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2010-035 ORD REZONE 4040 NORTH MAIN STREETORDINANCE NO. 2010-035 A111 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMEIVDING ZONING ORDINANCE N0. 1710 OF THE CITY OF PARIS, TEXAS, AS HERETOFORE AMENDED, SO AS TO REZONE A 0.78 ACRE TRACT OF LAND BEING A PART OF THE THOMAS ASKINS SURVEY, ABSTRACT NO. 6, LOCATED AT 4040 NORTH MAIN STREET, CITY OF PARIS, LAMAR COUNTY, TEXAS, FROM AN AGRICULTURE DISTRICT (A) TO A COMMERICAL DISTRICT (C) DIRECTING A CHANGE ACCORDINGLY IN THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVIIVGS CLAUSE, A PENALTY CLAUSE; AND PROVIDIIVG 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 0.78 acre tract of land being a part of the Thomas Askins Survey, Abstract No. 6, located at 4040 North Main Street, City of Paris, Lamar County, Texas from an Agriculture District (A) to a Commercial District (C); and, WHEREAS, on September 7, 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 September 27, 2010, 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. The findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. The Official Zoning Map of the Ciry of Paris, Texas and Zoning Ordinance No. 1710 of the City of Paris as heretofore amended is hereby further amended to rezone a 0.78 acre tract of land being a part of the Thomas Askins Survey, Abstract No. 6, located at 4040 North Main Street, City of Paris, Lamar County, Texas, from an Agriculture District (A) to a Commercial District (C), said property being more particularly described in Exhibit A attached hereto and made a part hereof. Section 3. 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. 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. 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. 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. 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. 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. 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 27th day of September, 2010. 4::2 Will Biard, Mayor ATTEST: . EDQ4~n .Q ice Ellis, City Clerk APPROVED AS T RM: W. Kent McIlyar, ity Attorney 0*1. ~a~~;~ i f~ i -A _ • . ~ • . _..~:n._ ...w~.I_,.•,.. ~ ;J~_.r.~ t ' E"x ►u-kt,,t 5377 PZELD NOTES a02257 GOV" ";xz as271 e29130 #6 Situated about 4 miles North 7 Deg. East of the City of Paris, County of Lamar, and State of Texa, a part of the Thomas Askins Survey ,1b, and betng a cal2ed 0.78 a acre tract of land convcyed George Spencer by deed recorded in Vol. 565, Page 582, of the Deed Records of said County and State. Beginninq at a polnt for corner at the Northvest corner of said 0.78 acre tract, sald point being North B6 Deg. 08 Min. 53 Sec. West of an lron pipe (f) in the North 8oundary Lina of said 0.78 acre tract. Thence South 5 Deq. 40 Min. 51 Sec, West along the East Boundary Line of U.S. Hwy, 277 a disCance of 129.94 ft, to an iron pia (s) for corner at the Soukhwest corner of said 0.78 acre tract, said point being the Northaest corner of a 0.22 acre tract of land conveyed George R. DvoraJc by deed recorded in Vol. 676, Page 598, of said Records; Thence along the South Soundary Lfne of said 0.78 acre tract as follows;.South 67 Deg. 40 Min. OJ Sec. East a distance of 125.24 ft. to an iron pin (f) at the Northeast corner oF 0.22 acre tract; South 88 Deg. 25 Mln. 23 Sec. East a distance of 125.35 ft. to an iron pin (s) for corner at the Southeast corner of safd 0.78 acre tract; Thence North 24 Deg. 35 Min. 30 Sec. East along the Westerly Boundary Line oE old Hwy. 24/Lamar County Road N42000 a dtstance of 130 ft. to an lron pin (frs) for corner at the Northeast corner of said 0.78 acre tzact; Thence North 66 Deq. 08 Min. 53 Sec, West a distance of 292.39 ft, to the place of beginning and containinq 0.783 acres of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, d9025, certity that the above depicted and described tract of land was taken from an actuai survey made on the ground and completed by me on the 28th day oE August, 1996. Q ~Q~~~Q~coQo P J.M. Nelson, R.P,L.S. of Texas, {4025 date EXHIB(T A RP 1176PA60227 EXHiBIT,,.& Nrizun Sunepng Ce. J.N Ndson, RPLj o1 Trxy;. J4025 g:Q N. Moin Sl. Foris, Tzws 75J60 _ 903-785-3551 foa 303-785-3399 f) i gn 0(12 257 02-b026 SPECIAL WARRANTY DEED (Cas6) THE S'f'ATE OF TEXAS § § KNOW ALL MEIV BY THESE PRESENTS: COUNTY OF LAMAR § THAT TI-lE UNDERSIGNED, LOUISE DVORAK MCCLAIN, not joined by my spouse as this constitutes no part of our 6omestead, hereinaftcr referred to as "Grantor", whether one or morc, for and in eonsideration of the sum of TEN DOLLARS (510.00) cash, and other good and valuable consideration in hand paid by the Grantee herein named, the receipi and sufficiency of which is hereby fully acknowledged and confessed, have GRANTED, SOLD and CQNVEYED, and by thesc presents does hereby GRANT, SELL and CONVEY unto JACK D. BESTEMAN AND W1FE, PAMELA F. I3ESTEMAN, herein referred to as "Grantee", the teal property located in L,umar County, Texas, and being described as foliows: All that certain tract or parcel of land situated in Paris, Lamar County, Texas,a part uf thc Thomas Askins Survey, and being more tully described on Exhibit A attacheJ 6ereto; 'this conveyancc, however, is made and accepted subject to the Easement to Southwestem Dell Tclephonc Company dated March 1, 1973, ofrecord in Volume 545 Page 336 Deed Records of Lamar County, Texas. TO I-IAVG AND TO HOLD the above described premises, together with ali and singular the riglits and appurtcnances thereto in nnywise belonging unto the said Grantee, Grantee's heirs, cxecutors, administrators, successors nndJor assigns forever; and Grantor does hereby bind Grantor, Grantors hcirs, executors, administrators, successors and/or assigns to WARRANT AND PORGVER DEFEND all and singular the snid premisas unto the said Grantee, Grantee's heirs, e:cecutors, adminisirators, successots and/or essigns, against every person whomsoever claiming or to claim the same or any pIIrt thereof, by through or under the grantor hecein. Grantee assumes payment of the taxes for the current year• GXECUTED thc 22nd day of March, 2002. - U-) Louise Dvorak McClain ~ W~ - -Jw G ` "U O C_ N O" ~ ;Sp I A AAIf_.__l1AIlC - rtr 11 1 DrAutVco ti.; 1 y aa57 , S• Y~ STATE OF TEXAS § § COUNTY OF LAMAR § The foregoing instrument wes acknowledged before me on thc ~~ay of 4.6, 2002, by Loutse Avorak McClain. 22 ~ N. ANNE HUTfo pusLIc, STA'TE OP TEXAS /fnk ~WtMy ~}~lft~~''S PRINTED NAME OF NOTARY Comm. Fxp. 4•13-04 Granlee's Address: (AJler R ording, Relurn Ta;) . $UD , . 3 RP 1176eA0226 ~ ~n , , m ~ ~L. ~~c~ ~`M - - ~o ~~02D' ~ ° ~ t: # oe ❑ N ~ ~ifJ~ . T... ~ . , . ~ ~ ~ ~ ! ~ ~i;~ t ~ " ~ A}e^ ;s;: ~ , r:,; „ ~ ' ~ ■ i ~ ~ z ~ ~~~-~.b • CITY OF PARIS COMMUNITY DEVELOPMENT DEPARTMENT P. 0. Box 9037 a Paris, Texas 75461 ■ 903-784-9234 APPLICATION FOR ZONING CHANGE For Office Us oniy Request Number: ~ Date Rcvd: Mtg Date: ~ - TYPE OF ACTION REQUESTED: ~ Zoning Change ~ Specific Use Permit ❑ Planned Development PROPERTY INFORMATION: Address: ~0 "1 o Name of Business or Building (if applicable): Lot Block Subdivision Current Zoning: ~ Proposed Zoning: What is the proposed use of the property? peae- 4od) Describe the character andlor nature of uses of surrounding property. T"S LUmm c~ B~111 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? 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 the owner Is required. uyou are purchasing tne property, a copy ot the confrect may be usedln lleu of a permisslon letter ONLY IF the contract provides thatthe purchasels contlngent upon fhe eppllcant successlully obfalning a eoning change.) ApplicanYs Name: aTT ~ ( ~ _ C S O L ~"S ~ ~ ~ ApplicanYs Address: Prnnartvnwnar'S Name~: Phone PropertyOwner's Address: `"I «Z ~ ~ 1 lq. ~j f-Phone.-C?03 -76 5 - 0 C'Q ~ ~QUIRED SUBMITTALS (check those items which are included Completed application signed by the owner/applicant If Planned Development requested, include also: 45 Copy of a deed with metes and bounds ❑ Four (4) copies of a preliminary site plan gPermission 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 ail 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 authoriz d a nt. Signed: Address: ~~cir e~ ~ ~ pt_(o 'PraE'.z 5 Print Name: Phone Number: Date: Fax Number: 76 f ~120 • SWORN TO AND SUBSCRIBED BEFORE ME this I ~ day of , C , t . /rLJ1 EGE~~' Notary ublic, State Tex s FILED: 12/06 ~ E~~9a> 1 ~reeore*aaaeaaao+*sroa~sbeaaan*traeaee~ ;,aiPuBETHANY L. SKINNER ~ ;2°• Notary Public b ; STATE OF TEXAS ~ My Commission q Expires 06/09/2013 b a►ooaoapaaaasaasvooaaaaaos.... p aacovoa i ~f Q v't~i• ~Yti~ ~..~.n%~ ~ , C~-P`~ G~U ~~~~.t~ ~ 7 S,, l qmL P-0- fj ~ 75Y7 3 ~