HomeMy WebLinkAboutRES 13-065RESOLUTION NO. 13-065
WHEREAS, Darran Dollarhide has requested that the City of Beaumont grant a
License to Encroach into one (1) utility easement at 1030 21St Street, which is described
as being out of Lot 16, Block 19, Calder Place Addition, to the City of Beaumont. The
encroachment being an existing structure overlapping 2.03' to 2.16' into the 10' utility
easement, as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made
a part hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; and,
time;
WHEREAS, it appears that it would be equitable to allow such encroachment at this
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a License to
Encroach to Darran Dollarhide to encroach into one (1) utility easement at 1030 21St Street,
which is described as being out of Lot 16, Block 19, Calder Place Addition, to the City of
Beaumont. The encroachment being an existing structure overlapping 2.03', to 2.16' into
the 10' utility easement, as described in Exhibit "A" and shown in Exhibit "B," attached
hereto and made a part hereof for all purposes for a one -time fee of Five Hundred Dollars
($500.00) for the License to Encroach.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
March, 2013.
114.
,' ; .me
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date Iast indicated below, the City of Beaumont, a municipal corporation,
of Beaumont, Jefferson County, Texas, herein called "Licensor" and DARRAN AND KRISTIN
DOLLARHIDE, owner, hereinafter called "Licensee ", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property (the subject of
this license agreement) described as follows:
Said encroachment being an existing residential dwelling overlapping 10' utility
easement by 2.03' to 2.16', on Lot 16, Block 19, Calder Place Addition (1030 21st
Street). Said encroachment is shown on Exhibit "A ", attached.
Subject property may continue to be occupied and used by Licensee solely in
connection with the existing structures and for incidental purposes related thereto during the term
of this license or until termination thereof Said license shall terminate upon removal or
demolition of said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when
and to what extent such improvements are to be made. A copy of this license shall be attached to
such notice.
Substantial improvement means any repair, construction, or improvement of a
structure, the cost of which equals or exceeds twenty -five percent (25 %) of the market value of
the structure either: (1) before the improvement or repair is started; or (2) if the structure has
been damaged and is being restored, before the damage occurred. For the purposes of this
definition, "substantial improvement" is considered to occur when the first alteration of any
portion of the structure commences, whether or not that alteration affects the external dimensions
of the structure. The tern does not, however, include any projects or improvements of a
structure to comply with existing state or local health, sanitary, or safety code specifications
which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or
users of such structure.
Page i of 3
EXHIBIT "A"
In the event the City of Beaumont, by resolution of the City Council, determines it
needs the subject property, or any part thereof, for the benefit of the City or to protect the health,
safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall
not receive any compensation and the City of Beaumont shall not be liable therefore, whether for
the value of property taken, damage to the abutting or remaining property or improvement, loss
of business or profit, loss of access, or otherwise.
Licensee shall at all times indemnify and hold harmless Licensor and any
franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits,
attorney's fees, costs, judgements or expenses, that Licensor and any franchised entity of
Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner
from the construction, maintenance, use, state of repair, or presence of such encroaching
structure.
Licensor, and any franchised entity of Licensor, reserves the right to make
improvements, perform maintenance and construction to the right-of-way or premises covered by
this license where such is deemed necessary for the health, welfare and safety of the community.
In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any
damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim
against such parties for any such damage sustained by Licensee to said encroaching structure or
any abutting or attached structures, improvements or land caused by the removal or alteration of
any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of
Licensor any additional costs resulting from the encroachment.
Licensee shall not permit trees, shrubs, plants, or any object to be placed on the
subject property in such a manner as to obstruct the view of traffic.
As part of the consideration for this agreement, Licensee shall pay to Licensor the
sum of Five Hundred Dollars ($500.00). Said sum being non- refundable.
This license shall be recorded in the Real Property Records in the Office of the
County Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty (30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with, and
as part of, Licensee's conveyance of all the abutting property this license serves, through probate
or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by
being delivered a copy of the document or documents conveying or leasing the same.
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the
Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any
Page 2 of 3
notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property
Owner at 1030 21" Street, Beaumont, Texas 77706.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of 12013.
LICENSOR
CITY OF BEAUMONT
KYLE HAYES
CITY MANAGER
LICENSEE
By:
DARREN DOLLARHIDE
KRISTIN DOLLARHIDE
Page 3 of 3
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of
2013, by
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of
2013, by
RETURN TO:
City of Beaunnont
Antoinette Hardy - Engineering
P. O. Box 3827
Beauxnont, Texas 77704
Page 4 of 3
Notary Public, State of Texas
am-
1. IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
OWNERSHIP OR TITLE.
2 4E WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL =
JUDGMENT BY THE SURVEYOR, WhM IS BASED ON HIS BEST KNOWLEDGE INFORMATION SCALE 1 "=30'
AND BQJEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE
W17H THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY,
EXPRESSED OR IMPLIED.
I THDMd_s S "SURFACE HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME
OF THE SURVEY-
DATE SURVEYED• NOVEMBER 9, 2012
+MARK . WHITELEY P, 0. BOX 5492
D ASSOCIATES BEAUMONT, 1'PW 77728 -
INCORPORATED 409- 092 -0421
TINC EACINEERS, 3250 EASTER FRWY.
ORS, AND PLANNERS BEAUMONT. TEXAS 77703
alo ed BvIn -inn rl (PAX) 409 - 892 -1348
„M
W.\2012 EXHIBIT "B"
Lot Number Sixteen (16), in Block Number
Nineteen (19), of CALDER PLACE ADDITION, an
addition to the City of Beaumont, Jefferson
County, Texas, according to the map or plat of
record in Vol. A Page 126, Map Records of
Jefferson County, Texas and Vol. B. Page 134,
Mop Records of Jefferson County, Texas.
Owner: Darren Ddmtide and Kristin Oollerhide
Census: 4.00
In accordance with the Flood Hazard Boundary
Map, Deportment of Housing and Urban
Development.
Community No.: 405457
Pena! No.: 0035 C
Dote of FIRM: 8 -6 -02
This property ties in Zone X' (white). Location an
mop determined by scale on mop. Actual field
elevation not determined Mark W, Whiteley and
Associates does not warrant nor subscribe to the
92 accuracy or scale of said maps.
Zone X' (white) are areas determined to be
outside 500 year flood plain.
0 2000 Xwk W. *Wkh1y t 11--k ft vac.
nm 4ecumart, . m i fs .M M pefe+s'vnW service, :f A, peperly
of Nm k If.. AR.&7 X Awlial.. vac. WW %r not 1e be —4 tepod red,
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{r REFERENCE SFARING PER PLAT PRRTRUS10H
�,r Q)WOOD AND FRAME BtdLDW PROTRUDES FROM
a>orF
21ST S IREET 2.03' TO Z 16' OW A 10' UNM EASEMEW.
(CALLED TWENTY FIRST STREET PER PLAT)
((60' ROW)
1030
21ST STREET
TO THE OWNERS OF THE PREMISES SURVEYED BEAUMONT, TEXAS 77706
AS OF THE DATE OF THE SURVEY.
I THDMd_s S "SURFACE HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME
OF THE SURVEY-
DATE SURVEYED• NOVEMBER 9, 2012
+MARK . WHITELEY P, 0. BOX 5492
D ASSOCIATES BEAUMONT, 1'PW 77728 -
INCORPORATED 409- 092 -0421
TINC EACINEERS, 3250 EASTER FRWY.
ORS, AND PLANNERS BEAUMONT. TEXAS 77703
alo ed BvIn -inn rl (PAX) 409 - 892 -1348
„M
W.\2012 EXHIBIT "B"
Lot Number Sixteen (16), in Block Number
Nineteen (19), of CALDER PLACE ADDITION, an
addition to the City of Beaumont, Jefferson
County, Texas, according to the map or plat of
record in Vol. A Page 126, Map Records of
Jefferson County, Texas and Vol. B. Page 134,
Mop Records of Jefferson County, Texas.
Owner: Darren Ddmtide and Kristin Oollerhide
Census: 4.00
In accordance with the Flood Hazard Boundary
Map, Deportment of Housing and Urban
Development.
Community No.: 405457
Pena! No.: 0035 C
Dote of FIRM: 8 -6 -02
This property ties in Zone X' (white). Location an
mop determined by scale on mop. Actual field
elevation not determined Mark W, Whiteley and
Associates does not warrant nor subscribe to the
92 accuracy or scale of said maps.
Zone X' (white) are areas determined to be
outside 500 year flood plain.
0 2000 Xwk W. *Wkh1y t 11--k ft vac.
nm 4ecumart, . m i fs .M M pefe+s'vnW service, :f A, peperly
of Nm k If.. AR.&7 X Awlial.. vac. WW %r not 1e be —4 tepod red,
:aped a
did W d. in 0000 a Pal dib-0 Um -At- M
Mao W. W.R.Ny 6 Aubt+Wef. lec.
Z
0
IIIiiIiIIIIIIIiIIIIiIIIIIIIIBUIIIIIIIIIIIIIIillllllllllll `IC 2013012490
6 PGS
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date last indicated below, the City of Beaumont, a municipal corporation,
of Beaumont, Jefferson County, Texas, herein called "Licensor" and DARRAN AND KRISTIN
DOLLARHIDE, owner, hereinafter called "Licensee ", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property (the subject of
this license agreement) described as follows:
Said encroachment being an existing residential dwelling overlapping 10' utility
easement by 2.03' to 2.16', on Lot 16, Block 19, Calder Place Addition (1030 21st
Street). Said encroachment is shown on Exhibit "A ", attached.
Subject property may continue to be occupied and used by Licensee solely in
connection with the existing structures and for incidental purposes related thereto during the term
of this license or until termination thereof. Said license shall terminate upon removal or
demolition of said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when
and to what extent such improvements are to be made. A copy of this license shall be attached to
such notice.
Substantial improvement means any repair, construction, or improvement of a
structure, the cost of which equals or exceeds twenty -five percent (25 %) of the market value of
the structure either: (1) before the improvement or repair is started; or (2) if the structure has
been damaged and is being restored, before the damage occurred. For the purposes of this
definition, "substantial improvement" is considered to occur when the first alteration of any
portion of the structure commences, whether or not that alteration affects the external dimensions
of the structure. The term does not, however, include any projects or improvements of a
structure to comply with existing state or local health, sanitary, or safety code specifications
which are solely necessary to protect the health, safety and welfare of the public, inhabitants, or
users of such structure.
Page 1 of 3
In the event the City of Beaumont, by resolution of the City Council, determines it
needs the subject property, or any part thereof, for the benefit of the City or to protect the health,
safety or welfare of the public, and it terminates this license or any part thereof, Licensee shall
not receive any compensation and the City of Beaumont shall not be liable therefore, whether for
the value of property taken, damage to the abutting or remaining property or improvement, loss
of business or profit, loss of access, or otherwise.
Licensee shall at all times indemnify and hold harmless Licensor and any
franchised entity of licensor against, and pay in full, for all claims, losses, damages, law suits,
attorney's fees, costs, judgements or expenses, that Licensor and any franchised entity of
Licensor may sustain, incur, be required to pay or become liable for, resulting in any manner
from the construction, maintenance, use, state of repair, or presence of such encroaching
structure.
Licensor, and any franchised entity of Licensor, reserves the right to make
improvements, perform maintenance and construction to the right -of -way or premises covered by
this license where such is deemed necessary for the health, welfare and safety of the community.
In doing so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any
damage occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim
against such parties for any such damage sustained by Licensee to said encroaching structure or
any abutting or attached structures, improvements or land caused by the removal or alteration of
any encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of
Licensor any additional costs resulting from the encroachment.
Licensee shall not permit trees, shrubs, plants, or any object to be placed on the
subject property in such a manner as to obstruct the view of traffic.
As part of the consideration for this agreement, Licensee shall pay to Licensor the
sum of Five Hundred Dollars ($500.00). Said sum being non - refundable.
This license shall be recorded in the Real Property Records in the Office of the
County Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty (30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with, and
as part of, Licensee's conveyance of all the abutting property this license serves, through probate
or warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by
being delivered a copy of the document or documents conveying or leasing the same.
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the
Office of the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any
Page 2 of 3
notice to Licensee or their successors shall be sufficient if mailed or hand delivered to Property
Owner at 1030 21" Street, Beaumont, Texas 77706.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of Avv t 1 12013.
LICENSOR
CITY OF BEAUMONT
By:
v
KYLE HAYES
CITY MANAGER
LICENSEE
„w
,.
Page 3 of 3
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the _/#� day of APO,
2013, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
STATE OF TEXAS
t
N
X mmu kvim thv"
I ( �.t' ) W COMIde Eon Expires
December 7, 2.016
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
2013, by [)arraP, Do IIQrhrcle..
Afo .0
•- c ; Z-4 '.0 �� Notary Public, State of Texas
yy
� 'iii Q w • w.
M
ON X
This instrument was acknowledged before me on the I C� day of
2013, by ris410- Oollarh iJe-
'�' •
"V. y Notary Public, State of Texas
I co
?ngineering
7704
license 20th
CITY OF BEAUMONT
ANTOINETTE HARDY
P.O. BOX 3827 Page 4 of 3
BEAUMONT TX 77704
NQNOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING
OWNERSHIP OR TITLE.
2. THE WORD CERTIFY IS UNDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL
JUDGMENT BY THE SURVEYOR, WHICH IS BASED ON HIS BEST KNOWLEDGE, INFORMATION
AND BELIEF, FORMED IN THE COURSE OF HIS PERFORMING THE SURVEY IN COMPLIANCE
WITH THE STANDARDS OF PRACTICE REQUIRED AND PROMULGATED BY THE TEXAS BOARD
OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A GUARANTEE NOR A WARRANTY,
EXPRESSED OR IMPLIED.
�cg
ER P a
va�tti
P G.
GP�40 0R3G
Vol 53 �p� 56 (CALL S00'42' 15 "E 90.00) I
FND S00 °42'15 "E 89.96' N
0
CALC. CORNER UNABLE TO FND a, o 0
OR SET DUE TO FENCE POST r<
S32' 10'09"W 0.60'
S66'12'06"W 0.13'
CU
— 11.00'—
I
— —1 �' L pASPaLT 1
S61'29'06"W 0.58
o
Map, Department of
' q 5728 ��:0
:f
LOT
5' UTILITY EASEMENT
ti0••• ••••�j�
BLOCK 19
S U
o �1•�'
' SIDE SETBACK
5' DE
5I
z
5' SIDE SETBACK
VOL. 871, PG. 173 1
VOL PT 173
Mic
elevation not determined, Mark W. Whiteley and
DRJC
Associates does not warrant nor subscribe to the
�
I
5.24'
10.00"'
29.90' 1
Zone ' "X" (white) are areas determined to be
outside 500 year flood plain.
to
2010 Mark W. Whiteley k Associates, Inc.
ihis document, on instrument of service, is the property
FAX 409 - 892 -1348
Inc. and n
of Mark W. Whiteley Er Associates, . and is not to be used, reproduce
el
copied or. distributed, in whole or part without the written authorization ,
n nnc nuinl nnn
Mark W. Whiteley B Associates, Inc.
W
of
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Lo LO
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11 COWRED
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RESIDENCE
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1 ELEC. 2130'
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2770' 8 ts.so' 12.62'
6.50'
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cd COVERED, - 1 L.
35' BLDG. SETBACK
15
PER PLAT
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FND 5/8"
!. ROOD
0
Llarr'r`�
POLE
FND N00 °42'15 "W 89.96
(CALL NOO-42.15 -W 90.00')
REFERENCE BEARING PER PLAT
21ST STREET
(CALLED TWENTY (FIRST STREET PER PLAT)
1030 21ST STREET
BEAUMONT, TEXAS 77706
SCALD' 1 " =30'
g5
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CALC. CORNER UNABLE TO FND
S53'11'16"W 0.30'
S09'51'22"W 0.73'
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THIS SURVEY WAS PERFORMED
WITHOUT BENEFIT OF CURRENT
TITLE COMMITMENT.
BOUNDARY AND IMPROVEMENT
SURVEY ONLY, EASEMENTS,
IF ANY, NOT RESEARCHED
OR SHOWN, WITH THE
EXCEPTION OF THOSE PLATTED.
Vol 0
PROTRUSION NO
(D WOOD AND FRAME BUILDING PROTRUDES FROM
2.03' TO 2.16' ONTO A 10' UTILITY EASEMENT.
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
1,M W& S. ROWS DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
HER ON AN THE
CORRECTLYO REPRESENTS GROUND
THE FACTS FOUND PROPERTY
AT THE TIME SCRIBED
OF THE SURVEY.
DATE SURVEYED NOVEMBER 9, 2012
MARK W. WHITELEY
AND ASSOCIATES
hhh.- INCORPORATED
CONSULTING ENGINEERS,
SURVEYORS, AND PLANNERS
&m F -M
OF
5T
Lot Number Sixteen (16), in Block Number
Nineteen (19), of CALDER PLACE ADDITION, an
addition to the City of Beaumont, Jefferson
County, Texas, according to the map or plat of
record in Vol. 8, Page 126, Map Records of
Jefferson County, Texas and Vol. 8, Page 134,
Map Records of Jefferson County, Texas.
Owner: Darran Dollorhide and Kristin Dollorhide
� "
Census: 4.00
....... BONN...
in accordance with the Flood Hazard Boundary
Housing and Urban
10MA`S.•c`'••�•••' �;
Map, Department of
' q 5728 ��:0
Development.
E S S�°
Community No.: 485457
ti0••• ••••�j�
Panel No.: 0035 C
S U
Date of FIRM: 8 -6 -02
This property lies in Zone "X" (white). Location on
)NAL LAND SURVEYOR No. 5728
map determined by scale on map. Actual field
elevation not determined, Mark W. Whiteley and
Associates does not warrant nor subscribe to the
P. 0. BOX 5492
accuracy or scale of said maps.
BEAUMONT, TEXAS 77726 -5492
409- 892 -0421
Zone ' "X" (white) are areas determined to be
outside 500 year flood plain.
3250 EASTEX FRWY.
BEAUMONT, TEXAS 77703
2010 Mark W. Whiteley k Associates, Inc.
ihis document, on instrument of service, is the property
FAX 409 - 892 -1348
Inc. and n
of Mark W. Whiteley Er Associates, . and is not to be used, reproduce
el
copied or. distributed, in whole or part without the written authorization ,
n nnc nuinl nnn
Mark W. Whiteley B Associates, Inc.