03&04 Caton RequestDRAFT
J:\Attorney\ALICE\ORDWORK\CURRENT\12-6-01 Zoning Ords.wpd
December 3, 2001
ORDINANCE NO. _______________
AN ORDINANCE 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 COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52)
SIGNS AND BILLBOARDS ON LOT 2, CITY BLOCK 318, ON PROPERTY
BELONGING TO TWT HOLDINGS, LTD., SO AS TO INCLUDE THEREIN
TERRITO RY FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT
(C); DESIG NATING THE BOUNDARIES OF THE COMMERCIAL
DISTRICT (C) WITH SPECIFI C USE PERMIT (52) SIGNS AND
BILLBOARDS SO ESTABLIS HED; PROVIDING FOR A PENALTY NOT
TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF
O R DINANCES IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE OF JANUARY 1, 2002.
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
COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) SIGNS AND
BILLBOARDS be, and the same is hereby, established on LOT 2, CITY BLOCK 318, on property
belonging to TWT HOLDINGS, LTD., so as to include in such COMMERCIAL DISTRICT (C)
WITH SPECIFIC USE PERMIT (52) S IGNS AND BILLBOARDS the hereinafter described
property, which was formerly and is presently designated as a COMMERCIAL DISTRICT (C), and
that the boundaries of said COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52)
SIGNS AND BILLBOARDS, 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 part of the Joseph Leach Survey, Abstract No. 524; being
all of a called 1.497 acre tract of land (Tract 2) described in De ed from Louise
Addison Taylor to Allen R . Ward, dated the 8th day of July, 1992, recorded in
Volume 305, Page 22, Real Property Records of Lamar County, Texas; said 1.497
acr e tract of land being part of a called 25 acre tract of land described in Deed to
Bruce Ray, recorded in Volume 260, Page 84, Deed Records of said county and state;
also being Lot 2, City Block 318; said 1.497 acre tract of land being more particularly
described as follows:
BEGINNING at a 1/2" R.S. Rod (f) at the northeast corner of said called
1.497 acre tract of land in the south boundary line of Center Street and north
boundary line of said 25 acre tract of land, same being N 89° 43' 05" E a distance of
324.642 feet from the point of intersection of the south boundary line of Center Street
with the east boundary line of a street going south, said point of intersection being the
northwest corner of said 25 acre tract of land and northwest corner of said City Block
318, also said 1/2" R.S. Rod (f) being the northwest corner of a called 2 acre tract of
land described in deed to James W. Yancey and Jack E . Henderson, recorded in
Volume 385, Page 178, Real Property Records of said county and state;
THENCE S 1° 41' 00" W a distance of 392.920 feet to a 5/8" R.S. Rod (s) at
the southeast corner of said called 1.497 acre tract of land and southwest corner of
said 2 acre tract of land in the north boundary line of Loop Highway No. 286 N.E.;
THENCE N 73° 19' 00" W along the north boundary line of said highway a
distance of 1 36.430 feet to an X marked on the concrete at an angle point; and an
inner corner of said 1.497 acre tract of land;
THENCE N 54° 51' 00" W along the north boundary line of said highway a
distance of 57.630 feet to a 5/8" R.S. Rod (s) at the southwest corner of said called
1.497 acre tract of land in the center of a 60 foot width Channel Easement, same
being the southeast corner of a called 0.875 acre tract of land (Tract 1) described in
deed to Allen R. Ward, recorded in Volume 305, Page 22, Real Property Records of
said county and state;
THENCE N 1° 43' 16" E along the center of said easement a distance of
319.665 feet to a 1/2" R.S. rod (f) at the northwest corner of said called 1.497 acre
tract of land in the south boundary line of said Center Street, same being the northeast
corner of said 0.875 acre tract of land;
THENCE N 89° 43' 05" E along the south boundary line of said Center Street
a distance of 179.752 feet to the pl ace of beginning and containing 1.498 acres of
land, being number 3005 Loop 286 N.E.
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 accord ance 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 January 1, 2002.
PASSED AND ADOPTED
by the City Council of the City of Paris, in regular session on this
the 6th day of December, 2001.
____________________________________
Michael J. Pfiester, Mayor
ATTEST:
____________________________________
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
____________________________________
Larry W. Schenk, City Attorney
AFFIDAVIT REQUEST FOR AMENDMENT T~ ZONING ORD)NANCE NO. 1710
STATE OF TEXAS
COUNTY.OF LA~R j
BEFORE ME, tim undersigned authority, oni EMs day personally appeared
GRI~G C~,~ON , wild upon oath deposes a~d says:
I'I enl GRgG .CATOt~ ) , and may address ts
, PHONE NUMBER 903-452-3239
p.~. ~m~ 8~55 TYLER. Tg~S 75711 an~ I have a proprietary interesk
lhetts o~ the City oF Paris being
tn proper~y located within the corporate
described as follows:
LOT 2 C~TY 5LOC~ 318'
3005 ~.~. LO0~
"~y tn:eresk in ~he above described property ts A~g~T FOR O~gA
and I do request ~ change tn zoning ~rom CO~RCIAL
District to CO~g~OIAL ~fth sp~cfflc use pe~lt District.
(52) S~S ~ BZ~L)OA~S
"In support of said request I make Um Following answers ~o questions
I, Wi)l the re-zoning be in accordance wit] Urn'original comprehensive
~on)nu scheme, ~s represented by the pre-est~bl{sbed zoning ordinance ond the
long range master pl:n.and m~p that has been)adopted by Um zoning ordinance?
2. Will tim re-zoned designation be co patlble wlU~ die classiFication and
uso. of adjoining lands so as to avoid advers~ Impact on neighbors?
i
. 3. Is 'tile tract unsuitable for uses pe~fltted under tile present zoning class-
tflcation tborefore Justifying a change in'Zoning?
4. Does the re-zoning bear a substanttbl rela'ttonshlp to Um public healUh
safety, morals or general welfare or protect) and preserv~ historical .and cultural
places and areas or meet a substantial publlb need? ¥~s
· 5,
COPT pE TI~E ~AND DEED BEEN'S~BMITTED? ¥Bs
SWORN TO AND SUBSCRIBED BEFORE ME, by ~ho said
this 30th.. day of ~ov~t~s~ ., 20011.
GREG CATON:
Ho~ary Publt~, State of Texas
NOTARY PUBUC ~
STATE OF TEXAS ~
My Corem E~p 05-12-2005
FIELD NOTE DESCRIPTION
All that certain tract or parcel of land, situated in Lamer County,
Texas, in the Northeast part of the Citylof Paris; being part of the
JoseR~ Leach Survey, Abstract No. 524; and being ail of a called 1.497
acre tract of land (TRACT 2) described i~ Deed from Louise Addison
Taylor to Alien R. Ward, dated the 8th d~y of July, 1992, recorded in
Volume 305, Page 22~ Real Property Records of Lamer County, Texas;
said 1.497 acre tract of land being part'of a called 25 acre tract of
land described in Deed to Bruce Ray (Vol~. 260, PaBe 84 DR); also being
part of City Block No. 318; said 1.497 acre tract of lend being more
particularly described as,~o[]ows, to-wit:
Beginning at a 1/2" dia. R. S. Rod (founid) at the Northeast corner of
said called 1.497 acre tract of land, inI the South line of Center
Street, and North line of said 25 acre tiract of land; same being N 89'
43' 05" E, 324.642 feet from the point oil Intersection of the South
line of Center Street, w~th the East line of a Street going South;
said point of Intersection being the Norlthwest corner of said 25 acre
tract of land, and Northwest corner of s!aid City Block No. 318; also,
said 1/2" R. S. Rod (found) being the Noirthwest corner of a called 2
acre tract of land described in Deed to iJames W. Yancey and Jack E.
Henderson (Vol. 385, Page 178
Thence S 1' 41' 00" W, a distance of 38~.920 feet to a 5/8" dia. R.
Rod (set) at the Southeast corner of saild called 1.497 acre tract of
land, and Southwest corner of said 2 acde tract of land, in the North
line of Loop Highway No. 286 NE;
Thence N 73' 19' 00" W, along the Northiline of said h~ghway, a
distance of 136.430 feet to an X marked~on the concrete at an angle
po nt; and an inner corner of said 1.49~ acre tract of land;
Thence N 54' 51' 00" W, along the North!line of said highway, a
distance of 57.630'feet to a 5/8" dia. R. s. Rod (set) at the
Southwest corner of said celled 1.487 adre tract of land, in the
center of a 60 feet width Channel Easement; same being the Southeast
corner of a called 0.875 acre tract of ~and (TRACT 1) described
Deed to -Allen R. Ward (Vol. 305, Page 22 RP);
Thence N 1' 43' 16" E, a!.onB the center!of said Easement, a distance
of 319.665 feet to a 1/2 dia. R. S. Ro~.(found) at the Northwest
corner of said called 1.497 acre tract ~f ~snd, in the South line of
said Center Street; same being the Northeast corner of said 0.875 acre
tract of land;
Thence N 89' 43' 05" E, along the South[line of said Center Street,'a
distance of 179.752 feet to the place o~ beginning and containing
1.498 acres of land.
The bearings recited herein are based 06 the Deed cai! Of the East
line Of said called 1.497 acre tract of!land (S 1° 41 00" W).
Page NO. 2 of
All ~hmt certain tract or parcel of landlsitu&ted Ih Lamar CoUnty,
Texas, in the Northeast ~ar% of the cttylof Perlsl be ng part of the
Joseph Le~ch Survey, Abstract No 524; and being a~ of e called 1,497
ecre tract.of l~nd (TRACT 2) described 1~ Deed from Louise Add son
Teylor to Allen R. Ward~ deted the 8th dmy of July,' 1992, recorded'In
VoLume 305, Page 22~ Re~ Property Records of Lam~r County~ TexSs~
said-1.497 acre tract of land being p=rtlof a c=lled 25 acre tracb'o~
land debcrlbe~ in Deed to Bruce Ray (Vo1~'260 Page 84 DR)~ also belng
pert of City Block No. 318;' said 1.497 abre tract of lend being more
psrticulerIy described as follows, to-wi~:
Beginning at a 1/2" die. R. S. Rod (foun
said called 1.497 acre tract of land, in
8treet~ end North line of said 25 acre t
43' 05" E, 324.64~ feet from the point o
line of Center Street, with the East Ii~
said point of Intersection being the Nor
tract of land, and Northwest corner of s
Rod (found) bein~ the Nc
~) et the Northeast corner of
the South line of Center ·
-Sci of Isnd;' same being N 89
~ Intersection .of the South
e of a Street going South;
~hwest corner of s~id 25 acre
aid City Block No. 318; also,
said 1/Z" R.S. .thwest corner of
acre tract of land described in Eeed. to James W, Yancey and Jadk
Henderson (vol. 385, Page 178 RP); ! .
Thence S 1' 41' 00" W~ a '~Tstance of 39~/920 feet to a 5/8" di~, R,
Rod (set) at the Southeast*corner of sa~d called 1.497 acre [rect of
lend~ and Southwest corner of said 2 ac~e tract of [end, in the North
line of Loop Highway No. 286 NE;
Thence N 73' 19' 00" W, aion~ the Non~hiline of s~id highway~
distance of 136.430 feet to an X merk~dlon the concrete at an
point; and an Inner corner of sa~ 1.497 acre tract of [and;
Thence N 54; 51' 00" W, along the, Northi line,, . , of said' hlghway~
distance of 57,630 feet to a 5/8 d~a, IR, S. Rod (set) at the ·
Southwest cor~er of said called 1,497 ~cre tract of [and~ in the
center of a 60 feet width Channel Easement; same being the Southeast
.corner of a called 0.875 acre tract of!land (TRACT 1) described in
Deed to ALlen R. Ward'(Vol, 305,,,Page 12 RP);
16" E along the cente~ of sa d Eesement a distance
Thence N 1' 43' to a 1/2" dia.' R. $. R~d (found) a~ the Northwest
of 319.665 feet
corner of said called 1.497 ecre traCtlOf land, In th South line of
sa d Center S~reet; same being th~ Northeast corner of said 0,875 acre
tract of lend; . ..
Thence N 89~ 43' 05" E, along the $out~ ~ine of seid Center Street~ a
distance of 179.752 feet to the place pf beginning and containing
1 498 acres of land. * !
The beerinBs recited herein are based ~n the Deed call of'the East
line of said called 1.4g? acre tract o!f land (S 1° 41' 00" W).
EXHiBiT
PZa! and Field Noles oF a Survey oF a 1.498 aore~tra¢) oF laad oul of the Joseph Leech Survey.
(Gravel)
(ca]li: 1.497 Ac.I(TRACT 2)
AllenI R. Ward
Vol. ~505. Page 22 RP
~EXACO
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April 21. Igg9 0 ~ PaSe
Up-~ated April 5, 200~/ GH ~4 ¥q
PARIS SHORT STOP NO, 2
3005 Loop 286. N.E.. Paris. Tex<~ 754.60
ROYCE D,'HAMMETT ]
WARRANTY DEED
Date: April 3, 2000
Grantor: Ross Ward, being the same person as A. Ross Ward
Grantor's Mailing Address:' [include county]
427 NW Front Slxeet
Dekalb, Bowie County, Texas 75559
Grantee: TWT Holdings, Ltd., a Texas limitexl partnership
Grantee's Mailing Address: [include county]
2103 Chestnut
Brookston, Lamar County, Texas 75421
Consideration: Ten Dollars ($10.00) and other gOod and valuable consideration, the receipt
of which is hereby acknowledged;
Property (including any improvement.s): ,
|
See F_~hibit A attached hereto and incorpora(ed herein for all intents and purPoses.
Grantor, for the Consideration grants, sells, and~onveys to Grantee the Property, together
· with all and singular the rights and appurtenances ~ereto in any way belonging, to have and to
hold it to Grantee and Grantee's heks, successors, ~ad assigns forever. Grantor binds Grantor
and Grantor's heks and successors to warrant and ~orever defend all and singular the Property
to Grantee and Grantee's heks, successors, and ~ssigns against every person whomsoever
lawflilly cli~im.ing Or to claim the same or any pat thereof.
When the context requires, singular no.)im~d'~ans include the plural.
Ross W trd, being the same person [~s
A. Ros~ Ward '
~ STATE OF Tt/X. AS §
COUNTY ~ OF LAMAR §
This instrument w~ ~cknowlcdged before me on thc 3rd day of April, 2000, by Ross
Ward, ~i~_ g_~e~sa~ e~oss Ward.
e _. ? .............. :::: ::~ ~otary .~ot~c, State(.o~Texas
After recording, return to:
' TWT Hold/rigs, Ltd.
Attention: Brant Waller
2103 Chestnut
Brookston, TX 75421
SU.~V~y CERTIFICATION
The undersigned, Royce D. Hammett, being duly sworn, hereby deposes
and says as follows:
1, I am a registered and licensed survelyor in the State of Texas
.(the "State").
Short Stop No. 2, a legal descriptio of which is attached as
Schedule A Cthe Property).
3. I personally inspected and have madei a careful survey of the
property upon the ground and at eas~ in accordance with the ·
minimum standards for surveyors established by the State and wi'th
the "Minimum Standard'D'etaiI, Require~ents for ALTA/AOSM Land Title
Surveys jointly established; and adopted ALTA and ACSM in 1993 and
meets the Accuracy Standards (as adopted by ALTA and ACSM and in
effect on the date of this certification) of an Urban Survey, with
accuracy and precision requirements ~odified to meet current
minimum angular and linear tolerancelrequirements of the state in
which the subject property is Iocate~, and contains Items
1,2,3,4,6,7(a),T(b)(1),8,9,10,11,13,~of Table A thereto.
4. The survey correctly shows the location of all buildings,
structures and other improvements situated on the property.
5. I have received and reviewed a titlelcommitment, certificate of
title or title report (the "Title Commitment") for the Property,
together with underlying documents therto (collectively, the
"Record Documents") as prepared Firs~ American Title Company
(the "Title Company'"}.
6. The property depicted in the survey ts the same property described
in the Title Commitment. I have plotted on the survey or noted the
effect of all easements, covenants a~d restrictions referenced in
the Title Commitment or with respectlto which that I have been
advlsed or have knowledge.
7. Except as shown on the survey, (I) alii utilities serving the
Property enter through adjoining public streets and/or easements of
record, (11) there are no visible easements or rights-of-way across
the property, and (111) there are noiencro&chments onto adjoining
premises, streets or alleyways by an~ buildings, structures or
other improvements situated on adjoiding premises
8. If applicable, the survey locates any current flood zone
designation by the Secretary of Housing and Urban Development
within which the Property, or any po~t on thereof (such
identificatlon being by flood insuradce rate may number, date,
community number}.
9. The Property has direct physical ingress and egress to Loop Highway
No. 286, a public street of highway. I
10. If appJicable~ the number of stripe~ parking spaces located on the
Propery is 23, which are d[picted o~ the survey.
11. The survey is certified to the follqwin~: (J) Enterprise Hortgage
acceptance Company, LLC, doing business in the State of Texas as
SAUGATU~K ENTERPRISE CORP., its sucdessors and/or assigns, (ii)
First American Title Insurance Compahy (iii) TWT Holdlngs~ Ltd.
12. The Flood Zone ~s "C' as per Flood H~p No. 0002 B, Community No.
480427, dated December 15, 1983, whlbh is classified as an area
determined to be outside the lO0-yeaH flood plain. This Property
is not located in a Flood Hazard zonb.
13. The property is currently zoned C, which is classified as
Commercial District. This is the correct zoning for the property's
~oyce~. Hammett '
Re~ist~r Professional Land