2009-031-ORD REZONE 2909 FM 195ORDINANCE NO. 2009 -031
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 A 0.470 ACRE TRACT OF LAND
BEING A PART OF THE WESLEY ASKINS SURVEY #7, LOCATED AT 3909 FARM
TO MARKET 195, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN
AGRICULTURAL DISTRICT (A) TO A COMMERCIAL DISTRICT (C) WITH A
SPECIFIC USE PERMIT (49) AUTO FUEL SALES 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 a 0.470 acre tract of land being a part of the
Wesley Askins Survey #7, located at 3909 Farm to Market 195, City of Paris, Lamar County,
Texas from an Agricultural District (A) to a Commercial District (C) with a Specific Use Permit
(49) Auto Fuel Sales; and,
WHEREAS, on August 3, 2009, the Planning and Zoning Commission conducted a public
hearing on the proposed amendment to the City zoning ordinance and, following said hearing,
made formal recommendation to the City Council to approve the requested zoning; and,
WHEREAS, on August 24, 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 Future Land Use 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 a 0.470
acre tract of land being a part of the Wesley Askins Survey #7, located at 3909 Farm to Market
195, City of Paris, Lamar County, Texas from an Agricultural District (A) to a Commercial District
(C) with a Specific Use Permit (49) Auto Fuel Sales, 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 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. That the City Council voted by a supermajority vote of the entire Council to
suspend the rule requiring two readings before adoption of ordinances 7 ayes and 0 nays.
Section 9. 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 by the City Council of the City of Paris, in regular session on
this the 24th day of August, 2009.
Z/-
sse Jam s Freelen, Mayor
ATTEST:
'J ice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent Mc lya4ly Attorney
P,k Vol FD tt
00050001 OR 1904 107 ft
NOTICF OF CONFIDFNTIAI iTY RIGHTS: IF YOU AREA 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)
09-o I Cb
THE STATE OF TEXAS )
' ) KNOW ALL MEN BY THESE PRESENTS:
i COUNTY OF LAMAR )
THAT AGIIA FOOD STOP, INC., A Texas Corporation, by and through its duly
i
i authorized President, Mehmood Agha (hcrcin called "grantor "), of Ilia County of Lamar, State of
Texas, for and in consideration of the sum of Ten ($10.00) and more Dollars cash to it in hand paid
by MASOODA KHWAJA, receipt of which is hereby acknowledged; and
Two hundred twenty thousand and no/ 100 (S220,000.00) Dollars paid by PEOPLES BANK,
Paris, Texas, for the grantee herein at her special instance and request, which sum of $220,000,00 is
evidenced by vendor's lien note executed by grantee herein, payable to PEOPLES BANK as therein
provided, secured by the vendor's lien herein retained and additionally secured by deed of trust to
Terry L. Christian, Trustee, for ilia benefit of ilia holder of said note. The vendor's lien herein
retained is hereby transferred and assigned to PEOPLES BANK, Paris, Texas, and it is subrogated
to all the rights thereto as if it were the original grantor herein;
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto
MASOODA KHWAJA (hcrcin called "grantee "), of ilia County of Lamar, Slate of Texas, where her
mailing address is P. O. Box 843, Paris, Texas 75461 - 0843, all those certain tracts or parcels of land
in Lamar County, Texas described as follows; Subject To the power line across the property, as shown
on ilia plat of the survey made by). M. Nelson, Registered Professional Land Surveyor, dated January
29, 1987:
EXHIBIT A
B Vol P9
0C)Q50001 OR 19rD4 108
Two (2) tracts of land about four (4) miles North 53 Deg. East from the City of Paris, part of the
Wesley Askins Survey, Abst. No. 7, containing 0.470 acre of land and 0,241 acre of land, and being the same
property described in decd to AGHA Food Stop, Inc., A Tcxns Corporalion, ofrecord in Book 1816, Page 206,
Lamar County Official Records; more fully described in Exhibit "A" attached hereto and made a part hereof
for all necessary purposes,
TO HAVE AND TO HOLD the within described premises, togethcrwilh all and singular the
rights and appurtenances thereto in anywise belonging unto MASOODA KHWAJA, her heirs or
assigns forever; and grantor hereby binds itself, its successors and assigns, to Warrant and Forever
Defend, all and singular the within described property and premises unto MASOODA KHWAJA,
her 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 lice 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 decd shall become absolute.
WITNESS this 21 st day of June, 2007.
AGHA FOOD STOP, INC.
A Texas Corporation
BY-.
NIEHMOOD I A, President
Duly Authorize
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1904 109 I
THE STATE OF TEXAS )
COUNTY OF LAMAR )
THIS instrument was acknowledged before me on the daY of June, 2007, by
NtEHM00D AGHA, in the capacity therein stated.
Notary Pub ic, Statc of cx
L...��_..,,,,:, ".,vvecvec oeoe0000eenoovoeee8 .
g ,:kr •., DENISE MOFFITT.
Notary Public
.j*-�`� ra S1ATE OF TEXAS
.P My Commission
Expires 12102/2009+
,1F -rEll RECORDING RF.TIIRN TO: PREPARED IN TIIF. LAW OFFICE OF;
A. W. Clem, Attomey
rts. Masooda Khwaja do The Moore Law Firm, L.L.P.
P.O. Dox 843 too N. Main, Paris, TX 754604222
Paris, Texas 75461.0843
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Vol PEI
19044 110
TRACT ONE:
Deg Eat of the City ofparis Courtly ofLa rase, u d Siu►ted about 4 rn;lu North 5
.
State orTmas, a part of the Wesley Askins Survey N, and being a part of a 7.6 acre tnct of
land conveys! Gkrn Watson by decd recorded in Vcl. 701, Page 271, of the Deed Records
of said County and Statc, and being a 0.470 z= tract Mud conveyed Katncth W. Halcomb
by decd recorded in Vol. 705, page 814, of said Decd Records.
Beginning at an iron pin (1) for coma at the present Southwest comer at the present
Southwest comer ofsaid 7.6 acre tract, stud point bang the Southwest comerofv6d 0.470
acre tact.
Thcnee North l Deg I 1 Min. West along the, West Boundary Une orsaid 16 acre
tract a disurtecof 188.6 fi. to an iron pin (f) for corner at the Northwest coma orsaid 0.470
acre tract;
ThmceNoah 54 Deg. 32 Min. East a distance of 100 R to an iron pin (f) for coma
or the Northeast Comm orsaid 0.470 acre "cn
Tltcars South 23 Acgjn.X- ast.a.distamc, of 150 R. to an iron pirC(f)'for b6Wcr
abbe Souticeast comer of said 0.470 acre tract',
Thrsce around a curve to the 6ght(R- 7579.4373) along the North Boundary Line of
Farm Road 195 a'dsimcr of 175 ft. to the place ofbeginning amt Wntaining Q.470 ale of
land.
TRACT T W 0:
Suuated'about 4 mete Nosh 53 Deg. Eun ofNe Gty of [iris, Couruy of t.amar, and
State ofTeus, a pan ofthe Wesley Askins Survey 07, and being a pan ora 7.6 sae tract of
land conveyed perm Watson by deed recorded in Vol. 701, Page 271, orthe Dad Records
of said County and State,
Beginning at an iron pia (1) Ibr eorncr in the Wct Dcundary Lino orsaid 7.6 acre tract
at the Northwest comcr Ora 0.470 acre pact Orland conveyed Kenneth W. Holcomb by decd
recorded in VOL 705, page 314. orsaid Records.
Thence along a fence along the Wert Ioundary Lira of aid 7.6 acre tract as followr.
North 1 Deg 15 Mir. 41 Sec West a distance or) 10-85 A. to m iron pin (0 at the Northeast
comerofa 4;62 acre tract of And conveyed marshall'fcrrdl by decd recorded in VOI, 551,
page 9, orsaid Raords: North 0 Deg, 09 Min_ 16 Sec Eon a du=nce of 140.96 fL to an iron
pin (s) for comer,
Thence South 23 Dcg. IS Mu. 41 Sec. L• ast a distance of 210.9) R.to an iron pin (Q
for comer at the Northeast corner of5a;d 0.470 acre tract;
Thence South 54 Deg 29 Min. 59 Sec, West a distance of 100 R. to the place of
beginning and containing 0141 acres of land .
E X H IBIT "A't
GOU "IIY CLF.8's DOGUTAEN!
PO pRE1N0T Ik PRCDUGI9LE
004 RECORDED
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TO: Chairman and Members of the Planning and Zoning Commission
Honorable Mayor- and Members of the City Council
FROM: Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: July 24, 2009
The following zoning change request will be presented at the August 3, 2009, meeting of
the Planning and Zoning Commission and the August 24, 2009, meeting of the City Council of the
City of Paris for consideration:
BK Trading, Inc. is requesting that the property located on a 0.470 tract of land that is part
of the Wesley Askins Survey 97, being number 3909 Farm to Market 195, be rezoned from
an Agricultural District (A) to a Commercial District (C) with a Specific Use Permit (49)
Auto Fuel Sales. The Comprehensive Plan recommends that this property be zoned Low
Density Residential. Approval of this request would require an amendment to the
Comprehensive Land Use Map.
cc: Kevin Carruth, City Manager
W. Kent Mcllyar, City Attorney
COMMUNITY DEVELOPMENT DEPARTMENT
P. O. Box 9037 e Paris, Texas 75461 m 903 - 784 -9234
APPLICATION FOR ZONING CHANGE
TYPE OF ACTION REQUESTED
PROPERTY INF���Ip
���i N:
Address: _ "
Name of Business or Building (if applicable):
Lot Block
For Office Use Onlylp Request Number:
Date Rcvd: Eon 6 (; �1 Mtg Date: �
Iv/zoning Change ❑ Specific Use Permit
Subdivision
Current Zoning:_ `
What is the proposed use of the property?
❑ Planned Development
I
Proposed Zoning: �Is
Vs !
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? (YeJ if No
IL N-0
If No, how do you propose to reduce any adverse impact? a
Is the tract unsuitable for uses permitted under the present zoning classification? (9 / Nct
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 contra ctmay ba used In lieu of permission letter ONLY IF the contract provides that the purchase Is con tingenf upon the applicant successfully obtain Ing a zoning
change.)
Applicant's Name:
Applicant's Address:
Property Owner's N<
Property Owner's Ad
®emeemmme■ ®seam
RFQU1RED SUBMITTALS (check those items which are included):
IV ompleted application signed by the owner /applicant
Cit Copy of a deed with metes and bounds
- 9aPermission letter from owner
-4;1aCopy of contract to purchase the property
aeeeemeeeeeee ®sec ®�eemeememm
If Planned Development requested, include also:
❑ Four (4) copies of a preliminary site plan
I 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. `
Signed: -I Address:
Print Name: Phone Number:
Date: Fax Number:
SWORN TO AND SUBSCRIBED BEFORE ME this day of Q-1�1
Notary Public, State of Texas
FILED: Q �J
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STATE OF TEXAS
Ifti Comm, Ezp.0412212010
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