Oakcreek AZ 08-004ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 39
BOISE IDAHO 01/29/09 10:48 AM
DEPUTY
RECORDEDICkREQIUEST OF III IIIIII'llllllllllllllllllllll�l III
Meridian Ciry 1090099.2
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Norpac, Owner/Developer
THIS I�VELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ZlDay of QfCf-nc*DP.,-2008, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereinafter called City, and Norpac, LLC, whose
address is 1025 S. Bridgeway Place, Suite 280, Eagle, ID 83616, hereinafter called
Owner/Developer.
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law 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, hereinafter referred to as the
Property; and
1.2 WHEREAS, Section 67-6511A, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re -zoning that
Owner/Developer make a written commitment concerning the use or
development of the 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 re -zoning of the Property, requesting a designation of
R-4 (Low Density Residential District), R-8 (Medium Density
Residential District), and R-15 (Medium -High Density Residential
District) under the UDC and generally describing 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 Property will be
developed and what improvements will be made; and
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 1 OF 12
1.6 WHEREAS, the record of the proceedings for the requested
annexation and zoning designation of the Property held before the
Planning & Zoning 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 28th day of October, 2008, the City Council
approved the City of Meridian Planning Department Staff Report for
this development ("the Findings"), and the Findings have been
incorporated into this Agreement; and
1.8 WHEREAS, the Findings require 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 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 City in the proceedings
for zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure re -zoning designation is in accordance with the
amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, 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:
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 2 OF 12
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 to Norpac, LLC, whose
address is 1025 S. Bridgeway Place, Suite 280, Eagle, ID 83616, the
party that owns and is developing said Property and shall include any
subsequent owner(s) or developer(s) of the Property.
3.3 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, describing the parcels to be re -zoned R-4, (Low Density
Residential District) R-8, (Medium Density Residential District) and
R-15, (Medium -High Density Residential District).
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 in the approved R-4, R-8, and R-15 zones 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 PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. Owner/Developer shall be responsible for all costs associated with the
sewer and water service extension.
2. Owner/Developer shall remove any and all existing domestic wells and/or
septic systems within the Property from their domestic service, per City
Code Section 5-7-517, when services are available from City. Wells may
be used for non-domestic purposes such as landscape irrigation.
3. Owner/Developer shall be responsible for all costs associated with the
required interim lift station and pressure sewer line. The station's design
and capacity shall be coordinated with the Public Works Department; the
design shall include communication capabilities that are consistent with
City's SCADA system. At completion of construction, Owner/Developer
will donate the station to City who will own and maintain the lift station.
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 3 OF 12
The completion and acceptance of the lift station will be at the sole
discretion of the Meridian Public Works Director. No discharge from the
station will be allowed until all plant upgrades are complete to the City of
Meridian Waste Water Treatment Plant. The approval to accept
discharge must be approved by the Meridian Public Works Director. Any
potential upgrades to the interim lift station from other surrounding
parcels will be reviewed by the Meridian Public Works Department.
Approved upgrades to the station will be fully funded by the requestor
and will be subject to reimbursement fees to Owner/Developer.
4. Water service to this site is being proposed via extension of mains in N.
Black Cat Road and McMillan Road. Owner/Developer shall be
responsible for the installation of 12 -inch diameter water mains to and
through this development's arterial frontage. Also a 12 -inch diameter
connection shall be made in N. Black Cat Road to the north east portion
of the Property prior to the start of phase six construction. Due to fire
flow requirements, Owner/Developer will need to construct a 12 -inch
diameter main from the intersection of N. Black Cat Road and McMillan
Road heading east to the existing 12 -inch diameter main currently being
installed with the Ten Mile & McMillan intersection widening project.
This connection will need to be installed before phase six construction
and may be eligible for partial reimbursement. If the 12 -inch water main
from Ten Mile & McMillan is installed by another developer prior to
phase six construction, then Owner/Developer will not be responsible to
participate in construction of the required main extension.
5. Prior to phase five construction, Owner/Developer shall provide a
domestic well site north of McMillan Road to support water demand
needs to the development and surrounding areas. This well site will be
owned and maintained by City. Contact the Public Works Department
for size and any alternate locations.
6. Pressurized irrigation systems must be supplied by a year-round source of
water. Owner/Developer must use City's reuse water supply for the
primary source of irrigationwith the construction of phase three and
continuing on all future phases.
7. Owner/Developer must construct a ten (10) inch AWWA C900 PVC
purple reuse main with 14 gauge insulated wire that will be attached to
the pipe for locating purposes. The construction will start from the City
of Meridian Waste Water Treatment Plant continuing northwest along the
Five Mile Creek ending in the southwest corner of the development. All
infrastructure on-site and off-site must be constructed with approved
purple pipe. With the required construction of this main,
Owner/Developer shall be eligible to enter into a structured
reimbursement agreement with City in accordance with City Code and as
approved by the City Council.
8. Houses constructed within the approved Oakcreek preliminary plat shall
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 4 OF 12
substantially comply with the building elevations included in Exhibit B.
All other proposed elevations shall be reviewed at the time
Owner/Developer plats any portion of the remaining 288 acres and shall
substantially comply with the conceptual elevations included in Exhibit
C.
9. Owner/Developer shall develop the Property in accordance with the uses,
dimensional standards and design guidelines in the UDC at time of
application submittal to City.
10. Owner/Developer shall develop the Property generally in accordance with
the Concept Plan, attached as Exhibit D. Owner/Developer may tailor the
particular distribution and configuration of uses to meet actual market
demand at the time of development in compliance with the applicable
zoning district, provided that the Planning Director determines the
integrity of the Concept Plan remains substantially equal or better. For
example, the central park area may be relocated or altered if the Planning
Director determines the park amenity is substantially equal or better in
size or character than originally depicted.
11. Prior to the issuance of any building permits, Owner/Developer shall
subdivide the property in accordance with the UDC.
12. Owner/Developer shall not submit a preliminary plat on the west 700 feet
of the Property that adjoins the current location of McDermott Road until
such time as the Idaho Department of Transportation determines the State
Highway 16 alignment. Access to McDermott Road shall be subject to
approval by City Council and ACHD and shall be evaluated on the status
of McDermott Road at that time.
13. The development shall be allowed up to two full street accesses on the
north side and two full street accesses on the south side of McMillan
Road, as generally depicted on the Concept Plan, if also allowed by
ACHD.
14. The development shall be allowed one temporary street access to N.
Black Cat Road (northeast corner of the development), which will be
closed once a collector street is constructed through adjacent parcels
SO428143150 & SO428410000, as depicted on the Concept Plan.
15. Owner/Developer shall provide a continuous collector system in the
development north of McMillan Road. The collector will stub to the
north boundary for future extension to state Highway 20/26, as generally
depicted on the Concept Plan.
16. Owner/Developer shall stub public street access to the following adjacent
parcels at such time as the development occurs adjacent to these parcels:
R6991222200, SO428143000, SO428410000, SO428449010,
SO433212400, SO428325600 and SO428143150, as generally depicted on
the Concept Plan.
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 5 OF 12
17. Subject to Ada County Highway District review and approval,
Owner/Developer shall incorporate traffic calming devices (which shall
not include speed bumps or valley gutters) in the collector street network.
18. Owner/Developer shall construct a 10 -foot wide multi -use pathway
consistent with Owner/Developer's pathway plan and the Meridian Parks
Department Master Pathway Plan.
19. The development shall include a central park area of at least 6 acres with
a clubhouse and pool for the homeowners, as generally depicted on the
Concept Plan. The development shall provide a minimum of 12 percent
common open space for the entire development (excluding the 30 -acre
Oakcreek plat). The park shall be included within the first two phases of
the development north of McMillan Road (Phase 3 or 4).
20. The development shall include at least four pocket parks, totaling a
minimum of 5 acres. Each pocket park shall include at least two
amenities (e.g., play equipment, bocce ball areas, rock climbing, picnic
area, etc.).
2 1. Owner/Developer shall support the restoration and enhancement of Five
Mile Creek as a natural amenity, as proposed and/or approved by City,
Nampa -Meridian Irrigation District and the U.S. Army Corps of
Engineers.
22. Owner/Developer shall coordinate with Western Ada Recreation District
concerning a possible 4.5 acre +/- site lying within the southwest portion
of the development. In the event the Western Ada Recreation District
decides not to acquire and to construct the public swimming facility, the
area allocated for the District will be developed as private open space
with a recreational amenity (e.g., splash pad, fishing pond, sports field,
play equipment, bocce ball, rock climbing, etc.) and shall be centrally
located within the development and shall be a minimum of 2.5 acres.
23. Owner/Developer shall install all perimeter and internal common area
landscaping for each phase at the time of final plat recording and prior to
the occupancy of any structures within that phase.
24. The development shall include a minimum of 1,000 residential units and
a maximum of 1,300 residential units. Total number of units includes the
entire product types proposed and attached in the Concept Plan.
25. Owner/Developer and City agree to amend the property's zoning as
needed to accommodate the movement of a street or similar minor
modification that affects the boundaries of the approved zones within the
property. Amendment of the Development Agreement shall not be
required for such minor amendments to the zones. The applicant shall
submit all necessary application materials to apply for and complete the
rezone process.
26. Owner/Developer shall provide a method for notification to future home
owners of State Highway 16 extension along the McDermott Road
corridor, as determined by the Planning Director.
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 6 OF 12
6. COMPLIANCE PERIOD: This Agreement must be fully executed within
one (1) year after the date of the Findings or it is null and void.
7. 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 of Meridian that apply to said Property.
8. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION::
8.1 Acts of Default. Either party's failure to faithfully comply with all of
the terms and conditions included in this Agreement shall constitute
default under this Agreement.
8.2 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.
8.3 Remedies. In the event of default by Owner/Developer that is not
cured after notice as described in Section 8.2, 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
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 7 OF 12
performance of the covenants, agreements, conditions, and
obligations contained herein.
8.4 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 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.
8.5 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.
9. REQUIREMENT FOR RECORDATION: City shall record this
Agreement, including all of the Exhibits, at Owner/Developer's cost, 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 of the Property contemplated hereby, City shall execute and
record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: City may require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed
under the UDC, to insure the installation of improvements that Owner/Developer agrees to
provide.
12. CERTIFICATE OF OCCUPANCY: Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless City
and Developer/Owner has 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 City.
13. ABIDE BY ALL CITY ORDINANCES: 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
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 8 OF 12
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, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
OWNER/DEVELOPER:
Norpac, LLC
1025 S. Bridgeway Place, Suite 280
Eagle, ID 83616
with copy to:
Deborah Nelson
Givens Pursley LLP
601 West Bannock St.
Boise, ID 83702
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 of this 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
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.
17. 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 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
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 9 OF 12
of this Agreement if City, in its sole and reasonable discretion, determines that
Owner/Developer has fully performed its obligations under this Agreement.
18. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,
each party shall act reasonably in giving any consent, approval, or taking any other action
under this Agreement.
19. 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 of this Agreement, the parties
hereby agree to cooperate in defending such action or proceeding.
20. 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.
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. All Exhibits referenced herein are incorporated in this
Agreement as if set forth in full including all text information in the Exhibits. 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 re -zoning 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.
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 with Acknowledgements and Exhibits A -D follow.]
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 10 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
NORPAC, LLC
CITY OF MERIDIAN
By: aj,�'X
Mayor T 77�'weerd
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ATTEST: ofM'� ,
qy ,:
Jaycee OHolman, City Clerj- SEAL
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DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 11 OF 12
STATE OF IDAHO, )
): ss
County of Ada, )
On this (/"' day of C�'��� 2008, before me, the
undersigned, a Notary Public in and for said State, personally appeared
-rhQlUa 5 M. d4/e— 'KG<<v , known or identified to me to be the
-n e+-- of Norpac, LLC, and acknowledged to me that he executed the same
on beha f of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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STATE OF IDAHO )
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No ary Public fo Idt
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Residing at:
My Commission pires: Z
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County of Ada )
On this LO day of I I 200, before me, a Notary
Public, personally appeared Tammy de Weerd and Jayc . Holman, know or identified to
me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the
instrument of 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 certificate first above written.
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Notary Public/for Ido
Residing at: (M PTU I
Commission expires: 101
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) PAGE 12 OF 12
EXHIBIT A
Property Description
DEVELOPMENT AGREEMENT — THE OAKS (AZ 08-004) — Exhibit A
IDAHO
1450 East Watertower,St.
Suite 150
SURVEY
Meridian, Idaho 83642
- GROUP
4 5
Phone (208) 846-8570
Fax (208) 884-5399
December 13, 2007
DESCRIPTION FOR ANNEXATION
OAK CREEK SUBDIVISION
A parcel of land located in the NE'/4 of the NE'/4 and the NW'/ of the NW'/ of
Section 33, the S'/2 of the NE'/ and the S'/z of Section 28, all located in T. 4N.,
R.1 W., B.M., Ada County, Idaho more particularly described as follows:
Commencing at the Northeast corner of the said Section 33 from which the East
'/ corner of said Section 33 bears South 00°27'22" West, 2631.60 feet;
thence along the East boundary of said Section 33 South 00°27'22" West, 169.00
feet to the REAL POINT OF BEGINNING;
thence continuing along said East boundary South 00°27'22" West, 626.39 feet;
thence leaving said East boundary line South 89°08'23" West, 246.54 feet;
thence South 06°37'22" West, 308.30 feet;
thence North 89'30'26" West, 1038.40 feet to a point on the West boundary line
of the NE'/4 of the NE'/4 of said Section 33;
thence along said West boundary line North 00°28'25" East, 1113.00 feet to the
E1/16 corner of said Section 33;
thence along the north boundary line said Section 33 North 89°16'45" West,
1317.68 feet.to the N '/ corner of said Section 33;
thence along said North boundary line North 89°16'49" West, 1317.62 feet to the
W 1/16 corner of said Section 33;
thence along the East boundary line of the NW'/4 of the NW'/ of said Section 33
South 00°31'02" West, 1316.64 feet to the NW 1/16 corner of said Section 33; _
thence along the South boundary line of the NW'/4 of the NW'/4 of said Section
33 North 89017'19" West, 89.91 feet;
thence leaving said South boundary line North 76°42'21" West, 1259.37 feet to a
point on the West boundary of said Section 33;
thence along said West boundary line North 00032'39" East, 1042.47 feet to the
northwest corner of Section 33;
thence along the West boundary line of said Section 28 North 01 000'42" East,
1315.38 feet to the S 1/16 corner of said Section 28;
thence along the North boundary line of the SW '/4 of the SW '/4 of said Section
33 South 89018'59" East, 450.00 feet;
thence leaving said North boundary line North 01 °00'42" East, 774.71 feet;
thence North 89°21'17" West, 450.00 feet to a point on the West boundary said
Section 28;
thence along said West boundary line North 01'00'42" East, 540.97 feet to the W
'/ corner of said Section 28;
thence along the North boundary of said SW'/4 South 89°21'17" East, 1311.11
feet to the C -W 1/16 corner of said Section 28;
thence along the East boundary line of the NW '/ of the SW '/4 of said Section 28
South 00°52'12" West, 16.99 feet;
thence leaving said East boundary line South 89014'34" East, 789.50 feet;
thence North 64°03'54" East, 27.64 feet;
thence South 86°53'48" East, 189.53 feet;
thence North 89°14'51" East, 20.04 feet;
thence South 70°27'50" East, 25.64 feet;
thence South 81'00'03" East, 36.69 feet;
thence South 88050'113" East, 85.57 feet;
thence South 86014'58" East, 63.62 feet;
thence North 89018'37" East, 45.49 feet;
thence South 78007'47" East, 19.68 feet;
thence North 53°05'44" East, 16.53 feet to a point on the East boundary line of
the SW '/4 of said Section 28;
thence along said East boundary line North 00043'42" East, 24.35 feet to the C'/4
corner of said Section 28;
thence along the West boundary line of the NE'/4 of said Section 28 North
00°43'58" East, 625.84 feet;
thence South 77°58'14" East, 1338.14 feet to a point on the East Boundary line
of the SW '/4 of the NE '/4 of said Section 28;
thence along said East boundary line North 00°36'34" East, 293.64 feet;
thence South 89°31'36" East, 175.03 feet;
thence South 00°28'24" West, 230.00 feet;
thence South 89°31'36" East, 1136.30 feet to a point on the East boundary line of
said. Section 28, said point also being on the existing Meridian City Limits boundary;
thence along said East boundary line and said City Limits boundary South
00°29'02" West, 214.51 feet;
thence leaving said East boundary line North 89020'59" West, 1312.34 feet to a
point of the West boundary of the SE '/ of the NE '/ of said Section 28;
thence along said West boundary line South 00°36'34" West, 215.00 feet to the
C -E 1/16 corner of said Section 28;
thence along the East boundary of the W'/z of the SE'/ of said Section 28 South
00°37'35" West, 2635.75 feet to the E 1/16 corner of said Section 28;
thence along the South boundary of said Section 28 South 89°16'45" East,
1059.08 feet;
thence leaving said South boundary line South 00°27'22" West, 169.00 feet;
thence South 89°16'45" East, 258.60 feet to the REAL POINT OF BEGINNING.
Containing 318.75 acres, more or less.
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EXHIBIT B
Elevations for Oakereek Preliminary Plat
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) - Exhibit B
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EXHIBIT C
Conceptual Elevations for The Oaks
DEVELOPMENT AGREEMENT - THE OAKS (AZ 08-004) - Exhibit C
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EXHIBIT D
Concept Plan
DEVELOPMENT AGREEMENT — THE OAKS (AZ 08-004) — Exhibit D
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