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2009-025-ORD APPROVING SITE PLAN FOR 3051 LAMAR AVEORDINANCE NO. 2009 -025 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, APPROVING A SITE PLAN FOR A PLANNED DEVELOPMENT DISTRICT - COMMERCIAL CENTER (PD -a1), PREVIOUSLY ESTABLISHED BY THE ENACTMENT OF ZONING ORDINANCE NO. 88 -005, ON LOT 5 AND THE WEST 10.5 FEET OF LOT 6, BLOCK 1, HAYES HEIGHTS ADDITION, LOCATED AT 3051 LAMAR AVENUE, PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 8, 1988, the City Council of the City of Paris, Texas enacted Ordinance No. 88 -005, establishing a Planned Development District - Retail Commercial Center (PD -a1) on Lot 5, and the west 10.5 feet of Lot 6, Block 1, Hayes heights Addition, located at 3051 Lamar Avenue, Paris, Texas as described in the aforesaid ordinance (hereinafter the "Property "); and, WHEREAS, Mark Easlon has filed a Site Plan for the Property in connection with their plans to build a Travel Office on the Property; and, WHEREAS, the Site Plan as shown on Exhibit A attached hereto, has been reviewed by the City Engineer and Community Development Director and is hereby submitted to City Council for approval. 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 site plan, including the drainage plan, for Lot 5 and the west 10.5 feet of Lot 6, Block 1, Hayes Heights Addition, located at 3051 Lamar Avenue, attached hereto as Exhibit A, be and the same is hereby, approved. Section 3. All provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. 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 S. It is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. Any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1 -6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above - enumerated sections shall constitute and be deemed a separate offense. Section 7. That by a supermajority vote of 7 ayes and 0 nays, the City Council voted so suspend the rule requiring two readings before adoption of this ordinance. Section 8. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 27th day of July, 2009. ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent cIly r, ty Attorney i I I I I I I I I I- I I I li 11 I' II i �I �I 3'6133H- ISM '3'N 13:. 16l[ is NL ON F • � •inn ww++ua•�oMao x 3NW Saoo+e 240SN" � 6 3 � . g S n . x F : L------- - - - - -- �J 411 � I I I I d �.� aI� i i i i a I x g# i tj i 6 is � � H 'Ima -Am I vim" } z p Y 0gm 0 �m� � W 0� W 0 ZJd 13 � U 1 .1, 11, : -'::�.-I Ild aur'PI tJ MNO 1"MM KXoPuNf IIk al I Ti {------ - - - --i � ------------- L--- - - - - -- =VLJI 1 .1, 11, : -'::�.-I Ild CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. O. Box 9037 a Paris, Texas 75461 a 903 - 784 -9234 APPLICATION FOR ZONING CHANGE For Office Use my Request Number`: Date Rcvd: ~���0 Mtg Date t TYPE OF ACTION REQUESTED: ❑ Zoning Change ❑ Specific Use Permit Planned Development PROPERTY INFORMATION: Address: 361SI L_c h,A-,- Aue Name of Business or Building (if applicable): Se vpl5 Tit' Lot �_ Block ,Subdivision Current Zoning: Proposed Zoning: What is the proposed use of the property? T,-A14 Describe the character and /or nature of uses of surrounding property. 60t'(,- Will the re -zoned designation be compatible with the classification and use of adjoining lands? J;)/ No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? Yes / If No, why are you requesting a change in the permitting uses? OWNER /APPLICANT INFORMATION: (if you are not the owner, a permission letter from the owner Is required. If you are purchasing the property, a copy of the contract maybe used in lieu ofs permission letter ONL Y IF the contract provides that the purchase Is contingent upon the applicant successfully obtaining a zoning change.) Applicant's Name: —ZbQ Applicant's Address: L514 o h&-.✓oo, G y Phone: Ito 3- 7 r ?5 • O1 el l Property Owner's Name: Ma r-k a o� c(' l�-oa ( Kak L-7-A4 /iN Property Owner's Address: S `(0 XA--f4Jo w C)f !ktl y, % 7 S Mfr & Phone: !jD T' 7 a'S - Cr Z q `7 ■■ aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaeaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa■ REQUIRED SUBMITTALS (check those items which are included): : mpleted application signed by the owner /applicant If Planned Development requested, include also: Copy of a deed with metes and bounds Four (4) copies of a preliminary site plan • Permission letter from owner • Copy of contract to purchase the property 1 have carefully read the complete application and know the same is true and correct. I hereby agree to comply with all provisions of local, State, and Federal Laws will be complied with, whether herein specified or not. I certify that I am the owner of the above property or his duly authorized agent. y Signed: ` �- Address: Z 5 qo At�a,►%/ �✓ ��1 Print Name: c, W S Phone Number: Rn- -Oz4k7 Date: a Fax Number: 7 - 7oe) SWORN TO AND +SUBSCRIBED BEFORE ME this Ala da of S 20O G Ada E I VE N Ic, tate of Texas FILED: JUN I ? 2009 12/06 JEANNA SCOTT / , h NOTARY PUBLIC BY_ �• ' "" `�'� STATE OF TEXAS EXHIBIT A t my commission Expires 01 -26 -2011 1J00058 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. WARRANTY DEED (with Vendor's Lien) THE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT I, DOROTHY J. BANKHEAD, INDIVIDUALLY AND DOROTHY J. BANKHEAD AS INDEPENDENT EXECUTRIX OF THE ESTATE OF LEANDER JACK BANKHEAD, SR., (herein called "grantor "), of the County of Lamar, State of Texas, for and in consideration of the sum of Ten ($10.00) and more Dollars cash to me in hand paid by MARK EASLON AND WIFE, REGINA EASLON, receipt of which is hereby acknowledged; and One Hundred Twenty Thousand Seven Hundred and no /100 ($120,700.00) Dollars paid by GUARANTY BOND BANK — PARIS, Paris, Texas, for the grantee herein at his special instance and request, which sum of $120,700.00 is evidenced by note executed by grantee herein, payable to GUARANTY BOND BANK - PARIS as therein provided, secured by vendor's lien herein retained and additionally secured by deed of trust to Tyson T. Abston, Trustee, for the benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and assigned to GUARANTY BOND BANK - PARIS, Paris, Texas, and it is subrogated to all the rights thereto as if it was the original grantor herein; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto 1- 068184 -2009 Pages: 4 WD 03/30/2009 11:19:19 AM By: gretchenb Lamar County, TX Kath Marlowe - Count �iiiiii Clerk T 00005) MARK EASLON AND WIFE, REGINA EASLON (herein called "grantee "), of the County of Lamar, State of Texas, where their mailing address is 2540 Meadow Lane, Paris, Texas 75462, all that certain tract or parcel of land in Lamar County, Texas described as follows: A part of the George W. Cox Survey, within the corporate limits of the City of Paris, being all of Lot Five (5) and 10.5 feet off of the West side of Lot Six (6) in Block One (1) of the Hayes Heights Addition; being further described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. The conveyance evidenced by this deed is made subject to the following, to the extent each affects the within described property or any part thereof: Easement and right of way to the State of Texas dated 11/21/47, recorded in Book 298, Page 458, Lamar County Deed Records. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto MARK EASLON AND WIFE, REGINA EASLON, their heirs or assigns forever, and grantor hereby binds themselves, their heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the within described property and premises unto MARK EASLON AND WIFE, REGINA EASLON, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as aforesaid against the within described property, premises and improvements until the above described note, and all interest thereon, are fully paid according to its face and tenor, effect and reading, when this deed shall become absolute. WITNESS my hand this 27th day of March, 2009. -2- • UUUU66 DOROTHY J. DANKHEAD, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF LEANDER JACK BANKHEAD, SR. THE STATE OF TEXAS ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the day of March, 2009, by DOROTHY J. BANKHEAD. 111) '_ v •,� X10 ] tr44Y+Qt76A � . �N� Y N��•.. ` DENISE MOFFITT2 =2: `�: (Votary Public STATE OF TEXAS ,y= My Commission :.>,9;res 12/02/2009 fir.•., �... ., ... .- nnn�,. r.. AFTER RECORDING RETURN TO: Mark & Regina Easlon 2540 Meadow Lane Paris, Texas 75462 Notary Public, State of Texa -3- 00061 PREPARED IN THE LAW OFFICE OF: A. W. Clem, Attorney c/o The Moore Law Firm, L.L.P. 100 N. Main, Paris, TX 75460 -4222 i all that cavaiu tract or parcel of land situated in'iamar 6iinEy texas, and described as follows, to -wits Situated within the Corporate 11zits 6f the City of Parts, County of Lamar and State of Taxas; a part of the George W. Cox Survey and being a description of'all of Lot 5 and 10.5 test off tha West aids of Lot 6, B1pek 1, of the Hayes Heights, Addition, said Addition being duly recorded in the Flat Records of said County and State DEGINN32M at 'an iron pipe for corner in the North Boundary pine of Lamar Avenue, said point being 390 feet East of tbie East Soundary Line of US, #aid point for corner being the present Southwest corner of :aid Lot 5; THENCE Vorth a distance 209 feet to an iron post for corner at the Northwest corner of said Lot. S; •THENCE East at 100 feet being the Northeast corner.of said Lot S, continuing on a total distance of 140.3 feet to a stake for corner. in the Borth Boundary Line of said Lot 6; THENCE'South a distance-of 209 feet to a stake for corner in they North Boundary Lino of Lamar Aveaue;' THENCE west at 10.5 feet being the present Bouthrast-cornar of said Lot 6, continuing ea a total distance of 110_5 feeti to the place of beginning, the above field notes being taken from an actual- survoy made on the ground by W. A. Abbott, Registered PubUc Surveyor of Texas, April 15, 1966, SUBJECT to all ssatrictive covenants, easements and rights -of w&V of record.. EXHIBIT-A R UULU6G loo-1111 TO: Honorable Mayor and Members of the City Council of the City of Paris airman and Members of the Planning & Zoning Commission FROM: h wn Napier, P.E., Director of Engineering, Planning and Development SUBJECT: Site Plan for 3051 Lamar Avenue DATE: June 29, 2009 I have reviewed the site plan of the above - subject property and recommend the following: 1. Label location and dimensions of all existing and proposed off - street parking areas including: location and dimensions of off - street stalls and label existing stalls. Provide a back up or turn around area for the two northern most parking spots. 2. Label location and size of water and sewer taps, water meter, and on -site utility lines and backflow devices. More information is needed on the proposed drainage to be installed. Show the entire drainage area map. Provide a plan and profile of the storm sewer pipe. This plan should include existing and proposed ground level. Please include elevation information from the west side of Lot 6. Provide a detail of the proposed inlet at the north end of the storm sewer pipe and submit a proposed detail for a structure on the south side of the pipe to prevent erosion. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney W UUUU6 3 z 9 19 QW a fin° JAW Z °aa IN gall t M,5 wj J �� b� ILa all z 13 � a I U'w Nip »5 A w1 AI E uyp AbNN 9Sd C b ''� I I I 8 � diy iu 5 557 All, bbk u rm' �� I Q M D 1 A/rols W■ wn'nd um -P" wm-3 I I� 6 6 ak 7 I 7N 1046 LW M V 0006 Z �m. r L J j^ I „ _ i r f r r � yn _ 6 a a* � toot - y� �* •• ±w try: .. , a ak i , :k G^ A s. goo Jo 0 rl �. OF I �a 0 m w 1) 1) 11119 f� � \\ \\ ■ \ \ \ ■ \� �� \ ; w 13 000067 s �,q G Y "W