Loading...
RE 2002-11-12.3RESOLUTION NO. A RESOLUTION OF THE CITY OF COPPELL, TEXAS, 2206051 $~1.00 Deed APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND AMONG THE CITY OF COPPELL, TEXAS, TEXAS DUGAN, LIMITED PARTNERSHIP AND ULINE, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and among the City of Coppell, Texas, Texas Dugan, Limited Parmership and Uline, Inc., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Coppell, Texas. SECTION 2. The City Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 1 48027 z o: 035 037 I0 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the property subject to the Agreement is located, a written notice that the City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the ]~ -~day of ~~2002. CITY O~PPEL~, TE~_ ~ C ANDYX~I2 EHAN,~IV~YO R ATTEST: LIBBy ~ALI~,~'~ SECRETARY ROBEff¥ . hA Jr iZ¥ ATTOP E¥ (PGS/NBB/si 10/31/02~t 2 48027 zao3035 0371 STATE OF TEXAS § COUNTY OF DALLAS § TAX ABATEMENT AGREEMENT This Tax Abatement Agreement (the "Agreement") is entered into by and among the City of Coppell, Texas (the "City"), duly acting herein by and through its Mayor, Texas Dugan, Limited Partnership ("Owner") and Uline, Inc. ("Lessee") acting by and through their authorized officer. WITNESSETH: WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 39 (the "Zone"), for commercial/industhal tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "Tax Code"); and WHEREAS, the City has adopted guidelines for tax abatement (the "Tax Abatement Guidelines"); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the City as contemplated by the Tax Code; and WHEREAS, the City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppell area, it is in the best interests of the taxpayers for the City to enter into this Agreement in accordance with said Ordinance, the Tax Abatement Guidelines and the Tax Code; and WHEREAS, Owner owns the real property described in Exhibit "A" ("Land") and has or intends to construct certain improvements (hereinafter "Improvements") on the Land and to lease the Improvements to the Lessee; and attached hereto defined as the WHEREAS, Lessee has or intends to lease the Improvements from the Owner; and WHEREAS, Owner's and Lessee's development efforts described herein will create permanent new jobs in the City; and WHEREAS, the City Council finds that the contemplated use of the Premises (hereinafter defined), the contemplated improvements to the Premises thereto in the amount set forth in this Agreement, and the other terms hereof are consistent with encouraging development of the Zone in accordance with the purposes for its creation and/or in compliance with the Tax Abatement Guidelines, the Ordinance adopted by the City, the Tax Code and all other applicable laws; and TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 1 zoo 035 037 12 47885 WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises (hereinafter defined) to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Premises is located; and WHEREAS, the City desires to enter into an agreement with Owner, the owner of the Premises, and Lessee, the owner of Tangible Personal Property (hereinafter defined), within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to Chapter 312 of the Tax Code as amended; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for good and other valuable consideration, the adequacy and receipt of which is hereby acknowledged, including the expansion of primary employment, the attraction of major investment in the Zone, which contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: GENERAL PROVISIONS 1. Owner is the owner of the Land, which Land is located within the city limits of the City and within the Zone. Owner intends to construct the Improvements on the Land and to lease the Improvements to Lessee. Lessee intends to lease the Improvements from the Owner and is the owner or lessee of Tangible Personal Property to be located on the Premises subsequent to the execution of this Agreement. 2. The Premises are not in an improvement project financed by tax increment bonds. 3. This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 4. The Premises are not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this Agreement. TAX ABATEMENT AUTHORIZED 5. This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines and Criteria, and approved by resolution of the City Council of the City authorizing the execution of this Agreement. 6. Subject to the terms and conditions of this Agreement, and provided the combined Taxable Value for the Improvements and the Tangible Personal Property is at least Five Million Five Hundred Thousand Dollars ($5,500,000.00) as of January 1 of the First Year of Abatement and as of January 1 of each year thereafter this Agreement is in effect, the City hereby grants Owner an TEXAS DUGANFLILINE TAX ABATEMENT AGREEMENT - Page 2 o0 035 03713 47885 abatement of seventy-five percent (75%) of the Taxable Value of the Improvements and Lessee an abatement of seventy-five percent (75%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years. The actual percentage of Taxable Value of the Improvements subject to abatement for each year this Agreement is in effect will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value for the Land. The Tax Abatement Agreement for Tangible Personal Property will only apply to the Tangible Personal Property added to the Premises after this Agreement is executed. 7. The period of tax abatement herein authorized shall be for a period of five (5) years. 8. During the period of tax abatement herein authorized, Owner and Lessee shall be subject to all City taxation not abated, including but not limited to, sales tax and ad valorem taxation on land, inventory and supplies. DEFINITIONS 9. Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: A. "Base Year Taxable Value" shall mean the total assessed Taxable Value for the Land for year in which the Tax Abatement Agreement is executed (2002). B. "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of a party's existence as a going business, insolvency, appointment of receiver for any part of a party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such party and such proceeding is not dismissed within ninety (90) days after the filing thereof. C. "First Year of Abatement" shall mean January 1, 2004. D. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of Owner including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of Owner), fires, explosions or floods, strikes, slowdowns or work stoppages. E. "Improvements" shall mean the contemplated improvements to be constructed on the Land and as further described herein. F. "Land" shall mean the real property described in Exhibit "A" attached hereto and incorporated herein for all purposes. G. "Premises" shall mean the Land and the Improvements. TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 3 z 3035 037 ih 47885 H. "Tangible Personal Property" shall mean tangible personal property, equipment and fixtures other than inventory or supplies owned or leased by Lessee and added to the Premises subsequent to the execution of this Agreement. I. "Taxable Value" means the appraised value as certified by the Appraisal District as of January 1 of a given year. IMPROVEMENTS 10. Owner owns the Land and agrees to construct or caused to be constructed thereon an office warehouse/distribution building located at Freeport Parkway and Bethel Road, Coppell, Texas, containing approximately 159,168 square feet (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit) (the "Improvements"). Lessee agrees to lease and occupy the Improvements and locate Tangible Personal Property on the Premises. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land, but said action is a condition precedent to Owner's tax abatement for the Improvements. Nothing in this Agreement shall obligate Lessee to occupy the Improvements, and/or to locate Tangible Personal Property on the Premises but said actions are a condition precedent to Lessee's tax abatement pursuant to this Agreement. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of Owner's tax abatement pursuant to this Agreement, Owner will diligently and faithfully, in good and workmanlike manner, and pursue the completion of the contemplated Improvements on or before December 31, 2003, as good and valuable consideration for this Agreement, and that all construction of the Improvements will be in accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof); provided, that Owner shall have such additional time to complete and maintain the Improvements as may be required in the event of "Force Majeure," if Owner is diligently and faithfully pursuing completion of the Improvements. 12. Owner and Lessee, in accordance with its lease of the Improvements, agree to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner and Lessee agree that the Improvements shall be used only as an office/warehouse/distribution building for a period of five (5) years commencing on the date a certificate of occupancy is issued for Lessee's occupancy of thc Improvements. 13. The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner and Lessee, and in accordance with Owner's and Lessee's visitor access and security policies, in order to insure that the construction of the Improvements are in accordance with this Agreement and all applicable state and local laws and regulations (or valid waiver thereof). TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 4 zoo 035 037 15 47885 GENERAL REQUIREMENTS 14. Construction plans for the Improvements constructed on the Land will be filed with the City, which shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 15. After completion of the Improvements, Owner shall certify in writing to the City the construction cost of the Improvements. Owner and Lessee shall each annually certify to the City that they are in compliance with each term of the Agreement. 16. The Premises shall be used in the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. 17. Owner agrees to provide to Lessee and any other applicable tenants of the Improvements, the benefit of the abatement of real property taxes granted herein. Owner shall, upon written request, provide the City with satisfactory evidence that the benefits of this Agreement have been provided to the tenants of the Improvements. 18. Lessee agrees to continuously lease and occupy the Improvements for a period of five (5) years commencing the First Year of Abatement. DEFAULT: RECAPTURE OF TAX REVENUE 19. In the event: (i) Owner fails to complete the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) Owner or Lessee has delinquent ad valorem or sales taxes owed to the City with respect to the Premises (provided such party retains its right to timely and properly protest such taxes or assessment); (iii) Owner or Lessee has an "Event of Bankruptcy or Insolvency"; or (iv) Owner or Lessee breaches any of the terms and conditions of this Agreement, then such party (the "Defaulting Party"), after the expiration of the notice and cure periods described below, shall be in default of this Agreement. As liquidated damages in the event of such default, the Defaulting Party shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Defaulting Party to the City without benefit of a tax abatement for the Defaulting Party's property the subject of this Agreement, with interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code, as amended, but without penalty. The parties acknowledge that actual damages in the event of default termination would be speculative and difficult to determine. The parties further agree that any abated tax, including interest as a result of this Agreement, shall be recoverable against the Defaulting Party, its successors and permitted assigns and shall constitute a tax lien against the Defaulting Party's property the subject of this Agreement and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 20. Upon breach by Owner and/or Lessee of any obligations under this Agreement, the City shall notify the "Defaulting Party" and the "Non-Defaulting Party" in writing. The Defaulting Party shall have thirty (30) days from receipt of the notice in which to cure any such default. The TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 5 2oo3035 037 i6 47885 non-defaulting party shall have the right, but not the obligation, to cure the default of the "Defaulting Party". If the default cannot reasonably be cured within a thirty (30) day period, and the Defaulting Party has diligently pursued such remedies as shall be reasonably necessary to cure such default, then the City may extend the period in which the violation must be cured. 21. If the Defaulting Party or the non-defaulting party fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement with respect to the "Defaulting Party" by written notice to the Defaulting Party. For illustration purposes only, in the event that this Agreement is terminated with respect to Lessee such that Lessee is no longer entitled to tax abatement for its Tangible Personal Property under this Agreement, this Agreement shall remain in full force and effect for the Owner and the tax abatement of the Improvements shall not be affected thereby. 22. Upon termination of this Agreement by City with respect to a Defaulting Party, all tax abated as a result of this Agreement with respect to such Defaulting party and such Defaulting Party's property the subject of this Agreement, shall become a debt to the City as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is made. The City shall have all remedies for the collection of the abated tax provided generally in the Tax Code for the collection of delinquent property tax. The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for purposes of the Agreement shall be based upon the full Taxable Value of the Improvements or the Tangible Personal Property, as the case may be, without tax abatement for the years in which tax abatement hereunder was received by the Defaulting Party with respect to the Improvements or Tangible Personal Property, as the case may be, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor-Collector respectively. The liquidated damages shall incur penalties as provided for delinquent taxes and shall commence to accrue after expiration of the thirty (30) day payment period. The City's sole remedy against a "Defaulting Party" shall be the recovery of the liquidated damages and the enforcement of the tax lien against the "Defaulting Party's" property the subject of this Agreement ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION 23. It shall be the responsibility of the Owner and Lessee, pursuant to the Tax Code, to file an annual exemption application form with the Chief Appraiser for each Appraisal District in which the eligible taxable property has sims. A copy of the exemption application shall upon request be submitted to the City. 24. Owner shall annually render the value of the Improvements and Lessee shall annually render the value of Tangible Personal Property located on the Premises to the Appraisal District and upon request provide a copy of the same to the City. TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 6 oo 035 03717 47885 SUCCESSORS AND ASSIGNS 25. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned without the consent of the City Manager. NOTICE 26. All notices required by this Agreement shall be addressed to the following, or other such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand or overnight delivery: If intended for Owner, to: Attn: Jeff Turner Texas Dugan Limited Partnership 5495 Beltline, Suite 360 Dallas, Texas 75254 With copy to: Duke Realty Corporation 3950 Shackleford Road Suite 300 Duluth, Georgia 30096 Attn: Corporate Attorney - Texas Market If intended for Lessee, to: Attn: Phil Hunt Uline, Inc. 9901 E. Valley Ranch Parkway Suite 2008 Irving, Texas 75083 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 7 zoo3035 037 18 47885 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201 CITY COUNCIL AUTHORIZATION 27. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this Agreement on behalf of the City. SEVERABILITY 28. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and shall be read as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. APPLICABLE LAW 29. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Dallas County, Texas. This Agreement is performable in Dallas County, Texas. COUNTERPARTS 30. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. ENTIRE AGREEMENT 31. This Agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to the matters in this Agreement, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Agreement. CONVENANTS RUNNING WITH THE PREMISES 32. The provisions of this Agreement are hereby declared covenants running with the Premises and are fully binding on all successors, heirs, and assigns of Owner who acquire any right, title, or interest in or to the Premises, or any part thereof. Any person who acquires any right, title, or interest in or to the Premises, or any part hereof, thereby agrees and covenants to abide by and fully perform the provisions of this Agreement with respect to the right, title or interest in such Premises. TEXAS DUGAN/UL1NE TAX ABATEMENT AGREEMENT - Page 8 zoo: 035 037 19 47885 RECORDATION OF AGREEMENT 33. A certified copy of this Agreement shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS 34. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. EXHIBITS 35. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. EXECUTED in duplicate originals this the ]~ay of~/~Y'0t., 2002. By: CAI~"~ 's~H~,~H'~S, h;l~YO~ ATTEST: LIBBY BA~f-~ITY-~EC~TARY AGREE~ TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 9 2oo: 035 03720 47885 EXECUTED in duplicate originals this the ~7~ ~day of ~~, 2002. TEXAS DUGAN, LIMITED PARTNERSHIP a Delaware limited partnership By: Dugan General Partnership, I.I~C, a Delaware limited liability company, its general partner By: Dugan Texas, LLC, a Delaware limited liability company, its sole member By: Duke Realty Limited partnership, an Indiana limited partnership, its Manager By: Duke Realty Corporation, corporation, its general partner an Indiana TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 10 47885 zoo: O 35 03721 EXECUTED in duplicate originals this ~ day of ., 2002. TEXAS DUGAN, LIMITED PART a limited partnership By: Du limited LLC, a Delaware its general parmer By: Dugan Texas, company, it~ C, a Delaware limited liability .'mber By: Duke limite ~artnership, its :er an Indiana By: Realty Coq >oration, its general partner an Indiana JEFF TURNER SENIOR VICE PRESIDENT, TEXAS EXECUTED in duplicate originals this the ~o day of o~-"'m~ER.., 2002. ULINE, INCORPORATED Name: ~'r~P},~o ul ~ Title: VP ~N~ TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 10 2oo3035 03722 47885 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before rne on the ]'~ _t~ day of ~7/~~, 2002, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: Notary Publi~/g't~t~ 0f Texas ~%%ttlllllllll .,,,:'.~,~ 8~, % =~~ ~- %~- ~ -2~,,," TEXAS DUGANFUL1NE TAX ABATEMENT AGREEMENT - Page 11 zoo3035 03723 47885 OWNER'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the ~ day of x~_~~._, 2002, by Jeff Turner being the Senior Vice President, Texas of Duke Realty Corporation, an Indiana corporation on behalf of Texas Dugan Limited Partnership, ks ~__~.~_ ee'~~ - l~otary Public, State of Texas My Commission Expires: TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 12 2oo3035 0372L 47885 LESSEE'S ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS § Thi~A,nstmment ~as~agkngwledged b e£ore)'n~e on_.the ~__~ day o£ ~~ 2002, by ~>7t) ~/~6rt ]/{ !/~/LA.s---~eing the ~/ffJ .~ r7 a J7 c_C. of Uline, Inc., on bchal£ o£ said corpo¥~i~tn, v v- / Notary Public, State of~ My Commission Expires: TEXAS DUGAN/ULINE TAX ABATEMENT AGREEMENT - Page 13 47885 03725 EXHIBIT "A" STATE 0~' TEXAS OWN£R'S CERTIFICATE COUNTY OF DALLAS WHEREAS, Texas Ougan, Umlted Partner~hlp Is the owner of a 11.835 acre tract of lend situated in the John Vest Survey, Abstract No. 1508, Dallas County, Texas; said tract being a portion of Lot 2, Block A, Duke-Freeport Addition, an addition to the City of Coppell, Texas accordlng to the plat recorded In Volume 2001065, Page 0.37 of the Deed Records oi Dallas County, Texas; said 11.835 acre tract being more pcrtlcularty described as follows; COMMENCING, at a point at the Intersection on the nortJ~ Ilne of Bethel Ro~d (a variable width right-of- way, 90 feet wide at this point) and the west right-of--way llne of Freeport Parkway (a variable width fight- of-way, 134 feet wide at this point); said point being the southeast corner of said Lot 2; THENCE. northerly, along the said west line of Freeport Parkway, the following five calls: North 00 degrees, 30 minutes, 15 seconds East. a distance of 113.35 feet to the beginning of a curve to the fight whose center bears South 89 degrees, 29 minutes, 45 seconds East, o distance of 260.00 feet from said point; In a northerly, direction, along sold tangent curve to the right- through a central angle of 12 degrees, 34 minutes, 41 seconds, an arc distance of 57.08 feet, on a chord bearing and distance of North 06 degrees, 47 minutes, 55 seconds East, 56.96 feet to the beginning of a paler of reverse curvature to the left whose center bears North 76 degrees, 55 minutes, 04- seconds West. a distance of 240.00 feet from said point; In o northeHy direction, along said reverse curve to the left, through a central angle of 12 degrees, 54 minutes, 41 seconds, on arc distance of 52.69 feet, on a chord bearlng and distance of North 06 degrees, 47 mlnutes, 35 seconds East. 52.58 feet to a point at the end of said curve; North 00 degrees. 30 minutes, 15 seconds East. a distance of 80.15 feet to the beginning of a curve to the left whose center bears North 89 degrees, 29 minutes. 45 seconds West, o distance of 1301.12 feet from said point; In a northerly direction, along said tangent curve to the left, through a central angle of 20 degrees, 55 minutes, 55 seconds, on arc distance of 475.34 feet, on a chord bearing and distance of North 09 degrees, 57 minutes, 43 seconds West, 4-72.70 feet to o 1/2-Inch Iron rod with 'Pacheco Koch' cap set at the POINT OF' BEGINNING; THENCE, South 54 degrees, 04. minutes, 54 seconds West, departing said west line of Freeport Parkway, a distance of 38Z. 30 feet to a 1/2-inch iron rod with 'Pachec~l~J~;~ch." ~al~i'~t for comer;, THENCE, North 89 degrees, 29 minutes, 45 second~l W~t.~ a ~nce of 450.68 feet to a 1/2-inch iron rod with 'Pocheco Koch" cap set for comer;, {:: ~;~ ,~, ~,i..;i~;, THENCE, South 47 degrees, 54 minutes, 19 seconds West, a dlstance of 25.10 feet to a 1/2-inch Iron rod with *Pacheco Koch" cap set for comer;, THENCE, North 89 degrees, 29 minutes, 45 seconds West. a distance of 25..39 feet to a 1/2-1nch iron rod with 'Pacheco Koch' cop set for comer;, THENCE, North 00 degrees, 30 minutes, 15 seconds East, a distance of 791.73 feet to a 1/2-inch iron rod with 'Pacheco Koch' cap set for comer THENCE. South 89 degrees, 29 minutes, 45 seconds East. a distance of 110.40 feet to a 1/2-inch iron rod with 'Pacheco Koch' cap set for comer;, THENCE. North 66 degrees, 51 minutes. 54 seconds East. a distance of 50.25 feet to o 1/2-inch iron rod with 'Pocheco Koch' cap set for comer;, THENCE, North 31 degrees, 15 minutes, 00 secoc~ds EQst, a distance of 122.16 feet to a 1/2-inch iron rod with 'Pacheco Koch' cap set for corner in the sold we~t line of Fresport Parkway and on a cur~e left whose center bears North .31 degrees. 15 minutes, OD seconds East a distance of 1411.12 feet from said point; THENCE. in southeasterly a direction along the said west line and said curve to the left, through a central angle of 00 degrees. 48 minutes, 58 seconds, an arc distance of 19.97 feet. on a chord bearing and distance of South 59 degrees, 09 minutes, 20 seconds East. 19.97 feet to a 1/2-Inch iron rod with 'Pacheco Koch' cap set at o point of rever~e curvature to the dght whose cente~ bears South .30 degrees, 26 minutes. 21 seconds West, o distance of 1301.12 feet from said pain t; THENCE. In o ecuthsasterly direction, along said west line and sold reverse curv~ to the right, through a central angle of 39 degrees. 07 minutes. 58 seconds, an arc distance of 888.66 feet. on a chord bearing and distance of South 59 de<F'ees. 59 minutes, 40 seconds East, 871.49 feet to the POINT OF' BEGINNING; 1s.551 .aero feet o.e, of ,a.d. mare or ,.,. Zl]I]3 3 5 0 3 7 2 6 ~IIIBFE8 ~0 ~1~!1:0t~ L~L~O § C 0 £ooz An,/pn)vl$1on he. In which ~trfc~ the sale, ~tel., denned real prepe~ because of color U~n~eable under federal Jaw. ~ATE OF TE~S COU~ OF I.~b~ ~di~ this Instrument wes fF F~B ~0 2003 CObNTY CLERK, Dallas County. ..: CITY ~ COPPELL .... "-:::: ~ PARKWAY BL¥O "~'~'"'"' ' P 0 BOX 478 · · ~: COPPELLTX 7501.9