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RE 11-10-98.2 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 111098.2 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 PW COMMERCE CENTER L.P., SUCCESSOR BY CONVERSION TO PARK WEST CENTER, L.L.C.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. STATE OF TEXAS § TAX ABATE NT:AGRE~z~ 7 This Tax Abatement Agreement " ' i e Texas, duly acting herein by and through its Mayor, and PW Commerce Center L.P., successor by conversion to Park West Commerce Center, L.LC.. (''PACIFIC'), acting by and through ks 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. 20 (the "ZONE"), for commercialfmdustrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 3 12 of the Texas Tax Code, as amended (the '~FAX CODE"); and WIW~REAS, the CITY has adopted guidelines for tax abatement (the "TAX ABATEMENT GUIDELINES"); and WHEREAS, the TAX ABATEMENT GUIDEIJNES contain appropriate guidelines and criteria governing tax abatement agreements to be entered into by the CrrY as contemplated by the TAX CODE; and WIIEREAS, the CITY has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WI~REAS, 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 accor~ce with said ORDINANCE, the TAX ABATEMENT GUIDEIJNES and the TAX CODE; and WtlEREAS, PACWIC's development efforts described herein will create permanent new jobs in the CTFY; and Wi~EREAS, the City Council finds that the contemplated use of the PREMISES (hereina~er 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 ss20804 98252 0678b, WltY~REAS, the City Council finds that the improvements sought axe 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 Wlt'EREAS, a copy of this AGREEMENT has been fumished, 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 WItEREAS, the CITY desires to enter into an agreement -~th PACIFIC, ~e proposed owner of the PREMISES within the Tax Abatement Reinvestment Zone No. 20 for the abatement of taxes pursuant to Chapter 3 12 of the TAX CODE as amended; NOW, TllEIIEFORE, in consideration of the mutual benefits and promises contah~ed herein and for good and other valuable consideration,. the adequacy and receipt of which is hereby acknowledged, including the expansion of primre3' employment, the attraction of major invesm~ent 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: GKNERAL PROVISIONS 1. PACIFIC is the owner of real property desert'bed in Exhibit "A" attached hereto and made a part hereof fbr all purposes (the "PRF_~MJSES" hereirtalter deftneed). which real property is located within the city, [in'tits of the CTFt' and wi:hin the ZONE. 2. The PRE~MISES are not in an improvement project financed by ta.x in~ement bonds. 3. This AGREEMENT is entered into subject to the rights of the holders of outstanding bonds of the C1TY. 4. The PREMISES are not owned or leased by any member of the Coppelt 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 ABATEMENT AUTHORgED 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 AGREEMYANT_ 6. Subject to the terms and conditions of this AGREEMENT, and provided that the combined TAXABLE VALE for the PREMISES is at least Five lVlillion Five Hundred Thousm~d Dollars ($5,500,000) as of January 1 ofthe FIRST YEAR OF ABATEMENT and as of January 1 of each year thereafter for a period of four (4) years, the CITY hereby grants PACIFIC an abatement of Tax Abatement Agreement - Page 2 ss20804 98252 06785 seventy-five percent (75%) of the TAXABLE VALUE of 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 PREMISES that exceeds the BASE YEAR TAXABLE VALUE for the PREMISES, the year in which this AGREEMENT is executed (base year/1998). 7. The period of tax abatement herein authorized shall be for a period of five (5) years. 8. During 'the period of tax abatement hereit', authorized, PACIFIC shall be subject to all CITY taxan'on not abated, including but not limited to, sales tax and ad vatorem 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 real property described in Exhibit "A" attached hereto and incorporated herein for all purposes including any IMPROVEMENTS; B. The IMPROVEI~flE~NTS shall mean the contemplated improvements to be comstrucled on the PREMISES and as further described herein. C.. TAXABLE VALUE means the appraised value as certified by the Appraisal District as of .vanuary 1 of a given year. D. The BASE YEAR TAXABI,F, VALUE shall mean the total assessed taxable value for the PREMISES for the year in which the Tax Abatement Agreement is executed (1998). E. The FIRST YEAR OF T[W~ TAX ABATEMENT shall mean January 1 of the calendar year imn~ediately following the issuance of the last certificate of occupancy for the IMPROVEMENTS. F. An EVENT OF BANKRUPTCY OR INSOLVENCY shall mean the dissolution or termination of PACIFIC's existence as a going business, insolvency, appointment of receiver for any part of PACIFIC'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 PACIFIC and such proceeding is not dismissed within thirty (30) days after the filing thereof. Tax Abatement Agreement - Page 3 ss20804 98252 06786 IM'PRO~ 10. PACIFIC owns the real property described in Exhibit "A" and agrees to construct or cause to be constructed thereon an office/warehouse/distribution facility consisting of two (2) buildings of approximately 245,200 total sqtmre feet (and other ancillary facilities such as reasonably required parking and landscaping more fully de~'ribed in the submittals filed by PACIFIC with the CITY ~om time to time in order to obtain a building permit) to be known as Park West Commerce Center, (the "IMPROVEMENTS"). The cost of the IMPROVEMENTS excluding the land shall be at least Seven/Vfillion Four Hundred Thousand Dollars ($7~400,(~J0). The TAXABLF~ VALUE of the IMPROVEMENTS excluding the land, shall be no less than Seven Million Four Hundred Thousand Dollars ($7,400,000) 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) cottsec~tive years. Nothing in this AGREEMENT shall obligate PACIFIC to construct the IMPROVEMENTS on the PREMISES, but said action is a condition precedent to tax abatement purstmnt to this AGREEMENT. CONSTRUCTION OF IMPROVEMENTS 11. As a condition precedent to the initiation of tax abatement pursuant to this AGREE~MENT, .PACIFIC will diligently and th~thfaily. in good and workmanlike manner, pursue the completion of the contemplated IMPROVEME.N"rS on or before December 3l, 1999, as good and valuable consideration fbr this AGREEMEh'r, and that all construction of the IMPROVEME~NTS will be in accordance with all applicable state and local lays, codes, and regulations. (or valid waiver thereof).; provided, that PACIFIC shall have such additional tinge to complete and rnaintain the IMPROV~,IENTS as may be required in the event of "Force Majeure," if PACIFIC is diligently and ~kit~ffuily putstring c~mplefion of the LMPROVEMt~';N'I'S. Fo~- ~.is purpose, "Force Majeure" shall mean any contingency or cause beyond the reasonable control of PACIFIC including without limitation, acts of God or the public enemy, war, riot. civil commotion, insurrection, adverse weather, government or de facto governmenta/action (unle~ craased by acts or omissions of PACIFIC), fires, explosions or floods, strikes, slowdowns or work stoppages. 12. PACIFIC agrees to maintain the IMI~ROVEMENTS during the term of this AGREEMENT in accordance with all applicable state and local laws, codes, and regulations. PACIFIC agrees that. the IMPROVEMENTS shall be used only as an office/warehouse/distribution facility for a period of five (5) years commencing on the date the last certificate of occupancy is issued for the IMPROVEMENTS. 13. The CITY, its agents and employees shall have the right of access to the PREMISES during construction to inspect the IMI'ROVE~MENTS at reasonable times and with reasonable notice to PACIFIC, and in accordance with PACIFIC'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). Tax Abatement Agreement - Page 4 ss2oso4 98252 6787 GENERAL REQUIREiMENTS 14. Construction plans for the IMPROVE~MENTS constructed on the PREMISES will be filed with the CITY, which shall be deemed to be incorporated by reference heroin and made a part hereof for all purposes. 15. ARer completion of the IMPROVEMENTS, PACIFIC sh'all certify in writing to the CITY the consm~ction cost of the IMPROVEMENTS. PACIFIC shall -also annually cerffy 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 in the manner (i) that is consistent with the City's Comprehensive Zoning OralS, ante, 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. PACIFIC agrees to provide to the tenants of the PREMISES, the benefit of the abatement of re, a/property taxes granted herein. PACIFIC shall, upon written request, provide the CITY with satisfactory evidence that the benefits of this AGREEMENT have been provided to the tenants ofttie PRE1MrISES. DEFAULT: RECAPTURE OF TAX REVENUE 18. In the event PACIFIC fails in pertbrmance of any of ~e following conditions: (i) completion of the IMPROVEMENTS in accordance with this AGREEMENT or in accordance with applicable State or local laws, codes or regulations; (ii) have any delinquent ad v.qlorem or State ,sales taxes owed to the CFFY with respect to the PREMISES (provided PACIIi'IC retains its right to tirnely and properly protest such taxes or assessment); (lii) upon the occurrence of any "Event of Bankrupt~ or Insolvency"; or (iv) breaches any of the terms and conditions of this AGREEMENT, then PACIFIC, 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, PACIFIC 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 rote for delinquent taxes as determined by Section 33.01 of the TAX-CODE as amended but without penalty. The parties acknowledge that actual clamages in the event of default termination would be speculative and difficult to determine. The parties further agree that any properly tax revenue lost, including interest as a remit of this AGREEMENT, shall be recoverable against PACIFIC, its successors and assigns and shall constitute a tax lien on the PREMISES and shall become due, owing and shall be paid to the CITY within thirty (30) days after termination. 19. Upon breach by PACIFIC of any obligations under this AGREEMENT, the CTI~r shall notiris' PACIFIC in writing PACIFIC shall have thirty (30) days litore receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day Tax Abatemere Agreement - Page 5 ss2o8o4 98252 (i6788 period, and PACIFIC 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. 20. If'PACIFIC fails to cure the default within the time provided as specified above or, as such time period may be extended, then the C1TY at its sole option shall have the right to terminate this AGREEMENT by written notice to PACIFIC. 21. Upon termination of this AGREEME1N"r by C1TY, all tax revenue abated as a re~alt of this AGREE~MENT shall become a debt to the CITY as liquidated damages, and shall become due and payable not later than thirt7 (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 delinquem property tax. 3[l~e CITY at its sole discretion has the option to provide a repayment schedule. The computation of tax revenue abated for the purposes of the AGREE1VEENT shall be based upon the full TAYa~BLE VALUE without tax abatement for the years in which tax ~atement hereunder was received by PACIFIC 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 and shall commence to accrue after expiration of the thirty (30) day payment period. ,LN~AL APPLICATION FOR TAX EXEMPTION; RENDITION 22. It shall be the res?onsibi!ity of PACIFIC, pursuant to the TAX CODE, to file an annual exemption applicat~ion form with the Chief Appraiser for each Appraisal District in w'hicb. the eligible taxable property has sims. A copy of the exempUon application shall be submitted to the CITY. 23. PACIFIC shall annually render the value of the PRE.~MISES to the Appraisal District and provide a copy of the same to the CITY. SUCCESSORS AND ASSIGNS 24. This AGREEMENT shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, adminisUamrs, legal representatives, successors, and assigns. Th~s AGREEMENT may be assigned with the consent of the CTI~'. ARer any permitted assignment, all references to PACIFIC herein shall thereafter be a reference to PAC'IFIC's successor with respect to any obligations or liabilities occurring or axising a~er the date of'such assig~m~ent. NOTICE 25. 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: Tax Abatement Agreement - Page 6 ss20804 98252 06789 flintended for PACIHC, to: PW Commerce Center, L.P. c/o Padtic Realty Associates, L.P. 15350 S.W. Sequoia Parkway Suite 300 Portland, OR 97224 If intended for CITY, to: City of Coppell, Texas City Manager P. O. Box 478 Coppell, Texas 75019 CrI'Y COUNCIL AUTHORIZATION 26. 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 27. This AGREEMENT was authorized by the Board of Directors of PACIFIC authorizing the undersigned to execute this AGREEMENT on behalf &PACIFIC. SEVERABII ,ITY 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. APPLICABI .E 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 instnmaent. Tax Abatement Agreement - Page 7 3s20804 98252 06790 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 fully binding on all successors, heirs, and assigns of PACIFIC who acquire any right, rifle, or interest in or to the property, or any part thereof: Any person w-ho acquires any- fight, title, or interest in or to the property, or any part hereof; thereby agrees and covenants to abide by and fully perform the provisions of this AGREE~MENT with respect to the fight, ti~e or intere~ in such property. RECORDATION OF AGRF~F4'MENT 33. A certified copy of this AGREEMENT shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS 34. The determ~,afions recited and declared in the preambles to fitis AGREEMZ~VF are hereby incorporated herein as pa~t of this AGREEMENT. F~XltnlITS 35. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes wherever reference is made to the same. 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. PACIFIC acknowledges that it has obtained leg~ counsel to assist in the preparation of tl-ds AGREEMENT and that PACIFIC 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. Tax Abatement Agreement - Page 8 ss2o8o4 98252 06791 EXECUTEn in duplicate originals this the/~q day of/Z~d , 1998. CITY OF COPPELL, TEXAS f,\ t: By: CANDY S~HEiHAN, MAYOR ATTEST: KATHLEEN ROACH, CITY SECRETLY AGREED AS TO FORM: By: PETER G. 2~I~ CITY ATTORNEY EXECUTED in duplicate originals this the q day or Cicbbec1998. PW COMMERCE CENTER, L.P. By: PW Fairview, Inc., General Partner By: N~~C~st. ~President ASSOCIATE GEI~'~tERALCOUNSEL Tax Abatement Agreement - Page 9 8820804 98252 06792 CITY'S ACKNOV~LEDG~I]~NT STATE OF TEXAS § COUNTY OF DA ~ .I ~AS § 'nil, instrument was acknowtedged before me on the/Sb day of by Candy Sheehan, Mayor of the City of Coppeil, Texas, a Texas muni¢ipafity, on beh~alf of said municipality. ,"' ~ ..i;;;?~. My ~ //tllllllill*% Tax Abatement Agreement - Page 10 ss20804 98252 06793 PACIFIC'S ACKNOWLEDGMENT STATE OF OREGON § WASH I NGTON § COUNT OF § Asst. Vice President This instrument was acknowledged before me on the 9th day of October , 1998_, by Nancy B. Murray, Asaociate General Counse', of PW Fairview, Inc., General Partner of PW Commerce Center L.P., on behalf of said partnership. Notary Public, State of My Commission expires: 2-'-~/t ] zoo I  OFFICIAL SEAL MONA HAIlNAIl NOTARY PUBlIC-OREGON COMMISSION N0. 300769 MY COMMISSION DeI~S MAY 1, 2001 Tax Abatement Agreement - Page 11 ss2oso4 98252 0679h LEGAL DESCRIFFION Being a Tact of Lend situmd in the ~ames A. Simmons Survey. Abstract No. 1296, in the City of Coppe/!, Dallas County, Texm m:d being sll of tc~ 3R, Block S of tlw t~-plat of all of Block end 8 Park West Commerce Ceres, as r,~onl~ in Volume 91002, Pag~ 31 (D.R.D.C.T.) and BEGINNING $x s lr2 inch iron rod wit~ yellow plastic cap stamped 'HALFF ASSOC,, INC.' (hereafter rden'ed to as "with cap") sst at the somt~rly conmr of a 20 foot comer clip on the north~ly xii;ht-of-way ~ of Wrangler Drive (60 fe~ wi~) lw. aIe~ g the intn'seclion ',~ith we~-.dy ri~ht*of-w~, lhe of ~ Driv~ (65 ~ wide); THI~NC15 North 89 delF,:es 06 mlmnes 46 Mcona$ Writ, $1on~ hid north riSht-og-way, s distanc; of S55. I 0 feet to · 314 inch iron rod with 'Davis' cap found at the ~mtlxwest comer of said Lcg 3P,, Block $; THENCE North 01 de~TSe$19 minutes 28 secondS East, departing said north lir~ and $1ong the west line of Lot 3R, Block 8, · ~ of 442.Z6 fn~t to a 3/4 inch iron rod found on a ~ curve to the ri~t havi~ m radius of 382-25 fee~ and whose chc~i bears North 18 degrees minutes 44 seconds We~t, 256.~ fwt; TI-IE4~ along said circular cm've contimxin~ along said west line, thxou~ a cenual angle of deS~s 16 minut~ 16 s~o~ls, an a~ distance of 261.99 fe~ to · 1/2 inch iwn rod found for c'vmer; THENCE North 01 dqr~es 20 minutes 07 seco,,~ East, c, ontinuin8 alon~ ~cl west line,, · di~t~uc~ of 96.56 fwt ~o · I/2/nch iron rod found at the southwest con~r of Lot 1, Block ~ Paxk W~-t Commerce Center as re~xwded in Volume 93080, Page 2115 (D.R.D.C.T.); THENCE Sout~ 89 de~'ees 06 minutes 46 secon~ Fast, altars the south line of said Lot 1, Block 8, ancl Lot 2R, Block 8, · distance of 955.52 feet to a I/2 inch iron mcl with cap set on the we~t~'y right-of-w·y of ~ Drive (65 lest wide); THENCE Sou~h O0 d~xe~s 53 minu~ 14 seconds West, along said W~st ri~t-of-wsy, distance of ~61.99 feet ~o a IF2 inch ;,c~u wd with ~ set a~ the nortEwdy comer of afor=ueutioned 20 foot comer cup; THENCE South 45 degrees 5~ minutes 14 seconds West, along said comer clip a distance of 28.28 feet to the POINT OF BEGINNING AND CONTAINING 704,~M1 square ~ or 16.172 acres of land mo~ er EXMIBIT "A" 98252 06795 LEGAL DE~CRIPIION l~:ing a tract of land situated in the Jazzes A. Si~ S~y, A~ No. 129~, in ~ Ci~ of ~ll, ~ Co~, T~ ~d ~ ~ of~ l, BI~ 7 of~ ~p~ of ~ ofB~ 5 ~ 6 ~d ~ of BI~ 7 ~ West ~~ ~, ~ ~ ~ Voice 9~017, Pap 398 ~.R.D.C.T-~ ~ ~ of L~ 3, Bl~k 7 of~~ of~ of~t 3 ~ Lot 1, Blo~ 7 P~k W~ Co~c C~, ~ ~ ~ Voice J158, P~e [324 ~.RD.C-T.) ~ ~ ~~ly d~ ~ foHo~: ~ ~ m ~ "~ ~ ~ ~ ~ ~~ ~ ofa co~p ~ ~ n~y ~t~f-~y of W~ff ~ (~ fm ~) at ~ ~~ ~ ~ ~ H~-of-~ (65 f~ ~); W~ Co~ C~, ~ ~ ~ Vol~c 91 ~1, ~ 2682 ~I.D.C.T.); ~ong ~ ~ ~ of ~d bt ~ BI~ 7, a ~ of 375.50 f~t to a 1~ ~ch i~n ~ fo~ at ~ ~~ ~ of ~ L~ 2, Bl~k 7; ~CE 5o~ ~ ~ J3 ~nu~ 14 ~o~ W~ ~~ ~d ~ [~ ~d ~o~ ~ w~ 1~ of Lot 4, BI~ 7of~d P~k W~ Co~ C~~r~ ~ Voice ~158, hp 1324, a d~ of3~.00 f~t ~ a 1~ ~ ~on ~ fo~ ~ ~ so~we~ com~ of ~id ~t 4, Bl~k 7; at ~ ~t~ ~ of ~d Lot 4, B~ 7;' ~NCE ~ ~ ~ 53 mJ~ 14 ~ W~ ~ ~d ~ ~e ~ ~oq ~ ~t line of Lot 5, BI~ 7 of ~ P8 W~ ~~ ~t~ ~ Vol~ 9~17, Pa~ 398, a ~ of ~7.~ ~ ~ a 1~ ~ ~ ~ ~ ~ fo~ ~ ~ ~u~ ~ of ~d Lot 5, BI~ 7, ~d ~t ~g on ~ no~ ~ of ~d W~r ~ve; ~CE N~ 89 de~ ~ ~n~ ~ ~ W~ ~ ~d ~ 1~ ~d ~ong ~ nosily ~f-~Y of W~I~ ~ve. , ~ of 895.~ ~t to ~ PO~ OF - BEG~G ~ CO~A~G 636,673 sq~ fm or 14.616 ~ ofl~d ~ or 1~. EXHIBIT "A" 98252 06 796 L6LgO 980E'030 PHI2=08 decried ~al pro~ b~ause of color or unenf~eable under fNeal law, STATE OF T~S COU~RY I hereby cedi~ this i~$trume~t was filed en ~tamped hereon by me and was euly ,ecm~ed age of the named records ot Dallas Ccur~ty lexas DEC 80 1998 COU~ CLER~ Dailas County, Texas