HomeMy WebLinkAboutContract 19623 CITY SECRET Y,
CONTRACT N
AMENDMENT AND ASSUMPTION OF COVENANT
AND AGREEMENT REGARDING STORM DRAIN
WHEREAS, Waffle House, Inc . (Waffle House) , a Georgia corpo-
ration, hereby certifies that it is the owner of certain real
property ( "the property" ) located in the City of Fort Worth,
Texas, the property being legally described as Lot 2-B, Block 6-R,
Highland Terrace Addition to the City of Fort Worth, Tarrant
County, Texas, as described in Volume 388-192, Page 62, Deed
Records of Tarrant County, Texas; and
WHEREAS, a public drainage easement traverses the property;
and
WHEREAS, the property is subject to a covenant and agreement
allowing a prior owner to construct a building over an existing
72-inch storm drain located within the drainage easement; and
WHEREAS, the covenant and agreement is recorded in the office
of the City Secretary of Fort Worth, Texas, as C
Contract No. 14768; and
R
WHEREAS, Waffle House has prepared a propojej�,
M
"it f
. 4
... ......
Lot 2-B and in connection with the development of the prop fty
desires to remove the existing encroachment and construct dif-
ferent encroachments over said storm drain and drainage easement;
and
WHEREAS, the new encroachments consist of a sign and paved
parking lot as more particularly shown in Exhibit "A" to this
amendment and assumption agreement; NOW, THEREFORE,
THIS AGREEMENT is made and entered into by and between the
City of Fort Worth, Texas (City) , a home-rule municipal corpora-
tion, and Waffle House, Inc . , a Georgia corporation, said parties
acting herein by and through their duly authorized representatives .
1 .
Waffle House hereby expressly assumes all obligations as
owner of the property that were assumed by South Loop Properties,
the prior owner, under City Secretary Contract No. 14768 .
2 .
That City Secretary Contract No. 14768 shall be and is hereby
amended to incorporate a new Exhibit "A" showing the improvements
to be constructed by Waffle House over and above the existing
storm drain within the drainage easement.
3 .
That the covenant and agreement and related obligations
assumed by Waffle House shall continue to run with the land and be
binding upon Waffle House, its successors and assigns , and con-
tinue in effect so long as any buildings or improveme b 11
-
�eval
Z'j
on, over or within said drainage easement un
remain in, I.
expressly released by proper authority of the City of F Wor Ln
Texas .
EXECUTED this day of
1993.
I
WAFFLE HOUSE, INC .
BY:
JkRh&y R. Stone-
Assistant Vice President
5986 Financial Drive
Norcross, Georgia 30071
Telephone: ( 404) 729-5700
Local Office Address :
4101 Green Oaks Boulevard
P.O. Box 178
Arlington, Texas 76016
-2-
day of
ACCEPTED AND APPROVED this
1993 .
ATTEST: CITY OF FORT 0 TH, E AS
By:
City Secretary Assistant City Manh/ger
APPROVED AS TO FORM AND LEGALITY:
Contract Tu horizatio-n-
Date
Assistant City At Yrney
R4
OFFJOIAL
TA Y
J
-3-
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared Jimmy R.
Stone, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same was
the act of Waf f le House, Inc . , and that he executed the same as
the act of said Waffle House, Inc . , for the purposes and consider-
ation therein expressed and in the capacity therein stated.
of GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
19
SANDRA TIMMES
y lawa
6'c�
Notary Public-inand for
the State of Texas
STATE OF TEXAS
COUNTY OF TARRANT S
BEFORE ME, the undersigned authority, a Notary Public and
fo the State of Texas, on this day personally appeared
known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me
that the same was the act of the City of Fort Worth and that
he/she executed the same as the act of the said City of Fort Worth
for the purposes and consideration therein expressed and in the
capacity therein stated.
G VEN U DER MY HAND SEAL OF OFFICE this day
of
!Av V. Notary Public in and for
It-A I"l, N'OtarY.Pub[k the State of Texas
STATE OF TEXAS
C
Frj.,_Vy2j 19W
A..........
I T Y
RIO`
FE
-4-
�J.t•CCORWYG b 06,GY..x6 4l.]URITRI ,
M lLLW VYR,rifJnON YT TY6 WPROpRYfi it
a� S 59'58'54"E
_
Jvq"' P � sr o.wri G[5wn�'SH •• ;f I �,4 ��S ��" f
THE RIG VICINITY MAP
rn / r 5 ;• RESTAURANT
Ll
(M l� r'M b
1 N
'GALE 1 =SD'
LOT 1
o
11
Co
VN
ul
1 I
nv�
1
.4 TEL �.1 ��j u '� i.
v, i
r
sms Pun/GRADDNG Pun 13 ., s
FOR k
WAFFLE HOUSE, INC
PROPOSED LOT 2-8-R. BLOCK G-R
R./n.•R.PIRt Of LIU A s-R•aa z-c.Bloat c-R
HICNLWA TCAA•cR.•n•Oditiao To TL.Cll7 Of
Pon rorN.Tarraul c.adR7.T—.,.—rdlue To °
Thl PA R.. d"to Volume 7Ra-1Y2.PRA.02. ^„.41 I •y _____
r
Plot R•cora.Tartar Cougll•7sita -
t
50 p(•�w�r.L r+�0 uIXCtYf.+•rp+uw,51 , G Y 1 ..
fp'aCT. NiaDr<M9�Ylw jjL SA eN� � 1ti 1�GJ-V`� � 7 . _
a r,V uG oY rt.JfF.._V_ A'�1 � o�^r• 1 \ I 1
art Ln J�•_�r tt C�
4 nOtY z'RP ar W r
�yGrl � I
pry, r
ARC IrL
Ir if f Y
.,..,.. "��""• i 9Iy �
I
h Vk qp�p
s
,
1 p I � ppp@rr
" rn;w Kill, P p
�
nuteu wT[ _..._..•ruloYa
o•TC
_— }.., u`ProvuJ Rta.na.a /�Tne-LL.RO 1-0AATlgL1
CITY OF FORT WORTH, TEXAS, INTERSTATE 35-W AT ALTA MESA BLVD. SITE PLAN sRwowc PLAN 4.