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HomeMy WebLinkAboutContract 43612-CA1EC2 CITY BECRFn''w� ESTOPPEL CERTIFICATE CONVh".4 - STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THIS ESTOPPEL CERTIFICATE (this "Estoppel") is executed by the CITY OF FORT WORTH, a homrule municipal corporation of Tarrant County, Texas (the "C "), to be effective as of March 7, 2018. WHEREAS, the City entered into that certain Easement Encroachment License Agreement (the "Easement Encroachment License Agreement") with FW Mason Heights, L.P. ("Mason Heights"), the owner of certain real property described as Lots 3 &4, Block 1 of Mason Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas ("Overall PropertX") upon which a portion of the City's 15' water easement and related drainage facilities are located. WHEREAS, Mason Heights subdivided portions of the Overall Property, including an approximately 3.993 acre tract described as Lot 4R1, Block 1, Mason Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas ("Lot 4R1"), according to the plat thereof recorded in County Clerk's File No. D215125841, Real Property Records, Tarrant County, Texas (the "Plat"), and an approximately 3.338 acre tract described as Lot 4R2, Block 1, Mason Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas ("Lot 4R2"), according to the Plat. WHEREAS, Mason Heights previously conveyed Lot 4R2 to ACH Child and Family Services ("ACH") by Special Warranty Deed dated effective July 8, 2015, recorded in County Clerk's File No. D215147905, Real Property Records, Tarrant County, Texas, and in connection therewith, Mason Heights, ACH, and the City executed that certain Partial Assignment and Consent of Encroachment Agreement dated July 8, 2015, and recorded in County Clerk's File No. D215147906, Real Property Records, Tarrant County, Texas concerning Lot 4R2 ("Lot 4R2 Partial Assignment," which together with the Easement Encroachment License Agreement shall hereinafter be referred to collectively as the"Encroachment Agreement"). WHEREAS, Mason Heights and ACH entered into that certain Contract of Sale dated effective as of October 26, 2017, whereby Mason Heights agreed to sell and convey to ACH Lot 4R 1. WHEREAS, contemporaneously with the execution of this Estoppel, ACH, Mason Heights, and the City will execute and acknowledge a Partial Assignment and Consent of Encroachment Agreement (the "Lot 4R1 Partial Assi ent"), whereby Mason Heights has agreed to assign the Encroachment Agreement to ACH to the extent the Encroachment eement relates to Lot 4R1, but not with respect to any other property covered by the AM ent Agreement. or ? EREAS, in connection with the sale of the Lot 4R1 and the recording of the Lot 4R1 SC No. Cb ERTIFICATE OFFICIAL RECORV Page 1 — (description) CI SECRETA3Ils 2568673 bYb , T.WORT�i, I IN Li ` Partial Assignment, ACH requires that the City certify certain facts as provided herein. NOW THEREFORE, the City hereby certifies the following: (1) The Encroachment Agreement has not been amended or modified and is in full force and effect as originally executed, except with regard to the Lot 4R1 Partial Assignment, as expressly disclosed herein. Mason Heights is not in default in any respect under the Encroachment Agreement and has complied in all respects with its obligations under the Encroachment Agreement. (2) Mason Heights has obtained all approvals required under the Encroachment Agreement and has complied with all construction, maintenance, and operation requirements under the Encroachment Agreement. (3) The City does not have any offsets, defenses, or claims or counterclaims against Mason Heights under the Encroachment Agreement. The City executes this Estoppel with the knowledge that it will be relied upon by ACH, and its successors and assigns, in connection with the purchase of the Lot 4RL This Estoppel shall be binding upon the City. [SIGNATURES APPEAR ON FOLLOWING PAGES] ESTOPPEL CERTIFICATE Page 2 CSC No. — (description) 2568673 EXECUTED to be effective as of the date set forth above. CITY: CITY OF FORT WORTH, a home rule municipal corporation of Tarrant County, Texas By: and e Har oo Director Planning and Development Department ATI EST. - Approved as to form and legality: !.>.,,r74 ity Secretar Assistant Ci Attorney [No M&C required, * " 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 j�ZW r 4K M _ __ , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL ICE this day of "QW 2018. Fa) .```aro"". JENNIFER LOUISE EZERNACK Notary Public, State of Texas Notar ubli i and for th tate of Texas 9r +� Comm. Expires 03-01-2020 1101 Notary ID 130561630 ESTOPPEL CERTIFICATE OFFICIAL RECORD Page 3 CSC No. — (description) CITY SECRETARY 2568673 FT.WORTH,'TX Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perform4nce and reporting requirements. ' —411� '��- r&,� Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT.W01?17H,TX Page 1 of 19 D215147906 7181201512:19 PM PGS 19988.00 Submitter:SIMPLIFfilly SECRE AW . _ Electronically Recorded by Tarrant Coun Fk in Official Public Records �-t^� • �O as u.r. Mary Louise Garcia PARTIAL ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. THIS PARTIAL ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT ("Assignment') is made and entered into as of this day of t , 2015,by and among the CITY OF FORT WORTH, a Texas home-rule municipal corporatio (the"!Qt),FW MASON HEIGHTS L.P.,a Texas limited partnership("Assignor"),and ACH CHILD AND FAMILY SERVICES,a Texas non-profit corporation("Assignee"). (Sometimes City, Assignor and Assignee are referred to individually as a "Lm-v ' and collectively as the "Parties'). WITNESSETH: WHEREAS, the City entered into that certain Easement Encroachment License Agreement,City Secretary Contract No.43612(the"Encroachment AgreemenC'�with Assignor, the owner of certain real property described as Lots 3 &.4, Block 1 of Mason Heights Addition, an addition to the City of Fort Worth,Tarrant County,Texas("Overall Provertv") upon which a portion of the City's 15' water easement and drainage facilities are located; WHEREAS, the Encroachment Agreement, dated September 24, 2012, and recorded as Instrument No. D212240248 in the Real Property Records of Tarrant County,Texas,is attached hereto as Exhibit"A"and incorporated herein by reference as if set forth in full; WHEREAS, Assignor subdivided portions of the Overall Property, including an approximately 3.338 acre tract described as Lot 4R2, Block 1, Mason Heights Addition, an addition to the City of Fort Worth, Tarrant County, Texas (the "Lot 4R211) pursuant to that certain Final Plat recorded under Instrument No. D215125841 in the Real Property Records of Tarrant County, Texas, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference; WHEREAS, contemporaneously with the recording of this Assignment, Assignor is conveying Lot 4R2 to Assignee, as will be evidenced by a deed recorded in the Real Property Records of Tarrant County,Texas;and WHEREAS, in connection with the conveyance, Assignor desires to assign to Assignee all of Assignor's right,title,and interest in and to the Encroachment Agreement to the extent the Encroachment Agreement covers Lot 4R2,but not with respect to any other property covered by the Encroachment Agreement. AGREEMENT: NOW,THEREFORE, for and in consideration of the above and foregoing premises and the mutual covenants, terms, and conditions herein contained, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows: CSC No. Consent to Partial Assignment Page I of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 1 Of 19 Page 2 of 19 1. Assignor hereby assigns, transfers, and conveys to Assignee all of Assignor's right, title, and interest in and to the Encroachment Agreement to the extent the Encroachment Agreement covers Lot 4R2. 2. Assignee hereby accepts such assignment and assumes and agrees to perform the obligations of Assignor arising under the Encroachment Agreement to extent the Encroachment Agreement covers Lot 4R2 following the Effective Date. 3. Assignor hereby indemnifies and holds harmless Assignee from and against any claim, liability, loss, cost, or expense (including, without limitation, reasonable attorneys' fees) resulting from Assignor's failure to perform any of the obligations of Assignor under the Encroachment Agreement(i)on or before the Effective Date, and(ii)pertaining to any property covered by the Encroachment Agreement other than Lot 4R2 after the Effective Date. Assignee hereby indemnifies and holds harmless Assignor from and against any claim,liability, loss,cost, or expense (including, without limitation, reasonable attorneys' fees) resulting from Assignee's failure to perform any of the obligations of Assignee under the Encroachment Agreement pertaining to Lot 4112 after the Effective Date. 4. Assignor has full right, power, and authority to enter into this Assignment, to make the representations set forth herein, and to carry out Assignor's obligations hereunder. Assignee has the full right, power, and authority to enter into this Assignment, to make the representations set forth herein,and to carry out Assignee's obligations hereunder. 5. The effective date of this Assignment shall be the date of its execution by the City (the "Effective Date"). All rights, duties, and obligations under the Encroachment Agreement arising, accruing, or relating to the period on or before the Effective Date are allocated to Assignor. All rights, duties, and obligations arising, accruing, or relating to the period after the Effective Date(i)pertaining to Lot 4R2 shall be allocated to Assignee,and(ii)pertaining to any property covered by the Encroachment Agreement other than Lot 4R2, shall be allocated to Assignor. For the avoidance of doubt,Assignor shall be responsible for the removal of any City Iien imposed on Lot 4R2 arising out of Assignor's failure to perform under the Encroachment Agreement. 6. Except as otherwise expressly set forth in this Assignment, Assignor will be discharged from any and all further obligations under the Encroachment Agreement as to Lot 4R2. Assignee will have no obligations under the Encroachment Agreement except to the extent the Encroachment Agreement covers Lot 4R2. 7. Assignor represents, warrants, and covenants with City and Assignee that as of the Effective Date, Assignor is not in default of any of its obligations contained in the Encroachment Agreement. 8. City hereby consents to this Assignment upon the terms and conditions set forth herein. Unless and until City has executed this Assignment, it is of no effect. The consent granted herein should not be construed as consent to any finther assignment. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement or this CSC No. Consent to Partial Assignment Page 2 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 2 Of 19 Page 3 of 19 Assignment shall not be deemed a waiver of rights or remedies that City may have or a waiver of any subsequent breach of the terms and provisions therein or herein contained. 9. Any notice given by any Party to another Party must be in writing and shall be effective upon receipt when (i) sent by U.S. mail with property postage, certified mail return receipt requested or by a nationally recognized overnight delivery service, and(ii) addressed to the other Party at the address set out below or at such other address as the receiving Party designates by proper notice to the sending Party. CV Planning and Development Department 1000 Throckmorton Street Fort Worth TX 76102 Attention: Director Assignor FW Mason Heights L.P. P.O.Box 77091 Fort Worth„Texas 76177 Attention:Happy Baggett Email:hap@happybaggett.com Assam ACH Child and Family Services 3712 Wichita Street Fort Worth,Texas 76119 Attention: Wayne Carson Facsimile:(817)336-3280 Email:wcarson@achservices.org 10. Except as herein otherwise provided, this Assignment will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 11. Assignor shall cause this Assignment to be filed of record at Assignor's expense in the Real Property Records for Tarrant County,Texas. 12. All terms and conditions of the Encroachment Agreement not amended herein remain unaffected and in full force and effect, are binding on the Parties and are hereby ratified by the Parties. Capitalized terms not defined herein shall have meanings assigned to them in the Encroachment Agreement. 13. This Assignment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document which may be evidenced by one counterpart. [SIGNATURES APPEAR ON FOLLOWING PAGES] CSC No. Consent to Partial Assignment Page 3 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 3 Of 19 Page 4 of 19 ASSIGNOR: ASSIGNEE: FW MASON HEIGHTS L.P., ACH CHILD AND FAMILY SERVICES, a Texas limited partnership a Texas non-profit corporation By: FW Mason Heights Genpar L.L.C., its general partner By: �^' C-�----- Dr.WaynA Carson,Chief Executive Officer By: Happy r1wWr STATE OF TEXAS § COUNTY OF TARRANT § gip This instrument was acknowledged before me on 1Utbofe `t , 2015 by Happy Baggett, as the Manager of FW Mason Heights Genp L.L.C., a Texas limited liability company, as general partner of FW MASON HEIGHTS L.P., a Texas limited partnership, on behalf c-said limited partnership. "i W. E ! t � MyCoam by.MW9b4.m1Notary Public,State of Texas e Wz (NOTARIAL SEAL, STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �� - Z , 2015 by Dr. Wayne Carson, as the Chief Executive Officer of ACH CHILD AND FAMILY SERVICES,a Texas non-profit corporation,on behalf of said non-profit corporation. . Notary Public,State of Texas JUUE'W BROWN July 2017 CSC No. Consent to Partial Assignment Page 4 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 4 Of 19 Page 5 of 19 APPROVED AS TO FORM AND CITY OF FORT WORTH LEGALITY: r Assistan rty A orne� Randle Harwood1pirectIV v,Planning and De logment Department A f`S1T'h:` Date:July 8,2015 Nsi".Jc� City Secretary P.. [No M&C Required] STATE OF TEXAS § TFX COUNTY OF TARRANT § �,, ,� T 'srr��t ac r�owledged before me on 2015 by as there ector o e Planning and Developmecrt D aztme of the CITY OF FORT WORTH,a Texas municipal corporation on behalf of the City of Fort Worth. <L,' �5 a Notary Public,State of Texas [NOTARIAL SEAL] PMA S:Ai EyM�z G Notary pubk p STATE OF TEXAS f{ my ca—EM.Jan.26.2018 i CSC No. Consent to Partial Assignment Page 5 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 5 Of 19 Page 6 of 19 Exhibit"A" Page 1of12 arc W;CRETM t,AK[liAL7 N0. v-ASvMEtIMENCRoACjU=LICENSE AGRFU7K,�,N_ TWS AGRBBMW is made and catard into by and beL r TNt CITY OF FORT WORT$a home rule mm=pd catpor4ion of Tarrant County,Texas("City'}acting by and through its duty amhonzed Chy Manager or duty desi gated Assistant City Mar>Iagar,and FW Mason Hai& .L.L.C.,hereinater referred to as'Lice sen'.owner of the property locamd between Mad"Blvd.and Arwhim Shvet.Fort Word,.Texas 76119 ("Property")- RECt'I'ALS Wlll>WAS,Liccosx is the away of certain teal property desrabed as(legal descvpdon of property Lot 3 do4,Block l of Mason Heights Addition,an addition In the Cay of Fort Wortb,Tarrant County Texas as reanded in 0212MIS35,of the Deed rccotds of Tarrant County C'Proparty"); and WEXREAS,the City has a 15'water easancnt(tbe"FWmann in the property as shown on the map attached to this Agtaeateot as Exhibit"A'and incorpo>ase3 herein; and V#TT tW.Licenses desires to construet/pLece 24 inch and 36 inch storm drain pipes which will eacroacb onto the QWs Eminent as Owwm on the auwbed surrey and owrb to rbc extant shown thaeen;and WHBRF,AS,to accommodate the needs ofthe Licensee,the City will approve allowing the Ener acMme d under ibe terata and eonditons as sex fords is this Ap m==il. NOW,TAF.RF.FOR&the City and Licensee agree as follows. AGREEMRNP t. The City,im consideration of the psynnent by the Licensee of the fee sit out below std covenants and agreements heminatta oontdned, to be kept and pedenned by the Licerow, hereby wants permission to the r itensee to encroach upon and occupy a portion of the CWs Easement as descabed in and at the location shown Exhibit A. Uccmee shall not expand or otherwise cause the F,wcroachnratt to huther lafsivge in or on the City's Easement beyond what is specifically described in the exhibi(s)amachw bereto. t •anRte++ see. ooa_saaae race. oa/aaA0.La re:. 000••oo vag•. worn r.g•. i Or u CSC No. Consent to Partial Assignment Page 6 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 6 Of 19 Page 7 of 19 Paye 2 of 12 All eomtrtution,maintenance and ope adon in connection wilt such Encrostshmatt,use Sod occupancy shall comply and be puformed in strict compliance wab the Charter, Ordinance and Codes of the City and in accordance with the direcdons of the Director of the Nater Departttrent of City, or his duty authorized rep tsentatit. Prior to the constriction of the Eacroachmeac Liemsce shall submit all plans and spedfcations to the Director or his duly authorized repmentative. Licensee shall not commence uonsttuctim of the Enamachrnent until such apprtnal shall be indicated in writing by the Director. flo%"cr,such approval shall not relieve Licensee of responsibility and tiWday for concept,design and eomp<nation m the prepm=on of such plans and specifications. 3.. Licensee agrees that City may enter and utilize the referenced areas at any time for the pwpose of instating, m*dag. replacing or maintaining inaprovements w its public facilities or utilities neer for the health,safety and welfare of tate public for any otbcr public purpose. City shall bear no raponsibiihy or liability for any damage or disnVdoc or other adverse consequences resulting from.of Encroachment installed by Licensee.but Cit}will make reasonable efforts to minimize such damage. Sbould it become necessary to reatove the Encroachment to install,repair,replace or maintain imptorements to City public facilities or utilities in the E=ement,the Licensee shall remove the Encroachment at the Licensee's expense. The City shell fiunish the Licensee with aatice if removal of the Encroachment is deemed noccssww by the Wawr Depamrtent Licensee agrees that upon request of City,and within 30 days from the date of such request,to relocate the FAcroadtmtnt away from the Easemew and to restore the Easement to its original condition all at the sok cost and expense of Licensee. 2 -9/rJr 7Aaraar Oce, 6002&0216 Oct.. 05/26/2012 Vaa, 6606000 Papa.06000 Pap.. 2 Or 12 CSC No. Consent to Partial Assignment Page 7 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 7 Of 19 Page 8 of 19 Page 3 of 12 4. The Licensee further agrees that City shall have the absolute right at its discretion to terminate this license or refuse to allow the Licensee to continue to have the Encroachment aver. under or across the Easement if the Citv determines that the Easement is being substantially damaged by the Encroachment,or that the Fmcroachment otherwise places an undue burden on the operation of the municipal utility�ics)system or in the event the Licensee fails to comply with the provisions of this Agreement. City shall famish Licensee with notice requiring the removal in a time period as is nmsanable under the circumstances. After receipt of such notice, the licensee shall thereafter immediately remove the Encroachment and restore the Easement to the same condition as existed prior to the installation of the Encroachment. In the event the Licensee fails to promptly remove the Encroachment and restore the Easement within the time requind by the notice,the City may remove the Encmachomt and restore the Easement"assess a lien on the Property for the costs expended by the City to remove ttte Encroachment. S. Licxnsm agrees to pay to City at the time this Agreement is executed a fee in the sum of Two 1{uadred Seventy Five Dollars (S215.oul to pay necessary fees to record this Agreermew in its cataety in the deed records of Tarrant County. 6. LICENSEE COVENANTS AND :AGREES TO INDEMMFY. AND DOES HEREBY INDENNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS,SERVANTS,EMPLOYEES AND ELECTED OFFICIALS FROM AND AGAINST ANY AND ALL CLAIDIS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY,INCLUDING DEATH.TO ANY AND AL1. PERSONS, OF WnATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN COKNECTION WITH, THE CONSTRUCTION. NIAINTENANCE,OCCUPANCY, USE.EXISTENCE OR LOCATION OF SAW ENCROACHMENTS AND USES GRANTED HEREUNDER, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS. EMPI.OYRES, CONTRACTORS, SUBCONTRACTORS, LICENSEES,ELECTED OFFICIALS OR INVITEES OF THE CM, AND LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CL.ADIS OR SUITS. LICENSEE SHALL 3 MhRU x noel 404240749 Dara, 09/20/2417 ver:, 4000004 taro, 04004 1%gP, )vl 32 CSC No. Consent to Partial Assignment Page 8 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 8 Of 19 Page 9 of 19 Page 4 of 12 LIKEWISE ASSUME ALL LIiABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL 94AMY OR DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION RTTH THE ENCROACHMENTS AND ANY AND ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGF-NTS, SERVANTS. EMPLOYEES, CONTRACTORS,SUBCONTRACTORS,LICENSEES,OR INVITEES. 7, Licensoc covenants and agrees that it shall operate hereunder as an k dcpcodcnt contractor as to all rights and privileges granted hereunder and not as an officer,agent, savant or employee of City,and Licensee shall have exclusive control of and the exclusivt right to control the details of its operations,and all person$performing samer and shall be sokly regwisible fix the acts and omissions of its officers,agaus,scnants, employees,contractors,subcootractora,licensees and invitees. The doctrine of respondent superior shall not apply as between City and Licorice,its oiriccrs,agents, servants,employees,contractors and subcontractors,and nothing herein shall be construed as creaung a partnership or joist entr qnm bct%=a City and Licensee. 8. L,c ag= azd acknowledges tb:t tins Agreement is solely for the purpose of permining Licensee to construct,maintain and locate the Encroachment over or within the described F.asernem and in not a conveyance of any right,title or interest in or to the Easement. In any action brought by the City for the entorccm nt of the obligations of the licensee. Cicy shall be cmtkd to recover interest and reasonable attorucy's Eons. The parties agree that the duties and obligation conw1wd ponographs 3 and 4 shall survive the termination of thls Agroanent. 4 -.a....T nee. 04074024i Data, WIS/3017 van, 40096Da peso.POPW rra, a et 12 CSC No. Consent to Partial Assignment Page 9 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 9 Of 19 Page 10 of 19 Page 5 of 12 Licensee covenants and agrees that it will we assign all or any of its rigtrts,privileges or dtuies under this contract wWxmd the written approval of City, and any attempted ssmpment without such written apptnval should be void. 17 Any cause of action for breach of this Agreement shall be bmugbt in Tarrant Coutacy, Tc.cas. This Agreement shag be gowxrted by the laws of the State of Texas. 13. This agreement shall be binding upon the parties hereto.their successors and assigm EXECII1Ti7 this of.s%�'�"i amu^ •20 f� City Licensee CityofFort Worth FW Mason!-"hts,L.P. A Tw as Utrited Laity Partrersbip By,FW Mason Heights Genpar,LLC A Texas Limited Uab ft Company Its General Partner /1 n A By. t,l?)'1,�_� a d� S�n. /. $y ,y ar.a LAA4,�f, Naate: ggett f Title. Manam ,eP cij DIRECTOR ?LANNWGdc DEvmopmF„N't� ATTEST: kr proved As To F and LeplM. Cit„, Attorney KO M&C itBQWRED ac•asaaa nocooasw:cs naw.osiasnss: ro10000nao rqs.000ao ars. s of 13 CSC No. Consent to Partial Assignment Page 10 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 10 Of 19 Page 11 of 19 Page 6 of 12 STATE OF TEXAS COUNTY OF TARRANT BEFORE MW,the undersigned V tbt tX,,a r Public in and for the State of Texas.on this day persoeaily appeared to tae to be the peson whose name is sutwAbed to the roregoing insm ntcnt,and acknowledged to me that heishe executed the same for the pwnoses and consideration dwein expressed.as the act std deed of the City of Fort Werth,and in the capacity therein stated. t4�- GrVEN UNDER MY HAND AND SEAL OF OFFICE this_ Q�i , _,day o i' m f W Wft Notary Ptebiic is and for the of Texas ert W P T"oga 6 7A X%= D*C. 000240240 Vasa. 0sR0r241u rows 410w00c 01690.041004 Dap. s Ot 33 CSC No. Consent to Partial Assignment Page 11 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 11 Of 19 Page 12 of 19 Page T of 12 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned mWwrity,a Notary Public in and for the Stalc of Texas,on this day personally appeared 4 kwwn to me to be the person whoso name is subscribed to the foregoing insbument,and wAmawledpd to me that he/she executed the same for dw purposes and consideration therein expressed,as the act and deed of the Grantee,and in the capacity therein stated. GrVEN UNDER MY HAND AND SEAL OF OFFICE this _day a�xw Notary Public in and for the State a Texas aawms� 7 •:► d7 ibex 000760240 Date. 0317!/201: b3. 0600000 DS40.OOD00 f.". 7 OL 12 CSC No. Consent to Partial Assignment Page 12 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 12 Of 19 Page 13 of 19 Page 8 of 12 7H 1 �Bj i Q THANNl9SH l w BUR 'ON I BURT N TA R ANJ F BE RRY f MALVERN, Lj r , P �( //i -`Z EASTLAN) h _ cK � MONTH lit I! 1 BAYLOR fI G`EN "rr �— ' r�, $ � 1 MAPSCO NO. 78/X COUNCIL DISTRICT 8 Winkelmann & Asseekdow, 1wr- ENCROACHMENT AGREEMENT ccmmx a cm 001cm ■wrw*ae EXHIBIT I VICINITY MAP Lew ry....igr.w i. M ,.p arai•rAt eawewv.a.wwra.w. MASON HEIGHTS FORT WORTH. TEXAS a.9.F.x 7�nfg�.�aecnr.rni +one*.a�Ex+oca 'A&tf;u'1 TAAM", W. 000240216 mta. WaIna= Vol. 00040W pap. 06006 Dar. 0 Of U CSC No. Consent to Partial Assignment Page 13 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 13 Of 19 Page 14 of 19 Page 9 of 12 n•xo..•r+.+wrrc..ra..0 evm.....w-�-..�..�++�.-.,y�,s..r»r.- 'S� • �f 1 � h � e,e�> 1•f`:' .4�' :IIS ! :it. .`Pti.,. • �� I Ik 1 baa �� -"��"� P 1� � 1 --' KED'"If 7CR C i.. ; EMCRGSCMMEn` wk "MEl17 EXN131TL_ .� :R!wox T4,'I%,..5 7DG•72AxaR7 Dec. 000.1/6246 Data. Ont,211-1 Yel. 0180100 1"*. "DM C4gN. !Ot 12 CSC No. Consent to Partial Assignment Page 14 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 14 Of 19 Page 15 of 19 Page 10 of 12 ;1+ _• ��'`- . - r,� '`� as sx ._,. 77 T 2 —.tea.'`''�'_�`_ _ _ �'T� , 7 tr•� "+` •�� ^ .i. 'LN•_ �t 'ice,'•,''; 't i -tib" ��,�� ��• �T � _ � .� •� -' i a'•`—=--^� CS/2!C•2AA2A" L44, 00L2iL2t2 Lata, GSI2WZ432 T42, 4004PO4 Par. 00004 Pat*. 20 O1 22• CSC No. Consent to Partial Assignment Page 15 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 15 Of 19 Page 16 of 19 Page 11 of 12 II� (l I� i I� i i oM I!� .._..` l .•-tel?`"=/^' .{ X '�.�"���''H�. _ .�.� A�� 41, / •-. rr� .. Z 771- --ts --------- - - r1 -.r .r � � •l i Aft_A CKLARC?NENT5 F'OR .� _..,F]h:ROACNNCN7 Aatrc.0 ENT EXW&T 2. 1iX IA+.- ..-.+• I rOrt.wd1^'• T71y,5 4 0/21CR 7ARIM l Sbe. 00021071,8 UU. 0!/20(2033 10.. 0000000 Tagfr 00030 P&ES, CSC No. Consent to Partial Assignment Page 16 of 19 Easement Encroachment Agreement *TRC* TARRANT Doc: 000147906 Date: 07/08/2015 Vol: 0000000 Page: 00000 Page: 16 Of 19 Page 17 of 19 Page 12 of 12 MARY LOUISE GARCIA COUNTY CLERK !A ° 140 West WevOwlad Fat War*%TX 76196-0441 PHONE(817)W4-1195 CITY OF FORT VVORTH ATTN MOLLIE LOMAX 1000 THROCKMORTON ST FT WORTH.TX 76102 Submitter CITY OF FORT 1NORT•WOEVELOPMENT& PLANNING DO NOT DESTROY W RNfi - T Q IS PART OF THE OFFICIAL RECORD. Fled For RegiWaiioa: SQS=12 4:26 PM Instrument a: D212240248 E PGS 556.00 D2122402AS ANY PROVISION V*MCH RE8TRICTS THE SALE.RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared W. 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