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03&04 Starks Zoning RequestDRAFT F:ALICE\ORDWORK\CURRENT\6-5-03 Zoning Ords June 2, 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 TWO-FAMILY DWELLING DISTRICT (2F) ON LOT 18, CITY BLOCK 259, ON PROPERTY BELONGING TO HENRY STARKS, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING THE BOUNDARIES OF THE TWO-FAMILY DWELLING DISTRICT (2F) 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 TWO- FAMILY DWELLING DISTRICT (2F) be, and the same is hereby, established on LOT 18, CITY BLOCK 259, on property belonging to HENRY STARKS, so as to include in such TWO-FAMILY DWELLING DISTRICT (2F) 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 TWO-FAMILY DWELLING DISTRICT (2F) 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 Lot 18, City Block 259, also being the same property described in deed from John F. Bell to Joyce A. Starks, recorded January 28, 1998, in Volume 745, Page 259 of the Lamar County Real Property Records, and being more particularly described as follows: BEGINNING at a stake in the East Boundary Line of 25th Street N.E. (formerly North 40th Street), a distance of 255 feet North of the Southwest corner of the 3.2 acres of land described in deed from Pearle C. Dickson and others to Charles R. Evans, dated May 17, 1915, recorded in Volume 155, Page 49, Lamar County Deed Records; THENCE North a distance of 95 feet to a stake; THENCE East a distance of 221 feet to a stake; THENCE South a distance of 95 feet to a stake; THENCE West a distance of 221 feet to the place of beginning, and being the same property as described in deed from Mrs. Jonnie Bennett to Jessie Davis and Billy Max Davis dated November 18, 1948, recorded in Volume 309, Page 343, Lamar County Deed Records, and being numbered 514 25th Street N.E. 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 July 1, 2003. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 5th day of June, 2003. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney MF'I ZONING CHANGE REQUEST RAY STARKS JUNE 2, 2003 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 Rev. Henry Starks , who upon oath deposes and says: "1 am Rev. Henry Starks and my address is Sprinqlake Storage. 2709 E. Cherrv St.. Paris, TX75460 and my phone number is 903-249-0311 903-784-1477and I have a proprietary interest in property located within the corporate limits of the City of Paris being described as follows: Lot 18, City Block 259 514 NE 25th "My interest in the above described property is OWNER and ~ do request a change in zoning from a One-Family Dwellinq District No. 2 to a Two-FamilyDwellinq District (2F) 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, morais or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES 5. HAS A COPY OF THE LAND DEleD. BEEN SUBMITTED? YES Signaturc~f Applicant SWORN TO'AND SUBSCRIBED BEFORE ME, by the said Henry Starks this 21st dayof April .2003 . Mattic Cunningham, City Clerk \ Notary Public, State of Texas WARRANTY DEED WITH VENDOR'S LIEN 514 25th NE · Paris, Tx. 75460 Consideration: Ten Dollars and no/lO0 {$10.00) and a note of even date that is executed by Grantee, payable to the order of FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF PARIS, Paris, Texas, hereinafter sometimes referred to as Lender. The note is secured by a vendor's lien retained in favor of Lender in this deed to the extent of $33,731.00, and by a Deed of Trust of even date herewith from Grantor to RICHARD H. MIS, Trustee. Lender, at Grantee's request, has paid in cash to Grantor, that portion of the purchase price of the property that is evidenced by a portion of the note described and as set forth herein. The vendor's lien and superior title to the property are retained for the benefit of and are hereby transferred and assigned to FIRST FEDERAL SAVItIGS & LOAN ASSOCIATION OF PARIS, Paris, Texas, Lender. Pro~erty (includlng any ~!~rovements): All that certain tract or parcel o~ land, situated in Lamar County, Texas and described as follows; to-wit; BEGINNING at a stake in the EB line of 25th Street NB (formerly North 40th Street), 255 feet north of the SW corner of the 3.2 acres of land described in deed from Pearle C. Dlckson and others to Chas. R. Evans, dated May 17, 1915, recorded in deed Rook 155, Page 49, Lamar County Records; THENCE NORTN 95 feet, a stake; TNENCE ~.~ST 221 feet, a stake; TNENCE SOUTN 95 feet, a stake; TNENCE WEST 221 feet to the'place· of beginning; Being the same property as described in deed from Mrs. Jonnie Bennett, to Jessie Davis and Billy Max Davis, dated Nove~er 18, 1948, of record in Book 309, Page 343, Lamar County Deed Records. l~eservations fzc~ and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time~ Any and all restrictions, covenants, conditions and easements, mineral reservations and leases, if any, relating to the hereinabove 04~'7 described property, but only to the extent they are still in effect, shown of record in the hereinabove mentioned County and State. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the ~lroperty, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it =o Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns, against every person whomsoever lawfully claiming or to claim'the sam~ or any part thereof, except as to the reservations from and exceptions to warranty. : The vendor's lien against and superior title to the property are retained until each note described is fully paid according to its terms, at which time this deed shall become absolute. When the context requires, singular nouns and pronouns include the plural. EXECUTED this the ~ day ~f January, 1998 (AcKNowLBDGMENT) STATE OF COUNTY OF This tnstrtument was acknowledged before me on this day of January, 1998 by John F. Bell. 2769 NE Loop 266 Paris, Texas 75460 Return To: Joyce Starks 514 NE 25th Paris, Texas 75460 RP 745P ,OE 260