12&13 Kyle Zoning RequestDRAFT
F:ALICE\ORDWORK\CURRENT\ 8-7-03 Ords-2
August 4, 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 COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52)
SIGNS AND BILLBOARDS ON LOT 26, CITY BLOCK 296, AS
REQUESTED BY RONALD KYLE, AGENT TO LEASE FROM EDDIE
THOMAS, OWNER, SO AS TO INCLUDE THEREIN TERRITORY
FORMERLY DESIGNATED AS A COMMERCIAL DISTRICT (C);
DESIGNATING THE BOUNDARIES OF THE COMMERCIAL DISTRICT
(C) WITH SPECIFIC USE PERMIT (52) SIGNS AND BILLBOARDS 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) WITH SPECIFIC USE PERMIT (52) SIGNS AND
BILLBOARDS be, and the same is hereby, established on LOT 26, CITY BLOCK 296, as requested
by RONALD KYLE, AGENT TO LEASE FROM EDDIE THOMAS, OWNER, so as to include in
such COMMERCIAL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) SIGNS AND
BILLBOARDS the hereinafter described property, which was formerly and is presently designated
as a COMMERCIAL DISTRICT (C), and that the boundaries of said COMMERCIAL DISTRICT
(C) WITH SPECIFIC USE PERMIT (52) SIGNS AND BILLBOARDS 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 Joseph Leach Survey, and a part of the
property described in deed from Ed W. Elliott et ux. to Dan Grooms dated March 24,
1960, and recorded in Volume 364, Page 602, Lamar County Deed Records, and in
deed from Mack L. Dewitt et ux. to Dan Grooms et ux. dated October 27, 1953, of
record in Volume 335, Page 579, Lamar County Deed Records, and being more
particularly described by metes and bounds as follows:
BEGINNING at an iron pin at the intersection of the South Boundary Line
of Pine Mill Road and the West Boundary Line of 35th Street N.E.;
THENCE South 0 Deg. 55 Min. East, with the West Boundary Line of 35th
Street N.E. a distance of 182.5 feet to an iron pin;
THENCE North 89 Deg. 11 Min. West a distance of 138.54 feet to an iron
pin;
THENCE North 0 Deg. 01 Min. West a distance of 181.5 feet to an iron pin
in the South Boundary Line of Pine Mill Road;
THENCE South 89 Deg. 34 Min. East a distance of 135.7 feet to the place
of beginning, containing 0.573 acre of land, more or less, and being the same property
described in deed from Betty Anne Parks to William David Thomas et al, dated June
11, 1986, recorded in Volume 697, Page 628, Lamar County Deed Records; reference
being made to all the above mentioned instruments and records for all necessary
purposes, and being number 495 35th 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 September 1, 2003.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 7th day of August, 2003.
ATTEST:
Curtis Fendley, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
MILL
ZONING CHANGE REQUEST
RON KYLE
JULY 7, 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
R0nald Kvle , who upon oath deposes and says:
"1 am Ronald Kvle and my address is 3140 Stacv Lane
and my p~one number is 903-785-3562 and I have a proprietary interest in property
located wi~'hin the corporate limits of the City of Paris being described as follows:
Lot 26, City Block 296
495 NE 35tn Street
'My interest in the above described property is AGENT TO LEASE
and I do request a change in zoning from Commercial District
to Commemial District {C) With SPecific Use Permit ~'52) Sions and Billboards
'In support of said request I make the fo[lowing answers to questions 1-4:
1. Will the re-zoning be in accordance w~th 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 bythe 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?
YES
4. Does the re-zoning bear a substantial relationship to the public health, safety, morals or
.gene[al welfare or protect and preserve historical and cultural places and areas or meet a
substantial public need? YES
5. HAS A C~OPY OF THE LAND DEED BEEN SUBMITTED?'~ES
Signature of Applicant
SWORN TO AND SUBSCRIBED BEFORE ME, by the said Ronald Kvle
this 29th day of May ,2003 .
Mat~ie Cunningham, Ciq/Cl~rk 'N
N~:ary Public, State of Texas
4 ~".,,~o~ NO'[ARY PUBLIC
4 t,,.~.~:~//..J STATE OF TEXAS
May28,3002
Mr. Mike Malone, City Manager
City of Paris
Paris, Texas 75460
Dear Mr. Malone:
I have consented to a lease agreement with Ronald Kyle. Mr. Kyle is leasing this
property to install an advertising sign. This property is located at Pine Mill Road
and 35th N. E. street in Paris, Texas.
Thankyou.
Eddie Thomas
THAT we, WILLIAM DAVID THOMAS and WILLIAM E. THOMAS, JR., herein Called
grantors; both ..~ ~
of the County of Lamar, State of Texas, for and in consideration
ofthe sum of . ' ................ DOLLARS
.00 and more ......................................
Ten ($10 ) .... .-~.--.~..~,,~K~w,,~-kbv E & D INVESTMENTS, INC., A Texas Corporat~,
in cash, receipt of which is hereby acknowledge=,
The further consideration of grantee~s agreement to pay and assumption of the hal-
ahem due, owing and unpaid on a note dated June 11, 1986 in the original principal
sum of $45,000.00, executed by grantors herein to LAMAR NATIONAL BANK, Paris, Texas,
payable as therein provided and secured by deed of trust of even date therewith, of
record in Book 308, Page 845, Lamar County Deed of Trust Records, covering the within
described property;
have Granted, Sold and Conveyed, and by these presents do
E & D INVESTMENTS, INC., A Texas Corporation,
whose mailing address is 2003 Clarksville Street, Paris, Texas 75460,
of the County of Lamar, State of Texas,
tract or parcel of land in Lamar County, Texas described as follows:
Grant, Sell and Convey, unto the said
all that certain
A part of the JOSEPH LEACH SURVEY within the corporate limits of the City of
Paris, and a part of the property described in deed from Ed W. Elliott et ux. to
Dan Grooms, dated March 24, 1960, of record in Book 364, Page 602, Lamar County
Deed Records, and in deed from Mack L. Dewitt et ux. to Dan Grooms et ux., dated
October 27, 1953, of record in Book 335, Page 579, Lamar County Deed Records; de-
scribed by metes and bounds as follows: ,
BEGINNING at an iron pin at the inte~section of the SB line of Pine Mill
Road and the WB line of 35th Street NE;
THENCE SOUTH 0 Deg. 55 Min. East, with the WB line of 35th Street NE, 182.5
fe&t, an iron pin;
THENCE NORTH 89 Deg. 11 Min. West 138.54 feet, an iron pin;
THENCE NORTH 0 Deg. 01 Min. West ~81.5 feet, an iron pin in the SB line of
Pine Mill Road;
THENCE SOUTH 89 Deg. 34 Min. East 135.7 feet to the place of beginning, con-
taining 0.573 acre of land, more or less, and being the same property described in
"4 4
dead from Betty Anne Parks to William David Thomas et al., dated June 11, 1986, of
record in Book 697, Page 628, Lam~r County Deed Records; reference being made to all
the above mentioned instruments and records for all necessary purposes.
The conveyance evidenced by chis deed is made subject to any and all easements,
rights-of-way, restrictions, covenants, cdnditions and reservations of record applic-
able to the within described property or any part thereof.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurlenances thereto in anywise belonging unto the said E & D INVESTMENTS, INC., A Texas
Corporation, its successors or
k~x~k assigns forever and we do hereby bind ourselves, our
heirs, executors and administrators, to Warrant and Forever Defend. all and singular the said premises unlo thc said
E & D INVESTMENTS, INC., A Texas Corporation, its successors
k~cand assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof.
But it is expressly agreed and stipulated that the Vendor's Lien as well as Superior Title is retained against the
above described property, premises and improvements, until the above note . and indebtedness herein assumed
by the Grantees. and all interest thereon are fully paid according to its face and tenor, effect and
reading, when this deed shall become absolute, but that a release of said note and indebtedness and the liens
securing same by the owner and holder of said note and indebtedness, shall be sufficient to release the lien herein
retained without the execution of any release by Grantors herein.
their heirs or assigns.
WITNESS our hands at Paris, Texas,
this 1st day of October, . 19 9_4~
~ - WIT~LIAM DA I THO
................................
WILLIAM E. THOMAS, JR.
(Acknowledgment)
STATE OF TEXAS
COUNTY OF LAMAR .
This instrument was acknow[edged before me on the ~7 day of ~. October,
by WILLIAM DAVID THOMAS and WILLIAM E. THOMAS, JR. /~/~
My commission expires: Notary Public,-St/e of Texas
~ Notary's printed name:
I STAT=: OF ....~,~,.,
~M¥ Comm. Exp, 9-26-96', (Ackno~'ledgment)
STATE' ~
COUNTY OF
, 1994,
This instrument was acknowledged before me on the
by
day of
,19
My commission expires:
Notary Public, State of Texas
Notary's printed name:
STATE OF TEXAS
COUNTY OF
(Corporate Acknowledgment)
by
This instrument was acknowledged before me on the
, of
day of , 19
corporation, on behalf of said corporation.
My commission expires:
Notary Public, State of Texas
Notary's printed name:
MOORE LAW FIRM, L.L.P.
First National Bank Building
108 Bonharn Street, Suite 300
Paris, Texas 75460-4171
RP 484mEl16
.9~99