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93-044le* ORDINANCE N0. 93-044 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF 4.78 ACRES, MORE OR LESS, WHICH IS LESS THAN TEN PERCENT (10%) OF THE TERRITORY INCLUDED WITHIN ITS PRESENT CITY LIMITS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF PARIS, PARIS, TEXAS; APPROVING SERVICE PLAN AND PROVIDING ZONING FOR SAID TERRITORY. WHEREAS, public hearings before the City Council of the City of Paris, Paris, Texas, where all interested persons were provided with an opportunity to be heard on the proposed annexation of the following described property: BEING all that certain tract or parcel of land situated about 4 miles East of the City of Paris, County of Lamar and State of Texas, and being a part of the Enoch Crow Survey, Abstract No. 208 and also being a part of the same land conveyed to Roy L. Williamson by G. L. Skidmore by deed of record in Volume 492, Page 53 of the Deed Records of said County and State and being further described as follows: BEGINNING at an "X" in concrete ditch for corner in the North Boundary Line of the above mentioned tract of land, the Northeast corner of Lot 4_, Block F, Sunrise Estates Addition; THENCE North 891 57' East, a distance of 714.35 feet to an iron pin for corner; THENCE South 01 27' East, a distance of 363.01 feet to an iron pin for corner; THENCE South 850 40' West, a distance of 419.37 feet to a point for corner in the center of a concrete drainage ditch; THENCE North 291 56' West a distance of 102.20 feet to an "X" in concrete; , THENCE North 15° 48' West, a distance of 50.0 feet to an "X" in concrete for corner, said point being in a curve to the right having a radius of 383.10 feet; THENCE with a portion of said curve to the right having a long chord bearing South 730 10' West 13.79 feet an arc distance of 13.79 feet to a concrete monument for corner; THENCE North 351 30' West, a distance of 237.08 feet to an "X" in concrete, the beginning of a curve to the left having a radius of 190.98 feet; THENCE in a Northwesterly direction along said curve to the left a distance of 80.00 ' feet to the 'end of said curve; THENCE North 590 30' West, a distance of 29.0 feet to the place oF beginning and containing (4 land :-S) acres of . were held at Paris, Texas, on the 8th day of July, 1993, in Regular Session convened, at 6:00 o'clock P.M., in the Council Room, City Hall, Paris, Texas on the 12th day of July, 1993, in Regular Session convened, at 6:00 o'clock P.M., in the Council Room, City Hall, Paris, Texas, which dates are r.ot more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and, WHEREAS, notice of such public hearings was published in a newspaper having general circulation in the City of Paris, Texas, and in the above described territory, on the 20th and 27th days of June, 1993, which dates are not more than twenty (20) nor less than ten (10) days prior to the date of such public hearings; and, WHEREAS, the total corporate area of the City of Paris, Paris, Texas, on the first day of January, -1993, was 17,695.09 acres; and, WHEREAS, the population of the City of Paris; Paris, Texas, is in excess of 25,000 and less than 50,000 inhabi- tants; and, WHEREAS, the above described territory lies within the extraterritorial jurisdiction of the City of Paris, Paris, Texas; and, WHEREAS, the above described territory lies adjacent-to and adjoins the City of Paris, Paris, Texas; and, WHEREAS, the above described territory contains 4.78 acres, more or less, which when added to other property annexed in the year 1993 is less than ten per cent (10%) of the present acreage contained in the corporate limits of the City of Paris, Texas; and, WHEREAS, a service•plan providing for the extension of municipal services to the above described territory should be approved; and, WHEREAS, the above described property should be properly zoned as of the date of annexation; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section l. The Following described land and terri- tory lying adjacent to and adjoining the City of Paris, Paris, is hereby added and annexed to the City of Paris, Paris, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Paris, Paris, Texas, and the present boundary limits of said City, at the various points contiguous to the area hereinafter described are altered and amended so as, to include said area within the corporate limits of the City of Paris, Texas, to-wit: BEING all that certain tract or parcel of land situated about 4 miles East of the City of Paris, County of Lamar and State of Texas, and being a part of the Enoch Crow Survey, Abstract No. 208 and also being a part of the same land conveyed to Roy L. Williamson by G. L. Skidmore by deed of record in Volume 492, Page 53 of the Deed Records of said County and State and being further described as follows: BEGINNING at an "X" in concrete ditch for corner in the North Boundary Line of the above mentioned tract of land, the Northeast corner of Lot 4, B1ock F, Sunrise Estates Addition; THENCE North 89° 57' East, a distance of 714.35 feet to an iron pin for corner; THENCE South 00 27' East, a distance of 363.01 feet to an iron pin for corner; THENCE South 85° 40' West, a distance of 419.37 feet to a point for corner in the center of a concrete drainage ditch; THENCE North 290 56' West a distance of 102.20 feet to an "X" in concrete; THENCE North 15° 48' West, a distance of 50.0 feet to an "X" in concrete for corner, said point being in a curve to the right having a radius of 383.10 feet; THENCE with a portion of said curve to the right having a long chord bearing South 731 10' West 13.79 feet an arc distance of 13.79 feet to a concrete monument for corner; tR~. THENCE North 351 30' West, a distance of 237.08 feet to an "X" in concrete, the beginning of a curve to the left having a radius of 190.98 feet; THENCE in a Northwesterly direction along said curve to the left a distance of 80.00 feet to the end of said curve; THENCE North 591 30' West, a distance of 29.0 feet to the place of beginning and containing 4.78 acres of land. Section 2. The above described territory and area so annexed shall be part of the City of Paris, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Paris, Paris, Texas, and the; ~ inhabitants thereof shall be entitled to all of the rights ' and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions and regulations of the CiCy of Paris, Paris, Texas. . Section 3. The service plan providing for the extension of municipal services into the above described territory, attached hereto as Exhibit A, is hereby approved. Section 4. The above described territory is hereby zoned Planned Development Housing District (PDb) restricted to single family residence construction as follows: Minimum living area of 1100 square feet; Enclosed garage for at least one car; Fully guttered; Five foot egress-ingress easement for adjacent property maintenance on court yard side of residence; All rear and side yard fencing limited to wood and masonry; Al1 construction must receive architectural approval of developer or successor homeowner association; Zero lot line side of residence must be brick veneer or other masonry construction from foundation to soffit on single and two story construction with,no windows permitted; Minimum front yard 25 feet, minimum rear yard 10 feet, minimum lot width 40 feet, minimum lot depth 100 feet; Required 10 foot court yard on non zero lot line construction side of lot permitting bay window and fireplace encroachment of no more than 3 feet and of no more than 20% of total length of house, upon annexation as provided for in Zoning Ordinance No. 1710 of the City of Paris, Paris, Texas. Section 5. It is hereby declared to be the intention of the City Council of the City of Paris that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconsti- tutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional or invalid phrases, clauses, sentences, paragraphs or sections. It is further hereby declared to be the intention of the City Council of the City of Paris to exclude any area or areas described in the description of the property to be annexed, which are not within said City's jurisdiction to annex and that such area or areas should be carved out of the description of the property herein described by the valid judgment or decree of any court of competent jurisdiction, in order that such area or areas would not cause this annexation ordinance to be found to be invalid, voidable or void. Section 6. This ordinance shall be published and passed in the manner provided in Article II, Section 7, of the Charter of the City of Paris, Paris, Texas. Passed and adopted this 13th day of September, 1993. Ge rge Fi her, Mayor ATTEST: Mattie Cunningham, Cit Cler APPROVED AS FORM: ~ . K. ayne , City Attorney , SERVICE PLAN PROPOSED ANNEXATION OF A 4.78 ACRE TRACT OF LAND EAST OF 42ND N.E. AT SUNRISE DRIVE (SUNRISE-ESTATES PHASE II) PROPOSED SERVICE PROGRAM: 1. Immediately upon annexation, the City will furnish police protection, fire protection and solid waste collection on the same basis as is offered present land owners within the City Limits. 2. The property on this tract of land will be served by City water and sanitary sewer, Lone Star Gas and Texas Utilities Electrical services. 3. The city of Paris will maintain all water and sewer mains servicing the area. 4. This tract of land is to be developed for residential purposes. Proposed streets will be maintained by the City of Paris after one year guarantee period is over. 5. Street Lighting is the responsibility of the City of Paris and will be provided to the area on the same basis as is provided for other areas in the City Limits. Requests for street lights are submitted to the City Manager's office for investigation of need in accordance with approved policy. 6. There are no parks playgrounds or swimming pools in the area and none are proposed. EXHIBIT A.