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03&04 Swindle ZoningDRAFT F:ALICE\ORDWORK\CURRENT\ 7-8-02 Zoning Ords July 3, 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 NEIGHBORHOOD SERVICE DISTRICT (NS) ON LOT 5, CITY BLOCK 226-A, ON PROPERTY BELONGING TO DONNA SWINDLE, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A TWO- FAMILY DWELLING DISTRICT (2F); 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 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 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 NEIGHBORHOOD SERVICE DISTRICT (NS) be, and the same is hereby, established on LOT 5, CITY BLOCK 226-A, on property belonging to DONNA SWINDLE, 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 (2F), 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 George W. Cox Survey, being Lot 5, City Block 226-A, and being more particularly described as follows: BEGINNING at a stake in the west boundary line of 22nd Street S.E. (formerly 37th Street) at a point 68 feet north of the northeast corner of the lot described in deed to Emma J. Waters, recorded in Volume 222, Page 637, Lamar County Deed Records; THENCE North with the west boundary line of 22nd Street S.E. a distance of 60 feet to a stake at the southeast corner of Lot 6, City Block 226-A; THENCE West with the south boundary line of said Lot 6 a distance of 150 feet to a stake at its southwest corner; THENCE South a distance of 60 feet to a stake at the southeast corner of Lot 5, City Block 226-A and the northeast corner of Lot 4 of said Block; THENCE East with the north boundary line of said Lot 4 a distance of 150 feet to the place of beginning, being the same property described in deed to William Edward Thomas, Jr., dated March 21, 1997, and recorded in Volume 675, Page 218, Lamar County Real Property Records; being the same property also described as Lot Seven (7) of the Simpson Place Addition, according to a plat of such Addition recorded in Volume 1, Page 76, Lamar County Plat Records; reference being made to all the above-mentioned instruments and records for all necessary purposes; and being number 664 22nd Street S.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 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, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 8th day of July, 2002. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney 6-26-02 This is a signed Igtition of thos~ wishing NOT to haw Lot 5 City Block 226-A (664 22~ S.E. Stroot) bo zonod as a Noighborhood Sorvic~ Diatriot. Wo havo many issuos and oonogms about such zoning that caus~ us NOT to b~ in favor of a zoning ohang~. IfI (we) signed Ms. C,-ibberson-Swindlc's petition in tlg weeks previous, I (we) wish to l~vc my (ou~) name~s) removed from such petition and imtcad addexl to thc i~tition in favor of NO ~oning change. DONNA SWINDLE ZONING CHANGE REQUEST JULY 1, 2002 AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS § COUNTY OF LAMAR § BEFORE ME, the undersigned authority, on this day personally appeared DONNA SWINDLE "',who upon oath deposes and says: '1 am DONNA SWINDLE and my phone number is 783-0269 located within the corporate limits of the City of Paris being described as follows: LOT 5, CITY BLOCK 226-A 664 22ND STREET SE 'My interest in the above described property is OWNER and I do request a change in zoning from TWO-FAMILY DWELLING (2F) District to NEIGHBORHOOD SERVICE (NS) District, and my address is 664 22N° STREET SE and I have a proprietary interest in property 'In support of said request I make the following a1~swers to questions 1-4: 1. Will the re-zoning be in accordance with the odginal comprehensive zoning scheme, as represented by the pre-established zoning ordinance and the long range master plan and map that has been adopted by the zoning ordinance? YES 2. Will the re-zoned designation be compatible with the classification and use of adjoining lands so as to avoid adveme impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning classification: therefore justifying a change in zoning? NO 4, Does the rs-zoning bear a substantial relationship to the public health, safety, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES Sigfi~.tur~ of Applicant SWORN TO AND SUBSCRIBED BEFORE ME, by the said thisl0th day of June ,2002 . Matti~Cunningham, Ci~ Clerk \ - DONNA SWINDLE , l~btary Public, State of Texas ~t~,wo~ WARRANTY DEED THE STATE OF TEXAS COUNTY OF LAMAR (with Vendor's Lien) KNOW AT,T, MEN BY THESE PRESENTS: TF~%T WE, WILLIAM EDWARD THOMAS, JR. and wife, DEBORAH K. THOMAS (herein called "grantors"), of the County of Lamar, State of Texas, for and in consideration of the sum of Ten ($10.00) and more Dollars cash to us in hand paid ~y DONNA J. GIBERSON, receipt of which is hereby acknowledged; and Twenty-~even thousand and no/100 ($27,000.00) Dollars paid by FIRST FEDERAL COMMUNI~"f BANK, Paris, Texas, for the grantee herein at her special instance and request, which sum of $27,000.00 is evidenced by vendor's lien note executed by grantee herein, payable to FIRST FEDE~%L COMMUNITY BANK as therein provided, secured by the vendor's lien herein retained and additionally secured by deed of trust to Richard M. Amis, Trustee, for the benefit of the holder of said note. The vendor's lien herein retained is hereby transferred and assigned to FIRST FEDERAL COMMUNITY BANK, Paris, Texas, and it is subrogated to all the rights thereto as if it were the original grantor herein; and Five thousand and no/100 ($5,000.00) Dollars paid by the TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, Austin, Texas, for the grantee herein at her special instance and request, which sum of $5,000,00 is evidenced by vendor's lien note of grantee herein, payable to the TEXAS DEPARTMENT OF HOUSING ~ COMM~TNITY AFFAIRS as therein provided, secured by the vendor's lien herein 1 retained ~nd additionally secured by deed of trust of even date therewith to Larry Paul Manley, Executive Director, for the benefit of the holder of said note. The vendor's lien herein re- tained is hereby transferred and assigned to the TEXAS OF ROUSING AND COMMUNITY AFFAIRS, Austin, Texas, and it is sub- rogated to all the rights thereto as if it were the original grantor herein; this note being SUBORDINATE AND INFERIOR to the above mentioned note for $27,000.00 payable to FIRST FEDERAL COMMUNITY BANK, Paris, Texas, and to all renewals and extensions of same, partial or otherwise; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto DONNA J. GIBERSON, a single person (herein called "grantee"), of the County of Lamar, State of Texas, where her mailing address is 664 22nd Street SE, Paris, Texas 75460, all that certain tract or parcel of land in Lamar County, Texas described as follows: Lot Seven (7) of the SIMPSON PLACE ADDITION within the cor- porate limits of the City of Paris, a part of the GEORGE W. COX ,SURVEY, according to plat of such Addition of record in Book 1, Page 76, Lamar County Plat Records; described by metes and bounds as follows: BEGINNING at a stake in the WB line of 22nd Street SE (for- merly 37th Street) at a point 68 feet North of the NE corner of the lot described in deed to Emma J. Waters, of record in Book 222, Page 637, Lamar County Deed Records; THENCE NORTH with the WB line of 22nd Street SE 60 feet, a stake at the SE corner of Lot Eight (8) of the Simpson Place Addition; THENCE WEST with the SB line of Lot Eight (8) 150 feet, a stake at its SW corner; THENCE SOUTH 60 feet, a stake at the SE corner of Lot Seven (7) and the NE corner of Lot Six (6) of the Simpson Place Addi- tion; THENCE EAST with the NB line of said Lot Six (6) 150 feet to the place of beginning, and being the same property described in 2 deed to William Edward Thomas, Jr. dated March 21, 1997, of record in Book 675, Page 218, Lamar County Real Property 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 anywlse belonging unto DONNA J. GIBERSON, her heirs or assigns forever; and grantors hereby bind themselves, their heirs, executors, administrators, personal representatives, successors and assigns, to Warrant and Forever Defend, all and singular the within described property and premises unto DONNA J. GIBERSON, her heirs and assigns, against every person whomsoever lawfully 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 aforesaid against perty, premise and improvements until and all interest thereon, are fully paid and tenor, effect and reading, when this lute. WITNESS our hands this the within described pro- the above described notes, according to their face deed shall become abso- day of November, 1998. WILLIAM EDWARD THOMAS, 3 THE STATE OF TEXAS ) COUNTY OF LAMAR ) THIS instrument was acknowledged before me on the ./~ day of November, 1998, by WILLIAM EDWARD THOMAS, JR. and wife, DEBORAH K. THONIAS. Notary Pu/olic I Notary Public, StaGe of Texas AFTER RECORDING RETURN TO: Ms. Donna J. Gtberson 664 22nd Street SE Paris, Texas 75460 4