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2009-045-ORD REZONE 106 EAST KAUFMAN STORDINANCE NO. 2009 -045 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 LOT 11, CITY BLOCK 180, 106 EAST KAUFMAN STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A PUBLIC LANDS AND INSTITUTION DISTRICT (PLI) TO A CENTRAL AREA DISTRICT (CA) 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 Lot 11, City Block 180, City of Paris, Lamar County, Texas from a Public Lands and Institution District (PLI) to a Central Area District (CA); and, WHEREAS, on October 5, 2009, following notice and publication as required by law, 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 October 26, 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 Lot 11 City Block 180, 106 East Kaufman Street, City of Paris, Lamar County, Texas, from Public Lands and Institution District (PLI) to a Central Area District (CA), 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 B. That the City Council voted by a supermajority vote of the entire Council to suspend the rule requiring two readings before adoption of ordinances 5 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 26th day of October, 2009. ~ esse Jame Freelen, Mayor ATTEST: nice Ellis, City Clerk APPROVED AS TO FORM: 2 - - --_ W. Kent dcll y r, ity Attorney WARRANTY 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 warranty. Further, Grantors hereby convey all personal property located on the Property to EXHIBITA- L -I 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 nounZandad no uns include the plural. AARON RAPER APRIL LOCKEY ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF LAMAR § This instrument was acknowledged before me on the day of August, 2009, by AARON RAPER. ........... 4. " '° DIANN BRANCH Notary Public —State of Texas Notary Publk r'' ° STATE OF TEXAS My Comm. Exp. 0810712013 ACKNOWLEDGMENT STATE OF CALIFORNIA § COUNTY OF This instrument was acknowledged before me on the i'f day of August, 2009, by APRIL LOCKEY. Notary Public — State of Cali o- mia FEDERICO CHUE COMM. #1609970 9 NOTARY PUBLIC • CALIFORNIA 0 SAN DIEGO COUNTY Comm. Exp. SEPT. 30, 2009 After Recording Return To: We Reit, LLC c/o Will Biard 38 1s1 NW Paris, TX 75460 LEGAL DESCRIPTION Legal description ofthe land: A part of the Larkin Rattan Survey within the corporate limits of the City of Paris, and a part of 112 Block Five (5) of the original Townshe of the CJty of Paris; described by metes and bounds as follows: BEGINNING at the intersection of the SS line n of the S8 line of Kaufman Strene of South 21st Street THENCE EAST 50 feet, a stake; THENCE SOUTH 108 feet, a stake; THENCE WEST 50 feet, a stake In the EB line of South 21st Street; THENCE NORTH 108 feet to the place of beginning, and being the same property as Tract 13 described in deed to Rock Rader Properties, Inc. dated 811193, recorded In Book 380, Page 39, Lamar County Deed Records; reference being made to all the above mentioned instruments and records for all necessary purposes. EXHIBIT A CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 r Paris, Texas 75469 u 903. 784.9234 APPLICATION FOR ZONIK�G CHANGE TYPE OF ACTION REQUESTED: (Zoning Change Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address: )o Name of Business or Building (if applicable): Lot I -d- Block —�`�— Subdivision _ Current Zoning:LT What is the proposed use of the property? For Officegse Only, Request Number Date Rcvd.� ��t tJtg Date. t �h E Proposed Zoning: Descr�ibe the character and /or nature +of uses of surrounding property c ! . a't�w— c_�4I c -Lx�� CoNamareTc,l C,4__ �f.2 Will the re -zoned designation be compatible with the Vassification 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? OWNER/APPLICANT INFORMATION: (If you are not the owner, a permission letter from fhe owner Is required. If you are purchasing the property, a copy of the contract maybe used in lieu o1 s permission letter ONLY IF the contract provides that the purchase is contingent upon the applicant successfully obtaining a zoning change.) Applicant's Name: (A)e Applicant's Address: of ►= ^s� Phone: 9oa- Prooertv Owner's Name: � e KE -1,1� Property Owner's Address: f 5 Phone: '963- 7tS'- jG 5 C CECEEE EEEEC[F,CEEEEEECCEE EC.EECCEEEt EE E6 E E :EEEE EErr EEC ErrrrFrrKrr.EEEEC FE ErECEEEEW EEEEtr, EECEE[ Fri EtE REQUIRED SUBMITTALS (check those items which included): C!Lompleted 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 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: Address: �0�.2 Losr 'fh:c�o Print Name: Coca Phone Number: 90 -'►a!5 - Date: is i Fax Number 9o3- 171%1; '75fW SWORN TO ANDS BSCRI 'ED BEFORE ME this day of 20Q9 . Notary Public, State of Texas b FILED: _ } �� -��„ i °tILL ll�I ARV 12106 F4ot.ary Public catc of Texan f C �. a ,on'ri. Exptre5 BY: �� - MEMORANDUM 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: 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 recommends that this property be zoned Public Lands and Institution. cc: Kevin Carruth, City Manager W. Kent McIlyar, City Attorney