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Page 1 of 1 I have attached the approved building permit plans for the Lupe Tortilla. These plans only include the interior remodel, as the exterior remodel has not been approved. I have also attached the copies of the site plan information, that include the Elevations, and Landscape plans. The Architect: Bill Scarmardo PO Box 3652 Bryan, Tx 77805 9797766373 The Applicant: Stan Holt 18000 Grosheke Rd A -2 Houston, Tx 77084 2814960319 The Contractor: Jay Burch Construction, Inc PO Box 9925 College Station, Tx 77842 9796901000 Please let me know if you need any additional information or have any questions. Kristen Hejny '08 Staff Assistant Planning & Development Services City of College Station P.O. Box 9960 1101 Texas Avenue College Station, TX 77842 Office: 979.764.3570 Fax: 979.764.3496 City of College Station Home of Texas A &M University file: / /C: \Documents and Settings\khejny \Local Settings \Temp \XPgrpwise \4ED7A591City ... 12/1/2011 DATE N FOR O.: � OFfl E U$E N Y � DATE SUBMITTED: , CITY OF COLLEGE STATION /lame fr A&M Unur.,iry• SITE PLAN APPLICATION STAFF: GENERAL cp MINIMUM SUBMITTAL REQUIREMENTS: O $932 Site Plan Application Fee. ❑ $350 Non - Residential Architectural Standards Building Review Application Fee (if applicable). ❑ $600 (minimum) Development Permit Application / Public Infrastructure Review and Inspection Fee. Fee is 1% of acceptable Engineer's Estimate for public infrastructure, $600 minimum (if fee is > $600, the balance is due prior to the issuance of any plans or development permit). 0 Application completed in full. This application form provided by the City of College Station must be used and may not be adjusted or altered. 0 Fourteen (14) folded copies of site plan. ❑ One (1) folded copy of the landscape plan. O One (1) copy of the following for Non - Residential Architectural Standards building review or Northgate Building Review (if applicable). O Building elevations to scale for all buildings. 0 A list of building materials for all facade and screening. O Color samples for all buildings or list colors to be used from the approved color palette. ❑ Electronic copy of Site Plan e- mailed to csuelectdesign©cstx.gov. ❑ Two (2) copies of the grading, drainage, and erosion control plans with supporting drainage report. ❑ Two (2) copies of the Public infrastructure plans and supporting documents (if applicable). ❑ Traffic Impact Analysis or calculations of projected vehicle trips showing that a TIA is not necessary for the proposed request (if applicable). ❑ The attached Site Plan Non - Residential Architectural Standards Building Review and Nodhgate Building Review checklists (as applicable) with all items checked off or a brief explanation as to why they are not check off. Date of Optional Preapplication or Stormwater Management Conference NAME OF PROJECT Lupes Tortilla ADDRESS 813 Texas Ave _ LEGAL DESCRIPTION (Lot, Block, Subdivision) APPLICANT /PROJECT MANAGER'S INFORMATION (Primary contact for the project): S tan Halt Name E -mail stanholtQyahoo.com Street Address 18000 Grosheke Rd A -2 City Houston State Tx Zip Code 77084 Phone Number 281 496 0319 Fax Number PROPERTY OWNER'S INFORMATION: Name Pappas Restaurant, Inc. E-mail Street Address 13939 Northwest Freeway. Suite 100 Cit Houston State Texas Zip Code 77040 Phone Number 713 863 061 Fax Number 1/11 Page 1 of 11 ARCHITECT OR ENGINEERS INFORMATION: Name Bill Scarmardo E -mail bill@scarmardo.com Street Address City Bryan State Texas Zip Code 88802 Phone Number 979 779 3336 Fax Number OTHER CONTACTS (Please specify type of contact): Name Jay Burch Email latfon @suddenlink.net Street Address PO Box 9925 Cit College Station State Texas Zip Code 77842 Phone Number 979 4121370 Fax Number Current zoning c-1 Present use of property restaurant Proposed use of property restaurant Number of parking spaces required 141 Number of parking spaces proposed 141 Is there Special Flood Hazard Area (Zone A or Zone AE on FEMA FIRM panels) on the property? r Yes R No This information is necessary to help staff identify the appropriate standards to review the application and will be used to help determine if the application qualifies for vesting to a previous ordinance. Notwithstanding any assertion made, vesting is limited to that which is provided in Chapter 245 of the Texas Local Govemment Code or other applicable law. Is this application a continuation of a project that has received prior City platting approval(s) and you are requesting the application be reviewed under previous ordinance as applicable? r Yes R No If yes, provide information regarding the first approved application and any related subsequent applications (provide additional sheets if necessary): Project Name: 141A City Project Number (in known): Date 1 Timeframe when submitted: 1111 Page 2 of 11 MULTI - FAMILY RESIDENTIAL PARKLAND DEDICATION (Fees due prior to the issuance of Building Permit) Total Acreage # of Multi - Family Dwelling ' s Floodplain Acreage X$164 $ Housing Units of acres in floodplain # of 1 Bedroom Units *of acres in detention # of 2 Bedroom Units % l of acres in greenways # of 3 Bedroom Units Date dedication approved by Parks & It of 4 Bedroom U s Recreation Advisory Board COMMERCIAL FOR 2 BEDROO NITS ONLY # B s = 132 sq. ft. Total Acreage Building Square Feet Bedrooms < 132 sq. ft. Floodplain Acreage Projects that were vested prior to January 1, 2008, per Chapter 245 of the Texas Local Govemment Code may be assessed a different amount. Please contact city staff for additional information. The applicant has prepared this application and certifies that the facts stated herein and exhibits attached hereto am true and correct. • //. /G // Signature and title Date 1111 Page3of11 CERTIFICATIONS REQUIRED FOR ALL DEVEL6PMENT Owner Certification: 1. No work of any kind may start until a permit is issued. 2. The permit may be revoked if any false statements are made herein. 3. If revoked, all work must cease until permit is reissued. 4. Development shall not be used or occupied until a Certificate of Occupancy is issued. 5. The permit will expire if no significant work is progressing within 24 months of issuance. 6. Other permits may be required to fulfill local, state, and federal requirements. Owner will obtain or show compliance with all necessary State and Federal Permits prior to construction including NOI and SWPPP. 7. If required, Elevation Certificates will be provided with elevations certified during construction (forms at slab pre - pour) and post construction. 8. Owner hereby gives consent to City representatives to make reasonable inspections required to verify compliance. 9. If, stormwater mitigation is required, including detention ponds proposed as part of this project, it shall be designed and constructed first in the construction sequence of the project. 10. In aocordance with Chapter 13 of the Code of Ordinances of the City of College Station, measures shall be taken to insure that all debris from construction, erosion, and sedimentation shall not be deposited in city streets, or existing drainage facilities. All development shall be in accordance with the plans and specifications submitted to and approved by the City Engineer for the above named project. All of the applicable codes and ordinances of the City of College Station shall apply. 11. The information and conclusions contained in the attached plans and supporting documents will comply with the current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified Design Guidelines Technical Specifications, and Standard Details. All development has been designed in accordance with all applicable codes and ordinances of the City of College Station and State and Federal Regulations. 12. Release of plans to (name or firm) is authorized for bidding purposes only. I understand that final approval and release of plans and development for construction is contingent on contractor signature on approved Development Permit. 13. I, THE OWNER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS FOR THE DEVELOPMENT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND ACCURATE. i Property Owner(s) Date Engineer Certification: 1. The project has been designed to ensure that stormwater mitigation, including detention ponds, proposed as part of the project will be constructed first in the construction sequence. 2. I will obtain or can show compliance with all necessary Local, State and Federal Permits prior to construction including NOI and SWPPP. Design will not preclude compliance with TPDES: i.e., projects over 10 acres may require a sedimentation basin. 3. The information and conclusions contained in the attached plans and supporting documents comply with the current requirements of the City of College Station, Texas City Code, Chapter 13 and associated BCS Unified Design Guidelines. All development has been designed in accordance with all applicable codes and ordinances of the City of College Station and State and Federal Regulations. 4. 1, THE ENGINEER, AGREE TO AND CERTIFY THAT ALL STATEMENTS HEREIN, AND IN ATTACHMENTS FOR THE DEVELOPMENT PERMIT APPLICATION, ARE, TO THE BEST OF MY KNOWLEDGE, TRUE, AND ACCURATE. Engine Engi Date 1111 Page 4 of 11 The following CERTIFICA !IONS apply to development in Spew &l Flood Hazard Areas. Required for Site Plans, Final Plats, Construction Plans, Fill / Grading Permits, and Clearing Only Permits:* A. I, certify, as demonstrated in the attached drainage study, that the alterations or development covered by this permit, shall not: (i) increase the Base Flood elevation; (ii) create additional areas of Special Flood Hazard Area; (iii) decrease the conveyance capacity to that part of the Special Flood Hazard Area that is not in the floodway and where the velocity of flow in the Base Flood event is greater than one foot per second. This area can also be approximated to be either areas within 100 feet of the boundary of the regulatory floodway or areas where the depth of from the BFE to natural ground is 18 inches or greater; (iv) reduce the Base Flood water storage volume to the part of the Special Flood Hazard Area that is beyond the floodway and conveyance area where the velocity of flow in the Base Flood is equal to and Tess than one foot per second without acceptable compensation as set forth in the City of College Station Code of Ordinances, Chapter 13 conceming encroachment into the Special Flood Hazard Area; nor (v) increase Base Flood velocities. beyond those areas exempted by ordinance in Section 5.11.3a of Chapter 13 Code of Ordinances. Engineer Date Initial * If a platting - status exemption to this requirement is asserted, provide written justification under separate , letter in lieu of certification. Required for Site Plans, Final Plats, Construction Plans, and Fill / Grading Permits: B. I, , certify to the following: (i) that any nonresidential or multi - family structure on or proposed to be on this site as part of this application is designed to prevent damage to the structure or its contents as a result of flooding from the 100 -year storm. Engineer Date Additional certification for Floodway Encroachments: C. I, , certify that the construction, improvement, or fill covered by this permit shall not increase the base flood elevation. I will apply for a variance to the Zoning Board of Adjustments. Engineer Date 1/11 Page 5 0(11 Required for all projects proposing structures in Special Flood Hazard Area (Elevation Certificate required). Residential Structures: D. I, , certify that all new construction or any substantial improvement of any residential structure shall have the lowest floor, including all utilities, ductwork and any basement, at an elevation at least one foot above the Base Flood Elevation. Required Elevation Certificates will be provided with elevations certified during construction (forms at slab pre -pour) and post construction. k /4 I Engineer / Surveyor Date Commercial Structures: E. I, _ , certify that all new construction or any substantial improvement of any commercial, industrial, or other non - residential structure are designed to have the lowest floor, including all utilities, ductwork and basements, elevated at least one foot above the Base Flood Elevation Engineer/ Surveyor Date OR certify that the structure with its attendant utility, ductwork, basement and sanitary facilities is designed to be flood- proofed so that the structure and utilities, ductwork, basement and sanitary facilities are designed to be watertight and impermeable to the intrusion of water in all areas below the Base Flood Elevation, and shall resist the structural loads and buoyancy effects from the hydrostatic and hydrodynamic conditions. Required Elevation Certificates will be provided with elevations certified during construction (forms at slab pre - pour) and post construction. Engineer / Surveyor Date Conditions or comments as part of approval: tiff Page6ot 11 0,-ff" CtTY OP COLLEGE STATION Home f T, AdM Univeniry' SITE PLAN MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: 'Sheet size - 24" x 36" (minimum). Z A key map (not necessarily to scale). 0 Title block to include: 2 Name, address, location, and legal description 0 Name, address, and telephone number of applicant 2 Name, address, and telephone number of developer /owner (if differs from applicant) i❑ Name, address, and telephone number of architect/engineer (if differs from applicant) 0 Date of submittal ❑ Total site area 0 North arrow. 2 Scale should be largest standard engineering scale possible on sheet. ❑ Ownership and current zoning of parcel and all abutting parcels. ❑ The total number of multi - family buildings and units to be constructed on the proposed project site. ❑ The density of dwelling units per acre of the proposed project. ❑ The gross square footage of all buildings and structures and the proposed use of each. If different uses are to be located in a single building, show the location and size of the uses within the building. Building separation is a minimum of 15 feet w/o additional fire protection. Locations of following on or adJacent to the subject site: Designate be n existing and proposed ❑ The den of dwelling units per acre of the proposed project. ❑ Phasi . Each phase must be able to stand alone to meet ordinance requirements. ❑ Buil ngs (Existing and Proposed). 0 S acks according to LIDO, Article 5. Geography ❑ Water courses. 0 100 yr. floodplal and floodway (if applicable) on or adjacent to the proposed project site. Please note if there is none on the site with nfirming FEMNFIRM map number. ❑ Existing to phy (2' max or spot elevations) and other pertinent drainage information. (If plan has too much information, ow drainage on separate sheet.) ❑ Proposed g ing (1' max for proposed or spot elevations) and other pertinent drainage information. (If plan has too much info ation, show drainage on separate sheet.) 1/11 Pape7of 11 Streets, Parking, and Sidewalks iz Existing streets and sidewalks (R.O.W.). ❑ Existing Driveways, both opposite and adjacent to the site according to UDO, Article 7. (Proposed drives. Minimum drive aisle width according to UDO, Article 7 ❑ Indicate proposed driveway throat length according to UDO, Article 7 ❑ Proposed curb cuts. ❑ For each proposed curb cut (including driveways, streets, alleys, etc.) locate existing curb cuts on the same and opposite side of the street to determine separation distances between existing and proposed curb cuts. ❑ Proposed curb and pavement detail. A 6" raised curb is required around all edges of all parts of all paved areas without exception. (To include island, planting areas, access ways, dumpster locations, utility pads, etc.) No exception will be made for areas designated as "reserved for future parking ". ❑ Proposed medians. ❑ Proposed sidewalks (both public and private). ❑ Proposed pedestrian/bike circulation and facilities for non - residential buildings (UDO, Article 7). ❑ Off- Street parking areas with parking spaces drawn, tabulated, and dimensioned. ❑ Designate number of parking spaces required by ordinance and provided by proposal. ❑ Handicap parking spaces. ❑ Parking Islands drawn and dimensioned with square footage calculated according to UDO, Section 7.2 or 7.9 fornon- residential buildings. ❑ Parking setbadc from R.O.W. to curb of parking lot as required. ❑ Wheelstops may be required when cars overhang onto property not owned by the applicant or where there may be conflict with pedestrian or bike facilities, handicap accessible routes or above ground utilities, signs or other conflicts. ❑ Security gates, showing swing path and design specs with colors. ❑ Guardrails. Include design and colors. ❑ Traffic Impact Analysis for non - residential development (UDO, Article 7). ❑ Please note if none is required. ❑ YMII there be access from a TxDOT R.O.W.? ❑ Yes ❑ No If yes, then TxDOT permit must be submitted with this application. Easements and Utilities Easements - clearly designate as existing or proposed and type (utility, access, etc.) ❑ Utilities (noting size and designate as existing or proposed) within or adjacent to the proposed site, including building transformer locations, above ground and underground service connections to buildings, and drainage inlets. ❑ Sewer Design Report (if applicable). ❑ Water Design Report and/or Fire Flow Report (if applicable). ❑ Drainage Report with a Technical Design Summary. ❑ Meter locations, existing and proposed (must be located in public R.O.W. or public utility easement). ❑ Provide a water and sanitary sewer legend to include ❑ Minimum water demands ❑ Maximum water demands ❑ Average water demands in gallons per minute, and ❑ Maximum sewer loadings in gallons per day ❑ Will there be access from a TxDOT R.O.W.? [] Yes ❑ No If yes, then TxDOT permit must be submitted with this application. 1/11 Page 8 of 11 Fire Protection ❑ Show fire lanes. Fire lanes with a minimum of 20 feet in width with a minimum height clearance of 14 feet must be established if any portion of the proposed structure is more than 150 feet from the curb line or pavement edge of a public street or highway. ❑ Show proposed and existing fire hydrants. Fire hydrants must be located on the same side of a major street as a project, and shall be in a location approved by the City Engineer. Any structure in any zoning district other than R -1, R -1A, or R -2 must be within 300 feet of a fire hydrant as measured along a public street, highway or designated fire lane. NOTE: Fire hydrants must be operable and accepted by the City, and drives must have an all weather surface before a building permit can be issued. ❑ WIII building be sprinkled? ❑ Yes ❑ No If the decision to sprinkle is made after the site plan has been approved, then the plan must be resubmitted. If Yes, ❑ Show fire department connections. FDC's should be within 150' of the fire hydrant. In no case shall they be any further than 300' apart, and they shall be accessible from the parking lot without being blocked by parked cars or a structure. Larydscaping E Landscape plans as required in Article 7 of the Unified Development Ordinance. The landscaping plan can be shown on a separate sheet if too much information is on the original site plan. If requesting protected tree points, then those trees need to be shown appropriately barricaded on the landscape plan. Attempt to reduce or eliminate plantings in easements. Include information on the plans such as: f2 required point calculations Jam-' additional streetscape points required. Streetscape compliance is required on all streets. ,/calculations for # of street trees required and proposed (proposed street tree points will accrue toward total JCJ landscaping points.) jZI proposed new plantings with points eamed 4 proposed locations of new plantings j J screening of parking lots, 50% of all shrubs used for screening shall be evergreen. (screening of dumpsters, concrete retaining walls, off street loading areas, utility connection points, or other � areas potentially visually offensive. ❑ existing landscaping to remain ❑ show existing trees to be barricaded and barricade plan. Protected points will only be awarded if barricades are up before the first development permit is issued. ❑ Buffer as required in Article 7 of the Unified Development Ordinance. ❑ Show irrigation system plan. (or provide note on how irrigation system requirement will be met prior to issuance of C. 0.) All plans must include irrigation systems for landscaping. Irrigation meters are separate from the regular water systems for buildings and will be sized by city according to irrigation demand submitted by applicant and must indude backflow prevention protection. ❑ Is there any landscaping in TxDOT R.O.W.? ❑ Yes Zr No If yes, then TxDOT permit must be submitted at the time of application. Other ❑ Common open spaces sites ❑ Loading docks ❑ Detention ponds ❑ Retaining walls © Sites for solid waste containers with screening. Locations of dumpsters are accessible but not visible from streets or residential areas. Gates are discouraged and visual screening is required. (Minimum 12 x 12 pad required.) ❑ Are there impact fees associated with this development? ❑ yes ❑ No NOTE: Signs are to be permitted separately. 1/11 Page 9of 11 Ore or COLLEGE STATION How grow AdM Unioerriry• NRA BUILDING REVIEW MINIMUM REQUIREMENTS (ALL CITY ORDINANCES MUST BE MET) INCLUDING BUT NOT LIMITED TO THE FOLLOWING: Refer to UDO Section 7.9 Non - Residential Architectural Standards, as appropriate. Sheet size - 24" x 36" (minimum). El Title itle block to include: J I �, { Name, address, location, and legal description u Name, address, and telephone number of applicant Name, address, and telephone number of developer /owner (if differs from applicant) [71 Name, address, and telephone number of architect/engineer (if differs from applicant) ❑ Date of submittal ❑ Scale should be largest standard scale possible on sheet. VI List of colors from the City of College Station color palette to be utilized or proposed equivalents. ❑ Color samples. 7 List of materials to be utilized. ❑ Elevations of each non - residential building and screening structure. Show placement of materials and colors on the facades according to UDO Section 5.6.B or 7.9. JZI Include the following dimensions: ❑ Total vertical square footage minus openings (for each facade separately) ❑ Total vertical square footage of transparency (for each facade separately in Northgate) ❑ Total vertical square footage of each building material (for each facade separately) ❑ Total vertical square footage of each color (for each facade separately) ti Graphic representation and/or description of existing buildings in building plot to show material, color, and - architectural harmony. 1111 Page 10 of 11 -4-,' CITY OF COLLEGE STATION Home of Taos AdM Uni.ereiry• NORTHGATE BUILDING REVIEW MINIMUM REQUIREMENTS (ALL CITY ORDINAN S MUST BE MET) • INCLUDING BUT NOT LIM ED TO THE FOLLOWING: Refer to UDO Section 5.6. D r n Districts, B. Northgate Districts (NG) ❑ sheet g _ ra gG j min imum) ❑ Title block to include: ❑ Name, address, location, a legal description ❑ Name, address, and telep • ne number of applicant ❑ Name, address, and tel: • hone number of developer /owner (if differs from applicant) ❑ Name, address, and t ephone number of architect/engineer (if differs from applicant) ❑ Date of submittal ❑ Scale should be I gest standard engineering scale possible on sheet. ❑ List of colors fro the City of College Station Northgate color palette to be utilized or proposed equivalents wi color samples. ❑ List of materi Is to be utilized. ❑ Elevations each building and screening structure. Show placement of materials and colors on the fac des and identify public entrances. Include the fl dimensions: ❑ Total ertical square footage minus openings (for each facade separately) ❑ Tot vertical square footage of each building material (for each facade separately) ❑ T al vertical square footage of each color (for each facade separately) ❑ otal vertical square footage of transparency between zero and eight feet (0-8') above ground evel (for each non - residential facade) Graphic representation and/or description of existing buildings in building plot to show material, color, and architectural harmony. 1111 Print Form 1 Page 11 of 11 ) , -- - - . DECLARATION OF RESTRICTIONS, RESERVATIONS, AND COVENANTS 1 252003 „ _F I L' E. EAST GATE SQUARE. At ) rid /i u a Subdivision of the City of DATE RECORDED SAN 181983 College Station, Texas 1 AREA PROGRESS CORPORATION 1. 1 ,.,,,,.' TO THE PUBLIC ^ ^����- STATE OF IERAS j COUNTY OF BRA20S 9 8005 ALL t(EN BY THESE PRESENTS: That AREA PROGRESS CORPORATION. • Texas Corporation, hereinafter called Developer, of College Station, Texas, being the owner of all that certain 4.22 [ i • sore tract or parcel of lend in the Richard Carter League in Brazos Coun, Texas, f' heretofore platted and subdivided into six (6) tracts entitled Tracts A, B, C. D, • E, and F. ae shown on the plat entitled EAST GATE SQUARE which Pitt vas 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 I' development and sale of the several tracts in said subdivision and co provide for { the preservation and maintenance of the values and amenities of the properties in ` {{ i • the Subdivision, hereby covenants. and each .owner of any of said tracts, by t • acceptance of a deed therefor (vhether or not it shall be so expressed in any deed 1111 or other conveyance) shall be deased to covenant and agree thereby to bind himself, 3 his heirs, assigns and all successors in ownership, to adopt and establish the following reservations, restrictions, covenants and easements co apply uniformly to the use, occupancy and conveyance of the tracts in EAST GATE SQUARE as set out her.inbslow: 1'7 " 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 j I B S Station, Texas, hereinafter referred to es 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, E, C, E. and F. to which reference is hereby made for all purposes (The f F remainder of the site, Tract D, is specifically reserved for future development). c3 3. TRACT A is intended for use as a Red Lobster Restaurant including a F building and on -site parking for seventeen (17) cars. as shown on revised site plan dated August 30, 1982, and approved by the City; construction and maintenance of all improvements thereon shall be the sole responsibility of the owner of Iract A. 1 4. TRACT 7 is intended for joint ownership with Tract A to provide the I' • owners of Tract A with a location for a free standing sign end to provide five (5) j additional on -site perking spaces for Tract A as shown on revised site plan with t' 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 r and maintained et the sole expense of the purchasers of Tract A and F. i ■ 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 1 all parking areas, and curb cots; Tract B may include a sign 101101on and area light Locations as approved by the City. ?or the purpose of calculating parking (' requirements by the City, the seventy -seven (77) parking spaces shown on Tract B f 1 shall be allocated to the use of the owner of Tract A. r 6. TRACT C is designated on said plat as 'Barking end 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 a c foss all parking areas, and curb cuts, and may include area light locations as approved i , by the City. For the purposes of calculating parking requirements by the City, the parking spates on Tract C shall be allocated to use of Tract E and future development on Tract D. S 5 Z • :, 425 1 1 • 7. TRACT D is specifically reserved for future development of buildings and i s parking as indicated on the recorded plat and the parking nice plan. - A 8. TRACT E is the location of an existing building and may be incorporated ,j into future development of Tract D. 2 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 B shall be prohibited: (a) a full service restaurant with excess of one hundred fifty (150) seats; (b) a movie theater; (0) a grocery store; (d) any other uses for which the E. City requires a number of parking spaces in excess of the total number provided on S the entire site, exclusive of those shown on Tracts A, P, and B. t 10. IXIMIIN PABEING AREAS: ;7 On Tracts B and C. the Developer shall pave. grade, construct and stripe at its own expense these common parking providing a total of one hundred 5, � fifty (150) or more parking spaces for the common use of the owners of Tract A and . i the remainder of the Tracts. , The maintenance and upkeep of this cannon parking area and any additional future adjacent common parking areas shall be shared by the owners of the premises . .h 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 be binding on all persons or parties claiming under them is perpetuity unless altered or amended by - .1 recorded document signed by all of the than record owners of any part of said subdivision. 12. ENFORCEMENT: 1 Enforcement shall be by proceedings at law or in equity, by any 0wnere _ of a lot in the subdivision, against any person or persona violating or attempting r 00 violate any covenant, either to re stra in ' violation or 00 0000V40 damages. 4 { i 13. SEVERABILITT: Invalidation of any one of these covenants by judgment or court order i shall in no wise affect any of the other provisions which shall - remain in full forte , and effect. �e Tfkvv N This the // day of , 1983. 7 ! [. AREA P CORPORATION V t; ATg'53' '8 ' ` By " k }. s , W. D. F tch, President o Cat" A - A.� PIto , v Recrftar ACKNOWLEDGMENT THE STATE OF TEXAS I 1 I I COUNTY OF trsios 1 BEFORE ME, the undersigned authority, on this day personally appeared W. D. _ PITCH, President of ARIA PROGRESS CORPORATION. known to me to ba 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 10RPORATION, a corporation, and thap'.(erept,d the same as the act of such corporation for the purposes and oo .iratl herein expressed, and in the capacity therein stated. c +SIO@i MT BAN0 AND SEAL 0P OFFICE• This the. / 6 4 day of v , A� 83} • ,?. • f • •• T_.' Public in a f or the / F . f .. ET'" ^ -,o State of Texas. My Commisaivn_ explres: •r a 9 8y i . 426 . -2- vfn. 5 7 PNf;[_ 1. k\ Mal i Ifs 81 i1i lill t ,L 1 111, ',11 ;ti — -- — — 4 '- � l I 9 i jllliiI 1 1! 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