Loading...
02 P&Z Report (09/03/02) AGENDA REGULAR MEETING PLANNING AND ZONING COMMISSION TUESDAY, SEPTEMBER 3, 2002 5:30 O'CLOCK P.M. PARIS JUNIOR COLLEGE APPLIED TECHNOLOGY BUILDING, ROOM 1016 2400 CLARKSVlLLE STREET PARIS, TEXAS Roll Call 1. Approve minutes of the August 5, 2002 meeting. Public Hearing to consider the petition of Monte Moore for a change in zoning from an Agricultural District (A) to a Commercial District (C), Lot 5, City Block 294, being the 3300 Block of Center Street. Consideration of and action on the petition of Monte Moore for a change in zoning from an Agricultural District (A) to a Commercial District (C), Lot 5, City Block 294, being the 3300 Block of Center Street. Public Hearing to consider the abandonment of a street known as 3rd Street SE in the Texas & Pacific Addition beginning at the north boundary line of Paris Boulevard going North to Sycamore Street. Consideration of and action the abandonment of a street known as 3rd Street SE in the Texas & Pacific Addition beginning at the north boundary line of Paris Boulevard going North to Sycamore Street. Public Hearing to consider the abandonment of a street known as County Road 42602 and also known as Simmons Drive in the Suburban Estates and Noles Drive beginning at the west boundary of Mockingbird Lane going West approximately 150 feet to the end of said Simmons Drive. Consideration of and action the abandonment of a street known as County Road 42602 and also known as Simmons Drive in the Suburban Estates and Noles Drive beginning at the west boundary of Mockingbird Lane going West approximately 150 feet to the end of said Simmons Drive. 8. Consideration of and action on the recommendation of the Final Plat, Stone Ridge Phase I1. 9. Adjournment. POSTED CITY HALL ANNEX BULLETIN BOARD Auqust 30, 2002 AT O'CLOCK BY: Mattie Cunningham, City Clerk WITNESS: MINUTES OF THE REGULAR MEETING OF THE PLANNING AN]) ZONING COMMISSION AUGUST 5, 2002 The Planning and Zoning Commission met Monday, August 5, 2002, 5:30 P.M., Paris Junior College, Applied Technology Building, Room 1016, 2400 Clarksville Street, Paris, Texas with the following members present: 1. Reeves Hayter 2. Curtis Fendley 3. Barbara Forest 4. Eddie Vincent 5. Marshall Kent 6. Louis Yates, Jr. 7. Bobby L. Myers Steve Methven, the building official was also present. The meeting was called to order by Reeves Hayter. The minutes from the July 1, 2002, regular planning and zoning meetings were approved with a motion by Curtis Fendley and seconded by Bobby L. Myers. Motion carried by"a vote of 7 ayes and 0 nays. Public Hearing to consider the petition of Mack Ross for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a One- Family Dwelling District No. 3 (SF-3), Lot 5, City Block 294, being the 3000 Block of Aikin Drive. The public hearing was declared open. Mack Ross spoke in favor of the petition stating that he plans to do the same type of development that he requested last month, Single Family zoning with houses a minimum of 1200 square feet. There was no opposition, the public hearing was declared closed. Planning and Zoning Meeting August 6, 2002 Page 2 m Consideration of and action on the petition of Mack Ross for a change in zoning from a One-Family Dwelling District No. 2 (SF-2) to a One- Family Dwelling District No. 3 (SF-3), Lot 5, City Block 294, being the 3000 Block of Aikin Drive. Motion was made to approve by Bobby Myers and seconded by Eddie. Vincent. Motion carried by a vote of 7 ayes and 0 nays. Consideration of and action on the recommendation of the Replat, Lot 3, Block 1, Lane Place Addition, being number 1501 Martin Luther King, Jr. Drive. Motion was made to approve by Curtis Fendley and seconded by Bobby Myers, subject to the City Engineer's memo, dated August 5, 2002. Motion carried by a vote of 7 ayes and 0 nays. Consideration of and action on the recommendation of the Final Plat, Stone Ridge Phase III. Motion was made to approve by Eddie Vincent and seconded by Marshall Kent, subject to the City Engineer's memo, dated August 5, 2002. Motion carried by a vote of 7 ayes and 0 nays. Meeting adjourned at 6:15. Monte Moon,. Location: Lot 8 City Block 318 3300 Block of Center Street Zone change request from: Agriculture (A) to C0MMERC~^L (C) SEPTEIt)ER 3, 2002 Guest Bumett ' ' ' de~t~r ~t're;t 3300 Block of Center Str~et_L .... Moore ~Taylor \ ? ? C~ii~r Street Montgomery ! / Reno / / / / DRAFT s~l St SE Fads Bird-Sycamore Refer to F&Z Res August 8, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, REFERRING A REQUF~T BY ADJACENT PROPERTY OWNERS TO THE PLANNING & ZONING COMMISSION FOR THE ABANDONMENT OF A PORTION OF A STREET I~OWN AS 3RD STREET N.E.,IN THE TEXAS & PACWIC ADDITION BEGIIN'NING AT THE NORTH BOUNDARY LINE OF PARIS BOULEVARD GOING NORTH TO SYCAMORE STREET; SETTING PUBLIC HEARINGS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBYECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, tl:.e City Council of the City of Paris is in receipt of a petition from adjacent property owners requesting that the a portion of the street known as 3rd Street N.E. be abandoned from Paris Boulevard to Sycamore; and, the best interest of the citizens of Paris that such request WHEREAS, it is deemed to be in · · for street abandonment be reviewed by the Planning and Zoning Commission of the C~ty of Pans and that a recommendation be made to the City Council for final action; and, WttEREAS, it is fitting and proper that a public hearing to receive input from the general public on the proposed'abandonment be set before the Planning and Zoning Commission at 5:30 p.m., on the 3rd day of September, 2002, and before the City Council at 6:00 p.m. on the 5th day of September, 2002 in'the Paris Junior College APpJied Technology Building, ...Room 1016, 2400 Clarksville St., Paris, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF pARIS, PARIS, TEXAS: · Section 1. That the findings set out in the preamble to this resolution are here~'y in all things approved. Section 2. That the matter of abandoning a portion of the street known as 3rd Street N.E. from Paris Boulevard to Sycamore Avenue, be, and the same is hereby, referred to the Planning and Zoning Comnfission of the City of Paris for its recommendation. Section 3. That a public heating be held by and before the Planning and Zoning Commission of the City of Paris at 5:30 p.m. in the Paris Iunior College Applied Technology on the 3rd day of September, 2002, and Building, Room 1016, 2400 Clarksville St., Paris, Texas, City of Paris at 6:00 p.m. in that a public hearing be held by and before the City Council of the the Paris Junior College Applied Technology Building, Room 1016, 2400 Clarksville St., Paris, Texas, on the Sth day of September, 2002, said public heatings tto be held concerning the abandonment of said street. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of August, 2002. Michael I. Pfiester, Mayor ATTEST: MaRie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney Hydro Conduit Division 1569 ~. Church Stree~ Paris, Texas 75460 Phone 903-'/84-8652 Fax 903-785-2899 June 12, 2002 Mr. Larry Schenk City Attorney City of Pads, Texas 125 SE 1 St. 75460 Subject: SE 3"~ Street dosing. Dear Mr. Schenk, Hydro Conduit Corp. of Texas LP, request the closing of SE 3'a Street fi'om north boundary line of Pads Blvd. to south boundary line of Sycamore St.. This request is for the portion of SE 3~ that lies within the Industrial Campus of our Paris Pipe Plant. We have maintained the street as if it were part of our property for the last few years. It has not received any attention from the City of Paris in many years. We own all property around subject, with the exception of Blankinship Oil on northwest side. See letter attached stating their support for closing with no desire for part of the street. With our interest on Safety, the street has been identified as a major hazard with industrial equipment and tracks crossing from one side to the other on a regular basses. Another safety hazard are children coming onto our property, playing on the concrete pipe and equipment. With the closing, we will be able to cd'lose our plant site with a chain-link fence eliminating these safety concerns. Hydro agrees to pay the City of Paris the appraised value for the property. '-~Ve respectfully request your prompt attention to the mater. If we can be of any Service to you, please advise. Sincerely, Donald Wall Sr. Account Mgr. BLANKINSHIP OIL COMPANY, INC: 1425 S. CHURCH PARIS, TEXAS 75460 TELEPHONE: (903)784-6280 March 21,2002 City or,aris 55Hickory Par~,Texas 75460 To whom it may concern: Blankinship Oil Co., is in agreemen.t with Hydro Conduit of Texas L.P.. with the closing of 3rd S. E. frown t'ans Blvd. North to South boundary hne of'Sycamore St., based on letter attached. Blaukinship Oil Co.,Inc. Hydro COnduit Division '1569 $. Chu~'r..h Street - · Pads, Texas 75460 Phone 903-784-8652 Fax 903-785-2899 March 12, 2002 Mr. Hack Bl~nkinship Bl~nldmhip Oil Company 1425 $. Church Street Paris, Texas 75460 Subject; Closing 3 rd. S. E. from Paris Blvd. lqorth to South boundary linc of Sycamore Street Dear Mr. Blankinship: This letter is to conf'm'n our resent conversation regarding the above subject. You agreed to support the closing ~nd expressed your willingness to convey the half ofright-of --way that runs along the East side of your property to Hydro Gonduit of Texas LP. Hydro will pay the Gity for all of the right-of-way. The city can only close a strect down the center line, conveying deed to each property ow'ncr his half. We propose to execute a deed from Blanklnship to Hydro at time of closing, at no cost to you, conveying your half of'3 rd. street to Hydro. At thc same time, Hydro will deed to Blanklnship title to the offset along Lot 1, Block 6 to line up withLot 2, block 6 eastboundary line. If the above is stated correctly, please address a letter to the City of Paris supporting the clo~ing. The City also needs a copy of the deeds or other proof of property ownership. When this is ready, please give me a call, so I can include it with our packet. T~'~nking you in advance for your cooperation. Hydro Conduit of Texas LP Donald Wall cc: JL, n Wilmes · · · :. ~ ~ UNIMPROVED PROPERTY CONTRACT · ~.: ,: NOTICE: Not For Use For Condominium Trsnsa~ons (Seller) agrees to sell 1. PAR'rlEg: WlLLIXM,I. BOh~ (l~uyer) and Buyer agrees and convey to mmRo co.orr co~.~o~,~T[o~ , to buy from Seller the property described below· 2, PROPERTY: Lots Block 7 , T~P ~,ddition, Cityof _ ,., r ~ County, I exas, known as ],xa.[s --' ~/x ~(Address/Z]p Code), SF..D SE or as described on attached exhlbR, (the Property). The Property I-1 Is ~ Is not subject to mandatory membershlp In an owners' association. The TREC Addendurh For Property Subject To Manda!ory Membership In An Owners' Association [] Is ii:Is not attached. NOTICETO BUYER: if the Proper[71s subject to mandatory membership In an owners' associati°n, Seller notifies Buyer under {5.012, Te~s Property Code, that, as a purchaser of property In the residential community In which the property Is located, you are obligated to be a member of an owners' association. s, ovemln the use and occupancy of the Property and a dedicatory Instrument Restrictive covenant g . g _ 'nn nfth! esldential communityhave been orwill be govemlng the establishment, malntenan~, and operati ....... s r recorded In the Real Property Records of the countyln whlch the Property Is located. Copies of the restrlctive covenants and dedicatory instrument may be obtained from the county clerk. You are obligated to pay assessments to the ownem' association, The amount of the assessments is subject to change. Your failure to pay the assessments could result In a lien on and the foreclosure of the Property. 3, SALES PRICE: $ ==,oo0.s0 A. Cash po~on of Sales Price payable by Buyer at closing ..................... B. Sum of all financing described below .................. ~ ........ $ .......... $ 22,000.00 C. Sales Price (Sum of A and B) ................................ - 4. FINANCING: Within ?A ,, days after the effective date of this contract Buyer shall apply for.a!! third party financing or noteholder's approval of any assumption and make every reasonable effort to obtain finandng or assumption approval. Financing or assumption approval will be deemed to have been obtained when the · s sat stied all of lender's financial req.u, irements (t.h.ose i. ta.m.s.rela, tin. g.~o_ Lende?, dete. rm_m_,e~s,~a~B~y~en~thca~c~itworthiness. If financing or assumption approva, is not outa,nea t~uyer s ne[ wo[ u ,, .,~, ......... r ) · date hereof, this contract will terminate and the ear, est money will be ~/~ days after the effecUv, e ......... · ~. ....... o,~ h,, or's an~l deed of trust liens ~efunded to Buyer· Each note to De execute~ nereunoe[ H~uo~o o~,~ ..... ~ vend · The portion of Sales Price not payable in cash will be paid as follows: (Check applicable boxes below) I-t A. THIRD pARTY' FINANCING: n (1) This contract is subject to approval for Buyer of a third party loan in an amount not to o Sa es price,'evidenced by a third party first lien promissory note of exceed _ N/A_ ~ of the1,;/~., due In full in ~- . year(s), with Interest not to exceed not less than $ _ , · -~ l~/A. % per annum for the first H/A _ year(s) of the loan. 'act to a~roval for Buyer of a third party loan in an a~ount not to ['-1{2) 'This.contract is subj _ . ap? .... ,,,-,~,~hvnth doartvsecondllenpromlssorynote. · ' exceed r~lA % of the ~ales pnce, ewuu ..... ,_ _.ir ~ _ . - "-- ~k, due In full in ~/A year(s), with Interest not to exce.ea of not less than ~, r - 's'l of the I~n, i,u~. % per annum for the first ~. :_year() .._,,_. ~ · ~. bearing B. SELLER-FINAI~CING: A promissory note trom t~uyer [o o~a~, u, ,~_ -, -- I~1 nd deed of trust liens, In accordance with the .t. erms .a..n.d Interest er annum, secured .by vendor's a n Addendum. If an owner poi cy of ti.tie conditionPs~ set forth In the attached TREC Seller Financi g Insurance Is fumlshed, Buyer shall fumlsh Seller with a mortgagee policy of title insurance. [] C. ASSUMPTION: n (1) Buyer shall assume the unpaid prindpal balance of a first lien promissory note payable to ... which unpaid balance ~t/Xcloslng will be $_ l~/x. The total current monthly pavement Including principal, Interest and any reserve dse~nOcSitS Is-$ _ l,u&. Buyef. s Initial payment will be the first payment due after, dos g. tia ed _ _ and S.,.!!.,. -, 01^ T EC ,O.. ted outside the lim~ of a munlclpatity, Seller notifies, Buyer under §5.011, Texas (5) If th~ p, rep~_ rt~. Is !oc?.? ..... .~ .... .~v or later be Included In the e~?.terfltodal ~risdictl.o,n ~.a ':: Property coae, .ma, ' t lect to annexation by the munlap.al!ty..r=e .. extratemtofialJudsdiction, conta P further Information. . ...... Unless expressly prohibited In wnung uy the paraes, Seller may confinue to show the property for sale (6) and to receive, negotiate and accept back-up offers. 7. PROPERTY COND['r_I~O~N~,, ,,,D UTIL TIES' Buyer may have the Prop.erty In.sp. ected.,b_y _a%~ePr~taO~ A INSPECTIONS, Ag;~'-'oo .~'* ..... L' ..,,,,~rmlttedbvlawtomaKesucn~nspecuon~. "selected by Buyer, licens;ed DyTRbU or ome[vv~.~ r- ......... - ' permit access to the Property at reasonable times for Inspection, repairs and treatment and 'for relnspeCflon after repairs and treatment have been completed. Seller shall pay for turning on utilities for Inspection and reln_s_p_e~..o~n ;..~ CONDITION: NOTICE' Buyer should ?.etermine the availability of utihties ANCE OP pl-(u~*-r~ ~ ~ '' .... B. ACCE_PT .......... ,-~, ~u,,er's needs. (check one box only). to the Property suitable [u ~u~,;~ ~ ~ O (1) In addition to any earnest money deposited with escrow agent, Buyer has paid Seller N/~.. (the 'Option Fee') for the unrestricted dght to terminate this contract by giving $ ....... in r~/~. da-s after the effective date of this contract. If Buyer notice of terminauon [o. :se[le..r. ,w~ ~__ '.-'-e[~ed the Ontion Fee will not be refunded, however, gives notice of termination wrmin me u[,,~ ~, , any earnest moneywill be refunded to Buyer. If Buyer does not give nofice of termlnation within the ~Jme specified, Buyer will be deemed to have accepted the Property In Its current condition and the Option Fee n will [] will not be credited to the Sales Price at closing. :[3(2) Buyer accepts the Property In Its present condition. 8. BR(~KERS' FEES: Ail obligations of the parties for payment of brokers' fees are contained in separate written agreements. .., ~0~ , or 9. CLOSING: The closing of the sale will be on or before _.Ttr~rs ts, · d in the Commitment or by the survey have. been cured, ,robin 7 ~avs a er objections to matters .dls..cl.ose . L~.rnntion ooroval has been obtained pu.?u.ant "T/';' - -151~f~o ~r *'the Closing Date). u ~nanc~ng ora.ss .T. _,.n~,?~;~rv to comely with lender's closing Wnlcneve~u % du tolt)oays,neu~ .... .,- -.- · ' d to Paragraph 4, the Closing .D ,a~_e, _w~[ebse/th~n/a~ec b~/Pt~e C osing Date, the non.-d.e.f.aulti.n ,g P/,a..??_~.'~lLbe~enn~s~r re~uirements, lfeitherpartymus~.uuu.°.o~ -'-~- ~ At closin~ Seller snail ~rnlsn [ax to~xercise the remedies contameo m t~aragrapn '" ..... certificates showing no delinquent taxes and a general Warranty deed conveying good and Indefeasible rifle showing no additional exceptions to those permitted id paragraph 6. 10. pOSSESSION: Seller shall deliver possession of the Property to Buyer at closing and funding. PROVISIONS: (insert only factual statements and business details applicable to this sale. TREC 11. SPECIAL - roles prohlbitlicensees fi.om adding factual statements or business details for wh ch a contract addendum, lease or other form. has been promulgated by TREC for mandatory use.) 1) THIS CO~T, ACT CON'iT/~LATES A ~ET SZ2,OO0.O0 TO SELLER LE~ SELLER'S ~O~,ATED TAXES. BUYEH ~ILL ~AY AL~ CLOSLNG COST. ~ ~e To TRF.~ROPERTY ]FOR THE pi~WOSE OF COh-D~CI'LNG p/,~TROMENTAL ~) SEI :,~.R GRANTS IO ~'ER AL~ TESIT~G. IF THE ~ TP, ST]I~G P,]E%'EA~ ~ CO~(TA~I~ATIOI~ D{ EXCE~ OF ~ERMI~ABLE L[~[IS, B~/YER MAY TEI1MINATE THIS CO.NIRACT AND BE ]~TIThED TO AN 13{MEDIATE I~FUND O]~ ITS CLO~G COST& ----%~iLL PRO%TDE AHARD SURFACE ROAD TO S) %%~E.'~ THE TESTING HAS BEEN APPRO%'ED BY B~T,P, B~P~ -II~[LTE-~/~ ~ELLE~'S pEI~ONAL pI~OPERTY SO ~{AT ~ MAY pJEMOVE HIS pErSONAL PROPERTY FROM THE ~ Initialed for Identlllcatlon by and Seller_ -- . :"; 18 17 o! 140 115 9:5 '12: I II 2 I0 8' 5 115 I0 9 8 ~RIS-- p. r:--..~' .EASANT 115 I I Z ol mi I I =1 I I 140 I '4 ;,5. 6 140 ., : ' 150 12 115 - II = ' I0 115 150 I 115 I Z 4 S 6 115 115 IZ' II 7 '115 115 ! ~o! '1 I =1 I I =1 I I 5 =1 I 6 °1 u"Jl 115 .I F:~LICE~U~E~WORK~ mo us Dr. Chg Refer ~ F&Z Res August 6, 2002 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, REFERRING A PETITION TO THE PLANNING & ZONING COMMISSION REQUESTING THE ABANDONMENT OF A 50 FOOT WIDE STREET KNOWN AS COUNTY ROAD 42602 AND ALSO KNOWN AS SIMMONS DRIVE IN THE SUBURBAN ESTATES ADDITION BETWEEN PINE MILL ROAD AND NOLES DRIVE BEGINNING AT THE WEST BOUNDARY LINE OF MOCKINGBIRD LANE GOING WEST APPROXIMATELY 150 FEET TO THE END OF SAID SIMMONS DRIVE; SETTING PUBLIC HEARINGS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris is in receipt of a petition from adjacent property owners requesting that a 50 foot wide street known as County Road 42602 and also known as Simmons Drive be abandoned from the West boundary line of Mockingbird Lane going West approximately 150 feet to the end of said Simmons Drive located between Pine Mill Road and Noles Drive; and, ' WHEREAS, it is deemed to be in the best interest of the citizens of Paris that such request for street abandonment be reviewed by the Planning and Zoning Commission of the City of Paris and that a recommendation be made to the City Council for final action; and, WHEREAS, it is fitting and proper that a public hearing to receive input from the general public on the proposed abandonment be set before the Planning and Zoning Commission at 5:30 p.m., in the City Council Chamber, City Hall, Paris, Texas, on the 3rd day of September, 2002, and before the City Council at 6:00 p.m. on the 5th day of September, 2002; NOW, THEREFORE, BE~T RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS,'~ARIS, TEXAS: Section 1. That the timings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the matter of abandoning a 50 foot wide street known as County Road 42602 and also known as Simmons Drive from the West boundary line of Mockingbird lane going West 150 feet to the end of said Simmons Drive between Pine Mill Road and Noles Drive, be, and the same is hereby, referred to the Planning and Zoning Commission of the City of Paris for its recommendation. Section 3. That a public hearing be held by and before the Planning and Zoning Commission of the City bf Paris at 5:30 p.m., in th~ City Council Chamber, City Hall, Paris, Tex~s, on the 3rd day Of September, 2002, and that a public hcarin§ bc held by and before the City Council of the City of Paris at 6:00 p.m. in the City Council Chamber, City Hall, Paris, Texas, on thc 5th day of September, 2002, said public hearings to be held concerning the abandonment of said street. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 12th day of August, 2002. Michael J. Pfiester, Mayor ATTEST: MaRie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney Date: 0~' ~- ,z,.~ ,2002 TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF PARIS: WE, the undersigned owners of property adjacent to that fifty (50) foot wide street known as County Road 42602 and also known as Sinunons Drive running East and West beginning at the West Boundary Line of Mockingbird Lane going approximately 150 feet West to the end of said Simmons Drive, located North of Pine Mill Road, do hereby petition the City of Paris to abandon the same. NAlVlE /gr W. ooks Lana Sue Brooks ADDRESS 402 Ol BonhamRoad Paris, TX 75460 607 Clarksville Paris, TX 75460 Lot 1. Block E. Suburban Est. 1105 Mockingbird Drive Lot 5, Block A. Suburban Est. 1125 Mockingbird Drive TO: FROM: DATE: SUBJECT: Larry W. Sehenk, City Attorney Shawn Napier, P.E. City Engineer August 7, 2002 Simmons Drive Abandonment I have reviewed the request to abandon Simmons Drive. Simmons Drive is located within the East Suburban Estates subdivision, it is currently being used as a driveway by the adjacent landowner at 1105 Mockingbird. There are no utilities in the Right of way (R.O.W.) of Simmons Drive. No easement will be required if the R.O.W. is abandoned. I am in favor of abandoning the R.O.W. S 1'57'32" E 230.13 559.35 REPLAT STONE RIDGE PHASE II LARRY & MARK CUNNINGHAM SEPTEMBER 3, 2002