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11-We Reit petition for a change in zoningCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 10/19/09 Planning & Zoning Shawn Napier, P.E., Director of Council Date: Commission Engineering, Planning and 11. 10/26/09 Develo ment RECOMMENDED MOTION: Move to approve an ordinance changing zoning for property located on Lot 11, City Block 180, from Public Lands and Institution District (PLI) to Central Area District (CA) located at 106 East Kaufman. PoLICY ISSUE(s): Zoning; Public Hearing BACKGROUND: We Reit, LLC is requesting that the property located on Lot 11, City Block 180, located at 106 East Kaufman Street, be rezoned from a Public Lands and Institution District (PLI) to a Central Area District (CA). The Planning and Zoning Commission recommended approval of this request. One person spoke in favor of the request. No one spoke in opposition to this request. BOARD/COMMISSION RECOMMENDATION: The Commission recommended approval of this request by a vote of 6-0. EXHIBITS: Ordinance, memo, location aerial, and site photo ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ~ Ordinance y'T'D Actual $ ~ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Libraty ❑ Police Z Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 m - 40 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provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.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 validiry 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 ayes and _ 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 26th day of October, 2009. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney .o,.. v 51 GENERAL WAFiRANTY DEED 09-9788 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. Effective Date: August 14, 2009 Grantor: AARON RAPER, a single person AND, APRIL LOCKEY, not joined herein by her spouse as this property constitutes no part of their homestead Grantee: WE REIT, LLC, a Texas limited liability company 222 East Hickory St. Paris, TX 75460 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is hereby fully acknowledged and confessed. Property: All that certain tract, lot or parcel of land situated in Lamar County, Texas, a part of the LARKIN RATTAN SURVEY and being more particularly described on the attached Exhibit "A", incorporated herein by reference. Reservations From and Exceptions to Conveyance and Warranty: This conveyance, however, is made and accepted subject to all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, relating to the herein above described property as now reflected by the records of the County Clerk of Lamar County, Texas. Grantor, for the consideration, receipt of which is acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and hold it to Grantee, Grantee's heirs, executor, administrators, successors or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and wa rra nty. Further, Grantors hereby convey all personal property located on the Property to EXHIBIT A- 5~ Grantee and disclaim any interest therein. Payment of ad valorem taxes for the current year having been assumed by Grantee. When the context requires, singular nouns and pr nouns include the plural. RON RAPER APRIL LOCKEY STATE OF TEXAS COUNTY OF LAMAR This instrument was acknowledged AARON RAPER. DIANN BRANCH~ Notery Publit S7ATE OF TEXAS My Comm.NExP»08/.ONI203 E..... ACKNOWLEDGMENT § § § before me on the day of August, 2009, by ~ ~ Notary Public - State of Texas ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF rJ i z;: ~ This instrument was acknowledged before me on the i y' day of August, 2009, by APRIL LOCKEY. otary Public - State of Cali ornia FEDERIGO CHUE coMM. #1609970 3 NOTARY PUBIIC ~ CALIFORNIA n 2 SAN DIEGO COUNTY Comm. Exp. SEPT. 30, 2009 After Recording Retum To: We Reit, LLC c/o Will Biard 38 15'NW Paris, TX 75460 1" - - " 5 f ,a?atase: iizs}---- ' LEGAL DESCRIPTION Legal description of the land: A Pan of the Larkin Rattan Survey wfthin the corporate Ilmlts of the Ctty of Paris, and a partof 1/2 Biock Five (5) of the original Townsite of the CJty ol Paris; described by metes and bounds as follows: BEGINNING at the intersectfon of the S8 ilne n of the SB Iine ot Kaufman Strene of South 21 st S treet; , TNENCE EAST 50 feel, a stake; THENCE SOUTH 108 feet, a stake; THENCE WEST 50 feet, a stake In Ihe EB Ilne of South 21s1 Street; THENCE NORTH 108 feet to the place o( beginning, and being the same property as Tract 13 described jn deed to Rock Rader Propertles, Inc. dated 811193, recorded In Book 380, Page 39, Lamar County Deed Records; re(erence being made to all Ihe above mentlonetl instruments and records for all necessary purposes. EXHIBIT q i , CITY OF PARiS COMMUNITY DEVELOPRRENT DEPARTMENT P. O. Box 9037 f Paris, Tezas 75461 c 903-784-9234 AFF~LIC~4TIOF~ FOR ZOIi~I1~C CHAhlGE For otrce~e Onlq~ 0Request Numb~rDate Rcvd. \ Mtg Date: TYPE OF ACTION REQUESTED: XZoning Change ❑ Specific Use Permit ❑ Planned Development PROPERTY INFORN'iATIOPI: Address: 16)6 ,F Name of Business or Building (if applicable): Lot J. Block _150 Subdivision _ Current Zoning: ?LT What is the proposed use of the property? Proposed Zoning: C ~q - C,81,r. 1 Describe the character and/or nature of uses of surrounding property 12o.. /1~t1_!Si~41t C~~Ai<~y ~OMMtf~~G ` C,4 Will the re-zoned designation be compatible with the c~lassification and use of adjoining lands? Yes No If No, how do you propose to reduce any adverse impact? Is the tract unsuitable for uses permitted under the present zoning classification? es No If No, why are you requesting a change in the permitting uses? OWN ER/bPPLICANT INFORMATION: (if you are not the owner, a permission letter /rom the owner 1s required. If you are purchesing the property, a copy o/ the contrect maybe usedln lleu o!a permission IetterONLYIF the contractprovides thalthepurchesels contlnpentupon the applJcant successlully obfalning e zoMng chanee.) Applicant's Name: (A)F- CL-c 3 Applicant'sAddress: 0, 1= -T ;cko( S , Phone: 903-7Fl~~14,5 Prooertv Owner's Name: W a ve 1-11 L. C.C Property Owner's Address: 5 Phone: 903 - crcccnrcc~~FCC~~eccccccECr~cecc~FCrccccce Er~ECCrcccccrrrrrrescr.c~~ecec~cercrcr~ceECCr~crcccErscc~. REQUIRED SUBMITTALS (check those items which included C5tompleted application signed by the owner/appficant If Planned Development requested, include also: !15-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 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 specifled or not. I certify that I am the owner of the above property or his duly authorized agent. Signed: Address:.?A.)_ L't+T 4clo PrintName: Goc~ PhoneNumber. 40 Date: ~ Fax Number: 903- 1)%1; -'J5 SWORN TO AND BSCRI D BEFORE ME this ~ day of ~SJST , 2009 . ~r~ k f Notarv Public, State oi Texas FILED: j { BY: ~ ~ 56 . Vf ILL bllARD 12/06 qa-,Gry Public ,;,ate of Tezas orC.Ji;~ Yi, cXP9Pe5 U~rI~2QSCx ; MEMORANDUM TO: Chainnan 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: September 28, 2009 The following zoning change request will be presented at the October 5, 2009, meeting of the Planning and Zoning Commission and the October 26, 2009, meeting of the City Council of the City of Paris for consideration: We Reit, LLC is requesting that the property located on Lot 11, City Block 180, being number 106 East Kaufinan Street, be rezoned from a Public Lands and Institution District (PLI) to a Central Area District (CA). The Comprehensive Plan recominends that this property be zoned Public Lands and lnstitution. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney 5i MEMORANDUM TO: Chairman and Members of the Planning and Zoning Commission Honorable Mayor and Members of the City Council FROM: Planning and Development Deparhnent SUBJECT: Zoning Change Requests DATE: September 28, 2009 The following zoning change request will be presented at the October 5, 2009, meeting of the Planning and Zoning Commission and the October 26, 2009, meeting of the City Council of the City of Paris for consideration: We Reit, LLC is requesting that the property located on Lot 11, City Block 180, being number 106 East Kaufman Street, be rezoned from a Public Lands and lnstitution District (PLI) to a Central Area District (CA). The Comprehensive Plan recommends that this property be zoned Public Lands and Institution. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney - - ~ 58 5 ~ z Q ~ Q NOOOO, V) Q w ~D 0 r-i . - - 6 i;