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02-K&L Zoning Change 1705 Margaret St. DRAFT ORDINANCE NO. F:A TTORNEY\ORDWORK\CURRNETI 12-12-OS Zoning Ords November 30, 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) ON LOT 1 AND WEST 15' OF LOT 2, BLOCK 1 OF THE ANIT A PARK ADDITION, ON PROPERTY BELONGING TO VICTOR CHA VEZ, 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 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. r- --..... ..~...~......,.. . 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 LOT 1 AND WEST 15' OF LOT 2, BLOCK 1 OF THE ANITA PARK ADDITION, on property belonging to VICTOR CHAVEZ, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) the hereinafter described property, which was formerly and is presently designated as a MUL TIPLE- FAMIL Y DWELLING DISTRICT NO. 1 (MF-l), and that the boundaries of said NEIGHBORHOOD SERVICE DISTRICT (NS) 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 part of the G. W. Cox Survey #164, and being a lot conveyed to Monte Moore et ux by deed recorded in Vol. 663, Page 300, ofthe Deed Records of said County and State, said Moore lot being all of Lot 1 and a part of Lot 2, Block 1 of Anita Park Addition, said Addition being recorded in Vol. 101, Page 92, of said Deed Records. BEGINNING at a 1/2" capped (JMN - 4025) iron pin (s) for comer at the Southwest comer of said Lot 1, at the Southwest comer of said Block 1, and at the Southwest comer of said Moore Lot, said comer being the intersection ofthe North Boundary Line of Margaret St. with the East Boundary Line of 17th Street SE; THENCE North 0005'09" West along the East Boundary Line of said 17th Street SE a distance of 150.01 feet to a hole drilled (s) in a concrete approach at the Northwest comer of said Lot 1, at the Northwest comer of said Block 1, and at the Northwest comer of said Moore lot; THENCE South 89031'51 " East along the North Boundary Line of said Block 1 and along the South Boundary Line of Jones Alley a distance of 65.71 feet to a 1/2" capped (JMN -4025) iron pin (s) for comer at the Northeast comer of said Moore lot, said comer being the Northwest comer of a lot conveyed to Janet Renee Walker by deed recorded in Vol. 443, Page 290, ofthe Real Property records of said County and State, said comer also being in the North Boundary Line of said Lot 2; THENCE South 0025'29" East along an old post and tree line a distance of 150.02 feet to a capped (JMN-4025) nail (s) in a tree root at the Southeast comer of said Moore lot and at the Southwest comer of said Walker lot, said comer being in the South Boundary Line of said Lot 2; THENCE North 89031 '51 " West along the South Boundary Line of said Block 1 and along the North Boundary Line of said Margaret Street a distance of 66.59 feet to the place of beginning and containing 9,922.59 square feet of land, being number 1705 Margaret 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 ofthis 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 r' 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 9 COUNTY OF LAMAR 9 BEFORE ME, the undersigned authority, on this day personally appeared Victor Chavez who upon oath deposes and says: "I am Victor Chavez, whose address is 214 12th Street NEt and whose phone number is (903) 785-4358, and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 1 and W 15' of Lot 2, Block 1 of the Anita Park Addition 1705 Margaret . My interest in the above-described property is Owner, and I do request a change in zoning from Multiole-Familv Dwellino District NO.1 (MF-1) to a Neiahborhood Service District (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? 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 ~;f~rI'/9"tlO C /$/?/! Signature of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Victor Chavez day of September, 2005. on this 30th FILED: ~ ~W ary Public, State of Texas JANICE WORTHAM NOTARY PUBLIC STATE OF TEXAS My CommissIon Expires 05-12-2009 T- Bk 00026664- OR Vo1 1611 pg 60 RELEASE OF DEED OF TRUST LIEN THE STATE OF T~S } County of LAMAR } In consideration of the full and final payment of the indebtedness hereinafter described, First Federal Community Bank, the legal owner and holder of the hereinafter described note, by and through the undersigned duly authorized officer, hereby releases and discharges the Real Property described in the hereinafter referred to Deed of Trust from the Deed of Trust Lien {and Vendor's Lien, if any}, securing the hereinafter described indebtedness; Fil~d for R~cord in: Lnllnr Coun t ~ LEGAL: SEE ATTACHED EXHIBIT -A- /1705 MARGARET. PARIS. TX 75460) On: "a~ 11,2005 at 0~:~5P NOTE AND DEED OF TRUST DESCRIPTION As a Record i n!s I)ocullen t HUllber: 00026664 15.00 Alloun t : DATE: DECEMBER 9, 2003 Re':eipt HUllb~r - 19763 8~, Gretchen 8i 115 AMOUNT: $12,000,00 MAKER: VICTORIANO CHAVEZ PAYEE: FIRST FEDERAL COMMUNITY BANK TRUSTEE: RICHARD M. AM IS VOLUME: 1409, PAGE: 311, OR RECORDS, LAMAR COUNTY, TEXAS EXECUTED this the 4TH day of MAY, 2005. FIRST FEDERAL COMMUNITY BANK THE STATE OF TEXAS } COUNTY OF LAMAR } This instrument was acknowledged before me on the 4TH day of MAY, 2005 TOMMY W. lEWIS, Sr. Vice-President of First Federal Community Bank. Return to: Victoriano Chavez 214 NE 12th, Paris, TX 75460 COUNTY CLERK'S MEMO: PORTIONS OF THIS DOCUMENT AR~.N.oT REPRODUCIBLE r- E X H I BIT "A" . rw 'rnf ~ 1{5' IT\\ ?7\:tf -.~ AFFIDAvIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO~\.7fo'C !f~.~. )~: L:~lD; STATE OF TEXAS COUNTY OF LAMAR 9 9 SEP 2 6 2005 \ ... . BEFORE ME, the undersigned authority, on this day personally appeared Caroline Danaerfield , . H;........ i;... who upon oath deposes and says: "l am Caroline Danaerfield, whose address is 261 25th Street NW, and who,se phone number is (903) 784-8640, and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Part of Lot 1, Block 3 of the Pickard Addition 10207 % Street NE My interest in the above-described property is Owner, and I do request a change in zoning from One-Familv Dwellina District No.3 (SF-3) to a One-Familv Dwellina District NO.3 (SF-3) With Specific Use Permit (39) Mobile Home. "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 SWORN TO AND SUBSCRIBED BEFORE ME, by the said Caroline Danaerfield . 26th day of September, 2005. . on this T .. COUNTY OF Lamar BEFORE ME, the undersigned authority, on this day personally appeared J 0 Etta Hubbard, . Robert L. Smith, La Doris West, ~erscheL Bray, ~eon Williams, ~nnie * BA J;iigloW ~nd Herschel Bi'glow, Trustees of Mount Sinai L'odge No,. 1570 A. ~<nown to r!tl c..,,~ .We p'r,,?slfna s ) S whos~ nam.'i\, S / s'filfs'Eribed to the foregoing instrument, and acknowledged t'it me that t he y executed the same for the pUrposes and consideration therein expressed., and in the capaci GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the/4"" day of October A.D. 19 82. .'the~~~~ etated.. ~~. ~~< ~ ....... My Commission Expires: ,;t2 4'7'.( , Notary Public in and for the St~xas , SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE MEt'the undersigned authori~:"';,-:;- this day personally appeared -- known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ,day of A.D. 19 (L.B.) My Commission Expires: Notary Public in and for the State of Texas THE STATE OF TEXAS, CORPORATION ACKNOWLEDGlIlENT / COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said a corporation, and that 'he executed the same as the act of such corporation ,for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D. 19 (L,S.) My Commission Expires: Notary Public in and for the State of Texas THE STATE OF TEXAS, COUNTY OF I HEREBY CERTIFY that the foregoing instrument of writing with its certificate of authentication, was filed for record in my office on the day of ,A.D.19 at o.clock M., and was duly recorded by me on the day of A.D.19 in Vol. , page , of the Records of said County. WiTNESS MY HAND and the Seal of the County Court of said County, at my office in the day and year last above written. (L. S.) County' Clerk County, Texas .... By , Deputy. mo 651 fAC~847 T- * of the County of Lamar State of Texas for and in consideration ofthesum~--___________________________________________________________ Ten and NO/IOO($lO.OOl______________------____________________ Cash. 'and other good arid valuable consideration. DOLLARS to it in hand paid by ,.LEON. :WILL.IAMS .the r~<:Q.ipt of which is. hereby. '!-cknowledged and Conf.es,sed" as follows: (D -< , . oJ N . '1 -r- 0_: ;7J' , ~J 0;0- 0;". C."- :;:.> -t-:.. -( r,- = .-,., C) N N ,'" "q Cl Ie r.,: ':;Ii]:: ?^~; - &- -l -< ~.: v -.::;.. .: .::) .1'1 () "" ,.:.,',) Ul = have Granted, Sold and Conveyed, and by these pI:esents do Grant, Sell and Convey, unto the said LEO~ W.ILLIAMSr . herein called grantee 64.S-3rd ,'. N.E., Paris, ,Texas ,75'460 . of the Couno/ of Lamar State of T exa s tract or,parcel'of land situated in Lamar County, Texas, as fo~lows, to-wit: A part of 'the Isaiah Davis Survey and being the Wes~ 1/2 of Lot 1 in Block 3 of Pickard's Addition to the City of Paris, according to the plat of said Addition of:recprd in BOQ~ 5-2, Page 592, Lamar County Deed Re~ords. , , BEGINNING at the SW corner of said Lot 1 in Block 3, a stake at' the .intersection of the NB line of Grove Street with the E& line of 7 1/2 Street NE, formerl~ Kinzie Pickard Street, THECNE NORTH 73 feet, THENCE EAST 100 feet to ~h~ NW Corner A~dridge by deed recorded in the Deed THENCE SOUTH 73 ~eet a stake, THENCE. WEST 100 feet to the place of beginning. Being the same property described in deed from The First National Bank of Paris to Mount Sinai Lodge No., 1570, A.F.. & A.M., dated May ~7, 1959 recorded 'in Book 357, Page 613, Lamar County Deed Records. all that certain described, of a lot conveyed to RObert Records of Lama~ County, !exas; . .~. ...- ~~="...._.. ,lO~_~~;l em 651.rACE845 -~-.. ..- -". "-"~~",~Io~~"""" - "-~""::'~"''a. .:... r' i I II TO HAVE AND TO HOLD the above described premises, together with a'!l and singular the rights and appurtenances thereto in anywise belonging unto the said grantee herein, his gr antor does heirs and assigns forever and / ~QJ: hereby bind itself, .its successors and' ass.igns ]uuxSPexCll:aliocSCBmkBdmi:oismkJz::sl: to Warrant and Forever De~end, all and singular the said premises unto the said grantee herein, his heirs-and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. 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