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OR 2006-1145 Eligibility of Zone 53 ORDINANCE NO. 2006-1145 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 53 (AMBERPOINT BUSINESS PARK BUILDINGS 4, 5 AND 6); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Coppell, Texas, has caused notice to be published in a newspaper having general circulation in the City and has delivered such notice to the presiding officer of the governing body of each taxing unit that includes in its boundaries real property described herein; and WHEREAS , the City Council of the City of Coppell, Texas, has conducted a public hearing on the designation of the area described herein as a reinvestment zone; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, DALLAS COUNTY, TEXAS THAT: SECTION 1: That the City Council of the City of Coppell, Texas finds that the area described herein will, if designated as a reinvestment zone, be reasonably likely to contribute to the retention or expansion of primary employment, or to attract major investment in the zone that will be of benefit to the property and contribute to the economic development of the City. The City Council further 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 the expiration of a tax abatement agreement. SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas Tax Code, the property described in Exhibit “A” attached hereto and made a part hereof for all purposes is hereby designated as a reinvestment zone and for identification is assigned the name “Reinvestment Zone No. 53 (Amberpoint Business Park Buildings 4, 5 and 6).” 1 67073 SECTION 3. That the property within Reinvestment Zone No. 53 is eligible for commercial-industrial tax abatement effective on January 1, 2006. SECTION 4. If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 5. That all provisions of ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. This ordinance shall take effect immediately from and after its passage, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the IZ~day of cf)p:( D.A-HL D.k) , 2006. A1TEST: ~ -& L B-~ITY soc:!oo.y 2 67073 EXHIBIT “A” LEGAL DESCRIPTION OF LAND LEGAL DESCRIPTION FIELD NOTES TRACT 2 BEING a 64.29 acre tract of land in the Jesse Moore Survey, Abstract No. 968, in the City of Coppell, Dallas County, Texas, and being a part of that tract of land described in deed to Ballantyne Jack, L.L.C., now known as AmberPoint at Coppell, L.L.C., a Delaware limited liability company, as recorded in Volume 2001173, Page 3803, deed Records of Dallas County, Texas (D.R.D.C.T.), and being all of Lot 2 of Block A of Amberpoint Business Park at Coppell, an addition to the City of Coppell as recorded in Volume 2002027, Page 00071, D.R.D.C.T., and being more particularly described by metes and bounds as follows: BEGINNING at a ½-inch iron rod with yellow plastic cap stamped “HALFF ASSOC. INC.” (hereafter referred to as “with cap”) set for the intersection of the east line of Northpoint Drive (variable width right-of-way, 60 feet wide at this point) with the south right-of-way line of Sandy Lake Road (variable width right-of-way) as dedicated by said plat of Amberpoint Business Park; THENCE South 89 degrees 44 minutes 26 seconds East, along said south right-of-way line, a distance of 1145.07 feet to a ½-inch iron rod with cap found for corner; THENCE South 00 degrees 15 minutes 34 seconds West, continuing along said south right-of- way line, a distance of 10.00 feet to a ½-inch iron rod with cap found for corner; THENCE South 89 degrees 44 minutes 26 seconds East, continuing along said right-of-way line, a distance of 265.56 feet to a ½-inch iron rod with cap found for corner at the intersection of said south right-of-way line with the west right-of-way line of State Road (variable width right-of- way) as dedicated by said plat of Amberpoint Business Park 35 foot wide dedication); THENCE South 00 degrees 13 minutes 41 seconds East, along said west right-of-way line, a distance of 1493.77 feet to a ½-inch rod with cap found for corner; THENCE South 00 degrees 31 minutes 15 seconds West, continuing along said west right-of- way line, a distance of 378.85 feet to a ½-inch iron rod with cap found for the intersection of said west right-of-way line of that tract of land described in Special Warranty Deed to the City of Coppell as recorded in Volume 96164, Page 207, D.R.D.C.T.; THENCE North 89 degrees 44 minutes 06 seconds West, departing said west right-of-way line and along said north line, a distance of 2479.88 feet to a ½-inch iron rod with cap found for corner on the southeasterly line of said Northpoint Drive for the point of curvature of a circular curve to the left having a radius of 447.80 feet, whose chord bears North 61 degrees 32 minutes 06 seconds East a distance of 68.46 feet; THENCE Northeasterly, along said southeasterly right-of-way line and said curve to the left, through a central angle of 08 degrees 46minutes 03 seconds for an arc distance of 68.52 feet to an “X” cut in concrete set for the point of reverse curvature of a circular curve to the right having a radius of 322.76 feet, whose chord bears North 63 degrees 10 minutes 07 seconds East a distance of 67.67 feet; THENCE Northeasterly, continuing along said south right-of-way line and along said curve to the right, through a central angel 12 degrees 02 minutes 05 seconds for an arc distance of 67.79 feet to a ½ inch iron rod found for the point of compound curvature of a circular curve to the right having a radius of 420.00 feet, whose chord bears North 79 degrees 35 minutes 53 seconds East a distance of 151.81 feet; THENCE Northeasterly, continuing along said south right-of-way line and along said curve to the right, through a central angle of 20 degrees 49 minutes 27 seconds for an arc distance of 152.65 feet to a ½-inch iron rod found for the point of tangency; THENCE South 89 degrees 59 minutes 23 seconds East, continuing along said south right-of- way line, a distance of 315.43 feet to a ½-inch iron rod with cap found for the point curvature of a circular curve to the left having a radius of 480.00 feet, whose chord bears North 45 degrees 02 minutes 07 seconds East a distance of 678.53 feet; THENCE Northeasterly, continuing along said southeasterly right-of-way line and along said curve to the left, through a central angle of 89 degrees 57 minutes 00 seconds for an arc distance of 753.56 feet to a ½-inch iron rod with cap found for the point of tangency; THENCE North 00 degrees 03 minutes 37 seconds East, along the east right-of-way line of said Northpoint Drive, a distance of 1307.49 feet to the POINT OF BEGINNING AND CONTAINING 2,800,665 square feet or 64.29 acres of land, more or less.