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03-C&D Zoning Change 1335 4th St. SW DRAFT F:ALICE\ORDWORK\CURRENT\10-9.06 Zoning Ords October 2, 2006 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 ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME ON LOT 14, CITY BLOCK 171, ON PROPERTY BELONGING TO RICKEY ELLIS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A HEAVY INDUSTRIAL DISTRICT (HI); DESIGNATING THE BOUNDARIES OF THE ONE-F AMIL Y DWELLING DISTRICT NO.3 (SF -3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME SO ESTABLISHED; PROVIDING FOR A 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 ONE- F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME be, and the same is hereby, established on LOT 14, CITY BLOCK 171, on property belonging to RICKEY ELLIS, so as to include in such ONE-F AMIL Y DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME the hereinafter described property, which was formerly and is presently designated as a HEAVY INDUSTRIAL DISTRICT (HI), and that the boundaries of said ONE-F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOME 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 of the Larkin Rattan Survey, and being Lot 14, City Block 171, being more particularly described as follows: BEGINNING at a stake in the East Boundary Line of 4th Street SWat the Southwest comer of the First Tract described in deed from Conner Speairs, et al to B. G. Chandler, shown of record in Book 341, Page 202, Lamar County Deed Records; THENCE East with the South Boundary Line of said First tract described in said deed a distance of 112 feet to a stake at its Southeast comer; THENCE South a distance of 50 feet to a stake; THENCE West a distance of 112 feet to a stake in the East Boundary Line of 4th Street SW; THENCE North with said East Boundary Line a distance of 50 feet to the place of beginning. Being the same property described as Second Tract in deed from Conner Speairs, et al to B. G. Chandler, recorded in Book 341, Page 202 Lamar County Deed Records, being 1335 4th Street SW. 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 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 November 1, 2006. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 9th day of October, 2006. ATTEST: Richard Manning, Mayor Janice Ellis, City Clerk APPROVED AS TO FORM: John D. Lestock, Assistant City Attorney AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS S COUNTY OF LAMAR ~ BEFORE ME, the undersigned authority, on this day personally appeared Rickey Ellis who upon oath deposes and says: "I am Rickev Ellis whose address is 1720 W. Henderson, Paris, TX 75460, and whose phone number is (903) 785-5590 , and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 14, City Block 171 1335 4th Street SW My interest in the above-described property is Owner, and I do request a change in zoning from al HeavY Industrial District (HI) to a .One~FJmily Dwelling 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 5. HAS A COpy OF THE LAND DEED BEEN SUBMITTED? Yes Z~ C-t!L," Signature Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Rickev Ellis on this 8th day of September, 2006. '~ti. ~wv ary Public, State of Texas r-- ---.. "J'-"'.' .~~&-_& .U~''''~~.~a.w~~~._. . . --.. BtatlODelT Ooo.-DaUu-- - ---.- , i I ! i I, THE STATE OF TEXAS, t KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAlvIA~ f Ii II ,: : ! i I' That I, B. G. Chandl er , of the County of Lamar State of Texas ,for and in consideration of the sum of 'T'HREE HTlT'TDREO FIFTY AND NO/IOO ($350.00) _ _ _ _ _ _ _ cash to DOLLARS, me in hand paid by Lige Ellis & wife, 011iev Ellis, receipt acknowledged, I! i \ \ I. '\1' " ~~. , I have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the said LIGE ELLIS & WIFE, OLLIEV ELLIS of the County of Lamar , State of Texas , all that certain t:r;act )r ,:RarQFl;9.t land,(3.i~u4ited in Lamar CO\Ulty, Texas, a,part of the L:Li)l~T:Ni RATT~H ~;U:..;,:~y~ \n1:m.n the eorpo:"ate lJ.mits of the C~l:Y of Paris . nj of Cit.y AssesE'TIent Blocl~ No" 171, .ascribed as fol.LO\',s: .- BEGINlHNG'c a sta.ke in the EB line of 4th Street SWat the SW corler of the. }j'ir: TXil.('t d~lscribed in deed from Conner Speairs, et al ;,0 B. G. Cl1andler~ 3hown of record in Book 34-1, Page 202, Lamar County Daed Records. THENCE East with the SB line of said First tract described in said deed, 112 feet a stake at its SE corner; THENCE South 50 feet a stake; THENCE West 112 feet a stake in the EB line of 4th Street SW; .. " THENCE North with said EB line, 50 feet to the place of beginning. .,::;:<.' BEING the same property described as Second Tract in deed from Conner Speairs, ,eclr'al'i;o,B. G. Chandler, recorded in Book '34-1, Page 202 Lamar County Deed.' !le.cdrds'. , SAID PROPERTY. constitutes no part of my homestead. My homestead is locateQat 514- Brown Avenue in the City of Paris, Lamar County, Texas where I now reside. ~b/ i: -I i I '/ TO HAVE AND TO HOLD the above described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Lige Ellis & wife, Olliev Ellis, their heirs and assigns forever; and I do l:.ereby bind myself, my heirs, executors and admimstrators,:o Vi' a,rrs:.:t end Forever Dp.fend all and singular the said prfTnises unto ~he said Lige E~lis & wife, Olliev Ellis, their heirs 2.,1d assigns, against every persO!' whomsoever lawfuJly clai.ming, 01' to claim the same or any part thereof. Witness my hand this 5 th a'l; Paris, Texas Q Jlj-.JY1) ~~' A. D. 19 56. ~(ffi; day of : I ! I I ' I I " I roo il ---- - --. -~_~~~__... ......~., ~ _u....... ... _~...... ..: STATE OF TEXAS,~ ....UNTY OF.LMtA1L................_................~ Know All Men By These Presents: That WE, B. G. CHANDLER AND WIFE, IDA MAE CHANDLER, of the County of Lamar ,State of Texas for and in consideration of the sum of TlmEE J1UNIlREO AND NO/IOO ($300.00).. .. .. - .. .. .. - .. - .. - - - _ _ _ _ .. .. -DOLLARS, CASH i Ii r to us pwd,~~X<<~~,by X~1U~~ Lige Ellis and wife, Ollie V. Ellis, the receipt of which is hereby acknowledged, and a vendor's lien note of the said Ellis and wife, of even date, in the principal sum of $500.00, payable to B. G. Chandler and wife, Ida Mae Chandler, or order, at Paris, Texas, payable in monthly installments of $50.00 each, beginning February I, 1950, and $50.00 on the 1st day of each month thereafter until the full amount of said note is paid, bearing interest from date at the rate of 6% per annum, It interest payable and calculated monthly as part of said monthly payment. Said indebtedness is further secured by a deed of trust of grantees to J. Richard Hutchison, Trustee, for the benefit of the holder of said note, --II : i i I I, I j have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto the sWd I LIGE ELLIS ANO WIrE, OLLIE V. ELLIS of the County of Lamar , State of Texas all that certain tract or parcel of land situated in Lamar County, Texas, a part of the Larkin Hattan Survey within the corporate limits of the City of Paris and of City Assessment Block I. No. ]71, described by metes and bounds as follows, to-wit: BEGINNIl\G at the intersection of the EB line of 4th Street SW, formerly Travis Street, with the S8 line of the T & P Hailway right of way. THENCE South with the EB line of 4th Street SW, 50 feet, a stake; THENCE East 112 feet a stake in the WB line of a lot conveyed by .T. K. Bywaters to Hichey and Totten by deed recorded in the Oeed Hecords of Lamar County; TflEl\CE North with said WB line, 50 feet more or less, a stake in the SU line of the T & P Railway right of way; TIIEN:;E with said right of \"lay line in a Southwpsterly direction, 11.2 feet more or less, to the place of beginning. Reing the same property described as First Tract in the deed from C"nner Spe~irs, et aI, to B. G. Chandler, dated November 4, 1954, recorded in Vol. 341, Page 202, Lamar County Deed Records. RICKEY ELLIS 1335 4TH STREET SW OCTOBER 2, 2006 p & Z 327 <II 131'.0 - Z N -..J CD ..... P CD ___J~7~_ _ 5 .._..._------.~- ---..- ---