Document Douglas_doc_f17f97d062

ORDINANCE NO. 962 Page 1 of 63 ORDINANCE NO. 962 AN ORDINANCE ANNEXING TO THE CITY OF DOUGLAS, WYOMING, CERTAIN PROPERTIES KNOWN AS SEVEN TRAILS ADDITION AND SEVEN TRAILS COMMERCE CENTER, INCLUDING SAID LAND WITHIN THE CORPORATE LIMITS OF THE CITY, AND ESTABLISHING ZONING CLASSIFICATIONS FOR SAID PROPERTIES WHEREAS, Wagonhound Land & Livestock Company, LLC, a Wyoming limited liability company, and Western Equity, LLC a Wyoming limited liability company have applied to annex twelve hundred eighty-three (1,283) acres, more or less, referred to as the Seven Trails Addition, located in five separate parcels, Converse County, Wyoming, being more specifically described in Exhibit A attached hereto (the “Property”); and WHEREAS, the applicant has applied to zone those portions of the Property located west of Interstate 25 as Mixed Use-Planned Unit Development as set forth in Section 18.36.010 of the Douglas, Wyoming, Code of Ordinances (the “Code”), as amended pursuant to the terms of the annexation agreement attached hereto as Exhibit B (the “Annexation Agreement”); and WHEREAS, the applicant has applied to zone those portions of the Property located east of Interstate 25 as B-2 General Business Zone as set forth in Section 18.60.010 of the Code, as amended pursuant to the terms of the Annexation Agreement; and WHEREAS, a petition requesting annexation has been signed by a majority of landowners owning a majority of the area sought to be annexed and submitted said petition to the City of Douglas for approval pursuant to Section 15-1-403 of the Wyoming State Statutes, as amended; and WHEREAS, an annexation report has been completed in accordance of Section 15-1-402 of the Wyoming State Statutes, as amended; and WHEREAS, the City of Douglas Planning and Zoning Commission recommended that the City Council for the City of Douglas, Wyoming approve the annexation and the zoning of the Property as described above following a public hearing on January 19, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DOUGLAS, WYOMING, that: Section 1 The annexation of Property is hereby approved in accordance with Wyoming State Statues Sections 15-1-401 through 15-1-422, 2003 Edition, as amended, and the City of Douglas, Wyoming Municipal Code Title 16 – Annexations and the Property is hereby included within the corporate limits of the City of Douglas and all rights, privileges and duties pertaining to such inclusion shall apply to said development. Section 2 The Annexation Agreement is hereby approved, and the Mayor of the City of Douglas, Wyoming is hereby authorized and directed to enter into the Annexation Agreement generally in the form attached hereto as Exhibit B and the City Clerk for the City of Douglas, Wyoming is hereby authorized and directed to attest said Annexation Agreement. Section 3 The portion of the Property located west of Interstate-25 is hereby zoned Mixed Use-Planned Unit Development as set forth in Section 18.36.010 of the Code as amended by the terms of the Annexation Agreement, and the portion of the Property located east of Interstate-25 is hereby zoned B-2 General Business Zone as set forth in Section 18.60.010 of the Code as amended by pursuant the terms of the Annexation Agreement. Section 4 The City’s zoning maps shall be amended to reflect the zoning of the Property as set forth above. ---PAGE BREAK--- ORDINANCE NO. 962 Page 2 of 63 Section 5 This ordinance shall, pursuant to Wyoming State Statues Section 15-1-408, be in full force and effect on the 21st business day following third reading approval by the City Council of the City of Douglas, Wyoming and following publication. PASSED AND APPROVED ON FIRST READING this 26th day of January, 2015. PASSED AND APPROVED ON SECOND READING this day of 2015. PASSED, APPROVED, AND ADOPTED ON THIRD AND FINAL READING this day of Bruce Jones, Mayor Attest: Karen Rimmer, City Clerk Published: ATTESTATION I, Karen Rimmer, the Clerk of the City of Douglas, Wyoming, do hereby attest and state that the above ordinance was published/posted in the manner required by law and that all procedures required by Wyoming State law were complied with. Karen Rimmer, City Clerk 13 March ---PAGE BREAK--- ORDINANCE NO. 962 Page 3 of 63 EXHIBIT A to ORDINANCE NO. 962 The Property THE PROPERTY CONSISTS OF THE FOLLOWING FIVE PARCELS. PARCEL 1 A PORTION OF SECTIONS 11, 12 AND 13, TOWNSHIP 32 NORTH, RANGE 72 WEST AND SECTIONS 6, 7 AND 18, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 11, TOWNSHIP 32 NORTH, RANGE 72 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING; THENCE ALONG THE SOUTH LINE OF SAID SECTION 11, SOUTH 87°14'15” WEST, 1415.88 FEET TO THE SOUTHWEST CORNER OF THE E 1/2 OF THE SE 1/4 OF SAID SECTION 11; THENCE ALONG THE WEST LINE OF SAID E 1/2 OF THE SE 1/4, NORTH 00°03'19” WEST, 2649.45 FEET TO THE CENTER EAST 1/16 CORNER OF SAID SECTION 11; THENCE ALONG THE NORTH LINE OF SAID E 1/2 OF THE SE 1/4, NORTH 86°48'02” EAST, 1413.86 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 11; THENCE ALONG THE EAST LINE OF THE NE 1/4 OF SAID SECTION 11, NORTH 00°07'13” WEST, 1307.66 FEET; THENCE DEPARTING SAID EAST LINE, SOUTH 66°27'56” EAST, 326.00 FEET; THENCE SOUTH 66°03'47” EAST, 479.30 FEET; THENCE NORTH 51°10'26” EAST, 1097.11 FEET; THENCE SOUTH 86°59'17” EAST, 1006.81 FEET TO A POINT ON THE WEST LINE OF THE NE 1/4 OF SECTION 12, TOWNSHIP 32 NORTH, RANGE 72 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING; THENCE ALONG SAID WEST LINE, NORTH 00°45'30” WEST, 763.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WYOMING STATE HIGHWAY 91 (ALSO KNOWN AS COLD SPRINGS ROAD); THENCE DEPARTING SAID WEST LINE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 60°19'31” EAST, 13.88 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING EIGHT COURSES: 1) SOUTH 30°48'11” EAST, 430.67 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 3474.27 FEET; 2) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 53°29'01” EAST FOR A CHORD LENGTH OF 2699.97 FEET, THROUGH A CENTRAL ANGLE OF 45°43'51”, AN ARC LENGTH OF 2772.99 FEET; 3) THENCE SOUTH 66°31'57” EAST, 357.14 FEET; 4) THENCE SOUTH 66°35'23” EAST, 268.17 FEET; 5) THENCE SOUTH 50°40'33” EAST, 758.02 FEET; 6) THENCE SOUTH 67°29'55” EAST, 443.33 FEET; 7) THENCE NORTH 89°03'50” EAST, 803.37 FEET; 8) THENCE SOUTH 77°19'00” EAST, 221.26 FEET, TO THE MOST NORTHWESTERLY CORNER OF “TRAILS WEST ADDITION NO. 2” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 152; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALONG THE BOUNDARY OF SAID “TRAILS WEST ADDITION NO. THE FOLLOWING SIX COURSES: 1) SOUTH 42°38'59” WEST, 382.81 FEET; ---PAGE BREAK--- ORDINANCE NO. 962 Page 4 of 63 2) THENCE SOUTH 89°57'21” WEST, 55.79 FEET; 3) THENCE SOUTH 00°15'07” EAST, 2055.76 FEET; 4) THENCE SOUTH 89°50'05” WEST, 133.75 FEET; 5) THENCE SOUTH 00°15'50” EAST, 1074.31 FEET; 6) THENCE NORTH 68°41'27” EAST, 820.06 FEET TO A POINT ON THE WEST LINE OF “OPEN LOCK RANCH ESTATES” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 68; THENCE CONTINUING ALONG THE BOUNDARY OF “TRAILS WEST ADDITION NO. 2” AND ALONG SAID WEST LINE “OPEN LOCK RANCH ESTATES”, NORTH 00°38'45” WEST, 285.10 FEET; THENCE DEPARTING SAID BOUNDARY OF “TRAILS WEST ADDITION NO. 2” AND ALONG THE NORTH LINE OF “OPEN LOCK RANCH ESTATES”, NORTH 89°45'29” EAST, 850.03 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ESTERBROOK ROAD (150 FOOT WIDE PUBLIC RIGHT-OF-WAY); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES: 1) SOUTH 00°11'53” EAST, 157.71 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 2895.05 FEET; 2) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE EASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 04°40'27” EAST FOR A CHORD LENGTH OF 451.89 FEET, THROUGH A CENTRAL ANGLE OF 08°57'09”, AN ARC LENGTH OF 452.35 FEET; 3) THENCE SOUTH 09°01'32” EAST, 1306.27 FEET TO A POINT ON THE SOUTH LINE OF THE NE 1/4 OF SECTION 18, TOWNSHIP 32 NORTH, RANGE 71 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID SOUTH LINE, SOUTH 89°50'24” WEST, 2478.86 FEET TO THE SOUTHWEST CORNER OF SAID NE 1/4 OF SECTION 18; THENCE ALONG THE SOUTH LINE OF THE NW 1/4 OF SAID SECTION 18, SOUTH 89°52'12” WEST, 1240.60 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 18; THENCE ALONG THE WEST LINE OF THE SW 1/4 OF SAID SECTION 18, SOUTH 00°20'21” WEST, 288.81 FEET TO THE NORTHEAST CORNER OF “RIDGEWATER ESTATES ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 1, SLIDE 168; THENCE ALONG THE BOUNDARY OF SAID “RIDGEWATER ESTATES THE FOLLOWING FIVE COURSES: 1) SOUTH 65°56'14” WEST, 1476.87 FEET; 2) THENCE SOUTH 65°53'38” WEST, 188.95 FEET; 3) THENCE SOUTH 59°33'30” WEST, 359.14 FEET; 4) THENCE SOUTH 25°24'34” WEST, 506.28 FEET; 5) THENCE SOUTH 14°37'42” EAST, 135.92 FEET TO A POINT ON THE BOUNDARY OF “RIDGEWATER ESTATES ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 2, SLIDE 45; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR COURSES: 1) NORTH 66°07'20” WEST, 386.91 FEET; 2) THENCE SOUTH 40°49'34” WEST, 418.95 FEET; 3) THENCE SOUTH 51°35'08” WEST, 572.27 FEET; 4) THENCE SOUTH 12°51'40” WEST, 365.01 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF RIDGEWATER ROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89°45'13” WEST, 66.95 FEET TO A POINT ON THE EASTERLY BOUNDARY OF “RIDGEWATER ESTATES ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 1, SLIDE 170; THENCE ALONG SAID EAST BOUNDARY, NORTH 00°13'32” WEST, 407.61 FEET; THENCE DEPARTING SAID EAST BOUNDARY, NORTH 51°19'12” EAST, 695.89 FEET; THENCE SOUTH 89°38'03” WEST, 525.33 FEET TO A POINT ON THE AFOREMENTIONED EAST BOUNDARY OF “RIDGEWATER ESTATES ---PAGE BREAK--- ORDINANCE NO. 962 Page 5 of 63 THENCE ALONG SAID EAST BOUNDARY AND ALONG THE EAST BOUNDARY OF “PAQUETTE SUBDIVISION” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 179, NORTH 00°14'23” WEST, 977.44 FEET TO THE NORTHEAST CORNER OF SAID “PAQUETTE SUBDIVISION” AND TO A POINT ON THE SOUTHERLY BOUNDARY OF “LAKEVIEW MAJOR LAND DIVISION” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 4, SLIDE 1; THENCE ALONG THE BOUNDARY OF SAID “LAKEVIEW MAJOR LAND DIVISION” THE FOLLOWING THREE COURSES: 1) NORTH 89°49'05” EAST, 275.45 FEET; 2) THENCE NORTH 67°47'00” EAST, 1100.57 FEET; 3) THENCE NORTH 07°43'45” EAST, 372.26 FEET, TO A POINT ON THE SOUTH LINE OF THE W 1/2 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 32 NORTH, RANGE 72 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING; THENCE CONTINUING ALONG SAID BOUNDARY LINE AND SAID SOUTH LINE, SOUTH 89°43'46” WEST, 763.69 FEET TO THE CENTER 1/4 CORNER OF SAID SECTION 13; THENCE ALONG SAID SOUTH LINE AND BOUNDARY LINE AND THE WESTERLY PROJECTION THEREOF, SOUTH 89°44'07” WEST, 2646.56 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE ALONG THE WEST LINE OF THE NW 1/4 OF SECTION 13, NORTH 00°31'15” EAST, 2633.62 FEET TO THE POINT OF BEGINNING. CONTAINING: 1228.533 ACRES OF LAND. PARCEL 2 THAT PORTION OF THE NE 1/4 OF SECTION 18, TOWNSHIP 32 NORTH, RANGE 71 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF “TRAILS WEST ADDITION TO THE CITY OF DOUGLAS” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 150, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF ESTERBROOK ROAD (150 FOOT WIDE PUBLIC RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 00°15'15” EAST, 315.15 FEET, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LANDS CONVEYED BY DEED, BOOK 1191, PAGE 77 ON SAID COUNTY CLERK AND RECORDER'S OFFICE; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE NORTH LINE OF SAID LANDS CONVEYED BY DEED, BOOK 1191, PAGE 77, SOUTH 89°45'37” WEST, 589.96 FEET TO THE NORTHWEST CORNER OF SAID LANDS CONVEYED BY DEED, BOOK 1191, PAGE 77; THENCE ALONG THE WEST LINE OF SAID LANDS CONVEYED BY DEED, BOOK 1191, PAGE 77, SOUTH 00°18'54” EAST, 120.01 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89°45'06” WEST, 260.12 FEET TO A POINT ON THE EASTERLY LINE OF “TRAILS WEST ADDITION NO. 2” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 152; THENCE ALONG SAID EASTERLY LINE, NORTH 00°14'58” WEST, 434.82 FEET TO A POINT ON THE SOUTHERLY LINE OF AFOREMENTIONED “TRAILS WEST ADDITION TO THE CITY OF DOUGLAS”; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°44'06” EAST, 849.92 FEET TO THE POINT OF BEGINNING. CONTAINING: 6.862 ACRES OF LAND. PARCEL 3 A TRACT OF LAND LYING IN THE SE 1/4 SE 1/4 OF SECTION 6 AND LYING IN THE NE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING; ---PAGE BREAK--- ORDINANCE NO. 962 Page 6 of 63 THENCE NORTH 39°48'08" WEST, A DISTANCE OF 429.15 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 59, SAID POINT IS ALSO THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES: 1) THENCE SOUTH 00°16'014" EAST, A DISTANCE OF 762.50 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 11659.16 FEET; 2) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE EASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 00°45'01" EAST FOR A CHORD LENGTH OF 191.32 FEET, THROUGH A CENTRAL ANGLE OF 00°56'25", AN ARC LENGTH OF 191.32 FEET; 3) THENCE NORTH 88°41'02" EAST A DISTANCE OF 99.97 FEET, TO THE BEGINNING OF A NON TANGENT CURVE HAVING A RADIUS OF 11559.16 FEET; 4) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE EASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 01°19'41" EAST FOR A CHORD LENGTH OF 40.01 FEET, THROUGH A CENTRAL ANGLE OF 00°11'54", AN ARC LENGTH OF 40.01 FEET; 5) THENCE SOUTH 88°39'40" WEST, A DISTANCE OF 100.02 FEET; 6) THENCE SOUTH 01°38'27" EAST, A DISTANCE OF 100.02 FEET; 7) THENCE NORTH 88°39'54" EAST, A DISTANCE OF 100.08 FEET, TO THE BEGINNING OF A NON TANGENT CURVE HAVING A RADIUS OF 11559.16 FEET; 8) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE EASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 02°27'08' EAST FOR A CHORD LENGTH OF 213.56 FEET, THROUGH A CENTRAL ANGLE OF 01°03'31", AN ARC LENGTH OF 213.56 FEET; 9) THENCE SOUTH 02°57'33" EAST, A DISTANCE OF 325.87 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 93; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89°39'27" WEST, A DISTANCE OF 888.12 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 00°15'48" EAST, A DISTANCE OF 1634.26 FEET; THENCE NORTH 89°53'47" EAST, A DISTANCE OF 744.77 FEET TO THE POINT OF BEGINNING. CONTAINING: 29.732 ACRES PARCEL 4 A TRACT OF LAND LYING IN THE S 1/2 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT THE NORTHEAST CORNER OF THE SE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING; THENCE SOUTH 18°36'22" WEST A DISTANCE OF 300.92 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 87 BUSINESS, SAID POINT IS ALSO THE POINT OF BEGINNING; THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, SOUTH 58°43'58" WEST, A DISTANCE OF 983.17 FEET; THENCE DEPARTING SAID NORTHWESTERLY RIGHT-OF-WAY LINE, NORTH 00°09'54" EAST, A DISTANCE OF 668.12 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 93; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING FOUR COURSES: THENCE NORTH 00°28'33" WEST, A DISTANCE OF 38.90 FEET; THENCE NORTH 89°43'40" EAST, A DISTANCE OF 495.87 FEET; THENCE SOUTH 00°29'00" EAST, A DISTANCE OF 12.56 FEET TO THE BEGINNING OF A NON TANGENT CURVE HAVING A RADIUS OF 402.50 FEET; THENCE CURVING TO THE RIGHT ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 61°26'32" EAST FOR A ---PAGE BREAK--- ORDINANCE NO. 962 Page 7 of 63 CHORD LENGTH OF 390.33 FEET, THROUGH A CENTRAL ANGLE OF 58°00'36", AN ARC LENGTH OF 407.52 FEET TO THE POINT OF BEGINNING. CONTAINING: 8.208 ACRES PARCEL 5 A TRACT OF LAND LYING IN THE S 1/2 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT THE NORTHEAST CORNER OF THE SE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING; THENCE SOUTH 82°49'41" WEST A DISTANCE OF 1598.41 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 93, SAID POINT IS ALSO THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES: 1) THENCE NORTH 80°08'45" EAST A DISTANCE OF 262.06 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 1809.90 FEET; 2) THENCE CURVING TO THE RIGHT ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHERLY, THE CHORD OF SAID CURVE BEARS NORTH 84°58'39" EAST FOR A CHORD LENGTH OF 294.39 FEET, THROUGH A CENTRAL ANGLE OF 09°19'47", AN ARC LENGTH OF 294.71 FEET; 3) THENCE NORTH 89°03'15" EAST, A DISTANCE OF 99.97 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 00°09'54" WEST, A DISTANCE OF 668.12 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF LINE OF INTERSTATE 87 BUSINESS; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING 3 COURSES: 1) THENCE SOUTH 58°43'58" WEST, A DISTANCE OF 154.50 FEET; 2) THENCE NORTH 32°06'38" WEST A DISTANCE OF 149.64 FEET; 3) THENCE SOUTH 72°38'24" WEST, A DISTANCE OF 456.48 FEET; THENCE DEPARTING SAID NORTHWESTERLY RIGHT-OF-WAY LINE NORTH 00°11'14" WEST, A DISTANCE OF 685.58 FEET, TO THE POINT OF BEGINNING. CONTAINING: 9.964 ACRES ---PAGE BREAK--- ORDINANCE NO. 962 Page 8 of 63 EXHIBIT B to ORDINANCE NO. 962 The Annexation Agreement SEVEN TRAILS ANNEXATION AGREEMENT This Annexation Agreement (this “Agreement”), dated this day of 2015 (the “Agreement Date”), is made by and among, and for the mutual benefit of, Wagonhound Land & Livestock Company, LLC, a Wyoming limited liability company and Western Equity, LLC, a Wyoming limited liability company (collectively, “Annexor”) and the City of Douglas, Wyoming (the “City”). RECITALS A. Annexor owns the real property described on Exhibit A (the “Property”). B. Annexor wishes to annex to the City for benefits accrued from becoming a part of the City, and the City wishes to annex the Property, for the purpose of providing for the health, safety, welfare and enjoyment of those persons residing within, or providing commercial activity within, the Property. C. On 2015 (the “Third Reading Date”), the City adopted ORDINANCE NO. 962 thereby: annexing the Property to the City, (ii) zoning the portion of the Property located west of I-25 “Mixed Use-Planned Unit Development” as set forth in Section 18.36.010 of the Code (as such term is defined below), as modified pursuant to the terms of this Agreement, and (iii) zoning the portion of the Property located east of I-25 “B-2 General Business Zone” as set forth in Section 18.60.010 of the Code (as such term is defined below), as modified pursuant to the terms of this Agreement. D. For purposes of this Agreement the term “Code” shall mean the Douglas, Wyoming, Code of Ordinances in effect as of the Third Reading Date. E. The City and Annexor agreed the effectiveness of the annexation of the Property to the City is conditioned upon the City and Annexor entering into this Agreement. F. The City and Annexor now desire to enter into this Agreement. ---PAGE BREAK--- ORDINANCE NO. 962 Page 9 of 63 AGREEMENT NOW, THEREFORE, in consideration of the premises, the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of Annexor and the City, Annexor and the City agree as follows: SECTION I The recitals above are hereby incorporated into this Agreement. The City and Annexor hereby acknowledge that: the Property has been annexed to the City, the Property located west of I-25 is zoned “Mixed Use-Planned Unit Development” as set forth in Section 18.36.010 of the Code, as modified pursuant to the terms of this Agreement, and the portion of the Property located east of I- 25 is zoned “B-2 General Business Zone” as set forth in Section 18.60.010 of the Code, as modified pursuant to the terms of this Agreement. SECTION II Eight Percent Requirement. Section 16.08.045A.3.b of the Code requires that eight percent of the land annexed to the City be donated to the City, unless certain other arrangements acceptable to the City and the applicant are made (the Requirement”). Annexor proposes twelve hundred eighty-three (1,283) acres be annexed to the City. Accordingly, the 8% Requirement is a requirement that one hundred two and sixty-four hundredths (102.64) acres be donated to the City (the “Total Dedication Requirement”). The areas depicted generally as “Potential Open Space” on Exhibit D contain approximately one hundred twenty (120) acres. For the purposes of this Agreement, the term “Donated Open Space” shall mean those portions of the Property depicted generally as “Potential Open Space” on Exhibit D that Annexor has donated to the City together with those other portions of the Property that Annexor has donated to the City and that Annexor and the City mutually agree should be considered part of the Donated Open Space. Unless otherwise agreed by the City, if by the date that is ten (10) years after the Agreement Date, the number of acres of Donated Open Space is less than fifty percent (50%) of the Total Dedication Requirement less than fifty one and thirty-two hundredths (51.32) acres), then Annexor shall donate or dedicate to the City additional Donated Open Space such that the number of acres of Donated Open Space is not less than fifty percent (50%) of the Total Dedication Requirement fifty one and thirty-two hundredths (51.32) acres). (ii) Unless otherwise agreed by the City, if by the date that is twenty (20) years after the Agreement Date, the sum of the number of acres of Donated Open Space is less than one hundred ---PAGE BREAK--- ORDINANCE NO. 962 Page 10 of 63 percent (100%) of the Total Dedication Requirement less than one hundred two and sixty-four hundredths (102.64) acres), then: the Total Dedication Requirement shall be modified such that it is equal to the sum of: the number of acres within the Property that is then-included within a final plat recorded in the official real property records of the County (a “Recorded Final Plat”), plus the number of acres of Donated Open Space that is not included within a Recorded Final Plat, and Annexor shall donate or dedicate to the City Donated Open Space such that the number of acres of Donated Open Space is not less than one hundred percent (100%) of the Total Dedication Requirement as modified pursuant to Section II(A)(ii)(a). (iii) Notwithstanding any other provision herein, Annexor shall be permitted to modify the boundaries of any Potential Open Space parcels donated or dedicated to the City upon plat approval. Upon donation or dedication to the City of any portions of the “Potential Open Space”, the City shall accept the same subject to all encumbrances and exceptions thereon and the deed restrictions set forth on Exhibit H (the “Deed Restrictions”). Additional Open Space, Parks and Trails. Subject to the provisions of this Agreement, Annexor shall dedicate to the City the fee interest in those portions of the Property upon which the Regional Community Park is to be located as such area is depicted generally on the map included as part of Exhibit B (the Dedication, Construction and Maintenance Matrix or “DCM Matrix”). Unless otherwise agreed by the City, Annexor shall dedicate to the City such fee interest in the Regional Community Park upon recordation of the first final plat of land adjacent thereto. Notwithstanding any other provision of herein, Annexor shall be permitted to modify the boundaries of the Regional Community Park upon plat approval. (ii) Subject to the provisions of this Agreement, Annexor shall dedicate to the City easements over, or the fee interest in, portions of the Property to accommodate the use, maintenance, repair, and replacement of: the public multi-use, hard surface trails depicted generally on the map included as part of the DCM Matrix, and any other multi-use, hard surface trails constructed within the Property and intended by Annexor for public use (collectively, the “Multi-use, Hard Surface Trails”) and associated enhancements thereto. Unless otherwise agreed by the City, Annexor shall dedicate to the City such easements or fee interests for any segment of Multi-use, Hard Surface Trails upon recordation of a final plat that includes such segment. The specific locations of each segment of the Multi-use, Hard Surface Trails shall be proposed by Annexor upon plat approval, and may vary from the ---PAGE BREAK--- ORDINANCE NO. 962 Page 11 of 63 locations thereof depicted generally on the DCM Matrix, on the condition that the connectivity of the system of Multi-use, Hard Surface Trails depicted generally on the DCM Matrix is not materially and adversely affected. Easements or fee interests dedicated for each segment of Multi-use, Hard Surface Trails shall be twenty (20) feet wide, unless the City and Annexor agree that conditions justify a narrower width with respect to such segment. (iii) Subject to the provisions of this Agreement, Annexor shall install trail, park, turf, landscaping and other public improvements on the Property, including but not limited to shelters, play equipment, aesthetic areas/features, signs and waste receptacles, in accordance with the requirements of the DCM Matrix. Maintenance. Maintenance of public trails and associated enhancements thereto, the public parks and associated enhancements thereto, and the other turf, landscaping and the public improvements listed in DCM Matrix shall be maintained by the entity identified with respect thereto in the DCM Matrix. Recreation Center. The City acknowledges that Annexor has proposed to donate to Converse County, Wyoming (the “County”) that portion of the Property generally depicted on the first page of Exhibit C as the “Recreation Center” parcel solely for the purposes of locating the proposed City of Douglas Recreation Center thereon. Annexor shall not be required to donate such parcel except pursuant to the terms of a written agreement between Annexor and the County. The terms and conditions of such agreement shall be determined solely by Annexor and the County. Fire Station. The Annexor agrees it shall donate to the Converse County Fire Suppression Authority (the “Authority”) a portion of the Property in size (not larger than five acres) and at a location mutually agreeable to Annexor and the Authority for the construction of a satellite fire station to improve fire protection services to the Property and other residents and property owners within the County. Annexor shall donate the parcel on or before the time necessary for the Authority to provide to the Property at least the same level of service as the Authority provides generally throughout its service area and upon such terms and conditions as determined solely by Annexor and the Authority. Subdivision Regulations. Annexor hereby agrees to abide by all City of Douglas subdivision and development regulations, and to construct all public alleys, streets, traffic controls, sidewalks, water and sewer facilities and, rainwater/snowmelt management facilities within the Property to City specifications, except as modified by this Agreement. ---PAGE BREAK--- ORDINANCE NO. 962 Page 12 of 63 Water and Sewer Lines. Annexor shall provide all water and sewer lines and support facilities, including but not limited to, booster stations, lift stations, and storage facilities, but excluding treatment facilities, required to deliver water to and convey sewage effluent from the Property to the extent necessary to serve development on and the use of the Property. Annexor shall not be required to construct or install water or sewer lines, lift stations, storage facilities or other support facilities, to serve property other than the Property annexed or that are larger or more extensive than that necessary to serve the development Annexor is then-currently proposing pursuant to a plat or site development plan upon the Property. Annexor agrees to abide by State of Wyoming, Department of Environmental Quality regulations regarding approval on construction plans for water and sewer mains and facilities, and obtain all necessary permits prior to beginning construction. Inspections. Annexor agrees to call for and provide inspections during construction of, and upon completion of, all public improvements to be constructed by Annexor, to the extent required by the Code. Subsequent to inspection, and provided no discrepancies are found, the Annexor agrees to maintain, repair, correct and keep all public improvements in full operating order at Annexor’s own expense for a period of one year. Storm Water. Annexor agrees to provide for storm drainage and storm water diversion and retention through and within the Property but only to the extent needed to accommodate development on and use of the Property. Notwithstanding the forgoing, Annexor may not interrupt historic flows of storm water through the Property originating from outside the Property unless Annexor provides for storm drainage or storm water diversion and retention through and within the Property with respect thereto. Pollution Control. Annexor agrees to meet Local, State and Federal requirements as outlined by the State of Wyoming, Department of Environmental Quality and the Code for trash control and the stabilization and abatement of blowing dust and air pollution related problems. SECTION III Acceptance. The City shall accept all roads, streets, alleys, drives, lanes, and similar passageways, together with improvements related thereto, offered for dedication to the City if the same are constructed in accordance with: the street cross-sections and standards in Exhibit E as the same may be modified by Section 4.b. of Exhibit F, Section 4.c. of Exhibit F, and/or other provisions of this Agreement and the City’s pavement standards, the standards set forth in the Code, or other standards as may be ---PAGE BREAK--- ORDINANCE NO. 962 Page 13 of 63 acceptable in writing to both the Annexor and the City. The City, after the one (1)-year guarantee period specified in Section 17.16.050 of the Code, and following inspection and approval, shall accept all public improvements and utilities. The City shall accept all other property and improvements donated or dedicated to the City by Annexor in accordance with the requirements of the DCM Matrix. Except as set forth otherwise in this Agreement, the City may, but is not obligated to, accept any property or improvement that is donated or dedicated to the public if it determines that the property or improvement serves the interests of the residents of the City. Construction and Maintenance. Subject to the provisions of this Agreement, within sixty (60) days after the City accepts any portion of the Property donated or dedicated to the City upon which the City is to install improvements pursuant to the DCM Matrix (“City Property”), the City shall include on its official capital improvements priority list (the “CIP List”) those improvements to be installed on or under such City Property in accordance with this Agreement (“City Improvements”), unless such improvements have already been included on the CIP List, and shall complete installation of such improvements within twenty-four (24) months after the City’s acceptance of such dedication. If during the twenty-four (24)- month period applicable to any parcel of City Property, repairs and/or replacements to then-existing capital improvements forming a part of the City’s water and/or sewer facilities or bridge facilities become necessary to preserve the health and safety of City residents (“Emergency Improvements”) and the need for such repairs and/or replacements was not reasonably foreseeable at the commencement of such twenty-four (24)-month period, then the City: may reallocate funds previously intended to be used for installation of the City Improvements to be installed on or under such parcel of City Property to instead be used to complete such Emergency Improvements, but only after the City has reallocated all other funds possible to complete such Emergency Improvements, and may extend the time for completion of such City Improvements but only for the amount of such time reasonably necessary to complete such City Improvements given such reallocation of funds. (ii) The City Improvements (to be installed by the City) for the Regional Community Park (as such area is described generally on the DCM Matrix) shall consist of those specific improvements mutually-acceptable to the City and Annexor, which may include, without limitation, shelters, play equipment, athletic play fields, landscaping and other aesthetic areas/features, signs, benches, waste receptacles and other site furnishings, parking facilities, restroom facilities, utilities and such other improvements as the City and Annexor may agree. Notwithstanding the foregoing, the City ---PAGE BREAK--- ORDINANCE NO. 962 Page 14 of 63 shall be required expend for City Improvements for the Regional Community Park at least the amount of funds equal to the product of: the amount of funds that would be required to install, as new, those improvements currently within and under any other City-owned park selected by Annexor, multiplied by a fraction, the numerator of which is the number of acres with such other City-owned park, and the denominator of which is the number of acres within the Regional Community Park. (iii) The City Improvements (to be installed by the City) for the Potential Open Space areas dedicated or donated to the City shall consist of parking facilities, trailhead facilities, signage, waste receptacles, overlooks and shelters, as necessary to satisfy the reasonable needs of individuals expected to access such Potential Open Space areas; provided, that the specific improvements for any Potential Open Space area shall be subject to mutual agreement of the City and Annexor. (iv) Notwithstanding the foregoing, Annexor may install improvements on City Property upon approval by the City. The City shall provide all maintenance, repair and replacements for property dedicated or donated and accepted by the City to include such items as alleys, streets, traffic controls, parkland improvements, Multi-Use, Hard Surface Trails, City Property, stormwater management facilities, water mains and support facilities, and sewer mains and support facilities, and other property dedicated to the City in accordance with the requirements of the DCM Matrix, and all improvements thereon and thereunder, with the exception that the City shall not be required to provide snow removal in alleys, and the City shall not be required to provide maintenance, repair and replacement of monuments and improvements within medians and tree lawns within street rights-of-way, including without limitation landscaping and irrigation therefor, that are installed by Annexor, a District, or any owners association (in accordance with the DCM Matrix). The City hereby grants a license to Annexor and its designees to perform snow removal in alleys within the Property, and hereby grants a license to Annexor, each District, and each owners association installing such monuments and improvements to install, operate, maintain, repair and replace such monuments and improvements. Municipal Services. The City shall provide all basic municipal responsibilities as outlined in state statutes and local ordinances, and shall be required to provide these services on the same level as is required of the City in any other incorporated area within the City limits, unless modified by this Agreement, an adopted PUD Master Plan submitted by Annexor and approved by the City, or any other amendment approved by the City and Annexor in writing. Without limiting the generality of the ---PAGE BREAK--- ORDINANCE NO. 962 Page 15 of 63 foregoing, and in addition to the foregoing, the City shall have the responsibility and obligation to provide all municipal services to the Property and the improvements, other property, and persons thereon on an equivalent basis to those provided to any other area of the City on a uniform and non- discriminatory basis, including, without limitation the removal of snow on public streets other than alleys, road maintenance, police and fire protection, building code enforcement, maintenance of public facilities and other administrative and utility services provided by the City. (ii) The City shall make available to Annexor water and sewer taps on a uniform non- discriminatory basis as the City offers to other potential users within the City. Annexor shall be permitted to transfer water and sewer taps from one lot/development or any other lot/development, as Annexor deems necessary from time to time, without fee or penalty other than fees charged pursuant to the Code, as the same may be amended from time to time, including without limitation the amount by which the tap fees for the lot/development to which the taps are transferred exceeds the amount of tap fees for the lot/development from which the taps are transferred. Oversizing. If in connection with Annexor’s construction of public utility lines or related facilities needed to serve Annexor’s development of the Property, the City requests or requires such lines public or facilities be constructed larger or more extensive than necessary to serve Annexor’s proposed development, then the City shall pay all incremental costs, expenses and fees for the oversizing of such public lines or facilities, including without limitation those incremental costs relating to materials, labor, relocation, condemnation and other associated costs, expenses and fees, based upon an actual cost breakdown provided by the Annexor. The costs, expenses and fees of providing such breakdown shall be deemed incremental costs, expenses and fees for purposes of this Section III(D). Irrigation. Annexor may irrigate crops on the Property with water from any source, including without limitation non-potable water; however, the City shall not allow water used for irrigation of crops on the Property to come from the City’s central water or other facilities. Parks, fields, landscaping, and open space within the Property may be irrigated and maintained with water from any source, including without limitation non-potable water. City Plans. Proposed projects consistent with this Agreement shall be deemed consistent with the June 2014 Douglas Master Plan as of the date of adoption and all other land use and other master plans adopted by the City. Notwithstanding the foregoing, and as set forth in Section IV(E) below, proposed projects shall comply with City regulations of general applicability that address health and ---PAGE BREAK--- ORDINANCE NO. 962 Page 16 of 63 safety concerns (including building, fire, plumbing, electrical, mechanical, and other life safety codes that are adopted by the City) including those that are adopted by the City after the date of this Agreement. (ii) Notwithstanding any provision herein or in the Code: utility lines and facilities located under Interstate 25 need not be installed beneath hard-surfaced areas, a gravel surface (of depth consistent with the City’s standards and past practices) shall be deemed a “hard-surface area” for purposes of Section 17.08.070(B)(2) of the Code and all similar, related or replacement sections of the Code and other City regulations, and shall otherwise be deemed a sufficient surface under which underground utility lines and facilities may be located, the City, in its discretion, may allow underground utility lines and facilities to be located beneath areas other than hard-surfaced areas subject to such terms and conditions as the City deems appropriate, and to the extent any water or sewer main is located within an easement, an easement width of twenty (20) feet shall be deemed sufficient for all purposes; provided, however: for segments of such easements that contain two water and/or sewer mains, an easement width of thirty (30) feet shall be required for such segment; and for segments of such easements that are proposed to contain more than two water and/or sewer mains, the width of such easement shall be as needed to provide adequate room for health, safety, maintenance, repair and replacement as reasonably determined on a case-by-case basis by the City, or Annexor shall be permitted to separate such water and/or sewer lines within two or more easement segments such that no easement segment contains more than two water and/or sewer mains. (iii) Unless waived by the City, applications for subdivision within the Property shall provide the information required by Section 17.08.020(A) of the Code for review by the City in accordance with Section 17.08.020(B) of the Code, as amended. Cooperation. The City acknowledges that Annexor intends to implement improvement or other districts to fund the construction, and potentially maintenance, of infrastructure to serve the Property. The City acknowledges that it does not object to such use of such districts. Notwithstanding the foregoing, the formation of any such district must be performed in accordance with applicable law. It is the City’s and Annexor’s current intent to cooperate with each other with respect to applications to the Wyoming Business Council and similar organizations for grants, loans and other financing mechanisms to fund construction of infrastructure to service the Property; provided, however, this sentence shall not be deemed to bind future City Councils. ---PAGE BREAK--- ORDINANCE NO. 962 Page 17 of 63 SECTION IV Rights Vested. Annexor shall have the vested right to undertake and complete development and use of the Property for the Vested Rights Term (as defined below) pursuant to this Agreement. Certain Rights. Without limiting Section IV(A), the rights identified below are included within the property rights vested under this Agreement: Annexor shall have the right to develop, plan and engage in land uses within the Property in the manner and to the extent set forth in and pursuant to this Agreement, (ii) Annexor shall have the right to have its applications for development approvals (such as plats, site plans, building permits, etc.) processed in accordance with the procedures set forth in the Code, or, to the extent the Annexor elects, to have such applications processed in accordance with the procedures set forth in the Code in effect as of the then-current date, provided that the Community Development Director may waive submittal requirements and/or request additional information reasonably needed to make an informed decision and/or recommendation to the Planning & Zoning Commission and City Council regarding conformance of such application with the applicable approval criteria, (iii) Annexor shall have the right to develop, plan and engage in land uses within the Property in accordance with the physical development standards and other physical parameters set forth in this Agreement, (iv) Annexor shall have the right to develop (or not develop) the Property in the order, at the rate, and at the time as market conditions dictate, Annexor shall have the right to develop the Property (including, without limitation, the right to receive all City approvals necessary for the development thereon) subject to those dedication requirements and exactions set forth in this Agreement and the Code, and to no other dedications or exactions, except as otherwise set forth in Section IV(E), and (vi) All other provisions of this Agreement shall be deemed vested property rights. Relationship Between this Agreement and the Code. Except as set forth in Section IV(E), the requirements and standards of the Code (as in effect on the Third Reading Date) shall apply, except to the extent modified, clarified or superseded by the provisions of this Agreement, or as otherwise declared illegal or invalid by a court of competent jurisdiction including without limitation Exhibit F, which includes without limitation standards pertaining to parking, building heights, street right-of-ways, ---PAGE BREAK--- ORDINANCE NO. 962 Page 18 of 63 lot configurations, building setbacks, use and other matters, and/or to the extent Annexor elects to have the provisions of the Code in effect as of the then-current date govern. Except as set forth in Section IV(E), to the extent of any conflict between the Code and this Agreement, including without limitation the modifications and clarifications set forth in Exhibit F, as the same may be amended, this Agreement, as amended, shall control, unless Annexor elects to have the provisions of the Code or the provisions of the Code in effect as of the then-current date govern. To the extent any specific standard set forth in the Code is not addressed in this Agreement, including without limitation Exhibit F hereto, as the same may be amended, the specific standard set forth in the Code shall control unless Annexor elects to have the specific standard set forth in the Code in effect as of the then-current date govern. The modifications and clarifications set forth in this Agreement, including without limitation Exhibit F hereto, may be amended by a PUD Master Plan submitted by Annexor and approved by the City, or otherwise by written agreement between Annexor and the City. No Impairment. Except as otherwise set forth in Section IV(E), the City shall not initiate, take or maintain any action, whether of an administrative, legislative, judicial or quasi-judicial nature or otherwise, and whether through Charter provision, ordinance, resolution, code, rule, regulation or interpretation (individually or collectively, a “Regulatory Action”) that would directly or indirectly: have the effect of altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise materially and adversely affecting: the development of the Property in accordance with this Agreement, or any of the Annexor’s rights set forth in this Agreement, (ii) conflict with any term or provision of this Agreement, or (iii) have the effect of altering, impairing, preventing, diminishing, imposing a moratorium on development of the Property. Exceptions. Notwithstanding Section IV(D), the establishment of vested property rights under this Agreement shall not preclude the application on a uniform and non-discriminatory basis of: fees to be charged for the repair, replacement or expansion of the City’s central water and/or central sewer treatment, storage and/or pumping facilities that serve the Property and other land within the City, (ii) City regulations of general applicability that address health and safety concerns (including building, fire, plumbing, electrical, mechanical, utilities including water and sewer, and other life safety codes adopted by the City) including those that are enacted after the date of this Agreement, (iii) submittal and processing fees for development applications submitted to the City (such as those for plats, site plans, and building permits), or (iv) the documents that must be submitted to the City when seeking City approval of development applications (such as those for plats, site plans and building permits). Annexor ---PAGE BREAK--- ORDINANCE NO. 962 Page 19 of 63 does not waive its rights to oppose the enactment of any regulations described in clauses through (iv) of this Section IV(E). Other Approvals Shall Vest. Unless expressly provided otherwise in such application, all modifications and other amendments to this Agreement and any PUD Master Plan submitted by Annexor and approved by the City, shall become part of the rights vested under this Agreement upon the City's approval of such modifications, amendments or PUD Master Plan and such vesting shall last throughout the Vested Rights Term. All final plats of any portion of the Property shall become vested rights under this Agreement upon the City's approval thereof and such vesting shall last throughout the Vested Rights Term. Term. In recognition of the size of the development contemplated for the Property, the substantial investment and time required to complete the development of the Property, the potential for phased development of the Property, and the possible impact of economic cycles and varying market conditions during the course of development, Annexor and the City agree that the term of the vested property rights established in this Section IV (the “Vested Rights Term”) shall continue until the twenty-fifth (25th) anniversary of the date hereof. The expiration of the Vested Rights Term shall not effect: the annexation of the Property to the City, (ii) any common law vested rights, or (iii) any right arising from City permits, licenses, approvals or other entitlements for or related to the Property or activities thereon that were granted or approved prior to, concurrently with, or subsequent to this Agreement. Notwithstanding the foregoing, the City’s approval of any: final plat of any portion of the Property shall expire on the date that is two years after the date of such approval unless such final plat is recorded within such two (2)-year period, and any site plan development shall expire on the date that is two years after the date of such approval unless construction has commenced with respect to the project that is the subject of such site plan development within such two (2)-year period; however, upon request of the applicant therefor, the City may extend any such expiration date for up to one year for good cause shown. No Unique Requirements. The City shall not initiate, take or maintain any Regulatory Action, which, although ostensibly of a general nature, has the effect of treating the Property or Annexor in an adverse manner, uniquely or substantially uniquely within the City. ---PAGE BREAK--- ORDINANCE NO. 962 Page 20 of 63 SECTION V This Agreement, as signed below, constitutes a legal contract between the City and Annexor and its successors and assigns with respect to the Property. Any addenda or amendment to this Agreement, including without limitation any PUD Master Plan for the Property, shall be approved by resolution and shall become part and parcel of this Agreement. SECTION VI Successors and Assigns. The terms and conditions of this Agreement shall be binding upon the parties hereto, and shall inure to the benefit of all parties hereto and their respective heirs, successors, assigns, and grantees and shall bind and run with the Property. Except as otherwise set forth herein, Annexor shall not assign this Agreement or otherwise sub-contract its duties and responsibilities as set forth in this Agreement to any entity other than a district, homeowners association or master homeowners association without the prior written consent of the City. Wyoming Governmental Claims Act. The City does not waive any right or rights it may have pursuant to the Wyoming Governmental Claims Act, Wyoming Statute Sections 1-39-101, et seq. The City specifically reserves the right to assert any and all immunities, rights, and defenses it may have pursuant to the Wyoming Governmental Claims Act. Governing Law and Venue. This Agreement, its interpretation and enforcement shall be governed and construed in accordance with the laws of the State of Wyoming. Any litigation regarding this Agreement shall be resolved in a court of competent jurisdiction situated in the County. Complete Agreement. This Agreement shall constitute the entire understanding and agreement of the parties, and supersedes any prior negotiations, discussions or understandings. Amendments. No amendment or modification of the terms of this Agreement shall be valid or enforceable unless made in writing, approved by City Council and executed and delivered by all parties hereto. Waiver. Any decision not to enforce any provision of this Agreement, or any party’s waiver thereof, in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall nevertheless be and remain in full force and effect. No Third Party Beneficiary Rights. The parties to this Agreement do not intend to create in any other individual or entity the status of third-party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement ---PAGE BREAK--- ORDINANCE NO. 962 Page 21 of 63 shall operate only among the parties to this Agreement, and shall inure solely to the benefit of the parties to this Agreement and their respective heirs, successors, assigns, and grantees. The parties to this Agreement intend and expressly agree that only parties signatory to this Agreement and their respective heirs, successors, assigns, and grantees shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a party’s performance or failure to perform any term or condition of this Agreement, or to bring an action for the breach of this Agreement. Severability. If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid, illegal or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement. Authority. Each individual executing this Agreement for and on behalf of their principals hereby state that they have the requisite power and authority to enter into this Agreement and to consummate the transactions contemplated and intended hereby. Annexor further states that it is authorized to transact business in the State of Wyoming, is properly registered and not delinquent with the Secretary of State. Exhibits. References in this Agreement to “Exhibits” shall mean the exhibits attached hereto. The exhibits attached hereto are hereby incorporated herein. Except for the general depiction of the location of Phase 1-A in Exhibit C, the general depiction of the Village Center in Exhibit G, and the general depicted of Phase 1 in Exhibit I, no portion of Exhibit C, Exhibit G or Exhibit I shall be deemed binding. Without limiting the generality of the foregoing: Exhibit C, Exhibit G and Exhibit I set forth one, but not the only, configuration depicting how the Property may be developed, and (ii) the roads, streets, alleys, drives, lanes, accessways, similar passageways, open space areas, uses of the Property, lot lines, lot types, dwelling and other building types, locations and configurations, parking improvements, landscaping, and other improvements depicted on Exhibit C, Exhibit G and Exhibit I, may be built subject to the terms and conditions of this Agreement, but need not be built; and, if any of the same is built, the same shall be agreed upon by the City and Annexor subject to compliance with the terms and conditions of this Agreement, and may vary from the depictions set forth on Exhibit C, Exhibit G and Exhibit I. Deed Restrictions. Any deed, easement or other instrument employed to effect the transfer of the fee, easement or other interest of all or any portion of Donated Open Space, other open ---PAGE BREAK--- ORDINANCE NO. 962 Page 22 of 63 space, the Regional Community Park, or Multi-use, Hard Surface Trails to the City or any other entity shall be subject to, and shall include therein, the Deed Restrictions set forth on Exhibit H. PUD Master Plan. Development of any portion of the Property outside of Phase 1 (as such area is depicted generally on Exhibit I) shall not be permitted unless and until Annexor submits to the City a complete application for approval of a PUD master plan for the Property (a “PUD Application”), and until the earlier to occur of: such PUD Application is approved, or approved with conditions, by the City, or (ii) six months has elapsed since the date Annexor submitted such PUD Application regardless of whether the City has then approved, failed to approve or denied approval of such PUD Application. A PUD Application shall be deemed complete if it contains the materials set forth on Exhibit J. [The remainder of this page is intentionally left blank.] [Signatures appear on the following page.] ---PAGE BREAK--- ORDINANCE NO. 962 Page 23 of 63 IN WITNESS WHEREOF, Annexor and the City have executed this Agreement as of the dates set forth below. CITY OF DOUGLAS, WYOMING By: Name: Title: Mayor, City of Douglas, Wyoming ATTEST: By: Name: Title: City Clerk, City of Douglas, Wyoming WAGONHOUND LAND & LIVESTOCK COMPANY, LLC, a Wyoming limited liability company By: Name: Title: WESTERN EQUITY LLC, a Wyoming limited liability company By: Name: Title: [Acknowledgements are set forth on the following page.] ---PAGE BREAK--- ORDINANCE NO. 962 Page 24 of 63 STATE OF WYOMING ) ) ss. COUNTY OF CONVERSE ) The foregoing instrument was acknowledged before me as Mayor of the City of Douglas, Wyoming, this day of 2015. WITNESS my hand and official seal. Notary Public My Commission Expires: STATE OF WYOMING ) ) ss. COUNTY OF CONVERSE ) The foregoing instrument was acknowledged before me as of Wagonhound Land &Livestock Company, LLC, a Wyoming limited liability company, this day of 2015. WITNESS my hand and official seal. Notary Public My Commission Expires: STATE OF WYOMING ) ) ss. COUNTY OF CONVERSE ) The foregoing instrument was acknowledged before me as of Western Equity, LLC, a Wyoming limited liability company, this day of 2015. WITNESS my hand and official seal. Notary Public My Commission Expires: ---PAGE BREAK--- ORDINANCE NO. 962 Page 25 of 63 List of Exhibits to the Annexation Agreement Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Property DCM Matrix Conceptual Master Plan Potential Open Space for 8% Requirement Customized Street Sections Modifications and Clarifications Village Center Deed Restrictions Phase 1and Employment Center Requirements for PUD Application ---PAGE BREAK--- ORDINANCE NO. 962 Page 26 of 63 EXHIBIT A to ORDINANCE NO. 962 The Property THE PROPERTY CONSISTS OF THE FOLLOWING FIVE PARCELS. PARCEL 1 A PORTION OF SECTIONS 11, 12 AND 13, TOWNSHIP 32 NORTH, RANGE 72 WEST AND SECTIONS 6, 7 AND 18, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 11, TOWNSHIP 32 NORTH, RANGE 72 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING; THENCE ALONG THE SOUTH LINE OF SAID SECTION 11, SOUTH 87°14'15” WEST, 1415.88 FEET TO THE SOUTHWEST CORNER OF THE E 1/2 OF THE SE 1/4 OF SAID SECTION 11; THENCE ALONG THE WEST LINE OF SAID E 1/2 OF THE SE 1/4, NORTH 00°03'19” WEST, 2649.45 FEET TO THE CENTER EAST 1/16 CORNER OF SAID SECTION 11; THENCE ALONG THE NORTH LINE OF SAID E 1/2 OF THE SE 1/4, NORTH 86°48'02” EAST, 1413.86 FEET TO THE EAST 1/4 CORNER OF SAID SECTION 11; THENCE ALONG THE EAST LINE OF THE NE 1/4 OF SAID SECTION 11, NORTH 00°07'13” WEST, 1307.66 FEET; THENCE DEPARTING SAID EAST LINE, SOUTH 66°27'56” EAST, 326.00 FEET; THENCE SOUTH 66°03'47” EAST, 479.30 FEET; THENCE NORTH 51°10'26” EAST, 1097.11 FEET; THENCE SOUTH 86°59'17” EAST, 1006.81 FEET TO A POINT ON THE WEST LINE OF THE NE 1/4 OF SECTION 12, TOWNSHIP 32 NORTH, RANGE 72 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING; THENCE ALONG SAID WEST LINE, NORTH 00°45'30” WEST, 763.77 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WYOMING STATE HIGHWAY 91 (ALSO KNOWN AS COLD SPRINGS ROAD); THENCE DEPARTING SAID WEST LINE AND ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 60°19'31” EAST, 13.88 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING EIGHT COURSES: 1) SOUTH 30°48'11” EAST, 430.67 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 3474.27 FEET; 2) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE NORTHEASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 53°29'01” EAST FOR A CHORD LENGTH OF 2699.97 FEET, THROUGH A CENTRAL ANGLE OF 45°43'51”, AN ARC LENGTH OF 2772.99 FEET; 3) THENCE SOUTH 66°31'57” EAST, 357.14 FEET; 4) THENCE SOUTH 66°35'23” EAST, 268.17 FEET; 5) THENCE SOUTH 50°40'33” EAST, 758.02 FEET; 6) THENCE SOUTH 67°29'55” EAST, 443.33 FEET; 7) THENCE NORTH 89°03'50” EAST, 803.37 FEET; 8) THENCE SOUTH 77°19'00” EAST, 221.26 FEET, TO THE MOST NORTHWESTERLY CORNER OF “TRAILS WEST ADDITION NO. 2” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 152; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE AND ALONG THE BOUNDARY OF SAID “TRAILS WEST ADDITION NO. THE FOLLOWING SIX COURSES: 1) SOUTH 42°38'59” WEST, 382.81 FEET; ---PAGE BREAK--- ORDINANCE NO. 962 Page 27 of 63 2) THENCE SOUTH 89°57'21” WEST, 55.79 FEET; 3) THENCE SOUTH 00°15'07” EAST, 2055.76 FEET; 4) THENCE SOUTH 89°50'05” WEST, 133.75 FEET; 5) THENCE SOUTH 00°15'50” EAST, 1074.31 FEET; 6) THENCE NORTH 68°41'27” EAST, 820.06 FEET TO A POINT ON THE WEST LINE OF “OPEN LOCK RANCH ESTATES” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 68; THENCE CONTINUING ALONG THE BOUNDARY OF “TRAILS WEST ADDITION NO. 2” AND ALONG SAID WEST LINE “OPEN LOCK RANCH ESTATES”, NORTH 00°38'45” WEST, 285.10 FEET; THENCE DEPARTING SAID BOUNDARY OF “TRAILS WEST ADDITION NO. 2” AND ALONG THE NORTH LINE OF “OPEN LOCK RANCH ESTATES”, NORTH 89°45'29” EAST, 850.03 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ESTERBROOK ROAD (150 FOOT WIDE PUBLIC RIGHT-OF-WAY); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES: 1) SOUTH 00°11'53” EAST, 157.71 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 2895.05 FEET; 2) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE EASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 04°40'27” EAST FOR A CHORD LENGTH OF 451.89 FEET, THROUGH A CENTRAL ANGLE OF 08°57'09”, AN ARC LENGTH OF 452.35 FEET; 3) THENCE SOUTH 09°01'32” EAST, 1306.27 FEET TO A POINT ON THE SOUTH LINE OF THE NE 1/4 OF SECTION 18, TOWNSHIP 32 NORTH, RANGE 71 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID SOUTH LINE, SOUTH 89°50'24” WEST, 2478.86 FEET TO THE SOUTHWEST CORNER OF SAID NE 1/4 OF SECTION 18; THENCE ALONG THE SOUTH LINE OF THE NW 1/4 OF SAID SECTION 18, SOUTH 89°52'12” WEST, 1240.60 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 18; THENCE ALONG THE WEST LINE OF THE SW 1/4 OF SAID SECTION 18, SOUTH 00°20'21” WEST, 288.81 FEET TO THE NORTHEAST CORNER OF “RIDGEWATER ESTATES ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 1, SLIDE 168; THENCE ALONG THE BOUNDARY OF SAID “RIDGEWATER ESTATES THE FOLLOWING FIVE COURSES: 1) SOUTH 65°56'14” WEST, 1476.87 FEET; 2) THENCE SOUTH 65°53'38” WEST, 188.95 FEET; 3) THENCE SOUTH 59°33'30” WEST, 359.14 FEET; 4) THENCE SOUTH 25°24'34” WEST, 506.28 FEET; 5) THENCE SOUTH 14°37'42” EAST, 135.92 FEET TO A POINT ON THE BOUNDARY OF “RIDGEWATER ESTATES ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 2, SLIDE 45; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR COURSES: 1) NORTH 66°07'20” WEST, 386.91 FEET; 2) THENCE SOUTH 40°49'34” WEST, 418.95 FEET; 3) THENCE SOUTH 51°35'08” WEST, 572.27 FEET; 4) THENCE SOUTH 12°51'40” WEST, 365.01 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF RIDGEWATER ROAD; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89°45'13” WEST, 66.95 FEET TO A POINT ON THE EASTERLY BOUNDARY OF “RIDGEWATER ESTATES ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 1, SLIDE 170; THENCE ALONG SAID EAST BOUNDARY, NORTH 00°13'32” WEST, 407.61 FEET; THENCE DEPARTING SAID EAST BOUNDARY, NORTH 51°19'12” EAST, 695.89 FEET; THENCE SOUTH 89°38'03” WEST, 525.33 FEET TO A POINT ON THE AFOREMENTIONED EAST BOUNDARY OF “RIDGEWATER ESTATES ---PAGE BREAK--- ORDINANCE NO. 962 Page 28 of 63 THENCE ALONG SAID EAST BOUNDARY AND ALONG THE EAST BOUNDARY OF “PAQUETTE SUBDIVISION” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 179, NORTH 00°14'23” WEST, 977.44 FEET TO THE NORTHEAST CORNER OF SAID “PAQUETTE SUBDIVISION” AND TO A POINT ON THE SOUTHERLY BOUNDARY OF “LAKEVIEW MAJOR LAND DIVISION” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 4, SLIDE 1; THENCE ALONG THE BOUNDARY OF SAID “LAKEVIEW MAJOR LAND DIVISION” THE FOLLOWING THREE COURSES: 1) NORTH 89°49'05” EAST, 275.45 FEET; 2) THENCE NORTH 67°47'00” EAST, 1100.57 FEET; 3) THENCE NORTH 07°43'45” EAST, 372.26 FEET, TO A POINT ON THE SOUTH LINE OF THE W 1/2 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 32 NORTH, RANGE 72 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING; THENCE CONTINUING ALONG SAID BOUNDARY LINE AND SAID SOUTH LINE, SOUTH 89°43'46” WEST, 763.69 FEET TO THE CENTER 1/4 CORNER OF SAID SECTION 13; THENCE ALONG SAID SOUTH LINE AND BOUNDARY LINE AND THE WESTERLY PROJECTION THEREOF, SOUTH 89°44'07” WEST, 2646.56 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE ALONG THE WEST LINE OF THE NW 1/4 OF SECTION 13, NORTH 00°31'15” EAST, 2633.62 FEET TO THE POINT OF BEGINNING. CONTAINING: 1228.533 ACRES OF LAND. PARCEL 2 THAT PORTION OF THE NE 1/4 OF SECTION 18, TOWNSHIP 32 NORTH, RANGE 71 WEST, 6TH PRINCIPAL MERIDIAN, CONVERSE COUNTY, WYOMING, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF “TRAILS WEST ADDITION TO THE CITY OF DOUGLAS” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 150, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF ESTERBROOK ROAD (150 FOOT WIDE PUBLIC RIGHT-OF-WAY); THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 00°15'15” EAST, 315.15 FEET, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LANDS CONVEYED BY DEED, BOOK 1191, PAGE 77 ON SAID COUNTY CLERK AND RECORDER'S OFFICE; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE AND ALONG THE NORTH LINE OF SAID LANDS CONVEYED BY DEED, BOOK 1191, PAGE 77, SOUTH 89°45'37” WEST, 589.96 FEET TO THE NORTHWEST CORNER OF SAID LANDS CONVEYED BY DEED, BOOK 1191, PAGE 77; THENCE ALONG THE WEST LINE OF SAID LANDS CONVEYED BY DEED, BOOK 1191, PAGE 77, SOUTH 00°18'54” EAST, 120.01 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89°45'06” WEST, 260.12 FEET TO A POINT ON THE EASTERLY LINE OF “TRAILS WEST ADDITION NO. 2” ON FILE IN THE CONVERSE COUNTY CLERK AND RECORDER'S OFFICE IN CABINET 3, SLIDE 152; THENCE ALONG SAID EASTERLY LINE, NORTH 00°14'58” WEST, 434.82 FEET TO A POINT ON THE SOUTHERLY LINE OF AFOREMENTIONED “TRAILS WEST ADDITION TO THE CITY OF DOUGLAS”; THENCE ALONG SAID SOUTHERLY LINE, NORTH 89°44'06” EAST, 849.92 FEET TO THE POINT OF BEGINNING. CONTAINING: 6.862 ACRES OF LAND. PARCEL 3 A TRACT OF LAND LYING IN THE SE 1/4 SE 1/4 OF SECTION 6 AND LYING IN THE NE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING; ---PAGE BREAK--- ORDINANCE NO. 962 Page 29 of 63 THENCE NORTH 39°48'08" WEST, A DISTANCE OF 429.15 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 59, SAID POINT IS ALSO THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING COURSES: 1) THENCE SOUTH 00°16'014" EAST, A DISTANCE OF 762.50 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 11659.16 FEET; 2) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE EASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 00°45'01" EAST FOR A CHORD LENGTH OF 191.32 FEET, THROUGH A CENTRAL ANGLE OF 00°56'25", AN ARC LENGTH OF 191.32 FEET; 3) THENCE NORTH 88°41'02" EAST A DISTANCE OF 99.97 FEET, TO THE BEGINNING OF A NON TANGENT CURVE HAVING A RADIUS OF 11559.16 FEET; 4) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE EASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 01°19'41" EAST FOR A CHORD LENGTH OF 40.01 FEET, THROUGH A CENTRAL ANGLE OF 00°11'54", AN ARC LENGTH OF 40.01 FEET; 5) THENCE SOUTH 88°39'40" WEST, A DISTANCE OF 100.02 FEET; 6) THENCE SOUTH 01°38'27" EAST, A DISTANCE OF 100.02 FEET; 7) THENCE NORTH 88°39'54" EAST, A DISTANCE OF 100.08 FEET, TO THE BEGINNING OF A NON TANGENT CURVE HAVING A RADIUS OF 11559.16 FEET; 8) THENCE CURVING TO THE LEFT ALONG THE ARC OF SAID CURVE, CONCAVE EASTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 02°27'08' EAST FOR A CHORD LENGTH OF 213.56 FEET, THROUGH A CENTRAL ANGLE OF 01°03'31", AN ARC LENGTH OF 213.56 FEET; 9) THENCE SOUTH 02°57'33" EAST, A DISTANCE OF 325.87 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 93; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, SOUTH 89°39'27" WEST, A DISTANCE OF 888.12 FEET; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 00°15'48" EAST, A DISTANCE OF 1634.26 FEET; THENCE NORTH 89°53'47" EAST, A DISTANCE OF 744.77 FEET TO THE POINT OF BEGINNING. CONTAINING: 29.732 ACRES PARCEL 4 A TRACT OF LAND LYING IN THE S 1/2 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT THE NORTHEAST CORNER OF THE SE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING; THENCE SOUTH 18°36'22" WEST A DISTANCE OF 300.92 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 87 BUSINESS, SAID POINT IS ALSO THE POINT OF BEGINNING; THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, SOUTH 58°43'58" WEST, A DISTANCE OF 983.17 FEET; THENCE DEPARTING SAID NORTHWESTERLY RIGHT-OF-WAY LINE, NORTH 00°09'54" EAST, A DISTANCE OF 668.12 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 93; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING FOUR COURSES: THENCE NORTH 00°28'33" WEST, A DISTANCE OF 38.90 FEET; THENCE NORTH 89°43'40" EAST, A DISTANCE OF 495.87 FEET; THENCE SOUTH 00°29'00" EAST, A DISTANCE OF 12.56 FEET TO THE BEGINNING OF A NON TANGENT CURVE HAVING A RADIUS OF 402.50 FEET; THENCE CURVING TO THE RIGHT ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHWESTERLY, THE CHORD OF SAID CURVE BEARS SOUTH 61°26'32" EAST FOR A ---PAGE BREAK--- ORDINANCE NO. 962 Page 30 of 63 CHORD LENGTH OF 390.33 FEET, THROUGH A CENTRAL ANGLE OF 58°00'36", AN ARC LENGTH OF 407.52 FEET TO THE POINT OF BEGINNING. CONTAINING: 8.208 ACRES PARCEL 5 A TRACT OF LAND LYING IN THE S 1/2 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING, MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING AT THE NORTHEAST CORNER OF THE SE 1/4 NE 1/4 OF SECTION 7, TOWNSHIP 32 NORTH, RANGE 71 WEST OF THE 6TH P.M., CONVERSE COUNTY, WYOMING; THENCE SOUTH 82°49'41" WEST A DISTANCE OF 1598.41 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 93, SAID POINT IS ALSO THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING THREE COURSES: 1) THENCE NORTH 80°08'45" EAST A DISTANCE OF 262.06 FEET TO THE BEGINNING OF A CURVE HAVING A RADIUS OF 1809.90 FEET; 2) THENCE CURVING TO THE RIGHT ALONG THE ARC OF SAID CURVE, CONCAVE SOUTHERLY, THE CHORD OF SAID CURVE BEARS NORTH 84°58'39" EAST FOR A CHORD LENGTH OF 294.39 FEET, THROUGH A CENTRAL ANGLE OF 09°19'47", AN ARC LENGTH OF 294.71 FEET; 3) THENCE NORTH 89°03'15" EAST, A DISTANCE OF 99.97 FEET; THENCE DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 00°09'54" WEST, A DISTANCE OF 668.12 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF LINE OF INTERSTATE 87 BUSINESS; THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE THE FOLLOWING 3 COURSES: 1) THENCE SOUTH 58°43'58" WEST, A DISTANCE OF 154.50 FEET; 2) THENCE NORTH 32°06'38" WEST A DISTANCE OF 149.64 FEET; 3) THENCE SOUTH 72°38'24" WEST, A DISTANCE OF 456.48 FEET; THENCE DEPARTING SAID NORTHWESTERLY RIGHT-OF-WAY LINE NORTH 00°11'14" WEST, A DISTANCE OF 685.58 FEET, TO THE POINT OF BEGINNING. CONTAINING: 9.964 ACRES ---PAGE BREAK--- ORDINANCE NO. 962 Page 31 of 63 Exhibit B to Annexation Agreement DCM Matrix Seven Trails Community - Dedication, Construction and Maintenance Matrix Map Number Park, Trail of Open Space Type General Description General Size Timing of Dedication Responsibility for Installing Improvements Operations & Maintenance Responsibility 1 Regional Community Park Active 10 - 20 Acres Dedicated to the City upon recording of the first final plat of land adjacent to the Regional Community Park. City City 2 Village Green Active 1/2 - 2 Acres Dedicated to a District or Master HOA upon recording of the first final plat of land adjacent to the Village Green, unless area to be retained by Annexor. Annexor / District / Master HOA Annexor / District / Master HOA 3 Agrarian Center Passive 10 - 30 Acres Dedicated to a District or Master HOA upon recording of the first final plat of land adjacent to the Agrarian Center, unless area to be retained by Annexor. Annexor / District / Master HOA Annexor / District / Master HOA ---PAGE BREAK--- ORDINANCE NO. 962 Page 32 of 63 Map Number Park, Trail of Open Space Type General Description General Size Timing of Dedication Responsibility for Installing Improvements Operations & Maintenance Responsibility 4 Neighborhood Parks Active 1/2 - 5 Acres Dedicated to a District, HOA or Master HOA upon recording of the first final plat of land adjacent to such Neighborhood Park, unless area to be retained by Annexor. Annexor / District / Master HOA / Sub-HOA Annexor / District / Master HOA / Sub-HOA 5 Potential Open Space Passive N/A See Annexation Agreement, Section II(A). City City N/A Multi-use, Hard Surface Trails Active N/A If a recorded final plat includes a segment of a Multi-use, Hard Surface Trail, then an easement for such segment shall be dedicated to the City in accordance with Section II(B)(ii) of the Annexation Agreement. Annexor / District / Master HOA / Sub-HOA City N/A Soft Surface Trails Active N/A Easements or the fee interests for Soft Surface Trails shall be dedicated upon completion of construction of such trails. Unless otherwise designated by Annexor, such trails shall be open for public use. Annexor / District / Master HOA / Sub-HOA Annexor / District / Master HOA / Sub-HOA ---PAGE BREAK--- ORDINANCE NO. 962 Page 33 of 63 Seven Trails Community - Dedication, Construction and Maintenance Matrix (Streets) Map Number Street Type / Improvement Type General Description General Size Timing of Dedication Installation Responsibility Operations & Maintenance Responsibility N/A Entry Boulevard, Commercial Mixed Use Street, Commercial Main Street, Residential Collector Street, Local Residential Street, and Alley N/A N/A Recording of final plat thereof. Annexor / District / Master HOA City N/A Medians and Monuments (within Street ROW) Passive N/A Recording of final plat thereof. Annexor / District / Master HOA / Sub-HOA Annexor / District / Master HOA / Sub-HOA N/A Tree Lawns (within Entry Boulevard) Passive N/A Recording of final plat thereof. Annexor / District / Master HOA / Sub-HOA Annexor / District / Master HOA / Sub-HOA N/A Tree Lawns (within Street ROW) Passive N/A Recording of final plat thereof. Adjacent Property Owner / Master HOA / Sub-HOA Adjacent Property Owner / Master HOA / Sub-HOA N/A Rural Streets N/A N/A Recording of final plat thereof. Annexor / District / Master HOA / Sub-HOA Annexor / District / Master HOA / Sub-HOA Dedications to districts, and maintenance responsibilities by districts, shall be permitted only to the extent such districts are permitted to accept and maintain such property and improvements in accordance with applicable law. Notwithstanding the foregoing, the City shall not be required to provide snow removal for alleys within the Property. See Section III(B) of the Annexation Agreement. ---PAGE BREAK--- ORDINANCE NO. 962 Page 34 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 35 of 63 Exhibit C to Annexation Agreement Conceptual Master Plan ---PAGE BREAK--- ORDINANCE NO. 962 Page 36 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 37 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 38 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 39 of 63 Exhibit D to Annexation Agreement Potential Open Space for 8% Requirement ---PAGE BREAK--- ORDINANCE NO. 962 Page 40 of 63 Exhibit E to Annexation Agreement Customized Street Sections ---PAGE BREAK--- ORDINANCE NO. 962 Page 41 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 42 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 43 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 44 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 45 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 46 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 47 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 48 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 49 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 50 of 63 ---PAGE BREAK--- ORDINANCE NO. 962 Page 51 of 63 Exhibit F to Annexation Agreement Modifications and Clarifications to MU-PUD Zone District 1. Applicable Standards. The applicant for any development permit or approval from the City shall not be required to designate whether the applicant is operating under the R-1, R-2, R-3, R-4 or B- 1 zone standards with respect to any proposed project. Instead, the standards set forth in the “Mixed Use-Planned Unit Development” zone as set forth in Section 18.36.010 of the Code shall apply, and specifically the applicant for any permit or approval may select the development standards from any of R-1, R-2, R-3, R-4 and/or B­1 that should apply to any proposed project, except to the extent modified and clarified by this Exhibit F or other provisions of the Agreement. 2. Definitions, Exhibits, and Measurement of Lot Widths. a. Definitions. Capitalized terms used but not defined in this Exhibit F shall have the meanings ascribed to them in the Annexation Agreement, dated 2015 among Wagonhound Land & Livestock Company, LLC, a Wyoming limited liability company, Western Equity, LLC, a Wyoming limited liability company and the City of Douglas, Wyoming (the “Agreement”). (ii) For purposes of this Exhibit F, the following terms shall have the following meanings: “Agrarian Zone” means the portion of the Property depicted generally as the “Agrarian Zone” on Exhibit B, as the same shall be defined more specifically on the plat(s) thereof. “Commercial Main Street” means a street with the cross-section as depicted on Exhibit E as “Commercial Main Street”, as the same may be modified by Section 4.b. below, Section 4.c. below, and/or other provisions of the Agreement. “Commercial Mixed-use Street” means a street with the cross-section as depicted on Exhibit E as “Commercial Mixed-use Street”, as the same may be modified by Section 4.b. below, Section 4.c. below, and/or other provisions of the Agreement. “Employment Center” means the portion of the Property depicted generally as the “Employment Center” on Exhibit J, as the same shall be defined more specifically on the plat(s) thereof. “Entry Boulevard” means a street with the cross-section as depicted on Exhibit E as “Entry Boulevard”, as the same may be modified by Section 4.b. below, Section 4.c. below, and/or other provisions of the Agreement. “Other Lot” means any lot other than a Single Family Lot. “Phase 1-A” means the portion of the Property depicted generally as “Phase 1-A” on Exhibit C, as the same shall be defined more specifically on the plat(s) thereof. “Single Family Lot” means any lot intended to accommodate only one single-family dwelling unit. “Village Center” means the portion of the Property depicted generally as the “Village Center” on Exhibit G, as the same shall be defined more ---PAGE BREAK--- ORDINANCE NO. 962 Page 52 of 63 specifically on the plat(s) thereof. b. Exhibits. All exhibits referenced in this Exhibit F shall mean exhibits attached to the Agreement. c. Measurement of Lot Widths. For purposes of the Agreement (including this Exhibit any reference to the width of a lot means the length of that portion of the boundary of such lot that is contiguous to the primary street for such lot. For purposes of measuring lot width, the primary street for any lot shall be the public or private road, street, drive or lane that most-closely faces the principal entrance of the principal building thereon or intended to be constructed thereon. 3. Street Trees. The spacing of street trees will be in accordance with the three species size classes listed in Section 12.20.040(A) of the Code and with the exception of special plantings designed or approved by a landscape architect, no trees may be planted closer together than: twenty (20) feet for small trees; thirty (30) feet for medium trees, and forty (40) feet for large trees. Trees in and surrounding parks and to the Property or portions thereof (including without limitation the Entry Boulevard) are not considered “street trees” and are not subject to spacing requirements such as those set forth above in this Section 3, but shall be subject to the City’s traffic safety regulations. 4. Street Lighting and Signage. a. Street Lighting. In additional to materials that may be used for street lights (including poles and fixtures) as permitted by the Code: street light poles and fixtures may be made of wood, and (ii) other materials may be used for street lights (including poles and fixtures) if permitted by the local electric utility provider. Street lights shall be installed at such intervals and otherwise as appropriate to promote the character of the subject neighborhood and shall be in accordance with standards acceptable to the local electric utility provider. b. Signage. The signage regulations set forth in the Code shall govern signage within the Property, except to the extent modified by written agreement of the Annexor and the City. 5. Street Standards. a. Design and Construction Standards. Any road, street, alley, drive, lane, or similar passageway within the Property, and any segment thereof, may, as determined by Annexor, be designed and constructed in accordance with either: the street cross- sections and standards in Exhibit E as the same may be modified by Section 5.b., Section 5.c., and/or other provisions of the Agreement (the “Customized Street Sections”), (ii) the standards set forth in the Code, or (iii) other standards as may be acceptable in writing to both the Annexor and the City. b. Commercial Main Street or Commercial Mixed-use Street. Notwithstanding Exhibit E, with respect to any segment of any Commercial Main Street or Commercial Mixed-use Street, at the time of platting and dedication of such segments, Annexor may elect to: remove from being within the right-of-way the ten (10) foot pedestrian zone and the contiguous eight foot landscape/furnishing zone, thereby retaining those areas as privately owned property, or (ii) remove from being within the right-of-way the ten (10) foot pedestrian zone, thereby retaining that area as privately owned property, on the condition that if any segment of such ten (10) foot pedestrian zone is removed from the right-of-way, then a five foot wide paved pedestrian walkway and public access (a “Public Walkway and Access”) shall be provided and privately maintained within a portion of such segment or within the adjacent eight (8)-foot landscaping/furnishing zone as necessary to maintain connectivity with other public walkways connecting thereto, and if any segment of such eight foot landscape/furnishing zone is removed from the right-of-way, then buildings shall not be permitted within such segment, unless otherwise approved by the City, and such segment shall be privately maintained. Notwithstanding Exhibit E, if any segment of the ten (10)-foot pedestrian zone within any Commercial Main Street or Commercial Mixed-use Street is privately owned not within the ---PAGE BREAK--- ORDINANCE NO. 962 Page 53 of 63 right-of-way), then buildings, structures and other improvements may be located within such ten (10)-foot zone, on the condition that a Public Walkway and Access is provided within such segment or within the adjacent eight (8)-foot landscape/furnishing zone, and all other City regulations applicable thereto are satisfied. Notwithstanding Exhibit E, if any segment of the eight (8)-foot landscape/furnishing zone within any Commercial Main Street or Commercial Mixed-use Street is privately owned not within the right-of- way), then the structures, walkways, landscaping, community monuments, other signage, benches, waste receptacles, banner poles, electrical and sound equipment, other site furnishings, and improvements related thereto may be located within such eight (8)-foot zone, on the condition all development standards applicable thereto are satisfied and such improvements comply with the City’s safety standards. c. Alignments. The Customized Street Sections generally depict the locations and alignments of certain roads, streets, alleys, drives, lanes, intersections and similar passageways within the Property. The specific locations and alignments of such roads, streets, alleys, drives, lanes, intersections, and similar passageways, if built, shall be outlined by Annexor at the time of preliminary plat thereof, and may vary from the depictions set forth on the Exhibit E, on the condition that the overall connectivity provided by the Entry Boulevard, Commercial Main Street, Commercial Mixed-use Street, Residential Collectors and Local Residential Streets as depicted on Exhibit E is not materially decreased. Alleys, drives, lanes, intersections and similar passageways depicted on Exhibit E may, but need not, be built. d. Relationship to the Code. If Annexor elects to design and provide any roads, streets, alleys drives, lands, intersections or similar passageways or any segment thereof in accordance with the Customized Street Standards, then to the extent of any conflict between the Customized Street Standards and the Code, the Customized Street Standards shall control, unless Annexor elects to have the provisions of the Code or the provisions of the Code in effect as of the then-current date govern. e. Conceptual Plan. The depictions of lot lines, buildings and other improvements on Exhibit E are conceptual and provided only as one example of such lot lines, buildings and other improvements that may be built on the Property, but in no way shall be deemed binding or in any manner a requirement to build any or all of such buildings or other improvements, or plat such lot lines or construct such buildings or improvements in such configuration. f. Public Landscape Areas. The City hereby grants an easement to Annexor and its designees to install, maintain, remove, repair and replace all landscaping, structures, walkways, community monuments, other signage, benches, waste receptacles, banner poles, electrical and sound equipment, other site furnishings, and improvements related thereto within the medians, landscape/furnishing zones, landscape zones, and tree lawns located within rights-of-way within the Property (the “Public Landscape Areas”), on the condition all such improvements comply with the City’s road sight-distance and other safety regulations. The City shall not install, maintain, remove, repair or replace any landscaping or other improvements within the Public Landscape Areas without Annexor’s prior written consent; provided, however, the City may install, maintain, remove, repair and replace stop signs, traffic signal poles, and traffic and other safety signage and improvements as required by the City’s then-current traffic safety standards within the Public Landscape Areas, on the condition that the City coordinate with Annexor regarding the specific locations of such items within the Public Landscape Areas and the materials incorporated therein to harmonize such City-installed improvements with the community theme and surrounding improvements. 6. Parking. a. Dimensions. Off-street parking spaces shall be at least ten (10) feet by twenty (20) feet and have adequate access to a public street. Parallel parking spaces shall be ten (10) feet by twenty-two (22) feet. Dimensions of angled parking spaces and aisle width shall comply with the standards therefor set forth on Exhibit E, or such other standards acceptable to Annexor and the City. ---PAGE BREAK--- ORDINANCE NO. 962 Page 54 of 63 b. Required Number for Residential. Two parking spaces shall be provided for each single-family residence that is not a one (1)-bedroom multi-family dwelling unit or studio multi-family dwelling unit. One parking space shall be provided for each one bedroom multi-family dwelling unit and each studio multi-family dwelling unit. c. Village Center Improvements. On-street parking spaces shall be counted toward satisfaction of the parking requirement for improvements located within the Village Center. Due to the pedestrian-oriented nature of the Village Center, the amount of parking required for improvements located in the Village Center shall be reduced by twenty-five percent (25%) of that required by the Code. d. Justified Reductions. In addition to the reductions described in Section 6.c. above, the number of parking spaces required for any use may be reduced (with respect to portions of the Property outside the Village Center) or further reduced (with respect to portions of the Property within the Village Center) by consent of the City, based on an analysis of shared parking and/or other considerations deemed relevant to the City. e. Accessory Units. No additional parking shall be required for accessory units. 7. Building Heights. a. Single Family Lots. The height of any primary structure located on any Single Family Lot shall not exceed thirty-five (35) feet. (ii) Except as set forth in Section 7.c. below, with respect a Single Family Lot that is less than sixty (60) feet wide, the height of an accessory structure thereon shall not exceed twenty-five (25) feet. Except as set forth in Section 7.c. below, with respect to a Single Family Lot that is sixty (60) feet or more wide: the height of any storage shed thereon shall not exceed twenty-five (25) feet, and the height of any other accessory structure thereon shall not exceed thirty-five (35) feet. b. Other Lots. Except as set forth in Section 7.c. below, the height of any primary or accessory structure located on an Other Lot shall not exceed fifty (50) feet, provided however, that the height of any structure containing: multi-family dwellings, assisted living facilities, hospital facilities, and/or one or more hotel or motels, and the height of any mixed-use structure containing any of the foregoing uses may exceed fifty (50) feet but shall not exceed sixty (60) feet, and (ii) that such maximum height limitation shall not apply to belfries, cupolas, penthouses or dormers not used for human occupancy, roof-mounted church spires, chimneys, skylights, ventilators, water tanks, parapet walls, cornices, antennas, utility poles and mechanical appurtenances occasionally carried above the roof level, and similar features (“Appurtenant Features”). c. One-Acre+ Lots. Notwithstanding Sections 7.a. and 7.b. above, the height of any accessory structure on any lot one acre or larger may extend up to sixty (60) feet. Such maximum height limitation shall not apply to any Appurtenant Features. 8. Minimum Lot Area. a. Single-Family Detached. The size of a lot intended to accommodate one single- family detached dwelling shall not be less than be five thousand (5,000) square feet. b. Townhouse. The size of a lot intended to accommodate one townhouse shall not be less than eighteen hundred (1,800) square feet. c. Duplex. The size of a lot intended to accommodate one duplex unit shall not be less than three thousand (3,000) square feet. d. Multi-family. The size of a lot intended to accommodate a building containing only ---PAGE BREAK--- ORDINANCE NO. 962 Page 55 of 63 multi-family dwelling units, other than townhouse units and duplex units, shall not be less than five hundred (500) square feet per unit. e. Other. There shall be no minimum lot area for any lot containing or intended to contain business uses or a mixed-use building, for any open space lot or for any lot not intended for human occupancy, including without limitation lots created for community monuments, other signage, parks, access or utility facilities. 9. Minimum Lot Width. a. Residential. The minimum lot width for a lot containing: one single-family detached dwelling unit shall be fifty (50) feet, (ii) one townhomes unit shall be eighteen (18) feet per unit, (iii) one duplex unit shall be thirty (30) feet, and (iv) multi-family dwelling units that are not townhomes and are not incorporated into a mixed-use building shall be fifty (50) feet. b. Other. There shall be no minimum lot width requirement for any lot containing or intended to contain business uses or a mixed-use building, for any open space lot or for any lot not intended for human occupancy, including without limitation lots created for community monuments, other signage, parks, access or utility facilities. 10. Setbacks. a. Single Family Lots. The minimum setback from a front street lot line for a primary structure on any Single Family Lot shall be fifteen (15) feet; provided, however that the minimum setback from a street line for an open porch shall be only ten (10) feet. (ii) Except as otherwise set forth herein or required by the adopted building and fire code, the minimum side and rear setbacks for a primary structure and accessory structures on any Single Family Lot shall be seven and one-half (7.5) feet from the side or rear property line, as applicable. (iii) Setbacks for Street or Front loaded garages shall be as follows: Front: Front-loaded garages with garage doors facing the front street shall have a minimum setback from the street lot line of thirty (30) feet. Side Drive: Garages accessed by side drives shall have a minimum setback from the front property lot line of fifty (50) feet. Turned: Turned garages where garage doors face the side of the lot may be employed on lots eighty (80) feet in width or greater. The garage shall be placed at or behind the front face of the primary structure. The minimum setback from the rear lot line for alley or rear loaded garages shall be six feet. a. Other Lots. There shall be no minimum setback from a front street lot line, and there shall be no minimum side or rear property line setback, for a primary or accessory structure on any Other Lot located in the Village Center. (ii) The minimum setback from a front street lot line for a primary structure on an Other Lot that is not located in Village Center shall be fifteen (15) feet; provided, however that the minimum setback from a front street line for an open porch shall ---PAGE BREAK--- ORDINANCE NO. 962 Page 56 of 63 be only ten (10) feet. Except as otherwise set forth herein, the minimum side and rear setbacks for a primary structure and accessory structures on an Other Lot that is not located in the Village Center shall be seven and one-half (7.5) feet from the side or rear property line, provided the setback does not violate the requirements of the adopted building or fire code. 11. Maximum Building Area. a. Single Family Lots. The maximum building area for Single Family Lots shall be sixty percent For purposes hereof, “building area” with respect to a Single Family Lot shall mean the total square footage of floor space within all levels measured to the outside surface of walls of buildings or portions thereof located on such Single Family Lot, but shall not include the floor area in basements, areas of open (but covered or uncovered) porches and balconies and up to six hundred seventy-five (675) square feet of floor area within attached or detached garages located on such Single Family Lot. b. Other Lots. There shall be no maximum building area requirement for Other Lots. 12. Site Plan Modifications. No site plan for improvements located on any portion of the Property west of I-25 shall deviate from the development standards pertaining to Mixed Use-Planned Unit Development zone district as set forth in Code Section 18.36.010 as modified and clarified by this Exhibit F by more than fifteen percent (15%) and in no case shall be less than the City's fire code requirements. 13. Boundaries. The boundaries of the Agrarian Zone, the Employment Center, Phase 1, Phase 1-A, and the Village Center shall be determined by Annexor and may vary from the general depictions thereof set forth on the exhibits attached to the Agreement and shall be established on the recorded final plat(s) of such areas. 14. Uses. a. Uses Permitted by Right. Property West of I-25. In addition to the uses permitted within the Mixed Use- Planned Development zone district, the following uses shall be permitted on any portion of the Property located west of I-25 as a use by right: • Parks, open space, indoor or outdoor, public or private, athletic and recreation facilities, multi-use, hiking, equestrian, interpretive and other recreational trails, • Utility facilities, including without limitation storm water facilities, • Rainwater harvesting the practice of capturing rainwater prior to its absorption into the ground for storage and use elsewhere), • Churches, • Civic facilities, • Temporary sales offices, • General retail, including without limitation building materials and home construction retail, • Personal service shops (as defined under existing Code 18.08.390), • Nurseries, • Hospitals and clinics for people, • Kiosks, • Mixed-use buildings and structures to the extent the individual uses within such buildings are permitted, and • For lots or parcels twenty (20) acres or larger, each use permitted by right within the Agriculture zone district as set forth in the Code. (ii) Agrarian Zone. In addition to the uses permitted within the Mixed Use-Planned Development zone district and the uses set forth in Section 14.a.(i) above, and uses permitted by right within the Agriculture zone district as set forth in the Code, indoor and outdoor equestrian centers, facilities and improvements shall be permitted as uses by right within the Agrarian Zone. ---PAGE BREAK--- ORDINANCE NO. 962 Page 57 of 63 (iii) Phase 1-A. In addition to the uses permitted within the Mixed Use-Planned Development zone district and the uses set forth in Section 14.a.(i) above: indoor and outdoor equestrian centers, facilities and improvements (collectively, the “Additional Phase 1-A Uses”), shall be permitted as a use by right within any lot or other portion of Phase 1-A until such time as the City issues a building permit for vertical construction of a building intended for human occupancy on such lot or other portion of Phase 1-A and construction thereof has commenced. For example, without limiting the generality of the prior sentence, if the City issues a building permit for a multi-family building on a 3-acre lot within Phase 1-A and construction of such multi-family building has commenced, then: the Additional Phase I-A Uses shall no longer be permitted as uses by right on such 3- acre lot, and the uses permitted by right on all portions of the Property other than such 3-acre parcel remain unchanged. (iv) Employment Center. In addition to the uses permitted within the Mixed Use- Planned Development zone district and the uses set forth in Section 14.a.(i) above, the following uses shall be permitted as a use by right on any portion of the Employment Center. • Indoor and outdoor equestrian centers, facilities and improvements, • Parking structures, • Building materials – wholesale, • Automotive service and sales (new or used), • Automotive repairs, • Animal hospitals, • Day care for household pets, • Light manufacturing, • Product distribution/storage facilities, • Research and development facilities, • Self-storage facilities, • Mini-warehouses for storage, • Warehouse distribution facilities, • Truck stops, and • Mixed-use buildings and structures to the extent the individual uses within such buildings are permitted. Property Other Than the Agrarian Zone, Phase 1-A, and the Employment Center. In addition to the uses permitted within the Mixed Use-Planned Development zone district and the uses set forth in Section 14.a.(i) above, the following uses shall be permitted on any portion of the Property other than the Agrarian Zone, Phase 1-A and the Employment Center as a use by right: • Indoor and outdoor equestrian centers, facilities and improvements, • Animal hospitals, • Day care for household pets, • Research and development facilities, • Self-storage facilities, • Mini-warehouses for storage, and • Mixed-use buildings and structures to the extent the individual uses within such buildings are permitted. b. Accessory Uses Permitted by Right. Additional uses and improvements that are accessory to a permitted principal use shall be permitted on the same lot as the principal use to which they are accessory. (ii) Accessory residential units shall be permitted on lots with a width of fifty (50) or more feet. c. Conditional Uses. In addition to uses allowed by conditional use permit within the City of Douglas Mixed Use-Planned Unit Development zone district, there shall be permitted on ---PAGE BREAK--- ORDINANCE NO. 962 Page 58 of 63 the Property as conditional uses: any other use that will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted on the Property, and any uses permitted within the Agriculture zone district as set forth in the Code that are not otherwise uses permitted by right. (ii) In addition to uses allowed by conditional use permit within the City of Douglas Mixed Use-Planned Unit Development zone district and Section 14.c.(i) above, day care for household pets shall be permitted as a conditional use within Phase 1- A. (iii) In addition to uses allowed by conditional use permit within the City of Douglas Mixed Use-Planned Unit Development zone district and Section 14.c.(i) above, there shall be permitted as conditional uses within portions of the Property other than Phase 1-A: • Guest ranches, • Firing ranges – indoor, • Bulk grain storage (public or private), • Commercial kennels, • Radio and television transmission and reception towers, and • Any other use that will be no more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted on the Property. d. Existing Uses. In accordance with W.S. Section 15-1-410(a), no law, ordinance, rule or regulation of the City shall restrict the continuous use of the Property by the current or subsequent Owner of any interest in the Property, if the use was existing at any time within the year prior to the date of annexation to the City and was lawful when the Property was annexed. e. Uses Not Permitted. The following uses shall not be permitted on the Property: • Group homes for registered sex offenders, • Sexually-oriented businesses, and • Commercial livestock auction yards and barns and commercial feed lots. ---PAGE BREAK--- ORDINANCE NO. 962 Page 59 of 63 Exhibit G to Annexation Agreement Village Center ---PAGE BREAK--- ORDINANCE NO. 962 Page 60 of 63 Exhibit H to Annexation Agreement Deed Restrictions 1. Site and Architectural Review. No site disturbance of, or construction or installation of any improvement on or under, the [Subject Property] shall occur without the written agreement of Transferee and Wagonhound with respect thereto, including without limitation such agreement on site design, building design, architecture, building materials, and landscaping. 2. Use Restriction. Transferee hereby agrees that the [Subject Property] shall not be used for any of the following purposes without the express written consent of Wagonhound: a. Residential dwellings b. Accommodations for temporary occupancy, including the parking or placement of camping and travel trailers, motor homes, truck campers or tents used for human occupancy c. Fraternity or sorority houses d. Retail or other commercial activities e. Advertising f. Fairgrounds g. Parking, other than for use of the public of park facilities, open space, trail or other improvements thereon approved by Wagonhound h. Healthcare facilities i. Offices j. Industrial facilities k. Airport, heliport, drone and other aviation facilities l. Casinos and gaming m. Concrete, asphalt, mortar or similar batch plants n. Commercial or governmental chemical/hazardous material storage, transfer, or disposal facilities, including those related to radioactive waste o. Electricity generation or storage facilities p. Junk, scrap metal, or auto wrecking yards q. Public or private landfills r. Recycle or trash transfer facility s. Jails or correctional facilities t. Sawmills u. Storage of any vehicles, equipment, goods, flammable liquids or gases, materials or other items, other than as needed to maintain any public park, open space or trail located on the [Subject Property] Above-ground bulk storage of v. Keeping of animals w. Outdoor firing or archery ranges x. Commercial cultivation, processing or storage of crops y. Mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth; or oil or natural gas processing, refining or transmission z. Water retention or storage aa. Smokestacks ---PAGE BREAK--- ORDINANCE NO. 962 Page 61 of 63 Further, no unsafe, noxious, offensive, or illegal activity, nuisance, noise or odor is permitted on the [Subject Property] or to emanate from the [Subject Property]. No activity shall be conducted on the [Subject Property] which, in the judgment of Wagonhound, might reasonably be considered as annoying to neighbors of ordinary sensibilities, or that might be reasonably calculated to reduce the desirability of Seven Trails or any other nearby property. 3. Restrictions of Transfer. Transferor shall not transfer any interest in the [Subject Property] to any person or entity other than another governmental entity, unless approved by written consent of Wagonhound. 4. Remedies. Violations of [Sections 1 through 3] may cause material harm to the owner of the any of Wagonhound or its designees (the “Benefitted Parties”) that would not be adequately addressed or remedied by the right to recover damages, or by other remedies available at law, and consequently, each Benefitted Party shall, in addition to any other rights or remedies available at law or in equity, be entitled to enjoy and exercise any and all available equitable remedies. All equitable remedies shall be cumulative with and non-exclusive of one another as well as all remedies for damages or otherwise available at law. Any and all such remedies may be pursued concurrently or successively from time to time, as the each of the Benefitted Parties may elect, to seek redress for any breach or violation of [Sections 1 through and no exercise of any one remedy shall constitute or be construed as an election of remedies to the bar of any other remedy. 5. Attorneys' Fees. The prevailing party in any action or proceeding brought to enforce any provision of [Sections 1 through 3] shall be entitled to recover from the non-prevailing party all court costs and expenses incurred by the prevailing party in connection therewith, including reasonable attorneys' fees. 6. Benefits and Burdens. The provisions set forth herein are intended to benefit Wagonhound personally, and the benefits thereof and rights to enforce the same shall not run with the land; however, Wagonhound may assign such benefits and the rights to enforce the same by written assignment executed by Wagonhound and recorded in the official real property records of Converse County, Wyoming. The burdens and obligations established herein hereof shall run with the [Subject Property] and be binding upon Transferee and any successor owner of any interest in the [Subject Property] 7. Severability. In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, that provision shall not affect any other provision hereunder. 8. Governing Law. This [Deed] shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to the application of conflicts of law doctrines. 9. No Waiver. No failure or delay of a party in the exercise of any right or remedy given to such party hereunder or the waiver by any party of any condition hereunder for its benefit (unless the time specified herein for exercise of such right or remedy has expired) shall constitute a waiver of any other or further right or remedy. No waiver by a party of any breach hereunder or failure or refusal by a party to comply with its obligations shall be deemed a waiver of any other or subsequent breach, failure or refusal to so comply. 10. Amendment; Construction. The provisions of Sections 1 through 9 hereof may not be amended or modified, nor may any provision hereof be waived to any extent, except to the extent such modification, amendment or waiver is set forth in a written instrument, recorded in the official records of Converse County, Wyoming, executed by the party against whom enforcement of such amendment, modification or waiver is sought, and then only to the extent specifically set forth therein. ---PAGE BREAK--- ORDINANCE NO. 962 Page 62 of 63 Exhibit I to Annexation Agreement Phase 1 and Employment Center ---PAGE BREAK--- ORDINANCE NO. 962 Page 63 of 63 Exhibit J to Annexation Agreement Requirements for PUD Application 1. Application Form 2. Application Fee 3. Legal Description 4. Location Map 5. Project Narrative a. Project description b. Acreage c. Proposed Use d. Statement of Public Benefits e. Analysis of Project Compliance, Compatibility and Impact i. Adopted plans and policies, to the extent applicable ii. Land use in surrounding areas iii. Site access and traffic patterns iv. Availability of utilities v. Special or unusual demands on utilities (high water or sewer usage, grease or sediment contribution, pre-treatment needs, etc.) vi. Effects on public utilities vii. Signage Plan viii. Existing and proposed easements 6. Statement of Anticipated Development Schedule and Phasing 7. Master Plan Drawing (24x36 and 11x17) 8. Site Analysis a. Delineation of existing uses and proposed land uses b. Identification of proposed major circulation system and road network adjacent to the site c. Identification of major environmental features, including steep slopes, wetlands, floodplains, and geologic hazards d. Identification of natural drainages 9. Identification of WYDOT access permits needed, if any 10. Traffic Impact Study a. Project description b. Proposed access points c. Internal circulation network, including anticipated construction phasing d. Existing and proposed traffic volumes e. Existing and proposed traffic controls f. Impact on surrounding intersections g. Any recommended mitigation measures h. Impact analysis i. Description of traffic data and methodology for collecting data j. Description of methodologies and assumptions used k. Recommendations 11. Master Utility Report 12. Master Drainage Report 13. Soils and Geology Study