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HomeMy WebLinkAboutORD 77-106ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 76-119 FOR THE ISSUANCE OF A SPECIFIC USE PERMIT FOR CLUSTER HOUSING DEVELOP-. MENT BY ADDING AN 8.45 ACRE TRACT HEREIN DESCRIBED IN ACCORDANCE WITH A "PRELIM - WARY PLAT" AND PROVIDING FOR THE FILING OF A DECLARATION COVERING THE 8.45 ACRE TRACT. WHEREAS, on the 12th day of October, 1976, the City Council passed Ordinance No. 76-119 granting to Nichols Company, a partnership, and to their heirs, legal representatives, successors and assigns, -a specific use permit for cluster housing development in accordance with Sections 42-20.1 and Section 42-20.4 of the Code of Ordinances of the City of Beaumont as amended, for a certain 5.0 acre tract of land therein described; and, WHEREAS, on September 19, 1977, the Planning and Zoning Commission of the City of Beaumont recommended that the specific use permit for a cluster housing development to Nichols Company, a partner- ship, and their heirs, representatives, successors and assigns, be amended to include that certain 8.45 acre tract of land hereinafter described; 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 des- cribed conditions; NOW, THEREFORE, BE IT .ORDAINED BY THE CITY OF BEAUMCNT: THAT a specific use permit for a cluster housing development in ac- cordance with Sections 42-20.1 and Section 42-20.4 of the Code of Ordinances of the City of Beaumont as amended, be granted to Nichols Company, a partnership, and to their heirs, legal representatives, successors and assigns for that certain 8.45 acre tract of land more particularly described as follows: o -77 -ion Lots 6, 7 & 8, Block 4 and Lot 1, Block 5, of the Marshall Place Addition to the City of Beaumont, Jefferson County, Texas, according to the map or plat of said addition of record in the office of the County Clerk of Jefferson County, Texas. Containing in area 8.45 acres of land, more or less. Gor�Fi nn 9 _ That this specific use permit herein granted is expressly issued.for and in accordance with that certain "preliminary plat" for Marshall Place townhouses, Phase II, Beaumont, Texas, dated September 18,1977, which "preliminary plat" is attached hereto as Exhibit "A" and made a part hereof for all purposes. Also attached hereto as Exhibit "B" is that certain "Condcaminium Declaration for Marshall Place townhouses, Section 3," dated September 30, 1977; and as Exhibit "C" is that certain "Condominium Declaration for Marshall Place townhouses, Section 4," dated September 30, 1977; and as Exhibit "D" is that "Condominium Declaration for Marshall Place townhouses, Section 5," dated September 30, 1977; and as Exhibit "E" is that certain "Condominium Declaration for Marshall Place townhouses, Section 6," dated September 30, 1977, which exhibits are made a part of this specific use permit as fully and completely as though copied verbatim herein. Exhibits "B "C", "D" and "E", while describing four separate sections out of the 8.45 acre tract, together describe all of the 8.45 acre tract described in Section 1 of this ordinance. -gar--i nn I _ 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 Exhibits "B", "C", "D" and "E" prior to the issuance of a certificate of occupancy by the City of Beaumont for any residential unit within Sections 3, 4, 5 -or 6 as defined in said exhibits of the 8.45 acre tract of land hereinabove described in Section -2- 1 of this ordinance. Further, this permit is expressly issued subject to co fiance with all appropriate revisions of the Code of Ordinances of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the y44 day of 1977. r -3-