05&06 Easlon ZoningDRAFT
F:ALICE\ORDWORK\CURRENT\12-6-03 Zoning Ords
January 30, 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 6, CITY BLOCK 306-A, ON
PROPERTY BELONGING TO MARK EASLON, SO AS TO INCLUDE
THEREIN TERRITORY FORMERLY DESIGNATED AS AN OFFICE
DISTRICT (O); 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 6, CITY BLOCK
306-A, on property belonging to MARK EASLON, so as to include in such COMMERCIAL
DISTRICT (C) the hereinafter described property, which was formerly and is presently designated
as an OFFICE DISTRICT (O), 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 part
of a called 3.4651 acre tract of land conveyed to Christus St. Joseph Health System
by deed recorded in Volume. 1104, Page 213 of the Real Property Records of said
County and State, said 3.4651 acre tract being a part of a called 5.999 acre tract of
land conveyed L. P. McCuistion Sanitarium Foundation by deed recorded in Volume
406, Page 258 of the Real Property Records of said County and State, said 3.4651
acre tract of land being known as Lot 6, City Block 306A (plat not recorded), and
being more particularly described as follows:
BEGINNING at a lA" capped (JMN - 4025) iron pin (s) for corner at the
southwest corner of said 3.4651 acre tract, and at the southwest corner of said 5.999
acre tract, said iron pin being the westerly southeast corner of a called 31.806 acre
tract of land conveyed North Lamar Independent School District by deed recorded
in Volume 459, Page 271 of said Real Property Records;
THENCE North 30o02'00'' East along the west boundary line of said 5.999
acre tract and an east boundary line of said 31.806 acre tract a distance of 295.45 ft.
to a lA" capped (JMN - 4025) iron pin (s) for corner at the northwest corner of said
3.4651 acre tract, and at the southwest corner of a tract conveyed out of said 5.999
acre tract to the North Lamar Independent School District by deed recorded in
Volume 536, Page 192 of said Real Property Records;
THENCE South 60° 17'58" East along the north boundary line of said 3.4651
acre tract and along the south boundary line of said North Lamar Independent School
District tract (536/192) a distance of 363.59 feet to a lA" capped (JMN - 4025) iron
pin (s) for corner at the northwest corner of a 43,560.47 square feet tract of land;
THENCE South 30°03'12'' West a distance of 295.31 feet to a lA" capped
(JMN - 4025) iron pin (s) for corner at the southwest corner of said 43,560.47 square
feet tract of land;
THENCE North 60°19'16'' West along the north boundary line of Stone
Avenue a distance of 363.49 feet to the place of beginning and containing 107,379.17
square feet of land, located in the 300 block of Stone Avenue.
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 March 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 6th day of February, 2003.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710
STATE OF TEXAS ! '
COUNTY.OF LA~R j
UEFORE ME, the undersigned aUUlority, on Uds day personally appeared
PHONE NUMBER 785-258o
P.O. BOX 648 ?ARTg and I have a proprietary interes:
tn property located within the corporate limits of the City of Paris being
described as follows:
LOT 6 CITY BLOCK 306-A
300 BLOCK OF STONE AVENUE
"My interest in the above described property is UmbER ,,
and I do reques~ a change in zoning from
District to C0m4E~CIAL District.
"In support of said request I ,iake U)e Following answers to quesHuns 1-4:
J, Will Um re-zoning be in accordance w)U~ Use'or)glue1 comprehensive
zoning scl)eme, as represented by the pre-establi'shed zoning ordinance and the
long range master plan.and map that has been adop:ed by Um zoning ordinance?
2. Will the re-zoned designation be compatible wig! U)e classification and
use of adjoining lands so. as to avoid adverse impact on neighbors?
yF, S
3. Is 'tim tract unsuitable for uses permitted under the present zoning class-
)FlcaUon; U~eKeFnre Justifying a change in'zoning? No
4. Does tl~e re-zoning bear a substantial rela'ttonsblp to the public health,
safety, morals or general welfare or protect end preserv~ historical .and cultural
places and areas or meet a substantial publlc need? v~
· 5, BA~ A ~QPY' ~F T~E E~D DEED BE~H'SUBMITTED? y~
Stg'~ature Or Ap~ltcan~
SWOR~ TO A~D SUOSCRIOED BEFORE HE, by the said
~)liS 13th. day Of ,TANnARY , ~00~ ,'
Ho~ry Public, State of Texas
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN
(Vendor's Lien Reserved and Assigned to Third Party Lender)
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR §
THAT, THE UNDERSIGNED, CHRISTUS ST. JOSEPH'S HEALTH SYSTEM, a
Texas non-profit corporation, hereinafter called "Grantor", whether one or more, for and in
consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to the
undersigned in hand paid by the Grantee herein named, the receipt of which is hereby acknowledge.d,
and the further consideration of the execution and delivery by the Grantee of that one certain
promissory note of even date herewith in the principal sum of $80,000.00, payable to the order of
GUARANTY BOND BANK ("Lender"), as therein specified, providing for acceleration of maturity
and for attorney's fees, the payment of which note is secured by the vendor's lien herein retained, and
is additionally secured by a deed of trust of even date herewith to, TYSON T. ABSTON,
TRUSTEE, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL
AND CONVEY unto, MARK EASLON AND WIFE, REGINA D. EASLON herein referred to
as the "Grantee", whether one or more, the real property situated in Lamar County, Texas and being
described to-wit:
BEING A PART OF THE REDDIN RUSSELL SURVEY, LAMAR COUNTY,
TEXAS, AND BEING FULLY DESCRIBED ON EXHIBIT A ATTACHED
HERETO.
This conveyance, ho~vever, is made and accepted subject to the following: l)l)Power
lines shown on survey by J. M. Nelson dated December 14, 1986. 2) Easement reserved by Estelle Cottncil in deed
to Maxim Health Care Corporation dated Apri122, 1985, of record itt Volulne 684 Page 28 Deed Records of Latnar
County, Texas. 3) Channel Easement to the State of Texas, dated September 10, 1968, of record in Volume 482 Page
283 Deed Records of Lamar Cottnty, Texas. 4) Easement and rights of way to Texas Power and Light Company dated
April 12, 1966, of record itt ["ohtme 443 Page 47 Deed Records of Lamar County, Texas.
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 heirs,
executors, administrators, 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 heirs, executors, administrators, successors and/or
assigns, against every person whomsoever claiming or to claim the same or any part thereof, by
through or under the Grantor but not otherwise.
But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above
described premises, is retained against the above described property, premises and improvements
until the above described note and all interest thereon are fully paid according to the face, tenor,
effect and reading thereof, when this Deed shall become absolute.
THAT Lender, at the instance and request of the Grantee herein, having advanced and paid
in cash to the Grantor herein that portion of the purchase price of the herein described property as
is evidenced by the hereinabove described Note, the Vendor's Lien, together with the Superior Title
to said property, is retained herein for the benefit of said Lender and the same are hereby
TRANSFERRED AND ASSIGNED to said Lender, its successors and assigns.
Payment of the current ad valorem taxes on the property having been assumed by Grantee.
EXECUTED EFFECTIVE the __ day of JANUARY, 2002.
CHRISTUS ST. JOSEPH'S HEALTH SYSTEM,
a Texas non-profit corporation
BY:
WILLIAM PACK, Chief Financial Officer
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me on the day of
JANUARY, 2002, by WILLIAM PACK, Chief Financial Officer of Christus St. Joseph's
Health System, a Texas non-profit corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires Notary's printed name
Grantee's Address:
(After Recording, Return to.')
EXHIBIT 'A'
.
Situated within the Corporate Limits of the City of Pads, County of Lamar, and State of Texas, a par1
of the Reddin Russell Survey #786, and being a pad of a called 3.4651 acre tract of land conveyed to
Chdstus St. Joseph Health System by deed recorded in Vol. 1104, Page 213, of the Real Property
Records of said County and State, said 3.4651 acre tract being a part of a called 5.999 acre tract of land
conveyed L.P. McCuistion Sanitarium Foundation bY deed recorded in Vol. 406, Page 258, of the Real
Property Records of said County and State, said 3~'4651 acre tract of land being known as lot 6, City
Block 306A (plat not recorded).
Beginning at a t/,,, capped (JMN - 4025) iron pin (s) for corner at the Southwest comer of said 3.4651
acre tract, and at, the Southwest corner of said 5.999 acre tract, said iron pin being the Westerly
Southeast corner of a called 31.806 acre tract of land conveyed Nodh Lamar Independent School District
by deed recorded in Vol. 459, P~ge 271, of said Real Properly Records.
Thence North 30'02'00" East along the West Boundary Line of said 5.999 acre tract and an East
Boundary Line of said 31.806 acre lract a distance of 295.45 ft. to a ~" capped (JMN - 4025) iron pin (s)
for corner at the Northwest comer of said 3.4651 acre tract, and at the Southwest corner of a tract
conveyed out of said 5.999 acre tract to the North Lamar Independent School District by deed recorded
in Vol. 536, Page 192, of said Real Properly Records;
Thence South 60°17'58" East along the Nodh Boundary Line of said 3.4651 acre tract and along the
South Boundary Line of said North Lamar Independent School Distdct tract (5361192) a distance of
363.59 feet to a %" capped (JMN - 4025) iron pin (s) for comer at the Northwest comer of a 43,560.47
square feet tract of land surveyed this same day;
Thence South 30°03'12'' West a distance of 295.31 feet lo a W' capped (JMN - 4025) iron pin (s) for
comer al the Southwest comer of said 43,560.47 square feet tract of land;
Thence North 60'19'16" West along the North Boundary Line of Stone Ave. a distance of 363.49 feet
to the place of beginning and containing 107,379.17 square feet of land.
(49)
b
ZONING CHANGE REQUEST
MARK .EASLON
FEBRUARY 3, 2003