TM Crossing AZ 12-005ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 114
BOISE IDAHO 01/09/14 01:14 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF
Meridian City 114k~0~~c ~~#
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. SCS Brighton LLC, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this ~~-" day of rv~vti ~';`(~3~, by and between City of Meridian, a municipal
corporation of the State of Idah ,hereafter called CITY, and SCS Brighton LLC, whose
address is 12601 W. Explorer Drive, Ste. 200, Boise, Idaho, hereinafter called
OWNERS/DEVELOPERS.
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, herein after referred to as the Property;
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by
ordinance, require or permit as a condition of re-zoning that the Owner/
Developer made 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-SB-3, which authorizes development agreements upon
the annexation and/or re-zoning of land; and
1.4 WHEREAS, Owner/Developer have submitted an application for
annexation and re-zoning of the Property described in Exhibit A, and has
requested a designation of C-G (General Retail and Service Commercial
District), (Municipal Code of the City of Meridian); and
1.5 WHEREAS, Owners/Developers 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 &
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
DEVELOPMENT AGREEMENT - TM CROSSQVG (AZ 12-005) PAGE 1 OF 12
1.7 WHEREAS, Cit Council, the 2nd day of October, 2012, has approved
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Findin s of Fact and Conclusions of Law, set forth in Exhibit B ,
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which are attached hereto and by this reference incorporated herein
set forth in full, hereinafter referred to as (the Findings); 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 OWNER/DEVELOPER deem it to be in their best interest to be able to
enter into this Agreement and acknowledges that this Agreement was
entered into voluntarily and at his 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 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 on April
19, 2011, Resolution No. 11-784, and the Zoning and Development
Ordinances codified in Meridian Unified Development Code, Title 1 1.
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 to SCS Brighton LLC,
whose notice address shall be as stated above, the party that is
developing said Property and shall include any subsequent owner and/or
developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property
DEVELOPMENT AGREEMENT - TM CROSSING (AZ 12-005) PAGE 2 OF 12
located in the County of Ada, City of Meridian as described in Exhibit A
describen the parcels to be re-zoned C-G (General Retail and Service
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District) attached hereto and by this reference incorporated herein.
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 Unified
Development Code § 11-2A-2.
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. Prior to submittal of the first Certificate of Zoning Compliance for this site, the
development agreement shall be modified to include a more detailed
development plan that is consistent with the design elements of the Ten Mile
Interchange Specific Area Plan.
b. Business hours of operation in the C-G zoning district are limited from 6:00 am
to 11:00 pm when the property abuts a residential use or district, per UDC 11-
2B-3A.4. Extended hours may be requested through a conditional use permit.
This restriction applies to businesses directly adjacent to the east property
boundary in Primrose Subdivision.
c. Future development of the site shall be consistent with the design elements
contained in the TMISAP, the design standards in UDC 11-3A-19, and the
guidelines in the Meridian Design Manual.
d. Public art shall be incorporated into the Property at the entry of the site to create
a sense of arrival and as appropriate throughout the Property, in accord with the
TMISAP.
e. Prior to issuance of the first Certificate of Occupancy within the site, the
developer shall submit a surety to the City of Meridian for half (1/2) the cost of
a Welcome to Meridian sign to be placed off-site at the intersection of 5. Ten
Mile Road and S. Smithfield Drive on the property to the north. The developer
shall coordinate the design and location of the sign with City Planning staff.
The intent being for the property owner to the north to pay for the remaining
portion of the sign at the time of development of Parcel #S 1214233665 and
construct the sign at that time. If the referenced property to the north does not
develop within five (5) years or another partner doesn't step forward to fund the
sign, the surety shall be returned to the developer and the developer shall have
no further obligation pertaining to the sign.
f. If additional right-of-way can be obtained on the property to the north (parcel
DEVELOPMENT AGREEMENT - TM CROSSING (AZ 12-005) PAGE 3 OF 12
#S 1214233665) for W. Smithfield Drive, the developer shall construct a
minimum 8-foot wide parkway (or 6-foot wide if root barriers are constructed)
landscaped in accord with the standards listed in UDC 11-3B-7C, along with a
5-foot wide detached sidewalk.
g. The easements for the Purdam Drain and Taylor Drain shall be vacated and
relocated prior to signature on the final plat by the City Engineer.
h. The Council approved a waiver to UDC-11-3A-6 to allow the Purdam Drain to
remain open in its new location.
i. At a minimum, the following design elements from the TMISAP shall be
incorporated into the development:
• Buildings at or close to the property line facing the street -main
entrances/facades should be oriented to the street;
• Buildings should relate effectively to the fronting streets by aligning and
being as continuous as possible;
• Buildings at street corners should "hold the corners";
• The space between a building facade and the adjacent sidewalk should be
landscaped with a combination of lawn, groundcover, shrubs, and trees;
• Restaurants are encouraged to have outdoor dining; shops & stores are
encouraged to open their doors & street front windows & use clear glass that
allows visual access inwards & outwards;
• Human-scale design by building entrances placed close to the street, ground
floor windows, articulated facades, appropriately scaled signs and lighting,
and awnings and other weather protection;
• Provide elements that become focal points and announce special places in
the Ten Mile area (gateway & entryway corridor signs, continuous
walkways, attractive streetscape design, avoid parking in front of buildings,
landscaping, etc.);
• Architectural character should establish a clear sense of identity for each
activity center through an overall palette for each commercial center while
maintaining a degree of individuality for each building. The palette should
address and coordinate key elements such as materials (walls, roofs, key
architectural elements), and colors, etc.;
• For streets & block fronts where commercial uses and pedestrian activity are
most desired, it is recommended that sidewalks be lined with shops,
restaurants, and galleries and that buildings be designed with multiple
sidewalk entries, generously-scaled display and transom windows,
pedestrian-scaled signs and banners, and awnings or canopies for sun
shading;
DEVELOPMENT AGREEMENT - TM CROSSING (AZ 12-005) PAGE 4 OF 12
• Si ns should be desi ned to contribute to the overall character, identity and
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wa findin s stem. Signs should be compatible with the architecture of the
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buildin s and businesses they identify in colors, materials, sizes, shapes,
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lighting.
• Public art that contributes to the character and identity of the City should be
inco orated into the development in the design of streetscapes, plazas,
ublic s aces associated with buildings, etc. Art should be easily visible to
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the ublic (e. g. on the exterior of buildings rather than in lobbies, or v
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from the street or publicly accessible open spaces rather than interior
courtyards).
• Four-sided architecture is important where appropriate;
• Public spaces and linkages should be clearly defined.
'. All street names within the subdivision shall be approved by the Street Name
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Committee (or Planning Commission, as applicable) prior to final plat approval.
k. If the roperty owner to the north (Parcel #S 1214233665) is prepared to
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participate in the dedication of right-of-way and the cost of construction on a
50/50 basis at the time of construction, the subject property owner shall
construct the roundabout at the north boundary of the site with the first phase of
development; or,
If the roperty owner to the north is not prepared to participate at the time of
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development of the subject property, the subject property owner shall:
• design the roundabout so that right-of-way boundaries are determined,
but design and construct the road without the roundabout, including
interim connections to service drives.
• dedicate right-of-way on the subject property for the future roundabout
and submit funds to ACHD for the construction cost of the roundabout,
less design costs, and design and construction costs for the interim street
section.
At the time the property owner to the north plats any portion of the adjacent
property, that owner would be obligated to construct a full roundabout,
including modifications to any interim access points.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: After notice and
0 ortunity to cure as provided herein, this Agreement and the commitments contained herein
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shall be terminated, and the zoning designation reversed, upon an uncured material default of
the Owner and/or Developer or Owner/Developer's heirs, successors, assigns, to comply with
Section 5 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 Idaho Code § 67-6509, or any subsequent
amendments or recodifications thereof.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF
DEVELOPMENT AGREEMENT - TM CROSSING (AZ 12-005) PAGE 5 OF 12
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
default under 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 and opportunity to cure 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
of the 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 beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, inclement weather, strikes or similar causes, the time for
such performance shall be extended by the 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.
DEVELOPMENT AGREEMENT - TM CROSSING (AZ 12-005) PAGE 6 OF 12
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. Written approval by the City shall be deemed satisfaction of Owner/Developer
obligations with respect to the completion of such portion, or the entirety of said development
of the Property, as applicable.
9. DEFAULT:
9.1 After notice and opportunity to cure as provided in this Agreement, in
the event Owner/Developer, or Owner/Developer'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 terminated by the City upon
compliance with the requirements of the Zoning Ordinance.
9.2 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 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
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, 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 OwnerlDeveloper, 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 If not otherwise stated herein, in the event of an uncured material breach
of this Agreement, the parties agree that City and Owner/Developer shall
have thirty (30) days after delivery of notice of said breach to correct the
DEVELOPMENT AGREEMENT - TM CROSSING (AZ 12-005) PAGE 7 OF 12
same rior to the non-breaching party's seeking of any remedy provided
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for herein; rovided, however, that in the case of any such default whlc
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cannot with diligence be cured within such one hundred eighty (180) day
eriod, if the defaulting party shall commence to cure the same within
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such one hundred eighty (180) day period and thereafter shall prosecute
the curin of same with diligence and continuity, then the time allowed
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to cure such failure may be extended for such period as may be
reasonably 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
b either Owner/Developer or City are delayed for causes which are
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be and the reasonable control of the party responsible for such
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erformance, which shall include, without limitation, acts of civi
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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 § 11-5-C, to insure that installation of the improvements, which the
Owner/Developer agrees to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the City
and Owner/Developerbas entered into an addendum agreement stating when the improvements
will be com leted in a phased developed; and in any event, no Certificates of Occupancy shall
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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 Owner/Developer 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 andlor 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:
DEVELOPMENT AGREEMENT - TM CROSSING (AZ 12-005) PAGE 8 OF 12
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
OVVNER/DEVELOPER
SCS Brighton LLC
12601 W. Explorer Drive, Ste. 200
Boise, Idaho 83713
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 maybe granted, to court costs and reasonable attorney's fees as determned 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/Developer 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. Upon completion of
Owner/Developer's obligations hereunder, or with respect to all or a portion of the Property,
the City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement releasing the Property from this
Agreement, or such portion of the Property, as applicable, within fifteen (15) days of such
request, if City, in its sole and reasonable discretion, had determined that Owner/Developerhas
fully performed their obligations under this Agreement with respect to the Property or the
applicable portion thereof.
DEVELOPMENT AGREEMENT - TM CROSSING (AZ 12-005) PAGE 9 OF 12
INVALID PROVISION: If any provision of this Agreement is held not valid
20. .
a court of com etent 'urisdiction, such provision shall be deemed to be excised from this
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A reement and the invalidit thereof shall not affect any of the other provisions contained
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herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
a reements, condition and understandings between Owner/Developer and City relative to the
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subject matter hereof, and there are no promises, agreements, conditions or understanding,
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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,
chap e or addition to this Agreement shall be binding upon the parties hereto unless reduced to
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writin and si ned by them or their successors in interest or their assigns, and pursuant, with
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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
a royal of the City Council after the City has conducted public hearing(s) in
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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 - TM CROSSING (AZ 12-005) PAGE 10 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
SCS BRIGHTON LLC
By: Brighton Corporation, Manager
B y:
David W. Turnbull, President
CITY OF MERIDIAN ATTEST:
By: ~ ~.
Mayor y de Weer Jaycee olman, City
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DEVELOPMENT AGREEMENT - TM CROSSING (AZ ] 2-005) PAGE 1 1 OF 12
STATE OF IDAHO, )
County of Ada
ss
On this a ~tl~.~; day of V`~ , 2013, before me, the undersigned, a
Notary Public in and for said State, personally appeared David W. Turnbull, President of
Brighton Corporation, the Manager of SCS Brighton LLC, known or identified to me to be the
person who executed the agreement on behalf of such corporation and acknowledged to me
that he executed the same in such limited liability company's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above ritten.
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NfJT,~F~ ~' ~'° ~~'~ ~~~% Notary Publi fo~daho
STATC ~ "~ ~' Residing at: !~
-~ ~ ~-.~-~ 4, ~ _ - °~~~~~ My Commission Expires: , a ~. `7
STATE OF IDAHO )
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County of Ada )
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On this ~ day of ~ ,~ ~2 ;~VTJ, before me, a Notary
Public, personally appeared Tammy de Weerd and Jay e L. 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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Residing at: G~ev~ ~d ~~,~ ~ l>
Commission expires: ~~^~ ~-1 ~ c> ~
DEVELOPMENT AGREEMENT - TM CROSSING (AZ 12-005) PAGE l 2 OF 12
EXHIBIT A
LEGAL DESCRIPTION
IEGAL gE5CRIPT1CtN FQR TM CRO551NG
TOWNSHIP 3 NflRTM, RANGE ~ WEST, 5EGTION 14, R.M.
AI1A COUNTY, IDAHO
Being a portion of the NW 1/4 of the sw 1/4, Sewction 14, Township 3 North, Range i West, Boise
Meridian, Ada County, Idaho, described as folbws:
Commencing at the Northwest corner of the Southwest 1/4 of Section 14; thence along the north
quarter line of said Southwest 1/4 S 89°il'32" E, a distance of 34.98 feet, to a point; to a point on the
east r~ht of way line of Ten Mile Road, point also being the Northwest property corner of parcel
51214325500, point also being the POINT qF BEGINNING.
Thence leaving said east Ten Mile Road right of way line 5 89°ii'32~ E, a distance of 1G2i.44 feet, to a
point, also being a paint on the north property line parcel 51214314807;
Thence leavi~ said north property line S 00'34'54" Vii, a distance of 1345.b1 feet, to a point;
to a point, ado being a paint on the north right of way of Interstate 84,
Thence along said right of way N 89'34'18" W, a distance of 503.21 feet, to a paint;
Thence along said right of way N 81'02'13" W, a distance of 26.89 feet, to a paint, also being a point on
the west Corner of said parcel;
Thence leaving said property corner along sold right of way N 80`58'41" W, a distance of 56.23 feet, to a
point;
Thence along said right of way N 85°28'18 W, a distance of 668.19 feet, to a point;
Thence along said right of way N 04'16'40"' E, a distance of 25.03 feet, to a point;
Thence along said right of way N 85°32'20 W, a distance of 110.00 feet, m a point;
Thence alor~ said right of way S 04`27'40° W, a distance of 15.00 feet, to a paint;
Thence along said right of way N 81°34'49" W, a distance of 422.74 feet, to a paint;
'thence along said right ofway N 81°32'17" W, a distance of 579.12 feet, to a point;
Thence along said r~ht of way N 73°57'16" W, a distance of 103.91 feet, to a point;
Thence along said right of way N 47°21'40'" W, a distance of 168.01 feet, to a point, also being a paint on
the east right of way of Ten Mile Road;
Thence along said right of way N 12'04'04" W, a distance of 92.0 feet, to a paint;
Thence along said right of way N 01°29'59" W, a distance of 4G8.D3 feet, to a point;
Thence along said right of way N 89°28'12" "W, a distance of 4.00 feet tQ a point;
Thence abng said right of way N 00'31'S1~ E, a distance of 372.24 feet, to a point;
Thence along said right of way N Oa°31'51" E, a distance of 84.53 feet, to a point, also being the POINT
qF BEGINNING.
Containing 75.52 acres, more or less.
Basis of Bearing
West section line of the NW ~ of Section 14 commencing at the Northwest comer of the Southwest 1/4
of 5ect~n 14; thence N 00°33'40"' E, a distance of 2658.13 feet, to the northwest comer of section 14,
EXHIBIT A TO DEVELOPMENT AGREEMENT -1
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EXHIBIT A TO DEVELOPMENT AGREEMENT