2012-011 ORD APPROVING/ADOPTING REVISIONS TO FUTURE LAND USE PLAN MPA AS IT PERTAINS TO 2419 BONHAM ST
ORDINANCE N0. 2012-011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS
APPROVING AND ADOPTING REVISIONS TO THE FUTURE LAND USE
PLAN MAP FOR THE CITY OF PARIS AS IT PERTAINS TO LOT 3, CITY
BLOCK 203, CITY OF PARIS, LAMAR COUNTY, TEXAS, LOCATED AT 2419
BONHAM STREET PARIS, TEXAS, FROM RETAIL DISTRICT TO
MODERATE-DENSITY RESIDENTIAL USE MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 211.004 of the Local Government Code requires that all zoning
regulations must be adopted in accordance with a comprehensive plan and must be
designed to lessen congestion in the streets; secure safety from fire, panic, and other
dangers; promote health and the general welfare; provide adequate light and air; prevent
the overcrowding of land, avoid undue concentration of population; or facilitate the
adequate provision of transportation, water, sewers, schools, parks, and other public
requirements; and,
WHEREAS, on September 6, 2001, the City Council of the City of Paris enacted
Ordinance No. 2001-054 which adopted a new Comprehensive Zoning and Land Use Plan
for the City of Paris; and,
WHEREAS, on May 12, 2008, the City Council of the City of Paris enacted Ordinance
No. 2008-016 amending the Future Land Use Plan Map and Future Land Use Plan Map
Legend Explanations; and, /
WHEREAS, on April 2, 2012 the Planning and Zoning Commission held a public
hearing to review and consider a request to amend the Future Land Use Plan Map as it
pertains to the property located on Lot 3, City Block 203, City of Paris, Lamar County,
Texas, located at 2419 Bonham Street Paris, Texas, from Retail District to Moderate-
Density Residential District, and following the public hearing voted to recommend the
amendment to the Paris City Council; and,
WHEREAS, on April 23, 2012, the City Council of the City of Paris held a public
hearing to receive input from the citizens of the City of Paris regarding the proposed
amendment to the Future Land Use Plan Map.; and,
WHEREAS, following the public hearing and consideration of the proposed
amendment to the Future Land Use Plan Map for the City of Paris, the City Council
determined that this amendment would be in the best interest of the City of Paris and its
citizens, and the same should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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 Future Land Use Plan Map of the City of Paris, Texas for Lot 3,
City Block 203, City of Paris, Lamar County, Texas, also known as 2419 Bonham Street, is
hereby amended to change the future use designation from Retail District to Moderate-
Density Residential District.
Section 3. That all provisions of the ordinances of the City of Paris, Texas in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Paris not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be
guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above-enumerated sections shall constitute
and be deemed a separate offense.
Section 7. That by a supermajority vote of __Z_ ayes and 0 nays, the City
Council voted to suspend the rule requiring two readings before adoption of this ordinance.
Section 8. That this ordinance shall become effective from and after its passage
of the first reading and publication as required by law.
PASSED AND ADOPTED on the first and final readin this 23r d of April, 2012.
A.J. a h M.D., or
.
ATTESTED:
,
gifece Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent c ar, City Attorney
M"EA-10RANDUM
TO: Chainnan and Members of the Plaruiing and Zoning Comrnission
Honorable Mayor and Members of the City Counci]
FROM: Jeanna Scott, Planning and Development Department
5UB.TECT: Revisions to the Future Land Use Plan Map
DATE: March 28, 2012
The following proposed revision to the Future Land Use Plan Map will be presented at the
April 2, 2012, meeting of the Planning and Zoning Commission and the Apri123, 2012, meeting of
the City Council of the City of Paris for consideration:
That the future land use recommended for the property located on Lot 3, City Block 203,
being number 2419 Bonham Street, be changed from Retail to Moderate-Density
Residential. Following this request on the agenda will be a public hearing to consider the
zoning change which prompted the necessity for this item. If the Commission
recommends that the Future Land Use Plan Map not be revised to Moderate-Density
Residential, then the accompanying zoning request should be denied.
cc: Gene Anderson, lnterim City Manager
P186806-2809 Pages: 4 Wp
02/12/2009 10:26:16 AM 8y: grotohonb
Lanar Ceunty, TX
~.II~I~IYI~1 ` ~u,t C~11E~_.
NOTICE OF CONFIDENTIALTTY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY HEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVER'S
LICENSE NUMBER.
After Recording, Return To:
Samue! R Schwab & Alv'ra P. Atwood
2419 Bonham
Paris, Texas 75460
WARRANTY DEED WITH VENDOR'S LIEN (GRANTOR IS LENDER)
The State of Texas S
8 Know Ali Men by These Presents:
County of Lamar S
THAT I, RAGGON L. MAYER, acting herein by and through my Attorney-in-Fact, BILL E.
KIRBY, duly appointed, (hereinafter called Grantor, whether one or more), of the County of Dallas,
State of Texas, for and in consideration of the sum of TEN AND N011 00 DOLLARS ($10.00) and
other good and valuable consideration to the undersigned paid by the Grantees herein named, the
receipt of which is hereby acknowledged, and the further consideration of the execution and delivery
by the said Grantees of one certain Promissory Note of even date herewith for the principal sum of
THIRTY THOUSAND AND N0/1 a0 DOLlARS ($30,000.00), payable to the order of Grantor, such
note containing the usual and customary default, acceleration of maturity and attorney's fee clauses,
the payment of which Note is secured by the vendor's lien herein retained, and is additionally secured
by a Deed of Trust of even date herewith fo Bill E. Kirby, Trustee; have Granted, Sold and Conveyed,
and by these presents do Grant, Sell and Convey unto SAMUEL R. SCHWAB and ALVIN P.
ATWOOD, (called Grantees herein, whether one or more), whose mailing address is 2419 Bonham
Street, Paris, Texas 75460, of the County of Lamar, and State of Texas, all of the following
described real property in Lamar, County, Texas, to-wit:
All that certain lot, tract or parcel of land, lying and being situated within the
Corporate Limits of the City of Paris, Lamar County, Texas, a part of the Asa
Jarmin Survey, and being LOT THREE (3) of the GIBBONS-BRADEN ADDITION
to the City of Paris, as shown by Plat of said Addition of record in the Plat Records
of Lamar County, Texas.
This conveyanoe is made and accepted subject to all restrictions, reservations, covenants,
conditions, rights-of-way and easements of record, if any, in Lamar County, Texas, affecting the
above-described property; and further subject to the reservations and exceptions hereinafter made
and with the restrictions and upon the covenants stated in Exhibit "A" attached hereto and made a
part hereaf for all necessary purposes.
TO HAVE AND TO HOLD the above-described premises, toge#her with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantees, Grantees' he+rs and
066906-2009 02/12/200910:25:16 AM Page 2 of 4
assigns forever; and Grantor does hereby bind Grantor's heirs, executors and administrators,
successors and assigns to WARRANT AND FOREVER DEFEND, ail and singular the said premises
unto the said Grantees, Grantees' heirs and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
But it is expressly agreed that the Vendor's Lien, as well as the Superior Title in and to the
above-described premises, is retained against the above-described property, premises and
improvements, until the above-described Note and all interest thereon are fully paid according to the
face, tenor, effect and reading thereof, when this Deed shall become absolute.
As taxes for the current year have been prorated, the payment of said taxes is hereby
assumed by Grantees.
EXECUTED this 14th day of February, 2009.
RAGGON L. MAYER
~
AGREED TO:
Byi:hG~
Sill E. KirSy, Attorney-in-Fact
~
Sam R. S wa
6
A P. d
THE STATE OF TEXAS S
S
COUNTY OF LAMAR S
This instrument was acknowledged before me on the JC) day of February, 2009, by BILL
E. KIRBY, as Attorney-in-Fact, on behalf of RAGGON L. YER
. KUM A. MooRE Nchary Publi tate of exa
Noary Public. Snb of T
t my Commipiot+ Explae
..e~j~ I~Io~11Z.'1011
066906-2009 02/12/2009 10:25:16 AM Page 3 of 4
. , .
EXHIBfT A .
GRANTOR MAS EXECUTED AND DEi.1VF.RED THtS DEED AND. HAS GRANTED,
BARGAiNED, SOLD, AND CUNVEYEO THE PROPERTY, AND GRANTEE HAS ACCEPTED
THiS DEED AIVD HAS PLiRCHASED THE PROPERTY, AS IS, WHERE IS, AND WlTH ALL
FAULTS, AND GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE, DOES ;
NOT MAKE AND SPECiFICALLY NEGA7ES AND DISCLAIMS ANY RFpRE.SENTATtONS,
1KAItRANT1E5, PROMi5E5, COVENANTS, AGREEMENTS OR GUARANTtES OE ANY KIND
OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR 1MPLIED, ORAL OR WRITTEN,
PAST , PREsEHT, oR FuruRE, oF, As ro, GotvCERN1NG oR wiTx RESpECT To (A) THE
.
VALtfE, NATURE, QLIALJTY OR CONDITION OF THE PROAERTY, INCLUDING,
WITH4[IT L1MfTATION, THE WATER, S41L, AND GEOL4GY; THE lNCQME TO BE
DERiVED FROM THE PROPERTY; (C) THE SCItTABILtTY OF THE PROPERTY FOR ANY AND
ALL AC7'IVIT[ES AND USES WHICH GRAN7EE MAY CONDUCT THEREON; (D) THE
COMPLlANCE 4F OR BY THE PROPERTY OR 1T5 OPERATION W1TH ANY LAWS, RULES,
ORD(NANCE5 OR REGl1LATIONS OF ANY APPLICABLE GOVERNMENTAL AllTHOIttTY
QR BODY; (E) THE HABITABILITY, MERCHANTAB[LITY, MARKETABILITY,
PROFITABtLITY, OR F[TNESS FOR A PARTICClLAR Pt1RPOSE OF THE PROPERTY; (F) THE
MANNER 'OR Qt1ALtTY OF TNE CONSTRl1CTION OR MATERlALS, !F ANY,
INC4RPORATED tNT4 THE PROPERTY; (G) THE MANNER, QUALlTY, STA?E OF REPAIR,
QR LACK OF REPAIR OF THE PROPERTY; OR (H) ANY OTHER MATTER WITH RESPECT
TO THE PRQPERTY, AND SPEC{FiCALLY, THAT GRAN'TOR HAS NO? MADE, DOES NOT
MAKE AND SPEGFICALLY DtSCLA1MS ANY RF.PRESENTATIONS REGARDf NG
COMPLlANCE WfTH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND ElSE
LAWS, RULES, REGCII.ATIONS, ORDERS, OR REQl1iREMENTS, INCLClD1NG THE DISPOSAL
OR EXISTENCE, iN OR ON THE PROPERTY, OF AAIY HAZARD4US MATEJtIqI,S, FaCCEpT
THE WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN; GRAN7EE FllRTHER
ACKNOWLEDGES AND AGRELS THAT HAVING BEEN GIVEN THE OPPORTUNITY TO
INSPECT THE PROPERTY, GRANTEE 1S RELYiNG SOLELY ON HIS OWN lNVESTIGATION
OF THE PROPERTY AND NOT QN ANY iNFORMATION PROV[DED 4R Ta BE PROViDED
6Y GRANTOR AND ACCEPTS THE PROPERTY AND WA(VES ALI. 013)ECT10N5 OR
066906-2009 02/12/200910:25:16 AM Page 4 of 4
CLAIMS AGAlNS7' GRANTOR (INCLUDlNG 8UT NOT UMCfED TO ANY RiGHT OR
CLAtMS OF CONTRIBUTtON) ARlSING FROM OR RELATING 1'O THE PROPERTY OR TO
ANY HAZARDOUS ' MATER[ALS ON THE PROPERTY. GRANTEE FURTHER
ACKNOWLEDGES ANp AGREES THAT ANY INFORMATION PROVIDED OR TO 8E
PROYIDED WtTH [tFSPECT TO THE PR4PERTY WAS OSTAINED FROM A"VARlETY OF
SO(lRCES AND THAT GRANTOR HAS NOT MADE ANY INDEPENDENT 1NVESTIGAT[4N
OR VERIFtCA7lON OF SUCH 1NFORMAT(4N AND MAKES NO REPRESENTATI4N A5 TO
THE ACCURACY _OR COMPLE?ENESS OF St1CH INFORMATION. GRANTOR JS NOT
LIABLE OR BOLtND IN -ANY MANNER BY, ANY VERBAL OR WRITTEN STATEMENTS,
REPRESENTAT10N5, OR tNFORMATI4N PERTAiNING TO THE PROPERTY QR THE
OPERATt4N THEREOF, FLiRNiSHED BY ANY REAL E,SI'ATE BROKFk AGENT, EMPLOYEE;
~ SERYAN1, OR OTHER PERSON. GRANTEE Ft1RTHER ACKNOWLEDGES THAT TO THE
MAXiMUM EXTENT FERMITTED BY LAW, THE SALE OF THE PROPERTY 15 MADE ON AIV
"AS tS° C4ND[T10N AND BAStS WITH ALL fALiLTS. fT IS FURTHER AGREED THAT ALL
OF THE PROPERTY 1S 50L0 BY GRAN74R AND PIIRCHASED SY GRANTEE SIIBJECT TO
THE FOREGOtNG. .
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