ORDINANCE NO. 2016-21              

 

 

AN ORDINANCE AMENDING THE LEGAL DESCRIPTION FOR THE ZONING OF PROPERTY ANNEXED TO THE TOWN OF KEENESBURG AND KNOWN AS THE SCHOOL DISTRICT RE-3J ANNEXATION

WHEREAS, a petition for serial, flagpole annexation of certain unincorporated property, known as the School District RE-3J Annexation No. 1, 2, 3, 4, 5, 6, & 7 (the “School District RE-3J Annexation”), was filed with the Board of Trustees of the Town of Keenesburg; and

 

WHEREAS, on March 14, 2016, the Board of Trustees of the Town of Keenesburg held a duly-noticed public hearing to consider the proposed zoning for this annexation, notice of which hearing was published on January 5 and February 1, 8 and 15, 2016 in the Greeley Tribune; and

 

WHEREAS, the published notice of public hearing included individual legal descriptions for each of the seven annexations in this serial annexation, and also provided an approximate location of the property being considered for the zoning request; and

 

WHEREAS, in accordance with C.R.S. § 31-12-105(1)(e.3), additional mailed notice was provided to property owners abutting County Road 57, north of Highway 52, and Highway 52 between County Road 57 and County Road 59, graphically showing the proposed annexation on a vicinity map that accompanied the letter, and advising such property owners that they had a right to petition the Town for annexation in accordance with the statutory procedures; and

 

WHEREAS, the Board of Trustees of the Town of Keenesburg annexed by a series of seven ordinances that certain property known as the School District RE-3J Annexation; and

 

WHEREAS, by Ordinance No. 2016-13, the Board of Trustees zoned such property Public Zone District (PZ) pursuant to the zoning ordinances of the Town; and

 

WHEREAS, the Town Engineer thereafter discovered a typographical error in the last call of the legal description for Annexation No. 6 that caused a mis-closure, but did not affect the size or described location of the property; and

 

WHEREAS, the Board finds that the nature of the typographical error is such that the legal description did not erroneously describe the area, nor did it cause the boundary of the property subject to the zoning request by the Town to be indefinite or uncertain; and

 

WHEREAS, the Board further finds that no interested person reviewing the notices of the proposed zoning and of the hearing that was held by the Board on the proposed zoning would have reasonably been misled or otherwise not understood what property was being zoned and where such property was located, and that therefore no rights of any person to appear at and participate in the zoning hearing were impacted by the typographical error; and

 

WHEREAS, the Board desires by this ordinance to replace the legal description in the ordinance zoning the property annexed to the Town and known as the School District RE-3J Annexation and to direct Town staff to record this ordinance and take all other actions necessary to accurately reflect the area zoned.

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:

 

Section 1.       The Public Zone District (PZ) zoning of that certain property contained within the School District RE-3J Annexation to the Town of Keenesburg, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby approved and ratified.

 

Section 2.       This ordinance shall be recorded with the Weld County Clerk and Recorder. Town staff is further authorized and instructed to take all other actions necessary to accurately reflect the zoning approved for the School District RE-3J Annexation.

 

Section 3.       Ordinance No. 2016-13 is hereby repealed to the extent such ordinance incorporates the incorrect legal description for Annexation No. 6 attached as Exhibit A thereto.

 

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 19th day of September, 2016.

 

TOWN OF KEENESBURG, COLORADO

 

 

_____________________________________

Danny Kipp, Mayor

 

ATTEST:

 

 

 

 

 

______________________________

Toni Pearl, Town Clerk

 

9/12/2016 4:33 PM [kmk] R:KeenesburgAnnexationWeld Central ComplexZoning Ord Corrected Legal.doc

 


 

EXHIBIT A – LEGAL DESCRIPTION

 

 

ANNEXATION NO. 1:

 

A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

 

CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR SOUTH 89°27'38" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

 

BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 34; THENCE SOUTH 10°43'24" WEST, A DISTANCE OF 75.00 FEET; THENCE NORTH 12°21'02" WEST, A DISTANCE OF 75.00 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE NORTH 89°11'11" EAST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING.

 

SAID PARCEL CONTAINS 1,102 SQUARE FEET OR 0.025 ACRES, MORE OR LESS.

 

ANNEXATION NO. 2:

 

A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

 

CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR SOUTH 89°27'38" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

 

BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 34; THENCE SOUTH 01°51'39" WEST, A DISTANCE OF 374.20 FEET; THENCE NORTH 02°44'06" WEST, A DISTANCE OF 374.00 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE SOUTH 12°21'02" EAST, A DISTANCE OF 75.00 FEET; THENCE NORTH 10°43'24" EAST, A DISTANCE OF 75.00 FEET TO THE TRUE POINT OF BEGINNING.

 

SAID PARCEL CONTAINS 4,505 SQUARE FEET OR 0.103 ACRES, MORE OR LESS.

 

ANNEXATION NO. 3:

 

A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

 

CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR SOUTH 89°27'38" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

 

BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 34; THENCE SOUTH 00°21'14" EAST, A DISTANCE OF 1870.00 FEET; THENCE NORTH 01°16'24" WEST, A DISTANCE OF 1870.00 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE SOUTH 02°44'06" EAST, A DISTANCE OF 374.00 FEET; THENCE NORTH 01°51'39" EAST, A DISTANCE OF 374.20 FEET TO THE TRUE POINT OF BEGINNING.

 

SAID PARCEL CONTAINS 22,442 SQUARE FEET OR 0.515 ACRES, MORE OR LESS.

 

ANNEXATION NO. 4:

 

A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 2 NORTH, THE WEST 1/2 OF SECTION 2, THE EAST 1/2 OF SECTION 3, AND THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 1 NORTH, ALL IN RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

 

CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR SOUTH 89°27'38" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

 

BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 34; THENCE SOUTH 00°44'34" EAST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, A DISTANCE OF 2602.99 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 14; THENCE NORTH 89°11'15" EAST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 29.38 FEET TO THE NORTHERLY EXTENSION OF THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 57; THENCE SOUTH 02°00'26" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 2645.32 FEET; THENCE SOUTH 02°00'27" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 2549.32 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING NINE (9)

COURSES AND DISTANCES:

 

1) NORTH 89°27'38" EAST, A DISTANCE OF 98.51 FEET;

2) NORTH 00°32'22" WEST, A DISTANCE OF 75.60 FEET;

3) NORTH 89°27'38" EAST, A DISTANCE OF 264.20 FEET;

4) SOUTH 43°38'48" WEST, A DISTANCE OF 171.80 FEET;

5) SOUTH 38°25'27" WEST, A DISTANCE OF 0.42 FEET;

6) NORTH 89°27'38" EAST, A DISTANCE OF 131.24 FEET;

7) NORTH 45°15'53" EAST, A DISTANCE OF 104.00 FEET;

8) SOUTH 00°32'22" EAST, A DISTANCE OF 72.50 FEET;

9) NORTH 89°27'38" EAST, A DISTANCE OF 200.00 FEET; THENCE SOUTH 85°53'35" EAST, A DISTANCE OF 519.10 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2; THENCE SOUTH 85°01'54" WEST, A DISTANCE OF 518.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES AND DISTANCES:

 

1) SOUTH 89°27'38" WEST, A DISTANCE OF 508.55 FEET;

2) SOUTH 58°55'20" WEST, A DISTANCE OF 44.68 FEET;

3) SOUTH 81°00'31" WEST, A DISTANCE OF 131.30 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 00°42'33" WEST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 82.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 11; THENCE, NORTH 02°00'27" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2, A DISTANCE OF 2638.55 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 2; THENCE NORTH 02°00'26" WEST, COINCIDENT WITH THE NORTHWEST 1/4 OF SAID SECTION 2, A DISTANCE OF 2585.93 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 14; THENCE SOUTH 89°11'57" WEST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.66 FEET TO THE SOUTHERLY EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 57; THENCE NORTH 00°44'37" WEST, COINCIDENT WITH SAID WEST RIGHT-OF-WAY LINE AND THE SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 2662.98 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 34; THENCE SOUTH 01°16'24" EAST, A DISTANCE OF 1870.00 FEET; THENCE NORTH 00°21'14" WEST, A DISTANCE OF 1870.00 FEET TO THE TRUE POINT OF BEGINNING.

 

SAID PARCEL CONTAINS 379,170 SQUARE FEET OR 8.705 ACRES, MORE OR LESS.

 

ANNEXATION NO. 5:

 

A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 2, AND THE NORTH 1/2 OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

 

CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR SOUTH 89°27'38" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

 

COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 2; THENCE NORTH 01°44'32" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 2, A DISTANCE OF 75.02 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52 AND THE TRUE POINT OF BEGINNING; THENCE COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING EIGHT (8) COURSES AND DISTANCES:

 

1) SOUTH 89°27'38" WEST, A DISTANCE OF 163.45 FEET;

2) NORTH 65°17'22" WEST, A DISTANCE OF 35.32 FEET;

3) SOUTH 89°27'38" WEST, A DISTANCE OF 600.00 FEET;

4) SOUTH 63°52'38" WEST, A DISTANCE OF 34.89 FEET;

5) SOUTH 89°27'38" WEST, A DISTANCE OF 941.02 FEET;

6) SOUTH 45°20'34" WEST, A DISTANCE OF 21.49 FEET;

7) SOUTH 89°27'38" WEST, A DISTANCE OF 62.10 FEET;

8) SOUTH 79°15'38" WEST, A DISTANCE OF 101.60 FEET; THENCE SOUTH 85°53'35" EAST, A DISTANCE OF 519.10 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2; THENCE SOUTH 85°01'54" WEST, A DISTANCE OF 518.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FOUR (4) COURSES AND DISTANCES:

 

1) SOUTH 79°13'52" EAST, A DISTANCE OF 102.00 FEET;

2) NORTH 89°27'38" EAST, A DISTANCE OF 300.00 FEET;

3) NORTH 78°09'08" EAST, A DISTANCE OF 102.00 FEET;

4) NORTH 89°27'38" EAST, A DISTANCE OF 1445.60 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 11; THENCE SOUTH 00°02'55" WEST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 60.00 FEET; THENCE NORTH 79°54'56" EAST, A DISTANCE OF 600.00 FEET TO THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 83°16'25" WEST, A DISTANCE OF 597.04 FEET TO THE TRUE POINT OF BEGINNING.

 

SAID PARCEL CONTAINS 268,358 SQUARE FEET OR 6.161 ACRES, MORE OR LESS.

 

ANNEXATION NO. 6:

 

A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 2, AND THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

 

CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR SOUTH 89°27'38" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

 

COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE NORTH 29°08'49" WEST, A DISTANCE OF 85.47 FEET TO THE NORTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°30'35" WEST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 2601.28 FEET; THENCE SOUTH 83°16'25" EAST, A DISTANCE OF 597.04 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 2; THENCE SOUTH 79°54'56" WEST, A DISTANCE OF 600.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE NORTH 89°30'35" EAST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 887.75 FEET TO THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED NOVEMBER 9, 1970 AS RECEPTION NO. 1557166 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°16'30" EAST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 137.97 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH 89°45'32" EAST, COINCIDENT WITH THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 481.20 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE NORTH 13°04'58" WEST, COINCIDENT WITH THE EAST LINE OF SAID PARCEL, A DISTANCE OF 143.51 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE NORTH 89°30'35" EAST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 23.86 FEET TO THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED FEBRUARY 8, 1962 AS RECEPTION NO. 1374115 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE NORTH 11°08'31" WEST, COINCIDENT WITH SAID WEST LINE, A DISTANCE OF 50.89 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE NORTH 89°45'32" EAST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 1260.31 FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 05°26'41" WEST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 130.96 FEET TO THE TRUE POINT OF BEGINNING.

 

SAID PARCEL CONTAINS 409,928 SQUARE FEET OR 9.411 ACRES, MORE OR LESS.

 

ANNEXATION NO. 7:

 

A PARCEL OF LAND LOCATED IN THE THE NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

 

CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P.M. TO BEAR SOUTH 89°27'38" WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;

 

COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 11; THENCE SOUTH 89°06'09" WEST, COINCIDENT WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 59 AND THE TRUE POINT OF BEGINNING. THENCE NORTH 00°49'26" WEST, COINCIDENT WITH SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2640.36 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HIGHWAY NO. 52; THENCE SOUTH 89°45'32" WEST, COINCIDENT WITH SAID SOUTH LINE, A DISTANCE OF 1290.31 FEET TO THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED FEBRUARY 8, 1962 AS RECEPTION NO. 1374115 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE COINCIDENT WITH SAID WEST LINE THE FOLLOWING THREE (3) COURSES AND DISTANCES:

 

1) SOUTH 11°08'31" EAST, A DISTANCE OF 211.29 FEET;

2) SOUTH 10°45'21" EAST, A DISTANCE OF 258.00 FEET;

3) SOUTH 10°51'38" EAST, A DISTANCE OF 254.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL, ALSO BEING THE NORTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED JUNE 19, 1979 AS RECEPTION NO. 1794263 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE COINCIDENT WITH THE WEST AND SOUTH LINE OF SAID PARCEL THE FOLLOWING SIX (6) COURSES AND DISTANCES:

 

1) SOUTH 05°14'55" EAST, A DISTANCE OF 49.14 FEET;

2) SOUTH 00°56'36" EAST, A DISTANCE OF 1189.43 FEET;

3) SOUTH 53°07'01" EAST, A DISTANCE OF 230.06 FEET;

4) SOUTH 49°17'01" EAST, A DISTANCE OF 779.45 FEET;

5) SOUTH 51°29'21" EAST, A DISTANCE OF 71.68 FEET;

6) NORTH 89°06'09" EAST, A DISTANCE OF 306.50 FEET TO THE TRUE POINT OF BEGINNING.

 

SAID PARCEL CONTAINS 2,740,686 SQUARE FEET OR 62.918 ACRES, MORE OR LESS.

 

ANNEXATIONS 1, 2, 3, 4, 5, 6 AND 7 CONTAIN A TOTAL AREA OF 3,826,191 SQUARE FEET OR 87.837 ACRES, MORE OR LESS