05&06 Carter ZoningDRAFT
F:ALICE~ORDWORI~CURR~NT~- 10-03 Zoning
Mm'eh 21, 2003
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS, AMENDING ZONING.ORDINANCE NO. 1710 OF TIlE CITY OF PARIS,
PARIS, TEXAS, AND CIIANGING THE BOUNDAREES ESTABLISHED BY TIlE
ZONING MAP OF SAID CITY; ESTABLISHING A COMMERCIAL DISTRICT
(C) ON LOTS 1 AND 2, CITY BLOCK 399, ON PROPERTY BELONGING TO
pFIIL CARTER AND PltILLIP BRANDON CARTER, SO AS TO INCLUDE
TIlEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL
DISTRICT (A); DESIGNATING THE BOUNDARrES OF TIlE COMMERCIAL
DISTRICT (C) SO ESTABLISIlED; PROVIDING FOR A PENALTY NOT TO
EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT IlEREWITIl; AND DECLARING AN EFFECTIVE
DATE.
WIIEREAS, the City Council of the City of Pads, Pads, Texas, has previously received a request
for an amendment to the zoning ordinance of the City of Pads; and,
WIIEREAS, 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 headng 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 Pads, 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,
TIIEREFORE,
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 LOTS 1 AND 2, CITY BLOCK 399, on property
belonging to PHIL CARTER AND PHILLIP BRANDON CARTER, 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 John W. Williams Survey #1001, and being part of tract
gl, a called 1.188 acre tract of land, and part of tract #2, a called 0.751 acre tract of land
conveyed to Edna M. DeVoss by deed recorded in Vol. 589, Page 543, of the Deed Records
of said County and State, being more particularly described as follows:
BEGINNING at a chain link post (f) for comer at the Northeast comer of said tract
gl and at an el comer of tract #6, a called 75.3 acre tract of land as conveyed in said
DeVoss deed.
THENCE along a fence as follows: South 0o53'02'. West along the East boundary
line of said tract gl a distance of 160.74 feet to a capped (JMN - 4025) iron pin (s); South
30°10'09'' West a distance of 37.04 feet to a capped (JMN - 4025) iron pin (s); South
40o56'30'' West a distance of 24.96 feet to a capped (JMN - 4025) iron pin (s); South
52°55'40 West a distance of 95.10 feet to a capped (JMN - 4025) iron pin (s) for comer;
THENCE North 53o00'00" West along the Northerly Boundary Line of U.S. Hwy.
271 a distance of225.11 feet to a capped (JMN - 4025) iron pin (s) for comer;
THENCE North 9°29'43" East along a fence a distance of 137.86 feet to a chain link
post (f) for comer;
THENCE along a fence as follows: South 89°18'39" East a distance of 86.10 feet
to an iron pipe (f) at the Northeast comer of said tract #2 and at the Northwest comer of
said tract #1; South 89°32'21" East along a South Boundary Line of said tract #6, a distance
of 184.28 feet to the place of beginning and containing 1.378 acres of land, being located
in the 6000 Block of Clarksville 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 May 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the
10th day of April, 2003.
Michael J. Pfiester, Mayor or
Richard Manning, Mayor Pro Tern
A'vI'EST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
N 00'09'36"
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
PHIL CARTER and PHILLIP BRANDON CARTER , who upon oath deposes and says:
"1 am PHILLIP BRANDON CARTER and PHIL CARTER and my address is
1051 19~h SE
2950CYPRESS, PARIS, TX and my phone number is 903-785-2529& 903-785-1826
and I have a proprietary interest in property located within the corporate limits of the City of Paris
being described as follows:
Lots 1 and 2, CITY BLOCK 399
6000 Block of Clarksville Street
"My interest in the above described property is OWNER
and I do request a change in zoning from an Aoricultural
Commercial (C}
District to
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. Does the re-zoning bear a substantial relationship to the public health, safety, mprals or
general welfare or protect and preserve historical and cultural places and areas or meet a
substantial public need? YES
$. HAS A COPY OF THE LAND DEED BEEN SUBMITq~ED? ,"~.,'"1 e,'"'~//'''
Signature of Applicdhl -- vV
SWORN TO AND SUBSCRIBED BEFORE ME, by the said PHIL CARTER and PIOLLIP
BRANDON CARTER
tiffs 6th day of March ,2003 ,
Matllc Cumfingham, City Clerk
ary Public, State of Texas
to.~.'~,~,.I STATEOFITEXAS }
~ 14yComm. l[~.05-12.2005 I
75'899'1-.
WARRANTY DEED WITH VENDOR'S LIEN
(Vendor's Lien Reserved and Assigned to Third Party Lender)
THE STATE OF TEXAS
COUNTY OF LAMAR
KNOW ALL MEN BY THESE PRESENTS:
THAT THE UNDERSIGNED, EDNA M. DOWLER (formerly DeVoss), joined proforma by her
husband CLARENCE DOWLER hereinafter called "Grantor", whether one or more, for and in
consideration of the sum ofTEN DOLLARS ($10.00) and other valuable consideration to the undersigned in
hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, 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 $24,000.00, payable to the order of BA, NK OF AMERICA, N.A. ("Lender"),
as therein specified, providing tbr 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 &trust of even date
here~vith to PRLAP, INC., TRUSTEE, has GRANTED, SOLD AND CONVEYED, and by these presents
does GRANT, SELL AND CONVEY unto, PHIL CARTER herein referred to as the "Grantee", whether
one or more, the real property situated in Lamar Count3', Texas and being described to-wit:
Being a 1.378 acre tract of land and a part of the JOHN W. WILLIAMS SURVEY, Lamar County,
Texas, fully described on EXHIBIT A attached hereto;
This conveyance, however, is made and accepted subject to the following:l) Easement to £amar Cottnt)'
Water Supply Corporation of record itt l/olume 652 Page 867 Deed Records of Lamar County, T~¥as.2) Easement to T~ras Power
attd Light Company of record in Volume 211 Page 106 Deed Records of Lamar CottnO', Texas.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights
and appurtenances thereto in anyxvise belonging, unto the said Grantee, Grantee's heirs, executors,
administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs,
executors, administrators, 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 ever)' person whomsoever claiming or to claim the same or any part thereof.
But it is expressly agreed that the Vendor's Lien, as well as Superior Titie 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 absoIute.
THAT Lender, at the instance and reqnest 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 &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.
..<
It is contemplated that this deed will be signed in counterparts.
RE, 1259 0188
EXECUTED EFFECTIVE the 1ST day of NOVEMBER, 2002.
EDNA M. DOWLER
CLARENCE DOWLER
ACKNOWLEDGMENT
THE STATE OF MISSOURI §
COUNTYOF §
The foregoing instrument was acknowledged before me on the/~?L'lLday of NOVEMBER, 2002, by
EDNA M. DOWLER.
My Commission Expires
THE STATE OF TEXAS
COUNTY OF
The foregoing instrument was acknowledged before me on the
CLARENCE DOWLER.
day of NOVEMBER, 2002, by
My Commission Expires
Grantee's Address:
(After Record;,ng, Return to.')
NOTARY PUBLIC, STATE OF TEXAS
Notary's printed name
RP 1259V oEO189
EXECUTED EFFECTIVE the 1ST day of NOVEMBER, 2002.
EDNA M. DOWLER~-~
CLARENCE DOWLER
ACKNOWLEDGMENT
THE STATE OF MISSOURI §
COUNTY OF §
The foregoing instrument was acknowledged before me on the
EDNA M. DOWLER.
day of NOVEMBER, 2002, by
NOTARY PUBLIC, STATE OF MISSOURI
Notary's printed name
My Commission Expires
My Commission Expires
THE STATE OF TEXAS §
COUNTY OF ~ §
The foregoing instrument was acknowledged before me °n the I,'~ dayofNOVEMBER, 2002, by
CLARENCE DOWLER.
NOTP~IS, y PUBLIC, STATE OF TEXAS
C.o,
~otary's printed name
Grantee's Address:
(After Recording, Return to.')
RP 1 50 E0190
Nelson Surveying Company
---'---'--- 920 North Main Street Paris, Texas 75460
503-785-3551 fax 903-785-3399 e-mail jimn(~stargate,istamet, com
Jim Nelson, owner ~
J. M, Nels~°nal Land Surveyor of Texas, #4025
Carter Disk-504 J~N Wi[liarns #1001 US HW'Y 271
Situated about 4'/~ miles South 88° East of the City of Paris, County of Lamar, and State of Texas, a
part of the John W. Williams Survey #1001, and being part of tract #1, a called 1.188 acre tract of land,
and part of tract #2, a called 0.751 acre tract of land conveyed to Edna M. DeVoss by deed recorded in
Vol. 589, Page 543, of the Deed Records of said County and State.
Beginning at a chain link post (t) for comer at the Northeast comer of said tract #1 and at an el comer
of tract ~8, a called 75.3 acre tract of land as conveyed in said DeVoss deed.
Thence along a fence as follows: South 0°53'02'' West along the East Boundary Line of said tract #1 a
distance of 160.74 feet to a capped (JMN - 4025) iron pin (s); South 30°10'09" West a distance of 37.04
feet to a capped (JMN - 4025) iron pin (s); South 40°56'30" West a distance of 24.96 feet to a capped
(JMN - 4025) iron pin (s); South 52°55'40" West a distance of 95.10 feet to a capped (JMN - 4025) iron
pin (s) for comer,
Thence North 53'00'00" West along the Northerly Boundary Line of U. S. Hwy. 271 a distance of
225.11 feet to a capped (JMN - 4025) iron pin (s) for comer,
Thence North 9°29'43" East along a fence a distance of 137.86 feet to a chain link post (t) for comer,
Thence along a fence as follows: South 89°18.30" East a distance of 86.10 feet to an iron pipe (f) at
the Northeast comer of said tract #2 and at the Northwest comer of said tract #1; South 89°32'21" East
along a South Boundary Line of said tract ~5, a distance of 184.28 feet to the place of beginning and
containing 1.378 acres of land.
I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify, to Ehna Dowler,
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 24th day of October, 2002, that the improvements shown thereon are
correct, that there doesn't appear to be any visible easements or encroachments other than those shown
thereon, and that this tract of land does not appear to lie in a flood zone as indicated by Community
Panel No. 480891 0009 A of the Flood Hazard Boundary Maps.
. ,-'f/(.. ?- ,_
J.M. Nelson, RPLS of Texas, #-4025 date
~.U. NELS~.!N
RP 1259 0191
EXHIBIT A
Raference Beadng: Center Une of US Hwy 271
CP No. 4808gi 0009 A FHBM
S 89'18'30' E .....
tr. ~2 ' 0.751 Ac. :
50 25 0
Edna M. DeVoss
RP
tr. ~16 - 75.3 Ac.
S 8732'21' E
4'3'
~._ 8'1' x 10'I'
metal strg.
Vol. 559.
1.378 AC
~p bout
Fror~e Res.
184-.28'
50 100
1" = 50' up" utility pole
LCOR
J.M. NELSON
J.M. Nelson, RPL$ of TexaS, #4025 date
Nelson Surveying Compeny
920 N. Main St. Peris, Texsa 75480
EXHIBIT A