HomeMy WebLinkAboutContract 43612-CA1EC1 CONTRACT No.-4Q �-
ESTOPPEL CERTIFICATE
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 home rule municipal corporation of Tarrant County, Texas (the "City") to be
effective as of July 8, 2015.
WHEREAS, the City entered into that certain Easement Encroachment License
Agreement (the "Encroachment 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 Property") upon which a
portion of the City's 15' water easement and related drainage facilities are located.
WHEREAS, Mason Heights and ACH Child and Family Services ("ACH") entered into
that certain Contract of Sale, dated effective as of April 8, 2015, whereby Mason Heights agreed
to sell and convey to ACH an approximately 3.338 acre tract out of the Overall Property,
described as Lot 4R2, Block 1, Mason Heights Addition, an addition to the City of Fort Worth,
Tarrant County, Texas (the "Lot 4R2").
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 "Partial Assignment"), whereby Mason Heights has agreed to
assign the Encroachment Agreement to ACH to the extent the Encroachment Agreement relates
to Lot 4R2, but not with respect to any other property covered by the Encroachment Agreement.
WHEREAS, in connection with the sale of the Lot 4R2 and the recording of the 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 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.
OFFICIAL RECORD
ESTOPPEL CERTIFICATE CITY SECRETARY Page I
CSC No. — (description) FT.WORTH, TX
The City executes this Estoppel with the knowledge that it will be relied upon by ACH,
and its successors and assigns, in connection the purchase of the Lot 4R2. This Estoppel shall be
binding upon the City.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
ESTOPPEL CERTIFICATE Page 2
CSC No. — (description)
EXECUTED to be effective as of July 8, 2015.
CITY:
CITY OF FORT WORTH, a home rule
municipal corporation of Tarrant County,
Texas
By:
fOR), Randle Harwoodirect
Planing opment Department°°°°°°�°° n
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ATTEST: �$%" °�$Z Approved to form and legality:
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V City Secretary Assist ity Attorn
[No M&C required]
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the ungned authority, a Notary Public in and for the State of Texas, on this day
rsi
personally appeared h d -R , known to me to be the person whose
name is subscribed to the foregoing instiVinent, 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.
d
GIVEN UNDER MY HAND AND SEAL OF OFFICE this .r day of br
2015.
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IRMA SAENZ
Notary Public
STATE OF TEXAS Notary Public in and for the Stat of Texas
MY Cmmn.Exp.Jan.26.2016
ESTOPPEL CERTIFICATE OFFICIAL RECORD Page 3
CSC No. - (description) CITY SECRETARY Rev. 06.22.2015
FT.WORTH,TX