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03&04 Sugg ZoningDRAFT G:WttorneyW.ICEVORDWO~CURRENT\4402 Zoning Ortls.wptl ApN 1, 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 TWO-FAMILY DWELLING DISTRICT (2F) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER ON LOT 30, CITY BLOCK 252, REQUESTED BY JULIA SUGG, AGENT FOR BURL ROBISON AND MARJORIE A. ROBISON, OWNERS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO-FAMILY DWELLING DISTRICT (2F); DESIGNATING THE BOUNDARIES OF THE TWO-FAMILY DWELLING DISTRICT (2F) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER 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 ofthe City ofParis did subsequently conducta public hearing on the aforesaid proposed amendment to the City zoning ordinance, and having considered the recommendations ofthe 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 ofthe City ofParis, 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 to 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 TWO- FAMILY DWELLING DISTRICT (217) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER be, and the same is hereby, established on LOT 30, CITY BLOCK 252, requested by JLTLIA SUGG, AGENT FOR BURL ROBISON AND MARJORIE A. ROBISON, OWNERS, so as to include in such TWO-FAMILY DWELLING DISTRICT (217) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER the hereinafter described property, which was formerly and is presently designated as a TWO-FAMILY DWELLING DISTRICT (217), and that the boundaries of said TWO-FAMILY DWELLING DISTRICT (217) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER be, and the same are hereby, established as follows: SITUATED within the corporate limits ofthe City ofParis, County ofLamar, and State of Texas, being a part of the George W. Cox Survey, located on the north side of Polk Street, being Lot 30, City Block 252, and being a part of the Second Tract of land described in deed from George Phillips and wife, Bamma Phillips, to H. C. Slate and wife, Mildred Slate, on March 8, 1946, recorded in Volume 288, Page 166, Lamar County Deed Records, also being the same property described in deed from H. C. Slate and wife, Mildred Slate, to Miller L. Pirtle and wife, Phoniel Pirtle, dated September 30, 1946, recorded in Volume 293, Page 361, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a stake on the north side of Polk Street, same being the southwest corner of the above-described tract THENCE East with the north boundary line of Polk Street a distance of 50 feet to a stake; THENCE North a distance of 195 feet to a stake; THENCE West a distance of 50 feet to a stake; THENCE South a distance of 195 feetto the place ofbeginning, and being the same property described in deed from Miller L. Pirtle and wife, Phoniel Pirtle, to Burl Robison and wife, Marjorie Ann Robison, recorded July 28, 1959, in Volume 361, Page 161, Lamar County Deed Records, reference to which is hereby made for all necessary purposes, being number 1801 Polk 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. Thatall ordinances or parts ofordinances in conflictherewith are hereby expressly repealed. Section 6. That this ordinance shall become effective May 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 4th day of April, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney APRIL 1, 2002 JULIA SUGG SPECIFIC USE PERMIT REQUEST AFFIDAVIT REQUEST FOR AMENOMCNT TO ZONING ORDINANCE N0. 1710 STATE OF TERAS COUNTY •OF LMIAR j UEFORE ME, the unJersigned authority, on thls day personally appeared .TULIA SUGG wlio upon oath deposes and says: I aiii dULIA SUGG ~ and my address is PHONE NUMBER 903-784-2980 RT. 1, sOX 289, SUeuaEx, 2X 75486 and I liave a proprletary neresE- in praperty located within the corporate limits oF the Cily oF Paris being Jescribed as foltows: Lox 30, ciTx eLOCx zsz 1801 POLK "My lnterest in the abave described property is AGENT and I Jo request a change in zoning from TW0-FAMILY DWELLING District to TWO-FAMILY DWELLING (2F) DISCY1Ct. CENTER "in support of said requesC I make the following answers to questions 1-4; 1, WI11 the re-zonin9 be in accordance witli tlie'ort9lnal conipreliensive zontny sclieme, as represented by the pre-establislieJ zoning orJlnance and the long range master plan.anJ inap tliat lias been adoryteJ by the zoning ordlnance? YES 2. W111 the re-zoned desi9natton be compntible wltli tlie classification and usa of adT lning lands so as to avoid adverse impact on nelglibors7 YES 3. Is the tract unsuitable for uses pernil tteJ unJer the present zoning class- lflcatlon; tliereFore ,1ust9fying a chan9e in'zoningi No 4. Ooes the re-zoning bear a substantial relatlanslilp to the public liealtli, safety, morals or general welfure or protect and preserve liistorical .and cultural places and areas or meet a subsCantial ryubiic neeJ7 xas 5, HAS A GOPY OF THE CAND DEEO DEEN'SUDMITTED7 xss ure of llpplicyl~t- SWORN TO IIND SUUSCRIOED CEFORE ME, by the saiJ JULIA SUGG this sxtt day of MARCH , 2p 02 . FILED: ZOO2 ItTTU-=W"*W~ , ^ y CY !'di r "u& V. C0or.Ur'„,-- rVary ruuitc, s wce ar iexas JANICEL.WORTHAM NOTARY PUBLIC s. ~ • STATE OF TEXAS MV ~omm. Exo.05d2-2005 160-WAHRAHTV DEEO (Wii14 V[nooh _tLx) TcXAcSiAnonnDFOnw ul 41P ikM#P IIf U, PxFIfi, ! ~Knnw .~ll lfl~en hg C t~exir Prrsen#s: (Qnunty nf LAt~tnR. ~ That WE, MILLER L. PIRTLE and wife, PHONIEL PIRTLE, of the County o[ LUBHOCK, State of TEXAS for and in consideration oFthesumof FORTY-EIGHT HUNDRED artd N01100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ($4,$00.00) DOLi.nRS to us paid, and secured to be paid, by BURL ROBISON and wife, MARJORIE ANN ROBISON, as foilows: $300.00 in cash, receipt acknowledged, $3,600.00 advanced by First Federa] Savings and Loan Association of Paris at the special instance and reqtnst of grantees, receipt acknowledged, evidenced by the vendorTS lien note of grantees for $3,600.00 of even date herewith, payable to the order of the said First Federal Savings and Loan Association of Paris, due in monthly installments of $31•36 each, the first installment due August 23, 1959, and a like installment due the 23rd day o£ each succeeding month there- after until said note, both principal and interest, is paid in full, with interest at the rate of 61 per cent per anniun £rom date, and of such in- stallments the interest is to be deducted first and the balance applied against the principal, such note providing the usual 10% attorneys fees if placed for collection or if collected by law, the vendorTS lien re- tained herein to secure the payment of said note being hereby assigned to said First Federal Savings and Loan Association of Paris which is subro- gated thereto and $900.00 evidenced by the second vendor*s lien note of grantees for i900.00 of even date herewith, payable to the order of Mil- ler L. Pirtle, due in monthly installments of $10.00 each, the first in- stallment due on or before August 23, 1959, and a like installment due on or be£ore the 23rd day of each succeeding month thereafter until said note, both principal and interest, is paid in full, and of such install- ments the interest is to be paid first and the balance applied against the principal, such note providing the usual 10% attorneys fee if placed for collection or if collected by law, the vendor+s lien is reLained to secure the payment of said second vendor's lien note herein, such second vendorTS lien note being second, subordinate and inferior to the above said note payable to the order of First Federal Savings and Loan Associa- tion of Paris, and in further consideration of the assumption by grantees of all taxes legally and validly assessed for the year 1959 against the hereinafter described lands and premises, have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said BURL ROBIISON and wi£e, MARJORIE ANN ROBISON, ~p of the County of- LAMAR State of TERAS~ 9bMbxVM0== All that certain lot or tract of land situated in Lamar County, Texas, and described as follows: A part of the George W. Cox Survey, located on the North side o£ East Polk Street within the City o£ Paris, Texas, and being a part of the Second Tract of land described in deed from George Phillips and wife, Bamma Phillips, to H. C. Slate and wife, Mildred Slate, on March 1946, recorded in deed boolc 2$$, Page 166, Lamar County Records. BEGINNING at a stake on the North side o£ East Polk Street, same being the SW corner of the above described tract. TFiENCE East with the NS line o£ Polk Street 50 feet, a stake. THENCE Morth 195 feet, a stake. THENCE West 50 feet, a stake. THENCE South 195 feet to the place o£ beginning; and being the same property described in deed from H. C. Slate and wi£e, Mildred Slate, to Miller L. Pirtle and wifa, Phoniel Pirtle, dated September 30, 1946, recorded in Deed Book 293, Page 361, Lamar County Records, reference to which is here made for all'ilecessary purposes. a TO HAVE AND TO HOLD the above described premises, mgether with all and singular,the righta and appurtenancu thereto in anywise belonging unto the said BURL ROBISON and wife, MARJORIE ANN ROBISON, their heirs and assigns forevcr and w0 do hereby bind ourselves, our heirs, executors and administrators, to Warrant and Porever Defend, all and singular thc said prcinises untochesaid BURL ROBISON and wife, MARJORIE ANN ROBISON, their heirs and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any par[ thtreof. - are Buf it is expressly agrced and stipulated that the Vendor:s LieiSfsK rctaincd against the above described property, premises and improvements, until the above described noteS, and all interest thereon are fully paid according to their Eace *and tenoq effect and reading, when this deed shall become absolute. . WITNESS OUx' hand 3 xs this 23rd` day oE July K-X iv 5 ~eP' tl D,~~~~ Phoniel Pirtle a ~ a~ F w a t!l ~ N ~ .~o .4 E W"f tY > a k a a a H ~r O ~ !5 I u ~ a x a i W `o a w T N~ ti H ^ g \ ~ s Q ` p c4 a S 1 1 ~ ) V ~ i ~ F C a 1 ~ v LO ; gz ~ wW V ~Y ~ ?U oiT C ~C ~ a ~ aa ° W ~ ~ F F a a ~ H q w COUNTY OF BEFORE MB, the undcrsigned, - :ount~ - I appcarod known to me b be the penon whose namc •d-A tn mc that hc exccuted the sam< for the purposea GIVEN UNDER MY HAND AND SEAL OF OFFI• (L. S.) WIPE'S SCPAINTE ACKNONLCDGMF.NT THE STATE OF TEXAS, ~ COUNTY OF BEFORE ME, the undereigned, a Notary Public iu and for aaid County and SWh, on this day personatly apPearcd wife oE , known to me to be the person whose name ia au6scribed to the foregoing insVUmenq and having been examined by me privily and apart irom Ner husband, and having the same Euily <xylained fo her, she, the aaid eeimowledg<d such imtrumene to be her act and deed, and she deciarcd that ahe h m for the s purposea and considention therein expressed, and thal sh< did mt wish to reVact it. ' GIVEN UNDER MY HAND AND SEAL OP OFFICE, this the d: - 19 ~ (L. 5.) No[ary Pubiic in and for County, Texaa JOIMl' ACKIYOWLEDChIC11T THE sTnTE or zEXAs, ~ COUNTY OF LUBBOCK. DGFORL ML, the mdersiyned, a Notary Pu41ic in and fot uid County and Sbtc; on thu day pcrsomlly appeared MILLER L. PIRTLE avd PHONIEL PIRTLE , hia wite, both knowv ro me ro be ehe peroom whoae namea are aubscrib<d to the foregoing imtrumenq and acknowledged ro me [hat lhey wch exewted the same for the purposes and consideration th<rein ezpresaed, and the said P.HONIEL PIRTLE , wife af m= ,ua MILLER L. PIRTLE having 6een examined by me privily and apart from her husband, and having the same fully expiained eo hery shq the aaid PHONIEL PIRTLE wknowledged au<h inatrument to be Ler act and deed, and ahc dedared that she had willingly nigned the same for the purposes and considention th<rcin exprcssed, and that she did not wish W retraet it ' GIVEN UNDER :SY HAND AND SEAL OF OPPICE, thia the -43A.Wday oE JULY, A. D. 1959. (L. 5.) . ~:~i.y.~J./:J..Y_.i ' Notary Publie in ~na for LUBBOCK County, Tezaa THE STATE 0,FTEW , ~ COUNTY OFta I EiEREBY CERTIPY that ffie foc<goin~g awment of writing witL ita eertificate of aulhrneication, was d Eor recard in my u1fice on the a~ day oF A. D. 19-rf at a.,eX4'cloek If., and was duly remrded by me on the ~~day of V A. D. 19~ in vol. 3 6 i, Pae= /(p / , oE the Remrda of said County. ~j " WITN$SS MY HAND aud the Seal of the Cou¢ty Court oE said Couvty, at my office in l'~ oy~~2rri i the day nnd ywr last above wriucn. (L s.) . County erk County, Texaa By............. Ar~._~~R......... ~.~F........ , Deputy. We, the undersigned, give permission to Julia A. Sugg and Laura Lovelace Dunn to speak for us at the Planning/Zoning meeting and City Council meeting in reference to changing the zoning of our property located at 1801 East Polk Street, Lamar County, Paris, Texas, for the purpose of establishing a neighborhood day care center at that location. Burl P. Robison ,9521 Marjorie A. Robison o Witness: 7, ~p ' ~ '\/'1•J + sJ/m-2002 EYER LIC AS 1-2002 Date: ~ S- D 2 Date: -3- J`- e5 ~