03&04 Lot 10, City Blk 70-A ZonDRAFT
F:ALICE\ORDWORK\CiJRRENT\11-4--04 Zoning Ords
October 28, 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 OR 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 OR 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 ofthe City ofParis 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 of the 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 OR 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 OR FUNERAL PARLOR the hereinafter described property, which was formerly and
is presently designated as a TWO-FAMILY DWELLING DISTRICT (217), and that the boundaries
of said NEIGHBORHOOD SERVICE DISTRICT (NS) WITH SPECIFIC USE PERMIT (28)
MORTUARY OR FUNERAL PARLOR be, and the same are hereby, established as follows:
SITUATED within the corporate limits of the 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 of 353 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
of a Misdemeanor, and, upon conviction, shallbe 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 December 1, 2004.
PASSED AND ADOPTED by the City Council ofthe City of Paris, in regular session on this
the 4th day of November, 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 personaliy appeared Charles Park, who
upon oath deposes and says:
"I am Charies 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 OWNF-R and
we do request a change in zoning from Two Family Dwelling Di§trict (217) 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
n
5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? YES
Sign ture of Ap icant
SWORN TO AND SUBSCRIBED BEFORE ME, by said Charles Park this 7th day of
September, 2004. ~
/Notarv Public. State of Texas
FILED:
LisA wRiGHr
NArARY RUSLIC
STATE OF TEXA$
Commission Expires 9-
Mattie Cunningham, City Clerk
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WARRANTY DEED W1TH VENDOR'S LIEN
(VenJor's Lien Rcurved snd Auiqncd lo Third Party Lcader) . ~ THE STATE OF TEXAS §
~ § KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR $
THAT THE UNDERSIGNED, ANNE MARIE O'DELL, a single person, hereinafter
called "Grantor", whether one or more, for and in corisideration of the sum of TEN DOLLARS
~ ($10.00) and other valuable consideration to the undertsigned in hand paid by the Grantee herein
named, the receipt of which is hereby acknowledged, and the fuither consideration of the execution
. and delivery by the Grantee of that one certain promissoty note of even date henw7th in the principal
~ sum of $20,000.00, payable to the order of FIRSII` FEDERAL SAVINGS AND LOAN
ASSOCIATION OF PARIS, Paris, Texas, as therefn specified, providing for acceleration of
, • maturity and for attomey's fees, the payment of which note is secured by the vendor's lien herein
: retained, and is additionally secured by a deed of truslt of even date herewith to RICHARD M.
f AMIS, TRUSTEE, has GRANTED, SOLD AND CONVEYED, and by these presents does
: GRANT. SELL AND CONVEY unto CHARLFS H. PARK and wife, THERESA PARK herein
; refened to as the "Grantee", whether one or more, tht real property situated in Lamar County.
; Texas and being described tawit:
licing a part o[ the Isaiah Davis Survcy, within the corporate limfb of the ctty of Ppris, oq the
Nort6 side of Pine Bluff Street, described by metes and Ibounds as follows:
. BEGiNN1NG in the North Boundary Line of Pune BIuU Street at the. SE corner of the Hiram
T. Hirks 6omc plact;
THENCE EAST with the North Boundary Line of Piae Bluff Street 121.75 feet, a stake at the
~ SW corncr of a tot formerly belonging to Carter;
~ THENCE NURTH with Carter's West Boundskry Line 353 feet, more or less, s stake in the
; Hicl:s' Sout6 BounJary Line; ' .
THENCE WEST with Hicks' South Boundary;Line 121.75 feet to his East Bouadary Linc;
THENCE SOiJTH with Hicks' East Boundacy Line 353 feet, more,.or less, to the place of
bcgIuning.
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; . This conveyance, however, is made and accepQed subject to any and all outstanding mineral
' interest, restrictions, reservations, easements, covecfants and conditions, if any, relating to the
nereinabove described property as the same are filed for record in the Counp/Clerk's Office of
Lamar County, Texas.
TO HAVE AND TO HOLD the above described premises, together v%7th all and singular the
rights and appurtenarices thereto in anywise belonging, unto the said Grantee, Grantee's heirs,
' executors, administrators, successors and/or assigns f0rever, and Grantor dces hereby bind Grantor,
~ . Grantor's heics; executors, administrators, successors and/or assigns to WARRANT AND
, FOREVER DEFEND atl and singular the said pre#nises unto the said Grantee, Grantee's heirs,
_executors, administralocs, successors and/or assigns, $gainst every person whomsoever claiming or
to 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 ddscribed property, premises and improvements `
until the above described note and all interest thereon aze fully paid according to the face, tenor,
effect and reading thereof, when this Deed shall beaome absolute.
- THAT, FIRST FEDERAL SAVINCS AND LOAN ASSOCIATION OF PARIS, Paris,
Texas (s'Lender"), at the instance and request of the Grantee herein, having advanced and paid in
Cash to the Grantor herein that portion of the purchiase price of the herein described pmperty as is evidenced by the hereinabove described Note, the tJendOt's Lien, together with the Superiar'fide '
to said property, is retained herein for the benefit of said Lender and the same are hereby
. . TRANSFERRED AND ASSIGNED to said Lender, its successors and assigns. . : ~
• - Deed w~th Veador~+ L~en 1 ef 2_
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- - . . _ - . . - . ~•w KATNY MARLQW~~
~ ' •p~,~~ LAh"N:i' CCuNTY CLERK
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