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Home My WebLink AboutResolution 2000-098 RESOLUTION NO. 2000-098 BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, that: 1. The City Manager be, and is hereby authorized to execute the attached covenant with Home Depot USA, Inc. for use of the Wayne Lane right-of-way. PASSED AND APPROVED this the 11th day of December, 2000. ATTEST: -í.0~~::'(,.' ~'~<C,/~~i ;Ý~.' ", > <'!.·'·n ""{ . ' ;g. , "'\p' lC:' r ':'.--\ ,. :-:0: :rr¡' :;:?::- \. h ,:' ç~ '':;\) ... ... ë,;' " -'I. "10. '~/, ~llj/1 'I r. , ,-1",','11 J}¡¡' \ , . .t " . -' : j C/I ?I ~_.¿;"A..l¿ Charles Scoma, Mayor ¡ I I 1 L ¿y'~/t'L- i) , I:{ 'I( , /" l: / I / ", v ~/ (' ( (( ( / '-..,¡ L,...AM)~ Patricia Hutson, City Secretary APPRÇWEÕ~ TO FORf\¡A AND LEGALITY: /~ ,-,""' L'/' "¿--./ / /"" /j / / " ' ' /, /// // , ,,/ /" ./~ / . ,~/ "..., "",'··//f -R~~ MCE~~ir:, Att~~~kít::{ APPROVED AS TO CONTENT: ;:,0 '\. COpy STATE OF TEXAS ) COVENANT -." COUNTY OF TARRANT ) Whereas, Home Depot D,S.A" Inc" a DeIaware corporation having an office at 2455 Paces Ferry Road, Atlanta, Georgia 30339, Attention: Vice President-ReaI Estate Law Group ("Home Depot") is the owner of an approximately 17.3 79 acre tract of Iand out of the T, K. Martin Survey, Abstract 1055, located near the intersection of Precinct Line Road and Mid- Cities Boulevard and more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"); and \\'hcr~as, Home Depot has requested access to said Property tb.rough a platted public street called Wayne Lane and the right to make certain improvements to Wayne Lane in connection with Home Depot's development of the Property; and Whereas, the City of North Richland Hills (the "City") is willing to grant such access and allow such improvements upon the tenns and conditions contained herein; Now, therefore, for and in consideration ofTen Dollars ($10.00) in hand paid, the mutual promises and covenants made herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, the parties agree and covenant as follows: The City covenants and agrees that (i) Wayne Lane shaH at all times remain a public street and (ii) Home Depot, its tenants, customers, employees, agents and invitees shall have fuli and unrestricted access to the Property over and across Wayne Lane. In furtherance of the foregoing, Home Depot shall have the right to construct, illuminate and maintain a hard surface road and driveway from Precinct Line Road to the Property within the Wayne Lane right-of-way. Home Depot shall also have the right to install underground conduit and other utilities, light standards, irrigation systems, landscaping and roadway signs within the Wayne Lane right-of- way, Any improvements within Wayne Lane made by Home Depot shall be maintained by Home Depot at its sole cost and expense, In the event the owner of Lot 16, Thompson Park Estates (the property abutting Wayne Lane on the north) wishes access to Wayne Lane and the road improvements constructed by Home Depot within Wayne Lane, the City shall have the right to grant such access pursuant to applicable City rules, regulations and policies, The provisions of this Covenant shall run with the land and shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, successors, assigns, and the legal representatives of their estates. After recordinG, please return copy to: City of North Richland Hills Public Works Administration P. 0, Box 820608 North Richland Hills, Texas 76180 .~-,,- ~C¿..t't\ ~ Witness Whereof, the parties have executed this Covenant as of the ~ day of .octobcr, 2000. CITY: CITY OF NORTH RICHLAND HILLS, TEXAS , By: STATE OF TEXAS COUNTY OF TARRANT ) ) L.-r '" t:,:e ~ \:,e.-V This instnunent was acknowledged before me on the I day oWctober, 2000, by Larry J. Cunningham, the City Manager of the City of North Richland Hills, Texas, on behalf of the City. =-___-=,~,_oc.._===__""----,:_;; ~- ~ ~::::;;....__._.)-~_. -~ - \ ."-'-.'" L¿;>èë;:;" AU''' "ce~RDSO" ð-t fA ^ f,;; <-:' ~~ ~_: Nctar\)~. S,óte ofTexas . r:;;;f?',':,:/ MyCOn\ic",,,n Exp!ròS 10-lm ry PublIc, State of Texas My Commission ~i'~;~T=~ ----.." -' Notary's Printed Name: IDI,tiID~ AGIL(Pr ~ltHAV<~~()~ SIGNATURES CONTINUE ON FOLLOWING PAGE 420285-2 1630,1331000 2 STATE OF GEORGIA COUNTY OF COBB ) ) My Commission Expires: ?~ 420285·2 1630,1331000 HOME DEPOT: HOME DEPOT U. .A., INC" a Delaware corporation ed before me on the ;J7I-i, day of October, ,the of Home Depot U.S.A., Inc" a Delaware ~ Notary's Printed Name: GLENDA M. WIGGINS .-.................... ---;. ~,~ "O;:-r1,CIAL SEAL" ~~ ~- ,. ~ -'- ,,\~r; °ns -- ::'~ Glenda :JI. fulggl . ;"Ë ::.:'= t\{1'2..1)f Pt±lic State of Grorga ~ ~ËI'Y {'~'i'í";S2kJn E'(!)irE.-512-2.7-Q3~ ~,~~;~;~.. ~ ~ ....- 3 . ~..- ~tí EXHIBIT "A" A tract of land situated in the Tandy K. Martin Survey, Abstract No.1 055, Tarrant County, Texas and being all of a tract of land described in a deed to LUCAS FAMILY LIMITED PARTNERSHIP as recorded in Volume 12980, Page 501 of the Deed Records, Tarrant County, Texas (DRTCT) and being a portion of Lots 5, 6 & 7, Block 2 of THOMPSON PARK ESTATES, an addition to the City of North Richland Hills according to the plat recorded in Volume 388-12, Page 31 (PRTCT) and being more particularly described as follows: COMMENCING at a brass cap monument found for the southwesterly point of a corner clip for the intersection of the northerly right-of-way line of MID-CITIES BOULEVARD (W A T AUGA ROAD) (a variable width right-of-way) and the westerly right-of-way line of PRECINCT LINE ROAD (a variable width right-of-way); THENCE departing the westerly right-of-way line of said PRECINCT LINE ROAD and along the northerly right-of-way line of said MID-CITIES BOULEVARD North 89 50'10" West, a distance of 135.18 feet to a 1/2 inch iron rod set for the POINT OF BEGINNING; THENCE along the northerly right-of-way line of said MID-CITIES BOULEVARD North 89 50' 1 0" West a distance of 868.12 feet to a 1/2 inch iron rod set for corner; THENCE departing the northerly right-of-way line of said MID-CITIES BOULEVARD North 0009'59" East, a distance of 850.52 feet to a 1/2 inch iron rod set for corner, said point being in the southwest corner 6f Lot 1, Block 1 of THOMPSON PARK ESTATES, an addition to the City of North Richland Hills according to the plat recorded in Volume 388-2, Page 34 (PRTCT); THENCE along the southerly line of said THOMPSON PARK ESTATES as recorded in Volume 388-2, Page 34 (PRTCT), North 89 57'09" East, a distance of 549.80 feet to a 1/2 inch iron rod set for corner in the westerly line of a tract of land described in a deed to Kimberly Ann Hawkins Phillips as recorded in Volume 10250, Page 1931 (DRTCT); THENCE along the westerly line of said Kimberly Ann Hawkins Phillips tract South 00 21' 27" West, a distance of 140.00 feet to a 1/2 inch iron rod set in the southwesterly corner of said Kimberly Ann Hawkins Phillips tract; THENCE along the southerly line of said K¡mber~y Ann Hawkins Phiiiips tract, North 89 57' 11" East, a distance of 130.04 feet to a 1/2 inch iron rod set in the westerly line of Lot 17, Block 1 of said THOMPSON PARK ESTATES as recorded in Volume 388-12, Page 31 (PRTCT); THENCE along the westerly line of said Lot 17, Block 1, South 00 16'01" West, a distance of 1 09.72 feet to a 112 inch iron rod set in the southwesterly corner of said Lot 17, Block 1 ; THENCE along the southerly line of said Lot 17, Block 1, EAST, a distance of 190.00 feet to a 3/8 inch iron rod found in the northerly right-of-way line of THOMPSON CIRCLE (WAYNE LANE) (60 feet right-of-way); THENCE South 00 16'00" West, a distance of 60.00 feet to a 1/2 inch iron rod set for corner in the southerly right-of-way line of said THOMPSON CIRCLE; THENCE along the southerly right-of-way line of said THOMPSON CIRCLE, EAST, a distance of 219.21 feet to a 1/2 inch iron rod set for corner in the westerly right-of-way line of said PRECINCT LINE ROAD; THENCE along the westerly right-of-way line of said PRECINCT LINE ROAD, South 00 10'03" West, a distance of 375.00 feet to a 1/2 inch iron rod set in the northerly line of Lot 4, Block 2 of said THOMPSON PARK ESTATES as recorded in Volume 388-12, Page 31 (PRTCT); THENCE departing the westerly right-of-way of said PRECINCT LINE ROAD and along the northerly line of said Lot 4, Block 2, WEST, a distance of 219.86 feet to a 1/2 inch iron rod set in the northwesterly corner of said Lot 4, Block 2; THENCE South 00 16'00" West, a distance of 168.85 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 17.379 acres or 757,050 square feet of land more or less, LESS that portion of said property dedicated for right-of-way purposes on the Plat denoted "Home Depot Addition, Block 1, Lot 1", which has recently been recorded.