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