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2008-046-ORD-AMENDING ZONING ORD NO 1710 OF COPORDINANCE NO. 2008 -046 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 1, CITY BLOCK 307 -A, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A COMMERCIAL DISTRICT (C) 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 a request for an amendment to the zoning ordinance of the City of Paris to rezone LOT 1, CITY BLOCK 307-A, City of Paris, Lamar County, Texas from a COMMERCIAL DISTRICT (C) to a LIGHT INDUSTRIAL DISTRICT (LI); and, WHEREAS, on November 3, 2008, the Planning and Zoning Commission conducted a public hearing on the proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council to approve the requested zoning; and, WHEREAS, on November 10, 2008, the City Council of the City of Paris conducted a public hearing on the proposed amendment to the City zoning ordinance, and having considered the recommendations of the Planning and Zoning Commission and the to timony and evidence introduced at said public hearing, found and determined that ap roving the aforesaid zoning change would be consistent with the comprehensive plan of th City of Paris, consistent with the City zoning ordinance, and in the best interests and to th 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 P RIS, TEXAS: in lSection 1. That the findings set out in the preamble to this ordinance are hereby ill 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 1, CITY BLOCK 307 -A, City of Paris, Lamar County, Texas, from COMMERCIAL DISTRICT (C) to LIGHT INDUSTRIAL DISTRICT (LI), said property being m re 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 co flict 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 sh Il 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 u der 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 se tion 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 finance, and every provision hereof, shall be considered severable, and the invalidity or •tial invalidity of any section, clause, or provisions of this ordinance shall not affect the idity 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, may 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 se tions shall constitute and be deemed a separate offense. Section 8. Introduced and read on first reading on November 10, 2008, at a .filar meeting of the City Council of the City of Paris and read and passed on second ling on November 24, 2008, at a regular meeting of the City Council of the City of Paris; same being two (2) separate regular meetings of the City Council of the City of Paris. Section 9. That this ordinance shall become effective from and after its passage of second reading and publication as required by law. 4PASSED AND ADOPTED by the City Council of the City of Paris, in regular session, s 24th day of November, 2008. n Ellis, City Clerk PROVED AS TO FORM: W.I Kent M esse Ja s Freelen, Mayor � pv,r1/Oo i r v..s CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 x Paris, Texas 75461 s 903 - 784 -9234 City of Paris APPLICA ION FOR ZONING CHANGE For Office Use On/ Roque umber: \ � 1Date Rcvd: Mtg Date: TYPE OF ACTION REQUESTED: W Zoning Change ❑ Specific Use Permit D Planned Development PROPERTY INFORMATION: Address: . ".1 5 Tie Main Street Name of Busir ess or Building (if applicable): Lot l Blocky t-4 Subdivision Current Zonin : Commercial Proposed Zoning: Light Industrial What is the proposed use of the property? Warehouse Describe the character and /or nature of uses of surrounding property. Commercial & Heavy Industrial Will the re-zoned designation be compatible with the classification and use of adjoining lands? Yes / No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes No If No, why are y u requesting a change in the permitting uses? Size of warehouse and land use OWNER /APPLI ANT 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 maybe usedin lieu of permission letter ONLYIF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning change.) Applicant's Na e: Mark Jones Applicant's Addrp ss: 380 PR 42495, Paris,TX Phone: 903- 784 -7247 Property Property Owner' a ■mama■mmaRa REQUIRED SUI Completed aK dopy of a dee • Permission le • Copy of contr. I have carefully State, and Fed( duly authorized Signed:_ Print Name: Date: % C Name: Mark Jones Address: 3R0 PR 42495 Phone: 903- 737 -8089 moamiaaaaaaamaaa■ ■ma■ was ■■ Room aRataR■■ ■na■KIN a WE RUN o■■aam as as up us on am no 0 an 11-musamonown ■ow5 MITTALS (check those items which are included): 4ication signed by the owner /applicant If Planned Development requested, include also: with metes and bounds ❑ Four (4) copies of a preliminary site plan er from owner 't to purchase the property ad the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local, it Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his Sent. Address: L) 'p, Phone Number: 3 3' ° Fax Number: < SWORN T UBSCRIBED RF;F=nP ME this day of 20 D� Julia Lizabeth Drake My Commission Expires v 01/11/2011 Notary ubli State of Texas FILED: I 1910A 1 h -0. �i WI Then East 198. (f) at th of said 1 46 Deg. Northeast iron pin Thei distance west cor ft. from The the Sout and cont V 9- .0 CO lv G 0' I eo R D t•��fr 7.1 �( � N A 1 � 1 0 b � c Zst. +• lu = 100 (f) = found (s) = set FIELD NOTES M ' N Situated within the Corporate Limits-Of the City Of W a Paris, County of Lamar, and State of Texas, ofptract 6 of �4 RedSecondssell Survey wn78n�aaPartetnonaDeed as recorded in s Vole 361, Page 235, of the Deed Records of said County and State, said tract 6 being cwnvd5etract021iP1at11 ,Cassmecorded land a being a tract of 185, i Aped Records. in Vol. 378, Page r corner at the Northeast Beginning at an .d oint being the Southeast corne corner of said Chism trac C�`��� th 1 /3) as shown as the Third of a part of tract 8 (describS part as shown in said Partition De id tract 8 being conveyed to Charlene Smith. 271 as follows: South 0 Deg. 42 Min. :e along the Westerly Boundary Line of U.S. Hwy. Min, West 84.2 ft. to a concrete mark G ft. to a concrete marker (f); South 44 Deg. present most Easterly Southeast corner of said tract 6; Page h Northerly Boundary Line of a County Road as4df crtoean� iron 1pin 7(s);S 1 :e along the 27 Min. West 252. aed Records, as follows: South 79 Deg. West at 25 ft. passing the original South Boundary lldistanceaof 305.8 fta to at I Min. corner of said tract 2, Plat 1, and continuing on Plat 1; & S.F. Railroad (s) for corner at the South corner of said tract corner of said tract 6 and the So ce North 4 Deg. 22 Min. East along the East Boundary Line of the S.L. of 513.8 ft. to a point for corner at the Northwest Deg ' 42 Min. East a distance of 1 er of said Smith tract 8, said point being North 89 Deg. said Chism tract 6 and an iron pipe (f); innin ice North 89 Deg. 42 Min. East along the North Boundary Line o r Boundary ine of said Smith tract 8 a distance of 487.9 ft. to the place of beg Y Lining 3.753 acres of land. I, .M. Nelson, Registered and described tract of land was and 3rd days of October, 1989. Public oactualesurvey4made that the above the1 taken from rom an an 2n COPY --- - - - - -- - FOR 9NgpECTlON � T_..__ Y C to NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, ,U MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION OM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY FORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL CURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GIFT DEED E STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: LINTY OF LAMAR } THAT J -10, INC., A Texas Corporation, by and through its duly authorized President called "grantor "), of the County of Lamar, State of Texas, for the purpose of making a gift e grantees herein named; have Granted, Given and Conveyed, and by these presents do Grant, Give and Convey, unto X G. JONES and wife, DEBORAH L. JONES (herein called "grantees "), of Lamar ty, Texas, where their mailing address is L W allithose certain tracts or parcels of land in Lamar County, Texas described as follows: Two (2) tracts of land in the Reddin Russell Survey, Abst. No. 786, within the corporate limits of the City of Paris, containing 3.753 acres of land and 3.701 acres of land; being the same property described in Jeeds to J -10, Inc., A Texas Corporation, of record in Book 175, Page 320, and in Book 1320, Page 149, La nar County Real Property Records, and more fully described in Exhibit "A" attached hereto and made a pat hereof for all necessary purposes. The conveyance evidenced by this deed is made subject to any and all easements, rights -of -way, re trictions, covenants, conditions and reservations of record applicable to the within described property or an part thereof. TO HAVE AND TO HOLD the within described property and premises, together with all singular the rights and appurtenances thereto in anywise belonging unto MARK G. JONES and wife, DEBORAH L. JONES, their heirs or assigns forever. WITNESS this _ff day of 2008. TIIE STATE OF TEXAS ) CC LINTY OF LAMAR ) by IN OI J -10, INC., A Texas Corporation C Mark 1G. Jones, P ident Duly Authoriz THIS instrument was acknowledged before me on the T day of 2008, EZK G. JONES, in the capacity therein stated. Notary P i , tate of Texas �L,in��r7( Alan/ imI/ NIJdIn /anmtrrr►unrinuN,uNpllfl� AK CLENI i ,•} NOTARY PUBLIC STATE OF T S r 7 .f' & yIr/ /pIQ1lJRl THIS INSTRUMENT WAS PREPARED SOLELY FROM INFORMATION AND ON TRUCTIONS GIVEN TO US BY OUR CLIENT. NO TITLE OPINION, TITLE EXAMINATION OTHER INFORMATION HAS BEEN FURNISHED TO US IN CONNECTION WITH ITS 'PARATION. A. W. CLEM, ATTORNEY . RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Mrs. ark G.J�3 A. W. Clem, Attorney 49 c/o The Moore Law Firm, L.L.P. �4� 100 N. Main, Paris, TX 75460 -4222 -2- TRACT T Situ Texas, a 1/3) of t Deed Reco Begi Doint bei Then west corn North 89 Then Lance of . S mi ith t r a Then the North Then 335.9 ft. ti 4It f• _ �f1rS`� 4� �. � • 1�C� w w L lu a x 0 y h S V v � '. F orT _ _ l,s TRACT ONE: FIELD NOTES (f) - found (s) - set ti. 7 W Situated within the Corporate Limits of the City cf Paris, County of Lamar, and State of Texas, a part of tte h It ({ Reddin Russell Survey 1786, and being a part of tract 6 of f J'S the Second part as shown in a Partition Deed as recorded in S6 �' Vol. 361, Page 235, of the Deed Records of said County and State, said tract 6 being conveyed to 011ie Bell Chism, and being a tract of land as shown as tract 2. Plat 1, as recorded in Vol. 378, Page 185, of said Deed Records. Beginning at an iron pipe (f) for corner at the Northeast corner of said Chism tract 6, said point being the Southeast corner of a part of tract B (described as North 1/3) as shown as the.Th :rd part as shown in said Partition Deed, said tract 8 being conveyed to Charlene Smith. Thence along the Westerly Boundary Line of U.S. Hwy. 271 as follows: South 0 Deg. 42 Mir. East 196.4 ft. to a concrete marker (f); South 44 Deg. 27 Min. West 84.2 ft. to a concrete rzrker (f) at the present most Easterly Southeast corner of said tract 6; Thence along the Northerly Boundary Line of a County Road as described in Vol. 374, Page 104 of said Deed Records, as follows: South 79 Deg. 27 Min. West 252.4 ft. to an iron pin (s); South Z6 Deg. 37 r.in: West at 25 ft. passing the original South Boundary Line of said lot 6 and the Northeast corner of said tract 2. Plat 1, and continuing on a total distance of 305.8 ft. to an iron pin (s) for corner at the South corner of said tract 2, Plat 1; Thence.r)orth 4 Deg. 22 Min. East along the East Boundary Line of the S.L. 6 S.F. Railroz "_ a Cistance of 513.6 ft. to a point for corner at the Northwest corner of said tract 6 and the Soutt rest corner of said Smith tract S. said point being North 69 Deg. 4.2 Min. East a distance of 1.9 :t. from an iron pipe (f); Thence I...rth 69 Deg. 42 1-iin. East along the North Boundary Line of said Chism tract 6 a,. the SouLl, Line of said Smith tract B a distance of 487.9 ft, to the place of beginning and contzir.M7 3.753 acres of land. ed within the Corporate Limits of the City of Paris, County of Lamar, and Stale of rt of the Reddin Russell Survey 1756, and being a part of tract 8 (described as North Third part as shown in a Partition Deed as recorded in Vol. 361, Page 237, of the !s of said County and Ste Le, said tract 8 being conVeyed to Charlene Smith. ing_at an iron pipe (f) for corner at the Southeast corner of said Smith tract, said the Northeast corner of a tract now owned by 011ie Bell Chism. South 89 DeG. 42 Min. West a distance of 487.9 ft. to a point for corner at the South - of said Smith tract and the Northwest corner of said Chism tract, said point being g. 42 Min. East a distance of 1.9 ft. from an iron pipe (f); North 4 Deg. 11 Min. East along the East Boundary Line of the Kiamichi Railroad a dis- 3.3 ft. to an iron pin (s) for corner at a fence corner at the Northwest corner of said and the Southwest corner of a tract of land owned by Blair; South 89 Deg. 53 Min. East a distance of 458.7 ft. to an iron pin (s) for corner at st corner of said Smith tract and the Southeast corner of said Blair tract; South 0 Deg. 42 Min. East alone the West Boundary Line of U.S. Hwy. 271 a distance of o the place of beginning and containino 3.701 acres of land. E X H I B I T "A" A Q 0' v N 1' k V e oa W v � w S89•S3' M b S .4Q °4z' W � +,� py ' i-:UR INSPECT!® P1 rRPr.)SES ONL X• A N �1 �i � w s� X87.4 ' o- .FIELD NOTES J In = i0U' (f) = found (s) = set Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of �!xas, a part f the Reddin Russell Survey #736, and being a part of tract 8 (described as North /3) of the Third part as shown in a Partition Deed as recorded in Vol. 361, Page 237, of the Red Records of said County and State, said tract 8 being conveyed to Charlene Smith. Beginnin oint being t Thence S est corner o orth.89 Deg. Thence N ante of 343. iith tract a Thence S he Northeast Thence S 38.9 ft. to 1, J.M. epicted and he 27th day I; at an irun pipe (f) for corner ac t1it So4�irea ZY � ner of said Smith tract, said Northeast corner of a tract now owned• bar�11 t' lell Chi sm. South- said 89 Deg. 42 Min. West a distance of 48 n(t apoint for corner dt the said Smith tract and the Northwest corner of Chism tract, said point being 2 Min. East a distance of 1.9 ft. from an iron pipe ifs; th 4 Deg. 11 Min. East along-the East Boundary Line of the Kiamichi Railroad a dis- ft. to an iron pin (s) for corner at a fence corner at the Northwest corner of sail the Southwest corner of a tract of land owned by Blair; th 89 Deg. 53 Min. East a distance of 458.7 ft. to an iron pin (s) for corner at orner of said Smith tract arid the Southeast corner of said Blair tract; th D Deg. 42 Min. East along the West Boundary Line of U.S. Hwy. 271 a distance of e place of beginning and containing 3.701 acres of land. flson, Registered Professional Land Surveyor of Texas, #4025, certify that the abov, ?scribed tract of land was taken from an actual survey made by me on the ground on F April, 1990. J.M. Nelson, R.P.L.S. of Texas, #4025