HomeMy WebLinkAbout 19-98 - IGA with FURA for Tax Increment Sharing for Bighorn Urban Renewal AreaRESOLUTION 19-98
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE FIRESTONE
URBAN RENEWAL AUTHORITY, FOR PROPERTY TAX
INCREMENT REVENUE SHARING RELATED TO THE BIGHORN
URBAN RENEWAL PLAN
WHEREAS, by Resolution No. 2009-22, on July 9, 2009, the Town of Firestone Board
of Trustees (the "Town") established the Firestone Urban Renewal Authority (the "Authority"),
under and in accordance with the Colorado Urban Renewal Law, Colorado Revised Statutes
("C.R.S.") § 31-25-101, et seq. (the "Urban Renewal Law");
WHEREAS, the Authority commissioned the preparation of a conditions study and
urban renewal plan ("Urban Renewal Plan") for the area legally described in the Urban Renewal
Plan and commonly referred to as Bighorn ("Plan Area"), and the Urban Renewal Plan described
an urban renewal project for the elimination and prevention of blight that includes authorization
for tax increment financing, retaining the incremental property tax revenues from other taxing
entities levying a tax in the Plan Area as a tool to fund public improvements in and around the
Plan Area to stimulate and leverage private development in the Plan Area;
WHEREAS, the Authority undertook negotiations with the governing boards of affected
taxing entities, including the Town, pursuant to the Authority's notice under C.R.S. § 31-25-
107(9.5)(a) of the Urban Renewal Plan, and provided the Tax Forecast and County Impact
Report dated October 2019, in order to reach agreement on how the incremental property tax
revenues generated in the Plan Area will be shared, and to assess the financial and economic
impacts of the Urban Renewal Plan on the taxing districts, including the Town;
WHEREAS, Article XIV, Section 18 of the Colorado Constitution, C.R.S. § 29-1-201,
et seq. and C.R.S. § 31-25-112 of the Urban Renewal Law, provide for and encourage urban
renewal authorities and governmental entities within Colorado to make the most efficient and
effective use of their powers and responsibilities by cooperating with each other to accomplish
specific public purposes;
WHEREAS, the Authority and the Town have determined that it is in the best interests
of the parties to enter into an Intergovernmental Agreement for Property Tax Increment Revenue
Sharing (the "Agreement"), attached hereto as Exhibit A to cure conditions of blight, facilitate
construction of necessary improvements and the handling of property tax increment revenues,
as more fully set forth in the Agreement;
WHEREAS, the Town hereby finds that approval of the Agreement is in the Town's
best interest and will serve the public's health, safety and welfare;
WHEREAS, C.R.S. §31-25-107(1)(c)(II)(D) of the Act requires that agricultural land
19957755.1
may be included within the Plan Area, with the consent of each of the taxing entities, and
therefore the Agreement also includes a provision in which the Town consents to such inclusion;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. That the Town Board of Trustees hereby makes and adopts the
determinations and findings contained in the Recitals set forth above.
Section 2. The Agreement between the Town of Firestone and the Firestone Urban
Renewal Authority, for an intergovernmental agreement for property tax increment revenue
sharing related to the Bighorn Urban Renewal Plan is approved in substantially the same form as
the copy attached hereto and made a part of this Resolution, and the Mayor is authorized to execute
the Agreement on behalf of the Town; provided however, that this approval is conditioned upon
and subject to the Town Board's future resolution approval, in its sole discretion, of the Urban
Renewal Plan.
INTRODUCED, READ and ADOPTED this 20th day of November, 2019.
ATTEST:
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Lisa Bartley, Clerk Pro-t
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19957755.1
AS TO FORM:
Town Attorney
TOWN OF FIRESTONE, COLORADO
pa4
obbi SindWar, Mayor
INTERGOVERNMENTAL AGREEMENT FOR
PROPERTY TAX INCREMENT REVENUE SHARING
TOWN OF FIRESTONE, COLORADO
Bighorn Urban Renewal Plan
This Intergovr Property Tax Increment Revenue Sharing (the
"Agreement") is entered into as of November 20, 2019 (the "Effective Date") by and between the
FIRESTONE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of
Colorado (the "Authority"), whose address is 151 Grant Avenue, P.O. Box 100, Firestone, CO,
80520, ATTN: Executive Director, 151 Grant Avenue, P.O. Box 100, Firestone, CO, 80520, and
TOWN OF FIRESTONE, COLORADO, a political subdivision of the State of Colorado (the
"Town") whose address is 151 Grant Avenue, P.O. Box 100, Firestone, CO 80520, ATTN: Town
Manager, 151 Grant Avenue, P.O. Box 100, Firestone, CO 80520. The Authority and the Town
are referred to herein individually as a "Party" and collectively as the "Parties."
RECITALS.
The following recitals are incorporated in and made a part of this Agreement. Capitalized
terms used herein and not otherwise defined are defined in Section 1 below.
A. Proposed Redevelopment. The Town has been advised that the real property
described in Exhibit A (the "Property"), lying within the limits of the Town is being studied for
designation as an urban renewal area in order to encourage redevelopment to eliminate existing
blighted conditions which constitute threats to the health, safety and welfare of the community and
barriers to development.
B. Urban Renewal and Tax Increment Financing. The Authority has recommended
inclusion of the Property in a proposed urban renewal plan, entitled the "Bighorn Urban Renewal
Plan" (the "Plan" or "Urban Renewal Plan") authorizing and utilizing tax increment financing in
accordance with the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the
"Act"). The proposed Plan that includes the Property has been provided to the Town under
separate cover. The final Plan approved by the Town Board of the Town shall be the "Plan" for
purposes of this Agreement.
C. Nature of Urban Renewal Project and Purpose of Agreement. The proposed Urban
Renewal Project is necessary to serve the proposed Urban Renewal Area and to comply with §31-
25-107(4)(g) of the Act that requires the Plan to afford maximum opportunity, consistent with the
sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the Urban
Renewal Area by private enterprise. Approval of the Urban Renewal Plan is subject to recent
legislation, including requirements imposed by HB 154348 for new urban renewal plans adopted
after January 1, 2016.
D. Impact Report. The Authority has submitted to the Town a copy of the Tax Forecast
and County Impact Report required to be submitted to Weld County by §31-25-107(3.5) of the
Act, which includes a tax forecast for the Town.
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E. Colorado Urban Renewal Law. In accordance with the Act as amended to the date
of this Agreement (including the requirements of HB 154348 and SB 18-248), the Parties desire
to enter into this Agreement to facilitate adoption of the Plan and redevelopment of the proposed
Urban Renewal Area described therein. The Agreement addresses, among other things, the
estimated impacts on the Town's services associated solely with the Urban Renewal Plan.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants, promises and agreements of each
of the Parties hereto, to be kept and performed by each of them, it is agreed by and between the
Parties hereto as set forth herein.
C.R.S.
1. DEFINITIONS. As used in this Agreement:
1.1. "Act" means the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31,
1.2. "Administrative Fee" has the meaning set forth in Section 3.3.
1.3. "Agreement" means this Agreement, as it may be amended or supplemented in
writing. References to sections or exhibits are to this Agreement unless otherwise qualified.
1.4. "Agricultural Land" shall have the same meaning as defined in §31-25-103 of the
Act.
1.5. "Authority" means the Party described in the Preamble to this Agreement, the
Firestone Urban Renewal Authority, a body corporate and politic of the State of Colorado.
1.6. "Bonds" shall have the same meaning as defined in §31-25-103 of the Act.
1.7. "Duration" means the twenty-five (25) year period. that the tax increment or tax
allocation provisions will be in effect as specified in the Plan, and pursuant to §31-25eve 107(9)(a) of
the Act.
1.8. "Eligible Costs" means those costs eligible to be paid or reimbursed from the
Property Tax Increment Revenues pursuant to the Act.
1.9. "Future Mill Levy" has the meaning set forth in Section 3.2.
1.10. "Impact Report" means the Tax Forecast and County Impact Report for Bighorn
Urban Renewal Area dated October, 2019 previously submitted to the Town setting forth the
burdens and benefits of the Urban Renewal Project.
1.11. "Party" or "Parties" means the Authority or the Town or both and their lawful
successors and assigns.
1.12. "Plan" means the urban renewal plan defined in Recital B above.
1.13. "Project" shall have the same meaning as Urban Renewal Project.
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1.14. "Property Tax Increment Revenues" means all the TIF revenues derived from ad
valorem property tax levies described in §31-25-107(9)(a)(II) of the Act allocated to the Special
Fund for the Duration.
1.15. "Special Fund" means the fund described in the Plan and §31-25-107(9)(a)(II) of
the Act into which the Property Tax Increment Revenues will be deposited.
1.16. "TIF" means the property tax increment portion of the property tax assessment roll
described in §31-2525-107(9)(a)(II) of the Act.
1.17. "Town" means the Party described in the Preamble to this Agreement, a Colorado
statutory town, established and operating pursuant to §31-4-301, et. seq., C.R.S., a public body
corporate and political subdivision of the State of Colorado.
1.18. "Town Increment" means the portion of Property Tax Increment Revenues
generated by the Town's mill levy received by the Authority from the Weld County Treasurer and
paid into the Special Fund as specified in Section 3.1.
1.19. "Urban Renewal Area" means the area included in the boundaries of the Plan.
1.20. "Urban Renewal Plan" means the urban renewal plan defined in Recital B above.
1.21. "Urban Renewal Project" means all undertakings and activities, or any combination
thereof, required to carry out the Urban Renewal Plan pursuant to the Act.
2. Impact Report. The Parties acknowledge and agree that the Impact Report
addresses the following information and hereby make and adopt the following findings relating to
the Impact Report:
(a) The Urban Renewal Project is projected to create benefits as specified in
the Impact Report that will benefit the Parties, the region, and the State of Colorado.
(b) The Duration of time estimated to complete the Urban Renewal Project is
the twenty-five (25) year period of time specified in §31-25-107(9)(a) of the Act.
(c) The estimated annual Property Tax Increment Revenue to be generated by
the Urban Renewal Project for the Duration of the Urban Renewal Project and the portion
of such Property Tax Increment Revenue to be allocated to fund the Urban Renewal Project
are set forth in this Agreement and the Impact Report.
(d) The nature and relative size of the revenue and other benefits and impacts
expected to accrue to the Town, and other taxing entities that levy property taxes in the
Urban Renewal Area are set forth in the Impact Report and include, without limitation:
(i) The increase in base value resulting from biennial general reassessments for
the Duration in accordance with §31-25-107(9)(e) of the Act;
19956710.2
The benefit of improvements in the Urban Renewal Area to existing taxing
entity infrastructure in accordance with §31-25-107(3.5) of the Act;
The estimate of the impact of the Urban Renewal Project on Town and
taxing entity revenues in accordance with §31-25-107(3.5) of the Act;
(iv) The cost of additional Town and taxing body infrastructure and services
required to serve development in the Urban Renewal Area in accordance
with §31-25-107(3.5) of the Act;
(v) The method under which the Authority will finance, or that agreements are
in place to finance, any additional Town infrastructure and services required
to serve development in the Urban Renewal Area for the period in which
Property Tax Increment Revenues are shared,
(vi) The capital or operating costs of the Parties and other taxing bodies that are
expected to result from the Urban Renewal Project in accordance with HB
154348;
(vii) The legal limitations on the use of revenues belonging to the Parties and any
taxing entity in accordance with HB 154348 and SB 18-248; and
(viii) The other estimated impacts of the Urban Renewal Project on Town and
other taxing body services or revenues in accordance with §31-25-107(3.5)
of the Act.
3. RETENTION OF PROPERTY TAX INCREMENT REVENUES. In compliance
with Lite requirements of HB 15-1348 and SB 18-248, and in consideration of the agreement of the
Town to the adoption of the Urban Renewal Plan, and inclusion of Agricultural Land in the Urban
Renewal Area, the Parties have negotiated and agreed to the sharing of Property Tax Increment
Revenues as set forth herein.
3.1. Town Increment Revenues. The Town and the Authority agree that the Authority
may retain and expend in furtherance of the Urban Renewal Project one hundred percent
A the TIF revenues derived from the Town's ad valorem property tax mill levy (the "Town
Increment"), commencing on the date of approval by the Town of the Plan, and lasting for the
Duration.
3.2. Mill Levy Allocation. If the Town's eligible electors approve a new or increased
mill levy for any lawful purpose ("Future Mill Levy"), any revenue derived from the Future Mill
Levy shall not be considered part of the Town Increment. Rather, upon approval by the eligible
electors of the Town of a Future Mill Levy, the Town shall provide notification of the same to the
Authority. From the date of such notice until the Duration has expired, the Authority shall annually
deduct from the Property Tax Increment Revenue it receives any revenues attributable to the Future
Mill Levy, as applicable, and shall remit such revenues to the Town.
3.3. Authority Administrative Fee. An administrative fee equal to one percent (1 %) of
the Property Tax Increment Revenues as determined on an annual basis shall be retained by
19956710.2
Authority from the Property Tax Increment Revenues (the "Administrative Fee").
Notwithstanding anything to the contrary set forth in this Agreement or in the Plan, the Authority
shall be entitled to retain the Administrative Fee to pay the reasonable and customary
administrative costs of the Authority incurred in connection with the Authority's obligations under
this Agreement including, but not limited to, the collection, enforcement, disbursement, and costs
related to Property Tax Increment Revenues and the Urban Renewal Area,
4. PLEDGE OF PROPERTY TAX INCREMENT REVENUES. The Town
recognizes and agrees that in reliance on this Agreement and in accordance with the provisions of
§31-25-109(12) of the Act, the adoption and approval of the Plan includes an irrevocable pledge
of all of the Property Tax Increment Revenues, including the Town Increment, to pay the
Authority's Bonds and other financial obligations in connection with the Urban Renewal Project.
The Authority has elected to apply the provisions of §11-57-208, C.R.S., to this Agreement. The
Property Tax Increment Revenues, when and as received by the Authority are and shall be subject
to the lien of such pledge without any physical delivery, filing, or further act and are and shall be
an obligation of the Parties pursuant to §31-25407(9) of the Act. The Parties agree that the
creation, perfection, enforcement and priority of the pledge of the Property Tax Increment
Revenues as provided herein shall be governed by § 11-57-208, C.R.S. The lien of such pledge on
the Property Tax Increment Revenues shall have priority over any of all other obligations and
liabilities of the Parties with respect to the Property Tax Increment Revenues.
5. NOTIFICATION OF PROPOSED MODIFICATIONS OF THE PLAN•
AGREEMENT NOT PART OF PLAN. The Authority agrees to notify the Town of any intended
modification of the Plan as required by §31-25-107(7) of the Act. This Agreement is not part of
the Plan.
6. WAIVER. Except for the notices required by this Agreement, the Town, as
authorized by §31-25407(9.5)(b) and §31-25-107(l l) of the Act, hereby waives any provision of
the Act that provides for notice to the Town, requires any filing with or by the Town, requires or
permits consent from the Town, and provides any enforcement right to the Town for the Duration,
provided, however, that the Town shall have the right to enforce this Agreement.
7. LIMITATION OF AGREEMENT. This Agreement applies only to the Town
Increment, as calculated, produced, collected and paid to the Authority from the Urban Renewal
Area by the Weld County Treasurer in accordance with §31-25-107(9)(a)(II) of the Act and the
rules and regulations of the Property Tax Administrator of the State of Colorado, and does not
include any other revenues of the Town or the Authority.
8. INCLUSION OF AGRICULTURAL LAND. The Urban Renewal Area contains
Agricultural Land, and this Agreement constitutes agreement by the Town to inclusion of the
Agricultural Land in the Urban Renewal Area as required by §31-25-107(1)(c)(II)(D) of the Act.
The Act requires that Agricultural Land included within an urban renewal plan area to be valued
at fair market value for purposes of establishing the base and calculating the increment.
Accordingly, as demonstrated in the Impact Report, the Agricultural Land base value has been
established at fair market rates.
19956710.2
9. MISCELLANEOUS.
9.1. Delays. Any delays in or failure of performance by any Party of its obligations
under this Agreement shall be excused if such delays or failure are a result of acts of God; fires;
floods; earthquake; abnormal weather; strikes; labor disputes; accidents; regulation or order of
civil or military authorities; shortages of labor or materials; or other causes, similar or dissimilar,
including economic downturns, which are beyond the control of such Party.
9.2. Termination and Subsequent Legislation or Liti ag tom. In the event of termination
of the Plan, including its TIF financing component, the Authority may terminate this Agreement
by delivering written notice to the Town. The Parties further agree that in the event legislation is
adopted or a decision by a court of competent jurisdiction after the effective date of this Agreement
that invalidates or materially effects any provisions hereof, the Parties will in good faith negotiate
for an amendment to this Agreement that most fully implements the original intent, purpose and
provisions of this Agreement, but does not impair any otherwise valid contracts in effect at such
time.
9.3. Entire Agreement. This instrument embodies the entire agreement of the Parties
with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations
other than those contained herein; and this Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written, between the Parties
hereto. No modification to this Agreement shall be valid unless agreed to in writing by the Parties.
9.4. Bindin Eg ffect. This Agreement shall inure to the benefit of and be binding upon
the Parties and their successors in interest.
9.5. No Third -Party Enforcement. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned Parties and nothing in this agreement
shall give or allow any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned Parties that any person or entity other
than the undersigned Parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
9.6. No Waiver of Immunities. Nothing in this Agreement shall be construed as a
waiver of the rights and privileges of the Parties pursuant to the Colorado Governmental Immunity
Act, § 2440401, et seq., C.R.S., as the same may be amended from time to time. No portion of
this Agreement shall be deemed to have created a duty of care which did not previously exist with
respect to any person not a party to this agreement.
9.7. Amendment. This Agreement may be amended only by an instrument in writing
signed by the Parties.
9.8. Parties not Partners. Notwithstanding any language in this Agreement or any other
agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be
partners or joint venturers, and no Party shall be responsible for any debt or liability of any other
Party.
19956710.2
9.9. Interpretation. All references herein to Bonds shall be interpreted to include the
incurrence of debt by the Authority in any form consistent with the definition of "Bonds" in the
Act, including payment of Eligible Costs or any other lawful financing obligation.
9.10. Incorporation of Recitals and Exhibits. The provisions of the Recitals and the
Exhibits attached to this Agreement are incorporated in and made a part of this Agreement.
9.11. No Assignment. No Party may assign any of its rights or obligations under this
Agreement.
9.12. Section Captions. The captions of the sections are set forth only for the
convenience and reference of the Parties and are not intended in any way to define, limit, or
describe the scope or intent of this Agreement.
9.13. Execution in Counterparts. This Agreement may be executed in several
counterparts, each of which shall be deemed an original and all of which shall constitute but one
and the same instrument.
9.14. Governing. This Agreement and the provisions hereof shall be governed by
and construed in accordance with the laws of the State of Colorado.
9.15. No Presumption. The Parties to this Agreement and their attorneys have had a full
opportunity to review and participate in the drafting of the final form of this Agreement.
Accordingly, this Agreement shall be construed without regard to any presumption or other rule
of construction against the Party causing the Agreement to be drafted.
9.16. Notices. Any notice required by this Agreement shall be in writing. All notices,
demands, requests and other communications required or permitted hereunder shall be in writing,
and shall be (a) personally delivered with a written receipt of delivery; (b) sent by a nationally -
recognized overnight delivery service requiring a written acknowledgement of receipt or providing
a certification of delivery or attempted delivery; (c) sent by certified or registered mail, return
receipt requested; or (d) sent by confirmed facsimile transmission or electronic delivery with an
original copy thereof transmitted to the recipient by one of the means described in subsections (a)
through (c) no later than 5 business days thereafter. All notices shall be deemed effective when
actually delivered as documented in a delivery receipt; provided, however, that if the notice was
sent by overnight courier or mail as aforesaid and is affirmatively refused or cannot be delivered
during customary business hours by reason of the absence of a signatory to acknowledge receipt,
or by reason of a change of address with respect to which the addressor did not have either
knowledge or written notice delivered in accordance with this paragraph, then the first attempted
delivery shall be deemed to constitute delivery. Each Party shall be entitled to change its address
for notices from time to time by delivering to the other Party notice thereof in the manner herein
provided for the delivery of notices. All notices shall be sent to the addressee at its address set
forth in the Preamble to this Agreement.
9.17. Days. If the day for any performance or event provided for herein is a Saturday, a
Sunday, a day on which national banks are not open for the' regular transactions of business, or a
legal holiday pursuant to C.R.S. § 24-11-101(1), such day shall be extended until the next day on
which such banks and state offices are open for the transaction of business.
19956710.2
9.18. Authority. The persons executing this Agreement on behalf of the Parties covenant
and warrant that each is fully authorized to execute this Agreement on behalf of such Party.
IN WITNESS WHEREOF, the Authority and the Town have caused their duly authorized
officials to execute this Agreement effective as of the Effective Date.
By: L ers\ &�A
Acting Town Clerk
�c
ATTEST:
By:L
Recording Secretary
TOWN OF FIRESTONE, COLORADO
apolitical subdivision of the State of Colorado
FIRESTONE URBAN RENEWAL AUTHORITY,
a body corporate and politic of the State of
Colorado
By:
Title:
19956710.2
Exhibit A
The Property
Firestone Big Horn Urban Renewal Area
BEING A
PART Of SECTION 17, T2N, R67W OF THE 6'" P.M., DESCRIBED AS FOLLOWS:
COMMENCING
AT THE NORTHEAST CORNER OF SAID SECTION 17, THENCE S 89052035), W, 330.00 FEET
ALONG THE NORTH LINE OF SAID SECTION 17 TO A POINT; THENCE 5 02009000" W A DISTANCE OF 30.02
FEET TO
THE NORTHWEST CORNER OF THAT TRACT OF LAND, AND THE TRUE POINT OF BEGINNING:
THENCE
S 02009'00" W, 1359.91 FEET TO A POINT;
THENCE
N 32"06'00" E, 182.82 FEET TO A POINT,
THENCE
N 49005'10" E, 95.06 FEET TO A POINT;
THENCE
N 56044'35" E, 104.76 FEET TO A POINT;
THENCE
N 68°47'40" E, 58.42 FEET TO A POINT 30 FEET WEST OF THE EAST LINE OF THE NORTHEAST Y,
OF SAID
SECTION 17;
THENCE
S 02009'00" W, 1544.15 FEET ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE
OF THE NORTHEAST ''Y4 OF SAID SECTION 17 TO A POINT;
THENCE
S 01050'35" W,1921.15 FEET ALONG A LINE 30 FEET WEST OF AND PARALLEL TO THE EAST LINE
OF SAID
SECTION 17 TO A POINT;
THENCE
S 22°48107" W, 81.53 FEET TO A POINT OF CURVE TO THE RIGHT;
THENCE
199.62 FEET ALONG THE ARC OF SAID CURVE TO A POINT OF TANGENT, SAID ARC HAVING A
RADIUS OF 165.00 FEET, A DELTA ANGLE OF 69`19100" AND BEING SUBTENDED BY A CHORD THAT
BEARS S
57027137" W, 187.66 FEET;
THENCE
N 87°52'53" W, 395.81 FEET TO A POINT;
THENCE
N 75*49103" W, 153.75 FEET TO A POINT;
THENCE
S 00009'57" W 574.76 FEET TO A POINT 30 FEET NORTH OF THE SOUTH LINE OF THE
SOUTHEAST''Y4 OF SAID SECTION 17;
THENCE
S 89*25757" W, 612.03 FEET ALONG A LINE 30 FEET NORTH OF AND PARALLEL THE SOUTH LINE
OF THE SOUTHEAST % SAID SECTION 17 TO A POINT,
THENCE
N 00°34'03" W, 633.60 FEET TO A POINT;
THENCE
N89025157" E, 105.00 FEETTO A POINT;
THENCE
N 00034'03" W, 660.00 FEET TO A N0.4 REBAR WITH AN ALUMINUM CAP STAMPED LS 2149;
THENCE
CONTINUING N 00°34'03" W, 325.07 FEET TO A NO, 5 REBAR WITH A PLASTIC CAP STAMPED
PLS 22576;
THENCE
5 89025157" W, 670.00 FEET TO A NO. S REBAR WITH A PLASTIC CAP STAMPED PLS 22576;
THENCE
N 00°34'03" W, 99.75 FEET TO A Not REBAR WITH AN ALUMINUM CAP STAMPED LS 2149 AT
A POINT
OF CURVE TO THE LEFT;
Exhibit A-1
19956710.2
THENCE 670.45 FEET ALONG THE ARC OF SAID CURVE TO A POINT TANGENT, SAID ARC HAVING A
RADIUS OF 750.00 FEET, A DELTA ANGLE OF 51013'08" AND BEING SUBTENDED BY A CHORD THAT
BEARS N 26010'37" W, 648.35 FEET TO A POINT;
THENCE N 51047'11" W, 118.29 FEET TO A POINT;
THENCE N 38012'49" E 645.98 FEET TO A POINT;
THENCE N 51047'11" W, 485.34 FEET TO A POINT;
THENCE N 71019'37" W 212.22 FEET TO A POINT;
THENCE N 00052'00" W, 707.88 FEETTO A POINT;
THENCE S 89008100" W, 155.32 FEET TO A POINT;
THENCE N 00052'00" W, 646.77 FEET TO A POINT;
THENCE 589°53100" W, 44.96 FEET TO A POINT;
THENCE N 00007'00" W, 255.00 FEET TO A POINT OF CURVE TO THE LEFT;
THENCE 110.72 FEET ALONG THE ARC OF A NON -TANGENTIAL CURVE TO A POINT OF REVERSE CURVE,
SAID ARC HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 128052.11" AND BEING SUBTENDED BY
A CHORD THAT BEARS N 26*26054" E, 89.44 FEET;
THENCE 32.18 FEET ALONG THE ARC OF SAID REVERSE CURVE TO A POINT TANGENT, SAID ARC HAVING
A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 36°52'11" AND BEING SUBTENDED BY A CHORD THAT
BEARS N 18033'06" W, 31.62 FEET TO A POINT;
THENCE N 00*07100" W, 265.00 FEETTO A POINT 30 FEET SOUTH OF THE NORTH LINE OF THE NW Y4 OF
SAID SECTION 17;
THENCE N 89°53'00" E, 148.15 FEET ALONG A LINE 30 FEET SOUTH AND PARALLEL THE NORTH LINE OF
THE NW Y4 OF SAID SECTION 17 TO POINT 30 FEET SOUTH OF THE NORTH X CORNER OF SAID SECTION
17;
THENCE N 89052'35" E, 2395,38 FEET ALONG A LINE 30 FEET SOUTH AND PARALLEL TO THE NORTH LINE
OF THE NORTHEAST ''/, OF SAID SECTION 17 TO THE TRUE POINT OF BEGINNING,
SAID PARCEL HAVING AN AREA = 235,43 ACRES, MORE OR LESS.
c
/-d -ash
Exhibit A-2
19956710.2