02-A&B Pecan Pl
DRAFT
F:ALICE\ORDWORK\CURRENT\ 3-14--05 Zoning Ords
March 9, 2005
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 ONE-FAMILY DWELLING DISTRICT NO.2 (SF-2) ON PART OF THE
WESLEY ASKINS SURVEY AND MATHIAS CLICK SURVEY, ON
PROPERTY BELONGING TO MITZI RADER, TRUSTEE, SO AS TO
INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN
AGRICUL TURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF
THE ONE-FAMILY DWELLING DISTRICT NO.2 (SF-2) 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 ONE-
FAMILY DWELLING DISTRICT NO.2 (SF-2) be, and the same is hereby, established on PART
OF THE WESLEY ASKINS SURVEY AND MATHIAS CLICK SURVEY, on property belonging
to MITZI RADER, TRUSTEE, so as to include in such ONE-F AMIL Y DWELLING DISTRICT
NO.2 (SF-2) the hereinafter described property, which was formerly and is presently designated as
an AGRICULTURAL DISTRICT (A), and that the boundaries of said ONE-FAMIL YDWELLING
DISTRICT NO.2 (SF-2) 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 Wesley Askins Survey, Abstract No.7, and
being a part of the First Tract and Second Tract conveyed to the Rader Family Trust
by deed recorded in Volume 1256, Page 250 of the Lamar County Real Property
Records and being further described as follows:
BEGINNING at a fence post found for corner in the West Boundary Line of
36th Street N.E., the existing most easterly Northeast corner of said first tract above;
THENCE South 0°54'17" West with the West Boundary Line of 36th Street
Northeast a distance of 1431.93 feet to a fence post found for corner;
THENCE South 60°24' West a distance of 58.01 feet to a fence post found
for corner;
THENCE South 89°42'58" West with the North Boundary Line of Clement
Road a distance of 661.20 feet to a fence post found for corner;
THENCE South 67"42'11" West with said North Boundary Line a distance
of 48.24 feet to a fence post found for corner;
THENCE 89°43'45" West with the South Boundary Line of said First Tract
and the North Boundary Line of a tract ofland conveyed to Richard Grossnickle by
deed recorded in Volume 1320, Page 174 of the Lamar County Real Property
Records a distance of 140.46 feet to a fence post found for corner;
THENCE North 89°31 '43" West continuing with said common line a distance
of 1145.77 feet to a fence post found for corner;
THENCE South 89°04'10" West with the South Boundary Line of said First
Tract and the North Boundary Line of a tract conveyed to Phillip Clifford by deed
recorded in Volume 411, Page III of the Lamar County Real Property Records a
distance of293.36 feet to a point for corner;
THENCE North 10°38'51" West with the West Boundary Line of said First
Tract and the East Boundary Line of said Clifford Tract a distance of 915.91 feet to
a point for corner;
THENCE North 55°18'37" East a distance of 1970.76 feet to a point for
corner;
THENCE South 59°00' East with the Northeast Boundary Line of said Rader
Second Tract and the Southwest Boundary Line of a tract conveyed to Clyde Darnell
continuing with the South Boundary Line of Lot 1, Elk Hollow Estates a distance of
1058.37 feet to the place of beginning and containing 83.366 acres ofland, being
located south ofFM 195 and West of 36th Street N.E., known as Pecan Place.
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 April 1, 2005.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 14th day of March, 2005.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, 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
§
I §
BEFORE ME, the undersigned authority, on this day personally appeared Mitzi RAder
"lam
Mitzi Rader
, who upon oath Q.eposes and says:
and my address is 3210
FM 195
and my phone numberis903- 782-9092
and
I have a proprietary interest in property located within the corporate limits of the City of Paris being
described as follows:
Part of the Wesley Askins Survey:--and Mathias Click Survey
As described on the attached Exhibit A
~J:¡ocated South ofFM 195 and Wêst of 36th Street--oNE
"My interest in the above described property is=-Agent-
and I do request a
change in zoning from
Agriculture District (A)
to
One-Family Dwelling No.2 Pistiìct (SF-2)
"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?
Yes
4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or
general welfare- or. protect a!1d preserve historical and cultural places and areas or meet a substantial
public need? .. Not Appl1.cable
5. HAS A COpy OF THE LAND DEED BEEN SUBMITTED?
SWORN TO AND SUBSCRIBED BEFORE ME, by the said
1st day of December ,2CP4 .
Mitzi Rader
ä:¡J¡ 0 cL~ -
FILED: l --~ ()qþ
Sherian Dixón, Asst. City Clerk
~~\'IIII"I.'1I. ~ JAN CE L. WORTHAM
f~ NOTARY PUBLIC
\~ STATE OF TEXAS
'P~'I// II\I\\\~ My CommissIon Expires 05-12-2005
-PLA~ e
Pecan EO) lht\.,s-
Property Description
Entire Subdivision
Being all that certain tract of land situated in the City of Paris, Lamar County,
Texas a part of the Wesley Askins Survey, Abstract No.7, and being a part of the First
Tract and Second Tract conveyed to the Rader Family Trust by deed recorded in Volume
1256, Page 250 of the Lamar County Real Property Records and being further described
as follows:
Beginning at a fence post found for comer in the West line of 36th Street N.E., the
existing most easterly Northeast comer of said first tract above; -
Thence South 0°54' 17" West with the West line of 36th Street Northeast a
distance of 1431.93 feet to a fence post found for comer;
Thence South 60°24' West a distance of 58.01 feet to a fence post found for
comer;
Thence South 89°42'58" West with the North line of Clement Road a distance of
661.20 feet to a fence post found for comer;
Thence South 67°42'11" West with said North line a distance of 48.24 feet to a
fence post found for comer;
Thence North 89°43'45" West with the South line of said First Tract and the
North line of a tract of land conveyed to Richard Grossnickle by deed recorded in
Volume 1320, Page 174 of the Lamar County Real Property Records a distance of 140.46
feet to a fence post found for comer;
Thence North 89°31 '43" West continuing with said common line a distance of
1145.77 feet to a fence post found for comer;
Thence South 89°04' 10" West with the South line of said First Tract and the
North line of a tract conveyed to Phillip Clifford by deed recorded in Volume 411, Page
111 of the Lamar County Real Property Records a distance of293.36 feet to a point for
comer;
Thence North 10°38'51" West with the West line of said First Tract and the East
line of said Clifford Tract a distance of 915.91 feet to a point for comer;
Thence North 55°18'37" East a distance of 1970.76 feet to a point for comer;
Thence South 59°00' East with the Northeast line of said Raider Second tract and
the Southwest line of a tract conveyed to Clyde Darnell continuing with the South line of
Lot 1, Elk Hollow Estates a distance of 1058.37 feet to the place of beginning and
contaiT1ing 83.366 acres of land.
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WARRANTY DEED
Date:
November 8,2002
Grantor:
BUCK RADER, by and though his attorney in fact, LINDA RADER and wife, LINDA
RADER
Grantor's Mailing Address (including county):
Route 10, Box 65, Paris, Lamar County, Texas
75460
Grantee:
LINDA RADER and 1\1ITZI RADE~ Trustees of the Rader Family Trust by Trust
Agreement dated November 8, 2002
Grantee's Mailing Address (including county):
Route 10, Box 65, Paris, Lamar County, Texas
75460
Consideration:
TEN and NO/IOO DOLLARS ($10.00) and other good and valuable
consideration.
Property (including any improvements): SEE EXHIBIT "A" A IT ACHED HERETO AND
MADE A PART HEREOF FOR ALL PURPOSES, -
~. - ruST AS IF COPIED HEREIN VERBATIM . ~.:..
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made and accepted subject to any and all restrictions, covenants, conditions,
easements, rights of way and reservations of record in the hereinabove mentioned county and state, if
any, applicable to the herein conveyed property or any part thereof: including but not limited to the
following:
As may of appear of record.
TIllS DOCUMENT WAS PREPARED WITHOUT BENEFIT OF TITLE EXAMINATION.
Grantor, for the consideration and subject to the reservations ûom and exceptions to conveyance and
warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors,
WARRANTY DEn> - PAGE 1
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EXHIBIT "A"
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riP, LÅMAR~ ".t . ~ ~.) , KROW ALL r-ŒN BY THESE PRESENTS:
That W9, Buck Rader and Linda Rader, húsband apd wire1 or
the County o~'Lamar 2nd Stat9 o~ Te~as, do hereby, under, and.
'by virtDeoT the Constitution and th9 la~"lg o:f the St.at,~ 'of' T.exas,
in such casas made ond provided, èssigoata and set apart 39 Dur
homestead ths rollowing d~~crib8d 19Dò situgteà in Lamar C9u~ty,
Texas, to-wit:. . '. -'.
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Being out 'of: tha ~ '¡8~19Y Askins Sur"V9Y; and the !'latbias Click
Survey, and. described in Ù. tracts, as follows:
FIRST ~rlACT: Part of th9 Westley Askins Survs7.
BEGllINING at 9 point on the ~~ lin~ or tb~ Pin9 31ufr R~ad
at the ,qw corner of a tract of land belon;ing to F. L. Brantley.
:---:'::--'J:.rll!;¡~CE with the ~B line of said road :;. Lt.3; èaíš. ~.¡. 727 feet,
s. 53~ deg. Wast 263 re6t, end S. 54 à9g. West 6h3 f9at.
'1J.ti~ßCE South 4?~ deg. East 225 feat; S.. 76~ deg. East 58 :fe9t;
N. 65t des. East llß7'feet.
~~CE'Sbuth 56~ des. East 1689 fset to a road.
~CE North with said road 795 feet to the SE corner o~ a
trsot ri~ land belonging to F. L. Brantley. .
TEENCE };:1th the. SB lin~ of" said BIaantlsy tract i'1. 59 dag.
Wast 1710 rset to t~e, place of beginning, containing 30.73 acres~
SECOND TRACT: Beginning at s po1nt on SB line of ~"¡9s1ay
Askins"Survey~.. 269 poles and 2 l.ih~s H. of: the SE corner'o:f'said
\i. Askins Survey, the' s~me also bsing the SE corner of a tract o£
10.5.9 acres of land conveyed by J4O .A,. DeRbong aDd wi.fe to T. H r
Booth,: by'd&ed dated April 19, 1902~.recoràed in Book 104, Page
403, Lamar' County Dead Rec~rds. . . ~..i..
THE..~CE H. 954 var~s more or less to: a point in SB 1 ins' of'
~3 id tract, a~so B point O_D E.. aide of'. Bingham branch.: . . -
THENCE in a NortherlY: direction 't~ith said branch -:373 ~..rs. :-Jor9
or less to a point on ~. S~d9 or Bingham BrsTIch, which p~i~~ i9 12
varas, mars or less, South or an ell cornar of" said 105.9 a-cr'3- .
tract and the SW corn~r of- a 16 Acr~ tract owned òy Tom Saylcrrs.
Th~NCE w. crossin~ Bin~h8~ Branch 200 vr3. more or 1983 to
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a stak~ on Pine Bluff Road~
'1'.til:!;I'TCE along said Pin~ Bluff ~)o8d in .9 H.~. direction 170
vrs. to Binghan Branch.
~~~1CE with said br9nch to a Southw~ster17 èire~ti~n 1~5
varas, mora or less, to the SW corner oX Ð 16 acre tract owned by
To~ Saylors.
T".dENCE with Saylors' lin~ 11. 66 deg. 3. h51: 6h vrs..
TRë.,~CE s. 56 3/¿t- à9g. E. 609.5 vara s.
THENCE S. 247.9 varas -to tbe place of 'beginning, cantalning
72 acres of'land.
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SAVE and EXCEPT:LAND
PREVIOUSLY SQLD OFF.
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administrators, and successors, to warrant and forever defend all and singular the property to Grantee and
Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof, except as to the reservations from and
exceptions to conveyance and warranty.
When the context requires, singular nouns and pronouns include the plural.
EXECUTED this 8th day of November, 2002.
~ 1?~ ~d-4' f(tÞdvvP~A .
.-P ~ _J - ~ - ,,-J ~ L . - ,.. BUCK RADE~ by and though his attorney in
~~ -(\~. fact, LINDA RADER and wife, LINDA
RADER
(Acknowledgment)
STATE OF TEXAS
)
)
COUNTY OF LAMAR
)
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This instrwnent was acknowledged before me on the 8th day of November, 2002, by BUCK
RADE~ by and though his attorney in fact, LINDA RADER and wife,.LINDA. .
~.' ~'?I-.;~~_.~...~.........~
!¡ MARY CLARK
NOTARY PUBLIC
STATE OF TEXAS
My Comm. Exp. 04-11-2004
exas
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AFTER RECORDING RETURN TO:
PREPARED IN THE LAW OFFICE
OF:
THE MOORE LAW FJRM, L.L.P.
100 North Main
. Paris, Texas 75460
Mr . and Mrs. Buck Rader
Route 10, Box 65
Paris, TX 75460
WARRANTY DEED - PAGE 1