10 Ordinance - 2085 FitzhughCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
05/5/09
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
10.
05/11/09
Development
RECOMMENDED MOTION:
Deliberate and act on an ordinance considering the petition of Lois Johnny Exum for a change in zoning
from a Single Family District No. 2(SF2) to a Commercial District (C) on Lots 31-A and 35, City Block
205, being number 2085 Fitzhugh.
POLICY ISSUE(S):
Zoning
BACKGROUND:
Lois Johnny Exum has requested that the zoning on the property located on Lots 31-A and 35, City
Block 205, being number 2085 Fitzhugh be changed from a Single Family District No. 2(SF02) to a
Commercial District (C) for the purpose of constructing a shop to operate a plumbing business. The
Planning and Zoning Commission recommended approval of this request.
No one spoke in opposition to this request.
BOARD/COMMISSION RECOMMENDATION:
The Commission recommended approval of this request by a vote of 5-0.
EXHIBITS:
Ordinance, location aerial and photo
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
~ Presentation ~ Ordinance
y'I'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
E Administration Z Ciry Clerk Z Communiry Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Libtary ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris , Revised 2/04/08
LOC~S
ORDI111ANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING ZONING ORDIIVANCE NO. 1710 OF THE CITY OF PARIS,
TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE LOTS 31-a AND
35, CITY BLOCK 250, LOCATED AT 2085 FITZHUGH, CITY OF PARIS,
LAMAR COUNTY, TEXAS, FROM A SINGLE-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 Lots 31-A and 35, City
Block 250, City of Paris, Lamar County, Texas from a Single-Family Dwelling District No. 2
(SF-2) to a Commercial District (C); and,
WHEREAS, on
April 6, 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 change; and,
WHEREAS, on April 27, 2009, following notice and publication as required by law,
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 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 31-A and 35, City Block 250, located at 2085 Fitzhugh, City of Paris, Lamar
County, Texas, from Single-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.
000016
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 S. 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 8. Introduced and read on first reading on Apri127, 2009, at a regular
meeting of the City Council of the City of Paris and read and passed on second reading on
May 11, 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 by the city Council of the city of Paris, in regular session
on this the 11th day of May, 2009.
Jesse James Freelen, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
a 0UOQ17
THE STATE OF TEXAS, Know All AZen By These Presents:
COUNTY OF........... LAMAR
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That Southwestern Bell Telephone Company, a Missouri Corporation,
with a permit to do business in Texas,
of the County of Dal las , State of Texas for and in consideration of
the sum of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TAREE THOUSAND AND N01100 ($3,000.00) - - - - - - - - - - - _ DOLLARS,
to it paid, and secured to be paid, by George T. Sea 1 s and wi fe, Lou i se Seal s as follows:
$600.00 cash to it in hand paid, the receipt of which is hereby acknow-
ledged, and $2,400.00 paid by Liberty National Bank in Paris at its
special instance arid request, which said sum of $2,400.00 is evidenced
by vendor's lien note of the said George T. Seals and wife, Louise Seals
of even date herewith, payable to Liberty National Bank in Paris, or
order, at Paris, Texas, payable $39.85: on or before the lOth day of
December, 1976, and $39.85 on or before the lOth day of each month there
after until the amount is paid in full, paym'ents to apply first to
accrued interest and then to principal, with interest thereon from date
until paid at the rate of 10% per annum, interest payable monthly as
it accrues, the vendor's lien retained herein is hereby transferred and
assigned to Liberty National Bank in Paris and it is subrogated to all
the rights thereto as if it were the original grantor, and said indebt-
edness is further secured by Deed of Trust of even date herewith of
grantees to J. B. Bankhead, trustee, for the benef:Y;t~ of the holder of
.
said note, ' ~
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have Granted, Sold and Conveyed, and by these presents do Grant, Sel] and Convey unto_t.he said r"' GEORGE T. SEALS and wife, LOUISE SEALS, ~
of the County of L ama r , State of T ex a s all that certain
tract or parcel of land situated in Lamar County, Texas, described as
follows, to-wit:
All that certain lot or parcel of land situated within the cor-
porate limits of the City of Paris, Lamar County, Texas, a part of the
Reddin Russell Survey and being a part of a 10 acre tract of land con-
veyed Leslie Howie by deed recorded in Vol. 269, page 503, of the Deed
Records of said County and State.
BEGINNING at an iron pin for corner in the West Boundary line of'
Northeast 9th Street, said point being 821.5 feet North of the North
Boundary line of Clement Road, said point for corner being in the East
Boundary line of said 10 acre tract, said point for corner also being
the Southeast corner of a tract of land now owned by George Seals.
THENCE North 880 West a distance of 311.5 feet to an iron pin
for corner in the East Boundary line of Stillhouse Road, said point bein€
the Southwest corner of said Seals tract, said point for corner also •
being in the West Boundary line of said 10 acre tract;
THENCE South 20° 55' West a distance of 212 feet to an iron pin
for corner;
THENCE South 880 30' East a distance of 380.5 feet to an iron
pin for corner in the `Yest Boundary line of N.E. 9th Street;
THENCE North 1° 55' East along the West Boundary line of N.E.
9th Street a distance of 200 feet to the place of beginning and
containing 1.588 acres of land..
Seller assumes responsibility for 1976 taxes.
EXHIBlfi
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A-103-WARRANTY DEL•D-With Vendorh Uee, Siogle, Wite'e Seperate nnd Joint ACknowlMgm<ab. MAKl'1N Jtatlonery CO., LIlllm, iexnf
THE STATE OF TEXAS,~
Know All Men By These Presents:
COUNTY OF'.......... I..AMAA........................
That We, J.L..Jenkins and wife, Jennie Jenkins, .
of the County of Lamar , State of Texas, for and in consideration of
the sum of
Five Thousand and no/100---------------------------------------------------DOLLARS,
to us paid, and secured to be paid, by George T. Seals and wife, I.ouise Seals, as follows:
Three Hundred Dollars in cash, the receipt of which is hereby acknoxledged, and
one vendorts lien note in the principal amount of Four Thousand Seven Hundred
Dollars, of even date herewith, payable to J'.L. Jenkins, or order, at Paris,
Lamar County, Texas, in monthly instal]ments of $40.00 per month, the first such
monthly instal]ment to be due and payable on the lst day of May, 1954, and a like
installment of $40.00 to be due and payable on the 1'st day of each succeeding
month thereagter until the full amount of principal and interest is paid, said
payments to be applied first to payment of interest and the remainder to princi-
pal, bearing interest from date at 6% per annum until maturity and 10'/ after
maturity, providing for 1W. attorneys fees and with acceleration clause.
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have Granted, Sold and Conveyed, and by these presents do Grant, Seli and Convey unto the said
George T. Seals and kife, Louise Seals
of the County of Lamar , State of Texas all thaE certain
tract or parcel of land situated in the County of Lamar and the State of Texas,
and described as follows, to-wit:
A part of the Reddin Russell Headright Survey and being a part of a certain
10 acre tract of land described in deed from Mrs. Emma Jones, et aL to Leslie
Howie dated July 8; 1943, recorded in Volume 269, Page 503, deed records of Lamar
County, Texas.
Beginning at the Northeast corner of the above original tract, a stake at
fence corner on West side of road;
Thence with road North 60 deg. West 241 feet, a stake;
Thence South 20 deg. W. 318 feet a stake;
Thence East 313 feet a stake on West side of road;
Thence North 173 feet to the place of beginning, containing 1.5 acres of
land, more or less.
IIeing the same property described in deed from Leslie Howie and wife, So~hia
Howie, to Enmett Nichols and Jesse Jetton, dated January 20, 1944, recorded in
Book 282, Page 353, Lamar County Deed Records, to which reference is hereby made
for all necessary purposes.
, . ~UOC19
COMMUNITY DEVELOPMENT DEPARTMENT
P. 0. Box 9037 c Paris, Texas 75461 1E 903•784-9234
APPLICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED: W~Oning Change
PROPERTY INFORMATION:
Address:
Name of B iness or Building (if applicable):
31--
Lot 31k~<:=-S-ub,d;vision C-k
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Current Zoning:
~
For Otfice Us Oniy Request Number;
Date Rcvd: LE11VItg Date:
❑ Specific Use Permit ❑ Planned Development
~
Proposed Zoning: C, l
What is the proposed use of the property? ~
Describe the character and/or nature of uses of surrounding property.
Will the re-zoned designation be compatible with the classification and use of adjoining lands? ES o
If No, how do you propose to reduce any adverse impact?
Is the tract unsuitable for uses permitted under the present zoning classification? Yes CNo)If No, why are you requesting a change in the permitting uses?
OWNER/APPLICANT INFORMATION: p1 you are not the owner, a permission letferlrom fhe owner is repuired. N you are purchasing fhe property, a copy o
the contractmaybe usedln iieu ola permisslon lefterONLY 1F Ihe contractprovides fAat the purehase is contingent upon the applicantsuccesslully o6tafning a zoning
cbange.) .
Applicant's Name: ~ 11~:~ C,
ApplicanYs Address:
llw-:~- (2) -6 L-P
Phone: ~A!
Property Owner's Name: _Lj C
Property Owner's Address: Phone:
■egeoeeeceogMSM ME sEcesNscE FSOecXceocW scE rBtoeo eom oateeeeaeenN ccR cE aE acesseng ncee~~e~s~eeeoe~cec~eese
REf2t11RED SUBMITTALS (check those items which are included):
l2r~mpleted application signed by the ownerlapplicant If Planned Development requested, inciude also:
!'pAy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan
[20P ission letter from owner
lj~topy oi contract to purchase the property
I have carefully read the complete appiication and know the same is true and correct. I hereby agree to comply with all provisions of local,
State, and Federal Laws will be complied with, whether herein specified or not. i certify thai I am the owner of the above property or his
duly authorized agent.
Signed: ~ Address:
Print Name: A fi Phone Number:
Date: Fax Number.
SWORN TO AND SUBSCRIBED BEFORE h4E this i'-e\d y ot 20 b\•
4uNotblic, State of Texas
~ ~ ~ lIvrE 12106
FILED: JEANNA SCOTT
, KAR 0 2MS NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 01-26-2011
sY:
. 000020
3/5/09
To whom it may concern,
I Louise Seals have a contract of sale subject to a zoning change. The
properiy address is 2085 Fitzugh and legal description is 31-A & 35 Block
250. I give permission to Johnny Exum to put a request into the city to have
this rezoned.
Thank you
~
Louise Seals
'w UUUM
A-103-WARRANTY DEED-Wlth Vendor's Lien, Single, Wlte'a Separate and Joint Atknowledgments. MARTIN Stationery Co., Dallav, Tuas
THE STATE OF TEXAS,
COUNTY OF.......... LAMAI3.-
Know All Men By These Presents:
That We,
J.L._jenkins
and wife, Jennie
Jenkins,
of the County of
Lamar
, State of
Texas, for and in consideration of
the sum of
Five Thousand and no/100---------------------------------------------------DOLI.ARS,
to us paid, and secured to be paid, by George T. Seals and wife, I:ouise Seals, as follows:
Three Hundred Dollars in cash, the receipt of which is hereby acknowledged, and
one vendorts lien.note in the principal amount of Four Thousand Seven Hundred
Dollars, of even date herewith, payable to J'.L. Jenkins, or order, at Paris,
Lamar County, Texa.s, in monthly installments of $40.00 per month, the first such
monthly installment to be due and payable on the lst day of May, 1954, and a like
installment of $40.00 to be due and payable on the 1'st day of each succeeding
month thereafter until the full amount of .principal axid interest is paid, said
payments to be applied first to payment of interest and the remainder to princi-
pal, bearing interest from date at 6% per annum until maturity and 1ylo after
maturity, providing for 10Yo attorneys fees and with acceleration clause.
~
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THE STATE OF TEXAS, Know All Alen By These Presents:
COUNTY OF---............
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That Southwestern Bell Telephone Company, a Missouri Corporation,
with a permit to do business in Texas,
of the County of D a 11 a s , State of T ex a s for and in consideration of
the sum of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
THREE THOUSAND AND N01100 ($3,000.00) - - - - - - - - - - - - DOI.LARS,
to it paid, and secured to be pa.id, by George T. Sea 1 s and w i fe , Lou i se Sea 1 s as follows: '
$600.00 cash to it in hand paid, the receipt of which is hereby acknow-
ledged, and $2,400.00 paid by Liberty National Bank in Paris at its
special instance and request, which said sum of $2,400.00 is evidenced
by vendor's lien note of the said George T. Seals and wife, Louise Seals,
of even date herewith, payable to Liberty National Bank in Paris, or
order, at Paris, Texas, payable $39.85 on or before the lOth day of
December, 1976, and $39.85 on or before the lOth day of each month there-
after until the amount is paid in full, payments to apply first to
accrued interest and then to principal, with interest thereon from date
until paid at the rate of 10% per annum, interest payable monthly as
it accrues, the vendor's lien retained herein is hereby transferred and
assigned to Liberty National Bank in Paris and it is subrogated to all
the rights thereto as if it were the original grantor, and said indebt-
edness is further secured by Deed of Trust of even date herewith of
grantees to J. B. Bankhead, trustee, for the benef:~ of the ho,lder of
said note,
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have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto-Ithe sa.id ~ OU0U2:s'
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OPFOATUNIiY
1.
2.
PARTIES: The parties to this contract are Louise Seals (Seller)
and L-o;5 L+o.:.s Johnn Exum (Buyer). Seller agrees
to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below.
PROPERTY: 250
A. LAND: Lot 31-A & 35 Block Addition, City of
Paris , County Of Lamar I
Texas, known as 2085 Fitzhu h 75460 (address/zip
code), or as described on attached exhibit.
B. IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to
the above-{lescribed real property, including without limitation, the foliowing permanently
installed and built-in items, if any: all equipment and appliances, valances, screens,
shutters, awnings, wall-to-wall carpeting, mirrors, ceiling fans, attic fans, mail boxes,
television, antennas and satellite dish system and equipment, heating and air-conditioning
units, securiry and fire detection equipment, wiring, plumbing and lighting fixtures,
chandeliers, water softener system, kitchen equipment, garage door openers, cleaning
equipment, shrubbery , landscaping, outdoor cooking equipment, and all other property
owned by Seller and attached to the above described real property.
C. ACCESSORIES: The following described related accessories, if any: window air conditioning
units, stove," fireplace screens, curtains and rods, blinds, window shades, draperies and
rods, controls for satellite dish system, controls for garage door openers, entry gate
controls, door keys, mailbox keys, above ground pool, swimming pool equipment and
maintenance accessones, and artificial fireplace logs.
D. EXCLUSIONS: The following improvements and accessories will be retained by Seller and
must be removed prior to delivery of possession:
The land, irnprovements and accessories are collectively referred to as the "Prnnartv"
'3. SALES PRICE:
A. Cash portion of Sales Price payable by Buyer at closing . . . . . . . . . . . . . ~
B. Sum of all financing described below (excluding any loan funding ' I
fee or mortgage insurance premium) . . . : . . . . . . . . . . . . . . . . . . . . . . . . I;
C. Sales Price (Sum of A and B) . . . . . . . . . . . . . . . . . . . . . • . • • • • • • • • • • • '
4. FtNANCING: The portion of Sales Price not payable in cash will be paid as tonows:
applicable boxes below)
❑ A. THIRD PARTY FINANCING: One or more third party mortgage loans in the total amount of
$ (excluding any loan funding fee or mortgage insurance premium).
(1) Property Approval: - If the Property does not satisfy the lenders' underwriting
requirements for the loan(s), this contract will terminate and the earnest money will be
refunded to Buyer.
(2) Financing Approval: (Check one box only)
~(a) This contract is subject to Buyer being approved for the financing described in
the attached Third Party Financing Condition Addendum.
❑(b) This contract is not subject to Buyer being approved for financing and does not
involvs FHA or VA financing.
❑ B. ASSUMPTION: The assumption of the unpaid principal balance of one or more promissory
notes described in the attached TREC Loan Assumption Addendum.
❑ C. SELLER Ff NANCING: A promissory note from Buyer to Seller of $ secured by vendor's and deed of trust liens, and containing the terms and conditions
itle
described nsurance i s t fumashededBu eEC shaI Seller fum sh ciSellerddw'thu a'mortg geeef pofclyy of f ttitle
insurance.
5. EARNEST MONEY: Upon execution of this contract by all parties, Buyer shall deposit
$ 500 . 00 as eamest money with as escrow agent, at with escrow
(address). Buyer shall deposit additional earnest money of $
agent within days after the effective date of this contract. If Buyer fails to deposit the
earnest money as required by this contract, Buyer will be in default.
6. TITLE POLICY AND SURVEY:
A. TITLE POLICY: Seller shall furnish to Buyer at M Seller's ❑ Buyer's expense an owner policy
of title insurance (Title Policy) issued by
(Title Company) m the amount of the Sales Price, dated at or after closing, insuring Buyer
against loss under the provisions of the Title Policy, subject to the promulgated exclusions
(TAR 1601) 06-30-08 Initialed for identification by Buyer and Seller TREC NO. 20-8 Pa9e I ots
Phone:(903)762-9800 Faz: (903)782-9172
Coldwdl Banker Regional Rcalty 3749 Lamar Ave., Paris TX 75460 T4722286.ZFX
Cade Sione Produced with ZipFormS by zipLoga 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoqix.com
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PROMULGATED tlY I tit I tAP.J rcr_r~L r-o I r I L_ . . ,
ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALE)
NOTICE: Not For Use For Condominium Transactions
contract uoncemmy (Address of Property)
Y(
"T iz~
inciuding existing building and zoning ordinances) and the following excepons.
(1) Restrictive covenants common to the platted subdivision in which the Property is located.
(2) The standard printed exception for standby fees, taxes and assessments.
(3) Liens created as part of the financing described in Paragraph 4.
(4) Utility easements created by the dedication deed or plat of the subdivision in which the
Property is located.
(5) Reseroations or exceptions otherwise permitted by this contract or as may be approved by
Buyer in writing.
(6) The standard printed exception as to marital rights.
(7) The standard printed exception as to waters, tidelands, beaches, streams, and related
matters.
(8) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary
lines, encroachments or protrusions, or overlapping improvements. Buyer, at Buyer's expense,
may have the exception amended to read, "shortages m area".
COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Selier
shall furnish to Buyer a commitment for title insurance (Commitment) and, at Buyer's
expense, legible copies of restrictive covenants and documents evidencing exceptions in the
Commitment (Exception Documents) other than the standard printed exceptions. Selier
authorizes the Title Company to deliver the Commitment and Exception Documents to Buyer
at Buyer's address shown in Paragraph 21. If the Commitment and Exception Documents are
not delivered to Buyer within the specifed time, the time for delivery will be automatically
extended up to 15 days or the Closing Date, whichever is earlier.
SURVEY: The survey must be made by a registered professional land surveyor acceptable to
the Title Company and any lender(s). (Check one box only)
❑(1) Within days after the effective date of this contract, Seller shall furnish to Buyer
and Title Company Seller's existing survey of the Property and a Residential Real
Property Affidavit promulgated by the Texas Department of Insurance (Affidavit). If the existing survey or Affidavit is not acceptable to Title Company or Buyer's lender(s),
Buyer shall obtain a new survey at ❑ Seller's ❑ Buyer's expense no later than 3 days
prior to Closing Date. If Seller fails to furnish the existing survey or Affidavit
within the time prescribed, Buyer shall obtain a new survey at Seller's
expense no later than 3 days prior to Closing Date.
(2) Within days after the effective date of this contract, Buyer shall obtain a new
survey at Buyer's expense. Buyer is deemed to receive the survey on the date of actual
receipt or the specified in this paragraph, whichever is earlier.
(3) Within e t days after the effective date of this contract, Sellec, at Seller's expense
shall furnish a new survey to Buyer.
OBJECTIONS: Buyer may object in writing to defects, exceptions, or encumbrances to title:
disclosed on the survey other than items 6A(1) through (7) above; disclosed in the
Commitment other than items 6A(1) through (8) above; or which prohibit the following use or
activity: Buyer must object the earlier of (i) the Closing Date or (ii) days after Buyer
receives the Commitment, Exception Documents, and the survey. Buyer's failure to object
within the time allowed will constitute a waiver of Buyer's right to object; except that the
requirements in Schedule C of the Commitment are not waived. Provided Seller is not
obligated to incur any expense, Seller shall cure the timely objections of Buyer or any third
party lender within 15 days after Seller receives the objections and the Closing Date will be
extended as necessary. If objections are not cured withm such 15 day period, this contract
will terminate and the earnest money will be refunded to Buyer unless Buyer waives the
objections.
TITLE NOTICES:
(1) ABSTRACT OR TITLE POLICY: Broker advises Buyer to have an abstract of title covering
the Property examined by an attorney of Buyer's selection, or Buyer should be furnished
with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be
promptly reviewed by an attomey of Buyer's choice due to the time limitations on
Buyer's right to object.
(2) PROPERTY OWNERS' ASSOCIATION MANDATORY MEMBERSHIP: The Property ❑ is 0 is
not subject to mandatory membership in a property owners' association. If the Property is
subject to mandatory membership in a property owners' association, Seller notifies Buyer
under §5.012, Texas Properry Code, that, as a purchaser of property in the
residential community identified in Paragraph 2A in which the Property is located, you are
obligated to be a member of the property owners' association. Restrictive covenants
governing the use and occupancy of the Property and a dedicatory instrument governing
the establishment, maintenance, and operation of this residential community have been
or wilt be recorded in the Real Property Records of the county in which the Property is
located. Copies of the restrictive covenants and dedicatory instrument may be obtained
from the county clerk. You are obligated to pay assessrnents to the property owners'
assnr.iation. The amount of the assessments is sub'ect to han e. Your failure to a the
(TAR 1601) 06-30-08 Initialed for identification by Buyer
and Seller TREC NO. 20-8 Page 2 of 8
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- (AOaress or rropeiiy)
assessments could result in a lien on and the foreclosure of the Property. If Buyer is
concerned about these matters, the TREC promulgated Addendum for Property
Subject to Mandatory Membership in a Property Owners' Association should be
used.
(3) STATUTORY TAX DISTRICTS: If the Property is situated in a utility or other statutorily
created district providing water, sewer, drainage, or flood control facilities and services,
Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory
notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to
final execution of this contract.
(4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, §33.135,
Texas Natural Resources Code, requires a notice regarding coastal area property to be
included in the contract. An addendum containing the notice promulgated by TREC or
required by the parties must be used.
(5) ANNEXATION: If the Property is located outside the limits of a municipality, Seller notifies
Buyer under §5.011, Texas Property Code, that the Property may now or later be
included in the extraterritorial jurisdiction of a municipality and may now or later be
subject to annexation by the municipality. Each municipality maintains a map that depicts
its boundaries and extraterritorial junsdiction. To determine if the Property is located
within a municipality's extraterritorial jurisdiction or is likely to be located within a
municipality's extraterritorial jurisdiction, contact all municipalities located in the general
proximity of the Property for further information.
(6) PROPERTY LOCATED IN A CERTIFICATED SERVICE AREA OF A UTILITY SERVICE
PROVIDER: Notice required by §13.257, Water Code: The real property, described in
Paragraph 2, that you are about to purchase may be located in a certificated water or
sewer service area, which is authorized by law to provide water or sewer service to the
properties in the certificated area. If your property is located in a certificated area there
may be special costs or charges that you will be required to pay before you can receive
water -or sewer service. There may be a period required to construct Imes or other
facilities necessary to provide water or sewer service to your property. You are advised to
determine if the property is in a certificated area and contact the utility service provider
to determine the cost that you will be required to pay and the period, if any, that is
required to provide water or sewer service to your property. The undersigned Buyer
hereby : acknowledges receipt of the foregoing notice at or before the execution of a
binding contract for the purchase of the real property described in Paragraph 2 or at
closing of purchase of the real property.
(7) PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district,
§5.014, Property Code, requires Seller to notify Buyer as follows: As a purchaser of this
parcel of real property you are obligated to pay an assessment to a municipality or
county for an improvement project undertaken by a public improvement district under
Chapter 372, Local Government Code. The assessment may be due annually or in
periodic installments. More information concerning the amount of the assessment and, the
due dates of that assessment may be obtained from the municipality or county levying
the assessment. The amount of the assessments is subject to change. Your failure to
pay the assessments could result in a lien on and the foreclosure of your property.
7. PROPERTY CONDITION:
A. ACCESS, INSPECTIONS AND UTILITIES: Seller shall permit Buyer and Buyer's agents access
to the Property at reasonable times. Buyer may have the Property inspected by inspectors
selected by Buyer and licensed by TREC or otherwise permitted by law to make inspections.
Seller at Seller's expense shall turn on existing utilities for inspections.
B. SELLER'S DISCLOSURE NOTICE PURSUANT TO §5.008, TEXAS PROPERTY CODE (Notice):.
Check one box only)
(1) Buyer has received the Notice.
x(] (2) Buyer has not received the Notice. Within 3 days after the effective date of this
contract, Seller shall deliver the Notice to Buyer. If Buyer does not receive the Notice,
Buyer may terminate this contract at any time prior to the closing and the earnest
money will be refunded to Buyer. If Seller delivers the Notice, Buyer may terminate
this contract for any reason within 7 days after Buyer receives the Notice or prior to
the closing, whichever first occurs, and the earnest money will be refunded to Buyer.
❑(3) The Seller is not required to furnish the notice under the Texas Property Code.
C. SELLER'S DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS is required by
Federal law for a residential dwelling constructed prior to 1978.
D. ACCEPTANCE OF PROPERTY CONDITION: (Check one box only)
❑(1) Buyer accepts the Property in its present condition.
❑(2) Buyer accepts the Property in its present condition provided Seller, at Seller's expense,
shall complete the following specific repairs and treatments:
E. LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing,
neither party is obligated to pay for lender required repairs, which includes treatment
(TAR 1601) 06-30-08 Initialed for identification by Buyer yT ~F_ and Seller
TREC NO. 20-8 Page s ot s
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Contract Concerning zoes Fitzhu h (Address of Property) Paris -7sa6o rage 4 ot u un-.su-ua
for wood destroying insects. If the parties do not agree to pay for the lender required
repairs or_ treatments, this contract will terminate and the earnest money will be refunded
to Buyer. If the cost of lender required repairs and treatments exceeds 5% of the Sales
Price, Buyer may terminate this contract and the earnest money will be refunded to Buyer.
F. COMPLETION OF REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, Seller
shall complete all agreed repairs and treatments prior to the Closing Date. All required
permits must be obtained, and repairs and treatments must be performed by persons who
are licensed or otherwise authorized by law to provide such repairs or treatments. At
Buyer's election, any transferable warranties received by Seller with respect to the repairs
and treatments will be transferred to Buyer at Buyer's expense. If Seller fails to
complete any agreed repairs and treatments prior to the Closing Date, Buyer may do so
and receive reimbursement from Seller at closing. The Closing Date will be extended up to
15 days, if necessary, to complete repairs and treatments.
G. ENVIRONMENTAL MATTERS: Buyer is advised that the presence of wetiands, toxic
substances, including asbestos and wastes or other environmental hazards, or the
presence of a threatened or endangered species or its habitat may affect Buyer's intended
use of the Property. If Buyer is concerned about these matters, an addendum
promulgated by TREC or required by the parties should be used.
H. RESIDENTIAL SERVICE CONTRACTS: Buyer may purchase a residential service contract
from a residential service company licensed by TREC. If Buyer purchases a residential
service contract, Seiler shall reimburse Buyer at closing for the cost of the residential
service contract in an amount not exceeding $ . Buyer shouid review any
residential service contract for the scope of coverage, exclusions and limitations. The
purchase of a residential service contract is optional. Similar coverage may be
purchased from various companies authorized to do business in Texas.
8. BROKERS' FEES: All obligations of the parties for payment of brokers' fees are contained in
separate written agreements.
9. CLOSING:
A. The closing of the sale will be on or before Mav 4 , 200 9 , or within 7
days after objections made under Paragraph 6D have been cured or waived, whichever
date is later (Closing Date). If either party fails to close the sale by the Closing Date, the
non-defaulting party may exercise the remedies contained in Paragraph 15.
B. At closing:
(1) Seller shall execute and deliver a general warranty deed conveying title to the Property
to Buyer and showing no additional exceptions to those permitted in Paragraph 6 and
furnish tax statements or certificates showing no delinquent taxes on the Property.
(2) Buyer shall pay the Sales Price in good funds acceptable to the escrow agent.
(3) Seller and Buyer shall execute and deliver any notices, statements, certificates,
affidavits, releases, loan documents and other documents required of them by this
contract, the Commitment or law necessary for the closing of the sale and the
issuance of the Title Policy.
(4) There will be no liens, assessments, or security interests against the Property which
will not be satisfied out of the sales proceeds unless securing the payment of any loans
assumed by Buyer and assumed loans will not be in default:
10. POSSESSIORl: Seller shall deliver to Buyer possession of the Property in its present or required
condition, ordinary wear and tear excepted: Q upon closing and funding ❑ according to a
temporary residential lease form promulgated by TREC or other written lease required by the
parties. Any possession by Buyer pnor to closing or by Seller after closing which is not authorized
by a written lease will establish a tenancy at sufferance relationship between the parties.
Consult your insurance agent prior to change of ownership and possession because
insurance coverage may be limited or terminated. The absence of a written lease or
appropriate insurance coverage may expose the parties to economic loss.
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to
the sale. TREC rules prohibit licensees from adding factual statements or business details for
which a contract addendum, lease or other form has been promulgated by TREC for
mandatory use.) Contract is Contingent on property being rezoned from
residential to Commerical.
(TAR 1601) 06-30-08
Initialed for identification by Buyer v1:. and Seller TREC NO. 20-8 Pa9e a or s
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,ontract Concerning 2085 Fitzhu h
(Address of Property)
12. SETTLEMENT AND OTHER EXPENSES:
A. The foilowing expenses must be paid at or prior to closing:
(1) Expenses payabie by Seller (Seller's Expenses):
(a) Releases of existing liens, including prepayment penalties and recording fees; release
of Seller's loan liabiliry; tax statements or certificates; preparation of deed; one-half
of escrow fee; and other expenses payable by Seller under this contract.
(b) Selier shali also pay an amount not to exceed $ to be applied in the
following order: Buyer's Expenses which Buyer is prohibited from paying by FHA, VA,
Texas Veterans Land Board or other governmental loan programs, and then to other
Buyer's Expenses as allowed by the lender.
(2) Expenses payable by Buyer (Buyer's Expenses):
(a) Loan origination, discount, buy-down, and commitment fees (Loan Fees).
(b) Appraisal fees; loan application fees; credit reports; preparation of loan documents;
interest on the notes from date of disbursement to one month prior to dates
of first monthly payments; recording fees; copies of easements and restrictions;
mortgagee title policy with endorsements required by lender; loan-related inspection
fees; photos; amortization schedules; one-half of escrow fee; all prepaid items,
including required premiums for flood and hazard insurance, reserve deposits for
insurance, ad valorem taxes and special governmental assessments; final compliance
inspection; courier fee; repair inspection; underwriting fee; wire transfer fee;
expenses mcident to any loan; and other expenses payable by Buyer under this
contract.
B. Buyer shall pay Private Mortgage Insurance Premium (PMI), VA Loan Funding Fee, or FHA
Mortgage Insurance Premium (MIP) as required by the lender.
C. If any expense exceeds an amount expressly stated in this contract for such expense to be
paid by a party, that party may terminate this contract unless the other party agrees to pay
such excess. Buyer may not pay charges and fees expressly prohibited by FHA, VA, Texas
Veterans Land Board or other governmental loan program regulations.
13. PRORATIONS: Taxes for the current year, interest, maintenance fees, assessments, dues and
rents will be prorated through the Closing Date. The tax proration may be calculated taking into
consideration any change in exemptions that will affect the current year's taxes. If taxes for the
current year vary from the amount prorated at closing, the parties shall- adjust the prorations
when tax statements for the current year are available. If taxes are not paid at or prior to
closing, Buyer shall pay taxes for the current year.
14. CASUALTY LOSS: If any part of the Property is damaged or destroyed by fire or other casualty
after the effective date of this contract, Seller shall restore the Property to its previous condition
as soon as reasonably possible, but in any event by the Closing Date. If Seller fails to do so due
to factors beyond Seller's control, Buyer may (a) terminate this contract and the earnest money
will be refunded to Buyer (b) extend the time for performance up to 15 -days and the Closing
Date will be extended as necessary or (c) accept the Property in its damaged condition with an
assignment of insurance proceeds and receive credit from Seller at closing in the amount of the
deductible under the insurance policy. Seller's obligations under this paragraph are independent
of any other obligations of Seller under this contract.
15. DEFAULT: If Buyer fails to comply with this contract, Buyer will be in default, and Seller may
(a) enforce specific performance, seek such other relief as may be provided by law, or both, or
(b) terminate this contract and receive the earnest money as liquidated damages, thereby
releasing both parties from this contract. If, due to factors beyond Seller's control, Seller fails
within the time allowed to make any non-casualty repairs or deliver the Commitment, or
survey, if required of Seller, Buyer may (a) extend the time for performance up to 15 days and
the Closing Date will be extended as necessary or (b) terminate this contract as the sole
remedy and receive the earnest money. If Seller fails to comply with this contract for any other
reason, Seller will be in default and Buyer may (a) enforce specific performance, seek such
other relief as may be provided by law, or both, or (b) terminate this contract and receive the
earnest money, thereby releasing both parties from this contract.
16. MEDIATION: It is the policy of the State of Texas to encourage resolution of disputes through
alternative dispute resolution procedures such as mediation. Any dispute between Seller and
Buyer related to this contract which is not resolved through informal discussion 21 will ❑ will not
be submitted to a mutually acceptable mediation service or provider. The parties to the
mediation sl5all bear the mediation costs equally. This paragraph does not preclude a party
from seeking equitable relief from a court of competent jurisdiction.
17. ATTORNEY'S FEES: A Buyer, Seller, Listing Broker, Other Broker, or escrow agent who
prevails in any legal proceeding related to this contract is entitled to recover reasonable
attorney's fees and all costs of such proceeding. ,
(TAR 1601) 06-30-08 Initialed for identification by Buyer S~ and Seller
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Contract Concernfng 2085 FitzhuQh (Address of Property) Paris, inaou rayc u vi o vv-av-vu
18. ESCROW:
A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability
for the pertormance or nonperformance of any party to this contract, (ii) liable for interest
on the earnest money and (iii) liable for the loss of any earnest money caused by the
failure of any financial institution in which the earnest money has been deposited unless
the financial institution is acting as escrow agent.
B. EXPENSES: At closing, the earnest money must be applied first to any cash down
payment, then to Buyer's Expenses and any excess refunded to Buyer. If no closing
occurs, escrow agent may require payment of unpaid expenses incurred on behalf of the
parties and a written release of liability of escrow agent from ail parties.
C. DEMAND: Upon termination of this contract, either party or the escrow agent may send a
release of earnest money to each party and the parties shail execute counterparts of the
release and deliver same to the escrow agent. If either party fails to execute the release,
either parry may make a written demand to the escrow agent for the earnest money. If
only one pariy makes written demand for the earnest money, escrow agent shall promptly
provide a copy of the demand to the other party. If escrow agent does not receive written
objection to the demand from the other party within 15 days, escrow agent may disburse
the earnest money to the party making demand reduced by the amount of unpaid
expenses incurred on behalf of the party receiving the earnest money and escrow agent
may pay the same to the creditors. If escrow agent complies with the provisions of this
paragraph, each party hereby releases escrow agent from all adverse claims related to the
disbursal of the earnest money.
D. DAMAGES: Any party who wrongfully fails or refuses to sign a release acceptable to the
escrow agent within 7 days of receipt of the request will be liable to the other party for
liquidated damages in an amount equal to the sum of: (i) three times the amount of the
earnest . money; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs
of suit.
E. NOTICES: Escrow agenYs notices will be effective when sent in compliance with Paragraph
21. Notice of objection to the demand will be deemed effective upon receipt by escrow
agent.
19. REPRESENTATIONS: All covenants, representations and warranties in this contract survive
closing. If any representation of Seller in this contract is untrue on the Closing Date, Seller
will be in default. Unless expressly prohibited by written agreement, Seller may contmue to
show the Property and receive, negotiate and accept back up offers.
20. FEDERAL TAX REQUIREMENTS: If Seller is a"foreign person," as defined by applicable law,
or if Seller fails to deliver an affidavit to Buyer that Seller is not a"foreign person," then
Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable
tax law and deliver the same to the Internal Revenue Service together with appropriate tax
forms. Internal Revenue Service regulations require filing written reports if currency in excess
of specified amounts is received in the transaction.
21. NOTICES: All notices from one party to the other must be in writing and are effective when
mailed to, hand-delivered at, or transmitted by facsimile or electronic transmission as follows:
To Buyer To Seller
1t: I,ouis Johnny Exum at: Louise Seals
~55 # S rrt~~ .
3749 Lamar AV2.
Paris, Texas 75460 Paris. Texas 75460
Telephone:
Facsimile:
E-mail:
Telephone:
Facsimile:
E-mail:
(TAR 1601) 06-30-08 Initialed for identification by Buyer T t~__ and Seller
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TREC NO. 20-8 Page s of s
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Contract Concerning 20e5 Fitzhuah Par_is. 75460 Page 7 of 8 0- - 08
(Address of Property)
22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and
cannot be changed except by their written agreement. Addenda which are a part of this
contract are (Check all applicabie boxes):
❑ Third Party Financing Condition Addendum
❑ Seiler Financing Addendum
❑ Addendum for "Back-Up" Contract
❑ Addendum for Coastal Area Property
❑ Addendum for Property Subject to
Mandatory Membership in a Property
Owners' Association
❑ Buyer's Temporary Residential Lease
❑ Seller's Temporary Residential Lease
❑ Addendum for Sale of Other Properry
by Buyer
❑ Addendum Containing Required Notices
Under §5.016, §420.001 and
§420.002, Texas Property Code
❑ Environmental Assessment, Threatened
or Endangered Species and Wetlands
Addendum
❑ Addendum for Property Located Seaward
of the Gulf Intracoastal Waterway
❑ Addendum for Seller's Disclosure of
Information on Lead-based Paint and
Lead-based Paint Hazards as Required by
Federal Law
D Other (list):
23. TERMINATION OPTION: For nominal consideration, the receipt of which is hereby
acknowledged by Seller, and Buyer's agreement to pay Seller $ (Option Fee)
within 2 days after the effective date of this contract, Seller grants Buyer the unrestricted right
to terminate this contract by giving notice of termination to Seller within days after the
effective date of this contract. If no dollar amount is stated as the Option Fee or if Buyer fails
to pay the Option Fee to Seller within the time prescribed, this paragraph will not be a part of
this contract and Buyer shall not have the unrestncted right to terminate this contract. If Buyer
gives notice of termination within the time prescribed, the Option Fee will not be refunded;
however, any earnest money will be refunded to Buyer. The Option Fee ❑ will ❑ will not be
credited to the Sales Price at closing. Time is of the essence for this paragraph and strict
compliance with the time for performance is required.
24. CONSULT AN ATTORNEY: Real estate licensees cannot give legal advice. READ THIS
CONTRACT CAREFULLY. If you do not understand the effect of this contract, consult an attorney
BEFORE signing.
Buyer's Seller's
Attomey is: Attorney is:
Telephone:
Telephone:
Facsimile:
Facsimile:
E-maiL• _
E-maiL _
EXECUTED the day of , (EFFECTIVE DATE).
(BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE.)
Buyer Louis John y ExunrJ S211ef Louise Seals
Buyer Seller
The fortn of this contract has been approved by the Texas Real Estate Commission. TREC forms are intended for use only by trained real
~ estate licensees. No representation is made as to the legal validity or adequacy of any provision in any specifiC transactions. It is not
intended for complex transactions. Texas Real Estate Commission, P.O. Box 12188, Austin, 7X 78711-2188, 1-800-250-8732 or (512) 459-
6544 (http:l/www.trec.state.tx.us) TREC N0. 20-8. This form replaces TREC N0. 20-7.
(TAR 1601) 06-30-08 TREC NO. 20-8 Page 7 ot s
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I 2085 Fitzhugh
Contract Concerning Paris 75460 Page 8 of 8 06-30-08
(Address of Property)
BROKER INFORMATION AND RATIFICATION OF FEE
Listing Broker has agreed to pay Other Broker of the total sales price
when Listing Broker's fee is received. Escrow Agent is authorized and directed to pay Other Broker from
Listing Broker's fee at closing.
Other Broker License No. Listing Broker License No.
represents ❑ Buyer only as Buyer's agent
❑ Seiler as Listing Broker's subagent
(Option Fee) in the form of
(903)517-6941
Associate Telephone Listing Associate Telephone
Brandi Stone
3749 Lamar Ave. (903)782-9172
Broker's Address Listing Associate's Office Address Facsimile
Paris TX 75460
City State Zip City State Zip
acsimile
Email Address
represents ❑ Seller and Buyer as an intermediary
0 Seller only as Seller's agent
brandi.stone@coldwellbanker.com
Email Address
(903)
517-3530
Selling Associate
Telephone
Cade Stone
3749 Lamar Ave. (903)782-9172
Selling Associate's Office Address
Facsimile
Paris Tx
75460
city State
Zip
cade.stone@coldwellbanker.com
Email Address
OPTION FEE RECEIPT
Receipt of $
is acknowledged.
Seller or Listing Broker Date
CONTRACT AND EARNEST MONEY RECEIPT
Receipt of U Contract and 0$
is acknowledged.
Escrow Agent:
~
Earnest Money in the form of
Date:
By: ' 1/-
Email Address
Telephone:
Address
State
Facsimile:
n
(TAR 1601) 06-30-08 I R1ZI-1 IVV. GV-v ~ ay- ~
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MEMORANDUM
TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor and Members of the City Council
FROM: Community Development Department
SUBJECT: Zoning Change Reguests
DATE: March 26, 2009
The following zoning change request will be presented at the Apri] 6, 2009, meeting of the
Planning and Zoning Commission and the April 27, 2009, meeting of the City Council of the City
of Paris for consideration:
1. Lois Johnny Exum is requesting that the property located on Lots 31-A and 35, City
Block 250, being number 2085 Fitzhugli, be rezoned from a Single-Family Dwelling
District No. 2(SF-2) to a Corrunercial District (C). The Comprehensive Plan
recommends that this property be zoned Commercial District (C).
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
'10' uU0 C. 32'
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