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05&06 Giberson ZoningDRAFT F:ALICE\ORJ)WOR1GCURiZENT\3 7 02 Zol~lg Ords Mm'ch 4, 2002 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. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOME ON LOT 39, CITY BLOCK 83, REQUESTED BY MELISSA GIBERSON, AGENT FOR NORMAN GIBERSON, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOME SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING 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 DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOME be, and the same is hereby, established on LOT 39, CITY BLOCK 83, on behalf of MELISSA GIBERSON, AGENT FOR NORMAN GIBERSON, OWNER, so as to include in such ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOME the hereinafter described property, which was formerly and is presently designated as a TWO-FAMILY DWELLING DISTRICT (2F), and that the boundaries of said ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MANUFACTURED HOME 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 in the City of Paris, being the same property described in deed from Betty Guerra to Norman Giberson recorded September 13, 2001, in Volume 1112, Page 253, Real Property Records of Lamar County, Texas, and being more particularly described as follows: BEGINNING at a stake in the north boundary line of W. Cherry Street a distance of 249 feet west of the intersection with the west boundary line of 9th Street N.W. (formerly Wright or Connor Street), which is the southwest comer of a lot conveyed by J. T. Henley to T. O. Henley; THENCE North a distance of 150 feet to a stake, said T. C. Henley's northwest comer and the northeast comer conveyed by J. T. Henley to said Stone; THENCE North 5 Deg. East a distance of 68 feet to a stake in the south boundary line of a 20 foot alley, being the northeast comer of the lot conveyed to said Stone by L. H. Guthrie and wife; THENCE West with the south boundary line of said alley a distance of 12 feet to a stake in the east boundary line of the CC and SF Railroad Company's right-of- way, the northwest comer of the Guthrie-Stone lot; THENCE in a southwest direction with said right-of-way, a distance of 74 feet to a stake in the southwest comer of the Guthrie-Stone lot; THENCE continuing in a southwest direction with the east boundary line of said right-of-way to a stake in the north boundary line of Cherry Street, the southwest comer of the lot conveyed by J. T. Henley and wife to Stone; THENCE East with the north boundary line of said street a distance of 101 feet to the place of beginning, and being number 956 W. Cherry 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 April 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 7th day of March, 2002. ATTEST: Michael J. Pfiester, Mayor Thomas E. Haynes, Assistant City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney · SHILOH - C ZONING CHANGE REQUEST MELISSA GIBERSON 956 WEST CHERRY DICKSON ERRY MARCH 4, 2002 AFFIDAVIT REQUEST FOR AMENDMEN¥ TO ZONING ORDINANCE NO. 1710 sTATE OF TEXAS COUNTY.OF LAMAR BEFORE ME, tile undersigned authority, on UHs day personally appeared ROBERT & MELISSIA GIBERSON , who upon oath deposes un'd says: "I am MELISSA, GIBERSON , and my address ts PHONE NUMBER 903-886-3088 40 BIL~qDING IRON, COI~YlERCE, TX 75428 and I have a proprietary Interest in property ]Beefed wi%bin the corporate limits of the City of Paris being described as follows: LOT 39 CITY BLOCK 83 956 WEST CHERRY "My tnterest tn the above described property Is AGENT FOR OWNER and I do reques~ u change tn zoning From TWO FAMILY DWELLING (2F) District to ONE FAM. ILY DWELLING NO. 3 (SF-3) District. WITH SPF_CI~IC USE Fb.}(~lll. (,s~) ~IAPH-RLIU{~ED HOME "In support of said request I make tile Following answers to questions 1. Will the re-zoning be tn accordance wit{{ Urn'original comprehensive zoning scheme, as represented by tile pre-establi'shed zoning ordinance and the long range master plan .and Inap that {las been adopted by the zoning ordinance? YES 2. Will tile re-zoned designation be compatible with tile classification and use of adjoining lands sq as to avoid adverse impact on neighbors? YES 3. Is Um tract unsuitable for uses permitted under tile present zunin~ c]ass- if{cation; Umrefore Justifying a chun0e in'zoning? N0 4. Does tile re-zoning bear a substantial rela'tlonship to the public health, safety, morals or general welfare or protect and preserv~ bIstortca{ .and cultural places and areas or meet a substantial public need? YES , 5, BAS A ~QPY' pi: THE {'AND DEED BEEN'SUBMITTED? , St~Tfi~ture of Applicant SWORN TO AND SUBSCRIBED BEFORE HE, by the said MELISSA GIBERSON this llth day of rrRmrAn¥ ,~0 02 · I~attle I;unnlngllum, I;lty t;le~{k - · Hoary Public, State of Texas [~f~*t NOTARY puBLIc t I Norman Giberson, hereby give Robert D.Giberson and Melissa V. Giberson permission for rezoning the lot that I own. I fully understand that it will be for 956 West Cherry Street. Signed this ~ day of~l~3c~x&c~ 2002 J Norman Giberson Melissa Giberson WARRANTY DEED STATE OF TEXAS § COUNTY OF LAMAR KNOW ALL MEN BY THESE PRESENTS: THAT, BETTY GUERRA (collectively, "Grantor"), for and in consideration of the sum of TEN AND NO/100THS ($10.00) DOLLARS, and other valuable consideration paid by N~£ma~ GJbcr$0n (collectively, "Grantee"), the receipt and sufficiency of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY unto Grantee, all of the real property in Lamar County, Texas, described in Exhibit A, attached hereto and made a part hereof, together with all and singular the benefits, privileges, easements, tenements, hereditaments and appurtenances thereon or in any way appertaining thereto, and any and all right, title and interest of Grantor in and to adjacent roads and rights-of-way (collectively, the "Property"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any way belonging, unto Grantee and Grantee's successors, assigns and/or heirs, and Grantor hereby binds Grantor and Grantor's successors, assigns and/or heirs to WARRANT and FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors, assigns and/or heirs, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Grantee assumes payment of all taxes for the current and subsequent years, 200] not yet due and payable. EXECUTED this day o~/~ 2001 A part of the Ace Jarman Survey in the City of Paris, Texas; BEGINNING at a stake in the NB linc of West Cherry Street 249 feet West of the intersection with the WB llne of 9th Street N. W.; (formerly Wright or Connor Street) which is the Southwest corner of a lof conveyed by j. T. Henley to T. O. Henley; THENCE North 150 Feet to a stake, said T. C. Henley's Northwest corner and the NOrtheast corner conveyed by J. T. Henley to said Stone; THENCE North 5 degrees East 68 feet a stake in the SB line of 20 foot alley, the Northeast corner of the lot conveyed to said Stone by L. H. Guthrie and wife; THENCE West with the SB line of said alley 12 feet to a stake in the EB line of the CC and SF Railroad Cor~pany's Right of Way, the Northwmst corner of the Guthrle-Stone lot; THENCE in a Southwest direction with said Right of Way, 74 feet to a stake in the SW corner of the lot conveyed to Stone by Guthrie and wife; T~ENCE continuing in a Southwest directfon with the EB line of said Right of Way to a sta~e in the NB line of Cherry Street, the SW corner of the lot conveyed by J. T. Henley and Wife to Stone; THENCE East with the NB line of said Street 101 feet to the place of beginning. GPJ~gTEES RETURN ADDRESS: (Acknowledgment) STATE OF TEXAS § '. COUNTY OF ~ /A_This instrument was acknowledged befor~ me on_the __ day of~~__, 2001 by BETTY GUE~,.._t ~ ,~ ~-- M¥~qo~mm~ss~on expires: N~T~RY%pUBLIC STATE OF TEXAS GRANTEES RETURN ADDRESS: SEPTEMBER 8, 2001 TO WHOM IT HAY CONCERN: NORMAN GIBERSON IS PURCHASING THE PROPERTY LOCATED ON 956 W. CHERRY, PARIS, TEXAS FROM BETTY GUERRA. WITH THE UNDERSTANDING THAT MR. GIDERSON IS PAYING A DOWN PAYMENT OF $100.00, WHICH IS TO BE PAID TODAY, SEPTEMBER 8, 2001. THE MONTHLY PAYMENTS ARE IN THE AMOUNT OF $300Q00. THE PAYMENTS WILL BE DUE ON 10th OF EACH MONTH. THE FIRST PAYMENT IS DUE ON .OCTOBER 10, 2001. THE PAYMENTS ARE TO BE MADE TO BETTY GUERRA. MR. GIBERSON IS RESPONSIBLE FOR THE CLEAN UP, WHICH IS TO BEGIN MONDAY, SEPTEMBER 10, 2001.