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HomeMy WebLinkAboutO-1243y 7 • rMM roP In Vft C. eF r �0-t O •.r S ORDINANCE NO. 1243 AN ORDINANCE AMENDING ORDINANCE NO. 557 KNOWN AS THE ZONING ORDINANCE CONCURRENT WITH ANNEXATION TO BE KNOWN AS THE WATERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, as follows: The ordinance known as the Zoning Ordinance (No. 557), adopted 11 August 1975, together with the Zoning Map of the City of Fairhope, be and the same hereby is changed and altered in respect to that certain property described below: The appropriate public notice and hearing of the Planning and Zoning Commission of the City of Fairhope, Alabama, has forwarded a favorable recommendation. The property of Barbara Corte, located North of Highway 104 and West of Highway 181 aka County Road 27, Fairhope, Alabama. TAX PARCEL 64-02-03-0-000-004.001 Legal Description: (Case Number ZC 05.06) Commence at the "locally accepted" Northeast corner of the South % of the Northeast '/4 of Section 3, Township 6 South, Range 2 East, Baldwin County, Alabama; Run thence South 00 degrees 17 minutes 38 seconds West for 300.00 feet; Run thence North 89 degrees, 56 minutes, 40 seconds West for 40.00 feet to the West right-of-way of Alabama Hwy No. 181, formerly County Road No. 27, (aka Belforest Road) for the point of beginning; Run thence South 00 degrees, 17 minutes, 38 seconds West along the West right-of-way of said Alabama Hwy No. 181 for 1710.80 feet; run thence North 89 degrees, 40 minutes, 01 seconds West for 1275.08 feet; Run thence South 00 degrees, 24 minutes, 35 seconds West for 649.73 feet; Run thence South 00 degrees, 24 minutes, 52 seconds West for 1262.23 feet; run thence South 89 degrees, 40 minutes, 01 seconds East for 404.81 feet; run thence South 00 degrees, 24 minutes, 52 seconds West for 20.00 feet to the North right-of-way of Alabama Hwy No. 104; Run thence North 89 degrees, 40 minutes, 01 seconds West along the North right-of-way of said Alabama Hwy No. 104 for 424.81 feet; Run thence North 00 degrees, 24 minutes, 52 seconds East for 1282.26 feet; Run thence North 00 degrees, 24 minutes, 35 seconds East for 1324.64 feet to the " locally accepted" Northeast corner of the West '/z of the Southeast '/4 of Section 3, Township 6 South, Range 2 East; run thence North 89 degrees, 47 minutes, 04 seconds West for 1980.18 feet to the "locally accepted" Southwest corner of the East % of the Southeast of the Northwest '/4 of Section 3, Township 6 South, Range 2 East; run thence North 00 degrees, 22 minutes, 23 seconds East for 668.99 feet; run thence North 56 degrees, 30 minutes, 35 seconds East for 515.83 feet; run thence North 78 degrees, 25 minutes, 38 seconds East for 347.42 feet; run thence South 89 degrees, 56 minutes, 40 seconds East and parallel with the North boundary of the South %s of the Northeast '/4 of Section 3, Township 6 South. Range 2 East for 2504.26 feet to the West right-of-way of said Alabama Hwy No. 181 and the Point of Beginning. Contains 95 acres more or less. 1. That, Attached as "Exhibit A" is an approved site plan. The property must develop in substantial conformance with the approved site plan. Any substantial deviation from the attached site plan, as determined by the Director of Planning and Building, will require re -approval by the Planning Commission and the City Council of the City of Fairhope, Alabama, as a PUD amendment AVFIHOPE P.O. DWR 429 FAIRHOPE, AL 36533 r CC .6 W m � U Eli �0 a- W a- 0. Z UW W OH o Ordinance No. 1243 The Waters Page —2- 2. That, the following development regulations shall govern: Lot sizes: There shall be 89 lots. Lots 1-89 shall be in substantial conformity with the sq. ft. indicated on the site plan. Uses: Lots 1-89 shall be single family. Home -based businesses are permitted according to City regulations. Building Height: 35' to the ridge of the roof. Lot Coverage: Maximum lot coverage is 60%. Setbacks: These are indicated on the site plan. Accessory Buildings: Granny flats, pool houses, and garage apartments with a maximum of 650 sq. ft. are permitted. Building height cannot exceed the height of the principal structure. Accessory building must meet setback requirements, except a 5 foot encroachment is permitted. 3. That, the primary exterior construction materials shall be brick, wood, hardi-plank, stucco. 4. That, all signs must meet City requirements. 5. That, all landscaping requirements will be met or exceeded. The property is hereby zoned a Planned Unit Development (PUD) concurrent with annexation into the City of Fairhope. This property shall hereafter be lawful to construct on such property any structures permitted by Ordinance No. 557 and to use said premises for any use permitted or building sought to be erected on said property shall be in compliance with the building laws of the City of Fairhope and that any structure shall be approved by the Building Official of The City of Fairhope and that any such structure be erected only in compliance with such laws, including the requirements of Ordinance No. 557. Severability Clause - That it is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph, or section. Effective Date - This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED ON THE 251h day of April , 2005 Attest: c Geniece W. Johnson, City/ ity lerk/Treasurer M. &��Wh ., CITY OF FAIRHOPE P.O. DWR 429 FAIRHOPE, AL 36533 Instrusent 964714 Rage 20f 4 0 SEND TO: ORDINANCE NO. 1243 ADOPTED 4/25/05 CONDITIONAL PETITION FOR ANNEXATION We, the undersigned Petitioner/s, owner/s of the lands in fee simple described in the attached Exhibit A, such property being without the corporate limits of the City of Fairhope, Alabama, but being contiguous to the said corporate limits, and such property not lying within the corporate limits or police jurisdiction of any other municipality, do, by these presents, petition the City of Fairhope, a municipal corporation, that said property be annexed into the City of Fairhope, Alabama. The subject land is delineated on the map attached hereto as Exhibit B. This Petition is filed under authority of Section 11-42-21, Code of Alabama, 1975, as amended. The Condition of the Petition is that zoning be established as PUD concurrent with annexation. In Witness Whereof, the Petitioner/s have caused these presents to be executed this o�� w day of • 6. 0A rint Petitioners Name Print Petitioners Name COPY OF TAX 'T UST BE �1TTgqr�H nn. TAX PARCEL NO. 46-02-03-0-000-004.001 Mail Address ountAT y Koazf �7 Fa ( ) Residential Address Phone ied Size of Property 95 Ac. Occupied, , give housing units # persons each unit Race Unoccupied,give proposed use; show number of lots, houses, cost, etc: Residential (COPY OF LEGAL DESCRIPTION OF PROPERTY MUST BE SUBMITTED WITH PETITION. DESCRIPTION ON TAX RECEIPT USUALLY NOT SUFFICIENT.) STATE OF ALABAMA, COUNTY OF BALDWIN I, a Notary Public in and for said State and County, hereby certify Chat the above Pititioner/s whose name/s are signed to the foregoing petition and who is/are known to me, this day appeared before me and, being first duly sworn, acknowledged that he/she/they have voluntarily executed this Pet1ti n n the day the same bears date. Given under my hand and seal this ; ay of -iar- seal co 0 = 4. .rf w 4 Not/ry 11ub1 My commission expires b - J-Z - CITY OF FAIRHOPE , P. 0. DWR 429 FAIRHOPE, AL 36533 Instmaent 994714 Page 3of 4 r S-END -TO. CITY OF FAIRHOPE ORD NO. 1243 PETITION FOR ANNEXATION ADO 4/25/05 SITE ' 20 Foot 20 Foot m r m r Z H k-� The Waters at Fairhope, A Planned Unit Development. To the South of the Site is Zoned R-1 Single Family. NN The proposed Site is contiguous to the adjacent property. CITY OF FAIRHOP- COF 1315 D. POVMI 4I20M FAIRHOPE, AL 36593 Instrusent 964714 Page 4of 4 4 m0E0MC� JUN 2 0 2005 ADRIAN T. JOHNS RIDGE OF PROBATE Archive Fee f5.00_ DP Fea — D2ed lax _----- tvl.,rt�j,re R,_©9 ny Fee Ind -,A F ' lobo 9S5'I -„t t'T_.' 74 1 A / FINA1, RETORT OF %ON(N(, AMENDMENT �I-cxtCliant,ctoZoiiiiigOrdiiiaiice Request for change of Zoning District By: Tat TAA (Applicant) Description and IM-11) is attached The Commission has held a public liearing on this matter prior to this final report and wishes to report to the Fairilope City Council as follows: _We (Do) (Do Riot) recommend the proposed zoning text changes as wise, expedient and necessary for the benefit of the City We find that tite proposed zoning district change (is) (Is Not) in conformity with the comprehensive plan and in the best interests of the City as a whole, and (Do) (Do Not) Recommend that tite City Council adopt an ordinance implementing the proposed changes as provided by law. i i Members Present Rev. 9/9S Voting Aye Voting Nay Abstain Respectfully submitted: hai�&" . - rman IVD 1,p. 04-20-J5AO g. r?CVD CITY OF FAIRHOPE CITY COUNCIL COVER SHEET 25 April 2005 05.06 Public Hearing to Consider the Request of Mr. Pat Achee for Annexation Contingent on a Zoning Change from RI -Single Family' to a Planned Unit Development (Generally Located West of St. Hwy 181 and North of St Hwy 104) Mr. Pat Achee has made an application to annex and zone 95 acres as a Planned Unit Development. The property is currently located outside of the City. It will annex in via property that Barbara Corte owns. The development is proposed to be a low density single family project that is reminiscent of the Woodlands phase 2. The issues associated with this request are as follows: Comprehensive Plan: The request is not contrary to the Plan. Setbacks: These are indicated on the site plan. Access: The property is proposing a singular access point to St. Hwy 181, with decel and accel lanes. They have setback the development to account for the proposed expansion of 181. Layout: The development is proposing stubs in several directions in an effort to reflect the.spirit of the subdivision requirements. The layout, however, does not meet the subdivision regulations. The development should provide another stub to the South somewhere between lots 74- 82. This will allow a connection for the neighborhood to the South, when the property develops. This way the residents of the Waters will not have to get onto 181 in order to go South. They are also requesting to not pave the stubs. Building Height: The developer is proposing 35' to the ridge of the roof. Lot Coverage: Proposal is 60%. Accessory Building: This has been provided and is attached. �a� Wetlands: The developer will be using the fill permit granted by the Corps of Engineers. Planning Commission: Attached are the minutes of the March meeting. The Planning Commission recommended denial of the request, 2 members voted against the motion to deny. STAFF RECOMMENDATION: This case is difficult. The Somerby projects completed by the Daniel Corporation are fine developments. However, there are certain aspects of the location of this proposal that do not make planning sense. The density of 179 dwelling units on 22.23 acres is not congruent with the neighborhood. Of course there is the "double frontage" lot issue and the filling of the wetlands (which has been discussed too much extent previously). Portions of this property do have the ability to be developed without waivers or wetlands issues, as we approved for Mr. Breland some years ago. Respectfully Submitted for Consideration, .4 V . PX Christopher C). Baker, AICP Director of Planning and Building CITY OF FAIRHOPE PETITION FOR ANNEXATION SITE 20 Foot 20 Foot m r r Z The Waters at Fairhope, A Planned Unit Development. To the South of the Site is Zoned R-1 Single Family. / N The proposed Site is contiguous to the adjacent property. COFGM D. Powdl 4l1006 011 EXHIBIT "A" DESCRIPTION COMMENCE AT THE "LOCALLY ACCEPTED" NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA; RUN THENCE SOUTH 00 DEGREES 17 MINUTES 38 SECONDS WEST FOR 300.00 FEET; RUN THENCE NORTH 89 DEGREES 56 MINUTES 40 SECONDS WEST FOR 40.00 FEET TO THE WEST RIGHT-OF-WAY OF ALABAMA HIGHWAY NO. NO. 181, FORMERLY COUNTY ROAD NO. 27, (AKA BELFOREST ROAD) FOR THE POINT OF BEGINNING; RUN THENCE SOUTH 00 DEGREES 17 MINUTES 38 SECONDS WEST ALONG THE WEST RIGHT-OF-WAY OF SAID ALABAMA HIGHWAY NO. NO. 181 FOR 1710.80 FEET; RUN THENCE NORTH 89 DEGREES 40 MINUTES 01 SECONDS WEST FOR 1275.08 FEET; RUN THENCE SOUTH 00 DEGREES 24 MINUTES 35 SECONDS WEST FOR 649.73 FEET; RUN THENCE SOUTH 00 DEGREES 24 MINUTES 52 SECONDS WEST FOR 1262.23 FEET; RUN THENCE SOUTH 89 DEGREES 40 MINUTES 01 SECONDS EAST FOR 404.81 FEET; RUN THENCE SOUTH 00 DEGREES 24 MINUTES 52 SECONDS WEST FOR 20.00 FEET TO THE NORTH RIGHT-OF-WAY OF ALABAMA HIGHWAY NO. 104; RUN THENCE NORTH 89 DEGREES 40 MINUTES 01 SECOND WEST ALONG THE NORTH RIGHT-OF-WAY OF SAID ALABAMA HIGHWAY NO. 104 FOR 424.81 FEET; RUN THENCE NORTH 00 DEGREES 24 MINUTES 52 SECONDS EAST FOR 1282.26 FEET; RUN THENCE NORTH 00 DEGREES 24 MINUTES 35 SECONDS EAST FOR 1324.64 FEET TO THE "LOCALLY ACCEPTED" NORTHEAST CORNER OF THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 2 EAST; RUN THENCE NORTH 89 DEGREES 47 MINUTES 04 SECONDS WEST FOR 1980.18 FEET TO THE "LOCALLY ACCEPTED" SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHEAST OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 2 EAST; RUN THENCE NORTH 00 DEGREES 22 MINUTES 23 SECONDS EAST FOR 668.99 FEET; RUN THENCE NORTH 56 DEGREES 30 MINUTES 35 SECONDS EAST FOR 515.83 FEET; RUN THENCE NORTH 78 DEGREES 25 MINUTES 38 SECONDS EAST FOR 347.42 FEET; RUN THENCE SOUTH 89 DEGREES 56 MINUTES 40 SECONDS EAST AND PARALLEL WITH THE NORTH BOUNDARY OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 2 EAST FOR 2504.26 FEET TO THE WEST RIGHT-OF-WAY OF SAID ALABAMA HIGHWAY NO. NO. 181 AND THE POINT OF BEGINNING. P:\PROJECTS\416301\416301LG THE SANCTUARY LG & EASEMENT COMBINED 1-24-05 Y .I I I I -U-, _U_ _U_ —4— I RXI,STINC LAKE i I N747 I I y" 0 3� I N Barbara Corte 22353 Co. Rd. 27 Fairhope, Alabama 36532 0 0 Q Barbara Corte .22363 Co. Rd. 27 Fairhope,Alabama 3683,E All Alk Nv S89.66"4O"E 2504,26' LOCALLY ACCEPTED SOUTHWEST M1 CORNER OF THE EAST ONE—HALF OF THE SOUTHEAST ONE —QUARTER; W W OF THE NORTHWEST ONE —QUARTER 0� OF SECTION 3, TOWNSHIP 6 SOUTH, w w RANGE 2 EAST W PER PLAT BY C. MICHAEL ARNOLD W LOCALLY,ACCEPTED NORTHEAST W (AL PLS NO, f 2940) DATED 1123103 W CORNER OF THE WEST ONE—HALF OF THE SOUEAST ONE—UARTER OF SECTION 3 TOWNSHIP 6 SOUTH, w y RANGE 2 EAST 1980, f 8 PER PLAT BY C, MICHAEL ARNOLD N89.47' 04" W (AL PLS NO. 12940) DATED 1123103 Y A I Corte, Jr. Jae Johnson 23 f34 Co. Rd. 27 f 9059 Greeno Rd. Fairhope, Alabama 36532 Fairhope, Alabama 36632 46--02-03-0-000--004.000 46-02--03-0-000-004.003 RP480, PAGE 963 INSTRUMENT # 603508 E M to e 1275,08 0 17arb:,.ra Corte 22353: Co, Rd. 27 Fairhope;= Alabama 36632 Frc 0 U 4O, 00 N89.56' 40" W o 9 I I CD cv I zs - doe Johnson p 19069 Greeno Rd. Fairhope, Alabama 36532 C]_. Q c—i ¢ 04 75 f "e J � a o ,D Ul_., _..�.._.._..__.._.._.. _.._.. _.. _.._.._.._ _ .._.._.._.._.. _..T.._.._.,_..�.._.._.. �.. _..,.. _.,_.._.._.. _.. _..__,.�.. ��. U 0) FAIRHOPE CITY LIMITS ZONE R—fA 0 n Cl.. ........... _. -- - ____._.._ ._. __ _._ - ______.-.._ __ .____ _._. _ _..._._.____.. _.... _._ __ __ __ .......... _ _ _..._ _. __. _ . _ . _ -- -- _ r ---7 i i r I I t i I 1 S00.2452" If' S89'40' 01 "E 20. DO' 404.8 f' t- ;WAN i p'I . PAC, (LOCALLY ACCEPTED NORTHEAST CORNER OF THE SOUTH ONES -HALF OF THE NORTHEAST QUARTER OF ,SUCTION 31 TOWNSHIP 6S, RANGE 2E) PER PLAT BY C, MICHAEL ARNOLD (AL PLS NO, f2940) DATED 1123103 4.Gg.tf7, i \ _.. _. -ALAB"A•K--WY-#.fO4- _ _..._.,__.._ _ .. .. _.._ FAIRHOPE CITY LIMITS, ZONE R—fA ANNEXATION DESCRIPTION M Eastern .�Church Shore r r . _ - rr Friends r •�� .�. Cemetery 1 ri, �k`� '.—�1_-. Ir r r ..r _... ,Ir ,rw �..r -r. it � �■, rII• �' School 1 - VICINITY MAP' i 1 COMMENCE AT THE "LOCALLY ACCEPTED',:NORTHEAST CORNER OF THE SOUTH ONE— HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 2 EAST, BALDWIN COUNTY, ALABAMA (PER MAP BY C. MICHAEL ARNOLD, AL PLS NO. 12940 DATED 1/23/03); RUN THENCE SOUTH 00 DEGREES 17 MINUTES 38 SECONDS WEST FOR 300.00 FEET; RUN THENCE NORTH 89 DEGREES 56 MINUTES 40 SECONDS WEST FOR 40.00 FEET TO THE WEST RIGF'T—OF—WAY OF ALABAMA HIGHWAY NO. NO. 181, FORMERLY COUNTY ROAD NO. 27, (AKA BELFOREST ROAD) FOR THE POINT OF BEGINNING; RUN THENCE SOUTH 00 DEGREES 17 MINUTES 38 SECONDS WEST ALONG THE WEST RIGHT-OF—WAY OF SAID ALABAMA HIGHWAY NO. NO. 181 FOR 1710.80 FEET; RUN THENCE NORTH 89 DEGREES 40 MINUTES 01 SECONDS WEST FOR 1275.08 FEET; RUN THENCE SOUTH 00 DEGREES 24 MINUTES 35 SECONDS WEST FOR 649.73 FEET; RUN THENCE SOUTH 00 DEGREES 24 MINUTES 52 SECONDS WEST FOR 1262.23 FEET; RUN THENCE SOUTH 89 DEGREES 40 MINUTES 01 SECONDS EAST FOR 404.81 FEET; RUN THENCE SOUTH 00 DEGREES 24 MINUTES 52 SECONDS WEST FOR 20.00 FEET TO THE NORTH RIGHT—OF-WAY OF ALABAMA HIGHWAY NO. 104; RUN THENCE NORTH 89 DEGREES 40 MINUTES 01 SECOND WEST ALONG THE NORTH RIGHT-OF—WAY OF SAID ALABAMA HIGHWAY NO, 104 FOR 424.81 FEET; RUN THENCE NORTH 00 DEGREES 24 MINUTES 52 SECONDS EAST ALONG THE FAST LINE OF PROPERTY OWNED BY JOE JOHNSON (AS RE('""'ED IN INSTRUMENTS #50350% PROBATE [, �'DRDS, BALDWIN COUNTY, AL) GR _ ,J2.26 FEET; RUN THENCE NORTH 00 DEGRL-�J 24 MINUTES 35 SECONDS EAST ALONG THE EAST LINE OF PROPERTY OWNED BY JOE JOHNSON (AS RECORDED I\f IN 4 RECOR I ' S T RIJMENT #503508, PRO'BATE FtECC W81 ALU1%1%It COUNT'; AL��1=UR 1324.64 FEET TO THE "LOCALLY ACCEPTED" NORTHEAST CORNER\OF THE WEST ONE— HALF OF THE SOI�' AST QUARTER OF SECTION 3, TOWNSHIP OUTH, RANGE 2 EAST (PER MAP 13 �, MICHAEL ARNOLD, AL PLS NO. 12940 DAT��4/23/03); RUN THENCE NORTH 89 DEGREES 47 MINUTESi!04 SECONDS WEST ALONG THE NORTH LINE OF PROPERTY OWNED BY JOE JOHNSON (AS RECORDED IN INSTRUMENT #503508, PROBATE RECORDS, BALDWIN COUNTY, AL) AND PROPERTY OWNED BY A. I. CARTE, JR (AS RECORDED IN RP 480, PAGE 963, PROBATE RECORDS, BALDWIN COUNTY, AL) FOR 1980.18 FEET TO THE "LOCALLY ACCEPTED" SOUTHWEST CORNER OF THE EAST ONE—HALF OF THE SOUTHEAST OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 2 EAST (PER MAP BY C. MICHAEL ARNOLD, AL PLS NO. 12940 DATED 1/23/03); RUN THENCE NORTH 00 DEGREES 22 MINUTES 23 SECONDS EAST ALONG THE WEST LINE OF THE EAST ONE HALF OF THE SOUTHEAST OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 2 EAST (PER MAP BY C. MICHAEL ARNOLD, AL PLS NO. 12940 DATED 1/23/03) FOR 668.99 FEET; RUN THENCE NORTH 56 DEGREES 30 MINUTES'35 SECONDS EAST FOR 515.83 FEET; RUN THENCE NORTH 78 DEGREES 25 MINUTES�,38 SECONDS EAST FOR 347.42 FEET; RUN THENCE SOUTH 89 DEGREES 56 MINUTES 40 SECONDS EAST AND PARALLEL WITH THE NORTH BOUNDARY OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 2 EAST (PER MAP BY C. MICHAEL ARNOLD, AL PLS NO. 12940 DATED 1/23103) FOR 2504.26 FEET TO THE WEST RIGHT—OF-WAY OF SAID ALABAMA HIGHWAY NO. NO. 181 AND THE, OINT OF BEGINNING. i 1, JEFFERSON MARSHALL SMITH, SR., A REGISTERED PROFESSIONAL LAND SURVEYOR, FOR VOLKERT & ASSOCIATES', INC. STATE THAT THE ABOVE DESCRIPTION WAS PREPARED FOR THE PURPOSE OF ANNEXATION INTO THE CITY OF FAIRHOPE. THIS THE 24TH DAY OF FEBRUARY, 2005. .� nl 2ZIFERSON MARSHALL SMITH, CENSE NO.26283 GRAPHIC SCALE 200 a 100 200 400 1N FEET ) 1 inch = 200 ft. EXHIBIT 9 9 800 nr, 0 < <z � UW z Q Q p WF— � U Q W J Q L!_ WW z d T w a M z Lij q w d 2w fn U PROJECT NO, NO. 1 416301.50 OF 1 SHEETS