HomeMy WebLinkAboutItem VI (E12) Ordinance No 92-33, Case No. 2-121AR-92: West Zoning AGENDA 12-1-92
A Item VI E 12
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ORDINANCE NO. 92-33
CASE NO. 2-121AR-92 : WEST
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
CHANGING THE ZONING CLASSIFICATION FROM ORANGE
COUNTY A-1, AGRICULTURAL DISTRICT, AND A-2,
AGRICULTURAL DISTRICT, TO OCOEE, R-1-A, SINGLE
FAMILY RESIDENTIAL DISTRICT FOR PARCEL A, FROM
ORANGE COUNTY A-1, AGRICULTURAL DISTRICT AND
A-2, AGRICULTURAL DISTRICT, TO OCOEE, R-1-AA,
SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL
C, FROM ORANGE COUNTY A-i, AGRICULTURAL
DISTRICT AND A-2, AGRICULTURAL DISTRICT, TO
OCOEE, R-3, MULTI-FAMILY RESIDENTIAL DISTRICT
FOR PARCEL E, FROM ORANGE COUNTY A-1,
AGRICULTURAL DISTRICT AND A-2, AGRICULTURAL
DISTRICT, TO OCOEE, C-2, COMMUNITY COMMERCIAL
DISTRICT FOR PARCELS B3 AND F, ON CERTAIN REAL
PROPERTY LOCATED ALONG THE EAST AND WEST SIDES
OF APOPKA-OCOEE ROAD FROM 800 FEET SOUTH OF
WEST ROAD ON THE SOUTH TO 1,200 FEET SOUTH OF
McCORMICK ROAD ON THE NORTH PURSUANT TO THE
APPLICATION SUBMITTED BY THE PROPERTY OWNERS;
FINDING SUCH ZONING TO BE CONSISTENT WITH THE
OCOEE COMPREHENSIVE PLAN; PROVIDING FOR AND
AUTHORIZING THE REVISION OF THE OFFICIAL CITY
ZONING MAP; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee,
Florida has on the date of adoption of this Ordinance, annexed into
the corporate limits of the City of Ocoee, Florida certain real
property now located in the City of Ocoee, Orange County, Florida,
as hereinafter described; and
WHEREAS, the owner or owners ("the Applicant") of certain
real property located within the corporate limits of the City of
Ocoee, Florida, as hereinafter described, have submitted an
application to the City Commission to rezone and establish an
initial zoning classification for said real property of "OCOEE, R-
1-A, SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL A; R-1-AA,
SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL C; R-3 , MULTI-FAMILY
RESIDENTIAL DISTRICT FOR PARCEL E; AND, C-2 , COMMUNITY COMMERCIAL
DISTRICT FOR PARCELS B3 AND F" ("the Initial Zoning") ; and
WHEREAS, pursuant to Section 5-9 (B) of Chapter 180 of the
Code of Ordinances of the City of Ocoee ("the Ocoee City Code") ,
the Planning Director has reviewed said application and determined
that the Initial Zoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in
Ordinance No. 91-28 , adopted September 18 , 1991 ("the Ocoee
Comprehensive Plan") ; and
WHEREAS, said Initial Zoning application was scheduled
for study and recommendation by the Planning and Zoning Commission
of the City of Ocoee, Florida ("the Planning and Zoning
Commission") ; and
WHEREAS, the Planning and Zoning Commission has held a
public hearing and reviewed said Initial Zoning application for
consistency with the Ocoee Comprehensive Plan and determined that
the Initial Zoning requested by the Applicant is consistent with
the Ocoee Comprehensive Plan and is in the best interest of the
City and has recommended to the Ocoee City Commission that the
zoning classification of said real property be zoned "OCOEE, R-1-A,
SINGLE FAMILY RESIDENTIAL DISTRICT FOR PARCEL A; R-1-AA, SINGLE
FAMILY RESIDENTIAL DISTRICT FOR PARCEL C; R-3 , MULTI-FAMILY
RESIDENTIAL DISTRICT FOR PARCEL E; AND, C-2 , COMMUNITY COMMERCIAL
DISTRICT FOR PARCELS B3 AND F" , as requested by the Applicant, and
that the Ocoee City Commission find that the Initial Zoning
requested by the Applicant is consistent with the Ocoee
Comprehensive Plan; and
WHEREAS, the Ocoee City Commission has held a de novo
public hearing with official notice thereof with respect to the
proposed Initial Zoning of said real property; and
WHEREAS, the Ocoee City Commission has determined that
the Initial Zoning requested by the Petitioner is consistent with
the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee
City Commission in accordance with the procedures set forth in
Section 166. 041 (3) (a) , Florida Statutes.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. The City Commission of the City of Ocoee,
Florida has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida, and
Chapters 163 and 166, Florida Statutes.
SECTION 2 . That the zoning classification, as defined in
the Ocoee City Code, of the following described parcel of land
located within the corporate limits of the City of Ocoee, Florida,
is hereby changed from "Orange County A-1 AND A-2 , AGRICULTURAL
DISTRICT" to "OCOEE, R-1-A, SINGLE FAMILY RESIDENTIAL DISTRICT FOR
PARCEL A" :
SEE EXHIBIT "A" ATTACHED HERETO AND
BY THIS REFERENCE MADE A PART
HEREOF.
SECTION 3. That the zoning classification, as defined in
the Ocoee City Code, of the following described parcel of land
located within the corporate limits of the City of Ocoee, Florida,
is hereby changed from "Orange County A-1 AND 1-2 , AGRICULTURAL
DISTRICT" TO "OCOEE, R-1-AA, SINGLE FAMILY RESIDENTIAL DISTRICT FOR
PARCEL C" :
• SEE EXHIBIT "B" ATTACHED HERETO AND
BY THIS REVERENCE MADE A PART
HEREOF.
SECTION 4. That the zoning classification, as defined in
the Ocoee City Code, of the following described parcel of land
located within the corporate limits of the City of Ocoee, Florida,
is hereby changed from "Orange County A-1 AND 1-2 , AGRICULTURAL
DISTRICT" TO "OCOEE, R-3 , MULTI-FAMILY RESIDENTIAL DISTRICT FOR
PARCEL E" :
SEE EXHIBIT "C" ATTACHED HERETO AND
BY THIS REVERENCE MADE A PART
HEREOF.
SECTION 5. That the zoning classification, as defined in
the Ocoee City Code, of the following described parcel of land
located within the corporate limits of the City of Ocoee, Florida,
is hereby changed from "Orange County A-1 AND 1-2 , AGRICULTURAL
DISTRICT" TO "OCOEE, C-2 , COMMUNITY COMMERCIAL DISTRICT FOR PARCELS
B3 AND F" :
• SEE EXHIBIT "D" ATTACHED HERETO AND
BY THIS REVERENCE MADE A PART
HEREOF.
SECTION 6. That the City Commission of the City of
Ocoee, Florida, hereby finds the new zoning of the lands described
in this Ordinance to be consistent with the Ocoee Comprehensive
Plan.
SECTION 7 . The City Clerk is hereby authorized and
directed to revise the Official Zoning Map of the City of Ocoee in
order to incorporate the zoning amendments enacted by this
Ordinance and the Mayor and City Clerk are hereby authorized to
execute said revised Official Zoning Map in accordance with the
provisions of Section 5-1 (G) of Article V of the Ocoee City Code.
SECTION 8. All ordinances or parts of ordinances in
conflict herewith are hereby repealed and rescinded.
SECTION 9. Severability. If any section, subsection,
sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional by any court of competent
jurisdiction, .such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion hereto.
SECTION 10. Effective Date. This Ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 1992.
4 APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
•
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 1992
READ FIRST TIME , 1992
READ SECOND TIME AND ADOPTED
, 1992 .
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
this day of , 1992 .
FOLEY & LARDNER APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON , 1992
By: UNDER AGENDA ITEM NO.
City Attorney
ZONING.ORD
EXHIBIT " A "
COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 31 ; THENCE NORTH
00°42 ' 30" EAST ALONG THE EAST LINE QF THE SOUTHEAST QUARTER OF SAID
SECTION 31, A DISTANCE OF, 1434 . 7'3 FEET TO THE SOUTHEAST CORNER OF
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 31,
SAID CORNER BEING THE POINT OF BEGINNING; THENCE NORTH 89°29 ' 26"
WEST, 1193 . 75 FEET; THENCE NORTH 04°21 ' 29" EAST, 25 . 50 FEET TO THE
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A
RADIUS OF 1990. 70 FEET; THENCE NORTHEASTERLY 133 . 12 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°49 ' 53", (CHORD
BEARING NORTH 13°42 ' 04" EAST) ; THENCE NORTH 11°35 ' 36" EAST, 1304 .70
FEET; (THE LAST THREE (3) COURSES DESCRIBED BEING COINCIDENT WITH
THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 437 AS RECORDED IN
STATE ROAD PLAT BOOK 1, PAGE 123 , RECORDS OF ORANGE COUNTY
FLORIDA. ) ; THENCE SOUTH 89°26 ' 49" EAST ALONG THE NORTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 31, A
DISTANCE OF 915 . 81 FEET TO THE EAST QUARTER CORNER OF SAID SECTION
31 ; THENCE SOUTH 00°42 ' 30" WEST ALONG THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 1434 . 73 FEET TO
THE POINT OF BEGINNING. SAID PARCEL LYING EAST OF STATE ROAD 437 AS
MAINTAINED AND MONUMENTED IN THE FIELD, AND CONTAINING 34 . 7 ACRES
MORE OR LESS.
2-121AR-92 : WEST
I.., !;( )rNISUL I ANTINC.
EXHIBIT " B "
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 6 ; THENCE SOUTH 01°32 ' 19" WEST ALONG THE WEST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 905. 15 FEET;
THENCE SOUTH 28°59 ' 05" WEST, 632 . 24 FEET; THENCE NORTH 61°00 ' 55"
WEST, 844 . 94 FEET; THENCE SOUTH 28°59 ' 05" WEST, 2006 FEET MORE OR
LESS TO THE CENTERLINE OF STATENS BRANCH (CANAL) ; THENCE WESTERLY
ALONG SAID CENTERLINE 2500 FEET MORE OR LESS TO THE EASTERLY
SHORELINE OF LAKE APOPKA; THENCE NORTHEASTERLY ALONG SAID EASTERLY
SHORELINE 7050 FEET MORE OR LESS; THENCE NORTH 89°26 ' 49" WEST 596
FEET MORE OR LESS ; THENCE SOUTH 00°51 ' 44" WEST 699 . 61 FEET TO THE
NORTH LINE OF THE SOUTHEAST QUARTER OF THE AFOREMENTIONED SECTION
31; THENCE SOUTH 89°26 ' 49" EAST 1018 . 52 FEET; THENCE SOUTH 11°35 ' 36"
WEST 1295 . 89 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
TO THE NORTHWEST HAVING A RADIUS OF 1945. 70 FEET; THENCE
SOUTHWESTERLY. 168 . 72 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 04°58 ' 06" (CHORD BEARING SOUTH 14°16 ' 14" WEST) ;
(THE LAST TWO (2) COURSES DESCRIBED BEING COINCIDENT WITH THE
WESTERLY RIGHT-OF-WAY LINE OF THE AFOREMENTIONED STATE ROAD 437) ;
THENCE NORTH 89°29 ' 26" WEST ALONG THE SOUTH LINE OF THE NORTH HALF
OF THE SOUTHEAST QUARTER OF SAID SECTION 31, A DISTANCE OF 1376. 00
FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 31; THENCE SOUTH 00°32 ' 38" WEST
ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 1436 . 73 FEET TO THE
POINT OF BEGINNING. SAID PARCEL LYING WEST OF SAID STATE ROAD 437
AS MAINTAINED AND MONUMENTED IN THE FIELD, AND CONTAINING 389 ACRES
MORE OR LESS.
2-121AR-92: WEST
I_ 'J( )t !S(JL. i'AN'I G. INC.
EXHIBIT C
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 6 ; THENCE SOUTH 01°32 ' 19" WEST ALONG THE WEST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 905. 15 FEET;
THENCE SOUTH 27°59 ' 08" EAST, 318 . 35 FEET; THENCE SOUTH 28°59 ' 05"
WEST, 1307 . 98 FEET; THENCE SOUTH 43°01 ' 16" WEST, 103 . 08 FEET;
THENCE SOUTH 28°59 ' 05" WEST, 266. 74 FEET TO THE POINT OF BEGINNING
(THE LAST THREE (3) COURSES BEING COINCIDENT WITH THE WESTERLY
RIGHT-OF-WAY LINE OF STATE ROAD 437) ; THENCE DEPARTING SAID
WESTERLY RIGHT-OF-WAY LINE, NORTH 61°00 ' 55" WEST, 400. 00 FEET TO
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING
A RADIUS OF 600 . 00 FEET; THENCE NORTHWESTERLY 365. 63 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°54 ' 55" TO THE POINT
OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A
RADIUS OF 600 . 00 FEET; THENCE NORTHWESTERLY 365. 63 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34°54 ' 55" ; THENCE
NORTH 28°59 ' 05" EAST, 1000 . 00 FEET; THENCE SOUTH 61°00 ' 55" WEST,
1111. 84 FEET TO A POINT ON THE AFORESAID WESTERLY RIGHT-OF-WAY LINE
OF THE STATE ROAD 437 ; THENCE SOUTH 28°59 ' 05" WEST, 849 . 27 FEET;
THENCE SOUTH 43°01 ' 16" WEST, 103 . 08 FEET; THENCE SOUTH 28°59 ' 05"
WEST, 266 . 74 FEET TO THE POINT OF BEGINNING. SAID PARCEL LLYING
WEST OF STATE ROAD 437 AS MAINTAINED AND MONUMENTED IN THE FIELD,
AND CONTAINING 29 . 2 ACRES MORE OR LESS.
2-121AR-92 : WEST
{ �_
CONSUL i.ANTi . INC.
EXHIBIT D
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 6, TOWNSHIP 22
,t SOUTH, RANGE 28 EAST; THENCE SOUTH 04°50 ' 36" WEST, ALONG THE EAST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF
1265. 26 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 6 ; THENCE CONTINUE SOUTH
04°50 ' 36" WEST ALONG SAID EAST LINE 1216. 88 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION 6; THENCE SOUTH 87°20 ' 52" WEST ALONG
THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6, A
DISTANCE OF 2480. 89 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 6 AND THE POINT OF BEGINNING; THENCE SOUTH
01°31 ' 10" WEST ALONG THE WEST LINE OF SOUTHEAST QUARTER OF SAID
SECTION 6, A DISTANCE OF 700 FEET MORE OR LESS TO THE CENTERLINE OF
STATENS BRANCH (CANAL) ; THENCE WESTERLY, NORTHWESTERLY, WESTERLY
AND SOUTHWESTERLY ALONG SAID CENTERLINE 815 FEET MORE OR LESS TO A
POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A
RADIUS OF 2403 . 74 FEET; THENCE NORTHEASTERLY 97 . 59 FEET ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°19 ' 34" (CHORD
BEARING NORTH 20°27 ' 42" EAST) ; THENCE NORTH 68°22 ' 31" WEST, 10. 00
FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST
HAVING A RADIUS OF 2413 . 74 FEET; THENCE NORTHEASTERLY 326 . 19 FEET
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°44 '35"
(CHORD BEARING NORTH 25°29 ' 46" EAST) ; THENCE NORTH 28°59 ' 05" EAST,
187 . 01 FEET; THENCE NORTH 09°59 ' 03" EAST, 61. 43 FEET; THENCE NORTH
28°59 ' 05" EAST, 471. 52 FEET; (THE LAST SIX (6) COURSES DESCRIBED
BEING COINCIDENT WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE
AFOREMENTIONED STATE ROAD 437) ; THENCE SOUTH 86°59 ' 43" EAST, 282 . 24
FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6;
THENCE SOUTH 01°32 ' 19" WEST ALONG SAID WEST LINE, 456. 28 FEET TO
THE POINT OF BEGINNING. SAID PARCEL LYING EAST OF STATE ROAD 437
AS MAINTAINED AND MONUMENTED IN THE FIELD, AND CONTAINING 13 . 5
ACRES MORE OR LESS .
1 OF 2
2-121AR-92 : WEST
►l`ISO.. I'ANT S. INC.
EXHIBIT D
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 6 ; THENCE SOUTH 01°32 ' 19" WEST ALONG THE WEST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 6, A DISTANCE OF 905. 15 FEET;
THENCE SOUTH 27°59 ' 08" EAST, 318 . 35 FEET; THENCE SOUTH 28°59 ' 05"
WEST 1307 . 98 FEET; THENCE SOUTH 43°01 ' 16" WEST, 103 . 08 FEET; THENCE
SOUTH 28°59 ' 05" WEST 266. 74 FEET TO THE POINT OF BEGINNING (THE
LAST THREE (3) COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT-OF-
WAY LINE OF STATE ROAD 437) ; THENCE CONTINUE SOUTH 28°59 ' 05" WEST
100. 31 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 2513 . 74 FEET; THENCE SOUTHWESTERLY
339 . 71 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
07°44 ' 35" (CHORD BEARING SOUTH 25°29 ' 46" WEST) ; THENCE NORTH
68°22 ' 31" WEST, 10 . 00 FEET TO A POINT ON A NON-TANGENT CURVE
CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 2523 . 74 FEET; THENCE
SOUTHWESTERLY 210 FEET MORE OR LESS ALONG THE ARC OF SAID CURVE
THROUGH A CENTRA. ANGLE OF 04°47 ' (CHORD BEARING SOUTH 19°13 ' 51"
WEST) , TO THE CENTERLINE OF STATENS BRANCH (CANAL) ; (THE LAST FOUR
(4) COURSES DESCRIBED BEING COINCIDENT WITH THE WESTERLY RIGHT-OF-
WAY LINE OF STATE ROAD 437) ; THENCE WESTERLY ALONG SAID CENTERLINE
1800 FEET MORE OF LESS; THENCE, DEPARTING SAID CENTERLINE, NORTH
28°59 ' 05" EAST, 1006 FEET MORE OF LESS TO A POINT ON A NON-TANGENT
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 600. 00 FEET;
THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, 365. 63 FEET
THROUGH A CENTRAL ANGLE OF 34°54 ' 55" (CHORD BEARING SOUTH 43°33 ' 27"
EAST) TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 600 . 00 FEET; THENCE SOUTHEASTERLY
365. 63 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
34°54 ' 55 ' ; THENCE SOUTH 61°00 ' 55" EAST 400. 00 FEET TO THE POINT OF
BEGINNING. SAID PARCEL LYING WEST OF STATE ROAD 437 AS MAINTAINED
AND MONUMENTED IN THE FIELD, AND CONTAINING 23 . 0 ACRES MORE OR
LESS .
SAID LANDS AS DESCRIBED IN PARCELS A, B1, B2 , B3 , C, C1, D,E, AND F LYING
IN ORANGE COUNTY, FLORIDA, CONTAINING 539 . 9 ACRES MORE OR LESS .
2 OF 2
I . ! :( )FIS(11_ FAN INC.
SITE LOCATION MAP
CITY OF OCOEE
INITIAL ZONING PETITION
CASE No. 2 - 121AR - 92
WEST
AREA: q g g , q PROPOSED ZONING
PARCEL -Aa: R-1-.A
PARCEL 193": C-2
PARCEL x C` :R-1 AA
PARCEL -5. :R-3
PROPERTY TAX ID: SEE ATTACHED SHEET FOR UST PARCEL."F' .0-2
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