03-C&D Zoning Change 6245 Clarksville Road
DRAFT
F:ALICE\ORDWORK\CURRENT\3-12-07 Zoning Ords
March 5, 2007
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE
CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES
ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING
A COMMERCIAL DISTRICT (C) ON LOT 2, CITY BLOCK 401, ON
PROPERTY BELONGING TO ALAN WHITLEY, SO AS TO INCLUDE
THEREIN TERRITORY FORMERLY DESIGNATED AS AN
AGRICUL TURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF
THE COMMERCIAL DISTRICT (C) SO ESTABLISHED; PROVIDING FOR
A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL
ORDINANCES ORP ARTS OF ORDINANCES IN CONFLICT HEREWITH;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a
request for an amendment to the zoning ordinance of the City of Paris; and,
WHEREAS, the City Council has subsequently referred said request for amendment to the
Planning and Zoning Commission for its review and recommendation in accordance with the City
zoning ordinance and State law; and,
WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said
proposed amendment to the City zoning ordinance and, following said hearing, made formal
recommendation to the City Council regarding said proposed change; and,
WHEREAS, the City Council ofthe City of Paris did subsequently conduct a public hearing
on the aforesaid proposed amendment to the City zoning ordinance, and having considered the
recommendations of the Planning and Zoning Commission and the testimony and evidence
introduced at said public hearing, found and determined that approving the aforesaid zoning change
would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning
ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the
citizens of the City of Paris; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF P ARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No.
1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a
. ._. ,. .. '<. '1' .,...-..-.., ..-.
COMMERCIAL DISTRICT (C) be, and the same is hereby, established on LOT 2, CITY BLOCK
401, on property belonging to ALAN WHITLEY, so as to include in such COMMERCIAL
DISTRICT (C) the hereinafter described property, which was formerly and is presently designated
as an AGRICULTURAL DISTRICT (A), and that the boundaries of said COMMERCIAL
DISTRICT (C) be, and the same are hereby, established as follows:
SITUATED within the corporate limits ofthe City of Paris, County of Lamar,
and State of Texas, being a part of the John W. Williams Survey, Abstract No.1 00 1,
being Lot 2, City Block 401, being more particularly described on Exhibit A
attached hereto and made a part hereof, also being number 6245 Clarksville Street.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed
to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No.
1710 and the land use map accompanying the same, and in accordance with the provisions of this
ordinance.
Section 4. That any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each
and every day's continuance of any violation of the above-enumerated sections shall constitute and
be deemed a separate offense.
Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed.
Section 6. That this ordinance shall become effective April 1, 2007.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on
this the 12th day of March, 2007.
Richard Manning, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
JOHN W. WILLIAMS SURVEY
A-l00l
ALMA E. DANIEL
CONDEMNA TION
VOL. 18. PAGE 12
10.90 ACRES
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C. AllEE
VOL. 654, PAGE 251-
....------ REAL PROPERTY RECORD~
2 ACRES
--------
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SCAlE: 1'=200'
'"
CH ARLES W. KEYS
Val. 506, PAGE 302
REAL PROPERTY RECORDS
18.4-3 ACRES
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J. SKIDMORE SURVEY _______ ../'
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PAUL BEAN, INC.
VOl. 151, PAGE 139
REAL PROPERTY RECORDS
(CALLED 45.545 ACRES)
-15.560 ACRES
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LEGEND
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POS
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'OHE-
fOUNO IRON ROD
POINT Of BEGINNING
WOOD fENCE POST
OVERHEAD ELECTRIC
MII<E L. GABELlNE
VOL 654, PG 75
REAL PROPERTY RECORDS.........
30.04- ACRES
H.A. CLEMENTS ESTATE
Val. 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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I, KENNEni RAY JONES, REGISTERED PROfESSIONAL LM'OSURVEYOn,
RPLS #3332. 00 HERESY CERTIFY niAT niE PLAT SHOWN HEREON
WAS PREP"RED fROM AN ACTUAl SURVEY MADE ON THE GROUND
UNDER MY SUPER\<1SION ON /JAY 13, 1997'
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ENGINE-ErriNG
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N.1ULT.A,."rs rLArIN.EllS ENDfNElrns.
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Field Notes
Meadowbrook Gardens
45.560 Acres
Being 45.560 acres ofland siluaied 5 ~ miles, south 70" east of the City of Paris. Lamar
County, Texas, 11 part of the John W. Williams Survey, Abstract No. 1001. and being a called 45.545
acre tract of land conveyed from Texas Cemeteries, Inc. 10 Paul Bean, Inc. on April 26, 1990 and
recorded in Volume 151, Page IJ9 oflhe Real Propeny Records of lamar Counly. Texas. The said
45.560 acre tracl ofJand being described more particularly in metes and bounds as follows:
": ". ~. ::.' 0:' _ "... _ ..:" , .
.. -.'... Beginning at a found bois d'afc fence post, at the southeast corner of rhe said 45.560 acre
tract afJand, in ihe nonhe.ast Jight-of-way line of U.S. Highway 271,50 feei at right angles from the
centerline of said highway.
Thence N 53" 55' W, with the south line of said 45.560 acre lracl or land and the nonheast
right-of-way line of said higfiway, a distance of2066.93 feel to a flllmd iron roo. near a T post:
, Thence N 79"]6'20" E, Wilh lh~ lIlost southerly nonh line of the said 45.5&0 acre tracl oflanu
and the south line of an J 8.43 acre Iract ofland conveyed from Larry Townes 10 Charles W. Keys
on February 22, 1995 and recorded in Volume 506, Page ]02 of the Real Propeny Records of Lamar
Counly, Texas, a distance of 7 19.66 feet to a found iron rod, near Ii Tpost:
.. . .. Jhence N 0] 051'35" W, with t~.e }'>'estline oft.he said 45.560 ac~etrBcl ofland lind the east
Iii)€ar.ihc said 18.4] Bcre Iract Of lana, ~ distance DI802.]6 feel io H(~u1id iron rod in the South
. rjghl:of~way line of EM. Highway 1508,60 fect at right angles from lhe Cl:ilicrlinc of said F.M. Hwy.
1508;
Thence N 79" 18'48" E. with a north line oflhe said 45.560 acre tracl ofland and lhe soulh
righI-DC-way line of said F.M. Hwy_ 1508. a distance of37.0J feel 10 a found iron rod;
:l9o. 3S' ice~ . .
Thence S 10"24'2]" E!'with rhe west line ofa 2 acre tract ofland conveyed to C. Allee on
December 13, 1996 and recorded in Volufl?e 654, Page 254 ofihe Real Property Records of lamar
County, Texas, 10 a found iron rod;
Tllerice N 79"36'28" E. with Ihe south line of the said 2 Bcre IracI of land. a distBnce of
]00.00 feet to a found iron rod:
/. {}f;he~ce,N 10"24'52" w. v.:;lh the eaSt line oflhesaid.2 acre iract ~;-l~nd, a dislance of290.42.
feet io a found iron rod in the south right-or-way line of-said F.M. Hwy. 1508, 60 feet at right angles
froin the centerline of said F.M. Hwy. 1508:
Thence N. 79"42"28" E, wilh lhe south right-oC-way line of said F.M. Hwy. 1508 and a nonh
line oflhe said 45.5qo acre Iract ofJancl, a distance of693.98 feet to a found iron rod Bttne northeast
comer of said 45.560 acre Irael ofland: . .
."' .
Thence S 00"0)'21" E, with the east line of tile SJlid 45.560 acre tract of/and, a distance of
2332.76 f~el to the place ofbcginning and containing 45.560 Bcres ofland.
SA VE, EXCEPT AND LESS lho~ cemetery lots previously sold off and conveyed, whether
or not of record.
EXHIBIT "A" - Page 2 of 2 Pages
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037. Paris, Texas 75461 .903-784-9234
APPLICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED:
~oning Change
For Offlce Use Only Request NumberdQJl- ~
Date RCVd:~ Mtg Date:~
~pecific Use Permit
o Planned Development
Address:
PROPERTY INFORMATION:
0~ 4-S- CJo r ks u i Ue S+ ~
M e.o\.~><l\L1 been it,-
ac( r- A-e V\
~
Name of Business or Building (if applicable):
Lot
Block
Subdivision
Current Zoning: Jj Proposed Zoning: C r e.N\t\ to Y'-a S p
Whatisthe proposed use ofthe property? C f e.m t\. -to Y' '8' " ,
Describe the character and/or nature of uses of surrounding property. S I O. Bl } r e~ I d.~ (\ of- I ~ J A-G2.
.~'llf\ - S-\-o~v..~(? ,
Will the re-zoned designation be compatible with the classification and use of adjoining lands? 6t 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
It No, why are you ceque"ing a change In the perm'Ung uses? -rh~ ~t't> pe., ~ h C4, "< ^' t ~ <." ""J
r- '\ . "" \h,.~ ~cl \.AJ -e.. \ &\, l'\ ,..do\--\ f\.e' P\ e fe- ~ 'h
OWNER/APPLICANT INFORMATION: (ffyou are not the owner, a permission letter from the owner is required. ffyou 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.)
3~
Phone:q03 0'74- d4:~S
Cel( qo~ '-l&t ( I ~&4
Applicant's Name:
Applicant's Address:
Property Owner's Name:
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~riZedag t.~
. / n ~/d
2~n~~~me 0.",,,' , '. H,,",~,-\ -~ ~~~:S~u~~~~~ \~~-~~,,",O';~-6P
Date: l'") \ - ~- ;::)nc5\ Fax Number:
SWO RE ME this;JJ.i'\.4 day of JU""'(Aihr./ ,20011 .
JANICE WORTHAM ~ct.- ~~
NOTARY PUBLIC .
STATE OF TEXAS Notary bllc, State of Texas
My Commission Expires 05-12-2009
FILED:
12/06
NOTlCE OF CONFlDENTlALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFOR.MA TION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN TIm PUBLIC RECORDS: 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 OPERA TlONS COMPANY OF TEXAS, A Texas Corporation, by
and through its dnly anthorized President, Mike W. Graham (herein called "grantor"), of the
. Conn ty ofH arri s, State ofT exas, for and in considemt; on of the SllI11 ofTen ($1 0.00) aM more Do l1ars
cash to it in hand paid by ALAN K. WHITLEY and wife, CINDY WHITLEY, and JERRY
WHITLEY, receipt of which is hereby acknowledged; and
Thiliy-sevcn tbousand five h undr~p and Nri/I 00 ($37,500.00) Dollars paid by CO MMUNITY
NATIONAL BANK, Detroit, Texas, for the grantees berein at their special instance and request,
w hicb SUm of $ 37,500.00 is evidenced by vendor's Ii en note ex eouted by grantees b erein, payable to
COMMUNITY NATlONAL BANK as therein provided, secured by the vendor's lien berein
retained, and additi on all y secured by deed of trust of eVen date therewith to Hugh] effus, Trustee, for
i
tb e ben efi t of tbe holder of said notc. The vend or's lien II erein retain ed is hereby transferred alJ d
assigned to COMMUNITY NATIONAL BANK, Detr<1it, Texas, and it is subrogated to all tiJe rights
thereto as if it were the original grantor herein;
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto
ALAN K. WHITLEY and wife, CINDY WHITLEY, and JERRY WHITLEY (herein called
"gran tees "), of tb e County of Red River, State of Texas, wbere their mailing address; s 3443 FM 41 0
South, Detroit, T ex as 75436, all that certain tract or parcel of lalJd in Lamar Co un ty, Texas described
as f01l 0 ws; Sub) ect To tbe ri ght -of. way easement to Lamar County Water Supply Corp., dated January
10, 1983, of record in Book 652, Page 856, Lamar County Deed Records:
//
/
/
/
/
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A tract of 45.560 acres ofland in the John W. Williams Survey, Abst. No.1 00 1, about 5.5
miles South 70 Deg. East from the City of Paris, more fully described in Exhibit "A" attached hereto
and made a part hereof for all necessary purposes, Save, Except and Less those cemetery lots
previously sold off, whether or not of record; and being the same property described in deed to
Memorial Operations Company of Texas, of record in Book 694, Page 163, Lamar County Real
Property Records.
TO HAVE AND TO HOLD the within described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging unto ALAN K. WHITLEY and wife, CINDY
WHITLEY, and JERRY WHITLEY, their heirs or assigns forever; and grantor hereby binds itself,
its successors and assigns, to Warrant and Forever Defend, all and singular the within described
property and premises unto ALAN K. WHITLEY and wife, CINDY WHITLEY, and JERRY
WHITLEY, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim
the same, or any pari thereof.
BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as
aforesaid against the within described property, premises and improvements until the above described
note, and all interest thereon, are fully paid according to its face and tenor, effect and reading, when
this deed shall become absolute.
WITNESS this IS1/;; of August, 2006; EFFECTIVE August 10,2006..
MEMORIAL OPERATIONS COMPANY
OF TEXAS, A.T/, ~
BY:~..
~ IKE W. GRAHAM
President, Duly Authorized
/
/
THE STATE OF TEXAS
)
)
COUNTY OF HARRIS )
THIS instrument was acknowledged before me on the /,f;7I(day of August, 2006, by
MIKE W. GRAHAM, in the capacity therein stated.
C?
ublic, State of Texas
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AFTER RECORDING RETURN TO:
Mr. & Mrs. Alan K. Whitley
Mr. J en)' Whj tl ey
3443 FM 410 South
Detroit, Texas 75436
PREPARED IN THE LA W OFFICE OF:
A. W. Clem, Attomey
c/o The Moore Law Fin11, L.L.P.
100 North Main Street
Paris, Texas 75460-4222
JOHN W. WILLIAMS SURVEY
A-lOOT
ALMA E. DANIEL
CONDEMNATION
VOl. 18, PAGE 12
10.90, ACRES
60'
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----
C. ALLEE
VOL 654, PAGE 251-
......------ REAL PROPERTY RECORD:
2 ACRES
SCAlE: " ~ 200'
CHARLES W. KEYS
VOl. 506, PAGE 302
REAL PROPERTY RECORDS
lB.43 ACRES
30
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J. SI<IDMORE SURVEY _______ ............
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PAUL BEAN, INC.
Val. 151, PAGE 139
REAL PROPERTY RECORDS
(CALLED 45.545 ACRES)
-15.560 ACRES
o
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Vl
10
LEGEND
-FIR
POS
.
'OHE-
FOUND IRON ROD
POINT OF 8EGINNING
WOOD FENCE POST
OVERHEAD ELECTRIC
MII<E L. GABELlNE
VOL 654, PG 75
REAL PROPERTY RECORDS-~
30.04 ACRES
H.A. CLEMENTS ESTATE
VOL. 221, PAGE 548
DEED RECORDS
19.04-2 ACRES
P.O.B.
MEA.DOWBROOK GARDENS
SHOWING. 45.560 ACRES
JOHN W. WILLIAMS SURVEY
LAMAR COUNTY, TEXAS
MAY 1997
EXHIBIT "All - Page 1 of 2 Pages
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I, KENNE1l-i RAY JONES, REGIS1ERED PROfESSIONAL LAHDSURVEYOn,
RPLS #3332. 00 HEREBY CERnF'Y 1l-lAT THE PLAT SHOWN HEREON
WAS PREPARED fROM AN ACTUAL SURVEY MADE ON THE GROUND
UNDER. MY SUPERVlSIDN ON MAY 13. 1997'
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HAYTER
ENGINf!e.nING
INCORPOnA'TED
H.s.ULT"",TS ~"""U""'Jii:"S ENorNEt;:n$
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Field Notes
Meadowbrook Gardens
45.560 Acres
Being 45.560 acres ofIand situaied 5 Y2 miles, south 70. easl of tile City of Paris. Lamar
County, Texas, II part of the John W. Williams Survey, Abstract No. J 00 I. and being a called 45.545
acre tract of land conveyed from Texas Cemeteries. lnc. 10 Paul Bean, Inc. on April 26, 1990 and
recorded ill Volume 151, Page 139 oflhe Real Property Records of lamar Counly. TexBs. The said
45.560 acre tracl of land being described more particularly in metes and bounds as follows:
, <::'Begirihing at a found hois d'ai-c fence post, a! the southeast cb'rn~r of the said 45.560 acre
tract ofland, in ihe northeast right-of-way line of U.S. Highway 271, 50 feei at right angles from the
centerline of said highway.
Thence N 5] 055' W, with the south line of said 45.560 acre Iract ofJand and the northeasl
right-of-way line of said hignway, a distance of2066.93 feet 10 a ttll1nd iron rod. near n T POSI:
, Thence N 79036'20" E, with lh~ 1Il0sl southerly north line oftlH: sait!45.560 acre tracl urlant!
and the south line of an 18.43 acre Iracl ofland conveyed from Larry Townes 10 Charles W. Keys
On February 22, 1995 and recorded in Volume 506, Page J02 of the Real Propeny Records of Lamar
Couniy, Texas, a distance of719.66 feel to a found iron rod, near 8 Tp061:
. Thence N 0)051')50 W, with the west line of the said 45.560 acrelracl of/and and the east
,'liM6r.ihc said 18.43 acre tract Of lana, ~ dislance tit 802.36 feet id ~'{({u1ici iron rbd in the S6ulh
right:ci(iway line ofFM. Highway 1508,60 feCI at righi angles from (he ceilicrlinc of said F.M. Hwy.
1508:
Thence N 79.18'48" E. with a north line of the said 45.560 acre Iracl of/and and Ihe south
righl-of-\.,.ay line of said F.M. Hwy. 1508, a distance ofJ7.0J feet to a found iron rod;
. .2.10, 3'$ ict~ . .
Thence S 10024'2J" E,"wilh rhe west line ofa 2 acre tracl orland conveyed 10 C. Allt:e on
December 13, 1996 and recorded in Volull?c 6~4, Page 254 ofine Real Property Records of lamar
County, Texas, 10 a found iron rod;
Tllerice N 79036'28" E, wilh th.e south line oflhe said 2 acre tract of land. a distance of
JOO.OO reel to a found iron rod:
: .'
. '. -. . .
'~,~f'.,. ". ... '. . . ;. '."'_'. . .
,. ! '~;:Therice.N 10024'52" W, with the east/ine Mlhe said 2 acre tract ofland, a dislance of290.42
feel io 8 found iron rod in the south righl-of-way line of-said F.M. Hwy. 1508, 60 feet at right angles
from the centerline of said F.M. Hwy. 1508;
. .r.
Thence N. 79~ 4228'" E, wilh the south right-of-way line of said F.M. Hwy. /508 and a nonh
line of the said 45.5QO acre tract ofland, a distance 0(693.98 f~e( 10 a found ir\:?n rod at the northeasl
comer of said 45.560 acre traCI ofland:
Thence S 0000J'2r E, vvilh Ihe eRSt line oflhe said 45.560 acre tract ofland, a distance of
2332.76 f-eel to Ihe place of beginning and containing 45.560 acres of land.
SA VE, EXCEPT AND LESS Iho~ cemetery IOls previously sold off and conveyed, whelher
or nor of record.
EXHIBIT "A" - Page 2 of 2 Pages