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05&06 Lt 5 Blk 112-B Zoning DRAFT H:JANICE\ORDWORK\CURRENT\ 8-5--04 Zoning Ords July 29, 2004 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A MULTIPLE FAMILY DWELLING DISTRICT (MF-l) ON LOT 5, CITY BLOCK 112-B, 521 12TH STREET S.E. AS REQUESTED BY RICHARD HARDISON, AGENT FOR OWNERNARASIMHA R. BHOGA VALLI, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO FAMILY DWELLING DISTRICT (2-F); DESIGNATING THE BOUNDARIES OF THE MULTIPLE FAMILY DWELLING DISTRICT (MF- 1) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a request for an amendment to the zoning ordinance of the City of Paris; and, WHEREAS, the City Council has subsequently referred said request for amendment to the Planning and Zoning Commission for its review and recommendation in accordance with the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council of the City of Paris did subsequently conduct a public hearing on the aforesaid proposed amendment to the City zoning ordinance, and having considered the recommendations ofthe 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 plan ofthe City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit 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, 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 boundaries heretofore established by the Zoning Map and Ordinance No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a Multiple Family Dwelling District (MF -1) be, and the same is hereby, established on Lot 5, City Block 112- B, as requested by Richard Hardison, agent for owner, N arasimha R. Bhogavalli, so as to include in such Multiple Family Dwelling District (MF -1) the hereinafter described property, which was formerly and is presently designated as a Two Family Dwelling District (2-F), and that the boundaries of said Multiple Family Dwelling District (MF-1) be, and the same are hereby, established as follows: SITUATED within the corporate limits ofthe City of Paris, County of Lamar, and State of Texas, being a part of the Larkin Rattan Headright Survey, being Lot 5 in City Block 112-B, more particularly described as follows, to-wit: BEGINNING at a stake in East Boundry line of South 30th St., formerly known as Webb Street, the same being the NW corner of a lot formerly owned by TU Johnson; THENCE North along said 30th Street, or Webb Street a distance of 80 feet to a stake the SW corner ofW.H. Jennings lot; THENCE East with his South Boundary line a distance of 227 feet and 4 inches to a stake in the West Boundry line of a tract formerly owned by S.N. Dodson; THENCE South 80 feet to the NE corner of the former TU Johnson lot; THENCE West with Johnson's North Boundry line a distance of227 feet 3 inches to the place of beginning, and being the same property conveyed to W. C. McDowell by Judd W. Wright et ux by Deed bearing date September 12, 1924, and now shown of record in Volume 205, Page 512, Deed Records of Lamar County, Texas. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No. 1710 and the land use map accompanying the same, and in accordance with the provisions of this ordinance. Section 4. That any person violating any of the provisions of this ordinance shall be guilty ofaMisdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective September 1, 2004. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 5th day of August, 2004. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS COUNTY OF LAMAR § § BEFORE ME, the undersigned authority, on this day personally appeared Richard Hardison, who upon oath deposes and says: "I am Richard Hardison and my address is 203 W. Brame Street. Paris. Texas 75460 and my phone number is (903) 784-7831 and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 5, City Block 112-B 521 12th Street S.E. "My interest in the above described property is Proiect ManaQer and I do request a change in zoning from Two FamilY Dwelling (2-F) to Multiple Family DwellinQ (MF-1). "In support of said request I make the following answers to questions 1-4: 1. Will the re-zoning be in accordance with the original comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? NO 4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES 5. HAS A COpy OF THE LAND DEED BEEN SUBM SWORN TO AND SUBSCRIBED BEFORE ME, by the said Richard Hardison this 12th day of July, 2004. FILED: e LISA WRIGHT . NOTARVPUBLIG STATE OF TEXAS . .. My Commission Expires 9-2Q-200e MattieCunriingham, City Clerk To whom it may concern: Especially the City of Paris: July 19, 2004 I, Narasimha R Bhogavalli of 3260 Horseshoe Dr., Grapevine, Texas 76051, do agree to have Richard Hardison, known as Project Manager for Community Home Builders, Inc. to sign at closing for my property to be purchased from Mr. Jim Smith and to change zoning request as he see proper and necessary. And to be my payee in such manner. Mr. Richard Hardison is President of my Company -- Community Home Builders, Inc. If any questions please call me. 817.800.5726 Sign: Narasimha R Bhogavalli N~L~ J~ J~ I ;;{~ .. . f . ~ . ¡ . ! . \ I , , I' : . I I < . . , .'. ..,. . . .' . ...; '. '.' . . ., .':.......' ... ._".~,~_..:-' ~ ----- . ,',---_.. .._, ... . .- .. " ".'-' -_. --.0._-----, ! . Vo1' P. . ,'. 1482 . 176 Bk 0OO163!50 OR ..' .. '.. . ~ou~~~~g~cg;:~:':r:v';~%t:~g=;::~».~. ,..,' INSTRUMENT BEFORE IT IS nLED FOR RECORD IN THE PUBLIC RECORD~<1PR . SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. . III . 0 ~~er~ C. WARRANTY DEEQ THESTATEOFT~. ) ) COUNTY OF LAMAR .) KNOW ALL MEN BY THESE PRESENTS THAT I, ARMANDo ARECHIGA (herein called "grantor"), of the County of Lamar, State of. Texas, for and in consideration of the sum ofTen ($10.00) and more Dollars cash to me in hand þaid by JAMES 50 YARCLAY,rcceipt of which in full is hereby acknowledged; . have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto JAMES 50 YARCLA l' (herein called "grantee"), of the County of Lamar. State of Texas, where his mailing' .. .. . address isOJ'11 n", r ð-fL'1 g..J . I"}-¡",~..I':..I,J . all that certain tract or parcel of land in . , '. . . Iv ..... . Lamar County, Texas described as follows: )C. I (, 0 ~:> A part of the LARKIN RAITAN HEADRIGHT SURVEY, being Lot 5 in City Block 112-B, more particularly described 'as follow, to-wit: BEGINNING at a stake in the EB line of South 3~ St., fonnerly known as Webb Street, the: same being the NW comer ofa lot fonnerly owned by T.U, Johnson; THENCE North along said 3~ or Webb Street 80 feet to a stake the SW comer ofW.H. Jennings ~, . . . THENCE East with his SB line 227 feet and 4 ¡nchesa stake in the WB line ora tract fonnerly owned by S.N. Dodson; . THENCE South 80 feet to the NE comer of the fonner T.U. Johnson lot; THENCE Wèst with Johnson'sNB Iine22? feet 3 inches to the place of beginning, and being the same property conveyed to W.C. McDowell by Judd W. Wright et ux by Deed bearing date . September 12, 1924, and now shown of record in Volume 205, Page 512, Deed Records of Lamar County, Texas. The conveyance evidenced by this deed is made subject to any and all casements, rights- of-way, restrictions, covenants, conditions arid reservations of record applicable to the within described p'ropeny or any pan thereof. TO HA ~E AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto JAMES S. Y ARCLA Y ,his heirs , i . . ,. . .'" : .. .' . " . " . , .--- ", '. -...... . , .'-.1 i I I ¡ I i . .1 ¡ ,/ ~ :' .. " ;~ .' :', ~.: " ¡;;, ,r, L: , ' :1;£: ~\ '.". F:~ '::' ¡I', Li ¡'-- I . . " ~, t: " . , -'-.f Bk 'OOO163!50 'OR Vo1 . 1~82 P., , 177 . .' or assigns forever, and grantors hereby bind themselves, their heirs, executors, adminÎSlrators, , ; personal representatives, successors and ~igns, to Warrant and Forever Defend, all and singular . '. .. the said premises unto JAMES 50 YARCLAY. his heirs and assigns, against every perSon whomsòever lawfully claimin¡ or to claim the same, or any part thereof. . -th WITNESS my hand this L day of JUDe, 2004. .', THE STATE OF TEXAS - ) ) COUNTY OF LAMAR) .. ., ~IS instrument was acknowledged before me on the ~ day of June, 2004, by ARMANDO ARECHIGA. '. , . e.~. DIANN BRANCH ~ ".,... P.O"e ~JII(.:* STATE OF TVIAS '..~ E::t;-=;~:. .-,~')ï.2C'kl. .. Notary Public, ~~ ofTexas ~ FIlIII tor RICD!'. III Law Couah . 1111 ... 10,2OCK 81; 10l1IA AFl'ER RECORDING RETURN TO: Mr.Jam~ . O¡\fl Cc; . , YhQ..~ . , 00016JSO 15.00 R8c81,t ...... - 1005S II. &retell. 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