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09&10 Sartor ZoningDRAFT F:ALICE\ORDWORK\CURRENT\ 7-8-02 Zoning Ords July 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 August 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 8th day of July, 2002. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney (25) P F? LA MiA R A~ ZONING CHANGE REQUEST LEANN SARTER JUNE 3, 2002 AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS ] COUNTY.OF LA~R ] BEFORE NE, tile undersigned authority, on this day personally appeared LEANN SARTSR , who upon oath deposes an'd says: I'I ali1 LEANN SART~R , and my address ts PHONE NUMBER in' property located within the corporate 1{mits oF tim Clity oF Paris being described as follows: LOT 21 CITY BLOCK 249 2926 ~R ',My Interest In the above described property is CONTRACT TO BUY . and I do request a change tn zoning from C, ENERAI. RETAIL. District to C~N~RAT. R{~?ATT. ' District. "Ii1 WITH SPECIFIC USE PERiiIT ~]O. (3) AUTO LAUNDRY support of said request I make Ute Following answers to o,uesttons 1-4: 1, Will the re-zoning be {n accordance with the'or}ginal comprehensive zoning scheme, as reprosented by the pre-established zoning ordinance and tile long range master plan .and map tb~t ha~ been adopted by ~mm zon{ng ordinance? YES 2. Will tile re-zoned designation be compatible with tile classification and use of adjoining lands so. as to avoid adverse impact on neighbors7 YES 3. IS 'tile tract unsuitable for uses permitted under tile present zoning class- {F{cat{oni theKeFore Justifying a change in'zoning? YES 4, Does the re-zoning bear u substantial rela'tlonshlp to tile public healU1, safety, morals or general welfare or protect and preserv6 historical .and cultural places and areas or moe~ a substantial public need? ¥~ .5, BAS A COPt' pE Tt~E EAND DEED BEER 'SUBMITT. E~ Y~S -~. 9-rUhR ~uFe u f .~.p~l t can t SWORN TO AND SUBSCRIDED BEFORE ME, by the said tills ~n~ day of ~AV. .~002 , HatLie CUlinlngllaiB,' Utcy ~ler& N~ary Public, State of Texas NOTARY pUBUC · STATE OF TEXAS My Corem Exp. 05-12-2005 Executive Realty 3605 NE Loop 286, Suite 200 Paris, Texas 75460 Business (903) 785-6427 Fax (903) 784-7185 E-Mait c21exec @ 1 stamet.com May 7, 2002 To Whom It May Concern, LeAun Sarter has my permission to apply for a special use permit for my property being 1.197 acres in the 2900 Block of Lamar Ave. (Deed Attatched) This permit however, shall not become effective until the passing of the title. Sincerely, Tony Bowden ite,~.~4~JsJ State of Te~s I Comm. Ex,res ~.19;~ ] 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, respectively, as indicated belew: 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 heroin by and through Deborah D. Poffe.r, its Vice President, pursuant to resolutions of its board of directors, 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 dectsred that it does by these presents, grant, bargain, sail, convey, transfer, assign, set over, abandon, and deliver, without any warranty of any nature or kind whatsoever, not even for the ratur~ of the purchase pdce, but with full substitution and subrogation in and to all of the dghts and actions of warranty which it has or may have against all preceding owners and Grantors, unto; TONY BOWDEN and STACY BOWDEN, husband and wife, whose mailihg address is: 3707 Lamar Avenue, Paris, Texas 75460 (!he "Grantae"); 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 Pads, County of Lamar, 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. 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 Johnsons Woods Park, said Addition being duly recorded in the Plat Records of said County apd State; Thence South 88 degrees 28 minutes West a distance of 71.1 feet to a concrete marker [or corner 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 Wast along the Wast 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 a~ong the South Boundary Line of said Lamer Avenue a distance of 194.2 feet to the place of beginning and containlng 1.197 acres of land, more or less. Together with all of the Grantor's fight, title, and interest in any leases affecting all or any part of the property described above (the "Leases") end ell of the G[antoes obligations under any service agreerrenta and any other cent[acta affecting all or any part of the property described above (the "Contracts"). ~ ~ TO HAVE AND TO HOLD the Property unto the Grantee, its heirs, successors, and assigns, forever. This sale is made and accepted for and in consideration of the price and sum of ONE HUNDR[~D THOUSAND (**$100,000.00'*) DOLLARS, cash, which the Grantee has well and truly paid, In ready and current money, to the Grantor, who hereby acknowledges receipt thereof and granta 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 [ate therein provided, said Note containing an attorney's fee clause and vadous accelere~Jon of maturity clauses in case of default, and being secured by VendoCs Lien and Superior Title retained herein in favor of said Grantor, and being additionally secured by a deed of trust df 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 said note as part purchase pdce for the property herein conveyed, the receipt of which is hereby acknowledged, the GRANTOR hereby fl'ansfers, sets over, assigns, and conveys, without warranty and without recourse, unto BENEFICIARY, and its successors and assigns, the Vendor's Lien and Superior 'rifle retained and reserved herein against the property, subrogating said BENEFICIARY to ali rights and remedies of GRANTOR in the premises by virtue of said liens. - 2 - The Grantee agrees as follows: t. The Grantee hereby acknowledges and confirms that the sale, transfer, and conveyance in this Deed without Warranty of all of the Granfor's right, title, and i~terest 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 electrical, mechanical, HVAC, plumbing, sewage, and utittly systems, facilities, and appliances, (b) the quality, nature, adequacy, and physical condition of solts, 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 memhantsbility, (f) tho fitness, suitsb lity, 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 codes, taws, roles, regulations, statutes, ordinances, covenants, Judgments, orders, directives, decisions, guidelines, conditions, and resections (collectively, the "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) ~he 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, from vices or defects, (o) the freedom of the Property from either latent or apparent dafe~c~, (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 C~rantee waives and releases the Grantor from any and all claims and causes of actioo 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 limited to, the stn~ctural elements, foundation, roof. appur[enances, access, landscaping, parking facilities, and electrical, mechanical, HVAC, plumbing, sewage, and utility systems, facilities, and appliances, (b) the quality, nature, adequacy, and physical condition of soils, geology, and any gmundwatsr, (c) the existence, quality, nature, adequacy, and physical condition of utilities serving the ProperlY, (d) the development potential, income Potentiat. or operating expenses of the property, (a) the property's value, use, habitabifity, 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 Ifublic or private restdctions on the use of the Property, (h) the compliance of the Property or its operation with all Laws of any govemmental or quasl-govemmentsl entity or of any other person or entity, including, without limitation, the Environmental Laws (as hereinafter defined), (i) the presence of Hazardous Mata~als (as hereinafter defined) on. under, or about the Property or the adjoining or neighboring properbJ, (~) the quality of any labor and materials used in any improvements included in the Property, (k) the title to the Property, any leases, service contracts, or other agreements affecting the Property, (m) the el)conomics of the operation of the Property. (n) the freedom of the Property, including alt improvements located thereon, from 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 - 3- 8/t 'd ~L~'°N ~¥t~:Ol ~OO~ 'L '~ kind whatsoever relating to the Property, whether in the nature of redhibition, reduction or return of the purchase price, concealment, or at~y 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 pumhese. 3. The Grantee hereby acknowledges and confirms that the Grantee (a) has had ample opportunity to fully inspect the Property, (b) has inspected the PrupertY to the extent the Grantee desired, (c) is purchasing the Property in its present condition, (d) agreed to purchase 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 waned and relinquished, end does hereby waive and relinquish, any and all rights to void the sale, to damages, or for a reduction or tatum of the purchase price on account of some latent or apparent vice or defect ir~ 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 are hereinabove set forth constitutes a full and complete waiver and release of the · Grantee's right 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 rite, condition zoning, repair, nature, fitness for a particular purpose, peaceable p~ssession, or quality o~the Property, any v ce or defect of the Property, or any other matter relating tO the Property, now or in the future. 5. The Grantee, on behalf of itself and its successors and assigns, hereby waives, releases, .acquits, holds harmless, and forever discharges, and agrees to indemni~ and does hereby indemnify the Grantor and the Grantor's parent corporation and any other pemon or entity acting on behalf of the Grantor and the successors and assigns of any of the preceding (collectively, the "indemnified Padies") of, fi'om, and against any and alt costs losses, attorneys fees, damages, claims, actions, suits, liabilities, judgments, penalties, fines, liens, causes of action, demands, fights, and expenses (collectively, the "tndemntiy Claims") 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 character whatsoever, or on account of, in any way related to, or in connection with any Laws of any governmental or quasi-governmental entity or of any other person or entity, including, without limitation, any federal, state, or local laws, rules, regulations, codes, 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, or hazardous materials, wastes, or substances, including, without limitation, petroleum, its products, by-products, and derivatives, other hydrocarbons, oil, crude oil, natural or synthetic gas, polychloflnated blphenyls, asbestos, urea formaldehyde, radon, radioa~ve materials, and thermal irfitents (coilectivety, "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 Reauthorizatiee 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 ~t {mq., the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977, 33 u.S.C. § 1251 et seq., the Toxic Substances Control Act of 1976, as amended by the - 4 - ~¥§~;0[ ~00[ 'L '~ Asbestos Hazard Emergency Response Act of 1986, 15 U.S.C. § 2601 ~ se~, the Emergency planning and Community Right-to-Know Act of 1986, 42 U.S,C. § 11001 et se~., the Clean Air Act of 1966, 42 U.S.C. § 7401 ~t sea,, the National Environmental Policy Act of 1969, 42 U.S.C. § 4321, the Endangered Species Act of 1973, 16 U.S,C, § 1521 e_t ~e~, the Occupational Safety and Health Act of t970. 29 U.S.C. § 651 the Safe Drinking Water Act of 1974, 42 U.S.C. § 300(f) ~_~ seq=, the Hazardous Matedals Transportation Act, 49 U.S.C. § 1808 e_t sea., the pottution Prevention Act of '1990, 42 U.S.C. § 13101 ~t sea.. 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 pares; the payment of these taxes, If any become due and owing, is the respunsibilit'/of the Grantee. The Grantee hereby assumes all of the Grantee's obligations arising after the execution of this Deed without Wan'anty 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 Indemnify Claims arising out of or under the Leases or Contracts after the execution of this Deed without Warranty. No type of financial services, including but~ot limited to deposito[y, lending, and/or brokerage services, other than those services provlded 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 public either dire~ly or indirectJy on the premises described in this Deed, other than financial services provided by Hibernia National Bank or by any successor in interest to Hibernia National Bank, or by any affiliate or subsidiary of Hibernia National Bank and/or Hibernia Corporation, for a pehod of ninety-nine years from and after the date of this Deed. Ail parties to this act confirm, acknowledge, and agree that the nota~ public before whom this Deed without Warranty is executed by the Grantor shall have no responsibility or tiability whatsoever of any nature, type, or kind, express or implied, for (1) obtaining mortgage, conveyance, tax, and any and all other researches and eeR6cates, (2) examining time to the properly, (3) obtaining a title insurance policy Insuring title to the Property, or (4) obtaining a survey of the property. The Grantee confirms, 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 Deed without Warranty, and the notary public before whom the party to execute this ............. es to be solely responsible for Grantee executes this Deed without warranty ner~uy ~'~,,~ recording this Deed without Warranty in the public records. - 5- GRANT/~R: HIBERNIA~NATI/O~IAL BANK De~b~rah D. Potter THE STATE OF LOUISIANA PARISH OF ORLEANS , Before me. /~,-A~5~a'// ~----~. J~"~ · on ~is day pe~nally appeared Deborah D. PoEer. VIcd Pres{d~nt of Hibernia Nat~nal Bank. k~wn ~ me to be the pemon whose name is subs=~bed ~ the fom~ing Instrument and acknowl~g~ to me ~at she exerted the same for ~e pu~ses and ~ns~eration therein expressed and in the ~paci~ therein stated. ' GNen under by hand and seal of offi~ ~i~~ Nora,s Printed Naree: ~ ~ ~ ~-' ~' No~'s Expiration Date:~ ~ ~ ffAT~ THE STATE OF TEXAS LAMAR COUNTY Before me,_ ~A.i~, ~,~{"P on this day personally appeared Tony Bowden and Stacy Bowden, known to me to be the persons whose names ere subscribed to the foregoing Instrument and acknowledged to me that they executed the same for the ~)urposes and consideration therein expressed and in the capacity therein stated. Given under by hand and seal of office this 2r~ day of May. A.D., 2002. Notary's Printed Notary's Expiration Date:. m HIBERNIA NATIONAL BANK CERTIFICATE The undersigned, Susan Klein, Assistant Secretary of Hibernia .National Bank, a national banking association (the "Bank"), does hereby certify that, p~suant to action duly taken by the Board of Directors of the Bank, Deborah D. Potter, Vice Presidmt of the Bank, has the 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 the Bank. IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 18'~ day of April 2002. C2 Susan Klein X Assistant Secretary HIBERNIA NATIONAL BANK 8/8 'd g§L§'ON ~vgs:ot gOOg 'L ' ~'~ s~tu~te~ ~ithin th~ t~rpor~a Survey 1~64, an~ being a ~art of a t~sc~ lnn~ cOnVeye~ ~.P. Guffey by ~eed of st~ County and State. Thence South a distance of 2G3,7 Ft. Lo . a concrete ~atkat fo~ corne~ tn ~he 8ounda~ Line of lot lZ, block "A", Of ~ohn- and 5tate~ Thence South e~ 0ag. 2e ~in. uest a dis- tance of 7~.~ ft. to a concrete marker for co,er a~ ~orthwest co,et of sa~ XZ and the Hortheast Corner of lot t3.of A~itian~ ?hence Sou:h 89 Deg.' Sg Rin. ~est ,.F: ' ~' _..., c~mer in t~H6rth ~oundnry Line of satd ~,.~,~,~. . /z~,~' /~ ...~ 1~ ~3~. ;~?. ~ . Thence North O Bee. lg ~in. ~est along tnt NeSt 8aun~a~ Line'of sa~ Ourle~ a distance of~ fi. co an iron pin for corner ~: the Northwest corner o~ same~ , Thence Sout~ 87 Oeg, ~2 ~ln, East a~ang the Sou~ ~ounda~ Line af said Lama~ Ave. ~tstance of~ f:. to the place of ~eg(nnt~ a~contatntng ~.~7 acres of I, J.H. t(elson, Registered Public SurVeyor of Texas, NJ,. i~2Jr, cert(fy that :he above · depicted end dascrlbed tract of lanU was taken fro,~ an actual survey ,made by me on tM gr=und on the 4th ~ay of '~tober STATE O; TEX~J 8EFOR~ ~ the undersigned authority, a ~ota~ ~ublic tn an~ (er said County and State, an :his ~ay persanally appeared dj4, ~elSon, kn~n ~O me;to be :he oersen w~ose name (s subscribed ~o the forego(ag fnstr~ent, and acknowledoed te me the: he fha same for the purpose and conHdQra:ton therein expressed. ~YEH UN0~R ~Y H~O ~0 ~L OF OFFICE, t~is the $~ day of October, Notary Pub11:, Lamer CO,, Texas