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RE 07-30-91.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 073091.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, MAKING FINDINGS AS TO THE FEASIBILITY AND DESIRABILITY OF AN IMPROVEMENT DISTRICT TO BE KNOWN AS THE COPPELL GATEWAY PUBLIC IMPROVEMENT DISTRICT; MAKING FINDINGS AS TO THE ADVISABILITY, NATURE, AND ESTIMATED COST OF THE PROPOSED IMPROVEMENTS AND THE METHOD OF ASSESSMENT WITHIN THE BOUNDARIES OF THE DISTRICT; AUTHORIZING THE DISTRICT AS A PUBLIC IMPROVEMENT DISTRICT PURSUANT TO CHAPTER 372, SUBCHAPTER B, OF THE LOCAL GOVERNMENT CODE; MAKING PROVISIONS RELATED THERETO AND DECLARING AN EFFECTIVE DATE. WHEREAS, Catellus Development Corporation has petitioned the City Council of the City of Coppell to establish a proposed Coppell Gateway Public Improvement District pursuant to the provisions of Chapter 372, Subchapter B, Local Government Code, as amended; and WHEREAS, the City Council examined said Petition and called a Public Hearing thereon, with Notice thereof given as required by law; and WHEREAS, the City Council appointed an Advisory Board to investigate all matters relating to said Petition, and the Advisory Board has reported thereon; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1. The following findings are made and declared regarding the proposed Coppell Gateway Public Utility District (hereinafter called the "District"): a. The Petition to establish the District is sufficient and is accepted as being in compliance with the provisions of said Chapter 372, Subchapter B, Locat Government Code, as amended; CR910730 Page1 b. It is advisable to make the improvements set forth in the Petition and the same will benefit the land described therein, enhance the value thereof and be of benefit and use to the City; and c. The nature of the improvements is to provide the water, sanitary sewer, drainage and street facilities necessary to serve the land within the District in accordance with the requirements therefor by the City; d. The estimated costs of all improvements to be made is $4,230,000.00 and such cost is a reasonable cost for said improvements; e. The land described in the Petition will all be benefitted by the proposed improvements and therefore the boundaries of the District shall be as described in Exhibit "A" attached hereto and made a part hereof for all purposes; f. The method of assessment based on the net useable square footage of all land contained within the District is fair and equitable and the most reasonable means of allocating the costs of the improvements to be acquired and constructed; g. The costs of the improvements shall be borne entirely by the land within the boundaries of the District and no apportionment between the City and the District is necessary. 2. The Coppell Gateway Public Improvement District is hereby authorized as provided by said Chapter 372, Subchapter B, Local Government Code, as amended, and in accordance with the findings made in section 1 hereof. Provided, however, such authorization does not authorize petitioner to take any action that would obligate the City in anyway or cause the City to incur any risk or cost. Further the City shall not be obligated to issue any bonds or levy any assessment until Petitioner has returned to the City Council for approval of petitioner's method of proceeding which will (a) ensure that sufficient security is provided in connection with the issuance of bonds to protect the bondholder's investment and the City's credit, (b) ensure that State laws governing issuance of bonds, and in particular, laws pertaining to the powers of municipalities to enter into various kinds of "credit enhancements" such as letters of credit, are complied with, and (c) ensure the incorporation into such method of procedure the matters raised at the abovementioned public hearing. 3. This Resolution shall be published one time in the official newspaper of the City and upon such publication authorization of the Coppell Gateway Public Improvement District shall become effective. 4. The Advisory Body for the District shall continue to meet and advise the City Council in regard to any ongoing Service Plan or Assessment Plan. CR910730 Page2 DULY PASSED by majority vote of all members of the City Council of the City of Coppell, Texas on the 30 day of July, 1991. THE CITY OF COPPELL, TEXAS Mayor, City of C~'pell, Texas Attest: City Secreta'~TC'ol;)t~l, Texas APPROVED AS TO,~F~ORM: City~Att°rney ~ -- CR910730 Page3 EXHIBIT A TRACT 1 BEING a tract of ]and situated in the S.A. & M.G. Railroad Survey, Abstract No. 1439, and being all of Gateway Business Park, an addition to the City of Coppell, Dallas County, Texas as filed for record in Volume 90138, Page 4298 through 4296 of the Plat Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at the intersection of the centerline of Freeport Parkway (80 feet wide) and the centerline of Cotton Road (65 feet wide); THENCE North 88 degrees 23 minutes 42 seconds West, along said centerline of Cotton Road, a distance of 1348.68 feet to a point for a corner; THENCE North 54 degrees 44 minutes 53 seconds West, departing said centerline and along the north right-of-way l/ne of Interstate Highway 635 (right-of-way varies), a distance of 1442.53 feet to a point for a corner; THENCE North 01 degrees 51 minutes 06 seconds East, departing said north line, a distance of 1068.42 feet to a point for a corner, said corner lying on the south right-of-way line of St. Louis and Southwestern Railroad (100 feet wide); THENCE North 87 degrees 24 minutes 30 seconds East, along said south line, a distance of 2413.04 feet to a point for a corner; THENCE South 08 degrees 53 minutes 58 seconds West, departing said south line, a distance of 100.00 feet to a point for a corner; TIIENCE South 81 degrees 06 minutes 02 seconds East, a distance of 100.00 feet to a point for a corner; THENCE North 08 degrees 53 minutes 58 seconds East, a distance of 120.33 feet to a point for a corner, said comer lying on the south right-of-way line of St. Louis and Southwestern Raikoad (100 feet wide); THENCE North 87 degrees 24 minutes 30 seconds East, along said south line, a distance of 90.04 feet to a point for a corner, said corner being at the intersection of said south line and the east boundary line of S.A.&M.G. Raikoad Survey, Abstract No. 1439, said corner also being the right-of-way of Freeport Parkway (90 feet wide); THENCE South 08 degrees 29 minutes 38 seconds West, departing said south line and along said abstract line, a distance of 392.32 feet to a point for a corner; THENCE South 01 degrees 48 minutes 59 seconds West, continuing along Freeport Parkway, a distance of 1668.84 feet to the POINT OF BEGINNING AND CONTAINING 4,522,543.50 square feet or 103.823 acres of land, more or less. EXHIBIT "A" TRACT 2 BEING a tract of land situated in the Cordelia Bowen Survey, Abstract No. 56, the James A. Simmons Survey, Abstract No. 1296, and the Joel Wilson Survey, Abstract No. 1555, Dallas County, Texas, and being all of a tract of land as described by deed to Santa Fe Pacific Realty Corporation, as recorded in Volume 89190, Page 3416 of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at the northeast comer of a tract of land conveyed to the State of Texas, as recorded in Volume 84195, Page 0604 of said Deed Records; TIq2ENCE North 79 degrees 24 minutes 14 seconds West, along the northeast line of I.H. 635, a distance of 95.00 feet to a point for a comer; Tt-YENCE South 65 degrees 39 minutes 57 seconds West, continuing along said northeast I/ne, a distance of 80.93 feet to a point for a comer; THENCE North 82 degrees 07 minutes 53 seconds West, continuing along said northeast line, a distance of 68.25 feet to a point for a comer; THENCE North 79 degrees 39 minutes O0 seconds West, continuing along said northeast line, a distance of 275.94 feet to a point for a comer; THENCE North 64 degrees 41 minutes 13 seconds West, continuing along said northeast line, a distance of 157.06 feet to a point for a comer; THENCE North 44 degrees 24 minutes 02 seconds West, continuing along said northeast line, a distance of 141.83 feet to a point for a comer; THENCE North 60 degrees 41 minutes 07 seconds West, continuing along said northeast line, a distance of 27.98 feet to a point for a comer; THENCE North 35 degrees 45 minutes 55 seconds West, continuing along said northeast I/ne, a distance of 810.00 feet to a point for a corner; THENCE North 38 degrees 14 minutes 34 seconds West, continuing along said northeast line, a distance of 210.00 feet to a point for a comer; THENCE North O1 degrees 17 minutes 25 seconds East, departing said northeast line, a distance of 897.43 feet to a point for a comer; THENCE North 74 degrees 56 minutes 51 seconds East, a distance of 1.09 feet to the point of cup~ature of a circular curve to the left, having a radius of 674.24 feet; -2- THENCE Northeasterly, along said curve through a central angle of 25 degrees 40 minutes 40 seconds, an arc distance of 302.17 feet to a point for a comer in the southwest line of Freeport Parkway said point lying on a circular curve to the left, having a radius of 306.59 feet and whose chord bears South 34 degrees 38 minutes 38 seconds East; THENCE Southeasterly, along said southwest line with said curve through a central angle of 03 degrees 58 minutes 24 seconds and an arc distance of 21.26 feet to the point of tangency; TFIENCE South 36 degrees 37 minutes 50 seconds East, continuing along said soutl~west line, a distance of 643.23 feet to a point for a comer; THENCE North 53 degrees 22 minutes 10 seconds East, a distance of 80.00 feet to a point for a comer; THENCE North 36 degrees 37 minutes 50 seconds West, along the northeast line of Freeport Parkway, a distance of 12.50 feet to a point for a comer; THENCE North 53 degrees 22 minutes 10 seconds East, along the southeast line of Airline Drive, a distance of 10.00 feet to the point of curvature of a ckcular curve to the left, having a radius of 666.96 feet; THENCE Northeasterly, along said southeast line with said curve through a central angle of 18 degrees 25 minutes 19 seconds, an arc distance of 214.44 feet to the point of tangency; THENCE North 34 degrees 56 minutes 51 seconds East, continuing along said southeast line, a distance of 593.25 feet to the point of curvature of a circular curve to the right, having a radius of 50.00 feet; THENCE Northeasterly, continuing along said southeast line and with said curve through a central angle of 55 degrees 34 minutes 11 seconds and an arc distance of 48.49 feet to a point for a corner; THENCE South 89 degrees 28 minutes 58 seconds East, continuing along the south line of said Airline Drive, a distance of 401.62 feet to a point for a comer; THENCE South 00 degrees 01 minutes 25 seconds East, departing said south line, a distance of 627.53 feet the point of curvature of a circular curve to the left, having a radius of 382.25 feet; THENCE Southerly, along said curve through a central angle of 39 degrees 14 minutes 25 seconds, an arc distance of 261.79 feet to a point for a comer; THENCE South 00 degrees 01 minutes 25 seconds East, a distance of 442.71 feet to a point lot a comer; -3- THENCE North 89 degrees 32 minutes 29 seconds East, a distance of 262.27 feet to a point for a comer; THENCE South 00 degrees 12 minutes 31 seconds East, a distance of 1930.73 feet to a point for a comer; THENCE South 00 degrees 17 minutes 14 seconds West, a distance of 791.26 feet to a point for a comer in the northeast line of I.H: 635; THENCE North 35 degrees 43 minutes 09 seconds West, along said northeast line, a distance of 1196.34 feet to a point for a comer; THENCE North 03 degrees 17 minutes 05 seconds East, continuing along the highway right- of-way, a distance of 739.74 feet to a point for a corner; THENCE North 00 degrees 56 minutes 58 seconds East, continuing along said right-of-way, a distance of 49.76 feet to the POINT OF BEGINNING AND CONTAINING 4,158,503 square, feet or 95.466 acres of land more or less. Note: This description is based on record information and includes areas dedicated for public use (i.e., road rights-of-ways and utility easements) and also includes area within the 100-year floodplain as shown on FYRM Maps 480170 0005, 480165 0005, and 480165 0050. -4- TRACT 3 BEING a tract of land situated in the James A. Simmons Survey, Abstract No. 1296, Dallas County, Texas, and being all of a tract of land described by deed to Santa Fe Realty Corporation, as recorded in Volume 89190, Page 3416 of the Deed Records of Dallas County, Texas, and being more particularly described as follows: BEGINNING at an intersection of the northwest line of Airline Drive and the northeast line of Freeport Parkway; THENCE Noah 36 degrees 37 minutes 50 seconds West, along the northeast line, a distance of 570.73 feet to the point of curvature of a ckcular curve to the right, having a radius of 226.59 feet; THENCE Northeasterly, along said northeast line through a central angle of 08 degrees 09 minutes 00 seconds and an arc distance of 32.23 feet to a point for a comer lying on a curve to the left, having a radius of 674.24 feet and whose chord bears North 38 degrees 36 minutes 39 seconds East; THENCE Northeasterly, along said curve to the left through a central angle of 07 degrees 19 minutes 35 seconds and an arc distance of 86.21 feet to a point for a comer; TItENCE North 34 degrees 56 minutes 51 seconds East, a distance of 126.18 feet to a point for a comer; THENCE South 89 degrees 28 minutes 58 seconds East, a distance of 363.72 feet to a point for a comer; THENCE North 34 degrees 56 minutes 51 seconds East, a distance of 207.35 feet to a point for a corner; 'THENCE South 55 degrees 03 minutes 09 seconds East, a distance of 302.49 feet to a point for a comer in the northwest line of Airline Drive, said point lying on a curve to the left, having a radius of 110.00 feet and whose chord bears South 41 degrees 03 minutes 37 seconds West; THENCE Southwesterly, along said northwest line and with said curve through a central angle 12 degrees 13 minutes 33 seconds and an arc a distance of 23.47 feet to a point for a comer; THENCE South 34 degrees 56 minutes 51 seconds West, continuing along said northwest line, a distance of 593.25 feet to the point of curvature of a circular curve to the right having a radius of 606.96 feet; -5- THENCE Southwesterly, continuing along said northwest line with said curve through a central angle of 18 degrees 25 minutes-19 seconds and an arc distance of 195.15 feet to a point for a comer; TH~ENCE South 53 degrees 22 minutes 10 seconds West, continuing along said northwest I/ne, a distance of 10.00 feet to the POINT OF BEGINNING AND CONTAINING 342,238 square feet or 7.857 acres of land more or less. Note: This description is based on record information and includes areas dedicated for public use (i.e., utility easements) and also includes area within the 100-year floodplain as shown on FIRM Maps 480170 0005, 480165 0005, and 480165 0050. TRACT 4 BEING a tract of land situated in the heirs of Joel Wilson Survey, Abstract No. 1555, Dallas County, Texas, and being all of a tract of land described in the Warranty Deed to Santa Fe Realty Corporation, recorded in Volume 89190, Page 4821 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at the intersection of the south line of Cotton Road (a 50-foot right-of-way) with the northeast line of Interstate Highway 635; THENCE South 89 degrees 26 minutes 41 seconds East, a distance of 1214.55 feet along the south line of Cotton Road to a point for a comer on the west line of a 554.56 acre tract conveyed to Secure Trusts, as described in the deed recorded in Volume 785, Page 1637 of said Deed Records; THENCE South 01 degrees 33 minutes 39 seconds West, departing said south line, a distance of 1227.17 feet along the west line of said Secure Trusts tract to a point for a coruer lying on the northeast line of Interstate Highway 635; THENCE North 37 degrees 46 minutes 59 seconds West, along the northeast line Interstate Highway 635, a distar!ce of 764.80 feet to a point for a comer; THENCE North 48 degrees 20 minutes 06 seconds West, continuing along said northeast line of Interstate Highway 635, a distance of 953.75 feet to the POINT OF BEGINNING AND CONTAINING 15.5722 acres or 678,325 square feet o[ land more or less. Note: This description is based on record information and includes areas dedicated for public use (i.e., road rights-of-ways and utility easements) and also includes area within the 100-year floodplain as shown on survey performed by Nathan D. Maler Consulting Engineers, Inc. dated 9-28-89. -7-