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07&08 Swindle Zoning RequstDRAFT F:ALICE\ORDWORK\CURRENT\10-10-02 Zoning Ords September 30, 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, also being Lot 5, City Block 226-A, being the same property described in deed from William Edward Thomas, Jr. to Donna J. Giberson, recorded in Volume 832, Page 109, Lamar County Real Property Records, and being more particularly described as follows: BEGINNING at the southeast corner of Lot 5, City Block 226-A; THENCE North a distance of 60 feet to the northeast corner of said lot; THENCE West a distance of 150 feet to the northwest corner of said lot; THENCE South a distance of 60 feet to the southwest corner of said lot; THENCE East a distance of 150 feet to the place of beginning, 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 $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective November 1, 2002. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 10th day of October, 2002. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney DONNA SWINDLE ZONING CHANGE REQUEST OCTOBER 7, 2002 AFFIDAVIT REQUEST FOR AMERUMENT TO EONIN$ ONDINANCE NO. 1710 STATE OF TEXAS ~ COUNTY.OF LAF~R ~ BEFORE ME, the undersigned authority, on tills day personally appeared DONNA SWINDLE ~ who upon oath deposes aid says: PHONE NUMBER 783~0269 in' property located within the corporate limits o? the City of Paris being described as follows: "My interest in the above described property is O~mER and I do";eques~ a change in zoning froot ?wa F~[L¥ DWELL[NO District to NRT~R~RH~n ~VTC~ (N~ District. "In support of said request I make the following answers [o questions ' 1. Will tim re-zoning be in accordance wfU~ the'original comprehensive zoning scheme, as represented by t)~e pre-established zoning ordinance and the long range mas~er plan .and mnap that Has been adopbed by Um zoning ordinance? Y~ 2. Will tile re-zoned designation be compatible with tile classification and use of adjoining lands so. as to avoid adverse impact on neighbors7 ¥E$ 3. Is tile tract unsuitable for uses permitted under tile present zoning class- iflcaHon; theKeFore Justifying a change in'zoning?. ~o 4. Does the re-zoning bear o substantial rela'tlonshlp to tile public health, safety, morals or general welfare or protect and preserv~ historical and cultural places and areas or meet a substantial public need? YES S4;~J~,a~ture of 'A)fpitqant ~ SWORN TO AND SUBSCRIgED BEFORE ME, by the said DONNA SWINDLE lic, State of Texas fJf__~.%o~ NOTARY PUBLIC WARRANTY DEED (with Vendor's Lien) THE STATE OF TEXAS ) ) KNOW ~T~, MEN BY THESE PRESENTS: COUNTY OF LAMAR ) THAT 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-seven thousand and no/100 ($27,000.00) Dollars paid by FIRST FEDERAL COMMUNITY 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 FEDERAL 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 AND COMMUNITY AFFAIRS as therein provided, secured by the vendor's lien herein 1 retained and 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 her~in re- tained is hereby transferred and assigned to the TEXAS DEPARTMENT OF HOUSING 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 ~ INFERIOR to the above mentioned note for $27,000.00 payable to FIRST FEDERAL COMMUNITY BANK, Paris, Texas, of same, partial or otherwise; and to all renewals and extensions 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, J~. 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 anywise 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 descr'ibed ~ropert¥ and her heirs and assigns, against claiming, or to claim the same, premises unto DONNA J. GIBERSON, every person whomsoever lawfully or any part thereof. BUT IT IS EXPRESSLY AGREED and stipulated that the vendor's lien is retained as aforesaid against the within described pro- perty, premise and improvements until the above described notes, and all interest thereon, are fully paid according to their face and tenor, effect and reading, when this deed shall become abso- lute. WITNESS our hands this day of November, 1998. WILLIAM EDWARD THOMAS, JR. DEBORAH K. THOMAS 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. THOMAS. Nota~~f Texas AFTER RECORDING RETURN TO: Ms. Donna J. Giberson .664 22nd Street SE Paris, Texas 75460 FIELD NOTES LOT 5 CITY BLOCK 226-A BEGINNING AT THE SOUTHEAST CORNER OF LOT 5 CITY BLOCK 226-A THENCE A DISTANCE OF 60 FEET NORTH TO THE NORTHEAST CORNER OF SAID LOT THENCE WEST A DISTANCE OF t50-FEET TO THE NORTHWEST CORNER OF SAID LOT THENCE SOUTH A DISTANCE OF 60 FEET TO THE SOUTHWEST CORNER OF SAIDLOT THENCE EAST A DISTANCE OF 150 FEET TO THE PLACE OF BEGINNING.