Ordinance - 2007 - 573 - Annex/Rezone Castlebury West Business Park - 07/24/2007
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO OB/23/07 01:50 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF
Cily of Eagle
AMOUNT .00
7
1111111111111111111111111111111111111
107119112
ORDINANCE NO. 573
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN THE
UNINCORPORATED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS TO THE
CORPORATE LIMITS OF THE CITY OF EAGLE, TO THE CITY OF EAGLE, IDAHO;
ESTABLISHING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY
DESCRIBED HEREIN; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGES; DIRECTING THAT COPIES OF THIS ORDINANCE BE FILED
AS PROVIDED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho and is authorized to annex to and incorporate within the boundaries
of the City contiguous real property in the manner provided by Section 50-222, Idaho Code; and
WHEREAS, the owners of the real property situated in the unincorporated area of Ada County
and particularly described in Exhibit "A" of this ordinance has requested, in writing, annexation
of said real property to the City of Eagle; and
WHEREAS, the owners of the real property situated within the City of Eagle and particularly
described in Exhibit "A" of this ordinance have requested, in writing, a rezone from RUT to MU-
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law, held a public hearing on January 22,2007, as required by Section 67-6525,
Idaho Code, and made a recommendation to the Mayor and Council; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing on March 27,2007, on the proposed annexation and zoning for the real property
described in Exhibit "A" as required by Section 67-6525, Idaho Code, made findings and
determined that the requested annexation should be granted and that a zoning classification of
MU-DA for the property described in Exhibit "A" is appropriate to meet the requirements of
Idaho Code, Eagle City Code and the Eagle Comprehensive Plan and should be granted,
Page 1 of3
K:\COUNCIL\Draft Ordinances\Ord 573 Castlebury West Business Park doc
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF EAGLE, IDAHO, as follows:
Section 1: The Eagle City Council hereby finds and declares that the real property particularly
described in Exhibit "A", attached hereto and incorporated herein by reference, is contiguous to
the City, that said property can be reasonably assumed to be used for the orderly development of
the City, and that the owner of said property has requested, in writing, annexation thereof to the
City,
Section 2: The real property, all situated in Ada County, Idaho, adjacent and contiguous to the
City, particularly described in Exhibit "A" and as generally shown on Exhibit "B", attached, is
hereby annexed to the incorporated territorial limits of the City of Eagle, Idaho.
Section 3: The City Council hereby finds and determines that it is in the best interests of the
public health, safety, and welfare of the City of Eagle and the residents and property therein that
the real property particularly described in Exhibit "A" and generally as shown on Exhibit "B",
attached hereto and incorporated by reference, is hereby removed from the RUT (Rural Urban
Transition) District classification and is hereby included in the Mixed Use (mixed use with a
development agreement) District classification MU-DA all pursuant to the Zoning Ordinance of
the City of Eagle. The City Council further finds and determines that said zone change is in
accordance with the Eagle Comprehensive Plan and relevant City Codes,
Section 4: The official Zoning Map of the City of Eagle, Idaho, is hereby amended to reflect the
foregoing change in zoning classification.
Section 5: From and after the effective date of this Ordinance, all property and persons within
the boundaries and territory described above shall be subject to all ordinances, resolutions, police
regulations, taxation, and other powers of the City of Eagle.
Section 6: The City Clerk is hereby directed to file, within ten (10) days of passage and approval
of this Ordinance, a certified copy of this Ordinance with the offices of the Auditor, Treasurer,
and Assessor of Ada County, Idaho, and with the Idaho State Tax commission, Boise, Idaho, as
required by Section 50-223, Idaho Code, and to comply with the provisions of Section 63-2215,
Idaho Code, with regard to the preparation and filing of a map and legal description of the real
property annexed by this Ordinance.
Section 7: This Ordinance shall take effect and be in force from and after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary
thereof in compliance with Section 50-901A, Idaho Code, may be published.
Page 2 of3
K:\COUNCIL\Draft Ordinances\Ord 573 Castlebury West Business Park doc
DATED this 24th day of July 2007.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
Sharon K. Bergmann, Eagle City C rk
STATE OF IDAHO)
: ss,
County of Ada )
On thisc2!l- day of \h../~ ' in the yearo?tXJt-, before me, the undersigned, a
Notary Public in and for said St te, personally appeared NANCY C. MERRILL and SHARON
K. BERGMANN, known to me to be the MAYOR and CITY CLERK of said municipal
corporation that executed this instrument and the persons who executed the said 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
first written,
11'!LaI e' /7 /)L '..""~"'.'~
Y -r c" 6bI:ff-- 0,." ~
N~~~ Public " g v _i ) ,~
Residing at: Cj(,Uflu J Wd..o ," .:;
My Commission Expire~: 1::J!e1J/O'l' ,."......~:c:. ~".
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Page 3 of3
K:\COUNCIL\Draft Ordinances\Ord 573 Castlebury West Business Park.doc
Aug 25 2006 11:40AM CAPITAL DEVELOPMENT
20B3753271
".4
A I.
EXHIBIT "A"
SCHEDULE A
OtderNumber: 5034524tn
LEGAL DESCRIPTION
Paroel (:
A parcel of land being a portion of the Southeast Quarter of Section 24, Township 4 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Conunencing Ilt. tho Southeast corner of said Southeast Quarter (Section comer conunon
To sections 24, 19,30 and 25) sald comer olso beins the centerline ofU,S. Highway 2()'26
(Chlnden Blvd.) and is rnonumented with R found 3 inch diameter brass disk; thence
North 0"26'28') East, a dlslaJl~e of 40.00 feet 'a1ong the Basterly boundary of said Southeast
Quarter 10 a point on the northerly right of way of said U.S, Highway 2(J..26, said point
Monumellted with 11 5/8 inch dilPl1cter Iron pin; thence
North 89037'39" West, a djs~ce of 1334.58 feet along the northerly right of way of .ald
U.S. Highway 2()'26 ~d parnlif,l with the southerly boundary of sald Southeast Quarter
To a point on the weslerly boundmy of the East Half of said Southeast Quarter; thence
Continuing
North 89"37'39" West, 11 distance of 8.89 feet along the northerly right of way Qfsald
O..S. Highway 2().26 and parallel with the southerly botUldary of said Southeast Quartet
To a point. thence leaving said northerly tlgh.t of way
North 0020'38" West II distance of 400,00 feel to the PoInt ofDeghmlng, said point
Monumenled with a 5/8 inch diameter Iron pin; thence continuing
North 0020'38" West, II distance of 779.26 feel along the easterly boundary ofFol( Tail
Subdivision as on 11Ie In Book 73 of Pia Is lit Page 7563 In the Office of the Recorder
Of Ada County, Idaho, to the NB comer of said Fox Tall Subdivision; thence
North 89032'56" West, a distance of 1304.90 feet, (fonnerly B distance of 1304.70 feet)
AlopS the nOI1berly bOU1ldary of said Fox Tall Subdivision to II point on the westerly
Boundary ofsald SoutheB~1 Quarter, said point being the NW comer of said FOl( TIliI
Subdlvlslon, and Is monumellted with a Sl8 il1eh diameter Iron pin; thence leaving the
Northerly boundary of said Fox Tall Subdivision
North 0040'04" East, a distance of 1435,16 feet along the westerly boundary of said Southeast
Quarter to tllC NW comer of said Soutbeast Quarter (Center V. comer), sald comer also Iyltlg
On the southerly boundary of the Amended Winwlltd River Heights SubdivisIon as on file
In Book 68 of PI Ills lit Page 6988 in the Office of the Recorder or Ada County, Idaho, and is
Monumented with II found 3 inch diameter aluminum disk; thence
South 89034'SO" East, II diSlance of26S8.84 feet along the northerly boundllJY of said Southeast
Quarter and along the southerly boundlU')' of said Amended Winward River Heights Subdivision
To tho NB corkler of said Southeast Quarter (ElISt ~ oomer) said 'corner monumented wlth a
found 5/8 Inch diameter iron pill; thence
South 0026'28" West, a distance of 1388,92 feet along the ~ler1y boWldary of said Southeast
Quarter to a painl; tJlencc
'1I'l'lulIlh" 50345241.
SIC~'1lI1 Till! o(Do,". I no.
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Rug 25 2006 11140AM CA~ITAL DEVELOPMENT
2083753271
1".5
,.
No\11l89G~4'55" West, II distance of378.50 feet to a point; thence
South 0026'28" West, a distance of 625.00 feet parallel with the easterly boundary ohaJd
Southcnst Quarter to a point; thence
North 89G34'SS" West, a distance of451 ,50 feet to a 5/8 inch diameter iron pin; thence
South 0026'28" West, a distance of200.70 feet parallel with the easterly boundary of said
Southeast Quarter to a 5/8 inch diameter tron pin, thence
North 89037'3.9" West, B distance of 518.94 feel parallel with. the southerly boundary of said
Southeast Quarter to tho Point of Beginning.
Parcel II:
A parcel of land being a portIon oillie Southeast Quarter of Section 24, Township 4 North,
RlI1lgC 1 West, Boise Meridian, Ada County, Idaho, more particularly described os follows:
Commencing at the Southeast comer of said Southeast Quarter (Section corner common to
Sections 24, 19, 30 and 25), said comer being the centerline ofU,S. Highway 2()"26 (Chinden
Blvd.) and monwnc1\tcd with a 3 Inch diameter brass disk: thence
North 0026'28" East, a distance of 40.00 feet along the Easterly bOWldllJ}' of said Southi:!aSt
Quarter to II point on the Northerly right otway of SAid U.S. Highway 2().26. said point being
The Point of Beglonlng and is monurnented wIth II S/8 Inch diameter iron pin: thence
. North 89037'39" West, 0 distance of 1,334,58 feet along the Northerly right of way ofswd
U.S. Highway 2()"26 and parallel with the Southerly boundary of said Southeast Quarter to a
Point on the Westerly boundary ofllie Bast Half of said Southeast Quarter; thence continuing
North 89037'.39" West, a dislance of 8.89 feet ttlong tho Northerly right of way of SIlld V,S,
Highway 2()"26 and parallel with the Southerly boundAl)' of sold Southeast Quarter to 8 pOint,
lhence leaving said Northerly right of way
North O~O'38" We~t, a distance of 400,00 feel 10 a 5/8 Inch diameter iron pin; lhence
South 89037'39" Bast, a dJstance of 5]8,94 feet parallel with the Southerly boundary ofsald
Southeast Quarter to II 5/8 Inch diameter iron pin; thence
North 0026'28" East, ft distanco of 200.10 feet parallcl wlth thc Easterly boundary afsaid
Southeast Quarter to a 5/8 inch diameter iron pin; thenco
South 89034'5S" East, 830.00 feet to a point on the Easterly boundary afsaid Southeast
QulU'ter;lhenco
SouUt 0"26'28" West, a distance of 600.00 feet along tho Easterly boundtlty of said SouthellSt
Quarter to the Point ofDeglonlng.
Excepting therefrom
A parpel of land convoyed to the State ofIdaho by Warranty Deed recorded August 19,2004, as
Instrument No, 104106S86, for right-or-way purposes being on the West side of Meridian Road,
Project No. ST.3230(61J) US.20 Intersection Meridian Road, on file in tho office of the Idaho
Transportation DepilJ'tmontwld being situated in the Sout1Jeast Quarter of tho Soulhonst Quarter
Of Section 24, Township 4 North, RlUlge 1 West, Boise Meridian, Ada County. Idaho, more
file Nuro1>c.. S03H241l1
SICwan Till, Q/'llolu. rnll.
Alf.loltod Le,1l o..crfplJO/l
1'.,.:1 or.
Aug 25 2006.-2.~.:, ~~ AM
CAPITAL DEVELOPMENT
20B3',S32? 1
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Particularly described as follows:
Commenoing at a brass cop monument marldng the Southeasterly corner of said Southeast
Quarter of the Southeast Quarter, said comer belus Station 100+00.00 of said Meridian Road,
From which a luIlflnch djamcter irollpin muking the Northeasterly corner of saId Southeast
Quarter oflhe Southeast Quarter bears
North 0026' SO" Bast, a dIstance of ) ,326.92 feet; Ulence
North 0026'50" Bast, along the &sterly boundaty of saJd Southeast Quarter of the Southeast
Quarter a distance of 40,00 feet to Station 100+40.00 on thCl centerline of said Meridian Road
And the Point ofBeglnulng; thence continuing
North 0026'50" East, II distance of 34.22 feet to Station 100+74,22 on the centerline otsaJd
Meridian Road; thence leaving said Basterly bOUlldllI)'
North 89.33'10" West, a dlslance of37.00 feet to a poInt 37,00 feet left of Station 100+74,22 of
Said Meridian Road; thencCl
South 45023'29" West. Il distance of 48.47 feet to a point on the Northerly right-of.way ofU,S.
Highway 20 and being 40.00 feet left of Stallon 719+48.63 ofU,g, Highway 20; thence
South 89037'] 3" East, along sRld Northerly right-of.way a distance of71,24 feet to the Polot
OrncglnDlng.
Further excepting therefrom
A pucel of land conveyed to Ada COWlt)' Highway DistrlCI by Warranty Deed recorded August
27.2004 as Instrwnenl No. ]04 110508. for rlght.or-wIlY purposes being on tho West side of
Meridian Road, Project No. 8T.3230(611), US-20 Interseotion Meridian Road, on file in the
Office of the Idaho Transportation Department and being situated In the Southeast QllIIrter of
Tho Southeast Quarter of Section 24. Township 4 North, Rlll1ge 1 West, Boise Meridllll1. Ada
Counly, Idaho, morc particularly described as follows:
Commencing at II brass cap monument marking the Southeasterly comer 0 f said Southeast
Quarter of the SouthellSt Quarter, said corner bCllng Station 100+00.00 of said Meridian Road
From which a half Inch diameter Iron pin marking the Northeaslerly corner of said Southeast
Quarter of the SouthCllSt Quarter bears
Norlh 0026'SO" East, a distance of 1,326.92 feel; thence
North 0026'50" East, along the Easlcrly boundary ofsaJdSoutheast Quarter of the Southeast
Quarter II dlslanceof74.22 fcetlo Station 100+74.22 on the oenterline of said Meridian Road
and the Point of Beglnnlngl thence continuing
North 0026'50" East, a distance of41 5.78 feet 10 Station 104+90.00011 the centerline of said
MeridIan Road; thencCl leaving said Easterl)' boundary
North 89033'10" West, a distance of37,OO feet left of Stal ion 104'HI0.OO of said Merldlan
Road; thence
South 0026'49" West, a distance of41 5.78 fecno a point 37.00 feet left of Station 104+90.00
Of said Meridian Road; thence
South 89033'10" East, a dlslanCc of 37.00 feet to the Point or Beginning.
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Valley Times
P.O, Box 1790 - Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
Identification:
Account:
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Run Dates:
Addn
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY SITUATED IN'J,
IININCORPORA TED AREA OF ADA COUNTY, IDAHO, AND CONTIGUOUS Tv
CORPORATE UMITS OF TIfE CITY OF EAGLE, TO THE cn'Y OF EAGLE, IDAHO;
EST ABUSHING THE ZONING CLASSIFICATION OF SAID REAL PROPERTY
DESCRiBED HEREIN; AMENDING THE ZONING MAP OF THE CITY OF EAGLE TO
REFLECT SAID CHANGES; DIRECTING THAT COPIES OF TIfIS ORDINANCE BE FILED
AS PROVIDED BY LAW; AND PROVIDING AN EFFEcTIVE DATE.
WHEREAS, the Cily of Eagle, Idaho is a municipal corporation organized and operating under
Ihe laws of Ihe Slate of Idaho and is authorized to _ to and incorporate within the houndaries
of the City contiguous real property in the manner provided by Section SO-222.ldaho Code; and
WHEREAS, the owners of the real property situated in the uniocolpOtated area of Ada County
and particularly described in Exhibit <<A" of this ordinance has requested. in writing. annexation
of said real property to the City ofEagle; and
WHEREAS. the OWllers of the real property situated within the City of Eagle and particularly
described in Exhibit "A" of this ordinance have requested, in writing, a rezone from RUT to MlJ-
DA; and
WHEREAS, the Planning and Zoning Commission of the City, pursuant to public notice as
required by law. held a public hearing on January 22. 2007, as required by Section 67..t5525.
Idaho Code, and made a recommendation 10 the Mayor and Council; and
WHEREAS, the Eagle City Council, pursuant to public notice as required by law, held a public
hearing ou March 27, 2007, on the proposed annexation and zoning for the real property
described in Exhibit ;'A.' as required by Section 67~6525, fdalJo Code, made findings and
determined that the requested annexation should be b'famed and that a zoning classification of
MlJ~DA for the property described in Exhibit "A" is appropriate to meet the requirements of
Idaho Code. cagle City Code and the Eagle Comprehensive Plan and should be granted,
NOW, TllEREFORE, BE IT ORDAl,\iFll BY THE MA YOR AND COUNCIL OF TIlE CITY
OF EAGLE. IDAHO, as follows:
Section I: The Eagle City Council hereby linds and declare, that the real propeny panicularly
descrihed in Exhibit '"A". auached hereto and iocllI]lorated herein by referenee, is cootiguous to
the City, that said property can be reaSOnably assumed to be used fnr the orderly development of
the City. aod thai the OWner nf said property ha, requested. in writiog, annexation thereof to the
City.
Sectioa 2: The real propeny. all situated io Ada Couoty.ldaho, adjacent and contiguous to the
City. particularly described in Exhibit "'A" and as gcneraUy shown on Exhibit "'B", anaehed, is
hereby annexed to lhe incorporated territoriallimils oflhe City of Eagle. Idaho
Section ~; The City Council hereby linds and delennine~ that it is in the best interests of the
public health. safety. and welfare of the City of Eagle and the residents and property therein that
the real properry particularly described in Exhihit "'AU and generally as shuwn on Exhibit "'B",
attached hereto and incorporated by reference. is hereby removed from the RUT (Rural Urban
Transilion) District classification and is hereby included in the Mixed Use (mixed use With a
development agreement) District classification MU-DA aU pursuant to the Zoning Ordinance of
the Cily of Eagle. The City Council further fiods and determines that said Zone change is in
accordance wilh the Eagle Comprehensive Plan and relevant City Codes.
~n 4: The official Zoning Map of the City of Eagle. Idahu, is herehyamended Jo reflect the
foregoing change in zoning classification.
See!ion 5: From and aller the effoclive date oflhis Ordinance, all property and persons wilhin
the houndaries and territory described ahove shall he suhject to all ordinances, resolutions. police
reguJations. taxation, and other powers of the City of Eagle.
W OOU'2J" Ilul,. - - -...
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C-^cl.~'i'"tc.Yl \..L. NI.), j-' 3
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~ 8M4'5$" Ilul, 830.00 l'eello a poIDI0Il1lle I!as1erly I
Qulll1et;.__ W'" ..~_. of 600.00 ftet aIotlg tho il8l
Soul\! OOU'28" _.. a ~M__
QvallItf to tho PoIDt orBealDnla1lo
ExeeptID. therel\'tw
..... WIIl'IIIllY'
oflIJldCOllv0y041O tho Slataofl ., bell11:
~No.I04106586, forrlght=IIllRolI
ProJerel' No. ST.3230(611) U~~~ sktmed in !be BoU1lloa
TrallspoIIa'*'24 1'~i:"'" ~ North, Ranae 1 Wesl, 00lM MerI
OrSerel101l ,ono~
pilr\Ie\lWly described 8$ follows:
lllOJIumenl marldng the So\lIh..
Commencing at a 1>rass cap 'd eomer beloa Station I
Quarter of1ho :;:r::.s\dl=:o pin marking tho Nor1bt
From wblch · ^'_w bean
QuarIor of tho SOlllbeul "._,... 26 92 feet. UlOOCC
NOIlb 0"26' SO" Easl, 0 dlSIa!\Ce::':;1y boun.t..Y of said So
Nor1b O'26'SO" EaI1; :~~g~ ::1 to Stallon 100+40.00 on tllO
QuarIor a dl_ 0 , IhcDee eondDlling
And tho Point olBeg/..lall, of 3422 feet 10 Station 100'
North 0"26'50' East, a <Il_ said &.tcrly boundary
Motldian Road; 1honce ~~~~ce of37,OO ~e1 to a ~11\I37
Nc>rth 89'33'10" West,'
Sold MerIdl.. Road; thenco of 48.47 reel to a ~lnl OIl
SQuth 45'23'29" Wcst, · dl~ left or Statio. 119t48.63 ,
HIslIwDY 20 nod belng 40,00 ld Northerly rislll-of.way . c
South 89'31'13" 1lasI, along Sl\
OtllOlIoDI...
Y boundary ofsaill
FDrther exeeplllll therol'rom
cd IOAde Counly HlslI\VllY DIstrict
A parcel olland convey No. 104 I 105os. for rlght-of.way pu
21, 2004 lIS InsIrumlllll No. ST.3230(611), US.20 IlllerSeot
MerIdIan Road, PIOjeoI Ilo1I DeparltnClll1JId beIna .1
()J'fIoeoftholdal1o~llIi24 ToWltl1tlp4Nor1h.Ri
",. Soulhoul Quarter . IIltly dcs'cribed III follows:
CowtIy, IcWJo, I1lOfO pillion
. comer cammon to a_t mllldlll tllO SOllth.:
~Y 20-26 (Cblndtn Co~g 'I a bras. cap mo said comer being Slatioll
Q1laiIor otllte ~=:-lron pltt mtlllcloa the Norti
l'rOIII whIch a bait n"._ bears
Quarter oftbcSoutbeul ,,-- 326.92 tlIeI.then..
Norlh 0'26'SO" JlUI, a d~ :~~y bowl.:r ofSllld S
North O'26'so"llasI, 01022111;:: to Station 100+14.22 on II>
dl_of74, .' . I
QuatItIa .1. I then.. contrnu 111,
andthoP~I~Ile""~~or4Is.18 (<<tIOSto,lon II
North 0>26 50 I!llst, 8 .J~. said EaI1erly bowldll')'
MotldllD Road; \hClI..Ic~.".. 131.00 tee\ 101\ o'8Iotl
North 89'33 'I 0" West, 0 dIstance 0
Road; \bone. dialanco of 415,78 feot to a point;
South 0'26'49" Wost, a
Of aald Meridian ROlId; thenco r31 00 19t 10 thII Polnl
$pJIlh 89'33'10" llasI, ,dlJlanOO 0 ,
3C\ 0
"
trail
iler
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erIy
Tall
'itho
l8ldSouthoast
lOt' allO lylOI
liS olllile
Idlho, amli,
ors.td SoudIeasI
,IShII SnbdlvlsJoa
m1ed with a
,f,aId Soulhoas\
'\Old..,. ohaid
. pio; 1beneo
DIlOdOl)' of sald
.\
rownshlp 4 North.
JSCrlbed Il!l follows:
01)' of said Southt!ll!ll
20.26,sald poIJlt being
iron pin: Ill/lllCll
, rJahl of way or said
SoDlheest Qutulcr 10.
lJ\Wl thence conllnulng
>1.,( wll)' of said U.~,
hea>\ Qulll1et to a polOl,
bon pin; lhen~
'hotly boundary of said
rfy bound..,. ofraid
H
Amount
jl").Cf( + 5-(.-1,y.
~. C "1Y\'1 :.
..... 'I
EXHIBIT "Bn