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HomeMy Public PortalAboutResolution No. 046-94 12-13-1994 RESOLUTION NO. 4 6 - 9 4 WHEREAS, EMMET and NOVALENE WEST did on Ma 22 1981 execute a Y ~ , COVENANT in favor of the City of Richland Hills, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, in said COVENANT the said EMMET and NOVALENE WEST did agree to pay certain installation and construction costs for certain streets bordering their property; and WHEREAS, the said EMMET and NOVALENE WEST have paid or shared in the payment of certain costs for installation and construction of certain streets bordering their property; and WHEREAS, the City Council of the City of Richland Hills, Texas, finds and determines that by virtue of such payments EMMET and NOVALENE WEST have fully performed and satisfied the above-referenced COVENANT in favor of the City of Richland Hills, and that their obligations under such COVENANT should be formally released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: That the City Council hereby declares that EMMET WEST, and spouse, NOVALENE WEST, have fully performed and satisfied that certain COVENANT in favor of the City of Richland Hills, Texas, signed by them on May 22, 1981, a copy • of which COVENANT being attached hereto as Exhibit "A"; and BE IT FURTHER RESOLVED that the Mayor of the City of Richland Hills, Texas, is hereby authorized to execute a release of said COVENANT in such form as to allow recording in the real property records of Tarrant County, Texas. PASSED AND APPROVED by the City Council of the City of Richland Hills, Texas, by a vote of 5 ayes, ~ nays and ~ abstentions this 13thday of December , 1994. C. F. Kelley, Mayor ATTEST: i Ci Secr tary mlib642/bh/120694 RELEASE OF COVENANT • STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS TARRANT COUNTY WHEREAS, EMMET WEST and spouse, NOVALENE WEST, did on May 22, 1981, execute that one certain COVENANT in favor of the City of Richland Hills, Texas, which COVENANT constituted an encumbrance upon property owned by the said EMMET WEST and spouse, NOVALENE WEST, to wit: Lot 12, Block 2, Richland Hills South Addition to the City of Richland Hills, Tarrant County, Texas; and WHEREAS, the City of Richland Hills, Texas, has found and declared that EMMET WEST and spouse, NOVALENE WEST, have fully performed and satisfied all of their obligations under said COVENANT and has directed that said COVENANT against said property be released. NOW, THEREFORE, the City of Richland Hills, Texas, acting by and through its undersigned Mayor, does hereby fully and finally release EMMET WEST and spouse, NOVALENE WEST, and their property known as Lot 12, Block 2, Richland Hills South Addition to the City of Richland Hills, Tarrant County, Texas, from any and all obligations imposed under the COVENANT signed by them on the 22nd day of May, 1981. Signed this ~-day of December, 1994. • The City of Richland Hills, Texas By: C. F. Kelley, Mayor On this day personally appeared C. F. Kelley, known to me to be the Mayor of the City of Richland Hills, Texas, and acknowledged to me on this ~ day of December, 1994 that he executed the above and foregoing instrument on behalf of the City of Richland Hills, Texas, and for the purpose and consideration therein expressed. i ?.~i"~A'y+?~;•= TERRI WILLIS N ry P blic, STAT OF TEXAS *i MY COMMISSION EXPIRES ~ ~P ~E+'_ May 26, 1997 ~ ~ ~ ~ T~ 643m1ib/bh/120794 ~ ~ ~ ~ . ~ rr, a -s- - , i • } va ~ ! ! i ~3 ;;,w, ~-a Iv STATE OF TEXAS ) ~ ~I COVENA COUNTY OF TARRANT y y' and wife, The undersigned ~G / • for and in consideration ~ Texas reement on the part of the City of Richland HillBlk of the ag on Lot 2~ ' allow t undersi ed tAdditionatooTarrant Count the City of Ric land Hills, Texas without installing ro erd sucroeseherebyt up to City specifications in fronttimesandthe future, the ;:ity or covenant and agree that at anygoaz in front of his house on the any developer constructs ;•lary the cost of installation and above lot, the undersi ned will pay struction is portion sai s reet. This Covenant shall con run with the land and be lndersi nedce and effect against t e heirs and assigns of the u g 1981. Signed this day °f_..~~~~~~----~ Signed : ~ ~ Z~/~,~ S igned : - - • On this day personally appeared and ~ ~ r~~~ and acknowledged to me that they executed the above and foregoing instrument for the purpose and consideration therei~z expaasseof? to certify whic1981ness my hand and seal this '~.d~ Y ~--;y~,.,siV;-..~.- • Notary Public in a d for Tarrant ~x~ a ~ :.•t.~ ~ ~ County, Texas y: , ~ • • My Commission expires :l~~~~p. /y~~1 ;~w rig ~ _~,~r ~~HIB1T..~ 1 D194265776 TERRI WILLIS CITY SECRETARY 3200 DIANA DRIVE CITY OF RICHLAND HIL RICHLAND HILLS, TX 76118 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y I N D E X E D T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N COUNTY CLERK O F F I C I A L R E C E I P T T O: RICHARD OR TERRI WILLIS RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 195060786 DR91 T003957 12/15/94 10:01 • INSTRUMENT FEECD INDEXED TIME 1 D194265776 WD 941215 10:01 CK 4214 T O T A L DOCUMENTS: O1 F E E S: 13.00 8 Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.