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Home My WebLink AboutC17-272 Town of EagleAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE TOWN OF EAGLE FOR THE HARDSCRABBLE OPEN SPACE PROJECT THIS AGREEMENT (hereinafter "Agreement") is made this 07/26/2017 , by and between Eagle County, Colorado, a body corporate and politic, by and through its Board of Commissioners ("County") and the Town of Eagle, Colorado, a municipal corporation, by and through its Board of Trustees ("Town"). The County and Town shall together be referred to as the Parties. WHEREAS, The Conservation Fund has entered into an agreement or agreements to obtain title to an approximately 1540 -acre property described on Exhibit A and depicted on Exhibit B known as the Hardscrabble Ranch (hereinafter the "Property"); and WHEREAS, The Conservation Fund is willing to place a conservation easement on the Property that will protect in perpetuity the conservation values of the Property which include the significant wildlife and wildlife habitat that exists on the Property; and WHEREAS, preservation of the Property from development and management of the Property under the terms described herein will serve the purposes for which the Town of Eagle's Open Space Fund was established; and WHEREAS, the Town desires to contribute toward the acquisition and permanent preservation of the Property and related costs subject to the terms and conditions set forth herein. NOW THEREFORE, in consideration of mutual promises and covenants contained in this Agreement, the Parties agree as follows: 1. Fes. The Town will transfer to Land Title Guarantee Company prior to July 31, 2017, the sum of Six Hundred Thousand Dollars ($600,000.00) from the Town of Eagle Open Space Fund, which will be used to fund The Conservation Fund's purchase of the Property. The funds will be applied to the purchase price. The Town shall have no responsibility for any other payment in connection with the purchase of the Property. In the event that the Property is not purchased, the entire $600,000 will be refunded to the Town. 2. Conservation Easement and Management Plan. Town staff shall be entitled to review and reasonably comment on the form of conservation easement to be recorded against the Property prior to its execution. Town staff shall also be entitled to participate in the preparation of the management plan for the Property recognizing that the management plan will likely represent a balance between different views and uses that might occur on the Property. The Town staff will timely provide its comments on the conservation easement and management plan to the County recognizing that the time for reviewing the document may be limited and that County will have final authority for approving the form of conservation easement and management plan. Further, the Town acknowledges that the form of conservation easement is subject to review and approval by Great Outdoors Colorado and language required by Great Outdoors C17-272 Colorado will be incorporated into the conservation easement and will not be subject to modification. The Town acknowledges that the Property may be operated as a working ranch and may allow for access by the public in connection with certain recreational activities. To that end, the conservation easement will identify conservation values and will include, among other things, the following conditions and restrictions: (a) identification as a conservation value the significant wildlife and wildlife habitat existing on the Property; and (b) subject to operation of the Property as a working ranch, those portions of the Property identified for public recreation and access may be closed on a seasonal basis to public recreation as recommended by Colorado Parks and Wildlife or as determined necessary to protect wildlife. Miscellaneous Provisions. a. The Conservation Fund intends to convey title to the Property to Eagle County at a later date, and upon acquisition by The Conservation Fund, the County, as well as those who have or may agree in writing with County, will be responsible for all expenses associated with ownership, operation and management of the Property. The Town, at the discretion of the Board of Trustees, may allocate funds or personnel time in the future towards the operation and management of the Property, but is not obligated to do so by this Agreement. b. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any federal law or law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties hereto shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. C. Nothing in this Agreement is intended to create or grant to any third party or person any right or claim for damages or the right to bring or maintain any action at law. d. The County and the Town do not waive any immunity at law including immunity granted under the Colorado Governmental Immunities Act. e. This Agreement is intended as the complete integration of all understandings between the Parties and constitutes the entire agreement between the Parties. f. This Agreement may be changed or modified by written agreement of the parties. g. Any notices or other communications required or permitted to be given hereunder shall be given in writing and delivered personally, by U.S. mail, or by electronic mail to the attention of the individuals below, or to such other addresses as any other parties designate by written notice. Notice shall be deemed given on the date of personal delivery or electronic mailing, or five (5) days from the date of mailing by U.S. mail. Notice to Town: Town of Eagle c/o Town Manager 200 Broadway P.C. Box 609 Eagle, CO 81361 Notice to Eagle County: Toby SpYunk, Open Space Director P.D. Box 179 500 Broadway Eagle, CO 81631 Toby.Spnink@ea lg ecounty.us Phone: 970-328-8698 Beth Oliver, Interim County Attorney P.D. Box 850 500 Broadway Eagle, CO 81631 Beth -Oliver@eaglecounty.us Phone: 970-328-8686 h. Notwithstanding anything to the contrary contained in this Agreement, no payment will be made for any obligation set forth herein and for any period after December 31st of any calendar year without the written approval in accordance with a budget adopted by the Eagle County Board of County Commissioners in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). Similarly, no payment will be made for any obligation set forth herein and for any period after December 31' of any calendar year without the written approval in accordance with a budget adopted by the Town Board of Trustees in compliance with Article 20 of Title 31 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S., § 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Section 20). The recitals set forth above are incorporated herein by reference. [Signature Page to Follow] IN WITNESS WHEREOF, this Agreement is entered into the day and year first above written. Attest s. s u�e 090 Regina O'Brien, Clerk to the Board ATTEST: OF Eat • 0. - Jenny ; Jenny Rakow, Town Clerk COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By:Lc;�& -- Jillian H. Ryan, Chair TOWN OF EAGLE, COLORADO, a municipal corporation, acting by and through its Board of Trustees B 4411 Y Anne McKibbin, Mayor Exhibit A Description of Property PARCEL 1: SALT CREEK LOT 1, AND TRACTS A, B, C AND D, AND ADAM'S RIB RANCH ROAD PRIVATE RDW, FROST CREEK AND SALT CREEK PUD, FILING NO. 2, SALT CREEK, ACCORDING TO THE PLAT RECORDED JULY 8, 2008 AT RECEPTION NO. 200814345, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2: UPPER RANCH A PARCEL OF LAND LOCATED IN TRACTS 61, 62, 63, 64, 65, 67 AND 69 AND LOTS 2,3 AND 4 OF SECTION 14, IN SECTIONS 2, 10, 11, 12, 13, 14 AND 15, TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, WITH THE BEARINGS SHOWN HEREON, BASED ON A BEARING OF N01 °01'34"W FOR THE 2-3 LINE OF SAID TRACT 69 BETWEEN CORNERS NO. 2 & 3, BOTH BEING 2 112" GLO BRASS CAP MONUMENTS ON 1" IRON PIPE, FOUND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT SAID CORNER NO. 2 OF TRACT 69 ALSO BEING CORNER NO. 5 OF SAID TRACT 63, CORNER NO.4 OF TRACT 60 IN SAID TOWNSHIP AND RANGE AND CORNER NO. 7 OF TRACT 88 IN SAID TOWNSHIP AND RANGE; THENCE ALONG THE 4-5 LINE OF SAID TRACT 63 N 000 25'57"E, 1376.14 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED AUGUST 24, 2005 AT RECEPTION NO. 927202 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE, EAGLE, COLORADO, FROM WHICH CORNER NO. 5, BEING A 3 112" ALUMINUM CAP MONUMENT ON #5 REBAR IN CONCRETE, FOUND IN PLACE, OF SAID TRACT 63 BEARS NOW 25'57"E, 32.94 FEET; THENCE ALONG SAID PARCEL BOUNDARY THE FOLLOWING THIRTEEN (13) COURSES: 1)S 630 53'22"E, 98.91 FEET; 2)S 570 28'07"E, 17.09 FEET; 3)S 43° 41'12"E, 311.25 FEET; 4)S 43° 18'30"E, 471.12 FEET; 5)S 440 46'44"E, 97.90 FEET; 6)S 470 15127"E, 52.82 FEET; 7)S 550 20'50'E, 61.81 FEET; S)S 650 35'39"E, 53.04 FEET; 9)S 690 00'09"E, 48.79 FEET; 10) S 790 41'31"E, 89.23 FEET; 11)S 79° 11'51 "E, 197.18 FEET; 12) S 79° 30'59"E, 166.80 FEET; 13) N 00° 02'37"E, 4743.42 FEET TO A POINT ON THE 1-2 LINE OF SAID TRACT 62; THENCE ALONG SAID 1-2 LINE S89 DEGREES 57'23"E, 1461.13 FEET TO CORNER NO. 1 OF SAID TRACT 62, BEING A GLO 2 112" BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE; THENCE ALONG THE 1-6 LINE OF SAID TRACT 62 S00 DEGREES 12' 12"E, 2586.67 FEET TO CORNER NO. 6 OF SAID TRACT 62, CORNER NO. 1 OF SAID TRACT 63 AND CORNER NO. 2 OF SAID TRACT 64, BEING A 2 112" ALUMINUM CAP MONUMENT ON #6 REBAR, PE/PLS #23089, SET IN PLACE; THENCE ALONG THE 1-2 LINE OF SAID TRACT 64 N89 DEGREES 06'20"E, 2795.86 FEET TO CORNER NO. 1 OF SAID TRACT 64 AND CORNER NO. 2 OF SAID TRACT 65, BEING A GLO 2 112" BRASS CAP MONUMENT ON 1 " IRON PIPE, FOUND IN PLACE; THENCE ALONG THE 1-2 LINE OF SAID TRACT 65 N89 DEGREES 46'35"E, 2641.57 FEET TO CORNER NO. 1 OF SAID TRACT 65, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE; THENCE ALONG THE 1-6 LINE OF SAID TRACT 65 SUU DEGREES 04'57"E, 1322.37 FEET TO CORNER NO.6 OF SAID TRACT 65, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE; THENCE ALONG THE 5-6 LINEOF SAID TRACT 65 S89 DEGREES 44'17"W, 131$.79 FEET TO CORNER NO. 5 OF SAID 65, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1" IRON PIPE; THENCE ALONG THE 4-5 LINE OF SAID TRACT 65 S02 DEGREES 13'30"E, 2691.91 FEET TO CORNER NO. 4 OF SAID TRACT 65, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1 " REBAR, FOUND IN PLACE; THENCE ALONG THE 3-4 LINE OF SAID TRACT 65 ALSO BEING THE 1-2 LINE OF TRACT 66 IN SAID TOWNSHIP AND RANGE N89 DEGREES 29'57"W, 1395.64 FEET TO CORNER NO. 3 OF SAID TRACT 65, CORNER NO. 2 OF SAID TRACT 66, CORNER NO. 6 OF SAID TRACT 64 AND CORNER NO. I OF SAID TRACT 67, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1 " IRON PIPE, FOUND IN PLACE; THENCE ALONG THE 5-6 LINE OF SAID TRACT 64 ALSO BEING THE 1-2 LINE OF SAID TRACT 67 N89 DEGREES 29'10"W, 1396.79 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY FOR BRUSH CREEK ROAD (EAGLE COUNTY ROAD P-307); THENCE DEPARTING SAID 1-2 LINE AND ALONG SAID RIGHT- OF -WAY S00 DEGREES 04'25"E, 388.84 FEET; THENCE N40 DEGREES 22'23"W, 29.89 FEET TO A POINT ON THE 2-3 LINE OF SAID TRACT 67 ALSO BEING THE 1-6 LINE OF SAID TRACT 69; THENCE DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID 1-6 LINE S00 DEGREES 04'25"E, 978.80 FEET TO CORNER NO.6 OF SAID TRACT 69, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE; THENCE ALONG THE EAST LINE OF SAID LOT 4 S00 DEGREES 09' 13"E, 311.53 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4; THENCE ALONG THE SOUTH LINE OF SAID LOTS 2,3 AND 4 N89 DEGREES 58'23"W, 3862.84 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 14, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1'" IRON PIPE, FOUND IN PLACE; THENCE ALONG THE WEST LINE OF SAID SECTION 14 N00 DEGREES 0$'47"W, 302.92 FEET TO A POINT ON THE 3-4 LINE OF SAID TRACT 88, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, STAMPED CC88115/14, FOUND IN PLACE; THENCE ALONG SAID 3-4 LINE N89 DEGREES 32' 12"E, 1056.88 FEET TO CORNER NO. 4 OF SAID TRACT 88, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1' IRON PIPE, FOUND IN PLACE; THENCE ALONG THE 4-5 LINE OF SAID TRACT 88 N00 DEGREES 03'05"W, 1360.53 FEET TO CORNER NO. 5 OF SAID TRACT 88 ALSO BEING A POINT ON THE 3-4 LINE OFSAID TRACT 69, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1" REBAR, FOUND IN PLACE; THENCE ALONG SAID 3-4 LINE N89 DEGREES 27'38"W, 1408.71 FEET TO CORNER NO. 3 OF SAID TRACT 69 ALSO BEING CORNER NO. 6 OF SAID TRACT 88, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE; THENCE N01 DEGREES 01'34"W, 1261.15 FEET TO THE POINT OF BEGINNING. PARCEL 3: LOWER RANCH A PARCEL OF LAND LOCATED IN TRACTS 67,72 AND 73, IN SECTIONS 13, 14, 23 AND 24, TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, WITH THE BEARINGS SHOWN HEREON, BASED ON A BEARING OF S00 DEGREES 02'41 "E FOR THE 2-3 LINE OF TRACT 68, TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BETWEEN CORNER NO. 3 OF SAID TRACT 67 ALSO BEING CORNER NO. 2 OF SAID TRACT 68 AND CORNER NO. 3 OF SAID TRACT 68 ALSO BEING CORNER NO. 2 OF SAID TRACT 72, BOTH BEING A 2 112" GLO BRASS CAP MONUMENTS ON V IRON PIPE, FOUND IN PLACE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SAID CORNER NO. 3 OF TRACT 67 FROM WHICH SAID CORNER NO. 3 OF TRACT 68 BEARS S00 DEGREES 02'41"E, 1388.85 FEET; THENCE ALONG THE 2-3 LINE OF SAID TRACT 67 N00 DEGREES 09'13"W, 1316.78 FEET TO CORNER NO. 6 OF TRACT 69, TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING A 2 112" GLO BRASS CAP MONUMENT ON V IRON PIPE, FOUND IN PLACE; THENCE CONTINUING ALONG THE 2-3 LINE OF SAID TRACT 67 ALSO BEING THE 1-6 LINE OF SAID TRACT 69 N00 DEGREES 04'25"W, 948.45 FEET TO A POINT ON THE CENTERLINE OF BRUSH CREEK ROAD (EAGLE COUNTY ROAD P-307); THENCE DEPARTING SAID 2-3 LINE AND ALONG SAID CENTERLINE THE FOLLOWING TWENTY (20) COURSES: 1) S40 DEGREES 19'47"E, 545.75 FEET; 2) ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 224.37 FEET, A RADIUS OF 607.37 FEET, A TANGENT OF 113.48 FEET, A DELTA OF 21 DEGREES 09'56" AND A CHORD OF 223.09 FEET THAT BEARS S50 DEGREES 54'45"E; 3) S61 DEGREES 29'43"E, 167.42 FEET; 4) ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 229.50 FEET, A RADIUS OF 997.15 FEET, A TANGENT OF 115.26 FEET, A DELTA OF 13 DEGREES 11'13" AND A CHORD OF 228.99 FEET THAT BEARS S54 DEGREES 54'07"E; 5) S48 DEGREES I8'30"E, 553.16 FEET; 6) ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 80.96 FEET, A RADIUS OF 2299.07 FEET, A TANGENT OF 40.48 FEET, A DELTA OF 2 DEGREES 01 '03" AND A CHORD OF 80.96 FEET THAT BEARS S47 DEGREES 17'59"E, 7) S46 DEGREES 1727"E, 555.64 FEET; 8) ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 172.19 FEET, A RADIUS OF 484.96 FEET, A TANGENT OF 87.01 FEET, A DELTA OF 20 DEGREES 20'36" AND A CHORD OF 171.28 FEET THAT BEARS S36 DEGREES 07'09"E; 9) S25 DEGREES 56'51"E, 60.28 FEET; 10) ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 174.52 FEET, A RADIUS OF 1090.26 FEET, A TANGENT OF 87.45 FEET, A DELTA OF 9 DEGREES 10' 17" AND A CHORD OF 174.34 FEET THAT BEARS S21 DEGREES 21 '43"E; 11) S 16 DEGREES 46'34"E, 94.78 FEET; 12) ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 182.18 FEET, A RADIUS OF 1297.57 FEET, A TANGENT OF 91.24 FEET, A DELTA OF 8 DEGREES 02"40" AND A CHORD OF 182.03 FEET THAT BEARS S12 DEGREES 45'14"E; 13) S08 DEGREES 43'54"E, 93.72 FEET; 14) ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 103.42 FEET, A RADIUS OF 780.12 FEET, A TANGENT OF 51.78 FEET, A DELTA OF 7 DEGREES 35'44" AND A CHORD OF 103.34 FEET THAT BEARS S 12 DEGREES 31'46"E; 15) S16 DEGREES 19'38"E, 419.17 FEET; 16) ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 219.83 FEET, A RADIUS OF 418.98 FEET, A TANGENT OF 112.51 FEET, A DELTA OF 30 DEGREES 03' 41" AND A CHORD OF 217.31 FEET THAT BEARS S31 DEGREES 21'28"E; 17) S46 DEGREES 23'19"E, 201.67 FEET; 18) ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 218.81 FEET, A RADIUS OF 495.09 FEET, A TANGENT OF 111.22 FEET, A DELTA OF 25 DEGREES 19'23" AND A CHORD OF 217.04 FEET THAT BEARS S33 DEGREES 43'37"E; 19) S21 DEGREES 03'56"E, 149.13 FEET; 20) ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 177.96 FEET, A RADIUS OF 806.14 FEET, A TANGENT OF 89.34 FEET, A DELTA OF 12 DEGREES 38'53" AND A CHORD OF 177.60 FEET THAT BEARS S 14 DEGREES 44'29"E TO A POINT ON THE 5-6 LINE OF SAID TRACT 67 ALSO BEING THE 1-2 LINE OF SAID TRACT 73; THENCE ALONG SAID 5-6 LINE AND DEPARTING SAID CENTERLINE S89 DEGREES 49'34"E, 37.02 FEET TO A POINT ON THE EASTERLY RIGHT -OF- WAY LINE OF SAID BRUSH CREEK ROAD (EAGLE COUNTY ROAD P-307); THENCE DEPARTING SAID 5-6 LINE AND ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING SIX (6) COURSES: 1) ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 102.95 FEET, A RADIUS OF 506.69 FEET, A TANGENT OF 51.65 FEET, A DELTA OF 11 DEGREES 38'27" AND A CHORD OF 102.77 FEET THAT BEARS S02 DEGREES 56'23"E; 2) S02 DEGREES 52'50"W, 262.58 FEET; 3) ALONG A CURVE TO THE LEFT HAVING A LENGTH OF 107.34 FEET, A RADIUS OF 491.67 FEET, A TANGENT OF 53.88 FEET, A DELTA OF 12 DEGREES 30'30" AND A CHORD OF 107.12 FEET THAT BEARS S03 DEGREES 22'25"E; 4) S09 DEGREES 3740"E, 217.68 FEET; 5) ALONG A CURVE TO THE RIGHT HAVING A LENGTH OF 347.37 FEET, A RADIUS OF 5759.58 FEET, A TANGENT OF 173.74 FEET, A DELTA OF 3 DEGREES 27'20" AND A CHORD OF 347.31 FEET THAT BEARS S07 DEGREES 54'00"E; 6) S06 DEGREES 10'20"E, 449.21 FEET TO A POINT ON THE 1-4 LINE OF SAID TRACT 73; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND ALONG SAID 1- 4 LINE S00 DEGREES 04'03"E, 1185.38 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY LINE OF LADYBELLE VIEW SUBDIVISION (AMENDMENT NO. 1) AS DESCRIBED ON THE PLAT RECORDED JUNE 27, 1988 IN BOOK 486 AT PAGE 312 AT THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE, EAGLE, COLORADO; THENCE DEPARTING SAID 1-4 LINE N89 DEGREES 57'53 "W, 2813.65 FEET ALONG SAID NORTHERLY LINE TO A POINT ON THE 2-3 LINE OF SAID TRACT 72 ALSO BEING THE NORTHWEST CORNER OF SAID SUBDIVISION AND BEING A 1 114" RED PLASTIC CAP MONUMENT ON #5 REBAR, PLS # 19598, FOUND IN PLACE; THENCE ALONG SAID 2-3 LINE N00 DEGREES 31'26"E, 1409.12 FEET TO A POINT FROM WHICH SAID CORNER NO. 2 OF TRACT 72 ALSO BEING SAID CORNER NO. 3 OF TRACT 68 AND THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN DEED RECORDED OCTOBER 2, 1990 IN BOOK 539 AT PAGE 285 AT SAID CLERK AND RECORDER'S OFFICE BEARS NOO DEGREES 31'26"E, 1207.85 FEET; THENCE DEPARTING SAID 2-3 LINE AND ALONG THE SOUTHERLY LINE OF SAID PARCEL N87 DEGREES 52'44"E, 1079.94 FEET; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL THE FOLLOWING TWENTY-THREE (23) COURSES: 1) N 10 DEGREES 43-06"E, 181.90 FEET; 2) N0S DEGREES 26'04"E, 123.59 FEET; 3) N06 DEGREES 11' 16"E, 83.07 FEET; 4) N04 DEGREES 47'55"W, 65.56 FEET; 5) N21 DEGREES 40'43"W, 57.25 FEET; 6) N19 DEGREES 29'21 "W, 84.99 FEET; 7) N17 DEGREES 40'16"W, 106.50 FEET; 8) NI I DEGREES 39'56"W, 71.67 FEET; 9) N46 DEGREES 59'33"E, 58.02 FEET; 10) N58 DEGREES 34'52"E, 53.93 FEET; 11) NS 1 DEGREES 35'30"E, 51.34 FEET; 12) S72 DEGREES 27'32"E, 46.45 FEET; 13) S61 DEGREES 27'34"E, 122.02 FEET; 14) S68 DEGREES 36'16"E, 111.63 FEET; 15) S77 DEGREES 41'55"E, 52.03 FEET; 16) S86 DEGREES 37'40"E; 124.60 FEET; 17) S71 DEGREES 24'00"E, 72.14 FEET; 18) S76 DEGREES 37b1"E, 51.27 FEET; 19) N69 DEGREES 04'44"E, 42.22 FEET; 20) NI I DEGREES 48'38"E, 39.85 FEET; 21) NIS DEGREES 13'35"W, 95.23 FEET; 22) N12 DEGREES 04' 19"W, 377.96 FEET; 23) ALONG A NON -TANGENT CURVE TO THE RIGHT HAVING A LENGTH OF 74.73 FEET, A RADIUS OF 144.63 FEET, A TANGENT OF 38.22 FEET, A DELTA OF 29 DEGREES 36'21" AND A CHORD OF 73.90 FEET THAT BEARS N59 DEGREES 03'45 "W TO A POINT ON THE 1-2 LINE OF SAID TRACT 73 ALSO BEING THE 5-6 LINE OF SAID TRACT 67 AND THE NORTHEAST CORNER OF SAID PARCEL; THENCE ALONG SAID 5-6 LINE AND THE NORTHERLY LINE OF SAID PARCEL N89 DEGREES 49'34"W, 301.08 FEET TO CORNER NO. 5 OF SAID TRACT 67, BEING A 2 112" GLO BRASS CAP MONUMENT ON 1" IRON PIPE, FOUND IN PLACE; THENCE ALONG THE 4-5 LINE OF SAID TRACT 67 N00 DEGREES 02' 10"W, 1382.72 FEET TO CORNER NO. 4 OF SAID TRACT 67, BEING A 2 112" ALUMINUM CAP ON #6 REBAR, PE/PLS #23089, SET IN PLACE; THENCE ALONG THE 3-4 LINE OF SAID TRACT 67 SSS DEGREES 08'29"W, 1290.58 FEET TO THE POINT OF BEGINNING. 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