Development Agreement - 2016 - Amended & Restated The Preserve "Eaglefield Common Subdivision" - 4/4/2016Recording Requested By and
When Recorded Return to:
Planning and Zoning Administrator
City of Eagle
P.O. Box 1520
Eagle, Idaho 83616
SCAN
ADA COUNTY RECORDER Christopher D. Rich 2016-035522
BOISE IDAHO Pgs=16 BONNIE 04/28/2016 08:34 AM
EAGLE CITY NO FEE
ADA COUNTY RECORDER Christopher D. Rich 2017-112388
BOISE IDAHO Pgs=18 VICTORIA BAILEY 11/22/2017 03:13 PM
EAGLE CITY NO FEE
11/11111 1111 1111111111111111 1 11111111111111111111
00436713201701123880180188
ZI-ger.oRD C. zew7 'iL if cg1PTl91N
For Recording Purposes Do
Not Write Above This Line
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This Amended and Restated 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"), and THE PRESERVE, LLC, an Idaho limited liability company
("Owner"). Upon recordation of this Development Agreement, that certain Development Agreement
recorded in the real property records of Ada County, Idaho, on September 13, 2007, as instrument number
107128270 (the "Original Development Agreement") shall be void and of no further force or effect.
WHEREAS, Owner is the owner of record of certain real estate consisting of approximately 8.93 -
acres generally located on the north and south side of W. Escalante Drive approximately 960 -feet north of
the intersection of N. Linder Road and State Highway 44, Ada County Parcels # R4307730483,
R43077301400, R4307730410, and R4307730473 ("Property"), as specifically defined in the attached legal
description (Exhibit A), and shown on the Concept Plan (Exhibit B), which is a portion of the site subject
of an application for rezone, identified as Eagle Rezone Application No. RZ-12-06 and which is subject to
an application for modification of development agreement, identified as Eagle Rezone Modification
Application No. RZ-12-06 MOD; and
WHEREAS, the proposed development includes properties within an area that, at the time the
Original Development Agreement was recorded, was designated on the Land Use Map of the
Comprehensive Plan as Transitional Residential and zoned R -4 -DA -P (Residential with a Development
Agreement — PUD) and MU -DA -P (Mixed Use with a development agreement -PUD); and
WHEREAS, Owner desires to develop the Property with a 22 -lot (16 -single-family residential, 3 -
multi -family residential, and 3 -common) residential planned unit development use as generally shown on
the Concept Plan (Exhibit B); and
WHEREAS, the City Council of Eagle has determined that the scope of any residential project
upon the Property should be limited to prevent undue damage to, and to otherwise be in harmony with, the
existing community; and
WHEREAS, the intent of this Amended and Restated Development Agreement is to protect the
Owner's right to use, enjoy and develop the Property while at the same time limit any adverse impacts of
the development upon neighboring properties and the existing community and ensure the Property is
developed in a manner consistent with Eagle's Comprehensive Plan and City Code; and
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WHEREAS, Owner have agreed to the use restrictions and other limitations set forth herein upon
the use and development of the Property and has consented to the Residential with Development Agreement
Planned Unit Development District ("R -4 -DA -P") zoning designation and Mixed Use District ("MU -DA")
zoning designation for the Property with the requirements set forth in the Original Development Agreement
as replaced by this Amended and Restated Development Agreement; and
WHEREAS, Owner has provided Eagle with an affidavit agreeing to submit the Property to a
development agreement (Exhibit C) pursuant to Eagle City Code Section 8-10-1(C)(1); and
WHEREFORE, Owner and the City of Eagle desire to enter into this Amended and Restated
Development Agreement and for and in consideration of the mutual covenants contained herein, it is agreed
as follows:
ARTICLE I
LEGAL AUTHORITY
This Development Agreement is made pursuant to and in accordance with the provisions of Idaho Code
Section 67-6511A and Eagle City Code, Title 8, Chapter 10.
ARTICLE II
ZONING ORDINANCE AMENDMENT
Eagle has adopted ordinances amending the Eagle Zoning Ordinance to rezone the Property to R -4 -DA -P
and MU -DA -P, subject to the provisions of the Original Development Agreement, and as specifically set
forth previously in Ordinance No. 579 which became effective after its passage, approval, and publication
on October 11, 2007.
ARTICLE III
CONDITIONS ON DEVELOPMENT
3.1 The maximum density for the Property shall be 6.00 dwelling units per acre. There shall only be
single-family residential lots located north of West Escalante Drive.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, and notice shall be provided as may be required by the City.
3.4 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required
architecture standard for the development. The applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R's. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and
approved by the City attorney prior to the approval of a condominium plat or issuance of a zoning
certificate, whichever occurs first.
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The submittal of a building permit application to the City for all buildings within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
3.5 The owner shall submit a Design Review application for the site (as required by Eagle City Code)
and shall comply with all conditions required by the City of Eagle as a part of the Design Review
prior to the submittal of a final plat application.
3.6 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, private access drives, parking lots, and
amenities. The owner shall provide an operation and maintenance manual, for the pressurized
irrigation facilities, private access drives, and parking lots, including the funding mechanism
as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the
land and that the requirement cannot be modified and that the homeowners association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open -style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or other similar decorative style
fencing. All other fencing (i.e. cedar fencing, vinyl, chain link) shall be prohibited. The
residential lot located adjacent to the commercial lots is permitted to have solid fencing located
adjacent to the west property line and not to encroach into the front yard.
(c) Language controlling the number of times a single elevation/design can be used within the
development and the proximity of similar elevation/designs to each other.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be
deemed to be amended to comply with the applicable rule, regulation, law or ordinance.
3.7 In the event that Owner desires to construct multi -family residential units on the lots located south
of West Escalante Drive the Owner shall be required to submit a conditional use permit
modification application and design review application for review and approval prior to the
issuance of a building permit.
3.8 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of
Eagle's municipal water system. The water main size, to be determined by the City Engineer at the
time of the final plat review, shall be dedicated to the public and shall only be constructed on rights
of way or easements. Easements or permits secured for the main extension shall be obtained in the
name of the City, along with all rights and title to the main at the time of service is provided to the
customer paying for the extension. Water mains shall be extended by the applicant as designated
by the City Engineer where future water system extensions are expected to occur.
ARTICLE IV
AFFIDAVIT OF PROPERTY OWNERS
Affidavits of the Owner is attached hereto and incorporated by reference herein agrees to subject the
Property to this Development Agreement (Exhibit C) and be bound thereby, and comply with and be bound
by the provisions set forth in Idaho Code Section 67-6511A and Eagle City Code Section 8-10-1 shall be
provided and is incorporated herein by reference.
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ARTICLE V
DEFAULT
5.1 In the event the Owners fail 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, 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.
5.2 If required to proceed in a court of law 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.
5.3 If the terms of this Development Agreement expires prior to completion of the Conditions of
Development or without an amendment to this Agreement for its extension being in process in
accordance with the notice and hearing provisions of Idaho Code Section 67-6509, as required
by Eagle City Code Section 8-10-1, use of the property shall be limited to those uses allowed
within an A -R (Agricultural -Residential) zoning designation until Eagle enacts and records an
ordinance changing the property to the A -R (Agricultural -Residential) zoning designation.
ARTICLE VI
UNENFORCEABLE PROVISIONS
Subject to terms of Section 5.3 above, if any term, provision, commitment, or restriction of this 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 nevertheless remain in full force and effect and that portion
determined to be invalid or unenforceable shall be re -negotiated in good faith between Owner(s) (or other
appropriate party) and Eagle.
ARTICLE VII
ASSIGNMENT AND TRANSFER
After its execution, the Development Agreement shall be recorded in the office of the County Recorder at
the expense of the Owner. 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 Owner 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
bound by and liable for all commitments and other obligations arising under this Agreement with respect
to the Property or portion thereof.
ARTICLE VIII
GENERAL MATTERS
8.1 Amendments. Any alteration or change to this Development Agreement shall be made only after
complying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by
Eagle City Code Section 8-10-1.
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8.2 Paraaranh Headinas. 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 of this 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.
8.3 Choice of Law. This Development Agreement shall be construed in accordance with the laws of
the State of Idaho in effect at the time of the execution of this Development Agreement. Any action
brought in connection with this Development Agreement shall be brought in a court of competent
jurisdiction located in Ada County, Idaho.
8.4 Leeal Representation. Both the Owner 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.
8.5 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
660 E. Civic Lane
Eagle, Idaho 83616
Owners: The Preserve, LLC
Attn: Thomas Coleman
3103 W. Sheryl Drive, Suite 100
Meridian, Idaho 83642
Or such other address and to such other persons as the parties may hereafter designate. Any such
notice shall be deemed given upon receipt if by 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.
8.6 Financial Assurance. In addition to the other remedies afforded Eagle herein, Owners agree to
provide adequate financial assurance to Eagle, to secure the payment of any deferred balance of the
attorney fees and the engineering fees, together with interest accrued thereon. Eagle shall provide to the
Owners an estimate for the anticipated attorney fees and engineering fees associated with this
Agreement. The Owners shall provide a cash deposit, letter of credit or a bond in the amount of the
estimated fees associated with the work undertaken pursuant to the terms of this Agreement. Thereafter,
Eagle shall bill Owners for such fees, adjusting the estimates as appropriate. The Owners shall make
payments for such fees as incurred by Eagle and as invoiced to the Owners or, if Owners have made a
cash deposit with Eagle, Eagle may draw on the deposit to pay its invoice. If the financial assurance
deposited by Owners is in the form of a letter of credit, and if the Owners fail to make payment for such
fees when actually incurred by Eagle and invoiced, then following thirty (30) days of written notice of
such failure from Eagle, Eagle may draw upon the financial assurance provided by the
Owners. Thereafter, if the then current estimated fees still to be paid exceeds the amount of the then
current balance of the financial assurance (whether it be in the form of a cash deposit or a letter of
credit),the Owners shall replenish the financial assurance and shall become current as to all outstanding
fees owed. Upon payment in full of all attorney fees and engineering fees, Eagle shall release to the
Owners the unused portion of the cash deposit or the letter of credit, as applicable. Eagle's draw upon
the financial assurance under this Section shall not preclude it from exercising any of the other rights
and remedies afforded it in Article V or in Section 8.7.
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8.7 Default. In the event Owners fail to comply with the terms and conditions hereof in any material
respect, the City may, without further notice to Owners, exercise any or all of the following
remedies.
A. Withhold the issuance of any building permit or certificate of occupancy of any structure
located within the Project;
B. Withhold the connection of water, sewer or electric service to any property located within the
Project;
C. Refuse to accept public ownership and maintenance of public improvements within the Project
and record a notice of such action with the Ada County Recorder's Office;
D. Issue a stop work order for any building under construction within the Project;
E. Withhold reimbursement of Project surety/financial guarantee of performance collected
pursuant to Section 8.6 of this Development Agreement and Section 9-4-2-2 of the City Code;
F. Bring an action for damages, injunctive relief, specific performance or any other remedy
available
at law or in equity;
All of the above remedies are cumulative and to the extent not wholly inconsistent with each other,
may be enforced simultaneously or separately, at the sole discretion of the City.
8.8 Effective Date. This Development Agreement shall be effective upon the signing and execution
of this agreement by both parties.
8.9 Authority to Enter Into Agreement: By the execution and delivery of this Agreement by the parties,
and the performance of their covenants and obligations therein, the parties acknowledge such action
has been duly authorized by all necessary corporate (or LLC) action, and necessary corporate (or
LLC) resolution(s) have been executed for the undersigned representatives to sign this Agreement
and so bind their respective parties.
IN WITNESS WHEREOF, the parties have executed this Development Agreement.
DATED this 1 day of 1 T(Pa-t 1, 2016.
CITY OF EAGLE, a municipal corporation
organized and existing under the laws of the
State of Idaho
By:
Stan Ridgeway, Mayor
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ATTEST:
By:
Sharon K. Bergmann, City Clerk
STATE OF IDAHO )
ss.
Owner: The Preserve, LLC
By: Coleman Homes, LLC, Managing Member
By:
Thomas M. Coleman, President
County of Ada ,r)
f
On this v' day of)tA64',2016, before the undersigned notary public in and for the said
state, personally appeared THOMAS M. COLEMAN, known or identified to me to be the President of
Coleman Homes, LLC, the Managing Member of The Preserve, LLC, the owner of the property referenced
herein, and the person who executed the foregoing instrument.
written.
IN WITNESS WHEREOF, I have hereunt./et my hand and seal the d and year first above
104CA L.c
ki4 Nota a ublic for aho 047
a► OTAR ' Residi : at: �
My Commission Expir : �t / I
a
4s`4, ? OF %[11' a
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INDEX OF EXHIBITS
A - Legal Description
B Concept Plan
C - Affidavit of Owner
D Typical Housing Styles
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EXHIBIT "A"
Description for Eaglefield Commons Subdivision No. 1
September 25, 20
P• q ions of Lots 1, 3 and 5, Block 1, of Irish Acres Subdivision, as filed in Book of Plats at
Page 6694, • • a County records, being located in the SE 'A of Section 11, T.4N., R.1 W , B.M., and
more particular described as follows:
Commence • at the northeast corner of the SE ''A of said Section 11, fro ich the southeast
corner of said section 'ears South 00°49'08" West, 2645.29 feet (formerly So 00°20'00" West,
2645.18 feet); thence al • : the east line of said SE 'A South 00°49'08" We , 760.99 feet; thence North
89°25'00" West, 71.27 fee o a point on the northerly boundary of the s . Lot 3, also being a point of
curvature on the northerly rig -of-way of West Escalante Drive and a POINT OF BEGINNING;
Thence along said north- y right-of-way 409.81 feet alon e arc of a curve to the left, said
curve having a radius of 335.00 fe.. a delta angle of 70°05'27" nd a long chord bearing South
55°32'16" West, 384.73 feet to a poi of reverse curvature;
Thence continuing along said ri:.t-of-way 403.54 ' et along the arc of a curve to the right, said
curve having a radius of 465.00 feet, a de angle of 46'13'24", and a long chord bearing South
45°21'15" West, 391.00 feet to a point on the wester boundary of the said Lot 5, also being on the
easterly boundary of Eaglefield Estates Subdiv
Page 13150, Ada County records;
Thence along the westerly boundary
Eaglefield Estates Subdivision No. 1, Nort
feet to the northwest corner of said Lot 1
Subdivision No. 1;
Thence leaving the boundary
northerly boundary of said Lot 1 S
396.80 feet) to the northeast co
Thence along the easte
South 00°20'00" West, 200.
northerly boundary of said . of 3;
Thence along saenortherly boundary South 89°25'00" East (formerly South 8
191.53 feet to the Poin . f Beginning. Containing 4.78 acres, more or less.
o. 1, as filed for record in Book 100 of Plats at
said L
0°49'28"
lso being the no
s 5, 3 and 1, and easterly boundary of said
t (formerly North 00°20'00" East), 698.51
easterly corner of said Eaglefield Estates
f said Eaglefield Estates Su : 'vision No. 1, and along the
th 89°25'13" East, 396.70 feet (
r of said Lot 1;
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EXHIBIT "C"
Affidavit of THOMAS M. COLEMAN on behalf of Coleman Homes, LLC, Managing Member of
The Preserve, LLC
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
) ss.
County of Ada
THOMAS M. COLEMAN, who being first duly sworn under oath, deposes and says:
1. I am THOMAS M. COLEMAN, who is the President of Coleman Homes, LLC, which is
Managing Member of The Preserve, LLC, whose mailing address is 3103 W. Sheryl Drive,
Suite 100, Meridian, ID, 83642 ("The Preserve, LLC").
2. The Preserve, LLC, is the fee simple owner of the parcel of real property described on
Exhibit 1, attached hereto (the "Property").
3. The Preserve, LLC, authorizes the submission of the Property to certain Development
Agreement pursuant to the provisions seorth in Idaho Co e Section 67-6511A and Eagle
City Code Section 8-10-1 dated the day of , 2016 by and between the
City of Eagle, a municipal corporation in the State of Idaho, and Thomas M. Coleman, The
Preserve, LLCthe "Agreement").
DATED this 2day of , 2016.
SUBSCRIBED AND SWORN to before m
The Preserve, LLC
By: Coleman Homes, LLC, Managing Member
By: \
Thomas M. Coleman, President
this day of Altj--&71016.
Nota Public for Id
Residin at
My Commission expir
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EXHIBIT "D"
EXHIBIT "D"
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EXHIBIT "D"
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EXHIBIT "A"
Description for Eaglefield Commons Subdivision
RECEIVED & FILED
CITY OF EAGLE
JUL 01 2015
I File•
Ro4yte tr•
AEin Li, iluiL
A portion of Block 1 of Irish Acres Subdivision, as filed in Book 65 of Plats at Page 6694, Ada
County records, being located in the SE '/4 of Section 11, T.4N., R.1 W., B.M., and more particularly
described as follows:
PARCEL A
Portions of Lots 1, 3 and 5, Block 1, of said Irish Acres Subdivision, more particularly
described as follows:
Commencing at the northeast comer of the SE 'h of said Section 11, from which the southeast
corner of said section bears South 00°49'08" West, 2645.29 feet (formerly South 00°20'00" West,
2645.18 feet); thence along the east line of said SE 1/4 South 00°49'08" West, 760.99 feet; thence North
89°25'00" West, 71.27 feet to a point on the northerly boundary of the said Lot 3, also being a point of
curvature on the northerly right-of-way of West Escalante Drive and the POINT OF BEGINNING;
Thence along said northerly right-of-way 409.81 feet along the arc of a curve to the left, said
curve having a radius of 335.00 feet, a delta angle of 70°05'27", and a long chord bearing South
55°32'16" West, 384.73 feet to a point of reverse curvature;
Thence continuing along said right-of-way 403.54 feet along the arc of a curve to the right, said
curve having a radius of 465.00 feet, a delta angle of 49°43'24", and a long chord bearing South
45°21'15" West, 391.00 feet to a point on the westerly boundary of the said Lot 5;
Thence along the westerly boundary of said Lots 5, 3 and 1 North 00°49'28" East (formerly
North 00°20'00" East), 698.51 feet to the northwest comer of said Lot 1;
Thence along the northerly boundary of said Lot 1 South 89°25'13" East, 396.70 feet (formerly
South 89°53'54" East, 396.80 feet) to the northeast comer of said Lot 1;
Thence along the easterly boundary of said Lot 1 South 00°49'08" West, 200.02 feet (formerly
South 00°20'00" West, 200.00 feet) to the southeast comer of said Lot 1, said point being on the
northerly boundary of said Lot 3;
Thence along said northerly boundary South 89°25'00" East (formerly South 89°53'54" East),
191.53 feet to the Point of Beginning. Containing 4.78 acres, more or less.
PARCEL B
Portions of Lots 3, 4 and 5, and all of Lot 6, Block 1, of said Irish Acres Subdivision, more
particularly described as follows:
Commencing at the northeast comer of the SE 1/4 of said Section 11, from which the southeast
corner of said section bears South 00°49'08" West, 2645.29 feet (formerly South 00°20'00" West,
2645.18 feet); thence along the east line of said SE 1/4 South 00°49'08" West, 1370.00 feet; thence
North 89°25'00" West, 62.00 feet to a point on the southerly boundary of the said Lot 6, also being on
the westerly right-of-way of North Linder Road and the POINT OF BEGINNING;
Thence continuing along said southerly boundary, and the southerly boundary of said Lot 5,
North 89°25'00" West (formerly North 89°53'54" West), 597.58 feet to the southwest corner of said
Lot 5;
Thence along the westerly boundary of said Lot 5 North 00°49'28" East (formerly North
00°20'00" East), 36.39 feet to a point on a curve on the southerly right-of-way of W. Escalante Drive;
Thence along said right-of-way:
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Thence 490.39 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 535.00 feet, a delta angle of 52°31'04", and a long chord bearing North 46°45'05"
East, 473.40 feet to a point of reverse curvature;
Thence 320.16 feet along the arc of a curve to the right, said curve having a radius of
265.00 feet, a delta angle of 69°13'22", and a long chord bearing North 55°06'14" East, 301.04
feet;
Thence South 44°19'43" East, 35.26 feet to a point on the westerly right-of-way of N.
Linder Road;
Thence leaving said northerly right-of-way, and along said westerly right-of-way:
Thence South 00°49'08" West, 224.00 feet;
Thence South 06°31'46" West, 120.60 feet;
Thence South 00°49'08" West, 170.04 feet to the POINT OF BEGINNING.
Containing 4.15 acres, more or less.
Total site (Parcels A and B) containing 8.93 acres, more or less.
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