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HomeMy WebLinkAboutORD 2001-013 . � �� /�� ' , , � �,,s'�v��. . � ti ;-:5; � ORDINANCE NO. 2001-13 _ V � �...� AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z01-01 ON A TRACT OF LAND OUT OF THE J.J. DWIGHT SURVEY, ABSTRACT NO. 455, THE A.B. CATE SURVEY, ABSTRACT NO. 1983, THE LEONARD LINCOLN SURVEY, ABSTRACT NO. 981 AND THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 254 DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE FAMILY DISTRICT REGULATIONS TO "R-5.0" ZERO LOT LINE DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; �� PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS �;,.� AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE !!�/HFF�FA.�, 2nnliratinnc �n�QrQ marlo ±n amF?nc� tho (lffi�ial 7nninn Man, rit�i of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing � called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring - public and the pedestrians using the facilities in the area immediately surrounding the site; � . ,.� � safety from fire hazards and measures for fire control, protection of adjacent property from ! flood or water damages, noise producing elements and glare of the vehicular and y '� stationary lights and effect of such lights on established character of the neighborhood, - location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and _ WHEREAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve �:r.A the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adeauate provisi�ns of transrortation; ��ra#er; �?we�aaP; �chools; parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for this change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and, therefore, feels that a change in zoning classification for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the p citizens of the City of Grapevine, Texas and helps promote the general health, safety, and welfare of this community. ��...� ORD. NO. 2001-13 2 � '7 ,� p ,y � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF � GRAPEVINE, TEXAS: '�P� ✓� . Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z01-01, Lakeview Estates to rezone the - following described property to-wit: being a 22.868 acre tract of land out of the J.J. Dwight Survey, Abstract No. 455, the A.B. Cate Survey, Abstract No. 1983, the Leonard Lincofn Survey, Abstract No. 981 and the John Childress Survey, Abstract No. 254, Tarrant County, Texas, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-20" Single Family District Regulations is hereby changed to "R-5.0" Single Family District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended, provided that said property shall be governed by the Deed Restrictions in "Exhibit B", attached hereto and made a part hereof. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. Section 3. That in all other respects, the use of the tract or tracts of land herein ��# above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City �...� of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements; and to m�lce a�+ea,uate pro��isions far the normal business; commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct �; conflict with the provisions of this ordinance. :,:�; ORD. NO. 2001-13 3 i � � Section 6. That the terms and provisions of this ordinance shall be deemed to be �� � severable and that if the validity of the zoning affecting any portion of the tract or tracts of f� � 5 tand described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not - to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of February, 2001. : . APPROVED: �,� . �5-�..�� � William D. Tate Mayor ATTEST: - � � > �-��� Lin a Huff City Secretary APPROVED AS TO FORM: .� � ,;� � _ ;,; John F. Boyle, .7r. City Attarney ORD. NO. 2001-13 4 /y,��,�- �p�o -oo� � �C'r olvE EXHIBiT..�., TO � -� , 2o.os� ACx�s Pa98'—...�L:_ of ��., ST�'�ATED in the 7.J.Dwight Survey,Abstract No. 455,tbe A.B. Cate Survey,Abstract No. 1983,the John Childress Survey, A' . .;t No.254,and the Leonard Lincoln Survey,Abstract No. 981,all in Tarrant County,Teacas,and being a resuvey of a called 15 � acre tract of land described in a deed to Four Peaks Investors I.Ltd.,recorded in Volume 13994,Page 476����;aal�,4�64 ac act of land described in a deed to Four Peaks Investvrs I.L.P.,recorded in Volume 13851,Page 593 of the �;b� T4�".:County,Texas and being more particulazly described as follows: .: ., c , B�GINNING at a 1/2"iron rod found at the southeast comer of called 15.571 acre tract; P Lq N N 1 N G - ;r Ti-�NCE South 89°49'23"West,a distance of 640.82 feet to a 5/8"iron rod set with a red plastic cap stamped"PBSJ,INC" (h�reinafter called a 5/8"iron rod set)at the northwest comer of Lot 1,Block 1 of the Galbreath Addition,as recorded in Cabinet A, Slide 3003 of the Plat Records of Tarrant County,Texas,said point being the southwest comer of the said called 15.571 acre tract; Tf�NCE North 00°56'26"East,a distance of 141.27 feet to a 5/8"iron rod set at the most easterly southeast corner of the said called 4.4�&4 acre tract; Tf�NCE North 89°19'S8"West,a distance of 60.65 feet to a 5/8"iron rod set for comer, THENCE South 00°40'02"West,a distance of 41.05 feet to a 5/8"iron rod set for comer; TI�NCE North 89°19'S8"West,a distance of 76.37 feet to a 5/8"iron rod set for comer; Tf�NCE South 00°40'02"West,a distance of 181.38 feet to a 1/2"iron rod found in the north line of a tract of land dedicated to the Public,recorded in Volume 3672,Page 101 of the Deed Records of Tarrant County,Texas; TF�NCE along said north line North 89°32'24"West,a distance of 300.31 feet to a 5/8"iron rod set at the southwest corner of the said called 4.464 acre tract and the southeast comer of a tract of land described in a deed to Bobby Wayne Cate and wife Karolyn K. Cate,recorded in Volume 8870,Page 1327 of the Deed Records of Tarrant County,Texas; T.A CE North 00°22'36"Fast,a disiance of 49739 feet to a 1/2"iron rod found at the northwest corner of the said called 4.464 acre tr ,id point also being the northeast corner of a tract of land described in a deed to Rocky D. Smotherman and Michael Cowan, rc."�°:�_::d in Volume 2255,Page 422 of the Deed Records of Tarrant County,Texas; TF�NCE along the north line of the said called 4.464 acre tract North 89°07'20"East,a distance of 441.38 feet to a 1/2"iron rod found at the northeast corner of the said called 4.464 acre tract,same being the southeast corner of Lot 2 of the John Childress No.254 Addition,r�corded in Cabinet A,Slide 912 of the Plat Records of Tarrant County,Texas,same being in the west line of the said called 15.571 acre tract; Ti�NCE North 00°56'26"East,a distance of 645.88 feet to a 5/8"iron rod set at the northwest corner of the said called 15.571 acre tract,said point being in the east line of Burney Lane; • 1�NCE South 89°58'31"East,a distance of 627.38 feet to a S/8"iron rod set at the noriheast comer of the said called 15.571 acre tract; TI�NCE South 00°13'23"West,a distance of 1070.54 feet to the POINT OF BEGINNING and containing 20.037 acres of land. TRACT TWO 2.831 ACRES STTUATED in the Leonard Lincoln Survey,AbsVact No. 981,in Tarrant County,Texas and being a resurvey of a called 2.835 acre tract of land described in a deed to Four Peaks Investors I,Ltd.as recorded in Tarrant County Clerk's File No.D 199232769 of the Tarrant County Deed Records,and being more pariiculazly described as follows: n�C'�NNIl�1G at a 1/2"iron rod found at the southeast comer of Lot 3,Block 1 of Lake Pazk,an addition to the City of Grapevine,as : � �:d in Cabinet A,Slide 3688 of the Plat Records of Tarrant County,Teacas; ` �� ^E North 00°23'34"East,a distance of 141.75 feet to a 5/8"iron rod set with a red plastic cap stamped"PBS7,INC" (hereinafter called a 5/8"iron rod set)in the south line of a tract of land dedicated to the Public,recorded in Volume 3672,Page 101 �����-o�o -or�, �f the De�d Records of Tarrant County,Tef:�;�said point being the northeast corner of saic.,..�3,Block 1 of Lake Park, and being the iorthwest corner of the said called 2.835 acre tract; I'H£�NCE along the north line of the said ca11ec12.835 acre tract South 89°32'24"East,a distance of 509.09 fcet to a 5/8"iron rod set 3t';�,.ortheast comer thereof; Tf; CE South 13°45'49"West,a distance of 132.70 feet to 5/8"iron rod set for corner, TH�NCE South 62°06'S6"West,a distance of 318.71 feet to a 1/2"iron rod found at the southeast comer of the said called 2.835 acre tI'a�ta Tl�ENCE North 89°44'O1"West,a distance of 257.33 fcet to a 5/8"iron rod set at the southwest corner of the said called 2.835 acre traCt; T�IENCE North 00°15'36"East,a distance of 139.43 feet to a 5/8"iron rod set for comer in the south line of the said Lot 3,Block 1 of Lake Park Addition; TI�ENCE South 89°40'S0"East,a distance of 59.93 feet alang the south line of said Lot 3,Block 1 of Lake Park Addition to the POINT OF BEGINNING and containing 2.831 acres of land. SURVEYOR'S CERTI�ZCATION The undersigned,hereby certifies to the above,that the property hereon shown and herein described represents an on the ground survey on August 29,2000. '� `� " -� o RECEIVED �• •�ti.• F F�'4 � ...... Robert W. C`uo¢unings y'`p'4,v�STER�• , `� ,.. , „ .Q ,;:'' ,� � �.�.�:� Re�istered Pmfessional Lan eyor#40 ' • � �� '' : . • • P�: ',�nc. :.. v , .. � PLANNING SS .tunmerside Drive,Dallas,Te�ras 75252 ;� .� ••••6����.:� (S V .�s0-2605 {•.�,o � ��',,9�FESS��r 0�'S�(� EXMIBIT.�. TO ���C�.a�? ' Pe�qe ..e3_. of _��� ,:r_,� - �y EXHIBIT _ TO � � _ _ I = z ° �, ; �� �6� � o "g � , �� 1 �`�;z � Page _.R E C E I V E D I� � �° � W e �� � �/ � i`�� � �� =� � � w ��o �� i U � C 3 d �i L < > t �z= . ( � � �L � �f�-t,�� N a.� � .ij! I € � I � �i � � �w.. 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Ot����� / �,��': � -- � DECLARATION OF COVENANT ��q AND � DEED RESTRICTIONS � THE STATE OF TEXAS , COUNTY OF TARRANT �'_-'$ Know all men by these presents Four Peaks Development, INC, ("DECLARANT") is owner in fee simple of certain real property consisting of approximately 22.868 acres located entirely in the City of Grapevine (the "CITY"), in Tarrant County, Texas. Being more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "PROPERTY" or the "ADDITION"). Declarant hereby covenants and agrees that Declarant, and its Successors and Assigns, shall develop the property, with the following deed restrictions, to wit: (1) All provisions of the "R-7.5", Single Family District of the City's Zoning -F Ordinance shall be adhered to in the development of the property. .ri Upon a written request being submitted by the Declarant to the City's Director of Development Services, the City of Grapevine agrees to confirm in writing whether the property has been developed in compliance with the above stated restrictions. These restrictions shall not be altered, amended or terminated without a public hearing before the City Planning and Zoning Commission and the City Council of the City of Grapevine. Notice of such public hearings shall be given as would be required by law for a zoning change on the property. The City Manager or Designee, through authorization by majority vote of City Council of the City of Grapevine, Texas and Four Peaks Development, Inc., Successors or Assigns, must sign the document filed in the Deed of Records of Tarrant County, Texas, approving the amendment or termination of this Declaration of Covenant and Deed Restrictions. These restrictions contained herein are not in any manner intended to restrict the right of City Council of the City of Grapevine to exercise its legisiative duties and powers insofar as zoning of property is concerned, nor are they intended to restrict the right of the Declarant to additional restrictions on the property as long as the additional restrictions do not contradict this Declaration of `"w Covenant and Deed Restrictions. These Covenants are perpetual unless canceled or modified by mutual agreement of the parties. :�,�:-�, O:/zcu/Z01-01.deedres EXH181T.� To ����4��- 3 Page � of � � 1 ;::; � ;.:,�*.� g � These restrictions inure to benefit the City of Grapevine, and the City of .��k= `✓ Grapevine does hereby reserve the right to prosecute, at law and equity, against the person violating or attempting to violate such restrictions, either to prevent him from so doing or to correct such violation and for further remedy, the City of Grapevine may withhold the certificate of occupancy necessary for the lawful use '�'I of the property until such restrictions described herein are fully complied with. - These restrictions are hereby declared covenants running with the land a�°, and shall be fully binding upon all persons acquiring property within the tract described in Exhibit "A", and any person by acceptance of the title to any of the property shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and c�venants. � EXECUTED on this the�day of , 2001 Four Peaks Development, Inc. By: /���ii������� David McMahan Vice President STATE OF TEXAS COUNTY OF TARRANT � T ' instrument was acknowledged before me on the � -' day of , 2001, by David McMahan, Vice President of Four Peaks Development, Inc., a Texas Corporation, o�, behalf of said corporation. � , '— .��_�?�� � �,«*���n CHARLY BERRY Pcl"o�ary Public Si ature NOTARY PUBLIC —TEX,4S / +s.� � MYCQMMISSIONEXPII2ES �+o• JU�Y 1�,2803 EXECUTED on this the�� of �/'G'�/, 2001 The City of Grapev' T as BY " Roger Nelson, City Manager �,,;.� O:/zcu/Z01-01.deed res EXHtBIT� T0 "� ;.' � Pe�ge .�...... of �.� � � STATE OF TEXAS c� COUNTY OF TARRANT This instrument was acknowledged before me on the �G��y of �,/�'�,��'/ , 2001, by Roger Nelson, City Manager for the City of Grapevine. ;: .. ;�-;; . , - ,�� CHARLY BERRY NOTARY PUBLIC —TEXAS Notary Public S' n ture '� � MY COMMISSION EXPIRES '�'oF JULY 17,2003 �,.,::� O:/zcu/Z01-01.deed res �`��'/S ��o -��/ . �.cT orn� EXM18(t.�, TO � /-�3 , 20.037 ACRES �age ,�„r,,�.�,, 0 �,,,�,� SI'�JATED in the J.J.Dwight Survey,Abstract No.455,the A.B. Cate Survey,Abstract No. 1983,the John Childress Survey, Ahs�*�ct No.254,and the Leonard Lincoln Survey,Abstract No. 981,all in Tarrant County,Texas,and being a resuvey of a called 1: 1 acre tract of land described in a deed to Four Peaks Investors I.Ltd.,recorded in Volume 13994,Page 476�������64 a� �act of land described in a deed to Four Peaks Investors I.L.P.,recorded in Volume 13851,Page 593 of the T -- at County,Texas and being more particulazly described as follows: ��` � ,� ...,,� u �� L'�_ : BEGINNING at a 1/2"iron rod found at the southeast corner of called 15.571 acre tract; PLA N N 1 N� ;� T.�ENCE South 89°49'23"West,a distance of 640.82 feet to a 5/8"iron rod set with a red plastic cap stamped"PBSJ,INC" � (h�iteinafter called a 5/8"iron rod set)at the northwest corner of Lot 1,Block 1 of the Galbreath Addition,as recordecl in Cabinet A, Slide 3003 of the Plat Records of Tarrant County,Texas,said point being the southwest corner of the said called 15.5'71 acre tract; T�'BNCE North 00°56'26"Fast,a distance of 141.27 feet to a 5/8"iron rod set at the most easterly southeast comer of the said called 4;�4�64 acre tract; TF�NCE North 89°19'S8"West,a distance of 60.65 feet to a 5/8"iron rod set for corner, 1�NCE South 00°40'02"West,a distance of 41.05 feet to a 5/8"iron rod set for corner, T�NCE North 89°19'S8"West,a distance of 76.37 feet to a 5/8"iron rod set for corner; THENCE South 00°40'02"West,a distance of 181.38 feet to a 1/2"iron rod found in the north line of a tract of land dedicated to the Public,recorded in Volume 3672,Page 101 of the Deed Records of Tarrant County,Texas; TF�NCE along said north line North 89°32'24"West,a distance of 300.31 feet to a 5/8"iron rod set at the southwcst comer of the said called 4.464 acre tract and the southeast corner of a tract of land described in a deed to Bobby Wayne Cate and wife Karolyn K. Cate,recorded in Volume 8870,Page 1327 of the Deed Records of Tarraut County,Texas; . ',NCE North 00°22'36"East,a distance of 497.39 feet to a 1/2"iron rod found at the northwest corner of the said called 4.464 acre t said point also being the northeast corner of a Vact of land described in a deed to Rocky D. Smothemian and Michael Cowan, . .�3ed in Volume 2255,Page 422 of the Deed Records of Tarrant County,Texas; THENCE along the nor[h line of the said called 4.464 acre tract North 89°07'20"East,a distance of 441.38 feet to a 1/2"iron rod found at the northeast corner of the said called 4.464 acre tract,same being the southeast corner of Lot 2 of the 7ohn Childress No.254 Addition,recorded in Cabinet A,Slide 912 of the Plat Records of Tarrant County,Texas,same being in the west line of the said called 15.571 acre tract; TT�NCE North 00°56'26"East,a distance of 645.88 feet to a 5/8"iron rod set at the northwest comer of the said called 15.571 acre tract,said point being in the east line of Burney Lane; • T�NCE South 89°58'31"East,a distance of 627.38 feet to a 5/8"iron rod set at the northeast comer of the said called 15.571 acre U'dCt; T!-�NCE South 00°13'23"West,a distance of 1070.54 feet to the POINT OF BEGINNING and containing 20.037 acres of land. TRACT TWO 2.831 ACRES STT(JATED in the Leonard Lincoln Survey,Abstract No. 981,in Tarrarit County,Texas and being a resurvey of a called 2.835 acre trad of land described in a deed to Four Peaks Investors I,Ltd,as recorded in Tarrant County Clerk's File No.D 199232769 of the Tairant County Deed Records,and being more particularly described as follows: BEGINNING at a 1/2"iron rod found at the sontheast corner of Lot 3,Block 1 of Lake Park,an addition to the City of Grapevine,as ���-_•�:ded in Cabinet A, Slide 3688 of the Plat Records a�'Tarrant County,Texas; :NCE North 00°23'34"East,a distance of 141.75 feet to a 5/8"iron rod set with a red plastic cap stamped"PBSJ,INC" ri�cinafter called a 5/8"iron rod set)in the south line of a Vact of land dedicated to the Public,recorded in Volume 3672,Page 101 _ . ,���i�-��o ���- �f the Desed Records of Tarrant County,Tex�=�;K said point being the northeast comer of saia..,;x`3,Block 1 of Lake Park,and being the lorthwest corner of the said called 2.835 acre tract; ' � I�NCE along the north line of the said called 2.835 acre tract South 89°32'24"F,ast,a distance of 509.09 feet to a 5/8"iron rod set at t�northeast corner thereof; TI :CE South 13°45'49"West,a distance of 132.70 feet to 5/8"iron rod set for corner, � TFiENCE South 62°06'S6"West,a distancc of 318.71 feet to a 1/2"iron rod found at the southeast corner of the said called 2.835 acre tt�C; THENCE North 89°44'Ol"West,a distance of 257.33 feet to a 5/8"iron rod set at the southwest comer of the said called 2.835 acre � �; T�NCE North 00°15'36"East,a distance of 139.43 feet to a 5/8"iron rod set for corner in the south line of the said Lot 3,Block 1 of La��Pazk Addition; TH�NCE South 89°40'S0"East,a distance of 59.93 feet along the south line of said Lot 3,Block 1 of Lake Park Addition to ihe POINT OF BEGINNING and coniaining 2.831 acres of land. � SURVEYOR'S CERTI�TCATION The undersigned,hereby certifies to the above,that the property hereon shown and herein described represents an on the ground survey on August 29,2000. � � E1VED ' , � ,�ti,oF.,.F;t-4 REC , , . p.•' �STEq , Robert W. gs �j�:Q,�,G ': ���d 2 �3 2�.. ;� Registered Professional Lan eyor#140 • " . . . 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INSTRUMENT FEECD INDEXED TIME 1 D201073710 WD 20010406 10 : 39 CK 225220 T O T A L : DOCUMENTS : 01 F E E S : 35 . 00 �..�_ B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. �.;..,