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2000-025-ORD AMENDING ZONING ORDINANCE NO 1710 AND CHANGING BOUNDARIES ESTABLISHED BY ZONING MAP OF SAID CITY ON LOT 1 NETEMEYER ADD'N ON PROPERTY BELONGING TO WALMART REALTY ORDINANCE NO. 2000-025 AN ORDINANCE 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 COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES ON WT 1, NETEMEYER ADDITION, ON PROPERTY BELONGING TO WAL-MART REALTY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN E}'}'ECTIVE DATE OF JULY 1,2000. 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 Stale 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 of 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 COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES be, and the same is hereby, established on LOT 1, NETEMEYER ADDITION, on property belonging to WAL-MART REALTY, so as to include in such COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES the hereinafter described property, which was formerly and is presently designated as a COMMERCIAL DISTRICT (C), and that the boundaries of said COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (49) AUTO FUEL SALES, 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 27.2551 acre tract of land situated in the Enoch Crow Survey, No. 208, being Lot 1 of the Netemeyer Addition, being all of a 0.319 acre tract of land as described in deed to Taylor Benjamin as recorded in Volume 593, Page 565, Deed Records, Lamar County, Texas, a portion ofa 5.25 acre tract of land as described by deed to Jackie and Rebecca Wheeler as recorded in Volume 256, Page 96 of said deed records, a portion of an 8.08 acre tract of land as described by deed to Bobby Smallwood as recorded in Volume 669, Page 604 of said deed records, all of a 4.830 acre tract of land as described by deed to Crist Pshigoda as recorded in Volume 703, Page 242 of said deed records, all of a 3.02 acre tract of land as described by deed to Mark Kevin Miller as recorded in Volume 601, Page 108 of said deed records, and all of a 10.05 acre tract as described by deed to Glen A. Smallwood as recorded in Volume 566, Page 135 of said deed records, said 27.2551 acre tract being further described by metes and bounds as follows: BEGINNING at a 3/8" iron pin found at the southeast corner of said 0.319 acre tract, said point being in the north right -of-way line of Lamar A venue (U. S. Highway No. 82), a 120.0 foot width public right-of-way; THENCE North 89 degrees 50 minutes and 01 seconds West, with said north right-of-way line, 373.23 feet to a concrete monument found in the south boundary line of said 10.05 acre tract, said point being at the beginning of a curve to the left whose radius bears South, 3879.72 feet; THENCE with said north right-of-way line and with said curve through a central angle of 04 degrees 06 minutes 01 seconds, an arc length of 277.65, and whose long chord bears South 88 degrees 06 minutes 58 seconds West, 277.59 feet to a point located at the southwest property corner of said 4.83 acre tract; THENCE North 00 degrees 13 minutes 28 seconds East, with the west boundary line of said 4.83 acre tract, 962.15 feet to a 3/8" iron pin found at the northwest corner of said 4.83 acre tract, said point being the most northerly southwest corner of said 10.05 acre tract; THENCE North 00 degrees 18 minutes 15 seconds East, with the most westerly west boundary line of said 10.05 acre tract, 600.68 feet to a lh" iron pin found at the northwest corner of said 10.05 acre tract, said point also being on the south right-of-way line of Pine Mill Road a variable width public right-of-way; THENCE North 68 degrees 35 minutes 31 seconds, East, with said south right-of-way, 234.54 feet to a point on a curve to the right whose radius bears South 72 degrees 06 minutes 40 seconds West, 482.97 feet, said point also being the northwest corner of a 1.433 acre tract of land as described in deed to Texas Power and Light Company, as re-recorded in Volume 525, Page 755 of said deed records, said point also being the most northerly northeast corner of said 10.05 acre tract; THENCE with said curve through a central angle of 17 degrees 53 minutes 20 seconds, an arc length of 150.79 feet, and whose long chord bears South 08 degrees 56 minutes 40 seconds East, 150.18 feet to a point in the west boundary line of said TP&L tract: THENCE South, with said west boundary line, 140.00 feet to a point on the southwest corner of said TP&L tract; THENCE East, 190.00 feet to a point on the southeast corner of said TP&L tract, said point being the most southerly northeast corner of said 10.05 acre tract, said point also being on the west boundary line of said 5.25 acre tract; THENCE North, with said west boundary line and the east boundary line of TP&L tract, 4.93 feet to point on the south easement line of TP&L easement 100.00 in width; THENCE North 86 degrees 19 minutes 27 seconds East, with said south easement line, 429.72 feet to a point in the east boundary line of said 8.08 acre tract and the west boundary line of Block E, Sunrise Estate Part 1, an addition to the City of Paris, according to the plat recorded in Cabinet B, Slide 242, Plat Records, Lamar County, Texas, from which a concrete monument for the northwest corner of Lot 1, said Block E, bears North 00 degrees 20 minutes 00 seconds East, 50.12 feet; THENCE South 00 degrees 20 minutes 00 seconds West, with the east boundary line of said 8.08 acre tract, 1174.51 feet to the southeast corner of said 8.08 acre tract; THENCE West 210.00 feet to the southwest corner of said 8.08 acre tract, said point being on the east boundary line of said 3.02 acre tract; THENCE South with said east boundary line, 210.00 feet to the place of beginning, and containing 27.2551 acres of land as surveyed on the ground in the month of September 1993, being number 3855 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 ofa 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 July 1, 2000. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session convened, in the Council Chambers, City Hall, Paris, Texas, on this the 8th day of June, 2000. ~~,~~~ ~~ ~ Michael J. Pfiester, Mayo ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry