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09 Referrals '. " AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS COUNTY OF LAMAR § §. BEFORE ME, the undersigned authority, on this day personally appeared Brad Drake, who upon oath deposes and says: "I am Brad Drake, and my address is 6290 Hwy 271 North, and my phone number is f903) 732-4781, and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 27-A, City Block 251 205 Loop 286 N.W. "My interest in the above described property is Owner and I do request a change in zoning from Commerc@L(C). to ~. "In support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordin.ance and the long range master plan and map that has been adopted by the zoning ordinance? YES IN pART. NO IN PART 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying" a change in zoning? YES 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? NO 5. HAS A COpy OF THE LAND DEED BEEN SU~~Ô ~ Signature of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Brad Drake on this 17th day of November, 2004. . FILED: / {- r 1] ~ot &~1 a4~ St1érian Dixon, Asst. City Clerk . Q~ JANIce L WORTHAM ~ NOTARY PUBLIC I ~ STATE OF TEXAS \ '~Commlss1on Exp\res 05-12-2005 ~IIUlI\\\~N '("1 .. " . "'. SPECIAL WARRANTY DEED . f I .~1-l . II . . IJ I ,. UU. \ , ,'..../ 'I \ Il"}}" , f ¡y, )( !! . """, V l/ .. , . : I. : t . ¡ Y L; 1\ A;r r, ' \V .: " I ; . I , 1~+OO7~ Date: ' July 13, 2000. Grantor: Paris Investments, a Texas joint venture. Grantor's Mailing Address: 1845 One Galleria Tower, LB #52 Dallas, Texas 75240. " Grantee: Richard Drake Construction Company, L.P. . Grantee'~ Mailing Address: Route 1, Box 680 . Powderly, Tex~ 75473 Consideration: Ten and No/loo ($10.00) and other good and valuable consideration, receipt of, which is hereby acknowledged. Property, <,including any improvements) ~ , , Situated within, the corporate limits of the City of Paris, ~ar County, Texas, a part of. the Reddin Russell Survey #786 and being fully described on ~ attached h.ereto and made a part hereof. The Property includes all right, title and , interest of Grantor in and to strips or gores, if any, between the Property and . abutting properties; save and except the O.4860-acre pad site being retained by Grantor as'referred to in Exhibit A. . , Reservations from and Exceptiòns to ,Conveyance and W ar~anty: ' " ' This, conveyance is made, and accepted subject to the following matters, to the extent same are in effect at this time: ¥y and all restrictions, covenants, conditions and easements, mineral reservations and leases, if any, relating to the hereinabove described Property, but onl y to the extent tJ:ley are .still in effect, shown of record in the hereinabove mentioned County and State. ' , This' conveyance is further made and accepted subject 'to the easement,. restrictions and 'other matters reserVed by Grantor" as set forth on ~ attached hereto and made a part hereof. Grantor, for the consideration and subject to' the reservations from and exceptions to , conveyance and warranty, 'grants, sells, an,d conveys to Grantee the Property, together with all and singular the rights ~d appu~nances thereto in' anywise:belonging, to h.ave and to hpld it . to Grante:e, Grantee's 'heirs, ~ieC~törs, ~(irn.inistratois, ,successors or assigns rorever'. . GråntoJ;" binds, Grantòi ånd ,Grantor's heirs, ex~utors, adminis~tors, and successors to 'warrant and , ' .. . '. forever 'defend all and singular the Property to Grantee and Grantee's heirs, executors', , administrators, successors, and assigns against eyery person whomsoever lawfully claiming or ' to claim the same or any part thereof, by, through or under Grantor, but not otherwise, except as to the reserv~tions from and exceptions to conveyance and warranty. When the context ~equires, singular nouns and pronouns include the plural. Grantee, by its acceptance hereof, hereby assumes payment of al~ standby charges, ad valorem real estate taxes and assessments with respect to the year 200ö ånd subsequent years, each to the extent attributable to all or any portion of the Property éoyered by this Deed. PARIS INVESTMENTS, a Texas joint venture BY:~~~~' ~ Herschel V. oresrer , Manager COUNTY OF DALLAS § § § STATE OF TEXAS . ,.' " This instrum,ent..was ,acknowledged before me on this ¡& day of July, 2000, by ;HERSCHEL V. FORESTER, Manager of PARIS INVESTMENTS, a Texas joint venture, on behalf of said joint venture. ' ;!!!/WbŒJd for the State' o{Texas .,,' ,', " .. .,. ..,- IUV ,~.;;- MARY TYNER ::'i.~~" rv.,;;\ Z.' ~..: MY COMMISSION EXPIRES : : . : ~...::. ..":01' 'June 22, 2001 "'~' "p' ;\..~.., ',..9....' MAD\10028\008\SWD . , " , . , ' . - 2 - ' . , . . JU~-12-00 16.47 FROM. ID. PAGE 4/!, EXHIBIT B ,TO sPÉCIAL W ARRA.NTY D EEl) , As further con~~on for tbeexecution and delivery of this Special Warranty Deed by Grantor to Gtantee, Grantor hereby reserves, estab.lj~ and imposes the following ea..~, restrictions and ~ matters, upon the Property and all applicable portions tœ.reof, and Granteets acceptmœ and recordation of this Deed Wll constitute GIantee's unconditional acceptance of such ~~ts., restrictions and other matters: 1. Access F~~mem. It is understood and acknowledged that the PrOperty includes a strip of land approximately 60 .feet wide from North Main Street (High"W-ay 271) between the O.4860-acre pad site bcing ret~inE'() by, Seller to the south (the .Pad Site-) and the K Mart property to the north. Such strip of Jand, as identified by cross-hatcllliig on ~ atf(tchcd hereto and made å part hereO~ (the .A~ Strip.), shall be used only as a 'public or private roadway, and for no other puxpose. The follo~g F°visions sball apply to the Access Strip: '"', (a) GIantor hereby rebin~ an e3Sement to v.se the A~ Strip for the puIpOsc of pedestrian and vcmcu1ar íngr~ and egress from the Pad Sìte to and from North Main Stu:d... Such, easement sball continue in effect until such time as the Acœ::;.s strip ú dedicated and accepted as a public roadway. (b ). If Grantor is ready to d.,-veJ.op the ,Pad Site before the Access Strip bas been paved, Gratttor shall have the right to improve 'a part or all of the Access Strip with black- top or other paved smfaœ.. ' , : (c) Grantor'shall have the right to ~tain at le3St two 25-foot wide access points' from the Pad Site: to ~ e A cœss Strip, and Grantor' may elect to con struct or not construct curbs or other barriers along the ~ of the common ,boundary between. the påd Site aDd the ,Aøœss Strip. ' , (d) : Grantor shall have no obligation tooontribut.e to tlK? cost of any roådway constructed by Grantee on the Access Strip, and Gmltee agrees to indemnify and hold Grantor' hånnless from and at,o:ainst any ~st or liability for charges imposed. by any th.iId party in connection with the oonstruction of a ,roadway on the Access Strip. (e) Grantee shaIlhave the right to ;n~l1 a ~ent monument sign OIl the Access Strip, v-ith such sign having a maximum width of 7 teet and a maximum height of 10 feet. Any other typ: or larger size of sign, shall be subject to the prior written approval of Grantor or its successor as owner' of the Pad Site. Such approval shall be subject to the sole , ' discretion of Grantor' (or such sU~) in the ~ of any temporary si.gri., but. shall not be' unreasOriably withheld as to any permatlP~tsign., ' , . "', , , , . . , . " , . . , , ' ," , , , " ~U~-1~-~~ lëfq~ r~UMf ¿u: & ""'....... ..., ... 2. Restrictive CovÞn~nk. 'The' Property may not be used for any entertainment, 'any $Ùe or display of mercþnA;~ or other property, or any other activity or decoration which, is obscene or se:J'l1~l1y oriented or which includes partial or total nudity. ' 3. Other Matters. . In, a~tion to the reservations from and exceptions to , conveyanœ,and warranty set fo¡th in the body of this Deed, it is acknowledged and agreed that ' , the Próperty is subject to a Covenant not to Compete for the benefit of the owner of the Paris ' I~~ Bowling Center anel an Agreement pe:rmitting the owner of the Paris Lanes Bowling Center to maint4in light poles and lights on a portion ,of the PrÇ)perty, the forms of which Cov~a.nt not to COmpete and Agreement were attacbe.ð to the Earnest Money ContraCt between GrantOr ànd Bradley K. Dtake (Grantee's pœdeœssor in inte%eSt). It is acknowledged and agreed that',Grantor reserves 'the rl¡ht, along vlith Gtantee., to termi~te said Agreement (by requiring the owner of the Paris T ~~ Bowling ~t~ to- remove the light poles and lights) or, alternatively, to require Grantee to temùna%e said Agreement. 4. S~rs and A.~~ The easements, restrictions and othc-r mat:t.en set forth herein shall constitute covenants running with the land and shall be binding upon Gtantee and ' its successors and assigns, and upon all persons or entities acquiring any interest wMt~e¡' in , or to all 'or any portion of the Property, and shall inure to the benefit of Grantor and its successorS and assigns. " ,'- 2 -, ' . . .. , , " . . ' . , I ' I ~' if" ¡ ..~ '. ~ ---- 'f1 \.ur" . -J- i \S ".~\ - - - - ¡ 101 i 27 E '- ;;....""~... 40' s.... E...L: +- '1, . ~ p"'" 0\. I\'L _r:::::. ~....._'_.."_...~ £. --..,-, , - r¿,Çj ~'-~-~=-~.==--.:!:::--=-2=-:'----- ~ -- !,,¡ on !!! ¡ ... i , ; ì c'f. ~ ¡ ~\O i, ¡ v .. i 11 .¡ . s ! :j , ¡ ~ i .. I ~ i \.rP'- ~ i . ,!I\ I :: . I\'L pOll 1 I ~o\. I ì I \. I ~\.O{ I ~. I~ ! i .. "VI i 5 89"04"05 I "'1~" ,"~\I""..¥ r'~"'~ I I I I I I i i i . I i I I I I I, I ,1, par\8 YftI8"V"'I'\' II: ~ § t ... .,; t; j" "ii ~ - ~ .. ~ ; II .; ... i III ~ .... v, «}OC't- Õ en ',1:\ ," ~" " .t N 88'45'55" E' 'II. f\ .. 1'1-\'1.& ,... 101 27'1. 17.9023 AC 779,822.71 SF' 'i,'J\ . Ô~,,\ loti JO I '\'!rot l~ -. .1 UI ¡ Yet. 879. Pave!l7 lCOII Ir. 15 .. 14,281 4 ¡ 11', f4 .. 2 4 é\\. i cf I ~ . rß '\ '" l' - ~' f on . ~ 8 1 z 11'\» ,I,S ~= '(j IJ, A. """" _I ~ Sue 0.. cr.....tt 8.310 101 27 E ~I..('¡ " ,~ I 797.05' N 88"07'06" E N "C11'4 yo...""""'" , I ...., 0' h r Õ ,. z '?1 251.07' . ---Ih N 0212'19" w, ;ì__~~~., N 89-d2'46" E 240,18' I ...(\ 'f' . .¡." ",# I ' i' in: 0 oi .... .... ...., (/) v. f\ .. 2,1.\28 ,... ~ 10127 \"" ',.\!IO"" ,,81""'" f. ..."'- ~1 \.~ '*' ø, pdfl S O(\e . t:. \.: ~ O(\~ c 0 ~ . .:::: Q.' z Iot17C r¡,~ '\ ! Cash & Carry Furniture ¡ 41 ld)R '10\. ! ,,"" POfl8 ~ .. erad"""f 81. ... ! If, fI 0..\ OC lot ~ _1 If, p., v c\\ i I . . '~ V\ ""'t) rn (:) - » r m ~ :+::. - (FÞ - -; ~ :;p. ~ P ::Þ Z. ~ ~ p (:1 m m \:::I' '. . " . I EXHIBIT "Au . . Nelson Surveying Company 920 North Main Street Paris, Texas 75460 903-785.3551 fax 903-785-3399 e-mail jimn@stargate.1starner.com Jim Nelson, owner J. M. Nelson, Registered Professional Land Surveyor of Texas, #4025 CB251-27A. Disk-273 N. Main St.! NW Loop HWf. 286 RRusseli #786 FIELD NOTES Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part . of the Reddin Russell Survey #786, and being a part of a called 22.128 (tr. #1) acre tract of land and all of a called 0.34 (tr. #2) acre tract of land conveyed Paris Investments by deed recorded in Vol. 612, Page 851, of the Deed Records of said County and State. . Beginning ata post (fY for comer at th~ Southwest corner of said 22.128 acre tract, the Northerly Southeast comer of a called 37.545 acre ~ract of land conveyed Artis Edzards by deed recorded in Vol. 576, Page 889, of said Deed Records; and in the North Boundary Line of a calle9 14.299 acre tract of . land conveyed Virgil Lee Williams et ux' by deed recorded in Vol. 679, Page 597, of said Deed Records. Thence along a fence along the South Boundary Line of said 22.128 acre tract as follows: North' . 88°45'55" East a distance of 797.,05 feet to a post (f) at the ,Northeast corner of a called 2 acre tract of . land conveyed said Williams by said deed, said point also being the Northwest corner of tract 2 as conveyed Billy Brockway et ux by deed recorded in Vol. 674" Page 48, of said Deed Records; North 88°07'06" East along the North Boundary Line of said Brockway tract 2 a distance of 251.07 feet to an iron pin (f) for. corner at the Southwest corner of a called 2.150 acre tract of land conveyed Herman F. Maurer et ux by deed recorded in Vol. 836, Page 57. of the Real Property Records of said Courity and State; , Thence North 1 °13'03" West a distance of 339.05 feet to an iron pin (f) for corner at the Northwest corner of said 2.150 acre tract; ... " , Thence North 89°02'46" East ~ distance of 240.18 feet to a nail (f) in a washer for corner at the Northerly Northeast corner of said 2.150 acre tract; . ' .' Thence North 2°12'19" West a distance of 19.60 feet to a capped (JMN - 4025) iron pin (s) for comer atthe Northwest corner of a ,O.4à60 acre tract of ,land surveyed ,this same day; , Thence North 89°04'05" East a distance of 154.09 feet to a capped (JMN . 4025) iron pin (s) for' comer at the Northeast corner of said 0.4860 acre tract;, Thence in a Northerly direction along the West Boundary Line of N. Main St. around a curv~ ' (R=3879.72', C=North 2°30'33" East 60.11 ft.) to the right a di$tance of 60.11 feet to a capped (JMN - 4025) iron pin (s) for corner at the Easterly Northeast corner of said 22.128 acre tract, said point being the Southèast corner of a called 6.390 acre tract of land conveyed A. John Hecht & Sue Ellen Cravatt by deed recorded in Vol. 654, Page 367, of said Deed Records; . Thence South 89°04'05" West a distance of 756.81. feet to an iron pin (f) for corner at the Southwest corner ,9f a calle~ 1.7431 acre tract of land conveyed out of said 22.128 acre tract to A. John Hecht & Sue Ellen Cravatt by deed recorded in Vol. 280, Page 219, of said Real Property Records; Thence North 0°55'34" West a distance of 536.34 feet to a capped (JMN - -4025) iron pin (frs) for corner at the Northwest corner of said 1.7431 acre tract; , ,Thence along the Southerly Boundary Line of Loop Hwy. 286 as follows: South 83°52'281l West at , . , 13.02 ft. passing the Westerly No'rthwest comer,of said 22.128 acre tract and the Northeast corner of said 0.34 acre tra,ct, and continùing on a' total distance of 47.02 feet to a concrete marker (f); ,South ',74°38'55" '{Vest,a qistance of 578.23 feet to ttle inter~,ection of the Southerly Boundary Line,of said Loop' Hwy. 286 and the Easterly Boundåry Line' of the Kfa'michi Railroad,' said. point being a" Northwest cofn,er ,'," of said 22.12ß acre tract, said point' also 'being South 74°38'55" West a d,istance of 0.37 ft. fròm' a ~.oncrete marker (f);' " .' , ' " 1 .. ..' . ' . .. . '. . Thence SÇ>uth 22017'40" West along the ~asterly Boundary Line of said Kiamichi Railroad a distance of 212.47 feet to a capped (JMN - 4025) iron pin (s) for comer at the Westerly Northwest corner of said 22.128 acre tract, said point being the Northerly North corner of said 37.545 acre tract; Thence South 1015'37" East along a fence a distance 'of 619.96 feet to the place of beginning and , containing 17.9023 acres, of land, or 7,79,822.71 sq. Jt. of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the abov~ depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 30th day .of June, 2000, and revi~ed on the 7th & 12th days of July, 2000, that , there doesn't appear to ,be any visible easements or encroachments other than those shown thereon, and that, this tract of land does not appear to lie in a flood zone as indicated by Community Panel No. 480427 0001 B of the Flood I~surance Rate Maps. ~~,d~ J~M. Nelson, RPLS of Texas, #4025 7-/Z~ ,,~ date , - , ' .. 2 , . - I' . . . AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS COUNTY OF LAMAR § § BEFORE ME, the undersigned authority, on this day personally appeared Lee Woodard, who upon oath deposes and says: "lam Lee Woodard and my address is 7010 Hoaans Bluff. Paris. Texas 75462 and my phone number is 903-737-0119 and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 35-B, City Block 249 3025 Clarksville Street "My interest in the above described property is Agent and I do request a change in zoning from Nei hborhood Service District NS to Commercial DisttlçL(Q) "In support, of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? Yes 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? Yes 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? Yes 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? . No 5. HAS A COpy OF THE LAND DEED BEEN SUBMITTED? Yes ~~// Signature of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said 8th day of December ,20 04 . Lee Woodard FILED: \ ~ ~ 2 - ðJ cj ¡QÍt2hi~~ Sherian Dixon, Asst. City Clerk , , Dec. 7, 2004 .. I, Dewey L. Woodard, give permission to my son, Lee Woodard, to be my agent to request a zoning change for property located at 3025 Clarksville 81. The property is zoned Neighborhood Service and request it be changed to commercial. ~ Y. -Q /:1--1-0/ .'.o"'-"""""""",,u,u TEXAS STANDA"D FD"" . . . . 7ð,.2t1 -9/ mqr &tatr nf UJrxaøf C!tøutdg øf Lamar } .'.,¡/ I(uuw 1\11 ~tn by W4tst Jrtstntø: . . That We, HORMAN F. MONTGOMERY AND WIFE. MARY H. MONTGOMERY of the County of Lamar State of Texas for and in consideration o~ the su~ of Ten Dollars and no/100 ($10.00) --------------------------------------- Cash and other good and valuable consideration DOLLARS to us in hand paid by ~ DEWEY WOODARD. the receipt of which is hereby acknowledged; ~ , as f¡:ùlows: is :Þo-r¡. X¡= ~ 5;g; C"") n.." W '::'I <::) - c:;::: z- -1"'" !;: :< ~ _.,..0 mE'- x' ('};:t\ 0»- c:~. z:r: -t-(, -< ("')"'0 0 r-O fT rt:JO ." ::0 ï ,~ c: ~f'l1' '" .... -< 0, 0> .. . have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey. \Into the said, DEVEY WOODARD 3025 Clarksville St. Paris, Texas 75460 of the County of Lamar State of Texas all that certain tract or parcel of land, situated in Lamar County, Texas and being described as follows; Being a part of the George W. Cox Survey, and being a part of 88 acre tract of land conveyed to Dallas Utility Co.. by deed of record in Book 376, Page '442, Lamar County Deed Records and being fully described on Exhibit "A'" attached hereto. The conveyance evidenced by this deed is made subject to any and all restrictions,' covenants, conditions 'and reservations of record if any, applicable to the herein conveyed property or any part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto 1he said Dewey Woodard. his heirs and assigns forever and we do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Forever Defend, all and singular the said premises unto the said Dewey Woodard. his heirs and assigns, against every person whomsoever lawfullý claiming, or to claim the same, or any part thereof., by through or under, the grantor. this WITNESS our hand s at Paris, Texas 30th day of December 19 Witnesses at Request of Grantor: 91 -......... ................. """'" . ........... - ..-... ..... -... . ....... ..... ... ..-....... . ' ~;!f~.:2.. .... ~ ~ ß".. ...........::~ 'lZ~,Ÿl~~r-;r . "~~:r'::\"""""""" Mary H.t11°ngtomery IT (J o' ..-.-- ......... ........ ........ ... ... R ~ . .....2..5 6- P A tìE.172. ...... ........ ........ .'. . . , ~;:, ,:: , ,'~ .', , , ',' ':',:,' UHlllt' 8A8 . ' .' , ¡Property Oe.cr1pt1onJ """: . , , :. . '~'. ' , ", " : ' , . Situated within the Corporate L~itl of the City of Paril, County of Lamar, and State ~f Texal, a part of the C80rSl W. Cox Survey, and beiDa a pare of a 88 acre tract of land conveyed Dallal Utility Co. by de.d rlcorded in Vol. 376, Page 442, of the De.d ~cord. of laid County and State. , BEGINNING at an'iron'p~n at the interlectiOD' of the North Boundary Line of ClarklYill. St., with th~ Ealt Boundary Lin. of Johnlon \,' Woodl Driye, laid point beins a .di.tance of . ',,:~ 999.8 ft. W.,t of the molt Southerly South- . ;:'¡. ealt corner of laid 88 acre tract, a. mealured ' ,:, ' alon& the ,North Boundary.Line òf ClarklYille St".1~ , ': . ': , .,~ ~" , 0 , ." "'. , ': " . . .', .,. " THENCE. North 22. 221 Ealt 81onl the B.ae Bound.r1"~ Line of Johnlon Woodl Dr.". diltanc. of ISO .ft. .1 to an iron pip. for corner: .. " .. 0 . THENCE South 688 491 Eå.t a dI.tanca of 150 ft.. '.: . to an iron pin for cornar, .aid point beins 1n ¡. . the We.t Boundary Line 9f the Plaa.ant Gr~Ye , 1 : Conyal.acent Home property ¡ . '.: : , , . :,. .,' THENCE South' 22. 22' Welt alonl th~ Weat BoUndar1 :..' Line of the. laid Cony.l.acent Home property. 8 . dlltance of 150 ft. to an iron pipe for corner, in the North Boundary LLn. of Clark.vill. St., . , . laid point beinsia a curve to the risbt hav1n¡ a radIuI of 5321.48 ft. and a delre. of curvature of 1. OS': " , ',0 THENCE 10 a Horthw..terly directIon a1onl .aid. curve"to the risht. a diet.ac. of 150 ft., to,~ plac. of bea1nn1n¡. , d , . . . , . . . RP 256 PAc£174 AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS COUNTY OF LAMAR § , § BEFORE ME, the undersigned authority, on this day personally appeared Mitzi RAder "lam Mitzi Rader , who upon oath Qeposes and says: and my address is 3210 FM 195 and my phone numberis903-782-9092 and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Part of the Wesley Askins Survey:"and Mathias Click Survey As described on the attached Exhibit A ~bocated South of FM 195 and Wêst of 36th Street\NE "My interest in the above described property is::Agent: '. and I do request a change in zoning from Agriculture District (A) to One-Family Dwelling No.2 P1stiîct (SF-2) "In support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? Yes 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? '. Yes 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? Yes 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare, O. r. protect and preserve historical and cultural places and areas or meet a substantial public need? ,," Not Applicable 5. HAS A COpy OF THE LAND DEED BEEN SUBMITTED? SWORN TO AND SUBSCRIBED BEFORE ME, by the said 1st day of December ,2(fJ4 . Mitzi Rader . c!/ FILED: g~.~~ (1¡p Sherian Dixón, Asst. City Clerk ~\lII/"I..", ~ JANCE L. WORTHAM t~ NOTARY PUBLIC \~ STATE OF TEXAS ~QIIII/III1\\\\~~ My Commission Expires 05.12.2005 flA~ e Pecan L;)/ht""s- Property Description Entire Subdivision Being all that certain tract of land situated in the City of Paris, Lamar County, Texas a part of the Wesley Askins Survey, Abstract No. 7, and being a part of the First Tract and Second Tract conveyed to the Rader Family Trust by deed recorded in Volume 1256, Page 250 of the Lamar County Real Property Records and being further described as follows: Beginning at a fence post found for comer in the West line of 36th StreetN.E., the existing most easterly Northeast comer of said first tract above; . Thence South 0°54' 17" West with the West line of 36th Street Northeast a distance of 1431.93 feet to a fence post found for comer; Thence South 60°24' West a distance of 58.01 feet to a fence post found for corner; Thence South 89°42'58" West with the North line of Clement Road a distance of 661.20 feet to a fence post found for comer; Thence South 67°42' II" West with said North line a distance of 48.24 feet to a fence post found for comer; Thence North 89°43'45" West with the South line of said First Tract and the North line of a tract of land conveyed to Richard Grossnickle by deed recorded in Volume 1320, Page 174 of the Lamar County Real Property Records a distance of 140.46 feet to a fence post found for comer; Thence North 89°31 '43" West continuing with said common line a distance of 1145.77 feet to a fence post found for comer; Thence South 89°04' 10" West with the South line of said First Tract and the North line of a tract conveyed to Phillip Clifford by deed recorded in Volume 411, Page 111 of the Lamar County Real Property Records a distance of293.36 feet to a point for comer; Thence North 10°38'51" West with the West line of said First Tract and the East line of said Clifford Tract a distance of 915.91 feet to a point for comer; Thence North 55°18'37" East a distance of 1970.76 feet to a point for comer; Thence South 59°00' East with the Northeast line of said Raider Second tract and the Southwest line of a tract conveyed to Clyde Darnell continuing with the South line of Lot 1, Elk Hollow Estates a distance of 1058.37 feet to the place of beginning and containing 83.366 acres of land. .. . " ,r WARRANTY DEED Date: November 8, 2002 Grantor: BUCK RADER by and though his attorney in fact, LINDA RADER and wife, LINDA RADER Grantor's Mailing Address (including county): Route 10, Box 65, Paris, Lamar County, Texas 75460 Grantee: LINDA RADER and :MITZI RADE~ Trustees of the Rader Family Trust by Trust Agreement dated November 8, 2002 Grantee's Mailing Address (including county): Route 10, Box 65, Paris, Lamar County, Texas 75460 Consideration: TEN and NO/lOO DOLLARS (SI0.00) and other good and valuable consideration. Property (including any improvements): SEE EXHIBIT "A" A IT ACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES, - ~. . JUST AS IF COPIED HEREIN VERBATß1 "~':" Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to any and all restrictions, covenants, conditions, easements, rights of way and reservations of record in the hereinabove mentioned county and state, if any, applicable to the herein conveyed property or any part thereot: including but not limited to the following: As may of appear of record. TIllS DOCUMENT WAS PREP ARED WITHOUT BENEFIT OF TITLE EXAMINATION. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, WARRANTY DEED - PAGE 1 , EXHIBIT "A" " . . . . , .. , ,.' , . " . . " , . ' ..: - ' , , , " , . - :':'~':-':':'::-:"':-":':,~-..:,,'.>';-,.., ':.:- .": '.".-- .--' , - ,. . " .' '. " ",',", ,'. "", , . , , . . .. ,," ., . -,~....~ .:"-~-~""'i_~~-"--"-""". .. '" , ..'.' , . - " - ,,' ," , . ' . " , .-, -P7~_.-. ~ ,I '... ". riP, LÅMAR'~ ". . ~ ..) , KNOW ALL }ŒN BY THESE PRESENTS: That we, Buck Rader and Linda Rader, husband spa wi~e1 or the County of'Lamar and Stat9 o~ Te~as, do hereby, under, and- 'by virtDe or the Constitution and thg ls'H9 o:f the Stat~ 'of' Texa9, in such ca'sas made ond provided, è99ignata and sat a"pa'rt GS =our homestead ths following d~~crib8d land situgted in Lsmar Ç9u~ty, Texas ~ to-wit: . . -. ,', .' .' ..., '.. . , '.' .. .' " Baing out '01: the ~1'¡e~19Y Askins Sur't197; and the ;'Tathias Click Survey, and- desor1bed in ~ tracts, a~ fol1o~5: FIRST ~rlACT: Part of th9 Westley Askins Survs7. BEGTITNING at 9 point ôn tb9 ~~ line or tb~ Pin~ 31uff R~að at the ,qw corner of a tract of land belon~ing to F. L. Brantley. :._~~:I.rJ::1l!;NCE with the EB line Qf said road ;;. h3?t da~. :.-1.727 :feet, s. 53~ des. Wast 263 re~t~ and s. S4 deS. We9t 6h3 f9at. ':L'l1.b;ßCE South 4?~ deg. East 225 feat; s. 76~ deg. Es st 58 :fe9t; N. 65t dag. East 1187'feet. TB~CE'South 56~ des. East 1689 fset to a road. ~llHj4:.NC'E North wi th said road 795 feet to the SE corner of" a traot 6~ land belonging to F. L. Brantley. THENCE ,..:1th the, SB lin~ of' said BIagntley t~act :a. 59 deg. w~st 1710 £eet to t~a, place of bagipning, containing JO.73 acres~ SECOND TRACT: Beginning at 8 po'lnt on sa line of :"¡eslay Askins" Survey,... 269 poles and 2 l.inks H. of: the SE corDer' of' . sa id \{. Askins Survey, the. s~me alsp baing the SE corner of a tract or 105.9 acres of land conveyed by J.. li~, DeRbong aDd wi.fa to T. H r Booth~: by'd&ad dated Apr11l9, 1902~,recorà8à in Book 104, Page 403 t Lamar' County Dead Rec~rds. . . "'..:.. THE..'P.iéE 1-Ý. 954 var~s mere or less to: a point iñ SB line' o:c ~3id tract, a~so 8 point O_D E.. side of", Bingham branch.:' '- THIDTCE in a Northerly;' direction Hith said b-r-3!Jch ~37.3 ~~~9. -:-!or9 or less to a point on E. s~de or Bin3ha~ Br9nch, which p~i~þ is 12 varas, mars or less, South or an ell corner or said 105.9 acr9-- tract and the SW corn~r or- a 16 Acr~ tract own9à òy Tom Saylars. Th~NCE w. crossin~ Bin~h9~ Branch 200 vr9. more or 1983 to .. ~J . a stake on Pine Blurr Road~ '111i~HCE alóng said Pin~ Bluff ~)o8d in ,9 H.~. direction 170 vrs. to Binghan Branch. ~rtENCE with said brgnch to a Southw~sterly àire~ti~n l~~ varas, mora or less, to the SW corner or Ð 16 acre tract owned b~ Tom Saylor s . T"rlENCE with Saylors 1 lin~ 11. 66 dSß. ~. hSl: 6h vrs.. ~~CE s. 56 3/L~ à9g. E. 609.5 varas. THENCE S. 247.9 varas to the p13ce of' 'beginning, cantalning 72 acres of'land. "'- _.- "'" ..- -._- ...-------- -- - '- . -- -"'--" .. --..,. - -.. .. -,.,..- -----..--, - .. " ,- - ,.- ....' "-'-- -- -, --'--:-~-:---:-,. SAVE and EXCEPT:LAND PREVIOUSLY SOLD OFF. . . , ' . . . ' - , - , . , ., ' - .. . , '-,' " , . ." -" , - .. " ,', -' , - -, ',:' - r: . .. . " , . . .. ,; . , "." , . -. .. " . , , , , . , . ' . . , , , ... .. j, : ' administrators, and successors, to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. EXECUTED this 8th day of November, 2002. &vdL 'R~ ~d4' "RtWWvp()A . ~ or J - ~ - --l ~ "- - - ~ BUCK RADER, by and though his attorney in ~~ -'"'i~. fact, LINDA RADER and wife, LINDA RADER (Acknowled gment) STATE OF TEXAS ) ) COUNTY OF LAMAR ) ~~~ ~ This instrument was acknowledged before me on the 8th day of November, 2002, by BUCK RADER, by and though his attorney in fact, LINDA RADER and wife, .L1NDA.. ' ,~, ~.' "':;"?I-..:'...a~_.s:.:H-"'.A1..U--"'~ . }¡. ~:\!--"'v Pile"" f\,itARY CLARK ~~~'-~ NOTARY PU.BLlC ,~. Go STATE OF TEXAS "">:'~E' OF ...cj-'r My Comm. Exp. 04-11-2004 . .-. N exas AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: TIlE MOORE LAW FIRM, L.L.P. 100 North Main . Paris, Texas 75460 Mr . and Mrs. Buck Rader Route 10, Box 65 Paris, TX 75460 WARRANTY DEED - PAGE Z NOU~lè~2ØØ4 14:52 FROM:THE SIGN RESOURCE IN 727-669-7536 TO: 121436384Ø9 P.2 AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared § . ',-,' . who upon oath deposes and says: and my address is ~ and my phone number Is d1. -'JZk:;o and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Part of Lot 6, City Block 322 2035 Spur 139 -My Interest in the above described property is 0 \)J n e- V" and I do request 8 change in zoning from ~ to f l fA '" '1 QÅ De~lo f vY\ ~ ~ +- "In support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? '/ e 5 '-' 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? 'I £'5 3. Is thê tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? 'I e OS 4. Does the re-zoning bear a substantial relationship to the public hearth, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? Y IE S 5. HAS A COpy OF THE LAND DEED BEEN SUBMITTED? &~~ ¡fl/()..",h tJ ) Sign8tu~ ~ ð.3 SWORN TO day of ' ED BEFORE ME, b~ ~.said -' 2 O.J.C::¡:: . ~"H",,~ I.:~~~y ~~t> CHERYL L. ALEXANDER rr ': Notary Public, SUIte of Texas \$.. .:~ My Comml8l10n !:xþires """",," '.'~ç ~/'.~r,~,'~ July 10,2001 't::; "--,, FILED: Notary Public, State of Texas Shenan Dixon, Asst. City Clerk j) ~ a 'YL (lvJ if'I ' I ' ~ ~ -0 V NOVL12~2004 14:52 FROM:THE SIGN RESOURCE IN 727-669-7536 ;: S' C'I L It 5' ~ ,.'. """""~.i'.i."""",,". (¡jj Þ' I-.llj. II -I I " I ..0-.8 " TO: 12143638409 "I. .". "'.' -"" .".."" ,.". ", l i I ,:' I til t ! i - I 't. j ¡ i 4j ~ j I J ". I.. « i Isl ' wi ã ~ U!¡. : ~ Ii ti" ~ ~ft ~ . i Jj '" .t Jj tiil i ': ! i a_.. ill I ' S ! i j ~ B t~ g , I . I I . 11111 J' ! 1:1 ~II; I II Ii. 1 ii, ) 'It II! IkHIII. I II: I . , , .~ ..... ~ 't:.! S! g .LQ I> b &ti .c: b I4i .5 ~ . ! P.3 ~¡! ~f~ ' ~ii ! ß~ I ¡It II~ øO-,~" ,,0-.09 Oupaaujêu3 J9d I ~ B i::: !~I '.. '1"'" , ".. , , ,I ""'.. , - / "'" / ~.. / "'.. / ", / ...., (" ".. """ , I ....') \ ~ ¡ \; j \ 1 \ i I I \ i t. : --J..-..._----._-------------------_.....-_--------------------_--3 --.----..---------.----- ~!8 .....~ ~ti ]Ü i 851851 idid.;iiJ - ........ ~ . CD .. - ~ II!! f- . J, jilt ~ 3: ...!...... 2 f- . !i ';Î It! S ~ I t:= ..: . ;; ~ ï Æ 11 c: I f:r 0 ØI:iI:i ~ ..a ~ bOd 60178£9£171:21::01 ~ 4 --=--- ; ~ .---"- '"' .---.., -- -",,- .. ... 1 I ~ 1,1 \ }Jt1 ~ ~~~ . ..1iI- I I I .~ ! \) i -~ -~: ~ . I l\ ~ ~ m f~ 12 1 I . I I I i . , I I I I . I I . i . . I . I 1 --------.---- _'!!t-----------------.---+ l .IID'1IZt' 3.tt.ZU8 N . . -.. -- -¡,.- . I .. I I: i" + ,II ~ OD., I' Q.~ ... '. ':. 'i I ) c ca - a.. :m VJ ...., I to ! " ~ c:: 8 9££L-699-L2L NI 3J~nOS3~ N9IS 3H1:WO~~ ££:171: b002-21:~~ON , <::) <::) It) C\J lr)1 I . ~ I I A I I I N 89.32'35" E I 37.40' lL I I I I I I I I I 1\ D=or1 9'24" R=7369.39' L=31.63' 1-75.87' CB=N 83.36'14" W CL=31.63' . 15' Easement Reservation (power; telephone &- cable) Volume 1007, Page 211 D.R.L. C. T. Randy G, Roder . Called 22. 89 acres Volume 671, Page 370 D,R,L.C 1. , lr) ,C\J '" ~I <::)1 <::) ~ Mark Buster 11,933 acres Volume 1007, Poge 211 D.R.L. C. T I N 0077'25" W I 4723' SIGN EA BEMENT 7,544 SQUARE FEE T 0. 035 ACRES Point of Beginning ~ S 00'27'25" E 57.00' -------- -- 1/2" IRF ;- D=26 '03'54" R=1369.39' L=622. 97' T=376,97' CB=S 6!F54'35" E CL=61761' D= 7"43 '06 " R=1369.39' L=184,47' T=92.38' CB=S 86'48'06" £ CL= 784. 33' Spur 139 and L GOP 286 (Variable Width Riqh t-of- Way) 0 20' 30' 40' ~ SCALE IN FEET Signed on this 2.?rlay of /J1?Þ:t"""H1"L. 2004. ~'£¿I!~ Bob 0. Brown Registerd Professional Land Surveyor No, 1744 State of Texas EXHIBIT B ~ ENGINEERING ~ ASSQCIA TEs, INC. rHCII£EI/S . P<ANHDIS . .5LW1£rc>rs 12300 FORD RQ4D. SLIITC II. (on) _-'7J1 DALiAS; 7FXAS 15234 ("2) _-1131 REV-O 11-23-1)4 BOB QlR JeW JeW DATE PRN PM DES DRW .'"' NAME.- ..,,- RCV-. JDS NQ., "'" GAil, IIhJIÞ< ~544 SQUARE FEET OR 0,035 ACRE TRACT SlTUA TED IN THE CrTY OF PARIS. LAMAR COUNTY, TEXAS t 544 SO. FT. EXHIBIT B SIGN EASEMENT 2 OF 2 , , SIGN EASEMENT Being a tract of land situated in the Reddin Russell Survey, Abstract No, 786, Lamar County , Texas and being part of that certain tract of land con veyed to Mark Buster according to deed thereof recorded in Volume 1007, Page 211 of the Deed Records of Lamar County, Texas and being more particularly descrIbed as follows: BEGINNING at a 1/2-inch iron rod found in the north right-of-way line of Spur Highway 139 (variable width right-of-way) and Loop 286 (variable width right-of- way) for tHe southwest corner of said Mark Buster tract, some point being the southeast corner of that certain tract of land conveyed to Randy G. Rader according to deed thereof recorded in Volume 671, Page 370 of the Deed Records of Lamar County, Texas,' THENCE, North 00 degrees 27 minutes 25 seconds West, departing the said north line of Spur Highway 139 and Loop 286 and along the common line between said Mark Buster tract and said Randy G. Rader tract, a distance of 47.23 feet; THENCE, North 89 degrees 32 minutes 35 seconds East, departing the said common line between Mark Buster tract and Randy G, Rader tract a distance of 31.40 feet; THENCE, South 00 degrees 27 minutes 25 seconds East, a distance of 57,00 feet to the above mentioned north right-of-way line of Spur Highway 139, some point being in a non-tangent curve to the right hÇJving a delta angle of 01 degrees 79 minutes 24 seconds, a radius of 1369,39 feet, a tangent length of 15.81 feet and a chord that bears North 83 degrees 36 minutes 74 seconds West a distance of 37. 63 feet; THENCE, along the said non-tangent curve to the right a distance of 37.63 feet to the POIN T OF BEGINNING,. Said property contains a computed area of 1,544 square feet or 0.035 acres of land, more or less, Signed on this ~ r~ay of f! &' ~r'~,{,;- 2004. ¿;;(4æ~. ~~~ Registerd Professional Land Surveyor No. 1744 State of Texas EXHIBIT A ~ ENGINEERING ~ ASSOCIA TEs, INC. ENG1II£EIIIS I'tAHHCJIS SIR...."".. 12.JOØ 1"DRD ROAD. SU7C "0 1'72) --J1» DAlLAs, 7£XAS 752.. lOll} 4I16-61JZ 0"" HAM£, ..".... .ø 1/0., "." ~O DAœ '~J~ REV-D 11-23-04 BOB DATE PRN CUR PM JeW JCW DES DRW 1,544 SQUARE FEET OR 0.035 ACRE TRACT SlTUA TED IN THE CITY OF PARIS. LAMAR COUNTY, TEXAS ~544 SO. FT. EXHIBIT A SIGN EASEMENT 1 OF 2 Bk 1:11:-01993...... OR Vol 1528 P9 31:13 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE OUT ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Filed for Record in: llUUtr tOUR h On: Sep 30,200~ at 0~:58P Michael J. Chaiken, Esq. Chaiken & Chaiken, P.C. One Galleria Tower 13355 Noel Road, Suite 1320 Dallas, TX 75240 As Q Recordings DocuMent NuMber: 00019932 AMount: 19.00 STATE OF TEXAS SPECIAL WARRANTY DEED WITH VENDOR'S LIEN OLl-IIQp § § § Receipt HuMber - 13617 8!1 , Jud!f Grl1!1son KNOW ALL BY THESE PRESENTS: COUNTY OF LAMAR LEWIS BROS. PARTNERSHIP, a general partnership ("Grantor"), for a full valuable cash consideration to Grantor paid by PARIS-MAYS, LP, a Texas limited partnership ("Grantee"), the receipt of which is hereby acknowledged, and for the additional consideration of the execution and delivery by Grantee of that certain promissory note (the "Note") of even date herewith in the principal sum of $2,250,500.00 payable to the order of Compass Bank ("Lender"), the payment of the Note being secured by a first and superior vendor's lien (the "Vendor's Lien") and superior title retained in this Deed and by a first lien deed of trust of even date herewith from Grantee to David L. Roberts, Trustee has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Grantee all of that certain parcel of real property situated in Lamar County, Texas and described in Exhibit "A" attached hereto (the "Property"). TO HA VB AND TO HOLD the Property, together with the rights, easements, and appurtenances thereto belonging, including all right, title and interest of Seller in and to adjacent streets, alleys, and rights-of-way, unto Grantee and Grantee's heirs, successors, and assigns, forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to ,WARRANT AND FO~VER DEFEND the Property unto Grantee and Grantee's heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. However, this conveyance is made subject to (i) standby fees, taxes and assessments by any taxing authority for the year 2004, and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in SPECIAL WARRANTY DEED WITH VENDOR'S LIEN - Page 1 Mays.87 - Paris, Texas I)CII)19932 B~R Vol :1.528 Fag .3 CI4- land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13 Texas Tax Code, or because of improvements not assessed for a previous tax year (except that Grantee shall be responsible for the payment of any and all so-called "roll back taxes", up to, but not exceeding $5,000.00, and Grantor shall be responsible for the payment of any and all so-called "roll back taxes" in excess of $5,000,00) (collectively, "Ad Valorem Taxes"), as well as to (ii) the exceptions indicated on Exhibit "B" attached hereto, to the extent that they are in effect and apply to the Property (collectively, "Permitted Exceptions"). Grantee by acceptance of delivery of this deed accepts the Property subject to the Ad Valorem Taxes and the Pennitted Exceptions. But it is expressly agreed that the Vendor's Lien securing Grantee's obligations under the Note is retained against the Property until the Note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. Grantor hereby assigns its interest in the Vendor's Lien to the Lender without recourse, representation or warranty. Grantee's address: Paris-Mays, LP c/o Mays & Company 5949 Sherry Lane, Suite 1570 Dallas, Texas 75225 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed with Vendor's Lien to be effective as of the 30~dayof $,~, 2004. GRANTOR: LEWIS BROS. PARTNERSHIP, a gener . ,artnership ~ By: . Name: b4¿L-JA-t.Þ /2. 1-£ ¡ ~~4 . Title: M~6/^-'b /,,4/2/"1lÅ' - STATE OF TEXAS § § § COUNTY OF LAMAR This instrument was acknowledged before me on this the 3Ò~ day of ~, 2004, by tö'Wl&. ltew's 'J I- , as of LEWIS BROS. PARTNERSHIP, a general partnership, g~O600006DDDDD6DØDDDDDDDDDOOOOOO..OQ61 [SE~L}.,,\~~ÿ'p'D}, DENISE MOFFITT: 0(1 ,,\ .'. 0(" N P b I' ~ g [~~.' -,b'.-c{~ otary U IC ~ g~~..~ :J';¡¥ STAT~ OF TE~AS ~ ç -;'-:.ú',:. .' ~f My CommiSSion ~ ~ , ".:. .. ~~' g "'~~~ OF"\\;~,"" Expires 12/02/2005 ~ " """ ~ O~~~V~9.~~..nUO~~?~~~~~VÞGOO~UU~..Q.~. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN - Page 2 Mays,87 - Paris, Texas t)()I) 1. 9932 e. ...~ OR Vo1 1.528 pg 3Cl5 EXHIBIT" A" PROPER IT LEGAL DESCRIPTION BEING a tract of land situated in the Reddin Russell SUrvey, Abstract No. 786, Lamar County, Texas and beiDg part of that certain 11.933 acre tract oC land conveyed to Mark Buster according to deed thereof recorded in Volume 1007, Page 211 of the Deed Records of Lamar County, Texas and being more particularly described as follows: BBGINNING at a 1/2-inch iron rod found in the north linB of Spur Highway 139, (having a variable width right-of-way) for the southwest corner of B~id Duster tract same point being the southeast corner of that certain tract ot land conveyed to Randy G. Rader aecording to deed thereof recorded in Volume 671. Page 370 of the Deed Rscords of Lamar County, Texas; THENCE North 00 degrees 27 minutes 25 seconds _West"~eparting the north line of above mantioned Spur Highway 139 and along the" common west line of said Buster tract and the east line of said Radar tract a distance of 525.00 feet to a 1./2-incb iron rod set: for corner, whence a 1/2-inch iron rod found bears North 00 degrees 27 minutes 25 seconds West a distance of 179.92 feet found for the northwest corner of said Buster tract; THENCE North" 89 degrees 32 minutes 34 seconds East departing the said common line between said Buster and Rader tracts a distance of 320.00 feet to a 1/2-inch iron rod set for corner, THENCE South 00 degrees 27 minutes 25 seconds East a distance of 535.80 feet to a 1/2-in~h iron rod set in the north line of said Spur Highway 139 and the south ine of said Buster tract, THENCE South 89 degrees 08 minutes 29 seconds West: along the north line of Spur " Highway 139 a distance of 136,05 feet to a concrete monument found for the point of tangency of a tangent curve to the right; THENCE along said curve to the right having a radius at 13G9.39 feet, a delta angle of 07 degrees 43 minute. 07 Beconds, an arc length of 184.48 feet and a chord bearing North 66 degrees 48 minutes 06 seconds Hest a distance of 184.33 feet to the POINT OF BEGINNING. CONTAINING within the metes recited 170,997 square feet or 3.930 acres of land, more or less. COUN'TV CLERK'S MfMO: PORTIONS OF THtS DOCUMENT ARE NOT REPRODUCIBLE WHEN RECORDED BI-{ ()I:)O19932 OR EXHIBIT "B" Vol. 1528 Fag 3Cl6 PERMITTED EXCEPTIONS 1. Easement shown in correction deed dated 08/24/2000, from Donald R. Lewis, Jr. et al to Mark Buster, recorded in Book 1007, Page 211, Real Property Records, Lamar County, Texas, and as shown on survey by Bob. O. Brown R,P.L.S., No. 1744, last revised September 27, 2004 (the "Survey"), 2. Mineral estate and interest, and all rights incident thereto, described in instrument recorded in Book 1007, Page 211, Real Property Records, Lamar County, Texas, as noted on the Survey, it being acknowledged and agreed that the mineral estate and interest and all rights incident thereto are retained by Donald R. Lewis, Jr., Michael S. Lewis, Randall S. Lewis, and Derek S. Lewis, subject to that certain Waiver of Surface Rights dated the 22- day of S Q.. p-: , 2004, and recorded in Volume 1$.2 r, Page ~ of the Real Property Records of Lamar County, Texas. Declaration of Restrictive Covenants and Easements dated the ~ day of S Co p" , 2004, and recorded in Volume Lü-}¡Page ~ of the Real Properly Records of Lamar County, Texas. 3. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN - Page 4 Mays,87 - Paris, Texas From: Origin 10: (214 )363-8400 CHERYL ALEXANDER MAYS & COMPANY 5949 SHERRY LANE SUITE 1570 DALLAS, TX 75225 feclli{. Express IE] Ship Dale: 29NOV04 Actual Wgt: 1 LB Syslem#: 5738189/1NET2000 Account#: S ......... REF: PARIS ,-,-~. IIIII SHIP TO: (903)784-9203 LISA WRIGHT CITY OF PARIS 150 FIRST ST. SE BILL SENDER PARIS, TX 75460 111111111 III Delivery Address Bar Code STANDARD OVERNIGHT TUE Deliver By: 30NOVO4 DFW M TRK# 7921 4659 9872 FORM 0201 75460 -TX-US AD SLRA Shipping label: Your shipment is complete 1. 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