciate a short memo to give staff some guidance in this
type of situation.
• ••
• '064irtA.:1 ACIPA.''.di%44,7,AlirhWA:Q.iittitAi4;10._kitdi".kNintitIttt"2;144..1.11- .4.4'101,CAAAW
City of Tukwila John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
February 28, 1997
Sheldon Hay
Testware
29620 235th Avenue SE
Kent, WA 98042
RE: r► e"iigt A' 497 09 2Q
Dear Mr. Hay,
The reconfiguration of Mr. Ymeri's lots at 13103 42nd Avenue South in Tukwila cannot
be accomplished as a boundary line adjustment. The survey drawing prepared by your
company shows that the existing house has been built across the property line between
lots 8 and 9. This intrusion has created a situation where lot 8 is no longer a valid
building site in Tukwila's LDR zone which only allows one dwelling per lot. This
circumstance has been ruled on by the Washington State Court of Appeals when it upheld
the determination by the City of Seattle not to accept as a boundary line adjustment a
similar reconfiguration of lots in R/L Associates v. Klockars 52 Wa. App. 726, 763 P. 2d
1244 (1988).
The remedy for this situation is to cancel your application for a boundary line adjustment
and apply for a short subdivision. I have enclosed an application. The City will transfer
your fee so there will be no additional charge. If you have any additional questions or
comments, please call me at 433 -7141.
Sincerely,
%
ora Gierloff
Assistant Planner
cc: Jack Pace, Senior Planner
Enclosure: Short Plat Application Packet
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665
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ITESTWARE
RE-OF: E 'k
FEB 2 0 1997
29620 - 235th Ave SE, Kent Washington 98042 Tel:(206)432 -8511 Fax: 432- 3016.)MMs I Y
DEVELOPMENT
City of Tukwila
Department of Community Development
6300 Southcenter Blvd
Tukwila WA 98188
Dear Sirs,
Feb 18, 1997
Enclosed find the application for Boundary Line Adjustment for Mr. Helham Ymeri
along with the $200 fee.
These lots were formed by the Riverton Replat of Lots 55, 56 and 57 of Riverside
Interurban Tracts. The Riverton Replat, although technically unrecorded, is recognized
in King County as creating legal separate lots since it predates the subdivision and
recording requirements.
Please find attached portions of King County Assessor's map showing these lots and a
copy of the Stewart Title policy showing the legal descriptiion as "Lots 8 and 9 ... ".
Please contact me with any questions at (206) 432 -8511.
.'+i
Legal Descriptions - YMERI BLA
Lot A existing
Lot 9, Block 1 of subdivision of portion of Tracts 55, 56 and 57, Riverside Interurban
Tracts, recorded in Volume 10 of Plats, page 74, in King County Washington,
according to the unrecorded plat thereof.
Lot A proposed
Lots 8 and 9, Block 1 of subdivision of portion of Tracts 55, 56 and 57, Riverside
Interurban Tracts, recorded in Volume 10 of Plats, page 74, in King County
Washington, according to the unrecorded plat thereof;
EXCEPT for the West 80.0 feet of said lots.
Lot B existing
Lot 8, Block 1 of subdivision of portion of Tracts 55, 56 and 57, Riverside Interurban
Tracts, recorded in Volume 10 of Plats, page 74, in King County Washington,
according to the unrecorded plat thereof.
Lot B proposed
The West 80.0 feet of lots 8 and 9, Block 1 of subdivision of portion of Tracts 55, 56
and 57, Riverside Interurban Tracts, recorded in Volume 10 of Plats, page 74, in King
County Washington, according to the unrecorded plat thereof.
RECEER/ED
FEB 20 1997
COMMUNITY
DEVELOPMENT
CITY OF AUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670
BOUNDARY LINE
ADJUSTMENT OR LOT
CONSOLIDATION
(P -BLA)
APPLICATION
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I. PROJECT BACKGROUND
A. NAME OF PROJECT /DEVELOPMENT: Yl/I e Rr L-A
B. LOCATION OF PROJECT /DEVELOPMENT: (give street address or, if vacant, indicate lot(s), block and subdivision; or tax
lot number, access street, and nearest intersection; if p{oposal applies to several properties, list the streets bounding the area.)
ADDRESS: /3 i a 3 --- /02 N cf A
ASSESORS PARCEL NO.: 73 'y I — D 0 ys
Quarter: /0E: Section: /5—, Township: 2Z N Range: Li E (This information may be found on your tax statement)
c. coNrAcT: (Primary contact regarding the application, and to whom all notices and reports shall be sent)
NAME: SRe'1..-7o Ai t"1 A / TE-s`Tt) -%%.lam
ADDRESS:
PHONE:
SIGNATURE:
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BLAAP.DOC 8/5/96
DATE: °2//5/97
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CITY OF T' WWILA BOUNDARY LINE
Department of Community Development ADJUSTMENT OR LOT
6300 Southcenter Boulevard, Tukwila, WA 98188 CONSOLIDATION
Telephone: (206) 431 -3670
APPLICATION CHECKLIST
The materials listed below must be submitted with your application unless specifically waived in writing
by the Department. Please contact the Department if you feel certain items are not applicable to your
project and should be waived. Application review will not begin until it is determined to be complete.
The initial application materials allow starting project review and vesting the applicant's rights.
However, they in no way limit the City's ability to require additional information as needed to establish
consistency with development standards.
Department staff are available to answer questions about application materials at (206) 431 -3670.
CKLIST..'WITH YOURA "I
ICATION .'
APPLICATION FORMS:
Mr-Application Checklist
15 Application Form (5 copies) and $200 non - refundable fee (no fee for Lot Consolidation)g \ yyf
l!d Legai Description (existing and proposed) Page DEW- LO P MENT
El Affidavit of Ownership Page
lfd Map of Boundary Line Adjustment or Lot Consolidation (5 copies)
a P ❑ APRD application (if your site has a wetland, stream, or their buffers),c) 0
The map should be a scaled drawing on paper no larger than 8 -1/2" by 14" (unless otherwise
approved) and should include the following elements:
❑ A survey of the site may be required if that level of detail is needed to ensure zoning standards
are met.
L�J Northpoint, scale and date.
Dashed lines showing location of existing lot line(s) and solid lines showing proposed lot line
locations.
1,0 f, 1 Location and dimensions of all easements existing and proposed.
M
, Means of access to each lot, including width, name and condition of adjacent streets.
,lf r Dimensions of all lines and total lot or parcel sizes.
LJ Mean lot width of all residential lots.
❑ Existing contours at two -foot intervals. (This may be waived if no portion of subject property
,-,/ exceeds grades of 20 %.)
M Location of septic tank drain field or sewer lines and water mains.
Existing structures and distance to existing and proposed property lines.
,',/Existing trees over 4" in diameter by species.
I Parking and circulation plan for affected lots.
❑ Parking calculations for affected Tots.
,... ^, .. '.,.. ,
FEB 2 0 1997
BLAAP.DOC 8/5/96
OTHER REQUIREMENTS (5 cc —is):
❑ Response to Boundary Line Adjustment review criteria.
❑ Any sensitive areas studies required by TMC 18.45.
0(ix ❑ A list of any existing environmental documents known to the applicant that evaluate any aspect of
the proposed project.
❑ A list of any permits or decisions applicable to the development proposal that have been obtained
prior to filing the application or that are pending before the City or any other governmental entity.
it/C1 A storm water design which meets the requirements set forth in the Surface Water Design Manual
,,�/if required by TMC 16.54.060(d).
E Proof that the lots are recognized as separate lots pursuant to the provisions of TMC Title 17 and
RCW ch. 58.17:
FINED
FEB 2 0 997
COM M 9 N `r
BLAAP.DOC 8/5/96
• AFFIDAVIT OF OWNERSHIP
DECLARATION:
Know all men by these presents that we, the undersigned, owner(s) in fee simple of the land herein
described do hereby make a boundary line adjustment. The undersigned further declare this boundary
line adjustment to be the graphic representation of said boundary line adjustment and the same is
made with the free consent and in accordance with the desire of the owner(s).
In witness whereof we have set our hands and seals.
Name: /4& L A A4 ME-12_,L Name: 0 i/•� l4, Yli� E`�
Name: Name: C
Name: Name:
Name: Name:
STATE OF WASHINGTON
County of King Vmr, / •
On this day personally appeared before me /ie /4 m . , - N4- t/_jii' , . k'm'1"/•
to me known to be the individual described in and who executed the within and foregoing instrument,
and acknowledge that1 � signed the same asle /r free and voluntary act and deed, for the
uses and purposes therein ientioned.
GIVEN under my hand and official seal this ,$L day of `1-e-1-
On this day personally appeared before me
tome known to be the individual described in and who executed the within and foregoing instrument,
and acknowledge that signed the same as free and voluntary act and deed, for the
uses and purposes therein mentioned.
Signature: � %74��
Name as commissioned: 7 7 -/ ys��e /L ize
Title:
My appointment expires: 7-6---97
GIVEN under my hand and official seal this day of , 19
BLAAP.DOC 8/5/96
Signature:
Name as commissioned:
Title:
My appointment expires:
4.W"r$ tiags?( i ' datkutiIs`T11." ._
BOUNDARY LINE ADJUSTMENT /LOT CONSOLIDATION
'rY OF TUKWILA, WASHINGTON
FILE NO.
LEGAL DESCRIPTIONS (Attach additional sheets if necessary):
BEFORE THE ADJUSTMENT:
Sea- ATrarcifieci pA7e
AFTER THE ADJUSTMENT:
See Attu- drtexa PM e
Filed for record at the request of:
BLAAP.DOC 7/3/96
Name
APPROVAL
FEB 2 0 1997
C1,j1.A : NI..i
D iw,N %:O`'`MEN
Department of Community Development:
Examined and approved this
day of , 19
Director, Dept. of Community Development
Department of Public Works:
Examined and approved this
day of
,19
Director, Department of Public Works
Return to:
Dept. of Community Development
Planning Division
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
Page of
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Land Surveyor's Certificate:
This . Boundary Line Adjustment/Lot Consolidation correctly
represents a survey* made by me or under my direction in
conformance with the requirements of appropriate State statute.
Name:
Date:
Certificate No.
Map on File in Vault
Direction:
Scale:
Stamp:
*Many Boundary Line Adjustments and all lot consolidations do not Page of }'
require a survey.
BLAAP.DOC 8/5/96
FEB 2 01997
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ALTA OWNER'S POLICY - 10 -17 -92
•
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures;'es of Date of Policy',?shown in Schedule A, against Toss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained.br`incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being' vested other than as stated therein;
2. Any defect in or lien or encumbrance on the:title; • ,.....
• 3. Unmarketability of the title; •h 4; }y "},
4. Lack of a right of access to and from the land:
� 1.;jr ". "a ia..'5, : �!k : T•%"`,' .V1= ti•.+, ,
The Company will also pay the costs,'attorneys'fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations ; ( :e
IN WITNESS WHEREOF, Stewart Title Guaranty: Company;has�.caused this policy to be signed and sealed by its
duly authorized officers as of the date of Policy shown in Schedute`A� ,�
": 'rtt: ' -, r,�
STEWART.
E
';�i_r`GUARANTT COIili7fT 'w
Chairman of
tprsigned•
the Boar
Authorized Signatory
•:izzr. t C.i i' :nv of Wa., Inr.
Company Seattle, Washington
3,President
City, State fiy;ix "';,f "'a`'
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected
on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a created, suffered, assumed or agreed to by the insured claimant;
b; not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Com ny by the insured claimant prior to the date the insured claimant became an insured under this policy;
c) resulting in no loss or damage to the insured claimant;
attaching,or created subsequent to Date of Policy; or
j resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. ny claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
�i) to timely record the instrument of transfer; or
ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Page 1 No of 0-9993 —
Poiicy 313424
Serial .
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Standard Coverage
STEWART TITLE GUARANTY COMPANY
A.L.T.A. OWNER'S POLICY
SCHEDULE A
Order No.: 248577
Policy Date: June 21, 1994
at 8:30 a.m.
Policy No.: 9993 - 313424
Policy Amount: $66,750.00
1. Name of Insured:
HELHAM YMERI and NATASHA YMERI, husband and wife
2. The estate or interest in the land described herein and which is
covered by this Policy is:'
FEE SIMPLE
The estate or interest referred to herein is at date of Policy
vested in: '
HELHAM YMERI and NATASHA YMERI, husband and wife
4. The land referred to in this Policy is described as follows:
As on Schedule A, page 2, attached.
:, E rE V
FEB 2 0 1997
COMMUNITY
DEVELOPMENT
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Pt.....icy No. 9993-313424
SCHEDULE A
Page 2
The land referred to in this policy is situated in the County of King,
State of Washington, and described as follows:
That portion of Tract 57, Riverside Interurban Tracts, according to
the plat thereof recorded in Volume 10 of Plats, page 74, in King
County, Washington, described as follows:
Beginning on the north line of said Tract 57 at a point 200.00 feet
east of the northwest corner thereof;
thence east along said north line 173.10 feet;
thence southerly along the easterly line of said tract, a distance
of 82.86 feet;
thence west parallel with the north line of said tract a distance of
159.27 feet to the east line of the west 200.00 feet of said tract;
thence north 81.70 feet to the point of beginning;
(BEING KNOWN AS Lots 8 and 9, Block 1 of subdivision of portion of
Tracts 55, 56 and 57, Riverside Interurban Tracts, according to the
unrecorded plat thereof).
END OF SCHEDULE A
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Size 6536 sq ft
- Proposed line
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PORTION OF
N. E. Quarter of
Sec 15, Tsp 23N, Rng 4E, W.M.
MAP DRAWN BY
TESTWARE
29620 - 235th Ave SE
YMERI BLA .
SCALE: 1 inch•= 20 feet
Kent, Wa 98042.
tel: (206) 432 -8511 fax: 432 -3010
Drawn by Date
SJH 2/18/97
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DATE OF LAST PLAT:
RECEIVE
FEB 201997
COMMUNITY
DEVELO ?ENT
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