the Site Drawings as Parcel E-2, until such time as Seller is prepared to subdivide or otherwise <br />provide legal access to the portion of the South Park/West Creek Property that is identified on <br />the Site Drawings as Parcel I. City agrees that, to the extent necessary, it will subordinate its <br />exclusive easement pursuant to this Section 1.4 to any proposed dedication by Seller of a public <br />right-of-way or to the installation by Seller of any private right-of-way from West Amazon (a <br />public street) to Parcel I, provided: (i) that the dedication or installation is made by Seller <br />pursuant to the City's requirements or conditions of approval with respect to Seller's planned <br />unit development application or other proposed development for that portion of the South <br />Park/West Creek Property (and otherwise is in accordance with applicable subdivision or <br />planned unit development requirements), and (ii) further, that Seller immediately grants and <br />conveys to the City the fee interest in Parcel E-2 upon completion of the dedication or <br />installation of the street providing access to Parcel I, subject only to the street right-of-way, the <br />lien of then current, not delinquent real property taxes, and the permitted Exceptions <br />described in clause (b) of Section 5 of this Agreement. Until the conditions in the foregoing <br />clauses (i) and (ii) are met, Seller may not occupy, possess or otherwise use Parcel E-2 other <br />than in connection with the dedication or installation of access pursuant to the forgoing clause <br />(i) (and then only with an indemnity of City from any loss, cost, damage or claim arising out of. <br />Seller's use thereof and only if Seller first provides proof of adequate liability insurance naming <br />City as an additional insured, if required by City), and City shall otherwise be entitled to the <br />exclusive occupancy, possession, use and enjoyment of Parcel E-2. <br />Parcel E-2 referenced above encompasses the triangular portion of Tract A located north of the <br />proposed intersection of Canyon Drive and Starwood Loop on the applicant's 74-lot PUD plans, <br />and the adjacent segment of the 60-foot wide "Bridal Trail Easement," to the west. (The Bridal <br />Trail Easement, which is delineated on the applicant's PUD plans, encumbers the northernmost <br />boundary of the property, between West Amazon Drive and the west property boundary, and <br />then continues southward along the west property boundary to the existing Canyon Drive right- <br />of-way.) Parcel I referenced in the terms of the agreement, above, is the southeast portion of <br />the development, east of Canyon Drive. <br />Although the Bridal Trail Easement is identified on the applicant's PUD plans, the Exclusive <br />Easement described above is not shown. Instead, the applicant's PUD plans identify this <br />Exclusive Easement area as consisting of: a portion of Tract A, which the applicant designates as <br />common open space for the PUD; a portion of the Bridal Trail Easement; and a portion of the <br />Canyon Drive street extension. Per the terms of the agreement, above, this Exclusive Easement <br />is to be conveyed to the City in fee interest upon the dedication or installation of the street <br />providing access to Parcel I. However, this section of Canyon Drive cannot be built to the <br />applicable approval criterion at EC 9.8325(5), which prohibits grading on portions of the <br />development site that meet or exceed 20% slope. As such, the terms of the agreement above <br />preserve the Exclusive Easement; therefore, the following condition of approval is <br />recommended: <br />The final PUD plans shall show the Exclusive Easement of the September 3, 1999 <br />Purchase and Sale Agreement, including the Bridal Trail Easement. <br />Hearing Official Decision (PDT 10-2, CU 11-1) 23 <br />