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2007-022-ORD-Amending zoning ordinance no. 1710 of the City of Paris, Texas, as heretofore amended, so as to rezone part of lot 9, City Block 317, City of Paris,ORDINANCE N0. 2007-022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE N0.1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE PART OF LOT 9, CITY BLOCK 317, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A MULTIPLE-FAMILY DWELLING DISTRICT N0. 2(MF-2) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of 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, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That the Official Zoning Map of the City of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris, as heretofore amended is hereby further amended to rezone PART OF LOT 9, CITY BLOCK 317, City of Paris, Lamar County, Texas, from AGRICULTURAL DISTRICT (A) to MULTIPLE-FAMILY DWELLING DISTRICT N0. 2(MF-2), said property being more particularly described as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Wesley Askins Survey #7, and being a part of a called 8.27 acre tract of land conveyed to Paris Elks Lodge No. 2433, located at 2110 Elk Hollow Drive, said tract being a part of a called 35.54 acre tract of land conveyed to Paris Fraternal Builders, Inc. by deed recorded in Vol. 510, Page 254, of the Deed Records of said County and State, and being more particularly described in Exhibit "A" attached hereto and made a part hereof. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Official Zoning Map of the City of Paris, Texas to reflect the changes set forth in this ordinance. Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 6. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 7. 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 8. That this ordinance shall become effective immediately upon its passage. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the l Oth day of September, 2007. esse J s Freelen, Mayor ATTEST: Q10 , , 64ice Ellis, City Clerk APPROVED AS TO F . W. Kent McIlyar, ity ttorney Reference Bearing: Center line of 36th N.E. CP No. 480891 0008 A FHBM ElkLodge-S Disk-876 5-15-06 ~Od9e ~ BOUNDARY SURVEY Aol,'~~~ Go U con curb ~ A I O r C~ If I ~ "C conc. parking lo,t' JJ ~ ~ ~ ~ w Z S (C M 4p k) a- S 89'14'37" ~W 44976' 3~: I O U J ~ O O ~ c0 0\ Q~G• 4o O ~ Or! I pp ptc ~ N O cD "d- O 00 O U tK'~,~ z N ip ~f) I I (0 I ~ 10' Utility Esmt. I o~ > ~ N 00'05'35" W w i 87.06' 3.625 AC ~";A ;~Z I utility line e' Q oA ~ ^ r - - _ ~,~o rn I > ~ N cc I ~ P° I - o O 0 x. C w ~ Q 3 O = m o i o p Lq - a ~ a D ~ & , Q a", p ~ o cn ll ~ G N89'53'20"E N89'35'41 "E S89'44'32"E N89'5 1' 4 8" E Z 175.03 ' _99.64'- - -87.43'_Qi - - `y87.58'- ~ - ~ lot 1 lot 2 ~ Q° lot 3 lot 4 ~ lot 5 ~ lot 6 I I o N Brownwood Village #1 Env. 312-C LCPR W a .c Q ~ a w = ~ 0 ~ ~ Z 401 0 0 80 40 0 80 160 supvr~yy~ s =set f =found -x- = fence 1" - gp' up = utility pole J.M. Nelson, RPLS of Texas, #4025 date cip = 1 /2" Nelson Surveying Company copped iron pin 920 N. Main St. Paris, Tezas 75460 "a:0r' 903-785-3551 fax 903-785-3399 E-mei jnrrlatemetcom -q-FNEYM JM Neleon, Regiaiered Professionel Lend Surveyor of Texae, i4025 This survey is only volid if it has an original signoture ond seol. Any changes made will void thls survey. Before any construction, all utility componies should be contacted for location ot their respective utility lines 100 year flood zonas are ecanned and inaerted from FHBM or FIRM unleea otherwiee noted hereon. Page:~of_ EXHIB Jim Nelson dba Nelson Surveying Company 920 North Main Street Paris, Texas 75460 903-785-3551 fax 903-785-3399 e-mail: nelsonsurveying@cox.net Jim Nelson, owner J. M. Nelson, Registered Professional Land Surveyor of Texas, #4025 These field notes are for use only by the "group or persons" certified to. Surveyor assumes no liability for any modification or unauthorized copies. ElkLodge-S Disk-876 361h N E. WAskins #7 Reference Bearing Center line of 36th N.E. FIELD NOTES Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Wesley Askins Survey #7, and being a part of a called 8.27 acre tract of land conveyed to Paris Elks Lodge, No. 2433, said tract being a part of a called 36.54 acre tract of land conveyed to Paris Fraternal Builders, Inc., by deed recorded in Vol. 510, Page 254, of the Deed Records of said County and State. Beginning at a concrete marker (f) for corner at the Northwest corner of a called 0.516 acre tract of land conveyed out of said Elks 8.27 acre tract to D. Wayne Brown & Chad Brown by deed recorded in Vol. 359, Page 215, of the Real Property Records of said County and State, and at the Northwest corner of lot 1, block "A", Brownwood Village #1, said Addition being recorded in Envelope 312-C of the Plat Records of said County and State, said lot 1 being a part of said Brown 0.516 acre tract. Thence along the North Boundary Line of said Brown 0.516 acre tract, and along the North Boundary Line of said block "A" of said Brownwood Village #1, as follows: North 89°53'20" East a distance of 99.64 feet to a'/z" iron pin (f) at the Northeast corner of said lot 1 and at the Northwest corner of lot 2, of said Block "A" of said Brownwood Village #1; North 89°35'41" East a distance of 87.43 feet to a 3/8" iron pin (f) for corner at the Northeast corner of said lot 2 and at the Northwest corner of lot 3 of said block "A" of said Brownwood Village #1; South 89°44'32" East a distance of 87.58 feet to a YZ" iron pin (f) at the Northeast corner of said lot 3 and at the Northwest corner of lot 4 of said block "A" of said Brownwood Village #1; North 89°51'48" East at 87.35 feet passing a'/2" iron pin (f) at the Northeast corner of said lot 4 and at the Northwest corner of lot 5 of said block "A" of said Brownwood Village #1, and continuing on a total distance of 175.03 feet to the Northeast corner of said Brown 0.516 acre tract, at the Northeast corner of said lot 5, and at the Northwest corner of lot 6 and the Southwest corner of lot 7 of said block "A" of said Brownwood Village #1, said corner being in concrete around a wood post; Thence along the East Boundary Line of said Elks 8.27 acre tract and along the West Boundary Line of said block "A", as follows: North 0°06'44" West a distance of 179.91 feet to a'/2' iron pin (f) at the Northwest corner of lot 8 and at the Southwest corner of lot 9 of said block "A" of said Brownwood Village #1; North 0°05'35" West a distance of 87.06 feet to a'/2" iron pin (f) at the Northwest corner of said lot 9 and at the Southwest corner of lot 10 of said block "A" of said Brownwood Village #1; North 0°03'02" West a distance of 86.90 feet to a'/z" iron pin (f) for corner at the Northwest corner of said lot 10 and at the Southwest corner of lot 11 of said block "A" of said Brownwood Village #1; Page of Thence South 89°14'37" West along a line 4.07 feet South of and parallel to the South side of a concrete curb along the South side of a concrete parking line, a distance of 449.46 feet to a'/2" capped (NELSON SURVEYING) iron pin (s) for corner; Thence South 0°03'04" East along the East Boundary Line of 36th N.E. a distance of 348.76 feet to the place of beginning and containing 3.6247 acres of land, or 157,892.93 square feet of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify to the Paris Elks Lodge, that the above depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 15th day of May, 2006, that there doesn't appear to be any visible improvements, easements or encroachments other than those shown thereon, and that this tract of land does not appear to lie in a fiood zone as indicated by Community Panel No. 480891 0008 A of the Flood Hazard Boundary Maps. -/.Sr- J.M. Nelson, RPLS of Texas, #4025 date Page of