08-Ordinance considering the petition of GBT Realty for a change in zoningCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
02/18/10
Planning & Zoning
Shawn Napier, P.E., Director of
Council Date:
Commission
Engineering, Planning and
8.
02/22/ 10
Development
RECOMMENDED MOTION:
Move to approve changing zoning for property located on Lot 1, Block A, Paris DTP II, LLC Addition
from a One-Family Dwelling District No. 2(SF-2) to a Commercial District (C) located in the 2300
Block of North Main Street.
POLICY ISSUE(S):
Zoning; Public Hearing
BACKGROUND:
GBT Reality has requested that zoning on the property located on Lot 1, Block A, Paris DTP II, LLC
Addition (located in the 2300 Block of North Main Street) from a One-Family Dwelling District No. 2
(SF-2) to a Commercial District (C). The zoning change request is for the proposed Dollar General
Store. The Planning and Zoning Commission recommended approval of this request.
One person spoke in favor of the request at P&Z's public hearing and nobody spoke in opposition.
BOARD/COMMISSION RECOMMENDATION:
Planning and Zoning recommended approval of this request by a vote of 6-0.
EXHIBITS:
Ordinance; Application for zoning change; Planning and Development memos of 1/26/10 and 2/23/10,
Location aerial; Site photos
ACTION:
BUDGET INFO:
❑ Financial Report ❑ Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ~ Ordinance
y`r'D Actual
$
~ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration 0 City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire
❑ Municipal Court Z Legal ❑ Library ❑ Police Z Eng./Public Works ❑ Utilities
City of Paris
000053 Revised 2/04/08
DRAFT
F:ALICE\ORDWORK\CURRENT\Zoning Ord-GBT Realty-2300 Blk N. Main St. 2010
ORDINANCE N0.
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 1, BLOCK A,
PARIS DTP II, LLC ADDITION, LOCATED I1V THE 2300 BLOCK OF NORTH
MAIN STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM A ONE-
FAMILY DWELLING DISTRICT NO. 2(SF-2) TO A COMMERCIAL DISTRICT
(C) DIRECTING A CHANGE ACCORDIIVGLY IN THE OFFICIAL ZOIVING MAP
OF THE CITY; PROVIDING A REPEALER CLAUSE, A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, A PENALTY CLAUSE, A1VD A1V 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 1, Block A, Paris DTP
II, LLC Addition, located in the 2300 Block of North Main Street, City of Paris, Lamar
County, Texas from a One-Family Dwelling District No. 2(SF-2) to a Commercial District
(C); and,
WHEREAS, on February 1, 2010, 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 February 22, 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 ORDAIIVED 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 IVo. 1710 of the City of Paris as heretofore amended is hereby further amended
to rezone Lot 1, Block A, Paris DTP II, LLC Addition, located in the 2300 Block of North Main
Street, City of Paris, Lamar County, Texas, from One-Family Dwelling District No. 2(SF-2) to
Commercial District (C), said property being more particularly described in Exhibit A
attached hereto and made a part hereof.
. 0 0 0 C, 8 Ji
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 ab ove- 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 22nd day of February, 2010.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
Jesse James Freelen, Mayor
" HUG i
JQHN COWAN & ASSOCIATES, INC.
Registered Pi•ofessional Land Surveyors
A W. Qsbom, RYLS, P1 S 2012 AnUion}• Drive John Cownn (1914-] 98S)
Terry D. Cowaii, RPLS, PLS Tyler, Texas 75701 I~rank CoNvan (1944-1984)
niart: c. Eilis, rtpt.s, PLS 903.581.2238 Fax 903.561.0600
Philip \Y. Comett, RPI,S
C. N. McGaughey, Jr., RPIS email: icowaninc@jcowaninc,COm
FIF,LD NOTES FOR PARIS DTP I, LLC
Reddin Russel Survey, Abstraet No. 786
City of Paris, Lamar County, Texas
All that certain lot, tract or parcel of land, being part of the Reddin Russel Survey, Abstraci No.
786, Lamar County, Texas, being the residue of a certain called 3 acre hact described in a deed
from Floyed Foley and wife, Bettie C. Foley to Robert L. Aurton and wife, Pauline M. Burton on
May 30, 1989 and recorded in Volume 93, Page 42 of the Real Property Records of Lamar
County, Texas. And being niore completely deseribed as follows, to-wit:
BEGINNING at a'/z" iron rod (found) in flie West line of the above mentioned residue 3 acre
tract, the Northeast comer of a calIed 3.02 acre tract described in a deed fiom Pauline M. Burton
to Fastenal Company on DecEmber 15, 2006 and recorded in Volume 1832, Page 200, and in the
East right-of-way tJ. S. Highway No. 271;
THENCE Nortli 02 deg. 09 min. 00 sec. East with the East right-of-way of U. S. Highway NO.
271, the VJest Ii.ne of said residue 3 acrc tract, a distance of 154.58 ft. to a'/z" iron rod (set) for
the Northeast comer of same and the Southwest comer of a called 1.034 acre tract described in a
deed fiom Aqua Clean Systems, Inc. to Joshua Paul Shurbet on January 22, 2009 and recorded
under County Clerk's File No. 0666567-2009, from which a'/~" iron rod (found) bears North 02
deg. 09 min. 00 sec. East 1.03 ft. and a'/2" iron rod (found) far the Northeast corner of said
1.034 acre tract bears North 02 deg. 09 min. 00 sec. East - 134.68 ft.;
THENCE South 89 deg. 57 min. 44 sec. East with the South line of said 1.034 acre traet and the
North line of said residue 3 acre tract, a distance of 347.1$ ft, to a'/z" iron rod (faund) for the
Southeast comer of said 1.034 acre tract and the most southerly Southwest comer of a 7.28 acre
tract described in a deed fi•am Ph.ilip A. McKinney to G. L. Callaway and wife, E, Wanell
Callaway on January 16, 1984 and xecorded in Volume 666, Page 456 of the Deed Records of
Lamw' County, Texas;
THENCE South 89 deg. 57 nun. 17 sec. East with the South line of said 7.28 acre tract and the
North line of said residue 3 acre tract, a distance of 282.81 ft. to a'/z" iron rod (set) for the
Northeast comer of same and the Northwest corner of a residue 3.061 acre tract described in a
deed from George Preston et al to Robert Burton et ux recarded in Volume 165, Page 208 of the
Real Property Records of Lamar County, Texas;
EXHIBIT A
~
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TIIENCE South 02 deg. 09 min. 00 sec. West lArith the West luie of said residue 3.061 acre tract I;
and the East line of said residue 3 acre tract, a distance of 154.10 ft. to a'/2" iron rod (set) for the i
Southeast corner of same, Southwest corner of said residue 3,061 acre tract, and the North line of
said 3.02 acre tract;
THENCE South 89 deg. 59 min. 52 sec. West with the North line of said 3.02 acre tract, a Ii
distance of 630.00 ft, to the place of beginning, containing 2.231 acres of land.
I, PHII.IP W. CORNETT, Registered Professional Land Surveyor No. 5515, do hereby certify ;
that the above field notes were prepared from an actual survey made on the ground under my
direction and supervision. ~
GIVEN UNDER MY HAND AND SEAI,, this the 12`h day of January, 2010.
. . . . ~
PHILIP W
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CITY OF PARIS
COMMUNfTY DEVELOPMEN7 DEPARTMENT
P O. Box 9037 ■ Paris, Texas 75461 a 903-784-9234
For OKce Us Onl Requast Num6er.
APPUCATION FOR ZONIPlG CHANGE DateRcvd: 1Mt9bate: al 01~
TYPE OF ACTIaN REQUES7ED: 6d Zoning Change ❑
Specifio Use Permit ❑ Planned Development
PROPERTY fNFORHIATtON:
Address2 3 OD
Name of Bus+ness or Building (if applicable):..._____,~~
-
Lot PI tAitA9 Bfock z60 Subdivision,___L i~ 0 7 Pari S_____
Current Zaning: gBS . dCn ~iR) ~Lpr~MCrL~~~ Proposed Zoning:_.__.., COmt,~efG►a 1___`
Whatistheproposeduseofthepropertyt I'0 sed
Describe the characier and/or nature of uses of surrounding property
Svrrovnd proAC_
W ill the re-zaned designallon be compatibie with the c}assification and use ot adjoin(ng lands? es No
If TJo, how do you propose to reduce any adverse (mpact7
Is the tract unsuitab{e tor uses permitted under the present zoning class3fication? es No
If No, why are you requesUng a change in the permffting uses?
QWN o ~ rRIAPP~ICANT~NuORMATION:~ef(ir tel ooNCYlFlbecontnctpov'desthafthepurcbaseiacanlinHea upon[AeappJfcants cces~lulfyoblofn7ngaronTng
change)
. ` .l
Applicant's Name: i
u~' Phone: c"~ 7G~'
Applicant's Address: ~
Properry Owner's Name: 906W4 Arl~ loac, jin[ 61, agEn6
Phone: 903' 79S" 77 37
PropertyOwneesAddress: ZyzO Lltsr~a~ A,tr~'s ' S~1Lp
■a a man urimur.r..urrr;rr~rrrN~~~rr ..r....u.......w
RE4UfREp SUBMITTALS (check fhose items which are included):
Nr'Cornpieted applicailon signed by ihe ovmer/appiicant IoU n ad CoeVes°af aene~imjnaStdet Include also:
~'Copy of a deed ~tith metes and bounds V~r (4) P P ~ s~itPlan
❑ Permisslon letter from owner
GYCopy of conlract to purchase ihe property
I have carefu{ly read the complete appllcaUon and know the same is true and correct. I hereby agree to comply with all provisions of locai,
State, and Federal Laws wili be compiled with, wheiher herefn specified or nai. I certify that I am 1he owner ot the above property or hls
duly authonzed agent.
Signed:
Prinf Name: ~jf
Date:
SWORN TO AND SUBSCRIBED BEFORE ME this
FI l_ED:
M,y -Commission Expires:
March 4, 2013
``ANN I HO~~~ i1/r.
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January 26, 2010
Plaiuling & Zoning Commission
City of Paris
Attention: Ms. Gina Scott
Dear Ms. Scott:
On January 12, 2010 my attorney, A. W. Clem, verified that I had authorized GBT Realty
of Nashville, Tennessee, who is negotiating for the purchase of my property at 2300 North Main
Street, to file for a change of zoning on my behalf. This letter is to follow up on the letter of January
12`' to confirm that I autharize GBT Realty to file an application for change of zoning to conform
with the terms of our contract.
As the City requested, I am having this letter notarized for identification purposes. Should
you have any questions, please contact him.
Very truly yours,
0
PAULINE BURTON
THE STATF, OF TEXAS )
)
COUNTY OF LAMAR )
THIS instrument was acknowledbed be
PAULINE BURTON.
u.~4°0fj.wCAROLYN BUZBEE
' NOTARY PUBLIC
STA7E OF TEXRS
My Commission Eupires 9-21-20i2
me on the..,~~day of January, 2010, by
Notary PuVllc, State of T
r 0 0 0 r ~3
REAL ~STAT~ PURCHAS~ CONTRACT
THIS REAl. EST'ATE PURCHASE CONTRACT (Ihe "Agreament") Is made and enfered lnto as nf the
dafe of full executlon of iiils Agresment (the "Eifecflve Date") by and between The Burton Estate ("Seller") and
FRAM<LiN LAND ASSOCIATES, l..L.C., a Tennessee limited lfabllity company ("Buyer"),
WITNESSETH
For and !n consic3eraflon af Ten Dollars ($90.00), tha agreemenis made hereln, and other good and
valuable consldarations, the recelpt and legai sufficiency of whicil is hereby acl<nowledged, the parties hereto
agroe as follows:
1. Pro ert . Seller ilei•eby agrees to sell and f3uyer hereby agrees to purchase, upon and subjeol fo the tetms
and conditions herein set forth, that certain tract or parcel of land cfescribed as a vacant parcel of properly
measuring approxlmately 155' x 855' identifiecl as being a part of l.ots 8& 9 BLf< 250, and commonly known as
2300 N. Ma1n SE, Parls, Lamar County, Texas (tiie "Praparty"), which is further dapicEed or► Exhibit "A"
atfacfied hereto and incorporatsd herehn.
2, Earnest MnneV. $5,000, to be deposlted wit}1 Republlc Tliie Insuranc4 Company Daflas (herelnatter "Escraw
AgenC") within five (5) buslness days after tite Effectfve pate, paid in accordance with tiie lerms and provlsions
af thls Agreement. All interest oarned on tha Earnsst Money shalt be the property of Buyer. Buyer ancl Sefler
shalE Indemnify khe Escrow Agent and haid the Escrow Agent fiarmleas irom alf damage, costs, 'ciaims and
exponses arising from per(ormanca of its dutles as Escralv Agent {ncluding reasonable altui ~ sconduct ofi tFte
far tl~ose da►r~ages, casts, cla lms an d expenses r e s u l t i n g f r o m t h e g r o s s n e gi i g e n c e o r w 1
Escrow Agent. ~
3. F'Lirchase Price, $'I60,000.
VX
4. Closlng. Ten (40) days afterfhe end of fhe inspecllon Per lo d ( i he ~~C los i n g p a t e") a~ < l~ y r~
5, pbiipaiions at Closinn. At Closing, 5eller shal{ delfver to Buyer, or Buyer's deslgnee, a special
deed conveying to E3uyer ar its designee good anQ marketab(e title In fee simple to the Property, SUb1ect onfY
to exceptions accepiable pursuanE to Paragraph 7 bolow, and al{ other dacuments requlrecl by the Title
Company for clasing, pay for Seller's attorney's fees, cosls af i-ecordfng the deed, transfor faxes, and aN
otlier cast Incurred by Seiier or requlred io Ge pald by 5eiler pursuani to Qny other provlslon af this
Buyer shcill pay ihe Purchase f'rico, as
Agresment, and surrender the f'roperty to Buyer. At Closing,
adjusted, pay for Buyer's altorney's foes, iitle, sutvoy, and any casts assoclcifed with financing the purchase oF
flie Prapot'ty, and all other cost Incurred by C3uyer or recJulred ia Ue paid by Buyer pursuarif ta -ciny other
provlslo►i of this Agreement.
6, Inspecllon Perlod. Buysr's agenis, employees and lndepondent contractors sha11 have aperlotl af ane
hundred iwenty (920) buslness days afrer lhe Fffact(ve Date (ihe "Inspection Pet9od") In t^lhlcn to conduci, at '
Buyer's sofe oKpense, such psl BuG er deems rap{~ atprlat ng,Selleinshall1prov1dei8uiyerrco{ ies,of a yeanid ail
examinatians, tests and studles a y - ~
r-naterlals pertainlng to the Property to Buyer w11hln ten (10) days after #he Effective pate. , . Eartiest If' 8uyer terrnlnatos fhls Agreemant before the end of the lnspectton
n afletdlhe'end af tho ins~pecUon f?er;iodf, $100,00, shal) be relumed to Buyer. If 8uyer terminates thts Ag ee
aI! Eamest Monsy shali be sent to Se11er, unless SelSer dafaults under tiils Agreament, In ~bhich.caso;lhe
Ea:-nesi Maney shaU be returned to Buyer. Upon the ferminatlon af tiiis Agreemenf piirsuant io 11h1s
subpai'agraph, ihe partles sliall be relieved of any further obligatlons hereuncler., ; . shall
tti If Biiyer intends io proceed witli the Closing of Its pur flls~scro 'w ~gent Inywritln~~la fac Imile iansmission oe
explration of the Inspeeklon Perlod, notify il~e Seller an I
as otherwise provi8od In tliis A BeE~m~eSt ~n~Bon~~i'flns 1~ irea proceed -wlth the C1asing oi Its purchase 'of 'ihe*
praperty, subJect to ali of t}1e o1h rn
- 0 0 ~p (~,i i
Buyer may extend the lnspeciion Parlocl for two (2) thlrty (30) buslness day perlods uPon the payment (o the
Escrow Agent on or before the date af the expiration of the original tima perlod of the Inspection Perlod, or
exlension thereof, of an amount of $1,000 por extension period required, hel8 fn oscrow por the ferms and
condit}ons descrlbed hereln and shall be appflcable to tf}e Pui'chase Price af Closing, Thls Exkenslan Money
wlll be non-refundabie Uul applfcable to the Purahese Prlce,
7. SurveV and Tiile. Buye1' shall be resportslble for obfaining an updated survey of the Properly and a iille
policy commllment, Upon recelpt of notice of any objec#lons ta iifle ar sutvey, Selier shall have ffteen (15) days
aftor recefpt af such notice la safls(y or cure such objectlons io Buyer's saflsfact(on. If Seller iaifs oi• declines to
salis(y the saine wllhin such perlocl, the BtIyer, al Buyer's opkion, may terminate the Agteement and all Earnost
Money shall be rolurned to C3uyer.
8. Cornmissions, Soller and Buyer warrant and represeni to aach other ihat Ihey iiave nat omployed or dealk
with eny otlior real estate agent or bral(er relative Eo the sale and purchase of the Property, other Ihan Unlted
Cauntry Rfvor Valiey PrQpertles and !-lenry S. Mi11er Brokerage, LLC, whoso six percent (6%) commissian shall
be split four pefcent (4°l0) lo CoUntry R}ver Vallay Properties and fwo percent (2%) fo Henry S. Mlller
Braf<erage, I.LC and paid by Seller at Closing. Each party hereby aJi'ees lo Iitdemnlfy and ha{d harmless the
other from and againsl any Ilability (including costs and raasoneble atkorneys' fees) incurred in the defense
thereof !o any other agenls or brokers wilh wllom such party may have dealt.
9, Re resentations anc! Warrantles and Covenants of Seller. Seller warranis and roprosents and covenants to
Buyer that there are no aotions, suits or proceetiings pending or threatened agatnsk, by or affecting Seller flr the
Property; Seller has the authority to convey the Property to 13uyer wifhout tlie Jolnder of any other person or
enlity; other than as d(sclosed to Buyer, ihoro are no envlronmental hazards on the Property; on the Closing
Date, Seller will not be indebted 1a any confraclor, iaborer, mechanlc, rnaterialmen, arch(tect a• engineer for
waric, labor ar servicas perfarmecl or rendered, or for materlals supplled or furnlshed, ln connection with the
Property for whlch anY porson could claim a ilen against the Property; and the Property wlll be delivared to
Buyer at Closfng free and clear froi-n any leases, conti'acfs and tenants hi passossion. Each raprasentation and
warranty decmed oF f ave Gean n ado' ag~aln at~ and astof Closingrand ahall be then t ueiancl accurate In ail matier al
raspects.
10. Damage ancl Condemnatian. 5ellar s1iall notliy Buyer prompkly upon the occurrence oi any damage,
destruetlon, ta4cing or llireat of ta!<ing Affecling the Property.
11, Dafa 1t, lf Buyer defaulls, Selier may terminate tlils Agreement by writfen natice to Buyer, whereupon the
Earnesf Money, Eind any other cleposlls, Ef any, Iiereunder shall he pald to Seller-as full and compioto Ilquldated
daiiiages for the clefaull of Buyer, In wlilch event neither pariy shali have any further rights, obligalions, or
iiabllities uncler tlils Agraement, If Se1Eer defaults, Buyer may avall itself of the remody af specific performance
or terminate this Agreement by writteii noiice to Sellei•, whereunon the Earnesi Money shall be reiundecl to
Buyer as full and compfete Uquldated damagos for such deiaull atid Seiler saiali relmburse C3uyer for all Qut-of-
packef expenses. . .
12, Asslqnmenl, Buyer may at any time assign or iransfer Its interesl In thls Agreement, wllh notica to Se11er.
Tlils Agreement shall be Uinding upoii and enforceabie agalnsf, and shall Inure io the bgneflt oi, the partles and
tlioir respective isgal representAtlves, successars atid asslgns,
13, Applicable Law. Tiiis Agreemenl shafl be governod by and construed and enfarced in Eiccorclance wi(h`lhe
laws of the state in whlch the Properly (s located, `
14. Miscel~ us. Time.shali be of esseiice in fha performanca of the terms anci condjilans of this Agreeplent,
in the event any iline perlod specified In thfs Agreement explres on a Saturday, Sundey nr bank hoiida~jo.p
whicli national banics are alosed for busfness, lhen flle tlme period sha11 be extended so as to expiro on.ths
next biIslness day ImmediLgfefYsucceeding das`h rFtitlay, bank heciognizablo s~lebarSFedehal
Agreement, buslness days shal! Ue MonY throug
"ft.. CoQ~~ f.-) J
holldays, All oapt(ons, headings, paragraph and subparagraph numbers ancl letters and olher reference
numbei's or letters are solefy for the purpose af facilltating reference to this Agreement and shall nat
suPplement, Ifm(t or athetwfse vary in any respect the text nf ihls Agreement. All referoncos Eo parilctilar
paragraphs and subparagraphs by number refer to the paragraph or subparagraph so numbered in this
Agreement, This Agreatnent supersodes all prior disousslons and agraements between Seller and Buyer wtfh
respect lo ttie purchaso and sale of the Property, Th1s Agreemonf contalns the sole and enlfre understandfng
between Seller and Suyer wlih respect ta the transactions contemplated by this Agreement, and all promise,
]nducoiiients, offers, sollcitations, agreemenls, reprosentatlans and warraniies heretofore rnade between the
parties flre merged inla this Agreement. Tlils Agresment shall not bQ mod3fled or amended in any respect
uniess by a written Agreement oxecuted by or an behalf of (he pariles ta tfiis Agreainent in the same menner
as ihls Agreernenl Is executed. 7his Agreoment may 6e executed In mulfiple counterparls, each of which shall
be desmed an originaf and all a( whlch, caliaclively, shafl Ue one and the sams lnstrument. 1n addlllan, ihis
Agrsemenl may be iransmilted belwesn the parfies via tacsfmife, and sEgnaiuros transmltted by facsimile shall
be deerned originals and shal( be bfncliny upon the uarties. 5eller agrees thai the terms of this Agroemeni shall
Us deemed confidenflai !n tzatLire and sliall not be disclosed to any tlllyd partles by Seller wlthout the prior
wrltten consent of 8uyer,
15, Attornevs' Fees, In the event of any Ilfigation arising out vf tiils Agreement, the parly prevailing in obiaining
the rellef sought, In addltlon to all olher sums that ft may be entllled to rocover, sha11 be entlt(ed to recoverfrom
the afher parly ifs reasonable atlorneys' fees and oxpoiises lncurretl as a resuit of a lilfgatlon.
96, Noqce. A11 iiotices shall be ln writing, and shal( Ue deemed to have been cluly glven at the #ime and on tile
date wiien porsonally de(Ivered, or upon beinq depaslted with a nat(onally recognized commerclal courler for
next day dalivery, to ifie addresses below., Rejection or ather refusai to accept or inabillly ta dollver bacausa oi
clianged address of whlch no notice was given shall be deemed to be in recalpt of suclt communlcatlon. By
giving prior noQce to all other parties, any perly may deslgnate a different actdress for receiving notices.
8uyer: Frankf(n Land Assoclates, L.L.C. Seifer: The Burton Estate
cIo GBT Ftealty Carporatlon clo Jerry Dicken
201 Summit View Driva, Sta, 110 Unftec3 Country Rivnr Valley Propertles
Brenlwood, 'I'N 37027 2420 Lamar
Aitn; George B, Tomlin Parls, TX 75460
903-7$6-7737
IN wiTNess wI-IEREar-, the pari(es iZave oxecuted and sealed this Real Esiate Purchase Contract, as
of the day and year first above wrilten, ; BUYERt
FRAtd1<LIN LAIRASSOCIP~,~'ES, U.C.
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Ifq; Authorized - A4ent
Dato: , ~ • ~ ~ k„
8E1,LER:
The 8urlon Esfale .
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Date:
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EXHIBIT A
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MEMORANDUM
TO: Ghainnail and Members of the P1amling and Zoning Coinmission
Honorable Mayor and Members of the City Council
FROM: Planning and Development Department
SUBJECT: Zoning Change Requests
DATE: January 26, 2010
The following zoning change request will be presented at the February l, 2010, meeting of
the Planning and Zoning Commission and the February 22, 2010, meeting of the City Council of
the Ci,ty of Paris for consideration:
GBT Reality is requesting that the property located on Lot Part of 9, City Block 250,
being located in the 2300 Block of North Main Street, be rezoned from a One-Family
Dwelling District No. 2(SF-2) to a Gommercial District (C). The Comprehensive
Plan recommends that this property be zoned Commercial.
cc: Kevin Carruth, City Manager
W. Kent McIlyar, City Attorney
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MEMORANDUM
TO: Members of the Board of Adjustment
FROM: Shawn Napier, Director of Engineering, Planning and Development
SUBJECT: Requests for Variance
DATE: February 23, 2010
The following requests for variances are being presented for your consideration:
GBT Realty is requesting a variance of Zoning Ordinance No. 1710, Section 10-103
which requires "one parking space for every 200 square.feet offloor area" to allow
"one parking space for everv 300 square feet of floor area, " which will be a variarzce of
15 parking spaces on Lot 9, Ciry Block 250, being located in the 2300 Block of Nor-th
Main Street.
This is the proposed site for the Dollar General Stare located in the 2300 Block of North
Main. The application submitted stated the required parking for the proposed building is
45 spaces. The actual required parking spaces for the proposed building would be 37
spaces;therefore, the variance would be for 7 spaces (see enclosed letter of confirmation).
The main reason for granting a variance of this nature is a lack of space, which is not the
case in this situation. This site has an additional 1.6 acres of undeveloped space to add the
seven required spaces. I, therefore, recommend denial of the petition.
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