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.
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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
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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
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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
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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
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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:
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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;
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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.
WITNESS
its hand
ux
this 12th day of
October
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