HomeMy WebLinkAboutContract 46297 his doculYl 11 Was -
recorded— I as
Document No. �!. e CITY SEC
Official Records of RETAIL `�
County, U CONTRACT NO. "l
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ASSIGNMENT OF ACCESS EASEMENT
Tarrant County Real Property Records D213205515
THIS ASSIGNMENT OF ACCESS EASEMENT ("Assignment") is made and
entered into effective as of the 31" day of December, 2014, by and between the CITY OF
FORT WORTH, a Texas home-rule municipal corporation ("City"), FORT WORTH
HOSPITAL REAL ESTATE, LP, a Texas limited partnership, as successor in interest to Fort
Worth Surgicare Partners, LTD., a Texas limited partnership ("Assignor"), and HCII-1800
PARK PLACE AVENUE, LLC, a Delaware limited liability company ("Assignee").
(Sometimes City, Assignor and Assignee are referred to individually as a "Party" and
collectively as the "Parties").
WITNESSETH:
WHEREAS, the City entered into an Access Easement, dated July 18, 2013, (the
"Access Easement") with Assignor, the owner of certain real property located adjacent to or
near the property of the City over which the City has granted an easement to Assignor (such
easement as described in the Access Easement, including the legal description of the same
included on Exhibit A thereof, herein and therein, the "Easement").;
WHEREAS, the Access Easement, filed and recorded as Instrument No. D213205515 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 has sold the Property to Assignee on December 31, 2014 as
evidenced by a deed recorded as Instrument No. D �J S O O V173 in the Real Property
Records of Tarrant County, Texas; and
WHEREAS, Assignor desires to assign the Access Easement to Assignee.
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 is hereby acknowledged, the Parties hereby
agree as follows:
1. Assignor hereby assigns, transfers and conveys all rights and interests and
delegates it duties and obligations under the Access Easement to Assignee ("Assignment").
N
ECORDETARYH,TX
2. Assignee hereby accepts the Assignment granted herein, and assumes all of
Assignor"s rights, duties and obligations arising under the Access Easement.
3. 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 snake the
representations set forth herein,and to carry out Assignee's obligations hereunder.
4. The effective date of this Assignment shall be the later of December 31, 2014 or
the date of its execution by the City (the "Effective Date"). All rights, duties and obligations
under the Access Easement arising, accruing or relating to the period before the Effective Date
are allocated to Assignor and all rights, duties and obligations arising, accruing or relating to the
period thereafter shall be allocated to Assignee.
5. Except as otherwise expressly set forth in this Assignment, Assignor will be
discharged from any and all further obligations under the Access Easement as of the Effective
Date.
6. 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 Access
Easement.
7. City hereby consents to this Assigrunent 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 further assignment. The failure or
delay of City in seeking to enforce any provision of the Access Easement or this 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.
8. 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.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
I
city
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX 76102
Attention: Director
Assignor
Fort Worth Hospital Real Estate,LP
c/o United Surgical Partners International, Inc.
15305 Dallas Parkway, Suite 1600
Addison, Texas 75001
Attention: General Counsel
Assignee
HCII- 1800 Park Place Partners, LLC
4890 West Kennedy Boulevard, Suite 650
Tampa, Florida 33607
Attention: Lisa Collado
9. 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.
10. Assignee shall cause this Assignment to be filed of record at Assignee's expense
in the Real Property Records for Tarrant County, Texas.
11, All terms and conditions of the Access Easement 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 Access
Easement.
12, 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]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ASSIGNOR:
FORT WORTH HOSPITAL REAL ESTATE, LP,
a Texas limited partnership
By: USP Fort Worth Hospital Real Estate, Inc.,
a Texas corporation, its general partner
P.
By: ,0�
Name: W. Bradley Bickham
Title: Vice President
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me by W. Bradley Bickham, as Vice President of USP
Fort Worth Hospital Real Estate, Inc., as general partner of Fort Worth Hospital Real Estate, LP, a Texas
limited partnership, on behalf of said limited partnership, as its general partner.
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Nc-b6 Public, State of Texas
[NOTARIAL SEAL]
} Jenetha D Moran
My Commission Expires
fff^^^lll ' 04117/2016
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
ASSIGNEE:
HCII- 1800 Park Place Avenue, LLC,
a Delaware limited liability company
By: CarterNalidus Operating Partnership II, LP,
A Delaware limited partnership, its sole member
By: Carter Validus Mission Critical REIT II, Inc.,
A Maryland corporation, its general partner
By:
rF
Carter, Chief Executive Officer
STATE §
COUNTY O
This instrument was acknow edged before me by John Carter, as Chief Executive Officer of Carter
Validus Mission Critical REIT II, Inc., A Maryland corporation, as general partner of CarterNalidus
Operating Partnership II, LP, a Delaware limited partnership, as sole member of HCII-1800 Park Place
Avenue, LLC, a Delaware limited liability company, on aIf offYsaid li lity company.
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Public, State of Florida
[NOTARIAL SEAL]
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L RECORDCRETARYRTH, TX
APPROVED AS TO FORM AND CITY OF FORT WORTH
LEG LITY:
Assistant City Attorney Gj2#.J%#c4-4
ATT ST: _ OR Date: /,Z2 9 !4
ASsk:tD City Secretary
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STATE OF TEXAS § Fj(AS
COUNTY OF TARRANT § L �
Ar
StS 'n u w knowledged before me on P. /YJ,l41- 029, , 20 by���
of the City of Fort Worth, a
Texas municipal corporation on behalf of the City of Fort Worth.
elv-�
r
otary Public, State of Texas
[NOTARIAL SEAL]
EVONIA DANIELS
Notary Public,state of Texas
My Commission Expires
July 10, 2017
1111111
OMC{AL RECORD
CITY SECRETARY
FT.WORTH,TX
Exhibit A
Access Easement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 4
Electronically Recor d Tarrant County Texas
Oficial Public RecorctORT WORT811m 1:54 PM D213206616
4 T 1LWeoi mpan
Mary Louise Garcia Submitter: SIMPLIFILE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE. OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN
THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE.NUMBER.
STATE OFTEXAS §
COUNTY OF TARRANT §
ACCESS EASEMENT
DATE:JULYt_,2013
GRANTOR: CITY OF FORT WORTH
GRANTOR MAILING ADDRESS:
1000 THROCKMORTON STREET
FORT WORTH,TARIRANT COUNTY,T'E'XAS 761U2
GRANTEE:FORT WORTH SURGICARE PARTNERS
GRANTEE'S MAILING ADDRESS:
FORT'WORTH SURGICARE PARTNERS LTD
15305 DALLAS PKWY STR 1600
ADDISON TX 75001-6491
CONSIDERATION:hour lliatmmd Two Hundred Dollars($4,200.00)and other good and
valuable consideration,the receipt and sufficiency of which is hereby acknowledged.
PROPERTY:A PORTION OF ES HARRIS SURVEY,A 688,TRACT I8AI,AS MORE
FULLY DESCRIBED AND SI[OWN ON EXHIBIT A HERETO("Property")
GRANT AND PURPOSE OF EASEMENT: Grantor, for the Consideration paid to Grantor,
hereby grants,sells and conveys to Grantee,its successors and assigns,an exclusive easement for
the construction, operation, maintenance, replacement of concrete paving, and access for
pedestrians and ambulances and other vehicles("Easement")upon,under and across that portion
of the Property more fully described in F,xhihit"A"attached hereto and incorporated herein for
Al—S Ee3Nntld 1
FO Werth Pd—.Lid
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Title Data, Inc. FA TDI33332 TA 2013205515.001
3
Page 2 of 4
i
all pertinent purposes. This grant and conveyance is made subject to all matters of record
affecting the Property as of the Date listed above.
ASSIGNMENT:Grantee shall not convey,transfer,pledge,encumber or assign this Access
Easement or any of its rights thereunder without the prior written consent of Grantor,except to
an affiliate of subsidiary or successor in interest of Gnintee.
REPAIRS AND MAINTENANCE:Grantee shall be responsible for all maintenance and
repairs of all improvements located on the Casement.
TERMINATION OF EASEMENT: This Fasement shall automatically terminate upon
incorporation of the Property into a publicly dedicated road or street right of wary.
When the context requires,singular nouns and pronouns include the plural.
GRANTEE:
Fort Worth Surgicare Partners Ltd.
B
t':
Nan
Till
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE-ME,the undersigned authority,on this day personally appeared JD -
known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same ars the act and deed of Fort Worth Surgicare
Painters Ltd,,aI PXals Grnik.(g.!.ihrsl.l,,for the purposes mid consideration therein expressed.
GIVEN[RIDER MY HAND AND SEAL OF OFFr this a Jul 2 13.
JANCE SMITH N tart'P btic in for a to o exas
tat,Caaand VIOM EK01nr
S1ptemtav 15,2015
A—Eeaemenl 2
Fort Worth S)Vrorc a 7aMers Lx1,
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Title Data, Inc. EA TDI33332 TA 2013205515.002
f
i
Page 3 of 4
F
GRAN'T'OR:
City of Fort Worth
By:
Fernando Costa,Assistant City Manager
APPROVED A§S TO FORM AND LEGALITY:
Assistant City Attorney
ACKNOWLEDGEMENT
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 Fernando Costa, Assistant City Manager of the City of For
Worth, known to me to be the seine 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 City of Fort Worth for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this 11 day of July,2013.
aNmwy Public in and for the Statc of Texas
,'"t,^tN EVONIA DANIM
!F' 4x Motary Public,Stale of Texos
My commission Expbee
of July 10,2017
Acoess Ease.-,! 3
Fort Wdrth Sutgx:ere PaMmIG Ltd.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Title Data, Inc. FA TDI33332 TA 2013205515.003
Page 4 of 4
EXHIBIT "A"
BEING a 64.20 foot wide access easement out of the E.S.Harris Survey Abstract No 688,Fort Worth,Tarrant
County,Texas,being a part of the 50 foot wide former Fart Worth&Western Railroad right-of-way,as
described in the Deed to City of Fort Worth filed for record under Clerk's File No.0205032570,Deed Records
of Tarrant County,Texas,and said easement being tied to the Texas Coordinate System,North Central Zone,
NAD83,bearings are grid,distances are hor¢onlal ground measurements,and being more particularly
described as follows:
BEGINNING at a found capped iron pin for the southeast corner of the said access easement,and also being
the southwest corner of Lot 3 Block C-2 Enderly Park Addition according to plat recorded in Volume 654,Page
526 of the Deed Records of Tarrant County,Texas;
THENCE 869°01'43"W,50.00 feel,to a point in the easterly line of the Melric Addition according to plat
recorded in Volume 388-50 Page 81,Deed Records of Tarrant County,Texas;
THENCE N 20'58'17"W,64.20 feet along the easterly line of the said Metric Addition and to a point;
THENCE N 69°01'43"E,50.00 feet to a Set 518"brazed iron pin,being the northwest comer of Lot 3 Stock C-2
of the said Enderly Park Addition;
THENCE S 20"58'17"E,64.20 feet to the place of beginning and containing 3,210 square feet of land.
NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
(1&02188.PF 0!1102188131) -
RAT'nWN TITLE COMPANY.FORT WORTH,TEXAS
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Title Data, Inc. FA TDI33332 TA 2013205515.004
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EXHIBIT B
BOUNDARY DESCRIPTION FOR
MAINTENANCE AGREEMENT EASEMENT
FOR DRAINAGE FACILITIES
OVER AND ADJACENT TO
TRACT TO BE KNOWN AS LOT 1 BLOCK 1
BAYLOR SURGICAL HOSPITAL ADDITION
E S HARRIS SURVEY ABSTRACT NO 688
FORT WORTH TA NT COUNTY TEXAS
BEING an easement over and ad-iacent to a tract to be known as Lot I Block I
Ba-vlor Surgical Hospital Additilcin being Lot I Block I Melric Addition according
to plat recorded in Vol-Lime 388-50 Page 8 1 of the Plat Records of Tarrant
Count- (PRTC) and out of a part of a ,50ft wide tract described in the Deed to
the Cite of Fort Worth recorded in D205032570 of the Deed Records of Tarrant
County Texas {DRTC) and a portion of Lot 1 Block 2, All Saints Episcopal
Hospital Addition according to plat recorded in Cabinet A Slide 1411 PRTC'
said tract being tied to the Texas Coordinate Systern, North Central Zone,
NAD83, using RTK surveviric methods, bearings arei
gr d, distances are
horizontal ground measurements, said tract being more particularly described
as follows:
BEGINNING at ,-511/8inch brazed iron pin, being N32'0 7'57"W 32.79ft from a
5/flinch bra ed iron pin being the south comer of the tract to be known as the
said Lot 1, Block I Baylor Surgical Hospital Addition, said point being in the
west line of the said Cin- of Fort 'W. 'orth ,501ft wide tract-,
THENCE N58`3443"E, 5 1 .09ft to a point in the east line of the said City of Fort.
Worth 50ft wide tract, said point being non tangent to a cun,-e from ,,vh1ch the
center bears N,58'34'43"E, 1 735,00ft.;
THENCE northwesterly with said curve through a central angle and the east
line of the said City of Fort Worth 50ft wide tract, of 10"20-59" for a distance of
316.44ft.:
THENCE N20-'58'1 7-W continuing with the said east line of the Cite of Fort
Worth 50ft wide tract, 599.S,5ft,:
THENCE S69"01'43'W, at 50ft crossing the east line of the said tract to be
known as Lot 1 Block I Baylor Surgical Hospital Addition, in all 58.35ft the,
east line of the said Lot I Block 2, All Saints Episcopal Hospital Addition-,
THENCE S78°36143"E, 8.00ft;
THENCE N89"54'48*W, 43.56ft;
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
EXHIBIT B
THENCE S89"17'29-_-_W, 303.09ft;
THENCE N36-'16'17"W, 46.65ft;
THENCE 570"14'11"W'. 28.20ft to a point in the west line of All Saints
Episcopal Hospital Addition and bring non-tangent to a curve from which the
center bears N70'14'1 i"E 1.382.70ft-1
THENCE in a southeasterly direction with said curve through a central angle of
2',58',56" for a distance of 66.07ft to southwest corner of the said Lot I Block 2.
All Saints Episcopal Hospital Addition and tbeing the northwest corner of said
tract to be known as Lotl Block! Buylor Surgical Hospital Addition,;
THENCE S20'334'1 7"E, 2.1 Oft with the %vest line of the said tract to be knovn
as Lotl Blockl Baylor Surgical Hospital Addition-,
Z)
THENCE S23"30'I7"E, 21.34ft
THENCE N88"47"25-E, 154.72ft
THENCE N8801244"E, at 222.34ft to a point in east line of the said tract to be
known as Lot, I Block I Baylor Surgical Hospital Addition and the '.vest line of
the said Cin- of Fort Worth 50ft wide tract,,
THENCE with the following courses and distances along the said common line
S20'58'17-E, 504,07fL; S20-10'45"E,25,68ft,; S22°43'13"E, 50.00ft_
S24`05'15-E, 50.00ft; S25'40'22"E, 50.00ft.: S27'24"20-"E, 50.00ft.;
S2837'20'"E, 50.00ft.; and S30y30'20"E, 50Mft to the place of beginning and
containing 67,052 square feet of land.
J. B. Davies, Inc.
October 31, 2013
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
KUTAK ROCK LLP ATLANTA
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TAMERON C. BISHOP RICHMOND
tameron.bishop@kutakrock.com March 31, 2015 SCOTTS DALE
(479)973-4200 WASHINGTON
WICHITA
VIA FEDEX
Vicki Smith Ganske
City Attorney's Office
City of Fort Wroth
1000 Throckmorton Street
Fort Worth, TX 76102
Re: Assignment of Access Easement D213205515
Fully Executed and Recorded Copy
Dear Ms. Ganske:
Enclosed for the file of the City of Fort Worth is the Assignment of Access Easement
regarding Tarrant County Real Property Records D213205515 approved and executed by the
City on December 31, 2014. The enclosed copy has been executed by all parties and filed of
record with Tarrant County as D215004272.
Thank you, again, for your assistance in getting this document approved and executed by
the City in connection with our closing.
Sincerely,
M Tameron C. Bishop
M TCB/bjw
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Enclosure
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CA OFFICIAL RECORD
CITY SECRE'�ARY
4824-4732-0098.1