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HomeMy WebLinkAbout5488ORDINANCE NO. 5 4 8 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND J. CRAIG SEARS, VINTAGE HILLS, LLC. WHEREAS, J. CRAIG SEARS, VINTAGE HILLS, LLC is the owner of property to be developed at 29702 124T" AVENUE SE within the City of Auburn's Potential Annexation Area; and WHEREAS, J. CRAIG SEARS, VINTAGE HILLS, LLC is applying to King County for a development agreement; and WHEREAS, Application No. WSC00-0012 was submitted to the City of Auburn, Washington, on August 3, 2000, requesting sewer availability certificates; and WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a condition of obtaining water and/or sewer service outside the, a legally binding agreement to support annexation to the City at such time a City limits of Auburn the City deems annexation appropriate and to comply with appropriate City development standards and public facility specifications; and WHEREAS, RCW 36.70B.170 defines such an agreement as a development agreement; and Ordinance No. 5488 December 13, 2000 Page 1 WHEREAS, RCW 36.7013.200 requires approval of development agreements only after a City has held a public hearing; and WHEREAS, the City of Auburn City Council has designated the Planning and Community Development Committee as the appropriate body to hold required public hearings; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of the public hearing, the Planning and Community Development Committee at a public meeting held on November 27, 2000, conducted a public hearing on J. CRAIG SEARS, VINTAGE HILLS, LLC's, application; and WHEREAS, at the hearing the Planning and Community Development Committee in considering the application heard public testimony and accepted evidence and exhibits regarding the development; and WHEREAS, J. CRAIG SEARS, VINTAGE HILLS, LLC, who is the owner of property within the City of Auburn understands and agrees water and sewer services to the property may be limited by issues including the Endangered Species Act (ESA) and actions of other governmental agencies; and WHEREAS, King County has indicated it will not be able to accept a certificate of sewer availability from the City that was not in the King County Ordinance No. 5488 December 13, 2000 Page 2 system prior to October 26, 1999 until such time as the City has an approved sewer comprehensive plan; and WHEREAS, at this time the City does not have an approved sewer comprehensive plan, and WHEREAS, thereafter, the Planning and Community Development Committee, based upon the Findings of Fact contained herein, voted to recommend to the City Council that it approve the Agreement which provides for the issuance of water and/or sewer availability certificates. FINDINGS OF FACT 1. Sewer service is available at the property. The Public Works Department has determined that sewer service is or can be made available to the property. However, it is possible that the development proposal may result in the need for capacity improvements to the Rainier Shadows Pump Station. The applicant shall be required to prepare a capacity study for the city's review and approval and shall make improvements to the Rainier Shadows Pump Station should additional capacity be determined necessary by the City Public Works Department. This should be a condition of approval. 2. The proposal is consistent with City development standards. The applicant revised the preliminary plat to meet City Development Standards by agreeing to the following conditions: . A temporary access to 124t" Avenue SE shall be provided until the site can be accessed through adjacent development(s); . All streets shall be public and developed to City of Auburn standards; . The applicant shall construct a half-street improvement along the subject property's 124th Avenue SE frontage in accordance with City standards. These revisions should be made conditions of approval. Ordinance No. 5488 December 13, 2000 Page 3 However, the proposed plat shows private access tracts to serve lots within the subdivision. Access tracts are not allowed per City standards and therefore would only be permitted if a modification to City standards were granted (see discussion further below). 3. The proposal is consistent with the City Comprehensive Plan. The City of Auburn Comprehensive Plan Designation for the subject property and in the area is "Single Family Residential." The applicant proposes to build single family homes. 4. The property can not be annexed immediately. The property is approximately one mile from the existing City limits. 5. PCD Public Hearing. On November 27, 2000, the Planning and Community Development Committee held a public hearing on the proposed sewer availability certificate application. That public hearing was kept open to the PCD Committee's December 11, 2000 meeting to allow staff to have further discussion with the applicant on the issue of access tracts. 6. Request for Modification to City Standards. Auburn City Code (ACC) 14.18.070(B) provides for a modification to City standards through the water/sewer certificate process if the applicant can demonstrate that one or more of the following four conditions exists: 1. That special circumstances related to the size, shape, topography, location or surroundings of the subject property do not provide the owner with the development rights and privileges permitted to other similar properties in the vicinity and in the zoning district in which the subject property is located; or 2. That, because of the special circumstances, the development of the property in strict conformity with city standards will not allow a reasonable and harmonious use of the property; or 3. When applying city standards will result in a distinct "discontinuity" with adjacent development which was previously approved or constructed to county standards; or 4. When applying city standards puts the developer in a position where the county will not allow that development to take place." The applicant's original request for modification did not adequately address these criteria as it relates to the access tracts. Since the November 27, 2000 Ordinance No. 5488 December 13, 2000 Page 4 public hearing, the applicant submitted a letter dated December 5, 2000 outlining additional reasoning for a modification to city standards for the proposed access tracts. Access tracts are not allowed according to City of Auburn development standards. The December 5, 2000 letter notes that adjacent Vintage developments have relied on access tracts and have been previously reviewed and permitted through the County and through the City's water-sewer certificate process. The applicant specifically mentions the City Council's March 20, 2000 action on W SC0001-00. In WSC0001-00, a request for modification to City standards to allow access tracts was granted by the City Council. The City Council decision was based on a finding that requiring joint use driveways instead of access tracts conflicted with King County requirement for access tracts when an access is used by more than one property (see attached March 20, 2000 meeting minutes and WSC0001-00 ordinance excerpt). In that case, it was found that the application of city standards would put the developer in a position where King County would not aIlow the development to take place (modification condition # 4). 7. Consistency with Modification Criterion #4. WSC0001-00 provides a general precedent that access tracts may be allowed. While the situation is not entirely analogous (staff has not necessarily recommended that the applicant use joint use driveways as was the case in WCS0001-00), joint driveways could be applied in this instance as well. Further, the application of city standards to the applicant's proposal would result in the loss of lots (from 61 to 58). A potential reduction in lots was not the case in WSC0001-00. The applicant can therefore satisfy modification condition #4 (that the application of city standards would put the developer in a situation where King County will not allow the development to take place). For this reason, a modification is recommended. CONCLUSIONS 1. The findings of fact indicate that the proposal, if conditioned, is consistent with City Comprehensive Plan Policy CE-3. 2. Pursuant to ACC 14 (condition #4) to allow for a access tracts. 17.080 (B), the applicant has satisfied a condition modification of City standards for the proposed Ordinance No. 5488 December 13, 2000 Page 5 RECOMMENDED CONDITIONS Based on the facts and findings and the conclusions of this report, staff recommends that the Planning and Community Development Committee recommend approval of WSC00-0012 to the City Council subject to the following conditions: . The applicant shall be required to prepare a capacity study for the City's review and shall make improvements to the Rainier Shadows Pump Station should additional capacity be determined needed based on the capacity study and review by the City Public Works Department. . A temporary access to 124th Avenue SE shall be provided until the site can be accessed through an adjacent development(s) that satisfies city standards for access and maximum street length. . All streets shall be public and developed to City of Auburn standards. . The applicant shall construct a half-street improvement along the subject property's 124th Avenue SE frontage in accordance with City standards. . All other applicable City development standards shall be complied with. In addition, the Planning and Community Development Committee should recommend to the City Council that the following modification to city standards be granted in accordance with ACC 14.18.070(B): • Two (2) access tracts, each serving four (4) lots, shall be allowed. At their meeting on December 11th, the Planning and Community Development Committee recommended approval NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 5488 December 13, 2000 Page 6 Section 1. Purpose. The above cited Findings of Fact, Conclusions and Conditions are herewith approved and incorporated in this Ordinance by this reference. Section 2. Constitutionalitv or Invaliditv. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 3. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Development Agreement between the City and J. CRAIG SEARS, VINTAGE HILLS, LLC, Owner. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Ordinance No. 5488 December 13, 2000 Page 7 Section 5. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: December 18, 2000 PASSED: Decenber 18, 2000 APPROVED: December 18, 2000 V CHARLES A. BOO H MAYOR ATTEST: C Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: / 444 Ordinance No. 5488 December 13, 2000 Page 8 200012290~1895 COVINGTON 12 PAGE 001OF 010 KING9COUNTY14WA8 (PETITION rOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARAiION OF COVFNANT; DEUc Lo?M EWT Return Address City of Auburn Planning Dept. 25 West Main Street Auburn, WA 98001 W S C 00-0012 Parcel Number(s) 0421 OS-9020 ; 0421 C5-9022 Additional leaal on page 1 1 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and xn Vintage Hilis, LLC and the heirs, assigns, and/or successors in interest of certain ~ ~ property, hereinafter referred to as "OWNER", is for and in consideration of the ~ 4= furnishing of utility service by the CITY to certain property of the OWNER 0 hereinafter referred to as "PROPERTY". The OWNER does hereby petition for and N agree to annexation of the PROPERTY to the CITY, and does hereby agree to the ~ conditions of annexation herein, and does hereby declare this covenant. ° 1. ACKNOWLEDGMENTS AND REPRESENTATIONS ~ The OWNER does hereby acknowledge and agree as follows: 1.1. The OWNER is the owner of certain PROPERTY, which is iocated outside the corporate limits of the CITY. 1.2. The OWNER is seeking Plat approvai from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish Sewer services to the PROPERTY, which the owner understands and agrees may be limited by issues including the Endangered Species Act (ESA) and other governmental agencies. ORD # 5488 WSC00-0012 12/ 13/00 Page 1 1.4. This Agre°ment to extend Sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 ard therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination or significance and environmental review under SEPA. 1.6. The CITY'S Comprehensive Pian requires annexation or a commitment to future annexation and compliance with cerl'ain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. ~ 1.7. Washington law recognizes a City's requirement of an annexation agreement or a commitment to furure annexation as a condition of extending utility service outside the corporate limits of the CITY. _ 1.8. Extension of utility servicps beyond CITY limits is subject to the authority of the King County Boundary Review Board, and said Board requires that such extensions be conditioned on annexation or efforts 'loward ~ annexation. cn 1.9. The PROPERTY is located within the CiTY'S POTENTIAL ANNEXATION ~ ° AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County CI-4 Countywide Planning Policies. ~ 1.10. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or wil! Ue ulitimately anncxed inio the CiTY, are consttucted in accordance with CITY development standards as defined by section 14.18.006(C) of the Auburn City Code. 1.11. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of Sewer services to the PROPERTY would be proper upon the rulfilling of ail conditions and covenants herein. ORD # 5488 WSC00-0012 12/ 13/00 Page 2 1.12. The OWNER does hereby ccknowledge that in the Pvent of violation or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operaiion of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate rhe provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hoid the CITY harmless from cny and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is legally described in Attachment A, attached hereto and represented by reference as if set forth in full. The OWNER warrants that Attachment A is correct as fully describing subject PROPERTY. - 3. PETITION AND COVENANT FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby pefiition, agree and covenant as follows: 3.1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at ~ ~ any time the PROPERTY is included within any area which is being considered for r ~ annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrees that by ~ signing this Agreement, the PROPERTY of the OWNER will automatically be Q included as a property to be annexed in the event the PROPERTY is within a ~ proposed annexation area. 3.2. The OWNER agrees to execute aII necessary docum2nts such as applications, letters, notices, petitions or other instrumenTS iniiiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for ORD # 5488 WSC00-0012 12/ 13/00 Page 3 his/her/their heirs, successors and assigns, agre°s and covenants with the CITY, and to the present and ruture owners of the PROPERTY to which this covenant relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to immediately record this document and specifically advise future interests in the property. 3.3. The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be annexed to a city if property owners, equal to sixty percent of the assessed value of property within the area proposed to be annexed, sign a petition for such an annexation. 3.3.1 The OWNER further recognizes that other methods of annexation are allowed under the laws of the Srate of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which ~ ~ the OWNER has regarding rhe PROPERTY and that the OWNER is willingly waiving C= such rights in consideration of receiving the described utility services. I= ~ 3.5. The OWNER understands and agrees that upon annexation by the C-4 CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property wiThin the CITY is assessed and taxed to pay for ~ any then outstanding indebtedness of the CITY which was contracted prior to, or ~ existing at, the date of annexation. 3.6 The undersigned OWNER of the PROPERTY, on behalf of himself/herse(f/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCfL may direct. This Special Power of Afitorney is given for the valuable consideration of ORD # 5488 WSC00-0012 12/13/00 Page 4 the turnishing of water and/or sewer service by the CITY, and this Speciai Power ot ,qttorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disabifity of the principai. 3.7 T'ne OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: demestic water, sewer service, streets, street lighting and storm water facilities, inciuding regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGRtcMENT OF CONDITIONS AND/OR MITIGATfON MEASURES OF APPROVAL The OWNER, in consideration of the CITY'S agreement to provide Sewer utility services to the PROPERTY, and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree to comply with the followina: 4.1. A) The applicant shall be required to prepare a capacity ~ study for the City's review and shall make improvements to the Rainier ~ Shadows Pump Station should additional capacifiy be determined needed ~ based on the capacity study and review by the City Public Works Department; ~ B) A temporary access to 124th Avenue SE shall be provided ~ until the site can be accessed through an adjacent development(s) that satisfies city standards for access and maximum street length; ; C) All streets shall be public and developed to City of Auburn ; standards. D) The applicant shall construct a half-street improvement along the subject properfy's 124th Avenue SE frontage in accordance with City standards. E) All other applicable City development standards shall be complied with. F) In addition, the Planning and Community Development Committee should recommend to the City Council that the following modification to cifiy standards be granted in accordance with ACC 14.18.070(B): Two (2) access tracts, each serving four (4) lots, shall be allowed. 5. GENERAL PROVISIONS ORD # 5488 WSC00-0012 12/13/00 Page 5 The OWNER and the C!TY do hereby acknowledge and agree 'ro the foilowing provisions, which appiy to the entire Agreement herein. 5.1. The OWNER agrees that all ruture land use and development on the PROPERTY wiii meet ail land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 5.2. Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY wi'rh regard to annexation, construction of utiiity facilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledge that it is the OWNER'S responsibility to finance the design and construction of utility facilities needed to serve OWNER'S property consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, a* CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such LL-1 improvements, and shall reimburs2 the CITY for any reasonabie costs incurred in ~ such plan review and inspection. ~ 5.4. No modifications of this Agreement shail be made unless mutually ~ agreed upon by the parties in writing. ~ CI-4 5.5. If for any reason of any default or breach on the part of either the ~ OWNER or the CITY in the performance of any of the provisions of this Agreement ~ o a Iegal action is instituted, the party not prevailing agrees to pay ail reasonable C~+ costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Wash;ngTOn. The appiicable laws, rul2s, and regulations of the State of Washington and the CITY shall govern this Agreement. 5.6. The terms and provisions oi this DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with the land. The OWNER agrees to indemnify and hold the CITY harmless from any ORD # 5488 WSC00-0012 12/13/00 Page 6 claims that any subsequent purchaser may have as a resuit of this Agreement, including CITY's attorney fees and costs. 5.7. Any notice or demand required or permitted to be given under this Agreement shali be sufficient if given in writing and sent by registered or cerTified maii, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the U.S. Postal Service mail with postage prepaid. 5.7.1 The OWNER warrants that the OWNER will undertake, and be responsible for, all notifications, including recording, To all parties of interest and future parties of interest. 5.8. In the event that any term, provision, condition, claus° or other portion of this Agreement be heid to be inoperative, invalid, void, or in confiict with applicable provision, condition, clause or oiher portion of ihis Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, _and to this end, the "-I terms of this Agreement are declared by the parties to be severable. m ~ 5.9. Upon execution, this Agreement shali be recorded with the King ° County Auditor's office. The OWNER shail be responsible ror recording and shall provide evidence of such recording to the CITY. c., C114 r- IN WITNESS WHEREOF, the OWN R and the CITY here-lo have executed this ~ Agreement as of this~~day of 2000. C-. CITY OF AUBURN ~ ~ iIA CHARLES A. BOOTH MAYOR ORD # 5488 WSC00-0012 12/ 13/00 Page 7 ATTCST: Danielle Daskam City Clerk AP OVED A TO F M: , I Michael J. R2ynoids, City Attorney STATE OF WASHINGTON J j ss COUNTY OF KING ) On this - Ab#~ day of , 2000, berore me, the undersigned, a Notary Public in and ror the State of Washington, duly commissioned and sworn, personally appeared CHARLES A. BOOTH and DANIELLE Cn Cl= DASKAM, to me known as the Mayor and City Clerk, for the City of Auburn, the ~ ~ corporation who executed the within and foregoing instrument, and acknowledged 0 cn the said instrument to be the free and voluntary act and deed of said City or Auburn, C14 for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute 5aid instrument on behalf of said corporation. ~ IN WITNESS WHEREOF, I nave hereunto set my hand and affixed my official seai on the ~ date hereinabove set forth. ~ ~r'~ G = Q Q~~ !~~~'Ylah ~ < . , ' . ~ ~ .•~;~Cl;~til • ~ • ' NANIE ~d Y"~/ e ~ ~ ~ _.oa ; iLy1?G~~L / - % ; , s ~+39~~• :3..~,~~;G- NOTARY PUBLIC in and for the State of ~ ~ F bVAS'r~ Washington, residing at MY COMMISSION EXPIRES: ORD # 5488 WSC00-0012 12/13/00 Page 8 OWNER: Lx-l C3n C%= ~ ~ 0 ~ C1*4 C., ~ ~ ~ cl-J. Vintaye Hills, LLC BY" REPRESENTATIVE: f feff. . Ha CFO STATE OF WASHIiNGTON ) ~ JS C0U~1TY 0F KNG ) On this day ,?000, before me, the undersigned, aNotary Public in and for the State of Washington, duly commissioned and sworn, peesonally appeared Jeffrey E. Hamilton, the CFO of Vintage Hills, LLC, the REPRESENTATIVE that eYecuted the within and fore,oing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to eYecute said instrument on behalf of said OWNER. N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. SUZANNE BARNES STATE OF WASHINGTON NOTARY PUBLIC uy couuission EcptRES 2-16-02 (Pnnted Name) ee NOTARY PUBLIC in and for the State of Washing±on, residing a MY CONIMIISSION EXPIRES: •~C~ -Q ot. oR-D T sass wscoo-oo 12 1?/i 3/oo Page 9 ATTACHMENT A LEGAL DESCRIPTION: THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION R, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., LESS COUNTY ROAD; SUBJECT TO TRANSMISSION ! INE RIGHT OF WAY. TOGETHER WITH THE SOUTH HALr CF THE NORTH HALF CF THE SOUTH HALr OF THE SOUTHWEST QUARTER OI= THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., LESS COUNTY ROAD. COMMONLY KNOWN AS VINTAGE HILLS VI. ~ ~ ~ ~ ~ a ~ C114 ~ . ~ 0 cv ORD # 5488 WSC00-0012 12/13i00 Page 10