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05&06 Kyle Zoning RequestDRAFT F:kAttorney\Lisa\Ordinances\CURRENT\9-4-03 Zoning Ords.wpd August 28, 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 GENERAL RETAIL DISTRICT (GR) WITH SPECIFIC USE PERMIT (52) SIGNS AND BILLBOARDS ON LOTS lB AND lC, CITY BLOCK 315, AS REQUESTED BY RONALD KYLE, AGENT TO LEASE FROM D. WAYNE BROWN, OWNER, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A GENERAL RETAIL DISTRICT (GR); DESIGNATING THE BOUNDARIES OF THE GENERAL RETAIL DISTRICT (GR) 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 GENERAL RETAIL DISTRICT (GR) WITH SPECIFIC USE PERMIT (52) SIGNS AND BILLBOARDS be, and the same is hereby, established on LOTS lB AND lC, CITY BLOCK 315, as requested by RONALD KYLE, AGENT TO LEASE FROM D. WAYNE BROWN, OWNER, so as to include in such GENERAL RETAIL DISTRICT (C) WITH SPECIFIC USE PERMIT (52) SIGNS AND BILLBOARDS the hereinafter described property, which was formerly and is presently designated as a GENERAL RETAIL DISTRICT (C), and that the boundaries of said GENERAL RETAIL 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 Lots lB and lC, City Block 315, and being number 3755 Loop 286 N.E. Lot 1-B Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Joseph Leach Survey #524, and being a part of a 7.539 acre tract of land conveyed Kay Brown et al by deed recorded in Volume 592, Page 328, of the Deed Records of said Lamar County, Texas, and being more particularly described as follows: Beginning at an iron pin (s) for corner in the East Boundary Line of Loop Hwy. 286 at the Southwest corner of a 1.687 acre tract of land conveyed out of said 7.539 acre tract, said point being South 11 Deg. 53 Min. East a distance of 170.4 ft. from the Northwest corner of said 7.539 acre tract; THENCE North 87 Deg. 04 Min. East a distance of 445.2 ft. to an iron pin (f) for corner at the Southeast corner of said 1.687 acre tract, said point being the Northwest corner of an 8.199 acre tract of land conveyed D. Wayne Brown et al by deed recorded in Volume 635, Page 897, of said Deed Records; THENCE along the East Boundary Line of said 7.539 acre tract and the West Boundary Line of said 8.199 acre tract as follows: South 0 Deg. 16 Min. West a distance of 438.1 ft to an iron pin (s); South 0 Deg. 30 Min. West a distance of 35 ft. to an iron pin (s) for corner; THENCE South 83 Deg. 13 Min. West a distance of 273.6 ft. to an iron pin (s) for corner; THENCE along the East Boundary Line of said Loop Hwy. 286 as follows: North 20 Deg. 37 Min. West a distance of 444.6 ft. to a concrete marker (f); North 11 Deg. 53 Min. West a distance of 68.1 ft to the place of beginning and containing 4.035 acres of land. Lot 1-C Situated about 2 miles East of the Court House, Paris, County of Lamar, and State of Texas, a part of the Joseph Leach Survey and a part of the Enoch Crown Survey and also being a part of the same land described in deed from J. K. Guest, Jr. to Chisum Square Partnership, recorded in Volume 1052, Page 84 of the Real Property Records of Lamar County, Texas, and being more particularly described as follows: Beginning at the Northwest corner of Lot 1 City Block 315; THENCE East a distance of 273.5 feet to the Northeast corner of said lot; THENCE South a distance of 130.8 feet to the Southeast corner of said lot; THENCE West a distance of 230.1 feet to the Southwest corner of said lot; THENCE North a distance of 140.7 feet to the place of beginning. 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 $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective October 1, 2003. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 4th day of September, 2003. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ZONING CHANGE REQUEST RON KYLE SEPTEMBER 2, 2003 AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710 STATE OF TEXAS ! · COUNTY,OF LA~R ~ · BEFORE ME, the undersigned authoriCy, on Lids day personally appeared RONALD KYLE , who upon oath deposes and says: "1 alii RONALD KYLE , and my address ts PHONE NUMBER 903-785-3562 3140 STACY LANE amd I bare a proprietary Interest in proper~y located w~tbtm the corporate lh~dts of Um C~y ~ P~r~s be~n~ de~cr~bed a~ fol]ow~: LOTS lB & lC CITY BLOCK ~15 3~00 N.E.?LOOP 286 "My ]n~eres~ ~n the above described property ~s AGENT TO LEAS~ D~$~r~C~ to GENE~L RETAIL: (~R) WITH SPECIFIC USE PE~IT (52)<SIGNS AND BILLBO~S "In suppor~ of sa~d requesk I make ~he ~ollow~n~ ~nswer~ to ques~ons 1-4: 1. W~]l the re-zontn~ be ~n accordance w~b Um'or~n~] comprehens~w zon~n~ scheme, as represented by U~e pre-e~t~b~{~bed zon~n~ ordinance ~nd the lon~ ran~e ma~ter plan .and map that has been ~dop~ed by Um ~on~ng ord~nance~ YES 2. Will the re-zoned designation be compatible with tile classification and use of adjoining lands s~ as to avoid adverse impact on neighbors? YES 3. Is the tract unsuitable for uses permitted under the present zoning class- Ification; Umrefore Justifying a change In'zonin,q? YES 4. Does tile re-zoning bear a substantial rela'ttonshlp to the public health, safety, morals or general welfare or pro,oct and preserv~ historical .and cultural places and areas or meet a substantial public need? YES · 5, BAS A COPY' ))F TUE I~AND DEED BEEN 'SUB~:'~ YES · SiDnatu~e aT' Aplil( qan ~ SWORN TO AND SUBSCRIBED BEFORE ME, by ~h~, said RONALD KYLE this llth. day Of AUGUST· , ~0 03,~.~ attic Cunnlngh~m,~ clcy Cter~ ~' - August 11, 2003 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 3755Loop 286. N. E. in Paris, Texas. Thank you. Wayne Brown All Men by ~hese ~resen~: .......................................... {$tO.O0) J Rr 1~,$,AC[1S3 ~'*~7. i~,:'''tURN TO .... 1 ' Joseph Leach Survey f524, an~ J.H. Nelsofl, R.P.5. of Texas, f402S ~tARRANTY' DF.,~ D 001;~14 01-4033 STAT OF ~ ~o~ A~ M~ BY THeE PR~S: COU~ ~ ~AR THAT D. WAYNE BRO~, not jotned b~ m~ spouse heroin because ~e hereina~er described realw Is my sole management communiw pmpe~ and Is not pa~ of our hom~mad, never having been claimed, inmnded, occupied, or used as such, our homestead consisOng of other pmpe~ In Lamar Counw, lexas, where we now reside, and ~Y BROWN and wife, FAY BROWN, Tmsmes of ~e BRO~ FAMILY TRUST, b~ Trust A~ee~ent dared Ma~ 8, 1991, "Grantor" herein, for and in consideration of ~e sum of TEN AND NO/IOO BOLLAR5 ($10.00) cash, and o~er good and valuable considera~on m us in hand paid by CHISUM 5QUA~ PARTNERSHIP, a Texas General Parmership composed of D. WAYNE gROWN and ~Y BRO~ and wife, FAY BRO~, T~stees of the BROWN FAMILY TRUST, "Grantee" herein, ~e r~eipt and sufficlenw of whkh are hereb~ ac~owledged; and ~e ~nher consideration of Grantee's assump~on and agreement m pay ~e unpaid balances due and owing m First Federal Communi~ Bank, Paris, lexas, on ( 1 ) Note dated ~u~st l O, 1984, executed by Ka~ grown, Wayne Brown and J.K. Guest, Jr., payable m ~e order of First Federal Savln~ and Loan ~sochdon In ~e p~ndpal sum of $335,000.00, secured by the liens and provisions of a Deed of lmst of even date ~erewi~ m ~chard M. Amis, Trustee, filed for record In Vol. 290, Page 421, Lamar Counw geed Records; and (2) Note dated December 12, 1985, executed b~ Ka~ grown, b. Wayne Brown and J.K. Guest, Jr., payable to the order of First Federal $avln~ and Loan ~sodafion In ~e principal sum of $420,0~.00, secured by the liens and provisions of a Deed of lmst of even date ~erewl~ m Richard M. Amis, Trustee, flied for record In Vol. 30~, Page 400, tamar Coun~ Deed R~ords have Granted, Sold and Conve~ed, and by ~ese presen~ do Grant, Sell and Convey, unto ~e said CHISU~ SQl/ARE PARTNERSHIP, a Texas General Pa~ershlp composed of BROW~ and ~Y BROWN and wife, FAY BROW~, Tmsmes of ~e BROW~ FAMILY whose mailing address Is 3755 NE Loop 286, Pads, Texas 75462, of ~e Counw of Lamar, Sure of Te~sj All of our undivided right, title and Interest In and'~o all those certain ~racts or parcels of land, lying and being situated wlthln the Corporate Limits of the City of Paris, Lamar County, Texas, a part of the Joseph Leach Survey and the Enoch Crow Survey, being all of the property described In the REPLAT of LOTS lC, I D~ and LOT 6 in City Block 315, shown of record In Envelope 278-C, Plat Records of Lamar County, Texas, and being more particularly described on Exhibit "A" attached hereto, SAVE, EXCEPT AND LESS LOT 6-A, 6-D, and l-D, previously conveyed away; and aH of the property described on PLAT of LOTS 6, 6-B, and 6-C, Clty Block 3! 5, shown of record In Envelope 285-C, Plat Records of Lamar County, Texas, and being more particularly described off Exhibit "B" attached hereto, SAVE, EXCEPT AND LESS LOT 6-B previously conveyed away. THIS CONVEYANCE IS MADE AND ACCEPTED SUBJECT TO ALL VALID AND SUBSISTING RESTR!CTIONS, RESERVATIONS, COVENANTS, COND!TIONS, RIGHTS-OF- WAY, AND EASEHENTS PROPERLY OF RECORD, IF ANY, AFFECTING THE ABOVE- DESCRIBED PROPERTY. TO HAVE AND TO HOLD the above described premises, ~ogether wlth all and slng~lar the Hght~ and appurtenances per~aining thereto, including all of the Grantors' right, tlde and interest In and to adjacent streets, alleys, and r~ght-of-ways unto Grantee and Grantee's he[rs~ successors and assigns forever, and Grantors do hereby bind themselves, thelr heirs, successors and assigns, to Warrant and Forever Defend, all and slngular the said premises unto the said Grantee, their heirs, successors and assigns, agalnst every person whomsoever [awfully claiming, or to claim the same, or any part thereof. WITNESS Its hand at Paris, Texas this 15th day of February, 2001. D. WAYIqE B~OWN ' - ~ KAY BROWN and wife, FAY BROWN, Trustees for the BROWN FA]VIILY TRUST By ~'~"~_,~' ~ ' I~ BROWN, Trustee FAY BROWN, Trustee WAR~N~ DEED--Page 2 (Acknowledgment) STATE OF TEXAS 6 COUNTY OF LAMAR 5 This instrument was acknowledged before me on the,_~ day of &-4~r~ary, 2OO1 by D. WAYNE BROWN. ,, /~ l~ ll ,, · Hy commission expires: ~ _ _ _ No,aP/Pub[l~, Stat~bf Texas ' !~~l N orary's printed name: (Acknowied~rnen0 STATE OF VIRGINIA 8 8 COUNTY OF (,~((QI~ This instrument was acknowledged bet'ore me on the ~V1 day of ~ ~ 2001 by KAY BROWN and FAY BROWN, Trustees of the Brown Family Trust, ontt}ehaif 0f s~ld Trust. I~y~commission expires: , /~,7~ ~ ~) _~ ~' No~ublic, State of Virgin]a No~ary's ~n,ed name: ~/'~/~'.~ J WARRANTY DEF. D--PaBe 3 CI,,n~/A_c/Brown_wLChL~mSquare_WR_D_CSH 1052 o 079 5c~]~ I% lO0' ~oO? REPLAT OF LOTS lC, ID, AND LOT 6 CITY BLOC~' NO. 315 OWNER ,.JANUARY 1985 D. WAYNE BROWN ' .,~,.~.c~-C_., R? 1052¢~o~ 080 CHANEY ENGINEERING, INC. ~P 1052P~E 081 ~,~. ,. . . FINAL OWNER OCTOBER 1986 D. WAYNE BROWN% ~.44 Ac~s 082 ~.~. ~'7,. ]HANEY ENGINEERING *"'"' .... " ~ ~ ~... : :' ~ I052~[ 083 RRANT 0 0 ! ! $ 01-4033 STAT OF COU 6 THAT I~ J.K. GUEST~ JR., not joined, by my spouse herein because ~e herelna~er d~cribed real~ Is my sole management communl~ prope~ and Is no~ pa~ of our home~ead, never having been claimed, In~ended, occupied, or used as such, our homestead consisting of o~er prope~ in ~mar Count, Texas, where we now r~ide, "Granmr" herein, for and In consideration of ~e sum of TEM AND NO/100 DOLLARS ($10.~)'cash, and o~er good and valuable consideration to me In hand paid by CHISU~ SQUARE PAR~ERSHIP, a Texas General Pa~ne~hlp composed of D. WAYNE BROWN and ~Y BROWN A~D FAY BROWN, TRUSTEES OP THE BROWS FAMILY TRUST, "Grantee" herein, ~e recelptand su~cien~ of which are hereby ac~owledged~ and ~e ~er consideration of ~e execution and de{ive~ by said Grantee of one ce~In promlsso~ no~e of even date herewi~ in the principal sum of $S00,0~.~, payable ~o ~e order of FIRST FEDE~L CO~USITY BA~K, herein called "~o~agee", bearing interest a~ ~e rate ~erein pro~ded; said Note confining an a~omey's fee clause and vaHous acceleration of mamr[~ clauses In case of default, and being secured by Vendor's Lien Superior Tide re~Ined herein In f~vor of Grantor, and assl~ed m ~o~age% and also being secured by a Deed of T~st to Richard ~. Am~, Trustee, and WHER~S, ~o~agee has, at ~e special Ins~nce and request of Grantee, paid to Gran[or $ I 6S,000.O0 of ~e purchase price or ~e prope~ hereina~er described, as evidenced by ~e above described No~, said Vendor's Lien and Supe~or Tide agains~ said prope~ securing paymen[ of said Note are hereby assl~ed, ~amferred and delivered wi~out recourse to ~o~age% Grantor hereby conveying m said ~o~agee ~e said Superior Tide to said prope~, subrogadng said ~o~agee m all ~e righ~ and remedies of Grantor in ~e premises by vl~e of sald lien; and ~e ~er consideration of Grantee's a~umpdon and a~eement to pay ~e unpaid balances due and owing to FIRST FEDE~L CO~U~I~ BANK, Paris~ Texas, on ~ote da~ed Au~s~ 10~ 1984~ execu[ed by Kay Brown~ D. Wayne Brown and J.K. Guest, }r., payable to ~e'order of Firs~ Pederal Savln~ and Loan ~socladon in ~e principal sum of $33S,~.00, secured by ~e liens and provisions of a Deed of T~st of even da:e ~erew[~ m Richard ~. Amis, Trustee, filed for record In VoL 290, Page 421, Lamar County Deed Records; and Note dated December 12, 1985, executed by Kay Brown, D. Wayne Brown and ].K. Guest, Ir., payable to the order of First Federal Savings and Loan Association in the principal sum of $420,000.00, secured by the liens and provtslons of a Deed of Trdst of even date therewith to Richard M. Amis, Trustee, filed for record in Vol. 304, Page 400, Lamar County Deed Records; have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said CH1SUM SQUARE PARTNERSHIP, a Texas General Parmership composed of D.WAYNE BROWN and KAY BROWN AND FAY BROWN, TRUSTEES OF THE BROWN FAMILY TRUST, whose mailing address ts :]755 NE Loop 286, Paris, Texas 73462, of the County of Lamar, State of Texas; All of my undlvtded right, tide and interest' in and to all of the properties comprising Chisum Square presently owned ]otndy by Grantor and Grantee, lying and being situated within the Corporate Limits of the City of Paris, Lamar County~ Texas, a part of the Joseph Leach Survey and the Enoch Crow Survey, including but not limited to all of the property described in the REPLAT of LOTS 1 C, 1 D, and LOT 6 In City Block 315, City of Paris, shown of record In Envelope 278-C, Plat Records of Lamar County, Texas~ and being more particularly described on £xhibit 'A' attached hereto; SAVE~ EXCEPT AND LESS LOT 6-A~ 6-B, and l-D, previously conveyed away; and all of the property described on PLAT of LOTS 6, 6-B and 6-C, City Block :~15, shown of record in Envelope 285-C, Plat Records of Lamar County, Texas, and more particularly described on Exhibit "B" attached hereto, SAVE, EXCEPT AND LESS LOT 6-B, previously conveyed away. THIS CONVEYANCE IS I~IADE AND ACCEPTED SUBJECT TO ALL VALID AND SUBSISTING RESTRICTIONS, RESERVATIONS, COVENANTS, CONDITIONS, RIGHTS-OF- WAY, AND EASEbtENTS PROPERLY OF RECORD, IF ANY, AFFECTING THE ABOVE- DESCRIBED PROPERTY. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances pertaining thereto, Including all of the Grantor's right, tltJe and Interest in and to adjacent streets, alleys, easements, and right-of-ways, unto Grantee and Grantee's heirs, successors and assigns forever, and Grantor does hereby bind himself, his heirs and assigns, to Warrant and Forever Defend, all and singular the said premises unto the said Grantee, Its helrs, successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. WARR~kNTY DEED--Page 2 W ITN£SS my hand at Paris, Texas thls 5th day or ].K. GUEST, IR. (Acknowledgment) STATE OF TEXAS 6 COUNTY OF LAF1AR This Instrument was acknowledged before me on the ~- day of March, 2001 by ].K. Fty commission expires: '---~o~ary'Pul~lic, StYe of Texas-' WARRANTYDI:ED--Paje3 J~P ~.052P,~GE 088 ~~LAT 'OF LOTS lC, ID, AND LOT tB CITY BLOC[ ~0, 315 OWNER JANUARY 1985 ' D. WAYNE BROWN ' _ ~%_(_. R? 1052~ 087 SURVEYOR ~'~' "~ ' ........ IHANEY ENGINEERING,INC. ~ 1052ela~ 088 089 E X ~ I g I T 'B", Page 2 of 2 L, ,~..,~,_~g... ENGINEERING, INC. RP 1052fAG~ 090