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HomeMy WebLinkAboutPARKING AGREEMENT/2022June 24, 2022 Erica Marohnic Planning Department City of Grapevine 200 South Main Grapevine, Tx. 76051 Re: Response for Lot 6a (845 East N.W. Highway) Parking Comment (CU22-32) The purpose of this letter is to respond to a review comment pertaining to the Master Site Plan- Sheet SP1.0, requesting that a surplus parking space be provided for the above referenced lot due to an increase in the building square footage. Please be advised that a previously recorded document filed on March 3, 2020, known as the Declaration of Restrictions, Covenants and Conditions (CCR's) of Grapevine Station North contains language that provides for cross -access and cross -parking within all the common areas within Grapevine Station North. As stated on page 1, paragraph B of the CCR's, the Common Areas are defined, in part, as rights -of -way, parkways, driveways and parking areas. The adjacent lot (Lot 7a) within Grapevine Station North has 19 unallocated parking spaces. In addition to having the CCR's provide for cross -parking among all the lots within this commercial planned development, please use this letter as the property owner's acknowledgement that one parking space on lot 7a will be dedicated to parking use for Lot 6a. Thank you. Sincerely, d4 ��� � A.L. Burtin, Dev. Director Grapevine Station North, LLC. Page 1 of 40 D220051050 3/3/20201:30 PM PG 40 Fee: $175.00 Submitter. CSC ERECORDING SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Recordsq, �;J,,, V Mary Louise Nicholson DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS, OF GRAPEVINE STATION NORTIR NOW, THEREFORE, know all men by these presents, that GVS North LLC, a Texas limited partnership, being the owner of the Property (defined below) has caused said property to be platted and subdivided into an addition to be known as Grapevine Station North, an addition to the City of Grapevine, Tarrant County, Texas, including Lots (hereinafter defined) according to the plat thereof to be recorded in the plat records, Tarrant County, Texas. For the purpose of assuring the orderly and uniform development of the Property, for the further purpose of providing for the preservation of the values and amenities in said community; for the creation and maintenance of a planned commercial business community with open spaces and other common facilities for the benefit of the said community; and in order to carry out a general plan of development for the benefit of each and every Owner of a Lot in said Property, the following restrictions, covenants, conditions, easements, charges and liens upon all Lots in said Property and, to the extent expressly set forth below in this Declaration, are hereby established; and all of the Lots in the Property and, to the extent expressly set forth below in this Declaration, the Property is held and shall be conveyed subject to the reservations, restrictions, covenants, conditions, easements, charges and liens hereinafter set forth. All of the reservations, restrictions, covenants, conditions, easements, charges and liens herein set forth and established shall run with the land described as the Property. SECTION ONE: DEFINITIONS The following words (which are not inclusive of every defined term in this Declaration), when used in this Declaration or any Supplemental Declaration (unless otherwise indicated) shall have the following meanings: A. "Association" shall mean and refer to shall mean and refer to Grapevine Station North Property Owners Association, Inc., a Texas non-profit corporation, its successors and assigns, the members ofwhich shall all be Owners, as provided in this Declaration and the Bylaws of the Association. B. "Common Areas" shall mean and refer to all of those certain Common Access, Utility and Drainage Easements affecting the Property and the adjoining property affected by such easements (collectively, the "Easement") dedicated by and shown on the recorded plat of the Property to be filed of record in the Plat Records of Tarrant County, Texas, which Easement is intended to be devoted to the common use and enjoyment of the Owners. The Common Areas include, but are not limited to, all drainage features, rights -of -way and parkways, walkways, driveways, parking areas, lighting of such driveways and parking areas, and landscaping in, on and under the Easement. The Common Areas shall also include all other areas of the Property, fixtures and improvements installed, maintained or dedicated for the mutual use and/or mutual benefit of all of the Lots and/or Owners, to the extent made available by the Declarant and Owners, including but not limited to the sidewalks, parking areas, access roads and drives, driveways, landscaped areas, truck service ways, open and enclosed pedestrian walkways, and common utility lines located in the Easement or other easements and rights -of -way on or to the Property and all brash dumpsters or sanitary containers and enclosures intended for the common use of the Owners. eECLAAATIor Of aESTR[CT of. COVENANTS AND CONDITIONS OF CraipEVINE STATION NORTH PAGE 9 Page 6 of 40 sidewalks, driveways, driving aisles and curbs, so that the surfaces are level, smooth and evenly covered with the type of surfacing material originally installed, or a substitute material that is equal in quality, appearance and durability, as approved by the Declarant (such items (i) through (vi), inclusive, being collectively referred to herein as the "Required Condition"). If the affected Lot Owner has not commenced reasonable efforts to bring the affected Lot into the Required Condition within twenty (20) days after written notice of such noncompliance, or if the affected Lot Owner fails to diligently prosecute such efforts to completion without cessation of more that two (2) business days for any single interruption or an aggregate total of four (4) business days for all interruptions except as prevented by Acts of God, then the Declarant shall have the authority to bring the affected portion of the Property into the Required Condition. The maintenance assessment together with such interest thereon, costs of collection thereof and reasonable attorneys' fees for maintenance assessment collection, shall be a charge on the land and shall be a continuing lien upon each portion of the Property against which each maintenance assessment is made. Each such maintenance assessment, together with such interest thereon, costs of collection thereof and reasonable attorneys' fees for maintenance assessment collection, shall be the continuing personal obligation of the person who was/is the Owner of such portion of the Property at the time when the maintenance assessment occurred. J. Each Owner of a Lot within the Property shall install and construct or cause to be installed or constructed by contract or otherwise, all parking areas, sidewalks, driveways, driving isles and curbs and all drainage and site grading appurtenant thereto in accordance with the Site Plan and the building requirements of the City of Grapevine prior to occupancy of the Unit or thirty (30) days after completion of construction of the Unit, which ever occurs first, in accordance with the provisions and requirements of this Declaration. K. All lease agreements with occupants of the Units shall contain a provision that such occupants are subject to and bound by the terms of this Declaration, as it applies to such occupant's use and occupancy of such Unit. However, this will not relieve the Owner of his/its/her other obligations, covenants and duties under this Declaration. L. Each Owner shall, at his/her/its sole expense, repair, restore or rebuild any Unit, side walk, drainage facility, driveway or parking surface, or other improvement on its respective Lot or in the Easement or other Common Areas that are damaged or destroyed by such Owner or his/her/its employees, tenants, invitees, agents or representatives, whether or not the damage or destruction is covered by insurance, except to the extent otherwise expressly provided in this Declaration; provided, however, at the option of the Owner, any Unit that is damaged or destroyed may be removed completely if the Unit site is either paved in the same design and materials of the Easement or landscaped in the manner required by the ordinances of Grapevine and this Declaration. M. The Declarant hereby and herewith reserves for itself, the Association and all Owners (for the use of themselves and their respective successors in Lot or Property ownership), agents, representatives, owners, tenants, licensees and invitees, a nonexclusive, perpetual easement for pedestrian and motor vehicle ingress, egress and parking (occasional business invitees only) on, over and across all driveway entrances, sidewalks, drives, paving, fire lanes and parking areas now or hereafter situated in, on, over, across and upon the Easement. The Declarant hereby and herewith reserves for itself and the Association for the use of themselves and their respective successors, agents, representatives, owners, and contractors, a nonexclusive, perpetual easement for the ingress,