03&04 Rooks ZoningDRAFT
F:ALICE\ORDWORK\CURRENT\I-9-03 Zoning Ord
January 6, 2003
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 COMMERCIAL DISTRICT (C) ON LOT 1, CITY BLOCK 307-B, ON
PROPERTY BELONGING TO RALPH ROOKS, SO AS TO INCLUDE
THEREIN TERRITORY FORMERLY DESIGNATED AS AN
AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF
THE COMMERCIAL DISTRICT (C) 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
COMMERCIAL DISTRICT (C) be, and the same is hereby, established on LOT 1, CITY BLOCK
307-B, on property belonging to RALPH ROOKS, so as to include in such COMMERCIAL
DISTRICT (C) the hereinafter described property, which was formerly and is presently designated
as an AGRICULTURAL DISTRICT (A), and that the boundaries of said COMMERCIAL
DISTRICT (C) 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 Reddin Russell Survey #786, and being a called
1.95 acre tract of land conveyed Hannah Bailey by deed recorded in Volume 221,
Page 546 of the Deed Records of said County and State, and being more particularly
described as follows:
BEGINNING at an iron pin (s) for corner at the southeast corner of said 1.95
acre tract, said point being the northeast corner of a called 1 acre tract of land
conveyed the Frisco School by deed recorded in Volume 56, Page 275, of said
Records;
THENCE South 88 Deg. 33 Min. 37 Sec. West along an old fence a distance
of 270.92 ft. to an iron pin (s) for corner at the southwest corner of said 1.95 acre
tract and the northwest corner of said 1 acre tract;
THENCE North 4 Deg. 15 Min. 02 Sec. East along the east boundary line of
the Kiamichi Railroad a distance of 492.06 feet to a point for corner at the northwest
corner of said 1.95 acre tract and the southwest corner of a called 0.798 acre tract of
land conveyed Ralph Rooks by deed recorded in Volume 868, Page 295 of the Real
Property Records of said County and State;
THENCE North 88 Deg. 03 Min. 43 Sec. East at 0.57 feet passing an iron pin
(f) and continuing on along an old post line a total distance of 231.30 feet. to an iron
pin (frs) for corner at the northeast corner of said 1.95 acre tract and the southeast
corner of said 0.798 acre tract;
THENCE along the west boundary line of U.S. Hwy 271 as follows:
Southerly around a curve (R=931.47', C= South 1 Deg. 05 Min. 24 Sec. East a
distance of 15.02 feet) to the left a distance of 15.02 feet; South 1 Deg. 33 Min. 07
Sec. East a distance of 164.99 feet; Southerly around a curve (R=3879.7', C=South
0 Deg. 30 Min. 19 Sec. West a distance of 278.56 feet) to the left a distance of
278.62 feet to a concrete marker (f); South 1 Deg. 33 Min. 07 Sec. East a distance
of 33.23 feet to the place of beginning and containing 2.833 acres of land, being
located in the 3700 block of N. Main 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 February 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 13th day of January, 2003.
ATTEST:
Michael J. Pfiester, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
i 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
Ralph Rooks , who upon oath deposes and says:
"l am Ralph Rooks and my address is P.O. Box 950. Valiant. OK
74764
and my phone number is 580-933-4443 and I
have a proprietary interest in property located within the corporate limits of the City of Paris being
described as follows: Lot 1, City Block 307-B
· L 3700 Block of North Main
"My interest in the above described property is OWNER
and I do request a change in zoning from an Aqriculturel IA) District to Commercial (C)
District,
"in support of said request I make the following answers to questions 1-4:
1, Will the re-zoning be in accordance with the original 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 adverse 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. Doe the re-zoning bear a substantial relationship to the public health, safety, morals or
general welfare or protect and preserve historical and culturel places and areas or meet a
substantial public need? YES
5. HAS A COPY OF THE LAND DEED BEEN SUBMITTED? YES
Signat ure~o f'Appli~ant '
SWORN TO AND SUBSCRIBED BEFORE ME, by the said Ralph Rooks
tbis 2nd day of December ,2002 .
l~tary Public, State of Texas
Ma~ie Cunningham, Ci~ Clerk ~ ~ ~ My~ ~,nm.~p. 05-12-2005
_ -53.1.1
GENERAL WARRANTY DEED
(Cash)
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THAT THE UNDERSIGNED, PAT BAR.BEE AND WIFE, LEE ANN BAR]BEE,
MICHAEL BARBEE AND WIFE, SARAH O. BARBEE, HULL BARBEE AND WIFE,
DELISA BARBEE, hereinafter referred to as "Grantor", whether one or more, for and in
consideration of the sum of TEN DOLLARS ($10.00) cash, and other good and valuable
consideration in hand paid by the Grantee, herein named, the receipt and sufficiency of which is
hereby fully acknowledged and confessed, have GRANTED, SOLD and CONVEYED, and by these
presents does hereby GRANT, SELL and CONVEY unto RAJ~PH ROOKS AND VOFE,
CAROLYN ROOKS, herein referred to as "Grantee", whether one or more, the real property
located in Lamar County, Texas being more particularly described as follows, to-wit:
All that certain tract or parcel of land situated in Lamar County, and being part of the
REDDIN RUSSELL SURVEY #786, being more particularly described on Exhibit "A" attached hereto
and made a part hereof for all necessary purposes.
The conveyance evidenced by this deed is made subject to the following, to the extent each
affects the within described property or any part thereof;
1. Easement and Right of Way dated March 25, 1950, from E.L. Bailey and wife,
Hannah Bailey, to Texas Power and Light Co., of record in Volume 317, Page 134, Lamar County
Deed Records.
2. Easement and Right of Way dated August 26, 1950, from Earl Bailey, to Texas Power
and Light Company, of record in Volume 318, page 240, Lamar County Deed Records.
3. Easement dated April 1, 1969, from Hannah Bailey and husband E.L. Bailey to Texas
Power and Light Co., of record in Volume 490, Page 358, Lamar County Deed Records.
4. Right of Way Easement dated December 14, 1985, from Mike Barbee, hull Barbee,
A.D. Hagood, and Estelle Council, acting by and through Mike Barbee, Managing Partner, to Lamar
County Water Supply District, of record in Volume 690, Page 84, Lamar County Deed Records.
TO HAVE AND TO HOLD the above described premises, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantee, Grantee's successors
and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's successors and/or assigns
to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee,
Grantee's successors and/or assigns, against every person whomsoever claiming or to claim the same
or any part thereof.
General Warrant~ - Cask Dead - Paqe I ..
240
EXECUTED this llth day of AUGUST, 1999.
PAT BARBEE
SARAH O. BARBEE
D~ELISA BARBEE
STATE OF TEXAS § ~'; ~-. -< c*
COUNTY OF LAMAR §
The foregoing instrument was acknowledged before me on the/~,~ day of AUGUST, 1999,
by PAT BARBEE AND WIFE, LEE ANN BARBEE.
~,~_'~'~ '~iqotc~y Publk: i Notary Public State of Texas
I' ~,~nl~l"L'l~;~ ~f Texas ,
)'~'": ' '~ i"' .~4-13-21:X~ ...... I
My ~~ Natal's ?rintea Name
Genend Warranttf - Cash Deed- Paqe 2
241
5'311
STATE OF TEXAS
COUNTY OF LAMAR §
The foregoing instrument was acknowledged before me on the~day of AUGUST, 1999
~y MICHAEL BARBEE AND WIFE, SARAH O. BARBEE.
.... ;;,~ ~-om~, ~-~.-.~,.-_ ~ ...... No'taxy Public State o£Texas
My Commission Expires -~'"'"~ '- Notary's Printed Name
STATE OF TEXAS
COUNTY OF LAMAR
The foregoing instrument was acknowledged before me on the I [o day of AUGUST, 1999,
by HULL BARBEE AND WIFE, DE LISA BARBEE. --
I ~ - Iq - qc/ Notary Public - St~Je of Texas
My Commission Expires Notary's Printed Name
Grantee's Address:
(After Recording, Return To.')
Mr. & Mrs. Ralph Rooks
.General Warranttl - Cash Daed. Paqa ,ct
24.2
EXHIBIT
Situated wilhin the Corporate Limits of the City of Pads, County of Lamar. and State or.
Texas, a part or' the Reddin Russell Survey #786, and being a called 1.95 acre tract of land
conveyed Hannah Bailey by deed recorded in Vol. 221, Page 546, or' the Deed Records of said
County and Slate.
Beginning at an iron pin (s) t'or comer at the Southeast comer or' said 1.95 acre tract, said
point being the Northeast comer of a called 1 acre ti'act of land conveyed the Frisco School by
deed recorded in Vol. 56, Page 275, of'said Records.
Thence South 88 Deg. 33 Min. 37 Sec. West along an old fence a distance or. 270.92 ct. to an
iron pin (s) r.or comer at the Southwest comer of said 1.95 acre tract and the Nodhwest comer or'
said I acre tract;
Thence North 4 Deg. 15 Min. 02 Sec. East along the East Boundary Line of the Kiamichi
Railroad a distance of ~92.06 lt. to a point i'or comer at the Northwest comer of said 1.95 acre
tract and the Southwest comer of a called 0,798 acre tract of land conveyed Ralph Rooks by
deed recorded in Vol. 868, Page 295, of the Real Property Records of said County and State;
Thence North 88 Deg. 03 Min. 43 Sec. East at 0.57 Ct. passing an iron pin (f), and qonttnu ng
on ~long an old post line a total distance or' 231,30 ft. to an iron pin (frs) for comer at the
Northeast comer of said 1.95 acre tract and the Southeast comer of said 0,798 acre tract;
Thence along the West Boundary Line of U.S. Hwy. 271 as r'ollows: Southerly around a curve
(R=931.47 Ct., C=South 1 Deg. 05 Min. 24 Sec. East 15.02 lt.) to the left a distance of 15.02 lt.;
South 1 Deg. 33 Min. 07 Sec. East a distance of 164.99 lt.; Southerly around a curve
(F'=3879.72', C=South 0 Deg. 30 Min. 19 Sec. West 278.56 lt.) to the left a distance of 278.62 lt.
Io a concrete marker (t'); South 1 Deg. 33 Min. 07 Sec. East a distance of 33.23 ft. to the place of
beginning and containing 2.833 acres of land.
243
Borbee DIsk-lB~.
Rolph Rooks et ol 0.798 Ac. 7-7-99
I I Vol. B68. Pa§e 295 LCRP. /~t~ I /
( chain link fence not on line ~-- ~ ~9 :
: ~ N" 88'03'43" E ' ' 231.~
, :
~ & '~ L = 15 02' ,
CH = 15.02'
~i CB = S m'05'2~" E
,I
· -: '1,
: 2.833 AC ~ I
I R = 3879.7~ I .:
L = 278.62' ~
I CH = 278.56' ~ , ':
I cs = s oo'~o'~s" ~
I ~ .e~- .
I: . S 8B'33'~ 7" W ,, ,,270.92'Le'~ ''~ i:
fence 1" = 80' PP ~ power pole J.M. Nelson. RPLS of Texas, ~25 date
020 K ~ ~ P~, 1,~ 7~
Straight Line Surveying Co.
9:20 North Main Street Paris, Texas 75460
903-785-3551 fax 903-785-3399
J. M, Nelson, Registered Professional Land Surveyor of Texas, #4025
Barbee Disk-1~4 US271 RRussel~786
Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of
Texas, a part of the Reddin Russell Survey #786, and being a called 1.95 acre tract of land
conveyed Hannah Bailey by deed recorded in Vol. 221, Page 546, of the Deed Records of said
County and State.
Beginning at an iron pin (s) for corner at the Southeast corner of said 1.95 acre tract, said
point being the Northeast corner of a called 1 acre tract of land conveyed the Frisco School by
deed recorded in Vol. 56, Page 275, of said Records.
Thence South 88 Deg. 33 Min. 37 Sec. West along an old fence a distance of 270.92 ft. to an
iron pin (s) for comer at the Southwest comer of said 1.95 acre tract and the Northwest comer of
said 1 acre tract;
Thence North 4 Deg. 15 Min. 02 Sec. East along the East Boundary Line of the Kiamichi
Railroad a distance of 492.06 ft. to a point for corner at the Northwest corner of said 1.95 acre
tract and the Southwest comer of a called 0.798 acre tract of land conveyed Ralph Rooks by
deed recorded in Vol. 868, Page 295, of the Real Property Records of said County and State;
Thence North 88 Deg. 03 Min. 43 Sec. East at 0.57 ft. passing an iron pin (f), and continuing
on along an old post line a total distance of 231.30 ft. to an iron pin (frs) for corner at the
Northeast comer of said 1.95 acre tract and the Southeast comer of said 0.798 acre tract;
Thence along the West Boundary Line of U.S. Hwy. 271 as follows: Southerly around a curve
(R=931.47 ft., C=South 1 Deg. 05 Min. 24 Sec. East 15.02 ft.) to the left a distance of 15.02 ff.;
South 1 Deg. 33 Min. 07 Sec. East a distance of 164.99 ft.; Southerly around a curve
(R=3879.72', C=South 0 Deg. 30 Min. 19 Sec. West 278.56 ft.) to the left a distance of 278.62 ft.
to a concrete marker (0; South 1 Deg. 33 Min. 07 Sec. East a distance of 33.23 ft. to the place of
beginning and containing 2.833 acres of land. ~'
I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the
above depicted and described tract of land was taken from an actual survey made on the ground
and completed by me on the 7th day of July, 1999.
· '
J.M. Nelson, RPLS of Texas, #4025 date