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HomeMy WebLinkAboutORD 77-116ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 76-16 FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR CLUSTER HOUSING DEVELOP- MENT BY ADDING A 13.989 ACRE TRACT HEREIN DESCRIBED IN ACCORDANCE WITH A "PRELEAINARY PLAT" AND PROVIDING FOR THE FILING OF A DECLARATION COVERING THE 13.989 ACRE TRACT. WHEREAS, on the 10th day of February, 1976, the City Council passed Ordinance No. 76-16 granting to Beaumont, West, Inc., a specific use permit for cluster housing development in accordance with Section 42-20.1 and Section 42-20.4 of the Code of Ordinances of the City of Beaumont, as amended, for a certain 13.263 acre tract of land therein described; and, WHEREAS, on October 24, 1977, the Planning and Zoning Commission of the City of Beaumont recommended that the specific use permit for a cluster housing development to Beaumont West, Inc. be amended to include that certain 13.989 acre tract of land hereinafter described as two (2) tracts of land ccoprising said 13.989 acre tract of land; and, WHEREAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMDNT: THAT a specific use permit for a cluster housing development in ac- cordance with Section 42-20.1 and Section 42-20.4 of the Code of Ordinances of the City of Beaumont as amended, be granted to Beaumont West, Inc. and to their legal representatives, successors, and assigns for that certain 13.989 acre tract of land more particularly described as follows: r" J rt77Yh CT , . !1A!1 BEING a 12.025 acre tract of land out of the Hezekiah Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, described as follows: BEGINNING at an iron pin which marks the southwest corner of the tract herein described, said BEGIN- NING CORNER being located on the north line of Beaumont West, Section One and being North 86° 43' 12" East a distance of 20.10 feet measured along the north line of and from the northwest corner of Beaumont West, Section One, plat of which is re- corded in Volume 12, Page 38, Map Records, Jef- ferson County, Texas; THENCE North 86" 43' 12" East along the north line of Beaumont West, Section One a distance of 718.04 feet to an iron pin for corner on the east right of way line of Bryant Way as it exists in said Beaumont West, Section One; THENCE North 00° 00' 33" West a distance of 50.0 feet to an iron pin for corner and the beginning of a curve to the right; THENCE along the arc of a curve a.distance of 98.98 feet to an iron pin for corner at the end of said curve, said curve having a central angle of 201 00' 00" and a radius of 283.56 feet; THENCE North 190 58' 27" East a distance of 455.0 feet to an iron pin for corner; THENCE North 70" 00' 33" West a distance of 210.00 feet to an iron pin for corner; THENCE North 870 39' 22" West a distance of 663.33 feet to an iron pin for corner; THENCE South 02° 20' 38" West a distance of 715.22 feet to the PLACE OF BEGINNING. TRACT "B" BEING a 1.964 acre tract of land out of the Hezekiah Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, described as follows:. BEGINNING at an iron pin which marks the intersection of the east right of way line of Bryant Way and the north line of Beaumont West, Section One, plat of which is recorded in Volume 12, Page 38, Map Records,.Jef- ferson County, Texas; THENCE North 001 00' 33" West a distance of 50.0 feet to an iron pin for corner and the beginning of a curve to the right; -2- THENCE along the arc of a curve a distance of 98.98 feet to an iron pin for corner at the end of the said curve, the,cuzve having a central angle of 20° 00' 00" and a radius of 283.56 feet; THENCE North 190 58' 27" East a distance of 123.24 feet to an iron pin for corner; THENCE North 891 59' 27" East a distance of 326.44 feet to an iron pin for corner; THENCE South 000 14' 57" West a distance of 145.44 feet to an iron pin for corner; THENCE South.521 44' 32",West a distance of 113.07 feet pass the northwest corner of the aforementioned Beaumont West, Section One and at a total distance of 170.36 feet to an iron pin for corner; THENCE continuing along the north line of said Beaumont West, Section One South.861 43' 12" West a distance of 249.80 feet to the PLACE OF BEGINNING. Which said tracts contain -an area a total of 13.989 acres,of land, more or less. Section 2. That this specific use permit herein granted is expressly issued for and in accordance -'with that certain "preliminary plat" for Beaumont West, Section.Two, Beaumont, Texas, which "preliminary plat" is attached hereto as .Exhibit "A" and made a part hereof for all pur- poses. Also attached hereto as Exhibit "B" is that certain "Supple- mental Declaration of Covenants, Conditions and Restrictions, Beaumont West, Section Two, Beaumont, Texas" dated November 3, 1977; which exhibits are made a part of this specific use permit as fully and completely as though copied verbatim. Section 3. As a condition to the issuance of this permit, permittee shall file in the appropriate records of the County Clerk of Jefferson County, Texas, a copy of said Exhibit "B" prior to the issuance of a certificate of occupancy by the City of Beaumont for any residential unit within Section Two as defined in said exhibit of the 13.989 acre tract of land hereinabove described in Section 1 o this ordinance. Further, this permit is expressly issued subject to compliance with all appropriate revisions of the Code of Ordinances of the City of Beaumont. -3- PASSED BY THE CITY COUNCIL oftheCity of Beaumont this the.. day of % l/v , 1977: 91 t AMayor -4- EXHIBIT: 1°B" SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BEAUMONT WEST, SECTION TWO BEAUMONT, TEXAS THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § That this SUPPLEMENTAL DECLARATION (the "Supplementary Declaration") is this day made by BEAUMONT WEST, INC., a Texas Corporation domiciled in Jefferson County, Texas (the "Declarant"). W I T N E S S E T H: WHEREAS, Declarant has heretofore executed and filed for record in Volume 1948, Page 419 of the Deed Records of Jefferson County, Texas, a certain instrument in writing designated and entitled P1DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - BEAUMONT WEST, SECTION ONE - BEAUMONT, TEXAS" (the "Original Declaration"); and WHEREAS, there is set out and described in the Original Declara- tion a certain 13.263 acre tract of land lying in Jefferson County, Texas; and WHEREAS, accompanying the Original Declaration, and filed for record in Volume 12, Page 38 of .the Map Records of Jefferson County, Texas, is a Map or Plat depicting the aforementioned 13.263 acre trace of land and designating same as "BEAUMONT WEST, SECTION ONE"; and WHEREAS, the Original Declaration defines "Addition" as being the subdivided 13.263 acre tract referenced above (and described therein) "...and such additions thereto as may hereafter be brought within the jurisdiction of the Association...."; and WHEREAS, the Original Declaration provides that Declarant, at its sole election, may bring within the scheme of the Original Declaration all or part of the additional properties, consisting of 53 acres, more or less, designated upon the above referenced Map or Plat for "Future Development" ,by filing of record a supplementary s declaration of covenants, conditions and restrictions with respect to such additional property, extending the scheme of the covenants contained in the Original Declaration to such additional property; and WHEREAS, the Original Declaration further provides that the supplemental declaration may contain complimentary additions to the Original Declaration, provided, however, that the supplemental declaration shall not revoke, modify or add to the covenants established by the Original Declaration for the property expressly described therein; and WHEREAS, Declarant now desires to bring into the Addition (as that term is .defined in the Original Declaration) and within the jurisdiction of the Association -and the integrated scheme of develop - mens and ownership as provided in and contemplated by the Original Declaration two (2) additional tracts or parcels of land lying adja- cent and contiguous to the perimeter boundaries of BEAUMONT WEST, SECTION ONE, such additional tracts containing 12.025 acres and 1.964 acres, respectively, and being fully described in Exhibit "A" attached to and made a part hereof for all purposes (and designated as Tract "1" and Tract"2" , respectively, therein), b NOW, THEREFORE, BEAUMONT WEST, INC. (the "Declarant"), acting herein by and through its duly authorized officers, hereby makes the following Supplemental Declaration in accordance with the pro- visions of the Original Declaration: 1. The 12.125 acre tract of land and the 1.964 acre tract of land described in Exhibit "A" attached hereto (and designated therein as Tract "1" and Tract "2", respectively), being out of and part of -2- the property designated for "Future Development" upon the above referenced Map or Plat, is hereby and herewith designated as "BEAUMONT WEST, SECTION TWO10, an Addition to the City of Beaumont, Jefferson County, Texas, and a Plat thereof showing Lots, Streets, Easements, and Common Area (and designating such property as "BEAUMONT WEST, SECTION TWO") is filed for record contemporaneously with the filing of this Supplemental Declaration. 2. All of the covenants,,conditions and restrictions, as set out and contained in the Original Declaration, are hereby made appli- cable to the property described in Exhibit "A" hereof and shown on the accompanying Plat of "BEAUMONT WEST, SECTION TWO", and all of . such property shall be held, sold and conveyed subject to the cove- nants, conditions and restrictions of the Original Declaration, and to the easements reflected upon the said Plat, excepting only where specifically provided to the contrary below. 3. The Original Declaration�is modified, amended or supplemented in the following respects: (a) There is added to -the "DEFINITIONS" contained in ARTICLE..I of the Original Declaration the following lection 8: Section'8. "Recreation Area" shall mean and refer to that certain 1.964 acre tract of land reflected by the Plat of BEAUMONT WEST, SECTION TWO, and designated thereon as the "Recreation Area", together with all improvements thereon. (b) There is added to the "DEFINITIONS" contained in ARTICLE I of the Original Declaration the following Section 9: -3- Section 9. "Unit" or "Block", which terms shall be used interchangeably, shall mean and refer to a group or tier of adjacent or semi -adjacent Lots in the Addition, which, by reference to the Map or Plat of the Addition, are designated to constitute a Unit or Block. With respect to BEAUMONT WEST, SECTION ONE, the Units are designated by successive letters of the alphabet from "A" through and including "E", and with respect to BEAUMONT WEST, SECTION TWO, the Blocks are designated with successive Arabic numerals from 1 through and including 7. (c) There is added to the "EASEMENTS" contained in ARTICLE XI of the Original Declaration the following Section 3: Section 3. Easements for Private Driveways. There is hereby reserved in favor of the Declarant, its successors and assigns, an express easement for the.construction, main- tenance and use of private driveways over and across the Common Area lying between the private drive serving the fol- lowing enumerated Lots and the front Lot lines of -the following designated Lots in BEAUMONT WEST, SECTION TWO: all Lots in Block Number.Two (2), and Lots Numbers One (1) through and including Six (6) in Block -Number Three (3). There shall be but one (1) such easement for each dwelling constructed ,upon the above designated Lots, and for the purposes hereof each Lot shall be deemed to front upon the nearest private drive. The easement herein reserved shall be subject to the same limitations as are set forth in the next preceding Section 2 of this ARTICLE XI. 4. In all other respects, the covenants, conditions and restric- tions contained in the Original Declaration are hereby extended _4_ to and shall cover the property described in Exhibit "A" attached hereto and shall be -equally applicable to BEAUMONT WEST, SECTION ONE and BEAUMONT WEST, SECTION TWO. S. Declarant hereby and herewith dedicates to public use all those certain easements for utility, drainage and street purposes designated upon and designated as such upon the accompanying Plat of BEAUMONT WEST, SECTION TWO, upon the same terms, conditions and limitations as contained in the Original Declaration. At the request of Declarant, BEAUMONT WEST HOME OWNERS ASSOCIA- TION, a Texas Non -Profit Corporation (the "Association")., being the owner of the Common Area of BEAUMONT WEST, SECTION ONE (and intended to be the owner of the Common Area of BEAUMONT WEST, SECTION TWO), joins herein with Declarant for the purpose of evidencing its consent to the inclusion of the property described in Exhibit "A" within the Addition and within the jurisdiction of the Association, and, further, to evidence its -consent and agreement to the extension of the most western private drive into and upon the Common Area of BEAUMONT WEST, SECTION ONE, as reflected upon the accompanying Plat of BEAUMONT WEST, SECTION TWO. EXECUTED this the ATTEST Bye THADHEARTFIELD, ecre ary ATTEST Secretar3V day of 197-7 . BEAUMONT , INC. ("De rant") By. AM 0. SMIT9, President BEAUMONT WEST HOME OWNERS ASSOCIATION "Association") By: 0. SMITH, President THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this day personally appeared SAM 0. SMITH, President of BEAUMONT WEST,'INC., known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ; day of 1977 _" zy, Notary Public in and for Jefferson County, Texas THE STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned authority, on this'day personally appeared SAM 0. SMITH, President of BEAUMONT WEST HOME OWNERS ASSOCIATION, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration there- in expressed and in the capacity therein stated as the act and deed of said Corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 197 . &_. &9�r=z� Notary'Public in and for Jefferson County, Texas .q TRACT " 1" BEING a 12.025 acre tract of land out of the Hezekiah Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, described as follows: BEGINNING at an iron pin which marks the southwest corner of the tract herein described, said BEGINNING CORNER being located ori the north line of Beaumont West, Section One and being North 86° 43' 12" East a distance of 20.10 feet measured along the north line of and from the northwest corner of Beaumont West, Section One, plat of which is recorded in Volume 12, Page 38, Map Records, Jefferson County, Texas; THENCE North 86° 43' 12" East along the north line of Beaumont West, Section One a distance of 718.04 feet to an iron pin for corner on the east right of way line of Bryant Way as it exists in said Beaumont West, Section One; THENCE North 00° 00' 33" West a distance of 50.0 feet to an iron pin for corner and the beginning of a curve to the right; THENCE along the arc of a curve a distance of 98.98 feet to an iron pin for corner at the end of said curve, said curve having a central angle of 20° 00' 00" and a radius of 283.56 feet; THENCE North 190 58' 27" East a distance of 455.0 feet to an iron pin for corner; THENCE North 700 00' 33" West a distance of 210.00 feet to an iron pin for corner; THENCE North 870 39' 22" West a distance of 663.33 feet to an iron pin for corner; THENCE South 02° 20' 38" West a distance of 715.22 feet to the PLACE OF .BEGINNING. TRACT "911 BEING a 1.964 acre tract of land out of the Hezekiah Williams Survey, Abstract 56, Beaumont, Jefferson County, Texas, described as follows: 1i BEGINNING at an iron pin which marks the intersection of the east right of way line of Bryant Way and the north line of Beaumont West, Section One, plat of which is recorded in Volume 12, Page 38, Map Records, Jefferson County, Texas; THENCE North 000 00' 33" West a distance of 50.0 feet to an iron pin for corner and the beginning of a curve to the right; THENCE along the arc of a curve a distance of 98.98 feet to an iron pin for corner at the end of the said curve, the curve having a central angle of 20' 00' 00" and a radius of 283.56 feet; THENCE North 19° 58' 27" East a distance of 123.24 feet to an iron pin for corner; THENCE North 89° 59' 27" East A distance of 326.44 feet to an iron pin for corner; THENCE -South 00' 14' 57" West a distance of 145.44 feet to an iron pin for corner; THENCE South 52' 44' 32" West a distance of 113.07 feet pass the northwest corner of the aforementioned Beaumont West., Section One and at a total distance of 170.36 feet to an iron pin for corner; THENCE continuing along the north line of said Beaumont West., .Section One South 86' 43' 12" West a distance of 249.80 feet to the PLACE OF BEGINNING.