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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