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