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05&06 Aubrey Zoning Request DRAFT F:ALICE\ORDWORK\CURRENT\ 5-6--04 Zoning Ords April 30, 2004 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 ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3)WITH SPECIFIC USE PERMIT (39) MOBILE HOMES, ON LOT 21, CITY BLOCK 323, ON PROPERTY BELONGING TO RONNIE AUBREY, SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICUL TURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE ONE- FAMILY DWELLING DISTRICT NO.3 (SF -3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES SO ESTABLISHED; PROVIDING FOR A PENAL TY 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 ofthe 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 ofthe 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 ONE- F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES be, and the same is hereby, established on LOT 21, CITY BLOCK 323, on property belonging to RONNIE AUBREY, so as to include in such ONE-F AMIL Y DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES the hereinafter described property, which was formerly and is presently designated as an AGRICULTURAL DISTRICT (A), and that the boundaries of said ONE-FAMILY DWELLING DISTRICT NO.3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES be, and the same are hereby, established as follows: SITUATED within the corporate limits ofthe City of Paris, County of Lamar, and State of Texas, being a part of the John Watson Survey, more particularly described by metes and bounds as follows: BEGINNING at the Northeast corner of the 13 acre tract set aside to Mrs. Jewel Kemp in the partition deed between Mrs. Lucy Adams et ai, dated December 11, 1945, and recorded in Book 281, Page 121, Lamar County Deed Records, a stake in the West Boundary Line of the old Garretts Ferry Road, which beginning point is also the Southeast Corner ofthe 52.1 acre tract ofland set aside by said partition deed to Mrs. Lucy Adams; THENCE West with the South Boundary Line of said 52.1 acre tract a distance of 150 feet to a stake; THENCE South a distance of 60 feet to a stake; THENCE East a distance of 150 feet, more or less, to a stake in the West Boundary Line of said Garretts Ferry Road; THENCE with the said Garretts Ferry Road North 2 Deg. 31 Min. West a distance of 60 feet, more or less, to the place of beginning; and being a part of the tract ofland conveyed by L. E. Walden and wife, Faye Walden to E. D. Humphrey and wife, IvaHumphrey, on December 25, 1950, by deed recorded in Book 313, Page 382, Lamar County Deed Records, being numbered 2715 19th Street N.W. 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 ofa 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, 2004. PASSED AND ADOPTED by the City Council ofthe City of Paris, in regular session on this the 6th day of May, 2004. Curtis Fendley, Mayor ATTEST: 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 U\l1AR DEFORE ME. the undersigocd authorIty, on this d,y personolly 'ppeored RO~iIE !,"'REY , who upon o,th deposes end soys: , and my eddr", Is PHONE NUMBER 903-084-"62 "" N W "" and I ,"" 0 propdetory Into"" I" property 'm'od wIthin 'he corporo" liml's or u" City or Pods bolng d"odbod"follow"LOT2t . CITY BLOCK 323 2715 N.W. ",h. "My interest In the ,bOYe dascrlbed property Is .Q!!!illL ond I do roquost 0 chongo I" zo"lng from ~JW "I,m RONNIE AUBREY District to me" "NHY TN'" ", 1) Olstdct. "In sup;'¡,!¡' ~rE~NJerg~u'e:('!'\;,Wlh~or'¡h'o:p~;sanswers to questions l-~: zen I n;' sc~:~,:, t~: ;:~~:::~¡o~e b~n t~~O~;~~:~:o~: t~h:~e z:~I~:n:~dl~~~~:h:~d I~~e long CO"go """er p1on .on, "'"r thot h" boon odoptod by tho zo"'ng "dlno","7 YES Z. Will tho ro-zono, d"lgnotlon be compotlble with the c'osslFlcotlon and uso of odJolnlng hnds s~ " to ovoid ,dvmo Impoct on oclghbo"S7 YES J. Is the troct unsultoble for uses penNltted under lhe present zonln<) eloss- Hle,tlon: therefore Justifyln~ , change l"zonlnp7 NO ~. Does the ro-zonlng boor , substantlo! re!"tlonsl!II' to the public heo lth , sorety, mor,1s or genero1 wolfore or protect and p",er" 1,lstorlco!and cultm! p'oces ond ,reos " meet 0 substontl,1 public n"d7~FRC ARC NnHERons Nn"" HON" ,. TH' "" s. HAS A ~opy- QF TUE lANP PEEP ßEEH'SUßHITTE01 YES . "t1Î=--~ ~"j;7~ . ~ur^P'Þ'cont SWORN TO AND SUßSCRIDED DEFORE HE. by tho said ...R!lIilill. ^"AR," this ~d,y of MARCH . ZO~. ~ "o'ory I'ub"c, St,'o of 1oxo> FllEDI 'i'v\",-.,,&-, \à ~()" i ¡{râ}~h,'n9~'~ GIFT DEED 001356 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR THAT WE, LILLIAN ELIZABETH SISSON, LOUISE DOLLINS, ,WESTLEY SISSON,'LARRY SISSON, DONNIE K. HANCOCK, BONNIE CHANEY,.JIMMY SISSON, 'BRIAN SISSON, RICKY SISSON,.J::LIZABETH THOMPSON, and SA1\l.MY SISSON. ofthe County of Lamar, State of Texas/GARY SISSON, of the County of Pike, State of Arkansas, BARBARA SISSON, of the County ofPuslunataha, Slate of Oklahoma, and DIANE ROBINSON, ofthe County of Dallas, State ofTexas (all herein called "grantors), forthe purpose of making a gift to the grantee herein named; have Granted, Given and Conveyed, and by these presents do Grant, Give and Convey, unto RONNIE AUBREY and wife, VEL V ADEAN AUBREY (herein called "granlees"), of the County of Lamar, State of Texas, where their mailing address is 2715 19m NW, Paris, Texas 75460, ALL OF OUR UNDIVIDED INTEREST in and to all that certain tract or parcel of land in Lamar County, Texas described as follows: Two (2) Iracts of land situated in the JOHN WATSON SURVEY, and being the same property described in deed ITem J. V. Reed and wife, Martha Juanita Reed, to William Spencer Sisson and wife, Lillian E. Sisson, dated August 4,1987, of record in Book 712, Page 245, Lamar County Deed Records; more particularly described in Exhibil "A" atlached hereto and made a part hereof for all necessary purposes. The conveyance evidenced by this deed is made subject to any and all easements, rights-of- way, restriclions, covenants, condilions andreservalionsofrecord applicable to the within described r- property or any part thereof. CD 8:~ ~ -< '" -:tr I g~ ~ ';g \ =:¡-< ~ "":6 \ -<3: ,"'" : C? :e- ." :2 :;0 ~ S~ ~ ;1~ s¡ :;:.~ .;;. ....,~ -< N ~o .~. -1- RP 1290PAGEÛ250 """,- .----" 1118 EXIliDIT "A" ~:~~A part of the ,John Watson Survey. described by metes and as follows: BEGINNING at the NE Corner of the 13 acre tract set aside to Mrs. Jewel Kemp in the partition deed between Mrs. Lucy Adams et aI, dated December 11, 1945, and recorded in Dook 281, Page 121, Lamar Couoty Deed Records, a stake in the West Boundary Line of the old Garretts Ferry Road, "hieh beginning point is also the Southeast Corner of the 52.1 acre tract of land Set aside by said partition deed to Mrs. Lucy Adams; :::HENC3 ;;est "ith th" SOUti1 ßè.undary Cine of said 52.1 acre tract 150 ft., a stake; . THENCE South 60 feet, a stake; THENCE East 150 feet, more or less, a stake in the West Boundary Une of said Garretts Ferry Road; THENCE with the said Garretts Ferry Road North 2 Deg 31' West 60 feet, more or less, to the place of beginning; and being a part of the trac t of land conveyed by L. E. Walden and wife, Faye Walden to E. D. Humphrey and wife, Iva Humphrey, on December 25, 1950, by deed recorded in Book 313. Page 382, Lamar County Deed Records. Tract 2 Situated about 3 miles North"est of.the City of Paris, County of Lamar, and State of Texas, a part of the John Watson survey and being a part of an B acre tract nf land conveyed Jim Owsley by deed recorded in Vol. 452, Page 378, of the Deed Records of Lamar County, Texas; . BEGINNING at a stake for Corner in the North Boundary Une of said Owsley tract of land, said point being 146 ft. West of the prHSent Northeast Corner of 5,1°"" "aid point for corner being the Noi.t11West Corner of a lot no" OI'ned by J. V. Reed; TIiENCE liest a distance of 150 ft. to a stake for COmer in the North Boundary Une of saId O"sley traet of land; THENCE South a distance of 60 feet, a stake for Corner; THENCE East a distance of 150 ft. to a stake at the Southwest Corner of said Reed tract of land; THENCE North a distance of 60 ft. to the place of beginnIng and containing 0.21 acres of land. letur~ +o~ :JR"'e. t. W",,¡kce. ,;1115 ,<¡-II, N.W. '"'PM,"', T\ð '1 S<?IQO RP 670 PAGE 113 STATE OF TEXAS COUNTY OF LAMAR _. :I~. !Ij ~"~.t- Z <, t d).' , ~ '" .~ N II~. I" I ~. ~, .~ I\ / ,¡ . «> .¡ .. .¡.. . _I."'" Iß... 111.' .o \&\0 .~ .. I I~./~' IN ~ zOtIING CHANGE REQ~EST MAY 3, 2004 . ,RONNIE AUBREY 2715 N.~I. 19th. -' .' <1r