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03&04 Ham & T, Inc. ZoningDRAFT ALICE\ORDWORCURRENT\7-5-01 Zoning Ords June 26, 2001 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 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 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 PROVIDING 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 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 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 hereinafter described property, which was formerly and is presently designated 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 August 1,2001. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 5th day of July, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, 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 LA~R j BEFORE HE, the undersigned authority, on this day personally appeared HAM A~D T, INC., A Tex~s Corporation , who Upon oath deposes and says: "I am HAM AND T, INC., ~ Texas Corporation , and a~ address ts PHONE NUMBER 982-6111 1323 LAMbeR and I have a proprietary ~nteres~ tn property located within the corporate limits of the City of Paris being described as follows: LOT 4, CITY BLOCK 33 "My interest In the above described property is OWNER and I do request a change In zoning from TWO-FAMILY DWELLING (2FI District tO NEIOHBO~ELHOOD SERVICE (NS) District, "In support oF said request I make the following answers to questions 1-4: 1, Will tile re-zoning be in accordance with Urn'ariD(hal comprehensive zoning scheme, as represented by the pre-establl'simd zoning ordinance and the long range master plan.and map tNat has been odopted by the zoning ordinance? NO 2. Will Um re-zoned designation be compatible with tile classification and usa of adjoining lands so. as to avoid adverse impact on netgl]bors? NO 3. Is the tract unsuitable 'for uses permitted under the present zoning class- )flcatlon~ U~erefore Justifying a change in'zoning?. NO 4. goes the re-zoning bear a substantial rela'tionshlp to the public health, safety, morals or general welfare or protect and preserv6 historical .and cultural places and areas or meet a substantial public need? NO · 5, BAS A CQPY' ~)F TEE CAIID DEED BEEN'SUBMITTED? YEs SWORN TO AND SUBSCRIBED BEFORE HE, by the said this 27TH day of A?B%L , ~O O1 FILED: ~..~.._~ ,gAq~ , .'~.q3(3t TOM WAGNON llo~ary Public, State of Texas WARRANTY DEED '-< THE STATE OF TEXAS ) ) lq. NOW ALL MEN BY T}IESE PRESENTS: -,.:; _. _ c'~:. ?. ' ':':". COUNTY OF LANIAR ) :'; ;--: - - THAT WE, PHYLLIS LANDERS PAINTER, oft.he County of Delta, Statc'bfTexas, '~gE EDWIN LANDERS and BETTY SUE LANDERS J~CKSON, both of the County of Dallas, State of Texas, and JOI-INnNY HOWARD LANDERS, of the County of Tarrant, State of Texas (herein called "grantors"), l'br and iii consideratiou of the sum of'Ten ($10.00) and more Dollars cash to us in hand paid by HAM AND T, INC., A Texas Corporation, ,-eceipt of which in full is hereby acknowledged; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto HAM AND T, INC., A Texas Corporation (herein called "grantee"), of the County of Lamar, State of Texas, where its mailing address is l.'~,:,~.~ [.x:3v~.c~,/ A'~'. fq~q~,~×. , atl that certain tract or parcel of land in Lamar County, Texas described as follows: A part of the LARK. IN, RATTAN SURVEY within the corporate limits of the City of' Paris, described by metes and bounds as follows: BEGINNING at the SW corner o~'the lot or parcel of land conveyed to W. lq. Turner on May 11, 1911, by deed of record in Book 137, Page 185, Lamar County Deed Records; TlqENCE SOUTH with the WB 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 ol'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. lq. Turner on May I 1, 1911, by deed of record itl the Deed Records o[' 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 HAM AND T, INC., A Texas Corporation, its successors or assigns forever, and grantors hereby bind themselves, their heks, executors, RP lOiSm F 200 administrators, personal representatives, successors and assigns, to Wan,'ant and Forever Del'end, all and singular the said premises unto ItA1VI AND T, I. NC., 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. piiYI~LIS LAIqDERS PAINTE BETTY ~UE LANDERS JACKSON v- .~)E~DWIN LANDL~''Rg -~ /~,j'O H ~r,q y HOWARD'LANDERS THE STATE OF TEXAS ) ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the 28~h day of September, 2000, by PHYLLIS LANDERS PAINTER. :';(';~.-Zy~i;t~xa aaa~.c. ~ Notary Public, State of Texas THE STATE OF TEXAS ) COUNT'/OF ~qgc,~ S ) THIS instrument was acknowledged before me on the ~ day of Se~r, 2000, by JOE EDWIN LANDERS. R? lO:tSe 201 THE STATE OF TEXAS ) COUNTY OF cl~~ ) ) " "t"rX'~da of Se tember 2000, bY BETTY THIS instrument was acknowledged betore me on meL, u y P , ~ SUE LANDERS JACKSON. THE STATE OF TEXAS ) ) COUNTY 0 FCt2-,~ILO- ) THIS instrument was acknowledged before me on the ~O/d"'da½ of September, 2000, by JOHNNY HOWARD LANDERS. Notary Public, State of Texas ~ -" -~ '~ ". DIANA M. BA~KEB ) ' ~ ?,,- %-.. · Notary Public, State of Texas /~FTER RECORDING RETURN TO: Ham and T, Inck.,.A Texas Corporation