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09&10 Sartor ZoningDRAFT F:XAttorneyXALICE\ORDWORK\CURRENT~3-6-03 Zoning Ords.wpd February 26, 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 MULTIPLE-FAMILY DISTRICT NO. 1 (MF-1) ON LOT 4, CITY BLOCK 255-A, ON PROPERTY BELONGING TO LEANNE SARTOR, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE MULTIPLE-FAMILY DISTRICT NO. 1 (MF-1) 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 MULTIPLE-FAMILY DISTRICT NO. 1 (MF-1) be, and the same is hereby, established on LOT 4, CITY BLOCK 255-A, on property belonging to LEANNE SARTOR, so as to include in such MULTIPLE-FAMILY DISTRICT NO. 1 (MF-1) the hereinafter described property, which was formerly and is presently designated as a ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2), and that the boundaries of said MULTIPLE-FAMILY DISTRICT NO. 1 (MF-1) 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 Hiram Williams Headright Survey, also being a part ofa 1 3/16 acre tract of land conveyed to Howard E. Brazile and wife, J. Eloise Brazile, by deed recorded in Volume 676, Page 568, Deed Records, Lamar County, Texas, and being described by metes and bounds as follows: BEGINNING at a P/K nail set at the Southwest corner of said 1 3/16 acre tract of land, said nail also being in Price Street; THENCE North 00o20'34'' East with the West line of said tract a distance of 272.25 feet to a 1/2" steel rod set at the Northwest corner of said tract; THENCE North 90o00'00'' East with the North line of said tract a distance of 74.00 feet to a found 3/4" pipe; THENCE South 00o50'44'' East with a fence a distance of 143.05 feet to a fence post; THENCE South 00°41'17" West a distance of 129.23 feet to a P/K nail in Price Street on the South line of said 1 3/16 acre tract; THENCE South 90o00'00'' West with said South line a distance of 76.19 feet to the Point of Beginning and containing 0.475 acres of land, being number 2621 E. Price 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 April 1, 2003. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 6th day of March, 2003. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney EXHIBIT ~A" 'Situated in the County of Lamar, State of Texas, bein~ a part of the Hiram Williams Headright Su~Tvey, also being a part of a 1- 3/16 acre of land conveyed to Howard E. Brazile and wife, J. Eloise Brazile by deed recorded in volume 676, Page 568, Deed Records, Lamar County, Texas and being described by metes and bounds as follows: BEGINNING at a P/K Nail set at the southwest =orner of said 1 3/16 acre tract of land, said nail' also being in Price Street; THENCE North 00"20'34" Hast with the west line of said tract a distance of 272.25 feet to a ~" steel rod set at the Northwest corner of said tract; THENCE North 90°00'00" East with the north line of said tract a distance o£ 74.00 feet to a £ound ~" pipe; THENCE South 00°50'44" Haet with a fence a distance of 143.05 feet to a fence post; THZNCE South 00°41'17# West a distance of 129.23 feet to a P/K nail in Price Street on the south line of said 1 3/16 acre tract; THENCE South 90°00'00" West with said south line a distance of 76.19 feet to the Point of Beginning and containing 0.475 acres of land. ZONING CHANGE REQUEST LEANNE SARTOR MARCH 3, 2003 AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 ~TATE OF TEXAS COUNTY .OF LAMAR BEFORE ME, tile undersigned authority, on UHs day personally appeared LEANNE SARTOR , who upon oath deposes and says: PHONE NUMBER 784'1784 182 PRERTON DRIV: ~nd I have a proprietary ~n proper~y located w~tht, ~he corporate lhe~ts of the C~y of P~r~s b~n~ described ~s follow~: "My ~n~eres~ ~n the ~bove described property ~ O~E~ D~s~r~c~ to MUWIP.LE F~InY NO. I D~tr~ct. "In support of sa~d request I make Um follow~n~ answers ~0 que~tlons 1-~: 1. WH1 Um re-zontn~ be ~n accordance w~U~ the'oral,mai comprehensive zon~n~ $chem~. a~ represented by the pre-e~bl[shed zon~n~ ordinance ~nd the lo.~ range .ms,er plan .and m~p tba~ has been ndopted by Um zoning ordinance? 2. Will tim re-zoned designutlon be compatible wlU~ the classification and use of adjoining lands so. as to avoid adverse impact on neighbors? YES 3. Is tile tract unsuitable for uses permitted under the present zoning class- Jflcatton; therefore Justifying a change in'zontn!l? Xg~ 4. Does tile re-zoning bear a substantial rela'tionshlp to tile public bealUh safety, morals or general welfare or protect and preserv~ historical .and cultural places and areas or meet a substantial public need? YES . 5, BAS A COPY' pF T~E CAND DEED BEEN'SUBMITTED?~yE~ . t~g~u~e of Applt~n~ SWORN TO AND SUBSCRIBED BEFORE HE, by the said LBAaa[ SARTOR UHs Inrh day of FEBRUARY ~0 03 ~ ' No~r~ I'ubl~c, State of Texas Mottle ~Ulmlngliam,'City CIeI'K ~ -'~ § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THAT Guaranty Bond Bank, a state banking association ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) caeh and other good and valuable consideration paid by Jason Sartor and wife, LeA~n Sartor ("Grantee,,), whose address is 102 Preston Drive, Reno, Texas 75462, HAS GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents DOES GRANT, BARGAIN, SELL and CONVEY ~nto Grantee all tha~' certain land described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes, together with all appurtenances thereon or in anywise appertaining thereto and all buildlngs, structures, fixtures and improvements located thereon (the "Property") . This conveyance is made subject to the liens, encumbrances, easements and other exceptions of record, to the extent the same are valid and subsisting and affect the Property. GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE P~YSICAL CONDITION, OR A~Di OTHER MATTER AFFECTINO OR RELATED TO %~{E PROPERTY OR ANY IMPRO%~-/~E~£S THEREON (OTHER TH~N WA/{RJ%NTIES OF TITLE A~ PROVIDED ~ LIMITED HEREIN). TEE PROPERTY AND ANY IMPROVEMENTS 'I'~=REON ~RE CONVEYED "AS IS" AND "WITH ALL ..F.AULTS ,., AND GRANTOR FIPRESSLY DISCLAIMS A~Y AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTIES, OF ANY KIND, ORAL OR W~R_i~"i'~, EXPRESS OR IMPLIED, (EXCEPT AS TO TITLE AS HEREAFTER PROVIDED AND LIMITED} CONCERNING THE PROPERTY ~ ~ IMPROVEMENTS THEREON, INCLUDING WI~OUT LIMITATION (i} THE %HILUE, CON]DITION. MERCHANTABILITY, HABITABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICUI~xR USE OR P~POSE, OF THE PROPERTY A_ND ANY IMPROVEMENTS ~r.:~ON, (ii) THE FU~ER OR QUALITY OF TH~ CONSTRUCTION OR MATERTAI.~ INCORPORATED INT0 A/qY SUCH IMPROVEMENTS ~ (iii) THE MAWR OF REPAIR, QUALI~"f, STATE OF REPAIR OR LACK OF REPAIR OF ANY SUCH IMPROVEMENTS. TO HAVE AND TO HOLD the Property unto Grantee, and Grantee's successors, heirs and assigns forever, and Grantor does hereby bind Grantor, and Grantor's successors and assigns to WAP~RANT and FORE~R DEFEND, all and singular the Property unto Grantee and whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, and subject, however, as aforesaid. The undersigned is executing this document in his capacity as an authorized agent of Grantor, and not individually, and any and all liabilities in connection herewith are solely th~.~sF of Grantor is not a foreign cozl~oration, foreign partn~?ship, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulatione). EXECUTED this ll=h day of Febr.uar¥ , 2003. GRANTOR: ~y: Name (print): Tyson Title; President STATE OF TEXAS § COUNTY OF TITUS This instrument was acknowledg~ before me on the llth day of Febr~ar~ , 2003, by Tyson T. AbRton ,,, , President of Guaranty Bond Bank, a state banking association, on behal~ o~ such banking association. [S E A L] Notar~ Pdblic i~ and for "~he State  of Texas Name (print): My Commission Expires: