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CERTIFICATE OF SECRETARY OF
PEACH CREEK DEVELOPMENT CORPORATION
As General Partner of
Peach Creek Partners, Ltd.
I, John E. McFarlane, Jr., hereby certify that I am now, and at all times mentioned herein have
been, a duly elected, qualified, and acting Secretary of Peach Creek Development Corporation, a Texas
corporation (the "Company"), that as such officer, I have custody of the records of the Company and that:
1. The Company is the general partner of Peach Creek Partners, Ltd., a Texas
limited partnership (the "Partnership"), and that the Partnership is a limited partnership duly
organized and existing under the laws of the State of Texas and is authorized to do business in
the State of Texas.
2. That on or about the 23rd day of November, 2009, at a meeting of the partners of
the Partnership and the board of directors of the Company in its capacity as general partner of
said Partnership duly called and held in accordance with the Partnership Agreement of the
Partnership and the Bylaws of said Company and the law, the following resolutions were
unanimously adopted and recorded in the minutes of the books of said Company and
Partnership kept by me and are in accord with and pursuant to the governing agreements of
said Company and Partnership and are now in full force and effect, to-wit:
WHEREAS, Peach Creek Partners, Ltd. is the owner of certain real property described
as that certain 92.517 acre tract more fully described on Exhibit "A" attached hereto and
made a part hereof (the "Property"); and
WHEREAS, Peach Creek Partners, Ltd. is developing the Property; and
WHEREAS, the Partnership has agreed to authorize JOHN E. MCFARLANE, JR., as
President of the Company in its capacity as general partner of the Partnership to execute
(i) any and applications and requests related to the development of the Property,
including but not limited to, any platting applications, plats of the Property and/or site
plans of the Property, and (ii) any and all easement documents necessary or convenient
for the development of the Property.
NOW, THEREFORE, BE IT RESOLVED, that the existing partners of the Partnership and
the board of directors of the Company, authorize and direct JOHN E. MCFARLANE, JR.,
as President of the Company in its capacity as the general partner of the Partnership to
execute (i) any and applications and requests related to the development of the
Property, including but not limited to, any platting applications, plats of the Property
and/or site plans of the Property, and (ii) any and all easement documents necessary or
convenient for the development of the Property, on behalf and in the name of the
Company;
RESOLVED FURTHER, that the President/Secretary of the Company is directed to
certify the Minutes of this meeting and the contents of these resolutions and to deliver
such certification in support of the authority to act on behalf of the Company.
RESOLVED FURTHER, that the foregoing powers and authorities shall continue in full
force and effect until written notice or revocation has been given.
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3. I further certify that the following is the duly elected and incumbent
President/Secretary of the Company authorized to act on behalf of said Company is as set forth:
Name Office
John E. McFarlane, Jr. President/Secretary
VIA
IN WITNESS WHEREOF, I have duly executed this Certificate on this day of November, 2009.
Joh E. McFarlane, Jr.
Sec etary
THE STATE OF TEXAS (ACKNOWLEDGMENT)
COUNTY OF _VZjWZf~
'
This instrument was acknowledged before me on this 23 ay of November, 2009, by John E. McFarlane,
Jr., Secretary of Peach Creek Development Corporation, a Texas corporation, as the general partner of
Peach Creek Partners, Ltd., a Texas limited partnership, on behalf of said partnership, on the date
stated above, to certify which witness my hand and seal of offic .
~:~*►::ti J. DALE BROWNE JR. Notary Public, State of as
Notary Public, State of Texas
My Commission Expires
October 24, 2011
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EXHIBIT "A"
Prouerty Description:
Field notes of a 92.517 acre tract or parcel of land, lying end being situated in the Andrew Miller, A-165,
the Clement Rainey Survey, A-201, and the H.G. Hudson Survey, A-140, Brazos County, Texas, and being
part of the 80.31 acres tract described in the Deed recorded in Volume 856, Page 629,of the Official Records
Of Brazos County, Texas, and all of the 16.71 acres tract described in the Deed recorded in Volume 959.
Page 262, of the Official Records of Brazos County, Texas, said 92.517 acres tract being more particularly
described as follows:
BEGINNING at the 1:2-inch iron rod found for corner marking the lower northwest corner of the 80.31
acres tract, said iron rod marking the northeast corner of the Edward Valenta S3.S045 acres tract, the
southeast corner of the Jon N. Acklam 42.842 acres tract and the southwest corner of the Debbie Stormier
25.51 acres tract;
THENCE N 86' 06' 04" E along the northwest line of the 80.31 acres tract for a distance of 491.52 feet to a
POINT for corner marking a northeast corner of the 80.31 acres tract and the northwest corner of the
16.71 acres tract, a lit-inch iron rod found bears S 88° 51' 54" E a distance of 3.27 feet;
THENCE S 89' lit' 33" E along the northeast line of the 16.71 acres tract for a distance of 999.70 feet to a
1/2-inch iron rod found for corner marking the northeast corner of the 16.71 acres tract and a northwest
corner of the M.31 acres tract;
THENCE along the northerly lines of the 80.31 acres tract for the following calls;
S 89' 08' 41" E for a distance of 59.98 feet to a POINT for angle point;
ti 89" 23' 34" E for a distance of 579.03 feet to a 318-inch iron, rod found for corner marking an interior eil
corner of the 80,31 ecres tract and the southeast corner of the Scott Medlin 16.68 acres tract (3836151);
THENCE N 02° 56' 04" E along the fence found marking the upper west line of the 80.31 acres tract, same
being the easterly line of the Medlin 16.68 acres tract, for a distance of 795.80 feet to a T%DOT Concrete
Monument found for corner, said monument marking the southwest corner of a 2.46 acres tract (55331197)
out of the 80?1 acres tract and conveyed for righi-ofway Of State highway No. 6,
THENCE along the southwest lines of the 2.46 acres tract, same being the southwest right-rd--way of the
proposed State Highway No. 6, for the following calls:
S 38° 53' 23" E for a distance of 1,524.59 feet to a TxDOT Concrete Monument found for angle point;
S 20° 27' 17" E for a distance of 103.75 feet to a TXDOT Concrete Monument round for angle point;
S 38' 53` 26" E for a distance of 143.85 feet to a POINT for corner in the centerline of Peach Creek. same
being the southerly line of Elie 80.31 acre tract, a 51-inch iron rod found for reference hears
S 38°53' 26" E a distance of 65.62 feet;
THENCE along the southerly lines of the 80.31 acres tract, same being along the centerline of Peach Creek,
for the following calls:
N 75° 27' 21" W 103.15 feet:
5 72°24' 25" W 115.98 feet;
S 76" 094 47" W 380.03 feet;
S 421 52' 56" W 1;46.76 feet:
S 67° 31' 28" W 205.55 feet
S 40" 55' 23" W 59.18 feet;
N 85` 05' 30" W 61.35 feet;
N 17' 56' .15" W 41.24 feet:
N 18' 04' 1" E 149.3' feet;
N 58` 54' 47" W 36.19 feet;
N 80" 32' 56" NY 80.06 feet:
N 65` 31' 36" W 96.06 fees;
S8510111 09" W 82.20 feat:
S 23' 50' 33" W 1.33.44 feet;
S 05' 46' 19" W 85.32 feet;
S 64Y 46' 03" W 150.16 feet;
S 17° 31'02" W 68.27 feet;
S 39.51' 36" E 65.26 feet;
S 13' 53' 02" E 131.42 feet;
S 55' 53' 14" W 51.74 feet;
N 41' 15' 54" W 95.07 feet:
S 80' 30' 51" W 122.45 feet;
S 49` 43' 30" W 198.57 feet to a point for corner in or near the common line ;:f the Miller Surve'y' and Lite
Rainey Survey;
THENCE continuing along the centerline of Peach Creek and the south tine of the 80.31 acres erect for the
following calls:
N 58' 37' 29" W 45.88 feet;
N 63' 16' 50" W 38.95 feet;
N Sr 40' 53" W 164.60 feet;
N 71' 24' 02" W 87.32 feet;
S 26' 52' 08" W 107.65 feet;
S 63' 54' 01" W 57.99 feet;
S 69° 38' 16" W 243.49 feet;
N 39' 10' 26" W 174.79 feet;
N 76° 02' 32" W 154.91 feet;
N 89' 58' 49" W 124.93 feet;
S 63° 16' 48" W 113.52 feet;
S 20° 10' 42" W 109.52 feet;
S 28' 28' 09" E 85.93 feet;
S 85° 45' 23" E 12597 feet;
S 60' 37' 29" E 69.42 feet;
S or 53' 27" W 31.46 feet;
S 72'06'36" W 148.54 feet;
S 02' 47 08" W 175.98 feet;
3 49'50'22" W 75.27 feet;
S 19° 11' 06" W 111.05 feet;
S 32' 20' 17" E 104.51 feet;
S 09' 02` S4" W 72.65 feet;
S 54' 07' 48" W 4550 feet;
S 15' 351 20" E 91.37 feet;
ti 78° 18' 19" E "3.38 feet;
S 42123' (8" F 105.41 feet;
S 00' 20' 03" E 48.98 feet;
S 40' 59' 10" W 157.46 feet;
S 541 51'07" W 130.22 feet;
S 20' 21'48" W 109.10 feet:
N 87. 56' 28" W 154.22 feet;
Y 78' 28' 12" W 183,55 feet to a pont for wr.cr, sold point mArking the southwest corner of the 80.31
acres tract, a 1;2-inch iron rod found for mrvreace hears ti )0' 24' 26" F. a distance of 84.66 feet;
THENCE N 00' 24' 26" E along the lower west line of the 80.31 acres tract, same being the east lisle of the
Valenta 83.8045 acres tract, far a distance of 2,452.64 feet to the PLACE OF BEGINNI.'SG containing
92.517 ACRES OF LAND, more or less.