07&08 Carter Zoning RequestDRAFT
F:XAttorneyXALICE\ORDWORK\CURRENT\5-8-03 Zoning Ords.wpd
May 5, 2003
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING ORDINANCE NO. 1710, THE ZONING
ORDINANCE 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 LOTS 1 AND
2, CITY BLOCK 399, ON PROPERTY BELONGING TO PHIL CARTER
AND PHILLIP BRANDON CARTER, 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 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 #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 Volume 589, Page 543 of the Deed Records of said County and State, and
being more particularly described as follows:
BEGINNING at a chain link post (f) for corner at the Northeast corner of
said tract #1 and at an el corner 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 #1 a distance of 160.74 feet to a capped (JMN - 4025)
iron pin (s); South 30o10'09'' 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 52o55'40'' West a distance of 95.10 feet to a
capped (JMN - 4025) iron pin (s) for corner;
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
corner;
THENCE North 9o29'43'' East along a fence a distance of 137.86 feet to
a chain link post (f) for corner;
THENCE along a fence as follows: South 89o18'30'' East a distance of
86.10 feet to an iron pipe (f) at the Northeast corner of said tract #2 and at the
Northwest corner 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, and 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 June 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session
on this the 8th day of May, 2003.
ATTEST:
Mayor
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 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~" SE
2950 CYPRESS, PARIS, TX and my phone number is 903-785-2529 & 903-785-1826
and I have a proprietary interest in properly 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 Aqricultural (AI 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 crassification 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 relafionship to the public health, safety, morals or
general welfare or protect and preserve historical and cultural places and areas or meet'i?,.
substantial public need? YES ,;
5. HAS A COPY OF THE LAND DEED BEEN SUBMIttED? ,/'~.~'~
Signature of ApplicOn"" -- wv
SWORN TO AND SUBSCRIBED BEFORE ME, by the said PHIL CARTER and PHILLIP
BP, AN DON CARTER
this 6th day of March_____.L_~. 2003 . (,t,~'Y~t,~. C~, //~'~-
I'~tary Public, State of Texas
4t5~).1 STATEOFTE~S ~
Manic Cunningham, City Clerk N
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, 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 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 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 BANK OF AMERICA N.A. ("Lender"),
as therein specified, providing for acceleration of maturity and for attorney's fees, the payment of~vhich note
is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date
herewith 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 County, Texas and being described to-~vit:
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 Lamar County
Water Suppl. v Corporation of record itt Vohtnte 652 Page 867 Deed Records of £amar CounO,, Te_,cas. 2) Easement to Te_vas Power
and £ight Company of record in Vohtme 211 Page 106 Deed Records of £amar CounO', 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 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 every person whomsoever claiming or to claim the same or any part thereofi
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 fiflly paid according to the face, tenor, effect and reading
thereof, when this Deed shall become absohlte.
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 Snperior 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 cnrrent ad valorem taxes on the property having been assumed by Grantee.
It is contemplated that this deed will be signed in counterparts. __
EXECUTED EFFECTIVE the 1ST da)' of NOVEMBER, 2002. -
EDNA M. DOWLER
CLARENCE DOWLER
ACKNOWLEDGMENT
THE STATE OF MISSOURI
The foregoing instrument was acknowledged before me on the/~day of NOVEMBER, 2002, by
NO~RY PUBLIC, STATE~ MI~U~
My Commission Expires ~ Nota~'~ printed name '/
THE STATE OF TEXAS
CO~TY OF
The foregoing instrument w~ acknowledged before me on the ~ day of NOVEMBER, 2002, by
CLARENCE DOWLER.
NOTARY PUBLIC, STATE OF TEXAS
My Commission Expires Notary's printed name
Grantee's ,4 ddress:
(lifter Recording, Return to.')
RP 1259 E0189
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 day of NOVEMBER, 2002, by
EDNA M. DOWLER.
NOTARY PUBLIC, STATE OF MISSOUKI
My Commission Expires Notary's printed name
THE STATE OF TEXAS §
COUNTY OE ~o. co~ §
The foregoing instrument was ac 'knowledged before me on the } ;2.. day of NOVEMBER, 2002, by
CLARENCE DOWLER.
N(~TAI~Y PUBLIC, STATE OF TEXAS
~otary's printed name
My Commission Expires
Grantee's Address:
(After Recording, Return 'o0 N$A~iN.~ ~ I~
RP 1259P oEO190
Nelson Surveying Company
920 North Main Street Paris, Texas 75460
803-785-3551 fax 903-785-3399 e-mail jimn~stargate,lstarnet, com
Jim Nelson, owner ~
J. M~Nelson, Registered Professiona'~'~and Surveyor of Texas, ~4825 ~
Car[er O[sk-S04 JWWii[iams#1001 USHWY271
Situated about 4'/= miles South 68° 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 (f) for comer at the NortheaSt comer of said tract #1 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 0°53'02" West atong 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 (0 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 ~, a diStance of 184.28 feet to the place of beginning and
containing 1.378 acres of rand.
I, J.M. Nelson, Registered Professional Land Surveyor of Texas, f/.4025, cartihJ, 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.
,4..
J.M. Nelson, RPLS of Texas, #4025 date
EXHIBIT A
RP 1259 0191 ,
CP No. 480891 ooog A FHnM Dl~k-~O
nee Bearing: Cen~ Una of US Hwy 271 10-2~02
...... ~.~-~.~
· S 89~8'30" E ..... S 89'32'21" E 184,28'
atrg.
: LCOR
~9 ~e~ Edna M. OeVoss ~ Vol. 589, Pcge 543
1.378 AC
.
1" 50' up ut~It7 pale J.M. Nelson, RPLS of Texas, ~4025 dote
=op~ed Iron pin
Nelson Surveying Company
920 N. M~n ~ P~a, Tex~ 7~
EXHIBIT A