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02-E&F FM 1508 Zoning DRAFT F:ALICE\ORDWORK\CURRENT\ 4-11-05 Zoning Ords March 29, 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 CHANG IN G THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING A NEIGHBORHOOD SERVICE DISTRICT (NS) ON A ONE (1) ACRE TRACT OF LAND WHICH IS APART OF THE JOHN SKIDMORE SURVEY, ON PROPERTY BELONGING TO CODY WOODARD, SO AS TO INCLUDE THEREIN TERRITORY FORMERL Y DESIGNATED AS AN AGRICUL TURAL DISTRICT (A); 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 of the 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) be, and the same is hereby, established on A ONE (1) ACRE TRACT OF LAND WHICH IS A PART OF THE JOHN SKIDMORE SURVEY, on property belonging to CODY WOODARD, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) the hereinafter described property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the boundaries of said NEIGHBORHOOD SERVICE DISTRICT (NS) 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 1.000 acres of land, also being a part of the John Skidmore Survey Abstract Number 889, also being part of a called 32.928 acre tract of land, conveyed from Robert D. Parker, Jr. and wife, Carol Parker to Alan Parks, on June 21, 2002, recorded in Vol. 1209, Page 51 of the Real Property Records of said County. The said 1.000 acre tract of land being described more particularly in metes and bounds as follows: BEGINNING at the Northeast comer of the said 1.000 acre tract of land, said comer being in the South right-of-way line ofF. M. Highway 1508, said comer also being the Northeast comer of the said 32.928 acre tract of land, said comer is referenced by a found iron rod, S 00°05' 14" E, a distance of .47 feet; said comer also being the Northwest comer of a called 19.77 acre tract of land conveyed from Equitable Trust Company to Chris Lewis and wife, Taunyia Lewis, on February 9, 1995, recorded in Vol. 505, Page 52 of the Real Property Records of said County; THENCE S 00°05'14" E, with the East boundary line of the said 1.000 acre tract of land and the West boundary line of the said 19.77 acre tract of land, a distance of208.85 feet to a set iron rod at the Southeast comer of the said 1.000 acre tract of land; THENCE S 89°07'28" W, a distance of 208.73 feet to a set iron rod at the Southeast comer of the said 1.000 acre tract of land; THENCE N 00°05'14" W, with the West boundary line of the said 1.000 acre tract of land, a distance of207.99 feet to a set iron rod at the Northwest comer of the said 1.000 acre tract of land, said comer being in the North boundary line of the said 32.928 acre tract of land, said comer also being in said right-of-way line; THENCE with the said right-of-way line and the North boundary line of the said 1.000 acre tract of land, with a curve to the right, a distance of 95.76 feet to a found iron rod. The radius of the curve is 5669.58 feet and the central angle is 00°58'04". The chord length is 95.76 feet at a bearing ofN 88°36'33" E; THENCE N 89°07'28" E, continuing with the said right-of-way line and the North boundary line of the said 1.000 acre tract of land, a distance of 112.99 feet to the point of beginning, containing 1.000 acre of land, being located on F.M. 1508. i 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. 1 71 0 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, 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 May 1, 2005. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 11 th day of April, 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 § § BEFORE ME, the undersigned authority, on this day personally appeared Cody Woodard, who upon oath deposes and says: "I am Cody Woodard and my address is Rt. 9. Box 373-B. Paris. Texas 75462, and my phone number is 903-982-6078, and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: A one (1) acre tract of land which is a part of the John Skidmore Survey, Abstract No. 889, located on F.M. 1508, Paris, and described on Exhibit A, attached hereto. "My interest in the above described property is owner and I do request a change in zoning from Agricultural (ð} to Nei hborhood Service 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? . YES 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? YES fil4l~ Signature J\pplicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said Cody Woodard this 15th day of March, 2005. llJ)~ No ry Public, State of Texas .~ . Ii' ~. !riJhout.Jhe benefit of a title examinat.iJll1." "NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE" A NATURAL PERSON, Y U . MAY REMOVE O~ ~TRIKE.ANX OF THE FOLLOWING INFORMAT~ON FROM THIS . INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY" NUMBER OR YOUR DRIVER'S LICENSE NUMBER" ************************** GIFT DEED COUNTY OF LAMAR § § KNOW ALL MEN BY THESE PRESENTS: § THE STATE OF TEXAS THAT, WE, ALAN PARKS AND WIFE, BARBARA PARKS, (hereinafter referred to " " as "Grantor"), with full intention of conveying the property hereinafter 4escribed as a gift, with no reversionary interests whatsoever in favor of Grantor, have GIVEN, GRANTED, and CONVEYED, and by these presents do GIVE, GRANT and CONVEY to CODY WOODARD AND WIFE, LORIE WOODARD, as their community property and estate hereinaft~T" referred to as "Grantee", the real property situated in Lamar County, Texas and being more fully described as follows: SEE EXHIBIT A ATTACHED HERETO; TO HAVE AND TO HOLD the above described Property, together with all and singular the rights and appurtenances thereto in anywise belonging to the Property, subject to the provisions stated above, to Grantee, Grantee's heirs, executors, administrators, s-qccessors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors . . and/or assigns to WARRANT AND FOREVER DEFEND all and singular the said Propefo/ unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns, against every person whomsoever claiming or to claim the same or any part thereof, by through or under the Grantor but not otherwise. This conveyance, however, is made and accepted subject to any and all outstanding mineral interest, restrictions, reservations, easements, covenants and conditions, if any, relating to the h~reinabove described property as the same are filed for record in the County Clerk's Office of Lamar County, Texas. . l' . * DATED the~'day of February, 2005. . . - tí~ p~ ALAN PARKS, ~~ BARBARA P ARKS § § COUNTY OF LAMAR § This ~strum~Ì1t was acknowledged before me on this th~ day of, + ~}¡ Æ t,(j~, 2005, by Alan Parks and wife, Barbara Parks. /} '. STATE OF TEXAS' -""--"-=~J.':"",- . JOYCE SPRINGER j Notary Public i State of Texas Comm. ExpIres 3-18-2005 Grantee's Address: . (After Recording Return To:)' Mr. & Mrs. Cody Woodard Rt. 9, Box 373-B Paris, Texas 75462 4 -> #' . ,. " EXHIBIT Å .-".. - FIELD NOTES Cody Woodard 1. 000 Acres City of Paris Lamar County, Texas February 2005 Being 1.000 acres of land, situated within the Corporate Limits of the City of Pfu-iS, CountY of Lamar, State of Texas, ~lso being a part of the John Skidmore Survey, Abstract Number 889, also being part of a called 32.928 acre tract of ~and, conveyed from' Robert D. Parker, Jr. and wife, Carol Parker to Alan Parks, on June 21,2002, recorded in Vol. 1209, Page 51 of the Real Property Records of said County. The said ,1.000 acre tract of land be~g described more p~cularly in met~s and bounds as follows: Beginning at the Northeast comer of the said 1.000 acre tract of land, said comer being in the South right-of.:way line ofF. M. Highway 1508, said comer .also being the Northeast Corner q,fthe, said 32.928 acre tract of land, said copler is referenced by a found iron rod, S 000 05' 14" E, a distance of.47 feet; said corner also being the Northwest corner of a called 19.77 acre tract of land Gonveyed from Equitable Trust Con;1pany to Chris Lewis and wife, Taunyia Lewis, on February 9, 1995, recorded in Vol. 505, Page 52 of the Real Property Records of said. County; Thence S 000 as' 14" E, with the East boundary line of the said 1.000 acre tract of land and the West boUÌ1dary line of the said 19.77 acre tract of land, a distance of208.85. feet to a set iron rod at the Southeast corner of the said Looo acre tract of 1. and; Thence S 890 07' 28" W, a distance of 208.73 feet to a set iron rod at the Southeast corner of the said 1.000 acre tract ofla...T1d; Thence N 00005' 14" W, with the West boundary line of the said 1.000 acre tract of land, a distance of 207.99 feet to a set iron rod at the Northwest corner of the said 1.000 acre tract of land, said corner being in the North boÜlldary line of the said 32.928 acre tr~ct of land, said comer als~ being in said right-of-way line; Thence, with the said right-of-way line and the North boundary line of the said 1.000 acre tract of land, with a curve to the right, a distance of95.76 feet to a found iron rod. The radius of the curve is 5669.58 feet and the central angle is 000 58' 04". The chord length is 95.76 feet at a bearing ofN 880 36' 33" E; , Thence N 89007' 28" E, continuing with the said right-of-way line and the North boundary line of the said 1.000 acre tract of land, a distance 'of 112.99 feet to the poin OF ì". beginning, containing 1.000 acres of land. ~~~..".........~-t, , FEB 0 7 2005 o.,...~. e.\ST~-'9 ""'0' l~~ '* ~o.... . . 1<Ë"NNETH"ÄÄÿ.'jON'ËŠ', -....,.... .'..'.......... ..........""" \ J<) 3332 ~,.: <1"'~?f:E:SS\O~~'O Q:: , 1~ "Š'ü'R~ ~~., ~ ¡, ¡,.../Z-