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HomeMy WebLinkAboutContract 41834-A1 (2)STATE OF TEXAS § COUNTY OF TARRANT § Grip? 7 SECRETARY COtk3 1CT N, I I L J t y KNOW ALL MEN BY THESE PRESENTS' ASSIGNMENT OF ENCROACHMENT AGREEMENT [City Secretary Contract No. 41834] WHEREAS, on the 16th day of May, 2011, the City of Fort Worth, acting by and through its duly authorized Planning and Development Department Director, herein after referred to as the "City," entered into an Encroachment Agreement (recorded in the Official Records of Tarrant County, Texas as Instrument # D211137578) with U Development Partners, LLC, a Texas limited liability company, acting by and through its duly authorized manager, hereinafter referred to as "U Development," owner of the property located at 3201 S University Drive, Fort Worth, Texas ("Property"), and being more particularly described on Exhibit A attached hereto and made a part hereof: WHEREAS, on or about August 5, 2011, U Development assigned its interest in the Encroachment Agreement to University Drive Apartments, LP, a Texas limited partnership, hereinafter referred to as "University Drive," such assignment being consented to by the City of Fort Worth, and such assignment, with the consent, being recorded as Instrument #D211138212 in the Real Property Records of Tarrant County, Texas. WHEREAS, University Drive, as "Assignor," desires to assign the Agreement to University House Fort Worth, L.L.0 , a Delaware limited liability company, hereinafter referred to as "University House" ("Assignee"). NOW THEREFORE, the City of Fort Worth does hereby consent to the assignment of the Agreement from Assignor to Assignee. As consideration for the Assignment of the Agreement, Assignor assigns and Assignee hereby expressly accepts and assumes all obligations and liabilities of Assignor under the terms of the Agreement and agrees to be bound by all the terms, provisions and covenants therein. [Signatures on Following Pages] • MHDocs 3413801_1 11332.3 rFli i re©r C`r b (c,llIU! ip-r. ukitiiiitti, 117A RECEtVED I01'it t-t- G 20i3 EXECUTED as of �yla. ?A(, 2013. Assignor: University Drive Apartments, LP, a Texas limited partnership By: FtW University Drive Apartments, LLC, a Texas limited liability company, general partner By: Fountain Residential Partners, LLC, a Texas limited liability company, Manager By: Name: Title: IJL (CA' STATE OF TEXAS COUNTY OF DALLAS _+- This instrument was acknowledged before me on _ ru _ J- , 2013, by t,'c5 I , a I, , ( f Pre& deg-}- of Fountain Residential Partners, LLC, a Texas limited liability company, the manager of FtW University Drive Apartments, LLC, a Texas limited liability company, the general partner of University Drive Apartments, LP, a Texas limited partnership, on behalf of said companies and partnership. • Notary Public in and for the State of Texas n.....1s.•....•►.. V", Kacy t.� BeesonCoirxriss'°" ExpintF� 12-07-2016 ..^.......�...,.......�.. • MHDocs 3413801 1 11332.3 STATE OF J_tycj COUNTY OF 1->„1 Ins ASSIGNEE University House Fort Worth, L.L.0 , a Delaware limited liability company By: University Partners, L.L.C., a Delaware limited liability company, its sole member By: Inland American Communities Group, Inc., a Delaware corporation, its sole member By: Name: Title: .:- /` 7 ? tL (0-) • • acknowledged before me on /n1� t �r. .�� ! v i v. by This in trument was the -Pat:, , c of Inland American a Delaware corporation, the sole member of University Partners, Communities Group, Inc., House Forth Worth,a Delaware limited liability company, University L.L.0 , the sole member of L.L.0 , a Delaware limited liability company, on behalf of said corporation and said limited liability companies. Notary Publi in and for the ate of r1a�� r KIMBERLY i< DUNLAP My Commission Expires March 23, 2015 MHDocs 3413801 _1 11332.3 APPROVED AS TO FORM GRANTOR: City of Fort Worth AND LEGALITY: Assistant City Attorney ATTEST: City Secretor STATE OF TEXAS COUNTY OF TARRANT Planning and Development MOO COo 44 acth. 17o , CPCO c..5itipi I \ �Q inriXO #09 BEFORE ME, the undersigned authority, on this day of J1tfLk( �� , 2013, g Y personally appeared <Jk_itit(r-- /d k kkaibwn to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledge to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, for the purposes and consideration therein expressed. ( --) r 4A - . Notary Public in and for the State of Texas IRMA SAENZ Notary Public STATE OF TEXAS My Comm. Exp. Jon. 20, 2016 OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX MHDocs 3413801_1 11332.3 Exhibit A Legal Description Lot 7R, Block 4, P.R. WEATHERFORD'S ADDITION, being a replat of Lots 7-11, Block 4 P R. WEATHERFORD'S ADDITION as recorded in Volume 310, Page 48, Plat Records of Tarrant County, Texas MHDocs 3413801_1 11332.3