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2008-017-ORD-AMENDING ZONING ORDINANCE NO. 1710 OTH THE CITY OF PARIS TEXAS AS HERTOFORE AMENDED SO AS TO REZONE LOT 18 BLOCK 203 SCOTT & BRADEN ADDITIONORDINANCE NO. 2008 -017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOT 18, BLOCK 203, SCOTT & BRADEN ADDITION, ALSO KNOWN AS 2306 W. KAUFMAN, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE - FAMILY DWELLING DISTRICT NO.2 (SF- 2) TO A COMMERCIAL DISTRICT (C) 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 18, BLOCK 203, SCOTT & BRADEN ADDITION from a ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2) to a COMMERCIAL DISTRICT (C); and, WHEREAS, on June 2, 2008, the Planning and Zoning Commission conducted a public hearing on said proposed amendment to the City zoning ordinance and, and, following said hearing, made formal recommendation to the City Council to deny said proposed zoning change; and, WHEREAS, a written protest against the proposed rezoning of this property has been received from in excess of twenty percent (20 %) of the owners of the property within 200 feet of the boundary lines of the proposed tract to be rezoned, thereby requiring a three- quarter (3/4) majority vote of the City Council to approve the rezoning of the property; and, WHEREAS, on June 9, 2008, 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; and approved the rezoning of the property from a One- Family Dwelling District (SF -2) to a Commercial District (C) by a vote of 7-0 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 18, BLOCK 203, SCOTT & BRADEN ADDITION, City of Paris, Lamar County, Texas, from ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2) to COMMERCIAL DISTRICT (C), 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 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 9th day of June, 2008. J sse fame Freelen, Mayor ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: R A% � �0 � � W. Kent McI ar ity Attorney 8 Pages: 2 WD 057662 -200 03/17/2006 09:44:00 AM By: gretchenb Lamar County, TX Kath Marlowe - Count Clerk 11111111 I11I11111 I11I 1111111 I I I 111111111111111111111 Im 1111111111111111 GENERAL WARRANTY DEED (CASH) 08 -7882 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: MARCH 14, 2007 Grantor: BARBARA O. SMITH, A SINGLE PERSON Grantee: TERRY ALLEN Consideration: TEN AND NO 1100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby fully acknowledged and confessed. �r P,pL�s j ►., Property: -75—)38 All that certain tract, lot or parcel of land situated in Lamar County, Texas and being Lot Eighteen (18) of the Scott & Braden Addition (now known as City. Block 203), and as shown on plat of record in Book 1, Page 11, Lamar County Plat Records. Reservations From and Exceptions to Conveyance and Warranty: This conveyance, however, is made and accepted subject to all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, relating to the herein above described property as now reflected by the records of the County Clerk of Lamar County, Texas. 1. All easements, rights of way building/set back lines and other matters as appear on plat of Scott & Braden Addition of record in Book 1, Page 11, Lamar County Plat Records. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. Payment of ad valorem taxes for the current year having been assumed by Grantee. EXHIBIT g