Sommersby Sub Amdmt to DA
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 12105/05 03:09 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
13
111111111111111111I111111I11111111111
1051::::4653
This sheet has been added to the document to
accommodate recording information.
Amendment to Development Agreement with
Liberty Partners, Inc. and Confluence
Management LLC for Sommersby Subdivision.
Approved by the Meridian City Council on November 15,
2005.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
SOMMERSBY SUBDIVISION
_,2005
PARTIES:
1.
2.
3.
City of Meridian
Liberty Partners, Inc., Owner
Confluence Management LLC, Developer
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement") is made
and entered into this ~ day ofNO\f em De..v ,2005, by and between the City of Meridian, a
municipal corporation of the State of Idaho ("City"), Liberty Partners, Inc., an Idaho corporation ("Owner"),
whose address is 4190 N. Star Rd., Meridian, Idaho 83642, and Confluence Management LLC, an Idaho
limited liability company ("Developer"), whose address is 523 East Rumpel Lane, Meridian, Idaho 83642.
1. RECITALS:
1,1. WHEREAS, Owner is the sole Owner, in law and/or equity, of that 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 (the "Property"); and
1.2. WHEREAS, Gold River Companies applied to City for annexation of the Property into
City and for rezoning of the Property to City Zone Medium High Density Residential
District (R-15) and Limited Office District (L-O); and
1.3. WHEREAS, City, pursuant to Meridian City Code Sections 11-15-12 and 11-16-4A and
Idaho Code Section 67-6511A, has the authority to rezone the Property and enter into a
development agreement for the purpose of allowing, by agreement, a specific
development to proceed in a specific area and for specific purposes and/or uses that are
appropriate in the area; and
1.4. WHEREAS, City's Planning and Zoning Commission and City's City Council have held
public hearings as prescribed by law with respect to the annexation, rezoning and
development of the Property and this Agreement. City has approved the annexation and
requested rezoning of the Property to Medium High Density Residential District (R-15)
and Limited Office District (L-O) subject to the terms and commitments contained in this
Agreement; and
1.5. WHEREAS, City Council, the 8th day of November, 2000, approved certain annexation
and zoning Findings of Fact and Conclusions of Law and Decision and Order Granting
Application for Annexation and Zoning, Case No. AZ-00-006; and
1.6. WHEREAS, City, prior owner of the property and Gold River Companies previously
entered into a Development Agreement concerning development and use of the Property
on December 5, 2000 which was recorded in the records of Ada County, Idaho as
Instrument NO.1 00103906 on December 28, 2000 (the "December 5, 2000
Development Agreement"); and
1,7. WHEREAS, Developer applied to City to amend the December 5, 2000 Development
Agreement and City's City Council held a public hearing as prescribed by law with
respect to amendment of the December 5, 2000 Development Agreement. City has
approved amendment of the December 5,2000 Development Agreement as set forth in
this Agreement; and
1.8. WHEREAS, the parties desire that the December 5, 2000 Development Agreement be
terminated and replaced by this Agreement, upon recordation of this Agreement the
December 5, 2000 Development Agreement shall be terminated and be of no further
force and effect.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT-1
NOW. THEREFORE, in consideration of the above recitals, which are incorporated below, and of
the mutual covenants and agreements herein contained, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto 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 3 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 the law of the State of Idaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2. "Developer": means and refers to Confluence Management LLC, whose address is 523
East Rumpel Lane, Meridian, Idaho 83642, and its successors, assigns and affiliates, the
party developing the Property and shall include any subsequent owner(s)/developer(s) of
the Property.
3.3, "Owner": means and refers to the Owner of the Property as described in Exhibit A,
Liberty Partners, Inc., an Idaho corporation, whose address is 4190 N. Star Rd.,
Meridian, Idaho 83642,
3.4. "Property": means and refers to the Property, owned by Liberty Partners, Inc., an Idaho
corporation, 4190 N. Star Rd., Meridian, Idaho 83642, which is 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 and development allowed pursuant to this Agreement of the Property shall be
subject to and pursuant to those uses allowed under City's Zoning Ordinance codified at
Meridian City Code S11-7-2 D which are herein specified as follows:
(R-15) Medium Hiah Densitv Residential District:
A parcel of land situated in a portion of the S12 of the NW1f4 of Section 11 T.3N., R. 1W., B.M., Ada
County, Idaho and being particularly described as follows:
Commencing at a brass cap marking the WX corner of said Section 11, thence along the West line of
said NW1f4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW
corner of said Section bears N 00025'27" E a distance of 2196.33 feet said point being the POINT OF
BEGINNING;
Thence continuing along said Section line N 00025'27" E a distance of 239.80 feet to a 5/8 inch rebar;
Thence leaving said Section S 87"35'23" E a distance of 507.94 feet to a 5/8 inch rebar;
Thence N 80040'45" E a distance of 344.45 feet to a point;
Thence S 61001'27" E a distance of 14.33 feet to a point;
Thence S 00049'03" W a distance of 739.62 feet to a 5/8 inch rebar;
Thence along the South line of said NWX N 89010'57" W a distance of 485.79 feet to a point;
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 2
Thence leaving said Section line N 00049'03" E a distance of 86.04 feet to a point;
Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22004'49",
an arc length of 38.54 feet and a long chord of 38.30 feet bearing N 11051'28" E to a point;
Thence N 22053'52" E a distance of 51.44 feet to a point;
Thence N 6r06'08" W a distance of 43.08 feet to a point;
Thence N 89010'57" W a distance of 156.38 feet to a point;
Thence N 00025'27" E a distance of 273.96 feet to a point;
Thence N 89"34'33" W a distance of 200.50 feet to the POINT OF BEGINNING.
Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way
of record or implied.
and
(L-O) Limited Office District
A parcel of land situated in a portion of the S% of the NWy,. of Section 11, T.3N, R. 1W., B.M., Ada
County, Idaho and being particularly described as follows:
BEGINNING at a brass cap marking the W~ corner of said Section, thence along the West line of said
NWy.. N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW corner
of said Section bears N 00025'27" E a distance of 2196.33 feet;
Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a point;
Thence S 0"25'27" W a distance of 273.96 feet to a point;
Thence S 89010'57" E a distance of 156.38 feet to a point;
Thence S 67006'08" E a distance of 43.08 feet to a point;
Thence S 22053'52" W a distance of 51.44 feet to a point;
Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22004'49", an
arc length of 38.54 feet and a long chord of 38.30 feet bearing S 11051 '28" W to a point;
Thence S 0049'03" W a distance of 86.04 feet to a point;
Thence along the South line of said NW~ N 89010'57" W a distance of 368.85 feet to the POINT OF
BEGINNING.
Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of-way of
record or implied.
For the construction and development of a multi-family townhouse and office complex as
permitted in the R-15 and L-O zones and compatible with the City's Comprehensive Plan
and Zoning Ordinances.
4.2. No change in the uses specified in this Agreement shall be allowed without modification
of this Agreement.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 3
5. CONDITIONS GOVERNING DEVELOPMENT OF THE PROPERTY:
5.A. Developer and/or Owner shall develop the Property in accordance with the following
special conditions:
5.1. Any existing domestic wells and/or septic systems within this project shall be removed
from their domestic service per City Ordinance Section 9-1-4. Wells may be used for
non-domestic purposes such as landscape irrigation.
5.2. Any existing irrigation/drainage ditches crossing the Property to be included in this project
shall be tiled per City Ordinance 12-4-13. The ditches to be piped shall be shown on the
site plans. Plans shall be approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling of any ditches
crossing this project.
5.3. Developer shall address, among other things, specifiC landscape/common area
requirements, any height limitations, right-of-way dedication prior to submitting for
building permits, signage, bike lanes, etc. Restrictions shall be placed on the use of the
proposed L-O property to prevent future application for a convenience store or other
strictly commercial uses that are allowed in the L-O zone with a conditional use. The CU-
permitted Bars/Alcoholic Establishments, Convenience Stores, Drive-In Theaters, Drive-
In Establishments, Hotels, Motels and Outdoor Storage Facilities in the L-O shall be
prohibited for this Property.
5.4. All requirements within the Site Specific Requirements and Standard Requirements shall
also be met from the ACHD's August 15, 2000 letter, except to the extent modified by any
findings or order adopted by the Meridian City Council.
5.5. Development of a transportation management plan in coordination with ACHD
Commuteride Program. The transportation management plan should be submitted to the
Highway District for review and approval and should identify how the development shall
meet a 10% trip reduction goal during peak hour traffic, and also provide short and long
term scenarios for trip reduction goals.
5.6, The Property shall be subject to de-annexation to the previous RUT zone if the Property
is not developed as agreed and assured upon by Developer in the companion preliminary
plat and conditional use permit. .
5.7. Developer shall not be required to construct sidewalks on the east side of North Ten Mile
Road between Thunder Creek Subdivision and the LOS Church.
5,8. The eight (8) office buildings located on Lots 33 through 40 and the four (4) eight-plex
buildings located on Lots 43 through 50 shall not receive a Certificate of Zoning
Compliance until the North Ten Mile Road Widening project and the Ten Mile/Pine
Avenue intersection projects are complete and operational. The term "Certificate of
Zoning Compliance" is used herein as defined in the Zoning Ordinance of the City of
Meridian, Idaho.
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 and/or Owner or the Developer's and/or Owner's heirs, successors and/or assigns, to comply
with Section 5 entitled "Conditions Governing Development of the Property" of this Agreement within two
(2) 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. S 67-6509, or any subsequent amendments or recodifications
thereof.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 4
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Developer
and Owner consent upon default to the de-annexation and/or a reversal of the zoning designation of the
Property to which the default applies subject to and conditioned upon the following conditions precedent
to-wit:
7.1. That the City provide written notice of any failure to comply with this Agreement to
Developer and Owner and the Developer or Owner fails to cure such failure within six (6)
months of such notice,
8. INSPECTION: Developer and/or 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 and/or Owner, Developer's and/or 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 with respect to the Property which is in default by the City upon compliance
with the requirements of the Zoning Ordinance.
9.2 A waiver by City of any default by Developer and/or Owner of anyone 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 and/or Owner's cost, and
submit proof of such recording to Developer and 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 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, Developer and/or 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, Developer
and 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.
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 5
12,2 In the event the performance of any covenant to be performed hereunder by either City,
Developer or Owner 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.
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 9 12-5-3,
to insure that installation of the improvements required in section 5 of this Agreement, which the
Developer and/or Owner agree to provide, if required by the City.
14. ABIDE BY ALL CITY ORDINANCES: Developer and Owner agree to abide by all ordinances of
the City and that 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
Agreement, and the Ordinances of the City of Meridian.
15. 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:
DEVELOPER:
c/o City Engineer
City of Meridian
33 East Idaho Avenue
Meridian,lD 83642
Confluence Management LLC
523 East Rumpel Lane
Meridian, ID 83642
With copy to:
OWNER:
City Clerk
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
Liberty Partners, Inc,
4190 N, Star Road
Meridian, ID 83642
15.1 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.
16. 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.
17. 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.
18. 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
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written
request of Developer or Owner, to execute appropriate and recordable evidence of termination of this
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 6
Agreement if City, in its sole and reasonable discretion, had determined that Developer or Owner has fully
performed its obligations under this Agreement.
19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect any of the other provisions contained herein,
20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,
condition and understandings between City, Developer and Owner relative to the subject matter hereof,
and there are no promises, agreements, conditions or understanding, either oral or written, express or
implied, between City, Developer and Owner, other than as are stated herein, Except as herein
otherwise provided, no subsequent alteration, amendment, change, addendum 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.
20.1 No condition governing the uses and/or conditions governing development of the
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 except that minor modification{s) of required improvements
provided for in section 5 may be approved by City Public Works and Planning and Zoning
Staff, if such changes are required or preferred by Ada County Highway District Staff.
21. EFFECTIVE DATE: This Agreement shall be effective as of the date first written above.
IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective
as hereinabove provided.
DEVELOPER:
Confluence Manage ent LLC,
an Idaho limited lia ity company
OWNER:
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 7
CITY OF MERIDIAN:
ATTEST:
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 8
STATE OF IDAHO )
) ss.
County of Ada )
ACKNOWLEDGMENTS
On this rl2 day of ;JOl/~05, before me, the undersigned, a Notary Public in and for
said State, personally appeared Rob Haddock, known or identified to me to be a Manager of Confluence
Management LLC, the Idaho limited liability company that executed the instrument or the person who
executed the instrument on behalf of said Idaho limited Ilabillty company, and acknowledged to me that
such Idaho limited liability company executed the same.
IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
- - - ~ ~ ~ .~
A Ak
l
MARCY DELAP
NOTARY PUBLIC
STATE OF IDAHO
-
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olary pu - ~ ?if/;
Residing at ~
My commission e res: ~' "I f)fJ
STATE OF IDAHO )
) ss,
County of Ada )
On this \ o:J- day of N 6\1~~ 2005, before me, the undersigned, a Notary Public in and for
said State, personally appeared David M. Callister, known or identified to me to be the President of
Liberty Partners, Inc.. the corporation that executed the instrument, or the person who executed the
instrument on behalf of said corporation, and acknowledged to me that such corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above~Wflit:te!~oll4'.
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~~\ ;~y commission expires: _C;:-/2./orr
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STATE OF IDAHO ) ...p~"~~~.B~~,,:~,/
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County of Ada )
On this Jft'day of NO'{tyYlh";f, 2005, before me, the undersigned, a Notary Public in and for said State,
personally appeared Tammy de Weerd and Will Berg, known or identified to me to be the Mayor and
Clerk, respectively, of the City of Meridian, the persons who executed the foregoing instrument on behalf
of said City, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificilw>fj~e written.
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AMENDED AND RE~t~~%PMENT AGREEMENT - 9
" ~LUt (l h'\ jV\ D U ~
Notary PUbllcCor Idaho
Residing at GA lrl t ~ '( 1. I ,\)
My commission expires: I () - I t -II
EXHIBIT A
AZ-00-006 LEGALS FOR R-15 AND L-O
(R-15 Medium High Residential District):
A parcel of land situated in a portion of the S% of the NWX of Section 11 T.3N., R. 1W., 8,M., Ada
County, Idaho and being particularly described as follows:
Commencing at a brass cap marking the WX corner of Section 11, thence along the West line of said
NWX N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW corner
of said Section bears N 00025'27" E a distance of 2196.33 feet said point being the POINT OF
BEGINNING;
Thence continuing along said Section line N 00025'27" E a distance of 239.80 feet to a 5/8 inch rebar;
Thence leaving said Section S 87035'23" E a distance of 507.94 feet to a 5/8 inch rebar;
Thence N 80040'45" E a distance of 344.45 feet to a point;
Thence S 61001 '27" E a distance of 14.33 feet to a point;
Thence S 00049'03" W a distance of 739.62 feet to a 5/8 inch rebar;
Thence along the South line of said NWX N 89010'57" W a distance of 485.79 feet to a point;
Thence leaving said Section line N 00049'03" E a distance of 86.04 feet to a point;
Thence along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 22004'49",
an arc length of 38.54 feet and a long chord of 38.30 feet bearing N 11051 '28" E to a point;
Thence N 22053'52" E a distance of 51.44 feet to a point;
Thence N 67006'08" W a distance of 43.08 feet to a point;
Thence N 89010'57" W a distance of 156.38 feet to a point;
Thence N 00025'27" E a distance of 273.96 feet to a point;
Thence N 89034'33" W a distance of 200.50 feet to the POINT OF BEGINNING,
Said parcel contains 10.96 acres more or less and is subject to all existing easements and rights-of-way
of record or implied.
and
(L-O) Limited Office District:
A parcel of land situated in a portion of the S% of the NWX of Section 11, T. 3N., R. 1W., 8.M., Ada
County, Idaho and being particularly described as follows:
BEGINNING at a brass cap marking the W1/4 corner of said Section, thence along the West line of said
NW1/4 N 00025'27" E a distance of 460.09 feet to a point from which a brass cap marking the NW corner
of said Section bears N 00025'27" E a distance of 2196.33 feet;
EXHIBIT A
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 10
Thence leaving said Section line S 89034'33" E a distance of 200.50 feet to a point;
Thence S 0025'27" W a distance of 273.96 feet to a point;
Thence S 89010'57" E a distance of 156.38 feet to a point;
Thence S 67006'08" E a distance of 43.08 feet to a point;
Thence S 22053'52" W a distance of 51.44 feet to a point;
Thence along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 22004'49", an
arc length of 38,54 feet and a long chord of 38.30 feet bearing S 11051 '28" W to a point;
Thence S 0049'03" W a distance of 86.04 feet to a point;
Thence along the South line of said NW% N 89010'57" W a distance of 368.85 feet to the POINT OF
BEGINNING.
Said parcel contains 2.87 acres more or less and is subject to all existing easements and rights-of-way of
record or implied.
EXHIBIT A
AMENDED AND RESTATED DEVELOPMENT AGREEMENT - 11
EXHIBIT B
AZ-OO-006
Findinqs of Fact and Conclusions of Law and
Decision and Order Grantinq Application for Annexation and Zoninq
(See Attached.)
EXHIBIT B
AMENDED AND RESTATED DEVELOPMENT AGREEMENT -12