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HomeMy WebLinkAboutDOCUMENTS 2 - 08-00544 - Meurs Subdivision - Preliminary PlatPreliminary /Final Plat 5 '`r . C r T Y OF .................... PERMANE D Orig ination D gg �g rr a -107 City of Rexburg Ori 9 17No Phone: 208.359.3020 Amcr7ut. li roily Community C ompietiomDaW; !a a xburg.org Fax: 208.359.3022 LOCAL STATE STORAGE ❑ ARCHIVES -City of Rexburg Records M otion for Approval of Preliminary Subdivision Plat The attached Subdivision plan has been prepared in accordance with the Subdivision Regulations of the City of Rexburg, and the following items are shown on the plan or plans, or explanations given with respect thereto. Requirements for Preliminary Plats All Preliminary Plats shall be 24' x 36' foldable, drawn to scale, North point, dated. The following shall be shown on the Preliminary Plat or shall be submitted separately: 1. The name of the proposed subdivision: Meurs Subdivision 2. The location 1321 South Yellowstone Hwv Acreage 4.95 Number of Lots 3 The names, addresses and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat: Subdivider Name: RexbusZLodaingAssodates. LLC Address: 150 hest 1450 North Suite A Phone Number: (801) 375 -7800 Cell Number: Engineer Name: Aaron Swenson Address: 350 N. 2 "� East Rexburg ID. Phone Number: (208) 356 -9201 Cell Number: (208)351 -3209 Surveyor Name: David Lee Address: 350 N. 2 " East Rexburg, ID. Phone Number: (208) 356 -9201 Cell Number: X208) 351 -9814 4. The name and address of all property owners within 300 feet of the external boundaries of the subdivision whether or not bisected by a public right -of -way as shown on record in the County Assessor's office. See Plat gra 5. The legal description of the subdivision. See Plat 9 i 6. A statement of the intended use of the proposed subdivision such as: Residential — (single family, two - family and multiple housing); Commercial, Industrial, Recreational or Agricultural. Show sites proposed for parks, playgrounds, schools, churches or other public areas. 7. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development. 8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1 /2 mile of minim radius, scale optional). 9. Streets, street names, rights -of -way, and roadway widths, including adjoining streets or roadways, curbs and sidewalks. 10. Lot lines and blocks showing the dimensions and numbers of each. 11. Contour lines, shown at five (5) feet intervals where land slope is greater than ten percent (10 %) and at two (2) feet intervals where land slope is ten percent (10 %) or less, referenced to an established bench mark, including location and elevation. 12. Any proposed or existing utilities including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drains, bridges, culverts, water mains, fire hydrants, power, gas, street lights and their respective profiles and easements. 13. A copy of any proposed restrictive covenants and /or deed restrictions. (To be attached or submitted with final plat). 14. Any dedications to the public and /or easements, together with a statement of location, dimensions, and purpose of such. Please complete the following: (If not applicable, please fill in with N /A) 1. What is the land use and existing zoning of the proposed subdivision and the adjacent land? A cultur e -Zoned Regional Business Center. Adjacent land use is N mainly agdcultrri-e wit/7 the land to the east and north honed Regional Business Center, land to the south ' 1oned transitional agizculture, and land to the west ,oned light industrial. Does subdivision conform to present zoning? Yes 3. Requested zoning: n/a 0 4. Variance Requested: Yes No x (If yes, attach written request) Requesting annexation to City? n/a ITEMS FOR CONSIDERATION Probable impact of the proposed project on the environment effect on: a. Public safety and convenience The area will see some increased traffic. Road widening with the extension of the left turn lane and widened shoulder for de- acceleration will hep to accommodate the increased trafc. b. Fire, police, and ambulance services Small impact to emergency services do to the people the hotel will draw from out of town. c. Recreation It is anticipated that this Hotel will draw recreational minded tourists. d. Schools 1VeDi minimal, could potentially draw new employees to town that could have school age children. e. Displacement or relocation of people None f. Land values Should go up g. Local and long - distance travel, i.e., highway and local road impact IYlill likely draw out of state tourists that would come in off the highway h. Behavior of wildlife species 117inimal, due to the existing use of the property and the land use of the surrounding area. i. Water quality and effect on underground water supply Ground water quality willgo down slightly with storm water now draining from an asphalt surface. However several BMP's have been put into place to reduce that effect. j. Noise pollution Minimal, and only in the added vehicles to the roadway. k. Air pollution Minimal 1. Method proposed to dispose of storm drainage waters On site storm drain infiltrators. m. Extent of increased city road maintenance, including snow removal Only in the widening of the existing roadway required by the city. n. Flood plain — methods proposed to alleviate effect of 100 -year flood; effect on adjacent properties. Out side of 100 year flood plain. Storm retention designed to handle 50 year storm. Site designed to store 100 year storm. o. provisions for housing for persons of low and moderate income None p. Harmony with the character of surrounding developments Near by newly constructed Americinn Lodge, acrd Hen's Fork I'latia. ich are similar developments. 2. Probable adverse environmental effects which cannot be avoided a. Traffic Use Manageable increase, See traffic impact study b. Rights -of -way required Property for the required widening of South Yellowstone Hwy deeded to the city. c. Pollution effect on existing environment Some, due to the increased trafc volume. 3. Relationship between local short -term uses of man's economic environment and the long -term productivity. a. Existing vs. proposed tax base IYlilling to calculate if required. b. Costs to City if proposal approved (annual) milling to calculate if required 4. Measures taken to minimiz harmful effects on environment a. Effects of construction activities Best Management Practice for the constriction required. b. Erosion control Best Management Practice for the construction required. c. Stream pollution prevention Best Management Practice for the construction required. d. Borrow -pit rehabilitation N/A e. Fencing None f. Buffer zones 5' landscape buffer on the East, 3' landscape buffer on the south. g. replacement of parklands or farmlands None 5. Is this plat plan harmonious with and in accordance with the general objectives or with any specific objective of the City's Comprehensive Plan? Yes, the preferred land use in the comprehensive plan for the this area is commercial. IF YOU DAVE ANY QUESTIONS, PLEASE CONTACT THE REXBURG PLANNING AND BUILDING DEPARTMENT r a Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 O� AEX BURL!' u� o C1 T Y O F REX America's Family Community Meurs Subdivision — Preliminary Plat 1. On November 6, 2008, Aaron Swenson of Forsgren Associates, representing Rexburg Lodging Associates, presented to the Rexburg Planning & Zoning Coordinator a Request and Application for a Preliminary Plat for Meurs Subdivision located at 1321 South Yellowstone Hwy.. 2. On November 20, 2008, Aaron Swenson presented to the Rexburg Planning & Zoning Commission the Request for approval of the Preliminary Plat for Meurs Subdivision. Charles Andersen motioned to recommend approval to City Council of the Preliminary Plat for Meurs Subdivision at 1391 South Yellowstone Hwy., to include all staff comments, to reference deeds on the final plat showing previously deeded city ownership, that connectors to adjacent properties to the east be identified, to show common use access easements on the final plat, and to recommend that the applicant include details with the final plat materials regarding the uses on each of the 3 lots. Josh Garner seconded the motion. None opposed. Motion carried. 3. On December 3` 2008 Council Member Erickson reviewed the Conditional Use Permit requiring two interior access points to property on the east and north. City Attorney Zollinger suggested a motion requiring the development to comply with the conditions set forth in the Conditional Use Permit approval which required interior access to other property on the east and north. It could be a condition in the development agreement. Council Member Stevens reiterated the need to have interior access to tbis development for future adjoining developments. He did not a wall built around this development limiting any access from adjoining properties. Council Member Schwendiman did not want additional accesses onto Yellowstone Hwy. Council Member Stout moved to approve Preliminary Plat for Meurs Subdivision at 1321 South Yellowstone Hwy as approved by the Planning and Zoning Commission with access points to the east and north properties as discussed; also, delineate in the development agreement to abandoned the north access point to the South Yellowstone Hwy if a new road is constructed entering into the property within 150 feet of the north access point; Council Member Schwendiman seconded the motion; Discussion: Council Member Stevens asked if the access points need to be specified on the plat. City Attorney Zollinger explained the development agreement would specify a required access point to the north and to the east. All voted aye, none opposed. The motion carried. r AFTER RECORDING MAIL TO: The City of Rexburg, a Municipal Corporation 12 N Center Street Rexburg, ID 83440 0 Microfile No. 348341 26 DAY AUG 2008 At 02 O'Clock 38 M MARILYN RASMUSSEN MADISON CO RECORDER Fee $6.00 SKII Deputy Recorded at Request of FIRST AMERICAN TITLE - RE QUITCLAIM DEED For Value Received, Rexburg Lodging Associates 1, LLC, do(es) hereby convey, release, remise, and forever quit claim unto The City of Rexburg, a Municipal Corporation, whose address is 12 North Center Street, Rexburg, ID 83440, herein after called the Grantee, the following described premises situated in Madison County, Idaho, to -wit: See Attached Legal Description Exhibit'A' together with its appurtenances. Dated: ��zO fD r David L Holcomb, Manager STATE OF Utah ) 11 ss. COUNTY OF i J A C). (\ ) On this I.c day of August, 2008, before me, a Notary Public in and for said State, personally appeared David L Holcomb, known or identified to me to be the person whose name is subscribed to the within Instrument as one of the Managers /Members of the Rexburg Lodging Associates 1, LLC, which Is known or identified to me to be the entity whose name is subscribed to the within instrument and acknowledged to me that he executed the same in id Limited Liability Company's name. •' ""�:•, KATHRYN RU12 Nota Public of Utah NOTAWMAIW • MIEofWAN Resid at: , �a.r ILva a n9 1�tc»�, uT PWft unw 6" Commission Expires: �� Oln Z � O ••• COW EXP. 09-W2010 Page 1 of 1 348341 6 0 EXHIBIT 'A' LEGAL DESCRIMON: Commencing at a City of Rexburg brass control monument recovered at the C114 of Section 36, Township 6 North, Range 39 East of the Boise Meridian, Madison - County, Idaho; Thence S00 20 38 "E, 822.38 feet along the north /south centerline of Section 36 to a point; Thence S8939'14"W, 205.10 feet to a recovered rebor with plastic cap stomped "ROLAND PLS 9369'; Thence S89 52'53"W, 199.74 feet to o recovered rebor with plastic cop stomped "ROLAND PLS 9369 Thence N56 27 21 "W, 95.93 feet to a point 27 feet distant at right angles from the existing right of way line of Old Highway 191 (South Yellowstone Highway) and the True Point of Beginning; Thence S3008'23 "W, 518,85 feet parallel with and 27 feet distant at right angles from the existing right of way line of Old Highway 191 .(South Yellowstone Highway) to a point on the boundary of a City of Rexburg lift station tract; Thence N365328 "W, 29.33 feet along the boundary of said lift station tract to a rebor with plastic cap stamped "ROLAND PLS 9369" recovered on the easterly right of way line of Old Highway 191 (South Yellowstone Highway); Thence N30082J"E,, 509.02 feet along the easterly right of way line of Old Highway 191 (South Yellowstone Highway) to o recovered rebor with plastic cap stomped "ROLAND PLS 9369';• Thence S562721'E, 27.05 feet to the True Point of Beginning, said parcel contains 0.32 acres m ore or less. Initia Paw 1 of 1 348341 Li :` - .hl.! t. t)N ID :i : :' 17 0N TZFC'1_." ii;. Sftisn ['2rl litlili 0. iii 111! (L't 1'El fIIli,tto. and r \:... ..�.� °�\ ] "s.,.. .. -^ II:. v ;1I1>1 i :.�tl''.'C`. ,..,.. _ >, M R exh ur" lt tic :.... ... •s 'i;'.., ... _..:r he,; rcai ostate sitaau( :d in Nla•.',ison County St -. tc of !dalho. :o-.vit: -, tract : ;u ^.d ; }]ng in Madison Coun� /, !aaho in the fJEi SING ci Section 36, To :vnsna vo tr:. Fame 39 East of the Boise 'Jed d!ari, an more particularly described as: Beginning at the SW 1116 corner of Section 36, thence N 89 °54'20" E, 482.60 feet, to the _ rue Point of Beginning said point being the intersection of 1/16 line and Old Yellowstone Hich'way right-o; -way: thence aiong said right -of -way N 30 E, 130.0 feet; thence S 37=03'31" E, 140.55 feet to the.south 1/16 line of Section 36; thence along said 1/16 line S 39'54'20" W. 150.0 feet to the True Point of Beginning Containing approx 8422 -65 ft TO HAVE AND TO HOLD the said premises, together with all tenements, hereditament, and appurtenances lhereuoto belongin„ unto the said Grantee, his successors, and assigns forever. Grantors do hereby covenant toand Ah the said Grantee that THEY are the owners in fee simple of said premises and the THEY will warart and defend Ile same from all lawful claims whatsoever. In witness thereuf, I hereto set my hand this 3 day of r/� 1998. Shiro Fujimoto - Property " Owner Brenda Fujimoto - PropertyCrimer STATE OF IDAHO ) is COUN "(-7 / Ls on this 5 - oay of , 1998, before me the undersigned, a Notary Pubiic in and for the State of Idaho, personally appeared Shiro 'ruihnoto and Brenda Fujimoto known to me or identified to me to be the persons whose name are <_ubsc t%ed to the fnregcing instrument and acimowledged to me that they executed the same. !N WITNESS ',','HEREOF, ! have hereunto set my hand and affix eal the day and year in this certificate .iry writ en above. �• ,, -. Notar/ We of train ;ate o` Idaho Ras:di'nb at. •— - {�,r,B :c./1,: � Co[trni i Expires: ,C� 1 / %7✓ - SL F':;rmoto - Pr'opert Ov.•ner S7ATE OP ss GOU\T'' OF �.irJ Srti "/ On , ^s �_!av of 1998, before me the undersigned, a Notary Pubiic in and for the State of Idaho, perso Atsu Fuii=to known to m? or identified to me to be the person v:hose name is sit scrbed in the SiP,:'^t'Gt and ac i:n ^vri edged t? me tnat he;she executed the Same. ...: Yi :..SS 'i >, .ci?EO -. . ha hereUn[C Set n'y hand and affiXEi'r'+T: �11.r ;aySeai the d3 \i a y82r �^ this Cenif ;CatE Notarl Pubic O f `he Stole Of Idaho Resioinj a'; �omrniSS in ,'j ID 0 RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL TO: First American Title Company 535 First American Circle Rexburg, ID 83440 Space Above This Line for Recorder's Use Oni WARRANTY DEED File No.: 232110 -RX (ns) Instrurrknt # 341841 REXBURG, MADISON, IDAHO 2007 -11 -28 04:28: No. of P : 2 Recorded for: FIRST AME AN TIT MARILYN R. RASMUSSE Fee: &00 Ex- Offclo Recorder Date: November 27, 2007 For Value Received, MY Nojo, LLC, an Idaho Limited Liability Company, hereinafter called the Grantor, hereby grants, bargains, sells and conveys unto Rexburg Lodging Associates 1, LLC, a Utah Limited Liability Company, hereinafter called the Grantee, whose current address is 150 W. 1450 N. Ste #A, Provo, UT 84604, the following described premises, situated in Madison County, Idaho, to- wit: Commencing at the Center Section Corner of Section 36 Township 6 North, Range 39 East of the Boise Meridian, Madison County, Idaho and running thence S00 0 20'34 "E 822.38 feet along the Center Section Line and S89 0 39'26 "W 205.13 feet to the Point of Beginning; thence S00 0 07'56 "E 483.81 feet; thence S89 0 52'04 "W 474.13 feet; thence N37 0 03'31 "W 140.60 feet to a point on the easterly right -of -way line of Yellowstone Highway; thence along said right -of -way line N30e08'01 "E 509.02 feet; thence S56 0 26'25 "E 122.97 feet; thence N89 0 52'04 "E 199.73 feet to the point of beginning. SUBJECT TO all easements, right of ways, covenants, restrictions, reservations, applicable building and zoning ordinances and use regulations and restrictions of record, and payment of accruing present year taxes and assessments as agreed to by parties above. TO HAVE AND TO HOLD the said premises, with its appurtenances, unto the said Grantee, and to the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. If 0 Date: 11/27/2007 Warranty Deed File No.: 232110 -RX (ns) - continued MY Nojo, LLC By: Shiro Fujimoto, Co- Manager By: Atsu Fujimoto, Co -Ma agar STATE OF Idaho } SS. COUNTY OF Madison On this w day of November, 2007, before me, a Notary Public in and for said State, personally appeared Shiro Fujimoto and Atsu Fujimoto, known or identified to me to be the person whose name Is subscribed to the within Instrument as one of the Managers /Members of the My Nojo, LLC, which is known or identified to me to be the entity whose name is ,�u ribed to the within ' nstrument and acknowledged to me that they executed the same in said Llnjit'ed ability Com y's n e. C r ^� r VICKI L. STEARS Notary Publ of Idaho S t ATE OF IDAHO Residing at: Idaho Falls, Idaho �10TA.R'Y PUBLIC Commission Expires: 1 -3 -2012 Page 2 of 2 g� N ae M xn �" SIDDCY1'Av IHAWI_ k tiU?iLV iR 5 5, tS � 3 SIUI?C?&AY I HANE K $ MARINA L, / / �aa HEU£LIUS CHARLES 0 A " :1aRi Jx I http: / /gis /intranet/arcims /map. aspx ?PermitPfN= Transitio MA C', O RICKS tVM RICKS t RICKS PE t i 11/7/2008 / f / t t / t I t / t / / I / / I / t ! / / / 1 / t / f � / Al t 0 1 0 . r I I t 1 t I I y V I / t / t / / I v S 7 O / / O 6• F S5. FLOYD WILCOX & SONS i _ 1 b , � , s 110 3 Al' WEST Ib /� 3565' — N O I LOT 2 N 0.93 ACRES t UTILITY —��� -_ EASEMENT — 1 M _N90'00 "W r / l I SWi 116 COR. ' / SEC._3 t / I / S895T11'W / 633.58' / J I t l / / 1 / 4EAS 1 U TING 10' WIDE ENT DESCRIBED N IN S T. x/272412 - TION \-INS I. �o I f1 I 1 .1/16 MY NOJO LLC. (M)N89 52'53 'E, 199.74' (R)N89 52'04 "E, 199.73' LOT 1 1.85 ACRES 344.23' LOT 3 2.18 ACRES M (M)S89 53'07 "W, 474.82' (R)S89 474.13' Cr ro � A � � d 4i 4i o h ED N O O K N EXISTING IRRIGATION CANAL CHARLES HEDELIUS W ET. AL. C1 14 SEC. 36 T -6 -N, R -39 -E CP &F #268777 I I (M)S8939'14 "W, 205. (R)S8939'26 "W, 205.13' P. 0. B. MY NOJO LLC. �m N N fa.i 3 4i olo OIO I O N O U) 5114 SEC. 36 T -6 -N, R -39 -E VICINITY SKETCH N 50' 25' 0 SCALE = 1" = 50' 50 IAI III PROJECT L OCA TION Meurs Subdivision Boundary Commencing at o City of Rexburg brass control monument recovered at the C114 of Section 36, Township 5 North, Range 39 East of the Boise Meridian, Madison County, Idoho; Thence S0020'38'E 822.38 feet along the north /south centerline of Section 36 to a point; Thence 58939'14 "W, 205.10 feet to a rebar with plastic cop stomped "ROLAND PLS 9369" recovered at the True Point of Beginning; Thence S00'06'05'E, 48,181 feet to a rebar with plastic cop stomped "ROLAND PLS 9369" recovered on the south line of the NE114SW714 of Section 36; Thence S8953'07 "W, 474.82 feet along the south fine of the NE1 14SW114 of Section 36 to a rebar with plastic cop stomped FA P 0 " recovered r f r d LS 3 20 ecove ed of the southeaster/ comer o/ a City o Rexburg t P Y Y 9 lift station tract; Thence N365328 "W, 110.83 feet along the boundary of said lift station tract to a point 270 feet distant at right angles from the existing right of way line of Old Highway 191 (South Yellowstone Highway); Thence N30 518.85 feet parallel with and 27 feet distant at right angles from the existing right of way line of Old Highway 197 (South Yellowstone Highwby) to o point; Thence 55627'21'5, 95.93 feet to a recovered rebor with plastic cap stamped "ROLAND PLS 9369° Thence N8952 "53'E, 199.74 feet to the True Point of Beginning, said parcel contains 4.96 acres more or less including o 10 foot wide public utility easement running along the northwesterly 10 feet of the parcel described herein and parallel to the highway right of way. DESIGN CRITERIA LAND USE LEGEND 0 CITY CONTROL MONUMENT RECOVERED 0 REBAR WITH ALUMINUM CAP RECOVERED ® REBAR WITH PLASTIC CAP RECOVERED 45,826 REBAR WITH ALUMINUM CAP (g10897)'SEI HARDSCAPE SO FT EXISTING BOUNDARY LINE 60% PROPOSED LOT LINE -- — - -- SECTION LINE — — — — — — — EXIS77NG R/W OR EASE. LINE (ss) ..._.__ EXIS77NG SS SS -- PROPOSED SS - - - - -- (w) -- EXISTING WATER IN PROPOSED WATER - -- —— SIDE WALK - - -- - - - - -- CURB AND GUTTER y HYDRANT (M) MEASURED BEARING/DISTANCE (R) RECORD BEARING DISTANCE FROM Rexburg Lodging Associates, LLC Individual Units are privately owned and maintained by the individual Unit owner. WARRANTY DEED. INST. lf341847 LAND USE TOTAL ACRES 4.96 NUMBER OF STALLS PROPOSED ROOF SO FT 40,122 19% LANDSCAPING SO FT 45,826 21% HARDSCAPE SO FT 130,110 60% SNOW STORAGE 25,927 12% PLANNING & ZONING APPROVAL Presented to the Madison County Planning and Zoning Commission on the following date at which time this Preliminary Plat was approved and accepted. z ° 0 0 o V w ~ X , � WLL Zo O Z N N m Qi r r , Oo 1� `,' a '�6ER --b a 8 d' O H� , In 0 � 0 0O alt W w f z '- 0 3 O I I O n'I v. Chairman - Plannino and Zonina Date BUILDING FOOT PRINT REQUIRED PARKING NUMBER OF STALLS PROPOSED 1 16,217 98 98 2 5,322 52 52 3 14,281 85 85 4 4,302 13 22 PLANNING & ZONING APPROVAL Presented to the Madison County Planning and Zoning Commission on the following date at which time this Preliminary Plat was approved and accepted. z ° 0 0 o V w ~ X , � WLL Zo O Z N N m Qi r r , Oo 1� `,' a '�6ER --b a 8 d' O H� , In 0 � 0 0O alt W w f z '- 0 3 O I I O n'I v. Chairman - Plannino and Zonina Date NOTES: ^'I E- 1. The intended use of this subdivision is multi - family residential, compliant with regulations set forth in the "City of Rexburg Development Code" pertaining to the High Density O y+ Residential Zone (HDRi). 6 2. According to FEMA FIRM, Madison County Community Panel No. 16065CO020D r r. effective June 3, 1991 this subdivision lies in a "Zone X ", outside of the 500 year flood plain. ENGINEER/SURVEYOR 3. Each unit consists of the entire property enclosed by the unit boundary lines, including the , FORSGREN ASSOCIATES INC. land and all improvements thereon, but subject to the Covenants, Conditions, 350 N 2ND E REXBURG, ID 83440 Restrictions and Easements set forth in the Covenants, Conditions, and Restrictions of y W i TEL. (208) 356 -9201 7 (Sy 4. Parking. Walks, and Landscaped Areas are Common Areas. "ter DEVELOPER: 5. All Common Areas are private, and will be maintained by the Homeowners Association. Rexburg Lodging Associates, LLC Individual Units are privately owned and maintained by the individual Unit owner. 150 West 1450 North Suite A 6. Blanket Easement for all utilities. Provo, Utah 84604 7. Site Benchmark, (801) 375 -7800 8. Total number of lots 3. ATTENTION _ UNEfS 21NCHES r g g AT FULL SIZE (IF NOT 2'- SCALE ACCORDINSLI')