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RE 12-08-98.5 RESOLUTION NO. 120898.5 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 LUCENT TECHNOLOGIES, INC.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. ~S, ~e Ci~ Coun~ ~ b~ pr~t~ a pro~ T~ Abat~ent ~e~ent by ~d b~ ~e Ci~ of Cop~ T~ ~d ~t T~olo~ ~c., a ~py of w~ch is aRach~ h~o ~d ~orat~ her~ by ref~; ~d W~S, upon ~ re~ ~d ~d~afion of ~e A~t, ~d ~ ~ers relm~ · ~o, ~e Ciw Co~ is of ~e op~on ~d ~ds ~t ~e t~ ~d ~nditio~ thief should be approv~ ~d ~t ~e ~yor shoed ~ ~o~ to ex~te ~e ~m~t on ~ of ~e Ci~ of Coppe~ T~; NOW, ~FO~, BE ff ~SOL~D BY ~ ~ CO~ OF ~ ~ OF COPPEIJ, ~S, ~T: SEC~ON 1. ~e ~ment a~ch~ her~o ~g b~ renewed by ~e Ci~ Counc~ of the Ci~ of Coppe~ T~ ~d fo~d to ~ ~le ~d ~ ~e be~ ~t~e~ of the Ci~ ~d its ci~ ~, ~d ~e ~e is h~eby, ~ ~ ~gs ~prov~ ~d ~e ~yor is h~eby ~tho~ to ex~te ~e ~ on be~ of ~e Ci~ of Cop~ T~. SECTION 2. ~e Ci~ Co~ ~ds ~ ~e ~prov~ents pro~ to be b~t upon the ~e~s de~ ~ ~e ~t ~ ~ ~e ~no~c ~ of ~e ~u~ t~ou~ a mmbmfion of new ~pi~ ~vem~ ~ ~es ~ revenues, ~d ~e ~mfion of addition~ job oppo~fi~. SEC~ON 3. ~e ~ ~atement to ~ ~t~ by ~e A~m~t ~H not ~clude ~vento~ ~d mpp~. 1 ss16948 SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Coppell, Texas. 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 bythe 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 fi.om and after its passage. DULY RESOLVED AND ADOFFED by the City Council of the City of Coppell, Texas, on thistbe ~;~-//~ dayof [~¢Ce~//~¢,-'; 1998. c , coPP : ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SM1TI~'C~ ATTORNEY (PGS/tfl 10/1~8) 2 S816948 STATE OF TEXAS § § TAXABATEMENTAGREEMF~~s.f:~5 COUNTY OF DAIJ,AS § 0E103199 1404053 $31.00 Deed This Tax Abatement Agreement (the "AGREEMENT3 is entered into by and among the City of CoppeH, Texas (the "CITY"), a home ride city and municipal corporation of Dallas County, Texas, duly acting herein by and through its Mayor, and Lucent Technologies, Inc. CLUCENT'), acting by and through its authorized officer. WITNESSETH: W~F~REAS, the City Council of the City of Coppelt, Texas, (the "CITY"), passed an Ordinance (the "ORDINANCE") establishing Tax Abatement Reinvestment Zone No. 17 (the "ZONE"), for commercialfmdustrial tax abatement, as authorized by the Property Redevelopment and Tax Abatemere Act, Chapter 3 12 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 CrrY has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and W~EREAS, in order to maintain and enhance the commercial and industrial economic and employment base of the Coppeil 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 GUIDEIJNES and the Tax Code; and WHEREAS, LUCENT's development efforts described herein will create permanent new jobs in the CITY; and ~ArlTEREAS, the City Council finds that the contemplated use of the PREMISES (hereinafier 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 Tax Abatement Agreement - Page 1 ss~695o 99022 051t 9 WHEREAS, the City Council finds that the improvements sought are feasible and practicable and would be of benefit to the PREMISES (hereinafier defined) to be included in the ZONE and to the CITY after expiration of this AGREEMENT; and WIW~REAS, 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 LUCENT, the owner of the PREMISES within the Tax Abatement Reinvestment Zone No. 17 for the abatement of taxes pursuant to Chapter 3 12 of the Tax Code (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 conm~utes to the economic development of Coppert and the enhancement of the tax base in the CITY, the parties agree as follows: GENERAL PROVISIONS 1. LUCENT is the owner or is under contract to purchase the real property described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "PREMISES" hereinafier defined), which real property is located within the city limits of the CITY and within the ZONE. LUCENT is owner of certah personal property to be located on the PREMISES. 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 that the combined TAXABI ,K VALUE for the PREMISES and TANGIBLE PERSONAL PROPERTY is at least Five lVftllion Five Hundred Thousand Dollars ($5,500,000) as of January 1 of the FIRST Tax Abatement Agreement - Page 2 ss~695o 99022 05150 YEAR OF ABATEMENT and as of January 1 of each year thereafter for a period of four (4) consecutive years, the CITY hereby grants LUCENT an abatement of seventy-five percent (75%) of the TAXABLE VALUE of the PREMISES and the TANGIBLE 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 TAXABI,E VALUE of the PREMISES that exceeds the BASE YEAR TAXABLE VALUE for the PREMISES, the year in which this AGREEMENT is executed (base year/1998). 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, beginning on January 1 of the year immediately following the calendar year in which a final certificate of occupancy is issued for the IMPROVEMENTS. 8. During the period of tax abatement here'm authorized, LUCENT shall be subject to all CITY taxation not abated, including but not limited to, sales tax and ad valorera marion on land, inventory and supplies. DEFINITIONS 9. Wherever used in this AGREEMENT, the following terms shall have the meanings ascribe~l to them: A. The PREMISES shall mean the real property described in Exhibit "A" attached hereto and incorporated herein for all purposes including any IMPROVEMENTS and personal property, excluding inventory, which is added thereto subsequent to the execution of this AGREEMENT; B. The IMPROVEMENTS shall mean the contemplated improvements to be constructed on the PREMISES and as further described herein. C. TAXABLE VALUE means the appraised value as certified by the Appraisal District as of January 1 of a given year. D. The BASE YEAR TAXABI,E VALUE shall mean the total assessed taxable value for the PREMISES for the year in which the Tax Abatement Agreement is executed (199g). E. The FIRST YEAR OF THE TAX ABATEMENT AGREEMENT shall mean January 1 of the year immediately following the issuance of the last certificate of occupancy for the IMPROVEMENTS. Tax Abatement Agreement - Page 3 ss~69so 99022 05151 F. TANGIBLE PERSONAL PROPERTY shall mean tangible personal property, equipmere 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 LUCENT's existence, as a going business, insolvency, appointment of receiver for any part of LUCENT's property and such appointment is not terminated within thirty (30) days after such appointment is initially made, any general assigmnent for the benefit of creditors, or the commencement of any proceeding under any bankxuptcy or insolvency laws by or against LUCENT and such proceeding is not dismissed within thirty (30) days after the filing thereof. IMPROVEMENTS 10. LUCENT owns or is under contract to purchase the real property described in Exhibit "A" and agrees to construct or cause to be constructed thereon office/warehouse/distribution facility of approximately 100,000 square feet (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by LUCENT with the CITY from time to time in order to obtain a building permit) (the "IMPROVEMENTS"). The cost of the IMPROVEMENTS shall be at least Eleven lVf~lion Dollars ($11,000,000). The approximate location of such IMPROVEMENTS will be shown on a Site Plan of the PREMISES to be submitted to the CITY. LUCENT agrees to locate and maintain TANGIBLE PERSONAL PROPERTY on the PREMISES shall be no less than Three lVfdlion Dollars ($3,000,000) as of the FIRST YEAR OF TAX ABATEMENT and as of January 1 of each calendar year thereafter for a period of (4) consecutive years. The TAXABI ,E VALUE of the PREMISES shall be no less than Eleven Million Dollars ($11,000,000) as of the FIRST YEAR OF TAX ABATEMENT and as of January 1 of each calendar year thereafter for a period of four (4) consecutive years. Nothing in this AGREEMENT shall obligate LUCENT to construct the IMPROVEMENTS and/or LUCENT to locate TANGIBI,E PERSONAL PROPERTY on the PREMISES, but said actions are a condition precedent to tax abatement pursuant to this AGREEMENT. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this AGREEMENT, LUCENT will diligently and faithfi~, in good and workmanlike manner, pursue the completion of the contemplated IMPROVEMENTS on or before December 31, 1998, 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 LUCENT shall have such additional time to complete and maintain the IMPROVEMENTS as may be required in the event of '`Force Majeure," if LUCENT is diligen~y and faithfully pursuing completion of the IMPROVEMENTS. For this purpose, "Force Majeure" shall mean any contingency or cause beyond the reasonable control of LUCENT including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, Tax Abatement Agreement - Page 4 ss~6950 99022 05152 government or de facto governmental action (unless caused by acts or omissions of LUCENT), fires, explosions or floods, strikes, slowdowns or work stoppages. 12. LUCENT agrees to maintain the IMPROVEMENTS during the term of this AGREEMENT in accordance with all applicable state and local laws, codes, and regulations. 13. The CITY, its agents and employees shall have the right of access to the PREMISES during construction to inspect the IMI~ROVEMENTS at reasonable times and with reasonable notice to LUCENT, and in accordance with LUCEN'Fs 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). GENERAL REQUIREMENTS 14. Construction plans for the IMPROVEMENTS constructed on the PREMISES 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, LUCENT shall certify in writing to the CITY the construction cost of the IMPROVEMENTS. LUCENT shall also annually certify to the CITY that it is in compliance with each term of the AGREEMENT. 16. The PREMISES and the IMPROVEMENTS constructed thereon at all times shall be used as an office/warehouse/distn'bution facility in the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, as amended, and Cfi) that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment DEFAULT: RECAFrURE OF TAX REVENUE 17. In the event LUCENT fails in performance of any of the following conditions: (i) completion of the IMPROVEMENTS in accordance with this AGREEMENT or in accord~ce with applicable State or local laws, codes or regulations; (ii) have any delinquent ad valorera or State sales taxes owed to the CITY with respect to the PRE1V!ISES and/or TANGIBI.E PERSONAL PROPERTY (provided LUCENT retains its right to timely and properly protest such taxes or assessment); ('~i) upon the occurrence of any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this AGREEMENT, then LUCENT, 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, LUCENT shall, within thirty (30) 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 Tax Abatement Agreement - Page 5 ss~69s0 99022 d5153 that any property tax revenue lost, including interest as a result of this AGREEMENT, shall be recoverable against LUCENT, its successors and assigns and shall constitute a tax lien on the PREMISES and the TANGIBI,E PERSONAL PROPERTY and shall become due, owing and shall be paid to the CITY within thirty (30) days after termination. 18. Upon breach by LUCENT of any obligations under this AGREEMENT, the CITY shall notify LUCENT in writing. LUCENT 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 tbirty (30) day period, and LUCENT 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. 19. IfLUCENT fails to cure the default within the lime provided as specified above or, as such time period may be extended, then the CTFY at its sole option shall have the right to terminate this AGREEMENT by written notice to LUCENT. 20. 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 abatemere hereunder was received by LUCENT 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 and shall commence to accrue after expiration of the thirty (30) day payment period. ANNUAL APPHCATION FOR TAX EXEMPTION; RENDITION 21. It shall be the responsibility of LUCENT, 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 sitos. A copy of the exemption application shall be submitted to the CITY. 22. LUCENT shall annually render the values of the PREMISES and the TANGIBLE PERSONAL PROPERTY to the Appraisal District and provide a copy of the same to the CITY. SUCCESSORS AND ASSIGNS 23. This AGREEMENT shall be binding on and inure to the bene~t ofthe parties to it and their respective heirs, executors, administrators, legal representatives, successors, and assigns. This AGREEMENT may be assigned with the consent of the CITY. Tax Abatement Agreement - Page 6 8816950 99022 0515q NOTICE 24. 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: flintended for LUCENT, to: Lucent Technologies, Inc. Atm: Bruce A_ Hyde 475 South Street Room 2N187 Morristown, NJ 07%2 If intended for CITY, to: City of Coppell, Texas City Manager P. O. Box 478 Coppell, Texas 75019 CITY COUNCIL AUTHORrzATION 25. 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. TAXPAYER AUTHORIZATION 26. This AGREEMENT was authorized by the Board of Directors of LUCENT authorizing the undersigned to execute this AGREEMENT on behalf of LUCENT. SEVERABHXrY 27. 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 28. 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. Tax Abatemere Agreement - Page 7 ss~695o 99022 i 5155 29. 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 :50. 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 par~ of this AGREEMENT. :51. The provisions of this AGREEMENT are hereby declared covenants running with the PREMISES and are fully binding on all successors, heirs, and assigns of LUCENT who acquire any right, rifle, or interest in or to the properly, or any part thereof. Any person who acquires any right, rifle, or interest in or to the property, or any part hereot~ thereby agrees and covenants to abide by and fully perform the provisions of this AGREEMENT with respect to the right, rifle or interest in such property. RECORDATION OF AGREEMENT :52. A certified copy of this AGREEMENT shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS :5:5. The determinations recited and declared in the preambles to this AGREEMENT are hereby incorporated herein as part of this AGREEMENT. EXIHRITS :54. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes wherever reference is made to the same. :55. This AGREEMENT is contingent upon LUCENT closing the purchase of the PREMISES and the IMPROVEMENTS fore Catellus Development Corporation. In the event LUCENT fails to exercise its option and close the purchase of the PREMIgES and the IMPROVEMENTS from Catellus Development Corporation on or before the FIRST YEAR OF TAX ABATEMENT, this AGREEMENT shall automatically terminate without norice to LUCENT and thereafter be null and void. LUCENT shall provide written evidence satisfactory to the CITY, that LUCENT has exercised the option to purchase the PREMISES and the IMPROVEMENTS and closed such purchase on or before the FIRST YEAR OF TAX ABATEMENT. Tax Abatement Agreement - Page 8 ss1695o 99022 ' 5156 EXECUTED in duplicate originals this the ff~'h day of -De c. , 1998. CITY OF ppF. I ,I,~ TEXAS~ By: ~'Z~F'L~f~MAy ATTEST: By:/a~E~.~ ~ KATHLEEN ROACH, CITY SECRETARY AGREED AS TO FORM: By: ~"~d-/ ' ~ PETER G.~ CITY ATTORNEY EXECUTED in dupli~te origkmls tiffs the day of ,1998. LUCENT TECHNOLOGIES, INC. By: / Name: A.L. blarar~ Title: Real Estate Vice President Tax Abatement Agreement - Page 9 ss1695o 99022 05157 CITY'S ACKNOWI~EDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the gTc/~ day of f)~O e-4 ~ e~ 1998, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. ,,,~°°°"*U'?.n"~;,,, Notary Public, State of Texas Tax Abatement Agreement - Page 10 ss~69~0 99022 U5158 LUCENT'S ACKNOWI ,EDGMENT STATE OF TEXAS 1~ ~r~Stc~ § COUNTY OF ~DRRIS § This instrument was acknowledged before me on the 3rd day of November ,1998, by A. L. Marano; l~a]_ Est~,te Vice President of Lucent Technologies, Inc., on behalf of said corporation. Notary Public, State of ~ Jersey My Commission expires: Tax Abatement Agreement - Page 11 ss~695o LEGAL DESCRWTION OF PROPERTY FIELD NOTES BEING a 11.5575 acre parcel of land situated in the Joel Wllso~ Survey, Abstract No. 1555, sod the J.A. Simmons Survey, Abstract No. 1296 In the City of Coppetl, Dalla~ County, Texas and being mote particularly d__mscri__'bed as follows: COMMENCING It m 5/8 inch fouod iron rod st the intersection of the northeast right-of--w~y line of Freeport Pmrk'veay (90 feet wide right--of-way at this point)with the southeast right-of-way line of Aidine Drive (60 feet wide right-of-way, pr~vioudy named Gateway Boulevard); THENCE SofJth 75 degrees 55 minuta~ 56 ~¢onde We~t, m distance of 85.81 fast to m 1,2 inch set iron rod with a yellow cap stamped 'Halff Asscx:., Inc.', hereinaftar referred to as with cap for comer, said point being along the we~t right-of-way line of Freeport Partway (80 feet wide right-of--way at this point); BEGINNING South 54 degrees 33 minute 37 seconds West, departing said west right-of-way line, m distance of 331.$4 feet to m 1/2 inch set iron rod with cap for corner; THENCE North 89 degrees 00 minutes 42 seconds West, a distance of 654.02 feet to a 1/2 inch set iron rod with cap for corner, point being along the east right-of-way line of Interstate Highway 635 (variable width right-of-way); THENCE North 36 degrees 44 minute~ 35 seconds West, along said east line, m distance of 336.03 feet to a 1,2 inch set iron rod w'cap for THENCE North 47 degrees 16 minutes 55 seconds West, continuing along said east line, · distance of 76.37 feet to a Y2 inch set iron rod with cap for the point of curvature for a non-tangent curve to the right, having m radius of 695.00 feet and · chcxd bearing Norffi 69 degrees 48 minutes 23 seconds East; THENCE along said curve to the right, darling said east line, through · central angle of 40 degrees 11 minutes 59 seconds, an arc distance of 487.62 feet to a 1/2 inch sat iron rod with cap for the point of reverse curvature for a circular curve to the left, having s radius of 505.00 feet, and m chord bearing North 86 degrees 18 minutes 19 seconds East; THENCE along said cunte to the left, through at central angle of 07 degrees 12 minutes 07 seconds, an arc distance of 63.48 feet to m 1/2 inch set iron rod with cap for comer; THENCE North 33 degrees 30 minutes 58 seconds East, a distance of 76.33 feat to a 1/2 inch ~t iron rod with cap for corner, point being along the south line of a tract described to Hunt Investment (UNPLATED); THENCE North 76 degrees 15 minutes 29 saconcls East, along said south line, a distance of 1.09 feet to a Y2 inch set iron rod with cap for the point of curvature of a circular curve to the left, having a radius of 674.24 feet and a chord bearing North 63 degrees 25 minutes 09 seconds Eat; THENCE along said curve to the left, continuing along said south line through a central angle of 25 degrees 40 minutes 40 seconds, an arc distance of 352.17 feet to m ¥2 inch set iron rod with cap for the point of curvature for a non-tangent curve to the left, having a radius of 306.59 feet god a chord bearing South 33 degrees 17 minutes 38 seconcl~ E~st, point being along said west line of Freeport Parkway; THENCE along =aid curve to ~e left, and along said west line through ,, central angle of 03 degrees 58 minutes 24 sacaxis, an am distance of 21.26 feet to a 1/2 inch set iron rod wiffi cap for corner; THENCE South 35 degrees 16 minutes 50 seconds -~ast, continuing along said west line, a distance of 599.58 feet to POINT OF BEGINNING AND CONTAINING 503,444 scluara feet or 11.5575 acres of land more or le~. 99022 O5160 191 ,n,, zzo66 .':, ~ .: ! !':'.!.rL L .:, :. !./., 2.; [; ,.~ U N f Y dns,-~sb~ ~,~:>~ F~-' ,': ~;' '." ' ;,::.~: ' of calor 8r ra~ is invalid he,'eby csr~[~ ih;,~ ~st~u~nt w~ ~ed on t~e date an~ tim6 St;:mpcj h~rc~ ~'~ rne al~c{ was duly r~cordcd in ~e volume and age of the name~ reco~d~ of Dalla~ Coun~t, T~s as ~tamped FEB 8 1999 ~COU~ CER~ Dallas ~un~, I~