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RE 2006-1212.3 5'\~ 1111111111111111111111111111111111111111111111111111/1111/1/11//1 RESOLUTIC20070018864 ./ 17 PGS RESOLUTION NO. 2.DOb- /2/2. 3 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 DUKE REALTY/COMPUTER SCIENCES CORPORATION; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Coppell, Texas and Duke Realty/Computer Sciences Corporation, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and fmds 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 Coppell, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Coppell' Texas, 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 Coppell, Texas. SECTION 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. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City ofCoppell, Texas. 1 11892 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 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. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the /~ay ofd~2006. ATTEST: ~~ LIBBYB CITY SECRETARY 2 11892 STATE OF TEXAS ~ ~ ~ Tax Abatement Agreement COUNTY OF DALLAS This Tax Abatement Agreement (the "Agreement") is entered into by and among the City of Coppell, Texas (the "City"), Texas Dugan Limited Partnership ("Owner") and Computer Sciences Corporation, a Nevada Corporation ("Lessee"), acting by and through their authorized representatives. WIT N E SSE T H: WHEREAS, the City Council of the City of Coppell, Texas, (the "City"), passed an Ordinance (the "Ordinance") establishing Tax Abatement Reinvestment Zone No. 56 (the "Zone"), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312 ofthe 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 City has adopted a resolution stating that it elects to be eligible to participate in tax abatement; and WHEREAS, 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 Guidelines and the Tax Code; and WHEREAS, Owner owns or is under contract to purchase the real property described in Exhibit "A" ("Land") and intends to construct an office building, containing at least 51,000 square feet of office space, (hereinafter defmed as the "Improvements") on the Land; and WHEREAS, Lessee has leased or is under contract to lease at least 40,000 square feet of space within the Improvements (the "Leased Improvements"), and intends to locate Tangible Personal Property (hereinafter defmed) at the Improvements; WHEREAS, development efforts of Owner and Lessee described herein will create permanent new jobs in the City; and WHEREAS, the City Council fmds that the contemplated use of the Premises, the contemplated Improvements 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 Coppellffexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 1 71346 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 WHEREAS, the City Council finds that the Improvements sought are feasible and practicable and would be of benefit to the Premises to be included in the Zone and to the City after expiration of this Agreement; and WHEREAS, 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 Owner and Lessee for the abatement of taxes pursuant to Chapter 312 of 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 contributes to the economic development of Coppell and the enhancement of the tax base in the City, the parties agree as follows: Article I Definitions Wherever used in this Agreement, the following terms shall have the meanings ascribed to them: "Base Year Taxable Value" shall mean the Taxable Value for the year in which the Tax Abatement Agreement is executed (2006). "Commencement of Construction" shall mean that: (i) the construction plans for the Improvements have been prepared and all approvals thereof required by applicable governmental authorities have been obtained; (ii) all necessary permits for construction of the Improvements pursuant to the respective plans therefore having been issued by all applicable governmental authorities; and (iii) preparation of the Land or grading has commenced. "Completion of Construction" shall mean: (i) substantial completion of the Improvements; and (ii) the first final permanent certificate of occupancy has been issued for the Lessee's occupancy of the Improvements. "Effective Date" shall mean the last date of execution of this Agreement. "Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of a party's existence as a going business, insolvency, appointment of receiver for any part of a party's property and such appointment is not terminated within ninety (90) days after such appointment is initially made, any general assignment for the benefit of creditors, or the Coppellffexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 2 71346 commencement of any proceeding under any bankruptcy or insolvency laws by or against such party, and such proceeding is not dismissed within ninety (90) days after the filing thereof. "Expiration Date" shall mean February 1 of the calendar year following the 5th anniversary date of the First Year of Abatement. "First Year of Abatement" shall mean January 1 of the calendar year immediately following the date of issuance of the first final permanent certificate of occupancy for the Lessee's occupancy of the Improvements. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto governmental action (unless caused by acts or omissions of such party), fires, explosions or floods, strikes, slowdowns or work stoppages. "Improvements" shall mean an office building containing at least 51,000 square feet of office space (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by Owner with the City from time to time in order to obtain a building permit). "Land" means the real property described in Exhibit A. "Lease" shall mean the lease of at least 40,000 square feet of office space in the Improvements by Lessee with a lease inception date of no later than January 1, 2007. "Lessee" shall mean Computer Sciences Corporation, aNevada Corporation. "Leased Improvements" shall mean Lessee's lease of at least 40,000 square feet of office space in the Improvements. "Owner" shall mean Texas Dugan Limited Partnership. "Premises" shall collectively mean the Land and Improvements, following construction thereof. "Tangible Personal Property" shall mean tangible personal property, equipment and fixtures, other than inventory or supplies, owned or leased by Lessee that is added to the Improvements subsequent to the execution of this Agreement. "Taxable Value" shall mean the appraised value as determined by the appraisal district for a given year. Coppellffexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 3 71346 Article II Term The term of this Agreement shall begin on the Effective Date and shall continue until the Expiration Date, unless sooner terminated as provided herein. Article III General Provisions 3.1 Owner is the owner of, or is under contract, to purchase the Land, which Land is located within the city limits of the City and within the Zone, and intends to construct the Improvements on the Land. Lessee intends to lease at least 40,000 square feet of office space in the Improvements and to locate Tangible Personal Property at the Improvements. 3.2 The Premises are not in an improvement project financed by tax increment bonds. 3.3 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the City. 3.4 The Premises is not owned or leased by any member of the Coppell City Council or any member of the Coppell Planning and Zoning Commission. Article IV Tax Abatement Authorized 4.1 This Agreement is authorized by the Tax Code and in accordance with the City Tax Abatement Guidelines, and approved by resolution of the City Council. 4.2 Subject to the terms and conditions of this Agreement, and provided the Taxable Value of the Improvements, excluding the Land, is at least $5.5 Million Dollars, as of the First Year of Abatement and as of January 1 of each year thereafter for a total period of five (5) consecutive calendar years, the City hereby grants Owner an abatement of eighty percent (80%) of the Taxable Value of the Improvements. Subject to the terms and conditions of this Agreement, and provided the Taxable Value of the Tangible Personal Property, is at least $5.5 Million Dollars, as of the First Year of Abatement and as of January 1 of each year thereafter for a total period of five (5) consecutive calendar years, the City grants Lessee an abatement of eighty percent (80%) of the Taxable Value of the Tangible Personal Property for a period of five (5) consecutive years, beginning with the First Year of Abatement. The actual percentage of Taxable Value of the Improvements, subject to abatement will apply only to the portion of the Taxable Value of the Improvements that exceeds the Base Year Taxable Value of the Improvements. The actual percentage of the Taxable Value of the Tangible Personal Property subject to abatement will apply only to tangible personal property added to the Premises after this Agreement is executed. 4.3 The period of tax abatement for the Improvements shall be for a period of five (5) consecutive years. Coppellffexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 4 71346 4.4 During the period of tax abatement herein authorized, Owner shall be subject to all taxation not abated, including but not limited to, sales tax and ad valorem taxation. Article V Improvements Owner owns or is under contract to purchase the Land, and agrees to construct Improvements on the Land. Nothing in this Agreement shall obligate Owner to construct the Improvements on the Land and/or for Lessee to locate Tangible Personal Property at the Improvements but said actions are conditions precedent to tax abatement pursuant to this Agreement. Article VI Construction of the Improvements 6.1 As a condition precedent to the initiation tax abatement pursuant to this Agreement, Owner agrees, subject to events of Force Majeure, to cause Commencement of Construction of the Improvements to occur within six (6) calendar months after the Effective Date, and to cause Completion of Construction of the Improvements to occur within eighteen (18) calendar months thereafter, 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). 6.2 Owner and Lessee each agree to maintain the Improvements during the term of this Agreement in accordance with all applicable state and local laws, codes, and regulations. Owner and Lessee each agree that the Improvements shall be used on! y as office building for a period of at least five (5) years commencing with the First Year of Abatement. 6.3 The City, its agents and employees shall have the right of access to the Premises during construction to inspect the Improvements at reasonable times and with reasonable notice to Owner and Lessee, and in accordance with Owner's and Lessee'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). Article VII General Requirements 7.1 Construction plans for the Improvements to be fIled with the City, shall be deemed to be incorporated by reference herein and made a part hereof for all purposes. 7.2 Owner and Lessee shall each before May 1, of each calendar year that the Agreement is in effect, certify in writing to the City that such party is in compliance with each term of the Agreement. 7.3 The Land 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) Coppell/fexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 5 71346 that, during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Zone. Article VIII Default: Recapture of Abated Tax 8.1 In the event: (i) Owner fails to complete the Improvements in accordance with this Agreement or in accordance with applicable State or local laws, codes or regulations; (ii) Owner or Lessee has delinquent ad valorem or sales taxes owed to the City with respect to the Premises (provided such party retains its right to timely and properly protest such taxes or assessments); (iii) Owner or Lessee has an "Event of Bankruptcy or Insolvency"; or (iv) Owner or Lessee breaches any of the terms and conditions of this Agreement, then such party (the "Defaulting Party"), 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, the Defaulting Party shall, within thirty (30) days after demand, pay to the City all taxes which otherwise would have been paid by the Defaulting Party to the City without benefit of a tax abatement for the Defaulting Party's property the subject of this Agreement, 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 abated tax, including interest as a result of this Agreement, shall be recoverable against the Defaulting Party's property the subject of this Agreement and shall become due, owing and shall be paid to the City within thirty (30) days after termination. 8.2 Upon breach by Owner and/or Lessee of any obligations under this Agreement, the City shall notify the "Defaulting Party" and the "Non-Defaulting Party" in writing. The Defaulting Party shall have thirty (30) days from receipt of the notice in which to cure any such default. The non-defaulting party shall have the right, but not the obligation, to cure the default of the "Defaulting Party". If the default cannot reasonably be cured within a thirty (30) day period, and the Defaulting Party 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. 8.3 If the Defaulting Party or the non-defaulting party fails to cure the default within the time provided as specified above or, as such time period may be extended, then the City at its sole option shall have the right to terminate this Agreement with respect to the "Defaulting Party" by written notice to the Defaulting Party. For illustration purposes only, in the event that this Agreement is terminated with respect to Lessee such that Lessee is no longer entitled to tax abatement for its Tangible Personal Property under this Agreement, this Agreement shall remain in full force and effect for the Owner and the tax abatement of the Improvements shall not be affected thereby. 8.4 Upon termination of this Agreement by City with respect to a Defaulting Party, all tax abated as a result of this Agreement with respect to such Defaulting party and such Defaulting Party's property the subject 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 delinquent property tax. Coppellffexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 6 71346 The City at its sole discretion has the option to provide a repayment schedule. The computation of the abated tax for purposes of the Agreement shall be based upon the full Taxable Value of the Improvements or the Tangible Personal Property, as the case may be, without tax abatement for the years in which tax abatement hereunder was received by the Defaulting Party with respect to the Improvements or Tangible Personal Property, as the case may be, as determined by the Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax Assessor- Collector respectively. 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. Article IX Miscellaneous 9.1 Annual Application For Tax Exemption. It shall be the responsibility of the Owner and Lessee pursuant to the Tax Code, to each file a...ll annual exemption application form with the Chief Appraiser for the Appraisal District in which the eligible taxable property has situs. A copy of the exemption application shall be submitted to the City upon request. 9.2 Notice. 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 or overnight delivery: If intended for Owner: Attn: Jeff Turner Texas Dugan Limited Partnership 5495 Beltline Road Coppell, Texas 75254 With copy to: Attn: Corporate Counsel (Texas Market) Dugan Realty Corporation 6133 North River Road Suite 200 Rosemont, IL 60018 If intended for Lessee, to: Computer Sciences Corporation 2100 E. Grand Avenue EI Segundo, CA 90245 Attn: Jim Peterman Coppell/fexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 7 71346 If intended for City, to: Attn: City Manager City of Coppell, Texas P. O. Box 478 Coppell, Texas 75019 With copy to: Peter G. Smith Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Uncoln Plaza 500 N. Akard Dallas, Texas 75201 9.3 City Council Authorization. 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. 9.4 Severability. 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. 9.5 Governiru!: Law. 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. The parties agree to submit to the personal and subject matter jurisdiction of said court. 9.6 Counterparts. 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. 9.7 Entire A2reement. 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. 9.8 Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 9.9 Exhibits. All exhibits to this Agreement are incorporated herein by reference for all purposes wherever reference is made to the same. 9.10 Chamber of Commerce. During the term of this Agreement, Owner and Lessee each agree to maintain continuous corporate membership in the Coppell Chamber of Commerce. Coppellffexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 8 71346 9.11 Assie:nment. This Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This Agreement may not be assigned with the prior written consent of the City Manager. 9.12 Conditions Precedent. This Agreement is subject to and conditioned upon: (i) Owner closing its purchase of the Land on or before December 1, 2006; (ii) Lessee and Owner entering into the Lease on or before January 1, 2007; and (iii) Lessee occupancy of the Leased Improvements on or before January 1, 2007. By: 2006. EXECUTED in duplicate originals . Attest: ~~.4LL- 'bby B City Secretary Coppellffexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 9 71346 EXECUTED in duplicate originals this the fJ'" day of ~ ,2006. TEXAS DUGAN LIMITED PARTNERSHIP, a Delaware limited partnership By: DUGAN GENERAL PARTNER LLC, a Delaware limited liability company, its general partner By: DUGAN TEXAS LLC, a Delaware limited liability company, its sole member By: DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership, its manager By: DUKE REALTY CORPORATION, an Indiana corporation, its gen al partner By: ey D. Turner Senior Vice President EXECUTED in duplicate originals this the ~day of -U~c.lE'tfoliEll ,2006. COMPUTER SCIENCES CORPORATION, a Nevada corpor By: Name: Title: Coppell/Texas Dugan Limited Partnership/Computer Sciences Corp./Tax Abatement Agreement -Page 10 71346 City's Acknowledgment State of Texas ~ ~ County of Dallas ~ This instrument was acknowledged before me on the I z. ~ay o~ 2006, by Douglas N. Stover, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. My Commission Expires: LIBBY BALL Notary Publlt State of Texas Comm. Expires 06-11-2008 Owner's Acknowledgment State Of Texas ~ ~ ~ County of Dallas Before me, the undersigned, a notary public in and for said county and state, on this day personally appeared Jeffrey d. Turner, senior vice president of duke realty corporation, an Indiana corporation, known to me as the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Texas Dugan limited partnership, and that he executed the same as the act of such corporation in its capacity as general partner of duke realty limited partnership, acting in its capacity as manager of Dugan Texas LLC, as sole member of Dugan Texas general partner LLC, in its capacity as general partner of Texas Dugan limited partnership, for the purposes and consideration therein expressed, and in the capacity therein stated. r,:-y. "HIU',,~ "~,,Xl' '" ~;~t) ALLISON W, KELLEY \~~.J.~J Notary Public, State Dr ThxIS . "(tiiWW My Commission expires 02-07-08 l'fIUllt.. My Commiss ~ Coppellffexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 11 71346 Lessee's Acknowledgment Stateof~ ; County or! ~ ~ ~ This instrument was acknowledged before me on the 011 J' day of /J,J-dl-",'/ , 2006, by T, ~. =7= being the ~ ~ of Computer Sciences Corporation, a Nevada co oration, on behalf of said corporation. ~f~ Notary Public, State of My Commission Expires: ~~ It- d-o 10 I r-Tri- ::::-r- - - -1 ... c=..~::=. I Notary PublIc . Caltfomlo I I LOI AngeIe. County _ ~ ~ ~ _~_.liiIJ Coppellffexas Dugan Limited Partnership/Computer Sciences Corp.rrax Abatement Agreement -Page 12 71346 Exhibit "A" Legal description FREEPORT VIII Lot 4R, Block A, Freeport North Addition City of Coppell, Dallas County, Texas DESCRIPTION, of a 6.405 acre tract of land situated in the William K. Payne Survey, Abstract No. 1140 and the J.T. Thweatt, Survey Abstract No. 1753, Dallas County, Texas, said tract being a portion of Freeport North, an addition to the City of Coppell, Texas according to the plat recorded in Volume 84203, Page 1835 of the Deed Records of Dallas County, Texas, and being a portion of the same tract of land described in Special Warranty Deed to Texas Dugan Limited Partnership recorded in Volume 2000251, Page 2685 of the Deed Records of Dallas County, Texas; said 6.405 acre tract being more particularly described as follows; BEGINNING, at a point for comer; said point being in the southwest right-of-way line of Royal Lane (a 100 foot wide right-of-way); said point also being the northwest comer of Gulf United Industries Addition, an addition to the City of Coppell, Texas according to the plat recorded in Volume 95054, Page 4906, of the Deed Records of Dallas County, Texas; THENCE, in a southerly direction, departing the said southwest line of Royal Lane and along the west line of said Gulf United Industries Addition, the following three (3) calls; South 20 degrees, 53 minutes, 57 seconds West, a distance of 28.13 feet to a 1I2-inch iron rod found; said point being the beginning of a tangent curve to the left; In a southerly direction along the said curve to the left, having a central angle of 21 degrees, 29 minutes, 59 seconds, an arc distance of 281.43 feet, a radius of 750.00 feet, and a chord bearing and distance of South 10 degrees, 28 minutes, 18 seconds West, 279.78 feet, an arc distance of 281.43 feet to a point for comer at the end of said curve; South 00 degrees, 16 minutes, 41 seconds East, a distance of 225.97 feet to a point for comer; said point being the northeast comer of Lot 1, Block 1, Cici's Addition, an addition to the City of Coppell, Texas according to the plat recorded in Volume 99124, Page 170 of the Deed Records of Dallas County, Texas; THENCE, North 89 degrees, 32 minutes, 04 seconds West, departing the said west line of the Gulf United Industries Addition and along the north line of the said Lot 1 of Cici's Addition, a distance of 408.83 feet to a point for comer; said point being the southeast comer of Lot 1, Block A, Freeport North, an addition to the City of Coppell, Texas according to the plat recorded in Volume 2001132, Page 37 of the Deed Records of Dallas County, Texas; THENCE, is a northerly direction, departing the said north line of Cici's Addition and along the east line of said Lot 1, of Freeport North, the following four (4) calls: North 00 degrees, 03 minutes, 45 seconds West, a distance of 368.65 feet to a 1/2-inch iron rod with "Pacheco Koch" cap found for comer at an interior "ell" comer; South 89 degrees, 56 minutes, 15 seconds West, a distance of 20.00 feet to a point for comer at an exterior "ell" comer; North 00 degrees, 03 minutes, 45 seconds West, a distance of 376.75 feet to a "+" cut in concrete found at an angle point; North 45 degrees, 03 minutes, 47 seconds East, a distance of 41.48 feet to a "+" cut in concrete found in the said southwest line of Royal Lane; said point being the beginning of a non-tangent curve to the left; THENCE, in a southeasterly direction and along the said southwest line of Royal Land, and along said curve to the left, having a central angle of 20 degrees, 35 minutes, 39 seconds, a radius of 1050.00 feet, and a chord bearing and distance of South 58 degrees, 28 minutes, 50 seconds East, 375.38 feet, an arc distance of 377.41 feet to a 1/2-inch iron rod with "DA" cap found at the end of said curve; THENCE, South 68 degrees, 46 minutes, 40 seconds East, continuing along the said southwest line of Royal Lane, a distance of 150.24 feet to the POINT OF BEGINNING. CONTAINING, 278,998 square feet or 6.405 acres of land, more or less. R -e +v- r VI -{-D: C l'~ or liJpp-e II po BD)( C}tf7CO vPP< II, IX '7<;;'o(cj A-t~. ~ [t.A C'/ & t{ cl'1 FILED AND RECORDED ~ I~~~\ OFFICIAL PUBLIC RECORDS (~~' ~ 4'~ \<SJ. ~ 7" <'i'F; Of ,,'it John F. Warren, County Clerk Dallas County TEXAS January 12, 2007 04:24:10 PM FEE: $76.00 20070018864