ORD 42454 - Interlocal Agmt with PMRNRD for construction, operation and maintenance of Zorinsky Water Quality Basin #2 ORDINANCE NO. 1-1-2"---154,
AN ORDINANCE to approve an Inter-local Cooperation Act Agreement between the City of
Omaha and the Papio-Missouri River Natural Resources District for the design,
construction, operation, maintenance, repair, replacement regulation and ownership of
the Zorinsky Lake Water Quality Basin #2 Project; and to provide an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the attached Inter-local Cooperation Act Agreement between the City of
Omaha and the Papio-Missouri River Natural Resources District for the design, construction,
operation, maintenance, repair, replacement regulation and ownership of Zorinsky Lake Water
Quality Basin #2 Project, including, but not limited to, a dam, reservoir, and mitigation
improvements of Zorinsky Lake northwest of 204th and F Street is hereby approved and the City
is authorized to accept the conveyance of the Project Land, as more specifically delineated in
such Agreement, upon completion of the Basin #2 Project.
Section 2. That this Ordinance, not being of legislative character, and in accordance
with Section 2.12 of the Omaha Home Rule Charter, 1956, as amended, shall be in force and
take effect immediately from and after its date of passage.
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Page 2
ORDINANCE NO. Lf 14
INTRODUCED BY COUNCILMEMBER •
Ch1:10441
APPROVED BY:
e3-1 l-z(z�
OF HE CI OF OMAHA
ACTING
�
PASSED MAR o 9 2021 (�
ATTEST:
11-2Qz
CITY CLERK OF TH ITY OF OMAHA DATE
APPROVED AS TO FORM:
.0.004/
DEPU Y CITY ATTORNEY DATE
p:2717mtc
.
INTERLOCAL COOPERATION ACT AGREEMENT
BETWEEN
PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT,
AND
THE CITY OF OMAHA, NEBRASKA,
FOR
ZORINSKY WATER QUALITY BASIN #2
THIS INTERLOCAL COOPERATION ACT AGREEMENT
(hereinafter referred to as "THIS AGREEMENT") is made pursuant to the
Nebraska Interlocal Cooperation Act,Neb. Rev. Stat. Sections 13-801 to 13-827, et
seq., by and between the parties to THIS AGREEMENT (hereinafter referred to as
"the PARTIES"), to wit: the PAPIO-MISSOURI RIVER NATURAL
RESOURCES DISTRICT (hereinafter referred to as "the NRD"), and the CITY
OF OMAHA, NEBRASKA (hereinafter referred to as "the CITY").
WHEREAS, Papillion Creek and Tributaries Lakes Project Dam Site No.
18, also known as Zorinsky Lake, now constructed, operated and maintained on a
tract of land at 156th and "F" Streets in Omaha, Douglas County,Nebraska, was and
is an integral part of the Papillion Creek and Tributaries Lakes Project of the United
States Army Corps of Engineers and was sponsored by the CITY, was intended to
provide flood control for the Papillion Creek Watershed, and lays wholly within the
NRD; and,
WHEREAS, to prevent pre-mature siltation of the reservoir of Dam Site No.
18, the PARTIES desire to enter into an interlocal agreement for the purpose of
construction, operation and maintenance of a water quality basin as called for in the
Papillion Creek Watershed Partnership Implementation Plan(hereinafter referred to
as "the BASIN #2 PROJECT") intended to trap silt and other sediments and
nutrients, and thus prevent the same from being carried into Dam Site 18; and
WHEREAS, to further prevent pre-mature siltation of the reservoir of Dam
Site No. 18, the NRD has purchased certain parcels of land and easements over
1
,
other parcels, all in Section 36, Township 15 North, Range 10 East of the 6th P.M.
in Douglas County, Nebraska (hereinafter referred to as "the PROJECT LAND"),
depicted and legally described in the document attached hereto as Exhibit "A" and
incorporated herein by reference, for the purpose of construction, operation and
maintenance of the BASIN #2 PROJECT intended to trap silt and other sediments
and nutrients, and thus prevent the same from being carried into Dam Site 18; and,
WHEREAS, the BASIN #2 PROJECT will consist of construction,
operation, maintenance, repair, replacement and regulation of a dam or weir
(hereinafter referred to as "the BASIN #2 DAM," or "the DAM") and an associated
reservoir (herein referred to as the 'BASIN #2 RESERVOIR," or "the
RESERVOIR") and associated wetland, channel, and riparian mitigation
improvements ("the MITIGATION IMPROVEMENTS") required by the U. S.
Army Corps of Engineers (hereinafter referred to as "the CORPS") as a condition
to issuance of a Section 404 permit; and,
WHEREAS, the PARTIES desire to provide herein for the cooperative
design, construction, operation, maintenance, repair, replacement, regulation and
ownership of the BASIN #2 PROJECT and to specify the rights, duties and
obligations of the PARTIES in connection therewith.
NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals
and their mutual covenants, the PARTIES agree as follows:
1. DUTIES OF THE PARTIES. The design, construction, operation,
maintenance, repair, replacement and regulation of the BASIN #2 PROJECT will
be undertaken by the PARTIES without any separate entity being created, and, the
duties and responsibilities of the PARTIES with respect thereto shall be as defined
by THIS AGREEMENT.
2. GENERAL BENEFIT. The PARTIES do hereby find and agree that
the BASIN #2 PROJECT will be of general benefit to the PARTIES with only an
incidental special benefit.
3. THE ENGINEERS. The NRD has retained engineering consultants
(hereinafter referred to as "the ENGINEERS") to design the BASIN#2 PROJECT
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and to prepare plans and specifications and contract documents for, and administer
construction of, the BASIN #2 PROJECT, including, without limitation, the
MITIGATION IMPROVEMENTS.
4. PRELIMINARY PLANS. The ENGINEERS has prepared
preliminary plans and specifications for the BASIN #2 PROJECT (hereinafter
referred to as "the PRELIMINARY PLANS"), subject to the following:
a) The PRELIMINARY PLANS shall be drawn in accordance with
design criteria provided by the General Manager of the NRD, which shall be
in general compliance with applicable Nebraska state and federal statutes,
rules and regulations; and,
b) The PRELIMINARY PLANS shall include plans, provisions or
notations for channel,wetland and riparian mitigation to be accomplished by
the NRD on PROJECT LAND at the NRD'S cost.
5. PREPARATION OF FINAL PLANS. Upon NRD's approval of the
PRELIMINARY PLANS, the NRD shall direct the ENGINEERS to prepare final
plans and specifications for the BASIN #2 PROJECT (hereinafter referred to
collectively as "the FINAL PLANS"), subject to the following:
a) The FINAL PLANS shall be drawn in accordance with design
criteria provided by the General Manager of the NRD, which shall be in
general compliance with applicable Nebraska state and federal statutes, rules
and regulations; and,
b) The FINAL PLANS shall include final plans for channel,
wetland and riparian mitigation to be accomplished by the NRD on the
PROJECT
LAND at the NRD'S cost; and,
c) The FINAL PLANS shall include descriptions of the PROJECT
LAND to be acquired by the NRD at the NRD'S cost.
6. THE PROJECT CONTRACTOR(s). The NRD has retained one or
more general contractors (hereinafter referred to as "the CONTRACTOR(S)") to
construct the BASIN #2 PROJECT.
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7. CITY'S ACCESS TO FINAL PLANS AND CONSTRUCTION
CONTRACT. Upon the CITY'S request, the NRD shall deliver to the CITY
copies of the contracts between the NRD and the CONTRACTOR(S) for
construction of the BASIN #2 PROJECT, including, without limitation, the
proposed schedules of all materials and labor compensation rates the NRD paid to
the CONTRACTOR(S) for construction of the BASIN #2 PROJECT (such
contract, together with the FINAL PLANS, hereinafter are referred to collectively
as "the CONSTRUCTION CONTRACT(S)").
8. CONTRACTOR'S WARRANTIES. The NRD shall enforce all
bonds and warranties given by the CONTRACTOR(S) and their subcontractors in
the CONSTRUCTION CONTRACT(S).
9. PAYMENT OF COSTS. Except as may otherwise be provided in
THIS AGREEMENT, the NRD shall pay all the costs of design and construction
of the BASIN #2 PROJECT.
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10. CONSTRUCTION OBSERVATION. The NRD, at its sole cost and
expense, will provide for engineering observation and administration of
construction of the BASIN #2 PROJECT.
11. PERMITS. The NRD, at its sole cost and expense, shall obtain all of
the parcels of land and all easements comprising the PROJECT LAND and all
other permits and rights-of-way, including without limitation, licenses, easements,
water rights, and permits or consents from the CORPS or other federal, state or
local agencies, as may be required or convenient for construction, and/or for
permanent operation and maintenance of the BASIN #2 PROJECT.
12. OPERATION AND MAINTENANCE. After completion of
construction of the BASIN #2 PROJECT, the NRD, at its sole and unreimbursed
cost and expense, shall permanently operate, maintain, repair, replace and regulate
the DAM (and accompanying weir); and, the CITY, at its sole and unreimbursed
cost and expense, shall permanently operate, maintain, repair, replace and regulate
the remainder of the BASIN #2 PROJECT, including without limitation the
RESERVOIR, located on the remainder of the lands conveyed by the NRD to the
4
CITY in accordance with THIS AGREEMENT. During the term of the Section
404 permit issued by the CORPS, the NRD shall operate, maintain, repair, replace
and regulate the MITIGATION IMPROVEMENTS, and, upon the expiration of
the 404 permit term,the CITY shall permanently operate, maintain, repair, replace
and regulate the MITIGATION IMPROVEMENTS. For purposes of this
paragraph, the site of the DAM shall be deemed to consist of the portion of the
PROJECT LAND within the footprint of the DAM (and accompanying weir), as
the same is described and depicted in the FINAL PLANS. Recreational amenities
or uses may be constructed, permitted or allowed on, or at the BASIN #2
PROJECT, provided, however, that any future recreational amenities or uses shall
be at the sole cost and expense of the CITY and such amenities or uses not be within
or effect the MITIGATION IMPROVEMENTS. CITY shall not be required to
dredge any area of the BASIN #2 PROJECT for the purpose of maintaining open
water.
13. INDEMNIFICATIONS.The CITY shall defend, indemnify, and hold
the NRD harmless from and against all costs and expenses, including attorneys fees
and court costs, resulting from claims, demands or causes of action for personal
injury or property damage arising out of or resulting from the CITY'S operation,
maintenance, repair, replacement, or regulation of the BASIN #2 PROJECT,
excepting the DAM and except such personal injuries or property damages as may
be caused by the negligence of the NRD. The NRD shall defend, indemnify, and
hold the CITY harmless from and against all costs and expenses, including
attorneys fees and court costs, resulting from claims, demands or causes of action
for personal injury or property damage arising out of or resulting from the NRD's
construction of the BASIN #2 PROJECT, including the BASIN #2 DAM, the
BASIN RESERVOIR, and the MITIGATION IMPROVEMENTS, operation,
maintenance, repair, replacement, or regulation of the DAM, except such personal
injuries or property damages as may be caused by the negligence of the CITY.
14. POST-CONSTRUCTION GRANTS AND CONVEYANCES.
Upon final completion of construction of the BASIN #2 PROJECT, the NRD shall
convey the PROJECT LAND to the CITY, provided however,
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a) in such conveyance the NRD shall reserve for itself and for its
successors and assigns the following permanent rights, to-wit:
i) The right to construct, operate, maintain, repair, replace, and
regulate the DAM in the conveyed lands,
ii)The right to have unrestricted use and access over and across
the conveyed lands by any route or means and for any purpose
related to operation, maintenance, repair, replacement or
regulation of the DAM;
iii) The right to flow waters and sediment upon, and inundate,
all those portions of the conveyed lands which have a ground
surface elevation lower than the elevation of the top of the DAM
("the MAXIMUM Flood Pool"); and,
iv)The right to enforce the following permanent restrictions,to-
wit:
(a) REGULATORY POOL STRUCTURE
RESTRICTION. The CITY shall not construct, maintain or
permit structures, fixtures or other improvements, other than
recreational trail improvements, lighting, landscaping, boat
docking facilities and signage, in any areas of the conveyed
lands, within the watershed of the DAM, having a ground
surface elevation lower than 1181.5 feet above mean sea level,
NGVD.
(b) REGULATORY POOL EXCAVATION AND
FILL RESTRICTION The CITY shall not fill, nor permit filling
of, any areas of the conveyed lands, within the watershed of the
DAM, having a ground surface elevation lower than 1183.0 feet
above mean sea level, NGVD, without balancing such
placement with a permanent borrowing and removal of an
equivalent amount of earth fill from such areas, and without the
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prior written approval of the NRD of the plans for such activities,
such approval to not be withheld or delayed unreasonably.
(c) MAXIMUM POOL EXCAVATION AND FILL
RESTRICTION. The CITY shall not fill, nor permit filling of,
any areas of the conveyed lands, within the watershed of the
DAM,having a ground surface elevation higher than 1183.0 feet
above mean sea level and lower than 1191.0 feet above mean sea
level, NGVD, without balancing such placement with a
permanent borrowing and removal of an equivalent amount of
earth fill from such areas, and without the prior written approval
of the NRD of the plans for such activities, such approval to not
be withheld or delayed unreasonably.
b) Such conveyance shall also include and be subject to the following
permanent restrictions on the land occupied by the MITIGATION
IMPROVEMENTS, required by the CORPS, that shall run with the land and
be binding upon the parties and their heirs, successors and assigns, to-wit:
i) There shall be no construction or placement of structures or
mobile homes, fences, signs, billboards or other advertising
material, or other structures, whether temporary or permanent,
on the land;
ii) There shall be no filling, draining, excavating, dredging,
mining, drilling or removal of topsoil, loam, peat, sand, gravel,
rock, minerals or other materials;
iii) There shall be no building of roads or paths for vehicular or
pedestrian travel or any change in the topography of the land;
iv) There shall be no removal, destruction, or cutting of trees or
plants, spraying with biocides, insecticides,or pesticides,grazing
of animals, farming, tilling of soil, or other agricultural activity;
v) There shall be no operation of all-terrain vehicles or any other
type of motorized vehicle on the land; and,
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vi) These restrictions may be changed, modified or revoked only
upon written approval of the District Engineer of the Omaha
District of the CORPS and to be effective, such approval must be
witnessed, authenticated, and recorded pursuant to the law of the
State of Nebraska.
18. RISK OF LOSS. After completion of construction of the BASIN #2
PROJECT and conveyance of PROJECT LAND to the CITY, the risk of loss of or
damage to such BASIN #2 PROJECT components shall be borne by the party that
has an obligation to operate and maintain such components or facilities, whether
such loss or damage results from flood or other casualty whatsoever.
19. NO SEPARATE LEGAL ENTITY. No separate legal or
administrative entity is created by THIS AGREEMENT.
20. APPROVALS. Wherever THIS AGREEMENT speaks of approval
and consent by the CITY, such approval shall be manifested by act of the CITY'S
Mayor or Parks, Recreation and Public Property Department Director. Wherever
THIS AGREEMENT speaks of approval and consent by the NRD, such approval
shall be manifested by act of the General Manager of the NRD.
21. NONDISCRIMINATION. The PARTIES shall not, in the
performance of THIS AGREEMENT, discriminate or permit discrimination in
violation of federal or state laws or local ordinances because of race, color, sex, age,
disability under the Americans with Disabilities Act,political or religious opinions,
affiliations or national origin.
22. CAPTIONS. Captions used in THIS AGREEMENT are for
convenience and are not used in the construction of THIS AGREEMENT.
23. APPLICABLE LAW. The PARTIES to THIS AGREEMENT shall
conform to all existing and applicable ordinances, resolutions, state laws, federal
laws, and all existing and applicable rules and regulations. Nebraska law will
govern the terms and the performance under THIS AGREEMENT.
24. MERGER. THIS AGREEMENT shall not be merged into any other
oral or written Agreement, lease or deed of any type.
8
25. MODIFICATION. THIS AGREEMENT contains the entire
agreement of the PARTIES. No representations were made or relied upon by any
of the PARTIES other than those that may be expressly set forth herein. No agent,
employee or other representative of any PARTY is empowered to alter any of the
terms hereof unless done in writing and signed by an authorized officer of such
PARTY.
26. STRICT COMPLIANCE. All provisions of THIS AGREEMENT
and each and every document that shall be attached shall be strictly complied
with as written, and no substitution or change shall be made except upon written
direction from authorized representatives.
27. INVALID PROVISIONS. In the event that any covenant, condition,
or provision herein contained is held to be invalid by any court of competent
jurisdiction, the invalidity of any such covenant, condition, or provision herein
contained shall not affect the validity of the remainder of the covenants, conditions
or provisions of THIS AGREEMENT, which shall in all respects remain a legally
binding agreement with the invalid portion being deleted; provided, however, that
the validity of any such covenant, condition, or provision does not materially
prejudice either of the PARTIES in its respective rights and obligations contained
in the valid covenants, conditions, or provisions of THIS AGREEMENT.
28. NON-WAIVER. No delay or failure by either of the PARTIES to
exercise any right under THIS AGREEMENT, and no partial or single exercise of
that right, shall constitute a waiver of that or any other right unless otherwise
expressly provided herein. A valid waiver by either of the PARTIES shall not be
deemed to extend the amount of time available to perform any other act required
under THIS AGREEMENT.
29. FURTHER AGREEMENTS. Each of the PARTIES will, whenever
and as often as the other may request, execute, acknowledge and deliver or cause to
be executed, acknowledged and delivered any and all such further conveyances,
assignments or other instruments and documents as the requesting party may
believe to be necessary, expedient or proper in order to complete any and all
conveyances,transfers, and assignments herein provided and to do any and all other
9
acts and to execute, acknowledge and deliver any other documents so requested in
order to carry out the intent and purposes of THIS AGREEMENT.
30. TIME IS OF THE ESSENCE. Time is expressly declared to be of the
essence of THIS AGREEMENT.
31. 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.
32. EFFECTIVE DATE AND TERM. THIS AGREEMENT shall
become effective upon its execution by the PARTIES, and shall be perpetual in its
duration.
33. NOTICES. Any notice required under the terms of THIS
AGREEMENT shall be deemed to have been given within forty-eight (48) hours
after notice has been deposited in the United States mail; and:
a) Notices to the CITY provided for in THIS AGREEMENT shall
be sufficient if sent by certified or registered mail, postage prepaid, addressed
to:
Director
Parks, Recreation and Public Property Department
City of Omaha, Nebraska
1819 Farnam Street, Suite 701
Omaha, Nebraska 68183;
b) Notices to the NRD provided for in THIS AGREEMENT shall
be sufficient if sent by certified or registered mail, postage prepaid addressed
to:
General Manager
Papio-Missouri River NRD
8901 South 154th Street
Omaha, Nebraska 68138-3621
or to such other respective address(s) as the PARTIES may designate to each
other from time to time in writing.
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IN WITNESS WHEREOF
THIS AGREEMENT is executed by the PAPIO-MISSOURI RIVER
NATURAL RESOURCES DISTRICT on this I I day of ct b rd Ov
20201.pUrSUant to resolution duly adopted by its Board of Directors.
PAPI'i-MIS OURI RIVER NATURAL
RES I URCE.- DISTRICT
By
Gen . Manager
THIS AGREEMENT is executed by the CITY OF OMAHA, NEBRASKA
zc>z�
on this / / 1-day of ( 242O, pursuant to ordinance duly
adopted by its City Council.
CITY OF OMAHA, NEBRASKA
By aw,,,A49„
ACTING Mayor
ATTEST:
Cr
City Clerk
STATE OF NEBRASKA )
)SS
COUNTY OF1w1as �)
11
On this /A/''4 ,day of r , 2029
before me, a Notary
Public, personally came JOHN W KLER, General Manager of the PAPIO-
MISSOURI RIVER NATURAL RESOURCES DISTRICT, to me personally
known to be the identical person whose name is affixed to the above and foregoing
instrument, and he/she acknowledged the same to be his voluntary act and deed and
the voluntary act and deed of said City.
WITNESS my hand and Notarial Se 1 the date last aforesaid.
GENERAL NOTARY-State of Nebraska
MARTIN PA p,CLE 1,2024 Jl, 6u r) rid/
My Comm Exp,July31,2024 (�l l� lam,vZ
Notary Public
STATE OF NEBRASKA )
)SSS
COUNTY OF ).W 1O 2-0
On this I' day of 04.l2°h , I,'before me, a
Notary Public, personally came 4114/One
F , Ma`'or,�6f the CITY OF
OMAHA, NEBRASKA to me personal the identicalu person whose
name is affixed to the above and foregoing instrument, and he acknowledged the
same to be his voluntary act and deed and the voluntary act and deed of said City.
WITNESS my hand and Notarial Seal the date last aforesaid.
GENERALKIMBERLY NOTARY StatePULL of NebrIAM k'i4th1124
aska 1 / � GL ►�J
' `f°g My Comm.Exp.Dec.14,2021 Notary Publi
12
On this //7/4
day of ri:',AriA,G � , 2020, before me, a Notary
Public, personally came JOHN W LER, General Manager of the PAPIO-
MISSOURI RIVER NATURAL RESOURCES DISTRICT, to me personally
known to be the identical person whose name is affixed to the above and foregoing
instrument, and he/she acknowledged the same to be his voluntary act and deed and
the voluntary act and deed of said City.
WITNESS my hand and Notarial Seal the date last aforesaid.
£ENL
ERA NOTARY-State of Nebraska
MARTIN PAUL CLEVELAND
My Comm.Exp,July 31,2024
Notary Public
STATE OF NEBRASKA )
)SSS
COUNTY OF 6(105 )
On this ) I day of 1\i/iitfr) , , before me, a
Notary Public, personally came , Ma or o 'the CITY OF
)
OMAHA, NEBRASKA to me ersnn � wn to� own to be the identical person whose
name is affixed to the above and foregoing instrument, and he acknowledged the
same to be his voluntary act and deed and the voluntary act and deed of said City.
WITNESS my hand and Notarial Seal the date last aforesaid.
ti Pt/ flidiaLr
GENERAL N01ARY State of Nebraska
KIMBERLY PULLIAM Notary Publ'
My Comm.Exp.Dec.14,2021
12
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LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN PART OF THE SE1/4 OF THE NE1/4,SW1/4 OF THE NE1/4,SW1/4 OF THE SE1/4,SE1/4
OF THE SE1/4,NW114 OF THE SE1/4,NE1/4 OF THE SE1/4,ALL LOCATED IN SECTION 36, AND ALSO TOGETHER WITH
P-ART OF OUTLOT 1",BLUE SAGE CREEK,A SUBDIVISION LOCATED IN THE SW1/4 OF SAID SECTION 36,ALL
LOCATED IN TOWNSHIP 15 NORTH,RANGE 10 EAST OF THE 6TH P.M.,DOUGLAS COUNTY,NEBRASKA.MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SE1/4,SECTION 36;THENCE S87°31'20°W(ASSUMED
BEARING)ALONG THE NORTH LINE OF SAID SE1/4,SECTION 36,SAID LINE ALSO BEING THE SOUTHERLY LINE OF
LOT 1,PRIVADA REPLAT 1,A SUBDIVISION LOCATED IN SAID SECTION 36,AND THE WESTERLY EXTENSION
THEREOF,AND ALSO THE SOUTHERLY LINE OF OUTLOT"F",PRIVADA,A SUBDIVISION LOCATED IN SAID SECTION
36,AND ALSO THE NORTHERLY LINE OF LOTS 1 THRU 4,GRANDVIEW RIDGE ESTATES REPLAT 1,A SUBDIVISION
LOCATED IN SAID SECTION 36,AND THE EASTERLY EXTENSION THEREOF,AND ALSO THE NORTHERLY LINE OF
OUTLOT"H",GRANDVIEW RIDGE ESTATES,A SUBDIVISION LOCATED IN SAID SECTION 36,A DISTANCE OF 911.76
FEET TO THE POINT OF BEGINNING;THENCE CONTINUING S87°31'20"W ALONG SAID NORTH LINE OF THE SE1/4,
SECTION 36,SAID LINE ALSO BEING SAID NORTHERLY LINE OF OUTLOT"H",GRANDVIEW RIDGE ESTATES,A
DISTANCE OF 93.24 FEET TO THE NORTHWEST CORNER OF SAID OUTLOT"H",GRANDVIEW RIDGE ESTATES;
THENCE ALONG THE WESTERLY EXTERIOR BOUNDARY LINE OF SAID GRANDVIEW RIDGE ESTATES,ON THE
FOLLOWING FORTY-SIX(46)DESCRIBED COURSES;(1)THENCE S24°33'54"E,A DISTANCE OF 248.17 FEET;(2)
THENCE N87°31'20"E,A DISTANCE OF 142.71 FEET;(3)THENCE S02°28'40"E,A DISTANCE OF 300.00 FEET; (4)
THENCE S03°26'32"W,A DISTANCE OF 70.14 FEET; (5)THENCE S14°59'54"W,A DISTANCE OF 66.78 FEET; (6)
THENCE S24°07'48"W,A DISTANCE OF 37.14 FEET;(7)THENCE S16°52'05"W,A DISTANCE OF 89.55 FEET;(8)THENCE
S09°07'31"W,A DISTANCE OF 89.32 FEET;(9)THENCE S01°22'58"W,A DISTANCE OF 89.32 FEET;(10)THENCE
S06°21'36"E,A DISTANCE OF 89.32 FEET;(11)THENCE S14°06'10"E,A DISTANCE OF 131.08 FEET;(12)THENCE
S36°24'02"E,A DISTANCE OF 53.41 FEET;(13)THENCE SOUTHWESTERLY ON A CURVE TO THE LEFT WITH A RADIUS
OF 1232.50 FEET,A DISTANCE OF 146.34 FEET,SAID CURVE HAVING A LONG CHORD WHICH BEARS S50°11'54"W,A
DISTANCE OF 146.25 FEET;(14)THENCE SOUTHWESTERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF 36.50
FEET,A DISTANCE OF 19.38 FEET,SAID CURVE HAVING A LONG CHORD WHICH BEARS S62°00'29"W,A DISTANCE OF
19.15 FEET;(15)THENCE NORTHWESTERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF 86.50 FEET,A DISTANCE
OF 83.76 FEET,SAID CURVE HAVING A LONG CHORD WHICH BEARS N75°02'26"W,A DISTANCE OF 80.53 FEET;(16)
THENCE N47°18'01"W,A DISTANCE OF 12.70 FEET;(17)THENCE NO2°37'47"W,A DISTANCE OF 374.88 FEET;(18)
THENCE S87°22'13"W,A DISTANCE OF 208.26 FEET;(19)THENCE N59°46'58"W,A DISTANCE OF 49.17 FEET;(20)
THENCE N70°47'46"W,A DISTANCE OF 98.34 FEET;(21)THENCE N81°48'33"W,A DISTANCE OF 98.34 FEET;(22)
THENCE S87°10'39"W,A DISTANCE OF 98.34 FEET;(23)THENCE S76°09'52"W,A DISTANCE OF 98.34 FEET;(24)
THENCE S65°09'04"W,A DISTANCE OF 98.34 FEET;(25)THENCE S54°08'17"W,A DISTANCE OF 98.34 FEET;(26)
THENCE S43°07'29"W,A DISTANCE OF 98.34 FEET;(27)THENCE S32°06'42"W,A DISTANCE OF 98.34 FEET;(28)
THENCE S21°05'54"W,A DISTANCE OF 98.34 FEET;(29)THENCE S10°05'07"W,A DISTANCE OF 98.34 FEET;(30)
THENCE SOO°55'41"E,A DISTANCE OF 45.63 FEET;(31)THENCE S00°55'41"E,A DISTANCE OF 44.96 FEET;(32)
THENCE S10°12'30"E,A DISTANCE OF 53.64 FEET;(33)THENCE S09°11'38"E,A DISTANCE OF 82.07 FEET;(34)
THENCE S03°10'32"E,A DISTANCE OF 79.78 FEET;(35)THENCE S03°04'16"W,A DISTANCE OF 70.60 FEET;(36)
THENCE S08°56'10"W,A DISTANCE OF 70.60 FEET;(37)THENCE S11°52'08"W,A DISTANCE OF 50.54 FEET;(38)
THENCE S07°54'18"W,A DISTANCE OF 74.39 FEET;(39)THENCE S02°51'26"W,A DISTANCE OF 84.64 FEET;(40)
THENCE S02°11'27"E,A DISTANCE OF 84.64 FEET;(41)THENCE S07°14'20"E,A DISTANCE OF 83.50 FEET;(42)
THENCE S12°09'09"E,A DISTANCE OF 42.69 FEET;(43)THENCE S06°36'38"E,A DISTANCE OF 66.72 FEET;(44)
THENCE S19°50'21"W,A DISTANCE OF 81.26;(45)THENCE N70°09'39"W,A DISTANCE OF 5.78 FEET;(46)THENCE
S19°50'21",A DISTANCE OF 342.12 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT"F",SAID GRANDVIEW
RIDGE ESTATES,SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF"F"STREET;THENCE
S87°25'46"W ALONG SAID NORTHERLY RIGHT-OF-WAY LINE OF"F"STREET,SAID LINE BEING 50.00 FEET NORTH OF
AND PARALLEL WITH SAID SOUTH LINE OF THE SE1/4,SECTION 36,A DISTANCE OF 151.47;THENCE N09°33'06"W,A
DISTANCE OF 335.24 FEET;THENCE NO3°17'34"W,A DISTANCE OF 938.55 FEET TO A POINT ON THE SOUTH LINE OF
SAID NW1/4 OF THE SE1/4,SECTION 36;THENCE S87°28'33"W ALONG SAID SOUTH LINE OF THE NW1/4 OF THE
SE1/4,SECTION 36,A DISTANCE OF 225.24 FEET TO THE SOUTHWEST CORNER OF SAID NW1/4 OF THE SE1/4,
SECTION 36,SAID POINT ALSO BEING THE SOUTHEAST CORNER OF OUTLOT"A",SAID BLUE SAGE CREEK;THENCE
NO2°36'38"W ALONG THE WEST LINE OF SAID NW1/4 OF THE SE1/4 OF SECTION 36,SAID LINE ALSO BEING THE EAST
LINE OF SAID OUTLOT"A",BLUE SAGE CREEK,A DISTANCE OF 399,97 FEET TO THE NORTHEAST CORNER OF SAID
OUTLOT"A"BLUE SAGE CREEK,AND ALSO BEING THE SOUTHEAST CORNER OF SAID OUTLOT"I",BLUE SAGE
CREEK;THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID OUTLOT"I",BLUE SAGE CREEK,SAID
LINE ALSO BEING THE NORTHERLY LINE OF SAID OUTLOT"A",BLUE SAGE CREEK,ON THE FOLLOWING TWO(2)
DESCRIBED COURSES:(1)S87°23'07"W,A DISTANCE OF 95.04 FEET;(2)THENCE S57°53'27"W,A DISTANCE OF 588.63
FEET TO THE NORTHWEST CORNER OF SAID OUTLOT"A", BLUE SAGE CREEK,SAID POINT ALSO BEING THE
SOUTHEAST CORNER OF OUTLOT"B",SAID BLUE SAGE CREEK,AND ALSO THE NORTHEAST CORNER OF LOT 46,
SAID BLUE SAGE CREEK;THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE OF OUTLOT"I",BLUE SAGE
CREEK,SAID LINE ALSO BEING THE NORTHERLY LINE OF SAID OUTLOT"B",BLUE SAGE CREEK AND ALSO THE
NORTHERLY AND WESTERLY LINES OF LOT 41,SAID BLUE SAGE CREEK,AND ALSO THE NORTHERLY RIGHT-OF-
WAY LINE OF"C"STREET,AND ALSO THE EASTERLY AND NORTHERLY LINES OF LOT 40,AND BLUE SAGE CREEK,
AND ALSO THE NORTHERLY LINES OF LOTS 38 AND 39,SAID BLUE SAGE CREEK,AND ALSO THE NORTHERLY AND
WESTERLY LINES OF OUTLOT"D",SAID BLUE SAGE CREEK,AND ALSO THE NORTHERLY LINES OF LOTS 32 THRU
35,SAID BLUE SAGE CREEK,AND ALSO THE NORTHERLY LINE OF LOT 29 AND OUTLOT"C",SAID BLUE SAGE CREEK
ON THE FOLLOWING TWENTY-EIGHT(28)DESCRIBED COURSES:(1)N32°06'33"W,A DISTANCE OF 22.62 FEET;(2)
THENCE S57°53'27"W,A DISTANCE OF 166.39 FEET;(3)THENCE N33°12'33"W,A DISTANCE OF 37.26 FEET;(4)
THENCE S81°22'02"W,A DISTANCE OF 19.27 FEET;(5)THENCE S58°44'42"W,A DISTANCE OF 41,06 FEET;(6)THENCE
S70°07'45"W,A DISTANCE OF 116.33 FEET;(7)THENCE S56°12'26"W,A DISTANCE OF 57.44 FEET;(8)THENCE
S14°11'06"W,A DISTANCE OF 82..61 FEET;(9)THENCE S43°59'08"E,A DISTANCE OF 34.79 FEET;(10)THENCE
S55°41'18"W,A DISTANCE OF 78.06 FEET;(11)THENCE S32°06'33"E,A DISTANCE OF 132.00 FEET;(12)THENCE
S57°07'33"W,A DISTANCE OF 23.92 FEET;(13)SOUTHWESTERLY ON A CURVE TO THE RIGHT WITH A RADIUS OF
200,00 FEET,A DISTANCE OF 14.29 FEET,SAID CURVE HAVING A LONG CHORD WHICH BEARS S57°07'33"W,A
DISTANCE OF 14.29 FEET; (14)THENCE N36°12'10"W,A DISTANCE OF 132.00 FEET;(15)THENCE S47°45'21"W,A
DISTANCE OF 116.17 FEET;(16)THENCE S24°00'13"W,A DISTANCE OF 117.28 FEET;(17)THENCE SO4°48'15"W,A
DISTANCE OF 58.36 FEET;(18)THENCE S37°21'45"W,A DISTANCE OF 89.25 FEET;(19)THENCE S61°50'18"W,A
DISTANCE OF 106.41 FEET;(20)THENCE S42°08'24"W,A DISTANCE OF 27.10 FEET;(21)THENCE S31°51'11"E,A
DISTANCE OF 18.79 FEET;(22)THENCE S52°34'11"W,A DISTANCE OF 187.19 FEET;(23)THENCE S27°29'34"W,A
DISTANCE OF 104.46 FEET;(24)THENCE S32°52'46"W,A DISTANCE OF 154.37 FEET;(25)THENCE S87°25'23"W,A
DISTANCE OF 83.46 FEET;(26)THENCE N62°28'51"W,A DISTANCE OF 82.19 FEET;(27)THENCE S49°14'14"W,A
DISTANCE OF 38.76 FEET;(28)THENCE S64°58'11"W,A DISTANCE OF 25.33 FEET;THENCE N04°1207"W,A DISTANCE
OF 347.08 FEET TO A POINT ON THE NORTH LINE OF SAID OUTLOT"I",BLUE SAGE CREEK,SAID LINE ALSO BEING
THE SOUTHERLY LINE OF LOT 80,SAID BLUE SAGE CREEK;THENCE NORTHWESTERLY ALONG SAID NORTHERLY
LINE OF OUTLOT"I",SAID BLUE SAGE CREEK,SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID LOT 80,BLUE
SAGE CREEK AND ALSO THE SOUTHERLY LINE OF LOTS 81 THRU 92,SAID BLUE SAGE CREEK,AND ALSO THE
WESTERLY,SOUTHERLY AND EASTERLY LINES OF OUTLOT"G"SAID BLUE SAGE CREEK,AND ALSO THE
SOUTHERLY LINE OF LOTS 93 THRU 98,SAID BLUE SAGE CREEK,AND ALSO THE WESTERLY,SOUTHERLY,AND
EASTERLY LINES OF OUTLOT"H",SAID BLUE SAGE CREEK,AND ALSO THE SOUTHERLY LINE OF LOTS 101 THRU
105,SAID BLUE SAGE CREEK ON THE FOLLOWING EIGHTEEN(18)DESCRIBED COURSES:(1)N85°47'53"E,A
DISTANCE OF 30.95 FEET;(2)THENCE N64°56'03"E,A DISTANCE OF 114.62 FEET;(3)THENCE N44°04'14"E,A
DISTANCE OF 114.62 FEET;(4)THENCE N31°04'53"E,A DISTANCE OF 72.00 FEET;(5)THENCE N36°02'20"E,A
DISTANCE OF 78.49 FEET;(6)THENCE N43°13'58"E,A DISTANCE OF 78.01 FEET;(7)THENCE N46°54'53"E,A
DISTANCE OF 307.76 FEET;(8)THENCE N38°01'03"E,A DISTANCE OF 239.03 FEET;(9)THENCE S46°46'14"E,A
DISTANCE OF 28.80 FEET;(10)THENCE N46°09'49"E,A DISTANCE OF 143.33 FEET;(11)THENCE N38°51'39"W,A
DISTANCE OF 34.83 FEET;(12)THENCE N53°01'04"E,A DISTANCE OF 74.19 FEET;(13)THENCE N55°58'41"E,A
DISTANCE OF 323.86 FEET;(14)THENCE S34°01'15"E,A DISTANCE OF 132.00 FEET;(15)THENCE N55°58'41"E,A
DISTANCE OF 300.00 FEET;(16)THENCE N34°01'13"W,A DISTANCE OF 132.00 FEET;(17)THENCE N55°58'41"E,A
DISTANCE OF 304.04 FEET;(18)THENCE N74°45'40"E,A DISTANCE OF 311.81 FEET TO THE SOUTHEAST CORNER OF
SAID LOT 105,BLUE SAGE CREEK,SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 170,SAID PRIVADA,
AND ALSO THE NORTHEAST CORNER OF SAID OUTLOT"I",BLUE SAGE CREEK;THENCE NORTHEASTERLY ALONG
THE SOUTHERLY LINE OF SAID LOT 170,PRIVADA,SAID LINE ALSO BEING THE SOUTHERLY LINE OF LOTS 129 THRU
LOTS 130,OUTLOT"C",LOTS 113 THRU 114,OUTLOT"E",LOTS 110 THRU 112L AND OUTOT"F",ALL SAID PRIVADA,
ON THE FOLLOWING SIX(6)DESCRIBED COURSES:(1)THENCE N74°48'04",A DISTANCE OF 314.29 FEET;(2)THENCE
N20°23'25"E,A DISTANCE OF 287.96 FEET;(3)THENCE N76°23'25"E,A DISTANCE OF 240.08 FEET;(4)THENCE
N18°32'04"E,A DISTANCE OF 338.15 FEET;(5)THENCE N87°31'20"E,A DISTANCE OF 949.96 FEET;(6)THENCE
S02°28'40'E,A DISTANCE OF 169.97 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 3,107,776 SQUARE FEET OR 71.345 ACRES,MORE OR LESS.