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02-C&D 2600 Clark Lane Zoning DRAFT F:ALICE\ORDWORK\CURRENT\ 4-11-05 Zoning Ords March 31, 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 LOT 18, CITY BLOCK 249, AS REQUESTED BY CINDY PENN AS AGENT, ON PROPERTY BELONGING TO DONALD BLAIR DAIKER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-F AMIL Y 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 D ECLARIN G AN EFFECTIVE D ATE. 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 LOT 18, CITY BLOCK 249, REQUESTED BY CINDY PENN ACTING AS AGENT on property belonging to DONALD BLAIR DAIKER, 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 Y DWELLING 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 of the City of Paris, County of Lamar, and State of Texas, being a part of the George W. Cox Survey, Abstract 164, also being the same land conveyed to Louis T. Pope and wife, Bobbie M. Pope, by deed recorded in Volume 60, Page 114 of the Lamar County Real Property Records, and being more particularly described as follows: BEGINNING at a point chiseled in concrete at the Northwest comer of the said Pope tract and in the South Boundary Line of Clark Lane; THENCE East with said South Boundary Line a distance of203. 70 feet to an iron pin found at the Northeast comer of the said Pope tract; THENCE South 0 Degrees, 17 Minutes, 20 Seconds East a distance of150.06 feet to an iron pin found at the Southeast comer of said Pope tract and in the North boundary Line of Collegiate Street; THENCE South 66 Degrees, 29 Minutes, 59 Seconds West with said North Boundary Line a distance of 105.40 feet to an iron pin set at the Southwest comer of the said Pope tract; THENCE North 29 Degrees, 18 Minutes, 04 Seconds West a distance of 220.27 feet to the place of beginning and containing 0.616 acre of land, being numbered 2600 Clark Lane. 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 - 'to '. ' 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 ~, who upon oath deposes and says: "I am Cindy Penn. whose address is 2231 Clarksville Street, and whose phone number is í903) 784-~, and who has a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 18, City Block 249 2600 Clark Lane My interest in the above-described property is Agent for Owner, and I do request a change in zoning from One-Famil lliID . "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? . Y-ES 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adverse impact on neighbors? y'ES 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 ~ ~Ol'!r- ~>-~ '( Signature - f AP~ 0.. ~~ ~ SWORN TO AND SUBSCRIBED BEFORE ME, by the said Cindy Penn on this 11 th day of March, 2005. FILED: 3- u- ~ Dö5 ~,o €q)W nice Ellis, City Clerk .,- To: City of Paris Planning & Zoning City Council of Paris I , Donald Blair Daiker, and Cindy Penn are in agreement for Cindy Penn to represent me in the process of zoning my property, located at 2600 Clark Lane, Paris, Tx, to Neighborhood Service Zoning. I appreciate your consideration. :;;;ø ~. f);l Donald Blair Daiker State Of Texas County of Lamar This instrument was acknowledge before me Donald Blair Daiker on the / ð day of f'th .2005. Notary Public, State of Texas ~'f.~,",t~;""- DORIS c. STERUNG !~..,. "'l~~ NotarY Public, S!ate of Texas ~ = : : æ My Commission Expires ~ \$~;:"f\~t$ June 27,2008 { ""11"""'" J '. _.-- if" ~.~........... .'. ~I WARRANTY DEED WITH VENDOR'S LIEN Date: Executed on the date set forth in the acknowledgement herein, but to be effective the twenty ninth day of January I 1998 Grantor: Louise Trueman Pope and/or Dobbie Marshall Pope or Louise Trueman Pope and Bobbie Marshall Pope Revocable Trust ~ Grantor's Mailing Address: Grantee: Donald B. Daiker I a single person Grantee's Mailing Address: 2600 Clark Lane I'aris, TX 75460 Consideration: Tcn DoUars ($10.00) and ocher good and valuable considcration paid 10 Grantor by Granlcc and a DOte of cvcn date in the principal amount of Highty Thousand and DOll00 Dollars - ($80,000.00) made by Grantee payablc to d1c ordcr of Texas Independent Dank, A State Dank , .Lendcr8 herein, as consideration for d1c 8IIIOWIt paid to Grantor. 111c note is sccurcd by a vendor's licn retained in favor of Lendcr in this deed and by a deed of . In1St of cvcn date from Granlcc to Michael II. PaUCrson . Truslcc. Property (including any improvements): SilUatœ within dlc Corporate Umils of thc City of Paris. Lamar County, Texas, a part of &he George W. Cox Survey, Abstract 164. also being Ihc same land conveyed to Louis T. Pope and wifc, Dobbie M. Pope. by deed recorded in Volume 60, Pagc 114 of Ihc Lamar County Real Property Records, and bein, further described on IWúbit 8A8 auach!Xl hereto and madc a part hereof. TIle above described property also Includes any and all of Grantor's right, title, and/or interest In any and all system memberships and/or ownership certificates In any non-municipal water and/or sewer systems now or in the future serving said property. Reservations from and Exceptions to Conveyance and Warranty: This conveyance is given and accepted subject to any and aU rcstrlctions, reservations, covenants, conditions, rights of way,. easements, municipal or other governmental zoning laws, regulations and ordinances, if any, afCecting the herein described property. .' Grantee herein assumes the taxes for the currcnt year. Grantor, for the consideration and subject to the reservations from 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, 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 sam~ or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. The vendor's lien (to the extent of the consideration paid by Grantee to Grantor) against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this deed shall become absolute. The vendor's lien and superior tille retained in this deed are transferred to Lender, without recourse on Grantor. When the context requires. singular nouns and pronouns include the plural. When executed by a corporation the words 8heirs and' assigns8 shall be construed to mean .Successors and assigns8. . Louise Trucman Pope andlor Dobbic Marshall I'ope or Louise Trueman Pope and Dobbie Marshall Pope Revocablc Trust THB STATB OF COUNTY OF Tcxas x Lamar x This Instrument was acknowledged before me on (date) (name or names of person or persons acknowledging). (Signature of officer) (Title of officer) My Commission Expires: WARRANTY DEED WITH VENDOR'S LIEN Page 1 or 2 P&P 1/1/98 by . . L ¡ è ", .. i, . . ~ r t r:. Í: I, ~:. t I.. :(. r. .,. V F, , r: I> r. i". ~' r ! ? ~' ¡, ~. j': :: '.' I:' , , - , " : ¡ : V' i . ;. : , J. , , " . , " , .. , .. , .. ¡ :. ò . ò,.; , . , ; , . :> !, :: ,... , , ¡, . " ,., ,.... :.i . i , . ;.' ¡:, .' . , . , " '. ,r " TIm STATE OF COUNTY OF T CDS Lamar x X , . This instrument was acknowledged before me on (date) by (name of officcrltitle of oUicer) , of a (name of corporation acknowledging) corporation, on behalf of said corporation. (state of corporation) (Signature of officer) (Title of officer) My Commission Expires: " .1 AFrER RECORDING RETURN TO: 2600 Clark Lane . Paris, TX 75460 ! WARRANTY DEED wml VENDOR'S LIEN Page 2 or 2 P&P 11f/f)" .. ", EXlßßIT . A . LEGAL DESCRIPTION 2600 Clark Lane Paris, Texas 75460 FOR Situated within the Corporate Umlts of tbe City of Paris, Lamar County, Texas, a part of the George W. Cox Survey, Abstract 164, also being the same land conveyed to Louis T. Pope and wife, Bobbie M. Pope, by deed recorded In Volume 60, Page 114 or the Lamar County Real Property Records, and being furtbcr described as follows: Beginning at a point chiseled in concrcte at tbe NortJnvest corncr or the said Pope tract and In the South line of Clar:k Lane; Thence East with said South line a distance of 203.70 feet to an Iron pin round at the Northeast corner of the said Pope tract; Thence South 0 Degrees, 17 Minutes, 20 Seconds East a distance of 150.06 feet to an Iron pin round at the Southeast corner of said Pope tract and In the North line or Collcglate Street; TIlence South 66 Degrees, 29 Minutes, 59 Seconds West with said North line a distance of 105.40 feet to an iron pin set at tbe Southwcst corner of the said Pope tract; 111ence North 29 Degrees, 18 Minutes, 04 Seconds West a distance of 220.27 feet to the place of beginning, and containing 0.616 acre of land. Initials Initials Initials EXIIIDIT A-LEGAL Påge 1 of 1 ,t Initials P&P 5/15/91 ", Petition WE THE UNDERSIGNED, BEING PROPERTY OWNERS LOCATED WITIllN 200' OF THE PROPERTY DO HEREBY PROTEST THE REQUEST BY CINDY PENN FOR A CHANGE IN ZONING FROM A ONE-FAMILY DEWELLING DISTRICT NO. 2(ST-2) TO A NEIGHBORHOO SERVICE DISTRICT (NS) ON LOT 18, BLOCK 249, BEING NUMBER 2600 CLARK LANE. DATE LJ.. ~ 7. -- C) ,- ¡ --).) '--' .-.. .."...,_._-_...~ ._-- ~-. "'-"--'- . 1-3-éJ~ ..,,- .-- U) ~ ð ~ 4 ~ J-o <:i --..-.. . If/3lor- .--. .. .-- - tf- 0 3 ~ () 5 if - D J ""ð~ --.."".. "'."". . -..... .. . 'k: Lf- 0 3 -65 --..- ........-...---.... "'...." '."'-- íLj-¿1J-(J5 ...--..... ...". tI--3-oc;' t¡-.3-oS- - ~ - Ó$ 4, ~.oS 4 -3-0 $ r~ ," .! ADPRESS- . ~ ~~tJI&t,~ l~t1¡ \.¿ t: ') C '. C I c--:' l~....!~L~ ¡ " j \ : ~ ¡, ~ ~l /, ?j~ .4 'Eo .J.6U þ, .. ~.~ . ~~.. ._'"~C ~.~ ~L'- ¿)/ 'i1v . ~ St .. ~~~rJ~! jS12 ~ òt'~ ' :,))~ V !rl~ ¡ b~ ,-Sf- ~6tÆ ----.-.. . ! fCVr:ù ìy; >~ (¡ () ~~~. ! 677-~:6.--Z(-I~ . -"--""-"_0.,...." 0 "'-'--"- .... ..~_.".__.... _._--,,_.._._~.' '" :/r-;/IAV, t:td, ~ 61/0 ~&, ~ S. L. : 11~ß,~ fJ~/ /kJ- ~5 ~(p 0 I A¡ /' ~ I--~-;"s- ;¿, ñ 5 ~~.~ .. \ ¡?~I 77, 7~~fo~ \ --"-.. ,c' '., "~~>:E; ~¿ ".þ ---."....... .. "'---""-- .-.' - .-.- .. .---- ,.".---... - '..,. (;, SlJ .:2-b -ff 5 C .p~ ~ þ~D S$:LbI~ //lÆ/:5 ~ 7rybo foT/);;¡' sr ~~s C\~Þ.~ ('\~ \'f .,S~~O ';;~e<r"/~_.~ 1-.. ,. ~--.-_..o..-. ,-,,-' ,t" - To whom it may concern. I J)ðU1 r)5CJ7 J5ð 5- s. G/Ar-k L,J am against any re-zoning of the neighborhood or area of my property, this being at 2597 Clark Lane. LQíWf ~ Date: ~.. 3' - CJ ~ WE, THE UNDERSIGNED, BEING PROPERTY OWNERS LOCATED WITH 200' OF THE PROPERTY, DO HEREBY PROTEST THE REQUEST BY CINDY PENN FOR A CHANGE IN ZONING FROM A ONE-FAMILY DWELING DISTRICT NO.2 (SF-2) TO A NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 18, CITY BLOCK 249, BEING NUMBER 2600 CLARK LANE. NAME: ADDRESS: PHONE: ~ ~¡;~~~ 5'110 æ ~&. g-: 4. 5. 6. 7. 8. 9.