2008-023-ORD-AMENDING ZONING ORD NO 1710 OF COPORDINANCE NO. 2008 -023
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 3, CITY BLOCK 305, CITY OF
PARIS, LAMAR COUNTY, TEXAS, FROM A ONE - FAMILY DWELLING DISTRICT
NO. 2 (SF -2) TO A LIGHT INDUSTRIAL DISTRICT (LI) 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 an application to amend
Ordinance No. 1710 of the City of Paris, the Zoning Ordinance, to rezone LOT 3, CITY BLOCK 305
from a ONE- FAMILY DWELLING DISTRICT NO. 2 (SF -2) to a LIGHT INDUSTRIAL DISTRICT (LI);
and,
WHEREAS, on August 4, 2008, 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 August 11, 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.
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 3,
CITY BLOCK 305, City of Paris, Lamar County, Texas, from ONE- FAMILY DWELLING DISTRICT
NO. 2 (SF -2) to LIGHT INDUSTRIAL DISTRICT (LI), said property being more particularly
described in Exhibit A attached hereto and made a part hereof SAVE AND EXCEPT A 150' STRIP
OF LAND RUNNING PARALEL TO CAMPBELL STREET which shall remain Single- Family Dwelling
District 2 (SF2).
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 11th day of August, 2008.
A
ATTEST:
Ogo
nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McII , ity Attorney
GENERAL WARRANTY DEED
(CASH) 08 -8047
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: APRIL , 2008
Grantor: MARSHA R. RUSSELL, A SINGLE PERSON
Grantee: PARIS ECONOMIC DEVELOPMENT CORPORATION
Consideration: TEN AND NO /100 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.
Property:
All that certain tract, lot or parcel of land situated in Lamar County, Texas, a part
of the JOHN HERRINGTON SURVEY and being more particularly described on
the attached Exhibit "A ", incorporated herein by reference for all necessary
purposes.
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. Easement from Mrs. G. Herndon et al to Lone Star Gas Co., dated September 27, 1928 of
record in Book 223, Page 536, Lamar County Deed Records.
2. Easement from Issie Herndon to Texas Power & Light Co., dated September 1, 1938
recorded in Book 250, Page 490, Lamar County Deed Records.
3. Drainage Easement from George Berry Herndon to The City of Paris, Texas dated July 18,
1989 recorded in Book 117, Page 260, Lamar County Real Property Records.
4. Gas Line and City of Paris easement appearing on survey taken on the ground by J. M.
Nelson, RPLS dated August 11, 1991.
A reservation of all owned oil, gas, and other minerals in and under and that may
be produced from the Property is hereby reserved in favor of Grantor and Grantor's
heirs, successors, and assigns forever.
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 singularthe rights and appurtenances thereto in
anywise belonging, to have and hold it to Grantee, Grantee's heirs, executor,
E XH I B IT 058950 -2008 Pages : 3 WD
04/28/2008 02:29:24 PM By: gretchenb
Lamar County, TX
Kath Marlowe - County Clerk
11111111 6111 III IIII 1111111111111 111111111111111111111111111111111111111 IIII
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.
When the context requires, singular nouns and pronouns include the plural.
OA,�4�1 /A
MARSHA R. RUSSELL
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF LAMAR §
This instrument was acknowledged before me on the oZ V tiay of APRIL, 2008, by
MARSHA R. RUSSELL. .
.. n-AIIIN BRANCH
tw".— Public
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STATF. OF TEXAS
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After Recording Return To:
PEDC
Notary Public, State of Texas
N
1- 200'
FIELD NC
Situated Within the Corporate Limits
of the City of Paris, County of Lamar, and
State of Texas, a part of the John Herrington
Su_ -vey #436, and being a part of a 15 acre
tract of land conveyed George Berry
Herr n by deed recorded in Vol. 688,
Page 751, of the Deed Records of said County
and State.
Beginning at an iron pin (s) for corner
at the present Southwest oorne r of said
15 acre tract, said point being the Southeast
corner of a 0.78 acre lot owned by Temny
Johns-on.
Thence along a fence as follows: North
1 Deg. 01 Min. East 489.7 ft. to the
Northeast corner of an 8.97 acre tract as
shorn in Vol. 2, Page 261, of the Real
proper -ty Records of said County and State,
and the most Southerly Southeast corner
of a 196.7 acre tract of land as shown! in
Vol. 360, Page 320, of said Deed Records,•
said point being 4.5 ft. East of an iron
pin (f) ; North 0 Deg. 40 Min. East 455 ft.
to an iron Pin (f) for corner in an Fast
Boundary Line of said 196.7 aa'e tract at
the Northwest corner of said 15 acre tract,
said point being the Southwest corner of
a 9.1 acre tract of land leased to Midwest
Video by the City of Paris;
Thence South e9 Deg. 25 Min. Fast along an old fenoa a distance
of 654:2 ft. to an iron pin (s) for corner at the Northeast corner
of said 15 acre tract and the Southeast corner of said 9.1 acre.
tract, said point being in a West boundary Lire of a tract conveyed
P.D. Jefferies;
_Thence nth 0 Deg. 11 Min. west along a fence a distance of
960.7 ft. to an iron pin (f) for corner at the present Southeast
corner of said 15 acre tract and the present Southwest corner of
said Jefferies tract;
Ttience North 88 Deg. 03 Min. West along the North Boundary
Line of Campbell St. a distance of 665.4 ft. to the place of
beginnd.ng and containing 14.41 acres of lard.
I, J.M. Belson, R Tor* °*°d Professional Land Surveyor of Texas,
14025, certify that that the above depicted and described tract
of land was taken frrn an actual surrey wade by me on the ground
and completed an the 11th day of August, 1991.
(f) found (s) - set
d 2r
J.M. Nelson, R.P.L.S, of Toms, 14025 date
EXHIBIT "A"
C CHALAIRE SURVEYING, INC.
S BOUNDARY • TOPOGRAPHY • CONSTRUCTION
I
Field Notes
14.45 Acres of Land in the John Herrington Survey, Abstract Number 436
In the City of Paris, Lamar County, Texas
Being a 14.45 acre tract of land in the John Herrington Survey, Abstract No. 436, in the City of Paris,
Lamar County, Texas; being part of City of Paris Lot 3, Block 305; and being all of that certain tract of
land described in deed dated August 22, 1991 to Mack E. Russell, et ux, recorded in Volume 235, Page
43 of the Lamar County Real Property Records (L.C.R.P.R), said 14.45 acre tract of land is more
particularly described by metes and bounds as follows (all bearings cited herein are based on South 00
degrees 11 minutes 00 seconds West along the east boundary line of the herein described tract per Doc
No. 058803 -2008 of the Lamar County Official Public Records [L.C.O.P.R.]):
BEGINNING at a 3/8 -inch iron rod found in the monumented north right -of -way line of Campbell Street
(width varies per the City of Paris; no dedication found) for the southwest comer of that certain tract of
land described in deed dated April 22, 2008, to Paris Economic Development Corporation, recorded as
Document Number 058803 -2008, L.C.O.P.R. and the southeast corner of the herein described tract;
l.) THENCE North 88 deg. 05 min. 58 sec. West, along the monumented north right -of -way line of
Campbell Street, a distance of 665.73 feet to a 1/2 -inch iron rod with cap set for the southeast
corner of the residue of that certain tract of land described in deed dated June 13, 1983, to
Thomas Johnson, et ux, recorded in Vol. 659, Pg. 526 of the Lamar County Deed Records
(L.C.D.R.);
2.) THENCE North 00 deg. 52 min. 35 sec. East, along the east boundary line of said Johnson
residue tract, a distance of 202.31 feet to a 1/2 -inch iron rod found for the northeast corner of said
Johnson residue tract and the most easterly southeast corner of that certain tract of land described
in deed dated April 30, 1997, to Grady Finney, recorded in Vol. 687, Pg. 116, L.C.R.P.R.;
3.) THENCE North 00 deg. 33 min. 13 sec. East, along the east boundary line of said Finney tract, a
distance of 289.75 feet to a 6 -inch bois d'arc fence comer post found for the northeast corner of
said Finney tract and a southeast corner of that certain tract of land described in deed dated April
6, 1959, to Paris Texas Industrial Foundation, Inc., recorded in Vol. 360, Pg. 320, L.C.D.R., from
which a found 1/2-inch iron rod bears North 20 deg. 27 min. 28 sec. East, a distance of 1.47 feet;
4.) THENCE North 01 deg. 04 min. 00 sec. East, along the east boundary line of said Paris Texas
Industrial Foundation tract, a distance of 453.34 feet to a 5/8 -inch iron rod found for the
southwest corner of that certain City of Paris tract (no deed found) described as a 9.1 acre tract
leased to Midwest Video in Vol. 360, Pg. 320, L.C.D.R. and currently under lease from the City
of Paris to Cebridge Acquisition;
5.) THENCE South 89 deg. 25 min. 45 sec. East, along the south boundary line of said City of Paris
tract, a distance of 654.05 feet to a 3/8 -inch iron rod found in the west boundary line of that
certain tract of land described in deed dated August 20, 1992, to Family Worship Center of Paris,
Inc., recorded in Vol. 305, Pg. 165, L.C.R.P.R.;
Page 1 of 3
Tel 903.784.1454 •Fax 903.784.1452
1015 South Collegiate Drive Paris, Texas 76460 •
6.) THENCE South 00 deg. 00 min. 12 sec. West, along the west boundary line of said Family
Worship Center tract, a distance of 29.14 feet to a 3/8 -inch iron rod found for the southwest
corner of said Family Worship Center tract and the northwest corner of said Paris Economic
Development Corporation tract;
7.) THENCE South 00 deg. I1 min. 00 sec. West, along the west boundary line of said Paris
Economic Development Corporation tract, a distance of 931.71 feet to the POINT OF
BEGINNING and containing 14.45 acres of land.
I, Dennis E. Chalaire, certify that the above property description and the accompanying plat dated April
28 2008, represent a survey made on the ground under my supervision.
� �J��O,wgn,� -r Date April 28.2008
F
Dennis E. Chalaire, R.P.L.S. No. 5469
File: 8025Russell ti
'6&k1'6 'L CHAlA1RE
5469 Q
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Page 2 of 3
1015 South Collegiate Drive Paris, Texas 75460 • Tel 903.784.1454 • Fax 903.784.1452
NOTES:
1. The reference bearing for this survey is S 00° 11'00" W along the east boundary
line of the subject tract per Doc. No. 058803 -2008, L.C.R.P.R.
2. A metes and bounds description dated April 28, 2008, accompanies this plat.
3. Subject property is in Zone C (Areas of minimal flooding) per FEMA FIRM,
Community Panel No. 480427 0001 B, effective December 15, 1983.
4. A blanket pipeline easement was granted to Lone Star Gas Company in Vol. 223,
Pg. 536. L.C.D.R.
5. An easement and right -of -way for electric utility lines. two power poles, and one
guy anchor, to be located one foot north of the south property line of the subject
tract, was granted to Texas Power & Light Companty in Vol. 250, Pg. 490, L.C.D.R
L.C.O.P.R. - Lamar Co. Official Public Records
L.C.R.P.R. - Lamar Co. Real Property Records
S.I.R. - Set 1/2" IR w/ Cap "RPLS 5469"
L.C.D.R. - Lamar County Deed Records
L.C.P.R. - Lamar Co. Plat Records
OHL - Overhead Utility Lines
P.O.B. - Point Of Beginning
R.O.W. - Right -Of -Way
WM - Water Meter
JOHN HERRINGTON SURVEY PP - Power Pole
ABSTRACT NO. 436 GM - Gas Meter
IR - Iron Rod
CITY OF PARIS
NO DEED FOUND FAMILY WORSHIP CENTER OF PARIS, INC.
FND. FND. VOL. 305, PG. 165, L.C.R.P.R.
AUG. 20, 1992
5/8" IR S 89'25'45 "E 654.05' ; 3/8" IR
PARIS TEXAS INDUSTRIAL
U
FOUNDATION, INC.
C11 0 iN
VOL. 360, PG. 320, L.C.D.R.
Co
APR. 6, 1959
4
fV
r7
-
M
VOL 687, PG. ti6, LC.R.P.R.
3
RECORDS OF LAMAR COUNTY, TEXAS
w
0' 200' 400'
0
0
M
O
FND. 6" BOIS D'ARC
o
FEN. COR. POST
Z
FND. 1/2" IR BRS.
N 20'27'28" E, 1.47'
p
WI"In
LOT 2
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C11 0 iN
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SURVEY OF THAT CERTAIN TRACT OF
4
fV
GRADY FlNNEY
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VOL 687, PG. ti6, LC.R.P.R.
3
RECORDS OF LAMAR COUNTY, TEXAS
APR. 30, 1997
0' 200' 400'
Li
M
m
M
M
p
Z
FND.
W
U
Z
W
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THOMAS JOHNSON, ET UX
VOL 659, PG. 526, L.C.D.R.
Y
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CVO in
JUNE 13, 1983 - RESIDUE
N
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o
=
Z
S.I.R.
ME TER
OVERHEAD UTILITY LINES AND
POWER POLES ARE
CURRENTLY LOCATED SOUTH
OF THE MONUMENTED
RIGHT -OF -WAY LINE
(SEE NOTE 5 )
S 00'00'12 "W 29.14"
/ FND. 3/8" IR
+ w
I 3
+
a
m
CITY OF PARIS BLOCK 305
MACK E: RUSSELL. SELL. ET UX I
VOL. 235, PG. 43, L.C.R.P.R.
AUG. 22. 1991
M LOT 5
14.45 AC. /
I 3 PARIS ECONOMIC
DEVELOPMENT CORPORATION
I DOC. NO. 058803 -2008, LC.O.P.R.
APR. 21, 2008
�W
a
ICITY OF PARIS
C DRAINAGE EASEMENT
i VOL 117, PG. 260. LC.R.P.R.
1/2- IR / W ( cALiEO 1.os AC.
0 In
+ I co
/ I
P.O.B.
OHL N 88'05'58 "W 665.73' 80 FND. 3/8" IR
PP HL PP HL R.O.W.
CAMPBELL STREET CONC
(width varies per City of Paris; no dedication found) DITCH
CHALAIRE SURVEYING, INC.
1015 S. COLLEGIATE Da • PAaus, Tx 75460 -7489
Ph. 903-784-1454-Fax 903 - 784 -1452
I COUNTY: LAMAR I CITY: PARIS, TEXAS
( DATE: APRIL 28, 2008 I FILE: 8025RUSSELL.DWG
SCALE: 1"=200'
PAGE: 3 OF 3
OF
C11 0 iN
DENNIS E. CHALAIRE
SURVEY OF THAT CERTAIN TRACT OF
r :9 5469 ...
9 ...,0, ae:: Q
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LAND DESCRIBED M DEED TO MACK E.
......
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RUSSELL, ET UX, RECORDED M VOL,
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235, PG. 43 OF THE REAL PROPERTY
d
RECORDS OF LAMAR COUNTY, TEXAS
0' 200' 400'
CITY OF PARIS
COMMUNITY DEVELOPMENT DEPARTMENT
P. 0. Box 9037 ■ Paris, Texas 75461 - 903 - 784 -9234
APPLICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED: 2 Zoning Change
PROPERTY INFORMATION:
Address: 2000 Block of Campbell Street
Name of Business or Building (if applicable):
Lot 3 Block 305 Subdivision City of Paris
For Office Use Only Request Numberac —P -O
Date Rcvd: J 1. 10 Mtg Date: O
❑ Specific Use Permit ❑ Planned Development
Current Zoning: One - Family Dwelling District No. 2 (SF -2) Proposed Zoning: Light Industrial District (LI)
What is the proposed use of the property? Industrial Development and Industry Recruitment through the Paris Econ. Dev. Corp.
Describe the character and /or nature of uses of surrounding property. Light Industrial (LI); General Retail District (GR); One - Family
Dwelling District No. 2 (SF -2) and One - Family Dwelling District No. 3 (SF -3)
Will the re -zoned designation be compatible with the classification and use of adjoining Iands?<Zjjy No
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? es No
If No, why are you requesting a change in the permitting uses?
OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from the owner is required. If you are purchasing the property, a copy of
the contract may be used in lieu of a permission letter ONLY IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning
change.)
Applicant's Name: Paris Economic Development Corporation
Applicant's Address: 1125 Bonham, Paris, Texas 75460 Phone: 903 - 784 -2501
Property Owner's Name: Same as above
Property Owner's Address: Phone:
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REQUIRED SUBMITTALS (check those items which are included):
0 Completed application signed by the owner /applicant If Planned Development requested, include also:
0 Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan
❑ Permission letter from owner
❑ Copy of contract to purchase the property
I have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Fe ftal L vysX/ill,pe complied with, whether herein specified or not. I certify that I am the owner of the above property or his
duly authorize t ��
Signed:_
Print Nam
Address: 1125 Bonham St., Paris, Texas 75460
Phone Number:903- 784 -2501
Fax Number: 903 - 784 -2503
SWORN TO AND SUBSCRIBED BEFORE ME this 2nd day of My, 2008.
Received
Notary Public, State of Texas
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FILED: , . , � � -; � ,,, �,,,,, � 12/06
ry PYP&aGShannon N. Barrentine
Notary Public
Cfty of Paris STATE OF TEXAS s
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M E M O R A N D U M
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Lisa A. Wright, Director of Community Development
SUBJECT: Zoning Change Request - Paris Economic Development Corporation
200 block of W. Campbell Street
DATE: June 2, 2008
The following zoning change request will be presented at the June 2, 2008, meeting of the
Planning and Zoning Commission and the June 9, 2008, meeting of the City Council of the City of
Paris for consideration:
1. Paris Economic Development Corporation is requesting that the property located on Lot 3,
City Block 305, being located in the 2000 block of Campbell Street, be rezoned' from a One
Family Dwelling District No. 2 (SF -2) to a Light Industrial District (LI). The Comprehensive
Plan recommends that this property be zoned Low Density Residential.
Approval of this request would require an amendment to the Comprehensive Land Use Map.
cc: City Attorney's Office