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07-A Zoning-205 NW Loop.wpd DRAFT F:ALICEIORDWORKICURRENTI 2-28-05 Zoning Ord February 24, 2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A LIGHT INDUSTRIAL DISTRICT (LI) ON LOT 27-A, CITY BLOCK 251, ON PROPERTY BELONGING TO BRAD DRAKE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE LIGHT INDUSTRIAL DISTRICT (LI) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a request for an amendment to the zoning ordinance of the City of Paris; and, WHEREAS, the City Council has subsequently referred said request for amendment to the Planning and Zoning Commission for its review and recommendation in accordance with the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council of the City of Paris did subsequently conduct a public hearing on the aforesaid proposed amendment to the City zoning ordinance, and having considered the recommendations ofthe Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the comprehensive plan ofthe City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved, Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No, 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a LIGHT INDUSTRIAL DISTRICT (LI) be, and the same is hereby, established on LOT 27 -A, CITY BLOCK 251, on property belonging to BRAD DRAKE, so as to include in such LIGHT INDUSTRIAL DISTRICT (LI) the hereinafter described property, which was formerly and is presently designated as a COMMERCIAL DISTRICT (C), and that the boundaries of said LIGHT INDUSTRIAL DISTRICT (LI) be, and the same are hereby, established as follows: SITUATED within the corporate limits ofthe City of Paris, County of Lamar, and State of Texas, being a part of the Reddin Russell Survey #786, and being a part of a called 22,128 (tL #1) acre tract ofland and all of a called 0,34 (tL #2) acre tract ofland conveyed Paris Investments by deed recorded in Vol, 612, Page, 851, of the Deed Records of said County and State, BEGINNING at a post (f) for corner at the Southwest corner of said 22,128 acre tract, the Northerly Southeast corner of a called 37,545 acre tract 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 called 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 of797,05 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 25 L 07 feet to an iron pin (f) for corner at the Southwest corner of a called 2,150 acre tract ofland conveyed Herman F, Maurer et ux by deed recorded in Vol, 836, Page 57, of the Real Property Records of said County and State; THENCE North 1 ° 13'03" West a distance of339,05 feet to an iron pin (f) for corner at the Northwest corner of said 2, 150 acre tract; THENCE North 89°02'46" East a 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 corner at the Northwest corner of a 0,4860 acre tract ofland surveyed July 12, 2000; THENCE North 89°04'05" East a distance of154,09 feet to a capped (JMN - 4025) iron pin (s) for corner at the Northeast corner of said 0,4860 acre tract; THENCE in a Northerly direction along the West Boundary Line ofN, Main St around a curve (R=3879,72', C=North 2°30'33" East 60,11 ft,) to the right a distance of60, 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 Southeast corner of a called 6,390 acre tract ofland 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 of756,81 feet to an iron pin (f) for corner at the Southwest corner of a called 1,7431 acre tract ofland 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 of536,34 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°52'28" West at 13,02 ft, passing the Westerly Northwest corner of said 22,128 acre tract and the Northeast corner of said 0,34 acre tract, and continuing on a total distance of 47,02 feet to a concrete marker (f); South 74°38'55" West a distance of 57823 feet to the intersection of the Southerly Boundary Line of said Loop Hwy 286 and the Easterly Boundary Line of the Kiamichi Railroad, said point being a Northwest corner of said 22,128 acre tract, said point also being South 74°38'55" West a distance of 0,37 ft, from a concrete marker (f); THENCE South 22 ° 17'40" West along the Easterly Boundary Line of said Kiamichi Railroad a distance of212A7 feet to a capped (JMN - 4025) iron pin (s) for corner 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 1 ° 15'37" East along a fence a distance of 619,96 feet to the place of beginning and containing 17,9023 acres ofland, or 779,822,71 sq, ft, ofland, being numbered 205 Loop 286 N,W, Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No, 1710 and the land use map accompanying the same, and in accordance with the provisions of this ordinance, Section 4. That any person violating any of the provisions of this ordinance shall be guilty ofaMisdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000,00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense, Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed, Section 6. That this ordinance shall become effective March 1, 2005, PASSED AND ADOPTED by the City Council ofthe City of Paris, in regular session on this the 28th day of February, 2005, Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W, Schenk, City Attorney '. -, 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 J903) 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!&(Cl 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 SU7~o ~ Signature of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Brad Drake on this 17th day of November, 2004. . ~eJ- ~ ()) No ry Public, State of Texas FILED: II - f f] ~ D t ~1 (1£~ SK'érian Dixon, Asst. City Clerk . 8'* JAN,ce L WORTHAM ~ ÑOTARY PUBLIC I . STATE Of TEXAS \41 ,l, Commlss1on Exp\res 05-12-2005 ~/"'III\~N {Ill ~ .' . .-.. SPECIAL WARRANTY DEED . ; i ". I j .. .. ./f'- ." iJJ . Utr I '\ JI I {I \ 11'\)&" , f ¡Yo )( ! I ' ;"'"" Vv . , . . ; I. : t , ¡}' L; ¡¡ A;t [:'., ' \V .: " I ; - I , 1~+ÖO7(P Date: . July 13, 2000. Grantor: Paris Investments, a Texas joint venture. Grantor's Mailing Address: 1845 One Galleria Tower, LB #52 Dallas, Texas 7524.0. Grantee: Richard Drake Construction Company, L.P. . Grantee'~ Mailing Address: Route 1, Box 68.0 ,Powderly, Tex~ 75473 Consideration: Ten and No/1oo ($1.0..00) and other good and valuable consideration, receipt of which is hereby aclmowledged. 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 retaine4 by Grantor as' referred to in Exhibit A. , . Reservations from and Exceptiòns to .Conveyance and Warranty: . . , This, ,conveyance is made. and accepted subject to the following matters, to the extent same are in effect at this time: AnY and all restrictions, covenants, conditions and easements, mineral reservations and leases, if any, relating to the hereinabove described Property, but only to the extent tJ:ley are .still in efîect, 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 warrantý, 'grants, sells, an.d convey~ to Grantee the Property, together with all and singular the rights aI)d appu~nances thereto in anywise:belonging, to h.ave and to hpld it . to Grantee, Grantee's 'heirs, ~iec~tòrs, ~qnûnistratois, ,successors or assigns Îorevei. . GråntoI:" binds, Gràntòi àndGranto~'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 again'st 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 Coyered by this Deed. . , PARIS INVESTMENTS, a Texas joint venture BY:~~~. ~ Herschel V. orestèr , Manager COUNTY OF DALLAS § § § STATE OF TEXAS , , , .. This instrument. was acknowledged before me on this ~ day o~ ~uly, 2000, by ;HERSCHEL V. FORESTER, Manager of PARTS INVESTMENTS, a Texas Joint venture, on behalf of-said joint venture. . , J!!/~b7fi~d for 'the State' of ' Texas , ,'. , ,. .,. ...- '~~\~V ~~~;:" MARY TYNER ::.. "f.~ MY COMMISSION EXPIRES : : ' : ~.). ..~1' 'June 22, 2001 "'~~' ..p' ;\.,~.., ',..i...,' MAD\1 0028.\008 \SWD , , " . . . ' . - 2 - ' . , , . JU~-12-ø0 16.47 FROM. I D . PACE 4/b EXHIBIT B , TO SPEcIAL W.ARRANTY D EEl) , As furthercon~~on fortbeexecution and delivery of this Special Warnmty Deed by Grantor to Grantee, Grantor hereby reserves, establi~ and i.mpGses the following ~, restrictions and other matters, upon the Property and all applicab1e portions thereof, and Grantee.s acc.eptance and recordation of this Deed shall constitute Grantee's unconditional acceptance of s.uch ~~ts, restrictions and other matters: 1. Å cœss F.2 ~ mÞIrt . It i s un derstood and acknowledged that the PrOperty me 1 udes a strip of land approximately 60 ,feet wide from North Main Street (Highv-.-ay 271) between the O.4g60-~ pad site being ~inM by Seller to the south (the .Pad Site-' and the K Mart pro~ to the north. Such sttip of land, as identified by cross-hatclriIÌg on ~ attached hereto and made a part hereO~ (the -Access Strip.), shall be used only as a "public or privare roadway, and for no other purpose. The follo~g p.¡:ovisions shall apply to the Access Strip: '-'" (a) GIantor hereby re1;rin~ an easement to 1.lSe the Acc.ess Strip for the puxpose . of pedestrian and vdûcu1ar íngr~ and egress fron1 the Pad Site tÓ and from North Main Stu:d... Such ,easement shall continue in effect until such time as the Access strip is dedicated and accepted as a public roadway. (b) If Grantor is ready to cLAWVelop the ,Pad Site before the Access Strip has beœ pa~ Grântor shall have the right to improve 'a part or all of the Access Strip with blàck:- top or other paved surface" , , ., (c) Grantor shall have the rlghtto ~tain at least two 25-foot wide aocess points' from th e Pad Site: to ~ e A cœss Strip, and Grantor' may elect to con struct or no f coostruct curbs or other barriers along the ~ of the common .boundary between the påd Site aDd the ,Aøœss Strip. . " . (d) . Grantor shall have no obligation tocootribute to ~ cost of any roådway constructed by Grantee on the Mress. Strip, and GI2ntee agrees to indemnify and hold Gnntor, h3.rmless from and at,ø:ainst any cost or liability for charges imposed. by any third party in connection with the c.onstIUction of a ,roadway on the Acœs.s Strip. (e) Grantee shall have the right to ;n$bl1 a pennanent monument sign on the Access Strip, Vwith such sign having a 'rn~rr¡mum: width of 7 kèt and a maximum height of 10 feet. Any other type or larger size of sign' shall be subject: to the prior written approval of Grantor or its ~r as owner' of the Pad Site. Such approval shall be subject to the sole , discretion of Grantor'(w such sU~) in the case of any temporary ~ but, shall not be' "unreasori3bly withheld as to any ~ 'sign. " , "" " . " , , , , , " , - ' , ," , , , " ~U~-I¿-~~ lä.q~ r~UM. ¿.LJ . & ........... ...., - 2. Restrictive Covþrt~'rt~. The' Property may not be used for any entertainment, , any $ale or dispIay of mercþnÆ~ or other property, or any other actÏvity or decoration which. is obscene or æy\xaUy oriented or which includes partial or toW nudity. . 3. Other Matters. ' In, a~tion to the reservations from and exceptions to , conveyanre. and warranty set forth 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 ' T .a~ Bowling Center ancl an Ágm"ment permitting the o~ of the Paris Lanes Bowling Center to ¡nainh¡in light poles and lights on a portion ,of the PrÇ)perty, the forms of which Cov~M1t not to COmpete and Agreement were attacbeð . to the E.a.mest Money ContraCt between Grantor ånd Bradley K. DIa1œ (Grantee's ~r in intereSt). It is acknowledged and agreed. that',Grantor reserves 'the rl¡}1t, along With Gtantee, to termi~te said Agreement (by œquiring the owner of the Paris T ~~ Bowling ~te:' to. remove the light poles and lights) or) altema1Ïvdy, to require Grantee to tenninaJe said Agræ~t. 4. S~rs and Å..~~ The easements, restrictions and other matters set forth herein shall constitute covenants running with the land and shall be binding upon Grantee and ' its successors and assigns, and upon all persons or entities acquiring any interest wbatsoevel" 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 , .. Q.~' ~¡ -" ! \I y, f1 \.CJIA ¡ . ~ I ._¡;.,..""~... ~\ ----I -J---'- "" ~a\. 11\10 40" S-.. b"L'.- 101 ¡ 27 E =-'=="'::"':::"'::::,-:::,,-=-=-':"'-=-'::'-£-::'-:::"='="~'-~ £---_":"'g.t-' ~ !l" j on ¡ co i ¡:; ¡ . ! ¥. I ¡ ð.,\OC 0' ¡ V ..' I .. ¡ -1 i I .t - " .., {ok, , ~~\.I.....ç ò,,~...~ I I I I I I i i i , , ¡ I I I I ' I ï -I. ~ ¡ t ... .. !ð 1Ì- >... ¡; j- , .. ~ . ... 11 .;; ... i .., ~ 0')' V> Õ en \" '" , .IN 88'45'55" E' ,... ......""""", ~oc't .. íz.\'111 .L W, f\ ' 101 n'A 17,9023 AC 779,822.71 Sf" r},~\ G~'\ loti JO I woe L'!8 -. .1 u. ¡ Vel, 111, Pago 587 lCOR tr. IS .. 14,201 ~ ¡ tr, f4 .. 2 ~ C\\.1 ..,.a. 1\10 p~ I!I\ ...($/A . ~ 'I . . - ¡;: - 1 111 ~ 8 'f z ~ ... 5 89"04'05" W '4,11.<\ .. N 4. JaM _I a - Den 0--1\ 1,390 101 27 E ;:¡ 5 ¡ ¡ ¡ I ¡ I I ì I I ! I ~c~\. ! 't- . . I . ! ! ; $ I ,~ I 797,05' N 88'07'06" E 1-~\ I'C \I .......Vf""~ . ' 0'), 0' ;., r Õ ,- z '?1 251,07' ' . . ' Crt» .f,S ~~ ~ V\ "1::) m m (:) X - +. » r - (TÞ ~ - -\ ':P ~ ~ P ::Þ Z ~ ~ t1 m m t-::!' 10 0 a; 0') 0') -... ,.. N 02'2'19. W, Î"ì_~~-, N 89-d2'46" E 240,18' 'f\ I \." . .I>~~ I j, +-' en v' t' .. ~,\211 ~ ~ 101 27 ~.... z.\!IØ ~ ",fA""'" f, ...~;, I.rJI9« ..,oJ.. ø, pdl" S \,OÇ\e ~O(\S c 0 ::2 . .:::: Q.' z 1o127C 1-~\ ! Cash & Carry Furniture ¡ 411 Ld)II va\. ! 1'4. 1'098 \l- .- .........' e\ "p- ! If, I' c.Wc lot 25 ..-1 If.' V ()\. i '. . . I EXH I Ð IT "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 Hwy. 286 RRussell #786 ~ 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 (1r. #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 at a post (f} for corner at th~ Southwest corner of said 22.128 acre tract, the Northerly Southeast comer of a called 37.545 acre tract 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 caJle~ 14.299 acre tract of ' land conveyed Virgil Lee Williams et ux' by deed recorded in Vat. 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 Hernian F. Maurer et ux by deed recorded in Vol. 836, Page 57, of the Real Property Records of said County 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 .0.4860 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' corner at the Northeast corner of said 0.4860 acre tract;, Thence in' a Northerly direction along the West Boundary Line of N. Main 81. 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 Southeast 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 calle9 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°55134" 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 follo~s: South 83°52'28'l West at , , . 13.02 ft. passing the Westerly Nárthwest comer,of said 22.128 acre tract and the Northeast corner of said 0.34 acre tra~t, and continùing on a' total distance of 47.02 feet to a concrete marker (f); .South '. 74°38'55" VVest-~ pistance of 578.23 feet to f~e inters.ection of the Southerly Boundary Line,of said Loop' Hwy, 286 and the Easterly Boundary Line' of the Kï"a'michiRailroad,' said' point being a' Northwest com,er "" of said 22.12,~ acre tract, said point' also 'being South 74°38'55" West a d,istance of 0,37 ft, from' a ~.oncrete marker (f);' ,. .' , , 1 .. ..' . ' . .. . " . Thence S9uth 22°17'40" West along the ~asterly Boundary Line of said Kiamichi Railroad a distance of 212.47 feet to a capped (JMN - 4025) iron pin (5) for comer at the Westerly Northwest corner of said 22.128 acre tract, said point being the Northerly North comer of said 37,545 acre tract; Thence South 1 °15'37" 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. ft. 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 8 of the Flood Iflsurance ~ate Maps. ~,A,ß~ J~M. Nelson, RPLS of Texas, #4025 7--/Z. ô:::þ date , , 2 , .