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RE 12-08-98.6 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 120898.6 A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND DFW TRADE CENTER II, LIMITED PARTNERSHIP; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. VfHF~REAS, the City Council has been presented a proposed Tax Abatement Agreement by and among the City of CoppeR, Texas and DFW Trade Center 1I, Limited Partnership a copy of which is attached hereto and incorporated herein by reference; and W~REAS, 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 CoppeR, Texas; NOW, Tm~REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, that: 1. The Agreement attached hereto having been reviewed by the City Council of the City of CoppeR, Tcxag 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 CoppeR, Texas. 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. 3. The tax abatement to be granted by the Agreement will not include inventories, and supplies. 4. The improvements proposed for the Premises will accomplish thc tax abatement guidelines of the City of Coppell, Texas. 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 CoppeR, Texas, intends to enter into the Agreemem. The notice given by the City Manager included a copy of the Agreement approved by this Resolution. 8S22195 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. 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND Al)OPTED by the City Council of the City of Coppell, Texas, on thisthe ff¢/~ dayof L~ecenl~e~ , 1998. CITYfl~F COPPELL, ~ ,. CANDY SHE~, MAYOR- i ATTEST: EN ROACH, CITY SECRETARY APPROVED AS TO FORM: o. stm-m, crr (PGS/ttl 11/24/98) 2 ss22195 September 23, 1998 STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § z,. 5 ~Es zs- f:~ 4 02/03/99 1404052 $35.00 This Tax Abatement Agreement (the "AGREEMENT") is entered into by and between the City of Coppell, Texas (the "CITY"), a Home Rule City and municipal corporation of Dallas County, Texas, duly acting herein by and through its Mayor, the DFW Trade Center Tr Limited Partnership CDFW"), acting by and through its respective authorized officer. WITNESSETtt: · WI~F~RFAS, the City Council of the City, passed an Ordinance (the "ORDINANCE") establishing Tax Abatement Reinvestment Zone No. 14 (the '~ONE"), for commercialfmdustrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 3 12 of the Tax Code, as amended (the "TAX CODE"); and VsFHEREAS, the CITY has adopted guidelines for tax abatement (the "TAX ABATEMENT GUIDEI ,E~ES"); and WI~EREAS, the TAX ABATEMENT GUIDEIJNES contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the CITY as contemplated by the TAX CODE; and WHKREAS, the CITY has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and VVt[EREAS, 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 GIYH)EI,~S and the TAX CODE; and VV~HEREAS, DFW's establishment described herein will create permanent new jobs in the CITY; and WHEREAS, the City Council finds that the contemplated use of the PRESI]SES (hereinaf[er defined), the contemplated improvements to the PREMISES 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 Tax Abatement Agreement - Page 1 ss2osos 99022 0513 4 ABATEMENT GUIDEI,INE, the ORDINANCE adopted by the CITY, the TAX CODE and all other applicable laws; and WltEREAS, the City Council finds that the improvements sought are feasible and practicable and would be of benefit to the land to be included in the ZONE and to the CITY after expiration of this AGREEMENT; and W!tEREAS, a copy of this AGREEMENT has been furnished, in the manner prescribed by the Code, to the presiding officers of the governing bodies of each of the taxing units in which the PREMISES is located; and WitEREAS, the CITY desires to enter into an agreement with DFW as the owner of the PREMISES within the Tax Abatement Reinvestment Zone No. 14 for the abatement of taxes' pursuant to Chapter 3 12 of the Tax Code, as amended; NOW, T!tEREFORE, 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. DFW is the owner of that real property described in Exhibit 'W' attached hereto and made a part hereof for all purposes (the "PREMISES"), which PREMISES are located within the city limits of the CITY and within the ZONE. 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 Coppelt Planning and Zoning Commission, or any member of the governing body of any taxing units joining in or adopting this AGREEMENT. TAX ABATE1VIY, NT AUTHORIZED 5. This AGREEMENT is authorized by the Texas Property Redevelopment and Tax Abatement Act of the Tax Code, Chapter 3 12, 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. Tax Abatement Agreement - Page 2 ssa0803 99022 05135 6. Subject to the terms and conditions of this AGREEMENT, and provides that the combined TAXABI ,E VALUE for the IMPROVEMENTS and tangible personal property is at least Five lViillion Five Hundred Thousand Dollars ($5,500,000) as of/anuary 1, of the FIRST YEAR OF ABATEMF~NT to and as of January I of each year thereafter for a period of four (4) consecutive years, the CITY hereby grants DFW an abatement of seventy-five percent (75%) of the TAXABLE VALUE of the IMPROVEMENTS and the TANGIBI,E PERSONAL PROPERTY located on the PREMISES for a period of five (5) years. The actual percentage of taxes subject to abatement for each year of this AGREEMENT will apply only to the portion of the taxable value of the IMI'ROVEMENTS that exceeds that property's taxable value for the year in which this AGREEMENT is executed (base year/1998). The tax abatement agreement for TANGIBI,E 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 authorizexl shall be for a period of five (5) years. 8. During the period of tax abatement herein authorized, DFW 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. The PREMISES shall mean the property described on Exhibit "A" attached hereto and incorporated herein for all purposes including any IMPROVEiVIENTS and TANGIBLE PERSONAL PROPERTY, excluding inventory and supplies, which is added to the property subsequent to the execution of this AGREEMENT; B. The IMPROVEMENTS shall mean Building '~", the contemplated improvements described herein located on the PREMISES and as further descn'bed in the plans submitted to the CITY, including but not limited to buildings, structures, tangible personal property, equipment, and fixtures added to the PREMISES other than inventory and supplies. C. The TAXABLF. VALUE shall mean the appraised value as certified by the Appraisal District as of January 1 of a given year. D. The BASE YEAR TAXABI oK VALUE shall mean the total assessed taxable value forthe year in which the Tax Abatement Agreement is executed (1998). Tax Abatement Agreement - Page 3 ss20803 99022 i35136 E. The FIRST YEAR OF THE TAX ABAIY_,SfENT shall be January 1 of the calendar year immediately following the issuance of a certificate of occupancy for the IMI~ROVEM~ENTS. F. TANGIBLE PERSONAL PROPERTY shall mean tangible personal property, equipment and fixtures other than inventory or supplies added to the PREMISES subsequent to the execution of this AGREEMENT. G. An EVENT OF BANKRUPTCY OR INSOLVENCY shall mean the dissolution or termination of DFW's existence as a going business, insolvency, appointment of receiver for any part of DFW's property and such appointment is not terminated within thirty (30) 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 DFW and such proceeding is not dismissed within thirty (30) days after the filing thereof. IMPROVEMENTS 10. DFW is the owner of the real property described in Exhibit "A" and agrees to construct or cause to be constructed Building '~" on the PREMISES an office/warehouse/facility consisting of approximately 493,679 square feet (and other ancillary facilities such as required parking and landscaping more fully desended in the submittals filed by DFW with the CTFY from time to time in order to obtain a building permit) (the "IMPROVE1VI'ENTS"). The cost of the IN[PROVEMENTS should be approximately Twenty Million Dollars ($20,000,000). The approximate location of the IIVIPROVEM~ENTS will be shown on a Site Plan of the PREMISES to be submitted to the CITY. The TAXABI,E VALUE of Building "F", excluding the land shall be no less than Twenty Nfillion Dollars ($20,000,000) as of January 1 of the FIRST YEAR OF ABATEMENT and as of January 1 of each year thereafter for a period of four (4) consecutive years. Nothing in this AGREEMENT shall obligate DFW to construct IMPROVEMENTS on the PREMISES, but said IMPROVEMENTS and/or to locate TANGIBI,F, PERSONAL PROPERTY to/on the PREMIgES, but said actions are a condition precedent to tax abatement pursuant to this AGREEMENT. CONSTRUCTION OF IMPROVEMIENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this AGREEMENT, DFW will diligently and faithfully, in good and workmanlike manner, pursue the completion of the contemplated IMPROVEMENTS on or before December 31, 1999, 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 DFW shall have such additional time to complete the IMPROVEMENTS as may be required in the event of "Force Majeure," if DFW is diligen~y and faithfully pursuing completion of the IMPROVEMENTS. -For this purpose, '"Force Majeure" shall mean any Tax Abatement Agreement - Page 4 ss2osoa 99022 05137 contingency or cause beyond the reasonable control of DFW including without limitation, acts of God or the public enemy, war, riot, dvil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of DFW), fires, explosions or floods, strikes, slowdowns or work stoppages. 12. DFW agrees to maintain the IMI'ROVEMENTS during the term of this AGREEMENT in accordance with all applicable state and local laws, codes, and regulations. 13. DFW agrees to provide to any other applicable tenants of the PREMISES, the benefit of the abatement of real property taxes granted herein. DFW shall, upon written request, provide the CITY with satisfactory evidence that the benefits of this AGREEMF, NT have been provided to other applicable tenants of the PREMISES. 14. The CITY, its agents and employees shall have the right of access to the PREiVHSES during construction to inspect the DIPROVEMENTS at reasonable times and with reasonable notice to DFW, and in accordance with DFW's visitor acass 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). GENERAL REQUIREMENTS 15. Construction plans for the IMPROVEMENTS constructed on the PREMISES will be filed with the CITY. The plans for such IMPROVEMENTS as filed shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 16. DFW agrees from the date a certificate of occupancy is issued until the expiration of this AGREEMEENT to continuously operate and maintain the PREMISES as an office/warehouse/distribution facility, in compliance with all applicable federal, state and local laws. 17. After completion of the IMPROVEMENTS, DFW shall certify in writing to the CITY the construction cost of the IMPROVEMENTS. DFW shall annually certify to the CITY that it is in compliance with each term of the AGREEMENT. 18. The PREMISES and the IMPROVEMENTS constructed thereon at all times 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. DEFAULT: RECAPTURE OF TAX REVENUE 19. In the event DFW fails in performance of any of the following conditions: (i) completion of the IMPROVEMENTS in accor~ce with this AGREElVlENT or in accordance with applicable State or local laws, codes or regulations; ('~) has any delinquent ad valorera or State sales Tax Abatement Agreement - Page 5 ss20803 99022 t)5138 taxes owed to the CITY (provided DFW retains its right to timely and properly protest such taxes or assessment); ('fii) upon the occurrence of any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this AGREEMENT, then DFW, after the expiration of the notice and cure periods described herein, shall be in default of this AGREEMENT. As liquidated damages in the event of such default, DFW shall, within thirty 00) days after demand, pay to the CITY all taxes which otherwise would have been paid to the CITY without benefit of a tax abatement 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 property tax revenue lost, including interest as a result of this AGREEMENT, shall be recoverable against DFW, its successors and assigns and shall constitute a tax lien on the PREMISES itself and shall become due, owing and shall be paid to the CITY within thirty (30) days after termination. 20. Upon breach by DFW of any obligations under this AGREEMENT, the CITY shall notify DFW in writing. DFW shall have thirty (30) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day period, and DFW has diligen~y 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 for an addkional thirty (30) days. 21. IfDFW fails to cure the default within the time provided as specified herein or, as such time period may be extended, then the CITY at its sole option shall have the right to terminate this AGREEMENT by written notice to DFW. 22. Upon termination of this AGREEMENT by CITY all tax revenue abated as a result 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 recaptured tax revenues 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 tax revenue abated for the purposes of the AGREEMENT shall be based upon the full taxable value without tax abatement for the years in which tax abatement hereunder was received by DFW with respect to the PREMISES, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor- Collector. The liquidated damages shall incur penalties as provided for delinquent taxes shall commence to accrue after expiration of the thirty (30) day payment period. ANNUAL APPLICATION FOR TAX EXEMPTION 23. It shall be the responsibility of DFW 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 situs. A copy of the exemption application shall be provided to the CITY. Tax Abatement Agreement - Page 6 ss20s0a 99022 d5t39 24. DFW shall annually render the value of the IMPROVEMENTS and TANGIBI ,F- PERSONAL PROPERTY located on the PREMISES to the Appraisal District and provide a copy of the same to the CITY. SUCCESSORS AND ASSIGNS 25. This AGREEMENT shall be binding on and inure to the benefit of the parties to it and thek respective heirs, executors, administrators, legal representatives, successors, and assigns. This AGREE1VIENT may be assigned with the consent of the CITY. 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 delivery: If intended for DFW, to: DFW Trade Center :n:Limited Partnership Atm: Doug Johnson 5420 LBJ Freemy Suite 1275 Dallas, Texas 75240 If intended for CTrY, to: City of Coppell, Texas City Manager P. O. Box 478 Coppell, Texas 75019 CITY COUNCIL AlrrHOI~IzATION 27. This Agreement was authorized by resolution of the City Council approved by its Council meeting authorizing the Mayor to execute this A GREE1VIENT on behalf of the CITY. SEVERABII ,ITY 28. In the event any section, subsection, paragraph, sentence, phrase or word here'm is held invalid, illegal or unconstitutional, the balance of this AGREE1MF. NT, shall be enforceable and shall be enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph, sentence, phrase or word. Tax Abatement Agreement - Page 7 ss20s03 APPLICABT ,F, 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 AGRF~F~MENT 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. 32. The provisions of this AGREEMENT are hereby declared covenants running with the PREMISES and are filly binding on all successors, heirs, and assigns of DFW who acquire any fight, title, or interest in or to the PREMISES or any part thereof. Any person who acquires any right, rifle, 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 fight, title or interest in such property. 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 exh~its to this AGREEMENT are incorporated herein by reference for all purposes wherever reference is made to the same. Tax Abatement Agreement - Page 8 ss20803 99022 051 1 CONSTRUCTION 36. Both parties have participated in the negotiation and preparation of this AGREEMENT. This AGREEMENT shall not be constructed more or less strongly against either party. DFW acknowledges that it has obtained legal counsel to assist in the preparation of this AGREEMENT and that DFW has fully satisfied itself, without warranty or representation not expressly contained herein, by CITY that the tax abatement contemplated hereby is available in all respects. nx~arr~n in d,~pn~te oash~ thi~ the ,S~ aay or De- c., ~99s. y PPEIJ;~~Lx : CLY~, MAYOR ATYEST: KATI-H,F, EN ROACH, CITY SECRETARY AGREED AS TO FORM: PETER G. SMITH, Y [SIGNATURES CONTINUED ON NEXT PAGE] Tax Abatement Agreement - Page 9 smosos 99022 05t~2 EXECUTED in duplicate originals this the __ day of ,1998 DFW TRADE CENTER lI LIMITED PARTNERSHIP, a Texas limited partnership By: DFW GP H, LLC, a Texas limited liability Company, its sole general partner By: DFW Trade Center I Limited Partnership, a Texas limited partnership, its sole member By: ID International (Texas), Inc., a Georgia corporation, its managing general partner ~E~jR~i'AR' , Tax Abatement Agreement - Page 10 99022 i55143 CrI~'S ACKNOWI ~F~DGNIE~NT STATE OF TEXAS § COUNTY OF DAII~AS § whi~ ~m~t ,~ a~k~o~dS~ before me on th~ ~7~ ,by ot ~ C e~b~, ~ ~ by C~dy Sh~ ~yor of ~e Ci~ of ~ppe~ Text, a Te~ mu~dp~, on beh~ of ~d m~dp~. ,,'~~~ E E %~, No~ ~bHc, S~te of Tex~ ,,-, ~...~.~. ,,,, : Tax Abatement Agreement - Page 11 ss20803 99022 Ci51b, q DFW' S ACKNOWLEDGMENT STATE OF [0~O ~ § COUNTY OF ~ § This instrument was acknowled ed before me on the ~ day of ~]~tf, Lt~ ,192~ by ~x~XAO~ o~rt~ , /'J,~ , oflD International (Texas), Inc., a Georgia corp ion, the manag al partner of' DFW Trade Center I Limited Partnership, which is the sole member ofDFW GP II, LLC, which is the sole general partner of DFW Trade Center II Limited Partnership ~ ,. ,.7,/ -'., · ' ;"d'C ?'d " Notary Public, State of {~t~tr~--~fi_f,. .:' . Georgla .... t/lit C, omrnk~ion Fa. ptr~ ~ 5, 2001 Tax Abatement Agreement - Page 12 99022 051b, 5 Rcvd lt/OZ, ~4~9PH (01:06) on Line O0 for 40ALSTOI~ WORKSRV4 printed 40A]~F2AAO7OBE on 11/03/1998 04:09PH * Pg 2/3 ,4.: EeP IDI P. 2,'3 :. e Hov. 3. s No. ~ t~48 1 ~ Ci30DWIN I,I~I~H~LL PAGE E~IBIT A STATE 01: TEXAS; COUNTY OF DALLAS: WHEILEA$ DFW I1ADE CDrFERaBJ.,IA4II'ED PARTNERSHIP, a T~xas 14m~md partnership is the owner of a 22,5 i 3 acre tract of land Icecared in the: Cities of GripE'vine and Copp¢ll, DaI1L~ Count'y, Texas, sinmt¢~l in the B-B.B. & C.1LR. Company Survey, Abstract No. I772, the H. Turaer Survey, Abslrac~: No, 1796 end the P~'er Harmonson -qurvey~ Abs=act No, 179j and being a porticua of a L80.023 s~re tra~t of lm~d ~s described En deed to DFW Trade Cents' I Limited Parm~rship, a Texas limited parrn~p r~corded in Volume 9615 I, P:tge 03135 ~:f the Deed Re;c~d,~ of Dallas Cmmry, Te:v,u and being more particularly desoribed as follows: COMlVlENCING at a "X" s~t on top of curb st the southsrlymost comer cllp point at the inmrs,~ction of the ncnt~ast=rly line of Freeport Parkway ('variable width lt.ight-of-Way - Pro: PIM regarded in Volume ~6040, Pag~ 2864 afthe Map Records of Do/los Count)-, Texas) ~dth the southeasterly lines of Pattriot Drive (Variable width R/ght-of-Way at this point - Par Plat r~corded in Volume 971e$7, Pag~ 3012 of the Map Rscords of Dallas Couney, Texas and also recorded in Cabinet N, Slide 27S of th~ Plat Records of Dearsan County. Texas); TI-IENCE N 03 °~6'23" W, departing the northeasmrly llne of said Freeport Parkway, along r3a¢ southeast- ely lin, orsaid Pan-lot Drive. and said comer clip, a distance of 211.37 fe~t to a lf2" iron rod set at an angl~ point in the southeast line of said Psiriot Driv, {60' Righi-of-Way at this point); TI-]ZENCE N ~1 =03'3," Ii, continuing a/ong the southeast llne of said Patriot Dri,te, a a-istan~e of 509.7:1 feet :o a 1/2'* iron rod s~c at the POINT of BEGINNING Of the heroin described rrac~ of lamd; TiIENCE along th~ south,oat, south ~ scauTllw~st lhlc of said Pmtdoi Drive tile followLUg: iN 41 ~03'38" E, a distance of 51.06 fe,t to a I/T' iron rod set at the point of ¢urvatun2 of a circelet ourv~ to th~ leer, ha~ing orsdies of 830.00 feet; Northeasterly, along s~d circular curve to th~ left, through s c~ntr~.l angI~ of 14 n02'11", an arc distance of;103.33 feet, aM ha~4ng ~ chord that bears N 34 '02'33" E, 202,83 feet to a IF/" iron rod smt at the poittl of tang~ncy; N 27 ~01'.~8'' E~ a distance of!L06 f~ot to a 1/2" iron rod set at th~ poiru ofcurvatur~ circular curve ~o the right, having a radius of TT0.00 feet; Northeasterly, along said circular curv, to the right, through s eentra/eagle of 14°02'10.., arc di.stanco of l ~a.63 feet, and haeg a chord that b~itrs N 34 ~09-'33" E, lag.l 6 feet to a IF/" iron rod s~ at the point of~angcnc}'; N ~ 1 °03'31t" E, a distance of 1,020.!5 feet to a 1/2" iron rod N 86°08'40" E, a distance of 2~.24 feet ~o a 1/2" iron rod S 48 ~46'17" E, a distance of 24.16 fee: to a 1/2" iron rod set at the point of curvE of a circular curve to the fight, having a radius of 770.00 fe~t; 99022 051 6 ' Rc~d. 1~/0~ '04:09PH (01:06) on fine O0 for/+OALSTON 140RKSRV/+ printed 40A363F2AAO70BE on 11/0]/1998 04:09PH * Pg ~3i~.~ 110.487 P.3/3 5outheagerly, alang said citoular curve m ths righi, through a central angle o£ ~S°3P'34'', an arc distance of 479.23 feet, and having a chord that bears S 30°56'30' B, 471.53 feet to a 112" iron rod set at the point of reverse curvature of a circular curve to eae left having a radius of 5outhe~terty, along said ;izc'Waz :~.-,'e to the left, through a central angle of 1~"29'43", an axe distance of 253.44 feet. and having a chord thet bears S 21 °51'35" IF., 252.46 feet to a iron rod TFiI~NC3E departing the southwest line of said Patriot Drive. traversing tb.e afor. nendoned DFW Tracte t Lhnited Parta~'slaila tract the following: S i9 °23'34" W, depaxthlg radial to the l~revious circular cth-'ve to the left. ~t dime of 15.00 feet to ~ I/2" bron rod set; S 41 °03'3 B" W, a distance of 1.213-17 feet to a 1/2" ixon rod set4 N 48 '56'12" W, a distance of 662.71 fe~t To the POINT of BEGIN'ND,IO, and eo=taioing 980,586 ~quare feet or 22.513 acres of land. 99022 051 7' u~;,:" ' ~ ,:,J S~ ' COtl~ OF DALES i ~. , ",,,r:~ :t v-'~,s f7%~ cn tho date and time st~ .: , ~; .~; ~:~,ly re~Orded i~ the volume ~'EB 3 1999 ~~ C~ Dallas ~n~,