03 P&Z Minutes and Report
REGULAR MEETING
PLANNING AND ZONING COMMISSION
CITY OF PARIS - CITY HALL
COUNCIL CHAMBERS
107 E. KAUFMAN STREET
PARIS~ TEXAS
MONDA Y~ MARCH 5~ 2007
5:30 O'CLOCK P.M.
CITIZENS NEEDING SPECIAL ACCOMMODA TIONS DUE TO DISABILITIES SHOULD
GIVE NOTICE TO THE CITY FORTY-EIGHT (48) HOURS IN ADVANCE BY CALLING
(903) 784-9234 OR (903) 784-6688.
AGENDA
1. Call meeting to order and roll call.
2. Approval of minutes from previous meetings. (February 5, 2007)
3. Public Hearing to consider the petition of Shirley Posey for a change in zoning
from an Agricultural District (A) to a One-Family Dwelling District No.3 (SF-3)
With Specific Use Permit (39) Mobile Home on Lot 13-F, City Block 324, being
located in the 3400 block of Old Tiger Town Road.
4. Consideration of and action on the petition of Shirley Posey for a change in
zoning from an Agricultural District (A) to a One-Family Dwelling District No.
3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 13-F, CityBlock
324, being located in the 3400 block of Old Tiger Town Road.
5. Public Hearing to consider the petition of Alan Whitley for a change in zoning
from an Agricultural District (A) to a Commercial District (C) on Lot 2, City
Block 401, being number 6245 Clarksville Road.
6. Consideration of and action on the petition of Alan Whitley for a change in
zoning from an Agricultural District (A) to a Commercial District (C) on Lot 2,
City Block 401, being number 6245 Clarksville Road.
7. Public Hearing to consider the petition of John Bell for a change in zoning
from a Two Family Dwelling District (2F) to a Parking District (P) on Lot 1, City
Block 143, being numbers 525 and 527 8th Street S.E.
8. Consideration of and action on the petition of John Bell for a change in zoning
from a Two Family Dwelling District (2F) to a Parking District (P) on Lot 1, City
Block 143, being numbers 525 and 527 8th Street S.E.
. - '1"
9. Public Hearing to consider the petition of G. W. McWaters for a change in
zoning from an Agricultural District (A) to a One-Family Dwelling District (SF-
2) on Lots 1, 2, 3, and 4, ~ Block A, and Lots 1, 2, 3, and 4, ~Block B,
being located in the 4400 block of Bonham Street.
10. Consideration of and action on the petition of G. W. McWaters for a change
in zoning from an Agricultural District (A) to a One-Family Dwelling District
(SF-2) on Lots 1, 2, 3, and 4, ~ Block A, and Lots 1, 2, 3, and 4, ettv Block
B.... being located in the 4400 block of Bonham Street.
l fA..t..e~t?L-L' p~ PitLSe- 1-
11. Consideration of and action on the Site Plan of Coplin Square, Lot 1,'~
Block A, being number 3070 Lamar Avenue.
12. Consideration of and action on the Final Plat of Meadow Park Addition, Phase
IV.
13. Consideration of and action on the Revised Master Plat of The Hills
Subdivision.
14. Consideration of and action on the Preliminary Plat of The Hills Subdivision,
Phase V.
15. Adjournment.
POSTED: TUESDAY, FEBRUARY 27, 2007. AT4~()()..p .M., CITY HALL ANNEX
BULLETIN BOARD
BY:crt~Q (Q04f"
WITNESS: ' '\~)~ ~~Cl <.::~:=:::~~r~.t
MINUTES
REGULAR MEETING
PLANNING AND ZONING COMMISSION
CITY OF PARIS - CITY HALL
COUNCIL CHAMBERS
107 E. KAUFMAN STREET
PARIS, TEXAS
MONDAY, FEBRUARY 5,2007
5:30 O'CLOCK P.M.
1. The regular meeting of the Planning and Zoning Commission on Monday,
February 5,2007, was called to order at 5:30 p.m. by Chairman Reeves Hayter.
A. The following members were present:
Reeves Hayter, Chairman
Marshall Kent, Vice-Chairman
Bobby Myers
Barbara Forrest
Richard Hunt
Brad Archer
B. The following members were absent:
Fran Neeley
Darin Manning
Benny Plata
C. Lisa Wright, Community Development Director, was also present.
2. Approval of minutes from previous meetings. Motion to approve the minutes
of the January 2, 2007, meeting was made by Brad Archer, seconded by
Marshall Kent. Motion carried 6-0.
3. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Coplin
Square, being number 3070 Lamar A venue. Motion was made was made by
Brad Archer, seconded by Richard Hunt, to approve the plat subject to the City
Engineer's recommendation. Motion carried 6-0.
4. Consideration of and action on the Preliminary Plat of The Hills Subdivision,
Phase V. Motion was made was made by Brad Archer, seconded by Richard
Hunt, to deny the plat. Motion carried 6-0.
5. Consideration of and action on the Revised Master Plat of The Hills
Subdivision. Motion was made was made by Brad Archer, seconded by
Barbara Forrest, to deny the plat. Motion carried 6-0.
r
6. Consideration of and action on the Preliminary Plat of Lot 1, Block A, Starview
Addition (City Block 259). Motion was made was made by Brad Archer,
seconded by Marshall Kent, to approve the plat subject to the City Engineer's
recommendation. Motion carried 6-0.
7. Consideration of and action on the Final Plat of Lot 1, Block A, Starview
Addition (City Block 259). Motion was made was made by Brad Archer,
seconded by Marshall Kent, to approve the plat subject to the City Engineer's
recommendation. Motion carried 6-0.
8. Consideration of and action on the Final Plat of Lot 1, Block 1, Lamar
Properties. Motion was made was made by Brad Archer, seconded by
Marshall Kent, to approve the plat subject to the City Engineer's
recommendation. Motion carried 6-0.
9. The meeting adjourned at 6:05 p.m.
APPROVED THIS 5TH DAY OF MARCH, 2007
Reeves Hayter, Chairman
MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members ofthe City Council
FROM: Lisa A. Wright, Director of Community Development
SUBJECT: Zoning Change Requests
DATE: February 22,2007
The following zoning change requests will be presented at the March 5,2007, meeting ofthe
Planning and Zoning Commission and the March 12,2007, meeting ofthe City Council of the City
of Paris for consideration:
1. Shirley Posey is requesting that the property located on Lot 13-F, City Block 324, being
located in the 3400 block of Tiger Town Road, be rezoned from an Agriculture District (A)
to a One-Family Dwelling District (SF-3) with Special Use Permit (39) Mobile Home. The
Comprehensive Plan recommends that this property be zoned Agricultural.
2. Alan Whitley is requesting that the property located on Lot 2, City Block 401, being number
6245 Clarksville Road, be rezoned from an Agricultural District (A) to a Commercial
District (C). The Comprehensive Plan recommends that this property be zoned
Retail/Commercial and Industrial.
3. John Bell is requesting that the property located on Lot 1, City Block 143, being numbers
525 and 527 8th Street S.E., be rezoned from a Two Family Dwelling District (2F) to a
Parking District (P). The Comprehensive Plan recommends that this property be zoned
Moderate Density Residential.
4. G. W. McWaters is requesting that the property located on Lots 1,2,3, and 4, City Block A,
and Lots 1,2,3, and 4, City Block B, being located in the 4400 block of Bonham Street, be
rezoned from an Agricultural District (A) to a One-Family Dwelling District (SF-2). The
Comprehensive Plan recommends that this property be zoned Moderate Density Residential.
cc: City Attorney's Office
..T ~- -. .._.
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 . Paris, Texas 75461 . 903-784-9234
APPLICATION FOR ZONING CHANGE
For Office Use Only Request Number: '2001-0')1
Date Rcvd: I b..~ /0 (:I Mtg Date:
TYPE OF ACTION REQUESTED:
o Zoning Change
ct Specific Use Permit
o Planned Development
PROPERTY INFORMATION:
3Lf'f'n
IJJd
7/1 e( /d t.J fl f2rJ
r_iht 0 {{JQn'~
:?oJ'/5J ,Tft.
Address:
Name of Business or Building (if applicable):
Lot 13 ~ F- Block 3;L~ Subdivision
Current Zoning: Aq rl{,/, Jtl.1fG
What is the proposed use of the property?
Proposed Zoning: R e-S ; c1. e.rd'u..Q (S~~~~~ fjfo~fZ'1bY
e.-, ( .:"~ t)r')'~:" "'hl'"\ l i' "\ I A \j
R. {>,Si ck exJ; ~
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Describe the character and/or nature of uses of surrounding property.
Will the re-zoned designation be compatible with the classification and use of adjoining lands? ~ / No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? y~ / No
If No, why are you requesting a change in the permitting uses?
OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the property, a copy of
the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name: S ~ r'( l fu, Po 5, 'f!J.1
Applicant's Address: 51 if (j( :SSq ~() A-f'+-h.w.. ~ l T~ _ Phone: q 03 7 3~1.) $I /q
Property Owner's Name: )0 VI n A- , Lt)()JIYla(' k
---
Property Owner's Address: 15 'l. tt w 1( <l. u + rl'% f) ~o. ( i ~ Phone: ~ 0 3 7 8Lf :L J..,to 7
.....................................................................................................
REQUIRED SUBMITTALS (check those items which are included):
o Completed application signed by the owner/applicant
o Copy of a deed with metes and bounds
o Permission letter from owner
o Copy of contract to purchase the property
If Planned Development requested, include also:
o Four (4) copies of a preliminary site plan
I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly authorized agent.
Signed: ,~~ n 1\. it. ~. PO-<2.L\ Address ') 1'1: O. ?j'<&_O ru-tfu:-rc,JaTY b--;jl/
PrintNa~.I ~ {)IO':;~~ Phone Number: '10.__i..llfR 10;
Date: I ~ C.i /O,,;z I . Fax Number:
KeGeIVed t' , '
SWORN TO AND SUBSCRIBED BEFORE ME this 11'1\ day of ,202!L.
JAN 0 9 2007
FILED:
CitY. of Paris
CIty Clerk
JANICE WORTHAM
NOTARY PUBLIC
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EXHIBIT A
G:t
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
02-13-06
........""'-'-"
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Seller and Buyer amend the contract as follows: (check each applicable box)
o (1) The Sales Price in Paragraph 3 of the contract is:
A. Cash portion of Sales Price payable by Buyer at closing ............ $
B. Sum of financing described in the contract ........,",..".",... $
C. Sales Price (Sum of A and B) , , . , , , . . . , . . . , . . . . , . . . , . , . . , . . . . . , $
o (2) In addition to any repairs and treatments otherwise required by the contract, Seller, at Seller's
expense, shall complete the following repairs and treatments:
~he date in Paragraph 9 of the contract is changed to ~. 2./ , ~ t7~ ?
o (4) The amount in Paragraph 12A(1 )(b) of the contract is changed to $
o (5) The cost of lender required repairs and treatment, as itemized
as follows: $ by Seller; $
o (6) Buyer has paid Seller an additional Option Fee of $ .
unrestricted right to terminate the contract on or before
This additional Option Fee 0 will 0 will not be credited to the Sales Price.
o (7) Buyer waives the unrestricted right to terminate the contract for which the Option Fee was paid.
o (8) The date for Buyer to give written notice to Seller that Buyer cannot obtain Financing Approval as set
forth in the Third Party Financing Condition Addendum is changed to
~ Other Modifications: (Insert only factual statements and business details i'1pplicable to this sale.)
77'",,~ 1- N-Z.M,/ :# :-.;.~. /1 fs a--KI'~4"L1'" h ~i!J Lr
~~ ~ ~ ~p. c;-u-Lr;/-.~ ~~ /:-4 ~~<:=~~
~/~h r~ CA,y iI~.~~.
on the attached list, will be paid
by Buyer.
for an extension of the
EXECUTED the day qf
DATE OF FINAL ACCEPTANCE.)
I
r ~~V~~
Buyer J
. (BROKER: FILL IN THE
iC..
Seller
Buyer
Seller
This fonn has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract
fonns. Such approval relates to this fonn only. TREC forms are intended for use only by trained real estate licensees. No
representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended for
complex transactions. Texas Real Estate Commission, P.O, Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-
6544 (http://www.trec.state.tx.us)TRECNo.39-6.This form replaces TREC No, 39-5.
(T AR-1903) 2-13-06
CENTURY 21 EXECUTIVE REALTY 4600. LAMAR A VENUE, PARIS TX 75460-5020
Phone: 903- 785-6427 Fax: Century 2] Executive Realty
Produced with ZipForm"" by RE FormsNet, LLC 18025 Fifteen Mile Road, Clinton Township, Michigan 48035 ~[Qrm.com
Page 1 of 1
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'DUAl HOUSlNC
OPPQ\lTUNITY
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREC)
FARM AND ~NCH CONTRACT
02-13-06
1. PARTIES: John A Womack (Seller)
agrees to sell and convey to Shirley Posey
(Buyer) and Buyer agrees to buy from Seller the Property described below.
2. PROPERTY: The land, improvements, accessories and crops are collectively referred to as the "Property".
A. LAND: The land situated in the County of Lamar , Texas, described as follows:
10.0 ac. to be surveyed, part of 19.38 ac. city blk 324 lot 13-F
or as described on attached exhibit, also known as 3400 Old Ticrertown Rd. Paris. TX 75460
(address/zip code), together with all rights, privileges, and appurtenances pertaining thereto, including but not
limited to: water rights, claims, permits, strips and gores, easements, and cooperative or association
memberships.
B. IMPROVEMENTS:
(1) FARM and RANCH IMPROVEMENTS: The following permanently installed and built-in items, if any:
windmills, tanks, barns, pens, fence,s, gates, sheds, outbuildings, and corrals.
(2) RESIDENTIAL IMPROVEMENTS: The house, garage, and all other fixtures and improvements attached to
the above-described real property, including without limitation, the following permanently installed and
built-in items, if any: all equipment and appliances, valances, screens, shutters, awnings, wall-to-wall
carpeting, mirrors, ceiling fans, attic fans, mail boxes, television antennas and satellite dish system and
equipment, heating and air-conditioning units, security and fire detection equipment, wiring, plumbing and
lighting fixtures, chandeliers, water softener system, kitchen equipment, garage door openers, cleaning
equipment, shrubbery, landscaping, outdoor cooking equipment, and all other property owned by Seller and
attached to the above described real property.
C. ACCESSORIES:
(1) FARM AND RANCH ACCESSOR!ES: The following described related accessories: (check boxes of
conveyed accessories) 0 portable buildings 0 hunting blinds 0 game feeders 0 livestock feeders and
troughs 0 irrigation equipment 0 fuel tanks 0 submersible pumps 0 pressure tanks 0 corrals 0 gates
o chutes 0 other:
(2) RESIDENTIAL ACCESSORIES: The following described related accessories, if any: window air conditioning
units, stove, fireplace screens,' curtains and rods, blinds, window shades, draperies and rods, controls for
satellite dish system, controls for garage door openers, entry gate controls, door keys, mailbox keys, above
ground pool, swimming pool equipment and maintenance accessories, and artificial fireplace logs.
D. CROPS: Unless otherwise agreed in writing, Seller has the right to harvest all growing crops until deliVery of
possession of the Property.
E. EXCLUSIONS: The following improvements, accessories, and crops will be retained by Seller and excluded:
;, 1"t ,~
F. RESERVATIONS: Seller reserves the following mineral, water, royalty, timber, or other interests:
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing . . . . . . . . . . . . . . . . . . . . . . . " $
B. Sum of all financing described below (excluding any loan funding
~ . . ) $
lee or mortgage Insurance premium .........................................
C. Sales Price (Sum of A and B) ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32 , 500. 00
D. The Sales Price gg will 0 will not be adjusted based on the survey required by Paragraph 6C. If the Sales Price
is adjusted, the Sales Price will be calculated on the basis of $ 3, 25Q..,JJ.0 per acre. If the Sales
Price is adjusted by more than 10%, either party. may terminate this contract by providing written notice to the
other party within 5 days after the terminating party receives the survey. If neither party terminates this
contract or if the variance is 10% or less, the adjustment will be made to the amount in 0 3A 0 3B
gg proportionately to 3A and 3
5.000.00
27,500.00
Initialed for identification by Buyer
(TAR-1701) 2-13-06
Century 21 4600 Lamar A venue. Paris TX 75462
Mike F RII,"(,~1I
and Seller
Phone: 903-785-6427
Fax:
TREC NO. 25-5
Page 1 of 9
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CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037. Paris, Texas 75461 .903-784-9234
TYPE OF ACTION REQUESTED:
lJ!:.oning Change
For Office Use Only Request NumberdOJ, - ~
Date Rcvd: ~ Mtg Date: S \ S \ 01 -
~pecific Use Permit 0 Planned Development
APPLlCA liON FOR ZONING CHANGE
PROPERTY INFORMATION:
Address:
Name of Business or Building (if applicable): 0,:\ ('0 "-
Lot 01 Block 40 \ Subdivision ~ G~'l?11 ~ ;D- )
Current Zoning, Ii Proposed Zoning' C r e.l'<\ a. -\0 ') S P
Whalls the proposed use o!the property? C {" e.l""o.. -4u r;1' < "
Describe the character and/or nature of uses of surrounding property. S I o. 2, j r- ec& \ A~ (\ -~ I J." A-G.
.{"y)' {v\ - s+O (" "'- ~ (.' .
Will the re-zoned designation be compatible with the classification and use of adjoining lands? ~ No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? Yes e
If No, why ara you ,equesting a change In the pennlttlng uses? -rhe, ?ro f'e" +:, ',5: 0-., V'eN t Ij <..0 ~d
O-~ r\ <>'" \~. ~ w <- P \"" 11.... fhA.1-H ~ \ '" '" C. ~e.""" +t, 1-
OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. /fyou are purchasing the property, a copy of
the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name ~/tlr] tJ~iH~
Applicant's Address: 44 3> 17 . if/a S.
( SafV\e- )
Property Owner's Name:
te+ro, t ~
7 3b
Phone~ bit{ ems
Cel(qo~ 4Cl( 1~&4-
Property Owner's Address: Phone:
.....................................................................................................
REQUIRED SUBMITTALS (check those items which are included):
o Completed application signed by the owner/applicant
o Copy of a deed with metes and bounds
o Permission letter from owner
o Copy of contract to purchase the property
If Planned Development requested, include also:
o Four (4) copies of a preliminary site plan
I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his
dUIYauth~rized ag t.~
Signed, . -L:.4l- Address 3L\'-Ill;~ ~? 'S,~-\-t c;"'~
Print Name:. a. \D__\l"'\. '-\ V\:.e.. '-\ ~ Phone Number: .-: t l -d-iJ.::>,) 5 "\ _ '-\31::>
Date: t 1 \ - ~.- ~5\ ::~'. C::~~'~~~r:
SWO ORE ME this;;?Ji'\.~ day of T~(Jt"-./ ,20011 .
'; l~~
JANICE WORTHAM ~ t) ! ~ ~"'"'r--
~~~~~:~~~~ ~9tf~ .. blic, State of Texas
My CommISsion Expires 05-12-2009
FILED:
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I
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKIl ANy OF tHE FOLLOWING INFORMATION FROM tHIS
INSTRUMENT BEFORE IT IS FrLEP FOR RECOlID IN THE PUBLIC RECOlIDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY.DEED
(with Vendor's Lien)
THE STATE OF TEXAS )
)
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS:
THA T MEMORIAL OPERATIONS COMPANY OF TEXAS, A Texas Corporation, by
and throngb its dnly antborized President, Mike W. Graham (herein called "grantor"), of tile
Coun ty ofH ani s, Staie oft exas, for and in consi ~eraii on of the SllIt1 ofT en ($ I 0.00) and more Doll ars
cash to ii in hand paid by ALAN K. WHITLEY and wife, CINDY WIIITLEY, and JERRY
WHITLEY, receipt of which is hereby acknowledged; and
TI,iliy.s eVen thousan d five hund.J;"? and u6/1 00 ($37,500.00) Dollars paid by COMMUNITY
NA TIONAL BANK, Detroit, Texas, for the graniees herein at their special instance and request,
w hi ch SUm of $ 37,500.00 is evidenced by vendor's Ii en note executed by grantees herein, payable to
COMMUNITY NATIONAL BANK as therein provided, secured by the vendor's lien herein
reiained, and addiiionally secured by deed of trust of even date therewith io Hngh Jeffus, Trustee, for
i
the benefit of tile holder of said note. The vendor's lien herein reiained is hereby transferred and
assigned io COMMUNITY NA TIONAL BANK, Detr"it, Texas, and it is suhrogated to all the rights
thereto as if it were the original grantor herein;
have Granted, Sold and Conveyed, and by these presOllts do Grant, Sell and Convey unio
ALAN K. WHITLEY and wife, CINDY WHITLEY, and JERRY WHITLEY (herein calJed
"graniees "), of the County of Red Ri ver, State of Texas, where their mailing address is 3443 PM 41 0
South, Detroit, Texas 75436, all that certain tract or parcel of] and in Lamar County, Texas described
as follows; Subj eci To th e right-of. way easement to .Lamar County Water Supply Corp., dated January
10, 1983, of record in Book 652, Page 856, Lamar County Deed Records:
JOHN W. I-WLUAMS SURVEY
A-lOOl
ALMA E. DANIEL
CONDEMNA TION
VOl. 18, PAGE 12
10.90, ACRES
60' 1--
---r- 50'
:-...---: 2B' E
~I 79' 42
Of Wf-.'( UNL
RIGHT
Y \508_
~ F.M. !lIGIf!!L--
~
-
C. ALLEE
VOL. 654, PAGE 251-
.........--REAl PROPERTY RECORD~
2 ACRES
--
w^'( UNE FIR
RIGKl Of
SCN.E: r' ~200'
CHARLES W. KEYS
Val. 506, PAGE 302
REAL PROPERTY RECORDS
18.43 ACRES
,.., N 79' 36' 282:." E
\. ..)lIu.-:-u
~ ~ nil
~ J c-:JIR Jo'xloo'
;.., LrSTOfiAGE
: ~ l BUILDING
~ " . CONCRETE SLAB
w
:to
J. SKIDMORE SURVEY ___ .........-
A-BS9
1 POSl . E
N 79' 36' 20
719.66
PAUL BEAN, INC.
Val. 151, PAGE 139
REAL PROPERTY RECORDS
(CAllED 45.545 ACRES)
15.560 ACRES
! .
FIR
.. . -.-.... --- .--.----- '..-
LEGEND
b
o
V1
TO
.nR
POB
II
'OHE-
FOUND IRON ROO
POINT or BEGINNING
WOOD FENCE POST
OVERHEAD ELECTRIC
MIJ(E L. GABEUNE
Val. 654, PG 75
REAL PROPERTY RECORDS-'
30.04 ACRES
H.A. CLEMENTS ESTATE
VOL. 221, PAGE 548
DEED RECORDS
19.04-2 ACRES
MEADOWBROOK GARDENS
SHOWING 45.560 ACRES
JOHN W. WILLIAMS SURVEY
LAMAR COUNTY, TEXAs
MAY 1997
EXHIBIT "A" - Page 1 of 2 Pages
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(q
HAYTER
EHGINEl!nlNa
JNCOAPOIlAl'"ED
I, KENNETH RAY JONES, REGISTERED PROFESSIONAL lAJoIDSURVEYOJl.
RPlS #3332. DO HEREBY CERnf'Y l}fAT THE PLAT SI-jOWN HEREON
WAS PREPARED FROM AN ACTUAl SURVEy MADE ON THE GROUND
UNDER. MY SUPERVISION ON MAY 13, 1997"
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N,SULTANr.s: "ur",.,,,,l'Is ENorNEEn.s
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CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037. Paris, Texas 75461 .903-784-9234
APPLICATION FOR ZONING CHANGE
For Office Use ~nlY \. Request Number:
<:9;)>. h CA 0)'1 /"1,1
Date Rcvd: IJ I V Mtg Date: v::J
TYPE OF ACTION REQUESTED:
~ning Change
o Specific Use Permit
o Planned Development
PROPERTY INFORMATION:
Address:
.;;;~
'~527 ~ C' J?r-~
~d
,,-
/'7 /' ---:>
<.. ;";:r;o/ G -r ~~/...,-
/' -
a....e'$ ~
Name of Business or Building (if applicable):
Lot
/
Block //.3 Subdivision
~dY
Current Zoning:
Proposed Zoning:
-j-;:i -"?~,A/9
/
Describe the character and/or nature of uses of surrounding property. ~""~Yd
A--0~5/~ /yl6~ <L
What is the proposed use of the property?
~
~'-;>.r ,cf- ~....e72>7.. N/~
,
~~
Will the re-zoned designation be compatible with the classification and use of adjoining lands? (f;i)J No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classificatiOn?~
If No, why are you requesting a change in the permitting uses? ~e-' A/&'...e5/....-'l/~ A,o~ ~ A./.( ~ c:(<'
. /:J /
/l -/3,~/ J-Vc; ~..-J;Jc...."C;' ~ .
/
OWN ERI APPLICANT I N FORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the property, a copy of
the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
~ ~.LL- /9/1/0/
CY~~#/..#
~.GL.
Property Owner's Address: ,;;;;;:( ~~ ~~5 p/4 Phone: '?O;:? 7 ,..? ~6o :::2-~
.....................................................................................................
Applicant's Name:
-.6 .HI~
~ ..3Oc
Property Owner's Name:
-.. -?;;::~>A./
/~~~""""0> ,L/~X1L..n t2ze::
Phone: ;rd3 7g~06~yt.
Applicant's Address:
REj:lUIRED SUBMITTALS (check those items which are included):
ffJ;omp/eted application signed by the owner/applicant
cr ~y of a deed with metes and bounds _
~fmission letter from owner /f..pA (I OWN "'-H~~
I3"Copy of contract to purchase the property
If Planned Development requested, include also:
o Four (4) copies of a preliminary site plan
I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Federal La s will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly authorized ag . t.
Address:
Phone Number:
Fax Number:
r"". "'..~. ';8;'/""'" t'..,
r-;f . ' , ." f.. -i>', ~\
E ME th'is~ t;" .~ . da'yOt ..
Signed:
Print Name'
Date:
FEB 1 5
;e ~/.::s- 7;(
FILED:
crt>' (it
t"''\ ~!:."h~
~_! - L ~t
1 ')me:
G.)'
KlUAlHDLlSINIO
0/'p0RTllt1lY
PROMULGATED BY THE TEXAS REAL ESTATE COMMISSION (TREe)
ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE)
NOTICE: Not For Use For Condominium Transactions
02-13-06
1. PARTIES: .lOhN Ii'. BELL
sell and convey to LEGEND HEJ.I..L1'H CARE
and Buyer agrees to buy from Seller the Property described below.
2. PROPERTY:
A. LAND: Lot 1 Block
City of PARI S
as 527 & 52 7 8. E, 8 TH
(address/zip code), or as described on attached exhibit.
B. IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the above-described
real property, including without limitation, the following permanently installed and built-in items, if any: all
equipment and appliances, valances, screens, shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans,
attic fans, mail boxes, television antennas and satellite dish system and equipment, heating and air-conditioning
units, security and fire detection equipment, wiring, plumbing and lighting fixtures, chandeliers, water softener
system, kitchen equipment, garage door openers, Cleaning equipment, shrubbery, landscaping, outdoor cooking
equipment, and all other property owned by Seller and attached to the above described real property.
C. ACCESSORIES: The following described related accessories, if any: window air conditioning units, stove,
fireplace screens, curtains and rods, blinds, window shades, draperies and rods, controls for satellite dish
system, controls for garage door openers, entry gate controls, door keys, mailbox keys, above ground pool,
SWimming pool equipment and maintenance accessories, and artificial fireplace logs.
D. EXCLUSIONS: The following improvements and accessories will be retained by Seller and removed prior to
delivery of possession:
(Seller) agrees to
(Buyer)
113
, County of
Addition,
, Texas, known
75,~ 60
or more third party mortgage loans in the total amount of
(excluding any loan funding fee or mortgage insurance premium).
Property Approval: If the Property does not satisfy the lenders' underwriting requirements for the loan(s),
this contract will terminate and the earnest money will be refunded to Buyer.
(2) Financing Approval: (Check one box only)
o (a) This contract is subject to Buyer being approved for the financing described in the attached Third
Party Financing Condition Addendum.
o (b) This contract is not subject to Buyer being approved for financing and does not involve FHA or VA
financing.
[J B. ASSUMPTION: The assumption ofthe unpaid principal balance of one or more promissory notes described in
the attached TREC Loan Assumption Addendum.
o C. SELLER FINANCING: A promissory note from Buyer to Seller of $ ,
secured by vendor's and deed of trust liens, and containing the terms and conditions described in the attached
TREC Seller Financing Addendum. If an owner policy of title insurance is fumished, Buyer shall furnish Seller
with a mortgagee policy of title insurance.
5. EARNEST MONEY: Upon execution of this contract by both parties, Buyer shall deposit $1 , 000.00
as earnest money with STONE TITLE , as escrow agent, at
33 l81'. N.W. PARIS TX 75460
(address). Buyer shall deposit additional earnest money of $ with escrow agent within
days after the effective date of this contract. If Buyer fails to deposit the earnest money as required by
this contract, Buyer will be in default.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at tEll Seller's
insurance (Title Policy) issued by
(Title Company) in the amount of the Sales Price, a
Initialed for identification by Buyer _ _ and Seller
fTAR-1601) 2-13-06
The land, improvements and accessories are collectively referred to as the "Property".
3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing ................................................. $
B. Sum of all financing described below (excluding any loan funding fee
or mortgage insurance premium) ............... ..... ...... ................ .................................... ....... $
C. Sales Price (Sum of A and 8) .......................................................................................... $ 10 [ 000.00
4. FINANCING: The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes
below)
o A. THIRD PARTY FINANCING: One
$
(1 )
10,000.00
STONE TITLE
o Buyer's expense an owner policy of title
at or after closing, insuring Buyer against loss under
TREC NO. 20-7
Paae 1 of 8
"...---.-..+-'..".-..-..-".".,.....-.. '._'~""--'-"-"--"'---r--"
527 & 527 S.E. 8TH
Con'"," C"oem;n, PARIS. TX 7 546 0 Pa" 2 ora 02.13.<J6
(Address of Property)
the Provisions of the nUe Policy, sUbject to the promulgated exclusions (including existing bUilding and zoning
ordinances) and the following exceptions:
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exception for standby fees, taxes and assessments.
(3) Liens created as part ofthe financing described in Paragraph 4.
(4) Utility easements created by the dedication deed or plat of the subdivision In which the Property is located.
(5) ReseIVations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing.
(6) The standard printed exception as to marital rights.
(1) The standard printed exception as to waters, tidelands, beaches, streams, and related matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines,
encroachments or protrusions, or overlapping improvements. Buyer, at Buyer's expense, may have the
exception amended to read, "shortages in area",
B. COMMITMENT: Within 20 days after the Tnle Company receives a copy of this contract, Seller shall fumish to
Buyer a commitment for fitle insurance (Commitment) and, at Buye(s expense, legibie copjes of restlic/ive
covenants and documents evidencing exceptions in the Commitment (Exception Documents) other than the
standard printed exceptions. Setler authorizes the Tille Company to deliver the Commnment and Exception
Documents to Buyer at Buye(s address shown in Paragraph 21. If the Commitment and Exception Documenl1l
are not delivered to Buyer within the specified time, the time for delivery will be automatically extended up to 15
days or the Closing Date, whichever is earlier.
C. SURVEY: The survey must be made by a registered professional land sUIVeyor acceptabie to the Title
Company and any lender. (Check one box only)
o (1) Within days after the effeclive date of this contract, Seiler shall furnish to Buyer and Tnie
Company Seller's existing survey of the Property and a Residential Real Property Affidavit promUlgated
by the Texas Department of Insurance (Affidavit). If the existing surveyor Affidavit is not acceptable
to Title Company or BUyer's lender, Buyer shall obtain a new survey at. 0 Seller's 0 BUyer's expense
no later than 3 days prior to Closing Date. If Seller fails to furnish the existing surveyor Affidavit within
the time prescribed, Buyer shall obtain a new survey at Seller's expense no later than 3 days prior to
Closing Date.
o (2) Within days after the effeclive date of this contract, Buyershali obtain a new
survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual receipt or the
date specified in this paragraph, whichever is earlier.
o (3) Within days after the elfective date of this contract, Seller, at Seller's expense
shall furnish a new survey to BUyer.
D. OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title: disclosed on the
sUIVey other than items 6A(1) through (7) above; disciosed in the Commitment other than items 6A(1) through
(8) above; or which prohibit the fol/owing use or activity:
Buyer must object not later than (i) the Closing Date or 00 days after Buyer receives the
Commitment, Exception Documenl1l, and the sUIVey, whichever is earlier. Buyers failure to object within the
time atloWed wili constitute a waiver of Buyer's light to object; except that the requirements in Schedule C of
the Commitment are not waiVed. Provided Selier is not obligated to incur any expense, Seller shall cure the
fimely objections of Buyer or any third party lender within 15 days after Selier receives the objections and the
Ciosing Date wili be extended as necessary. If objections are not cured within such 15 day period, this contract
will terminate and the earnest money will be refunded to Buyer unless Buyer waives the objections.
E. TITLE NOTICES:
(1) ABSTRACT OR TITLE POliCY: Broker advises Buyer to have an abstract of fille COve ling the Property
examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a
Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice
due to the time limitations on Buyer's right to object.
(2) MANDATORY OWNERS' ASSOCIATION MEMBERSHiP: The Property 0 is flI is not subject to mandatory
memberShip in an owners' association. If the Property is subject to mandatory membership in an owners'
association, Seller notifies Buyer under S5.012, Texas Property Code, that, as a purchaser of property in the
residential community in which the Property is located, you are obligated to be a member of the owners'
association. Restrictive covenants governing the use and occupancy of the Property and a dedicatory
Instrument goveming the establishment, maintenance, and operation of this residenUal community have
been or will be recomed in the Real Property Records ofthe county in which the Property is located. Copjes
of the restrictive covenants and dedicato in U ma be obtained from the coun clerk. You are
"iti~ledfor idenffffcation by Buyer - _ and Seller TREC NO. 20-7
"-.-<'~-'-"---"'""-''1'"''''- .
527 & 527 S.E. 8TH
Contract Concerning P;:'.l~IS. TX 75460 Page 3 ot8 02-13-06
(Address of Property)
obligated to pay assessments to the owners' association. The amount of the assessments is subject to
change. Your failure to pay the assessments could result in a lien on and the foreclosure of the Property. If
Buyer is concerned about these matters, the TREC promulgated Addendum for Property Subject to
Mandatory Membership in an Owner's Association should be used.
(3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily created district
providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code,
requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded
indebtedness, or standby fee of the district prior to final execution of this contract.
(4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, ~33.135, Texas Natural
Resources Code, requires a notice regarding coastal area property to be included in the contract. An
addendum containing the notice promulgated by TREC or required by the parties must be used.
(5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies Buyer under
S5.011, Texas Property Code, that the Property may now or later be included in the extraterritorial
juriSdiction of a muniCipality and may now or later be subject to annexation by the municipality. Each
municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction . To determine if the
Property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a
municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the
Property for further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE PROVIDER:
Notice required by ~13.257, Water Code: The real property, described in Paragraph 2, that you are about to
purchase may be located in a certificated water or sewer service area, which is authorized by law to provide
water or sewer service to the properties in the certificated area. If your property is located in a certificated
area there may be special costs or charges that you will be required to pay before you can receive water or
sewer service. There may be a period required to construct lines or other facilities necessary to provide
water or sewer service to your property. You are advised to determine if the property is in a certificated area
and contact the utility service provider to determine the cost that you will be required to pay and the period,
if ailY, that is required to provide water or sewer service to your property. The undersigned Buyer hereby
acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the
purchase of the real property described in Paragraph 2 or at closing of purchase of the real property.
(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, S5.014, Property
Code, requires Seller to notify Buyer as follows: As a purchaser of this parcel of real property you are
obligated to pay an assessment to a municipality or county for an improvement project undertaken by a
public improvement district under Chapter 372, Local Government Code. The assessment may be due
annually or in periodic installments. More information conceming the amount of the assessment and the due
dates of that assessment may be obtained from the municipality or county levying the assessment. The
amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien
on and the foreclosure of your property.
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access to the Property
at reasonable times. Buyer may have the Property inspected by inspectors selected by Buyer and licensed by
TREC or otherwise permitted by law to make inspections. Seller at Seller's expense shall turn on existing utilities
for inspections.
B. SELLER'S DISCLOSURE NOTICE PURSUANT TO 35.008, TEXAS PROPERTY CODE (Notice):
(Check one box only)
o (1) Buyer has received the Notice.
D (2) Buyer has not received the Notice. Within days after the effective date of this contract,
Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice, Buyer may terminate this
contract at any time prior to the closing and the earnest money will be refunded to Buyer. If Seller delivers
the Notice, Buyer may terminate this contract for any reason within 7 days after Buyer receives the Notice
or prior to the closing, whichever first occurs, and the earnest money will be refunded to Buyer.
l2Ji (3) The Seller is not required to fumish the notice under the Texas Property Code.
C. SELLER'S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by
Federal law for a residential dwelling constructed prior to 1978.
D. ACCEPTANCE OF PROPERTY CONDITION: Buyer accepts the Property in its present condition; provided
Seller, at Seller's expense, shall complete the following specific repairs and treatments:
E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither party is
obligated to pay for lender required repairs, which' cl treatment for wood destroying insects. If the parties
Initialed for identification by Buyer _ _ and Sell 't:2-- TREC NO. 20-7
527 & 527 S.E. 8TH
Contract Concerning P.2lRIS, TX 75460 Page4of802.13.06
(Address of Property)
do not agree to pay for the lender required repairs or treatments, this contract will terminate and the earnest
money will be refunded to Buyer. If the cost of lender required repairs and treatments exceeds 5% of the Sales
Price, Buyer may terminate this contract and the earnest money will be refunded to Buyer.
F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller shall complete all
agreed repairs and treatments prior to the Closing Date. All required permits must be obtained, and repairs and
treatments must be performed by persons who are licensed or otherwise authorized by law to provide such
repairs or treatments. At Buyer's election, any transferable warranties received by Seller with respect to the
repairs and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to complete any agreed
repairs and treatments prior to the Closing Date, Buyer may do so and receive reimbursement from Seller at
closing. The Closing Date will be extended up to 15 days, if necessary, to complete repairs and treatments.
G. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetlands, toxic substances, including
asbestos and wastes or other environmental hazards, or the presence of a threatened or endangered species or
its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an
addendum promulgated by TREe or required by the parties should be used.
H. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract from a residential
service company licensed by TREC. If Buyer purchases a residential service contract, Seller shall reimburse
Buyer at closing for the cost of the residential service contract in an amount not exceeding $
Buyer should review any residential service contract for the scope of coverage, exclusions and limitations. The
purchase of a residential service contract is optional. Similar coverage may be purchased from various
companies authorized to do business in Texas.
8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in separate written
agreements.
9. CLOSING:
A. The closing of the sale will be on or before March 15 , 2007 , or within 7 days
after objections made under Paragraph 60 have been cured or waived, whichever date is later (Closing Date). If
either party fails to close the sale by the Closing Date, the non-defaulting party may exercise the remedies
contained in Paragraph 15.
B. At closing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property to Buyer and showing
no additional exceptions to those permitted in Paragraph 6 and furnish tax statements or certificates showing
no delinquent taxes on the Property.
(2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent.
(3) Seller and Buyer shall execute and deliver any notices, statements, certificates, affidavits, releases, loan
documents and other documents required of them by this contract, the Commitment or law necessary for the
closing of the sale and the issuance ofthe Title Policy.
C. Unless expressly prohibited by written agreement, Seller may continue to show the Property and receive,
negotiate and accept backup offers.
D. All covenants, representations and warranties in this contract survive closing.
10. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition,
ordinary wear and tear excepted: W upon closing and funding 0 according to a temporary residential lease form
promulgated by TREC or other written lease required by the parties. Any possession by Buyer prior to closing or by
Seller after closing which is not authorized by a written lease will establish a tenancy at sufferance relationship
between the parties. Consult your insurance agent prior to change of ownership and possession because
insurance coverage may be limited or terminated. The absence of a written lease or appropriate insurance
coverage may expose the parties to economic loss.
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to the sale. TREC rules
prohibit licensees from adding factual statements or business details for which a contract addendum, lease or other
form has been promulgated by TREe for mandatory use.)
THIS CONTRACT IS CON'I'INGENT UPON BUYER OBTAINING A ZONING CHl,N'::1E TO PUT IN A
PARKING LOT. SELLER IS SELLIN'C; BUILDINGS IN AS IS C:ONDI'I'ION.
Initialed for identification by Buyer _ _ and Seller
(TAR-1601) 2-13-06
Produced with ZipForm™ by RE FormsNet, llC 18025 Fifteen ile oad, Clinlon Township, Michigan 48035 WWW.zioform.com
TREC NO. 20-7
Page 4 of 8
8th s.e..zfx
..~-_. ---~"--_._-,-.,....,-
Contract Concerning
527 & 527 S.E. 8TH
PA-"RIS , TX 75460
(Address of Property)
Page 5 of 8 02-13-06
12. SElTLEMENT AND OTHER EXPENSES:
A. The following expenses must be paid at or prior to closing:
(1) Expenses payable by Seller (Seller's Expenses):
(a) Releases of existing liens, including prepayment penalties and recording fees; release of Seifer's loan
liability; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses
payable by Seller under this contract.
(b) Seller shall also pay an amount not to exceed $ to be applied in the following
order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA, Texas Veterans Housing
Assistance Program or other governmental loan programs, and then to other Buyer's Expenses as allowed
by the lender.
(2) Expenses payable by Buyer (Buyer's Expenses):
(a) Loan origination, discount, buy-down, and commitment fees (Loan Fees).
(b) Appraisal fees; loan application fees; credit reports; preparation of loan documents; interest on the notes
from date of disbursement to one month prior to dates of first monthly payments; recording fees; copies of
easements and restrictions; mortgagee title policy with endorsements required by lender; loan-related
inspection fees; photos; amortization schedules; one-half of escrow fee; all prepaid items, including
required premiums for flood and hazard insurance, reserve deposits for insurance, ad valorem taxes and
special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting
fee; wire transfer fee; expenses incident to any loan; and other expenses payable by Buyer under this
contract.
B. Buyer shalf pay Private Mortgage Insurance Premium (PM!), VA Loan Funding Fee, or FHA Mortgage Insurance
Premium (MIP) as required by the lender.
C. If any expense exceeds an amount expressly stated in this contract for such expense to be paid by a party, that
party may terminate this contract unless the other party agrees to pay such excess. Buyer may not pay charges
and fees expressly prohibited by FHA, VA, Texas Veterans Housing Assistance Program or other governmental
loan program regulations.
13. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and rents will be prorated
through the Closing Date. The tax proration may be calculated taking into consideration any change in exemptions
that will affect the current year's taxes. If taxes for the current year vary from the amount prorated at closing, the
parties shall adjust the prorations when tax statements for the current year are available. If taxes are not paid at or
prior to closing, Buyer shall pay taxes for the current year.
14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty after the effective
date of this contract, Seller shall restore the Property to its previous condition as soon as reasonably possible, but in
any event by the Closing Date. If Seller fails to do so due to factors beyond Seller's control, Buyer may (a) terminate
this contract and the earnest money wi" be refunded to Buyer (b) extend the time for performance up to 15 days Clnd
the Closing Date will be extended as necessary or (c) accept the Property in its damaged condition with an
assignment of insurance proceeds and receive credit from Seller at closing in the amount of the deductible under the
insurance policy. Seller's obligations under this paragraph are independent of any other obligations of Seller under
this contract.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may (a) enforce specific
performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the
earnest money as liquidated damages, thereby releasing both parties from this contract. If, due to factors beyond
Seller's control, Seller fails within the time allowed to make any non-casualty repairs or deliver the Commitment, or
survey, if required of Seller, Buyer may (a) extend the time for performance up to 15 days and the Closing Date will be
extended as necessary or (b) terminate this contract as the sole remedy and receive the earnest money. If Seller fails
to comply with this contract for any other reason, Seller will be in default and Buyer may (a) enforce specific
performance, seek such other relief as may be provided by law, or both, or (b) terminate this contract and receive the
earnest money, thereby releasing both parties from this contract.
16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through alternative dispute
resolution procedures such as mediation. Any dispute between Seller and Buyer related to this contract which is not
resolved through informal discussion I:ZIl will 0 will not be submitted to a mutually acceptable mediation service or
provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a
party from seeking equitable relief from a court of competent jurisdiction.
17. ATTORNEY'S FEES: The prevailing party in any legal proceeding related to this contract is entitled to recover
reasonable attorney's fees and all costs of such pracee . g i u by the prevailing party.
Initialed for identification by Buyer _ _ and Seller TREC NO. 20-7
,-r^.... .."".., " ..... "^ ..._ _._ ,.. _~ n
"._-'--_.,-------.....~"~._._.".~-_....__._...,......~~"~,,.,,"...,._~,._"._-'~--'--_.
Contract Concerning
527 & ~27 S.E. 8TH
PARIS, TX 75460
(Address of Property)
Page 6 of 8 02-13-06
18. ESCROW:
A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for the performance or
nonperformance of any party to this contract, Oi) liable for interest on the earnest money and (Hi) liable for the loss
of any eamest money caused by the failure of any financial institution in which the earnest money has been
deposited unless the financial institution is acting as escrow agent.
B. EXPENSES: At closing, the earnest money must be applied first to any cash down payment, then to Buyer's
Expenses and any excess refunded to Buyer. If no closing occurs, escrow agent may require payment of unpaid
expenses incurred on behalf of the parties and a written release of liability of escrow agent from all parties.
C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a release of earnest
money to each party and the parties shall execute counterparts of the release and deliver same to the escrow
agent. If either party fails to execute the release, either party may make a written demand to the escrow agent for
the earnest money. If only one party makes written demand for the earnest money, escrow agent shall promptly
provide a copy ofthe demand to the other party. If escrow agent does not receive written objection to the demand
from the other party within 15 days, escrow agent may disburse the earnest money to the party making demand
reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and
escrow agent may pay the same to the creditors. If escrow agent complies with the provisions of this paragraph,
each party hereby releases escrow agent from all adverse claims related to the disbursal of the earnest money.
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the escrow agent within 7
days of receipt of the request will be liable to the other party for liquidated damages of three times the amount of
the earnest money.
E. NOTICES: Escrow agent's notices will be effective when sent in compliance with Paragraph 21. Notice of objection
to the demand will be deemed effective upon receipt by escrow agent.
19. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, or
security interests against the Property which will not be satisfied out of the sales proceeds unless securing payment
of any loans assumed by Buyer and (b) assumed loans will not be in default. If any representation of Seller in this
contract is untrue on the Closing Date, Sellefwill be in default.
20. FEDERAL TAX REQUIREMENTS: If Seller is a "foreign person," as defined by applicable law, or if Seller fails to
deliver an affidavit to Buyer that Seller is not a "foreign person," then Buyer shall withhold from the sales proceeds an
amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service together
with appropriate tax forms. Internal Revenue Service regulations require filing written reports if currency in excess of
specified amounts is received in the transaction.
21. NOTICES: All notices from one party to the other must be in writing and are effective when mailed to, hand-delivered
at, or transmitted by facsimile or electronic transmission as follows:
To Buyer
at:
To Seller
at:
2300 CL~SVILLE
608 Sandau Rd
PARIS, TX 75460
San Antonio, Tx 78216
Telephone: (903) 784-0024
Telephone: (210) 564-0100
Facsimile: (903) 784-4560
Facsimile:
E-mail: johnbel147@hot.ma.il.com
E-mail:
Initialed for identification by Buyer _ _ and Seller ~.
(TAR-1601) 2-13-06
Produced with ZipForm™ by RE FormsNet, LLC 18025 Fifteen oad, Clinton Township, Michigan 48035 lMMN.zioform.com
TREe NO. 20-7
Page 6 of 8
8th s.e..zfx
"'-'-'-"'~"---'f""'-""".
.-r----...>..,.--~.-..
527 & 527 S.E. 8TH
PARIS, TX 75460
(Address of Property)
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and cannot be changed
except by their written agreement. Addenda which are a part of this contract are (Check all applicable boxes) :
o Third Party Financing Condition 0 Addendum for Property Subject to
Addendum Mandatory Membership in an Owners'
Association
o Environmental Assessment, Threatened or
Endangered Species and Wetlands
Addendum
o Addendum for "Back-Up" Contract
o Addendum for Coastal Area Property
o Addendum for Property Located Seaward of
the Gulf Intracoastal Waterway
o Addendum for Release of Liability on
Assumption of FHA, VA, or Conventional
Loan Restoration of Seller's Entitlement for
VA Guaranteed Loan
o Other (6st):
Contract Concerning
Page 7 of 8 02-13-06
o Seller Financing Addendum
o Loan Assumption Addendum
o Buyer's Temporary Residential Lease
o Seller's Temporary Residential Lease
o Addendum for Sale of Other Property by
Buyer
o Addendum for Seller's Disclosure of
Information on Lead-based Paint and
Lead-based Paint Hazards as Required
by Federal Law
23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby acknowledged by Seller, and
Buyer's agreement to pay Seller $ (Option Fee) within 2 days after the effective date of this
contract, Seifer grants Buyer the unrestricted right to terminate this contract by giving notice of termination to Seifer
within days after the effective date of this contract. If no dollar amount is stated as the Option Fee or if
Buyer fails to pay the Option Fee within the time prescribed, this paragraph will not be a part of this contract and
Buyer shall not have the unrestricted right to terminate this contract. If Buyer gives notice of termination within the
time prescribed, the Option Fee will not be refunded; however, any earnest money will be refunded to Buyer. The
Option Fee 0 will 0 will not be credited to the Sales Price at closing. Time is of the essence for this paragraph
and strict compliance with the time for performance is required.
24. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS CONTRACT CAREFULLY.
If you do not understand the effect of this contract, consult an attorney BEFORE signing.
Buyer's Seller's
Attorney is: A. 'Ii. CLE!v1 Attorney is:
Telephone:
Telephone:
Facsimile:
Facsimile:
E-mail:
E-mail:
EXECUTED the day of
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
Buyer
Buyer
Seller
The for.m of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real
estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specific transactions. It is not intended
for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, TX 78711-2188, 1-800-250-8732 or (512) 459-6544
(http://www.trec.state.tx.uS)TRECNO.20_7.This form replaces TREC NO. 20-6.
(TAR-1601) 2-13-06
TREe NO. 20-7
P~we 7 of B
r~
Contract Concerning
527 & 527 S.E. 8TH
PARIS, TX 75460
(Address of Property)
Page 8 of 8 02-13-06
BROKER fNFORMA TION AND RA TIFICA TION OF FEE
Listing Broker has agreed to pay Other Broker
when Listing Broker's fee is received. Escrow Agent is authorized and directed
Listing Broker's fee at closing.
of the total sales price
to pay Other Broker from
Other Broker License No.
represents 0 Buyer only as Buyer's agent
o Seller as Listing Broker's subagent
Listing Broker License No.
represents 0 Seller and Buyer as an intermediary
o Seller only as Seller's agent
Associate
Telephone
Telephone
Listing Associate
Broker's Address
Listing Associate's Office Address
Facsimile
City
State
Zip
City
State
Zip
Facsimile
Email Address
Email Address
Selling Associate
Telephone
Selling Associate's Office Address
Facsimile
City
State
Zip
Email Address
Receipt of $
OPTION FEE RECEIPT
(Option Fee) in the form of
is aCknowledged.
Seller or Listing Broker
Date
Receipt of q Contract and 0 $
is acknowledged.
Escrow Agent~
CONTRACT AND EARNEST MONEY RECEIPT
Earnest Money in the form of
Date:
By:
Address
Emai/ Address
Telephone:
City
State
Facsimile:
Zip
(TAR-1601) 2-13-06
TREe NO. 20-7
PaQe 8 of 8
.J.'. "-' '\~.. t;i
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ddd I
Prepared by the State Bar of Texas for use by lawyers only. Reviewed
1-1.76. Revised to include grantee's address (art. 6626, ReS) 1.1.82.
WARRANTY DEED WITH VENDOR'S LIEN
THE STATE OF TEXAS
}
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
That WE, JOHN M. DEFEE and wife, LOUISE W. DEFEE
of the County of
Lamar
and State of
Texas
for and in
consideration of the sum ofTEN AND NO(lOO-------------____________________________
--------------------------------------------($10.00)---------- DOLLARS
and other valuable consideration to the undersigned paid by the grantees herein named, tne receipt of which
is hereby acknowledged, and ,the further consideration of the execution and delivery by
grantees of their one certain promissory note of even date
herewith, in the principal sum of $15,000.00, payable to the
order of the grantor in monthly installments and bearing
interest as therein provided, containing the usual clauses
providing for acceleration of maturity and for attorney's
fees,
12;:)
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the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed
of trust of even date herewith to
ERIC S. CLIFFORD
Trustee,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
JOHN F. BELL
of the County of
Lamar
and State of
Texas
, all of the following described real
property in Lamar County, Texas, to-wit:
All that certain tract or parcel of land situated in Lamar County,
Texas and described as follows, to-wit:
A part of the Larkin Rattan Survey, on the East side of High Street,
formerly designated as 26th Street, and now known as 8th St. S.E.;
(Cont ' d)
t"on
,~ <i"rf'l
/ Sl '7
BEGINNING at a stake in the EB line of said Street, same being a
point 312 feet North of the NW corner of a tract formerly known as the
Nancy C. Wright 11 acres and being the NW corner of a tract of land as
described in Deed of Trust from Mrs. Cartha Wood to O. W. Boswell ,Trustee,
of record in Book 58, Page 246, of the Deed of Trust Records of Lamar
County, Texas;
THENCE EAST 214 feet;
THENCE SOUTH 110 feet;
THENCE WEST 214 feet to a stake in the EB line of 8th St. S.E.;
THENCE NORTH with the same 110 feet to the place of beginning.
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 grantees, their
heirs and assigns
forever; and
we do hereby bind ourselves, our
heirs, execu tors and administrators to
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee s , their
heirs and assigns, against every person whomsoever lawfully claiming or to. claim the same or any part
thereof.
But it is expressly agreed that the VENDOR'S LIEN, as well as the Superior Title in and to the above
described premises, is retained against the above described property, premises and improvements until the above
described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof,
when this Deed shall become absolute.
This conveyance is made and accepted subject to the following
matters, to the extent same are in effect at this time: Any
and all restrictions, covenants, conditions and easements,
mineral reservations or leases, if any, relating to the
hereinabove described property but only to the extent they
are still in effect, shown of record in the hereinabove
mentioned County and State.
EXECUTED
this
12th
day of
~rCh , A. D. ]984
. . ':"~(:'2/.J1?-~~::...........
C JOHN M. DE E
~IS.E W. PEFfE.,
':5Lv.{..".,,"-"..._.~v.,.br'~'~'~"
DE tOo O"-;{'fl 0.1 1,,1; '7n
. i'!li \.) I rlwL -L t .~}
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 . Paris, Texas 75461 . 903-784-9234
TYPE OF ACTION REQUESTED:
~ng Change
For Offlce ~~ 1~7rL _ Request Number: d-(X:()-CD
DateRcVd~ MtgDate: b~ b~\O:=l
APPL/CA TION FOR ZONING CHANGE
o Specific Use Permit
o Planned Development
PROPERTY INFORMATION:
Address:
44-C)O
~/ h. J <--, +
t:S 0 n 1"', a rVl "--=>
P 5] r k- P rC?7r5JY?d
p Av~+
Name of Business or Building (if applicable):
.Loti1'<\{U-J:--SloCk ~ Subdivision
\d--3L\ 'l>'\:: -eOc_~ /\
Current Zoning: ,.l--\ q
What is the proposed use of the property?
Proposed Zoning:
..-- .- "I
~ +- <-\
Describe the character and/or nature of uses of surrounding property.
~...~ f'rl.k!nl-i\~.1 .:."i {/lr--/ oU1.1'- ~,
Will the re-zoned designation be compatible with the classification and use of adjoining landS?@ No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classificatiOn?~1 No
If No, why are you requesting a change in the permitting uses?
pWNER/APPLlCANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the property, a copy of
the contract may be used in lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name: C-"\ ?'. V18. m c.'II" 7J I.p rs, I \ 1 rr~
+- (
Applicant's Address: L.\ I ~ SL0 3C1 ~ T IS Lj ~ 0 Phone: G~ 0 =3 -.7 .3 ~ - 3 S"3:5'
Property Owner's Name: G:.?':v'\ e...- tYl/____1<J. l1-f-Pf~ ,I. ~ II:
I
Property Owner's Address: Phone: q 0 Z, ~ -;~' _ -=3 535-
.....................................................................................................
RijQU/RED SUBMITTALS (check those items which are included):
@j:;ompleted application signed by the owner/applicant
'IZf Copy of a deed with metes and bounds
o Permission lelter from owner
o Copy of contract to purchase the property
If Planned Development requested, include also:
o Four (4) copies of a preliminary site plan
I have carefully read the complete application and know the same is true and correct. J hereby agree to comply with all provisions of local,
State, and Federal Laws will be complied with, whether herein specified or not, I certify that I am the owner of the above property or his
:~::;horiZ~ ~ Address '-\I~ s'W ~q S-t-'
Print Name: 11"\ '- (' ~ Phone Number: q 0 ~_ -, ~ q _ .~ S 2> c:::>
Date: ~- _~~ _ .~_ Fax Number:
SWORN TO AND S~gbV~FORE ME this 2:dday of
FEB 2 2 2007
FILEt~~~!S
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lIO-WA""ANTY DIU IWIftI "--'. LIDll
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{U4t ~tat~ Df {Urns, }" EtUtlU JJl11Rm by m~tJlt 'rtJlt~~:
Ganmfg Df LAH.U ' .
That WB, JtA.LI'H I. wALlCla and vlfe, my K. WALKER,
.,
of the County of
Stat. of ' 'l'exa.
for aad III eon.identloli
liarI'Ll
of the .um of
. . .
1.
------'1'EN AND NO/100 ($lO.OO)-------------~------.--------_____DOLLARS..
Cash and other qood and va1uabl. con.lderatlon
to us paid, and .ecured to be paid, by
XEltoOauIx
GENE If.- MCWA'l'ERS" JR. and wife, CECZLIA MCWA'1'ERS the receipt of which
is hereby'acknowledqed, and $115,000.00 paid by ~e Llberty National
Blink in Paris, for the ghantees hereln, at their .peclal lnstance and
request, which sald su. uf $115,000.00 ls evidenced by vendor'. llen
note of said grantees of even date, payable to The Liberty National
Bank in Paris, 1n annu~l installments of a6,262.65 each, beqinning ,
July ~1971, andS16,262~65'on the15thday of July of each year thereafter
until the full amoun~ of said note is paid, bearinq interest from date
at the' rate of 9 1/4% per annum, interest payable annually as part of
said annual payment: the vendor'S lien retained herein being hereby
transferred and assigned to The Liberty National Bank in Pari., and it
is Bubr09'ated to all the, rights thereto as if it were the original
qrantor: which sdd indebtedness is further secured by a Deed of '1'rust
of grantees to F. D. Mallory, XXX, '1'rustee, for the benefit of the
holder of said note: .
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hay~ Granted, Sold lad CoDy.,.ed, Ind by the.. pteatalt do Gra,at, Sell .ad 'ConYeT, ~nto th,'..ld
GIBI W. MCWA'1'!:RI, a. and "lfe, ClCILIAMCWA'1'IRI
I of the County of Loar State of 'l'exa.a11 that certala.
I tract or parcel of land, 81tuated in Luu County, '1'aali, a part of the r..>
Isaac Cruise Burvey, contalning 91.094 acres, and for a more complete
. descriptlon, see Exhlbit A, attached hereto and made a part hereOf.
f
mG 5811~~~ 528
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EXHIBU'A
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" 111$1 . . .' .
V 91.094 Acre" all that certain lot, 'trAct o~ pArcel of lAnd ,.ituated'
in the county of LAmar and State of Texas, desoribed aa follows,' to 'wlia
Beinq Lot No.3 of ' plat "8" part of the ISAao Cruise Survey' Ab.t. .
162, in Lamar County,TexA8, about 3 miles from the city' of Paris;:
BEGI~NING at a stake 1n the middle of Bonham Road on the E.B. line
of a 521 Acre traot deeded byR. Peterson to John FQwler, the same bein9 t~
northeast corner of lot No.1, '.' . . ,
TIIENCENORTH with the E.B. line of said 521 acre trAct 1168~99 vr.. . .
to the southeast corner of A tract sold .to C..R~ Carl,ton, 'see VoL 98,
page 292, of the Lamar County Deed Records,.
THENCE WEST 449.95 vrs. to the southvest corner of said Carlton
tract, .
THENCE SOUTH 1168.99 vrs. to A stake in. the middle of Bonham Ro/ild',
Lot No.1, '.
THENCE with the N.B.Line of 'Lot No.1 in the center of said. road
east 449.95 vrs. to'the place of beqinning,containing 93 acres same ,. "
being a part of tho land of the J.L. Fowler estate and particularly , \
to Dona Fowler ,one of the heirs of said J .L. Fowler, see district .' ,', ',~
court minute book 11, page 417, to 425, and same property described, .;. ....llli.:
in deed to C.M. McWherter by H.P. Mayer et al and recorded in Book ',<.)'~
187, Page 157, Lamar County Deed Rl'lcords as more fully appears by deed'
executed by H.'P, Mayer and N.H. Ragland to C.M. McWherter of date
~:~~~ ~~;~;;;:~:;:;n :;;~~ ~~::;;~;~~~;:~~~~~;::;::;;:::'~~.':' ."/,\~~,
AS a right of way for a publichiqhway, described by metes And bounds ' , , .,..
as follows: I' .
BEGINNING at StA.5979.3 in center of Highway Son westa. line of
road South to Gordon County Club, the same being the northeast'corner of'
the 93 acre tract of M.L. Maxwell; .
THENCE WEST 1246.8 feet a stake on the east boundary line of
Mrs. Etta Stokes land,
THENCE'SOUTH 50 feet a stAke on the south boundary line of SAid
highwayS; .'
. THENCE EAST 1246.8 feet A stake,
THENCe NORTH 50 feet to the place of beginning, contAining 1.428
Acres of land, in Lamar County,Texas.
SAVE AND EXCEPT .478 acres situated in the County of Lamar , A part
of the Isaac Cruise Survey, Abst. 162 , about 3 miles from the city"
of Paris, Texas,a part of the property described in deed from First
Texas Joint Stock Land Bank of Houston to P.L. Lindsey recorded in' Book , "
255, Page 218, Lamar County Deed Records.
BEGINNING at a stake in the EB line thereof, 1158 feet South of .the
NE corner of said tract;
THENCE SOUTH with the EB line thereof, 140 feet, a stake,
THENCE WEST 150 feet, a stake, '
THENCE NORTH 110 feet, A stake;
THENCE EAST.IO feet, a stake;
THENCE NORTH 30 feet, A stake,
THENCE EAST 140 feet to the place of beginning, containing .478
.aores of land.
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, THE STATE OF TEXASt
COUNTY OF LAMAR
BEFORE ME, Ihe undenl,ned, a Nolal'J' Public In and lor laid Counl7 and Sllle. on'lhil cla, pe'lOlIllI,.appeared
Ralph z. Walker '
known I. to be the penon whoae name i. lub.cribed 10 the lorelloing Inllrument. and acknowled," to
',. r8' ~..u.e eaecated lhe ..me lor lhe purpo"" and conllderalion thereln upre..ed.
..~ GIVEN UNDER MY HAND AND SEAL OF OFFICE.
Ihll ~he ~, 4117 ~I VV t. Y A. D. 19 76
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NotariPublic In and lor 1.aIIl~ ' Count,.. Texa.
SINCLE ACKNOWLEDGMENT
IINCLE ACKNOWLEDGMENT
f
, THE STATE OF TEXASt
, COUNTY OF HARRIS
DEFORE ME. Ih. underel,ne",1 Nola" Public In and lor .aid ,Coanl,.' and Slale, onlhla da1 per.....llr appeared
MaryE. Walker
, ,known to me 10 be lhe perlOft who.e name '
me Ihal . he ..eeatcd, lhe lame lOr
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t. .ub.cribed 10 Ihe lorellolnl' Inllrament, and a.knowled," 10
lhe purpolel and con.ideralion Ihernn expruted.
GIVEN UNDER MY HAND AND 'SEAL OF OFFICE,
Ihll Ihe ~ S" day 01 , H ,A. D. 1976
_..,,~~.._.~.~....,.._..-:,........,.._._...__....,.._.__.:....-
Nolar, Public In and lor MOntgome ry" ',Counl,. T....
r~RPOIlATJON ACKNOWLEDCMEftT
THE STATE OF TEXAS~
COUNTY OF
, BEFORE 'ME. lhe anderlllned. a Notal'J' Public In and lor laid Counl)' an" SIIII. on lhll da,. personally appeared
, ' knOwn to me 10 be Ihc perlOn and olliter
whOI' name II lub.ctibed 10' lhe lon,oln, Inllrumenl and acknowled,ed to nle 'Ihal 'he lame wa. Ihe acl of lhe aaitI "
a' corporal ion, and Ihal he cxc~uled lhe lam. at Ihe ad of auth corporallon IIll' lh,' ,"......t Ind con.ld.rallotl lhenl.
, cxprca.ed. and In the capaell, Ihereln Ilaled. ' ". ' ,
, GIVtN UNDER MY HAND AND SEAL ,OF OFFICE, , '
Ihla Ihe da,. of ,'A. I). 19
(1.. S.)
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Nolal'J' Publ,lc In and lor
Counly. Tnaa
'~U~TSyT~~ OF TEXASt { , ,
1 HEREBY CERTIFY lhal the fol'tlOln,lntlrumtnl of wrllln, with II.eerllll.:.lt of a.lhetttleallon, ....,... fill'
~~ord ,In m',ollic, on 'he .,.,. 01 "A, ~. If II o'clock M..
Ind w.t dulrrecordcd II,. me on Ihe d.,. 01, 'A. D. l'
III VoL" . p.... " of Ih, Recordt 01 1.141 cOulll'; ".
he'~- WlndTNESSIaM,Y ~~allnd lhaSe.. of 'he Counl, Coo,,';" NI;4 CotulI1, al ill)' ollie,.. . ' if"~
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Property Description
Re Zoning
Meadow Park Phase IV
Situated within the Corporate Limits of the City of Paris, Lamar County, Texas, a
part of the Isaac Cruse Survey, Abstract 162, also being a part of a 91.094 acre tract of
land conveyed to Gene W. McWaters, Jr., and Cecelia McWaters by deed recorded in
Volume 581, Page 528, of the Lamar County Deed Records, and being further described
as follows:
Beginning at a point in the South Boundary Line of U.S. Highway 82 at the
Northwest corner of said McWaters tract and also being the Northeast corner of the
Kaywood Addition No.2 as shown by plat in Envelope 198-A of the Lamar County Plat
Records;
Thence South 890 23' 00" East along said South Boundary Line a distance of
250.00 feet to a point for the Northwest corner of a tract ofland previously conveyed out
of said McWaters tract and described as Tract One in a deed to the County of Lamar
recorded in Volume 496, Page 317, of the Lamar County Real Property Records;
Thence South 000 36' 00" West along the West line of said Tract One a distance
of 300.00 feet to a point for comer;
Thence North 890 23' 00" West a distance of250.00 feet to a point for comer;
Thence North 00036' 00" East with the West Line of said McWaters tract a
distance of300.00 feet to the place of beginning and containing 1.722 acre ofland.
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TO:
Honorable Mayor and Members of the City Council
Planning & Zoning Commission
Lisa A. Wright, Director of Community Development Y
FROM:
SUBJECT:
Site Plan for Coplin Square
DATE:
February 28, 2007
I have reviewed the site plan of the above-subject property and have found the following
issues that must be addressed:
1. Show the location and width of all easements.
2. Show the exact distance the proposed building will be from the platted lot lines.
Setback requirements are determined by the zoning of the adjacent property, and the
requirements of the more stringent district rule; therefore, the rear setback of the
property must conform with the setback requirements for the SF-2 zoning district
adjacent to the south property line, which is 10 feet. The site plan shows the building
being 4 feet from the rear property line.
3. Parking lot:
a. Show the location of the fire lane.
b. Show the location of the off-street loading space. The space must be a
minimum of 10 feet by 25 feet.
c. Show the location of the trash receptacles. The large "X" shown near the
southwest comer appears to be a receptacle; however, the Legend indicates
that "X" is a traffic box. This needs to be clarified.
d. Provide a pavement design report indicating the materials to be used and the
proposed pavement widths.
4. Show the location of proposed exterior lighting, including heights of poles and size
and number of fixtures.
5. Show the location and dimensions of the proposed signage for the development.
6. Include a table with the following general information:
a. T otalland area in square feet
b. Total building area in square feet
c. Total percentage of land covered by buildings
/lw
cc: Ernie Clark, Interim City Manager
Shawn Napier, City Engineer
Brandon Chaney, P.E., R.P.L.S.
Wayne Brown
MEMORANDUM
TO:
Mayor and City Council
Planning and Zoning Commission
Shawn NapSJf\.
City Engine" ti~ctor of Public Works
February 27,2007
FROM:
DATE:
SUBJECT:
Site Plan for Coplin Square
I have reviewed the site plan of the above referenced location. A full set of construction plans
should be submitted to the Departments of Engineering and Community Development for
review. The plans should include but not be limited to the attached checklist. The following
items should also be addressed.
1. Tree Planting.
2. Connecting the existing 2-inch water line to the proposed 6-inch water line.
3. The driveway curb return can not extend past the projected property line.
cc: Ernie Clark, Interim City Manager
Lisa Wright, Director of Community Development
Brandon Chaney, P.E., R.P.L.S., Chaney Engineering Inc.
Wayne Brown
o
o
o
o
o
o
o
o
o
CITY OF PARIS ENGINEERING DEPARTMENT
DEVELOPMENT PLAN REVIEW
Address:
1.
Submit a complete Grading and Drainage Plan sealed by a Texas Registered Professional Engineer. This plan
will show existing and proposed contours, including those on adjacent properties, and finished floor with pad
elevations (Elevations tied to City of Paris / FEMA benchmark). Show a drainage area map and drainage
calculations (pre and post development). Show all existing and proposed drainage structures. Show
individual lot grading plans for all developments.
2.
Submit a utility layout plan, sealed by a Texas Registered Professional Engineer, indicating existing and
proposed water and sanitary sewer facilities and services, including water meter size with backflow
prevention device (indicate usage if domestic, irrigation, etc.) and locations. Water meter shall be in the
City's R.O.W. or easement and backflow device on private property adjacent to the meter..
3.
City of Paris Fire Department requirements include a fire protection plan (Call Vance Woodard if you have
any questions at 903-784-9222). The installation and location of all fire hydrants shall be included on the
utility layout plan. A fire department cOlmection yard pipe is required if building is sprinkled.
4.
Include a dimensional control plan that shows all the existing and proposed fire hydrants, the fire department
connection yard pipe, fire lanes and all layout dimensions. Show all existing and proposed easements on the
plan. Check the Major Thoroughfare Plan for future street extensions and configuration.
5.
All plans shall be signed and sealed by a Texas registered professional Engineer. The Developer and
Engineer are responsible for providing as-built plans prior to final acceptance of the project.
6.
Include a copy of the plat or deed and show all the easements on the property and adjacent to the property.
Provide a cover page; include the address, name of subdivision, lot number, block number of the property,
vicinity map and the required text. Also, include Developer(s) and Engineer's name, address, and phone
number. All property shall be platted prior to development (See City of Paris Building and Platting Process).
7.
Driveway & Utility permits are required for work performed in Texas Department of Transportation Right-
of-Ways. For driveway permits inside the loop 286 the permit shall be completed by the developer and
submitted to the City of Paris for permitting. All other permits should be submitted to the Paris Area Office
of the Texas Department of Transportation to Steve Hodges (903) 784-1357. All driveways shall be
permitted by the City of Paris.
8.
Property is in a FEMA floodplain. A flood study may be required. Show floodplain on the grading and/or
Drainage plan. Check the Master Drainage Plan (all channels shall be concrete lined).
9.
Submit 3-sets of civil plans to the Engineering Department for review. Please allow 2-3 weeks for Review.
Reviewed By: Shawn Napier. P.E. (903) 784-9292 Date:
DPLANREV(8-15-05)
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
. P. O. Box 9037 . Paris, Texas 75461 .903-784-9234
_ ~~JC(Y~
For Omee Use Only Request Number:-a:ill'1:.~
Date Rcvd: 6~ 11t4 \0'-\ Mtg Date:
APPLlCA rlON FOR ZONING CHANGE
TYPE OF ACTION REQUESTED:
o Zoning Change
o Specific Use Permit
[]..plarmed Development
PROPERTY INFORMATION:
Address: 3010 L~~~R
Name of Business or Building (ifapplicable): ~ <( ) ?'V
56(..... ~~
Lot
Block
Subdivision
Current Zoning: n~ ~v .
Proposed Zoning:
R-e~/'~ )
What is the proposed use of the property?
24~4~ "Av. rQ.~""'5. C ),-t"l"'d; ), th.i..
Describe the character and/or nature of uses of surrounding property.
Will the re-zoned designation be compatible with the classification and use of adjoining lands? ~/ No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? Ye~
If No, why are you requesting a change in the permitting uses? '7? ~tv...e. ~ ~,.. -(~ ) Q ~ '<'Y>o -<<-... ~ 0:..-
G~
""
OWNER/APPLICANT INFORMA rION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the properly, a copy of
the contract may be used In lieu of a permission letter ONL Y IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name ~~~~. ~J..I.m./
Applicant's Address: ' ::Jj L -A.-:<rr'fJ-(f7
Property Owner's Name: ~D (rJA-l {v...., ~~ ''V\.JV''.-
Property Owner's Address: 3J~ I L-..f}'"l?1A a Phone: ~i3 </-9/ ....~71s- ;;
........................... .........................................................................
REQUIRED SUBMITTALS (check those items which are included):
o Completed application signed by the owner/applicant
o Copy of a deed with metes and bounds
o Permission letter from owner
o Copy of contract to purchase the property
Phone: ~'} 3.- <J-9; - ~ sLs )
,
If Planned Development requested, include also:
o Four (4) copies of a preliminary site plan
I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly aut~riZed~g nt. ~
Signed, '- ~ ~t: ~ Add'es", 37~i <.. "11-"" "" >'l:
Print Name: .-. ~ ~. >IZ 1 l. ('V Phone Number: "ef3 Y;ci/_ ":ii'4-S )
Date: .L- )"t'- - r, '} Fax Number:
f
SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of r-ebn,{C{ r~ ' 20fl..
NO~~,;~~"""'''".."............
~ J~~~E_YVQ~THAM
FILED:
f:? i-:;:
OCiCi4..4.70 1. D~:~
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Ps
1 8 -~t-
"NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER"
**************************
THE STATE OF TEXAS
WARRANTY DEED
(CASH)
O~5/)SCH-
~
~ KNOW ALL MEN BY THESE PRESENTS:
~
COUNTY OF LAMAR
THAT, WE, THE UNDERSIGNED, BARNEY W. BRAY III AND WIFE, DEANNA BRAY,
hereinafter called "Grantor", whether one or more, for and in consideration of the sum ofTEN DOLLARS
($10.00) and other valuable consideration to the undersigned in hand paid by the Grantee herein narned,
the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto, D. WAYNE BROWN herein referred to as the
"Grantee", whether one or more, the real property situated in Lamar County, Texas and being described
to-wit:
Situated in Paris, Lamar County, Texas a part ofthe GEORGE W. COX SURVEY and
being more fully described as two tracts of land fully described on Exhibit A attached
hereto.
This conveyance, however, is made and accepted subject to the following: 1) Guy and Anchorage Consent
dated April 26, 1951,from O. E. Hayes to Texas Power and Light Company of record in Volume 318 Page 491 Deed Records of Lamar
County, Texas. 2) Right of Way and Easementfrom Floyd E. Malone et we to Texas Power and !-ight Company dated March 27, 1951,
of record in Volume 318 Page 389 Deed Records of Lamar County, Texas.3) Easement and Right of Way to Texas Power and Light
Company dated April 26, 1945, of record in Volume 274 Page 617 Deed Records of Lamar County, Texas. 4) Right of Way Easement
to the State of Texas dated Novemher 21,1947, of record in Volume 298 Page 459 Deed Records of Lamar County, Texas. 5) Easement
and Right of Way to Texas Power and Light Company dated August 19,1953 of record in Volume 337 Page 557 Deed Records of Lamar
County, Texas. 6) Right of Way and Easement to the State of Texas dated November 21, 1947, of record in Volume 298 Page 458 Deed
Records of Lamar County, Texas. 7) Restrictive covenants recorded in Volume 272 Page 349 and"" Volume 318 Page 146, Deed Records
of Lamar County, Texas.
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 Grantee, Grantee's heirs, executors,
administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs,
executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and
singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors
and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof.
EXECUTED EFFECTIVE THE 5TH day of JANUARY, 2007.
Q~< fv-. ~/~
BARNEY . BRAY III . _ '
D~~/
BI-::;
()004-4.:7JO 1.. OF~
V CJ> 1.
:1. 8~39
F=s:IJ
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*************************************
ACKNOWLEDGMENTS
THE STATE OF TEXAS
s
s
s
COUNTY OF LAMAR
The foregoing instrument was acknowledged before me on the 5'f~ay of JANUARY, 2007, by BARNEY
W.BRAYIII. r\. ,,~
............OiANNB'FiANCH! L ~
f Notary Public:
, . E OF TEXAS -\..C.^"""- _ ~
_......:~~~'m:~t~~~::E~2!~2Z~~~: NOTARY PUBLIC, STATE 0 TEXAS
My Commission Expires
Notary's printed name
THE STATE OF TEXAS
s
S
COUNTYOF LAMAR S
The foregoing instrument was aCknowledged before me on the 3'~ay of JANUARY, 2007, by DEANNA
BRAY.
f'..'" """"';'" n.."~""'ep ..$l'D""";:tO'6.r>....'"'I!>A~:a..-o'C;
'" ..' "DIANN BRANCH ~.
[' Notary Public i
'\':;,. STATE OF TEXAS .
'<:.<;i;,i>i.:,\' My Comrn, I1xp. OB/07l20091
.................q..g"..(I~ ~ ~ ~ .....io~........""......"'......o:
_a~;,'l~ ~~j,
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires
Notary's printed name
Grantee's Address:
(, ter Recording, Retur!h to:)
, We. .bit)
Filed for Record in:
LD.IiWJ' Coun I; ~
On: Jo.n 05f2007 v.t 02=21'
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DOCUMent NUMber: 001 (470i
AMOunt: ":4.00
Receipt NUMber - 36189
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TRACT 1:
EXHIBIT A
A par t of t he G eo. W . Cox Survey , des c r i bed by me t e san d
bounds as follows, to-wit:
BEGINNING at a stake in the S8 line of U.S. Highway 82,
formerly Lamar Avenue at the NE corner of the tract of land conveyed
by Harriet Ayres McKellar to O. E. Hayes on July 7, 1944 by deed
recorded in Book 273, Page 442, Lamar County Deed Records.
THENCE WEST with the SB line of said Highway, 200 feet, more
or less, a stake at the NE corner of the tract of land conveyed
O. E. Hayes a nd wi fe, Ruby C. Hayes to Floyd Ma lone by deed
recorded in the Deed Records of Lamar County, Texas;
THENCE SOUTH with the EB line of said Malone tract of land
667 feet, more or less, at stake at its SE corner in the SB line
of said McKellar-Hayes tract of iand;
THENCE EAST with said 58 line 200 feet, more or less to the
SE Corner of said Hayes-McKellar tract;
THENCE NORTH with the W8 line 660 feet, more or less, to the
place of beginning.
SAVE AND EXCEPT AND LESS the following described tract of
land heretofore conveyed to O. L. Rainey by deed dated May 9,
1975 of record in Book 569, Page 516, Lamar County Deed Records.
A part of the George W. Cox Survey within the corporate limits
of the City of Paris and of the tract of land described in deed
from Lois Lorene Hayes to David C. Hayes dated November 12, 1965 of
record in Book 436, Page 371, Lam~r County Deed Records, described
by metes and bounds as follows in accordance with a survey made
by W. R. Abbott, Registered Public Surveyor on April 28,1975.
BEGINNING at a stake at the SE corner of said David C. Hayes
tract of land.
THENCE NORTH with its EB line 383 feet, a stake;
THENCE NORTH 86 Deg. 35 Min. West 200.2 feet, a stake in the
WB line of said Hayes tract of land;
THENCE SOUTH with said WB l.ine 395 feet, a stake at the
5W corner of said Hayes tract of land;
THENCE EAST with its 58 line 200 feet, to the place of beginnin
containing 1.79 acres of land.
TRACT 2:
COUNTY CL.mK'S MEMO:
PORTIONS OF THIS DOCUMENT
ARE NOT REPRODUCIBLE
WHEN RECORIJ~g
Situated within the corporate limits of the City of Paris, County of Lamar
and State of Texas, a part of the George W. Cox Survey 11164 and being a part of a
tract of land conveyed Floyd E. Malone by deed recorded in Vol. 313, Page 174 of
the Deed Records of said County and State.
BEGINNING at an iron pin for corner in the South Boundary Line of Lamar Ave.,
at the present Northeast corner of said Malone tract of land.
THENCE WEST along the South Boundary Line of said Lamar AVe. a distance of 50
ft. to an iron pin for corner;
THENCE SOUTH a distance of 225 ft. to an iron pin for corner;
THENCE SOUTH 76 Deg. 30 Min. East a distance of 51.4 ft. to an iron pin for
corner;
THENCE NORTH along the East Boundary Line of said Malone tract of land a
distance of 237 ft. to the place of beginning and containing 0.265 acre of land.
In
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Scale: 1~ = 20'
Job Name: 209DEC06
Site Plan
Coplin Square
Wayne Brown
Owner and Developer: Phone:(903)782-9aoo
Prepared By; Phone:(903)764-6393! Jan.
Chaney Engineering Inc. Fax: (903)783-9629 2007
MEMORANDUM
TO:
Mayor and City Council
Planning and Zoning Commission
Shawn Napier, P~. \~
City Engineer / D~e~to\ of Public Works
February 27, 2007
FROM:
DATE:
SUBJECT:
Meadow Park Addition Phase IV
I have reviewed the final plat of the above referenced addition. It appears that the final
plat complies with the City of Paris subdivision regulations. I recommend approval of the final
plat as submitted.
cc: Ernie Clark, Interim City Manager
Lisa Wright, Director of Community Development
Brandon Chaney, P.E., R.P.L.S., Chaney Engineering Inc.
Gene McWaters
I 31 I I~)i
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~park
Scale: '" = 100"
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F .I.P.-Fot.nd Iron PIn
S.I.P.-set Irm Pin
Chaney...._.1nc.
(llO3) 784-6303
fie IIIIfIJIr. 29IIOd03
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APPROVN.. CERTlACAnOH
- I
_0: DATE
",,"",,--""'''''*'''~
DATE
ACCB'TED:
_.COr"'......
n. ............ .. CIty a.tl. of.. CIty of P.. hInIby CIfIIiM .... ..
fDrw9aing nwp or .... of
T__.........."..CllyColh::lOll... day'0I
n be Ccud by tDrmII..". WId tIere
_....-.01-__-.__
...... M1d......... _1hlMn In Ind t.,on aid nwp Dr' _-.:I Mid Counci
fIJrIw~"I.IIyor"noIt" ~"""bv~ ~ hIfI18
_ herein 1Ibscribed.
war..,..,.f-..f.1d....... ~d
"-0
CltyCllJrk.CltyafPIR
STA l'E OF TEXAS
COLO<TY Of lAMAR
BERlRE ME.... ~"""..""" filltClIl.,r;t far
eaId Cow1Iy a1d S1lde.on" d8y ~ ~ ~ ~
knolIlf't k) me m be I1e penon whose n8ITl8
1s~1D.........~and'~m--hlI
.....~ __ b" ~a1d 00NId8mI0n then*l eMp'lIIIII88d.
GIVEN UNJER UV HAND AND SEAl OF OFFICE, HI------,
day of .11..0.2007.
NOTARY PUBUC. STATE OF TEXAS
"'"" .....
Sltl.IaIed wIhIn the Corpor;JIe l.Jds flthe CRy fI ParIs. Ulnar 0Jtrty. Texa5. a
p!lft d &he tsak Ouse $I..neJ, AbsIrac:t 162,. abo being . p.vt cI a 91.Q94 kJ'e
""" d _ __to Ga>e W. ....-.. ". and Oloelia ........- by'-
_ "_581.'" 528, d......... Coun<V DMl_ and
being--"-:
~ In the SolA Bomdary lft rI us. tfi!jJtwAy 82. -. the Nar1tJwrest
Olfnerclsald MtWl!il!rStract mdalso IJejng the~<Xll'nl'!I' d thto
~ _ No.2........ by.... in _ 191h'\<I........... Carty
--
1bln2 Soulh 89" U 00' EiISt: 8long Slid SOIAt ~ Une ill ci:sQ1"ltI! of
250.OD teet to. poW for the ~ ~ rA a trBct d land pretIousty
o::nvet<<I O!A" d $lid McWaterS IrM"" des&:Tbed as. Trad One- in 1 deed to the
ColrIty d l.amiw reoJtded in YoIume 196, Page 317, cI the umar CDlriJ Real
-- .
l'hena! SolJ:h 0CJl' 36' 00" west aorg the West Mne d said Tract One a dE.bD:e
d8n.97feettoan Iron pin sd:l'oroomer,
~ North as- 20' 32'" Wet. di:Qnae d 100.25 feet to It point for CDfT'Ief;
1hEn:e South 00'" 36' OCJ' West ill dstance fA 191 n t.!d to an iron pin set fix
lDIler;
l'heloe North 89'" 23" 00'" West a dl5lance d 150.00 feet: 10 an Won ptn set for
"""""
1hen<e North 000 J6' 00" fast 1JS91i3 fat ID.... ~ d beginring and
OJrlI2Inlng 6.678 eaes rA 1Dnd.
I." -O>onev. _ """""""'lAnd _ No. ""57._d
T_ _ thatll1e _ PIal and Add NolesdqJi<:l and repreoent III actual
s..vq madr: on tte ground undP.r."., ~ an:I twshed
2007.
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.. ....- O>onev
R.P .LS. No. 4057
I herebr certify Ihst this property do9s not "'" in 11 l\ood-9'QM 8198 IJ5 indicated by fudetellood in5unn:::e maps.
R. Bnlndon O'l8rwy, R.P LS. No. -4057
OEDICAllON
We. Gene W. UcWabin. Jr_ rm CeooIiiI McWa~, 0Wf'Iel'1; or I1C herein desICI'med lnld of land do
t--.y eerily hi( _ have ~ ....10 be PIBtlIld.. shcMn, Ihi do honIby ~ to .. PIiJIic the
~ and RIghkJf-WIrv _.oo.n. .ndthe _Ie d....tr8Ct&..... be In ~"'Ihb Plat
OWNER
OWNER
GUARAHTEE
We. GciMw W. UC:WalBrs. Jr...and CeoeIIa McWaIIn, ~ ofth8 her8ln desatbed tracts of land,
do hereby ~1he~pen<l ~ ueed" lheQXl81ruc11on 100 Instull8lJon of I11II9qUhd
Cily IIdIies lor. pemd of one (1).,eer Ircm appovlII 01 tis_
DEVElOPER
DEVELOPER
STATE Of TEXAS
COUNTY Of........
BE"--oRE toE. tM ~ auhdy. III NoI8ry PWItc., -.d tor 1I8Id CIultv end SIN on INs d8y per8CfWJlly eppeared
Gene w. M&WBIBn. Jr.. and CeoeCiB JkW.... known 10,.-10 be.. ~ who8e I1Rfn88 8nt -..t:Mnjbqd to'"
bnlgoq ~ and~1o..ht..,-.cuIIiId$WMforlhepwpoMand ~1henMn~
GIVEN lM)ER M"f tW<<)ANI) SEAL OF OFFlCE. v. _day of . kD. 2007.
NOTA.RY-PUBLlC. STATE OF TEXAS
FINAL PLAT
PHASE IV
MEADOW PARK ADDITION
PREPAAED IN';
CHANEY ENGINEERING INC.
PH..9ln-7ll4-6393
6.678
ACRES
Owner & Dew>Ioper:
Gene McWal8tS
415 S.W. 39th Sftel
P8ri:II. IX 15460
Pl1ono: (l103J T.lll-3S3S
SHEET
1OF1
March 2007
MEMORANDUM
TO: Mayor and City Council
FROM: ::::n::.~ d rZ/Ag Commission
CIty ElllP:<1 t'"\
DATE: February 28,2007
SUBJECT: The Hills Revised Master Plat
I have reviewed the master plat of the above referenced addition. It appears that the master plat
complies with the City of Paris subdivision regulations with the following exceptions.
1. List all of the street names.
2. Show the existing and proposed fire hydrant locations.
3. Clarify the number and sizes of all storm drain curb inlets and pipe sizes.
I recommend approval of the master plat upon completion of the above items.
cc: Ernie Clark, Interim City Manager
Lisa Wright, Director of Community Development
Brandon Chaney, P.E., R.P.L.S., Chaney Engineering Inc.
Wayne Brown
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LEGEND
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I~ESIDE:\TIAL Ai\D ACHEAGE LOT~:
CtTY OF PARIS UTILITIES WATEE AND SEWEH
"OETE IA'vlAP I.S,f),
l:~;2,~>14 AChES
OWNEH & DEV;::l.OPEE
BHOWNSTONl~ DEVELOBIENT
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REVISED MASTER PLAT &
PRELIMINARY DRAINAGE PLAN
FOR INSPECTION PURPOSES ONLY
PREPARED BY CHANEY ENGINEERING. INC.
P40Ne: 'qC3.-784."3~3.
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MEMORANDUM
TO: Mayor and City Council
Planning d Zoning Commission
FROM: Shawn Na oe.t\r.E.
City Engi del' \
()
DATE: Februar 28,2007
SUBJECT: The Hills, Phase V
I have reviewed the preliminary plat of the above referenced addition. It appears that the
preliminary plat complies with the City of Paris subdivision regulations with the following
exceptions.
1. Provide an address for the Owner.
2. Label the Right-of-Way (ROW) widths.
3. Provide street names.
4. Provide an additional fire hydrant at the NE corner of the street junction. Label the other
fire hydrants.
5. Submit construction plans to the Engineering Department for review along with the
corrected preliminary plat.
I recommend approval of the preliminary plat upon completion of the above items.
cc: Ernie Clark, Interim City Manager
Lisa Wright, Director of Community Development
Brandon Chaney, P.E., R.P.L.S., Chaney Engineering Inc.
Wayne Brown
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PRELIMINARY PLAT
FOR INSPECTION PURPOSES ONLY
THE HILLS: PHASEV
t..,~ ~'__""""
OWNER & OltVF.LOPEI'l
sPCl'.....NSTONE D!:V~;LO"'ME:NT
PHONE: (903) 782-9800
CMneyEngln8!:!ri"g.ln~ Ph"o0!90J.7114.bJ9J
PrllPM~dBy 722 1?thSI S,E_ Pans. T. Fa.:903.7!lJ.9629
MINUTES
REGULAR MEETING
PLANNING AND ZONING COMMISSION
CITY OF PARIS - CITY HALL
COUNCIL CHAMBERS
107 E. KAUFMAN STREET
PARIS. TEXAS
MONDAY. MARCH 5. 2007
5:30 O'CLOCK P.M.
1. The regular meeting of the Planning and Zoning Commission on Monday,
March 5, 2007, was called to order at 5:30 p.m. by Chairman Reeves Hayter.
A. The following members were present:
Reeves Hayter, Chairman
Marshall Kent, Vice-Chairman
Bobby Myers
Richard Hunt
Benny Plata
Fran Neely
B. The following members were absent:
Darin Manning
Barbara Forrest
Brad Archer
C. Also present were Brad Osborne, Engineering Technician, and Jeanna
Scott, Administrative Assistant.
2. Approval of minutes from previous meetings. Motion to approve the minutes
of the February 5, 2007, meeting was made by Benny Plata, seconded by
Marshall Kent. Motion carried 6-0.
3. Public Hearing to consider the petition of Shirley Posey for a change in zoning
from an Agricultural District (A) to a One-Family Dwelling District No.3 (SF-3)
With Specific Use Permit (39) Mobile Home on Lot 13-F, City Block 324, being
located in the 3400 block of Old Tiger Town Road.
The public hearing was declared open.
Shirley Posey stated that the home she is looking to place on the lot is a nice,
double-wide mobile home. She said that the yard would be landscaped and
felt her home would improve the value of the land. Ms. Posey went on to say
she will be placing the mobile home on the back portion of the property in a
grove of trees.
Mike Russell, Century 21, Agent for Ms. Posey, stated this is a nice home of
2,100 square feet, and he believes use of property is suited for a mobile home,
and property values would not be affected.
The following opposition was present:
v. Houston stated his property adjoins this piece of property and he did not
want mobile homes coming into the area. The zoning change will set a
standard that others will follow.
Ricky Powell, who purchased property across the street, is building a large
home valued at $310,000. Mr. Powell stated that he selected this property
because there were no mobiles in the area. He feels the mobile home will
devalue the land and bring his property value down.
Jimmy Hall, 1805 Pirtle Hall Dr., stated he is strongly opposed to mobile
homes coming into the area. Mr. Hall believes there will be an adverse affect
on property values.
Gloria Pirtle, who lives next to Mr. Hall, stated she does not want property
values to go down and feels a mobile home would cause devaluation. She
also stated that where Ms. Posey wants to put her trailer floods. She is totally
against changing zoning for a mobile home.
The public hearing was declared closed.
4. Consideration of and action on the petition of Shirley Posey for a change in
zoning from an Agricultural District (A) to a One-Family Dwelling District No.
3 (SF-3) With Specific Use Permit (39) Mobile Home on Lot 13-F, City Block
324, being located in the 3400 block of Old Tiger Town Road.
Benny Plata stated this is the type of home we want to come in. This is a
double wide, nice home and will be set far back on the property and not be
visible from the road. Mr. Plata asked if there was away to stipulate that the
mobile home placed on this property be a double wide. The Commissioners
asked about the status of the ordinance regarding mobile homes. Mr. Hayter
stated that, with the new City Attorney just coming on board, they have not
been able to address it yet. Ms. Neely stated we denied this before because
we were waiting for the new ordinance governing mobile homes. Mr. Myers
stated this looks like a nice home.
Motion was made to approve the zoning request by Benny Plata. Motion died
for lack of a second. Motion was made to deny the zoning request by Bobby
Myers, seconded by Reeves Hayter, who stated that he is not opposed to her
house; however, he can't tell by the paperwork were this is going to sit on the
._^' ,._.-, ......-..-.----.-----,.------..'.
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19.3 acres and feels like he is being asked to approve without knowing who
will be affected. Motion carried by a vote of 5 ayes and 1 nay.
5. Public Hearing to consider the petition of Alan Whitley for a change in zoning
from an Agricultural District (A) to a Commercial District (C) on Lot 2, City
Block 401, being number 6245 Clarksville Road.
The public hearing was declared open.
Alan Whitley, property owner, stated he wants to put in a crematorium on the
property. He states there will be no extra construction because the oven will
go into the existing building. This will not be open to the public, and he will
contract with area funeral homes. Mr. Hayter asked how big the property is?
Mr. Whitley stated it is a little more than 2 acres; however, the paperwork
submitted to the commissioners reflected the total survey of 45 acres. Mr.
Whitley stated he only wanted to change the zoning on the 2 acres.
There was no opposition, and the public hearing was declared closed.
6. Consideration of and action on the petition of Alan Whitley for a change in
zoning from an Agricultural District (A) to a Commercial District (C) on Lot 2,
City Block 401, being number 6245 Clarksville Road.
Commissioners felt the application needs to reflect the 2 acres Mr. Whitley
wants to change the zoning on. Mr. Plata stated asked what difference it
makes because all of the property in the area is going commercial. Mr. Hunt
asked if Mr. Whitley can get this fixed if the item is tabled.
Motion made by Richard Hunt to table, seconded by Fran Neely. Motion
carried by a vote of 6 ayes and 0 nays.
7. Public Hearing to consider the petition of John Bell for a change in zoning
from a Two Family Dwelling District (2F) to a Parking District (P) on Lot 1, City
Block 143, being numbers 525 and 527 8th Street S.E.
The public hearing was declared open.
John Bell, 2300 Clarksville, stated that the location of the property is directly
across the street from Heritage Care, which is expanding its facility and
needs additional parking.
Barbara Locke, 500 9th Street S.E., owns property across the street. Mrs.
Lock stated she is in favor of this zoning change.
--- "--' --""" " "-r"' ..
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Ed Siedle, 1363 Pine Bluff, owns property north of the proposed zoning
change, and he has no problem with zoning change.
There was no opposition, and the public hearing was declared closed.
8. Consideration of and action on the petition of John Bell for a change in zoning
from a Two Family Dwelling District (2F) to a Parking District (P) on Lot 1, City
Block 143, being numbers 525 and 527 8th Street S.E.
Motion was made to approve by Richard Hunt, seconded by Bobby Myers.
Motion carried by a vote of 6 ayes and 0 nays.
9. Public Hearing to consider the petition of G. W. McWaters for a change in
zoning from an Agricultural District (A) to a One-Family Dwelling District (SF-
2) on Lots 1, 2, 3, and 4, City Block A, and Lots 1, 2, 3, and 4, City Block B,
being located in the 4400 block of Bonham Street.
The public hearing was declared open.
Gene McWaters, property owner, stated that this was a small piece of the 91
acres that was originally purchased. There was a small corner of the property
that was not changed when the original zoning change was requested. This
is a part of the Meadow Park Phase V addition.
There was no opposition present, and the public hearing was declared closed.
10. Consideration of and action on the petition of G. W. McWaters for a change in
zoning from an Agricultural District (A) to a One-Family Dwelling District (SF-
2) on Lots 1, 2, 3, and 4, City Block A, and Lots 1, 2, 3, and 4, City Block B,
being located in the 4400 block of Bonham Street.
Motion was made to approve by Marshall Kent Jr., seconded by Fran Neely.
Motion carried by a vote of 6 ayes and 0 nays.
11. Consideration of and action on the Site Plan of Coplin Square, Lot 1, City
Block A, being number 3070 Lamar Avenue.
Motion was made by to approve subject to the City Engineer's and Community
Development Director's respective recommendations by Richard Hunt,
seconded by Bobby Myers. Motion carried 6-0.
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12. Consideration of and action on the Final Plat of Meadow Park Addition, Phase
IV.
Motion was made to approve subject to City Engineer's recommendations by
Fran Neely, seconded by Benny Plata. Motion carried 6-0.
13. Consideration of and action on the Revised Master Plat of The Hills
Subdivision.
Motion was made to approve subject to the City Engineers' recommendations
by Bobby Myers, seconded by Richard Hunt. Motion carried 6-0.
14. Consideration of and action on the Preliminary Plat of The Hills Subdivision,
Phase \I.
Motion made to approve subject to the City Engineers' recommendation by
Benny Plata, seconded by Fran Neely. Motion carried 6-0.
15. The meeting adjourned at 6:52 p.m.
APPROVED THIS 2ND DAY OF APRIL, 2007
Reeves Hayter, Chairman
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MEMORANDUM
TO:
CITY MANAGER
FROM:
DATE:
LISA A. WRIGHT, DIRECTOR OF COMMUNITY DEVELOPMENT
MARCH 6, 2007
SUBJECT: PLANNING AND ZONING RECOMMENDATION AND REPORT
1. Consideration of and action on the petition of Shirley Posey for a change in
zoning from a Agricultural District (A) to a One-Family Dwelling District No.3
(SF-3) With Specific Use Permit (39) Mobile Home on Lot 13-F, City Block 324,
being number 3400 Old Tiger Town Road.
DENIED
5 AYES
OPPOSITION PRESENT
1 NAY
2. Consideration of and action on the petition of Alan Whitley for a change in
zoning from an Agricultural District (A) to a Commercial District (C) on Lot 2,
City Block 401, being number 6245 Clarksville Road.
TABLED
6 AYES
NO OPPOSITION PRESENT
o NAYS
3. Consideration of and action on the petition of John Bell for a change in zoning
from a Two Family Dwelling District (2F) to a Parking District (P) on Lot 1, City
Block 143, being numbers 525 and 527 8th Street S.E.
APPROVED
6 AYES
NO OPPOSITION PRESENT
o NAYS
4. Public Hearing to consider the petition of G. W. McWaters for a change in
zoning from an Agricultural District (A) to a One-Family Dwelling District (SF-
2) on Lots 1, 2, 3, and 4, City Block A, and Lots 1, 2, 3, and 4, City Block B,
being located in the 4400 block of Bonham Street.
APPROVED
6 AYES
NO OPPOSITION PRESENT
o NAYS
5. Consideration of and action on the Site Plan of Coplin Square, Lot 1, Block A,
being located in the 3070 Lamar Avenue.
APPROVED
SUBJECT TO CITY ENGINEER'S AND
COMMUNITY DEVELOPMENT DIRECTOR'S
RESPECTIVE RECOMMENDATIONS
o NAYS
6 AYES
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6. Consideration of and action on the Final Plat of Meadow Park Addition, Phase
IV.
APPROVED
SUBJECT TO CITY ENGINEER'S
RECOMMENDATION
o NAYS
6 AYES
7. Consideration of and action on the Revised Master Plat of the Hills
Subdivision.
APPROVED
SUBJECT TO CITY ENGINEER'S
RECOMMENDATION
o NAYS
6 AYES
8. Consideration of and action on the Preliminary Plat of The Hills Subdivision,
Phase V.
APPROVED
SUBJECT TO CITY ENGINEER'S
RECOMMENDATION
o NAYS
6 AYES
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