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11&12 - Ashley RedheadDRAFT 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 MULTIPLE-FAMILY DWELLING DISTRICT--1 (MF-1) ON LOT 18, BLOC K Q, AND LOT 19, BLOCK P, EAST PARK ADDITION, ON PROPERTY BELONGING TO ASHLEY REDHEAD II AND AKWOKWO H. REDHEAD, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3); DESIGNATING THE BOUNDARIES OF THE MULTIPLE-FAMILY DWELLING DISTRICT--1 (MF-1) SO ESTABLISHED; P ROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES O R PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Paris, Paris, Texas, has previou s ly 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 C ommission 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 ordinanc e, 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 that a MULTIPLE- FAMILY DWELLING DISTRICT--1 (MF-1) be, and the same is hereby, established on LOT 18, BLOCK Q, AND LOT 19, BLOCK P, EAST PARK A DDITION, on property belonging to ASHLEY REDHEAD II AND AKWOKWO H. REDHEAD, so as to include in such MULTIPLE- FAMILY DWELLING DISTRICT--1 (MF-1) the hereinafter de scribed property, which was formerly and is presently designated as a ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3), and that the boundaries of said MULTIPLE-FAMILY DWELLING DISTRICT--1 (MF-1), 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, and being more particularly described as follows: Lot 18 Block Q, East Park Addition BEGINN ING at the southeast corner of Lot 18, Block Q of the East Park Addition; THENCE NORTH a distance of 50 feet to the northeast corner of said lot; THENCE WEST a distance of 150 feet to the northwest corner of said lot; THENCE SOUTH a distance of 50 feet to the southwest corner of said lot; THENCE EAST a distance of 150 feet to the place of beginning. Lot 19 Block P, East Park Addition BEGIN NING at the southwest corner of Lot 19, Block P of the East Park Addition; THENCE NORTH a distance of 50 feet to the northwest corner of said lot; THENCE EAST a distance of 150 feet to the northeast corner of said lot; THENCE SOUTH a distance of 50 feet to the southeast corner of said lot; THENCE WEST a distance of 150 feet to the place of beginning. 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 $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective July 1, 2001. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 11th day of June, 2001. ____________________________________ Michael J. Pfiester, Mayor ATTEST: ____________________________________ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ____________________________________ Larry W. Schenk, City Attorney AFFIO^I/IT REOU[ST FOR AMEltDMENT TO ZON]It$ ORUIN^N6E NO. 1710 Sd?rE OF TEXAS ] COUNTY .OF LAMAR } BEFORE HE, the undersigned uuUmrtty, on Ulls day personally appeared ASHLEY REDHEAD , wile upon oath deposes and says: tn property located within the corporate limits oF the City of Paris being described as follows: LOT 19 BLOCK P EAST PAEK ~DDITION "My interest in the ~bove described prop~rty Is O~ER D~s~r[ct to MULTIPLE F~ILY NO. 1 "In suppor~ of ~ld reque$~ I make Um 1. WH] Um re-zonin~ be in nccordance ~tU~ Urn'original comprehensive zonln~ scheme, ~ repre~en~ed by Um pre-es~bll'shed zonJ.~ ordlnm~ce ~.d the ]~.~ range m~te~ p]an.~nd map that has bee. Z. Will tile re-zoned designation be compstlble with the classiFication and uso of adjoining lands sq as to avoid adverse tmpact on neighbors? YES. THERE ARE ~ APAR~ENTS IN ~E ~RKA 3. Is 'the tract unsuitable for uses pe~dtted under the present zonln9 class- (f)catlonl U~erefore Justifying a change in'zoning?. ~o 4. goes the re-zoning bear a substantial rela'ttenshlp to tile public healUb safety, morals or general welfare or protect and preserv~ historical .and cultural places undareas or meet a substantial publlc need? YEH, THERE IH A NHED FOR AP2LR~E~TS IN THE AREA . S, I4AS A COPY' 0F THE rAND DEED gEEN 'SUBMITTED~ Y~,~/~ // / .. S ~natute ~f Applicant this SWORN TO AND SUBSCRIgED gEFORE ME, by Lhe said ASHLEY REDHHAD Y lC, State of /'~xas STATE OF TEXAS COUNTY OF LAMAR TAX RESALE DEED X X X That Paris Independent School District, Paris Junior College, City of Paris, Lamar County, and North Lamar Independent School District as Successor in Interest to Lamar County Education District, acting through the presiding officer of its governing body, hereunto duly authorized by resolution and order of each respective governing body which is duly recorded in their official Minutes, hereinafter called grantors, for and in consideration ofthe sum of $455.00 (Tract 1) and $455.00 (Tra. ct 2) cash in hand paid by ASHLEY REDHEAD II & AI~0/'OK~VO H. RED H ~:AD 3150 MA]~,.FF~Y LANE PARIS, TEXAS 75460 hereinai~er called grantee(s), the receipt of which is acknowledged and confessed, has qukclaimed and by these presents do quitclaim unto said grantee(s) all of the right, title and interest of all other taxing units interested in the tax foreclosure judgment against the property herein described, acquired by tax foreclosure sale heretofore held under Cause No. 58194, Larnar County Appraisal District vs. CliffMitchell, et al, in the district court of said county, said property being located in Lamar County, Texas, and described as follows: Tract 1 Lot 18, Block Q, Ea~ Park Addition, being more particularly described according to the map or plat thereof a~ recorded in Volume 1, Page 90, Plat Records of Lamar County, Texas ( Acct. #Rll199-Paris lSD, Lamar County, Paris Jr. College, LCED) /6 Tract 2 Lot 19, Block P, East Park Addition, being more particularly described according to the map or plat thereof as recorded in Cabinet 1, Sllde 30B, Plat Records of Lamar County, Texas (Acct. # Rll176-Paris lSD, Lamar County, Paris Jr. College, LCED) tt.t~,! I~ rt. ~'r. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, pfi_v~l.' eges, and appurtenances thereto in any manner belonging unto the said grantee(s), their heirs and assigns forever, so that neither the grantors, nor any other taxing unit interested in said tax foreclosure judgment, nor any person claiming under k and them, shall at any time hereafter have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part thereof. SUBJECT however to the following covenant, condition and restrictions: (a) The above described realty, or any part thereof, shall not be used in the operation of, or in conjunction with, any school or other institution of learning, study or instruction which discriminates against any person because of his race, color or national origin, regardless of whether such discrimination be effected by design or otherwise, tip 1026~'a;£ 333 (b) The above described realty, or any part thereof, shall nqt be used in the operation of, or in con{unction with, any school or other institution &learning, study or instruction which creates, maintains, reinforces, renews, or encourages, or which tends to create, maintain, reinforce, renews or encourage a dual school system. These restrictions and conditions shall be binding upon grantee and grantee's successors, assigns, heirs and personal representatives for a period of fifty (50) years from the date hereof. The foregoing restrictions and the other covenants hereat~er set out are covenants running with the land, and each and every parcel thereof, and shall be fully binding upon any person, firm, partnership, corporation, trust, church, club, governmental body, or other organization or entity whatever (whether private or ~ovemmental in nature), without limitation hereinafter acquiring any estate, title, interest or property in said land, whether by descent, devise, purchase or otherwise; and no act or omission upon the part of grantor herein, its ~uccessors and assigns, shall be a waiver of the operation or enforcement of such restrictions; but neither restriction shall be construed to be a condition subsequent or special limitation on the estate thereby conveyed. It is further covenanted, that third party beneficiaries of the restrictions set forth above shall be as follows: (1) As to the restrictions set out in (a) above, any person prejudiced by its violation; (2) As to the re_striction set out in Co) above, any public school district or any person prejudiced by its violation; and (3) As to either or both of the restriction set out in (a) and (b) above, the United States of America, as plaintiff, and the America G.I. Forum, the League of United Latin American Citizens (LULAC), and the National Association for the Advancement of Colored People (NAACP), as intervenors, in U.S.v. Texas. Civil Action No. 5281, Tyler Division, U.S. District County, Eastern District of Texas; reported in U.S.v. Texa~, 321 F. Supp. 1043 (E.D. Tex. 1970); U.S.v. Texas, 330 F. Supp. 235 (E.D. Tex 1971); arid with modifications sub. nom, U.S.v. State of Texas and J. W. Edgar, et al., 447 F2d 441 (5 Cir. 1971); stay den. sub. nom. Edgar v. U.S., 404 U.S. 1206 (1971); cert den. 404 U.S. 1016 (1972). It is further covenanted that in case of violation of either or both of the above restrictions, any of the third party beneficiaries above alluded to is authorized and empowered to prosecute proceedings at law or in equity against any person, firm, partnership, corporation, trust, church, club, governmental body or other organization or entity whatever (whether private or govemmentai in nature), without limitation: (A) To enforce either or both of such restrictions relating to the use of the above-described realty; (B) To abate or prevent violations of either or both of such restrictions; and . (C) To recover damages for a breach of either or both such restrictions. It is further covenanted, that is any third party beneficiary referred to above shall prosecute proceedings ~ S at law or in equity for the aforesaid purposes, such third party beneficiary may recover reasonable attorney s fee from the violator or violators of either or both of such restrictions, of the Court finds that the proceedings were necessary to bring about compliance therewith. Taxes for the present year are to be paid by grantee(s) herein. This deed is given expressly subject to any existing righ~ of redemption remaining in the former owner of the property under the provisions of law and also subject to any recorded restrictive covenants running with the land, and valid easements of record as of the date of this sale, if such covenants or easements were recorded prior to January 1 of the year the year the tax lien(s) arose. - 102fJeA 334 IN TESTIMONY WHEREOF Pads Independent School District has caused these presents to be executed this ~t~.~21 day of ~]-t~ t4'5 ~/ ' , 2000. Paris Independent School District President STATE OF TEXAS COUNTY OF LAMAR X X This instrument was acknow~dged before me on this tff~t4'_q~ , 2000, by ~0~rb~rrd ,/~. ~//~5/ Indepe~tent School District. &~''~ day of President, of Pads ~ ~.~i~,.~] StYe of Texos_ :. _ - ~ Commission Expires: 335 IN TESTIMONY WHEREOF North Lamar Independent School District as Successor in Interest to Lamar County Education District has caused these presents to be executed this llth day of Sepee~aber ,2000. Lamar County Education District Successor in Interest STATE OF TEXAS X COUNTY OF LAMAR X This instrument was acknowledged before me on ~~.~2 , 2000, by ~,,~t ~~ Lamar ~2onsolidated Independent School District. 0 this / .~ -~ day of Successor in Interest to North Notary Public, State of Texas Commission Expires: MY COMMISSION EXPIRES JANUARY 21,2004 RP 1026Pa [ 336 TESTIMONY WI-m. REOF Paris Junior College has caused these presents to be executed this day of ~-'~3~,_¢~ .t/~. ,2000. Paris Junior College BY:~ President STATE OF TEXAS COUNTY OF X.)o,,This instrument Junior Colleg~h- X X was ackno_wledg~d be~.~re[ ~ · 2000, by ~L~¢~_~ . this day of President, of Pads Notary Public, State of Texas Commission Expires: q-1-~.~t-I RP 1026 a :337 of IN TESTIMONY WHEREOF City of Pads has caused these presents to be executed this october , 2000. City of Paris BY:~ Mayor 9th day STATE OF TEXAS COUNTY OF LAMAR X X This instrument was acknowledged before me on this 9th day of October , 2000, by H:tchael J. if/ester Mayor, of City of Paris. ~ [~-~ NOTARY PUBLIC ~ ~k~ STATE OF TEXA~ Notary Public, State of Texas Commission Expires: '7676 IN TESTIMONY WHEREOF Lamar County has caused these presents to be executed this day of ,m0 ~ ,2000. County County Judge STATE OF TEXAS COUNTY OF LAMAR X X , 2000, by ~ - ~'- ~ .[~t~~--- ~o'ounty Judge, of N0tgr_y public, State of Texas ... Comhii'sslon Expires: After recording retumto: ASHLEY REDHEAD H & AI~VOIC~VO H. REDREAD 3150 MAHAFFEY LANE PARIS, TEXAS 75460 1026PaGt 3.3,9 FIELD NOTES LOT 18 BLOCK Q EAST PARK ADDITION BEGINNING AT THE SOUTHEAST CORNER OF LOT 18 BLOCK Q OF THE EAST PARK ADDITION THENCE A DISTANCE OF 50 FEET NORTH TO THE NORTHEAST CORNER OF SAID LOT THENCE WEST A DISTANCE OF 150 FEET TO THE NORTHWEST CORNER OF SAID LOT THENCE SOUTH A DISTANCE OF 50 FEET TO THE SOUTHWEST CORNER OF SAID LOT THENCE EAST A DISTANCE OF 150 FEET TO THE PLACE OF BEGINNING. FIELD NOTES LOT 19 BLOCK P EAST PARK ADDITION BEGINNING AT THE SOUTHWEST CORNER OF LOT 19 BLOCK P OF THE EAST PARK ADDITION THENCE NORTH A DISTANCE OF 50 FEET TO THE NORTHWEST CORNER OF SAID LOT THENCE EAST A DISTANCE OF 150 FEET TO THE NORTHEAST CORNER OF SAID LOT THENCE SOUTH A DISTANCE OF 50 FEET TO THE SOUTHEAST CORNER OF SAID LOT THENCE WEST A DISTANCE OF 150 FEET TO THE PLACE OF BEGINNING.