HomeMy WebLinkAboutResolution 1998-007
RESOLUTION NO. 98-07
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICH LAND
HILLS, TEXAS, that:
1.
The Mayor be, and is hereby, authorized to execute the AGREEMENT TO CANCEL
COVENANTS AND RESTRICTIONS, which is attached to this Resolution as Exhibit "A",
as the act and deed of the City.
PASSED AND APPROVED this 9th day of February, 1998.
APPROVED:
~ ~
T~m~or
ATTEST:
, 1/JilJ(:lé<- Jiv-(5t/Y\...-
Patricia Hutson, City Secretary
APPROVED AS TO FORM AND LEGALITY:
~~",,(/q', ",.""',.,,,' .. ',,' , --...--,..-.
/' ..';/" --------
¡ C~ ~·l<~
Rex Mcœntire, City Attorney --
EXHIBIT "A"
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS
This Agreement to Cancel Covenants and Restrictions (the
Agreernent") is made and entered into as of the .Jl. day of February
1998 by and between Lincoln Hightower, Ltd., a Texas 1 imi ted
partnership ("Hightower") and WCJ Rufe Snow 94, Ltd., a Texas
1 irnited partnership ("WCT")
WHEREAS, Hightower is the owner of the property described on
ExhiþitJ:.. attached hereto and made a part hereof for all purposes
(the "Hightower Property") subj ect to that certain Right - of - Way
Dl'?ed dated November 7, 1995, executed by Hightower Investments,
L.C., as grantor, in favor of the City of North Richland Hills,
recor.^ded in Volume 12166, Page 1161, deed records of Tarrant
County, Texas (the "Hightower Deed"); and
WHEREAS, WCJ is the owner of the property described on
Exhibj~ attached hereto and made a part hereof for all purposes
(the "WCJ Property") subj ect to that certain Right - of - Way Deed
dated October 19, 1995, executed by WCJ, as grantor, in favor of
the City of North Richland Hills, recorded in Volume 12143, Page
1194, deed records of Tarrant County, Texas (the "WCJ Deed"); and
WHEREAS,
the Hightower Property and the WCJ Property
(collectively the "Burdened Property") are encumbered by certain
easements, covenants, conditions, restrictions, benefits, rights
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 1
and obligations created by that certain Easements With Covenants
And Restrictions Affecting Land (ECR) dated August 15, 1984,
recorded at Volume 7943, Page 1160, Deed Records of Tarrant County,
Texas (the "ECR"); and
WHEREAS, Hightower and WCJ
(collect i vely, the "Owners" )
desire to cancel and terminate the ECR.
NOW, THEREFORE,
for and in consideration of the mutual
promi~~es and undertakings contained herein and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Owners hereby agree as follows:
1. Hightower represents and warrants that: (i) Hightower is
the record owner of the Hightower Property subject to the Hightower
Deed, and (ii) Hightower has the right, power and authority to
enter into this Agreement and terminate the ECR in accordance with
this Agreement.
2. WCJ represents and warrants that: (i) WCJ is the record
owner of the ìtoJCJ Property, and (ii) WCJ has the right I power and
authori ty to enter into this A~1reement and terminate the ECR in
accordance with this Agreement.
3. The Hightower Property and the WCJ Property, along with
the property described in the Hightower Deed and the WCJ Deed,
constitute all of the property subject to the ECR.
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 2
4. Pursuant to Paragraph 8(a) of the ECR, the Owners, being
all of the record owners of Parcel I and of Parcel II (as such
terms are defined in the ECR) subject to the Hightower Deed and the
WCJ Deed, hereby cancel and terminate the ECR and all easements,
cov(c"nants,
conditions,
restrictions,
benefits,
rights
and
obligations under the ECR and hereby release and discharge all of
thf=:; Burdened Property from the ECR and from all easements,
covenants,
restrictions,
conditions,
benefits,
rights
and
obligations under the ECR. The Owners agree that the termination
and cancellation of the ECR includes the cancellation and
termination of the access and/or utility easements described on
Exhibit D, if any, attached to the ECR and that all easements,
covenants, restrictions, conditions, rights, benefits and
obligations under the ECR are hereby canceled and terminated and of
no further force or effect.
5. Each of the Owners, on behal f of such Owner and its
successors and assigns, hereby releases and forever discharges each
of the other Owners, and their respective successors and assigns,
from any and all obligations, duties, claims, causes of action,
demands, costs/ and liabilities, whether known or unknown, absolute
or contingent, now existing or hereafter arising, under, arising
out of, or in connection with the ECR.
6. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, personal
representatives, successors and assigns.
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 3
02/09/98 MON 18:4i FAX 214 i12 4402
VIAL HAMILTON
I4J 005
7. Each of the Owners agrees to execute, acknowledge and
deliver stich documents and instruments as may be reasonably
necessary to confirm, evidence or effectuaté the purpose and intent
of this Agreement.
8. This Agreement shall be governed by the laws of the state
of Texas.
IN WITNESS 1VHEREOF, the parties hereto have executed this
Agreement as of the date and year first hereinabove written.
LINCOLN HIGHTOWER, LTD., a Texas
limited partnership
BY:
!l""f4 $((1'[('-1 J,¿¡""V' I" ::i!/lC .
a Texas t>~;:; "¡",'DV)
ITS: General Partner
BY:
~J/f
ITS:
(/;-¿Il lfo('{-(j.eJ
WCJ RUFE SNOW 94, LTD., a Texas
limited partnership
By; WCJ Investments 92, L.C., a
Texas limited liability company,
General Partner
BY:
ÁL ~~~~~~~g~t'
W. Do las enni s
Manager
ITS:
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - page 4
CONSENT
Pursuant. t.o t.he t.erms of Resolut.ion No. ij¿/{/'1, t.he Cit.y of
Nort.h Richland Hills, Texas, hereby consent.s t.o t.he t.erminat.ion of
the ECR.
ATTEST:
CITY OF NORTH RICHLAND HILLS, TEXAS
\ ~)~UIV( (¿¿ /l¿¿L:jGr-
City Secret.ary
BY'(~~Ð~ J
IDLY B own
It.s: Mayor ,
CONSENT
Hightower Invest.ment.s, Lt.d., a Texas 1 imi t.ed part.nership,
hereby consent.s to the termination of t.he ECR.
HIGHTOWER INVESTMENTS, LTD.,
a Texas limited partnership
Its:
By:
By:
As t.he owner and holder of a lien encumbering Parcel II
pursuant to that. certain Deed of Trust., Securit.y Agreement. and
Financing Statement executed by WCJ Rufe Snow 94, Ltd., to Danny K.
Coleman, Trustee, dated May 28, 1997, recorded in Volume 12793,
Page 425, Deed of Trust Records, Tarrant. County, Texas, Central
Bank & Trust, n/k/a Norwest Bank hereby consents to the termination
of the ECR.
NORWEST BANK
By:
ITS:
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 5
02/09/98 MON 18:47 FAX 214 712 4402
VIAL HAMILTON
[4] 007
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instru.ment w~s a.ckno:VJl~dged before me on the ~ O-t!,,) day
of February, 199B, byS+e£"e.(\(¿,.Se...\-h.. , ViCe PreS,deJ\T of
ÄùS~ "\ çi$('nk(w~Inc., the Ge eral Partner of Lincoln Hightower, Ltd.,
a Texas limited partnership, on behalf of such limited partnership.
C~~i lÀJ(H
Notary ?ublic in and for
The State of Texas
CO \\\"\:~ --' L.. C\)', *
Printed Name of Notary
~.......
/~~..P"I_~;¿~ CONNIE L. WITT
(.:i~~~, NOTARY PUBLIC
\~~)~} State of Texas
, "'::'t.~.~;/' Comm, Exp, 08..25-2001
My Commission Expires:
O'8~ d.'5~ dOD\
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ~ day
of February, 1998, by W. Douglas Jennings, Manager of WCJ
Investments 92, L. C. I a Texas limited liability company, the
general partner of Wc.J RUFE SNOW 94, LTD., a Texas limited
partnership, on behalf of such limited partnership.
~.~
No Pub11C 1n and for
The state of Texas
Printed Name of Notary
My Commission Expires:
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 6
THE STATE OF TEXAS §
§
COUNTY OF TJŒRANT §
,/. ,
This instrument was acknowledged before me on the /,{/{I day
ot February, 1998, by Tommy Brown the Mayor of the City of North
Richland Hills, Texas.
1,00
./---x: / I " /- ),
(,_." ,~~/// _,/::/(//?,'_<~_/~}:~~~' ;Y'",={ t :(1 L¡~¿ ~/
Notary Publi¢ in and for
The State of Texas
ηil;
HCl
/'\ (' ).,
, " /" /C<' .'. /)' ..'
c;//'! /[/1/ "; It: it (' è
Printed Name of Notary
My Commission Expires:
/) ..._ /, ./. /, !-/1
G(~' ,'> / ' t.."_::::/
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the
of February, 1998, by
of Norwest Bank, on behalf of such Bank.
--
day
the
---
----..-----------
Notary Public in and for
The State of Texas
Printed Name of Notary
l\ly Commission Expires:
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 7
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowleclged before me on the /) day
of February, 1998, by Billy ,J. Graham, President of Grove
Investors, Inc., a Texas corporation, the sole general partner of
Hicjhtower Inves tments, Ltd., a Texas 1 imi ted partn~rship.
{J ¿~ tlléL~ () If' U£-íttRrf
Notary Public in and for
The State of Texas
Printed Name of Notary
My ConmÜssion Expires:
Exhibit A - Hightower Property
Exhibit B - WCJ Property
H: H I IS CIJP.C'UR 1'\(,2681,5
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 8
EXHIBIT ltA'~
LEGAL DESCRIPTION
LQIJ.:
Description for a tract of land in the WILUAM MANN SURVEY, ABSTRACT NUMBER 1010,
City of North RicWand Hills, Tarrant County, Texas, and being a portion of a tract of land
described in a deed to PITfSBURGH-NORTH RICHLAND HILLS JOINT VENTURE, recorded
in Volume 7629, Page 832, Deed Records of Tarrant County, Texas and being described by metes
and bounds as follows:
BEGINNING at an "X" found cut in concrete in the east line of Rufe Snow Drive for the most
westerly northwest comer of "TRACT 1" as described in a deed to WC] RUFE SNOW 94, LTD.,
as recorded in Volume 11431, Page 177 8, Deed Records of Tarrant County, Texas, and for the
most westerly northwest comer of a tract ofland described in a Right-of-Way Deed to THE CITY
OF NORTH RICHLAND HILLS, recorded in Volume 12143, Page 1194, Deed Records, Tarrant
County, Texas;
THENCE North 50 degrees 29 minutes 50 seconds East a distance of 17.11 feet to a point in
Hightower Drive for the most northerly northwest comer of said WC] Rufe Snow 94, Ltd. tract,
and of said City of North RicWand Hills tract;
THENCE South 89 degrees 50 minutes 00 seconds East a distance of 136.90 feet to a point in
Hightower Drive for the northeast comer of said WC] Rufe Snow 94, Ltd. tract, and of said City
of North Richland Hills tract;
THENCE South 89 degrees 50 minutes 56 seconds East a distance of 157.75 feet to a point in
Hightower Drive;
THENCE South 00 degrees 13 minutes 47 seconds East at 9.19 feet passing a Ih" iron pin set with
cap marked, "AREA SURVEYING" in the proposed south line of Hightower Drive, in all, a total
distance of 264.81 feet to a 112" iron pin set with cap n,arked, "AREA SURVEYING";
THENCE South 89 degrees 46 minutes 13 seconds West a distance of 82.37 feet to a In" iron pin
set with cap marked, "AREA SURVEYING";
THENCE North 00 degrees 10 minutes 26 seconds East a distance of 15.00 feet to a Ih" iron pin
set with cap marked, "AREA SURVEYING";
THENCE South 89 degrees 46 minutes 13 seconds West at 210.67 feet passing a In" iron pin set
with cap marked, "AREA SURVEYING" in the proposed east line of Rufe Snow Drive, in all, a
total distance of 225.67 feet to the existing east line of Rufe Snow Drive;
THENCE North 00 degrees 13 minutes 47 seconds West a distance of 71.90 feet along the existing
east line of Rufe Snow Drive to a In" iron pin found;
THENCE North 00 degrees 12 minutes 55 seconds West a distance of 169.08 feet to the POINT
OF BEGIN!\TJNG, said described tract containing 1.800 gross acres of land and containing 71,631
square feet or 1.644 acres of land net of the proposed right-of-way dedications.
Being also known as Lot 1, Block 1, Hightower Plaza, an Addition to the City of North Richland
Hills, Tarrant County, Texas, to be recorded in the Deed Records of Tarrant County, Texas.
REDAL:136391.1 15413.{)X)69
LEGAL DESCRIPTION
~
Description for a tract of land in the WILLIAM MANN SURVEY, ABSTRACT NUMBER lOW,
City of North Rkhland Hills, Tarrant County, Texas, and being a portion of a tract of land
described in a deed to pmSBURGH-NORTH RICHLAND HILLS JOINT VENTURE, recorded
in Volume 7629, Page 832, Deed Records of Tarrant County, Texas and being described by metes
and bounds as follows:
BEGINNING at an "X" found cut in concrete in the east line of Rufe Snow Drive for the most
westerly northwest corner of "TRACT 1" as described in a deed to WCJ RUFE SNOW 94, L TD.,
as recorded in Volume 11431, Page 1778, Deed Records of Tarrant County, Texas, and for the
most westerly northwest corner of a tract of land described in a Right-of-Way Deed to THE CITY
OF NORTH RICHLAND HILLS, recorded in Volume 12143, Page 1194, Deed Records, Tarr::.nt
County, Texas; Thence South 00 degrees 12 minutes 55 seconds East a distance of 169.08 feet
along the existing east line of Rufe Snow Drive to a Ih" iron pin found; Thence South 00 degrees
13 minutes 47 seconds East a distance of 71.90 feet continuing along the existing east line of Rufe
Snow Drive to the POINT OF BEGINNING of the tract herein described;
THENCE North 89 degrees 46 minutes 13 seconds East at 15.00 feet passing a 1h" iron pin set
with cap marked, "AREA SURVEYING" in the proposed east line of Rufe Snow Drive, in all, a
total distance of 225.67 feet to a Ih" iron pin set with cap marked, "AREA SUR....lEYING";
THENCE South 00 degrees 10 minutes 26 seconds West a distance of 166.69 feet to a W' iron
pin set with cap marked, "AREA SURVEYING";
THENCE North 89 degrees 51 minutes 09 seconds West at 209.50 feet passing a 1/2" iron pin set
with cap marked, "AREA SURVEYING" in the proposed east line of Rufe Snow Drive, in all, a
total distance of 224.50 feet to the existing east line of Rufe Snow Drive;
THENCE North 00 degrees 13 minutes 48 seconds West a distance of 165.21 feet along the
existing east line of Rufe Snow Drive to the POINT OF BEGINNING, said described tract
containing 0.857 gross acres of land and containing 34,874 square feet or 0.800 acres of land net
of the proposed right-of-way dedication.
BEING Lot 2, Block I, Hightower Plaza, an Addition to the City of North RichJand Hills, Tarrant
County, Texas, according to plat recorded in Deed Records of Tarrant County, Texas.
REDAL:n6424,1 15413-00069
I.ÆAL D~PITOO
LOU.:.
O=ription for :llmet of bnd in Ihc WILLIAM MANN SURVEY. ADSTMCT NUr-.1ßER 10111.
City of North Riehl:lnd iii II s. T:m:lnt County. Tcx:ls. and being a portion of n Imet of 1:lOd
d=ribcd in:l dced 10 PIl1SI\11IGI1-NoRTII RIt'I1IA>;1> IIIIJ_~ JOIST Vr~'T1·Rr. recorded in Volume
7(,21). P:lge 8'1. Deed Records of TarTanl Count)'. Tcx:ls Dnd being described by metes and
bOunds :IS folloll"s:
COMMENCING at :In "X" found cuI in eonerele in Ihe cast line of Rufe Sno\\ Dri\'e for the most
wcsterly north\\est comer of "TRACT I" as d=ribcd in :I deed 10 WCJ Rl'fE SNOW 94. L TD.. :IS
recorded in Volume 11 H I. Page 1778. Deed Records of Tarnnt Count)'. Tcxas, and for the most
weslerl)' northwesl comer of a tmet ofl:md described in:l Righl'{)f-W:I~ Deed to TilE OW OF
NORTII RIC'tIlANt> HIIJ_~. =:dcd in Volume 121·13, Page 1194. Deed Records. T:I. ,anI County.
Te\as~ Thenee Nonh 5U degrees 21J minutes 50 seconds E:1sl:l distJnce of 17.11 feel lO:! poinl
in Highlower Dri\'e for Ihe mosI northerly north\\esl corner ofs.,id WCJ Rufe Snow 9~, LId
Imet. :ln4 of S3id City' of North Rkhl:md Hills Ir:let; Thence South 89 degrees ~u minutes UO
seconds East a disl:!lIee of D690 feet to a poinl in Highlo"er Dri\'C for Ihe northc:lsl comer of
s:!id WeJ Rufc Snow 9~. LId, Ir.x:t. and ofS3id Cit)' of North Riehland Hills Imet; Thcnee South
l.1) degrees ~o minlltcs ~(, seconds E.,st:! dist:!nee of 157,75 feel 10 a point in Hightower Dri\'e for
Ihe POINT OF BEGINNING oflhe tmet herein described~
TI fENCE Soulh 1\<) degrees 50 minutes ~6 seconds E:1st a dist:lnee of 292,1 0 feel 10 5/R" iron pin
fOllnd.
THENCE SOllth IK) degrees 14 minules 16 seconds E:!st :!16,J~ feel p:!ssing:l 1/2" irOIl pin set in
Ihe c'Cisting sollth line of Hightowcr Dn\e. in :Ill. :I 101:11 dist:lnee of J9),07 feet to:! 112" iron pin
found \\ilh e:lp "':Irked. ".JJŒ'! SUJII'ErJ,\'(j";
TIIENCE Nonh R<) degrees 50 minutes ~4 seconds West:! dist;¡nee of 265.07 feet lo:! 112" iron
pin found.
~r:NCE South 110 degrees 2K minutes 19 seconds E:!st a dist:lOee of 23,'}H feet to:! 1/2" iron pin
found~
THENCE Nonh K9 degrees 5110inutes 09 seconds Wcst a disl:!nee of 110.63 feet lo:! 112" iron
pin set II ilh C:Jp marked. "AREA SURVEYING·;
THENCE Nonh 00 degrees 10 minutes 2(, seconds E:J.st :! dislanee of 151.69 fecI lo:! 112" iron
pin set with c.'p IImked. "AR!::A SURVEYING:
TIIENCE Nonh HI) degrees 46 minutes 13 seconds E:1st:! disl:lllee ofH2,37 fect 10 a 1/2" iron pin
set with C:Jp mJ rked. ·,1 R/~'1 sum ï:TI NG";
THENCE Nonh 00 degrees 13 minules 47 seconds West:lt 255,62 fect passing a 1/2" fron pin
~(in the existing south line of Highlo\I'Cr Dri\'C. in all. a 101:11 dist:!nee of264.81 feel 10 the
POINT OF DEGINNING. ~,id described .met conl:!ining 2.940 gross :leres orland :lnd
cont:!ining 125.R04 sqllare fecI or 2,811R:!CfCS of land net oflhe proposed right-of-w:!)" dcdic:¡(jon.
BEING Lot 3, Block 1, Hightower Plaza, an Addition to the City of North rJchJand Hills, Tarrant
County, Texas, according to the plat recorded in Deed Records of Tarrant County, Texas,
EXHIBIT ifj"
BEING a tract of land out of the Nilliam Mann Survey, Abstract No.
1010, in the city of North Richland Hills, Tarrant County, Texas,
and being a portion of a tract of land conveyed to pitt~burgh -
North Richland Hills Joint Venture, as recorded in Volume 7629,
Page 832 of Deed Records of Tarrant County, Texas and being more
particularly described as follows:
COMMENCING at a 1/2 inch iron rod set in the East right-of-way line
of Rufe Snow Drive (77 foot R.O.N.), and being the most Nesterly
point on a corner clip at the intersection with the South right-of-
way line of Hightower Road (Country Road No. 3051);
THENCE South 00 degrees 14 minutes 02 sec~nds East 406.36 feet to
a 1/2 inch iron rod set for corner and POINT OF BEGINNING;
THENCE South 89 degrees 50 minutes 00 seconds East 335.01 feet to
an 1/2 inch iron rod set;·
THENCE North 00 degrees 14 minutes 02 sec~nds Nest 24.00 feet to an
1/2 inch iron rod set;
THENCE South 89 degrees 50 minutes 00 seconds East 265.00 feet to
an 1/2 inch iron rod set;
THENCE South 00 degrees 14 minutes 02 seconds East 730.27 feet to
an 1/2 inch iron rod set;
THENCE North 89 degrees 45 minutes 59 seconds East 518.31 feet to
an 1/2 inch iron rod set;
THENCE South 00 degrees 11 minutes 07 seconds East 200.00 feet to
a corner post in fence found for corner;
THENCE South 89 degrees 45 minutes 59 seconds Nest with the South
fence line of said Pittsburgh - North Richland Hills Joint Venture
tract, 1,118.14 feet to a 3/8 inch iron rod found for corner in the
East right-of-way line of said Rufe Snow Drive;
THENCE North 00 degrees 14 minutes 02 seconds Nest with the East
right-of-way line of said Rufe Snow Drive, 910.46 feet to the POINT
OF BEGINNING and CONTAINING 15.037 acres or 655,023 square feet.