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2009-032-ORD REZONE 1920 S CHURCHORDINANCE NO. 2009 -032 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 1.094 ACRE TRACT OF LAND SITUATED ON THE WEST PORTION OF A PART OF LOT 3, CITY BLOCK 170 -A, LOCATED AT 1920 SOUTH CHURCH STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A LIGHT INDUSTRIAL DISTRICT (LI) 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 a 1.094 acre tract of land situated on the West portion of a part of Lot 3, City Block 170 -A, located at 1920 South Church Street, City of Paris, Lamar County, Texas from a Light Industrial District (LI) to a Commercial District (C); 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 a 1.094 acre tract of land situated on the West portion of a part of Lot 3, City Block 170 -A, located at 1920 South Church Street, City of Paris, Lamar County, Texas from a Light Industrial District (LI) to a 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 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. sse Jame Freelen, Mayor ATTEST: I � 20L nice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, i Attorney ; 4 THE STATE OF TEXAS ) COUNTY OF LAMAR ) CONTRACT OF SALE & PURCHASE BY THIS AGREEMENT AND CONTRACT ROBERT (BOB) UNRUH of Lamar County, Texas, herein called "Seller ", agrees to sell and convey to SEED SOWERS CHRISTIANS IN ACTION, A Texas Non - Profit Corporation, by and through its duly authorized President, Donald R. Walker, also of Lamar County, Texas (whose mailing address is ), herein called "Purchaser ", the following described real property and premises in Lamar County, Texas: The property and premises at 1920 South Church Street in the City of Paris, being a tract of 3.754 acres of land in the Larkin Rattan Survey, Abst. No. 778, Save, Except and Less a tract of 1.319 acres of land; all more fully described in Exhibit "A" attached hereto and made a part hereof for all necessary purposes. The purchase price for the within described property shall be Two hundred eighty -five thousand and no /100 ($2115,000.00) Dollars, PAYABLE AS FOLLOWS: (a) $60,000.00 in the form of a gift from Seller to Purchaser; and (b) The balance, $225,000.00, PAYABLE AS FOLLOWS: (I) $5,000.00 cash at time of Closing; and (ii) The balance, $220,000.00, evidenced by note from Purchaser to Seller, bearing interest at the rate of 4.00% per annum, payable as follows: INTEREST ONLY one (1) year from date of Closing, with the entire unpaid principal balance, plus accrued interest, due and payable 18 months from date of Closing. Purchaser's note to Seller will be secured by vendor's and deed of trust liens covering the within described property; shall contain the privilege of prepayment without penalty; and both the note and deed of trust shall contain a "due -on- sale" clause. Seller agrees to execute a good and sufficient General Warranty Deed conveying the property to Purchaser; and Purchaser agrees, when such deed is tendered, to pay the cash payment hereinabove provided for and to execute all documents necessary to consummate this transaction. In the event the improvements on the within described property are destroyed, or damaged beyond repair, by fire, windstorm, hail, explosion or otherwise, before this contract is consummated, Purchaser may — at its option - terminate this contract. TO THE BEST OF SELLER'S KNOWLEDGE AND BELIEF, THERE IS NO ENVIRONMENTAL DAMAGE NOR ARE THERE ANY HAZARDOUS SUBSTANCES ON THE PROPERTY WHICH WOULD AFFECT ITS USE FOR PURCHASER'S INTENDED PURPOSES. OTHERWISE, SELLER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONDITION OF THE PROPERTY. SPECIFICALLY, SELLER DOES NOT MAKE ANY REPRESENTATIONS REGARDING SOLID WASTE, AS -1- EXHIBIT Q NS DEFINED BY THE TEXAS SOLID WASTE DISPOSAL ION AGE ®CY ADOPTED THEREUNDER, OR THE U.S. ENVIRONMENTAL PRO REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY, OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE AND LIABILITY COMPREHENSIVE ENVIRONMENTAL RESPONSE CO ONIUI�GA�'ED THEREUNDER. ACT OF 1980, AS AMENDED, AND REGULATIONS P SPECIAL CONDITIONS: 1. Closing shall be no later than ten (10) days after final approval er the given City of Paris of the, to Purchaser at zoning change hereinafter required, with possession of the property g time of Closing; PROVIDED: Purchaser shall have the right to store its fixtures in the building on the property upon execution of this contract. 2. Ad valorem taxes for 2009 will be prorated to date of Closing. 3. Seller and Purchaser agree that Purchaser is taking the within described property "AS IS ", with any and all latent and patent defects; and that there is no warranty by Seller that the property is fit for a particular purpose. Purchaser acknowledges that it is not relying upon condition, but any representation, statement or other assert ion with respect to the e property ith the express is relying upon its examination of the property. Purchaser property understanding that there are no express or implied warranties (except for limited warranties of title set forth in the Closing documents); and the provisions of this paragraph shall survive the Closing. 4. This contract is CONTINGENT upon Purchaser obtaining zoning of the property for its intended purposes. 5. All closing costs incurred in this transaction will be paid by Purchaser; tax proration not being considered a "closing cost ". 6. Seller and Purchaser each acknowledge that they have been advised they may obtain separate counsel to advise them concerning this contract and its subsequent consummation. They further acknowledge that A, W. Clem may not only be representing them in this transaction, but also the Title Company as examining attorney and a lending institution if a loan is to be perfected. Seller and Purchaser agree that they find no conflict in this multiple representation; that there is no conflict between them at this time; and acknowledge they have been fully advised of their rights by A. W. Clem. Each agrees that A. W. Clem may, with their full knowledge and consent, represent them in this transaction; and that should any conflict subsequently occur between the parties or other interests which he may represent, A. W. Clem shall immediately withdraw as attorney for all parties, and they shall each employ other counsel. -2- EXECUTED in multiple counterparts the respective dates set forth below; the provisions of this contract to extend beyond Closing as may be necessary for protection of the parties' respective rights hereunder. SELLER: Date of Execution: PREPARED IN THE LAW OFFICE OF: A. W. CLEM, Attorney c/o The Moore Law Firm, L.L.P. 100 North Main Street Paris, Texas 75460 -4222 Telephone: 903 /784 -4393 Telefax: 903/784 -8092 -3- PURCHASER: SEED SOWERS CHRISTIANS IN ACTION, A Texas Non - Profit Corporation BY: DONALD R. WALKER President, Duly Authorized Date of Execution: � 3,07. 6. AHIbl I to within the Corporate Limits of the City Being all lhal certain trail or parcel of land silualcd TTAN SURVEY, of Paris, County of Lamar, and State of Texas, a part of the LAR}UN c. Abstract No. 778, an84being thDctd c mncids ofand r County ar d l- EllliOrt Inc. by deed recorded in Volume 540, Page undary Lint of South Church Street at BEGINNING at a stake for comer in the West Bo Northeast comer of said tract of land, said point being South a distance of 189 fl- from the South Boundary Line of Evergreen Street; THENCE South along the West Boundary Line of South Church Street a distance of 474 fi. to a stake for comer at the Southeast corner of said Hill - Elliott tract of land; THENCE North 88 deg. 30 min. West a distance of 345 ft. to a stake for corner at the Southwest comer of said tract of land; ft. to a stake for corner at the Northwest comer of said THENCE North a distance of 474 tract of land; THENCE South 88 deg. 30 min. East a distance of 345 h. to the place of beginning and containing 3.754 acres of land. SAVE AND EXCEPT THE FOLLOWING TRACT OF LAND: Field Notes Situated within the corporate limits of the City of Paris, Lamar County, Texas, a part of the Larkin Rattan Survey, Abstract 078, and being a part of a tract of land conveyed to Calvin Dirks and wife, Mary Ann Dirks by deed recorded in Volume 1051, Page 258, of the Lamar County Rya! Property Records and being further described as follows: Beginning at an iron pin found for the Northeast comer of said Dirks tract and at the Southeast corner of a tract of land conveyed to Barney Bray 13I by deed recorded in Volume 211, Page 20, of the Lamar County Real Property Records; Thence South along the East line of Dirks tract and along the West Boundary Line of South Church Street a distance of 166.43 feet to an iron pin set for corner; Thence North 89° 12' 3 1'• West a distance of 345.12 feet to an iron pin set for corner in the East line of a tract of land belonging to Bessie Lee Haynes et al., and described in a deed to J.C. Dunagan recorded in Volume 160, Page 454, of the Lamar County Decd Records; Thence North along the West line of Dirks tract and along the East line of said Haynes tract a distance of 166.43 feet to an iron pin found for corner; Thence South 89`12 ' 3 1" East a distance of 345.12 feet to the place of beginning and containing 1.319 acres of land. NOTE: The line called South in Volume 1051, Page 258, of the Lamar County Real Property Records and used as basis of bearing. 1, R. Brandon Chaney, Registered Professional Land Surveyor No. 4057, State of Texas, certify that the above Plat and Field Notes depict and represent an actual Survey made on the ground under my supervision an¢Zfinishe © �_ /= 203 R. Brandon Chaney R.��. No. 40 A, vEO a s R. l3AANU0N CHANfy :.Q ......... . 4057 ssto`: P, July 1, 2009 hereby give permission to to change the zoning at (address) i9,,-)0 S clock Sf- , Lot , Block Signature: 6c"e «� Printed fume: 6,26 1) r-t W 0 a 0 a � o h r W LL W W W Y J 1 rIv;, 1 ■N J W M-490 -i Recycling Bends for the public to put recycling into For Recycling of: DEkGR,A,I\-i FOR NEW EUILDING Bath Room --] Male Shelter ath Diaper Storage Furniture Give Away Free Service O No Charge $ Free No Charge oom hower Bicycle Repairs Kitchen Computer Local and Transile Repairs O C Clothing Give Away For Children Stay Up To Three Months 11 Free No Charge O for Christmas S Mens Free no charge Shelter Room Room Office 010 News Paper, Cardboard, Shredded Paper, Aluminum Cans, Plastic, Rags Free Of Charge L 0 Storage For : Campbell Soup, Diapers, Food, Ect. 0 O A ® I GShoes Office 3 Diaper 5 Room Office 4 Free Service Food Box 6 Room Free Service Diaper Storage Furniture Give Away Free Service O No Charge $ Dinning Area For A Hot D Meal Free To The O C Clothing Give Away Public 02 K Free No Charge O No Charge Niens ,Homer S Bath Bath Room Room Since we don't charge for any services we need to start soon using rooms: 1,2,3,4,5,6,7, 8,9,10 Rooms 11 and. 12 we will have to do over a period of time because of cost and have to have it approved when we get it finished and up to code it will not be used for that until it is approved, it will be used for storage only room 11. 12C) 0�A /2, VVI,/I f3G USF/,-) -I--c, 2fA/; 12oo-11 oN7(- UNi-' 1 6rovbA -� t//) 7o Gct((- �Y-sm� // �'�`��'' + .a Ljoin A .ate 4�I 0 fj la p Elf , . -_fir x s2i r .: 2 jrat2 �- INK 71 i v , T®: 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: Don Walker (Seed Sowers Christians in Action) is requesting that the property located on 1.094 acres situated on the west portion of Lot part of 3, City Block 170 -A, being number - 1920 South Church Street, be rezoned from a Light Industrial District (LI) to a Commercial District (C). The Comprehensive Plan recommends that this property be zoned Light Industrial. Approval of this request would require an amendment to the Comprehensive Land Use Map. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney P. 0. Box 5037 r Paris, Texas 75461 ry 903 - 784.9234 For Office Use m m y � Request nub 1 -TRUCA ION FORZONING CHANGE DateRcvd: t i�k� ( MtgDate: a TYPE OF ACTION REQUESTED: ❑ Zoning Change ❑ Specific Use Permit D Planned Development PROPERTY INFORMATION: Address: 1.2-0 So, s Rat, — 2( -7 r-2 i� 0 Name of Business or Building (if applicable): Lot Block tom / Subdivision Current Zoning: ��� �Ca �7 / Proposed Zoning: /�'� r6/1 A, ( G ^ 4 -145 /2c What is the propos d use of the property. /� B y /To =a�lf �e^�c�i7 �r c °i DI nor � Describe the character and/or nature of uses of surrounding property. {,, >`,wo �ry� ��,�'/ d-� SO �ufido�, 5 � 6 �� S0 (A (7, 4 fr,,,ci lC he, �2p— oo G�— ./ Will the re -zoned designation be compatible with the classification and use of adjoining lands? e) 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 / 6) 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 of permission letter ONLY IF the contract provides that the purchase is contingent upon the applicant successfully ob Is In Ing a zoning change.) so Applicant's Name: �01,v r V� Ll� 1 \ Jq o c\ ��—s�� Applicant's Address: S �/ L % ✓� Phone: v ✓ / V r Property Owner's Name: U It Property Owner's Address: 7 Zi io .. _ �� i v {� r c,t1 7 1#S Phone: q6•� --` 8'%� -477 5 C CCCC EECCCC CCCEC ECr6CC ECCC C.0 CCECCCCCCEaCruCCCE.CCCCCff�CCECC Err 6CCCCCrCE C CCCC CE CC C C Err CCCCCCC r Err r E CCC t' Cr REQUIRED SUBMITTALS (check those items which are included): �ompleted application signed by the owner /applicant If Planned Development requested, include also: IQ py of a deed with metes and bounds do ❑Four (4) copies of a preliminary site plan rmission letter from owner V Copy of contract to purchase the property 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 ent. Signed: (/��" d Address: Print Name: Phone Number' — Date: \ Fax Number: -- SWORN TO AND SUBSCRIBED BEFORE ME this day of� `-��� 20 N a Public, State of Texas FILED: `\ �ittf 12/06 JEANNA SCOTT Y: fs: r "r�?? `" � -- '° JI _ NOTARY PUBLIC STATE OF TEXAS '„ 1 My Corrmisslon Expires 01 -26 -2011 fill