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2007-044-ORD-Amending Zoning Ordinance No. 1710ORDINANCE N0. 2007-044 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 A 6.5708 ACRE TRACT OF LAND OUT OF THE REDDIN RUSSELL ABSTRACT N0. 786, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO, BEING LOCATED AT 2885 STILLHOUSE ROAD, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURAL DISTRICT (A) TO A MULTI-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 Planning & Zoning Commission received a request for amendment to the Zoning Ordinance of the City of Paris; 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 a 6.5708 ACRE TRACT OF LAND OUT OF THE REDDIN RUSSELL ABSTRACT N0. 786, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO, BEING LOCATED AT 2885 STILLHOUSE ROAD, CITY OF PARIS, LAMAR COUNTY, TEXAS, City of Paris, Lamar County, Texas, from AGRICULTURAL DISTRICT (A) to MULTI-FAMILY DWELLING DISTRICT N0. 2(MF-2), said property being more particularly described by metes and bounds in Exhibit A attached hereto. 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 ardinances 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 and publication as required by law. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 12th day of November, 2007. , J sse Jame reelen, Mayor ATTEST: ice Ellis, City Clerk APPROVED AS FORM: W. Kent Mc y Ci Attorney Refcrence Br.orinq: Ii~" ip (f) @ SWC to CP No. 480891 0008 A FMBM `tl p\Q ~ S 86'45'33" E ti N~ ~ ~v 3 ~ ro ~ ~ W n ~o a,. ~k, 0 6.5708 AC 286,225.28 SF 1 '11.5 W IVrtlqo'~' metl N 26'57'0 GNp ~97 100 P °°'0 'Lob, y6• S 4rd ~6', ~p, Oisk^969/TH-Omega 9-19--07 ~q s ~ ~0 r'J ''0. ~O • s'~o ~00 Lo. °A rJ Tp ip (f) i ~ ~ 17_5 63 b 125 250 1" = 1 ZS' J.M. N_.__.., ~ Nelsan Surveying C) ompany ~ 920 N. Main St. Paris, Texas 75460 93-785-0 tuW795-M &-m0 ' t JM Netsoq Repletersd F'rcvteeknw Lamnd AtxvesYC+f at Texsa, #4025 All pages, the Plat, the FieCd Note3, and the LsgEnd/Genervl Notsa, are one document. Pa ~of~-. None nf the obovc ore to be recorded without the others. 9o~ EXHIBIT.A,. LECENa GAPS SYMBOL DESCRIPT1flN SYMBOL DESCRIPTfON capped iron pir+ mh monhole Gjp r/o cieanout NELSON cir aappcd iron rod ~{y~y~ cappcd noil wm wvter mcter 4m gas meter ip iton pin irpn rod 'Fh fire hydrunt ~qp~ fr wv water valve + found up utility pole ~g) aet pp power pole ~O (fra) found, reset 425 post ~tillty liri~ p ul m me4al poet ua utilfty easement p b{ building line CFIPS iP'Pe iron pipe ~ conter line c&g curb 8c gutter cav. oovcrcd ~ prapcrty lina . J.MX ~ sijrvey line conc. conorete ~ 4025 FC flow line Ipq liquld propane gas FF fln}shed floor otp phonc pedestal ~AP5 olp chaln link poat drn. drainage clf chain link lsncc eslr{. eosement -.,x- #Encc util. utllity 77?7? FHBM Flood Hoaard Boundvey Maps oc oir cohditionor ~ Q77Q7 FIRM Flood Insurance Rate Maps b/c back of curb icv i1"rigatfon cgntrol valve o/s offset icb irrigation control box sNoTEs 1. This survey, both plat dnd flcld notes, are only vClid if it hGS an oriqindl slgnature and sea1• Faxed or emailed coptes are to be used for lnspection purposes only. Signed caples will be moiied to requtred pQrties. Any changes made w+ll vpld this survey. 2. This aurvey is for the use ofi the party or parties certified to in 'L'hc certificatian. It is nat Intended to be used by porties other than thaWe ccrtified ta• 5urveyor assumes no Ilability for any unauthorized copies. 3. FLOOD ZONES a, Rural 100 Yeor Flood Zones are scanned cnd inserted using Flcod Hozard Baundory Maps, as noted by the Community Pane1 Na, on the plat and field nates. b. Urban 100 Year Flood Zonos may be scanned and inaerted, but also may be ioeated by elevQtions, i'f elevatlons dre ovoil❑ble, fram on actual aurvey made on the ground, using inforrnation fram the Community Panel No. of the Flood Insurcnce Rote Mops a; noted an the plat and field notes, c. Surveyor assumes no liability #or floods coused by abnermal co,iditions, cither by man-made or natural causes, in or out df flaod zones- 4. Basis of bearinq (refsrcnce beoring) maybe Qssumed, tied to deed ealle of the subject tract, to on adjoining tract, ar to Q re{C4cd item. ThE basis of bearing will 4e noted on ttie plot and 'Ffeld notes, but moy not join the sub]ect tract. 5. 5ome cornera canrtot be set cfround ❑nd under fences, but we show a reference fram o nearby pasf or other known and locatable obJect. 6. FENCES a, plong: boundary line is the t'ence unless otherwise noted. b. with: boundary line i5 near or olqngside of fencc unless othe;rwise noted. 7. Check plats and field notes for odditional information on Qubstantial differences between legal descriptions on the deeda ond acu$al ^urveys made on the graund. Before any constructioh, all utility c4mpanies or thsir agents, shc>u1d be Cdnkacted for looo'ktan of their respective utll3ty lines, whcther the utility line is overhead dt' undergroulld. ~ NeIson Surveying Campany ~ 920 N. Main St. Paris, Texas 75460 90a-185-3551 fax: 9W-785-M E-W rrebmrv~y..~t J.M. NeleaTM %telered PraleeeloneJ Land BurveYor o! 7exeie, M025 AI1 pages, the Pfat, the Field Natcs, and the Logend/G,eneral No4es, are one document. 9-19-07 J Nvne of the abave are to bc recorded wih,hout the othera. Page;~of~ Jim Nelsan dba 1_---. Nelson Surveying Company 920 Narth MaZn 5treet Paris, 7exas 75460 903-785-3561 fax 903485-3399 e-mail: nelsonsurveying@suddenlink,neti Jlm Nelson, owner J. M. Nalson, Ftegistered Professional Land SurvoyOr of Texas, #4025 DIak4G910me9e RRuaanll f1798 SUlihauae Roatl Reter9ncB Bnaring~ h" lo (f) @ SU1C to ]5" clp (n @ NWC totlay (eaaulttotl N 25^57'07" W) H.ELV NQTLS Situated within the Limits of #he Ciiy of Paris, County of Lamar, and 5tate of Texas, part of the Reddin Russell Survey 4786, and being part of a ca(fed and being a part of a called 172.5 acre tract o# land canveyed to May Be11e Dunagan by deed recarded in Vdl. 208, Page 316, o# the Deed Records of said Couniy and State. Beginning at a'/z' iron pin (fl far corner at the Easterly Narfihpast corner of a called 31.61 acre tract of land conveyed ta Norkh Lamar Independent Schaol District by cieed recording in Vol. 714, Page 748, of said Deed Records, said North Lamar fSD 31.61 acre tract ariginally being a part of said Dunagan 172.5 acre trac#. Thence North 26'57'07" West a disfiance of 798.43 feet ta a%" capped (NELSdN SURVEYING) iron pin (f) for corner at the Nartherly Northeast corner of said North Lamar ISD 31.61 acre tract; Thence South 86°45'33" East a distance of 505.04 feet ta a'/.-," capped (NELSON SURVEYING) iran pin (s) for corner; Thence South 35°43'12" East a dis#ance of 448.76 feet to a'/2' capped (NELSDN SURVEYING) iron pin (s) for corner; Thence along #he Northwesterly Boundary Line of said Stillhouse Road J Lamar County Road 41100 as foliows: Sauth 54°43'04" West a distance of 43.45 feet to a'/z" capped (NEI.SON SUfiVEYING) iron pin (f); Sauth 55c2'33" West a dis#ance of 162.05 feet to a%," capped (NELBbN SURVEYfNG) irvn pin ft South 51°44'20" West a distance of 98.92 feet to a%z' capped (NELSON SIiRVEYING) iron pin (f); South 48°17'45" West a distance of 105.04 feet to a%z' capped (NELSON SLIRVEYING) iron pin (f); South 48°54'59" West a distance of 10610 feet to the place of beginnnig and cantaining 286,225.28 square feet, Qr 6.5708 acres of land. I, J.M. Nelson, Regpstered Prafessinnal Land Surveyor of Texas, #4025, cerfiify to Tommy Haynes and Omega, that the abnve depicted and describecJ tract of larid was taken frorrr an actual survey made on #he ground and completed by me an 4he 19th day of September, 2007, that the Plat, the Field Notes, and the l,egend/General NotES, are tn be one document and are to be recarded as one, that there doesn't appear to be any visible improv2ments, easements or encroachments ather than thase shown therean, and that this tract of land does not appear to lie in a flood zone as indieated by Community Pane1 No. 480891 0008 A of the Flaod Hazard Boundary Maps. ,l.M, Netson, RPLS of Texas, #4025 date Pagc 2 of&