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HomeMy WebLinkAbout05605Reception 927934 08/07/1990 ORDINANCE NO. 5605 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AND DESCRIBED AS U.S.C. /GOLF COURSE - NORTH OF U.S.C. WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and WHEREAS, the City Council has heretofore found and determined by Resolution that the Petition For Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the municipal Annexation Act of 1965 and C.R.S. X31 -13 -104, 105 and 107(1); and WHEREAS, the City Council has by Resolution found and deter- mined that an election is not required under C.R.S. §31 -12- 107(2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition For Annexation and the Annexation Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: CL!'T T!'1TT l The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition For Annexation and the Annexation Agreement and the official map of the City shall be amended to show such annexation: All of the S 1/2 of Section 8, Township 20 South, Range 64 West of the 6th P.M. 5-uK 2510 PAGE 565 SECTION 2. Within thirty (30) days after the effective date of the Ordinance the City Clerk shall: (a) File one copy of the annexation with the original of this Ordinance in the office of the City Clerk. (b) File two certified copies of this Ordinance and annexing map with the Pueblo County Clerk and Recorder. (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. 0Vr-TTr'N" 'J The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. §37 -45- 136(3.6). QVr IPTnm A The Annexation Agreement, the original of which is on file with the City Clerk is incorporated herein and approved. The President of the City Council is authorized to execute the Annexation Agreement in the name of the City. QVOrrTnM CZ This Ordinance shall become effective immediately upon final passage of this Ordinance and execution of the Annexation Agree- ment by all parties thereto and the annexation shall be effective for ad valorem tax purposes on and after January 1, 1991. INTRODUCED: May 14 , 1990 By S C Councilman -2- uoK 2510 PAGE 566 ATTEST: APPROVED: 4 Pesi L dent of the City Cou cil TJ 44.22 -3- BOOK 2510 PA1, 67 ANNEXATION AGREEMENT CASE NO. A -90 -1 THIS AGREEMENT entered into as of June 25, 1990, by and between the City of Pueblo, a Municipal Corporation (herein "City "), and the Colorado State Board of Agriculture acting by and through its duly appointed attorney -in -fact, the University of Southern Colorado, (herein "Petitioner "): WHEREAS, Petitioner is the owner of real property in Pueblo County, Colorado, described in the attached Exhibit C and in the Deed from the County of Pueblo, State of Colorado to Petitioner recorded as Instrument No. 879763 in Book 2430, Page 634 of the records of the Pueblo County Clerk and Recorder, which description is by reference incorporated herein as if set out herein in full, except that portion thereof which will be retained by the City for a golf course pursuant to the provisions of the Quit Claim Deed and Exhibits attached thereto recorded as Instrument No. 879766 in Book 2430, Page 651 of the records of the Pueblo County Clerk and Recorder, and WHEREAS, the said real property of Petitioner except the golf course property is referred to and described herein as the "Master. Plan Area" and the golf course property is referred to and described herein as the "Golf Course ", and WHEREAS, Petitioner has submitted to the City a petition for annexation to the City of a portion of the Master Plan Area described as follows: All of the S 1/2 of Section 8, Township 20 South, Range 64, west of the 6th P.M., County of Pueblo, Colorado ( "the property sought to be annexed "). BOOK 25 .0 PAE G8 WHEREAS, the City is willing to annex Petitioner's property sought to be annexed upon and subject to the terms and conditions hereinafter set forth and in compliance with the annexation laws of the State of Colorado; NOW, THEREFORE, in consideration of the foregoing and covenants and conditions set forth herein, the City and Petitioner_ agree as follows: I. MASTER DEVELOPMENT PLAN The Petitioner will prepare or cause to be prepared a Master Development Plan for the Master Plan Area. The Master Development Plan including Secondary Plans for all of the Master Plan Area shall be prepared in consultation with the City's Subdivision Review Committee and Department of Planning and Development and be submitted in its entirety to the Planning and Zoning Commission of City for its review. No application for rezoning or subdivision for all or any part of the land within the Master Plan Area will be submitted to City until after the Master_ Development Plan has been approved by the Planning and Zoning Commission. The Master Development Plan will comply with the policies of the Pueblo Regional Comprehensive Development Plan, presently existing and as same may hereafter be amended, and will be designed to address, identify and resolve all development, drainage, utilities, traffic and other infrastructure needs and requirement and the wide range of planning and development issues involved in and with respect to the development of the Master Plan Area separately and in -2- BOOK 2510 PA 69 conjunction with the Golf Course. The approved Master Development Plan will have the flexibility to adapt to changing conditions over the twenty -year time period estimate for the development of the Master Plan Area. The Master Development Plan shall consist of the following Secondary Plans: (1) Development Plan, (2) Drainage Plan, (3) Sanitary Sewer Plan, and (4) Transportation Plan. 1. Development Plan The Development Plan shall be prepared in accordance with the requirements of Section 12- 4 -6(A) of the 1971 Code of Ordinances of the City of Pueblo and as same may be subsequently amended. A development phasing plan shall also accompany the Development Plan which will establish the anticipated phasing of the development of the Master Plan Area. 2. Drainage Plan The Drainage Plan shall be prepared in accordance with the Pueblo Storm Drainage Criteria Manual (MANUAL) then in effect and be certified by a Professional Engineer competent in the field of surface water drainage engineering and registered in the State of Colorado. The Drainage Plan shall address surface water drainage within the Master Plan Area and into the Master Plan Area from other areas, as well as the effects of the development of the Master Plan Area upon downstream properties and drainage facilities. Associated impacts identified in the Drainage Plan will be mitigated through surface water drainage improvements installed by and at the expense the developer_ of the Master Plan Area. The Drainage Plan shall include a phasing plan for such -3- BOOK 2510 PAGE 570 improvements. Stormwater detention facilities, designed and constructed in accordance with the MANUAL, may be used to mitigate the increased runoff due to development of the Master Plan Area. 3. Sanitary Sewer Plan A Sanitary Sewer Plan shall be prepared in accordance with the standards specified by the City Engineer (See Exhibit A) and shall be supported by studies and reports prepared by Professional Engineers competent in the field of sanitary sewer engineering and registered in the State of Colorado. The Sanitary Sewer_ Plan shall address the needs of the entire gravity -fed sewer drainage basin of which the Master Plan Area is a part, which sewer drainage basin shall be approved by the Director of Public Works. Associated impacts identified in the Sanitary Sewer Plan will be mitigated through the installation of sanitary sewer_ improvements installed by and at the expense of the developer of the Master Plan Area. The Sanitary Sewer Plan shall include a phasing plan for such improvements. If sanitary sewers are oversized in the Master Plan Area to serve future development outside the Master_ Plan Area but within the sewer drainage basin, a Sewer Participation Cost Recovery Agreement will be entered into between the developer who pay for such oversizing and the City in accordance with Sections 16 -5 -12 and 13 of the 1971 Code of Ordinances and as same may be subse- quently amended. If sewers are constructed downstream from the Master Plan Area which will serve future development outside the Master_ Plan Area but within the sewer drainage basin, the Sewer Participation -4- BOOK 2510 PAGE 571. Cost Recovery Agreement will include provisions so that the developer_ who pays for such construction will be reimbursed in accordance with applicable provisions of City's ordinances. The Sewer Participation Cost Recovery Agreement will be in conformity with the City's then existing ordinances and be approved by City Council but shall not require any cost recovery from City. 4. Transportation Plan A Transportation Plan shall be prepared in accordance with the criteria and general outline specified by the City Traffic Engineer (See Exhibit B) and shall be supported by studies and reports prepared by a Professional Engineer competent in the field of transportation and registered in the State of Colorado. Associated impacts to the City's existing and proposed roadway systems identified in Transportation Plan and studies which are reasonably attributable to the development of the Master Plan Area and the Golf Course will be mitigated through traffic improvements constructed and installed by and at the expense of the developer_ of the Master Plan Area (such as, but not limited to, traffic signals, signal interconnect, conduit and wire, deceleration/ acceleration lanes, and median islands). The Transportation Plan shall provide a schedule of such improvements. If street improvements through or adjacent to property outside the Master Plan Area are required to be constructed the developer of the Master Plan Area will pay the entire cost of the improvements and thereafter be eligible for cost recovery as provided under Section 12 -4 -12 of the 1971 Code of Ordinances of the City of Pueblo and -5- am 25 .0 PAVE 572 as same may be subsequently amended but shall not be eligible for any cost recovery from the City. II. ZONING AND SUBDIVISION The Master Plan Area will be zoned and subdivided in conformity with the approved Master Development Plan pursuant to the requirements of Titles 12 and 17 of the 1971 Code of Ordinances of the City of Pueblo, and as same may be subsequently amended. The property sought to be annexed will be annexed to the City as S -1 Zone District. If City has or will extend, install or construct roads, water, sanitary or storm sewers, drainage facilities or other utilities in sufficient size and capacity to serve the Golf Course and /or the areas identified in the Master Development Plan, the City will be reimbursed its entire cost of such construction, or a mutually acceptable contract will be entered into for such reimbursement before any rezoning or subdivision of any land within the Master Plan Area is finally approved by Ordinance of the City Council of City. III. PUBLIC FACILITIES Petitioner will dedicate land and right -of -way owned by Petitioner, and if other land is needed, will cause the developer of the Master Plan Area to acquire and dedicate, for public use and facilities necessary and required to serve the Master Plan Area and Golf Course and by applicable City ordinances, including but not limited to sanitary and storm sewers, drainage ways and facilities, utilities, streets, roadways, trail systems, and OQOK 2510 PAT 573 parks. The developer of the Master Plan Area, at its expense, shall construct and install all on -site and off -site improvements necessary and required to serve the Master Plan Area and Golf Course and by applicable City ordinances, including but not limited to streets, street lights, curbs and gutters, sidewalks, bridges, traffic control devices, sanitary sewers, storm sewers, drainage improvements and facilities, but excluding public buildings such as fire stations. The developer of the Master Plan Area will meet and comply with all applicable ordinances, codes, and resolutions with respect to such improvements and facilities in effect at the time of installation of such facilities and dedication of land therefor_. IV. UTILITIES The developer of the Master_ Plan Area will comply with all applicable City of Pueblo sanitary and storm sewer_ requirements and Board of Water_ Works water requirements for the installation of mains, lines, stations, and any other appurtenant utility facilities in effect at the time of such installation. V. COMPLIANCE WITH ORDINANCES The development, subdivision, and rezoning of the Master Plan Area will meet and comply with all applicable ordinances, resolutions, regulations, codes and standards of the City now existing or hereinafter enacted or amended. VI. ASSIGNS -7- aooK 2510 PAI,E 574 The covenants, restrictions, and agreements set forth herein shall run with the Master Plan Area and shall extend to and be binding upon the Petitioner and its successors and assigns. Petitioner expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by the execution of this Annexation Agreement and its petition for annexation. VII. AMENDMENTS Amendments to this Annexation Agreement may only be made through formal petition to and approval by ordinance of the City Council after such amendment has been reviewed by City Departments and such Departments have submitted their findings and recommenda- tions to the City Council. All amendments to the Master Develop- ment Plan must be approved by the Planning and Zoning Commission after review and comment by City Departments. VIII. SEVERABILITY If for any reason a section, clause, or other_ provision of this Annexation Agreement is invalid or unenforceable, the invalidity or unenforceability of such section, clause, or other provision shall not affect any of the remaining provisions of this Annexation Agreement. IX. VESTED RIGHTS As a condition of and in consideration of the City annexing the property sought to be annexed, the Petitioner_, for itself and its successors and assigns waives and releases all previously EF:12 aaoK 2510 PAE 575 acquired or existing vested property rights attached to or established with respect to the Master_ Plan Area and acknowledges and agrees that the annexation of the property sought to be annexed is not a site - specific development plan and no vested property rights shall be attached to or be established with respect to the Master Plan Area. The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any provision hereof, nor the annexation of the property sought to be annexed either_ separately or jointly (i) creates or establishes a vested property right in or for the benefit of the Petitioner or its successors or assigns or the Master Plan Area; or (ii) constitutes a site - specific development plan. The terms "vested property right" and "site - specific development plan" shall have the same meaning as set forth in Section 17 -12 -2 of the 1971 Code of Ordinances of the City of Pueblo. X. COVENANTS AND RESTRICTIONS All subdivisions of land within the Master Plan Area which are adjacent to the Golf Course will, by notation on all subdivision plats therefor or by separate recorded instrument, be made subject to covenants and restrictions running with the land, binding upon the property owner, and enforceable by the City which (a) prohibits ingress and egress to and from the adjacent property and the Golf Course, (b) requires installation on the adjacent land and maintenance by the property owner thereof of aesthetically acceptable fence, wall or other buffer material WK 25 ,0 Pm,E 76 between the property and the Golf Course, and (c) waives and releases the City, its officers, employees, agents, contractors, invitees and users of the Golf Course, from and against any and all claims, actions, proceedings and causes of action at law or in equity, with respect to, or for damage or injury to persons (including death) and property caused by or resulting in any manner from the construction, installation, maintenance, use and operation of the Golf Course or any facilities or improvements thereon, including but not limited to errant golf balls. XI. FINANCIAL OBLIGATIONS This Annexation Agreement shall not be construed to impose upon the Petitioner the obligation to assume the financial obligations of the developer unless the Petitioner_ declares its intention to do so by resolution or otherwise become the developer of land within the Master Plan Area. ,.'Executed -at Pueblo, Colorado the day and year first above wf.tten`.. y , - . S E A L l ATTEST; . .y.' C 111 e rk APPROVAS TO FORM: City Attor PUEBLA UNICIPAL CORPORATION By Pre ent of the City Council -10- BQoK 2510 PA E 577 ATTEST: f Rte Exec tive Director Planning and Development COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) THE COLORADO STATE BOARD OF AGRICULTURE, a university governing board acting by and through its duly appointed attorney -in -fact, the University of Southern Colorado, an institution of higher education B Dr. Robert C. Shirley, President as attorney -in -fact for the Colorado State Board of Agriculture, a university governing board ,The foregoi instrument was acknowledged before me this day of �� , 1990 by Michael Occhiato as President of the ity ouncil and Marian D. Mead as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission )TA„�� S r AL`a J 7 COUN'2f OF "PUEBLO STATE OV COLORADO expires: S, ss. otdry /Vublic The foregoing instrument was acknowledged before me this 21st day of June , 1990 by Dr. Robert C. Shirley as attorney -in -fact pursuant to Power of Attorney recorded in Book 2430, Page 636, of the records of Pueblo County, Colorado, for the Colorado State Board of Agriculture, a university governing board, acting by and through its duly appointed attorney -in -fact, the University of Southern Colorado, and Stephen D. Bronn of the University of Southern Colorado, a university of higher education. Wit'nes,s my hand and official seal. My qoTmission expires: August 1.8, 1.991 E` , A . Lt Notary P blic T 44.Yi -11- BOCK 2510 PA 57$ EXHIBIT A SANITARY SEINER PLA('d CRITERIA The criteria set forth in the following is intended to provide guidelines for the Planning and Design of sanitary sewers. These guidelines shall include planning criteria, minimum or maximum controls of sewer design, and construction. However, in unusual circumstances or where special conditions dictate, certain deviations from the standard criteria may be directed or approved by the Director of Public Nforks. All improvements to the sanitary sewer system shall be planned and designed to provide adequate service as specified by the following: A. PLANNING CRITERIA FOR SANITARY SE14ERS 1. Acreages for separate land uses (such as single — family, multifamily, commercial, and industrial) shall be established based upon the Development Plan. 2. Sanitary sewer impact shall be computed for the entire sewer drainage basin including the proposed development. lHains shall be designed to adequately accommodate the area as per criteria contained herein. 3. If' any flow from the development is accepted into the existing sanitary sewerage system, an analysis of the existing sanitary sewerage system shall be prepared addressing the impact of the additional flows, including but not limited to: (a) identification of hydraulic deficiencies in the system created by the development; — A -1 — aoox 2510 PAA79 (b) proposed corrections, improvements, or upgrading to relieve existing impacted systems; and (c) financing and scheduling of corrections, improvements, or upgrading to relieve existing system. B. DESIGN CRITERIA FOR SANITARY SEWERS 1. Design shall be in accordance with the minimuii design standards and specifications for subdivisions of the City of Pueblo, Colorado. 2. Sewer lines shall be designed to flow less than full. Lines fifteen inches (15 ") and less shall have a design capacity of 50 percent of the pipe depth. Lines eighteen inches (18 ") and larger shall have a design capacity of 75 percent of the pipe depth. 3. Flow Factors - -Peak — Single — Family Residential: — 1 Family Residential: — Commercial: — Industrial: — Nigh 11•later Consuming Industries: — Institutional Use: — Areas Outside the Development Plan: 0.0042 cfs per acre 0.0009 cfs per unit 0.0040 cfs per acre 0.0051 cfs per acre Special Study Required Special Study Required 0.0044 cfs per acre C. IDENTIFICATION AND DESIGN Identify and design areas with a high potential for groundwater infiltration. i"9aximum allowable infiltration /inflow (I /I) shall be in accordance with Article 13-- Specifications for Sanitary Sewers. Use 0.0003 cfs per acre for newly developed basins with low potential for infiltration problems due to groundwater. Areas with high potential for groundwater infiltration shall be determined by the City or by studies done for the area. — A -2 — EXHIBIT "B" BnK2510 PA,;E. 58Q TRANSPORTATION PLAN REQUIREMENTS The following criteria shall set forth the general outline for the Transportation Plan: A. STUDY AREA BOUNDARIES (1) Description The study area boundaries shall include the shaded area and intersections shown on the attached map. (2) Existing and Proposed Land Uses Proposed land uses shall be based upon the Develops =iient Plan. (3) Existing and Proposed Study Boundary Area Uses Proposed uses for land areas which are outside the Development Plan, but within the study area boundaries. (4) Existing and Proposed Roadways and Intersections (5) Site Access Recommendations for site access and transportation improvements needed to maintain traffic flow to, from, within, and past the site as an acceptable and safe level of service. — B -1 — BOOK 2510 PAGE 581 B. STUDY AREA TRIPS GENERATION (1) Include anticipated nearby development. C. STUDY AREA TRIPS DISTRIBUTION D. STUDY AREA TRIP ASSIGNMENT E. STUDY AREA EXISTING CONDITIONS AND PROPOSED TRAFFIC VOLUMES (1) Peak hours study area traffic volumes at build —out. Build —out is assumed to be the Year 2010. (2) Peak hours study area through traffic volumes at build —out. F. ROADWAY AND INTERSECTION CAPACITY ANALYSIS /LEVELS OF SERVICE (STUDY AREA) (1) Analyze Volume /Capacity at Critical Intersections for peak hours for existing conditions. (2) Analyze Volume /Capacity at Critical Intersections for peak hours for study area at build —out. (3) Assess changes in roadway operating conditions resulting from the development traffic. G. TRAFFIC SIGNAL PROGRESSION (1) Determine traffic signal locations (using criteria from Manual on Uniform Traffic Control Devices and corresponding two —way traffic signal progression patterns. — B -2 — amok 251® f A ►,� 582 I. RECO1 (1) Proposed Recommended Improvements The Transportation Plan shall identify the project construction phases at which time specific street improvements and traffic controls shall be required. (2) Major Arterial Streets - -Troy Avenue, Eagleridge (47th Street), and !4alkingStick Boulevard and any others to be determined- -shall be constructed to major arterial standards (5 lanes with rnedian). Construction may be phased at the discretion of the City. J. STUDY CRITERIA (1) Trip generations are to be from Institute of Transportation Engineers' Trip Generation Guide (latest edition). (2) Critical Lane Capacity Analysis to be determined using the 1985 Highway Capacity Mianual (Special Report 209), as amended. (3) Level of Service "C" as defined in the Highway Capacity Manual shall be the goal for street design. It is recognized, however, that Level of Service "D," for exclusive left turn movements, is generally acceptable for short periods during the peak traffic hours. — B -3 — aooK 2510 PAGE 583 WalkingStick t Q ° O INTERSECTIONS north " TO BE ANALYZED c; K cr D �{�+/ :,;'' /�tk /f.� %*,� /. ` II !�:iHll'ifltii'ifiie?`.li(i1!`• �'. .a` %'.:'..: .y — {�+' isr: �': �ii:: is�' i:`. �}: �: �}: �i:;: iiii::;:; : }::::;�:�:�ii: :i:•:...; ► 7 z ► t : <•: 5 C - ..YS n �i - n G. a c A :( 4 9 }:•iti�i: ?�':•:•i:•:•ii: iii: { � : ;i:�:•j:•:: • ,: }i:•::: ':;: ti�i :•i:•:�:tiv:ti�: L LV(�qu` �• 8 r ACAS ;_ :iii ti E c r e* I a 7 0 F 1 - J Y t S Z V O •� 7 0 a -- s P µf + - c . Y r LA YHy RUS �pKNOX �� c %:i:$:; ti:::;:;:; ;:i:i: is Li :•i:i::r::•::;i:i:i:•:i•::;:>� / L 0,. N FL 8 W [ 0.; ::: ii^i e D:i:;:' iii:�:4:•i i: {:: }::: � I� !} :: : ::i:'rii$}'ri}:i:iv }; {;i,•:y,•. iry:;ii; {:;::: }i$:;:;:$�:w::: :• {n }•.•�9` �.:• >:� :.2`•;:: ii•. < :.i:;!!i ". "`giEL•'ii�flR Cd At#ws ....... 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ST. z�` MA 5T uAr. c LL. a /� 3 ` a O o` YCRKSWIPE COD I. 20 5T. a• MA DSL AV 5• T_ - � F h K �� y . t_ f 19 5T. * This map Is for planning purposes only - It does not commit the City or ( 3•= e ST the developer to any exact roadway alignment or Intersections shown i W ST I E 2 E VOK 2510 PAA EXHIBIT "C" The following described real property located in Pueblo County, State of Colorado: A portion of the NE 1/4, NW 1/4 and S11 1/4 of Section 17 and the SE 1/4 of the NE 1/4 and the NE of the SE 1/4 of Section 18, all being in Township 20 South, Range 64 West of the 6th P.M., also being a portion of following vacated Subdivisions: SCHUYLER HEIGHTS EDGEPLAIN LINCOLN PLACE ADDITION NATIONAL PARK ADDITION and being more particularly described as follows: Considering the North line of said Section 17 to bear S.89 - 12'- 00 "W., and all bearings contained herein being relative thereto: eginning at the Northeast corner of said Section 17; thence S.89 along the sai� North line of Section 17, a distance og 3990.30 feet (S.89 - 12 3993.02 feet, Deed); thence S.39 - 16 13 0 W., a distance of 2898.41 feet (S.39 12 1 A., 2900.00 feet, Deed) to the Southeast corner of Lot 4, Block 53 in University Park Subdivision 15th Filing, according to the recorded pbat thereof, as Siled for record December 4, 1984; thence S.40 - 56' -39 "E. (S.40 - 48'E., Deed), a distance of 1339.14 feet to the North line of a Permanent Highway Easement, as recorded in Book 1680 at Page 593 of the Pueblo County Records; thence 5.61 08'- 36 "E., (N.61 08 Deed), along said North line, a distance of 1049.84 feet; thence N. 28 51'- 24 "E., a distance of 483.25 feet; thence Northerly, along the arc of a curve to the right, whose center bears N.72 03' -16 "E. and whose radius is 800.00 feet, a distance of 622.34 feet; thence N.26 - 37 35 "E., a distance of 1368.09 feet; thence. Northeasterly, along the arc of a curve to the right, whose radius is 800.00 feet, a distance of 865.31 feet; thence N. 35'- 58 "E., a distance of 787.18 feet to the Northwest corner of a Tract of Land, as described in Book 1405 at Page 255 an$ in Book 1419 at Page 5 of the said County Records; thence N. 88 - 35'- 58 "E., along the North line of said Tract of Land, a distance of 676 00 feet to the Northeast corner thereof; thence continuing N.8_8 35'- 58 "E., a distance of 1003.20 feet to the East line of said Section 17; thence N.01 24 02 "W., along said Fast line, a distance of 1065.00 feet to the Point of Beginning, Containing 213.971 acres. AND All of the S 1/2 of Section 8, Township 20 South. Range 64 West of the 6th P.M., also being a portion of Vacated Edgep and being more particularly described as follows: Considering the South line of said Section 8 to bear S.89 12'- 00 "W., and all bearings contained herein being relative thereto; Beginning at the Southeast corner of said Section 8; thence S.89 12'- 00 "W., along the said South line of Section 8, a distance of 5308.88 feet (Westerly, 5311.60 fret, Deed) to the Southwest corner of said Section 8; thence N.01 - 13'- 23 "E., along the West line of the SW 1/4 of said Section 8, a distance of 2789.15 feet (Northerly, 2790 feet, Deed) to the W 1/4 corner of said Section 8; thence N.87 56'- 09 "E., along the East -West Centerline of said Section 8, 'a distance of 5317.99 feet (Easterly, 5317.08 f%et, Deed) to the E 1/4 corner of said Section 8; thence S.01 - 17 43 "W., along the East line of the SE 1/4 of said Section 8, a distance of 2906.68 feet (Southerly, 2906.00 feet, Deed) to the Point of Beginning, Containing 346.983 acres. together with all vacated alleys and streets abutting on and adjacent to the above - described property therein whether herein described or not.