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RE 09-14-99.1 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 091499.1 A RESOLUTION OFTHE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF COPPELL, TEXAS AND TRANSWESTERN BELTLINE, L.P.; 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 among the City of Coppell, Texas and Transwestern Beltline, L.P., 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 finds 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. 9219 02551 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 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 fi.om and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on this the 14th day of September, 1999. CITY OF, COPPELL, TEXAS CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL/INTERIM CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ttl 7/15/99) 2 ss26144 99219 02552 STATE OF TEXAS § § TAX ABATEMENT AGREEMENT COUNTY OF DALLAS § This Tax Abatement Agreement (the "AGREEMENT") is entered into by and between the City of Coppell, Texas (the "CITY"), duly acting herein by and through its Mayor, and Transwestem Beltline, L.P. ("TRANSWESTERN"), acting by and through its 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. 7 (the "ZONE"), for commercial/'mdustrial tax abatement, as authorized by the Property Redevelopment and Tax Abatement 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 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, TRANSWESTERN's development efforts described herein will create permanent new jobs in the CITY; and WHEREAS, the City Council finds that the contemplated use of the PREMISES (hereinafter 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 WHEREAS, the City Council finds that the improvements sought are 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 TAX ABATEMENT AGREEMENT - Page 1 ss26141 99219 02553 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 TRANSWESTERN, the proposed owner of the PREMISES within the Tax Abatement Reinvestment Zone for the abatement of taxes pursuant to Chapter 312 of the TAX CODE as amended; NOW, TltEREFORE, 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: GENERAL PROVISIONS 1. TRANSWESTERN is the owner of the real property described in Exhibit "A" attached hereto and made a part hereof for all purposes (the "PREMISES" hereinafter defined), which real property is located within the city limits of the CITY and within the ZONE. 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 the TAXABLE VALUE for the PREMISES is at least Five Million Five Hundred Thousand Dollars ($5,500,000) 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) years, the CITY hereby grants TRANSWESTERN an abatement of seventy-five percent (75%) of the TAXABLE VALUE of the PREMISES. 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/1999). 7. The period of tax abatement herein authorized shall be for a period of five (5) years. TAX ABATEMENT AGREEMENT - Page 2 ss26141 99219 0255t 8. During the period of tax abatement herein authorized, TRANSWESTERN shall be subject to all CITY taxation not abated, including but not limited to, sales tax and ad valorem 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 but excluding TANGIBLE PERSONAL PROPERTY, and 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 TAXABLE VALUE shall mean the total assessed taxable value for the PREMISES for the year in which the Tax Abatement Agreement is executed (1999). E. The FIRST YEAR OF THE TAX ABATEMENT shall mean January 1 of the calendar year immediately following the issuance of a certificate of occupancy for the IMPROVEMENTS. F. TANGIBLE PERSONAL PROPERTY shall mean tangible personal property, equipment 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 TRANSWESTERN's existence as a going business, insolvency, appointment of receiver for any part of TRANSWESTERN'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 TRANSWESTERN and such proceeding is not dismissed within thirty (30) days atter the filing thereof. TAX ABATEMENT AGREEMENT - Page 3 ss26141 99219 02555 IMPROVEMENTS 10. TRANSWESTERN owns the real property described in Exhibit "A" and agrees to construct or cause to be constructed thereon an office/warehouse facility consisting of Building A of at least 105,600 square feet and Building B of at least 135,200 square feet for a total of at least 240,800 square feet (and other ancillary facilities such as reasonably required parking and landscaping more fully described in the submittals filed by TRANSWESTERN with the CITY from time to time in order to obtain a building permit) known as (the "IMPROVEMENTS"). The cost of the IMPROVEMENTS including the land shall be at least Sixteen Million Dollars ($16,000,000). Nothing in this AGREEMENT shall obligate TRANSWESTERN to construct the IMPROVEMENTS on the PREMISES, but said action is 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, TRANSWESTERN will diligently and faithfully, in good and workmanlike manner, commence construction on or before August 1, 1999 and pursue the completion of the contemplated IMPROVEMENTS on or before December 31, 2000, 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 TRANSWESTERN shall have such additional time to complete and maintain the IMPROVEMENTS as may be required in the event of"Force Majeure," if TRANSWESTERN is diligently and faithfully pursuing completion of the IMPROVEMENTS. For this purpose, "Force Majeure" shall mean any contingency or cause beyond the reasonable control of TRANSWESTERN including, without limitation, acts of God or the public enemy, war, riot, civil commotion, insurrection, adverse weather, government or de facto govemmental action (unless caused by acts or omissions of TRANSWESTERN), fires, explosions or floods, strikes, slowdowns or work stoppages. 12. TRANSWESTERN agrees to maintain the IMPROVEMENTS during the term of this AGREEMENT in accordance with all applicable state and local laws, codes, and regulations. TRANSWESTERN agrees that the IMPROVEMENTS shall be used only as an office/warehouse facility for a period of five (5) years commencing on the date a 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 IMPROVEMENTS at reasonable times and with reasonable notice to TRANSWESTERN, and in accordance with TRANSWESTERN'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 ss26141 99219 02556 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, TRANSWESTERN shall certify in writing to the CITY the construction cost of the IMPROVEMENTS. TRANSWESTERN 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 in the manner (i) that is consistent with the City's Comprehensive Zoning Ordinance, 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. TRANSWESTERN agrees to provide to any tenants of the PREMISES, the benefit of the abatement of real property taxes granted herein. TRANSWESTERN shall, upon written request, provide the CITY with satisfactory evidence that the benefits of this AGREEMENT have been provided to the tenants if any of the PREMISES. DEFAULT: RECAPTURE OF TAX REVENUE 18. In the event TRANSWESTERN fails in performance of any of the 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) has any delinquent ad valorem or State sales taxes owed to the CITY with respect to the PREMISES (provided TRANSWESTERN retains its right to timely and properly protest such taxes or assessment); (iii) upon the occurrence of any "Event of Bankruptcy or Insolvency"; or (iv) breaches any of the terms and conditions of this AGREEMENT, then TRANSWESTERN, 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, TRANSWESTERN 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 that any property tax revenue lost, including interest as a result of this AGREEMENT, shall be recoverable against TRANSWESTERN, 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 TRANSWESTERN of any obligations under this AGREEMENT, the CITY shall notify TRANSWESTERN in writing. TRANSWESTERN shah 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 thirty (30) day pedod, and TRANSWESTERN has diligently pursued such remedies as TAX ABATEMENT AGREEMENT - Page 5 s826141 99219 02557 shall be reasonably necessary to cure such default, then the CITY may extend the period in which the violation must be cured. 20. If TRANSWESTERN 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 fight to terminate this AGREEMENT by written notice to TRANSWESTERN. 21. 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 abatement hereunder was received by TRANSWESTERN 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. ANNUAL APPLICATION FOR TAX EXEMPTION; RENDmON 22. It shall be the responsibility of TRANSWESTERN, 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 sims. A copy of the exemption application shall be submitted to the CITY. 23. TRANSWESTERN shall annually render the values of the PREMISES 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, administrators, legal representatives, successors, and assigns. This AGREEMENT may be assigned with the consent of the CITY. After any permitted assignment, all references to TRANSWESTERN herein shall thereafter be a reference to TRANSWESTERN's successor with respect to any obligations or liabilities occurring or arising after the date of such assignment. 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 $s26141 99219 02558 If intended for TRANSWESTERN, to: Attn: Henry J. Knapek Transwestem Beltline, L.P. 12221 Merit Drive Suite 450 Dallas, Texas 75251 If intended for CITY, to: City of Coppell, Texas City Manager P. O. Box 478 Coppell, Texas 75019 CITY 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. SEVERABILITY 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. COUNTERPARTS 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 30. 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. TAX ABATEMENT AGREEMENT - Page 7 ss26141 99219 02559 3 1. The provisions of this AGREEMENT are hereby declared covenants running with the PREMISES and are fully binding on all successors, heirs, and assigns of TRANSWESTERN who acquire any fight, title, or interest in or to the property, or any part thereof. Any person who acquires any right, 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 AGREEMENT with respect to the right, title or interest in such property. RECORDATION OF AGREEMENT 32. A certified copy of this AGREEMENT shall be recorded in the Deed Records of Dallas County, Texas. INCORPORATION OF RECITALS 33. The determinations recited and declared in the preambles to this AGREEMENT are hereby incorporated herein as part of this AGREEMENT. EXHIBITS 34. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes wherever reference is made to the same. CONSTRUCTION 35. 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. TRANSWESTERN acknowledges that it has obtained legal counsel to assist in the preparation of this AGREEMENT and that TRANSWESTERN 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. EXECUTED in duplicate originals this the 21st day of September,1999. CITY OF COPPELL, TEXAS CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, INTERIM CITY SECRETARY TAX ABATEMENT AGREEMENT - Page 8 ss26141 99219 02560 AGREED AS TO FORM: PETER G. SMITH, CITY ATTORNEY EXECUTED in duplicate originals this the 26th day off JULY , 1999. TAX ABATEMENT AGREEMENT - Page 9 ss26141 99219 02561 CITY'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS This instrument was acknowledged before me on the 21st day of SEPTEMBER1999, by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said municipality. Libby Ball Notary Public, State of Texas My commission Expires: 6-11-2000 TAX ABATEMENT AGREEMENT - Page 10 $s26141 99219 02562 TRANSWESTERN'S ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on the 26th day of July, 1999 by Henry Knapek being the Senior V.P. of Transwestern Beltline, L.P., on behalf of said partnership. Notarypublic, State of Texas My Commission Expires 3/16/03 TAX ABATEMENT AGREEMENT - Page 11 ss26141 99219 02563 FIELD NOTES 9EING A TRACT OF LAND SITUATED ~N THE COROELI*" BOWEN SURVEY. ABSTRACT NO. 56. CITY OF COPPELL. 0ALLAS COUNTY, TEXAS, ANO BEING ALL OF A TRACT OF LANO 0[SC~SED ~ 0EED TO T~ANS~ESTERN BELTL~NE. L.P. ~S RECORDED ~ VOL. 98248. PG. 721. ~NO ~LS0 8RING 0ESCRIBED ~N DEE0 T0 ~ZOS BELTL~ 0EVELOPMENT. INC. ~S RECOROED ~N VOL. 95248. PC. 0546. A~ ~LS0 ~[~NG A PART OF 'TRACT I' ~S DESCRIBED 8Y 0EED TO MCDLF HOLDING COMPANY. RECOROED N VOLUME ~0150. P~C[ ~511 0F THE DEED RECORDS. 0~LLAS COUNTY. TEXAS AND BEING MORE PARTICULARLY DESCRIBED ~S ~0LLO~S: BEOINNINC AT A~2' FOUN0 IRON ROD FOR THE INTERSECTION OF THE WEST LiNE 0F BELT LINE ROAD (A VSRIASLE WIDTH RI~T-OF-~AY)AND THE NORTH LINE OF LAKESHOR[ DRIVE (A ~0 FOOT RIGHT-0F-~AY AT THIS POINT). A DEDICATED STREET iN NORTHLAKE 635 BUSINESS PAR~. AN AD01TiON TO THE CITY 0F COPPELL. TEXAS ACC0~01NG T0 THE PLAT RECORDED iN ~LUME 85056. PAGE 3358. ~[O RECOROS. DALLAS · ~0UNTY. TEXAS= T~ENCE ~ITH THE NORTH, NORTHEAST AN0 EAST LINES 0F SAI0 LAKESHORE 0RW[ THE NCRTH 89 0ECREES ~0 MINUTES OO SEC0NOS WIST, 185.5a ~EET TO ~ ~/~' FOUN0 ~RON ~0R TH~ POINT 0F CU~~LAR CuRvE T0 THE LEFT HAVING A CENTRAL ~NCL[ OF alTN SAID CURVE IN A WESTERLY OIRECTION IN ~RC 01STANCE 0F 6T.2~ ~[[T TO I ~/Z' FOUN0 IRON ROD WITH PO~[LL ANO P0WELL CAP (I/Z' FOUN0 IRON R00 WITH CAP1 FOR THE POINT 0F TANCENCY (LAKESHOR[ DRIVE A 60 FOOT RIGHT-OF-WAY AT THIS POINT): NO~TH ~9 DEGREES 30 MINUTE5 00 SECONOS WEST. ~88.27 FEET TO 4 '/~' FOUN0 IRON RD0 ~ITH CAP THE POINT 0F CURVATURE 0F ~ CIRCULAR CURVE T0 T~E RIGHT HAV~N~ A CENTRAL ANGLE 0F 52 WITH SAID C~VE IN A NORTHWESTERLY D~RECTION AN ~RC DISTANCE OF 295.37 FEET T0 ~ ~:' ~0UND IRON RO0 WITH C~P FOR THE POINT OF TANCENCY: NORTH ]G 0[GREES 3G MINUTES 5~ SECONOS ~[ST. ~98.49 FEET TO A ~/2' FOUND IRON FOR THE POINT CF CURVATURE OF A CIRCULAR CURVE T0 THE RIGHT HAVING A CENTRAL *NGL[ 0F ~7 DEGREES 0G MINUTES 53 SECONDS ANOn RA01US 0F ]20.00 alT, 3A:D CURVE ~N A NORTHERLY DIRECTION AN ~RC DISTANCE OF 20T.29 FEET T0 A~/~' F0~N0 IRON ~00 FOR THE POINT OF TAN~[NCYj NORTH 00 0E,SREES 50 MINUTES O0 5ECONDS EAST. 556.1] FEET T0 A~/Z'~0UND IEON R00 YELC0W PLASTIC CAP STAMPED 'H4LFF ASS0C.. INC.' FOR A CORNER &T THE rNTEPSECTION 0F S~I0 [~ST LINE 0F LAKESHOR/ 0RIVE AND A L~N[ 5 FOOT NORTH OF ~N0 P~RALLEL T0 THE NORTH LiNE OF A 50 FOOT OPEN CHANNEL O~AINAG[ EASEMENT. A THENCE 0EP~RT~NC ~AJ0 EAST LiNE AND WITH SAID PnRALLEL LINE THE FOLLOWING: SOUTH S9 DEGREES ~0 MINUTES O0 SECON0S E~ST. 629.4~ FEET T0 A '/2' FOUNO IRON RD0 ~ITH YELL0W PLASTIC CAP STAMPED 'HALFF ~SSOC.. I~.' .(1/2' ~R)FOR THE POINT OF CURVATURE 0F C:~CuL~R CUDV[ T0 THE LEFT. MAWNG A CENTRAL aNGLE OF 27 DEGREES 17 MINUTES 5~ SECONOS AND ~ ~DIUS 0F 470.00 FEET: R00 WITH YELLOW PLASTIC CAP STAMPED 'HALFF ASSOC.. INC.' (1/~' F~R) FOR THE POINT OF ~[VERSE CURVATURE 0~ ~ C,RCULAR CURVE TO THE RIOHT. HAVING A CENTRAL ~NGLE OF 27 DEGREES 17 MINUTES 51 SECON0S AND ~ RADIUS 0F 5~0.00 FEET~ WITH S~lo CURVE ;N ~N EASTERLY 01RECTION. ~N ARC DISTANCE OF 252.51 FEET TO ~ ~/='FOUN0 IRON R00 ~ITH YELLOW PLASTIC CAP STAMPED 'HALFF ASSOC.. ~NC.' (1/~' ~IR} FOR THE POINT 0F TANGENCY: SOUTH 89 ~EGREES 30 MINUTES O0 SECON0S [&ST. 168.~7 FEET TO A~z' FOUND mRON ROD WITH YELLOW PLASTIC CAP STAMPED 'HALFK ASSOC.. INC.' (I/2' FIR)FOR A CORNER &T THE INTERSECTION OF SAI0 ~R~LLEL LINE ~NO THE S~tO ~EST LiNE 0F BELT LINE ROAD. ~HtCH ~E~RS NORTH OD 0EGREES ~0 MINUTES 00 SECONDS EAST. ~ DIS~NC[ 0F ~O.00 FEET FROM A~/Z' ~0UNO ~RON ~00 ~ITH CAP AT THE INTERSECT~0N 0~ THE CENTER L~NE OF SAiD 50 FOOT EASEMENT AND THE SAIO WEST LINE 0F BELT ~tNE ~OlO. THENCE S0ur~ 00 DE~REES 30 M~NUTES 00 SECONOS ~EST.~235.26 FEEr.~T~ TWE S~ID ~EST UNE 0F ~ELT L;NE ~0~O. T0 ~ ~,~' FOUND iRON RO0 ~ITH YELLO~ PLASTIC C~P STAMPED 'HALF~ ~SSOC..)NC.' (I/2'FmR) FOR A CORNER: THENCE SOUTH l0 DEGREES 48 MmNUTES 36 SECONDS EAST 56.09 FEET. W,TH THE SAID wEST LiNE 0F ~[LT kiNE R0~0. T0 THE PLACE 0F BEOmNNINC AN0 CONTAINING 1.430.213 SOb~RE FEET OR ~2.83 ICRES 0F L~N0, MORE OR LESS. SURVEYOR'S EXHIBIT "A" 99 NOV - 9 AH I!: 3 7 ,., provision herein which restff~ts the sale. renta,, or use · described real prope~ because of co1¢ m race Is InvaliQ L~ )' '~2'~ ~ UCK STATE OF TEXAS COU~ OF DAL~S f4 N ~ ~. ~ stamped hereon by me and was duly rec~d~ in the v~lume page of the named reco[d~ ~f Daltas Goun~ T~ ~ ~m~ NOV g ~ COUN~ C~R~ Dallas Count, T~ · ' ~:'~::'::'-.~: ' PO~x 4~