HomeMy WebLinkAbout00070250Council Meeting 1/24/02
Page 10
Councilmember Maloney elaborated on the purpose of repealing the No. 7 Reinvestment Zone.
Councilmember Maloney moved to adopt Ordinance No. 2543 terminating the TIF #7.
Councilmember Garner seconded the motion, which carried unanimously, 6 -0.
FOR: McIlhaney, Massey, Silvia Garner, Maloney and Hazen
AGAINST: None
ABSENT: Mariott
12.19 Approved by common consent Resolution No. 1 -24- 2002 -12.19 ordering a general
municipal election to be held on May 4, 2002 for the purpose of electing a Mayor,
Council Places 2, 4, and 6. This resolution also provides for a joint election to be held
between the City of College Station, College Station Independent School District, and the
Brazos Valley Groundwater Conservation District.
12.20 Discussion and possible action on an ordinance amending the Subdivision Regulations in
Chapter 9 of the College Station City Code, to add Section 18 which limits replatting in
subdivisions platted prior to July 15, 1970.
Councilmember Massey moved to approve Ordinance No. 2544 approving Subdivision
Regulations in Chapter 9 to add Section 18, which limits replatting in subdivisions platted prior
to July 15, 1970. A condition was attached to the motion that required the applicant to disclose
any documents that depict the property were originally platted. Councilmember Maloney
seconded the motion, which carried unanimously, 6 -0.
FOR: McIlhaney, Massey, Silvia Garner, Maloney and Hazen
AGAINST: None
ABSENT: Mariott
Regular Meeting
Regular Agenda Item No. 13.1 -- Public hearing, discussion and possible action on an
ordinance amendment for a rezoning of 54.53 acres in Pebble Creek Phase 7 -B located east
of the intersection of Royal Adelade and Spanish Bay Ct. from A -O. Agricultural Open to
R -1, Single Family residential.
Staff Planner Jimmerson presented this item. She stated that she is recommending approval of
the rezoning. The applicant is requesting the rezoning to continue development in the Pebble
Creek subdivision, which is currently developed as R -1 Single Family. The proposed rezoning is
in compliance with the Land use Plan and approved Pebble Creek Master Plan.
The Planning and Zoning Commission discussed options in regard to access to the area. The
options for addressing access at this stage are to impose a condition on the rezoning, downzone
it, or deny the rezoning. The Commission recommended approval of the rezoning as submitted.
Davis Young, 806 Coral Ridge East, explained that the plans are to develop the property as
approved in the Pebble Creek Master Plan. He addressed the Planning and Zoning Commission
concerns regarding access. Mr. Young will comply with any standards that are set forth.
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 1/24/02 Page 11
Mayor McIlhaney opened the public hearing. No one spoke. Mayor McIlhaney closed the
public hearing.
Councilmember Silvia moved to approve Ordinance No. 2545 rezoning 54.63 acres in Pebble
Creek Phase 7 -B located east of the intersection of Royal Adelade and Spanish Bay Court from
A -O, Agricultural Open to R -1, Single Family Residential. Councilmember Garner seconded the
motion, which failed by a vote of 3 -3.
FOR: Silvia, Garner and McIlhaney
AGAINST: Maloney, Hazen and Massey
ABSENT: Mariott
Councilmembers Maloney, Massey and Hazen expressed safety concerns with the proposed
rezoning. Councilmember Maloney suggested a marked temporary secondary access -way for
emergency purposes.
Councilmember Maloney moved to approve Ordinance No. 2545 with a condition that a ,
shall be provided prior to or in conjunction
with the development of Phase 7 -B. Councilmember Massey seconded the motion, which
carried unanimously, 6 -0.
FOR: McIlhaney, Massey, Silvia, Garner, Maloney and Hazen
AGAINST: None
ABSENT: Mariott
Council recessed at 8:45 p.m. for a short break. Council reconvened in open session at 8:55
p.m.
Regular Agenda Item No. 13.2 -- Public hearing, discussion and possible action on an
ordinance regarding an amendment to Section 10, Chanter 9 Subdivision Regulations of
the City of College Station Code of Ordinances amending certain sections regarding
parkland dedication.
City Planner Jane Kee stated that this item was presented at the January 10, 2002 Council
Workshop meeting. She reminded the Council that the parkland dedication ordinance is part of
the city's subdivision regulations revised in 1999. The ordinance requires a review every three
years. This review is part of Council Strategic No. 4, Vision Statement 4, Intergenerational and
facilities and comprehensive parks planning programs.
Ms. Kee discussed staff's review of land and development costs, intergenerational parks, and
acceptance and development criteria based on the 2000 census information. Staff proposed the
following fee and language changes in the ordinance.
Proposed Fee Changes:
• Increase in multi - family land dedication due to Census figures
• Increase in fee in lieu of land due to increase in land costs
• Increase in development fee due to intergenerational emphasis
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
' 3.3 Moved to the Regular Agenda the discussion and possible action on a Preliminary Plat for
T.C.C. Subdivision, consisting of 5.95 acres located at 1267 Harvey Mitchell Parkway South.
(01-260)
REGULAR AGENDA
AGENDA ITEM NO. 4: Consider request(s) for absence from meetings.
None.
AGENDA ITEM N0.5: Public hearing, discussion, and possible action on items removed
from the Consent Agenda by Commission action.
3.3: Discussion and possible action on a Preliminary Plat for T.C.C. Subdivision, consisting of 5.95
acres located at 1267 Harvey Mitchell Parkway South. (01 -260)
Commissioner Kaiser expressed concern regarding access and asked if Condemnation could be
exercised in this instance. Staff Planner Jimmerson explained that City Staff, TXDot, the applicant and
their design professional has determined that the location and layout of the proposed access has been
optimized. She stated that a right - in/right -out design would create more hazards. Also, the TXDot
engineer did not believe a deceleration lane would be needed since there is a shoulder where vehicles
can merge over before turning into the site. In addition, the two -way left -turn lane in the center of
Harvey Mitchell Parkway would allow vehicles to turn left out of the site and accelerate before
merging in with traffic. Ms. Jimmerson said that Condemnation is within the purview of the
Commission to exercise, thereby sending this case before City Council for resolution. Transportation
Planner Fogle confirmed that the proposed location and layout of the access is, in his professional
opinion and that of TXDot's Engineers, the safest. Ms. Jimmerson added that this is a Planned
Development District and an emergency access was never required of this rezoning by the Commission
or the City Council.
Commissioner Hawthorne motioned to approve the Preliminary Plat and was seconded by
Commissioner Happ. The motion carried 6 -0.
AGENDA ITEM NO. 6: AGENDA ITEM NO. 6 :Public hearing, discussion, and possible action
on an ordinance amendment for a rezoning from A -O, Agricultural Open to R-1, Single Family
Residential for 54.63 acres in Pebble Creek, Phase 7 -B, located east of the intersection of 1299
Royal Adelade and Spanish Bay Court. (01 -258)
Staff Planner Jimmerson presented the staff report. She stated that she is recommending approval of
the rezoning. The applicant is requesting the rezoning to continue development in the Pebble Cree k
Subdivision, which is currently developed as R -1 Single Family. The proposed rezoning is in
compliance with the Land Use Plan and the approved Pebble Creek Master Plan.
Commissioner Kaiser expressed concern regarding greenspace. Commissioner Happ expressed
concern regarding access.
Assistant City Attorney Nemcik explained that there is an ordinance addressing drive -way access.
However, subdivision access is different. Since this is a rezoning, the Commission can impose a
condition to the rezoning, down -zone it, or you may deny the rezoning if you are concerned about
density and traffic concerning access to the subdivision.
P &Z Minutes January 3, 2002
Page 2 of 4
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Chairman Floyd opened the public hearing.
Bobby Mauldin, a representative for the Pebble Creek Development, explained that another access
point to be developed will intersect with Andrews Drive and will eventually connect with this portion
of the development within 3 to 5 years.
Chairman Floyd closed the public hearing.
Commissioner Hawthorn motioned to approve. Commissioner Williams seconded the motion. The
motion carried 4 -2 with Commissioners Kaiser and Happ voting in opposition.
AGENDA ITEM NO. 7: Public hearing, discussion, and possible action on a Conditional Use
Permit and Site Plan for the Seventh Day Adventist Church located at 1350 Earl Rudder
Freeway South. (01 -180)
Staff Planner Hitchcock presented the Staff Report. Ms. Hitchcock stated that Staff recommends
approval of the Conditional Use Permit and Site Plan. She explained that the applicant is proposing to
develop a fellowship building and sanctuary that would be used for services, meetings, and classes.
Phase 1 of this development will consist of a 4351 sq. ft. fellowship building where church activities
will take place until the sanctuary is built with Phase 2. The subject property is zoned R -1 and R -3.
To buffer the abutting residential area, a six -foot wooden fence is proposed and will be installed along
lots 5, 6, and 7 of Cat Hollow. Much of the natural vegetation will be preserved and additional
landscaping and berms are also planned. Finally, signage has been proposed for consideration as well.
Chairman Floyd opened the public hearing.
Chuck Ellison, 2902 Camille Drive, spoke in favor of the Conditional Use Permit. He stated that
because the ingress/egress will be to the frontage road, there will be no appreciable impact of traffic in
the neighborhoods. Chairman Floyd asked about the proposed lighting. Mr. Ellison explained that the
lighting will be directed away from abutting residential properties.
David Claridge, 1500 Lynx Cove, spoke in favor of the Conditional Use Permit and addressed
concerns raised by the Commission regarding the natural vegetation and landscaping vs the proposed
wooden fencing.
Chairman Floyd closed the public hearing.
Commissioner Happ motioned to approve as submitted. Commissioner Williams seconded the motion.
Commissioner Kaiser asked for clarification on the berming plan. Mr. Claridge stated that a survey
was conducted and planning was done in consideration of the natural vegetation. He added that the
depth to the detention base is the driving factor, which would allow the water to collect in a natural
basin.
Chairman Floyd called the question. The motion carried 4 -2, with Commissioners Floyd and McMath
voting in opposition.
AGENDA ITEM NO. 8: Public hearing, discussion, and possible action on an Ordinance
Amendment regarding PRC and buffer requirements for the Northgate district. (01 -265)
MZ mutes January 3, 2002 Page 3 of 4
STAFF REPORT
Prepared by: TED MAYO Date: January 30, 2002
Email: tmayo @ci.college - station.tx.us
Item: Consideration of a Final Plat for the PEBBLE CREEK PHASE 7 -131
SUBDIVISION (22.99 acres)(34 lots) located east of Pebble Creek Parkway and
east of Pebble Creek Subdivision Phase 7 -A. (2- 500007)
Applicant: THE WALLACE GROUP FOR PEBBLE CREEK DEVELOPMENT
COMPANY
Staff Recommendation: Staff recommends approval with the following
conditions: A rpo ► BAs to
be provided to access Phase 7 -131 as required by the City Council as a condition
of their approval of rezoning of this tract on January 24, 2002. The following
street name changes are to be made: Piping Rock Circle to Piping Rock Court;
Whistling Straits Drive east of Royal Adelade Drive to Whistling Straits Court;
Royal Adelade Drive at Whistling Straits Drive to Royal Adelade Loop.
Item Summary: The proposed Pebble Creek Phase 7 -131 Subdivision includes
38 R -1 single family (0.53 ac. avg.) lots and complies with the Land Use Plan,
the Thorough Plan, the Pebble Creek Master Plan, and the Preliminary Plat of
Section 7 which was approved by the Planning and Zoning Commission
December 3, 1998. The Final Plat for Pebble Creek Phase 7 -A (44.88 acres- 81
lots) was approved February 4, 1999. This property was rezoned from A -O to R-
1 by the City Council January 24, 2002. The required parkland dedication for this
development was addressed in previous submittals.
Commission Action Options: The Commission has final authority over the final
plat. The options regarding the final plat are:
1. Approval as submitted;
2. Approval with conditions;
3. Denial;
4. Table; or,
5. Defer action only at applicant's request.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
4. Copy of Final Plat
reated on 01130102 9:55 AM
I:IGROUPIDEVE SERITecAFP Staff ReportPC7B1.DOC
F. NON - PUBLIC, ALL- WEATHER DRIVE SURFACES: Temporary or permanent drive
surfaces that are required for emergency access or turnaround for emergency vehicles must
be constructed to function under aIl weather conditions. To accommodate a project during
construction, phasing, or permanent installation, drive surfaces that do not meet the
requirements for permanent pavement surfaces may be allowed at the discretion of the City
Engineer for the specific conditions stated below:
TEMPORARY ALL- WEATHER SURFACE (during construction) - A structure under
construction must be accessible by an all- weather drive surface. This surface may
consist of the permanent pavement as described in Section 9.2.1) or may consist of four
inches (4 ") of base with a one - course (1) seal coat as specified in the Texas
Department of Transportation Standard Specifications for Construction of Highways,
Streets and Bridges, 1 Edition, Item 3 T6. This temporary all- weather surface must
be reworked or replaced to meet the permanent pavement standard as described in
Section 9.2.D. prior to issuance of a certificate of occupancy.
SEMI- PERMANENT ALL- WEATHER SURFACE (during phasing) - In cases during
t haling of a large project, emergency access and turnarounds often must be added as a
emporary measure until additional phases are constructed. These emergency access
areas may consist of permanent pavement as described in Section 9.2.D., or may consist
of six inches (6 ") of limestone base with one - course (1) seal coat as specified in the
Texas Department of Transportation Standard Specifications for Construction of
Highways Streets and Bridges 1993 Edition, Item 316. If the semi- permanent surface
is used, the six-inch (6 ") curb is not required, and these areas must be gated or protected
from public usage and signed for emergency access only. When the additional phase is
constructed these areas must be removed or reworked to meet the permanent pavement
standards as described in Section 9.2.D.
PERMANENT ALL- WEATHER SURFACE (permanent) - In some development
scenarios, an emergency access or turnaround must be constructed to meet emergency
access purposes and is not required for public traffic, service vehicles or sanitation
vehicles. In these cases the area required for emergency access only may consist of
permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") or
limestone base with a two- course (2) seal coat as specified in the Texas Department of
Transportation Standard Specifications for Construction of Highways, Streets and
Bridges, .1993 Edition, Item 316. If the seal -coat surface is used, a six -mch (6 ") curb is
not required, and these areas must be gated or protected from public usage and signed
for emergency access only.
(As amended Ordinance No. 2226 dated December 12, 1996)
G. TEMPORARY PARKING LOTS: When additional parking, in excess of what the zoning
ordinance requires and/or in excess of what was installed when a facility first opened is
necessary to accommodate business or patronage that was unanticipated when the facl
first opened, this parking may be sup lied using the standards below. All such parking lots
must receive site plan approval from Zhe Planning & Zoning Commission following the site
plan review procedures outlined in section 10 of the zoning ordinance. If these standards are
allowed, the parking lot may exist on a temporary basis not to exceed 12 months. The
beginning date of the 12 month eriod shall be determined by the Commission.
(As amended by Ordinance No. 2226 dated December 12, 1996)
STANDARDS
1. The surface of the parking lot may be gravel or some other temporary material as
approved by the City Engineer.
2. The lot must be designed to accommodate drainage in accordance with the City's
drainage ordinance. Curbs, gutters or other improvements may be reguired where
necessary to comply with drainage regulations as approved by the City Engineer.
3. Entrance to the lot from any public right -of -way is at the discretion of the Commission
based on recommendation of fhe City Engineer.
4. When entrance is allowed to the lot from a public right -of -way that portion of the
entrance located in the right -of -way must be paved with an A weather surface as
approved by the City Engineer.
Zoning Ordinance Page 9 - 3
ALL- WEATHER DRIVE SURFACES: or permanent 'drive
a�gttl fl srgenW sf or turnaroun or emergency vehicles ft st
kI notion on weathex w"tiom To accommodate a project during
construction, p asing, or permanent installation, drive surfaces that do not meet the
requirements for permanent pavement surfaces may be allowed at the dWretien of the City
Brf&em for the specific conditions stated below:
TEMPORARY ALL- WEATHER SURFACE (during construction) - A structure under
construction must be accessible by an all- weather drive surface. This surface may
consist of the ppermanent pavement as described in Section 9.2.1) or may consist of four
inches (4 ") of limestone base with a one - course (1) seal coat as specified in the Texas
Department of Transportation Standard Specifications for Construction of Highways,
Streets and Bridges, 1993 Edition, Item 3 M. This temporary all- weather surface must
be reworked or replaced to meet the permanent pavement standard as described in
Section 9.2.D. prior to issuance of a certificate of occupancy.
SEMI - PERMANENT ALL- WEATHER SURFACE (durin phasing) - In cases during
phasing of a large project, emergency access and turnarounds often must be added as a
emporary measure until additional phases are constructed. These emergency access
areas may consist of permanent pavement as described in Section 9.2.D., or may consist
of six inches (6 ") of limestone base with one - course (1) seal coat as specified in the
Texas Department of Transportation Standard Specifications for Construction of
Highways, Streets and Bridges, 1993 Edition, Item 316. If the semi- permanent surface
is used, the six -inch (6 ") curb is not required, and these areas must be gated or protected
from public usage and signed for emergency access only. When the additional phase is
constructed these areas must be removed or reworked to meet the permanent pavement
standards as described in Section 9.2.D.
PERMANENT ALL- WEATHER SURFACE (permanent) - In some development
scenarios, an emergency access or turnaround must be constructed to meet emer ency
access purposes and is not required for public traffic, service vehicles or sanitation
vehicles. In these cases the area required for emergency access only may consist of
permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") or
limestone base with a two- course (2) seal coat as specified in the Texas Department of
Transportation Standard Specifications for Construction of Highways, Streets and
Bridges, 1993 Edition, Item 316. If the seal -coat surface is used, a six -mch (6 ") curb is
not required, and these areas must be gated or protected from public usage and signed
for emergency access only.
(As amended Ordinance No. 2226 dated December 12, 1996)
G. TEMPORARY PARKING LOTS: When additional parking, in excess of what the zoning
ordinance requires and/or in excess of what was installed when a facility first opened is
necessary to accommodate business or patronage that was unanticipated when the facility
first opened, this parking may be sup lied using the standards below. All such par king lots
must receive site plan approval from the Plannin & Zoning Commission following the site
R an review procedures outlined m section 10 of the zoning ordinance. If these owed, the p f t arking omay xist on a temporamonths. The
ginning date ft 12 in nthpernod shall be de
te stan dards are
rmined �y the Commission.
(As amended by Or mane No. 2226 dated December 12, 1996)
STANDARDS
1. The surface of the parking lot may be gravel or some other temporary material as
approved by the City Engineer.
2. The lot must be designed to accommodate drainage in accordance with the City's
drainage ordinance. Curbs, gutters or other improvements may be required where
necessary to comply with drainage regulations as approved by the City Engineer.
3. Entrance to the lot from any public riVt -of -way is at the discretion of the Commission
based on recommendation of fhe City ngineer.
4. When entrance is allowed to the lot from a public right -of -way that portion of the
entrance located in the right -of -way must be paved with an alb weather surface as
approved by the City Engineer.
Zoning Ordinance Page 9 - 3
NON - PUBLIC, ALL- WEATHER DRIVE SURFACES: Temporary or permanent drive
surfaces that are required for emergency access or turnaround for emer ency vehicles must
be constructed to function under all weather conditions. To accommodate a project during
construction, phasing, or permanent installation, drive surfaces that do not meet the
requirements for permanent pavement surfaces may be allowed at the discretion of the City
Engineer for the specific conditions stated below:
TEMPORARY ALL- WEATHER SURFACE (during construction) - A structure under
construction must be accessible by an all- weather drive surface. This surface may
consist of the permanent pavement as described in Section 9.2.1) or m�ayy consist of four
inches (4 ") oflimestone base with a one - course (1) seal coat as specified in the Texas
Department of Transportation Standard Specifications for Construction of Highways,
Streets and Bridges, 1993 Edition, Item 3I6. This temporary all- weather surface must
be reworked or replaced to meet the permanent pavement standard as described in
Section 9.2.D. prior to issuance of a certificate of occupancy.
SEMI - PERMANENT ALL- WEATHER SURFACE (durin phasing) - In cases during
phasing of a large project, emergency access and turnarounds often must be added as a
emporary measure until additional phases are constructed. These emergency access
areas may consist of permanent pavement as described in Section 9.2.D., or ma consist
of six inches (6 ") of limestone base with one - course (1) seal coat as specifiid in the
Texas Department of Transportation Standard S pecifications for Construction of
Highways Streets and Bridges 1993 Edition, Item 316. If the semi - permanent surface
is used, the six-inch (6") cum is not required, and these areas must be gated or protected
from public usage and signed for emergency access only. When the additional phase is
constructed these areas must be removed or reworked to meet the permanent pavement
standards as described in Section 9.2.D.
PERMANENT ALL- WEATHER SURFACE (permanent) - In some development
scenarios, an emergency access or turnaround must be constructed to meet emergency
access purposes and is not required for public traffic, service vehicles or sanitation
vehicles. In these cases the area required for emergency access only may consist of
permanent pavement as described in Section 9.2.D., or may consist of six inches (6 ") or
limestone base with a two- course (2) seal coat as specified in the Texas Department of
Transportation Standard Specifications for Construction of Highways, Streets and
Bridges,.1993 Edition, Item 316. If the seal -coat surface is used, a six-mch (6 ") curb is
not required, and these areas must be gated or protected from public usage and signed
for emergency access only.
(As amended Ordinance No. 2226 dated December 12, 1996)
G. TEMPORARY PARKING LOTS: When additional parking, in excess of what the zoning
ordinance requires and/or in excess of what was installed when a facility first opened is
necessary to accommodate business or patronage that was unanticipated when the faculty
first opened, this parking may be suppplied using the standards below. All such parking lots
must receive site plan approval from }he Planning & Zoning Commission following the site
plan o review procedures outlined in section 10 of the zoning ordinance. If these standards are
allwed, the parking lot may exist on a temporary basis not to exceed 12 months. The
beginning date of the 12 month period shall be determined by the Commission.
(As amended by Ordnance No. 2226 dated December 12, 1996)
STANDARDS
I. The surface of the parking lot may be gravel or some other temporary material as
approved by the City Engineer.
2. The lot must be designed to accommodate drainage in accordance with the City's
drainage ordinance. Curbs, gutters or other improvements may be required where
necessary to comply with drainage regulations as approved by the City Engineer.
3. Entrance to the lot from any public right-of-way is at the discretion of the Commission
based on recommendation of fhe City Engineer.
4. When entrance is allowed to the lot from a public right -of -way that portion of the
entrance located in the right -of -way must be paved with an A weather surface as
approved by the City Engineer.
Zoning Ordinance Page 9 - 3
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PUBLIC UTILITY EASEMENT
VOLUME 3591, PAGE 28
\ FRAZOS COUNTY OFFICIAL PUBLIC RECORDS
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DESCRIBED AS TRACT
VOLUME 1671, PAGE 276
BRAZOS COUNTY OFFICIAL PUBLIC RE(
FURNIE PHASE
PEBBLE CFEEK PHASE 7-82
(NO 7' PLA 7'TL'D)
PEBBLE CREEK DEVELOPMENT COMP;
RESIDUE OF CALLED 6 7 7.4 9 ACRE ,k
DESCRIBED AS TRACT
VOLUME 1671, PAGL' 76
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