Planning and Zoning Committee

PLANNING AND ZONING COMMITTEE AGENDA REGULAR MEETING Tuesday, April 7, 2020 6:00 PM BOARD MEMBERS: Matthew Visel-Chair Gilbert Limones Lydia Moss Jimmie Raines Rosemberg Risa III Joe Suarez Walter Tidwell Jose Saucedo-Alt. Susan Anderson-Director of Planning & Community Dev. Page 1 of 19  NOTICE OF A REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OF UVALDE, TEXAS Notice is hereby given of the regular meeting of the Planning and Zoning Commission of the City of Uvalde, Texas, to be held Day, Month, 2019 at 6:00 P.M., in the City Council Chambers 2nd floor of City Hall, 101 East Main St., Uvalde, Texas for the following purpose: Page 1. CALL MEETING TO ORDER 2. APPROVAL OF MINUTES 3-4 2.A Approval of the minutes of the March 3, 2020 meeting. Planning and Zoning Committee - Mar 03 2020(9) 3. PUBLIC HEARING AND ZONING MATTERS Citizens who would like to come before the board are to limit their presentations to no more than three (3) minutes. 4. OPEN PUBLIC HEARING 5-9 4.A Case File # 6-20PZ Open a public hearing to consider and act on the request of Marcella Gonzales and Pete Gonzales, applicants, to subdivide 2 lots into 3 lots. This is an R3 zone and all resulting lots will conform to zoning regulations. The properties are located at 201 S. Wood St. and 233 E. Garden St., NCB 138, Old Town Subdivision, Block 13, Lots 302 and 294, City of Uvalde, Uvalde County Texas. Application - Case#6-20PZ - Marcella Gonzales & Pete Gonzales - S Wood E Garden - Subdivision CASE SUMMARY - Case#6-20PZ - Marcella Gonzales & Pete Gonzales - 201 S Wood & 233 E Garden - Subdivision 20-1982 Plat Amendment-PLAT 18X24 10 - 18 4.B Case File # 7-20PZ Open a public hearing to consider and act on the request of Royce Butler, applicant, for a special use permit to use the structure in the back of the property as an accessory dwelling.The property is located at 1907 Garner Field Rd.,NCB 216, JJ Guerra Subdivision, .74 acres, City of Uvalde, Uvalde County Texas. Application - Case#7-20PZ - Royce Butler - 1907 Garner Field Rd - Special Use Permit CASE SUMMARY - Case#7-20PZ - Royce Butler - 1907 Garner Field Rd - Special Use Permit Deed of Trust - Case#7-20PZ - Royce Butler - 1907 Garner Field Rd - Special Use Permit Representation Authorization Letter Case#7-20PZ - Royce Butler - 1907 Garner Field Rd - Speci 19 4.C Case File 8-20PZ Open a public hearing to consider and act on adoption of the corrected zoning map for the City of Uvalde. Map for adoption 5. ADJOURNMENT Certificate: I certify that the above and foregoing notice was posted in compliance with 551.043, Texas Government Code at 9:00 a.m., Month and day, 2019. Page 2 of 19  MINUTES Planning and Zoning Committee Meeting 6:00 PM - Tuesday, March 3, 2020 City Hall Council Chambers The Planning and Zoning Committee of the City of Uvalde was called to order on Tuesday, March 3, 2020, at 6:00 PM, in the City Hall Council Chambers, with the following members present: COMMISSION Rosemberg Risa III, Gilbert Limones, Joe Suarez, and Matthew Visel PRESENT: COMMISSION Lydia Moss, Walter Tidwell, and Alternate Jose Saucedo ABSENT: STAFF Director of Planning & Development Susan Anderson and Code PRESENT: Enforcement Jovita Maldonado 1. CALL MEETING TO ORDER 2. APPROVAL OF MINUTES 2.A. Approval of minutes from February 4, 2020. Limones made a motion to approve Risa III seconded the motion. Carried unanimously. 3. PUBLIC HEARING AND ZONING MATTERS Citizens who would like to come before the board are to limit their presentations to no more than three (3) minutes. 3.A. Open a public hearing to consider adoption of corrected zoning map for the City of Uvalde. Planning Director Susan Anderson said that there has been some confusion with zoning maps in the past. This item is intended to acknowledge the existing zoning of all parcels in the City of Uvalde. Staff used council minutes starting in 1948, city block books, annexation documentation, and an existing copy of the 1965 zoning map in order to create an accurate depiction of current zoning. The new map will eventually be available online. It will be updated each month and include information about variances, zone changes and annexations. Limones made a motion to approve the corrected map Risa III seconded the motion. Carried unanimously. 4. ADJOURNMENT Page Page31ofof19 2 4.A. Risa III made a motion to adjourn Limones seconded the motion. Carried unanimously. Board Chair City Secretary Page Page42ofof19 2  _________________________________________________________________________ ___________ ___________ __________________________________________ _________ ___________ ___________ ___________ ____ _____ as -1--zoPz City of Uvalde Planning & Zoning Commission ZONING CHANGE/SUBDIVISION APPLICATION ZONING CHANGE SPEC1AL PERMIT ZONING ORDINANCE AMENDMENT ESUBDIVISION Applicant’s Name: (If applicant is other than owner, attach written authority from owner) // ) Address: / 5 oo j Home Phone: Z2 7 Cell Phonefl- ork Phone: DESCRIPTION Street Address: Zc) I 4 Z 33 £ rc€i — New City Block #(NCB):NCi 3?j O c& Thujr . Blk.- I 1f- .?cZ.÷-Z’Y’f Current use of Property: Drainage plan submitted on: If property IS NOT platted, submit metes and bounds description: Proposed type of development: I31i l.d f’.J.tui or&__ ZONING ONLY: Existing zoning designation is: IZ.3 Requesting zoning change to: A.) /f4 SUBDIVISION ONLY: Application must include a legible drawing showing the property boundaries and dimensions with legal description, adlacent Street and/or alleys, and location of existing structures. ZONING CHANGE FEE $200.00 SUBDIVI ON FEE $300.00 Print Name: Signature: Date: For office use only: CustornerServiceRe.9_(AA. DateReceived: Z-(// Z_/20Z-o Addifon: ?IQ. I__ Block#: I Lot(s): O2. Lot Size: C_eI ‘( 2._.qO Secon of Zoning Ordinance that applies: 3 Approved by city Council on — [IDid NOT get Approved by City coundl on — Revised 4/2019 Page 5 of 19  CITY OF UVALDE 101 South Getty Street Uvalde, TX 78801 830-278-3316 FAX 830-278-2234 Mailing Address P.O. Box 799 Uvalde, TX. 78802-0799 rlara@uvaldetx.com codeenforcement@uvaldetx.com ZONING BOARD PERMIT PERMIT #: 20200218 DATE ISSUED: 2/13/2020 JOB ADDRESS: 201 WOOD ST S LOT ii: 302 PROPERTY ID: 10900-0300-00 BLOCK #: 13 SUBDIVISION: OLD TOWN ZONING: ABSTRACT: 10900 SURVEY: ISSUED TO: MARCELLA GONZALES CONTRACTOR: PEDRO GONZALESJR ADDRESS 201 S WOOD ST ADDRESS: 233 E GARDEN ST CITY, STATE ZIP: UVALDE TX 78801 CITY, STATE ZIP: UVALDE TX 78801 PHONE: 830-278-2727 PHONE: 830-261 -9507 MASTER LIC #: PROP. USE OCCP TYPE: VALUATION: $ 0.00 CNST TYPE: SQ FT 0.00 FEE CODE DESCRIPTION AMOUNT Z04 SUBDIVISION LOT FEE $ 300.00 TOTAL $ 300.00 NOTES: CASE#6-2OPZ — MEETING DATE: MARCH 3, 2020 — PLAT DUE DATE: 02/21/2020 NOTICE THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONThS AT ANY TIME AFTER WORK IS STARTED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISION OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONST CTION. i!3i 2DzJ) (AFF/JIOVED BY) DATE Page 6 of 19  CASE SUMMARY CASE FILE # 6-20PZ SITUS: 201 S Wood St & 233 E Garden St LEGAL DESCRIPTION: NCB 138, Old Town Subdivision, Block 13, Lot 32 & 294. CASE PETITION: Request of Marcella Gonzales and Pete Gonzales, applicants, to subdivide 2 lots into 3 lots. This is an R-3 zone so all 3 lots will be conforming lots. The properties are located at 201 S Wood St. and 233 E Garden St., NCB 138, Old Town Subdivision, Block 13, Lot 302 & 294, City of Uvalde, Uvalde County Texas. Arial View This is zone as a Residential 3. See Street view on back of paper. Page 7 of 19  Street View No letters needed to be mailed out for subdivision. Page 8 of 19  Resubdivision of Lots 294 and 302, Block No. 13 Original Town of Uvalde Resubdivision of Lots 294 and 302, Block . We the undersigned certify that the , was reviewed and approved by the Uvalde City Council on __________ ________________ DATE:___________ Mayor of the City of Uvalde Given under my hand and seal of office this____ day of ____________, ____ __________ ______________________________ Signature of Notary of Public, State of Texas, My Commission Expires on ______________________ We the undersigned Certify that , was reviewed and approved by the Planning and Zoning Commission of the City of Uvalde on __________ _________________________________ DATE:___________ _________________________________ DATE:___________ Chairman - City of Uvalde Planning and Zoning Commission Attest: Building Official Given under my hand and seal of office this____ day of ____________, ____ __________ ______________________________ Signature of Notary of Public, State of Texas, My Commission Expires on ______________________ No. 13 Original Town of Uvalde Signature Notary Public State of Texas My commission expires on:_________ THESE DRAWINGS ARE THE PROPERTY OF DIRKSEN ENGINEERING AND SHALL NOT BE USED ON OTHER WORK WITHOUT THEIR APPROVAL. IF THIS SHEET DOES NOT MEASURE 18"X24" IT HAS BEEN MODIFIED. COPYRIGHT 2020 FIRM NAME & ADDRESS D I R K S E N ENGINEERING UVALDE EAGLE PASS TBPE FIRM #F- 8848, TBPLS FIRM #10193741 311 N. GETTY STREET, UVALDE, TX 78801 PH: (830) 278-2100, FAX: (830) 278-2102 EMAIL: KENDIRKSEN@SBCGLOBAL.NET WEBSITE: WWW.DIRKENG.COM SITE PROJECT# 20-1982 ING PROJECT NAME & ADDRESS AIL EV PRIND Resubdivision of W Lots 294 and 302 NAD83/ TXSC 4204 SHEET 1 STATE OF TEXAS )( SCALE: 1" = 30' March 24, 2020 OF ___ 1 SHEETS COUNTY OF UVALDE )( LEGEND PERFORMED FOR: DES'D : KRD Pete Gonzales DRAWN : DHD FOUND MONUMENT APPV'D : KRD I certify that this plat was prepared from an actual survey conducted on March 5, 2020 on the ground under my supervision DATE : 03-05-2020 SET MONUMENT and the monuments shown are within the positional tolerance required by 22TAC SEC 663.15. BOUNDARY LINE PRELIMINARY DO NOT RECORD PLAT LINE ______________________________________________ Kenneth R. Dirksen, P.E. 82628, R.P.L.S. 6260 DEED LINE DIRKSEN ENGINEERING PROJECT 20-1982 FENCE LINE POWER LINE/POWER POLE This instrument was acknowledged before me on the __ day of__________, of ______ by Kenneth R. Dirksen, P.E. FIRE HYDRANT LUMINAIRE _________________________ Signature Notary Public State of Texas SEWER/SEPTIC VICINITY MAP UVALDE, TX Page 9 of 19 WATER METER My commission expires on:_________ SCALE: 1" = 2000'  _____________________________________ ______________Lott3I ___________________ _________ _______________ _______________________ _________________________________________ _______________ _______________ _____________________ e1-21)PZ City of Uvalde Planning & Zoning Commission ZONING CHANGE/SUBDIVISION APPLICATION ZONING CHANGE SPECIAL PERMIT ZONING ORDINANCE AMENDMENT flSUBDIVISION Applicants Name u+le (If applicant is other than ow er, ttach written authority from owner) Address: I 0] cvr 6d L\va1cs 7 Home Phone: 3O c7 - 51 Z5CeIl Phone: Work Phone: DESCRIPTION Street Address: New City Block # (NCB): 2 IG’ / TI iGue rra—. Current use of Property: Drainage plan submitted on: If property IS NOT platted, submit metes and bounds description: Proposed type of development: ZONING ONLY: ‘Jo OJACUI\9f l\- — pei U QJV’* Existing zoning designation is: Requesting zoning change to: SUBDIVISION ONLY: Application must include a egible drawing showing the property boundaries and d:mensions with egal description, adjacent street and/or alleys, and location of existing structures. ‘ONING CHANGE FEE 200.00 UBDI VISION FEE $300.00 Pnnt Name Sgnature - /3 tt-.-’L Date. 10 For office use only: customer Service e.q_d’frL Gate Receved / / “3< Adtion \L3 (L&JZ (Cs Bock # .ot s ze ‘7’f tZ re S Sec1onofZong0rdin3ncettatappes 1Z I ‘I I L_i Approved oy C ty CounI on Cd NOT get Approved by C ty Cov’ciI on Revised 4,2013 Page 10 of 19  ________ ____ CITY OF UVALDE 101 South Getty Street Uvalde, TX 78801 830-278-3316 FAX 830-278-2234 P.O. Box 799 Uvalde, TX. 78802-0799 rlara©uvaldetx.com codeenforcernent@uvaldetx.com ZONING BOARD PERMIT PERMIT #: 20200313 DATE APPLIED: 3/06/2020 JOB ADDRESS: 1907 GARNER FIELD RD PROPERTY ID: A0216-0016-00 ZONING: SUBDIVISION: ABSTRACT 0216 SURVEY 75 SETBACK-FRONT: ABSTRACT: A0216 SETBACK-SIDE: NCB: SETBACK-REAR: LOT #: BLOCK #: ISSUED TO: ROYCE BUTLER CONTRACTOR: ROYCE BUTLER ATTN: MASTER: ADDRESS 1907 GARNER FIELD ROAD ADDRESS: 1907 GARNER FIELD ROAD CITY, STATE ZIP: UVALDE TX 78801 CITY, STATE ZIP: UVALDE TX 78801 PHONE: 830-278-5925 PHONE: MASTER LIC #: PROP.USE OCCP TYPE: VALUATION: $ 0.00 CNST TYPE: SQ FT 0.00 DETAILS OF PROJECT: PROPERTY OWNER WOULD LIKE TO USE THE STRUCTURE IN THE BACK OF THE LOT AS A RESIDENCE SO HE CAN HELP TAKE CARE OF HIS MOTHER. LAMAR COURTNEY 830-900-8318 - FEE CODE DESCRIPTION AMOUNT Z05 SPECIAL USE APPLICATION FEE $ 200.00 TOTAL $ 200.00 NOTICE THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONThS AT ANY TIME AFTER WORK IS STARTED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISION OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. YOU ARE ON NOTICE THAT STATE AND FEDERAL LAWS MANDATE ASBESTOS SURVEYS BE COMPLETED BEFORE COMMENCING ON COMMERCIAL RENOVATION/DEMOLITION WORK WITHIN THE STATE OF TEXAS. SEE http://www.dshs.state.tx.us/asbestos. CONTRACTORS SHALL COORDINATE ALL DISPOSAL SERVICES THROUGH THE CITY’S UTILITY DEPARTMENT.(including ALL demolition (INITIA.....__ /7 / / / SIGNATUR F CONTRACTOR OR AUTHQED AGENT DATE’ / /2o z APPREDBY DATE Page 11 of 19  CASE SUMMARY CASE FILE # 7-20PZ SITUS: 1907 Garner Field Road LEGAL DESCRIPTION: NCB 216, JJ Guerra Subdivision. .74 acres. CASE PETITION: Request of Royce Butler, applicant, to request a Special Use Permit to use the structure in the back of the property as a second dwelling. The property is located at 1907 Garner Field Rd., NCB 216, JJ Guerra Subdivision, .74 acres, City of Uvalde, Uvalde County Texas. Arial View This is zone as a Residential 1. See Street view on back of paper. Page 12 of 19  Street View There were 14 certified letters mailed out (including owners). 12 green cards received signed. letters received unclaimed. 2 green cards or letters not received Received Reply’s: – Agree – Disagree Page 13 of 19  DEED OF TRUST THIS DEED OF TRUST is made this 9ih day of 19..l among the Grantor , pQN BUTLER (herein “Borrower”), 0 qpu1ty, ..Tes James L. Hensarling (herein Trustee), and the Beneficiary, First Savings & Loan Association Uvalde, Texas, a corporation organized and existing under the laws of the State of Texas, whose address is 400 North Getty, Uvalde, Texas 78801 (herein “Lender”). BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of UVLP.E State of Texas: , Being 0.74 acre of land out of Survey No. 75, 3. J. Guerra, Original Grantee, Abst. 216, in Uvalde County0 Texas, and being the easterly portion of what is known as the W. T. Berry Tract and a part of the same land conveyed by W. T. Berry et ux to R. H. Phillips by deed re corded in Vol. 109, page 624, Deed Records of Uvalde County, Texas, said 0.74 acre tract being more fully described by metes and bounds as follows: BEGINNING at a stake set for the S.W. corner of this tract, said point being in the South line of the W. T. Berry tract, and distant 646.0 ft. N 65° 00’ E from the Southwest corner of said Berry tract; THENCE N 5° 09’ E 276.4 ft. to a stake set in fence in the South line of Garner Field Road, (now Farm Road No. 1023); THENCE along the South line of Farm Road No. 1023, S 82° 09’ E 113.8 ft. to a 12” corner post of fence for the N.E. corner; THENCE with fence S 4° 45’ E 189.0 ft. to a 12” corner post of fence, for the S.E. corner; THENCE with fence along the South line of said W. T. Berry tract, S 65° 00’ W 169.0 ft. to the Place of BEGINNING and upon which property is located one single family dwelling. . The foregoing field notes were prepared by Hilmar J. Koch, Licensed State Land Surveyor, and are based on a survey iaade on the ground on February 11, 1969. Being the same property described in Deed of even date herewith from Billy B. Tucker et ux to Don Butler, duly recorded in the Deed Records of Uvalde County, Texas, here referred to for all purposes; which has the address of . . .Garner. .Eie.ld. Road. (F .M... Ro.ad. .10,23). , . Uvaide [Street] [City] .7 .Q 1 (herein “Property Address”); [State and Zip Code] TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter aiached LU tne property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are herein referred to as the “Property”; To SECURE to Lender (a) the repayment of the indebtedness evidenced by Borrower’s note dated. .JafltaXy. 9., .19.8.1 (herein “Note”), in the principal sum of.. TWEN.TY-EV.EN. TUOJJ.SND.D. NO/.J.00.. -.--.—--.Dollars, with interest thereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on .January. 20,. .2011 ; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained; and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 21 hereof (herein “Future Advances”). Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender’s interest in the Property. TEXAS—i to 4 Family—]/76—FNMA/FHLMC UNIFORM INSTRUMENT _7JPage 14 of 19  including, but not limited to, reasonable attorney’s fees; and (d) Borrower takes to assure that the lien of this Deed of Trust, Lender’s interest in the Propertysuch action as Lender may reasonably require secured by this Deed of Trust shall continue unimpaired. Upon such payment and Borrower’s obligation to pay the sums the obligations secured hereby shall remain in full force and effect as and cure by Borrower, this Deed of Trust and if no acceleration had occurred. 20. Assignment of Rents; Appointment of Receiver; Lender in Possession. hereby assigns to Lender the rents of the Property, provided that Borrower As additional security hereunder, Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents Upon acceleration under paragraph IS hereof or abandonment of the Property,as they become due and payable. judicially appointed receiver, shall he entitled to enter upon, take possession Lender, in person, by agent or by of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver’s fees, premiums on receiver’s bonds and reasonable attorney’s fees, and then to the sums secured shall be liable to account only for those rents actually received. by this Deed of Trust. Lender and the receiver 21. Future Advances. Upon request of Borrower, Lender, at Lender’s option prior may make Future Advances to Borrower if the Property is not the homestead of to release of this Deed of Trust, Borrower. Such Future Advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory secured hereby. notes stating that said notes are 22. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall release this Deed of Trust without charge to Borrower. Borrower shall pay all costs of recordation, if any. 23. Substitute Trustee. Lender at l..ender’s option, with or without cause. may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded Decu of iiust is recorded. Withom in the county in which this cy.inc of di l’ropcry. the iicc hali soccced to fl the tle, r’wer and duties conferred upon the Trustee herein ind by applicable law. 24. Subrogation. Any of the proceeds of the Note utilized to take up outstanding liens against all or any part of the Property have been advanced by Lender at Borrower’s request and upon Borrower’s due and are secured by valid liens against the Property. Lcnder shall he subrogated representation that such amounts arc to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any outstanding liens and whether said liens or debts arc acquired by Lender by assignment or are released debts, however remote, regardless of by the holder thereof upon payment. 25. Partial Invalidity. In the event any portion of the sums intended to he secured by this Deed of Trust cannot be lawfully secured hereby, payments in reduction of such sums shall he applied first to those the event that any applicable law limiting the amount of interest or other charges permitted portions not secured hereby. In that any charge provided for in this Deed of Trust or in the Note, whether considered to be collected is interpreted so charges that are considered a part of this Deed of Trust and Note transaction, violates separately or together with other such law by reason of the acceleration of the indebtedness secured hereby, or for any other reason, such charge is hereby eliminate such violation. The amounts of such interest or other charges previously reduced to the extent necessary to paid to Lender in excess of the amounts pernitted by applicable law shall be applied by Lender to reduce the principal of the indebtedness evidenced by the Note, or, at Lender’s option, be refunded. - 26. Vendor’s Lien; The Note secured hereby is [primarily secured by the Vendor’s Lien retained in the Deed of even date herewith conveying the Property to Borrower, which Vendor’s Lien has been assigned to Lender, this Deed of Trust being additional security therefor.J * ct zcjftbat .sa C IN WITNESS WHEREOF, Borrower has executed this Deed of Trust. , fr1/ THE STATE OF TEXAS COUNTY OF UVALDE I, Eileen Carlisle, Clerk of the County Court in and f said County and State, do hereby certify that the foregoing instrument of writing, dated on the . .. ,/ _ day o .__ ..., 198 / , with its certificate of — authentication, was filed for record in my office on the l98.t__, at o’clock ZLM., and duly recorded this day of l98_, at o’clock _.M., in the Records of said County, in Volume on page WITNESS my hand and seal of the County, Court of county, at my office in Uvalde, Texas, the day and year last above written. B _______......Deputy Clerk of the County Court, Uvalde County, Texas I,.JI-( .ii S Page 15 of 19  KESSLER, KESSLER, VAUGHAN & BOYLE Deed description: 0.74 acre From To Distance Point Point Bearing (feet) 1 2 N 05 09 E 276.4 2 3 S 82 09 E 113.8 3 4 S04 45E 189.0 4 5 S6500W 169.0 TRAVERSE COMPUTATIONS Deed description: 0.74 acre Closure Error: 0.04 feet Closure Bearing: N 42 8 48 W Perimeter: 748.20 feet Precision: in 17347 Area: 0.705 acres Deed Description: 0.74 acre Area = 0.705 acres Scale: 1 inch = 50 feet North 3 5 Page 16 of 19 TO: The City of Uvalde 101 E. Main Street Uvalde, Texas 78801 March 8, 2020 RE: Representative Authorization I, Royce Butler, hereby authorize my son, Tommy L. Courtney, as my agent, to make decisions, regarding the property at 1907 Garner Field Road,Uvalde, Texas, which I own. jl Royce 1ut1er Page 17 of 19 Royce Butler 1907 Garner Field Road Uvalde, Texas 78801 March 8, 2020 To whom it may concern: RE: REPRESENTATIVE AUTHORIZATION This letter gives authorization for decisions to the City of Uvalde, on the property at 1907 Gamer Field Road to Tommy L. Courtney, as my representative. Thank you for your attention. Respectfully, Royce Butler Page 18 of 19  U vald e Z one B 1 B 2 B 3 I1 I2 R 1 R 2 R 3 R 4 R 5 R 6 Cityo fU vald e Z o nin gM ap L a stu pda tedF ebru ary1 0,2 020 Source s: E sri, HERE,Garmin, Inte rmap, incre m e n tPC orp., GEBO C ,USGS,F A O ,NPS,NRCAN ,GeoBase, IG N ,Kada ste rN L, O rdna n ceS urve y ,EsriJa p a n ,M E T I, E sriCh ina(HongKog n), (c)Ope n S tre etMapcon trib uto rs, andth eG ISU serC om munity N Page 19 of 19 00 .13 0.2 5 0 .5 0 .75 1 M ile s