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09&10 - Ham & T, Inc.DRAFT LISA\ORDINANCES\CURRENT\6-11-01 Zoning Ordinances June 7, 2001 ORDINANCE NO. _______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CIT Y 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 LOT 4, CITY BLOCK 33, ON PROPERTY BELONGING TO HAM AND T, INC., A TEXAS CORPORATION, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2-F); DESIGNATING THE BOUNDARIES OF THE NEIGHB O RHOOD SERVICE DISTRICT (NS) SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HER EWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the C i ty 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 reco mmendation in accordance with the City zoning ordinance and State law; and, WHEREAS , the Pla nning and Zoning Commission did conduct a public hearing on said proposed amendment to the C ity 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 t he 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 NOW, THEREFORE, the City of Paris; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble of 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 t hat a NEIGHBORHOOD SERVICE DISTRICT (NS) be, and the same is hereby, established on LOT 4, CITY BLOCK 33, on property belonging to HAM AND T, INC., A TEXAS CORPORATION, so as to include in such NEIGHBORHOOD SERVICE DISTRICT (NS) the her einafter described property, which was formerly and is presently design ated as a TWO-FAMILY DWELLING DISTRICT (2-F), 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 Larkin Rattan Survey, being Lot 4, City Block 33, and being more particularly described as follows: BEGINNING at the southwest corner of the lot or parcel of land conveyed to W. H. Turner on May 11, 1911, by deed of record in Volume 137, Page 185, Lamar County Deed Records; THENCE SOUTH with the west boundary line of a lot or parcel of land conveyed to W. B. Kendall on December 14, 1911, by deed of record in the Deed Records of Lamar County, Texas, a distance of 111 feet to the north boundary line of E. Price Street; THENCE EAST with the north boundary line of E. Price Street a distance of 65 feet; THENCE NORTH a distance of 111 feet to the southeast corner of a lot or parcel of land conveyed by T. G. Hanley to W. H. Turner on May 11, 1911, by deed of record in the Deed Records of Lamar County, Texas; THENCE WEST a distance of 65 feet to the place of beginning, and being the same property described in deed to Edwin A. Landers and wife, Mae Lorene Landers, dated September 21, 1970, of record in Volume 519, Page 473, Lamar County Deed Records; reference being made to all the above-mentioned instruments and records for all necessary purposes, being number 1331 E. Price Street. 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 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 July 1, 2001. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 11th day of June, 2001. ____________________________________ Michael J. Pfiester, Mayor ATTEST: ____________________________________ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney AFFIOA¥1T REQUEST FOR AMEHOMEHT TO ZONI~G ORDIRARCE HO. 1710 STATE OF TEXAS COUnTY-OF LA~AR DEFORE HE, the undersigned authority, on thts day personally appeared ~ AND T, INC., A Tex~s Corporation ~ H]~ upon oath deposes and says: P~0NE NUMBER 982-6111 1323 LAI. L~R and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: LOT 4, CIT~ BLOC[ 33 "My interest in the above described property is O_____?ER and I do request a change in zoning from ~o-~ANIL¥ O~LL~NG (2F) District to NEIGHBO~OOD SERVICE (NS) Otstrtct. "~ support o~ said reques~ I make tile tallowing answers ~o questions 1-4: ~. ~111 :he re-zoning be In accordance ~JU~ Urn'original comprehensive zoning scheme, as represented by Um pre-established zoning ordinance and Um ~ong range master p~an.and inap that bas been adap:ed b~ Um zoning ardtnancel 2. Wtll the re-zoned designation be compatible ~ltb Uae classtl'tcatton and use et adjoining lands so. as to avoid adverse tmpact on neighbors? 3. Is the tract, unsuitable for uses permitted under the present zoning class- Iflcatton; therefore Justifying a change in'zoning? ~o 4. Does the re-zoning bear a substantial rela'ttonshlp to the public health, sa[e:2~ morals or general Nelfore er protect and preserv~ btstor~cal and culLural places and areas or meet a substantial publlc need7 NO . 5, UA$ A ~QP¥ P~ T~E EAND DEED DEEH'$U~HITTED? YES SNORN TO AND SUD$CRIDED DEFORE HE, by the said this 27~ day of APRIL , ~0 01 ,, {~attle ~unnln~llalll~, L;I ty GIeFK · TOM WAGNON Ho~ary Public, SLate of Texas WARRANTY DEED c~ o -' -- THE STATE OF TEXAS ) I =:-.r t -. -~ I~OW ALL MEN BY THESE PRESENTS: .-.. cq · -, c~ :, ~ q : '~ 5-'.: COUNTY OF LAMAR ) :-: r'-: -- THAT WE, PHYLLIS LANDERS PAINTER, of tOe County of Delta Stat&ofTexas, ~E ?: EDWIN LANDERS and BETTY SUE LANDERS J~CKSON, both of the County of Dallas, State of Text, and JO~ HOW~ L~DERS, of the Coun~ of Tarrant, State of Texas (herein called "grantom"), lbr and in consideration oFthe suni ofTen ($10.00) and more Dollars cash to us in hand paid by HAM ~ND T, INC., A Texas Corporation, receipt of which in full is hereby ac~owledged; have Granted, Sold and Conveyed, and by these presenB do Grant, Sell and Convey unto HAbl AND T, INC., A Texas Corporation (herein called "grantee"), of the County of Lamar, State of Texas, whcre its mailing address is ['>~,~ [.x~Vs,,,~v' A~'~- ~t~)q'/'[~7~×. , all that certain tract or parcel of land in Lamar County, Texas described as follows: A part of the LARKIN, RATTAN SURVEY within the corporate limits of the City of Paris, described by metes and bounds as follows: BEGINNING at the SW comer of the lot or parcel or'land conveyed to W. FI. Turner on May 11, 1911, by deed of record in Book 137, Page 185, Lamar County Deed Records; THENCE SOUTH with the WB line ora lot or parcel of land conveyed to W. B. Kendall on December 14, 1911, by deed of record in the Deed Records of Lamar County, Texas, 111 feet to the NB line of East Price Street; THENCE EAST with the NB line of East Price Street 65 feet; THENCE NORTH 111 feet to the SE comer of a lot or parcel of land conveyed by T. G. Hanley to W. H. Turner on May 11, 1911, by deed of record iu the Deed Records of Lamar County, Texas; THENCE WEST 65 feet to the place of beginning, and being the same property described in deed to Edwin A. Landers and wife, Mae Lorene Landers, dated September 21, 1970, of record in Book 519, Page 473, Lamar County Deed Records; reference being made to all the above mentioned instruments and records for all necessary purposes. TO HAVE AND TO HOLD the within described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto ItAM AND T, INC., A Texas Corporation, its successors or assigns forever, and grantors he,'eby bind themselves, their heirs, executors, RP 10:l.2.00 admlnistmtors, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the said premises unto HAM AND T, INC., A Texas Corporation, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. WITNESS our hands this 28th day of September, 2000. PHY L'IS L~DERS PAINTER ETTY ~UE LANDERS JACKSON v' ~:)E ~DWIN LANDERS //,"-j'O I-I ~¢r'q y ItOWARD'LANDERS THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the .28th day of September, 2000, by PHYLLIS LANDERS PAINTER. Notary Public, State of Texas THE STATE OF TEXAS ) COUNTy OF~ ) THIS instrument was acknowledged before me on the ~ day of Se~r, 2000, by JOE EDWIN LANDERS. Notdry Public, State of Texas 201 T~E STATE OV TSX~S ) COUNTY OF c~~ ) ) ' "~t*"JC~da of Se tember 2000, bv BETTY THIS instrument was acknowledged bemre me on me~' y P SUE LANDERS JACKSON. /,~ ,.~ ~ ~ g Nota~Public, State of Texas ~ ~ ~ s~'~s t ~ ,' THE STATE OF TE~S ) COUNTYOF~*~ THIS inst~mcnt w~ ac~owledged before me on the ~ay of September, 2000, by JOH~Y HOWARD LANDERS. Notary Public, State of Texas AFTER RECORDING RETURN TO.' Ham and T, Inc., A Texas Corporation