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2009-015-ORD REZONE 2085 FITZHUGHORDINANCE NO. 2009 -015 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 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. 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 8. Introduced and read on first reading on April 27, 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. ATTEST: (�, [QU-0 Pnice Ellis, City Clerk IAPPROVED AS ORM: W. Kent McII .ty Attorney THE STATE OF TEXAS, Know All Men By These Presents: COUNTY OP...... -.. LAMAR - -- . ................ That Southwestern Bell Telephone Company, a Missouri Corporation, with a permit to do business in Texas, of the County of Dallas , State of Texas for and in consideration of the sum of - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _DOLLARS, THREE THOUSAND AND N01100 ($3,000.00) - - - - - - - - - - to it paid, and secured to be paid, by George T. Seals and wife, Louise Seals 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 10th day of December, 1976, and $39.85 on or before the 10th day of each month there after until the amount is paid in full, payments to apply first 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 benefit of the holder of said note, - - I = '. - r: have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto�he said GEORGE T. SEALS and wife, LOUISE SEALS, of the County of Lamar State of Texas 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 200 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 West Boundary ,line of N.E. 9th Street; THENCE North 10 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. p�r EXHIBIT ,1 •sosodsnd fj'eSSaoau TIP s03 Opel, dgasaq sT a0uasaTal gOTgn oq 'SpsoOay POOL .Cqunoo Zeuuj '£S£ aged 'Z8Z KOO9 uT papso0al 'gy6T 'OZ Lmnurf pagep 'uoagar assof pus sTOgOTN qla� 01 aTMOH eTtjg0S 'a,TTM pule aTnoH oTTsa7 uo13 POOP uT pogTsOSap Slsadosd aces aqa 2uTag •SSOT JO as0u 'PusT ,To SOJOE S•T 2UTUTegUOD `2uTuuT2oq jo aoeTd Ogg 0a goad £LT 11410N a0uagy !peos ,To OPTS gsaM uo 031E1s s gaa,T £T£ 1Se3 a0uagy :ai{sas e aaad 8T£ •M -2aP OZ ggnoS aouagy !ONegs e 'gaaT TbZ 1SaM •tap 09 LlwoN peon g1TM ZOUauy :Peon jo OPTS gsom uo sausoa 00uaj qs axsgs e `g0esq TVUTDT10 OAoge aqg ,To sau100 gseagglON aqa as 2uTUUT2ag •ssxay `CqunoO seus7 jo sp?ooas poop '£03 a2ed '69.Z aunTOA UT papsooas 'MT `8 ATnr p@avp a-EA0H aT -psa7 oq •Te qa 'souof suns •sspl moi,T poop uT pagTsosop PuleT JO 30e12 as0s OT uTsgsaO s jo gssd s 2uraq pus daASng g ggfLlPsaH TTassn uTppoN aqq 3O ased V :qTM -o4 'sMoTTo3 se pagzsosap pue 'sexay 3o agsaS aqa Pus Zoureq do XCIunoO 0111 uT pagengTS pueT 3o,Taosed so 40es1 mu 1ia0 juq; ill, ssxay jo a ;u ;S ` selaer[ ;o SjunoD aq; to sTsaS osTnoq 'OJTA pus sTrOS •y a21oa0 p!US aqj o ;an Aanuoa Pau ilaS `1uui9 op SlUasaid asag7 Aq puE pgX3AuOD puu ploS `paluui0 oAleq 0 1TA pus saaj sCausogge %OT ZOd 2urPTAOSd 'XiTSnguu •asnsTO u0T4slaTa0 Zal,Te %T pus XgTsngeu TTqun unuus sad %9 qe agsp uo1,T gsasaguT 2UTSeaq `Tsd aqq pus gsasaguT To quauCed oq aSa-rj p;)-e aq oq squauLud - TOUTsd oq ZapuTsuas piss 'pTvd ST gsasaguT pus TsdTOUTad ,To aunoute TTn3 a11q TT1un zaq�Easa11q gquow 2uTpaaoons gosa 3o dep qFT aqq uo aTgs.Ced pus Onp aq oq 00.OV$ jo quaulTIVISuT axTT s pus '*961 'XsJ�t 3O XsP qsT a114 uo aTgs.Cud pus anp aq oq auautT'easuT .CTgluou qons as1Tj aqq 'gquou sad 00.Oi$ J0 squauTTegsuT klg4uow uT 'ssxay `.CqunoO Zsue7 `sT d qs 'sapso so 'suTaluaj •Z•;r oq aTge.tsd 'gaTMasaq agsp uaea Jo 's1eTToQ paspunH uaAag puesnogy Zno3 ;o qunous TsdTouTad 01-14 uT aaou uaTT s�sopuaA auo pus 'pofpzT^ou)jov Xgasa11 ST goTgM 3o gdTaoas aqq 'gse0 uT sJvTTOG paspunH aasgy :smollo} Se 'sTeag asTno7 4a3Tn pue sTsag •y 021000 Sq `p!ud aq of pamoas Pau `piud sn 0; `s,a rioa----- - - - - -- -------------------- OOT/ou pus puesnogy aAT3 3o mns aq; to u0i;u1apisu00 ul puu .101 `Sexay ;o 011:;S, Zuure7 }o 6;anoa aq; jo 'SUT�U@f OTUUOf 'aJTM pus suT�luaT-•7•j 'OM. "BU �ivr�v r------ - - -- -qo 2UNMOD :s�uasa�d asac�Z �g UDW IIv IAOUX `SvX1,Z 30 aZvZS aHZ caxa i. '6:II�rt '•o�1 .000ane1C Ni.iNVw — -11-2N1.01 MV )uml P.. %vMld °s 1' °Jjm'a1nois •aari s,-FIA Lill, P. 0, Box 9037 K Paris, Texas 75461 tz 903.784.9234 APPLICATION FOR ZONING CHANGE For Office Us Only Request Numbeerri y-� Date Rcvd:Q�Mtg Dater TYPE OF ACTION REQUESTED: V/cning Change ❑ Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address: Name of BU,5iness or Building (if applicable): \ Subdivision Lot 3.._ 3�k - 7�_�-7`+� Current Zoning: , <, — S � Proposed Zoning: 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? s I 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 No If No, why are you requesting a change in the permitting uses ?�� �� copy of is OWNER /APPLbICANT INFORMATION:ie(ffe ou are rY IF the contract a permission letter from theis owner contingen! required. pon the appficantsuccessful)y obtaining aa zoning the contract In BY change.) Applicant's Name: Applicant's Address: �cS�e7 C �CL`� Phone: Property Owner's Name: -��� �^ 2�R� Phone: Property Owner's Address: r� rararPC�rmtacs��oseretartarae s �eeccrar eecFeeer a�erer er aaes��tar iermeeer aer aeec® ecracer E® EaerLetesc rateeec ®rErFi�� ®es ®nree�crQSs R;WIRED SUBMITTALS (check those items which are included): If Planned Development requested, include also: 0 pleted application signed by the owner /applicant C3 Four (4) copies of a preliminary site plan ' V�Py of a deed with metes and bounds lssion letter from owner opy of contract to purchase the property the same is true I have carefully read al Laws will bletcompliedtwith, whether herein specified ornot. I certify that I am r theoow errlof the above vproperty or his State, and Federal duly authorized agent. Address: Signed: v yyt Phone Number: Print Name: o Fax Number: Date: - SWORN TO AND SUBSCRIBED BEFORE ME this ��day of �-� L , 20 bC\• 4Nctublic, State of Texas E C E I '� 12106 FILED: RM OTT p �` F 2 BLIC [� k G XAS es 01.26 -2011 BY: 3/5/09 To whom it may concern, I Louise Seals have a contract of sale subject to a zoning change. The property 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 A- 103 — WARRANTY DEED —With Vendor's Lien, Single, Wife's Separate and Joint Acmowieagmenw -- THE STATE OF TEXAS, COUNTY or .......... LMAF -------- _------ - - - - -- Know All Men By These Presents: That We, J.L._lenkins 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, Louise 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, Texas, 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 Tst day of each succeeding month thereafter -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 10jo attorneys fees and with acceleration clause. ,1 THE STATE Of ThXA�), Know All Alen By These Presents: LAMAR Q /' COUNTYOF ....... ...... .. .. .. ....................__.. 6�.; That Southwestern Bell Telephone Company, a Missouri Corporation, with a permit to do business in Texas, of the County of Dallas , State of Texas for and in consideration of the sum of — — — — — — — — — — — — — — — — — — — _ _ _ _DOLLARS, THREE THOUSAND AND N0 1100 ($3,000.00) - - - - - - - - Seals s and wife , Louise Seals as follows: to it paid, and secured to be paid, by George T. $600.00 cash to it in hand paid, the rNationalfBankcin1Pariseat its* ledged, and $2,400.00 paid by Liberty Nat st, which said sum of $2,400.00 is evidenced special instance and reque e said George T. Seals and wile, Louise Seals, by vendor's lien note of th of even date herewith, payable to Liberty National Bank in Paris, or order, at Paris, Texas, payable $39.85 on or before the 10th day of December, 1976, and $39.85 on or before the 10th day of each there- after until the amount is paid in full, payments to apply accrued interest and then to principal, with interest thereon from date until paid at the rate of 10% per annum, interest h payable monthly asand it accrues, the vendor's lien retained o all assigned to Liberty National Bank in Paris and-it is suandgsaid tndebt- the rights thereto as if it were the original grantor, edness is further secured by Deed of Trust of even date herewith of grantees to J. B. Bankhead, trustee, for the benefa4t of the holder of .said note, - t _ the said have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto cn 11 ONE TO FOUR FAMILY RESIDENTIAL CONTRACT (RESALt) Uuc NOTICE: Not For Use For Condominium Transactions PORTUHITY Louise seals 1. PARTIES: The parties to this contract are Lou Seller (Buyer). Seller agrees and �-0�5 �+m.o•8 Johnn Exam to sell and convey to Buyer and Buyer agrees to buy from Seller the Property defined below. 2. PROPERTY: 31 -A & 35 Block 250 A. LAND: Lot Addition, City of County of Lamar Paris 75460 (address /zip Texas, known as 2085 Fitzhugh code), or as described on attached exhibit. B. IMPROVEMENTS: The house, garage and all other fixtures and improvements attached to the above - described real property, including without limitation, the following 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 equipmplumbing heating and lighting air-conditioning ture units, security and fire detection equipment, wiring, cleaning chandeliers, system, kitchen na p ns pe equipment, shrubbe y, landsca P ng outdoor cooking equipment, and all other property owned by Seller and attached to the above described real property. C. ACCESSORIES: The following described r ns randedrodsCebl blinds window shades, air draperieso and units, stove, fireplace rods, controls for satellite dish system, conrou p lnd f oolgarswimm swimming pool eequipment Band controls, door keys, mailbox keys, above g maintenance accessories, 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: as the "P The land, improvements and accessories are conecuveiy re1C11au LU '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 j fee or mortgage insurance premium) ....... • • • • . • • • • • • • • • • . C. Sales Price (Sum of A and B) .................................. 4. FINANCING: The portion of Sales Price not payable in cash will be paid as onows: VATaurn applicable boxes below) mortgage loans in the total amount of ❑ A. THIRD PARTY FINANCING: (excluding any loan funding fee r ortgage insurance premium). $ does not satisfy the lenders' underwriting (1) Property Approval: If the Property 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) roved for the financing described in ❑ (a) This contract is subject to Buyer being app the attached Third Party Financing Condition Addendum. fo r financing and does not ❑ (b) This contract is not subject to Buyer being approved involve 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 FINANCING: A promissory note from Buyer to Seller of $ secured by vendor's and deed of tst liens, an Addendum, If han townerapolicy of title described in the attached TREC Seller insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance. Buyer shall deposit 5. EARNEST MONEY: Upon execution of this contract by all parties, $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 eff ective 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: x 's ❑Buyers expense an owner policy A. TITLE POLICY: Seller shall furnish to Buyer at ❑ Seller of title insurance (Title Policy) issued by (Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy Sel subject to the �RE I NO a20 8 IP ge 1 of a and RAR Aso >> os -so -oa Initialed for identification by Buyer Phone:(903)782-990Fax: (903)7829172 Coldwell Banker Regional Realty 3749 Lamar Ave., Paris TX 75460 T4722286.ZFX Cade Stone Produced with ZipF o m® by zipLoga 18070 F fteen Mile Road, Fraser, Michigan 48026 www ziplogix corn k-uuiw. - . ...,. (including existing building and zoning ordinances) and the following exceptions: is located. (1) Restrictive covenants common to the platted subdivision in which the Property (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) Reservations 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 in area ". B. COMMITMENT: Within 20 days after the Title Company receives a copy of this contract, Seller 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. Seller 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 specified time, the time for delivery will be automatically extended up to 15 days or the Closing Date, whichever is earlier. C. 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 Propert y 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 4receipt or the to specified in this paragraph, whichever is earlier. 3) Within days after the effective date of this contract, Seller, at Seller's expense shall furnish a new survey to Buyer. or encumbrances to title: D. OBJECTIONS: Buyer may object in writings defects, thrrou exceptions, above; disclosed in the disclosed on the survey other than items 6A() 9 ( ) Commitment other than items 6A(1) through (8) above; or which prohibit the following use or activity: E Buyer must object the earlier of (i) the Closing Date or (ii) 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. the earneobjections t ctmoney are will not be refunded to Buyers unless eBuyerthis waivescontract the will terminate 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 attorney of Buyer's choice due to the , time limitations on Buyer's right to object. is 11 is (2) PROPERTY OWNERS' ASSOCIATION MANDATORY MEMBERSHIP: owners' association. I Property te Property is not subject to mandatory membership in a property Seller notifies Buyer subject to mandatory membership in a property owners' association, erty in the under §5.012, Texas Property Code, that, as a purchaser of prop 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 will 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 assessments to the property owners' C)"nrin inn The amount of the assessments is subject to change. Your failure to pay the (TAR 1601) 06 -30 -08 Initialed for identification by Buyer and Seller TREC NO. 20 -8 Page 2 of s assessments could result in a lien on and the foreclosure of the Nroperry. it tsuyc[ 1b concerned about these matters, the TREC promulgated Addendum for Property Subject to Mandatory Membership in a Property Owners' Association should be used. is situated in a utility or other sta (3) STATUTORY TAX DISTRICTS: If the Property tutorily 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. 33.135, (4) TIDE WATERS: If the Property abuts the tidally influenced waters of the state, § included inur the Rcontract. An addendum containing rtherdnottiiiceo promulgated prbyeTR e EC 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 jurisdiction. 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 ebe required to pay construct before you anore receive water -or sewer service. There may be a p required 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 Tperiod, e e undersigned that Buyer required to provide water or sewer service to your property. 9 Y 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 assoessmsentsto purchaser muc paoty this parcel of real property you are obligated to pay 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 a f the assessments is the assessments could result o alien on and he foreclosure of your property. Your failure to pay 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) j�(1) Buyer has received the Notice. (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: LENDER REQUIRED REPAIRS AND TREATMENTS: Unless otherwise agreed in writing, neither oartv is obligated to pay for lender required repairs which includes treatment (TAR 1601) 06 -30 -08 Initialed for identification by Buyer T F_ . and Seller TREC NO. 20 -8 Page 3 of e ontract concerning °° r (Address of Property) 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. Ali 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 wetlands, 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, Seller shall reimburse Buyer at closing for the cost of the d rev de any service contract in an amount not exceeding $ 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: May 4 2009 , or within 7 A. The closing of the sale will be on or before days after objections made under Paragraph 6D have been cured or waived, whichever date is later (Closing Date). If either parry falls 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. POSSESSION: Seller shall deliver to Buyer possession of the Property in its present or required condition, ordinary wear and tear excepted: ❑ upon closing and funding [I according to a temporary residential lease form promulgated by TREC or other written lease required by the parties. Any possession by Buyer prior 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 -o8 Initialed for identification by B e r uy U L- and Seller TREC NO. 20 -8 Page 4 of s 26 www zioLooi Produced with DpForm by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 480x co ® m T4722286.ZFX \1" a (Address of Property) 12. SETTLEMENT AND OTHER EXPENSES: A. The following expenses must be paid at or prior to closing: (1) Expenses payable by Seller (Seller's Expenses): (a) Releases of existing liens, including prepayment penalties and recording fees; release of Seller's loan liability; tax statements or certificates; preparation of deed; one -half of escrow fee; and other expenses payable by Seller under this contract. to be applied in the (b) Seller shall also pay an amount not to exceed $ 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, s for flood and hazard insurance, reserve deposits for including required premium insurance, ad valorem taxes and special governmental assessments; final compliance inspection; courier fee; repair inspection; underwriting fee; wire transfer fee; expenses incident 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 El will not be submitted to a mutually acceptable mediation service or provider. The parties to the mediation shall 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 prevails in any legal proceeding related to this contract is attorney's fees and all costs of such proceeding. (TAR 1601) 06 -30 -08 Initialed for identification by Buyer and Seller Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 Broker, or escrow agent who entitled to recover reasonable TREC NO. 20 -8 Page 5 of s M T4722286.ZFX (Address of Property) 18. ESCROW: A. ESCROW: The escrow agent is not (i) a party to this contract and does not have liability for the performance 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 all 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 shall execute counterparts of the release and deliver same to the escrow agent. If either party fails to execute the release, either party may make a written demand to the escrow agent for the earnest money. If only one party 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 agent's 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 continue 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 at: Louis Johnny Exum at: Louise Seals 3749 Lamar Ave. Paris Texas 75460 Paris Texas 75460 Telephone: Telephone: Facsimile: Facsimile: E -mail: E -mail: (TAR 1601) 06 -30 -08 Initialed for identification by Buyer _T_e and Seller TREC NO. 20 -8 Page 6 of 8 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLooix.com T4722286.ZFX ,oniract uonceinuiy (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 applicable boxes): ❑ Third Parry Financing Condition Addendum ❑ Seller Financing Addendum ❑ 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 Property by Buyer ❑ Addendum Containing Required Notices Under §5.016, §420.001 and §420.002, Texas Property Code ❑ Addendum for "Back -Up" Contract ❑ Addendum for Coastal Area Property ❑ 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 ❑ 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 unrestricted 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 Attorney 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 Ex Seller Louise Seals Buyer Seller The form 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, TX 78711 -2188, 1 -800- 250 -8732 or (512) 459 - 6544 (http: / /www.trec.state.tx.us) TREC NO. 20 -8. This form replaces TREC NO. 20 -7. (TAR 1601) 06-30-08 TREC NO. 20 -8 Page 7 of 8 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com T4722286.ZFX 1ut55 r'iLznuyll 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 represents ❑ Buyer only as Buyer's agent ❑ Seller as Listing Broker's subagent Listing Broker License No. represents ❑ Seller and Buyer as an intermediary RI Seller only as Seller's agent (903)_517 -6941 Telephone Listing Associate Telephone Associate Brands Stone 3749 Lamar Ave. (903)782 -9172 Broker's Address Listing Associate's Office Address Facsimile City State Zip Facsimile Email Address Receipt of $ Paris TX 75460 City State Zip 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 (Option Fee) in the form of Seller or Listing Broker Date CONTRACT AND EARNEST MONEY RECEIPT Earnest Money in the form of Receipt of 12 Contract and 0 $ 5 is acknowledged. Escrow Agent: is acknowledged. Date: > - s - D C, By: Email Address Telephone: Address Facsimile: City State 4-1 TREC NO. 20 -8 Page 8 of 8 (TAR 1601) 06 -30 -08 Produced with ZipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLoqix.com T4722286.ZFX 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 Requests DATE: March 26, 2009 The following zoning change request will be presented at the April 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 3 5, City Block 250, being number 2085 Fitzhugh, be rezoned from a Single - Family Dwelling District No. 2 (SF -2) to a Commercial District (C). The Comprehensive Plan recommends that this property be zoned Commercial District (C). cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney