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
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PZELD NOTES
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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.
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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
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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
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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
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Comm. Fxp. 4•13-04
Granlee's Address: (AJler R ording, Relurn Ta;)
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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
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