Development Agreement - 2005 - The Shores - 8/26/2005
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/01/05 02:02 PM
DEPUTY Vicki Allen
RECORDED - REQUEST OF
City of Eag Ie
AMOUNT
.00
14
1111111111111111111111111111111111111
105126607
Recording Requested By and
When Recorded Return to:
William E. Vaughan - Planning and Zoning Administrator
City of Eagle
P.O. Box .fr'T-15.;2o
Eagle, Idaho 83616
For Recording Purposes Do
Not Write Above This Line
DEVELOPMENT AGREEMENT
This Development Agreement, made and entered into on the date as indicated herein, by
and between the City of Eagle, a municipal corporation in the State of Idaho ("Eagle"), by and
through its Mayor, and South Channel LLC ("Applicant").
WHEREAS, the Applicant is the owner of record of certain real estate located at 707,
781, 799, 807, 844, and 1201 W. South Channel, Eagle, Idaho, ("Property"), as specifically
defined in the attached legal descriptions (Exhibit A and B) which is the subject of an application
for Rezone identified as Rezone Application No. RZ-7-04 and
WHEREAS, the previously recorded Development Agreement for the parcel identified as
799 South Channel, recorded as instrument number #99091419 will be terminated and replaced
with this new Development Agreement incorporating 799 South Channel Way and the additional
properties identified herein; and
WHEREAS, the proposed development includes properties within an area currently
zoned R-2-DA (Residential- two units per acre with Development Agreement) and A
(Agricultural); and
WHEREAS, the Applicant desires a R-2-DA (Residential- two units per acre maximum)
zoning classification to develop a residential use on the above described property, which is herein
referred to as the "Property"; and
WHEREAS, the Planning and Zoning Commission and the City Council of Eagle have
determined that the scope of any residential project upon the Property must be limited to prevent
undue damage to, and to otherwise be in harmony with, the existing community; and
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WHEREAS, the intent of this Development Agreement is to protect the rights of
Applicant's use and enjoyment of the Property while at the same time limiting any adverse impacts
of the development upon neighboring properties and the existing community and ensuring the
Property is developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
WHEREAS, the Applicant has agreed to the use restrictions and other limitations set forth
herein upon the use and development of the Property and has consented to a R-2-DA (Residential-
two units per acre maximum) zoning designation for the Property with the requirements set forth in
this Development Agreement; and
WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to
subrnit the Property to a Development Agreement pursuant to Eagle City Code Section 8-10-
I(C)(I); and
WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and
concerns that have arisen and for and in consideration of the mutual covenants contained herein,
it is agreed as follows:
ARTICLE I
LEGAL AUTHORITY
1.1 Eagle will adopt an ordinance amending the Eagle Zoning Ordinance to rezone the property
that is the subject of the application to a R-2-DA (Residential- two units per acre maximum)
zoning designation, after recordation of, and subject to the provisions of this Development
Agreement. The ordinance will become effective after its passage, approval, and publication
and the execution and recordation of this Development Agreement.
ARTICLE II
CONDITIONS OF DEVELOPMENT
2.1 Except as may be provided herein, the development shall comply with the Eagle City Code,
as it exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
2.2 All development within the 100-year floodplain shall comply with the Eagle City Code, as it
exists in final form at the time a preliminary plat application is made and the conditions
within this agreement shall be satisfied.
2.3 The applicant shall submit a Flood Plain Development Permit in compliance with all rules,
regulations and ordinances as required within Title 10, Flood Control, of the Eagle City
Code.
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2.4 The applicant shall provide a twenty-five (25) foot wide greenbelt easement for a public
pathway along the northern side of the South Channel of the Boise River extending along the
entire southern portion ofthe property. The applicant shall construct a 10' wide compacted
gravel or cinder surface pathway within the easement, to extend from the pathway within
Two Rivers Subdivision pathway system on the east side of the property and continue the
entire length of the property abutting the Boise River. For any portion of the pathway passing
through wetland areas, the ten-foot (10") wide path may instead be cleared of vegetation to be
a natural soil surface in lieu of the gravel/cinder surface and shall meander around existing
trees that are designated to be preserved by the City Forester. The applicant shall work with
the appropriate flood control district and emergency response agencies to ensure that the
emergency access located within Lot 16, Block 1, is appropriately surfaced for heavy
equipment use. The pathway shall be constructed and markers/signs (describing the pathway
as intended for pedestrian ingress and egress and is a multi-purpose, non-motorized
pathway/conservation easement in favor of the City of Eagle) installed to delineate the
pathway prior to the issuance of any building permits for those lots inclusive of the pathway
easement. Plans showing the location of the markers/signs, language to be placed on the
markers/signs, and other methods to be used to delineate the pathway shall be submitted to
the City for review prior to the approval of the final plat. During all types of construction,
fencing shall be installed to protect the easement area and prohibit activity (other than
pathway construction) from occurring with the easement. A note shall be added to the
CC&Rs stating provisions for the proper maintenance of the pathway surface and for the
clearing and removal of any vegetation which may interfere with the pathway. A copy of the
CC&Rs shall be submitted to the City prior to the City Clerk signing the final plat.
2.5 The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any development plans for this site.
ARTICLE III
AFFIDAVIT OF PROPERTY OWNERS
3.1 An affidavit of all owners of the Property agreeing to submit the Property to this
Development Agreement and to the provisions set forth in Idaho Code Section 67-6511 A and
Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference.
ARTICLE IV
DEFAULT
4.1 In the event the Applicant fails to comply with the commitments set forth herein, within
thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right,
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without prejudice to any other rights or remedies, to cure such default or enjoin such
violation and otherwise enforce the requirements contained in this Development Agreement
or to terminate the Development Agreement following the process established in Eagle City
Code Section 8-10-1.
4.2 If required to proceed in a court oflaw or equity to enforce any provision of this
Development Agreement, Eagle shall be entitled to recover all direct out-of-pocket costs so
incurred to cure or enjoin such default and to enforce the commitments contained in this
Development Agreement, including attorneys' fees and court costs.
ARTICLE V
UNENFORCEABLE PROVISIONS
5.1 If any term, provision, commitment, or restriction of this Development Agreement or the
application thereof to any party or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this instrument shall terminate and the zoning ofthe property
shall revert to the A (Agricultural) zoning designation unless the portion of this instrument
determined to be invalid or unenforceable is re-negotiated in good faith between the Applicant
(or other appropriate party) and Eagle as an amendment to the Development Agreement
processed in accordance with the notice and hearing provisions ofIdaho Code Section 67-
6509, as required by Eagle City Code Section 8-10-1.
ARTICLE VI
ASSIGNMENT AND TRANSFER
6.1 After its execution, the Development Agreement shall be recorded in the office of the County
Recorder at the expense of the Applicant. Each commitment and restriction on the
development shall be a burden on the Property, shall be appurtenant to and for the benefit of
the Property, adjacent property, and other residential property near the Property and shall run
with the land. This Development Agreement shall be binding on the Applicant and owners,
and their respective heirs, administrators, executors, agents, legal representatives, successors,
and assigns; provided, however, that if all or any portion of the development is sold, the
sellers shall thereupon be released and discharged from any and all obligations in connection
with the property sold arising under this Agreement. The new owner of the Property or any
portion thereof (including, without limitation, any owner who acquires its interest by
foreclosure, trustee's sale or otherwise) shall be liable for all commitments and other
obligations arising under this Agreement with respect to the Property or portion thereof.
ARTICLE VII
GENERAL MATTERS
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7.1 Amendments. Any alteration or change to this Development Agreement shall be made only
after complying with the notice and hearing provisions ofIdaho Code Section 67-6509, as
required by Eagle City Code Section 8-10-1.
7.2 Paragraph Headings. This Development Agreement shall be construed according to its fair
meaning and as if prepared by both parties hereto. Titles and captions are for convenience
only and shall not constitute a portion ofthis Development Agreement. As used in this
Development Agreement, masculine, feminine or neuter gender and the singular or plural
number shall each be deemed to include the others wherever and whenever the context so
dictates.
7.3 Choice of Law. This Development Agreement shall be construed in accordance with the
laws of the State ofIdaho in effect at the time of the execution of this Developrnent
Agreement. Any action brought in connection with this Development Agreement shall be
brought in a court of competent jurisdiction located in Ada County, Idaho.
7.1 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been
represented by legal counsel in negotiating this Development Agreement and that neither
party shall have been deemed to have been the draftor of this agreement.
7.4 Notices. Any notice which a party may desire to give to another party must be in writing and
may be given by personal delivery, by mailing the same by registered or certified mail, return
receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery
service, to the party to whom the notice is directed at the address of such party set forth
below;
Eagle:
City of Eagle
310 E. State St.
Eagle, Idaho 83616
Owner:
South Channel LLC
533 E. Riverside Dr.
Suite 110
Eagle, ID 83616
Or such other address and to such other persons as the parties may hereafter designate. Any
such notice shall be deemed given upon receipt ifby personal delivery, forty-eight (48) hours
after deposit in the United States mail, if sent by mail pursuant to the foregoing, or twenty-
four (24) hours after timely deposit with a reputable overnight delivery service.
7.6 Effective Date. This Development Agreement shall be effective upon the signing and
execution of this agreement by both parties.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this ~y Of~, 2005.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the State of
Idaho
ATTEST:
tl(~Q '?~
~Sharon'"Bergmann, City Cler
DATEDthisJ-S~YOf A,lN>(- ,2005.
STATE OF IDAHO )
: ss.
County of Ada)
On this & day of~d ,2005, before the undersigned notary public in and for
the said state, personally appe d NANCY C. MERRILL, known or IdentIfied to me to be the
Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf of
said City and acknowledged to me that said City executed the same.
Residing at:
My Commission Expires:
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STATE OF IDAHO )
: ss.
County of Ada)
On this ;;.!f; day of ~.s. t- , 2005, before the undersigned notary public in and for
the said state, personally appeared -::J,4R.o:.n .5ke..-hL(.f' ..J<.. , known or identified to
me to be the Managing Partner of South Channel LLC referenced herein and the persons who
executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set
above written.
1'II'S4.. ....1dIho
QlmfflllllDn 5l~11a; CIIi1C14OO8
Page 7 of7
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Ha~ 18 04 03:47p
Toothmen r ~or En~r. r~ 208-323-2333
DEVELOPMENT AGREEMENT
EXHIBIT I- DESCRIPTION
lOF2
p.?
PROJECT:
D.C..TE.
r A eiE.
OJ030
Apri! 16, 2004
] of 2
PROPERTY BOUNDARY
ie. FiOreel of land sitcJ.ated in the South i/2 of Sc:etlOil 1" and or Government lOlo 2. J, J.nj
" of Section 2iJ, T4N., R.l E., B.~!., Cicy QfEagle. Aca Cou::ty, !,hno, mOr~ pa.'"11culJ.rl;
descnbed as follows:
r ()IVIMINCING at the 1/4 comer common IU :;aiel Sec[lons l7 and :;:U, as sholJolTI ')11
R.ecord of Survey No. 6430, Ada County records, from wbich pomt, the southeast comer
of sajd Seclion 17 be21'S N.88"44'12"E., 2677.97 feec; thence, along the south lirw, of SJ.ld
seecla n,
A) N.88"44.'1?"E, 672.5C feet to the POINT OF BEGINNING; menee. along the
exterior perimeter of said sllD'ey through che fol!owmg courses: continuing,
I) H.88044' 12"E., 114.39 feet to a poi.nt on the north bank of the Soueh Ch2L'J1el
of the Boise River as shov-m on said sUrv~y; thence, along said nonh bank
th.rough the following courses:
2) S360I0'18"W., 30.06 feet; thence,
3) S.36039'OO"W., 67.18 feet; thence,
-+) S52013'!(j"w., 146.40 feet; thence,
51 S.J4"06'IJ"W., 119.07 feet; thence,
6) 3.10011 '74"W., 204.32 feet; thence,
7) S.73 007' 54"W., 132.20 feet; thence,
8) N.72053'S5"W, 206.03 feet; thence,
9) N.72"26'44"W., 416.75 feet; thence,
(0) N.15033'4S"W., 129.24 feet; thence,
ll) S80030'04''W., 186.77 fcet; theu<.:c,
12) 5.76' 18' lS"'W, 214.20 feet; thence,
l3'J S.690S0'31"W, 105.25 feet: thence,
(4) S.80012'I7''W, 96.91 feec; thence,
15) sSrOO'Sl"W, 188.04 feet: thence,
16) S.85027'2S"V,,"., 131.88 feet; thence,
(7) N.76024'41"W., 219 14 feet; thence,
18:1 N.32"09'39"W., 51.14 feet: thel~ce.
19) N.79045'54"W, 299.83 feet; thence,
2!)) N.85009'22"W., 130.57 feet; [hence,
:1; N.620i))'j7"W., 192.06 feet: thence,
:::) N.6I047'07"W.. 160.65 feet: chenee,
2~:) N21001~OT~E.~ 137,:1.5 fed; thencc,
21) N.7005S"::5'''\//, 1183 i fee!: chence.
::5') N,66"J6" 59l~~,;V.~ 14.42 t"ett: chence.
: 1\().:iJ:S(j\l.vp~n J:";\'iUR \'~'r"'\T.,:) G.uunC:lI"V ci,)<.;
~,t("j'-j _" a _ -'fI,...., ., ,.., .. . .-:..-.
Ma:i 18 04 03: 47p
Too~hman Or~on Enbr. Co.
208-323-2399
p.e
DEVELOPMENT AGREEMENT
EXHIBIT r - DESCRIPTION
20F2
pnOiseT. 030f,()
DATE: Apr!! 16,2004
PNJ:: 20f2
26) N66'09' 14"w, 8:5.1:5 feet; thence.
"27) N 8()oOS' ~5"W., 1 U622 t~et; thence,
2~) N58'49'25"W., ]2807 feet: thence,
29) N.4S'~()Tj"W., 222.18 feet; thence,
30) N08'41 '45"\1/.,93.20 feet; thence,
31; N.24.43'03"W., 12278 feet; thence,
32) N.44"38'32"W., 58.08 feet to a point on the westerly line of said Section 17;
thence, leavrng said northerly banl(, along s;lid westerly line,
33) i'-!.OO"35'54"E., 814.92 feet lu the South 11)6 corner common to said Sections
17 and] 8; thence, along the northerly line ()f the SW1l4 of the S W 114 of said
Section] 7,
34) S.89'08'03"E., 1349.80 feet to Southwe.>t ./]6 comer of said section, on the
westerly line of Block 20 of Two Rivers Slbdivision No.3, according to the
ofiici31 pl:lt thereof Rc'~ordcd in 8uuk. 82 of Plats at Pages 89P-) through 8981,
A.da County Records; thence, along said we:;terly line,
35) S.Ooo53'27"W., 34537 feet to the southwesrerly comer ,~f to! 23 of s3id
block; Thence, along the southerly line of said Block 20,
36) N .89037'2T'E., 134870 feet to the south(:asterly comer of Lot ] 9 of said
bl,xk, on the we$terly line of Dlock 20 ul- Two Rivers Subdivision No ~,
according to the official plat thereof reconled in Book 87 of Plats a! Pages
10005 through 10007, Ada County Records; thence, along said westerly line,
37) S.O j 0 I (J' 1 S"W, 277.98 feet; thence,
38) N88Q22'04"W, 17.00 feet; thence,
39) S.01"10' 15"W., 2~3.12 feet; thence,
4C) S.88049'45"E., 17.00 feet to a point of th~ southerly Right-of-Way line of
South Channel Road; thence, along said soulherly line,
41) S.67.33'58"E., 760.55 feet to a pOlnt or. the westerly line of Block 21 ofTwG
Rivers Subdivision No.7, according to the official plat thereof recorded in
Book 87 of Plats :l.t P:lges 9934 through 9;'37, Ada County records; thence.
along said westerly line.
"(2) S.08'52' ]4"W., 274.68 fw to the POINT (iF BEGINNING.
CONTAINING 9<) 7n acres. more or less.
SUBJECT TO ~ll Covena.nts, R.:glm, Rights-of-Way. Ea.semems of Record. and
[nclllnur;;.!.rlt.:es.
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Ma~ 18 04 03:47p
Toothman Orton Engr. Co.
208-323-2389
p. 10
DEVELOPMENT AGREEMENT
EXHIBIT II- DESCRIPTION
10F3
ProjeCl:
DZ:te:
Page:
0.3080
May 13,2004
1 of 3
ADA COUNTY HIGHWAY DISTillCT
PROPOSED DIVISION AND ;mVERSION
OF EXCHANGED RIGHT.OF-WA Y
FOR
SOUTH CHANNEL WAY
Two parcels of land situated in the South Y; of the Soutll \1; of Seclion 17, Township 4 Non!'!,
Range I East, Boise Meridian, Ada County, Idaho, more rarticularly described as follows:
PARCEL 1
A parcel ofland within said South ~/, of the South 'i, of Se,;tion 17, dc~eribcd <w:
COMMENCING at the '/; comer common to Sec,iom 17 and 20 as shown on Record of Survey
No. 6430, Ada COllUly n;cords, from which point, the southeast comer of said Section] 7 bears
N. 88044'12"E" 2677.97 feet; thence, along the mid-sectio1 line of said section,
A) N.OI oj(r 15"E., 576.57 feet to a point on the wutherly right-of-say line of said road
and the POINT OF BEGINNING; thence, aI,mg the exterior boundary of said road
as shO'AlD on said Record of Survey No. 643C, i:l ponion of that certam property as
d.escribed. in Instrument No. 8436672, and a p01:ion of right-of-way as shown on Two
Rivers Subdivision No.8 recorded in Book 87 (lfPlats at Pages 10005 through 10007,
through the following courses:
1) N.88049'45"W., 17.00 feet; thence,
2) N.01 010'15"F., 281.29 feet; thence,
3) S.900QO'OO"E., 17.00 feet to a point on said mid-section line; thence, along said
line,
4) S.O 1 0 1 O'15"W., 53.72 feet to a poim on a nlm-tangent curve; thence,
5) Southeasterly along said curve to the right havir.g a radius of 86.50 [eee, an :lIe
length of 38.46 feet, through a centr;;! mgle of 25028'16", and. :J. chord bcar.ng
and dista.'lce ofS.1 1 032'39"E., 38.14 feet; tllt:~nce, tangent fiom said curve,
6i 5.lll 012'29"W., 120.48 feet to the begiIUlin!i of a tangent curve; thence,
7) Southca:ltcrly along sai-i C;W'Vi;: to the lefcl1aving a radius at 53.50 feet, art arc
length of 64.27 feet, through a ceneral angle of 68049'40", and a chord bearing
and distance ofS.33007'32"E., 60.47 feet: lllence, tangent from saici curve,
8) S.67032'22"E., 649.01 feet to a point on a n,m-tangent curve: thence,
Ii '\[)"';MOII,VPFILl::~\.S U R V'G:'(\l::.",.h_ROW l)!Vl:.3H)'N .Jut,;
,-:::::1:;
P. ~a
Ma~ 18 04 03:48p
Toothman Orton Engr. Co.
208-323-2399
p. 11
DEVELOPMENT AGREEMENT
EXHIBIT JI- DESCRIPTION
20F3
?rOject:
Da:e
Pa2e:
03080
May ]3,2004
2of3
9) South',>,'esterly along said curve to the left havir,g a radius of 182.00 feel, an arc
length 01' 55.66 feet, through J central angle of 17"31'23", and a chord bearil:;;
and distance of S.74040'34"W., 55.45 feel to a puint on tbe southwesterly ,iiSht.
of-way line nf S Channel Way as sho\~n on said survey; thcnce, <l.lu!l~ ,aid
somhwesterly line,
] 0) N.67"33' 58"W, 637.33 feet to the POINT OF BEGINNING.
SAID PARCEL 1 CONTAINING 29,174 square feet, or 0.67 acres, more or less.
PARCEL 2
.A.. parcd otland within said South \/, of the South '/, or Section
COl'vlMEN\.lNC ~1t the ~~ come 'ommon to Sections 17. nd 20 as showll un Record of Survey
No. 6430, Ada County records, fro which point, the utheast corner of said Section 17 bears
N.88"44' i2"E., 2677.97 feet; thence, a ng the mid-s iOllline of said section,
B) N.Ol 010' 1S"E., 576.57 feet to the s,milierly right-of-say line of said road:
thence, continuing.
C) N.010lO'1S"E., 244.85 feet to a p . tOil a nOll-tangent curve, being the intersection
of said lint with the southweste line of L:lt 44, Block 20 of said Two Rivers
Subdivision No. 8 and (!l<: 0 T OF BEGINN1NG; tilence, along said
southwesterly lint through the f lowin courses:
1) Southeasterly along said eta th right having a radius of 95 no ft>Pl, an ar2
length of 57.72 feet, thr gh a centTaL g1e of 34048'35", and a cbord beanng
and distance of 5.160 14 2"E., 56.83 fee ~lence, tangent from said curve,
).) SOlolO'15"W.,120. feettothebcgi . 'ofa (a.ngeuL L:urve; thence,
3) Southeasterly along aid curve to the left ving a radius of 45.00 feet, an arc
length of 53.99 fe ; through a central angle f 68044'13", and a chord bearing
and distance of ~ JO 11' 51"E., 50.81 feet; then tangent from said curve,
4) 5.67033' 58"E., 1.98 feet to [be beginning of a t gent curve; thence,
5') Sourhea.sle:iy ong <;aici l~urve to the left !.aving mdiu5 of 125.00 fect, 21.11 a!\~
length of 5.0 :eet, through a ce:1tral angle Ilf02'17' ", and a chord bearing ar.d
distance of .68042' 57"E., 502 feet to a point on a n -tangent curve; thence,
Lu( 44 som]nvesterly line,
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Toothman Orton Engr. Co.
208-323-2399
p. 12
DEVELOPMENT AGREEMENT
EXHIBIT 11- DESCRIPTION
3 OF 3
Project:
Date:
Page:
03080
May 13,2004
3 of 3
6) Southwe3terly along 'aid curve to the Ie. ..<lving a radiu~ of 182.00 feel, an <ire
length of 20.28 feel, augn a central gle of 06<22'59". and" chord bearing
and distance of S8603 5"W., 20.26 f t; thence,
7) N.67c32'22"W., 649.0] I t to the be nirgof a tangent curve; thence,
8) Northweslerly along said rve to t right having a radius of 53.50 feer, an arc
length of 64.27 feet, throug ce ral anfle of 68"49'40", and a chord bearing
and distance ofN.3Jo07'32" . 6 .47 Ceer; thence, tangent from said curve,
9) N.Ol "12'29"E., 120.48 feet to th eginning ofa tangent curve; thence,
10) Northwesterly along said curve 0 e left having a radill~ of 8650 te~t, an arc
length of 3846 feet, through cent. a:1g1e of 25028'26", and a chord bearing
and distance ofN.ll "32'39" .,38.14 f t; thence, non-tangent from said curve,
II)NrWIO'15"E., 16.9,1 feet to cPOINT BEGINNING.
SA1D PARCEL 2 CONTAINING 7,59 -quare feet, or 01 acres, more or less.
SUBJECT TO aU Covenants, Rights, Rights-of- Way, Easl:ments of Reccrd, and Encumbrances
EXHIBIT "D" attached, and by this reference, made a par hereof.
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