07&08 Sartor ZoningPL
LA Mi~ R A~
--IIIII
ZONING CHANGE REQUEST
LEANN SARTER
JUNE 3, 2002
DRAFT
F:ALICE\ORDWORK\CURRENT\ 6-6-02 Zoning Ords
June 3, 2002
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 GENERAL RETAIL DISTRICT (GR) WITH SPECIFIC USE PERMIT (3)
AUTO LAUNDRY ON LOT 21, CITY BLOCK 249, REQUESTED BY LEANN
SARTOR, AGENT FOR TONY BOWDEN, OWNER, SO AS TO INCLUDE
THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL
RETAIL DISTRICT (GR); DESIGNATING THE BOUNDARIES OF THE
GENERAL RETAIL DISTRICT (GR) WITH SPECIFIC USE PERMIT (3)
AUTO LAUNDRY SO ESTABLISHED; PROVIDING FORA 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 of the 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 of the 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 GENERAL
RETAIL DISTRICT (GR) WITH SPECIFIC USE PERMIT (3) AUTO LAUNDRY be, and the
same is hereby, established on LOT 21, CITY BLOCK 249, requested by LEANN SARTOR,
AGENT FOR TONY BOWDEN, OWNER, so as to include in such GENERAL RETAIL
DISTRICT (GR) WITH SPECIFIC USE PERMIT (3) AUTO LAUNDRY the hereinafter described
property, which was formerly and is presently designated as a GENERAL RETAIL DISTRICT (GR),
and that the boundaries of said GENERAL RETAIL DISTRICT (GR) WITH SPECIFIC USE
PERMIT (3) AUTO LAUNDRY be, and the same are hereby, established as follows:
SITUATED within the corporate limits of the City of Paris, County of Lamar,
and State of Texas, being a part of the George W. Cox Survey #164, and being a part
of a tract of land conveyed H. P. Gurley by deed recorded in Volume 453, Page 349
of the Lamar County Deed Records, and being more particularly described as follows:
BEGINNING at an iron pin for corner in the south boundary line of Lamar
Avenue at the northeast corner of said Gurley tract;
THENCE South a distance of 263.7 feet to a concrete marker for corner in
the north boundary line of Lot 12, Block A of the Johnson Woods Park Addition, said
Addition being duly recorded in the Plat Records of said County and State;
THENCE South 88 Deg. 28 Min. West a distance of 71.1 feet to a concrete
marker for corner at the northwest corner of said Lot 12 and the northeast corner of
Lot 13 of said Addition;
THENCE South 89 Deg. 59 Min. West a distance of 121.3 feet to an iron pin
for corner in the north boundary line of said Lot 13;
THENCE North 0 Deg. 19 Min. West along the west boundary line of said
Gurley tract a distance of 275.2 feet to an iron pin for corner at the northwest corner
of same;
THENCE South 87 Deg. 12 Min. East along the south boundary line of said
Lamar Avenue a distance of 194.2 feet to the place of beginning, containing 1.197
acres of land, and being number 2926 Lamar Avenue.
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
of a Misdemeanor, 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 July 1, 2002.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 6th day of June, 2002.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, Asst. City Attorney
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE XO. 1710
STATE OF TEXAS ] - '
COUNTY .OF LAMAR ] .
BEFORE ME, Lhe undersigned authority, on Lhts day pars'anally appeared
in property located within the corporate limits of the Cltty of Paris being
described as Follows:
'!My interest in the above descrlbed~property is JONT~,AC~ TO n~ . , i
and I do reques~ a change in zoning from O, ENIiI~AT. RETATT.
Otstrlot to C]qNEeAT. )~Fq~ATT. District. WITE SPECIFIC USE PE~IT )0 (3) A~O LAU~RY
support of said reques~ ] make Em Follow)rig answers to questions 1-4:
1. Will Um re-zoning be in accordance wl~m] Urn'original comprehensive
zoning scheme, as represented by the pre-establ{shed zoning ordinance and the
long range master plan.and map that bas been adop~ed by Ebe zoning ordfnance?
2. Will tile re-zoned designation be compatible with tile classiFication and
use of adJelning lands sq as to avoid adverse impact on netghbers?
YES
3. ~s'tile tract unsuitable for uses permitted under tile present zoning class-
Iflcatloni thet~eFore Justifying a ehan~e in'zontn.q? YF,~
4. Does tile re-zoning bear a substanLial rela'ttonshlp Lo tile public health,
safety, morals or general welfare or protect and preserv~ historical .and cultural
places and areas or meet a substantial publ.tc need? YFmm~
· 5, t~AS A ~QPY' pE T~E [AND DEED BEEN'SUBMITTE97
~na~uffe
SWO~N TO AND SUBSCRIBED BEFORE ME, by ~he said
this lflrh, day of MAY - ) ~0 02 ,
~ary Public, State of Texa~
' a ~ NOTARY PUBLIC
a~ ie gulmlngl~ni,'~tCy ~ler~ ~ '
Executive Realty
3605 NE Loop 286, Suite 200
Peris, Texas 75460
Business (903) 785-6427
Fax (903) 784-7185
E-Mail c21exec@ lstarnet.com
May 7, 2002
To Whom It May Concern,
LeAnn Sartor has my permission to apply for a special use permit for my property
being 1.197 acres in the 2900 Block of Lamer Ave. (Deed Attatched) This permit
however, shall not become effective until the passing of the title.
Sincerely,
Tony Bowden
~['~'T.~I Notary PU~IC
~,~_~llil~kJ.~/ State of Texas
Comm. Expires 04-19-2005
DEED WITHOUT WARRANTY
UNITED STATES OF AMERICA
BY: HIBERNIA NATIONAL BANK
STATE OF TEXAS
TO: TONY BOWDEN and
STACY BOWDEN
COUNTY OF LAMAR
BE IT KNOWN, that on the dates set forth below,
BEFORE US, the undersigned Notaries Public duly commissioned and qualified in
and for the States and Parish/County, respeotively, as Indicated below:
PERSONALLY CAME AND APPEARED:
HIBERNIA NATIONAL BANK, a national banking association, organized
and existing under the laws of the United States, whose taxpayer
identification number is 72-0210640; appearing herein by and through
Deborah D. Porte.r, its Vice President, pursuant to resolutions of its board of
directom, a certificate of which is attached hereto and made a part hereof,
whose mailing address is; Post Office Box 61540, New Orleans, Louisiana
70161 (the "Grantor");
who declared that it does by these presents, grant, bargain, sell, convey, transfer, assign,
set over, abandon, and deliver, without any warranty of any nature or kind whatsoever,
not even for the retur~ of the purchase pfica, but with full substitution and subrogation in
and to all of the fights and actions of warranty which it has or may have against all
preceding owners end Grantors, unto:
TONY BOWDEN and STACY BOWDEN, husband and wife, whose mailihg
address is: 3707 Lamer Avenue, Paris Texas 75460 (~he "Grantee");
here present, accepting, and purchasing for itself, its heirs, successors, and assigns, and
acknowledging due delivery thereof, the following described property (the 'Property"):
Situated within the Corporate Limits of the City of Paris, County of Lamer,
and State of Texas, a part of the George W. Cox Survey # 164, and being a
part of a tract of land conveyed H. P. Gudey by deed recorded in Vol. 453,
Page 349, of the Deed Records of said County and State.
8/~ 'd' ~gL~'°N ~¥t$:0l ~00; 'L '~
Beginning at an iron pin for comer in the South Boundary Line of Lamar
Avenue at the Northeast comer of said Guriey tract.
Thence South a distance of 263.7 feet to a concrete marker for comer in
the North Boundary Line of Lot 12, Block "A", of Johnsone Woods Park,
said Addition being duly recorded in the Plat Records of said County a~d
State;
Thence South 88 degrees 28 minutes West a distance of 71.1 feet to a
concrete marker for comer at the Northwest comer of said Lot 12 and the
Northeast comer of Lot 13 of said Addition;
Thence South 89 degrees 59 minutes West a distance of 121.3 feet to an
iron pin for comer in the North Boundary Line of said Lot 13;
Thence North 0 degrees 1~ minutes West along the West Boundary Line of
said Guriey tract a distance of 275,2 feet to an iron pin for comer at the
Northwest comer of same;
Thence South 87 degrees 12 minuteS East along the South Boundary Line
of said Lamar Avenue a distance of 194.2 feet to the place of beginning and
containing 1.197 acres of land, more or less.
Together with all of the Grantor's right, title, and interest in any leases
affecting all or any part of the property described above (the "Leases") and
all of the Grantor's obligations under any service agreemonta and any other
contracts affecting all or any part of the property described above (the
"Contracts"). ~ --
TO HAVE AND TO HOLD the Property unto the Grantee, its helm. successors,
end assigns, forever.
This sale is made and accepted for and in consideration of the price and sum of
ONE HUND OUSAND (**$100,00(3.00'*) DOLLARS, cash, which the Grantee has
well and truly paid, in ready and current money, to the Grantor, who hereby
acknowledges receipt thereof and grants full acquittance and discharge therefor.
Grantor acknowledges Grantees execution and delivery by said Grantee of one
certain promissory note of even date herewith, in the original principal sum of EIGHTY
FOUR THOUSAND AND NO/100 DOLLARS ($84,000.00), payable to the order of
LAMAR NATIONAL BANK, (hereinafter celled BENEFICIARY), in installments as in said
note provided, bearing interest at the rate therein provided, said Note containing an
attorney's fee clause and various acceleration of maturity clauses In case of default, and
being secured by Vendor's Lien and Superior Title retained herein in favor of said
Grantor, and being additionally secured by a deed of trust Of even date with said note,
from GRANTEE to ~ TRUSTEE, reference to which deed of trust
is hereby made for all purposes, the said MORTGAGEE at the special instance and
request of the GRANTEE herein having advanced the sum of sa~d note as part purchase
price for the praperbj herein conveyed, the receipt of which is hereby acknoWledged, the
GRANTOR hereby transfers, sets over, assigns, and conveys, without warranty and
w~thout recourse, unto BENEFICIARY, and its successors and assigns, the Vendor's Lien
and Superior Title retained and reserved herein against the property, subrogating said
BENEFICIARY to all dghts and remedies of GRANTOR in the premises by virtue of said
liens.
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8/~ 'd' ~L~'°N
The Grantee agrees as follows:
1, The Grantee hereby acknowledges and confirms that the sale, transfer, and
conveyance in this Deed without Warranty of all of the Grantor's right, title, and i~temst in
the Property is made without any warranty of any nature, kind, or character whatsoever,
either express or implied. Including, without limitation, any warranty as to (a) the quality,
nature, adequacy, and physical condition of the Property, including, but not limited to, the
structural elements, foundation, roof, appurtenances, access, landscaping, parking
facilities, and eleotdcal, mechanical, HVAC. plumbing, sewage, and utility systems,
facilities, and appliances, (b) the quality, nature, adequacy, and physical condition of
soils, geology, and any groundwater, (c) the existence, quality, nature, adequacy, and
physical condition of utilities serving the Property, (d} the development potential, income
potential, or operating expenses of, the Property, (e) the property's value, use. habitability.
or merchantability, (f) the ~ness. suitability, or adequacy of the Property for any particular
use or purpose, (g) the zoning or other Ingai status of the Property or any other public or
private restrictions on the use of the Property, (h) the compliance of the Property or its
operation with atl codes, laws, rotes, regulations, statutes, ordinances, covenants,
Judgments, orders, directives, decisions, guidetines, conditions, and restrictions
(collectively. the "Laws") of any govemmental or quasi-governmental entity or of any other
person or entity, including, without limitation, the Environmental Laws (as hereinafter
defined), (i) the presence of Hazardous Materials (as hereinafter defined') on, under, or
about the Property or the adjoining or nek3hboring prope~y, (j) the quality of any labor and
materials used in any improvements included in the property, (k) the title to the property,
· (1} any leases, service contracts, or other agreements affecting the property, (m) the
economics of the operation of the property. (n) the freedom of the Property, including all
improvements located thereon. Eom vices or defects, (o) the freedom of the property from
either latent or apparent defe~cts, (P) peaceable ~ossession of the Property, (q)
environmental matters of any kind or nature whatsoever relating to the property, including
all improvements located thereon, and (r) any other matter or matters of any nature or
kind whatsoever relating to the Property.
2. The Grantee hereby acknowledges and confirms that as a material and
integral consideration for the execution of this Deed without Warranty by the Grantor, the
Grantee waives and releases the Grantor from any and all claims and causes of action
that the Grantee may have or hereafter may be otherwise entitled to, based on (a) the
quality, nature, adequacy, and physical condition of the property, including, but not Ilmited
to, the structural elements, foundation, roof. appurtenances, access, landscaping, parking
facilities, and electrical, mechanical, HVAC, ptumbing, sewage, and utility systems,
facilities, and appliances, (b) the quatity, nature, adequacy, and physical condition of
soils, geology, and any groundwater, (c) the existence, quality, nature, adequacy, and
physical condition of utilities serving the property. (d) the development potential, income
potsntial, or operating expenses of the Property, (e) the Prepert3/s value, use, habitability.
or merchantability, (f~ the fitness, suitability, or adequacy of the Property for any particular
use or purpose, (g) the zoning or other legal status of the property or any other public or
private restrictions on the use of the Property, (h) the compliance of the Property or its
operation with all Laws of any governmental or quasi-governmental entity or of any other
person or entity, including, without limitation, the Environmental Laws (as hereinafter
defined), (i) the presence of Hazardous Materials (as hereinafter defined) on, under, or
about the Property or the adjoining or neighboring property, (J) the quality of any labor and
materials used in any improvements included in the Property, (k) the title to the Property,
(I) any leases, se[vice contracts, or other agreements affecting the Property, (m) the
economics of the operation of the Property, (n) the freedom of the property, including all
improvements located thereon, Eom vices or defects, (o) the freedom of the Property from
either latent or apparent defects, (P) peaceable possession of the property. (q)
environmental matters of any kind or nature whatsoever relating to the Property, including
all improvements located thereon, and (r) any other matter or matters of any nature or
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kind whatsoever relating to the Property, whether in the nature of redhibition, reduction or
return of the purchase price, concealment, or any other theory of law. The Grantee
further assumes the risk as to all vices and defects in the Property, including all
improvements located thereon, whether those vices or defects are latent or not
discoverable upon simple Inspection, and including those vices or defects, knowledge of
which would have deterred the Grantee from making the purchase,
3. The Grantee hereby acknowledges and confirms that the Grantee (a) has
had ample opportunity to fully inspect the Propen'y, (b) has inspected the Property to the
extent the Grantee desired, (c) is purchasing the Property in its present condition, (d)
agreed to pumhase the Property subject to any physical encroachments on the Property
or any physical encroachments by Improvements located on the Property onto adjacent
property, (e) is fully aware that the property may contain materials, conditions, or
substances that affect the property that are regulated or prohibited by Environmental Law
(as hereinafter defined), and (f) to the fullest extent permitted by law waived and
relinquished, and does hereby waive and relinquish, any and ell rights to void the sale, to
damages, or for a reduction or return of the purchase price on account of some latent or
apparent vice or defect in the property.,
4. The Grantee declares, acknowledges, and confirms that the above terms
and conditions have been fully explained to the Grantee, that the Grantee understands
that the Grantee's execution of this Deed without Warranty on such terms and conditions
as ara hereinabove set forth constitutes a full and complete waiver and release of the
· Grantee's dght to cancel, rescind, or void this Deed without Warranty in whole or in part,
or to damages on grounds of redhibition or under any other theory of law, for any reason
whatsoever having to do with the title, condition, zoning, repair, nature, fitness for a
particular purpose, peaceable p~ssession, or quality o~the property, any vice or defect of
the Property, or any other matter relatlng tO the Property, now or In the future.
5. The Grantee, on behalf of itself and its successors and assigns, hereby
waives, releases, .acquEs, b3ids harmless, and forever discharges, and agrees to
indemnify and does hereby Indemnify the Grantor and the Grantors parent corporation
and any other person or entity acting on behalf of the Grantor and the successors and
assigns of any of the preceding (collectively, the "Indemnified Parties") of, from, and
against any and alt costs, losses, attorneys fees, damages, claims, actions, suits,
liabilities, judgments, penalties, tines, liens, causes of action, demands, rights, and
expenses (collectively, the "Indemnity Cluing") whatsoever, direct or indirect, known or
unknown, foreseen or unforeseen, now existing or which may arise in the future, on
account of, in any way related to, or in connection with any past, present, or future
physical characteristic or condition of the property, of every type, nature, kind, and
· any way related to, or in connection with any
character whatsoever, or on account of, ~n
Laws of any 9ovemmentsl or quasi-governmental entity or of any other person or entity,
including, without limitation, any federal, state, or local laws, rules, regulations, codas,
ordinances, judgments, orders, decisions, directives, or guidelines relating to (a) the use
or condition of the property, (b) activities conducted thereon, (c) the environment, (d)
flammable, explosive, carcinogenic, toxic, o~ hazardous materials, wastes, or substances,
including, without limitation, petroleum, its products, by-products, and derivatives, other
hydrocarbons, oil, crude oil, natUral or synthetic gas, pelychiorinated biphenyis, asbestos,
urea formaldehyde, radon, radioactive materials, and thermal irritants (collectivety,
"Hazardous Materials"), (e) health, or (f) safety, including, without limitation, the
Comprehensive Environmental Response, Compensation and Liability ACt of 1980, as
amended by the Superfund Amendments and Reauthorization ACt of 1986, 42 U.S.C.
§ 9601 ~t seq., the Resource Conservation and Recovery ACt of 1976, as amended by
the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. § 6901 et se~., the
Federal Water Pollution Control ACt, as amended by the Clean Water Act of 1977, 33
U.S.C. § 1251 et caq., the Toxic Substances Control Act of 1976, as amended by the
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Asbestos Hazard Emergency Response Act of 1966, 15 U.S.C. § 2601 ~t se~., the
Emergency Planning and Community Right-to-Know Act of 1986, 42 UoS,C. § 11001 et
se~, the Clean Air Act of 1966, 42 U.S.C. § 7401 pt se~., the National Environmental
Policy Act of 19§9, ~.2 U.S,c, § 437-1, the Endangered Species Act of 1973, 16 U.S.C. §
1521 e_t se_~q~., the Occupational Safety and I-{ealth Act of 1970, 29 U.$.C. § 051
the Safe Drinking Water ACt of 1974, 42 U.S.C. § 300(f~ at__seq.., the Hazardous Materials
Transportation Act, 49 U.S.C. § lS08 et esq,, the Pollution Prevention Act of '1990, 42
U.S.C. § t3'101 ~t seo~, and any Texas act or law, as all of the foregoing statutes have
been and hereafter may be amended from time to time (collectively the 'Environmental
Laws").
6. The foregoing provisions shall be subject to Texas law.
Property taxes for the current year on the herein described property are prorated
among the parties; the payment of these taxes, if any become due and owing, is the
responsibility of the Gran!ee.
The Grantee hereby assumes ell of the Granto~'s obli9efforts arising after' the
execution of this Deed without Warranty under the terms of any Leases or Contracts and
does hereby agree to indemnity', defend, and hold the Indemnified Parties harmless from
any and all Indemnity Claims arising out of or under the Leases or Contracts after the
execution of this Deed without Warranty.
No type of financial services, including butJ3ot limited to depository, lending,
and/or brokerage services, other than those services provided as an incidental part of
any retail business operated on the premises, shall be offered to the public as a whole
or to any element of the publio either directly or indirectly on the premises described in
this Deed, other than financial sewioes provided by Hibernia National Bank or by any
successor in interest to Hibernia National Ban~ or by any affiliate or subeldtary of
Hibernia National Bank and/or Hibernia Corporation, for a period of ninety-nine years
from and after the date of this Deed.
All parties to this act confirm, acknowledge, and agree that the nota~J public before
whom this Deed without Warranty is executed by the Grant~r shall have no responsibility
or liability whatsoever of any nature, type, or kind, express or imp ed, for (1) obtaining
mortgage, conveyance, tax, and any and all other researches and co~ficates, (2)
examining title to the property, (3) obtaining a title insurance policy Insuring title to the
Property, or (4) obtaining a survey of the Preped:y. The Grantee contirms, acknowledges,
and agrees that the notary public before whom the Grantor executes this Deed without
Warranty in no way whatsoever represents any interest of any type, kind, or nature
whatsoever, express or implied, of the Grantee, and the Grantee expressly ag~rees that
the notary public before whom the Grantor executes this Deed without Warranty shall
have no responsibility or liability whatsoever of any type, kind, or nature whatsoever to the
Grantee.
This Deed without Warranty shall become effective upon its execution by the last
party to execute this Deed without Warranty, and the notary public before whom the
Grantee executes this Deed without Warranty hereby agrees to be solely responsible for
recerding this Deed without Warranty in the public records.
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GRANT, OR: HIBERNIA NATIQNAL BANK
Deborah D. Potter '
THE STATE OF LOU SlANA
pARISH OF ORLEANS ,
Beforeme, /~{~'// ~" ~"~ on this day personaliy appeared
Deborah O. Po~er, Vi~ president of Hibernia Nat~nal Bank, ~wn to me to be the
pemon whose name is subsc~bed ~ the foregoing Instrument and acknowledg~ ~ me
that she executed the same for the pu~ses and ~ns~eration therein e~mssed and in
the ~paci~ therein stated.
G~en under by hand a~ seal of Offi~
NO~S Explmt~n Date:_
THE STATE OF TEXAS
LAMAR COUNTY
Before me, ~,W.;,:~ I'~.~{'~ on this day personally appeared
Tony Bowden and Stacy Bowden, known to me to be the pemons whose names ere
subscribed to the foregoing instrument and acknowledged to me that they executed the
same for the ~3urposes and consideration therein expressed and in the capacit7 therein
stated.
Given under by hand and seal of office this 2~ day of May, A.D., 2002.
i~...~...~7 I~ c~=~,~-~, ~ ~otar,/Public, Stat~ of'~a~
Notary's Printed Name:_ "b,[¢{~St~
Notary's Expiration Date: ~-,3--
HIBERNIA NATIONAL BANK
CERTIFICATE
The undersigned, Susan Klein, Assistant Secretary of Hibernia .National Bank, a national
banking association (the "Bank"), does hereby certify that, parsuant to Oction duly taken by the
Board of Directors of the Bank, Deborah D. Potter, Vice President of the Bank, has thc authority to
lease, acquire or dispose of any real or personal property or interests therein (other than securities or
loans) of or for the account of thc Bank.
IN WITNESS WHEREOF, the undersigneA has executed this Certificate as of thc 18'h day
of April 2002.
C2
S~isan Klein N
Assistant Secretary
HIBEPdqIA NATIONAL BANK
8/8 "d ~§LG'°N R¥9$:OL ~00~ 'L
~f the City of ~arts, Coun~ of t,~r, and
State of Texas, a part of ~e George W, Cox
Survey !)64 an~ being m ~art of a ~,~C~ of
lnnd conveyed H.D. Outlay by deed recorded
in Va1, 45'~, Page 34~, of the Aee~ Records
af szi~ County and SUre.
the Scut~ ~oU~ Line of Lamer Ave, It the
Not.east co~,er of Said Gurlev tract,
Thence South m distance of ~ ft, to.
a concrete marker fo~ corner in she Nor~
Bounda~ Line of lot 1Z, block "A", Of Oohno
sons Woods PaPk, said Addttien being duly
retarded in the Plat Re:erda of said :aunty
and State;
Thence South 88 Oeg, ~8 Min, West a dis-
tahoe of 71.1 ft. to a concrete marker for
corner a~North~est corner of said let
1~ and the Northeast corner of lot [3,of eai~
Addition;
Thence South 8g Oeg.' Sg Nih. West a
,~' distance.of ~.3 ft. to mn iron pin for
[ corner in t~th ~9undary Line of said
-- lot ~3i
Thence North 0 ~eg. lg Nth. Wast along
tnt West ~ounda~ Line of said Ourley tract
a distance of...~]J)..~ ft. to an iron pin for
corner at the Northwest corner of sa~el
Thence South e7 ~eg, ~ )lin, East along
the South )ounda~ Ltne of said Lamae Ave.
~ dis~ance of~ft, to the place of
)eg(nni~) an-'-~eontatning ~.1~7 acres of land,
I. J.H. Nelson, Registered Public Surveyor of Texas, No,.~2~, certify :ha~ the above
depicted 6nd described tract of land was oaken from an actual ~urvey ,made by me on the
ground on the .ith ~ay of'October ~g83.
STATE OF T£XASI
COUtITY OF
B~FOR~ ~) the understgne~ authority, a Notary Fubl(~ in one for said County and
State, on this ~ay personally appeared d.lt, Halson, knOwn to me;tO bo the oerscn
name is SubScribed to the foregoing instrument0 and aekRowledoed t~ me that he executed
the same foe the purpose and consideration therein expressed.
b~IV~# UNOGR ~Y NANO ~LqO ~F.J~L OF OFFiCe, t~i) the S~ day of October,
'.orary e if:, ua r co,,