HomeMy WebLinkAboutResolution 1997-001
RESOLUTION NO. 97-01
WHEREAS, on November 7, 1995, Hightower Investments, L.C. executed a certain
right-of-way deed in favor of the City of North Richland Hills which is recorded in Vol. 121,
p. 1161, Deed Records of Tarrant County, Texas; and
WHEREAS, on October 19, 1995, WCJ Rufe Snow 94, LTD. executed a certain
right-of-way deed in favor of the City of North Richland Hills, which is recorded in Vol.
12143, p. 1194, Deed Records of Tarrant County, Texas; and
WHEREAS, the two underlying tracts, of which the property described on the two
right-of-way deeds were a part, are burdened by certain Easements with Covenants and
Restrictions affecting land dated August 15, 1984 and recorded in Vol. 7943, p. 1160,
Deed Records of Tarrant County, Texas; and
WHEREAS, the present owners of the two underlying tracts wish to cancel the
covenants and restrictions which were imposed by the document referred to above dated
Augu~15, 1984; and
WHEREAS, said owners have requested this City to join in the AGREEMENT TO
CANCEL COVENANTS AND RESTRICTIONS; and
WHEREAS, the City Council finds that such joinder and consent by the City will in
no way affect use of the property as right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS, that:
1.
The Mayor be and is hereby authorized to execute Exhibit "A" attached hereto and
made a part hereof, as the act and deed of the City.
PASSED AND APPROVED this 10th day of February, 1997.
APPROVED:
ATTEST:
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Tommy Brown, Mayor
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-" Patricia Hutson, City Secretary
APPROVED ~~J~ORM AND
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Rex McEntire, City Attorney
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AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS
This Agreement to Cancel Covenants and Restrictions (the
Agreement") is made and entered into as of the ___ day of
1997 by and between Hightower Investments, Ltd., a Texas limited
partnership (successor by merger to Hightower Investments, L.C., a
Texas limi ted liability company) ("Hightower") and WCJ Rufe Snow
94, Ltd., a Texas limited partnership ("WCJ")
WHEREAS, Hightower is the owner of the property described on
Exhibit A attached hereto and made a part hereof for all purposes
(the "Hightower Property") subj ect to that certain Right - of - Way
Deed dated November 7, 1995, executed by Hightower Investments,
L.C., as grantor, in favor of the City of North Richland Hills,
recorded 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
Rxhibit B 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
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 1
easements, covenants, conditions, restrictions, benefits, rights
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 (collectively, the "Owners")
desire to cancel and terminate the ECR.
NOW, THEREFORE, for and in consideration of the mutual
promises 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, (ii) the Hightower Property is the same property as the
property described as Parcel I in the ECR and (iii) 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 WCJ Property, (ii) the WCJ Property is the same
property as the property described as Parcel II in the ECR and
(iii) WCJ has the right, power and authority to enter into this
Agreement and terminate the ECR in accordance with this Agreement.
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 2
3. 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,
covenants, conditions, restrictions, benefits, rights and
obligations under the ECR and hereby release and discharge all of
the Burdened Property from the ECR and from all easements,
covenants,
restrictions,
conditions, benefits, rights and
The Owners agree that the termination
ECR includes the cancellation and
obligations under the ECR.
and cancellation of the
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.
4. 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,
[rom 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.
5. 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
6. Each of the Owners agrees to execute, acknowledge and
deliver such documents and instruments as may be reasonably
of this Agreement.
necessary to confirm, evidence or effectuate the purpose and intent
of Texas.
7. This Agreement shall be governed by the laws of the State
Agreement as of the date and year first hereinabove written.
IN WITNESS WHEREOF, the parties hereto have executed this
HIGHTOWER INVESTMENTS, LTD., a Texas
limited partnership
BY: GROVE INVESTORS, INC., a Texas
corporation
ITS: General Partner
BY:
Billy J. Graham
ITS: President
WCJ RUFE SNOW 94, LTD., a Texas
limited partnership
By: WCJ Investments 92, L.C., a
Texas limited liability company,
General Partner
BY:
W. Douglas Jennings
ITS: Manager
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS _ Page 4
CONSENT
Pursuant to the terms of Resolution No. , the City of
North Richland Hills, Texas, hereby consents to the termination of
the ECR.
ATTEST:
CITY OF NORTH RICHLAND HILLS, TEXAS
By:
City Secretary
Tommy Brown
Its: Mayor
As the owner and holder of a lien encumbering Parcel II
pursuant to that certain Deed of Trust (Security Agreement,
Financing Statement) executed by WCJ Rufe Snow 94, Ltd., to S.
Martin McDonald, Trustee, dated January 27, 1994, recorded in
Volume 11431, Page 1793, deed of trust records, Tarrant County,
Texas, as modified by instrument dated January 27, 1996, recorded
in Volume 12277, Page 2224, deed records, Tarrant County, Texas,
Overton Bank and Trust, N.A. hereby consents to the termination of
the ECR.
OVERTON BANK AND TRUST, N.A.
By:
ITS:
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day
of 1997, by Billy J. Graham, President of Grove
Investors, Inc., a Texas corporation, the general partner of
Hightower Investments, Ltd., a Texas limited partnership.
Notary Public in and for
The State of Texas
Printed Name of Notary
My Commission Expires:
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 5
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This
instrument was acknowledged before me on the day
1997, by W. Douglas Jennings, Manager of WCJ
L.C., a Texas limited liability company, the
of WCJ RUFE SNOW 94, LTD., a Texas limited
of
Investments 92,
general partner
partnership.
Notary Public in and for
The State of Texas
Printed Name of Notary
My Commission Expires:
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the day
of , 1997, by Tommy Brown the Mayor of the City
of North Richland Hills, Texas.
Notary Public in 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 TARRANT §
This instrument was acknowledged before me on the
, 1997, by
of Overton Bank and Trust, N.A.
day
of
the
Notary Public in and for
The State of Texas
Printed Name of Notary
My Commission Expires:
Exhibit A - Hightower Property
Exhibit B - WCJ Property
H:\fJUS\CDP\CORP\(,2(,8¡ ,2 O¡J22/Q74:)61'm
AGREEMENT TO CANCEL COVENANTS AND RESTRICTIONS - Page 7
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ÐCHIBlT A
P.NCEI. I
m:nc a tract of. lan:i out of the W11J.iaa L. Hæ1n SUrve'f, ~ No. 1010,
TarDmt Comty, 'TeXAS, and beinq part of a tz:act of land ccnveye:1 to Pitt.sl:Jurl;h-
North Ric:hland Hills Joint Vent.ure by F. S. B.Jdqins, et \DC, &5 recorded in
Voluœ 7629. PzIqe 832, Deed Ie:otd:s, Tarrant Ccunty, 'TeXAS. and beiD;J a:xre
particularly ð~~ as !ollcws:
~ at a point in the East ~ line of llufe SrØI Drive (an 80' 101) said POi:lt
beiD;J S O· 14' 02* E, 180.00 feet !reD the interseeticn of the pz:oject:ion of
the £a..-t ~ line of llufe SrØI Drive and the South lizIe of H1.ght:cwer Jœd
(County !bad No. 3051), said intersec:tion beinq 1ccated S O· 16' 14* w,
26.87 feet and S 89· 0' 46- E, 47.08 feet !reD the ~ comer of Aid
WiJ.]..im1 L. HèU1n SUrve'f;
~: S 89· 49' OS- E. 150.00 feet to a PJint for oxner:
~: N O· 14' 02- w. lS0.00 feet to a point for corner in the South line
of ~ 1b5d;
'I1Œ1CE: S 89· 49' OS- E. 450.02 feet ala1g the South lizIe of HightoWer Ibad
to a point for comer:
'11!EN:E: S O· 14' 02- E, 393.00 feet to a point for comer:
'mEN:E: N 89- 49' OS- W, 265.00 feet to a point for corner:
'1'REN:Z: S O· 14' 02- E. 24.00 feet to a PJint for corner:
"l1Œ!CE: N 89- 49' OS- W, 335.02 feet to a point for comer in the East ~
line of Rufe Sn:Jw Drive:
'lI!EN:E:: N 0- 14' 02- w. 237.00 feet ala1g the East KW Une of Rufe Sn::IW Drive
to tr.e PIx:I: CF ~ an:! o:::r.taininq 216.S42.98 square feet or 4.9780 acres
of land.
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DHIBlT B
Ð:R PAOCEL n
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~ a tract of lan:f out of the WiJ.liaar. L. Mann Survey, Abstract No. 1010,
TaI:rant Comty, Texas, ~ being' part of a tract of land o:avq'eCi to PittmJrqb-
North Ric:hland Kills Joint Venture by F. S. HID;ins, et \DC, AS rec::x:m!ed in
Voluœ 7629, paqe 832, Deed 1Ieaxds, Tarrzlnt County, Texas, and bein;J 8Dre
part:ic:ularly described as follows:
~ at .. point in the tast R:Ø line of ~ Snow Drive (an 80' ¡ai) said
¡:oint S O· 14' 02- E, 180.00 feet fJ:t:m the 1nt:ersection of the projection of the
East R:Ø line of ~e Snow Driw and the South line of Highto.ler Jt)ad (County
Ibad No. 30511;
'IßEN:E: S 89· 49' OS- E" 335.02 feet to .. point for corner;
'11tEN:E:: N O· 14' 02- W, 24.00 !eet to a point for cot:ner'
'1'lŒN:E: S 89· 49' OS- E, 265.00 feet to a point for c:on1er:
~: S O· lo&' 02- E, 730.69 feet to a point for o::n:ner:
~: S S9- 47' 51- W, 600.00 feet to a point far c::omer in the East ID4 line
of ~e Snow Drive:
~: N O· 14' 02- W, 65.00 feet &lcnq the East JOolline of llufe Snow Drive
to a point for o::n:ner;
~: S 89- 49' OS- E, 150.00 feet to a point far =:
'nŒ::x::E:: N 0- 14' or w, 200.00 feet to a point for o::n:ner;
~: N S9- 49' OS- W, 150.00 feet to a point for c:cx:ner in the East ID4
line of llufe Snow Drive;
~: ,N 0- 14' 02- w, 445.71 feet &lcnq the East JOol line of llufe Sncu Drive
to the P!JIa: OF BEGINNI1~ and c::cnt:a:inin:J 401,579.98 square feet ar 9.2190 acres
of land.
ECR PAR:EL n
'lWCl' 2
~ a =act of land out of the Wil1.iam L. Mann Survey, Iobst:ract No. 1010,
'l'arrant Q:lunty, '1'exas, and ~ part of a tract of land c:cnveyed to Pitt.sbJr9h-
Nxth Ric:hland Hills Joint Venture by F. S. Jb:S.;Ú\S, et \DC, as œcorded in
Vo1uœ 7629, Page 832, Deed Aeoords, 'rðJ:rant County, Texas, and bein;J acre
particularly &=:rlbed as follows:
mx:;INN1N:ö at a poin~ in the Enst ¡a., line of ~~. S(i::JW Dri'\.'e (an 80' ¡ail sa.id
point bein;J S .0· 14' 02- E, 180.00 feet f~ the ~~ of the project.ial.
of the East ID4 l1ne of lUte Snow Orive and the SÓUth li1ae Òf Hight:cWl!::' Ibad
(Q:lunty lOad No. 3051), Aid intcr::ec:ti.c:\ beinq lcci1tod S O· 16' 14- W, 2fi.87 feet
£nd S 89- 4:' 46- E, 47.0S feet frail the No1::'tboIe5t c:oz:ne.r of said Will1~ L. H:snn
SUrvey;
"IHÐ>CE: S 89- 49' 08- E, 150.00 feet to 4 point for corner:
'l'HÐx:!:: N 0- 14' 02- W, 180.00 feet to a point for corner in the ~th 1ine
of Hiqhto.:er !bad;
"IHC'x:£: N 89- 49' 08- W, 136. is !~ alone; the South line of llc"qhto.Ier ~
to .. pc.int for c:ut-off:
~~: S 49- 46' 08-~. 17.2<3 feet to ;J, point for corner in the East 101
1ine of ~e Snow Drive:
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~ S O· 14' 02- E. 16B,74 feet alaIq tt-.e &1st ~ 1ir.e of ~e 5noJ Dri""e
to tt-.e pt;,CZ OF BfX:õ!:=m~ and o:::1t:..unin; 26.920.80 square feet or 0.6180 acres
of land.
Ð:R PAR:EL U
'1W..c1' J
&:IN:; a ttaCt of land out of the will.Lilm L. Hann SUrvey, AbstraCt No. 1010.
Tarrimt County, Texas. and being p:n1: of a aact of land c:c.nveye:i to Pittsburgh-
North Ri.c:hlmd Hills Joint Venture: by F. s. 1b:3qins. et \DC. as rec:crœd in
VoluDe 7629, Paqe 832. Deed Aeo:xds. Ta!:rant County. Texas. and being aaxe
~th..ly ðesc:riJ:Jed as fo1lcws:
mx::n~ at .. point in the East fa. line of ~e Snc:::w Drive (an 90' fa.' said
point beinq S O· 14' 02- E. 862. n feet fxau the interseeticn of the projecticn
of the Ea.«:t ~ line of Pufe Snow Drive and the South line of Hiqht:cWer ~
(County a:ød No. 3051), said int:crsec:ticn bein; located S O· 16' 14- w. 26.87 feet
and S 89· 43' 46- E. 47.08 feet frtXII the ~ cxn:ne:r of said willil:m L. Mann
Survey:
'nŒ2CE: S 89· 49' OS- E. 150,00 feet to a point for corner:
'J1!Ðt:1:: S O· 14' or E. 200.00 feet to a point for corr.er:
'l1!EN:E: H 89· 49' OS- W, 150.00 feet to a point for corner in the East ~ U:¡e
of ~e Snow Drive:
'J1{fN:E: H O· 14' or w, 200.00 feet &l.onq the East pao¡ line of ~e 5noJ Dri'\'e
to the PUoCE OF ~ and c::x:nt:ainin:J 29,999.21 square feet or 0.6887 acres
of land,
Ð:R PNC!:L n
'1W..c1' 4
&;IN:; a tract of land out of the Wil.lillm L. Hann sw:vey, J\bs1:ract No, 1010,
T'Unnt County, Texas, and being part of a tract of land ccmreyed to Pit;tS!:w:'c;h-
North RiCù.and Hills Joint VentUre by F, s. Bu3:;ins, et \DC, as ~ in
VOlure 7629. Page S32, Deed ~, TaI:rant County, Te."t!I.S, and being I!Crt:
particularly described &5 follo.rs:
~ at .. point in the East ~ line of Ru!e Snow Drive (an 8!J' R:W)
said point being S O· 14' or w, 1127.71 feet !rem the intersee:tion of tM
projecticn of the East line of ~e Snow Drive and the South Lir.e of Riqht;e.ær
Jœd (County a:ød No. 3051). said intersection being lccated s o· 16' 14- w,
26.87 feet and S 89· 43' 46- E, 47.0S feet !rem the Northwest o;,rner of s;ùd
Wi.l.l.LIIIu L. Mann SUrvey:
'I1!ÐCE: N 89· 47' 51- E, 294.40 feet to the TRUE PUoCE Œ m:x:;Jk~:
~: N 89· 47' 51- E. 305.60 feet to a point fer corner:
.
'nØx:E: S o· 14' or E. 200,00 feet to .. point f6r ,!=Orner; .
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1BENCE: S 89· 47' 51- W. 305.60 feet to a point for corner;
'tHë:N:E: N o· 14' 02- w, 200.00 feet t:c the 'rnUE PLIIC1: Œ ~"U::; and (X nt:ninin;
61,119.99 square feet or 1.4031 ACrC$ of land.
Ð:R PNCEL n
"1WCl' 5
~ a tract of land out of t.'1e willi.- L. H:Jnn survey. ì\bstr;Jet ~:O. 1010.
~t CaJnty, TexAs. and t:cln; part of .. tr.xt of land c:omn=yei to PitabW;h-
North Il1.chland ltills .Joint Ventuœ by F. s. ttudqins. et \DC. - rec:orœ<i in
Vo1\C1e 7629. t'~ 832. Deed Aecords. Tõu'r.:lnt County. Texas, and bclnJ acre
parcic:.'lJ1r1y described as f011o-'s:
..~_ ;-9·13 nCfU71
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