03-G&H Zoning Change 4400 Blk of Bonham St.
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 ONE-FAMILY DWELLING DISTRICT (SF-2) ON LOTS 1,2, 3, & 4,
BLOCK A, AND LOTS 1,2,3, & 4, BLOCK B, MEADOW PARK PHASE IV,
ON PROPERTY BELONGING TO GENE McWATERS, SO AS TO
INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN
AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF
THE ONE-FAMILY DWELLING DISTRICT (SF-2) SO ESTABLISHED;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a
request for an amendment to the zoning ordinance of the City of Paris; and,
WHEREAS, the City Council has subsequently referred said request for amendment to the
Planning and Zoning Commission for its review and recommendation in accordance with the City
zoning ordinance and State law; and,
WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said
proposed amendment to the City zoning ordinance and, following said hearing, made formal
recommendation to the City Council regarding said proposed change; and,
WHEREAS, the City Council of the City of Paris did subsequently conduct a public hearing
on the aforesaid proposed amendment to the City zoning ordinance, and having considered the
recommendations of the Planning and Zoning Commission and the testimony and evidence
introduced at said public hearing, found and determined that approving the aforesaid zoning change
would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning
ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the
citizens of the City of Paris; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all things
approved.
Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No.
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1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a ONE-
FAMIL Y DWELLING DISTRICT (SF-2) be, and the same is hereby, established on LOTS 1,2,3,
& 4, BLOCK A, AND LOTS 1,2,3, & 4, BLOCK B, MEADOW PARK PHASE IV, on property
belonging to GENE Mc WATERS, so as to include in such ONE-F AMIL Y DWELLING DISTRICT
(SF-2) the hereinafter described property, which was formerly and is presently designated as an
AGRICULTURAL DISTRICT (A), and that the boundaries of said ONE-F AMIL Y DWELLING
DISTRICT (SF-2) be, and the same are hereby, established as follows:
SITUATED within the corporate limits of the City of Paris, County of Lamar,
and State of Texas, being a part of the Isaac Cruse Survey, Abstract 162, also being
a part of a 91.094 acre tract ofland conveyed to Gene W. McWaters, Jr. and Cecilia
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 comer of said mcWaters tract and also being the Northeast comer 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 comer of a tract of land 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 00036' 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 of 250.00 feet to a point for
comer;
THENCE North 00036' 00" East with the West Line of said McWaters tract
a distance onoo.oo feet to the place of beginning and containing 1.722 acres ofland,
being located in the 4400 Block of Bonham 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 ofthe 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 Aprill, 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
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037. Paris, Texas 75461 .903-784-9234
APPL/CA TION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED:
~ng Change
For Offlce ~~ f:rL,.-. Request Number: :1.Ct() - CD
DateRcVd~ MtgDate: b~ b~\O-:J
o Specific Use Permit
o Planned Development
PROPERTY INFORMATION:
Address:
44-C)O 6
o~ BoA)
11/1. c,;:;>;J clcxo p;:;) I ~
PA\)L~-
Name of.Business or Building (if applicable):
.Lot\'N'vlU+-SloCk ~ Subdivision
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Current Zoning: ,..L-\ q
What is the proposed use of the property?
Proposed Zoning: ::; J=:- ~
Describe the character and/or nature of uses of surrounding property,
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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?&>/ No
If No, why are you requesting a change in the permitting uses?
· PWNERlAPPLlCANT INFORMATION, (" you." u"' th, O~", · P'M;,,",U t,,,,, fmm th, owu" ;, "qut". "you '" PU"""ug th, pmp'"y, . oopy 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-:;l .0 Vlc? VY"I C_.V-J r~ Ip r<; I \ ') IT;
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Applicant's Address: L\ I ~ SL0 3C1 ~ T IS L/ ~ 0 Phone: G~~ o?:> -7 .3 ')' -'"3 5:35
Property Owner's Name: G:.?:'V\ ~" iYlr-___K-i r.-f.P/-:'<;', \. ~ II:
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Property Owner's Address: Phone: q () "2,,:> ~ -;~) _ ::s S3S
.....................................................................................................
RijQUIRED SUBMITTALS (check those items which are included):
rr{...completed application signed by the owner/applicant
'i2f Copy of a deed with metes and bounds
o Permission letter from owner
o Copy of contract to purchase the propeliy
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. 1 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 '~~ Addeess ,-\,~ Sw :::,q
Print Name: . . lr\, ,,-. f'~ Phone Number: o~. -t ~ q _
Date: -. Fax Number:
SWORN TO AND S~~bVB~FORE ME this -2dday of
FEB 2 2 2007
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mlJe &tat~ nf me~l1. }" E~Ut All 11m by OJ4f~f 'nJlf~~:
C1hnndg of LAMAR '" , . .
That n, IlALI'H B. WALDa and .,lfe, MARY S. WALKzR,
of the Count)' of
for aad I" conlideratloli
Harrll
State of . '1'exa.
of the lum of
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1.
------TIN ARD NO/IOO ($lO.OO)------------~~--------------------DOLLARS.
Cash and other good and valuable conslderation
to us paid, and aecured to be paid, b)'
._Oaun:
GENE If.: MCWATERS, JR. and wife, CECBLIA HCNA'1'ERS the receipt of which
is hereby acknowledged, ~nd $115,~OO.OO paid by !he Liberty National
Bank in Paris, for the 9t~antees herein, at their spec::ial instance and
request, which said sua uf $115,000.00 is evidenced by vendor'. lien
note of said grantees of even date, payable to The Liberty National
Bank in Paris, 1n annual installments of a6.262.65 each, beginning ,
July ~1977, and Sl6 ,262.65' on thel5thday of July of each year thereafter
until the full amount of said note is paid, bearing interest from date
at the rate of 9 1/4% per annum, interest payable annually aa part of
said annual payment: the vendor's lien retained herein being hereby
transferred and assigned to The Liberty National Bank in Paria, and it
is .ubrogated to all the,rights thereto as if it were the original
grantor: which said indebtedness is further secured by a Deed of Trust
of grantees to F. D. MallOry, III, Trust.e, for the benefit of the
holder of said note:
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hay~ Granted, Sold ..d Coay.,ed. .ad by the.. preHllte do Gra,at, Sell and 'ConYe)', .allto tht'uld
GOB W. MCWA'l'ZU, a. and .,if., CBCILIAMCWA'l'BU
of the CoUllt)' of LaMar State of '1'exa. all that certala ,
~ tract 01' parcel of land, altuated in Luu County, '1'exa., a part of the '.)
~ X.aac erui.. 8urvey, conta1ninq 91.094 acres, and for a aore complete
! ......pt.... ... Exhib't A. .tt..... h...t. ... .... . pott b......
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~m 581 '~~t 528
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J TO HAVE AND TO "OLD the above ducribed premises, together with all and singular the r1ghta
;. and appurtenances thereto in anywise belonging unto the.aid
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GENE W. MCWATERS, JR. and vUe, CECIlLIAMCWATERS, their
.' h~irs an!la~.lpa forever and ve do hereby bind our..lve.~ our
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, heirs, executors and adminIstrators, to Warrant 'and Forever Defend, all and aingular the nld ,premise.
unto th, uld 0 .', 0
GENE W. MCWATERS, JR. AND WIPE" CECE.LIA MCwATERS, 'tHEIR
I,' 'heir. and assigns~ apin.t every person whomsoever lawfully c:Ialming, or to claim the .a~e. or any ~rt
, , thereof.
,'0 But it Is upre.sly alfted and .tipulated that the Vendor~. Lien.ls retained arain.t the above'
described property. preml... and Improvement., Wltil the. above described note . and all interest thereon
j " face and tenor, effect and. reading. when thi. deed .hall become
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, are fully paid aCcording to it.
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W.ITNESS our banell
thi. ~S' day of Juli
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19
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Ralph:Z. Walker '
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.~1;1:094 acre., all that oe~tain lot; 'traot o. paroel of lan4 ~it~ate4:
in the county of Lamar and Stat. of TexA8, de80ribed a8 follows, to 'wl1a.
Beinq Lot No.3 of ' plat -8- part of the IsaAO Cruise Survey' Abst.
162, in LAmAr County , Texu , about 3 mUes from the cityo! Paris i'
BEGINNING at a stAke in the middle of BonhAm Road on the E.B. line
of a 521 acre tract deeded byR. Peterson to John FQwler, the same being t~
northeast corner of lot No.1" ' ,
TIIENCE NORTH with the I:.B. line of 8aid 521 acre trAct 1168.99 vrs.
to the southeast corner ofa tract sold to C.,R. CArl,ton,8ee VoL 98,
page 292, of the Lamar County Deed Records"
THENCE WEST 449.95 Vrs. to the southwest COrner of said CA~1ton
trAct, ,
THENCE SOUTH 1168.99 VI's. to a stake in, the middle of 'Bonham Road"
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 beginning, containing 93 acres same
being a part of tho land of the J.L. Fowler estate And pArticulArly
to Dona Fowler, ono of the hoir8 of said J.L. Fowler, see district
court minute book 11, page 417, to 425, and same property described
in deed to C.M. McWherter by H.P.Mayer et al and recorded in Book
187, Page 157, Lamar County Deed R~cords as more fully appears by deed'
executed by H.'P, Mayer and N.H. Ragland to C.M. McWherter of date
November 17, A.D. 1919, duly recorded in the Deed ReCOrds, of, Lamar ,,"
County, in book 187, page 157, to which and the record thereof referenoe',;.: ,
is here made. " :
SAVE AND EXCEPT 1.'428 acres out of the above described 93 acre, "
tract of land described in deed to Milton L. Maxwell to the State of Texas,
as A right of way for a public highway, described by metes And bounds
AS follows: " ,
BEGINNING at Sta.5979.3 in center of Highway 5 on westB. 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 11ne of sa1d
highway 5;
THENCE EAST 1246.8 feet a stake,
THENCt 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 10 feet, a stake;
THENCE NORTH 30 feet, A stake,
THENCE EAST 140 feet to the place of beginning, containing .478
,aores of land.
Lm 581 f.\Ct 530
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. THE STATE OF TEXAS,
COUNTY OF LAHAR
BEFORE ME. Ih. unden""ed. I No.II'1 Public In Ind lor ..Id Counl, Ind SI.le. on'thi. da, p."Ollall,I".I'"
Ralph E. Walker
known... t. to be the penon "hol' neme
m~. ~ Ie \ ell_l.d the lame lor
, THE STATE OF TEXAS.
COUNTY OF HARRIS
DEFORE ME, Ihe underel,ned,.a NOlII'1 Publie In Ind lor ..idCotinli Ind Slale. on Ihl. da, peraonallr Ippeared
MaryE. Walker
known 10 me 10 be the peraon
me thaI . he a_ed
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liNGLE ACK/'f01VLEDGIIIENT
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t. .ub.crlb.d 10 Ih. 10r.lIoina Inllrum.ni. and Icknowledied to .
Ih, purpo".' and conlld.ralion Ih.r.ln ..pr....d.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
Ihl. :h. ~, da, 01 "Ji" " Y . A. D. 19 76
~p:~l.~.~:.!rL.~~~--~-
Notar;public In Ind lora...~! . Counl,.Te.a. .
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'INC~ ACKNOWLEDGMENT
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GIVEN UNDER MY HAND AND 'SEAL OF OFFICE.
Ihl. Ihe ~ r- day 01 9-t . A. D, 19 76
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Notary Public In and lor MOntgomerY. ,Count" T....
fQRPORATION ACKNOWLEDGMEtn'
TilE STATE OF TEXAS~
COUNTY 011
. BEFORE 'ME. Ihe and.ral,ned. a Nolal'1 Public In and lor lIid Count, Ind Slale. on Ihl. dl' perlOnall, appel'"
. . known to me 10 ..'Ihe pcrlOn and o~...
who.. ..m, I. .ublUibtd to' th, lore,oln, Inllrumcnl and acknowled..d 10 .... 'that the 11m' "1' Ih. acl of the Ai4,
: a' corporal ion. and Ihat he elleruled lhe 11m. II the act of .uch corporllloti foe th, ptIfpoH. and eon.ld.ralloll therel.
, ~.pre...d. and In lbe CI~CIt, Iherein .111.cI. .
GIVEN UNDER MY HAND AND SEAL OF OFFICE.
Ihl. Ihe da, of . A. D. 19
THE STATE OF TEXAS, l
COUNTy OF ~.
IIIEREBY CERTIFY thai tha 'O"lOln, 11I.lrament of wrltln, WIt. h. .ertlAcatt .. ..t....tlcatloll, wa.IW 'oe
tecord In m, olli.. on the""" " . A. D. It at o'clock ....
I';" w~ dul, ncorded '" .... onlh, da, 01 ' . It. D. l'
Ilt VoL. . P'" ,.0' th, Recorll, 0' 11111 eGanl,. ' :",
.. WITNESS MY HAND and the Seal of th. Counl' ColI" ~. 1114 C-17. It ., olle. Ilt II
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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 comer of said McWaters tract and also being the Northeast comer ofthe
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 comer 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
of300.00 feet to a point for comer;
Thence North 890 23' 00" West a distance of250.00 feet to a point for comer;
Thence North 000 36' 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.