HomeMy WebLinkAboutDeclaration of Restrictions, Reservations, & Covenants3
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DECLARATTONV OF RESTRICTIONS, RESERVATIONS, AND COVENANTS
'� Cl CJ 2 a 9 3 F I L E D EAST GATE SQUARE.
Fi p `'ate O'dOC R! a Subdivision Of the City of
College Station, Texas
--: OQ7E 1;PcGORac&% JAN 181983
AREA PROGRESS CORPORATION -
L TO FRANK BORISNIE
' THE PUBLIC owt e" Mr, omn, ne.
STATE OF TEXAS 1
COUNTY OF BRAZOS ), KNOW ALL MEN BY THESE PRESENTS:
That AREA PROGRESS CORPORATION, A Texas Corporation, hereinafter called
Developer, of College Station, Texas, being the owner of all that certain 4.22
acre tract or parcel of land in the Richard Carter League in Brazos County, Texas,
heretofore platted and subdivided into six (6) tracts entitled Tracts A, B, C, D.
E, and F, as shown on the plat entitled EAST GATE SQUARE which plat was recorded
on September 27, 1982, in Volume 542, page 125,of the Deed Records of Brazos
County, Texas, and desiring to create and place into effect a plan for the
development and sale of the several tracts in said subdivision and to provide for
the preservation and maintenance of the values and amenities of the properties in
the Subdivision, hereby covenants, and each.owner of any of said tracts, by
acceptance of a deed therefor (whether or not it shall be so expressed in any deed
or other conveyance) shall be deemed to covenant and agree thereby to bind himself,
his heirs, assigns and all successors in ownership, to adopt and establish the
following reservations, restrictions, covenants and easements to apply uniformly
to the use, occupancy and conveyance of the tracts in EAST GATE SQUARE a$ set out
hereinbelow:
1. All of the said tracts in the Subdivision are presently zoned General
Commercial (C-1) and are subject to the pertinent regulations of the City of College
Station, Texas, hereinafter referred to as the City.
2. The Developer has heretofore obtained approval by the City of a parking
site plan for the subdivision, showing arrangement of drives and parking spaces on
Tracts A, B, C, E, and F, to which reference is hereby made for all purposes (The
remainder of the site, Tract D, is specifically reserved for future development).
3. TRACT A is intended for use as a Red Lobster Restaurant including a
building and on -site parking for seventeen (17) cars, as shown on revised site
e City;
on and
ofaallated August improvementsO thereon shallpbeo the sole hresponsibility uofy the OwnerOf
Tract A.
4. TRACT P is intended for joint ownership with Tract A to provide the
owners of Tract A with a location for a free standing sign and to provide five (5)
additional on -site parking spaces for Tract A as shown on revised site plan with
sign location. The sign shall be in conformity with the sketch heretofore submitted
by Red Lobster and approved by the Developer and the City, and shall be constructed
and maintained at the sole expense of the purchasers of Tract A and F.
5. TRACT B is designated on said plat as "Parking and Access Reserve".
A non-exclusive perpetual easement is hereby reserved on Tract B for ingress,
egress, and parking of vehicles and for pedestrian traffic on, over and across
all parking areas, and curb cuts; Tract B may include a sign location and area
light locations as approve the seventthe y-y. n (77)eparkingeof spaceslshownyng on Tract
requirements by the City, seventy-seven
shall be allocated to the use of the owner of Tract A.
6. TRACT C is designated on said plat as "Parking and Access Reserve".
A non-exclusive perpetual easement is hereby reserved on Tract C for ingress,
egress; and parking of vehicles and for pedestrian traffic on, over and across
all parking areas, and curb cuts and may include area light locations as approved
by the City. For the purposes of calculating parking requirements by the City,
the parking spaces on Tract C shall be allocated to use of Tract E and future
development on Tract D.
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7. TRACT D is specifically reserved for future development of buildings and
parking as indicated on the recorded plat and the parking site plan. -
8. TRACT E is the location of an existing building and may beincorporated
into future development of Tract D.
9. SPECIAL USE LIMITATIONS:
For so long as a restaurant is being operated on Tract A, the construction
or operation of the following types of users on the remaining Tracts D and E shall
be prohibited: (a) a full service restaurant with excess of one hundred fifty (150)
seats; (b) a movie theater; (c) a grocery store; (d) any other uses for which the
City requires a number of parking spaces in excess of the total number provided on
the entire site, exclusive of those shown on Tracts A, F, and B.
10. COMMON PARKING AREAS:
On Tracts B and C, the Developer shall pave, grade, construct and stripe
at its own expense these common parking areas providing a total of one hundred
fifty (150) or more parking spaces for the common use of the owners of Tract A and
the remainder of the Tracts.
The maintenance and upkeep of this common parking area and any additional'
future adjacent common parking areas shall be shared by the owners of the premises
thus served on the basis of the allocated use of said parking areas.
11. TERM:
These covenants are to run with the land and shall he binding on.all
persons or parties claiming under them in perpetuity unless altered or amended by
a recorded document signed by all of the then record owners of any part of said
subdivision.
12. ENFORCEMENT: j
Enforcement shall be by proceedings at law or in equity, by any owners
of a lot in the subdivision, against any person or persons violating or attempting
to violate any covenant, either torestrain violation or to recover damages. ,
13. SEVERABILITY:
Invalidation of any one of these covenants by judgment or court order
shall in no wise affect any of the other provisions which shall remain in full force
and effect.
I
yF&UTS? This theday of 1983. i
G
AREA PRO1GO OAATION�
7.1p�
sr; .v it W. ➢ -Fitch, President
GeL 'T Fitchl ecr k,tary
'�• ACKNOWLEDGMENT j(
THE STATE OF TEXAS
COUNTY OF 1 QE T
BEFORE ME, the undersigned authority, on this day personally appeared W. D.
FITCH, president of AREA PROGRESS CORPORATION, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to me
that the same was the act of the said AREA PROGRESS CORPORATION, a corporation, and
thaD 1"... hted the same as the act of such corporation for the purposes and
cone eratll. n'iJ{herein expressed, and in the capacity therein stated.
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{, '�6IV$`7iUND'fy$ MY NAND AND SEAL OF OFFICE This the.�day of
A A. 1`983 �" : ?
'Y
ry Public in a for the
. '• f r T E�'r 1a% State of Texas.
My ,Commrssion_¢xpixea /2—1'/ '42G
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