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HomeMy WebLinkAboutGALATIA ANNEXATION AND ZONING 9.24.90 P AND Z BOARD HEARING - 36 90, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. _ 6 MEETING DATE 9/24/90 City of Fort Collins PLANNING AND ZONINGBOARD STAFF REPORT PROJECT: Galatia Annexation and Zoning - #36-90, A APPLICANTS: Pavlakis Realty OWNERS: Galatia Partnership c/o Cityscape c/o George Pavlakis 3030, S. College Ave #200 5670 E: Evans Ave. Ft. Collins, eO 80525 Denver, CO 80222 PROJECT DESCRIPTION: Request to annex and zone approximately 235.48 acres located north of County Road 44 (Prospect Road extended) and east of Interstate 25. The requested zoning districts are H-B, Highway Business, I-P, Industrial Park, and R-P, Planned Residential. All zonings would carry a PUD condition. RECOMMENDATION: Approval EXECUTIVE SUMMARY: This is a request to annex and zone approxima-tely 235.4'8 acres located north of County Road 44 (Prospect Road extended) and east of Interstate 25. The requested zoning is H-B, Highway Business and I-P, Industrial Park, to the north and east of the interchange area; and R-P Planned Residential on the eastern part of the property. All zonings would carry a PUD condition. The property is presently, for ,the most part, undeveloped, with the excep- tion of a new residence at the far southeast corner of the property and a few older residential and farm structures located along the frontage road of I-25. The property is currently zoned FA-1 Farming in the County. This is a voluntary -annexation. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Boa 580 Fort Collins. 00 80522-0580 (303) 221-6750 PLANNING DEPARTMENT DESCRIPTION OF THE GALATIA ANNEXATION TRANSITION (T) ZONING A tract of land located in Section 15 and 22, Township 7 North„ Range 68 West of the 6th Principal Merdian, County of Larimer, State of Colorado, being more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 15 and 22 as bearing, North 00013100" East, from a found nail in bridge deck at the Southwest corner to a found Aluminum Cap at the West Quarter corner of said Section 15 and with all bearings contained herein relative thereto: Commence at the Southwest corner of said Section 15; thence, South 89057148" East, 2647.40 feet, to the POINT OF BEGINNING; thence,, North 00054109" West, 58..33 feet, thence, North 55001100" West., 72.4.81 feet; thence, North 3•5018120" East, 535.28' feet; thence, North 540411401 West, 287.94 feet to the beginning of a curve, concave Northeasterly, having a central angle of 15*3113111 , a radius of 610.00 feet and the chord of which bears North 46055154" West, 164.78 feet; thence along the arc of said curve 165.29 feet to the end of said curve; thence, North 39010109" West, 247.94 feet to a point of intersection with a non -tangent curve, concave Westerly, having a central angle of 96°52105", a radius of 410.00 feet and the chord of which bears North 02*2314&" East 613.52 feet; thence along the arc of said curve 693.17 feet to the point of intersection with a non -tangent line; thence, North 43°57146" East, 325.63 feet; thence, North 00022110" East, 438.64 feet, thence, South 89037150" East, '548.81 feet; thence, South 0.0*07144" West, 1331.86 feet; thence, South 89050113" East, 1061.32 feet thence, South 00009147/1 West, 200.00 feet to a point of intersection with a non -tangent curve, concave Southeasterly, having a central angle of 90008131",a radius of 610.00 feet and the chord of which bears South 45005132" West 863.74 feet; thence along the arc of said curve 959.70 feet to the end of said curve; thence, South 00001116" West, 549.85 feet, thence, North 89058144" West, 451.78 feet; thence, North 00*01144" East, 30.00 feet, to the Point of Beginning. The above described tract contains 51.100 acres, more or less and is subject to all easements, rights -of ways and restrictions now on record or existing. 11/20/90 040-002 Resolution 90-XX Finding Substantial Compliance and Initiating Annexation Proceedings for the Galatia Annexation. Staff recommends adoption of the Resolution to set a public hearing date and initiate the annexation process. The applicant, Eldon Ward of Cityscape Urban Design, Inc., on behalfof the property owner, Galatia, a Colorado Partnership, George E. Pavlakis, Agent, has submitted a written petition requesting annexation of approximately 235.48 acres located east of I=25 and north of East Prospect Road. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. Background: The applicant, Eldon Ward of Cityscape Urban Design, Inc., on behalf of the property owner, Galatia, a Colorado Partnership, George E. Pavlakis, Agent, has submitted , a written petition requesting annexation of approximately 235A8 acres located east of I-25 and north of East Prospect Road. The City's; "Annexation and Zoning Review" requirements are included in the Planning Department's Develooment Manual (a copy of annexation section is attached). The property is divided by the current Fort Collins Urban Growth Area boundary (see attached map). Approximately 78 acres (the eastern portion of the property) is located outside the UGA boundary. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City can consider the annexation property outside the UGA by giving the County notice (35 days) of the intent to annex the property. According to the UGA Agreement, annexation of property outside the UGA by the City of Fort Collins automatically amends the UGA boundary to conform to the boundaries of the annexation. Larimer County responded to the notice of the proposed' annexation in a letter dated September 11, 1990 (copy attached). The County requested, that all adjacent street right-of-ways be included in the annexation and commented generally that plans for the extension of urban services should be in place before annexations occur, particularly when an annexation will go beyond the UGA boundary. The County indicates the annexation of this• property will not create any negative impacts on County facilities and services. V. In considering utility services; an existing 24" Boxelder Sanitation District sewer main crosses the property at its northwestern corner. An existing 12" ELCO Water District water main is located one-half mile to the north. The City's Water Master Plan anticipates that a 16" water main will be extended east of I-25 along Prospect Road and then turn north dividing the subject property along the current UGA boundary. Copies of the City's Water Master Plan and Sewer Master Plan. Thus, it appears that adequate utility services either currently exist or will be made available to this site in the near future by the City or by other utility service providers. Electric utility service to the site is currently available from Public Service Company and REA. If the property is annexed, electric utility service would be provided by the City. Cost of extending electric service will be paid by the developer except for facilities needed on an •area -wide basis. This property is eligible for annexation according to state law. The property gains the required 1/6 contiguity to. existing city limits from a common boundary with the Interstate Associates Annexation to the south and the Highway I-25 Second Annexation to the west. In addition, C.R.S. 311-12-105 ('1)(a)(b) of state law regarding annexations indicates that land under single ownership (whether in one tract or more than one tract) cannot be divided for the purposes of annexation without the consent of the property owner. The property owner does not wish to divide the property for the purposes of annexation. Staff did discuss with the applicant the option of presenting the City with two separate annexation petitions, one for the area located inside the UGA and. one for the portion of the property located outside the UGA. The property owner wishes to pursue annexation of the entire property at this time. The owner intends: eventually to develop the property under a single unified planned unit development. The UGA Agreement also contains a provision. :prohibiting the County from accepting a development application for property which is eligible for voluntary annexation into the City. However, if the City rejects the annexation request, the owner's only option would be to seek authorization from the County to develop the property. Since this type of situation has never occurred before, it is not /> known how the County would react to such a development request. C August 7. 1990 City Council Meeting: On August 7, 1990, City Council zconsidered, but did not pass, a Resolution which would have initiated annexation proceedings for this property. Council was concerned with the inclusion of an area outside the UGA boundary and the City's ability -to provide services east of I-25. The applicant has resubmitted an annexation petition for Council consideration. There are no rules or regulations which prohibit an applicant from resubmitting .an application request. The applicant has also submitted a letter (attached letter of September 6, 1990,) containing information which, he believes, should assist the Council in the consideration of this Resolution initiating the annexation process. Plannine and Zoning Board Recommendation• The Planning and Zoning Board conducted a public hearing on the request for annexation and zoning at its regular monthly meeting on September 24, 1990. Due to adjacent property owners' concerns with the requested zonings, specifically an I-P, Industrial Park, District request adjacent to a large -lot residential subdivision, the Board delayed taking action on the request. The Board's recommendation will be forwarded to the City Council in time for the• public hearing and first readings of the annexation and zoning ordinances. The item has been rescheduled for the October 22, 1990, Board meeting. Staff Recommendation: Staff recommends adoption of the Resolution to set a public hearing date and initiate the annexation process. Further information and analysis concerning service impacts and recommendations for zoning the property will be available for Council consideration at the time of the public hearing. Galatia Annexation an Zoning - #36-90, A September 24, 1990 P & Z Meeting Page 2 Background; The applicant, Eldon Ward of Cityscape Urban Design, on behalf of the owner; Galatia Partnership (Pavlakis Realty has power of attorney), has submitted a written petition requesting annexation of approximately 235.48 acres located' north of County Road 44 and east of Interstate 25. The requested zoning is H-B, Highway Business and I-P, Industrial Park, to the north and east of the interchange area; and R-P, Planned Residential, on the eastern part of the property. All zonings would carry a PUD condition. The property is currently zoned FA-1 Farming in the County. This is a voluntary annexation. Any existing commercial signs on the property will' have to conform to the City's Sign Code at the conclusion of a five year amortization period. The property is divided by the current Fort Collins Urban Growth Area boundary. Approximately 78 acres (the eastern portion of the property) is located outside the UGA. According to policies and agreements between the City of Fort Collins and Lar'imer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City can consider the annexation of property outside the UGA by giving the County sufficient notice (35 days) of the intent to annex the property. Annexation of property outside the UGA by the City of Fort Collins automatically amends the UGA boundary to conform to the boundaries of the annexation. This property is eligible for annexation according to state law. The property gains the required 1/6 conti'gu'ity to existing city fi'mits from a common boundary with the Interstate Associates Annexation to the south and the Highway I-25 Second Annexation to the west. In addition, C.R.S. 31-12-105 (1)(a)(b) of state law regarding annexations indicates that land under single ownership (whether in one tract or more than one tract) cannot be divided for the purposes of annexation without the consent of the property owner. The property owner does not wish to divide the property for the purposes of annexation. The property owner intends eventually to develop the area under a single unified planned unit development. The UGA Agreement also contains a provision prohibiting the County .from accepting a development application for property which is eligible for voluntary annexation iinto the city. The property owner could be placed in a development quandary if the City refuses to annex the area and the County refuses to accept a development application. The surrounding zoning and existing land uses are as follows: N: FA1, Farming County zoning and C, Commercial County zoning; undeveloped E: FA.1, Farming County zoning; farmland S: H-B, highway business with PU!D condition; Interstate Associates Annexation -undeveloped. C, Commercial County zoning; existing single family houses W: B-P, planned business with PUD condition; Highway I-25 Annexation and H-B, highway business with PUD condition;_ Interstate Lands Annexation -undeveloped. Galatia Annexation and September 24, 1990 P & Page 3 Zoning - #36-90, A Z Meeting The requested zoning for this annexation is the H-B, Highway Business with a PUD condition, I-P, Industrial Park with a POD condition, and the R-P, Planned Residential with a PUD condition Districts. The H-B District designation is for automobile -oriented businesses. The I-P District designation is for light industrial park areas containing controlled industrial uses. The I=P district is designed for industrial uses in proximity to areas zoned for residential use and along arterial streets. The R-P District designation is for residential areas planned as a unit to provide a variation in use and 'building placement. The ,property will probably eventually develop with a combination of auto related commercial businesses on the 28 acres• at the interchange of 1-25 and Prospect Road, a combination of light industrial uses on the 142.9 acres to the north and' east of the commercial uses, and a variety of residential uses on the eastern 64.5 acres. According to the City's LAND USE POLICIES PLAN, commercial, business, and industrial uses should locate near transportation facilities that offer the required access to the uses but will not create demands which exceed the capacity of the existing and future transportation network of the city. This site addresses these locational policies. There are no immediate development plans for the property. Findings The annexation of this area is consistent with the policies and agreements between Larimer County and the. City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS .,URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On October 18, 1990, the City Council will consider a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates the annexation process for this property by establishing the date, time and place when a public hearing will be held regarding the readings of the Ordinances annexing and zoning the area. Public hearing and first reading of the Ordinances annexing and zoning the property will be considered by the City Council in November, 1990. 4. The requested H-B, I-P, and R-P Districts are in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. Resolution 90-_ Finding Substantial Compliance and Initiating Annexation Proceedings for the Galatia Annexation. Staff recommends adoption of the Resolution. The applicant, Eldon Ward of Cityscape Urban Design, Inc., on behalf of the property owner, Galatia, a Colorado Partnership, George E. Pavlakis, Agent, has submitted a written petition requesting annexation of approximately 235.48 acres located east of I-25 and north of East Prospect Road. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. The property is divided by the current Fort Collins Urban Growth Area boundary. Approximately 78 acres (the eastern portion of the property) is located outside the UGA boundary. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City can consider the annexation property outside the UGA by giving the County sufficient notice (35 days) of the intent to annex the property. Annexation of property outside the UGA by the City of Fort Collins automatically amends the UGA boundary to conform to the boundaries of the annexation. This property is eligible for :annexation according to state law. The property gains the required 1,/6 contiguity to existing city limits from a common boundary with the Interstate Associates Annexation to the south and the Highway 1-25 Second Annexation to the west. In addition, C.R.S. 31-12-105 (1)(a)(b) of state law regarding annexations indicates that land under single ownership (whether in one tract or more than one tract) cannot be divided for the purposes of annexation without the consent of the property owner. The property owner does not wish to divide the property for the purposes of annexation. The property owner intends eventually to develop the area under a single unified, :planned, unit development. The applicant has submitted a letter (attached letter of September 6, 1990j containing information which should assist the Council in the consideration of this Resolution initiating the annexation ,process. The UGA Agreement also contains a provision prohibiting the County from accepting a development application for property which is eligible for voluntary annexation into the City. The property owner could be placed in a development quandary if the City refuses to annex the area and the County refuses to accept a development application. Plannine and Zoning Board Recommendation: The Planning :and Zoning Board, will conduct a public hearing on the request for annexation and zoning at its regular monthly meeting on September 24, 1990, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for the public hearing and first readings of the annexation and zoning ordinances. PETITION FOR ANNEXATION The undersigned 'hereby :petition the Council of the City of Font Collins, Colorado, for the annexation of an area, to be referred to as the Galatia Annexation to the City of Fort Collins. Said area, consisting of approximately 235.4Z8 acres, is more particularly described on Attachment "A", attached hereto. The petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 311-12-105, C.R.S., exist or have been met: 3. That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area .proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area ;proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the petitioners herein comprise more than fifty percent (50%) of the landowners in the. area and own more than fifty percent (50%) of the area to be annexed. excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets: or any other -services or utilities in connection with the property proposed to be annexed except as may be provided by the ordinances of the City of Fort Collins. Further, the petitioners consent pursuant to Section 37-4,5-136(3.6), C.R.S., to the inclusion of such property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. WHEREFORE, said petitioners request that the Council of the City of Fort Collins approve the annexation of said area. Furthermore, the petitioners request that said area be placed in the H.B. IP, RP, & T* Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. * HB, Highway Business 27.993 acres IP, Industrial Park 91.854 acres RP, Planned Residential 64.530 acres T, Transition 51.100 acres Please see the attached Legal Descriptions. DESCRIPTION A tract of land located in Section 15, l4, 22 and 23, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 15 as bearing North 00 13100" East from a found nail in bridge deck at the Southwest corner of said Section 15 to a Aluminum Cap at the West Quarter corner of said Section 15 and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 15; thence along the South line of said Southwest Quarter, :South 8'9' 5714811 East, 1201.96 feet to the POINT OF BEGINNING; thence, North 00'0211211 East, 30.00 feet to the Easterly right-of-way of Interstate Highway 25; thence along said right-of-way the following eight courses, North 8 SP 57148" West, 371.65 feet; thence, North 65' 48130" West, 112.20 feet; thence, South 81'5810011 West, 300.00 feet; thence, North 57' 20'00" West, 106.30 feet; thence, North 2e 21100" West, 459.00 feet; thence, North 26' 21100," West, 100.00 feet; thence, North Og'0910011 West, 202.70 feet; thence', North 0(? 121361 East, 1845.67 feet to the North line of the Southwest Quarter of said Section 15; thence departing said right-of-way and along said North line, South 89° 3715011'East, 2588.49 feet to the Northeast corner of said Southwest Quarter; thence along the East line of said Southwest Quarter, South 001 07144" West, 1331.:86 feet to the Northwest corner of the South Half of the Southeast Quarter of said Section 15 thence along the North line of the South Half of the Southeast Quarter of said Section 15 and the Easterly prolongation there of, South 8SP5011311 East, 2669.32 feet to the East right-of- way of the County Road -5; thence along said right-of-way, South 0(? 10150" West, 1355.87 feet to the South right-of-way of County Road 44; thence along said South right-of-way, North 81'5814411 West, 2668.01 feet,; thence, North 8SP 571481 West, 1453.81 feet; thence departing said South right-of-way, North 15'3711211 East, 31..14 feet to the Point of Beginning. EXCEPT: That tract of land described at reception number 88059158, recorded in Larimer County records. The above described tract contains 23.5.478 acres and is subject to all easements, rights -of -ways or restrictions now on record or existing:. APPROVED: This Plat to be know as the Galatia Annexation to the City of Fort Collins, Colorado, was: approved by action of the Planning and Zoning Board of the City of Fort Collins, Colorado at a regular meeting held on the day of , 199_. Secretary 11 HB ZONE DESCRIPTION A tract of land located in Section 15,, and 22, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows:: Considering the West line of the Southwest Quarter of said Section 15 as bearing North. 0(P 13' 00" East from a, found nail in bridge deck at the Southwest corner of said Section 15 to a Aluminum Cap at the West Quarter corner of said Section 15 and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 15; thence along the South line of said Southwest Quarter, South 8P 57148" East, 1201.96 feet to the POINT OF BEGINNING; thence, North 0(f 02112" East, 3'0.00 feet to the Easterly right-of-way of Interstate Highway 2'5 thence along said right-of-way the following eight courses, North 8P 57148" West, 371.65 feet; thence, North 65'4813011 West, 112.20 feet; thence, South 8P 58100" West, 3O0.00 feet; thence, North 57'20100" West, 106.30 feet; thence, North 20 2110011 West, 459.00 feet; thence, North 26' 2,1' 00" West, 100.00 feet; thence, North OP 0910011 West, 202.70 feet thence, North OT 12136" East, 604.00 feet to a point on the centerline described in Book 1531, Page 759, recorded in Larimer County Records; thence along said centerline the following five courses, South 5e 5110011 East, 932.90 feet; thence, South 67'5510011 East, 94.75 feet; thence, South 85° 0210011 East, 550.69 feet; thence, South 7e 221,0011 East, 157.24 feet; thence,, South 55'0110011 East, 52.51 feet; thence, South OP 22151" West, 791.67 feet to:a point on the South right-of-way of County Road 44, thence along said South right-of-way, North 8P 5714,811 West, 332.86 feet; thence, North 15' 37112" East, 31.14 feet to the Point of Beginning. EXCEPT: That tract of land described at reception number 88059,158, recorded in Larimer County records. The above described tract contains 27.993 acres and is subject to all easements, rights -of -ways or restrictions now on record or existing. ® 0 DESCRIPTION OF THE GALATIA ANNEXATION INDUSTRIAL PARK (IP) ZONING A tract of land located in Section 15 and 22, Township 7 North, Range 68 West of the 6th Principal Merdian, County of Larimer, State of Colorado, being more particularly described as follows;s Considering the West line of the Southwest Quarter of said Section 15 as bearing, North 00*1310011 East, from a found nail in bridge deck at the Southwest corner to a found Aluminum Cap at the West Quarter corner of said Section 15 and with all bearings contained herein relative thereto: Commence at the Southwest corner of said Section 15; thence along the South line of said Southwest Quarter, South 8905714841 East, 1531.39 feet, to the POINT OF BEGINNING; thence, North 09022151/1 East, 761.27 feet; thence, North 55*01100" West, 52.51 feet; thence, North 7602210011 West, 157.24 feet; thence, North 85002100/1 West, 550.69 feet; thence, North 67055100/1 West:, 94.75 feet; thence, North 54051100/1 West., 9.32.90 feet; thence, North 00012124/1 East, 1241.67 feet; thence, South 89037150/1 East,, 2039.68 feet thence, South 00022110/1 West, 438.64 feet; thence, South 43057146/1 West, 325.63 feet to a point of intersection with a non -tangent curve, concave Westerly, having a central angle of 96052105". a radius of 410.00 feet and the chord of bears South 02*2314811 West 613.52 feet thence along the arc of said curve 693.17 feet to the point of intersection with a non -tangent line:; thence, South 39010109/1 East, 247.94 feet to the beginning of a curve, concave Northeasterly, having a central angle of 15*3113110, a radius 610.00 feet and the chord of which bears South 46055154/1 East, 164.78 feet; thence along the arc of said curve 165.29 feet to the end of said curve; thence•, South 54*4114011 East, 287.94 feet; thence, South 35*1812011 West, 535.28 feet; thence, South 55001100" East, 724.81 feet; thence, South 00035110/1 East, 88.32 feet; thence, North 8905714811 West, 1120.915 feet; thence, North 09*2215111 East, 3.0.40 feet, to the Point of Beginning. The above described tract contains 91.854 acres more or less and is subject to all easements, rights -of ways and restrictions now on record or existing. 11/20/90 040-002 RP ZONE DESCRIPTION A tract of land located in Section 15, 14, 22 and 23, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, being more particularly described as follows: Considering the West line of the Southwest Quarter of said Section 15 as bearing North O(P 1300011 East,, from a found nail in bridge deck at the Southwest corner of said Section 15 to a Aluminum Cap at the West Quarter corner of said Section 15 and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 15; thence along the South line of said Southwest Quarter, South 8 S 57148" East, 1201.96 feet; thence., South 15' 37112" West, 31.14 feet to the South right-of-way of County Road 44; thence along said South right-of- way South 8SP 57148" East, 1453.81 feet; thence South 89° 58944" East, 451.78 feet to. the POINT OF BEGINNING; thence, North 00 O1116" East, 549..85 feet to a point on a curve concave to the Southeast having a central angle of 9( 0813011, a radius of 610.00 feet and the chord of which bears North 4 T 05031" East, 863.74 feet; thence along the arc of said curve 959.70 feet; thence, North 0(f 09147" East, 200.00 feet to a point on the North line of the South Half of the Southeast Quarter of said Section 15; thence along the North line of the South Half of said Southeast Quarter and the Easterly prolongation thereof, South 89q 50113" East, 1608.00 feet to the East right-of-way of the County Road 5; thence along said East right-of-way, South 0(P 10150" West, 1355.87 feet to the South right-of-way of County Road 44 thence along said South right-of-way, North 89P 58144" West, 2216.23 feet to the Point of Beginning. The above described tract contains 64.530 acres and is subject to all easements, rights -of -ways or restrictions now on record or existing.