Loading...
HomeMy WebLinkAboutContract 45634-CE1 CITY SECRETARY 'l CONTRACT NO. 10�'-#" ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT City Secretary Contract No. 45634 THIS ASSIGNMENT OF 4NCROACHMENT AGREEMENT ("Assignment") is made and entered into as of this y of June, 2015, by and between the CITY OF FORT WORTH, a Texas home-rule municipal corporation ("City"), CORRIDOR VILLAGE TEXAS, LLC, a Delaware limited liability company("Assignor"), and PALO ALTO EQUITY ENTERPRISES, LLC, a Texas 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 Encroachment Agreement, City Secretary Contract No. 45634 (the "Encroachment Agreement") with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property") located adjacent to or near the City's easement on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement and are sometimes called therein and herein the "Improvements"; WHEREAS, the Encroachment Agreement, filed on June 6, 2014, and recorded as Instrument No. D2 1 4 1 1 7637 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 June PS,,2015 as evidenced by a deed recorded as Instrument No. D 0 1 3 7.9=7;6n in the Real Property Records of Tarrant County, Texas; and WHEREAS, Assignor desires to assign the Encroachment Agreement 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 m delegates it duties and obligations under the Encroachment Agreement to Assignee. C m CD 2. Assignee hereby accepts the Assignment granted herein, and assumes all of zAssignor's rights, duties and obligations arising under the Encroachment Agreement. N3. 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. } CSC No._45634 Consent to Assignment Page ] of 6 Easement Encroachment Agreement Rev 03/2015 4. 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 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 Encroachment Agreement 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 Encroachment Agreement. 7. 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 further assignment. The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement 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 Par5ty designates by proper notice to the sending Party. City Planning and Development Department 1000 Throckmorton Street Fort Worth TX 76102 Attention: Director Assignor Corridor Village Texas, LLC c/o Corridor Village Manager, LLC 20 Avon Meadow Lane, Suite 120 Avon, CT 06001 Telephone: (860) 470-1200 Facsimile: (860) 470-1222 Email: kguerraz@rockportequity.com Assignee 4221 North Buffalo Street CSC No._45634 Consent to Assignment Page 2 of 6 Easement Encroachment Agreement Rev 03/2015 Orchard Park, NY 14127 Attention: William T. and Michael T. Gacioch Telephone: (716) 662-0860 Facsimile: (716) 667-3977 Email: mgacioch@npmainfo.com 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. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as Exhibit "B" Revised _/2015. 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._45634 Consent to Assignment Page 3 of 6 Easement Encroachment Agreement Rev 03/2015 ASSIGNOR: ASSIGNEE: CORRIDOR VILLAGE TEXAS, LLC PALO ALTO EQUITY ENTERPRISES, a Delaware limited liability company LLC, a Texas limited liability company By: Corridor Village Manager, LLC its manager By: )Z;cName: /��t•�•-a� u .c ' By: Its: ., Name: ?lF 104 Cp +PQiI Z Its: AL4-rIce." QtaR2Et,;n�i�/ui� C 0a rv_a'C..t.& STATE OF T£4i*S § COUNTY OFflaM § '`_ _ This instrument was acknowledged before me by Ke('4 �?U�rr Z , as the NJAWtzed k,!fX-eSer)iA� of Corridor Village Manager, LLC, the manager of Corridor Village Texas, LLC, a Texas limited liability company, on behalf of said company. Notary Public, Sta fT"tir Coil r�a liLm1z [NOTARIAL SEALI STATE OF TEXAS § COUNTY OF TARRANT § r This instrument was acknowledged before me by h1�el1 1 TGe,c 1 n1 as the er of Palo Alto Equity Enterprises, LLC, a Texas limited liability company, on behalf of said company. DEBORAH A.MCGINNIS ��-�r��h Notary Public-State of New York Q � G ' 0�n4'LL No. OIMC5076618 Notary Public, State ofTex � Qualified in Erie Counly 1�4eL,J [NOTARIAL SEAL] F—_X P . 1-E I at 19 CSC No._45634 Consent to Assignment Page 4 of 6 Easement Encroachment Agreement Rev 03/2015 APPROVED AS TO FORM AND CITY OF FO T WORTH LEGALITY: Assistant City Attorney Wandle Ha oo , Director Planning aNd Development Department A T: g� 0 �OO° 0Oly ate: Z� 0 01 &' -Ctty Secretary J $ 0 ', [No M&C Required] ° 000 rL�XAg STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Wr ► , 20 - Randle Harwood, as the Director of the Planning and Developme [Department of the City of For Worth, a Texas municipal c t e Ci of Fo h. rs'"p'v oGe11 CASSANDRA F. FOREMAN Notary Public,state of Texas My Commission Expires April 26, 2017 Notary Public, State of Texas [NOTARIAL SEAL] CSC No,_45634 Consent to Assignment Page 5 of 6 Easement Encroachment Agreement Rev 03/2015 LEGAL DESCRIPTION OF THE PROPERTY CSC No._45634 Consent to Assignment Page 6 of 6 Easement Encroachment Agreement Rev 03/2015 EXHIBIT A _LEGAL DESCRIPTION _ ..- A 12.522 ACRE TRACT OF LAND SITUATED IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 249, SAID 12.522 ACRE TRACT BEING LOT 2R, BLOCK 4, POST OAK VILLAGE, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 388-158, PAGE 06, PLAT RECORDS, TARRANT COUNTY, TEXAS; SAID 12.522 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found on the South Right-of-Way line of Post Oak Blvd. marking the most Westerly corner of this tract, and also being the Northeast corner of Lot 1-B, Block 4, Post Oak Village, according to plat recorded in Volume 388-158, Page 79, Plat Records, Tarrant County, Texas; THENCE Northeasterly along said South Right-of-Way line of Post Oak Blvd. with a curve to the left having the following parameters: Chord Bearing=North 55038'13" East, Chord Distance=115.32 feet, Radius=530.00 feet, Length=115.55 feet to a nail found; THENCE North 49026'30" East 166.53 feet along the South Right-of-Way line of Post Oak Blvd. to a nail found and being the point of a curvature to the right; THENCE along the South Right-of-Way line of Post Oak Blvd. and said curve to the right having the following parameters: Chord Bearing=North 53°17'01" East, Chord Distance=75.14 feet, Radius=564.98 feet, Length=75.19 feet to a 1/2" iron rod found for a corner of said 12.522 acres and being the point of curvature to the left; THENCE along the South Right-of-Way line of Post Oak Blvd. and said curve to the left having the following parameters: Chord Bearinb North 54'16'15" East, Chord Distance=55.45 feet, Radius=564.98 feet, Length=55.47 feet to a 1/2" iron rod found marking the most Northerly comer of this tract; THENCE South 38°13'45" East 64.79 feet to a 1/2" iron rod found; THENCE South 27044'32" East 70.56 feet to a 1/2" iron rod found; THENCE South 25056'40" West 48.35 feet to a 1/2" iron rod found; THENCE South 10028'56" East 61.16 feet to a 1/2" iron rod found; THENCE South 74°33'59" East 27.00 feet to a 1/2" iron rod found; THENCE South 24°20'05" East 32.07 feet to a 1/2" iron rod found; THENCE South 68°33'09" East 50.82 feet to a 1/2" iron rod found; THENCE South 85044'48" East 87.94 feet to a 1/2" iron rod found; THENCE North 44047'23" East 115.09 feet to a 1/2" iron rod found; THENCE South 67018'48" East 116.01 feet to a 1/2" iron rod found; THENCE South 29°55'24" East 150.47 feet to a 1/2" iron rod found; THENCE South 11020' 19" East 109.86 feet to a 1/2" iron rod found; THENCE South 40045'00" East 42.00 feet to a 1/2" iron rod found; THENCE South 88000'00" East 71.00 feet to a 1/2" iron rod found; THENCE North 83°15'01" East 100.31 feet to a 1/2" iron rod found; THENCE North 46015'00" East 56.91 feet to a 1/2" iron rod found; THENCE South 44°35'34" East 300.63 feet along the West line of Lot 2R, Block 2, Post Oak Village East, Volume 388-144, Pages 66-66A, Plat Records, Tarrant County, Texas to a 1/2" iron rod found; THENCE South 15°12'44" East 7.46 feet along said West line of said Lot 2R, Block 2 to a 1/2" iron rod found on the North Right-of-Way line of C.R.I. & G. Railroad marking the Southeast comer of this tract; THENCE along said North Right-of-Way line of C.R.I. & G. Railroad along a curve to the left having the following parameters: Chord Bearing=South 77'31'17" West, Chord Distance=693.57 feet, Radius=11559.30 feet, Length=693 .67 feet to a 1/2" iron rod found for a point of curvature to the left; THENCE along said North Right-of-Way line of C.R.I. & G. Railroad and a curve to the left having the following parameters: Chord Bearing=South 75°03'08 West, Chord Distance=283.52 feet, Radius=133 86.7 7 feet, Length=283.52 feet to a 1/2" iron rod found marking the Southwest corner of this tract; THENCE North 28003'34" West 743.83 feet (Basis of Bearings) along said West line of Lot 1- B, Block 4 to the POINT OF BEGEgNING, and containing 12.522 acres of land. A-2 ft ) 1 Xtli ,r' ! DATE(M A6 os CERTIFICATE OF LIABILITY INSURANCE M/DDIYYYY) 5/DATE(M 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAMEACT Paula Jensen Arthur J. Gallagher Risk Mngmt. Services, Inc. PHONE FAX Two Lincoln Centre _(AIC No F,) MICNot - --- 5420 LBJ Fwy, Suite 400 i=LOaula_jensen@ajg.com Dallas TX 75240 _ INSURERS)AFFORDING COVERAGE NAIC 0 INSURERA:Westchester Fire Insurance Com mlany __0030 INSURED INSURER B:ACE American Insurance Company 122667 Corridor Village Texas, LLC Go Rockport Equity, INSURER C Federal Insurance Company 20281 20 Avon Meadow Lane Auon,CT 06011 INSURER D: INSURER E: — r INSURER F: COVERAGES CERTIFICATE NUMBER: 1953559295 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY 627564458 001 /27/2015 2/27/2016 EACH OCCURRENCE $1,_000,000 OAMA E? R ENT ED CLAIMS-MADE I X OCCUR PREMISES(Ea occurrence). $50,000 MED EXP(Any one person) $5,00 PERSONAL&ADV INJURY _ $1,000,000 _GEN'L AGGREGATE LIMIT APPLIES PERS GENERAL AGGREGATE $2,000,000 POLICY Eo- X LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER. $ BMBINED SINGLE LIMIT AUTOMOBILE LIABILITY PMUH0845890A 27/2015 /27/2016 Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PR__0PERTY DAMAGE $ AUTOS Per accident _ $ C X UMBRELLA LIAR X OCCUR 79878244 /27/2015 /27/2016 EACH OCCURRENCE $10,000,000 EXCESS LIAR L CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ WORKERS COMPENSATION I PER I TH- AND EMPLOYERS'LIABILITY YIN STATUTE FR , ANY PROPRIETOR/PARTNER/EXECUTIVE E L.EACH ACCIDENT $ OFFICERWEMBER EXCLUDED? FI N I A "— — -I — (Mandatory In NH) E L DISEASE-EA EMPLOYEE. $ _ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The general liability policy includes a blanket automatic additional insured provision that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status per CG-2018 (04/13)or CG 2026(04/13). 60 Day Notice of Cancellation except 10 Day for Non Payment of premium. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Planning and Development Department 1000 Throckmorton AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 USA 1"I - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _ LOC#: AC"RL7® ADDITIONAL REMARKS SCHEDULE Pagel of 1 AGENCY NAMED INSURED Arthur J. Gallagher Risk Mngmt. Services, Inc. Corridor Village Texas, LLC c/o Rockport Equity POLICY NUMBER 20 Avon Meadow Lane Auon, CT 06011 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Terrorism is included. Location: 3808 Post Oak Boulevard, Euless,TX 76021 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 10 D215137726 6125/2015 3:59 PM PGS 10 Fee: $52.00 Submitter: CSC ERECOMIUCROM.S Electronically Recorded by Tarrant County Clerk in Official Public Records �� � C C'f.NO. �✓`1'C�� o-i � a+ - Mary ouise arch ASSIGNMENT AND CONSENT OF ENCROACHMENT AGREEMENT -- -- — -- - - - -C ity Secretary Contract-io.-4563-4-- - - - -- -- - - -- THIS ASSIGNMENT OF CROACHMENT AGREEMENT ("Assignment") is made and entered into as of this Cy of June, 2015, by and between the CITY OF FORT WORTH, a 'Texas home-rule municipal corporation ("Cid"), CORRIDOR VILLAGE TEXAS, LLC, a Delaware limited liability company("Assignor''), and PALO ALTO EQUITY ENTERPRISES, LLC, a Texas 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 Encroachment Agreement, City Secretary Contract No. 45634 (the "Encroachment Agreement") with Assignor, the owner of certain real property more particularly described in the attached Legal Description (the "Property") located adjacent to or near the City's easement on which the encroachments are located. The encroachments are more particularly described in the Encroachment Agreement and are sometimes called therein and herein the "Improvements"; WHEREAS, the Encroachment Agreement, filed on June 6, 2014, and recorded as Instrument No. D214117637 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 June a5,72015 as evidenced by a deed recorded as Instniment No. D 2.1 S l3 7.5:-.%-n in the Real Property Records of Tarrant County, Texas; and WHEREAS, Assignor desires to assign the Encroachment Agreement to Assignee. AGREEMENT: NOW,TRF,REFORE, 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: rn 1. Assignor hereby assigns, transfers and conveys all rights and interests and n m delegates it duties and obligations under the Encroachment Agreement to Assignee, m a 2. Assignee hereby accepts the Assignment granted herein, and assumes all of zAssignor's rights, duties and obligations arising under the Encroachment Agreement. 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 make the representations set forth herein, and to carry out Assignee's obligations hereunder. CSC No._45634 Consent to Assignment Page I of 6 Easement Encroachment Agreement Rev 0312015 TFM$DOCLwa m"X11 8JZTF ONIC^LLY AEOpI p STEWART TITLE jS00933Y901 1!� 1 -3 VNm Page 2 of 10 4. The effective date of this Assignment shall be the date of its execution by the City ---- - (the-"Effective Date"). At-l-rights-duties-nd-obligations-under-the-Encroachment-Agreement-—- 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 Encroachment Agreement 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 Encroachment Agreement. 7. 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 further assignment, The failure or delay of City in seeking to enforce any provision of the Encroachment Agreement 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 Par5ty designates by proper notice to the sending Party. city Planning and Development Department 1000 Throckmorton Street Fort Worth TX 76102 Attention: Director Assignor Corridor Village Texas, LLC c/o Corridor Village Manager, LLC 20 Avon Meadow Lane, Suite 120 Avon, CT 06001 Telephone: (860) 470-1200 Facsimile: (860) 470-1222 Email: kguerraz@rockportequity.com Assignee 4221 North Buffalo Street CSC No. 45634 Consent to Assignment Page 2 of 6 Easement Encroachment Agreement Rev 03/2015 Page 3 of 10 4 i. I Orchard Park, NY 14127 Attention: William T. and Michael T. Gacioch - -- -- Telephone:-(716)-6-62=0860--- ---------- - --—-- -- - - -- - Facsimile: (716) 667-3977 Email: mgacioeh@npmainfo.com 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. The Certificate of Insurance for the Assignor attached as Exhibit "B" to the Encroachment Agreement is hereby deleted and replaced with the attached Certificate of Insurance from the Assignee as Exhibit"B" Revised /2015. 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. [SIGNA'TURES APPEAR ON FOLLOWING PAGES] CSC No._45634 Consent to Assignment Page 3 of 6 Easement Encroachment Agreement Rev 03/2015 Page 4 of 10 ASSIGNOR: ASSIGNEE: CORRIDOR VILLAGE TEXAS, LLC PALO ALTO EQUITY ENTERPRISES, a Delaware limited liability company LLC, a Texas limited liability company By: Corridor Village Manager, LLC its manager By: Name: By:__ Its: -er— Name: Ve- W 6iwa f Z Its: AL r- e,, l 44tu�.t�+�ur= STATE OF TE*A-6 § COUNTY OF § " This instrument was acknowledged before me by Ke_i4 &Uertr-g� , as the �l�t`���0 ,21d PapcesentA�"' Sf Corridor Village Manager, LLC, the manager of Corridor Village Texas, LLC, a Texas limited liability company, on behalf of said company. Notary Public, Sta f'Fexa& Cpv1r�� �-ut [NOTARIAL SEAL] STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me by IC T, C,G j ne�,as the t1QQ er' of Palo Alto Equity Enterprises, LLC, a Texas limited liability company, on behalf of said company. DEBORAH A.MCGINNIS Notary Public-State of New York No. DIMC5076618 Notary Public, State of Texae— QualifiedinUeCounty KCW 00(14, [NOTARIAL SEAL] C--'XP, y1--iljn CSC No._45634 Consent to Assignment Page 4 of 6 Easement Encroachment Agreement Rev 03/2015 f Page 5 of 10 , r --APPROVED-AS TO-F0`MAJgD— CITY OFTOr 'I–WORTH-- LEGALITY: I–WORTH-LEGALITY: Assistant City Attorney andle Ha oo , Director Planning a d Development Department A� T: �� �,G� ate: • 5�`C ty Secretary $ [No M&C Required] o STATE OF TEXAS COUNTY OF TARRANT § This instrument was acknowledged before me on �.M ' 206Randle Harwood, as the Director of the Planning and Developme Department of the City of For Worth, a Texas municipal c tu2ryR„� e i of For rth. ��nY evC CASSANDRA E FORHAM Notary Public,State of Texas � f7 My commisslon Expkes April 26, 2017 Notary Public, State of Texas [NOTARIAL SEAL] i CSC No, 45634 Consent to Assignment Page 5 of 6 Easement Errcroachment Agreement Rev 03/2015 Page 6 of 10 LEGAL DESCRIPTION OF THE PROPERTY i CSC No._45634 Consent to Amiginnent Page 6 of 6 Rev 03/201 S Easement Encroachment Agreement Page 7 of 10 EXHIBIT A ____ _LEGALDESCRIP_TJGON_ A 12.522 ACRE TRACT OF LAND SITUATED IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, OUT OF THE JOHN CHILDRESS SURVEY, ABSTRACT NO. 249, SAID 12.522 ACRE TRACT BEING LOT 2R, BLOCK 4, POST OAK VILLAGE, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 388-158, PAGE 06, PLAT RECORDS, TARRANT COUNTY, TEXAS; SAID 12.522 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" iron rod found on the South Right-of-Way line of Post Oak Blvd, marking the most Westerly corner of this tract, and also being the Northeast corner of Lot 1-B, Block 4, Post Oak Village, according to plat recorded in Volume 388-158, Page 79, Plat Records, Tarrant County, Texas; THENCE Northeasterly along said South Right-of-Way line of Post Oak Blvd, with a curve to the left having the following parameters: Chord Bearing—North 55'38'13" East, Chord Distance=115.32 feet, Radius=530.00 feet, Length=115.55 feet to a nail found; THENCE North 49°26'30" East 166.53 feet along the South Right-of-Way line of Post Oak Blvd. to a nail found and being the point of a curvature to the right; THENCE along the South Right-of-Way line of Post Oak Blvd. and said curve to the right having the following parameters: Chord Bearing=North 53°17'01" East, Chord Distance=75.14 feet, Radius--564.98 feet, Length=75.19 feet to a 1/2" iron rod found for a corner of said 12.522 acres and being the point of curvature to the left; THENCE along the South Right-of-Way line of Post Oak Blvd. and said curve to the left having the following parameters: Chord Bearing=North 54'16'15" East, Chord Distance=55.45 feet, Radius=564.98 feet, Length=55.47 feet to a 1/2" iron rod found marking the most Northerly comer of this tract; THENCE South 38°13'45" East 64.79 feet to a 1/2" iron rod found; THENCE South 27°44'32" East 70.56 feet to a 1/2" iron rod found; THENCE South 25°56'40" West 48.35 feet to a 1/2" iron rod found; THENCE South 10"28'56" East 61.16 feet to a 1/2" iron rod found; THENCE South 74°33'59" East 27.00 feet to a 1/2" iron rod found; THENCE South 24°20'05" East 32.07 feet to a 1/2" iron rod found; THENCE-' South 68°33'09" East 50.82 feet to a 1/2" iron rod found; THENCE South 85°44'48" East 87.94 feet to a 1/2" iron rod found; THENCE North 44047'23" East 115.09 feet to a 1/2" iron rod found; THENCE South 67°18'48" East 116.01 feet to a 1/2" iron rod found; THENCE South 29°55'24" East 150.47 feet to a 1/2" iron rod found; THENCE South 11°20' 19" East 109.86 feet to a 1/2" iron rod found; THENCE South 40°45'00" East 42.00 feet to a 1/2" iron rod found; THENCE South 88°00'00" East 71.00 feet to a 1/2" iron rod found; THENCE North 83°15'01" East 100.31 feet to a 1/2" iron rod found; THENCE North 46°15'00" East 56.91 feet to a 1/2" iron rod found; Page 8 of 10 THENCE South 44°35'34" East 304.63 feet along the West line of Lot 2R, Block 2, Post Oak Village East, Volume 388-,144, Pages 66-66A, Plat Records, Tarrant County, Texas to a 1/2" _iran rod found THENCE South 15°12'44" East 7.46 feet along said West line of said Lot 2R, Block 2 to a 1/2" iron rod found on the North Right-of-Way line of C.R.T. & G. Railroad marking the Southeast corner of this tract; THENCE along said North Right-of-Way line of C.R.J. & G. Railroad along a curve to the left having the following parameters: Chord Bearing=South 77°31'17" West, Chord Distance=693.57 feet, Radius-=11559.30 feet, Length=693 .67 feet to a 1/2" iron rod found for a point of curvature to the left; THENCE_, along said North Right-of-Way line of C.R.I. & G. Railroad and a curve to the left having the following parameters: Chord Bearing=South 75°03'08 West, Chord Distance=283.52 feet, Radius=133 86.7 7 feet, Length=283.52 feet to a 1/2" iron rod found marking the Southwest comer of this tract; THENCE North 28°03'34" West 743.83 feet (Basis of Bearings) along said West line of Lot 1- B, Block 4 to the POINT OF BEGINNING, and containing 12.522 acres of land. A-2 Page 9 of 10 (� j A ® CERTIFICATE OF LIABILITY INSURANCE SrDATEIM 5 DmrYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the polky(les)must be endorsed. It SUBROGATION IS WAIVED,subject to the terms and condi Ions of the policy,certain policies may require an endorsement. A statoment on this certificate does not confer rights to the certificate holder In lieu of such endorsemen a. PRODUCER " Paula Jensen Arthur J.Gallagher Risk Mngml.Services, Inc. PHONE Fqx Two Lincoln Centre EelAl4Ed)c 5420 LBJ Fwy,Suite 400aw Ess,_paula-jertsen(cDaig,com Dallas TX 75240 ""URN.)AFFORDING COVERAGE NAIC P _ INSURER :Westchester Fire Insurance Company 10030 INSURED wsuliERB:ACE American Insurance Company 22667 Corridor Village Texas,LLC c/o Rockport Equity, IlSURERC:Federal Insurance Company 20281 20 Avon Meadow Lane Auon, CT 06011 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER-1953559295 REVISION NUMBS THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANC2 D U0 -.—.-____....POLICY NUMBER ---......_._...... MOLIC_...E ....I III...-CY EX LIMITS WvD A X COMMERCIAL GENERAL LIABILITY G27664488 001 /2015 2712018 EACH OCCURRENCE $1,000,000 DAMAGE TO REN I III CLAIMS-MADE lD OCCUR ,; 80 000 MED EXP Vny onePerson) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 POLICY j jjj?T X LOC PRODUCTS•COMP/OP AGO 42,D00,000 OTHER: $ 8 AUTOMOBILE LIABILITY 5890A 7!2016 !2018 a aoGdsM 81,000 000 ANY AIT;0 BODILY INJURY(Per person) i AALL Qr eD fIEpULEO BODILY INJURY(Per soclosnU S X HIRED AUTOS X AUTOS ED Pere de I}^- L --- t C X UMBRELLA LIAB X OCCUR 7987824 27/2016 2W12018 EACH OCCVRRENCE 110,000,000 EXCEU LIAB CLAIMS-MADE AGGREGATE 110,000,000 DED I I RETENTION I1 WORKERS COMPENSATION PER 'TH- AND EMPLOYERS'LIABILITY YIN STATUTE ANY PROPRIETOR/PARTNER'EXECUTIVE IN NIA E.L.EACH ACCIDENT OFF)CERIMF.MBER EXCLUDED') (Mandatory In NH) E.L.DISEASE_EA EMPLOYE 3 — If yas.daacrto undor DESCRIPTION OF OPERATIONS below E.1-DISEASE-POLICY LIMIT 1 DESCRIPTION OF OPERATIONS I LOCATWNS I VEHICLES (ACORD 101,Additional Rernarin Schedule,maybe PI E more apace Is required) The general liability policy includes a blanket automatic additional insured provision that provides additional insured status to the certificate holder only when there Is a written contract between the named insured and the certificate holder that requires such status per CG-2018 (04/13)or CG 2026(04/13). 60 Day Notice of Cancellation except 10 Day for Non Payment of premium. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. Planning and Development Department 1000 Throckmorton AUTHORUM REPRESENTATIVE Fort Worth TX 76102 USA ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD Page 10 of 10 AGENCY CUSTOMER ID: LOC ; ACO® ADDITIONAL REMARKS SCHEDULE Page of 1— AGENCY __ NAMED INSURED ArlhurJ.Gallagher Risk Angmt. Services, lnc. ConicforVfl�ageTexas, LCC c/o Rockport Equity— `--- -- - 0 Avon Meadow Lane POLICY NUMBER Auon,CT 06011 CARRIER NAIL CODE EFFECTW DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:_25 FORM TITLE: CERTIFICATE OF LIABILf1Y INSURANCE Terrorism is included. Location: 3808 Post Oak Boulevard, Euless,TX 76021 I I ACORD 101 (20DB/D1) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD i