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WOOD RANCH ASSESSMENT AREA NO. 1 DESIGNATION RESOLUTION

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Special Service District
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Wood Ranch Public Infrastructure District
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Wood Ranch Public Infrastructure District

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Notice Title
WOOD RANCH ASSESSMENT AREA NO. 1 DESIGNATION RESOLUTION
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Resolutions
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Notice
Event Start Date & Time
April 24, 2024 05:10 PM
Description/Agenda
DESIGNATION RESOLUTION WHEREAS, the Board of Trustees (the 'Board') of the Wood Ranch Public Infrastructure District (the 'District'), adopted Resolution No. 2024-04 on April 24, 2024, pursuant to which the Board authorized and approved the form of this Designation Resolution; and BE IT RESOLVED by the Board of Trustees of the Wood Ranch Public Infrastructure District, as follows: Section 1. The Board hereby determines that it will be in the best interest of the District to designate an area to finance the costs of publicly owned infrastructure, facilities or systems more specifically described in Section 4 herein, along with other necessary miscellaneous improvements, and to complete said improvements in a proper and workmanlike manner (collectively, the 'Improvements'). The Board hereby determines that it is in the best interest of the District to levy assessments against properties benefited by the Improvements to finance the costs of said Improvements. The Board hereby finds that pursuant to the Act, the Improvements constitute a publicly owned infrastructure, facility or system that (i) the District is authorized to provide or (ii) is necessary or convenient to enable the District to provide a service that the District is authorized to provide. Section 2. Pursuant to the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended and the Public Infrastructure District Act, Title 17D, Chapter 4 of the Utah Code (together, the 'Act'), the owners (the 'Owners') of all properties to be assessed within the designated assessment area have voluntarily waived, among other things, all notice and hearing requirements, the right to contest or protest, and the right to have a board of equalization appointed as set forth in the Act, and have consented to (a) the levy of an assessment against their property for the benefits to be received from the Improvements, (b) the designation of the assessment area as herein described, (c) the financing of the Improvements by the District through the issuance of assessment bonds, including the payment of installments over a period of not to exceed 30 years, (d) the acquisition and/or construction of the Improvements, and (e) the method and estimated amount of assessment as set forth herein in accordance with the Acknowledgment, Waiver and Consent Agreement attached hereto as Exhibit A. The properties to be assessed are identified by legal description in Exhibit B attached hereto. Section 3. The District hereby designates an assessment area which shall be known as the 'Wood Ranch Assessment Area No. 1' (the 'Assessment Area'). A map and depiction of the Assessment Area is attached hereto as Exhibit C. The District received an appraisal of the unimproved property (from an appraiser who is a member of the Appraisal Institute) and addressed to the District verifying that the market value of the property, after completion of the Improvements, is at least three times the amount of the assessments proposed to be levied against the unimproved property. Section 4. The Improvements shall be generally located in and around the map and depiction area attached hereto as Exhibit C. The District plans to finance the costs of publicly owned infrastructure, facilities or systems as part of an approximately 635-acre residential and commercial development (the 'Wood Ranch Development'). The District plans to levy the 2 4865-0387-5735, v. 4 assessments to finance the Improvements within the Wood Ranch Development. The Improvements are more particularly described as follows: -Sewer improvements, including, but not limited to, mains, lift stations, manholes and manhole linings, sewer cleanouts, and laterals (various sizes). -Water improvements, including but not limited to, mains, valves, tees/crosses, bends, thrust bonds, fire hydrants, blow offs and appurtenances (various sizes). -Roads and roadway improvements including, but not limited to, rights of way, earthwork, curbs, gutters, sidewalks, street signage, centerline monuments, conduit crossings, street striping, streetlights and mailboxes. -Storm drain improvements, including but, but not limited to, storm drain pipes, catch basins, junction boxes, inlets, culverts, cleanouts, trash racks, rip-rap and geotextile fabric. As further engineering, costs, efficiencies, or any other issues present themselves, the District hereby reserves the right to approve reasonable changes to the allocation of expenditures described above and the location and specifications of the Improvements (but not to the Improvements) without obtaining the consent of the property owners within the Assessment Area. Section 5. Pursuant to the Act, the Board has determined to levy assessments to pay the cost of the Improvements. The assessments are assessed against properties in a manner that reflects an equitable portion of the benefit of the Improvements as required by the Act (and in any event the Owners have consented to such manner without reservation) and shall be payable in annual installments as set forth in the Assessment Ordinance. The District has determined that the reasonable useful life of the Improvements is at least fifty (50) years and that it is in the District and the Owners' best interest for certain property owner installments to be paid for over up to thirty (30) years. Section 6. The total acquisition and/or construction cost of the Improvements, including estimated overhead costs, administrative costs, costs of funding reserves, and debt issuance costs, is estimated at $24,641,000, of which is anticipated to be paid by assessments to be levied against the properties within the Assessment Area to be benefited by such Improvements, which benefits need not actually increase the fair market value of the properties to be assessed. The District expects to finance the cost of the Improvements by issuing assessment bonds (the 'Bonds'). The District currently estimates selling the Bonds at a true interest cost interest rate of approximately 6.50% per annum, maturing within thirty (30) years of their date of issuance. Inasmuch as bonds have not been issued, the District notes that the interest rate and annual payment are only as estimated and not a cap or maximum amount. It is anticipated that the reserve fund will be initially funded with proceeds of the Bonds. The estimated cost of Improvements to be assessed against the benefited properties within the Assessment Area are to be initially assessed using an equivalent residential unit ('ERU') as follows: Section 7. As set forth in the Assessment Ordinance, the assessment methodology may, under certain circumstances, be altered in the future. 3 4865-0387-5735, v. 4 Improvements Assessment Assessment Method Assessment Per ERU All above-described Improvements $24,641,000 ERU $59,667 Section 8. The Board intends to levy assessments as provided in the Act on all parcels and lots of real property within the Assessment Area to be benefited by the Improvements, and the Owners of which have executed the Acknowledgment, Waiver and Consent Agreement described in Section 2 herein. The purpose of the assessment and levy is to finance the cost of the Improvements, which the District will not assume or pay. The existing planning and zoning conditions of the District shall govern the development in the Assessment Area. The Owners have waived the right to prepay the assessment without interest within twentyfive (25) days after the ordinance levying the assessments becomes effective. A property owner may prepay the assessment as provided in the Assessment Ordinance. The assessments shall be levied against properties in a manner that reflects an equitable portion of the benefit of the Improvements as required by the Act, and in any case, the Owners have consented to such methodology as provided in Section 11-42-409(5) of the Act. Other payment provisions and enforcement remedies shall be in accordance with the Act. A map of the Assessment Area and the location of the Improvements and other related information are on file in the office of the Secretary/Clerk who will make such information available to all interested persons. Section 9. The District will collect the Assessments by directly billing each property owner rather than inclusion on a property tax notice. Section 10. A professional engineer has prepared a 'Certificate of Project Engineer,' attached hereto as Exhibit D, which, among other things, identifies the Improvements to be constructed and installed and is available upon request from the District. The findings and determinations set forth in this Resolution are based, in part, upon said Certificate of Project Engineer. Section 11. The provisions of the Assessment Ordinance shall govern the levy, payment and applicable provisions regarding the assessments notwithstanding anything contained herein to the contrary. As required by Section 11-42-206(3) of the Act, within 15 days of the completion of this Resolution, the Secretary/Clerk shall (i) record an original or certified copy of this designation resolution with Salt Lake County and (ii) where applicable, file with the Salt Lake County Recorder a notice of proposed assessment. 4865-0387-5735, v. 4 A-1 EXHIBIT A ACKNOWLEDGMENT, WAIVER AND CONSENT AGREEMENT 4854-9140-0599, v. 3 ACKNOWLEDGMENT, WAIVER AND CONSENT AGREEMENT This Acknowledgment, Waiver and Consent Agreement (this 'Agreement') is entered into April 24, 2024, by Wood Ranch Development, LLC, a Utah limited liability company (the 'Owner'). R E C I T A L S: 1. As of the date hereof, the Owner owns the real property described in Exhibit A attached hereto (the 'Subject Property'), which constitutes a portion of the property to be assessed within the Assessment Area described herein. 2. The Owner desires that the Wood Ranch Public Infrastructure District (the 'PID') designate an assessment area pursuant to the Assessment Area Act, Title 11, Chapter 42, Utah Code Annotated 1953, as amended (the 'Act'), for purposes of constructing publicly owned infrastructure, facilities or systems along with other necessary miscellaneous improvements (the 'Improvements'), as more fully described in the Assessment Ordinance (defined herein). 3. Estimated costs for the Improvements, including estimated overhead costs, administrative costs, costs of funding reserves, and debt issuance costs, is estimated at $35,422,823, of which $24,641,000 shall be assessed shall be levied against the properties benefited within the Assessment Area. The Owner anticipates using other funding to complete the remainder of the Improvements. If the Assessments and additional funding are not sufficient to complete the Improvements, the Owner hereby agrees to pay to complete the Improvements, including, but not limited to, an additional assessment on the Owner's property without any ability to contest such assessment. 4. Pursuant to the Act, the Board of Trustees of the PID (the 'Board') has or is expected to approve (i) a Designation Resolution, a copy of which is attached hereto as Exhibit B (the 'Designation Resolution') designating an assessment area to be known as the 'Wood Ranch Assessment Area No. 1' (the 'Assessment Area') and (ii) an Assessment Ordinance for the Assessment Area (the 'Assessment Ordinance'), a copy of which is attached hereto as Exhibit C, which, among other things, contemplates the reallocation and adjustment of the Assessments by the PID among subdivided parcels within the Assessment Area. 5. The Owner and the PID desire to include the Subject Property in the Assessment Area and to expedite such process by waiving certain statutory procedures as permitted by the Act for the purpose of accelerating the financing of the Improvements. NOW, THEREFORE, in consideration of the premises stated herein, the inclusion of the Subject Property in the Assessment Area, the acquisition, construction and installation of the Improvements and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owner hereby agrees as follows: Section 1. Representations and Warranties of the Owner. The Owner hereby represents and warrants that: 4854-9140-0599, v. 3 2 (a) the Owner is the sole owner of the Subject Property identified as such in Exhibit A attached hereto; (b) the Owner has taken all action necessary to execute and deliver this Agreement; (c) the execution and delivery of this Agreement by the Owner does not conflict with, violate, or constitute on the part of the Owner a breach or violation of any of the terms and provisions of, or constitute a default under (i) any existing constitution, law, or administrative rule or regulation, decree, order, or judgment; (ii) any corporate restriction or any bond, debenture, note, mortgage, indenture, agreement, or other instrument to which the Owner is a party or by which the Owner is or may be bound or to which any of the property or assets of the Owner is or may be subject; or (iii) the creation and governing instruments of the Owner, if applicable; (d) there is no action, suit, proceeding, inquiry, or investigation at law or in equity by or before any court or public board or body and to which the Owner is a party, or threatened against the Owner (i) seeking to restrain or enjoin the levy or collection of the Assessments, (ii) contesting or affecting the establishment or existence, of the Owner or any of its officers or employees, its assets, property or conditions, financial or otherwise, or contesting or affecting any of the powers of the Owner, including its power to develop the Subject Property, or (iii) wherein an unfavorable decision, ruling, or finding would adversely affect the validity or enforceability or the execution and delivery by the Owner of this Agreement; (e) the Owner has not made an assignment for the benefit of creditors, filed a petition in bankruptcy, petitioned or applied to any tribunal for the appointment of a custodian, receiver or any trustee or commenced any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction. The Owner has not indicated their consent to, or approval of, or failed to object timely to, any petition in bankruptcy, application or proceeding or order for relief or the appointment of a custodian, receiver or any trustee; (f) the Owner is not in default under any resolution, agreement or indenture, mortgage, lease, deed of trust, note or other instrument to which the Owner is subject, or by which it or its properties are or may be bound, which would have a material adverse effect on the development of the Subject Property; (g) the Owner is in compliance and will comply in all material respects with all provisions of applicable law relating to the development of the Subject Property, including applying for all necessary permits; (h) the Owner hereby consents in all respects to the Improvements and assessment methodology as described in the Designation Resolution and Assessment Ordinance, including as provided in the Act; 4854-9140-0599, v. 3 3 (i) the assessment bonds, together with funds of the Owner, will be sufficient to complete the Improvements in order to achieve finished lots as contemplated in the Appraisal Report for Wood Ranch Subdivision, prepared by Colliers International Valuation & Advisory Services, dated January 16, 2024; (j) each entity comprising the Owner is an affiliate (within the meaning of the Assessment Ordinance) with respect to each other entity comprising the Owner; and (k) the undersigned are authorized to execute and deliver this Agreement for and on behalf of the Owner. Section 2. Acknowledgment by the Owner. The Owner on behalf of itself, and its successors in title and assigns, hereby acknowledges and certifies that: (a) the undersigned, on behalf of the Owner, are duly qualified representatives of the Owner with the power and authority to execute this Agreement for and on behalf of the Owner and have heretofore consulted their own counsel prior to the execution and delivery of this Agreement; (b) the Owner has received a copy of the Designation Resolution, the Assessment Ordinance and any other information necessary to execute this Agreement; (c) the consents set forth in Section 3 herein will benefit the Owner by expediting the assessment process and providing for the financing of the Improvements by the issuance of assessment bonds; (d) the Assessments constitute a legal, valid and binding lien on the Subject Property; (e) the Assessment Ordinance and the rights of the PID thereunder with respect to the enforcement of the lien of the Assessments and all other conditions therein; (f) the Owner has provided the pertinent information supporting the estimated cost of the Improvements, the allocation of Equivalent Residential Units ('ERUs') in the Assessment Area, the property description and tax parcel identifications of the Subject Property and the Assessment Area and the assessment list attached to the Assessment Ordinance, and the PID is relying on this Agreement in order to issue its assessment bonds related to the Improvements; (g) the levy of the Assessments on the Subject Property will not conflict with or constitute a breach of or default under any agreement, mortgage, lien or other instrument to which the Owner is a party or to which its property or assets are subject; 4854-9140-0599, v. 3 4 (h) the Owner further acknowledges and agrees that if for any reason the Assessments are insufficient to complete the Improvements, the property owners within the Assessment Area may be responsible for paying any pro-rata share of additional costs required to complete the Improvements, including, but not limited to, an additional assessment on their property without any ability to contest such assessment; (i) the PID cannot guaranty or predict the interest rates of the assessment bonds related to the Assessment Area, which will have a direct impact on the amount of the Assessments; (j) each parcel of property (including subdivided parcels, if applicable) within the Assessment Area shall initially have an allocation of ERUs; (k) the amount of the Assessment on the Subject Property reflects an equitable portion of the benefit the Subject Property will receive from the Improvements, but nevertheless, the Owner hereby consents to such Assessment as provided in Section 11-42-409(5) of the Act; and (l) the Owner has received consents to the Assessment and issuance of the assessment bonds described herein from all lienholders on the Subject Property whose consent is required. Section 3. Consent by Owner. The Owner, on behalf of itself, and its successors in title and assigns, hereby consents to: (a) the inclusion of the Subject Property in the Assessment Area and the designation of the Assessment Area for the purpose of financing the cost of the Improvements with assessments to be levied against properties within said Assessment Area, including the Subject Property, all as described in the Designation Resolution, the estimated costs of the Improvements, the method of assessment, and the Assessment Ordinance; (b) the PID financing the acquisition, construction and installation of the Improvements through the issuance of assessment bonds as provided in the Act; (c) the allocation of Assessments as described in Exhibit A hereto and as further described in the Assessment Ordinance, including the number of ERUs attributable to each unit type; (d) aggregation of all Assessments of all properties owned by the same owner (including an affiliate of such owner) as a single unified assessment against all properties owned by the same owner, as further described in the Assessment Ordinance; (e) all foreclosure remedies of the Subject Property in accordance with the Act and the Assessment Ordinance; 4854-9140-0599, v. 3 5 (f) not suing or enjoining the levy, collection, or enforcement of the Assessment levied pursuant to the Assessment Ordinance or in any manner attacking or questioning the legality of said Assessment levied within the Assessment Area pursuant to the Assessment Ordinance; and (g) the District imposing assessments to be paid in installments over a period of not to exceed thirty (30) years from the effective date of an assessment resolution. Section 4. Waiver. The Owner, on behalf of itself, and its successors in title and assigns, hereby waives: (a) any and all notice and hearing requirements set forth in the Act; (b) its rights for contesting, protesting, or challenging the legality or validity of the equitability or fairness of the Assessments, or the creation and establishing of the Assessment Area, the adopting of the Assessment Ordinance or the levy and collection of Assessments pursuant to the Assessment Ordinance, whether by notice to the PID or by judicial proceedings, or by any other means; (c) the right to have appointed by the PID a board of equalization and review which would hear aggrieved property owners and recommend adjustments in assessments, if deemed appropriate, the right to a hearing before a board of equalization and review and the right to appeal from any determination of a board of equalization and review as provided in the Act; (d) the right to pay cash for its assessment during a cash prepayment period which would otherwise extend for twenty-five (25) days after the adoption and publication of the Assessment Ordinance as provided in the Act; (e) any right to contest its assessment, including but not limited to the 60-day contestability period provided in Section 11-42-106 of the Act; (f) any right to contest that the Improvements qualify as a publicly owned infrastructure, system or other facility that (i) the PID is authorized to provide or (ii) is necessary or convenient to enable the PID to provide a service that the PID is authorized to provide and the Owner further acknowledges that it has consulted with counsel regarding the same; and (g) any other procedures that the PID may be required to follow in order to designate an assessment area or to levy an assessment as described in the Designation Resolution and the Assessment Ordinance. Section 5. Amendment. The Owner hereby acknowledges that bond counsel will rely on the representations, warranties, acknowledgments, consents, and agreements herein contained in issuing opinions relating to the levy of the assessments and the issuance of assessment bonds and consequently agrees that this Agreement may not be amended, modified, or changed without the prior written consent of the PID and such bond counsel. 4854-9140-0599, v. 3 6 Section 6. Severability. The invalidity or un-enforceability in particular circumstances of any provision of this Agreement shall not extend beyond such provision or circumstances and no other provision hereof shall be affected by such invalidity or unenforceability. Section 7. Headings. The headings of the sections of this Agreement are inserted for convenience only and shall not affect the meaning or interpretation hereof. Section 8. Successors and Assigns. This Agreement shall be binding upon the Owner and its successors and assigns. Section 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. Section 10. Counterparts. This Agreement may be executed in several counterparts, all or any of which may be treated for all purposes as an original and shall constitute and be one and the same instrument. Section 11. Defined Terms. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to such terms in the Assessment Ordinance. S-1 Assessment Area Acknowledgment, Waiver, and Consent IN WITNESS WHEREOF, the undersigned, on behalf of the Owner, have hereunto executed this Agreement as of the date first hereinabove set forth. OWNER: WOOD RANCH DEVELOPMENT, LLC, a Utah limited liability company, as property owner with respect to the real property attributed to such entity in Exhibit A hereto By: Managing Member A-1 EXHIBIT A TAX ID AND LEGAL DESCRIPTION OF PROPERTY TO BE ASSESSED Assessment Method and Amount* Total Assessment $24,641,000 Total ERUs 412.98 Assessment Per ERU $59,667 Unit Type Quantity Initial Lien/Lot ERUs Per Unit Total Assessment per Lot Type Towns/Flats - Shallow 54 $23,000 0.385 $1,242,000 Row 76 30,000 0.503 2,280,000 Alley 62 40,000 0.670 2,480,000 Small Lot 54 45,667 0.765 2,466,000 SFD 1 62 49,333 0.827 3,058,667 SFD 2 61 59,667 1.000 3,639,667 SFD 3 52 69,000 1.156 3,588,000 SFD 4 32 82,000 1.374 2,624,000 SFD 5 10 89,000 1.492 890,000 SFD 6 9 94,667 1.587 852,000 SFD 7 19 51,667 0.866 981,667 Towns/Flats - Standard 21 25,667 0.430 539,000 Total 512 $24,641,000 * Figures have been rounded Parcels to be Assessed Parcel Identification Number Owner Entity 20-27-101-001-4001 Wood Ranch Development, LLC 20-27-101-001-4002 Wood Ranch Development, LLC 20-27-101-001-4003 Wood Ranch Development, LLC 20-28-200-009 Wood Ranch Development, LLC 20-27-176-001 Wood Ranch Development, LLC Parcel has been subdivided, but no new parcel ID number has been provided. Only includes portion of such parcel owned by Wood Ranch Development, LLC. A-2 4854-9140-0599, v. 3 Legal Description The Assessment Area is more particularly described as follows: That certain real property located in Salt Lake County, State of Utah and described as follows: Beginning at a point on the Westerly Right-of-Way Line of State Road 111 (Bacchus Highway), said point lies North 00°06'38' West 4244.495 feet along the Quarter Section Line and West 138.346 feet from the South Quarter Corner of Section 27, Township 2 South, Range 2 West, Salt Lake Base and Meridian and running thence along said State Road 111 (Bacchus Highway) South 08°02'22' West 70.000 feet; thence North 81°57'38' West 427.320 feet to a point on a 515.000 foot radius tangent curve to the right, (radius bears North 08°02'22' East, Chord: North 78°21'39' West 64.667 feet); thence along the arc of said curve 64.710 feet through a central angle of 07°11'57'; thence North 74°45'41' West 175.572 feet to a point on a 515.000 foot radius tangent curve to the right, (radius bears North 15°14'19' East, Chord: North 59°50'49' West 265.096 feet); thence along the arc of said curve 268.114 feet through a central angle of 29°49'43'; thence North 44°55'57' West 62.623 feet to a point on a 515.000 foot radius non tangent curve to the right, (radius bears North 42°34'23' West, Chord: South 58°45'19' West 202.323 feet); thence along the arc of said curve 203.647 feet through a central angle of 22°39'24'; thence South 70°05'00' West 303.339 feet to a point on a 455.000 foot radius tangent curve to the left, (radius bears South 19°55'00' East, Chord: South 69°25'05' West 10.567 feet); thence along the arc of said curve 10.567 feet through a central angle of 01°19'50'; thence South 21°14'50' East 99.982 feet; thence South 21°07'30' East 20.000 feet to a point on a 329.000 foot radius non tangent curve to the left, (radius bears South 21°07'30' East, Chord: South 64°13'05' West 53.423 feet); thence along the arc of said curve 53.482 feet through a central angle of 09°18'50'; thence South 30°26'20' East 100.398 feet; thence South 30°07'30' East 56.000 feet to a point on a 212.000 foot radius non tangent curve to the right, (radius bears South 30°07'30' East, Chord: North 60°47'06' East 6.733 feet); thence along the arc of said curve 6.734 feet through a central angle of 01°49'11'; thence South 36°41'34' East 63.678 feet; thence South 19°55'00' East 13.764 feet; thence North 70°05'00' East 58.813 feet; thence South 19°55'00' East 20.000 feet; thence South 27°48'54' East 77.668 feet to a point on a 268.000 foot radius non tangent curve to the right, (radius bears South 26°47'56' East, Chord: North 66°38'32' East 32.173 feet); thence along the arc of said curve 32.192 feet through a central angle of 06°52'56'; thence North 70°05'00' East 88.688 feet to a point on a 268.000 foot radius tangent curve to the right, (radius bears South 19°55'00' East, Chord: North 80°27'25' East 96.515 feet); thence along the arc of said curve 97.044 feet through a central angle of 20°44'50'; thence South 89°10'10' East 113.556 feet to a point on a 268.000 foot radius tangent curve to the right, (radius bears South 00°49'50' West, Chord: South 81°57'55' East 67.216 feet); thence along the arc of said curve 67.394 feet through a central angle of 14°24'29'; thence South 74°45'41' East 235.532 feet to a point on a 639.000 foot radius tangent curve to the left, (radius bears North 15°14'19' East, Chord: South 78°21'39' East 80.237 feet); thence along the arc of said curve 80.290 feet through a central angle of 07°11'57'; thence South 81°57'38' East 134.509 feet; thence South 08°02'22' West 267.900 feet; thence North 81°57'38' West 248.525 feet; thence South 15°14'19' West 5.838 feet to a point on a 270.000 foot radius tangent curve to the right, (radius bears North 74°45'41' West, Chord: South 18°30'48' West 30.846 feet); thence along the arc of said curve 30.863 feet through a central angle of 06°32'57'; thence South 21°47'17' West 66.855 feet to a point on a 270.000 foot radius tangent curve to the right, (radius bears North 68°12'43' West, Chord: South 23°24'04' West 15.202 feet); thence along the arc of said curve 15.204 feet through a central angle of 03°13'35'; thence South 25°00'51' West 13.402 feet; thence South 25°00'51' West 156.096 feet A-3 4854-9140-0599, v. 3 to a point on a 470.000 foot radius tangent curve to the left, (radius bears South 64°59'09' East, Chord: South 20°13'53' West 78.377 feet); thence along the arc of said curve 78.468 feet through a central angle of 09°33'57'; thence South 75°45'44' East 45.313 feet to a point on a 461.500 foot radius tangent curve to the left, (radius bears North 14°14'16' East, Chord: South 78°25'08' East 42.782 feet); thence along the arc of said curve 42.798 feet through a central angle of 05°18'48'; thence South 81°04'32' East 14.575 feet; thence South 75°25'50' East 101.664 feet; thence South 81°04'32' East 183.781 feet to a point on a 471.500 foot radius tangent curve to the left, (radius bears North 08°55'28' East, Chord: South 83°53'53' East 46.435 feet); thence along the arc of said curve 46.454 feet through a central angle of 05°38'42'; thence South 86°43'14' East 136.933 feet; thence South 81°57'28' East 65.581 feet to said State Road 111 (Bacchus Highway); thence along said said State Road 111 (Bacchus Highway) the following (2) courses: 1) South 08°02'22' West 71.660 feet; 2) South 08°02'22' West 32.179 feet; thence North 81°04'32' West 536.807 feet; thence North 75°45'44' West 126.464 feet to a point on a 487.500 foot radius non tangent curve to the left, (radius bears South 78°45'39' East, Chord: South 11°13'04' West 0.365 feet); thence along the arc of said curve 0.365 feet through a central angle of 00°02'34'; thence North 75°45'44' West 25.034 feet to a point on a 512.500 foot radius non tangent curve to the right, (radius bears South 78°39'19' East, Chord: North 11°21'55' East 0.365 feet); thence along the arc of said curve 0.365 feet through a central angle of 00°02'27'; thence North 75°45'44' West 22.365 feet to a point on a 560.000 foot radius tangent curve to the right, (radius bears North 14°14'16' East, Chord: North 70°22'26' West 105.173 feet); thence along the arc of said curve 105.328 feet through a central angle of 10°46'35'; thence North 64°59'09' West 1025.252 feet; thence South 25°00'51' West 261.908 feet to a point on a 455.000 foot radius tangent curve to the left, (radius bears South 64°59'09' East, Chord: South 13°32'19' West 181.045 feet); thence along the arc of said curve 182.261 feet through a central angle of 22°57'04'; thence North 82°47'13' West 290.169 feet to a point on a 457.000 foot radius tangent curve to the left, (radius bears South 07°12'47' West, Chord: North 84°41'43' West 30.438 feet); thence along the arc of said curve 30.444 feet through a central angle of 03°49'01'; thence North 86°36'14' West 503.342 feet to a point on a 953.000 foot radius tangent curve to the left, (radius bears South 03°23'46' West, Chord: South 87°50'25' West 184.535 feet); thence along the arc of said curve 184.825 feet through a central angle of 11°06'43' to a point of compound curvature with a 953.000 foot radius tangent curve to the left, (radius bears South 07°42'57' East, Chord: South 60°38'41' West 702.870 feet); thence along the arc of said curve 719.863 feet through a central angle of 43°16'45'; thence North 50°59'42' West 58.000 feet; thence North 50°22'19' West 80.352 feet; thence North 54°24'09' West 124.172 feet to a point on a 470.000 foot radius non tangent curve to the left, (radius bears South 54°03'27' East, Chord: South 34°59'48' West 15.515 feet); thence along the arc of said curve 15.515 feet through a central angle of 01°53'29'; thence North 55°56'56' West 60.000 feet; thence North 58°08'55' West 108.039 feet; thence South 72°51'54' West 60.634 feet to a point on a 69.645 foot radius non tangent curve to the right, (radius bears South 72°51'55' West, Chord: South 01°59'01' East 36.406 feet); thence along the arc of said curve 36.833 feet through a central angle of 30°18'08' to a point of compound curvature with a 10858.060 foot radius tangent curve to the right, (radius bears North 76°49'57' West, Chord: South 13°50'17' West 254.151 feet); thence along the arc of said curve 254.157 feet through a central angle of 01°20'28'; thence South 27°48'12' West 156.217 feet to a point on a 40.000 foot radius tangent curve to the left, (radius bears South 62°11'48' East, Chord: South 18°59'22' West 12.258 feet); thence along the arc of said curve 12.307 feet through a central angle of 17°37'41'; thence South 10°10'31' West 46.688 feet to a point on a 50.000 foot radius tangent curve to the right, (radius bears North 79°49'29' West, Chord: South 24°29'41' West 24.733 feet); thence along the arc of said curve 24.992 feet through a central angle of 28°38'20' to a point of compound curvature with a 445.441 foot radius tangent curve to the right, (radius bears North 51°11'09' West, Chord: South 43°52'44' West 78.647 feet); thence along the arc of said curve 78.750 feet through a central angle of 10°07'46' to a point of compound A-4 4854-9140-0599, v. 3 curvature with a 200.000 foot radius tangent curve to the right, (radius bears North 41°03'23' West, Chord: South 56°43'32' West 54.162 feet); thence along the arc of said curve 54.329 feet through a central angle of 15°33'50'; thence South 64°30'28' West 65.855 feet to a point on a 436.441 foot radius tangent curve to the right, (radius bears North 25°29'32' West, Chord: South 74°24'11' West 150.005 feet); thence along the arc of said curve 150.753 feet through a central angle of 19°47'27' to a point of compound curvature with a 547.749 foot radius non tangent curve to the right, (radius bears North 05°43'38' West, Chord: South 88°48'16' West 86.552 feet); thence along the arc of said curve 86.643 feet through a central angle of 09°03'47'; thence North 72°19'34' West 51.433 feet to a point on a 149.898 foot radius non tangent curve to the left, (radius bears North 72°47'33' West, Chord: North 02°04'11' East 78.289 feet); thence along the arc of said curve 79.208 feet through a central angle of 30°16'32' to a point of compound curvature with a 280.115 foot radius non tangent curve to the left, (radius bears South 84°10'50' West, Chord: North 18°07'04' West 119.330 feet); thence along the arc of said curve 120.251 feet through a central angle of 24°35'48' to a point of compound curvature with a 246.392 foot radius non tangent curve to the left, (radius bears South 52°00'44' West, Chord: North 51°21'16' West 113.921 feet); thence along the arc of said curve 114.961 feet through a central angle of 26°43'59' to a point of reverse curvature with a 84.399 foot radius non tangent curve to the right, (radius bears North 20°32'21' East, Chord: North 07°23'27' West 149.137 feet); thence along the arc of said curve 182.864 feet through a central angle of 124°08'23'; thence North 52°13'16' East 584.218 feet; thence North 86°57'06' West 16.927 feet; thence North 04°08'39' East 22.667 feet; thence North 85°51'21' West 12.000 feet; thence North 04°08'39' East 155.443 feet; thence North 09°07'54' East 60.000 feet to a point on a 293.436 foot radius non tangent curve to the left, (radius bears North 09°07'54' East, Chord: South 82°56'57' East 21.307 feet); thence along the arc of said curve 21.312 feet through a central angle of 04°09'41'; thence South 85°50'42' East 110.836 feet to a point on a 172.955 foot radius non tangent curve to the right, (radius bears South 85°33'26' East, Chord: North 41°48'50' East 209.959 feet); thence along the arc of said curve 225.619 feet through a central angle of 74°44'33' to a point of reverse curvature with a 357.507 foot radius non tangent curve to the left, (radius bears North 10°53'16' West, Chord: North 68°34'36' East 130.738 feet); thence along the arc of said curve 131.478 feet through a central angle of 21°04'17' to a point of compound curvature with a 233.183 foot radius non tangent curve to the left, (radius bears North 32°00'42' West, Chord: North 34°58'58' East 182.264 feet); thence along the arc of said curve 187.255 feet through a central angle of 46°00'39' to a point of compound curvature with a 233.183 foot radius tangent curve to the left, (radius bears North 78°01'21' West, Chord: North 04°46'09' West 134.379 feet); thence along the arc of said curve 136.312 feet through a central angle of 33°29'36' to a point of reverse curvature with a 368.238 foot radius non tangent curve to the right, (radius bears North 68°27'25' East, Chord: North 03°16'02' West 230.953 feet); thence along the arc of said curve 234.916 feet through a central angle of 36°33'06' to a point of reverse curvature with a 326.764 foot radius non tangent curve to the left, (radius bears North 75°00'20' West, Chord: North 02°42'12' West 198.671 feet); thence along the arc of said curve 201.865 feet through a central angle of 35°23'45'; thence North 21°07'56' West 96.400 feet; thence North 21°07'56' West 231.841 feet; thence South 68°52'59' West 42.500 feet; thence North 21°07'01' West 60.000 feet; thence North 21°07'01' West 181.911 feet to a point on a 270.000 foot radius tangent curve to the right, (radius bears North 68°52'59' East, Chord: North 10°33'31' West 98.949 feet); thence along the arc of said curve 99.511 feet through a central angle of 21°07'01'; thence North 52.461 feet to a point on a 270.000 foot radius tangent curve to the right, (radius bears East, Chord: North 15°51'32' East 147.566 feet); thence along the arc of said curve 149.467 feet through a central angle of 31°43'04'; thence North 31°43'04' East 132.453 feet to a point on a 497.000 foot radius non tangent curve to the left, (radius bears South 22°52'05' West, Chord: North 68°25'00' West 22.290 feet); thence along the arc of said curve 22.292 feet through a central angle of 02°34'12'; thence North 24°42'06' West 8.435 feet to a point on a 503.000 foot radius non tangent curve to A-5 4854-9140-0599, v. 3 the left, (radius bears South 19°37'08' West, Chord: North 75°42'37' West 93.432 feet); thence along the arc of said curve 93.567 feet through a central angle of 10°39'29'; thence South 89°55'48' East 110.311 feet; thence South 89°58'36' East 211.410 feet; thence South 89°56'31' East 539.225 feet to a point on a 268.500 foot radius non tangent curve to the right, (radius bears South 66°37'03' East, Chord: North 35°27'58' East 112.415 feet); thence along the arc of said curve 113.253 feet through a central angle of 24°10'02'; thence South 42°27'01' East 48.500 feet; thence South 57°12'27' East 96.915 feet; thence South 28°23'48' East 23.640 feet; thence North 84°00'00' East 76.735 feet; thence South 06°00'00' East 209.954 feet to a point on a 273.710 foot radius non tangent curve to the left, (radius bears North 87°51'06' East, Chord: South 27°18'47' East 232.773 feet); thence along the arc of said curve 240.429 feet through a central angle of 50°19'44'; thence South 52°28'39' East 219.846 feet to a point on a 277.656 foot radius tangent curve to the left, (radius bears North 37°31'21' East, Chord: South 56°54'27' East 42.893 feet); thence along the arc of said curve 42.936 feet through a central angle of 08°51'36'; thence South 61°20'15' East 140.035 feet to a point on a 83.806 foot radius tangent curve to the left, (radius bears North 28°39'45' East, Chord: South 89°18'30' East 78.614 feet); thence along the arc of said curve 81.825 feet through a central angle of 55°56'30' to a point of compound curvature with a 70.000 foot radius tangent curve to the left, (radius bears North 27°16'45' West, Chord: North 42°56'22' East 47.381 feet); thence along the arc of said curve 48.335 feet through a central angle of 39°33'47' to a point of reverse curvature with a 537.511 foot radius tangent curve to the right, (radius bears South 66°50'32' East, Chord: North 25°50'14' East 50.255 feet); thence along the arc of said curve 50.273 feet through a central angle of 05°21'32' to a point of compound curvature with a 58.000 foot radius tangent curve to the right, (radius bears South 61°29'00' East, Chord: North 36°41'30' East 16.495 feet); thence along the arc of said curve 16.551 feet through a central angle of 16°20'59'; thence East 261.213 feet; thence South 72°29'58' East 21.149 feet to a point on a 135.000 foot radius non tangent curve to the right, (radius bears South 15°43'23' West, Chord: South 48°29'51' East 117.425 feet); thence along the arc of said curve 121.482 feet through a central angle of 51°33'31'; thence South 22°43'05' East 60.714 feet to a point on a 163.425 foot radius tangent curve to the left, (radius bears North 67°16'55' East, Chord: South 34°37'35' East 67.444 feet); thence along the arc of said curve 67.932 feet through a central angle of 23°48'59' to a point of compound curvature with a 163.425 foot radius tangent curve to the left, (radius bears North 43°27'55' East, Chord: South 61°46'15' East 85.896 feet); thence along the arc of said curve 86.916 feet through a central angle of 30°28'21'; thence South 77°00'25' East 17.965 feet to a point on a 275.163 foot radius tangent curve to the left, (radius bears North 12°59'35' East, Chord: North 88°51'03' East 134.460 feet); thence along the arc of said curve 135.835 feet through a central angle of 28°17'04'; thence North 74°42'31' East 84.515 feet to a point on a 310.245 foot radius tangent curve to the right, (radius bears South 15°17'29' East, Chord: North 87°38'25' East 138.857 feet); thence along the arc of said curve 140.043 feet through a central angle of 25°51'47' to a point of reverse curvature with a 267.195 foot radius non tangent curve to the left, (radius bears North 15°38'15' East, Chord: North 89°16'44' East 150.512 feet); thence along the arc of said curve 152.576 feet through a central angle of 32°43'03'; thence North 72°55'12' East 342.439 feet; thence South 17°04'48' East 153.061 feet to a point on a 370.000 foot radius non tangent curve to the right, (radius bears North 43°06'10' West, Chord: South 58°29'25' West 148.710 feet); thence along the arc of said curve 149.730 feet through a central angle of 23°11'10'; thence South 70°05'00' West 303.339 feet to a point on a 600.000 foot radius tangent curve to the left, (radius bears South 19°55'00' East, Chord: South 67°37'08' West 51.603 feet); thence along the arc of said curve 51.618 feet through a central angle of 04°55'45'; thence South 23°33'25' East 85.025 feet to a point on a 515.000 foot radius non tangent curve to the right, (radius bears South 25°03'31' East, Chord: North 67°30'45' East 46.203 feet); thence along the arc of said curve 46.218 feet through a central angle of 05°08'31'; thence North 70°05'00' East 303.339 feet to a point on a 455.000 foot radius tangent curve to the left, (radius bears North 19°55'00' West, Chord: North 54°52'59' East 238.598 feet); thence A-6 4854-9140-0599, v. 3 along the arc of said curve 241.420 feet through a central angle of 30°24'03'; thence South 50°19'02' East 65.000 feet; thence South 44°55'57' East 59.482 feet to a point on a 445.000 foot radius tangent curve to the left, (radius bears North 45°04'03' East, Chord: South 59°50'49' East 229.064 feet); thence along the arc of said curve 231.671 feet through a central angle of 29°49'43'; thence South 74°45'41' East 175.572 feet to a point on a 445.000 foot radius tangent curve to the left, (radius bears North 15°14'19' East, Chord: South 78°21'39' East 55.877 feet); thence along the arc of said curve 55.914 feet through a central angle of 07°11'57'; thence South 81°57'38' East 427.320 feet to the point of beginning. Property contains 131.888 acres. B-
Notice of Special Accommodations (ADA)
The District complies with the Americans with Disabilities Act by providing accommodations and auxiliary communicative aids and services for all those in need of assistance. Persons requesting these accommodations for public meetings should call Jennifer Gowans at 435-628-3688 at least 24 hours before the meeting.
Notice of Electronic or Telephone Participation
Unless otherwise noted in the posted Agenda, meetings of the Board of Trustees will be held in person. For meetings held via videoconferencing or telephonic communication Trustees and other meeting participants and attendees will be able to participate remotely. Persons requesting video conference or telephonic accommodations for public meetings should call Jennifer Gowans at 435-628-3688 to make arrangements.

Meeting Information

Meeting Location
912 W. 1600 S., SUITE B-200,
St. George, UT 84770
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Contact Name
Michael Jensen
Contact Email
mjensen@snowjensen.com
Contact Phone
4356283688

Notice Posting Details

Notice Posted On
April 24, 2024 05:09 PM
Notice Last Edited On
April 24, 2024 05:09 PM

Download Attachments

Download Attachments
File Name Category Date Added
03 - Designation Resolution.pdf Public Information Handout 2024/04/24 05:09 PM

Board/Committee Contacts

Board/Committee Contacts
Member Email Phone
Gary Langston gary@thirdcadence.com 8019137016
Scott Kaufmann scott@thirdcadence.com 8015547255
Rachel McIllece rachel@thirdcadence.com 8015414431
Kevin Anglesey kevina@ivoryhomes.com 8015209152
Peter Gamvroulas peterg@ivoryhomes.com 8018425714
Ty McCutcheon ty@thirdcadence.com 8012439697

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