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12-Delliberate and act on a Resolution approving the purchase of 165 Center StreetCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 03/l8/10 Council Date: Finance Gene Anderson 12. 03/22/ 10 RECOMMENDED MOTION: Move to approve a resolution authorizing the purchase of the property located at 165 W. Center Street and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Capital improvement. The FY 2009-2010 budget authorizes the expenditure of $250,000 to purchase or construct a new warehouse facility. This resolution authorizes the City Manager to sign all necessary paperwork to purchase the property and building located at 165 W. Center Street within the city limits of Paris for $115,000. This property backs up to the existing Public Works yard thereby making it an ideal location for the warehouse and gives the City a second entry/exit point for the Public Warks compound. The existing building will require some upgrade but is in sound condition overall. Likewise, the parking and driveway areas will need some improvement. Repairs should be able to be completed within the budgeted amount. A survey and phase I environmental review were both clear. BOARD/COMMISSION RECOMMENDATION: None EXHIBITS: Resolution. ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $115,000 ❑ Department Report E Resolution Budgeted Amt. $250,000 ❑ Presentation ❑ Ordinance y'I'D Actual $0 ❑ Public Hearing ❑ Other Acct. Name Warehouse Building Acct. Number 11-0901-80-98 FISCAL NOTES: None REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Wotks ❑ Utilities City of Paris Revised 2/04/08 ~ - 000071 DRAFT attorney\reswork\current\Purchase 165 W. Center Res 2010 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING THE PURCHASE OF LOTS 5& 6 BLOCK 1, OF THE HENRY SMITH ZND ADDITIOIV LOCATED AT 165 W. CEIVTER STREET; RATIFYING THE EXECUTION OF A REAL ESTATE COIVTRACT WITH THE LINNIE RAY SPENCER 1998 REVOCABLE MANAGEMENT "A" TRUST; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE PURCHASE OF SAID PROPERTY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City is in need of a new warehouse building for City supplies and parts, and City staff has determined that the building located at 165 W. Center Street, adjacent to the Public Works yard is the best suited; and, WHEREAS, pursuant to City Council direction, the City Manager has negotiated a Real Estate Contract with the Linnie Ray Spencer 1998 Revocable Management "A" Trust for the purchase of this property in the amount of $115,000, which in all things should be ratified; and, WHEREAS, the City Manager should be authorized to execute any and all documents necessary to finalize the purchase of Lots 5& 6, Block 1, Henry Smith 2nd Addition, being 165 W. Center Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble of this resolution are hereby in all things approved. Section 2. That the purchase of the property and improvements on Lots 5 & 6, Block 1 of the Henry Smith's 2nd Addition, being 165 West Center Street in the amount of $115,000, be and is hereby approved. Section 2. That the execution of the Real Estate Purchase Agreement with the Linnie Ray Spencer 1998 Revocable Management "A" Trust, attached hereto as Exhibit A, be and is hereby ratified. Section 3. That the City Manager of the City of Paris be, and he is hereby authorized and directed to execute on behalf of the City of Paris any and all documents related to the purchase of said property. 00GCi78 Section 4. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 22nd day of March, 2010. Jesse James Freelen, Mayor ATTEST: janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney " ~ lJ ~9 l 1 I ~ REAL ESTATE CONTRACT THIS REAL ESTATE CONTRACT ("Contract") is made and entered into by and between The Linnie Ray Spencer 1998 Revocable Management "A" Trust ("Seller") and the City of Paris, Texas, a home rule municipal corporation ("Purchaser"). ARTICLE 1 Sale and Purchase Section 1.1 Subject to the terms and provisions hereof, the Seller agrees to sell to the Purchaser, and the Purchaser agrees to purchase from the Seller, that certain real property being Lots 5 and 6, Block 1 of the Henry Smith's 2"d Addition, located at 165 West Center Street, Paris, Texas, more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes together with, all and singular, all improvements thereon and all rights and appurtenances pertaining thereto, such interest in real estate, improvements, rights and appurtenances being herein referred to individually and collectively as the "Property." ARTICLE 2 Consideration for Convevance Section 2.1 The purchase price ("Purchase Price„) for the Property is ONE HUNDRED AND FIFTEEN THOUSAND and no/100 DOLLARS ($115,000) payable in cash at Closing. ARTICLE 3 Survev and Title Policy Section 3.1 Within twenty (20) days from the Effective Date of this Contract, the Seller, shall deliver or cause to be delivered to Purchaser a current boundary survey ("Survey") of the Property, containing a metes and bounds description of the Property. The Survey shall be sufficient to permit the Title Company, to modify the standard printed exception in the Owner Policy of Title Insurance pertaining to discrepancies in area or boundary lines, encroachments, overlapping of improvements, or similar matters (herein called the "Survey Exception"). The Survey shall indicate the location of all improvements on the Property, if any. Further, the Survey shall indicate the location of all title exceptions which can be located thereon. The Surveyor shall also comply with the requirements set forth in Exhibit "B" attached hereto and made a part hereof by reference. The Purchaser shall pay for the cost of the survey at reasonable and customary price. REAL ESTATE CONTRACT/TO CITY EX HIB IT ,g,. (No Earnest Money) (Inspection Fee) ~ 0 l,~ O p PAGE 1 4aU U Section 3.2 Within twenty (20) days from the Effective Date of this Contract, the Seller shall furnish to the Purchaser a current commitment ("Title Commitment") for the issuance of an Owner's Policy of Title Insurance to the Purchaser from STONE TITLE COMPANY, 33 1St Street NW, Paris, TX 75460 ("Title Company") together with legible copies of all documents constituting exceptions to Seller's title as reflected in the Title Commitment. The cost of the Commitment to be paid by Purchaser. Section 3.3 Purchaser shall have a period of ten (10) days from the last to be delivered of each of the Survey, Title Commitment and the documents referred to therein as conditions or exceptions to title to the Property, in which to review such items and to deliver to Seller in writing such reasonable objections as Purchaser may have to anything contained or set forth in the Title Commitment, title exception documents or Survey. Any items to which Purchaser does not object within such period shall be deemed to be permitted exceptions ( Permitted Exceptions"). In the event Purchaser timely objects to any matter contained in the Title Commitment, title exception documents and/or the Survey as hereinabove provided, Seller shall have a reasonable period of time, not to exceed thirty (30) days, after receipt of Purchaser's objections within which Seller may attempt to cure such objections specified as aforesaid by Purchaser, provided, however, Seller shall be under no obligation to incur any costs whatsoever in connection with such cure. In the event Seller has been unable or unwilling to cure any such objections as aforesaid within such reasonable period of time, not to exceed thirty (30) days, then, and in such event, Purchaser may, at its option, either terminate this Contract or Purchaser may waive any such objection and the transaction contemplated hereby shall be consummated as provided herein. Section 3.4 At Closing, the Seller shall furnish the Purchaser, at the Purchaser's sole cost and expense with an Owner Policy of Title Insurance issued by the Title Company on the standard form in use in the State of Texas, insuring good and indefeasible title to the Property in the Purchaser in the amount of the Purchase Price, subject only to the Permitted Exceptions and the standard printed exceptions, except: (a) The exception relating to restrictions against the Property shall be endorsed by the Title Company to read "none of record," except for such restrictions as may be included in the Permitted Exceptions; (b) The Survey Exception (except for shortages in area) shall be deleted at Seller's expense. (c) The exception relating to ad valorem taxes shall except only to taxes owing for the current and subsequent years and subsequent assessments for prior years due to change in land use; (d) There shall be no general exception for "parties in possession;" and (e) There shall be no exception for any lien, for service, labor or material heretofore or hereafter provided imposed by law and not shown by the public records. REAL ESTATE CONTRACT/TO CITY (No Earnest Money) (Inspection Fee) PAGE 2 r. ARTICLE 4 Inspection, Audit and Financinq Section 4.1 Purchaser, at Purchaser's sole cost and expense, shall have through and until thirty (30) days from the Effective Date of this Contract ("Inspection Period") within which to conduct any and all engineering, environmental and economic feasibility studies of the Property which Purchaser may, at Purchaser's sole discretion, deem necessary to determine whether or not the Property is suitable for Purchaser's intended use. Purchaser's representatives may enter upon the Property for the purpose of conducting any studies or tests, including, but without limitation, soil tests, obtaining topographical information, conducting engineering and economic feasibility studies and for all other similar preliminary work; provided, however, Purchaser shall and does hereby indemnify and hold harmless Seller from and against any claims, costs, expenses or damage that Seller may suffer or incur as a result of such inspection, including: (i) mechanic's liens or claims that may be filed on or asserted against the Property by contractors, subcontractors or materialmen performing such work for Purchaser, and (ii) any damage caused to the Property as a direct result of such inspection. In making any inspection hereunder, Purchaser will treat, and will cause any representative of Purchaser to treat, all information obtained by Purchaser pursuant to the terms of this Contract as confidential. Further, in the event that Purchaser refuses or is unable to close under this Contract, for any reason whatsoever, any and all studies or tests, including, but without limitation, soil tests, topographical information, engineering and economic feasibility studies, or other similar preliminary work, will be shared with Seller upon request by Seller. Section 4.2 In the event Purchaser shall notify Seller on or before the expiration of the Inspection Period, that Purchaser, for any reason whatsoever, does not desire to consummate this Contract, then, and in such event, this Contract shall, ipso facto, terminate and the parties hereto shall have no further obligations to the other hereunder except as provided herein. Absent Purchaser's timely written notice to Seller of Purchaser's election to so terminate this contract as aforesaid, then, and in such event, Purchaser shall have pso facto waived any and all claim whatsoever to terminate this Contract pursuant to this Article 4, and shall proceed to a Closing hereunder. ARTICLE 5 Condemnation Assessments and Risk of Loss Section 5.1 In the event that prior to the date of Closing condemnation procedures are commenced against a portion or all of the Property or Seller receives any verbal or written notice of a threat or intent of condemnation of a portion or all of the Property, Seller shall immediately notify Purchaser and Purchaser may, at its election, terminate this Contract by written notice to Seller within ten (10) business days after receipt of Seller's notice. Neither party shall have any further rights or obligations REAL ESTATE CONTRACT/TO CITY PAGE 3 (No Earnest Money) (Inspection Fee) 000682 hereunder. Should Purchaser elect not to exercise its option as provided hereunder, then the Contract shall remain in full force and effect and Seller shall assign or pay to Purchaser at Closing Seller's interest in and to all condemnation awards or proceeds from any such proceedings or actions in lieu thereof. Prior to Closing, all risks of loss shall be upon the Seller. ARTICLE 6 Seller's Representations Section 6.1 Seller makes the following representations, as of the date of this Contract: (a) Seller owns good and indefeasible title to the Property and Seller has all requisite power and authority to enter into and perform this Contract. Each person executing this contract on behalf of Seller warrants that he has all requisite authority to do so. (b) To the best of Seller's knowledge, there are no parties in possession or with a right to possession of any portion of the Property as lessees, tenants at sufferance, trespassers or otherwise, except those exceptions waived. (c) To the best of Seller's knowledge there is no pending or threatened taking, condemnation or similar proceeding or assessment affecting the Property or any part thereof, nor to the best knowledge and belief of Seller, is any such taking, condemnation, proceeding or assessment contemplated. (d) There will be no liens or Uniform Commercial Code filings against any of the Property which will not be satisfied out of the Purchase Price and released at Closing. (e) Seller has not received any notice from any governmental or quasi- governmental body or agency of any violation under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (the "Superfund Act"), the Carpenter-Presley-Tanner Hazardous Substance Account Act, the Resource Conservation and Recovery act of 1976, the Clean Air Act, the Safe Drinking Water Act, the Toxic Substances Control Act, the Texas Water Code, the Texas Solid Waste Disposal Act or any other federal, state or local statutes, regulations, or ordinances or regulatory requirements pertaining to health or the environment (collectively referred to as "Environmental Laws"). (fl Seller shall not further encumber, or allow the encumbrance of, the title to the Property without the prior written consent of the Purchaser. (g) Seller does not know of any liabilities or claims which would adversely affect any of the Property, other than those expressly disclosed under this Contract. REAL ESTATE CONTRACT/TO CITY PAGE 4 (No Earnest Money) Qnspection Fee) p`~ ~ ~ U t; $ ~ There are no liens, reservations, zoning ordinances, architectural control, restrictions, easements or other encumbrances upon the Property or other matters which in any way limit or impair the use of the Property for the operation of the project on the Property, except the permitted exceptions. If any representation or warranty is untrue, this Contract may be terminated by Purchaser. ARTICLE 7 Closin Section 7.1 The Closing hereunder shall take place at the offices of the Title Company. The date of Closing ("Closing Date") shall be forty-five (45) days after the Effective Date or on such other date as may be mutually agreed to. Section 7.2 At the Closing, Seller shall deliver or cause to be delivered to Purchaser each of the following items: (a) A General Warranty Deed (the "Deed") duly executed and acknowledged by Seller, and in form for recording, conveying good, indefeasible title in the Property to Purchaser, subject only to the Permitted Exceptions. (b) At Seller's expense, the Owner's Title Policy in the form specified in Section 3.3 hereof. (c) All additional documents and instruments as in the opinion of the Seller's and Purchaser's counsel are reasonably necessary to the proper consummation of this transaction. Section 7.3 At the Closing, Purchaser, at Purchaser's sole cost and expense shall deliver to Seller the following items: (a) The Purchase Price in cash as required by Section 2.1 hereof; (b) Such evidence or documents as may reasonably be required by the Seller or the Title Company evidencing the status and capacity of Purchaser and the authority of the person or persons who are executing the various documents on behalf of the Purchaser in connection with the sale of the Property; and (c) All additional documents and instruments as in the opinion of the Seller's and Purchaser's counsel are reasonably necessary to the proper consummation of this transaction. Section 7.4 Ad valorem taxes shall be prorated at Closing in accordance with Section 26.11 of the Texas Tax Code. REAL ESTATE CONTRACT/TO CITY (No Earnest Money) (Inspection Fee) E [ PAGE 5 Section 7.5 Possession of the Property shall be delivered to Purchaser by Seller at the Closing, subject only to the Permitted Exceptions and such rights of others as have been expressly disclosed herein. Section 7.6 Except as otherwise provided herein, all costs and expenses in connection with the transaction contemplated by this Contract shall be borne by Purchaser. Seller and the Purchaser shall pay its own attorneys' fees; provided, however, in the event of any litigation arising hereunder, the prevailing party shall be entitled to recover, as part of any judgment rendered, reasonable attorneys' fees and costs of suit. ARTICLE 8 Real Estate Commission Section 8.1 Each party hereto represents and warrants to the other party that it has not employed any broker or real estate agent in connection with the transaction contemplated by this Contract. ARTICLE 9 Remedies of Default Section 9.1 In the event all conditions of this Contract are satisfied by Purchaser (if Purchaser's obligation) or waived and in the event all covenants and agreernents to be performed by Purchaser prior to Closing are fully performed, and in the event that performance of this Contract is tendered by the Purchaser and the sale is not consummated through default on the part of the Seller on the Closing Date, then Purchaser shall be entitled to enforce specific performance hereunder. The remedies set forth in this Section 9.1 shall be Purchaser's sole remedies. Nothing herein shall be construed to limit Purchaser's right and power of eminent domain. Section 9.2 In the event of Purchaser's default hereunder, Seller shall be entitled to terminate this Contract, or enforce special perFormance hereunder. The remedies set forth in this Section 9.2 shall be Seller's sole remedies. ARTICLE 10 Miscellaneous Section 10.1 Any notice or communication required or permitted hereunder shall be given in writing, sent by (a) personal delivery (provided that such delivery is confirmed by the courier delivery service), or (b) expedited delivery service with proof of delivery, or (c) United States Mail, postage prepaid, registered or certified mail, or (d) prepaid telegram or telex (provided that such telegram or telex is confirmed by REAL ESTATE CONTRACT/TO CITY (No Earnest Money) (Inspection Fee) 0 0 ; ~ ~ PAGE 6 expedited delivery service or by mail in the manner previously described), addressed as foilows: If to the Seller: The Linnie Ray Spencer 1998 Revocable Management "A" Trust c/o Ray Spencer, Trustee 84 CR 42000 Paris, Texas 75462 If to the Purchaser: With copy to: City of Paris, Texas Attention: City Manager P. O. Box 9037 Paris, TX 75461-9037 City of Paris, Texas Attention: City Attorney P. O. Box 9037 Paris, TX 75461-9037 or to such other address or to the attention of such other person as hereafter shall be designated in writing by the applicable party sent in accordance herewith. Any such notice or communication shall be deemed to have been given either at the time of personal delivery or, in the case of delivery service or certified or registered mail, as of the date of deposit or delivery to the United States Mail or expedited delivery service in the manner provided herein, or in the case of telegram or telex, upon receipt. Any notice required by this Contract or in any way related to the transaction contracted for herein, shall be void and of no effect unless given in accordance with the provisions of this Article 10. Either party hereto may change the address for notice specified above by giving the other party ten (10) days advance written notice of such change of address. Section 10.2 For purposes of determining the time for performance of various obligations under this Contract, the Effective Date of this Contract shall be the later of the dates this Contract is executed by Seller or Purchaser. Section 10.3 Any representation, warranty, covenant or agreement of either party to this Contract whether to be performed before or after the time of Closing shall not survive the Closing, but rather shall be deemed to be merged into and waived by the instruments of Closing. Section 10.4 This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, and permitted successors and assigns. Section 10.5 The obligations of the parties hereto are and shall be performable in Lamar County, Texas. This Contract shall be construed and interpreted in REAL ESTATE CONTRACTITO CITY pAGE 7 (No Earnest Money) (Inspection Fee) accordance with the laws of the State of Texas. Where required for proper interpretation, words in the singular shall include the plural; the masculine gender shall include the neuter and the feminine, and vice versa. The terms "heirs, executors, administrators and assigns" shall include "successors, legal representatives and assigns." Section 10.6 This Contract may not be modified or amended, except by an agreement in writing signed by the Seller and the Purchaser. The parties may waive any of the conditions contained herein or any of the obligations of the other party hereunder, except as elsewhere provided for herein, but any such waiver shall be effective only if in writing and signed by the party waiving such conditions or obligations. Section 10.7 Each person executing this Contract warrants and represents that he is fully authorized to do so. Section 10.8 Time is of the essence of this Contract. Section 10.9 In the event it becomes necessary for either party hereto to file a suit to enforce this Contract or any provisions contained herein, the party prevailing in such action shall be entitled to recover, in addition to all other remedies or damages, reasonable attorneys' fees incurred in such suit. Section 10.10 The descriptive headings of the several Articles, Sections and Paragraphs contained in this Contract are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. Section 10.11 This Contract, including the Exhibits hereto, constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. No representation, warranty, covenant, agreement or condition not expressed in this Contract shall be binding upon the parties hereto or shall affect or be effective to interpret, change or restrict the provisions of this Contract. Section 10.12 Should the calculation of any of the various time periods provided for herein result in an obligation becoming due on a Saturday, Sunday or legal holiday, then the due date of such obligation or scheduled time of occurrence of such event shall be delayed until the next business day. Section 10.13 Seller and Purchaser hereby acknowledge that neither this Contract nor any memorandum or affidavit thereof shall be recorded of public record in Lamar County, Texas or any other county in Texas. Should Purchaser ever record or attempt to record this Contract, or a memorandum or affidavit thereof, or any other similar document, then, notwithstanding anything herein to the contrary, said recordation or attempt at recordation shall constitute a default by Purchaser hereunder, and, in addition to the other remedies provided for herein, Selter shall have the express REAL ESTATE CONTRACTffO CITY pAGE 8 (No Earnest Money) (inspection Fee) 0 0 CPi 8 7 right to terminate this Contract by filing a notice of said termination in the proper place for said filing. Section 10.14 Numerous copies of this Contract have been executed by the parties hereto. Each such executed copy shall have the full force and effect of an original executed instrument. Section 10.15 Purchaser shall have the right to assign this Contract to a related person or entity without Seller's consent. EXECUTED on this the /~'4 day of 2010, by Seller. Linnie Ray Spencer, ndivi ually and as Trustee for The Linnie Ray Spencer 1998 Revocable Management "A" Trust EXECUTED on this the day of 2010, by Purchaser. CITY OF PARIS, TE~ S, 7He Rule Municipal Corpor~~tion By: REVIN CAt ,ROT-I`f City Manager P. 0. Box 9037 Paris, Texas 75461-9037 APPROVED AS TO FORM: W. Kent c , City Attorney REAL ESTATE CONTRACT/TO CITY (No Earnest Money) (Inspection Fee) PAGE 9 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF LAMAR § 4- ~ This instrument was acknowledged before me on the day of 2010, by Linnie Ray Spencer, Individually and as Trustee for the Linnie Ray Spen r 1998 Revocable Management "A' Trust. ALICE M. PINALTO NOTARY PUBUC n~9-1 STATE OF TEXAS My C,ommission Ezeires 01-29-2012 STATE OF TEXAS § § COUNTY OF LAMAR § ~ G < Notary Public, State o Texas This instrument was acknowledged before me on the 4LO- day of J , 2010, by KEVIN CARRUTH, City Manager of the CITY OF PARIS, TEXAS, a h me- rule municipal corporation, on behalf of said corporation. ,o aaTp'U'~ ~ AUCE M. PINALTO NOTARY PUBLIC STATE OF TEXAS Ma Commission Ezpires 01-29-2012 14 Notary Public, State of Texas REAL ESTATE CONTRACTITO CITY y (1 ~f? ~(1 (No Eamest Money) (Inspection Fee) PAGE 10 EXH[BIT "A" FIRST TRACT: Lot Six (6) of the HENRY SMITH SECOND ADDfTION within the corporate limits of the City of Paris, a part of the REDDIN RUSSELL SURVEY, according to plat of such Addition of record in the Plat Records of Lamar County, Texas, and being a part of the tract of land conveyed by J.N. and ].A. House to Henry Smith by deed of record in Book 121, Page 64, Lamar County Deed Records; described by metes and bounds as fo(lows: BEGINNING at a stake 407 feet West from the intersection of the SB (ine of Center Street with the WB [ine of North Main Street, this being also the NW corner of Lot Five (5) of the HENRY SM1TH SECOND ADDITION; THENCE NORTH 79 1/2 Deg. West 100 feet, a stake at the NE corner of Lot Seven (7) of such Addition; THENCE SOUTH 5 Deg. West 292 feet, a stake in the NB line of City property; THENCE EAST 100 feet, a stake at the SW corner of Lot Five (5) above mentioned; THENCE NORTH 5 Deg. East 282 feet to the place of beginning, and being the same property described in deed from )ohn Crain et al. to The North Paris Baptist Church, Paris, Texas, dated March 12, 1962, or record in Book 388, Page , Lamar County Deed Records. SECOND TRACT: Lot Five (5) of the HENRY SMITH SECOND ADDIT[ON within the corporate limits of the City of Paris, a part of the REDDIN RUSSELL SURVEY, according to plat of such Addition of record in Book 1, Page 162, Lamar County Plat Records, and being the same property described in deed from Hettie Smith Luther et a(. to North Paris Baptist Church dated February 16, 1971, of record in Book 524, Page 439, Lamar County Deed Records. The above described two tracts of land are the same property described in deed to Daniel Thomas Seay, Jr., a/k/a Danny Seay, dated March 2, 1990, of record in Book 142, Page 327, Lamar County Real Property Records; and reference is made to ali the above mentioned instruments and records for all necessary purposes. ('V C (''90 EXHIBIT "B" SURVEYOR'S CERTIFICATE TO THE PURCHASERS, LIENHOLDERS AND/OR OWNERS OF THE PREMISES SURVEYED AND TO STONE TITLE OF TEXAS, INC. I hereby certify that on the day of , 2010, this survey was made on the ground as per the field notes shown on this survey and is true and correct, and accurate as to the boundaries and areas of the subject property and the size, location and type of buildings and improvements thereon, if any, and as to the other matters shown hereon, and correctly shows the location of all visible easements and rights-of-way and of all rights-of-way, easements, and any other matters of record, or of which I have knowledge or have been advised, whether or not of record, affecting the subject property. Except as shown on the survey, there are no encroachments upon the subject property by improvements on adjacent property, there are no encroachments on adjacent property, streets or alleys by any improvements on the subject property, and there are no conflicts or protrusions. Adequate ingress to and egress from the subject property is provided by (name of streets), the same being paved, dedicated public right(s)-of-way maintained by (name of maintaining authority); All required building set back lines on the subject property are located as shown hereon. Registered Public Surveyor Texas Reg. No. O: 900.150 SURVEYOR'S CERTIFICATE/REPUBLIC TITLE (08/05198) Page Solo M ~nr~,Q•