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02-A&B Zoning Change 3235 NE Loop 286 DRAFT F:ALICE\ORDWORK\CURRENTl12-12-OS #2 Zoning Ords December 2, 2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, 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) ON LOT 4, BLOCK 318 OF EAST PARK CENTER, REQUESTED BY DENNIS CHALAIRE, AGENT FOR GERALD BA WCUM, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FORA PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. 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 State 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 to 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 .T- ....i COMMERCIAL DISTRICT (C) be, and the same is hereby, established on LOT 4, BLOCK 318 OF EAST PARK CENTER, requested by DENNIS CHALAIRE, AGENT FOR GERALD BA WCUM, OWNER, so as to include in such COMMERCIAL DISTRICT (C) the hereinafter described property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the boundaries of said COMMERCIAL DISTRICT (C) 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 part ofthe Joseph Leach Survey #524, and being a part of Tract #4, a called 19 acre tract of land conveyed to Bruce Ray by deed recorded in Vol. 260, Page 84, ofthe Deed Records of said County and State, said 19 acre tract being conveyed to Ruben Burnett, and being more particularly described as follows: BEGINNING at a nail (f) for comer at a comer post at the Southerly Southeast comer of said 19 acre tract, said comer being the Southwest comer of Lot D, Paris Business Park as recorded in Envelope 351-A of the Plat Records of said County and State, said comer being the Northwest comer of a called 1.1285 acre tract of land conveyed to Matthew Bawcum and Glen Bawcum by deed recorded in Vol. 973, Page 118 of the Real Property Records of said County and State, said comer also being the Northeast comer of Lot 4, East Park Center as recorded in Vol. 295-A of said Plat Records, said Lot 4 being the combination of Lot 4, East Park Center as recorded in Envelope 292-B and Lot 5, East Park Center as recorded in Envelope 292-C of said Plat Records; THENCE along the Southerly South boundary Line of said Ray 19 acre tract as follows: South 88042'14" West a distance of253.21 feet to a 3/8" iron pin (f) at the Northwest comer of Lot 4 of said East Park Center as recorded in Envelope 295- A and at the Northeast comer of Lot 3 of East Park Center as recorded in Envelope 292-B of said Plat Records; North 89030'50" West a distance of 146.79 feet to a 3/8" iron pin (f) for comer at the Northwest comer of said Lot 3, said iron pin being in the East Boundary Line of Lot 2 of said East Park Center as recorded in Envelope 311- B of said Plat Records; THENCE North 28055'58" East a distance of98.67 feet to a 1/2" iron pin (f) for comer at the Northeast comer of said Lot 2 and an el comer of the remaining part of said Ray 19 acre tract; THENCE South 88036'23" East a distance of 356.69 feet to a 1/2" capped (JMN -4025) iron pin (s) for comer in the Southerly East Boundary Line of said Ray 19 acre tract and in the West Boundary Line of said Lot D of said Paris Business Park; THENCE South 2041'58" West a distance of 71.53 feet to the place of beginning and containing 0.692 acres of land, being number 3235 Loop 286 NE. 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. T- ". "n'.'.'. '_,_".u ., OM_"T. Section 4. That any person violating any of the provisions of this ordinance shall be guilty of a 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 January 1, 2006. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 12th day of December, 2005. Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Asstistant City Attorney -,...._~.- AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS 9 COUNTY OF LAMAR 9 BEFORE ME, the undersigned authority, on this day personally appeared Dennis Chalaire who upon oath deposes and says: "I am Dennis Chalaire whose address is 441 12th Street SE, and whose phone number is (903) 784-1454, and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 4 of the East Park Center 3235 Loop 286 NE My interest in the above-described property is Aaent for Owner, and I do request a change in zoning from an Aaricultural District (A) to a Commercial District (C). "In support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? YES 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES 5. HAS A COpy OF THE LAND DEED BEEN SUBMITTED? YES ~~~ Signature of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Dennis Chalaire on this 2nd day of November, 2005. FILED:01{)\~.~ ;)005 ~crf'~ Q LQ2~ lLV~ ary Public, State of Texas JANIOE WORTHAM NOTARY PUBLIC STATE OF TEXAS My Commission Expires 05-12-2009 ~,!. - "" . \ --:-- :___m,=____ ___ ..-P-----~~----.__ "__o_._..~ . I. WARRANTY DEEQ 02-57tn THESTATEOFTEXAS ) ) COUNTY OF LAMAR . ) KNOW ALL MEN BY THESE PRESENTS: . n01681 THAT WE. REUBIN BURNEn Ind wlf'e, VIRGINIA BURNEn (hereincallcd "srantorsj, of the CountY of Lamar, State of Texas, for and in consideration of the sum ofTen ($10.00) and more Dollars cash to us in hand paid by GERALD G. BA WCUM Ind wife, JUDITII A. BA WCUM, receipt of which in full is hereby acknowledged: have Granted, Sold and Conveyed, and by these presents do Grant. Sell and Convey unto GERALD G. BA WCUM Ind wlf'e, JUDITH A. BA WCUM (hCrein called "granteeS"), of the County ofLamar.StateorTexas,wheretheirmailingaddn::ssisJ~35 Nt.4t:l'l/(, fL,.. -,;. ?..:i<ltD , all that certain tract or parcel of land in Lamar County, Texas described as follows: A tract of 0.692 acre orland within the corporate limits of the City of Paris, a part of the JOSEPH LEACH SURVEY, Abst. No. 524. and being part ofa called 19-acre tract ofland conveyed to BJUCe Ray . by deed of record in Book 260, Page 84, Lamar County Deed ReCords; more particularly described in . Exhibit "A" attached hereto and made a part hereof for all necessary purposes, being the plat and field notes of a survey made by J. M. Nelson, Registered Professional Land Surveyor, on January 7, 2002. The conveyance evidenced by this deed is made subject to the following, to the extent each affects the within described property or any part thereof: . I. Easements from Bruce Ray to the State of Texas, dated October 30, 1959, of record in Book 363, Pages 266 and 268, and in Book 361, Pages 535 and 545, Lamar County Deed Records. 2. Easement from Bruce Ray to Texas Power & Light Co:, dated April 15, 1960, of record in Book 363, Page 442, Lamar County Dced Records. 3. Easement. from Sam Payne to Lone Star Gas Co., dated August 22, 1929, of record in Book 225, Page 296, Lamar County Dced Records. TO HAVE AND TO HOLD the within described premises, together with all and singular the . rights and appurtenances thereto in anywise belonging unto GERALD G. BAWCUM and wlCe, .nID1TH A. BA WCUM, their heirs or assigns forever, and grantors hereby bind themselves. their heirs, R p 11 6 9 PAGE 026 6 '. ~------ .1. . . ! , i , I ~ ~'i> .1 j I f ,P" 7'_.~ ,~ < . ~^ . ..\ , i } i:, !~. , -_._-----~'--- ~ ----~--'~- executors, administrators, personal representatives, successors and assigns, to Warrant and Forever /~S'/ Defend, all and singular the said premises unto GERALD G. BA WCUM aDd wife, JUDITH A. SA WCUM, their heirs ~ assigns, aSainst every person whomsoever lawfully claiming or to claim the same, or any part thereof. WITNESS our hands this I st day of March,'2002. ". ~~~L:,/9 ~~_.. r ~r ~~ BURNETI' . ~kit~" ) b~Mjt VIRG BURNE THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrument ~ ackno;"ledged befo~ me on the.l3!:... day of March, 2002. by REUBIN. BURNETT and wife, VIRGINIA BURNEIT. e' N. ANNE HUTTO Notary Public. Stile 01 T_ My Comm. Up. 4-13-04 AFfER RECORDING RETIJRN TO' Mr. &. MIs. Gerald G. Bawcum 3~ 7f,,,,JJ G -r;. t-I;!;~ to T .. j , , . co 0 .-' -< N -:? I <"', ; C>~ . :t... . f'1 ! C:':I. ~ .~o -.' - , ,"" -c ...- :)0 C"::; ~ -=:::o :l .-- r'. _.-...~ :t) r- -<M " ,..,~ C2 .<n c:: z:, . 0 -f ~'- ,.., -<:;:0 -< \D l'T1a x RP 1169PAGE0267 . i! I I. ,. 'I"'.' ; ::'.','~,.'", .:'., r\:~ ,~ i:. , , , , l'" j ,-~"'.- "" ., I' c:I -@- 5. ~ ." !- ---.- ---...-... -.......- - /~r;1 ;; .~ (") ~ .1; al Ii: 0 f' n 1':' ", ; !:::! GO CD .. 2 ~. .:~ \l' III XF i i to Jq, .. ?",~.f g F <;~ V.ll',' i~ Q,1'lo $.... · .<<.. · ",' s. ~ .r~.f ~"lS" 'S · , ~" ~, ;" , I '~, R.,.,..."" a-w.gz c... . EXHIBIT "A" tar line ef Lo --: Page 1 . f op H.y. 2es NW Df . 0 2 Pagea _ I/".lnet & RP 1169 ;G;o2'1i8" .: T .. .~ r I ~, '2: . ., .. "r ...__!L--. .:...:...... , '. o' - ". " . .--.-.--.-- ----f Jl Nelson Surve}:ing Company 920 I~orth Main :;trel,t Paris, Texas 75460 903.785-3551 fax 903-785.339~ .-mall jimn@S1argate,1stametcom ,lim Nullon, owner . . J. M. NeIlan, R~lstered Frofu!'onaJ Land SUNeyor of Tu.u. "'02S nw..."".. rw:ll.. ....!Of\,PW 0flIy-' ,......,. or,...,.,....' c.tnf'lecI !, S\,lf\ole'J"lIf............ ............tfty...1f'IcabOA or~...ClOClOK C8311-jll7 D1oIc-432 no "..~1Qt Jl..:t\ lt524 ::IELtl...tiQm S"ualed within the Corpora:e Limits of Ihl Cil} of Paris, County of Lamar, and Slale of Texas. a part of Ihe Joseph Leach :;ulVey .;24, and bein, a pat of tract #4, a called 19 acre trad of land conveyed to Bruce Ray by deed recordl!l! In Vol. 260, Page .'4, of Ihe Deed Records of said County and Stale; said 19 acre tract being conveyed I) Ruben Bumelt. . Beginning al a nall (I) for <<:omer al a corner ,.>st at the Southerly Southeast comer of said 19 acre tnlet, said comer being the Soulhwest com3r of 101 D, Paris Business Parll as recorded in Envelope 351-A of the Plat Records of !.ald Counly and Sla:e. said comer being the Northwest comer of a called . 1.1285 acre lrad of land convl.yed 10 Matthew Ba/'cum and Glen Bawcum by deed recorded In Vol. 973, Page 118, of Ihe Reai Propert( Records of said C',lunty and stale, said comer also being Ihe Northeast comer 01101 <4, Easl Parll Car ter as recorde~ In Vol. 29S-A, 01. said Pial Records, said 101 <4 being the combination of 101 4, East Palk Center as recordEd in Envelope 292.B, and lot 5, East Parll Center as recorded in Envelo,pe 292.c., 01 said Plat Records . Thence along the Southe1y South Boundar, Line of said Ray 19 acre tract as follows: South 880<42'14' West a dislJnce 01 :!53.21 l!lello lie' In.n pin (I) 8tthe Northwest corner of 101 <4 of said East Parll Cenler as recorced In Ervelope 29S.A Ind :1: the Northeast (:9mer of 101 3 of east Parll Center as recorded In Envelope 292-B 01 said Pl'lIt Rec:ord!; North 89030'50' West a distance 01 1<48.79 feel to. 318' Iron pin (f) lor cor~er atth!Northwest cc'mer ,>1 said lot 3, said Iron pin being In the East Boundary Une of 1012 of said Ellsl Parlll~enter as recorded il) Envelope 311.B of said Pial Records; .Thence North 280!oS'S80 EESt a dlstence 11198,.\7 leelto a W Iron pin (I) for comer at the Northeast comer of said 101 2 a",1 an el c >mer of the rernalnir g part 01 said Ray 19 acre tract; Thence South 880:\6'23' East a distance 'If 35L69 leetlo a %0 capped (JMN . 402S) Iron pin (s) for comer In lhe Southerlf East B~undary Une c.f sale Ray 19 acre lractand In the West Boundary Une of said 101 0 of said Pam: Busine:;s Parle.: Thence South 20401'58" West a dIstance cf 7U 3 feet to the place of beginning and containing 0.692 acryls of land, I, J.M. Nelson. RegIstered Professional Land SUlVeyor of Taxas, #4025, certiff 10 Ruben Burnell. Matthew Bawcum. and Glen 13awcum, Ihat .:I1e lIbove depleted and desa1be!ltrad.of land was lakan from an actual survey made 0' the ground and cemplete<! by ma on the1th day of January, 2002, that the Improvemenls shllwnthelllon are correct, that there doesn't appear to be any visible easements or encroachments other than tho 18 shown therl!On,lnd that this tract of land does appear 10 lie In a flood zone as Indicaled by Commun ty Panel No. 4S0<42; 0002 B of the Flood Insurance R~te Maps, "::::;-:..# ..A.I ~ z:.'~"i- J.M. Nelsof', RPLS of Tew, #4025 data COUNTY CLEl;IK'S MEM~ PORTIONS OF THIS DOCUMENT ARE NOT REPRODUCIBLE . EXHIBIT "A" - Page 2 of 2 rag.. WHEN RECORDED R P 116 9 PAGE 0 269 .... T .. 1)f)16S1 r r I, I: I: ! I, t! f r I I H" _.~_L. H'r ,. .' i I , . I fir i @TOYOTA Toyota of Paris 3235 N. E. Loop 286 Paris, TX 75460 (903) 784-8989 October 28, 2005 To Whom It May Concern: I hereby grant Dennis Chalaire the authority to act on my behalf in the matter of a request for a change of zoning (from Ag to Commercial) of that certain tract of land conveyed to me by deed recorded in V olume 1169, Page 266 of the Lamar County Real Property Records. ft~~c/xf ~atV~ Gerald Bawcum T .- T