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02-E&F Zoning Change 617 E. Houston St. DRAFT ORDINANCE NO. F:ALlCE\ORDWORK\CURRENTl12-12-05 Zoning Ords December 2, 2005 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ONP ART OF LOT 4, CITY BLOCK 29, REQUESTED BY RITA BUFORD, AGENT FOR ERIC PRITCHETT, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A MULTIPLE FAMILY DWELLING DISTRICT NO.1 (MF-l); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS 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 ofthe 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 NEIGHBORHOOD SERVICE DISTRICT (NS) be, and the same is hereby, established on PART OF LOT 4, CITY BLOCK 29, requested by RITA BUFORD, AGENT FOR ERIC PRITCHETT, OWNER, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) the hereinafter described property, which was formerly and is presently designated as a MULTIPLE F AMIL Y DWELLING DISTRICT NO.1 (MF-I), and that the boundaries of said NEIGHBORHOOD SERVICE DISTRICT (NS) be, and the same are hereby, established as follows: SITUA TED within the corporate limits ofthe City of Paris, County of Lamar, and State of Texas, being a part of Lot 4, City Block 29, and being a portion of the property described in deed to Ernest Taylor dated June 1, 1990, recorded in Book 161, Page 275, Lamar County Real Property records, being a lot 65 feet by 143 feet located at 617 East Houston Street. 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 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 ofthe 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, Assistant City Attorney T .. AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS ~ COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Rita Buford, who upon oath deposes and says: '" am Rita Buford and my address is 744 3rd Street N.W, Paris, Texas, and my phone number is (903) 784-5430, and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Part of Lot 4, City Block 29 617 E. Houston Street . liMy interest in the above described property is Agent for Owner and I do request a change in zoning from Multiple Family Dwelling District NO.1 (MF-1) to Neighborhood Service (NS). "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? NO 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? NO 5. HAS A COPY OF THE LAND DEED BEEN SWORN TO AND SUBSCRIBED BEFORE ME, by the said Rita Buford this 7th day of November, 2005. FILED: of'to e JMiiCf Ll.uF . . ,K' r,\RY PUBUC .1 SlATE Of T::XA~; t :,:.. 1#/ C(lllt....~.1il1Ii f~"(1:1 ,'l-:j()-;1;.iiJ8 f.J1;;:!~;~~J)r~;~::~~..zn:'2;:];.,":~j" Janice Ellis, City Clerk T .. .' Statutory Durable Power of Attorney Form "',(lGOB7 Page I of3 . (){ "i 'n <; lA~ THE TExAs P"OB..\. Tr;:~~B SITE J WWW .TE?CA$PROJ3~:r..~~c;o~. I>. ,,---. J. AI> .. " '" "r'4 ". r-';' . 1Mt.l~ This form is intended for use by licensed Texas attorneys only. Use at your own risk. No attorney- client relationship is established. See" About This Site" for warranty and copyright information and for disclaimers about nonlawyers using this site. STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF A TIORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. BJ2,.lt.IttYfI'),.,.,q I, tit.lt. fILrrcHt:tr} .:lblm ec,.,.M.~f,.J€RL77I Av~. 11'1'111 , (insert your name and address), appoint tmt HuFtntJ) (, /0 Lj=1t:1J S'~d 5.1:. , PIl1!...,S I T)( (insert the name and address of the pdrson appointed) as my agent (attorney-in-fact) to act for me in any lawful way with respect to all of the following powers except for a power that I have crossed out below. TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER WITHHELD. Real property transactions; Tangible personal property transactions; -- ~tee]( EHul bend. traFlsaetiol'iJ; . --- C<51lUIlud~ty aHa optiOl~ trMlSae,tiO!lb, Banking and other financial institution transactions; ~ .-..: ,'.:., . t::> Business operating transactions; . .... ':...') ;-'1 "v r.,) c.:., ....... IpSlIT:mt'e and a:r..n1:lity 1:1 ClJl:>Cldiuns; Estate, trost, EmS other tJ8Re:f.ieiary trtl:nbCl...L~on5, I' f . -! ! .':.' < -. ~~ '. ~'':l - .' ~.") Claims and litigation; -.; /', ".) -.J Personal and family maintenance; RP 111 et4GE0161 http://www.texasprobate.comlformslpoa.htm 9/17/2001 T .. . ' Statutory Durable Power of Attorney Fonn loo~1 Page 2 of3 ~~~3 :m..social security, Merli~~rp. Medicaid, er oM1\..j ~uvl;;nunt:mal programs or C1VlI or mtlil(11)' S::PM'lt;:e, - RetifElm.'-llt ylcul hM3aetieR!, Tax matters. IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY AGENT (ATTORNEY IN FACT) SHALL HAVE THE POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT. SPECIAL INSTRUCTIONS: Special instructions applicable to gifts (initial in front of the following sentence to have it apply): I grant my agent (attorney in fact) the power to apply my property to make gifts, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift. . ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT. P~1 ~ ir"-.J.~d~J -h ,"",c.lKdL. Y"'\Jf.e.,.,.J YG.1d'-r f" #...- I~~, seJ~ t ~nL,' D;,p.#~IrY<--/ ~1A.{,ktf ~"~,/$' ~)~'Q-I-o ,.....V't..s~ / vv......fJ ~e..,..t,'t:.1 ,'lIO. L~n,..>v- C~~v, Tx UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATEL Y AND WILL CONTINUE UNTIL IT IS REVOKED. CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN: (A) This power of attorney is not affected by my subsequent disability or incapacity. ~) This ~bccomc;s cffceth'e upcm my Eli!:3bility or ;"('~p~('ity._ YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED. IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A). If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to http://www.texasprobate.com/formslpoa.htm RP 1116fAGE0162 9/17/2001 -r- .. Statutory Durable Power of Attorney Form . Page 3 of3 0.1 ()6'087 another person for purposes of this power of attorney, A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity. I agree that any third party who receives a copy of this document may act under it. Revocation of the durable power of attorney is not effective as to a third party until the third party receives actual notice of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I name the following (each to act alone and successively, in the order named) as successor(s) to that agent: B:tl 'BlA.~d.. Signed this ~ day of 5 erk.-.,,*Y"", ~. ;;2.. t7't> I State of ~1If/(i vt~){.{r; - r-- County of <- ~-??J~~ / 0 (your signature) This ent,was ackI)owledged before me on v (name ofprinci al). '\C0 [(date) by (Seal, if any, of notary) {;-7ruf M. ('tv\Z" Mil TON' - Hi..., J)..)iV0c.; ('/1 (printed name) /, My commission expires: Jja, "tJ, 01, ju)~ THE AITORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. ~e-\v\1("y\ 10', ~.; -\c\ 1.0 I 0 ~ ,4h PC-YiS, f..,... ~ r~IVo\ 5-\,. SE 'I S-LtL,~p 111 G ilAlif 0163 http://www.texasprobate.com/forms/poa.htrn 9/17/2001 -r- 1. . WARRANTY DEED (with Vendor's Lien) 014715UG THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) ....:n~088 KNOW ALL MEN BY THESE PRESENTS: THA T I, ERNEST TAYLOR (herein called "grantor"), of the County of Lamar, State of Texas, for and in consideration of the sum ofTen ($10.00) and more Dollars cash to me in hand paid by ERIC J. PRITCHETT, receipt of which is hereby acknowledged; and (a) Twenty-six thousand four hundred and no/100 ($26,400.00) Dollars paid by PHH MORTGAGE SERVICES, Mount Laurel, New Jersey, for the grantee herein at his special instance and request, which sum of $26,400.00 is evidenced by vendor's lien note executed by grantee herein, payable to PHH MORTGAGE SERVICES as therein provided, secured by the vendor's lien herein retained covering the First Tract herein described and additionally secured by deed of trust to Burke, Wilson, Castle, Daffin & Frappier, Trustee, for the benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and assigned to PHH MORTGAGE SERVICES, Mount Laurel, New Jersey, and it is subrogated to all the rights thereto as if it were the original grantor herein; and (b) Twenty-nine thousand six hundred and no/lOO ($29,600.00) Dollars paid by PHB MORTGAGE SERVICES, Mount Laurel, New Jersey, for the grantee herein at his special instance and request, which sum of$29,600.00 is evidenced by vendor's lien note executed by grantee herein, payable to PHH MORTGAGE SERVICES as therein provided, secured by the vendor's lien herein retained covering the Second Tract herein described and additionally secured by deed of trust to Burke, Wilson, Castle, Daffin & Frappier, Trustee, for the benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and assigned to PHB MORTGAGE SERVICES, Mount Laurel, New Jersey, and it is subrogated to all the rights thereto as if it were the original grantor herein; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto ERIC J. PRITCHETT (herein called "grantee"), of the County of Lamar, State of Texas, where his mailing address is C, 10 S e. Lt ') '-1-1-. I pC! y; $, Iy. '/ S; '-I (... ~ , all those certain tracts or parcels ofland in Lamar County, Texas described as follows: Two (2) tracts ofland within the corporate limits of the City of Paris, in City Block No. 29, and being a portion of the property described in deed to Ernest Taylor dated June I, 1990, of record in Book] 6 I, Page 275, Lamar County Real Property Records; more particularly des~bed in Exhibit "A" attached hereto and made a part hereoffor all necessary purposes. ,.: ,.,:- ::: ; I." . ~ ., '. -1- !'.,., (...', -", - - , Rl' 1 1 1 6PAoe0164 " '. r: .: ", ~., ....1' ... .~ . ., :-'..') - .. -... ' .. ... T -. ftJOf 9 TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto ERIC J. PRITCHETT, his heirs or assigns forever; and grantor hereby binds himself, his heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the within described property and premises unto ERIC J. PRITCHETT, his heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as aforesaid against the within described property, premises and improvements until the above described note, and all interest thereon, are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute. ~s- WITNESS my hand this 11 th day of September, 200 I; EFFECTIVE September 19, 200]. ~r, J~ ERNEST TAYLOR THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the ~ day of September, 2001, by ERNEST TAYLOR. /~,.. [) ~0 ^-c~ ~~ Notary Public, State of Texas AFTER RECORDING RETURN TQ: Mr. Eric J. Pritchett ~ 10 ~F.ln'tJ.., (\'(\'$1 I).. IS~(,~ -2- RP 1116p4GE0165 '-~--_.. T- ~ FIRST TRACT: Part of Lot 4, beillg a lot 65 fee t:. Strl !et i~ Paris, Lamar Block 29'~o the City of Paris, Texas, x 143 feet located at 617 East Houston. County, TE~xas. ..,SECOND TRACT: - Lots 16-18, Bl:ock 29 to th~~ City of Paris, Texas, bein<; 65 ~eet x 140 feet located at 605 East Houston Street, Paris, Lamlr County, Texas. FIRST & SECOND In Lamar Str~et; BEGINNING at the interse.::tion of Houston and North. Birningharn Streets (6th N. E.)l THENCE East with the North Boundary line of Housto~ Str~et 128 feet a stakel I THENCE North 142 feet the South Boundary line of a lot own~d by Mrs. Palmer; THENCE West with the said sa line 128 feet to Birmingham Street (6th N. E.); THENCE South with the East aoundary line of Birmingham Street 142 feet more or less to the place of beginning.) Tracts are fur:.her described as follows: County, Texas, on the North side of Bousto~ COUNlY CLERK'S MEMO: PORTIONS OF THIS DOCUMENT ARE NOT REPRODUCIBLE WHEN RECORDED ftp 111 6 tnGEO 1 G 6 EXHIBIT A T- J ;:) ~ o CO 00 1 . i. . ~ ,.: 36 /40' 5 /{;,: ,. 16. (\I G) - Q .. . ~ us '.. 13 o v. 7 b o C\I 6-A 60' S"~7 JS 5'f'8 .0' 50/ 3 4 5 6 ;K NO. 28 10 9 '8 7 '..(' 65' 50' 50' ~'H-f5 5" S75 "usn,.;} S'70 66' 90' 3 Co 5 Q <D 4 - C\J Co 7 0 :}t.$.'e : '.. ~j?~5 .-./ S'.' :4 5 ,'.: . ..1 .7 If) ., '.. ..,. _. .' ~ o .. ..H~ ,12 It 110 ... 'It .' "'!'" .1 :::~.'4'. " .. ...... .. ..~, 6... A . ':;..~'. ..>~;..;~.~I. .. . ~'( ~i:. ;;.,:,"~,"'lj" .<>~. < ,.:':;'~l.; ....:~: /: . .'> . '., . 65 .' . ~:.s:'. ,'.6S .~~:: ~!.~~f'~;2;/:'~~~'<~-:f;.~: :i~~:~' ~~1_~:t2CL I I ., .;..~. 75' . 67.5 .;'. :"lds'. :;..' .~~.. ~~. ~ . ': ',.".., .:,.- '.~' . . . . ~: J:. .;,. :...;_:: '~.:. ':. _... ., . .' ". --'~;1.~._"""_':''1'._.. --t;;~;:__ ~- .- -84-.~. f.:.~..: eel.. oj. . '.'.~. 'S.'" . -~.w, . ..' <;W;, . ..~.' .v~:'.. I . . ~. I I i 'i '. s; -~ .... ...~l. .~ ..' Jq 66' /03' Sl./ .555 S30 ,5". 105' 1/ 5' , v...J 2 I'. ~ ~ 90' S5S; i,.' ;..'-; .+(: :~;.:f(JF.~~t. ...~~: .. .~.-' .:---;; .; ." .:;."'.:/;<;i 10/~:;.;:::;:':, ~/ ::.:'~i:.~~,:.;_. '.~':~ '.' .. ::32;0. ~, ...... ,-...t. I! . i H ~--':'~:;?"'~7- :',\,. . ,.:...(\. 3 -OCK 84' ~ 107 .' s-. ...' .IO'-A. . ..., .. N (1) 4 in f'i Q) ,. .. ;,:~.'::';;i;.:, ;'.:i: :.... " .',' .N......O. ...:.'.; . ~" .' t.o;' ".. . ....j.:". r. .:. '..\ .' '" . \'. .1''', . ~ .:.1 ..:i .: ..: .:r:.:~ .' . .~ ...... 140' Us ISO' Slit ;' ".;, ,It. - , ) S'o 125' ;,. .' :: q;.::' .':.'. . ..~~i:..~'::f"-~~~...: ....;~ ~_' .......,..;.. t.o...:.... :. ~. -. .,; .0 )~/.:{.t: i' '.-' . 'to :,' . . :, . ,...."", t ,S'1~.LP: -. -:...i'z.a" . r-