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2007-054-ORD-amending zoning ordiannce No. 1710ORDINANCE N0. 2007-054 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 LOT 6, CITY BLOCK 286, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PLANNED DEVELOPMENT DISTRICT-RETAIL SHOPPING CENTER (PD-a) TO A GENERAL RETAIL DISTRICT (GR) 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 an amendment to the zoning ordinance of the City of Paris to rezone Lot 6, City Block 286, City of Paris, Texas from a Planned Development District-Retail Shopping Center (Pd-a) to a General Retail District (GR); and, WHEREAS, on December 3, 2007, the Planning and Zoning Commission conducted 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, on December 10, 2007, the City Council of the City of Paris conducted 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 LOT 6, CITY BLOCK 286, City of Paris, Lamar County, Texas, from PLANNED DEVELOPMENT DISTRICT-RETAIL SHOPPING CENTER (PD-a) to GENERAL RETAIL DISTRICT (GR), said property 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 Paxis 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, ar 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 ardinance 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 December, 2007. ATTEST: 4Jce Ellis, City Clerk APPROVED AS TO FORM: fr ff ty Attorney W. Kent y 0 esse Jam s Freelen, ayor Jim Nelson dba Neison Surveying Company 920 North Main Street Paris, Texas 75460 903-785-3551 fax 903-785-3399 e-mail: nelsonsurveying@suddenlink.net Jim Nelson, owner J. M. Nelson, Registered Professional Land Surveyor of Texas, #4025 Disk-976/PB-lot6 Lamar Ave Reference Bearing: NBL of Lamar Ave from'/:" cip (s) @ SWC to a 3/8" ip (f) @ SEC of Peoples Bank lract (S 87°44'OB" E) FIELD NOTES - Lot 6, City Block 286 Situated within the Limits of the City of Paris, County of Lamar, and State of Texas, a part of the George W. Cox Survey #164, and being part of a called 59,867.27 sq. feet lot conveyed to Peoples Bank by deed recorded in Vol. 1941, Page 261, of said Official Records, said Peoples Bank 59,867.27 sq. feet lot consists partially of fot 6, City Block 286 (plat not recorded), said lot 6 originally being conveyed to Jimmy R. Slayden et ux by deed recorded in Vol. 328, Page 181, of the Real Property Records of said County and State. Beginning at a'/z' capped (NELSON SURVEYING) iron pin (s) for corner at the Southeast corner of said lot 6 and at the Southwest corner of a lot (called lot 7, City Block 286, plat not recorded) conveyed to Billy Gene Coe, Jr., by deed recorded in Vol. 1816, Page 244, of the Official Records of said County and State. Thence along the East Boundary Line of said lot 6 as follows: North 0°54'23" West a distance of 195.06 feet to a'/2' capped (RB Chaney 4057) iron pin (f) at the Northwest corner of said lot 7 and at the Southwest corner of a lot. (called lot 9, City Block 286, plat not recorded) conveyed to L.T. & Samye Lou Totty Family Trust by deed recorded in Vol. 842, Page 278, of said Real Property Records; North 0°51'59" West a distance of 113.99 feet to a'/z" capped (Chalaire 5469) iron pin (f) at the Northwest corner of a lot (called lot 10, City Block 286, plat not recorded) conveyed to Raymond Childers by deed recorded in Vol. 667, Page 802, of said Deed Records and at the Southwest corner of a lot (called lot 11, City Block 286, plat not recorded) conveyed to Paula B. Welch by deed recorded in Vol. 1856, Page 268, of said Official Records; North 0°50'42" West a distance of 51.01 feet to a'/2' capped (Chalaire 5469) iron pin (f) at the Northwest corner said lot 11 and at the Southwest corner of a lot (called lot 12, City Block 286, plat not recorded) conveyed to Kenneth Risinger et ux by deed recorded in Vol. 584, Page 772, of said Deed Records; North 1°00'38" West along the West Boundary Line of said lot 12 a distance of 63.19 feet to a iron pin (f) for corner at the Northeast corner of said lot 6 and at the Southeast corner of a lot (called lot 6-A, City Block 286, plat not recorded) conveyed to Deborah Stanphill by deed recorded in Vol. 1302, Page 254, of said Real Property Records; Thence North 89°48'02" West along the North Boundary Line of said lot 6 at 64.45 feet passing a'/" capped (NELSON SURVEYING) iron pin (f) for corner at the Southwest corner of said lot 6-A and at a present Easterly Southeast corner of lot 5-A, City Block 286 (plat not recorded), said lot 5-A also being part of said Peoples Bank 59,867.27 sq. feet lot, and continuing on a total distance of 72.46 feet to a'/" iron pin (f) for corner at the Northwest corner of said lot 6 and at a present el corner of said lot 5-A; Thence South 0020'03" East a distance of 420.82 feet to a'/2' capped (NELSON SURVEYING) iron pin (f) for corner at the Southwest corner of said lot 6 and at the Southeast corner of a lot conveyed to Allen Gifford and Bobbie Gifford by deed recorded in Vol. 1505, Page 23, of said Official Records, said Gifford lot originally being part of said lot 5, City Block 286; Page of EXHIBIT A Thence South 88°01'47" East along the North Boundary Line of Lamar Ave. a distance of 76.73 feet to the place of beginning and containing 0.723 acres, 31,473.95 square feet of land. I, J.M. Neison, Registered Professional Land Surveyor of Texas, #4025, certify to Peoples Bank, that the above described tract of land was taken from an actual survey made on the ground and completed by me on the 13th day of November, 2007, that the Plat, the Fieid Notes, and the Legend/General Notes, are to be one document and are to be recorded as one, that there doesn't appear to be any visible easements or encroachments other than those shown thereon, and that this tract of land does appear to lie in a flood zone as indicated by Community Panel No.480891 0004 B of the Flood Insurance Rate Maps. ~ J.M. Nelson, RPLS of Texas, #4025 date Page of