10-Easement abandonment and dedicationCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submit#al Date:
Originating Departrnent-
Presented By:
Agenda Item No.:
8/17/09
Planning & Zoning
Shawn Napier, P.E. Director of
Council Date:
Commission
Engineering, Planning &
10.
8/24/09
Develo ment
RECOMDENDED MOTTON:
Deliberate and act on a resolution declaring that a certain 0.3305 acre chamnel easement located on and
across property in the 4400 block of S.E. Loop 286, belonging to Hayter Engineering, Inc. is no longer
needed and is of no use to the City of Paris, abandoning said channel easement; accepting and dedicating
a new 0.3310 acre Channel Easement located on the same property; authorizing the City Manager to
execute any and all documents necessary to abandon the existing channel easement and dedicating the
new channel easement.
POLICY ISSLIE(S):
Easement abandonment and dedication
BACKGROUND:
Mr. Reeves Hayter has requested that a current 0.3305 acres drainage easement located in the 4400
block af S.E. Loop 286 be abandoned because it is located in the middle of the lot. They are proposing
to dedicate a new drainage easement at the edge of the property that will make this a viable lot. The
existing and proposed easements can be seen in the attached exhibit. The existing easement extends to
the center of the lot and takes up the most valuable building area.
Staff recommends that the request be granted.
BOARD/CAMMISSION RECOMMENDATION:
EXHIBITS:
Ordinance, easement, photo
ACTION:
BUDGET INFO:
❑ Financial Repoit
❑ Minute Order
Expense
$
❑ Departrnent Report
Z Resolution
Budgeted Amt
$
❑ Presentation
❑ Ordinance
yTD Actual
$
❑ Public Hearing ❑ Other
Acct Name
Acct Number
FiscAL NoTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court IR Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
Revised 2/04/08
~ v y 5 S
DRAFT
attorney\rework\current\Channel Easement Abandonment & Accept New-Hayter Eng Res 2009
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
DECLARING A CERTAIN 0.3305 ACRE CHANIVEL EASEMENT LOCATED O1V AND ACROSS
PROPERTY BELONGING TO ROBERT B. HAYTER TRUST IS NO LONGER NEEDED AND
IS OF NO USE TO THE CITY OF PARIS; ABAIVDONING SAID CHANNEL EASEMEIVT;
ACCEPTING AND DEDICATING A NEW 0.3310 ACRE CHANNEL EASEMENT LOCATED
O1V THE SAME PROPERTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND
ALL DOCUMENTS NECESSARY TO ABANDON THE EXISTING CHANNEL EASEMENT AND
DEDICATING THE NEW CHANNEL EASEMENT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARI11iG AN EFFECTIVE DATE.
WHEREAS, it has been determined by the City of Paris that the existing 0.3305 acre
Channel Easement located on and across property belonging to the Robert B. Hayter Trust
located in the 4400 Block of SE Loop 286, as shown in the Survey attached hereto as a part
of Exhibit A, is no longer needed by the City of Paris for drainage purposes; and,
WHEREAS, it has been determined that this channel easement is no longer needed
by citizens of Paris for drainage purposes, and the same should be abandoned; and,
WHEREAS, there is a need for a new 0.3310 acre Channel Easement to be located on
and across the property belonging to the Robert B. Hayter Trust for drainage purposes as
shown in the Survey attached hereto as a part of Exhibit B, and the same should be
approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section 1. That the findings set out in the preamble of this resolution are hereby in
all things approved.
Section 2. That the 0.3305 acre Channel Easement located on and across
property belonging to the Robert B. Hayter Trust described in the Channel Easement
Abandonment attached hereto as Exhibit A be, and the same is hereby, declared to be no
longer needed by the citizens of the City of Paris for drainage purposes.
Section 3. That the above described existing 0.3305 acre Channel Easement, is
hereby abandoned and the City Manager be, and is hereby directed to execute the Channel
Easement Abandonment attached hereto as Exhibit A and any other documents necessary
to abandon such channel easement.
Section 4. That the 0.3310 acre Channel Easement located on and across
property belonging to the Robert B. Hayter Trust, described in the Channel Easement
attached hereto as Exhibit B be, and is hereby accepted and dedicated.
I,, ~y~ 6 0,
Section S. That this resolution shall be effective from and after the date of
passage.
PASSED AND ADOPTED this 24th day of August, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, Ciry Attorney
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CHANNEL EASEMENT ABANDOIVMENT
STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR }
That the City of Paris, Texas a home rule municipal corporation of the County of
Lamar, State of Texas, acting by and through its City Manager, duly authorized by
Resolution No. 2009- , for and in consideration of the sum of Ten and no/100 Dollars
($10.00) cash and other good and valuable consideration, in cash, to it in hand paid by the
Robert B. Hayter Trust the receipt and sufficiency of which is hereby acknowledged; has
Abandoned, Sold and Conveyed, and by these presents does Abandon, Sell and Convey unto
the said Robert B. Hayter Trust of the County of Lamar, State of Texas, whose mailing
address is 4445 SE Loop 286, Paris, Texas 75460, the City of Paris' interest in an existing
0.3305 acre Channel Easement as depicted in the survey attached hereto and incorporated
herein as Exhibit A, and as further described as follows:
SITUATED within the corporate limits of the City of Paris, Lamar County,
Texas, a part of the Joseph Leach Survey, and being described in Tract Three
Judgment recorded in Vol. 386, Page 20, Deed Records of Lamar Counry and
being more particularly described in Exhibit A, attached hereto and made a
part hereof.
TO HAVE AND TO HOLD the above described property unto the Robert B. Hayter
Trust for the purposes aforesaid, together with all and singular, the rights and
appurtenances thereto in anywise belonging unto the said City of Paris, Texas, its
successors and assigns forever. This conveyance shall be without warranty of any kind,
whether express or implied.
EXHIBIT I
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WITNESS its hand at Paris, Texas, this 10th day of August, A.D. 2009.
Kevin Carruth, City Manager
ATTEST:
Janice Ellis, City Clerk
THE STATE OF TEXAS
COUNTY OF LAMAR
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared Kevin Carruth, City Manager of the City of Paris, Texas, known to me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration therein expressed and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of August, 2009.
Notary Public, State of Texas
RETURN T0: Hayter Engineering, Inc.
4445 SE Loop 286
Paris, TX 75460
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RP VOL. 560, PG. 325
CALLED 1.16 ACRES i-
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ROBERT B. HAY7ER TRUST ACRES
DR VOL. 706, PG. 303
TRACT II
CALLED 2.535 ACRES et- Q.
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STATE OF TEXAS
DR VOL. 386, PG. 20
SECOND TRACT
CALLED 16.786 ACRES
CHANNEL EASEMENT
CITY OF PAR/S
0.3305 ACRES
LAMAR COUNTY, TEXA
NOVEMBER 2008
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KSVILLE STREET POB
I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE
STATE OF TEXAS, RPLS #5892, DO HEREBY CERTIFY THAT THE PLA7 SHOWN
HEREIN REPRESENTS AN ACTUAL ON-THE-GROUND SURVEY CONDUCTED BY
ME, COMP TED ON NOVEMBER 17, 2008.
~ ~ v1•~
REGISTERED PROFESSIO A LAND SURVEYOR
THE REFERENCE BEARINC FOR THE 7RACT OF L.AND SHONN HEREON IS THE
WEST BWNDARY UNE OF THE CALLED 2535 ACRE TRACT OF LANO
CpNVEYED TO iHE R08ERT B. HAYTER 7RUST AS RECORDED M OEED
RECORDS VOI.UME 706. PAGE 303•
FOUND IRON ROD
RIGHT-OF-WAY MONUMENT
POINT FOR CORNER
REAL PROPERTY RECORDS
DEED RECORDS
POINT OF BEGINNING
EXHIBIT .~L
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FIELD NOTES
03305 Acres
Lamar County, Texas
November 2008
Being 03305 acres of land, commonly known as part of Lot 8-B, of Block No. 287 as shown on the City of
Paris tax maps, situated within the corporate limits of the City of Paris, County of Lamar, State of Texas, being
a part of the Joseph Leach Survey A-524, also being all of a called 0331 acre channel easement awarded to the
State of Texas from J.L. Jopling Et. Al. on March 23, 1962 and recorded as the Third Tract in volume 386,
page 20 of the Deed Records of said county, and also being part of a tract of land as conveyed from Hayter Inc.
to Dolores Reeves Hayter and R. Reeves Hayter, Co-Trustees of the Robert B. Hayter Trust on March 2, 1987,
and recorded as Tract II in volume 706, page 303 of the Deed Records of said county. The said 0.3305 acre
tract fully described by metes and bounds as follows:
Beginning at a point in the West right-of-way line of Loop No. 286, said point beina located N 14°17'S5" W
a distance of 143.16 feet from a concrete right of way monument found at Loop No. 286 Station 308+00;
Thence S 50°26'OS" W, a distance of 11.06 feet to a point for corner;
Thence N 39°33'S5" W, a distance of 60.00 feet to a point for corner;
Thence N 50°26'OS" E, a distance of 254.12 feet to a point for corner, said point also being in the West
right-of-way line of Loop No. 286, said point also being located S 14°17'S5' E a distance of 193.67 feet from a
concrete right-of-way monument found at Loop No. 286 Station 304+00;
Thence S 14°17'S5" E, along the West right-of-way line of Loop No. 286 a distance of 6635 feet to the
Point Of Beginning and containing 0.3305 acres of land.
I, KEVIN K. WHITLEY, REGISTERED OFFROM ME SUR6MENTS MADE UPON THE GROUND. S~
HEREBY CERTIFY THE ABOVE
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~~KEV1N K. WHITLEY
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CHANNEL EASEMENT
STATE OF TEXAS }
COUNTY OF LAMAR }
KNOW ALL MEN BY THESE PRESENTS:
That the Robert B. Hayter Trust B, by and through its Trustee, R. Reeves Hayter, of
Lamar County, Texas, (hereinafter referred to as Grantor) for and in consideration of the
sum of TEN DOLLARS ($10.00) cash, and other good and valuable consideration, to us in
hand paid by CITY OF PARIS, Texas, the receipt and sufficiency of which is hereby
acknowledged, do hereby sell, give, and grant unto the said CITY OF PARIS, a home rule
municipal corporation, of Lamar County, Texas, (hereinafter referred to as Grantee) a
perpetual channel easement described as follows:
SITUATED within the corporate limits of the City of Paris, County of
Lamar and State of Texas, a part of the Joseph Leach Survey, and being a part
of Lot 8-13, City Block 287 as shown on the City of Paris Tax maps, being a
0.3310 Acre Channel Easement, and being more particularly described by
metes and bounds in Exhibit B attached hereto and made a part hereof (the
"Premises").
TO HAVE AND TO HOLD the above property unto the CITY OF PARIS for the
purposes aforesaid, with the right and privilege at any and all times to enter said Premises,
or any part thereof, and construct, reconstruct, relocate, inspect, and maintain any and all
drainage facilities placed or to be placed therein; provided that Grantee will, after doing
any work in connection with the construction, reconstruction, relocating or maintenance of
said drainage facilities, restore the Premises as close to the condition to which said
Premises was found when such work was undertaken, insofar as permitted under the
plans, standards, and specifications approved for projects to be located within the herein
described easement, and that in the use of said rights and privileges herein granted, the
EXHIBIT ..a
Grantee will not create a nuisance or do any act that will be detrimental to said Premises;
and provided further, that the Grantor shall not erect or place any building, fence, tree or
other permanent structure on the above-described perpetual channel easement and shall
not otherwise use the above-described Premises in a way that will interfere with the
construction, maintenance, repair, inspection, or operation of the utilities placed therein.
Grantor does hereby bind itself, its heirs, executors and administrators, to warrant
and forever defend, all and singular, said Premises unto the CITY OF PARIS against every
person whomsoever lawfully claiming or to claim the same or any part thereof.
WITNESS our hands this _ day of August, 2009.
ROBERT B. HAYTER TRUST B
R. Reeves Hayter, Trustee
STATE OF TEXAS }
COUNTY OF LAMAR }
BEFORE ME, the undersigned authority, on this day personally appeared R. Reeves
Hayter, Trustee of the Robert B. Hayter Trust B, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of August, 2009.
Notary Public, State of Texas
RETURN T0: City Attorney
City of Paris
P. 0. Box 9037
Paris, TX 75461-9037
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CALLED 1.16 ACRES
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L = 56.49'
CN = 53.53'
CDBR = N 18'04'05" E
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ROBERT B. HAYTER TRUST
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TRACT 11 ~
CALLED 2.535 ACRES y
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i, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE
STATE OF TEXAS, RPLS #5892, DO HEREBY CERTIfY THAT THE PLAT SHOWN
HEREIN REPRESENTS AN ACTUAL ON-TNE-GROUND SURVEY CONDUCTED BY
ME, COMPLE D ON NOVEMBER 10, 2008.
crnicTCD n aanFFSSInNAL L.ND SURVEYOR
CHANNEL EASEMENT
C/TY OF PAR/S
0.3310 ACRES
LAMAR COUNTY, TEXA.
NOVEMBER 2008
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FOUND IRON ROD
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ENOINEEFlNO THE REFERENCE BEARINC FOR TFiE TRACT OF I.AND SHOWN HEREON IS THE
INCORPORATED WEST BOUNDARY UNE OF iHE CALLED 2•535 ACRE TRACT OF LAND
R~~~~u EE ~ pgERA~g, ~ YTER 1RU5T AS RECORDED IN OEEO
-siie s.e.~i,oo~v is~e ~'vmTUii"s
EXHIBIT
FIELD NOTES
0.3310 Acres
Lamar County, Texas
November 2008
Being 03310 acres of land, commonly known as part of Lot 8-B, of Block No. 287 as shown on the City of
Paris tax maps, situated within the corporate limits of the City of Paris, County of Lamar, State of Texas, being
a part of the Joseph Leach Survey A-524, also being part of a tract of land as conveyed from Hayter Inc. to
Dolores Reeves Hayter and R. Reeves Hayter, Co-Trustees of the Robert B. Hayter Trust on March 2, 1987,
and recorded as Tract II in volume 706, page 303 of the Deed Records of said county. The said 03310 acre
tract fully described by metes and bounds as follows:
Beginning at a point in the West right-of-way line of Loop No. 286, said point being located N 14°17'S5" W
a distance of 143.16 feet from a concrete right of way monument found at Loop No. 286 Station 308+00, said
point also being located at the Southeast corner of an existing called 0.331 acre channel easement awarded to
the State of Texas from J.L. Jopling Et. Al. on March 23, 1962 and recorded as the Third Tract in volume 386,
page 20 of the Deed Records of said county;
Thence S 50°26'OS" W, a(ong the South line of the aforementioned channel easement a distance of 11.06
feet to a point for corner;
Thence S 14° 17'S5" E, parallel to and 10 feet west of the West right-of-way line of Loop No. 286 a distance
of 133.82 feet to a point for corner, from said point a concrete right of way monument found at Loop No. 286
Station 308+00 bears S 79°30'03" E a distance of 11.02 feet;
Thence S 35°17'S0" W, parallel to and 10 feet West of the West right-of-way line of Loop No. 286 a
distance of 150.27 feet to a point for corner, from said point a concrete right-of-way monument found at U.S.
Business 271 (Clarksville Street) Station No. 106+00.1 bears S 21°40'30" E a distance of 11.93 feet;
Thence N 04°10'38" W, a distance of 78.65 feet to a point for corner;
Thence N 35° 17'S0" E, parallet to the West right-of-way line of Loop No. 286 a distance of 66.45 feet to a
point for corner;
Thence N 14°17'S5" W, parallel tothe West right-of-way line of Loop No. 286 a distance of 116.25 feet to a
point for corner, said point being at the beginning of a curve to the right having a radius of 50.00 feet and a
central angle of 64°44'00" to a point for corner;
Thence along said curve to the right an arc distance of 56.49 feet (chord bearing and distance of N
18°04'OS" E 53.53 feet) to a point for corner;
Thence N 50°26'OS" E, a distance of 34.66 feet to a point for corner, said point also being in the West right-of-
way line of Loop No. 286, said point also being located S 14°17'S5' E a distance of 199.20 feet from a concrete
right-of-way monument found at Loop No. 286 Station 304+00;
Thence S 14117'S5" E, along the West right-of-way line of Loop No. 286 a distance of 60.82 feet to the
Point Of Beginning and containing 03310 acres of land.
I, KEVIN K. WHITLEY, REGISTERED K N FROM MEASUREMENTS MADE UPON THE GROUND S~
H E R E B C E R T I F T E A B O V E I S T A
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CALLED 1.16 ACRES
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N 50'26'05" E
' 34.66' ,
FIR 64'44'00":
R = 50.00,
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T = 31.69'
L = 56.49'
CH = 53.53'
CDBR = N 18'04'05" E
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ROBERT B. HAYTER TRUST
S 50'26'05" W
11.06'
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DR VOL. 706, PG. 303
TRACT II
CALLED 2.535 ACRES
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CHANNEL EASEMENT
CITY OF PAR/S
0.3310 ACRES
LAMAR COUNTY, TEXA:
NOVEMBER 2008
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TREET
I, KEVIN K. WHITLEY, REGISTERED PROFESSIONAL LAND SURVEYOR FOR THE
HEREIN RE RESENTS AN ACTUAL ON ETHE-GROUNDYSURVE CONDUCTED BYN
ME, COMPLE D ON NOVEMBER 10, 2008.
lq HAYTlR
BNOINEEAlNO ~5T BWNDARY L1NE OF ~E ~~LE~ ZS35 ACRE TRCTN O~ LAND HEREON I5 THE
/NCOAPOftATED CONVEYED TO THE ROBERT 8. HAYiER iFtUST AS RECORDED IN OEED
corrsucrAxrs ►w+MEws K+ou+isws RECORDS VOLU►IE 706. PAGE 303.
sws s.e. woi:se ►wwia. roua
JOSEPH LEACH SURVEY
A-524
S 14'17'S5" E
60.82'
FOUND IRON ROD
RIGHT-OF-WAY MONUMENT
POINT FOR CORNER
REAL PROPERTY RECORDS
DEED RECORDS
POINT OF BEGINNING
a. - - y 7
FIELD NOTES
0.3310 Acres
Lamar County, Texas
November 2008
Being 0.3310 acres of land, commonly known as part of Lot 8-B, of Block No. 287 as shown on the City of
Paris tax maps, situated within the corporate limits of the City of Paris, County of Lamar, State of Texas, being
a part of the Joseph Leach Survey A-524, also being part of a tract of tand as conveyed from Hayter Inc. to
Dolores Reeves Hayter and R. Reeves Hayter, Co-Trustees of the Robert B. Hayter Trust on March 2, 1987,
and recorded as Tract II in volume 706, page 303 of the Deed Records of said county. The said 0.3310 acre
tract fully described by metes and bounds as follows:
Beginning at a point in the West right-of-way line of Loop No. 286, said point being located N 14° 17'S5" W
a distance of 143.16 feet from a concrete right of way monument found at Loop No. 286 Station 308+00, said
point also being located at the Southeast corner of an existing called 0331 acre channel easement awarded to
the State of Texas from J.L. Jopling Et. Al. on March 23, 1962 and recorded as the Third Tract in volume 386,
page 20 of the Deed Records of said county;
Thence S 50°26'OS" W, along the South line of the aforementioned channel easement a distance of 11.06
feet to a point for corner; . .
Thence S 14°17'S5" E, parallel to and 10 feet west of the West right-of-way line of Loop No. 286 a distance
of 133.82 feet to a point for corner, from said point a concrete right of way monument found at Loop No. 286
Station 308+00 bears S 79°30'03" E a distance of 11.02 feet;
Thence S 35°17'50" W, parallel to and 10 feet West of the West right-of-way line of Loop No. 286 a
distance of 150.27 feet to a point for corner, from said point a concrete right-of-way monument found at U.S.
Business 271 (Clarksville Street) Station No. 106+00.1 bears S 21°40'30" E a distance of 11.93 feet;
Thence N 04°l0'38" W, a distance of 78.65 feet to a point for corner;
Thence N 35°17'S0" E, parallel to the West right-of-way line of Loop No. 286 a distance of 66.45 feet to a
point for corner;
Thence N 14°17'S5" W, parallel tothe West right-of-way line of Loop No. 286 a distance of 116.25 feet to a
point for corner, said point being at the beginning of a curve to the right having a radius of 50.00 feet and a
central angle of 64°44'00" to a point for comer;
Thence along said curve to the right an arc distance of 56.49 feet (chord bearing and distance of N
18°04'OS" E 53.53 feet) to a point for corner;
Thence N 50°26'OS" E, a distance of 34.66 feet to a point for corner, said point also being in the West right-of-
way line of Loop No. 286, said point also being located S 14°17'S5' E a distance of 199.20 feet from a concrete
right-of-way monument found at Loop No. 286 Station 304+00;
Thence S 14°17'S5" E, along the West right-of-way line of Loop No. 286 a distance of 60.82 feet to the
Point Of Beginning and containing 0.3310 acres of land.
I, KEVIN K. WHITLEY, REBOVE IS TAK N FROM MEASUREMENTS MADE UPON THE GROUND. S~
HEREBY CERTIFY THE
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