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03&04 1305 Pine Bluff Zoning DRAFT F:ALICE\ORDWORK\CURRENT\10-7--04 Zoning Ords September 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 NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR ON LOT 10, CITY BLOCK 70-A, 1305 PINE BLUFF, ON PROPERTY BELONGING TO CHARLES PARK, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR 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 NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR be, and the same is hereby, established on LOT 10, CITY BLOCK 70-A, on property belonging to CHARLES PARK, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR the hereinafter described property, which was formerly and is presently designated as a TWO-F AMIL Y DWELLING DISTRICT (2F), and that the boundaries of said NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28) MORTUARY AND FUNERAL PARLOR 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 Isaiah Davis Survey on the North side of Pine Bluff Street, being the same property described in deed from Anne Marie O'Dell to Charles H. Park recorded in Volume 665, Page 1 of the Real Property Records of Lamar County, being more particularly described as follows: BEGINNING in the North Boundary Line of Pine Bluff Street at the SE corner of the Hiram T. Hicks home place; THENCE East with the North Boundary Line of Pine Bluff Street a distance of 121.75 feet, a stake at the Southwest corner of a lot formerly belonging to Carter; THENCE North with Carter's West Boundary Line a distance of 353 feet, more or less, a stake in the Hicks' South Boundary Line; THENCE West with Hick's South Boundary Line a distance of 121.75 feet to his East Boundary Line; THENCE South with Hick's East Boundary Line a distance of3 53 feet, more or less, to the place of beginning, being numbered 1305 Pine Bluff. 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 November 1, 2004. PASSED AND ADOPTED by the City Council ofthe City of Paris, in regular session on this the 7th day of October, 2004. Curtis Fendley, Mayor ATTEST: Sherian Dixon, Assistant 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 Charles Park, who upon oath deposes and says: "I am Charles Park and our address is 15 - 33rd Street N.W. and our phone number is (903) 517-5008 and we have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 10, City Block 70-A 1305 Pine Bluff "Our interest in the above described property is OWNER and we do request a change in zoning from Two Familv DwellinQ District (2F) to NeiQhborhood Service (NS) with Specific Use Permit (28) Mortuary of Funeral Parlor. "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 SUBMITTED? SWORN TO AND SUBSCRIBED BEFORE ME, by September, 2004. Jd said Charles Park this 7th day of FILED: Public, State of Texas e LISA WRIGHT . NOTARY PUBLIC STATE OF TEXAS My Commission Expires 9-20-200 Mattie Cunningham, City Clerk / .' -.----..-- .,.. ...,.--,-----...,---.. - -'_0'" .. --,-----.. 0 .._,.-'" , - .. ' " ' '.., ' -<'-'f;37'" WARRANTY DEED WITH VENDOR'S LIEN (\'endor'I,~en ~eservtd and Assiined 10 Third Plr~y Lender) THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR i ¡ , \ , 1 THAT THE UNDERSIGNED, ANNE MARIE O'DELL, a sing1e person, hereinafter called "Grantor", whether one or more, for and in consideration of the sum ofTEN DOLLARS (S10.00) and other ,valuable consideration to the undersigned in hand paid by the Grantee herein ,named, the receipt orwhich is hereby acknowledged, and the further consideration of the execution 8i1d delivery by the Grantee of that one certain promissory note of even date herev.ith in the principal sum of 520,000.00, payable to the order of FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF PARIS, Paris, Texas, as therein specified, providing for acceleration of malurity 8i1d for attorney's fees, the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to RICHARD M. AMIS, TRUSTEE, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT. SELL AND CONVEY unto CHARLES H. PARK and wife, THERESA PARK herein referred to as the "Grantee", whether one or more, the real property situated in Lamar County, Texas 8i1d being described to-wit: Being a part oUbe lsaiab Davis Survcy, witbin the corporate limits oUbe élty of Paris, 011 tbe Nortb side of Pine Bluff Street, described by metes In,d bounds as follows: ' ' , BEGINNING in tbe Nortb Boundary LIne of Pine Bluff Street at tbeSE corner of the Hiram T, Hicks bome place: ' , THENCE EAST witb the North Boundary LIne of Pine Bluff Street 121.75 feet,8 stake at tbe SW corner of a lot formerly belonging to Carter; , THENCE NORTH with Carter's West Boundary LIne 353 feet, more or less, a stake in tbe Hicks'Soutb ßo>undary LIne: ' ' , THENCE WEST with Hicks' Soutb Boundary Line 121,75 feet to bis East Boundary Llnc; THENCE SOUTH with Hicks' East Boundary Line 353 feet, more"or less, to the place of beginning,' . ; . , , 'This conveyance. however, is made 8i1d accepted subject to 8i1Y 8i1d all outst8i1ding mineral interest. restrictions, reservations, easements, covenants 8i1d conditions, if 8i1Y, relating to the hereinabove described property as the same are filed for record in the Coun,W'Clerk's Office of Lam:lr County, Texas. ' ' ' . TO HAVE AND TO HOLD the above described premises, together \\ith all 8i1d singular the ,rights' and appurtenances thereto in anywise belonging. unto the said Grantee. Grantee's heirs, executors, administrators, successors and/or assigns forever; and Grantor does'hereby bind Grantor, 'Grantor's heirs: executors. administrators. successors andlor assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unlo the said Grantee. Grantee's heirs, , executors. adminislrators, successors and/or assigns, against every person whomsoever claiming or 10 claim the same or any part thereof. ' But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above , described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, ,effect and reading thereof. when this Deed shall become absolute. " THAT. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF PARIS, Paris, Texas ë'Lender"), at the instance 8i1d request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the herein described property as is ", evidenced by the hereinabove deScribed Note, the Vendor's Lien, together with the Superior TItle to said property, is retained herein for the benefit of said Lender 8i1d the same are hereby'. TRANSFERRED AND ASSIGNED to said Lender, its successors 8i1d assigns. ,," , ~, \ " ',' ;; , ',- , .. ' \° , ,!~'~ '-;--;'""("\!r\!:r,~L i ~.t1~ ":\r':~ t '~i:,:' .i" , R? 665 r~GEO l' ~", <, .",', ,', ,,", ' , , ::-:::~'--"""""",' "">-"""',""'" ,..-"",-,..,~:l;-"'.' , ,"\WÇ'ð¡Y"" CER,:r.:.:;¡rOBEA' ' , ,lW~~,\\ TRUE. AND CORR~CT COpy ~ KATHYMÃRWNE, ,,"'- rtfJ:.ifLi.~'t!:.1Lð,MA,? COUNTY CLERK, ' , , """"""- ;" \ --- , ' , ,; , '{ ", ::/ " ! ; ') I I , , , " ',', i ! " I "I " i ,:,I ,J' ::"'" " , '. .. ':":"' "', ~ ','" .. .. . , ¡ '." " :; ¡ .' , ': ,'::, ' "',,:; .'-- " " ,', ,. '. :' ". \ , ., " } , " ,,' o'~. ' ',; ..." " '.:......::: ,,' :.-.-. ---..:. ' " ,~ , ..' ".. C' ..: ,', . '~ ;: ',} ,) , ., , " " ~ l { , :'. ',' ,¡ ':"'"',,",, '; "., " ,,',: '.. , .. r- :>::1 =:. ;pm ~C.I ("')-'1 oC'J c:::>'J :":;'] -Ire! ;<g -I;u f'I'1t:J ;)( " " I i , ¡ : I .I, I' ',: ö"", c ':""';;<""." '",:, :', ,',,' ..,', , ,'.., ' , 't , ¡ '., ~' ~ J '~ '~ 1 ,i l Î ',~ J 1 i :1 t ,:jt ,:~ Payment of tile c~t;id v~I~~ ~~~'on the P~~bavm'gbeen assumed by Grantee. I' ,EXECUTED~28~clayofJanuary, 1997. ' , '.. " -" , '~Il m~ Ðt{).RJI '" ' ANNE MARIE O'DELL , "".. ;,i'j :1 " ,j I '.., ! '. I 'I . I .. . .' i '. 'I "';:;;:"'" , ,,' ',:} ,,: " ',~ ,;~I :~" ~.n~~:dC~~I:~~:~=~~:!~;,~',::4~>~:~"~::.....~,;':"~' ',' c' :\i:.';~~W':~<~'::' , . ' ! ~j~~t:::';,;:, .., ,,", It . .~:) '~fi,~if.'..: ':';:':,", . ,~;[~;.;,<; .2 '~;-... .~:i;~,:,E:..~ , ','..32~~¡;i"'JÚ ,.~_~~~î:~ Gr~n¡e;'$.-f.ddr;:n:' " (After Recording, Return To:) , ' , ' CHARLESH.PARK~,~~." ..:' :' I "þ~ ,.v~ '~ ' , ' , ,'0< , ~slt-tl. ..' '" ""'",' .. , .'?' , " , , .- " ' THE STATE OF TEXÂS '§ § COUNTY OF LAMAR," , ,§, "'" "." "'. -ine foregoing ~~ ~ackno~ledged befo~'me on the ~iãi õiia:nu~ry, 1997, by ANNE MARIE O'DELL. , " , .' ';, , , .., My Commission Expires Notaly's printed name , , .. STATE OF TEXAS , ' , ' COUNTY OF LAMAR " ",: . THIS IS TO CËRTJFY THA r1:HE ' FÖREGOINQ IS A TRUE AND CORRECT COpy OF THE DOCUMENT ON FILE IN ' MY OFFICE,WITNESS, MYHA AND,' OFFICIA THld~ 5" ,20 . CLERK ", n=" g1::'¡ :~:I:w ::!-< :p¿; ~ 'TO ,2r (,.) """M'¡;' 0 / I' I I 0 1'1 ..., C -t 00(- .a -. C- ~ "- " ':' ... ',.'" "',~',')Rj~~~O:~> '. ' ," :.;",,:," , " :-.,