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Jump Creek AZ 14-011ADA COUNTY RECORDER Christopher D. Rich 2014-105206 BOISE IDAHO Pgs=13 LISA BATT 121311201412:05 PM MERIDIAN CITY NO FEE 111111111111111111111111111111111111111111111111111111111 00063460201401062060130136 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. JRL Properties, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this -30 day of T' V-Ce-rY\be#,',2014, by and between City of Meridian, a municipal corporation ofthe State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and JRL Properties, whose address is 2358 s. Titanium Place, Meridian, Idaho 83642, bereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract ofland 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, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the 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 Section 11-513-3 of the Unified Development Code ("UDC"), 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 21.43 acres described in Exhibit "A", requesting designations of R-8 (Medium Density Residential) and R-15 (Medium-high Density Residential) zoning districts under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 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, the record of the proceedings for the requested annexation and zoning designation ofthe subject Property held before the Planning & Zoning DEVELOPMENT AGREEMENT—JUMP CREEK SUBDIVISION (AZ 14-011) PAGE l of 9 Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 9m day of December, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings'), which have been incorporated into this Agreement and attached as Exhibit "B",- and 1.8 WHEREAS, 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 WHEREAS, Owner/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 request; 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 Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. 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 Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers JRLProperties, whose address is 2358 S. Titanium Place, Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT—JUMP CREEK SUBD1visioN (AZ 14-011) PAGE 2 of 9 3.3 PROPERTY: means and refers to that certain parcel(s) ofProperty located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned Medium Density Residential District (R-8) and Medium-high Density Residential District (R-15) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: A. The applicant shall comply with the submitted home elevations attached in Exhibit A.4 of the Attached Findings of Fact and Conclusions of Law and Staff Report (Exhibit "B"). Future homes adjacent to McMillan Road, Black Cat Road and W. Malta Drive (Lots 2-6 and 8-18, Block 3, Lots 1-4 and 6-10, Block 5, Lots 2-8 and 10- 15, Block 8, Lots 2-4 and Lots 20-28, Block 14, Lots 14-28, Block 18 and all lots that front on W. Leighton Street ) shall incorporate a mix of materials, windows and decorative trim, pop -outs, covered porches and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial and collector streets. B. The site shall develop with a minimum of 15 percent open space (12.89 acres) to include the following amenities: three (3) tot lots, internal walking paths, a 10 -foot wide multi -use pathway on the south side of W. Malta Drive and 5% additional open space. Timing for the construction of the tot lots shall be as follows: 1) Lot 4, Block 10, including the amenities (tot lot), shall be installed with second phase of development and; 2) Lot 17, Block 15 and Lot 17, Block 18, including the amenities (tot lot), shall be installed with the fourth phase of development. C. With the first phase of development the applicant shall construct: 1) a 5 -foot wide detached sidewalk from the north boundary of W. Daphne Street to south boundary of Lot 13, Block 8 AND 2) a temporary 5 -foot wide asphalt pathway and extruded curb along the west shoulder of N. Black Cat Road from the south boundary of Lot 13, Block 8 to the south boundary of W. Malta Drive/Black Cat Road intersection. DEVELOPMENTAGREEMENT-JUMP CREEK SUBDIVISION (AZ 14-011) PAGE 3 of 9 D. The developer shall comply with the submitted multi -family elevations attached in Exhibit A.4 ofthe Attached Findings ofFact and Conclusions ofLaw and StaffReport (Exhibit "B"). Future development of the multi -family lots shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual and requires conditional use permit approval. The density range for Lot 5, Block 2 and Lot 1, Block 18 shall be between 8 and 15 dwelling units to the acre. E. The developer shall comply with all City ordinances in effect at the time of final plat submittal. F. With the approval of the 123rd residential lot, the applicant shall construct the collector road (W. Malta Drive) to the W. Joseph Drive intersection and bollard the central access for a pedestrian connection. Details of this conversion shall be submitted with the final plat. G. The applicant shall maintain surface water delivery to the adjacent properties and participate in the maintenance of the drainage ditches within and near the boundaries of the Jump Creek property as testified at the public hearing. H. The developer shall disclose the multi -family developments in the marketing, sales and development of the Jump Creek project to ensure future homeowners are informed ofthe developments prior to purchase ofthe home. The two (2) multi -family lots shall be graded and remain free of weeds, excess dirt and construction debris until development is proposed for the lots. I. The developer shall comply with the best practice standards outlined in the Geotech letter to Council as follows: 1. Continue groundwater monitoring ofthe site through atleast next irrigation season to more accurately gage peak levels and confirm current estimates. The soils report and groundwater monitoring are to be referred to and documented in the construction documents as each phase is designed. Particular attention is to be paid to finished lot grades in relation to estimated ground water levels. 2. Construction drawings with each development phase shall include a master grading plan addressing drainage within each block and the drainage patterns on each lot. The plans shall also include: a. Finished grades for all roads, back of curbs at lots, rear lot line swales, side lot line swales where appropriate; b. Lot existing grade prior to grading operations; c. Lot finished grade to be achieved following grading operations. d. Minimum and Maximum top of foundation wall elevations for each lot; e. Reference to the soils reports and recommendations provided by the soils consultant; f. Reference to the "Recommendations for Homebuilders" memo provided by the soils consultant; DEVELOPMENT AGREEMENT- JUMP CREBK SUBDIVISION (AZ 14-011) PAGE 4OF9 g. The homebuilder to comply with required top of foundation elevations or submit an engineered site grading plan certifying compliance with grading plan intent. 3. The"Recommendations for Homebuilders" memo is to beprovidedto all builders obtaining building permits within the project. 4. The "Recommendations for Homebuilders" and "Comments to Homeowners" memos are to be incorporated into the CC&R's for the project and referenced in any architectural or maintenance guidelines specified in the CC&R's. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute defaultunder this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, 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. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, 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 ofthe covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are DEVELOPMENT AGREEMaw— JUMP CREEK SumivislcN(AZ 14-011) PAGE5 of9 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 bythe amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer 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 Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning ofthe Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13, ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT- JUMP CREEK SUBDIVISION (AZ 14-011) PAGE 6 OF 9 OWNER/DEVELOPER: JRL Properties 2358 S. Titanium Place Meridian, Idaho 83642 14.1 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 ofthis section. 15. 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. 16. 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 provisionhereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach ofand a default under this Agreement by the other party so failing to perform. 17. BINDING UPONSUCCESSORS: 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/Developer, 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 benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall he deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided,eachparty shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and Cityrelative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or DEVELOPMENT AGREEMENT -JUMP CREEK SUBDIVISION (AZ 14-011) PADS 7 OF 9 written, express or implied, between Owner/Developer and City, other than as are stated herein. Except asherein 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 re -zoning 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. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. 7RL Properties CITY OF �i By: � Mayor T de i 4n n ATTEST: A r ,civ 0 City Clle�rk0"� �YSV" STAL "r` E �,°, [Le R0. E�`'�sJ DEVELOPMENT AGREENIEgT-.11IMP CREEK SUBDIVISION (AZ 14-011) PAGE 8 OP 9 STATE OF IDAHO ) ss: County of Ada, On this `�� day of D'tt"`�V( , 2014, before me, the undersigned, allotaiy Public in and for said State, personally appeared Sod ft A L&m t 6r , known or identified to me to be the GeNret w•1'wtf of JRL Properties, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this certificate first above written. (SEAL) { �AOTAR j, �, pUBLtiG ;9rff OF STATE OF IDAHO ) rM County of Ada Notary Public for Idaho Residing at: T3y) Att T D My Commission Expires: q /94 q On this ?)(-) day of I rern hPN , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, 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. INWITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) '�y55oCTA,-''� xx^ Residing at: t� Commission expires: ao"d DEVELOPMENT AGREEMENT— JUMP CREEK SuumnsioN(AZ 14011) PAGE 9OF9 EXHIBIT Legal Descriptions for the Annexation Augudll, 2014 DESCRIPTION FOR R-8 ZONING JUMP -CRE. EK SUBIJIVI1.80N A parcel. of land Imatedin the East 112 of the East 112 of.Section 28, Township 4.i4orth, Range fWast, Bolse Marl Ada An, A County, Idaho being more particuladY described As follows: Commencing at the.Southeast comer of said Section 28 froth which the East 1/4 corner of said Zection . 28 bears'. North 00°31'08" Edit - 2637.33 feet; - Thence _ eet;Thence, along the South boundary line of said Sectioln 18 North 89016'45" West, 3,2160 feet to theREAL POINT OF BEGINNING; Thence continuing North 89*16'45" West, 904.68.feet to the East 1/16 comer bf said Section 28 and Section.33 of said Township .4.North, Range lVest; Thence leaving said South l5otindary-line andplong the West boundary of the East 1/1 of the East 1'/-2 of said Section 28 North 60037'36" E994;:2695.76 feet I to the C -E 1116 comer of saidSection26: Thence continuing along said West boundary 1166 North 60W.131" East, 214.65 feel; Thence leaving said West boundary line South 89021'46" East, 841.14 feet; Thence South (10°38'12" West, 100.83 feet; Thence South 10026'06" West, -26.01 feel; Thence 12612 feetalong 1heare of a non.tongpnt curve to the right having a radius of. 100.00 feet, a central angle of 72°15'37'; and a Jong chord which bearsSouth 43'26'06" Easij wdistanoe of 117:92 feet; Thence South 011841" Bast, 01.84 feet; Thence 81.67 feet Along the are of 0 non -tangent curve to the.right having a radius -of 0 00.60 -feet, aeontra.1 angle 907*46-060, and a long 6h 00,3011611 East, a distance of,81;81 f6 . it; chord which beard North Thence South 88°29'11" East, 5oo.00 40t to_a point on.the East boundary. line of said Section 28j Thence Along said d Eas I t boundary line South 00*31'08'tWest, 1899.02 feet, Thence leaving said -East bound ry boundary lin.,.North 8901WV� West, 146A9 feet- e. Thence 31:53 feet Alonglhe arc.6f a curve to the left having a radius of 300.00 feet,rat h 1 00 a. cent a jI@ 0 06 147",and Along chord which bears So 5.., .. along bears dfh#NY5 'West, Jump Crock Subdivision—AZ-14-011 EXHIBIT A a distance of 31:51 feet; Thence South 84040116" West. 90.13 feet; Thence 30.62 feet along the arc of a curve to the right having a.rad ius:of 300.00 feet, a central angle of 06'05.0.16-z,, and a long chord which bears South 87-3642" West, -a distaficie of 30.61 feet; Thence North 89*28'52" West, 47.80 feet Thence. North 00°31'.08" East, 539.00 feet; Thence North 89°.18'27" West, 672.40 feet; Thence 78.0.0feet along the are of a curve to the left having a radius of 50.00 .feet, mcentral anglwof 90003'58'?, and a long chord which bears South 45039'34". West, a distance of 70.75 feet; Thence South 00°3735" West, 247.37 feet; Thence 21d:5 ti q feet:along the are of a curve to the right having 6 radius of 300.00 feet, a central angle of 05*069"i and a long chord Which bears South 03°27'04" West, Of distance of 29.57 feet: Thence South 06°96'34" West, 173.36 feet; Thendd 29..65 feet along the.aro of a. curve to the left having radlus of 300:00 feet a central angle of 05°39:48' and a long chord which bears South 03°26'46'West, a distance of 29.64 feet Thence South 00°36'46" West, 205.96 feet; Thence South Eig I'M" East, 743.77 feet; Thence South 00-31-09- West, 250;00 feet; Thence South 89616'4W East, 125.00 feet; Thence. South.00031'08" West, 798.0.0feet-tothp REAL POINTOF AEGINOING;-Contalning K63.0pres, more or less. Jump Creek Subdivision—AZ-14-011 EXHIBIT August 1, 2014 DESCRIPTION FOR A -is ZONING JUMP CREEK SUBDIVISON A parcel of land located in the East 112 of the East 112 of Section 28, Township 4 North, Range 1 West, Poise:Meridian, Ada county, Idaho being more particularly described, as follows: BEGINNING at the Southeast corner of said Section 28 from which the Fast 1/4 comer of said Section 28 bears North 00°31'08" East, 2637;3.3 feet; Thence along the South boundary fine, of said Section 28 North 89616'46" West, 323.00 feet.; Thence leaving said South boundary fine North, 00631'08" East, 198.00 feet; Thence North 89°16'45" West, 125.00 feet; Thence North 60*31'08" East, 250.00 feet; Thence North)39*1.64.5" West, 743.77 feet; Thence North. 00°36'46" East, 206.96. feet; Thence 29.65 feet along the arc .of a curve to -the right having a radius of 300.00 feet; a central angle of 05939'48", and'a long chord which bears North 03°26'401' East, Adistance of 29.04 feet; Thence North 06°18'34" 173.36 feet; Thence 29A8 feet along the arc of a curve to the loft having a radius of 300.00 feeti a central angle of 05'38'59", and a long chord which bears North MwV0 East, a distance of 29:57 feet. Thence North 00'37'U" East 247.37 feet; Thence 78.60feiet.alwg the are of a curve to the Fight having a radius of 60.00 feet, a central angle of 96*03'56", and a long chord which hears North 4Y31X 'East, 0 distance of 70.76 feet; Thence South 80*10.27" East. 672.40 foet-, Thence South 00111'08" Westj 539.00 feet; Thence South B9°2&52" East, 47.80 feet' Thence $6.02 feet along the arc. of a curve to the left having a radius of 300.00 .feet, a central angle of 06°50:52",'and a long chord which bears North 87*35'42" East, a distance of 30.61 feet: Jump Creek Subdivision—AZ-14-011 EXHIBIT A Thence North.84040'16" !Last, 90.13 feet; Thence 31.63 feet along the arc of a curve to the right having a radius of 300.00 feet, :a central .angle of 0.6'01'77", -end a long_ chord which bears North 87°40'55" East, a distance of 31,51 feet; Thence South 89°18'21"' East, 248.49 feet to a point on the East boundary line of said Section 28; Thence along Said East boundary line South 00031'08" West, 657.56 feet to the REAL POINT & BEGINNING. Contalning 18.49 acres, more or less. AND:ALSO: BEGINNING at the East 1/4 comer of sold Section 28 from which the Southeast comer of said Section 28 bears South 00°31'08" West, 2637.33 feet; Thence along said East boundary line South 00031'08" West, 80.75 feet: Thence leaving said East boundary line North 89°29'11" West, 300,00 feet; Thence 81.87 feet along the arc of a curve to the left having a radius of 600.00 feet, a central angle of 07049'06", and a long chord which bears South 86°36'16" West, a distance of 81.81 feet; Thence North 07018'17" West, 91.84 feel; Thence 126.12 feet along the arc of a curve to the left having a radius of. 900.00 feet, a central angle of 72015'37", and a long chord which bears North 43°26'06" West, a distance of 117.92 feet; Thence North 10°26'06'' East, 26.01 feet; Thence North 00°38'f2"East, 100.83 feet; Thence South 89421'48" East, 471.16 feet to a point on the East boundary line of said Section 28; Thence along said East boundary line South 00029'04" West, 215.00 feet. to the REAL POINT OF BEGINNING, Containing 2.94, more or less. Jump Creek Subdivision— AZ -14-011