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32 Planning & Zoning; Public HearingCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 2/8/09 Planning & Zoning Lisa A. Wright, Director of Council Date: Commission Community Development 32. 2/23/09 RECOMMENDED MOTION: Not an action item - first reading and public hearing PoLicY IssuE(s): Planning & Zoning; Public Hearing BACKGROUND: The current Comprehensive Plan and accompanying Future Land Use Map was adopted on September 6, 2001. A revised Map and Legend Explanations were adopted on May 12, 2008. Any zoning changes which do not comply with the recommended uses shown on the Future Land Use Plan Map require a formal amendment to such Map. The property owner of Lots 9 and 10, Block 3, Maryville Addition, being numbers 1004 and 1010 ] 2tn Street S.E. wishes two construct two duplexes on this property. The Future Land Use Plan Map recommends that this area be zoned for Low Density Residential use, which will not allow the proposed project to move forward. On January 5, 2009, the Planning and Zoning Commission recommended that the City Council amend the Map to allow for High Density Residential use. One citizen spoke in favor of the request and no one spake against it. BOARD/CAMMISSION RECOMMENDATION: The Commission recommended that the Future Land Use Plan Map be revised by a vote of 6-0. EXHIBITS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Depariment Report ❑ Resolution Budgeted Amt $ ❑ Presentation ~ Ordinance - y'TD Actual $ ~ Public Hearing ❑ Ot her Acct Name Acct Nusnber FiscAL NoTES: REVIEWED AND APPROVED BY: E Administration E City Clerk E Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court [D Legal ❑ Libraiy ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 DRAFT attorney\ordwork\current\Amend Land Use Plan Map Ord 2-23-09 ORDINANCE 1V0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND ADOPTING REVISIOIVS TO THE FUTURE LAND USE PLA1V MAP FOR THE CITY OF PARIS AS SET FORTH HEREIN; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 211.004 of the Local Government Code requires that all zoning regulations must be adopted in accordance with a comprehensive plan and must be designated to lessen congestion in the streets; secure safety from fire, panic, and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land, avoid undue concentration of population; or facilitate the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and, WHEREAS, on September 6, 2001, the City Council of the City of Paris enacted Ordinance No. 2001-054 which adopted a new Comprehensive Zoning and Land Use Plan for the City of Paris; and, WHEREAS, on May 12, 2008, the City Council of the City of Paris enacted Ordinance No. 2008-016 amending the Future Land Use Plan Map and Future Land Use Plan Map Legend Explanations; and, WHEREAS, on February 2, 2009, the Planning and Zoning Commission held a public hearing to review and consider a request to amend the Future Land Use Plan Map as set forth in Exhibit A attached hereto and following the public hearing recommend the amendment to City Council; and, WHEREAS, on February 23, 2009, the City Council of the City of Paris held a public hearing to receive input from the citizens of the City of Paris regarding the proposed amendments to the Future Land Use Plan Map as set forth in Exhibit A attached hereto; and, WHEREAS, following the public hearing and consideration of the proposed amendment to the Future Land Use Plan Map for the City of Paris, the City Council determined that these amendments would be in the best interest of the City of Paris and its citizens, and the same should be approved. 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. ~ 0 Oa 18 5 Section 2. That the proposed amendments to the Future Land Use Plan Map of the City of Paris, attached hereto as Exhibit A and made a part hereof, be and they are hereby approved and adopted. Section 3. 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 4. 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 5. 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 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above- enumerated sections shall constitute and be deemed a separate offense. Section 7. Introduced and read on first reading on February 23, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on March 9, 2009, at a regular meeting of the City Council of the City of Paris; the 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 the second reading and publication as required by law. PASSED AND ADOPTED on second and final reading this 9th day of March, 2009. Jesse James Freelen, Mayor ATTESTED: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney - U()E118b EXHIBIT "A" The recommended amendments to the Future Land Use Plan Map are as follows: Property located on Lots 9 and 10, Block 3, Maryville Addition, being numbers 1004 and 1010 12th Street SE, be changed from Low Density Residential to High Density Residential. U(1I)1S"r DRAFT F:ALICE\ORDWORK\CURRENT\02-23-09 Zoning Ords ORDINANCE NO. AN ORDIIVANCE OF THE CITY COUIVCIL OF THE CITY OF PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOTS 9 AND 10, BLOCK 3, MARYVILLE ADDITION, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A TWO-FAMILY DWELLING DISTRICT (217) TO A MULTIPLE-FAMILY DWELLING DISTRICT NO. 1(MF-1), 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 Lots 9 and 10, Block 3, Maryville Addition, being numbers 1004 and 1010 12~h Street SE, City of Paris, Lamar County, Texas from a Two-Family Dwelling District (2F) to a Multiple-Family Dwelling District No. 1 (MF-1); and, WHEREAS, on February 2, 2009, 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 February 23, 2009, following notice and publication as required by law, the Ciry 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 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 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 Lots 9 and 10, Block 3, Maryville Addition, City of Paris, Lamar County, Texas, from a Two-Family Dwelling District (217) to a Multiple-Family Dwelling District No. 1(MF- 1), said property being more particularly described in Exhibit A attached hereto and made a part hereof. w U001811 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 provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section B. Introduced and read on first reading on February 23, 2009, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on March 9, 2009, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. [or] Section B. That the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances ayes and _ nays. Section 9. That this ordinance shall become effective from and after its passage of the second[first] reading and publication as required by law. PASSED AND ADOPTED on by the city Council of the city of Paris, in regular session on this the 9th day of March, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, Ciry Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney t) 19 ~ r, L t), CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. 0. 8ox 9037 ■ Paris, Texas 75461 ■ 903-784-923a For OlfirQ Uso Ori/y Roqueet Numbcr: APPi.ICATION FOR ZONING CHANGE k ~ q ~ ` Date Rcvd Mtg Dete: TYPE OP ACTION REQUESTED: V4oning Change ❑ Speclfic Use Permit D Planned Development PROPERTY INFORMATION: .idrPCC: I 6)o Ar Nsme of Buslness or Buildinp (If applicable): Lot q- 10 Block Subdivision ~ CijrrPn! 7nninp~TA)0'-FtqI'yl ♦ N What is the proposed use of ihe properiy? ~ PropOsod Zonins . A ~ N- Describe the character andlor nature of uses of surrounding property. Will ihe re-zoned designation be compatible with the classification and use of adjoining lands Ye / No It No, how do you propose to reduce any adverse impaCt7 Is the tract unsuitable for uses permitted under the present zoning classification? Ye / No If No, why are you requesting a change in the permitting uses? OWNEl21APPLICANT INFORMATION: (n you are not tne owner, a permisaion ktter hom fAe owner ia requlred. It you are purcheslnp fhe property, a copy of Ihp ennlraM may be useb M Bau of A pamfetlon leffcr ONLYl1' Mt conhac t piovidM (bui fln: purihase /5 conifngen( (1p00 IItC ippllt2n! BNCCQSSN/!y ODi0lnfny I LOtlltlg CIIAnpl.) o Applicant's Name: -1 10R Applicant's Address: 1•O , Phone: DS S SD'('~ Property Owner's Name: Property Owner's Address: 1 , ~ IT~ • V-812ST ■~~~wt~~r~.~~~~~~r~~■~~~~~~r■s~r~~~~~r~~■ REQUIRED SUeMITTALS (check those Items which are included): mpleted epplication signed bv the ownerlapplicant t~~Copy of a deed wRh metes and bounds O Permission letterfrom owner ❑ Copy of contract lo purchase the property 7sVZ Phone: g-05~ g~2a-3 10-i i~~~~~~~~~~~~■~■~~~~~r~.ra~~~~ra~~■~~~~r~~~r• 1f Pla►►ned Oevelopment rQquoctod, includo aico: ❑ Four (4) coples of 8 pretiminery site plan I have carefully read the complete application and know the same is true end cortect. I hereby agree to comply with all provisions of loCal, State, end Federal L s will be complied ith, whether herein specifled or not. I cerlify that I am thP nwnPr nf the above property or his duly authorized age ~ Sfgned: Po~LI)x 17 &ku . fix ILyL Print Name: JFA Phone Number " 9 Date: Fax Number: SWORN TO AND SUBSCRIBED BEFORE ME this, -day of/- ^Z0i.~in .0 ^ ~~~PT ►U 4i " , KARMYN A. MOORE Ja1, ~j~ Notary Public, 5tete of Texas My Commisslon Expires FiLED: Mp ot)01y", BY:-Lt~j ~ • ~ : 5 063078-2008 Pages: 5 WD 09/15/2008 09:37:49 AM By: gretchenb Lamar County, TX Kathy Marlowe - County Clerk 11111111111111 III IIlI 11113 I1IIII IIII IIII III'I II1I'll III IIIII II1II I11l II1I NOTICE OF CONFIllENTIALITY RIGHTS: 1F YOU ARE A NATUI2AL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF T1-IE FOLLOVI'ING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REA1, PROPERTY BEFORE IT IS FILED FOR RECORD IN THE 1'UBL1C RECORllS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE Nl1MBER. WARRANTY DFED (with Vendor's Licn) THE STATE OF TEXAS ) KNOVV ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) T;-~~T PAi Fi WAy (;lririJRCi-i UF GUD OF PARIS, A Texas Non-Profit Corporation (herein called "grantor"); of the County ol'Lamar, State oCTexas, acting herein by and through its duly authorized representatives, for and iia consideration of the sum of 1'en ($10.00) and more Dollars cash to it in hand paid by AT'LY ENTEI2PRISE, INC., A Texas Corporation, receipt of which is hereby aclcnowledged; and Ten thousand and no/] 00 ($10,000.00) Dollars paid by PEOPLES BANK, Paris, Texas, for the grantee herei» at its special instance and request, which sum of' $10,000.00 is evidenced by vendor's lien note executed by grantee herein, payable to PEOYLES I3ANK as therein provided, secured by the vendor's lien herein retained and additionally secured by deed of trust to T. Bradley Perry, Trustee, for the benefit of tlZe holder of said notc. 1'1ie vendoi` s lien herein retaincd is hereby transferred and assigned to YEOYLES 13ANK, I'aris, Texas, and it is subrogated to all the rights thereto as if it were the original grantor herein; have Granted, Sold and Conveyed, and by these presents do Grant. Sell and Convey unto ATLY ENTEKPRISE, INC., A Texas Corporation (herein called "grantee"), of the County of Lamar, State of Texas, where its mailing address is P. O. Box 177, Paris, 7~exas 75461-0 177, all that certain tract or parcel of land in Lamar County. "I'exas described as follows: UO[)1~0 A part of the Larkin Rattan Survey Nvithin the corpocate limits of the Cityo uf Paris, being Lots Nine (9) and Ten (10) in Block Three (3) of the Maryville Addition, according to the Replat of Lots 9 and 10 in Block Three (3) of such Addition, of record in Envelope 259-13, Lamar County Plat Records, and being part of the property described in deed to PathNvay Church of God of Pai-is, A"rexas Non-Profit Corporation, dated April 21, 2001, of record in Book 1076, Page 08£, Lamac County Real Property Records; reference beino made to all the above mentioned instruments and records for all necessary purposes. TO HAVE AN1) TO HOLll the withiil described premises, together with all and singular the rights and appurtenances therzto in anywise belongincy unto ATLY ENTI:RPRISE, INC., A Teaas Corporation, its successors or assigns f:orever; and grantor hereby binds itseif; its successors and assi~ns, to Warrant and Forever Defend, all and singular the within described property and premises unto ATLY ENTERPRISE, INC., A Texas Corporation, its successors and assigns, against eveiy person whomsoever lawfiilly claiming, or to claim the same, or any part thereof. BUT IT IS EXPRESSLY AGRF,rD and stipulated that the vendor's lien is retained as aforesaid against the within described property, premises and improvements until the above described note, and all interest thereon, are fully paid according to its face and tenor, eftect and reading, when t11is deed shall become absolute. w U() 0, 1 :~1"t , day of Septeinber, 2008; Effective September 12, 2008. WITNESS this - PATHWAY CIIURCH OF GOD OF PARIS A Texas Non-Profit Coxp iration % B Y• • __.f~~.~i. MAR A. AINSWORTH, Pastor D Au horize ~ R NA RAHAM, Eldcr, Duly Authorized , PRENTICE HALL, Elder, Duly Authorized 7 MES R. HOLLAND, Elder Duly Authorized S EVE SHANNON, Elder, Duly Authorized w~ CLINT SPEA S, EIder, Duly Authorized 0 , ~~'~~ti,,,~, ~j ) VrRNON THOMPSON, Elder Duly Authorired VICKLi YK. LUM~AN, Secretary/Treasurer Duly Authorized ~ m 0 UV19 `5 THE STATE OF TEXAS COUNTY OF LAMAR s acknowledoed beforc me on thc,6 day of September, 2008, by MARK A. t wa TH1S instrume.n d i . n siate AINSWORTH, in the capacity there ,_}`pR5 Andrea K. Briscae ° . Notary Public, State of Texas Nofary Public ; ° =s;•✓3,p STATE OF TEXAS ° _ THE STATE 03; X" , '1~i~;S , '`^y' C)m`~~. Ezp.11/ObJ.r2010 s ~ ':COII3ppi ~ J COUNTY OF LAMAR ) by RON~,LD 2008 ` ef September a th TH1S instrument ~~~as acknowledged before m , , e, ) e on GRAI IAM, in the capacity therein stated. Ceaoaooanoecc ao~aeeo9.aqoaonoqaoonoa r~ndrea K Briscoe ~~lA ! ~ j . ~ / f (/~I .L! c.-~- . NCt3ry Pub+iC Notai-y Public, Siate of 'fexas STAT-- pF TEXAS ° ~ ' ` `:?;'FO~ • My Camm. fzp.111Qn/!2010 ; TNE ST,,1M'&"rEXANp"->o) ..s>o. ) COUNTY OF LAMAR ) THIS itistrument was acknowledt-yed before me on the ~ day of September, 2008, by PRENTICE HALL, in the capacity thel-ein stated. ~.o~eoeonoanoo„av . noc, pnoyaaae.,aoannono<~Andrea K 8riscoe . Noeary Public o ` Noiary Public,-State oCTexas ;~~':a: a -a• Y S fATE Or TEXAS ° e '..f,•, : P r_viY Comm. Exp. 10 1/0F1//20 ~ THE S7'~fiTE ?~A&---,~ er. ) COUN'T'Y OF LAMAR ) THIS instrument was acknowledged before me on the -."i'` day of September, 2008, by JAMES R. HOLLAND, in the capacity thercin stated. j o>an,';at,~.Q...9de..Andrea K. Briscoe la Nolary Public - ° Notary Pubiic, Staie of Texas STATE OF iEX.AS My Comrn. Ex~ , ~ p.ll/O6,/2010 Y THE STATE'W7Y3ZAS'-'-~'°"°" ) COUNTY OF LAMAR ) THIS iitstrLnnent was acknoNvledged bef'ore me on th"day of September, 2008, by S'['L:VI~, SHANNON, in the capacity thcrein stated. ` p r X Notary Public, State of Texas Andrea ` K. Briscoe Notary Pi,bl~c ~ 4 • STATE QF f E?;AS ° 1 o ~o'~;„ Comm. Exp, z G6'120 10 ~ - - oa ~ . . W. U(1111.9() THE STATL OF TEXnS COUNTY OF L,AMAR TH1S instrument was acknowledged SPEAKS, in the capacity therein stated. xOLnopoC40vY~~.~.asryOncsiv4GdCOnovpaonoc.~ca . • , Andre2 K. Bnscoe r- 5~: NotBry Pub!ic 5TA7, OF TEX.AS ~ m y Comm. Exp.11/Ofi!12010 ~ n°ovooa~ooc..}ooaovvaanv,~...ooo>on.:o-oco:,. THE STATE OF "I`EXAS ) COUNTY OFLAMAR ! ~tl bel-ore me on day of September, 2008, by CLINT 'Notary Pubiic, State of Texas TI-IIS instrument was acknowledged before me on the day of September, 2008, by VERNON i~ THOMPSON, in the capacity therein stated. ~eeaeneeoeaueoaneaaeaeroaoeaaanoeeaeoa ' ~ , ~ ~ f Andrea K. Briscoe ~ ~~~~i G~~ ~(,:,•'~~tL~~~ ~dj. Nolary Pubiic ~ STAT= OF tEXAS ° Notary Public, State of Texas My Comm. Exp.11(Q6!(2010 ° .°)q,.poopooaoootooa7efCCoaoo•+aeenooonoar THE STATE OF TEXAS COUNTY OF LAMA1t ) THIS instrument was acknowledged before me on the day of September, 2008, by V ICKEY K. LUMAN, in the capacity therein stated. oaoaaea Notary Public, State of Texas ~noauoooau ocnoooeorenacnnnnoo1 Andrea K. Briscoe Noiary Pubiic StArc UF rEXAS ` Exq.11(06/IGC10 Y AFTER RECORDING RGTURN "I'O: ATLY Enterprise, Inc. P. O. Box 177 Paris, Texas 75461-0177 -5- m 00019 -i1'REPARED IN THE LAW OFFICE OF: A. W. Clem, Attorney c/o The Moore Law Firm, L.L.P. 100 N. Main, Paris, TX 75460-4222 063079-2008 Pages: 1 RES 09/15/2008 09:37:49 AM By: gretchenb Lamar County, TX Kathy Marlowe - Count Clerk I iililll ililll III IIII IIIIIII Iillll IIII IIII IIII~IIIIIII III illll IIIiI illl IIII CORPOI2ATE I2ESOLUTION OF ATLY ENTERPKISE, INC. C; -q,:~ ~ i At a specially called joint meeting of direciors and shareholders of ATLY ENTERPRISE, INC., A Tetas Corporation, held on the 24th day of July, 2005, all shareholders and directors being present and notice of ineeting having bccn waived, the following resolution was, on motion made, seconded and unanimously passed, adopted: "BE IT RCSOLVFD that the Corporation, b), and tlu-ough its President/Secretary/Treasurer, Alphonso S. Alexander, and its Vice 1'resident, Tyronc L. Galbreath, is authortzed to enter into negotiations with Pathway Church of Uod, Paris, Texas, to purchase the property owned by it at 1004 12'h Street SE in the City of Paris, Lamar County, Texas; for such sale price and on such terms as these Officers - in their sole discretion - deenis in the best interest of the Corporation. "BE IT FURTHER RESOLVED that such Officers are autilorized to enter into negotiations w7th Peoples Bank, Paris, Texas, to borrow fiulds to purchase this property; to negotiate the tei2ns of'this loan as tihey deem in the best interest of and most advazltageous to the Corporation; and to execute a note payable to Peoples Bank and a deed of trust covcring tlie property, Purchaser's Closing Statements, and any and all other documents necessary or required to consummate this transaction, without the necessity of the corporate seal." I, ALPHONSO S. ALEXANDER, Secretary of ATLI' ENTERPRISE, INC., do hereby certify that the foregoing is a true and con~ect copy of a resolution adopted by the Corporation; and that such now appears in the Minutes, and lias iiot beeil amended or revoked. ALPHONSO S. ALEXANDER, Secretary THE STATE OF TEXAS ) ) COUNTY OF Lc? + r: ) "I'HIS instrument was acknowledged bef'ore nie on the day of September, 2008, by Alphonso S. Alexander on behalf of -ATLY Enterprise, 1nc; , A'-1'exas Corporation, and in the capacity therein stated. tnaaanocoaanoooononnwno..o•~on qndrea K Briscoe RY PU Notary Publ:c `1: , STA, F pF TEXAS ''Q ~ve+ " hdy Comm. c>p.1110E112010 , , ; . /kFTER RECORDING RETURN TO: C''1 7'-1 Notaiy Public, State of Texas 0U0119<j Jim Nelson dba ~ Nelson Surveying Companv 920 North Main Street Paris, Texas 75460 903-785-3551 tax 903-785-3399 e-mail: nelsonsurveying@suddenlink.net _ Jim Nelson, owner J. M. Nefson, Reglstered Professional land Surveyor of lezas, 44025 These lieltl notes ue ler ufc only Cy thB'qfaa0 Or personi Cxr.lfietl tC S~rveyor AssitmES no cab~lity br any mo6iliC*l10e cr unaWhonZe. capias L4:a.Qp7poi5-I0 J LRaranM77E ELELD _NOSES Situated w'tthin the Lirnits of tne Ci±y of Paris, ;,ounty of Lamar, and State cf Texas, a pal ct the Larkin Rattar: Survey #7 78, and being lot 8 and lot 14, block °3° Maniville Addition, as shown ir. [he Reolat of Lots 9 & 10, block "3", 01 Maryviile A.ddiC.cn, as recorded in Enve!ope 289-3 of the Plat Records cf said Count;r and State. Beginn:ng at a:4" capFed (NE-LSCN SURVEYING) iro- pin (frs) for correr at the Sou;`;eas: ;,orner c( s3id loi 'J and af the ;ntersectiun o` tne Nar?h Boundary !_ine o` Cedar St, wth the ',Nes± Eour.d2ry Line of h S E . i nence '✓Ves, i.te`ererca bearing, along the North Boundary Line of saict CeCar St a distance of 1125 y5 `ae; tc a;4" cappe~ {vELSOrd SURVEYINGI iron p n(frs) for corner at the .Sout'iv~rest ~:;orner of said Ict ' G, in the Eas', Bouneary tire of lo; i 1 of said black °3', Maryville Additicn, as recorded i;, Plat BooK 1 Page n and ir; Enveiope 2-C of said Pla; Records and at a Northwes+, cornAr of said Cedar St.; Ther,ce Nortn 0"25'52" West a distance o# 161 50 feat to a;/2' capped (NELSON SURVEYiNG) rran p n (si fer corner at ±he Nor~hwest corner of said lot 9 and at the Northeast corner cf said lo± 11: T"ence Sou'h. 89'3530" East alang the Scuth 3oundary Line of an AIley a d!stance of 1G7.40 `eel to a ',13" :ror pin ?f) fer comer at the Ncrfheast corner of szid !et 9, Tnance So::th 0°01'S3' West along the Vdest $cundary Line of said 12th S.E. ad,stance o` 16r 73 fees t-o t~e afa;,c rf oeoinning. I, J.M. Neison, Registered Prafessionai Land Surveyor of Texas, #4025, certify to Fafhwa;; of Grd, {;-ia! tl-e above depict2d and descriDed tract oF land was taF;en fro;n an actual sarJey made cn thG g.round 2nd comple;ed by rre on the 30th day of Ju;y, 2008, that tle Plat, The Fie;d Noies, and the Leger.d!Ggnerzj Notes, are to be one document and are to be recerded as one, ~hai there doesri" appea; ro be amy ris Cle !mFrovements, e2sements or encroachments c~ther tnan those showr thereon. and thai this ,ract uf ia:~d does not appear to iia in a flood zone as indicated by Comrunity Panel No 4180427 0004 B of the F'cod Insurance Rate P.9aps. J.M. Nelson, RPLS of Texas, 94025 , date M ~ U(l19:~ LEGEND CFF~ I C,'ya~~~_ DcSCPiPT'OtJ C;ESCR r~,01, c F copped eon ptn mh. mannole ~NELSON ~y i c,( copped irOn rod C/o CI?pnoVl o l I9l1FiVE(P~',.~,~~ cr, Coppt7 noil wm woter meier ip ir-vr p;n pm qas nelcr CAPS ir iror rpd th ?ire hydrot,t ~ r ~ ~f; found wv waier volve (s) set up uti'i1.)' pole • (trs' lound, reset pG PoNer pole ~ 4625 ~ Pcst ut utili:y !ine mp meiol pcst ue ut3lity °osement C4~S ip;pa iron pipe bl buildinq line Q. center lire . ckg curb & gotte JaAN ;perty iine cDVo covtred . svrvty line conc. concrete 4025 ine tpy liquid prcpoot yos ~i flnshed `loor ctp phone Ded^stoi (~.A?j .19 t,h7ir1 li;1k oOSt C}r9. c'rpillpgE cnom iink icnce rsmt. eCSe•T:ent f --x-- ence utis. utiP.ty +}r! S7H9V Fiocd razo-a eourdory tiiacs cc air conditio^.er 17999 FiFU ficoci insuronce Rote Moos bjc bock o` wrb irrigct on contrd volve ojs ,tfset irrigoticn control bcx SVIl1'G I \Jfl NOTEi7 . Tr:is surve;, yicf ano field notes, cre oniy .iolid lf ii hos cn oriqinol signeture onC seaL Fexed er ernci;ed zDpies cre to be use> ior ~nspe.ci er purpcses oniy. Signed :opies w:R be mailed to required carties Any ;:lon.^,es rnCde xill vOld t"i5 Surva". _ 2. Tnis survey is for 'Ihe us= of kne porty e, porties certiiied !o ;n the certi~icotior. S not int.Eed~.c to ba us=d by poriies e!ne- ihon th;,rw cert`fied te. S;.~rveyvr assumes no !;ability 'or ony unouthcrized coo.es. 3 ~:OOC 7ON_; a. ftural 100 '`ecr ~~ood 7ories are scon-ieu ond inseriee using F;ood Hazord 8oundarv Maos, as re'ted by ine Ccm-n,.;ni!y °onel tin on tfe p'at and fieid no±es. Jrb_a 10Q ~ecr ~'ieod 7~,res ma.y be scor,ned ond i^s=ried. bu' cls:~ moy be +acoted o, e,evo; ^ns, :f ele,otions ore ovoilcyle, {ro~ or actuoi survey mcde on the grcund, Lsing ii,fcrniotion °rorr 'he Comrnu,ity Pone! N c ot the flocc insurance Ro:e Mops oc noted on the plot ard iiafe no'tes. c. Surveyar essumes a^ ii=Wty `or `ioojs coused by abnormol conci,;ons, ei!F,er by mcr-made or n:itur_! coi.ses, r or c~~t cf fin.,o zones. 4. Bosis c+ oeoring frzi=ren;e heoringj moyt>e ossumad tied to deed coi!s oi tr~e subiect ,roct, ?o e^ ed•,oirira cr to e,~eicied item. The tasis of beoriny wi'! oe noled on the aat ar~d fieid notes bu, r,icy nol 1;3In 1he scb ie;;t tro•--t. 5 Scme corners connoi be se, ..round nnd ~~nder fences, but we shsN a referere frcm o neerby p~st er c•iher kt C'..n Oad IOLatavIG J'vJP.Cf C. FENL.! J a, oi~ca: 5~)unclary t:-,e is t~e fence ur~less otherwi;e nGttd. b. Wi1h toJnca-v linc is rea aroriy^side cf tence ❑ness e!herwise r.;:ted. :neck pi:i„ on;; `i=1d nn',es (nr oddit'ionCl in(ormoii,,)r) ~-n ;ubsler,iiai difterences tetween !egol aescriptions on +rE deeds ona ic-itol sti-ve.is mode or, ttiF Srcund. 8. Before on/ const-ur',ion ol ,;,ih{y c:cmoanie5 0' tier cgents, shou?:i bi ;cr'acier. `or .ccat,or. oS their respeci+ve utiu,y +,nes, wl-ict7er ,he ulility line is ovr.rheod er VnjerqrcunG. 9. .rlistonces ;.`17wr, on in'rrc~efnent j oSbwl3. sUrveyS ore tO the r.A6rPs{ inch, sC,;t.:Gre ico~Gg- ic lhe 'teare5t fGOt ~ Nelson Surveying Company ~ 920 N. Main St. Paris. Tezas 75460 903-785-3551 fax, 9W-785-3399 E-tnai ne~or~rveyt►g~e~~denirti~,~et J.M. Neleon fioyWored Rrolessional Land Surveyor oi Tsxes. ►4025 Ail poyes, rhe Plct, the Field Notes, cr)d the Leqene/Generol Notv, ore one docamenl t<cne of 1hc ~bo~e ore to 'oe recnrded w l'7ov1 1he others. ol ~ ~ i: 001140si GP Nc. 48:)427 D004 ? F,RU , s~:-'iJCS ! c~g-tp_g ;r •rv!e ! Add:~i:-)n Plat 4ook 1, Pcge G LCCk 2-C~ L~-?F ' !at 5 j loi 7 ~ ~ f~t B 20' ~ ~ 89'35'30 E 107 4C;' i ~ p a M ( c Q ~ J . . . _ . . _ _ J . CTa 11 i~ w: m o ~ c' ! v! .'.i T:1cr~~~i!ie u•dJi{ ic^ D > , N Ptoi 6coF; t. ?cg- 5!I~Ra j[7v. 2-C, LC.F4 , w o ~ ~ iot '0 ~ f V I .r~ R) ? p Z , - •r~E _9 5, ! c - - - ~ t . " - - _P- - _ ~ ~ ~ 0 ~ 1`~ 2 0 40 ~ RPLS T e~os, .~;4n~._ ~ Nelsan Surveying Company ~ 920 N. Main St. Paris, Texas 75460 ~ 9a3-M-Ml faz: 9M-7as-= E-md wkYaneyrga,daer,t,k.Mj Jm. Nebon. Refliatered Profeaeionel Lend Strveyor o1 Texen, w25 _ Ai pcge;. +i-e F:; ;he Field PJci?:, ona the Legenc/Generof P,otes are o,le dr,ccmen`, P!cne ef the eSove ore to 'te re:o,rj1ed wi(hou: :hA cthers. 0 00 20.1 MEMORANDUM TO: Chairman and Members of the Planning and Zoning Corrunission Honorable Mayor and Members of the City Council FROM: Lisa A. Wright, Director of Community Developinent SUBJECT: Zoning Change Requests DATE: January 22, 2009 The following zoning change request will be presented at the February 2, 2009, meeting of the Planning and Zoning Commission and the February 26, 2009, meeting of the City Council of the City of Paris for consideration: ATLY Enterprise, Inc. is requesting that the property located on a Lots 9 and 10, Block 3, Maryville Addition, being numbers 1004 and 1010 12'h Street S.E., be rezoned from a Two-Family Dwelling District (2F) to a Multiple-Family Dwelling District No. 1(MF-1). The Comprehensive Plan recommends that this property be zoned Low Density Residential; therefore, the Comprehensive Plan Future Land Use Plan Map must be amended in order to approve this request. A separate hearing on revising the Plan will precede this item on the agenda. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney m 0 0 0 20&'d