05&06 Malcolm ZoningDRAFT
ALICE\ORDWORK\CURRENT\10-4-01 Zoning Ords
October 1, 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 ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2) WITH SPECIFIC
USE PERMIT (25) DAY CARE ON LOT 24, CITY BLOCK 4, MAYER
ADDITION, ON PROPERTY BELONGING TO WATSON MALCOM, SO AS
TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A
ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE
BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2)
WITH SPECIFIC USE PERMIT (25) DAY CARE 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 ONE-
FAMILY DWELLING DIS TRICT NO. 2 (SF-2) WITH SPECIFIC USE PERMIT (25) DAY CARE
be, and the same is hereby, established on LOT 24, BLOCK 4, MAYER ADDITION, on property
belonging to WATSON MALCOM, so as to include in such ONE-FAMILY DWELLING
DISTRICT NO. 2 (SF-2) WITH SPECIFIC USE PERMIT (25) DAY CARE the hereinafter
described property, which was formerly and is presently designated as a ONE-FAMILY DWELLING
DISTRICT NO. 2 (SF-2), and that the boundaries of said ONE-FAMILY DWELLING DISTRICT
NO. 2 (SF-2) WITH SPECIFIC USE PERMIT (25) DAY CARE 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 Asa Jarman Survey, also being a part of Block
4 of Mayer's Addition to the City of Paris, and being more particularly described as
follows:
BEGINNING on the north boundary line of Bonham Boulevard 100 feet west
of the southeast corner of said block;
THENCE North a distance of 300 feet to a stake;
THENCE West a distance of 100 feet to a stake;
THENCE South a distance of 300 feet to a stake in the south boundary line
of said block and the north boundary line of Bonham Boulevard;
THENCE East with the north boundary line of said Boulevard a distance of
100 feet to the place of beginning.
Being the same property as described in deed from C. J. Jeffus et ux to Hubert
Clifford Carpenter et ux dated March 9, 1943, of record in Volume 265, Page 218,
Lamar County Deed Records, being number 3230 Bonham.
SAVE AND EXCEPT AND LESS the following described tract conveyed
to William Richard Foster et ux dated August 14, 1953, recorded in Volume 335,
Page 425, Lamar County Deed Records, being more particularly described as follows:
A part of the Asa Jarman Survey, part of Block No. 4 ofMayer's Addition to
the City of Paris, a part of the tract conveyed by C. J. Jeffus ex ux to Hubert Clifford
Carpenter et ux dated March 90, 1943, of record in Volume 265, Page 218, Lamar
County Deed Records.
BEGINNING at the northeast corner of said tract;
THENCE West with its north boundary line a distance of 100 feet to its
northwest corner;
THENCE South a distance of 80 feet to a stake;
THENCE East a distance of 100 feet to a stake in the east boundary line of
said tract;
THENCE North with its east boundary line a distance of 80 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 November 1,2001.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 4th day of October, 2001.
Michael J. Pfiester, Mayor
ATTEST:
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 LAMAR I
BEFORE ME, the undersigned autl)ortty, on this day personally appeared
WATSON MALCOM , who upon oath deposes an'd says:
i,] ala WATSON MALCOM
) and my address ts
PHONE NUMBER 784-5707
3230 BONHAM and I have a proprleta'ry Interest
in property located within the corporate limits of Um City of Paris b~ng
described as follows: LOT 24, BLOCK 4, MAYER ADDITION
3230 BONHAM
"My interest in the above described property is OWNER
and I do request a change tn zoning from ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2)
district to ONE-FAMILY DWELLING NO. 2 (SF-2) district.
W[%H SPECIFIC USE PE IT (2) AY C
",n support or sai~eque~St l°mak~Al~m following answers to questions 1-4:
1, Will the re-zoning be in accordance wlU~ the'original comprehensive
zoning scheme, as represented by the pre-establi'shed zoning ordinance ~nd the
long range master plan .and map that has been adopted by the zoning ordtnancel
2. Will tile re-zoned designation be compatible wlUI tile classification and
use of adjoining lands so as to avoid adverse impact on neighbors?
YES '
3. Is the tract unsuitable for Uses permitted under the present zoning class-
)flcationl therefore Justifying a change tn'zonin.q?. NO
4. Does the re-zoning bear a suhstantial rela'[ionshlp to the public health,
safety, morals or general welfare or protect and preserv~ historical and cultural
places and areas ar meet a substantial public need?
· 5,
BAS A COPt gF TBE [AND DEED BEEN'SUBMITTED? WES
Signature o~ Applican~
SWORN TO AND SUBSCRIBEd BEFORE ME, by [he said
this 31s~ day of AUCUST , ~OOl ,'
a e 'unnlngham ClLy t;lerK ~' '
WATSON MALCOM
N(~.~ary Public, State of Texas
~ ~/.X.¢~o'~ NOTARY PUBLIC
'~ ~f,,.~,~ STATE OF TEXAS ~
THE STATE OF TEXAS
COUNTY OF LAMAR
WARRANTY DEED
(with Vendor's Lien)
'~ ~01-5043NTW
KNOW ALL MEN BY THESE PRESENTS:
THAT I, SHELIA McCANN (herein called "grantor"), of the County of Lamar, State of
Texas, for and in consideration of the sum ofTen ($10.00) and more Dollars cash to me in hand paid
by WANDA MALCOM, receipt of which is hereby acknowledged; and
Ten thousand and no/100 ($10,000.00) Dollars secured to be paid by grantees herein, which
sum of $10,000.00 is evidenced by vendor's lien note executed by grantees herein, payable to grantor
as therein provided, secured by the vendor's lien herein retained and additionally secured by deed of
trust of even date therewith to A. W. Clem, Trustee, covering the within described property;
have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey unto
WANDA I~IALCOM (herein called "grantee"), of the County of Lamar, State of Texas, where her
mailing address is
, all that certain tract or parcel of
land in Lamar County, Texas described as follows:
A part of the ASA JARMAN SURVEY, being part of Block 4 of MAYER'S ADDITION to
the City of Paris, more particularly described as follows:
BEGINNING on the NB line of Bonham Boulevard 100 feet West &the Southeast corner of
said Block.
THENCE NORTH 300 feet, a stake;
THENCE WEST 100 feet, a stake;
THENCE SOUTH 300 feet, a stake~, the SB line of said block and the NB line of Bonham
Boulevard.
THENCE EAST with the NB line of said Bonlevard 100 feet to the place of beginning.
Being the same property as described in deed from C. J. Jeffi~s et ux to Hubert Clifford
Carpenter et ux dated March 9, 1943, of record in Book 265, Page 218, Lamar County Deed Records.
SAVE, EXCEPT AND LESS the following described tract conveyed to William Richard
I:oster et ux dated August 14, 1953, of record in Book 335, Page 425, Lamar County Deed Records,
and described as follows:
A part of the ASA JARMAN SURVEY, part of Block No. 4 of MAYER'S ADDITION to the
City of Paris, a part of the tract conveyed by C. J. Jeffus et ux to Hubert Cliftbrd Carpenter et ux dated
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March 9, 1943, of record in Book 265, Page 218, Lamar County Deed Records.
BEGINNING at the NE corner of said tract;
THENCE WEST with is NB line 100 feet to its NW corner;
THENCE SOUTH 80 feet a stake;
THENCE EAST 100 feet a stake in the EB line of said tract;
THENCE NORTH with its EB line 80 feet, to the place of beginning.
The conveyance evidenced by this deed is made subject to any and all easements, rights-of-
way, restrictions, covenants, conditions and reservations of record applicable to the within described
property or any part thereof.
TO HAVE AND TO HOLD the within described premises, together with all and singolar the
rights and appurtenances thereto in anywise belonging unto WANDA MALCOM, her heirs or assigns
forever; and grantor hereby binds herself, her heirs, executors, administrators, personal representatives,
successors and assigns, to Warrant and Forever Defend, all and singular the within described property
and premises unto WANDA MALCOM, her heirs and assigns, against every person whomsoever
lawfitlly claiming, or to claim'the same, or any part thereof.
BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as
albresaid against the within described property, premises and improvements until the above described
note, and all interest thereon, are fully paid according to its face and tenor, effect and reading, when
this deed shall become absolute.
WITNESS my hand this 28th day of August, 2001.
SHELIA McCANN
TttE STATE OF TEXAS §
' COUNTY OF LAMAR §
THIS instrument was acknowledged before me on the
McCANN.
day of August, 2001, by SHELIA
Notary Public, State of Texas
THIS INSTRUMENT WAS PREPA~RED SOLELY FROM INFORMATION AND ON
INSTRUCTIONS GIVEN TO US BY OUR CLIENTS. NO TITLE OPINION, TITLE
EXAMINATION, OR OTHER INFORMATION HAS BEEN FURNISHED TO US IN
CONNECTION WITH ITS PREPARATION. A.W. CLEM, ATTORNEY
AFTER RECORDING RETURN TO:
Ms. Wanda Malcom
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