HomeMy WebLinkAboutResolution 2018-023 Approving Cochie Canyon Levee Maintenance Agreement MARANA RESOLUTION NO. 20118-023
RELATING TO FLOODPLAIN MANAGEMENT; APPROVING AND AUTHORIZING
THE MAYOR TO SIGN THE COCHIE CANYON LEVEE MAINTENANCE AND
INGRESS-EGRESS EASEMENT AGREEMENT; AND ADOPTING THE OPERATION
AND MAINTENANCE PLAN FOR THE COCHIE CANYON LEVEE
WHEREAS the Federal Emergency Management Administration ("FEMA")
issued a Conditional Letter of Map Revision in September 2017 that commits FEMA to
issue a final Letter of Map Revision removing certain land within Dove Mountain from
the FEMA special flood hazard area upon the construction and approval of the Cochie
Canyon Levee; and
WHEREAS, for the Levee to be recognized as a permanent flood control feature,
federal regulations require a governmental entity to adopt and carry out an operation
and maintenance plan for the Levee; and
WHEREAS the proposed levee maintenance agreement requires the DOVE
MOUN'rAIN COMMUNITY AssocIATION, the homeowners' association governing the Dove
Mountain area., to fund the Town's maintenance and repair obligations for as long as
the levee is needed to keep the affected land area within Dove Mountain out of the
FEMA special flood hazard area and grants the easements necessary for those
maintenance and repair activities to be accomplished; and
'WHEREAS the Mayor and Council find that the best interests of the Town of
Marana and its citizens are served by the approval and execution of the Cochie Canyon
Levee Maintenance and Ingress-Egress Easement Agreement
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, ARIZONA, as follows:
Secfion 1. The "Cochie Canyon Levee Maintenance and Ingress-Egress Easement
Agreement," between and among the Town of Marana, DM Phase IV Investment, LLC,
and the Dove Mountain Community Association in substantially the form included
with the agenda backup material accompanying this resolution is hereby approved, the
May-or is hereby authorized and directed to execute it for and on behalf of the Town of
Marana, and the Town's Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to carry out the terms,,
obligations, and. objectives of the agreement.
00056380.DOC X/2
Marana Resolution No.2018-023 3/7/2018 1:53 PM
Section Z. The Town officially adopts the Operation and Maintenance Plan for
the Cochie Canyon Levee attached as Exhibit A to the Cochie Canyon Levee
Maintenance and Ingress-Egress Easement Agreement and incorporated here by this
reference.
P A191--)'ED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 20t1' day of March, 2018.
oe
Mayor Ed rHonea
ATTEST: APPROVED AS TO FORM:
Jocelyn V Bronson, Town Clerk /F ank Ca idy,, To n ttorney
MARANA AZ
f.STA B L I S H Ff.) 1477
0()05()380.DO(-X/2
Marana Resolution No.2018-023 - 2 - 3 7/20-181:53 PM
COCHIE CANYON LEVEE MAINTENANCE ANIS INGRESS-EGRESS
EASEMENT AGREEMENT
THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an Arizona
municipal corporation (the "Town"), DM Phase IV Investment, LLC, an Arizona
Limited Liability Company (the "Owner"), and THE DOVE MOUNTAIN COMMUNITY
ASSOCIATION, an Arizona non-profit corporation (the "Association"). The Town, the
Owner, and the Association are sometimes collectively referred to in this Agreement as
the Parties, any one of which is sometimes individually referred to as a Party.
RECITALS
A. In September 2017, the Federal Emergency Management Administration ("FE.
MA") issued a Conditional Letter of Map Revision (""CLOMR,") which commits FEMA
to issue a final Letter of Map Revision ("LOMR") that will remove land within the
community known as Dove Mountain from the FEMA special flood hazard area upon,
among other things, the construction and maintenance of the "Levee" identified in
plans titled Private Drainage Improvement Plans for Cochie Canyon Levee dated
10/24/17 as prepared by Baker and Associates Engineering.
B. For the Levee to be recognized as a permanent flood control feature, federal regu-
lations require a governmental entity to adopt and carry out an operation and mainte-
nance plan for the Levee. The Towns operation and maintenance obligations under the
CLOMR are attached hereto as Exhibit A (""Operation and Maintenance Plan").
C. The Owner owns the land identif ied on Exhibit B as attached hereto (the "Levee
Area") and the land identified on Exhibit C (the "Relocatable Levee Access Area") as
attached hereto. The Parties desire to establish an easement over the Levee Area and to
establish a relocatable access easement over the Relocatable Levee Access Area.
D. The Town desires assurances that the Association will pay costs incurred for in-
spection, maintenance and repair of the Levee in accordance with the Operation and
Maintenance Plan (""Levee O&M costs").
AGREEMENT
Now,THEREFORE,based on the foregoing recitals, which are incorporated here as the
intention of the Parties in entering into this Agreement, and in consideration of the
terms of this Agreement, the Parties hereby agree as follows:
1. Construction and Ou)nership of the Levee. The Town code requires construction of
the Levee prior to development of land that is to be removed from the special flood
LEVEE AGREEMENT
hazard area. On or before completion of the Levee, the owner shall convey the prop-
erty set forth in the Levee Area to the Association.
2. Establishment of the Reserve Fund. Prior to approval of the LOMR, the Owner shall
pay to the Town the surae of Twenty Five Thousand Dollars ($25,000) (""Reserve
Fund"'). Commencing on the first anniversary after issuance of the LOMR and on each
anniversary thereafter,. the amount of the Reserve Fund shall increase by the amount
of any increase in the Engineering News Record 20 City Construction Cost Index (or,
if it ceases to be published, some comparable index mutually acceptable to the Par-
ties). The Reserve Fund shall be used solely by the Town for Levee O&M Costs. On an
annual basis, the Town shall provide the Association a statement itemizing costs in-
curred by the Town for Levee O&M Costs and the Association shall reimburse such
costs to the Town, and pay the Town any increase in the amount of the Reserve Fund
resulting from an increase in the cost index described above. If the Reserve Fund is
insufficient to cover the Levee O&M Costs incurred by the Town, then the Association
shall promptly reimburse such overage.
3. Grant o f Easement by the Owner. Subject to the terms and conditions set forth in
this paragraph 3, the Owner, on its own behalf and on behalf of its successors and as-
signs, hereby grants the Town: (i) an ingress-egress and maintenance easement over
and across the Levee Area, and (ii) a relocatable ingress-egress and maintenance
easement over the Relocatable Levee Access Area (collectively the "Easements"). The
latter relocatable easement shall automatically terminate upon recordation of a subdi-
vision plat that provides access for the Town to maintain the Levee. Town use of the
Easements are subject to the following terms and conditions:
A. The Easements are non-exclusive and solely for the inspection, maintenance
and reconstruction of the Levee.
B. The Town agrees to pay, defend, indemnify, and hold the owner and The As-
sociation and their successors and assigns, harmless from any liability, obligation,
action, suit,judgment, fine, award, loss, claim, demand, or expense [including attor-
neys' fees] arising from any act or omission of the Town, the Town's agents and em-
ployees, and any independent contractor whose services are retained by the Town,
in connection with any entry onto the Easements.
C. Any work by the Town on the Levee shall be performed in a good and work-
manlike manner.
D. Promptly after the completion of work on the Levee, the Town shall return the
underlying property to substantially the same condition as prior to the Town's en-
try.
E. Nothing in this Agreement shall be deemed to be a gift or dedication of any
portion of the Easements, or any portion of it, to the general public, for the general
public, or for any public use or purpose whatsoever, it being the intention and un-
derstanding that the Easements shall be strictly limited to and for the purposes ex-
pressed in this Agreement.
LEVEE AGREEMENT
- 2 -
4. The Toum"s .Rights and Obligations. During the term of this Agreement, the Town
sham:
A. Inspect and maintain the Levee in accordance with the Levee operation and
Maintenance Plan and restore the underlying property as required by this Agree-
ment, unless insurance proceeds are made available to the Town to pay for repairs
in accordance with paragraph 6 below.
B. Prepare and make available to FEMA upon request an annual inspection re-
port for the Levee.
C. Use the Reserve Fund to pay the Levee O&M Costs.
5. Term and Termination. Unless terminated by mutual agreement of the Parties,
this Agreement shall remain in effect until the Levee no longer serves the function of
removing residential land lying east of the Levee Area from the FEMA special flood
hazard. area. Upon termination of this Agreement, the Association shall assume sole
responsibility for the Levee and any monies remaining in the Reserve Fund shall be
paid to the Association.
6. Insurance. The Association may, at its expense, obtain insurance coverage for the
Levee, any proceeds of which may, at the option of the Association, be used by the
Town to pay for repairs to the Levee in lieu of utilizing the Reserve Fund.
7. Indemnification.
A. The Owner shall indemnify, defend and hold harmless the Town, its depart-
ments, off kers, employees and agents from, for, and against any and all claims,
suits, actions, legal proceedings, administrative proceedings, demands, losses or ex-
penses, including reasonable attorney's fees, which are attributable to any negligent
or intentional act or omission done in furtherance of the provisions of the Agree-
ment of the Owner, its employees, agents, subcontractors, volunteers or anyone act-
ing under the direction or control or on behalf of the Owner or anyone employed by
them.
B. The Association shall indemnify, defend and hold harmless the Town, its de-
partments, officers, employees and agents from., for, and against any and all claims,
suits, actions, legal proceedings, administrative proceedings, demands, losses or ex�-
penses, including reasonable attorney's fees, which are attributable to any negligent
or intentional act or omission done in furtherance of the provisions of the Agree-
ment of the Association, its employees, agents, subcontractors, volunteers or anyone
acting under the direction or control or on behalf of the Association or anyone em-
ployed by them.
S. Notices. All notices, requests, demands, and other communications under this
Agreement shall be in writing and shall be deemed given if personally delivered or
mailed, certified mail, return receipt requested; to the following addresses:
LEVEE AGREEMENT
- 3 -
If to the Town, to: Town Engineer
Town of Marana
11555 W. Civic Center Drive - Bldg A3
Marana AZ 85653
If to the Owner, to: DM Phase IV Investment, LLC
3567 E Sunrise Drive Suite 219
Tucson.AZ 85718
If to The Association, to: Dove Mountain Community Association
c/o Associa Management
6840 N. Oracle Road, Suite 130,
Tucson, Arizona 85704
9. No Waiver of Strict Performance. The failure of the Parties to insist upon a strict
performance of any of the agreements, terms, covenants and conditions of this
Agreement shall not be deemed a waiver of any rights or remedies that the Parties
may have and shall not be deemed a waiver of any subsequent breach or default in
any of such agreements, terms, covenants and conditions.
10. Authority to Execute Agreement. The individuals executing this Agreement here-
by represent that they have full right, power, and authority to execute this Agreement
on behalf of their respective Party.
11. Entire Agreement. This Agreement constitutes the entire agreement and under-
standing of the Parties pertaining to the subject matter of the Agreement and super-
sedes all offers, negotiations, and other agreements of any kind. All prior and con-
temporaneous agreements, representations and understandings of the Parties, oral or
written, are superseded and merged in this Agreement. There are no representations
or understandings of any Kind not set forth in this Agreement.
12. Governing Laza. This Agreement shall be construed in accordance with the laws
of the State of Arizona.
13. Exhibits. Exhibits attached to this Agreement shall be deemed to have been in-
corporated in this Agreement by this reference with the same force and effect as if ful-
ly set forth in the body of this Agreement
14. Recordation. This Agreement shall be recorded in its entirety in the official rec-
ords of Pinna County, Arizona.
15. Amendments. This Agreement shall not be amended except by a written agree-
ment executed by all of the Parties and recorded in the official records of Pima Coun-
ty, Arizona.
16. Force .,Majeure. Notwithstanding any other term, condition or provision of this
Agreement to the contrary, if any Party to this Agreement is precluded from satisfying
or fulfilling any duty or obligation imposed upon it due to labor strikes, material
LEVEE AGREEMENT
-4 -
shortages, war, civil disturbances, weather conditions, natural disasters, acts of God,
or other events beyond the control of that Party, the time period provided herein for
the performance by that Party of such duty or obligation shall be extended for a peri-
od equal to the delay occasioned by those events.
17. Attorneys' Fees. If any Party brings any civil action to enforce or terminate this
Agreement or to recover damages for the breach of any of the provisions, covenants or
terms of this Agreement on the part of another Party, the prevailing Party shall be en-
titled to recover, in addition to any relief to which the prevailing Party may be enti-
tled, all costs, expenses and reasonable attorneys' fees incurred in connection with the
civil action.
18. Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument. The signature pages from one or more counterparts
may be removed from such counterparts and such signature pages all attached to a
single instrument so that the signatures of all Parties may be physically attached to a
single document.
19. Effective Date. This Agreement is effective when it has been fully executed on
behalf of all of the Parties.
20. Transfer of the Ou)ner's Interest. The owner shall cease to be a Party, and all of
the owner's rights, liabilities and responsibilities under this Agreement shall be
deemed transferred to and deemed assumed by the Association, when title to the Lev-
ee Area is conveyed to the Association.
21. Conflict of.interest. This Agreement is subject to A.R.S. § 38-511, which provides
for cancellation of contracts in certain instances involving conflicts of interest.
LEVEE AGREEMENT
-5 -
IN WITNESS WHEREOF,the Parties have duly executed this instrument below.
"`MARANA" The ""OWNER""
TOWN OF MA"NA MVI PHASE IV INVESTMENT,LLC,an
Arizona limited liability company
BY: DM ADMINISTRATION, INC.,AN ARI-
Ed Honea, ayor ZONA CORPORATION
Date: ITS: MANAGER
ATTEST: By: William Hallinan as Vice President
Date: 3 - 2 - �S
ocelyn onson, Town Clerk "THE AsSOCIATION"
THE DOVE MOUNTAIN COMMUNITY AS-
APPROvi�p AS To FORM: SOCIATION, an Arizona nonprofit corpo-
ration
leJF
e
,.Fra ik C� sid Tow j;Attorne
�� yLiz
' H as Secretary
_ By William Hallinan a a y
Date:
STATE OF ARIZONA }
}
County of Pima }
This instrument was acknowledged before me this `` day of
`� , 2018 by William Hallinan as Vice President of DM Administration,
Inc. an Arizona corporation, as Manager of DM Phase IV Investment LLC, an Arizona
liability company on behalf of the company.
(Notary se
SHELLEY VIRGINIA NELSON
Notary Public-Arizona tar blit
Pima County y
• My Comm. Expires Sep 16,2020
STATE OF njXT A
}
County of Pima }
This instrument was acknowledged before me this da of
g y
, 2018 by William Hallinan, the Secretary of the DOVE MOUNTAIN
COMMUNITY ASSOCIATION, an Arizona non--profit corporation, on behalf of the corpora-
tion.
01
(Notary seal) -
SHELLEY VIRGINIA NELSON otar ublic
Notary Public -Arizona y
Pima County
• My Comm. Expires Sep 16,2020
L V EE AGREEMENT
- 6 -
LISA'of EXHIBITS
Exhibit A-operation and Maintenance Plan
Exhibit B- Legal Description of the Levee Area
Exhibit C- Legal Description of the Relocatable Levee Access Area
LEVEE AGREEMENT
- 6 -
Exhibit A
Operation and Maintenance Plan
The Town shall conduct an annual inspection of the Levee and prepare an inspection report that
will assess the items listed below. Additional inspections may be done at the discretion of the
Town Engineer in response to a storm event. Inspection reports are also to be done by the Town
after repairs are made to the Levee and the inspection reports are to be provided to the Associa-
tion and kept on file at the Town Engineer's office.
1. Interior drainage.The interior or "landside" of levees is to be inspected for evidence of pond-
ing and settling. Any erosion of the earthen fill slopes,which impacts the foundation of the
levee,is considered a high maintenance priority. However,interior drainage flows away from
this levee so ponding and settlement are not expected.
2. Aggradation and freeboard.Some watercourses may be susceptible to aggradation under
certain flow conditions. The Town inspector will check the conditions of the channel to de-
termine if surveys are needed to assess the need for the removal of excessive sediment.
Under no circumstances should aggradation reduce the freeboard to a level which does
not meet the requirements as outlined in the National Flood Insurance Program Regula-
tions (44 CFR Ch. §65.10(b) (1)}.
3. Erosion.Inspections will include observations of embankment erosion.Evidence of significant
erosion at toe-downs or key-ins will be brought to the attention of the Town Engineer to de-
termine if maintenance is warranted.
4. Degradation.The inspector will note any areas in which the invert of the channel appears to
be significantly lower than the design invert. Any areas of significant degradation of the invert
are to be brought to the attention of the Town Engineer to determine if maintenance is war-
ranted.
5. Debris.Inspections are to monitor the amount of debris along the levees. Debris within a
riverine system is to be expected. Not all debris is to be considered a maintenance issue. Any
areas where significant accumulation of debris is identified shall be brought to the attention of
the Town Engineer to determine if maintenance is warranted.
d. Foundation stability (slumping, rotation, settling). The inspector will examine the foun-
dation of the levee for signs of slumping, rotation or settling. Any signs of significant
foundation instability are to be brought to the attention of the Town Engineer to determine
if maintenance is warranted.
7. Seepage.The "landside" of the levee is to be inspected for signs of seepage.Should seepage be
identified,the Town Engineer will be notified to determine the proper course of action.
S. Access. Maintenance access ramps and gates to the levee will be inspected to ensure that they
are clear and accessible. Damaged gates and ramps will be repaired.
9. Handrail. Damaged handrails will be repaired as required.
10. Vandalism.Vandalism will be reported to the Town of Marana Police Department. Van-
dalism to sensitive drainage infrastructure such as flap gates will be investigated aggres-
sively and significant damage repaired in a timely manner.
11. Excessive vegetation.Excessive vegetation may interfere with channel capacity,levee freeboard
or it may inhibit maintenance and access along the levee. Should significant levels of vegetation
compromise the function of the levee,the Town Engineer will determine the degree of trimming
and/or removal that is required to re-establish acceptable conditions. Significant removal of
vegetation may require additional approvals from local and federal agencies.
12. Animal.control.Burrowing animals may induce damage to reinforced earthen embankment
levees. Not all animal burrows pose a risk to levees.However,evidence of significant presence
of burrowing animals should be brought to the attention of the Town Engineer to determine if
eradication is necessary or if levee repair is necessary.
13. Additional maintenance inspection issues with soil cement. Cavities are to be repaired in
the solid portions of the soil cement that are greater than two feet deep. Because soil ce-
ment is installed in lifts, some layers may erode at different rates. The inspector is to check
for erosion associated with the layering that appears excessive. The inspector is to consult
with the Town Engineer to determine if maintenance is warranted. This levee does not con-
tain any soil cement.
14. Additional Maintenance inspection issues with gunite and shotcrete.Gunite and shotcrete
surfaces are to be inspected for evidence of damage caused by spalling,scaling or cracking.
15. Additional maintenance inspection issues with rip-rap. Rip-rap is to be inspected for
slumping and for evidence of piping.Filter fabric should not be exposed to sunlight.
This levee does not contain any riprap or filter fabric.
16. Additional maintenance inspection issues with Levees.In addition to foundation and erosion
inspections,Levees are to be inspected for tilting and sliding. Monolithic joists are to be inspect-
ed for signs of deterioration. This levee does not contain any Levees.
Levee maintenance is an essential component of levee certification.The Town shall perform
maintenance,as deemed necessary based on inspections and consultation with the Town
Engineer on the levees in a timely manner. If the Levee inspection indicates there are "unac-
ceptable" rated areas,maintenance is considered critical and maintenance will be completed
on a priority basis.
Exhibit B
Legal Description of the Levee Area
LEGAL DESCRIPTION
LEVEE EASEMENT
OPW JOB NO. 2017146
ALL OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21 AND THE
SOUTHWEST QUARTER. OF SECTION 16, TOWNSHIP 1I SOUTH, RANGE 12 EAST,
G&SR.M, MARANA, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF COMMON AREA "C" OF "BLUE
AGAVE II AT DOVE MOUNTAIN,LOTS 193-256 ANIS BLOCK I AND COMMON AREAS
A,B AND C",A SUBDIVISION RECORDED IN SEQUENCE NUMBER.20173130079 IN THE
COUNTY RECORDER'S OFFICE;
THENCE N 00001'56" E. ALONG THE WEST LINE OF SAID NORTHWEST QUARTER. OF
SECTION 21, A DISTANCE OF 243.10 FEET TO A POINT, BEING A SCRIBED STONE AT
THE NORTHWEST CORNER OF SECTION 21 AND THE SOUTHWEST CORNER OF
SECTION 16, FROM WHICH THE NORTHEAST CORNER OF SECTION 21 AND THE
SOUTHEAST CORNER OF SECTION 16, BEING A SCRIBED STONE, BEARS 890 46'26" E,
AT A DISTANCE OF 5280.73 FEET;
THENCE N 00000'49" E, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF
SECTION 16, A DISTANCE OF 374.84 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N 000 00'49" E, A DISTANCE OF 425.95 FEET TO A POINT;
THENCE DEPARTING SAID WEST LINE,N 45000'00"E,A DISTANCE OF 1424.18 FEET TO
A POINT FROM WHICH AN ALUMINUM CAPPED PIPE STAMPED "RLS 16597", BEARS
N 450 00' 00" E, AT A DISTANCE OF 170.23 FEET;
THENCE S 45000'00" E, A DISTANCE OF 30.00 FEET TO A POINT;
THENCE S 45000'00" W, A DISTANCE OF 1411.75 FEET TO A POINT;
THENCE S 000 00'4911 W, A DISTANCE OF 413.53 FEET TO A POINT;
THENCE N 890 59' 11": W, A DISTANCE OF 34.00 FEET TO THE POINT OF BEGINNING.
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Exhibit C
Legal Description of the Relocatable Levee Access Area
LEGAL DESCRIPTION
RELOCATABLE ACCESS EASEMENT
OPW JOB NO. 2017146
ALL OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 21 AND THE
SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 'I I SOUTH, RANGE 12 EAST,
G&SRM, MARANA, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF COMMON AREA "C" OF "BLUE
AGAVE II AT DOVE MOUNTAIN LOTS 193-256 AND BLOCK 1 AND COMMON AREAS
A.)B AND C",A SUBDIVISION RECORDED IN SEQUENCE NUMBER 20173130079 IN THE
COUNTY RECORDER'S OFFICE;
THENCE N 00001'5611 E. ALONG THE WEST LINE OF SAID NORTHWEST QUARTER. OF
SECTION 21, A DISTANCE OF 243.10 FEET TO A POINT, BEING A SCRIBED STONE AT
THE NORTHWEST CORNER. OF SECTION 21 AND THE SOUTHWEST CORNER. OF
SECTION 16, FROM WHICH THE NORTHEAST CORNER OF SECTION 21 AND THE
SOUTHEAST CORNER OF SECTION 16, BEING A SCRIBED STONE, BEARS 890 46'26" E,
AT A DISTANCE OF 5280.73 FEET;
THENCE N 00000'49" E, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF
SECTION 16, A DISTANCE OF 374.84 FEET TO THE POINT OF BEGINNING,-
THENCE
EGINNING;THENCE S 890 59' 1 It' E, A DISTANCE OF 30.00 FEET TO A POINT;
THENCE S 000 00'4911 W, A DISTANCE OF 365.10 FEET TO A POINT;
THENCE S 890 53' 0511 E, A DISTANCE OF 671.97 FEET TO A POINT;
THENCE S 000 06' 5511 W, A DISTANCE OF 20.00 FEET TO A POINT;
THENCE S 080 15'36't W,A DISTANCE OF 159.14 FEET TO A POINT ON A CURVE ON THE
NORTH RIGHT-OF-WAY OF DOVE MOUNTAIN BOULEVARD,AS SHOWN ON THE FINAL
PLAT OF SAID "BLUE AGAVE II AT DOVE MOUNTAIN", AT A POINT ON A CURVE
FROM WHICH THE RADIUS BEARS S 090 03' 12" W;
THENCE WESTERLY ALONG SAID RIGHT-OF-WAY, ALONG A C±'URVE TO THE LEFT,
WHICH HAS A RADIUS OF 650.00 FEET AND A CENTRAL ANGLE OF 014 45'47"1 AN ARC
LENGTH OF 24.00 FEET TO A POINT;
THENCE N 080 15' 3611 E, A DISTANCE OF 156.31 FEET TO A POINT;
Page 1 of 2
THENCE N 890 53' 05" W, A DISTANCE OF 681.73 FEET TO A POINT;
THENCE N 000 01'56" E,A DISTANCE OF 10.21 FEET TO THE NORTHWEST CORNER.OF
SAID SECTION 21;
THENCE N 000 00'49" E A DISTANCE OF 374.84 TO THE POINT OF BEGINNING.
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