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05&06 Nash ZoningDRAFT F:ALICE\ORDWORK\CURRENT\ll-6--03 Zoning Ords October 30, 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) ON LOT 28, BLOCK 1, WARREN ADDITION, ON PROPERTY CONTRACTED TO GARY NASH, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS A ONE- FAMILY DWELLING DISTRICT NO. 2 (SF-2); 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 LOT 28, BLOCK 1, WARREN ADDITION, on property contracted to GARY NASH, so as to include in such COMMERCIAL DISTRICT (C) 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 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 Asa Jarman Headright Survey of Lamar County, Texas, and a part of Lots 27 and 28 of the Warren Addition to the City of Paris, conveyed by Morris C. Rodgers and Pearl Rodgers to J. Gayther Rodgers on June 18, 1940, recorded in Volume 251, Page 506, Lamar County Deed Records, and being more particularly described as follows: BEGINNING at a point in the South boundary line of Maple Avenue, the Northwest corner of Lot 28 of said Warren Addition, also the Northeast corner of a lot belonging to Mrs. Naomi Veien; THENCE East with the South boundary line of Maple Avenue a distance of 66 feet to an existing fence; THENCE South with said existing fence to a stake; THENCE West a distance of 66 feet to an existing fence, the East boundary line of the lot belonging to Mrs. Veien and the West boundary line of Lot 28 of the Warren Addition; THENCE North with said fence on common line between Lot 28 and the Veien lot a distance of 81 feet to the South boundary line of Maple Avenue, the place of beginning, and being numbered 1855 Maple Avenue. 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 December 1, 2003. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 6th day of November, 2003. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ZONING CHANGE REQUE-ST 1855 ~,~APLE WOVEHBER 3,2003 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 Gary Nash , who upon oath deposes and says: "1 am Gary Nash and my address is P.O. Box 6249, Paris, Texas 75461 and my phone number is 903-785-7164 and I have a proprietary interest in property located within the corporate limits of the City of Pads being described as follows: Lot 28, Block I, Warren Addition 1855 Maple "My interest in the above described property is CONTRACT TO BUY and I do request a change in zoning from One-Family DwellinR District No. 2 (SF-2) to a Commercial District (C). "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? NO 2. Will the rs-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, morals or general welfare or protect and preserve historical and cultural places and areas or meet a substantial public need? YES 5. liAS A COPY OF THE LAND DEED BEEN SUBMITTED~YES. ('N) '~W~gnature of Applicant SWORN TO AND SUBSCRIBED BEFOKE ME, by the said this 9a' day of October ,2003 . Mattie Cunningham, City Clcrk N. ''-~ Gary N~h l~tary Public'~tate of Texas ~"f x'~'~'~ NOTARY PUBLIC ~,..~;.~/~'~..,,,/ STATE OF TEXAS 2252 Prepared by the State Bar o£Texas t'or usc by lawyer~ only. Revised WARRANTY DEED (Long Form) Date: March 27, 2003 Grantor: Sandi Shonebarger Grantor's Mailing Address (including county): 22 CR 2133 Detroit, Texas 75436 Grantee: Loyd R. Patterson Grantee's Mailing Address (including county): 1855 Maple Avenue Paris, Texas 75460 Consideration: Tea and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Property (including any improvements): All that certain tract or parcel ofinnd, situated on the South side of Maple Avenue In the City of Paris, Lamar County, Texas, described as follows, to-wit: A part of the Asa Jarman Headright Survey of Lamar County, Texas, and a part of Lots 27 and 28 of the Warren Addition to the City of Paris conveyed by Morris C. Rodgers and Pearl Rodgers to J. Gayther Rodgers on June 15, 1940, and recorded in Book 251, Page 506, Lamar County Deed Records. BEGINNING at a point in the SBL of Maple Avenue, the NW corner of Lot 28 of said Warren Addition, also the NE corner of a lot belonging to Mrs. Naomi Veien; THENCE East with the SBL of Maple Avenue 66 feet to an existing fence; THENCE South with said existing fence to a stake; · THENCE West 66 feet to an existing fence, the EBL of lot belonging to Mrs. Veien and the WBL of Lot 2g of the Warren Addition; THENCE North with said fence on common line between Lot 28 and the Veien lot 81 feet to the SBL of Maple Avenue, the place of beginning. Warranty Deed - Page I RP 1307P~,~[0084 Reservatlons from 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 casmrnents, mineral rcscrvatiuns and leases, if any, relating to the above described property, but only to thc extent they are still in effect, shown of record in the above mentioned County and State. THIS DOCUMENT WAS PREPARED WITHOUT BENEFIT OF TITLE EXAMINATION. Grantor, for thc considamtion and subject to the reservations from and exceptions to conveyance and warranty, 8rants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, ancccssors, or assigns forever. Grantor binds Grantor and Grantor's heirs, cxceutors, administrators, and successors to warrant and forever defend all and singular the properly to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against eve~ person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and cxccptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. (Acknowledgmen0 STATE OF TEXAS COUNTY OF LAMAR This instrument was aclmowledged before me on the 27th day of March, 2003, by Sandi Shoncbarger, NOTARY PUBLIC STAI'~.. OF TEXAS AFTER RECORDING RETURN TO: Loyd Patterson 1855 Map~ Avenue paris, Texas 75460 PREPARED IN THE LAW OFFICE OF: Sydney Young 2765 NE Loop 286 Paris, Texas 75460 Warranty Deed - Page 2 1307P £0055 85,0I' TAX T~ACT 3 / CITY BLOCK  200 60 LOT / LOT '"~" 14 E LOT LOT LOT i gca[e 1" = 60' File name~ \NSH19APR TAX TRACT CHANEY ENGINEERING INC, PH, # 903-784-6393 Being the 1,043 acre tract a~ ~how~ by Beplat of City Block 800, LOT~ 1I, 12, I3, 25 ~d Lot 20 of the ~r~rren Add/tion to the City of P~r~$ recorded by pl~t h~ Envelope 366-A of the L~m~r County TRACT i; 40460.8;82,4 SQUARE FT. TRACT ~: 5550,8641 SQUARE FT. TRACT 3: 18f~3.1~3i SQUARE PI'. LOT 84 LOT 10