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02-C&D Lots 25,27,29, Blk 2 Lam DRAFT F:ALICE\ORDWORK\CURRENT\ 12-13--04 Zoning Ords December 7, 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) ON LOTS 25, 27, AND 29, BLOCK 2, LAMAR TERRACE ADDITION, ON PROPERTY BELONGING TO JOE IGLEHART, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO.2 (SF-2); DESIGNATING THE BOUNDARIES OF THE NEIGHBORHOOD SERVICE DISTRICT (NS) 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) be, and the same is hereby, established on LOTS 25, 27, AND 29, BLOCK 2, LAMAR TERRACE ADDITION, on property belonging to JOE IGLEHART, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) the hereinafter described property, which was formerly and is presently designated as a ONE-F AMIL YDWELLING DISTRICT NO. 2 (SF-2), and that the boundaries of said NEIGHBORHOOD SERVICE DISTRICT (NS) 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 Lots Twenty-five (25), Twenty-seven (27) and Twenty-nine (29) in Block No. Two (2) of the Re-Subdivision of LAMAR TERRACE ADDITION, part of the George W. Cox Survey, according to plat of such Re- Subdivision of record in the Plat Records of Lamar County, Texas, and being the same property described in deed to Liandro Flores and wife, Aida Flores, dated December 3, 1992, of record in Book 326, Page 265, Lamar County Real Property records; reference being made to all the above-mentioned instruments and records for all necessary purposes, being number 128 24th Street S.E. 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 January 1, 2005. PASSED AND ADOPTED by the City Council ofthe City of Paris, in regular session on this the 13th day of December, 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 Joe lalehart, who upon oath deposes and says: "I am Joe Iglehart and my address is JOO 24th Street SE. Paris. Texas 75460 and my phone number is J903) 785-4829 and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lots 25, 27, and 29, Block 2, Lamar Terrace Addition 128 24th Street SE "My interest in the above described property is Owner and I do request a change in zoning from One-FamilY Dwellina Dis1rict No.2 (SF-2) to a Nei hborhood Service District NS . "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 the said Joe Iglehart this 1 st day of November, 2004. FILED: ~ ~~ If r \ -OV Sherian Dixon, Assistant City Clerk No ry Public, State of Texas WARRANTY DEED (with Vendor's Lien -- To Secure Assumption) THE STATE OF TEXAS COUNTY OF LAMAR ) ) ) KNOW ALL MEN BY THESBPRESENTS: THA T WE, LIAN:pRO FLORES and wife, AIDA FLORES (herein called "grantors"), of the County of Lamar, State ofT.~Xas, for and in consideration of the sum ofTen ($10.00) arid more . . Dollars cash to us in hand paid by MARION JOE IGLEHART and wife, GENA MICHELLE IGLEHART, receipt of which is hereby acknowledged; and The 'further consi.deration of grantees' agreement to pay and assumption of the balance due, \.. . - -. owing and unpaid on a note dated April 17, 1992 in the original principal sum of $14,240.00, executed by Mary Lou Coe to FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF PARIS (now FIRST FEDERAL COMMUNITY BANK), Paris, Texas, payable as therein provided and secured by deed of trust of even date therewith, of record in Book 278, Page 202, Lamar County Real Property Records, covering the within described property; the payment of such note having been assumed by grantors in deed dated December 3, 1992, of record in Book 326, Page 265, Lamar County Real Property Records; have ÇJranted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto MARION JOE IGLEHART and wife, GENA MICHELLE IGLEHART (herein called "grantees"), of the County of Lamar, State of Texas, where their mailing address is 110 24th Street SE, Paris, Texas 75460, all those certain tracts or parcels of land in Lamar County, Texas described as follows: ..' Lots Twenty-five (25), Twenty-seven (27) and Twenty-nine (29) in Block No. Two (2) of the Re-Subdivision. of the LAMAR TERRACE ADDITION within the corporate limits of the City of -1- ., Paris, part of the GEORGE W. COX SURVEY, according to plat of such Re-Subdivision of record in the Plat Records of Lamar County, Texas, and being the same property described in deed to Liandro Flores and wife, Aida Flores, dated December 3, 1992, of record in Book 326, Page 265, Lamar .County Real Property Records; reference being made to all the above mentioned instruments and records for all necessary purposes. The conveyance evidenced by this deed is made subject to any and all easements, rights-of- way, restrictions, covenants, conditions and reservations of record applicable to the within described property or any part thereof. TO HAVE AND TO HOLD the within described premises, together with all and singular the . . rights and appurtenances thereto in anywise belonging unto MARION JOE IGLÈHART and wife, GENA MICHELLE IGLEHART, their heirs or assigns forever; and grantors hereby bind themselves, their heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the within described property and premises unto MARION JOE IGLEHART and wife, GENE MICHELLE IGLEHART, their heirs and assigns, against every person whomsoever .lawfully claiming, or to claim the same, or any part thereof. . BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as aforesaid against the within described property, premises and improvements until the above described note, and all interest thereon, are fully paid according to its face and tenor, effect and reading, when this de~d shall become absolute; but that a release of such note and indebtedness and the liens securing same by the oWner and holder thereof shall be sufficient to release the lien herein retained without the executiòn of any releas~ by grantors herein, their heirs or assigns. WITNESS our hands this 19th day of March, 1999. "¿~ ..... LIANDRO FLORES 4. d fA ~<2M. £) AIDA FLORES -2- ,. THE STATE OF TEXAS COUNTY OF LAMAR ) ) ) THIS instrument was acknowledged before me on the Æ-~day of March, 1999, by LIANDRO FLORES and wife, AIDA FLORES. 5~ø~ -~ ~~~-'¡NNÈ HIHTO -- ..~'l r~ .., .. Notaw PocUe ~ ~:~~. stot$ of T9)COS , ~ ~;ï '\~~ I~m'" Expire! 4.- ì 3-2000 f .- --_.-~- THIS INSTRUMENT WAS PREPARED SOLELY FROM INFORMATION AND ON INSTRUCTIONS GIVEN TO US BY OUR CLIENT. NO TITLE OPINION, TITLE EXAMINATION, OR OTHER INFORMATION HAS BEEN FURNISHED TO US IN CONNECTION WITH ITS PREPARATION. A. W. CLEM, ATTORNEY AFTER RECORDING RETURN TO: Mr. & Mrs. Marion Joe Iglehart 110 24th Street SE Paris, Texas 75460 -3- ..