HomeMy WebLinkAboutDevelopment Agreement 1/2/2001._ 4a __ __ __.. _
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DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Gemstar Properties, L.L.C., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this 2~!h day of ~a `t. ~ cu- , 200, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and GEMSTAR, PROPERTIES, L.L.C., hereinafter
called "OW'NER"/"DEVELOPER", whose address is 228 East Plaza Street,
PMB 211, Eagle, Idaho 83616.
1. RECITALS:
1.1 WHEREAS, "Owner" is the sole owner, in iaw and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Owner/Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15 -12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, "Owner/Developer" has submitted an
application for annexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
LowLow Densit~~Residential District (R-4)District (R-4), (Meridian City
Code §§ 11-7-2 C); and
DEVELOPMENT AGREEMENT (AZ-00-009) - 1
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1.5 WHEREAS, "Owner/Developer" made representations at
the public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning SL Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the _ day of , 2000,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
1.8 WHEREAS, both the "Findings" require the
"Owner/Developer" to enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
1.9 "DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Owner/Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this development agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
DEVELOPMENT AGREEMENT (AZ-00-009) - 2
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designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to Gemstar Properties,
L.L.C., whose address is 228 East Plaza Street, PMB 211,
Eagle, Idaho 83616, the party developing said "Property"
and shall include any subsequent owner(s)/developer(s) of
the "Property".
3.3 "OWNER": means and refers to Gemstar Properties,
L.L.C., whose address is 228 East Plaza Street, PMB 211,
Eagle, Idaho 83616, the owner of said "Property" and shall
include any subsequent owner(s) of the "Property".
DEVELOPMENT AGREEMENT (AZ-00-009) - 3
3.4 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Meridian City Code Sections 11-7-2 C which
are herein specified as follows:
(R-4~ Low Density Residential District: Only -single-
family dwellings shall be permitted and no conditional uses
shall be permitted except for planned residential
development and public schools. The purpose of the R-4
District is to permit the establishment of low density
single-family dwellings, and to delineate those areas where
predominantly residential development has, or is likely to
occur in accord with the Comprehensive Plan of the City,
and to protect the integrity of residential areas by
prohibiting the intrusion of incompatible nonresidential
uses. The R-4 District allows for a maximum of four (4)
dwelling units per acre and requires connection to the
Municipal water and sewer systems of the City.
With the further restriction that all uses and development
of the subject real property shall be governed under the
conditional use permit process as a planned development.
For the construction and development of a single family
residential subdivision.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ-00-009) - 4
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5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.A "Developer"/"Owner" shall enter into a Development
Agreement, that provides in the event the conditions
therein are not inet by the Developer that the property
shall be subject to de-annexation, with the City of
Meridian which provides for the following conditions of
development to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
5.1 Any existing irrigation/drainage ditches crossing the
property to be included in this project shall be tiled per
City Ordinance. The ditches to be piped shall be shown on
the site plans. Plans shall be approved by the appropriate
irrigation drainage district, with written confirmation of
said approval submitted to the Public Worlcs Department.
No variances have been requested for tiling of any ditches
crossing this project.
5.2 Any existing domestic wells and/or septic systems within
this project shall be removed from their domestic service
per City Ordinance. Wells may be used for nondomestic
purposes such as landscape irrigation.
5.3 Off-street parking shall be provided in accordance with
City of Meridian Zoning and Development Ordinance
(Ord. 11-13).
5.4 A drainage plan designed by a State of Idaho licensed
architect or engineer shall be required and shall be
submitted to the City Engineer for all off-street parking
areas. All site drainage shall be contained and disposed of
on-site.
DEVELOPMENT AGREEMENT (AZ-00-009) - 5
5.5 Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Section 11-13-4.C. and
2-5-2.M.
5.6 ,All signage shall be in accordance with the standards set
forth in the City of Meridian Zoning and Development
Ordinance (Ord. 11-14). No temporary signage, flags,
banners or flashing signs shall be permitted.
5.7 Provide five-foot-wide sidewalks in accordance with City
Ordinance (Ord. 12-5-2.K).
5.8 Applicant shall be required to dedicate a site near the
northeast corner of the development for a new City well.
5.9 Once the Blaclc Cat Sanitary Sewer Trunlc fee is
established and approved by the Meridian City Council,
such fees shall be applied to each building permit issued in
this development. The current estimated fee is $1,500.00
per lot.
5.10 All lots within this development shall be subject to the
applicable latecomers fees on the existing Ashford Greens
sanitary sewer lift station and water main extension.
5.11 The well lot shall be designated access to the north parcel
and access to the southeast quarter. The out parcels shall
be annexed.
5.12 Applicant shall be required to donate a minimum 30 foot
pathway that shall be required to be rough graded at the
developer's expense. In order to accommodate the 30 foot
pathway the lots along the south boarder of the
subdivision that are along the pathway may be shortened
in depth by 10 feet.
DEVELOPMENT AGREEMENT (AZ-00-009) - 6
5.13 Construction materials and type of fencing along the
pathway shall be subject to the Parlcs and Recreation
Department and Planning and Zoning Department's
approval.
5.14 Applicant shall provide a letter of credit, in the sum of the
value of the proposed park land based on the actual
acreage and the applicant's purchase price. The surety
shall be provided upon approval of the final plat for Phase
1 of Autumn Faire. It shall be exercisable by the City in
the event that three years elapse from the approval of the
preliminary plat for Autumn Faire, and the park land or
substitute property has not been transferred to the City.
5.15 The surety shall become void upon transfer of the
proposed park land or substitute property in Phase 5 to the
City of Meridian.
5.16 The City shall waive park fees associated with Autumn
Faire.
5.17 Applicant shall transfer the park land to the City upon
approval of the final plat for Phase 5 of the project.
5.18 Applicant shall provide stubbed street, sewer and water to
the proposed park as part of the construction of Phase 5 of
the project.
5.19 Upon approval of the final plat of Phase Five, applicant
will donate land for a public park, 6.8 acres or more in size,
in what is part of proposed Autumn Faire II. The value of
this land is $204,000.00.
5.20 As a condition of approval of Phases One and Two of
Autumn Faire Subdivision, the applicant will post a letter
of credit with the City in the amount of $204,000.00.
This letter of credit will be in lieu of park impact fees for
Phases One through Five of Autumn Faire.
DEVELOPMENT AGREEMENT (AZ-00-009) - 7
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5.21 If, at approval of the final plat of Phase Five, applicant
does not deed the 6.8 acre park to the City, and if the
applicant fails to provide 6.8 acres or snore of park space in
Phases Three, Four or Five of Autumn Faire, or if more
than three years elapse after adoption of these Findings
and the park site has not been donated, then, the letter of
credit shall be exercisable in favor of the City. If the 6.8
acre park site is donated as represented by the applicant
within three years of the date of adoption of these
Findings, the letter of credit shall become void.
5.22 Applicant, at its expense, will provide stubbed street, sewer
and water to any proposed park site during construction of
Phase Five of Autumn Faire.
5.23 Applicant agrees, at City's option, to provide rough and
fine grading of the park site. City shall reimburse
applicant for the unit cost (but not move in, move out, or
mobilization costs) of the rough and fine grade work done
on the park site.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer"/"Owner" or
"Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.C. § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL
OF ZONING DESIGNATION
"Developer"/"Owner" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
DEVELOPMENT AGREEMENT (AZ-00-009) - 8
7.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer"/"Owner" and
if the "Developer"/"Owner" fails to cure such failure
within six (6) months of such notice.
8. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
9. DEFAULT:
9.1 In the event "Developer"/"Owner",
"Developer"'s/"Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person
acquiring an interest in the "Property", fail to faithfully
comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this
Agreement may be modified or terminated by the "City"
upon compliance with the requirements of the Zoning
Ordinance.
9.2 A waiver by "City" of any default by "Developer"/"Owner"
of any one or more of the covenants- or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording
to "Developer"/"Owner", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
DEVELOPMENT AGREEMENT (AZ-00-009) - 9
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fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer"/"Owner", or by any
successor or successors in title or by the assigns of the parties hereto.
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
. 12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer"/"Owner" shall
have thirty (30) days after delivery of notice of said breach
to correct the same prior to the non-breaching party's
seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period,
if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing
of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be
performed hereunder by either "Developer"/"Owner" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
DEVELOPMENT AGREEMENT (AZ-00-009) - 10
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13. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that
installation of the improvements, which the "Developer" agrees to provide, if
required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Developer"/"Owner" have entered into
an addendum agreement stating when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That
"Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de-annexation if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Gemstar Properties, L.L.C.
228 East Plaza Street, PMB 211
Eagle, Idaho 83616
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
DEVELOPMENT AGREEMENT (AZ-00-009) - 11
Meridian, ID 83642
16.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale .or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction; such provision shall be
DEVELOPMENT AGREEMENT (AZ-00-009) - 12
deemed to he excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"Owner/Developer" and "City" relative to the subject matter hereof, and there
are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between "Owner/Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", to
a duly adopted ordinance or resolution of "City".
21.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement
shall be effective on the date the Meridian City Council shall adopt the
amendment to the Meridian Zoning Ordinance in connection with the
annexation and zoning of the "Property" and execution of the Mayor and City
Clerk.
DEVELOPMENT AGREEMENT (AZ-00-009) - 13
ACIQVOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
GEMSTAR PROPERTIES, L.L.C..
OWNER/DEVELOPER
BY: ~
Me er
Attest:
Member
BY RESOLUTION NO.
CITY OF MERIDIAN
BY:
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Attest:
City Cleric
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DEVELOPMENT AGREEMENT (AZ-00-009) - 14
STATE OF IDAHO
COUNTY OF ADA
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On this ~ ~~ day of ,!~titGLtit,~ in the year 2$66,
before me, ~ 1~ ~.I~t~tw-%a2•~a Notary Public, personally appeared
7~-~1'{•~( ~~~ ~ and ,
known oridentified to me to be the Members of Gemstar Properties, L.L.C.,
who executed the instrument on behalf of said Limited Liability Corporation and
acknowledged to me having executed the same.
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STATE OF IDAHO
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Notary bli r Id o
Commission expires: GI "Z~ '~~
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County of Ada ) ZGC
On this ~~ day of J ~vu~-~L ~ , in the year 2866,
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before me, a Notary Public, personally appeared "~'~~~` ~. ~'"°°'° and William
G. Berg, know or identified to me to be the Mayor and Clerlc, respectively, of the
City of Meridian, who executed the instrument or the ,person that executed the
instrument of behalf of said City, and acknowledged to me that such City
executed the same.
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DEVELOPMENT AGREEMENT (AZ-00-009) - 15
EXHIBIT A
Legal Description Of Property
A part of the SW 1/4 NE 1/4, and a part of the SE 1/4 NE 1/4 and a part
of Government Lot 1 of Section 4, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly described as
follows:
BEGINNING at the NE corner of said Government Lot 1 (Section corner
common to sections 3, 4, 33 and 34), said corner monumented with a 3
inch diameter brass disk;
Thence N. 89°18'37" W., a distance of 1319.23 feet along the northerly
boundary of said Government Lot 1 to the NW corner of said
Government Lot 1, said corner monumented with a 5/8 inch diameter
iron pin;
Thence S. 0°42'02" W., a distance of 1374.25 feet along the westerly
boundary ~f said Government Lot 1 to the NE corner of said SW 1/4 NE
1/4, (NE 1/16 corner), said corner monumented with a 5/8 inch diameter
iron pin;
Thence N. 89°24'35" W., a distance of 758.06 feet along the northerly
boundary of said SW 1/4 NE 1/4 to a '/a inch diameter iron pin;
Thence S. 0°12'36" W., a distance of 1324.11 feet to a point on the
southerly boundary of said SW 1/4 NE 1/4, said point monumented with
a 1/z inch diameter iron pin;
Thence S. 89°21'39" E., a distance of 746.75 feet along the southerly
boundary of said SW 1/4 NE l/4 to the SW corner of said to SE 1/4 NE
1/4, said corner monumented with a 5/8 inch diameter iron pin;
Thence S. 89°22'22" E. a distance of 1079.09 feet along the southerly
boundary of said SE 1/4 NE 1/4 to a point;
Thence N. 57°57'53" W., a distance of 506.10 feet to a point;
DEVELOPMENT AGREEMENT (AZ-00-009) - 16
Thence S. 89°18'33" E., a distance of 675.00 feet parallel with the
northerly boundary of said Government Lot 1 to a point on the easterly
boundary of said SE 1/4 NE 1/4;
Thence N. 0°38'21" E., a distance of 2124.52 feet along the easterly
boundaries of said SE 1/4 NE 1/4 and Government Lot 1 to a point;
Thence N. $9°17'59" W., a distance of 290.40 feet to a point;
Thence N. 0°38'21" E., a distance of 150.00 feet parallel with the easterly
boundary of said Government Lot 1 to a point;
Thence S. 89°17'59" E., a distance of 290.40 feet to a point on the
easterly boundary of said Government Lot 1;
Thence N. ~°38'21" E., a distance of 160.00 feet along the easterly
boundary of said Government Lot 1 to the POINT OF BEGINNING.
This parcel contains 100.909 acres more or less.
Also, this parcel is subject to all easements and rights-of-way of record or
implied.
DEVELOPMENT AGREEMENT (AZ-00-009) - 17
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of AFFroval
Z•\Work\M\Meridian\Meridian 15360M\Autumn Faire Sub AZ and PP\DevelopAgr
DEVELOPMENT AGREEMENT (AZ-00-009) - 18