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OR 92-543 Assessment/Service Plan Gateway Public Improvement District ORDINANCE NO. 92543 AN ORDINANCE APPROVING AN ASSESSMENT/SERVICE PLAN AND AN ASSESSMFNT ROLL FOR COPPF. 1.1. GATEWAY PUBLIC IMPROVEMENT DISTRICT, I.F. VYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT PROVIDING FOR ASSESSIVIENTS TO BE PAID OVER A TWENTY (20) YEAR PERIOD IN ACCORDANCE WITH THE PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ACT SPECFYING THE METHOD OF PAYMENT AND THE AMOUNT OF ANNUAL INSTALLMENTS, AND PROVIDING PENALTIES AND INTEREST ON D~I ,INQUENT ASSESSMENTS RECITALS A petition was submitted to the City Secretary of the City of Coppell, Texas (the "City"), pursuant to the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the "Code"), requesting the creation of a public improvement district over Coppell Gateway ("Coppell Gateway") to be known as Coppell Gateway Public Improvement District (the "District"). The petition contained the signatures of owners of property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment within the District as determined by the current roll of the Dallas County Appraisal District and the signatures of property owners who own taxable real property that constitutes more than fifty percent (50%) of the area of all taxable property that iS liable for assessment by the District. The City Council conducted a hearing on the advisability of creating the District on July 30, 1991, after giving notice of the hearing in accordance with the requirements of the Code. On July 30, 1991, the City Council passed and approved Resolution No. 073091.1 making certain findings in connection with the District, relating to the advisability of services, the nature of the services, the estimated cost of the services, the boundaries of the District, the method of assessment and the apportionment of costs between the District and the City, authorizing the creation of the District, and making and directing the publication of notice of the authorization and creation of the District. Notice of the authorization of the District was published in the Citizens Advocate, a newspaper of general circulation within the City and within the District, on ORDINANCE NO. 92-543 AN ORDINANCE APPROVING AN ASSESSMENT/SERVICE PLAN AND AN ASSESSMENT ROLL FOR COPPEI,I. GATPiWAY PUBLIC IMPROVEMENT DISTRICT, I.F. VYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN THE DISTRICT PROVIDING FOR ASSESSMENTS TO BE PAID OVER A TWENTY (20) YEAR PERIOD IN ACCORDANCE WITH THE PUBLIC IMPROVEMENT DISTRICT ASSESSMENT ACT SPECIFYING THE METHOD OF PAYMENT AND THE AMOUNT OF ANNUAL INSTAI-I.MENTS, AND PROVIDING PENALTIES AND INTEREST ON DIRI JNQUENT ASSESSMENTS RECITALS A petition was submitted to the City Secretary of the City of Coppell, Texas (the "City"), pursuant to the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the "Code"), requesting the creation of a public improvement d/strict over Coppell Gateway CCoppell Gateway") to be known as Coppell Gateway PubIic Improvement District (the "District"). The petition contained the signatures of owners of property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment within the District as determined by the current roll of the Dallas County Appraisal District and the signatures of property owners who own taxable real property that constitutes more than fifty percent (50%) of the area of all taxable property that is liable for assessment by the District. The City Council conducted a heating on the advisability of creating the District on ,[uly 30, 1991, after giving notice of the hearing in accordance with the requirements of the Code. On July 30, 1991, the City Council passed and approved Resolution No. 073091.1 making certain findings in connection with the District, relating to the advisability of services, the nature of the services, the estimated cost of the services, the boundaries of the District, the method of assessment and the apportionment of costs between the District and the City, authorizing the creation of the District, and making and directing the publication of notice of the authorization and creation of the District. Notice of the authorization of the District was published in the Citizens Advocate, a newspaper of general circulation within the City and within the District, on September 20, 1991, as required by the Code. The owners of the land in the district acknowledged notice of the hearing and waived notice of the hearing. By Ordinance No. 92-542, dated March 31, 1992, the City Council of the City approved and adopted a Preliminary Assessment/Service Plan and a Proposed Assessment Roll, directed that the Proposed Assessment Roll be filed with the City Secretary for public inspection as required by the Code, directed that a hearing to be held on April 14, 1992, at 7:00 p.m. at which the City Council would consider approving the Preliminary Assessment/Service Plan and the Proposed Assessment Roll as the final Assessment/- Service Plan and Assessment Roll of the District, respectively, and assessing assessments payable at the time and at the rate and in the amount proposed in the Preliminary Assessment/Service Plan against each parcel of property in the District as set forth in the Proposed Assessment Roll, and directed the City Secretary to give notice of the hearing in the manner required by the Code. The City Council conducted the hearing at 7:00 p.m. on the 14th day of April, 1992, at which all persons who appeared, or requested to appear, in person or by their attorney were given the opportunity to contend for or contest the Assessment/Service Plan, the Assessment Roll, and each proposed assessment, and offer testimony pertinent to any issue presented on the amount of the assessment, purpose of the assessment, special benefit of the assessment, and the penalties and interest on annual installments and on delinquent annual installments of the assessment. Several persons appeared in support of the Assessment/Service Plan, and the levy of assessments as proposed in the Assessment Roll. No one appeared at the hearing in opposition. The City Council finds and determines that the Preliminary Assessment/Service Plan with minor modifications should be approved and the assessments which should be levied are substantially as provided in the Proposed Assessment Roll. City Council further finds that there were no written objections or evidence submitted to the City Secretary in opposition to the Preliminary Assessment/Service Plan, the Assessment Roll, and the levy of assessments, but there was material submitted in support thereof. 0189:2173 \vq350~at280Y. oppell~devy4,ord "2- The City Council of the City closed the hearing, and after considering all evidence presented at the heating, both written and documentary, and all written comments and statements filed with the City, finds and determines as follows: 1. The advisory board to the City Council of the City has approved the Preliminary Assessment/Service Plan and the Preliminary Assessment Roll as required by previous directions of the City Council and recommended that the City Council approve the Assess- ment/Service Plan and Assessment Roll of the District. 2. That the Preliminary Assessment/Service Plan with the modifications provided in the Final Assessment/Service Plan attached as Exhibit "A" should be approved as the Assessment/Service Plan for the District. 3. That the Assessment Roll in the form attached as Exhibit "B" to the Assessment/Service Plan should be approved as the Assessment Roll for the District. 4. That there should be levied and collected in installments for each of the years 1992 through 2012 against all property shown on the Assessment Roll, assessments on each square foot of net usable land in the District, at the rate and in the amount hereinafter set forth in Section 4 of this Ordinance (the "Improvement Assessments") and at the rate and in the amount hereinafter set forth in Section 6 of this Ordinance (the "Administrative Expense Assessments"). Each Improvement Assessment may be paid in full at any time or may be paid in annual installments (the "Annual Installments") for such Improvement Assessment as shown on the Assessment Roll. Any Improvement Assessment may be paid in full at any time by paying the unpaid amount of the Improvement Assessment plus any accrued interest and penalties thereon on all Annual Installments. 5. All of the real property in the District which is being assessed by the City Council in the amounts shown in the Assessment Roll will be benefitted by the services and improvements proposed to be provided by the City through the District in the Assessment/Service Plan, and each parcel of real property will receive special benefits in each year equal to or greater than each Annual Installment of Improvement Assessment and each annual Administrative Expense Assessment and will receive special benefits during the twenty (20) year period of assessments equal to or greater than the total amount assessed. (The Improvement Assessments and the Administrative Expense Assessments will be referred to collectively as the "Assessments.") 01g9:2173 \wpS0~at2gtk~ppell\ixlet'q4.ord -3- 6. The cost of providing services and improvements for the District as shown in the Assessment/Service Plan on the basis of an equal assessment for each square foot of net usable land within the District results in imposing equal shares of the cost on property similarly benefitted, and results in a reasonable classification and formula for the apportionment of costs of the various classes of services and improvements proposed to be provided in the Assessment/Service Plan to the benefitted property within the District. 7. The method of apportioning the cost of the services and improvements to be provided pursuant to the Assessment/Service Plan between the City and the area within the District as provided in the Assessment/Service plan is fair and reasonable and results in a reasonable and fair classification and formula for apportioning the cost between the City, the District, and the property benefitted. 8. The provisions relating to due and delinquency dates for the Assessments, each Annual Installment of the Assessments, interest on Annual Installments of Assessments, interest and penalties on delinquent Assessments and delinquent Annual Installments of the Assessments, and procedures in connection with the imposition and collection of Assessments as set forth in the Assessment/Service Plan should be approved and will expedite collection of the Assessments in a timely manner in order to provide the services and improvements needed and required for the area within the District. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. Findings. That the recitals and findings in the preamble of this Ordinance are hereby found and determined to be true and correct. Section 2. Assessment Plan. The Assessment/Service Plan, in the form attached as Exhibit "&" is hereby approved as the Assessment/Service Plan for the District. Section 3. Assessment Roll. The Assessment Roll, attached as Exhibit "B" to the Assessment/Service Plan, is hereby approved as the Assessment Roll of the District. Section 4.. Levy of Assessments for Improvement Costs. There is hereby levied by the City Council an Improvement Assessment of $0.5802976 per square foot of net usable land within the District to pay the improvement costs set forth in Article III of the Assessment/Service Plan which shall be due on the effective date of this Ordinance. Each Improvement Assessment may be paid immediately or in periodic Annual Installments 0189:2173 \wpS0~ca~ppell\txleq4,ord over a period of twenty (20) years. The Annual Installment to be paid each year per square foot of net usable land is shown in Schedule II to the Assessment/Service Plan ("Schedule II"). Each Improvement Assessment shall bear interest per annum from September 28, 1992 until paid at the rate of 8.610% per annum, calculated on the basis of a 360-day year of twelve 30-day months, also shown on Schedule II to the Assessment/Service Plan. Each Annual Installment, together with the interest on the unpaid amount of an Improvement Assessment, shall be due on January 31 of each year (the "Installment Payment Date") with the first Annual Installment being due on January 31, 1993 and each subsequent Annual Installment being due on January 31 of each year thereafter with the final Annual Installment due January 31, 2012. Each Annual Installment, together with interest thereon, shall be delinquent if not paid prior to February 1 of the year such Annual Installment is due (the "Delinquency Date"). The principal amount of each Annual Installment of an Improvement Assessment, the interest due on the unpaid principal amount of an Improvement Assessment and the unpaid amount of an Improvement Assessment on each Installment Payment Date per square foot of net usable land is shown in Schedule II. The Annual Installment which each parcel is required to pay is determined by multiplying the square foot of net usable land in the parcel by the amounts shown on Schedule II for that year. Section 5. Prepayment of Improvement Assessments. Pursuant to the provisions of Section 372.018(b) of the Act, an Improvement Assessment may be paid in whole or in part at any time by paying the unpaid amount of the Improvement Assessment plus the interest accrued or penalties that have been imposed prior to the date of payment of the Improvement Assessment. To determine the unpaid amount of the Improvement Assessment, see Schedule II. Section 6. Levy of Assessments to Pay Administrative Expenses of the District. As authorized by Section 372.003(14) of the Act, there is hereby levied each year, while the Bonds are outstanding and unpaid, to pay the annual costs of the administration and operation of the District an Administrative Expense Assessment in the amount of $0.000522 per square foot of net usable land in the District. The Administrative Expense Assessment shall remain in effect from year to year until all bonds described in the Assessment/Service Plan and issued pursuant to Ordinance No. 92-544 adopted simultaneously with this Ordinance (the "Bonds") are finally paid or until the City adjusts the levy after a hearing and determination of benefits in any year pursuant to Section 372.015(d) of the Act. Administrative Expense Assessments shall be due on January 31 of the year following their levy and shall be delinquent if not paid prior to February 1 (the "Delinquency Date"). 0189:2173 \wp5(ka~t280~oppell~txleq4.ord =5- Section 7. Interest on Delinquent Administrative Expense Assessments and Annual Installments. A delinquent Annual Installment (and the delinquent interest thereon) and a delinquent Administrative Expense Assessment (and the delinquent interest thereon) will accrue interest at the rate of one percent (1%) for each month or portion of a month the Annual Installment or Administrative Expense Assessment remains unpaid after it becomes delinquent. Delinquent interest shall not exceed the amount permitted by Chapter 372 of the Code or other applicable law. Section 8. Penalties. A delinquent Annual Installment and a delinquent Administrative Expense Assessment will incur a penalty of six percent (6%) of the amount of the Annual Installment or Administrative Expense Assessment for the first calendar month or fraction thereof it is delinquent, plus one percent (1%) for each additional month or fraction thereof the Annual Installment or Administrative Expense Assessment remains unpaid prior to July 1 of the year in which it becomes delinquent; however, an Annual Installment or Administrative Expense Assessment delinquent on July 1 will incur a total penalty of twelve percent (12%) of the amount of the delinquent Annual Installment or Administrative Expense Assessment without regard to the number of months the Annual Installment or the Administrative Expense Assessment has been delinquent. Penalties shall not exceed the amount permitted by Chapter 372 of the Code or other applicable law. Section 9. Additional Penalty. If an Annual Installment or an Administrative Expense Assessment remains delinquent on July 1 in the year in which the Annual Installment or the Administrative Expense Assessment became delinquent, there is imposed an additional penalty to defray costs of collection if it is necessary for the City to contract with an attorney for the purposes of representing the City in the collection of the delinquent Annual Installment or Administrative Expense Assessment. The additional penalty shall be fifteen percent (15%) of the Annual Installment or the Administrative Expense Assessment and the penalties and interest on the Annual Installment or the Administrative Expense Assessment. The additional penalties shall not exceed the amount permitted by Chapter 372 of the Code or other applicable law. Section 10. No Discounts or Split Payments. There will be no split payment of an Annual Installment or an Administrative Expense Assessment or discount for the early payment of an Annual Installment or an Administrative Expense Assessment. 0189:2173 \wpS0~a~t281koppellXudevy4,ord -0- Section 11. Lien for Collection of Assessments. Assessments levied by this Ordinance, together with interest, penalties, and expense of collection and reasonable attorney's fees, as permitted by the Code, shall be a first and prior lien against the property assessed, superior to all other liens and claims, except liens or claims for state, county, school district, or municipal ad valorera taxes, and shall be a personal liability of and charge against the owner of the property regardless of whether the owners are named. The lien for Assessments (including each Annual Installment of the Improvement Assessments) and penalties and interest thereon is effective from the date of this Ordinance levying the Assessment until the Assessment is paid, or the Bonds are finally paid, and shall be enforced by the City in the manner provided by Vernon's Texas Tax Code for collecting ad valorem taxes on real property. Section 12. Applicabilitv of Tax Code. To the extent not inconsistent with this Ordinance, and not inconsistent with Chapter 372 of the Code or the other laws governing public improvement districts, the provisions of Vernon's Texas Tax Code shall be applicable to the imposition and collection of the Assessments by the City. Section 13. No Acceleration of Installments. Failure to pay an Annual Installment when due shall not accelerate the payment of the remaining Annual Installments of the Improvement Assessments and such remaining Annual Installments (together with interest thereon) shall continue to be due and payable at the same time and in the same amount and manner as if such default had not occurred. Section 14. Lien Survives Foreclosure. Any sale of property for nonpayment of an Annual Installment or an Administrative Expense Assessment shall be subject to the lien established for the remaining unpaid Annual Installments of the Improvement Assessment and the Administrative Expense Assessments against such property and such property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the nondelinquent Annual Installments and the Administrative Expense Assessments against such property as they become due and payable pursuant to the terms of this Ordinance levying assessments and Ordinance No. 92-544 authorizing the issuance of the Bonds. Section 15. Notices of Assessments. The City shall mail, by November 1 of the year prior to its due date, a notice of the next maturing Annual Installment and the next Administrative Expense Assessment to the then current owner of each property assessed. Such notice shall set forth the total amount due on the next due date, including any interest thereon. By April 1 of each year, the City shall mail a notice to the then current 0189:2173 \v, pSOy. at28{koppellXude,,y4.ord -7- owner of each property assessed which has a delinquent Annual Installment or a delinquent Administrative Expense Assessment setting forth the amount delinquent and the penalties and interest due thereon to accrue. Section 16. Severability. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 17. Notice of Posting. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter thereof has been discussed, considered, and formally acted upon. The City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. PASSED AND ADOPTED this 14th day of April, 1992. Mark Wolfe Mayor City of Coppell, Texas ATTEST: Dorothy Timmons City Secretary City of Coppell, Texas [SEAL] 0189:2173 \wpS0xr-a~'~80~;6ppell\lYdeq4,ord COPPELL GATEWAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT/SERVICE PLAN COPPELL GATEWAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT/SERVICE PLAN TABLE OF CONTENTS Improvements Within the District 1 Section 1.01. Improvements and Services Authorized by the Act 1 Section 1.02. Improvements and Services to be Provided to the District . 2 II. Assessment Plan 3 Section 2.01. Permissible Method of Assessment Under the Act 3 Section 2.02. Assessment Plan 4 Section 2.03. Assessment Roll 5 III. Indebtedness and Costs of Improvements 5 Section 3.01. Preliminary Annual Indebtedness 5 Section 3.02. Projected Improvement Costs 6 Section 3.03. Estimated Costs of Establishment and Administration of the District and Costs of Bonds to be Paid From Assessments 9 Section 3.04. Total Costs to be Assessed to pay for the Bonds 9 Section 3.05. Annual Service Costs to be Paid with an Annual Assessment During the Term of the Bonds 10 Section 3.06. Annual Costs of Improvements to be Paid by City. 10 Section 3.07. Ownership of Improvements 10 0189:4675 \~P50\CAT280\COPPELL'~ASSHTPLN.O] --i-- VI. PROVISIONS WITH RESPECT TO THE LEVY OF ASSESSMENTS 11 Section 4.01. Levy of Assessments for Improvement Costs 11 Section 4.02. Prepayment of Assessments for Each Year 11 Section 4.03. Levy of Assessments to Pay Annual Service Costs of Administration and Operation of District 12 Section 4.04. Interest on Delinquent Administrative Expense Assessments and Annual Installments 12 Section 4.05. Penalties 12 Section 4.06 Additional Penalty . 13 Section 4.07 No Discounts or Split Payments 13 Section 4.08 Lien for Collection of Assessments 13 Section 4.09 Applicability of Tax Code 13 Section 4.10 No Acceleration of Installments 13 Section 4.11 Lien Survives Foreclosure 14 Exhibit "A" - Metes and Bounds of District Exhibit "B" - Assessment Roll and Metes and Bounds of Assessed Property Exhibit "C"- Boundary Sketch of Gateway Business Park Schedule I - Bond Debt Service Schedule II- Annual Assessment Installment Per Square Foot of Net Usable Land 0189:4675 \~P50\CAT280\COPPELL\ASSMTPLN.O~ --i i- COPPELL GATEWAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT/SERVICE PLAN Chapter 372 of the Local Government Code of the State of Texas, known as the "Public Improvement District Assessment Act" (the "Act"), authorizes and defines formation of the Public Improvement District within the State of Texas. By action taken by their City Council, on July 30, 1991, as amended by further action on January 14, 1992, the City of Coppell (the "City") passed Resolution No. 073091.1 which authorized the establishment of Coppell Gateway Public Improvement District (the "District"). In compliance with requirements outlined in various sections of the Act, the Assessment Plan and Service Plan for the District are defined herein. I. Improvements Within the District Section 1.01. Improvements and Services Authorized bv the Act Section 372.003 of the Act defines the improvements and services that may be undertaken by a city through a district as follows: "372.003. Authorized Improvements and Services (a) If the governing body of a municipality finds that it promotes the interests of the municipality, the governing body may undertake an improvement project that confers a special benefit on a definable part of the municipality or the municipality's extra-territorial jurisdiction. A project may be undertaken in the municipality or the municipality's extra- jurisdiction. (b) A public improvement project may include: (1) landscaping; (2) erection of fountains, distinctive lighting and signs; (3) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of 0189:4675 \~P50\CAT280\COPPELL\ASSMTPLN.O] --1-- sidewalks or of streets, any other roadways, or their rights-of-way; (4) construction or improvement of pedestrian malls; (5) acquisition and installation of pieces of art; (6) acquisition, construction, or improvement of libraries; (7) acquisition, construction, or improvement of off-street parking facilities; (8) acquisition, construction, improvement, or rerouting of mass transportation facilities; (9) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (10) the establishment or improvement of parks; (11) projects similar to those listed in Subdivisions (1)-(10); (12) acquisition, by purchase or otherwise, of real property ion connection with an authorized improvement; (13) special supplemental services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (14) payment of expenses incurred in the establishment, administration, and operation of the district. (c) A public improvement project may be limited to the provision of the services described by Subsection (b)(13)." Section 1.02. ImDrovements and Services to be Provided to the District After analyzing the improvements authorized by the Act, the City of Coppell determined that the following improvements (the "Improvements") which are allowed by the Act should be provided by the City within the District and will be of special benefit to all net usable property within the District. As such, the City authorized the acquisition or construction of the Improvements within the District which are described as follows: 1. Acquisition or construction of a water distribution system throughout the District, connecting to the City's master water distribution collection system. 0189:4675 \~P50\CAT280\COPPELL~SSMTPLN.03 --2-- 2. Acquisition or construction of a wastewater collection system throughout the District, connecting to the City's master wastewater collection system. 3. Acquisition or construction of a stormwater drainage system throughout the District, connecting to the City's master drainage system. 4. Acquisition or construction of streets or roadways to provide access to and through all property within the District, connecting to and becoming part of the City's master thoroughfare plan. 5. Acquisition or construction of electric service lines and street lights along all streets and roadways throughout the District. 6. Acquisition or installation of landscaping, fountains, distinctive lighting and distinctive signage that benefit the District as a whole. The services to be provided in the District (the "Services") shall consist of those necessary for the administration and operation of the District, including those of the City, the Paying Agent, Registrar, and Trustee for the Bonds in annually collecting assessments and making payment on the Bonds. II. Assessment Plan Section 2.01. Permissible Method of Assessment Under the Act Section 372.015 of the Act permits a city to assess the cost of Improvements and Services against benefited property as follows: "372.015. Determination of Assessment (a) The governing body of the municipality shall apportion the cost of an improvement and services to be assessed against property in an improvement district. The apportionment shall be made on the basis of special benefits accruing to the property because of the improvement or services. (b) Cost of an improvement or services may be assessed: 0189:4675 \WP50\CAT280\GOPPELL\ASSMTPLN.O] --3 -- (1) equally per front foot or square foot; (2) according to the value of the property as determined by the governing body, with or without regard to improvements on the property; or (3) in any other manner that results in imposing equal shares of the cost on property similarly benefitted. (c) The governing body may establish by ordinance: (1) reasonable classifications and formulas for the apportionment of the cost between the municipality and the area to be assessed; and (2) the methods of assessing the special benefits for various classes of improvements and services. (d) The amount of assessment for each property owner may be adjusted following the annual review of the service plan." Section 2.02. Assessment Plan After analyzing the assessment methods allowed by the Act, the City has determined that the method of cost allocation based on the equal cost and assessment per each net usable square foot of land area within the District is fair and equitable and is the most reasonable means of allocating the costs of the Services to be provided annually to the District ("Service Costs") and costs of the Improvements to be acquired and/or constructed within the District, costs of Bond, and other costs directly or indirectly relating to the acquisition, construction, and financing of the Improvements ("Improvement Costs"). (Service Costs and Improvement Costs shall be referred to collectively as "Costs"). Based upon the similar common use of all land within the District, as commercial or industrial property, the City proposes to adopt the equal cost and assessment method with benefits derived and Costs allocated as follows: 0189:4675 \~PSO\CAT280\COPPELL\ASSMTPLN.03 --4 -- Benefits: All parcels of land within the District, either as currently platted or as it may be replatted and subdivided in the future, receive an equal benefit over each net square foot of land within the parcel. The total assessed area of land within the district, on a net usable area basis, shall not be altered, reduced or increased by any future land replatting or subdividing. Cost Allocation/Assessment: All Costs shall be allocated on an equal basis to each net usable square foot of land within the district and the assessment required to amortize the Costs shall be allocated to and collected from each net usable square foot of land, within the District, on an equal basis. Section 2.03. Assessment Roll The District is described as being those four tracts of land, more specifically described in Exhibit A, consisting of 223.011 gross acres. The net usable acreage for each tract assessed is described in Exhibit B, pages 3 through 19, and shown on the plat attached as Exhibit C. Net usable land is land located within the District which is not to be exempted from assessment by reason of its proposed use as a park, road right-of-way, or a drainage easement. The 197.8025 net usable acres equals 8,616,268 square feet and is the total area of the District to be assessed to pay the Costs. Land parcels within the District may be replatted or subdivided for future transactions, however, the total area of square footage of land to be assessed shall not be adjusted or reduced unless there is a prepayment of total assessments due for a given parcel of land. Each parcel resulting from a replat or subdivision of a parcel shall continue to bear its pro rata share of the assessment against the original unplatted or subdivided parcel. III. Indebtedness and Costs of Improvements Section 3.01. PreliminarV Annual Indebtedness In accordance with Sections 372.023 and 372.024 of the Act, the City is in the process of issuing $5,000,000 Special Assessment Revenue Bonds, Series 1992 (the "Bonds"), secured by liens on all of the revenue generated through assessments. The total amount of Bonds to be issued to pay the Improvement Costs is $5,000,000. The 0189:4675 \~PSO\CAT280\COPPELL\ASSMTPLN,O] --5-- annual debt service requirements on such Bonds is shown in Schedule Io Section 3.02. Pro~ected Improvement Costs In accordance with Sections 372.023 and 372.024 of the Act, the District will provide for the completion, in the estimated year and in the estimated amounts outlined below, of the Improvements described in Section 1.02 herein. Improvements Acquisition/Construction Time and Cost Allowance Phase IA Completed and To Be Acquired Upon Funding Site Clearing, Grading and Excavation $ 63,499 (Streets and Utility R.O.W.) Water Service (Main Lines) 249,869 Sanitary Sewer Service (Main Lines) 74,691 Storm Sewer Service (Main Lines) 214,999 Paving 359,164 Street Lights 34,821 Landscaping and Sprinklers (Design) 10,000 Engineering and Design 230,464 Construction Staking 38,287 Construction Inspection and Quality Control 58,843 $1,334,637 0189:4675 \~P50\CAT280\COPPELL\ASSMTPLN,03 --6-- Phase IB To Be Completed and Acquired On Or Before December 31, 1992 Water Service (Main Lines) 127,467 Sanitary Sewer Service (Main Lines) 43,165 Storm Sewer Service (Main Lines) 492,787 Storm Sewer - Off Site 240,891 Paving 487,139 Street Lights 52,000 Landscaping and Sprinklers (Public Areas) 230,000 Engineering and Design 15,000 Construction Inspection and Quality Control 41,000 Contingency 53,914 $1,783,363 0189:4675 \WPSO\CAT280\COPPELL\ASSMTPLN.03 --7-- Phase II To Be Completed and Acquired On Or Before May 31, 1994 Water Service (Main Lines) 22 117 Sanitary Sewer Service (Main Lines) 13 363 Storm Sewer Service (Main Lines) 92 889 Paving 164 928 Street Lights 11 000 Landscaping and Sprinklers (Public Areas) 300 000 Engineering and Design 3 000 Construction Inspection and Quality Control 7 500 Contingency 17,203 $632,000 TOTAL COST OF IMPROVEMENTS DESCRIBED IN SECTION 1.02 $3,750,000 0189:4675 \UPSO\CAT280\COPPELL\ASSMTPLN.03 --8-- Section 3.03. Estimated Costs of Establishment and Administration of the District and Costs of Bonds to be Paid From Assessments The estimated costs of establishment and Administration of the District and costs of Bonds to be paid from assessments are as follows: A) Cost and Expenses $ 51,713 Incurred in Establishment, Initial Administration, and Operation of District B) One Years Interest 413,250 on the Bonds, C) Cost of Issuance 260,037 of the Bonds D) Establishment of $ 500,000 Reserve Fund for the Bonds (10% of the Bonds) TOTAL COSTS OF ESTABLISHMENT AND ADMINISTRATION $1,225,000 Section 3.04. Total Costs to be Assessed to DaV for the Bonds The total costs to be assessed as Improvement Costs are as follows: A) Total Cost of Improvements $3,750,000 to be Constructed or Acquired (Phase IA, IB, and II) B) Cost and Expenses 51,713 Incurred in Establishment, Initial Administration, and Operation of District C) One Years Interest on the Bonds, 413,250 D) Cost of Issuance of the Bonds 260,037 E) Establishment of Reserve Fund 500,000 for the Bonds (10% of Bonds) * Excludes Accrued Interest 0189:4675 \~PSO\CATZSO\COPPELL\ASSMTPLN.O] '9-- F) Original Issue Discount 25,000 TOTAL COSTS TO BE ASSESSED $5,000,000 Section 3.05. Annual Service Costs to be Paid with an Annual Assessment Durin~ the Term of the Bonds The annual Service Costs to be paid by the City with annual assessments for administration and operation of the District is as follows: Trustees Annual $4,500 Cost of Administration and Operation of District and Collection of Assessments Section 3.06. Annual Costs of Improvements to be Paid bV City~ In accordance with the Act, all State and Federal laws regulating Home Rule Municipalities within the State of Texas and all the laws and regulations of the City, the City will provide for the ongoing annual maintenance, operation, and repair of the Improvements from the date of receipt and acceptance of title to the Improvements from user fees from the Authorized Improvements and from general funds. No fees or expenses related to the maintenance or repairs of the Improvements shall be due from or collected from property within the District other than those currently provided for under current City laws and regulations for any municipally-owned infrastructure improvements. Section 3.07. Ownership of Improvements In accordance with the Act, the City intends to provide for the construction and completion of those Improvements described in Sections 1.02 and 3.02 herein. Upon completion of the Improvements, in total or in phases, all such Improvements, including the land and the facilities and infrastructure thereon, shall be acquired by the City with proceeds of the Bonds and title to the land and Improvements shall rest in the City. All Improvements are to be located in public streets, easements, or rights-of-way. 0189:4675 \WP50\CAT280\COPPELL~ASSMTPLN.03 --10-- VI. PROVISIONS WITH RESPECT TO THE LEVY OF ASSESSMENTS Section 4.01. Levy of Assessments for Improvement Costs There is levied by the City an assessment of $0.5802976 per square foot of net usable land within the District to pay the Improvement Costs set forth in Article III (the "Improvement Assessment") which shall be due on the effective date of the ordinance levying assessments. Each Improvement Assessment may be paid immediately or in periodic annual installments (the "Annual Installment") over a period of twenty (20) years. The Annual Installment to be paid each year per square foot of net usable land together with interest thereon is shown in Schedule II. Each Improvement Assessment shall bear interest per annum from September 28, 1992, until paid at the rate of 8.61% per annum, calculated on the basis of a 360 day year of twelve 30-day months. Each Annual Installment, together with the interest in the unpaid amount of an Improvement Assessment, shall be due on January 31 of each year (the "Installment Payment Date") with the first Annual Installment being due on January 31, 1993 and each subsequent Annual Installment being due on January 31 of each year thereafter with the final Annual Installment due January 31, 2012. Each Annual Installment together with interest thereon shall be delinquent if not paid prior to February 1 of the year such Annual Installment is due (the "Delinquency Date"). The principal amount of each Annual Installment of an Improvement Assessment, the interest due on the unpaid principal amount of an Improvement Assessment, and the unpaid amount of an Improvement Assessment on each Installment Payment Date per square foot of net usable land is shown in Schedule II. To determine the Annual Installment for each parcel, multiply the net usable land in the parcel by the amounts shown on Schedule II for that year. Section 4.02. PreDayment of Assessments for Each Year Pursuant to the provisions of Section 372.018(b) of the Act, an Improvement Assessment may be paid in whole or in part at any time by paying the unpaid amount of the Improvement Assessment plus the interest accrued or penalties that have been imposed prior to the date of pal~ment of the Improvement Assessment. To determine the unpaid amount of the Improvement Assessment for each square foot Of net usable land in any year, see Schedule II. 0189:~67S \~PSO\CAT280\COPPELL\ASSNTPLN,O] --11-- Section 4.03. LevV of Assessments to PaV Annual Service Costs of Administration and Operation of District As authorized by Section 372,003(14) of the Act, there shall be levied each year while the Bonds are outstanding and unpaid to pay the annual costs of the administration and operation of the District an administrative expense assessment in the amount of $0.000522 per square foot of net usable land in the District (the "Administrative Expense Assessment"). The Administrative Expense Assessment shall remain in effect from year to year until all Bonds are finally paid or until the City adjusts the levy after a hearing and determination of benefits in any year pursuant to Section 372,015(d) of the Act. Administrative Expense Assessments shall be due on January 31 of the year following their levy and shall be delinquent if not paid prior to February 1 (the "Delinquency Date"). Section 4.04. Interest on Delinquent Administrative Expense Assessments and Annual Installments A delinquent Annual Installment and a delinquent Administrative Expense Assessment will accrue interest at the rate of 1% for each month or portion of a month the Annual Installment or Administrative Expense Assessment remains unpaid after it becomes delinquent. Section 4.05. Penalties A delinquent Annual Installment and delinquent Administrative Expense Assessment incurs a penalty of 6% of the amount of the Annual Installment or Administrative Expense Assessment for the first calendar month or fraction thereof it is delinquent plus 1% for each additional month or fraction thereof the Annual Installment or Administrative Expense Assessment remains unpaid prior to July 1 of the year in which it becomes delinquent; however, an Annual Installment or Administrative Expense Assessment delinquent on July 1 incurs a total penalty of 12% of the amount of the delinquent Annual Installment or Administrative Expense Assessment without regard to the number of months the Annual Installment or the Administrative Expense Assessments has been delinquent. Penalties shall not exceed the amount permitted by Chapter 372 of the Code. 0189:4675 \WP50\CAT280\COPPELL\ASSMTPLN.03 --12 -- Section 4.06. Additional Penalty If an Annual Installment or an Administrative Expense Assessment remains delinquent on July 1 in the year in which the Annual Installment or the Administrative Expense Assessment became delinquent, there shall be imposed an additional penalty to defray costs of collection if it is necessary for the City to contract with an attorney for the purposes of representing the City in the collection of the delinquent Annual Installment or Administrative Expense Assessment. The additional penalty shall be 15% of the Annual Installment or the Administrative Expense Assessment and the penalties and interest on the Annual Installment or the Administrative Expense Assessment. Penalties shall not exceed the amount permitted by Chapter 372 of the Code. Section 4.07. No Discounts or Split Pavments There will be no split payment of an Annual Installment or an Administrative Expense Assessment or discount for the early payment of an Annual Installment or an Administrative Expense Assessment. Section 4.08. Lien for Collection of Assessments Improvement Assessments and Administrative Expense Assessments ("Assessments") together with interest, penalties, and expense of collection and reasonable attorneys fees, as permitted by the Code shall be a first and prior lien against the property assessed, superior to all other liens and claims, except liens or claims for state, county, school district, or municipal ad valorem taxes, and shall be a personal liability of and charge against the owner of the property regardless of whether the owners are named. The lien for Assessments and each Installment thereof and penalties and interest is effective from the date of this Ordinance levying the Assessments until the assessment is paid or until all Bonds are finally paid, and shall be enforced by the City in the manner provided by Vernon's Texas Tax Code for collecting ad valorem taxes on real property. Section 4.09. ApplicabilitV of Tax Code To the extent not inconsistent with the Ordinance levying Assessments, and not inconsistent with Chapter 372 of the Code or the other laws governing public improvement districts, the provisions of Vernon's Texas Tax Code shall be applicable to the imposition and collection of Assessments by the City. Section 4.10. No Acceleration of Installments 0189:4675 \~P50\CAT280\COPPELL\ASSMTPLN.03 --13 -- Failure to pay an Annual Installment when due shall not accelerate the payment of the remaining Annual Installments of the Improvement Assessment and such remaining Annual Installments (together with interest thereon) shall continue to be due and payable at the same time and in the same amount and manner as if such default had not occurred. Section 4.11. Lien Survives Foreclosure Any sale of property for nonpayment of an Annual Installment or Annual Installments of an Improvement Assessment annum shall be subject to the lien established for the remaining unpaid Annual Installments of the Improvement Assessment against such property and such property may again be sold at a judicial foreclosure sale if the purchaser thereof fails to make timely payment of the nondelinquent Annual Installments of an Improvement Assessment against such property as they become due and payable pursuant to the terms of the assessment ordinance and the ordinance authorizing the issuance of the Bonds. 0189:4675 \~PSO\CAT280\COPPELL\ASSNTPLN.O] '14-- BEING a tract of land 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 all of a 0.25 acre tract to the City of CoppeEl as shown on Abstract Map 1439, Dallas County, Texas, and being more particularly desert'bed 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 line of Interstate Highway 635 (right-of-way caries), a distance of 1442.53 feet to a point for a comer; THENCE North 01 degrees 51 minutes 06 seconds East, departing said north line, a distance of 1068.42 feet to a point for a comer, said corner lying on the south right-of-way hne 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 on line being the northwest comer of said 0.25 acre tract; THENCE North 87 degrees 24 minutes 30 seconds East, continuing along said south line being a common line with the north line of said 0.25 acre tract, a distance of 102.05 feet to a point on line being the northeast comer of said 0.25 acre tract; THENCE North 87 degrees 24 minutes 30 seconds East, along said south line and departing said north line, a distance of 90.04 feet to a point for a comer, said comer being at the intersection of said south line and the east boundary line of S.A.&M.G. Railroad Survey, Abstract No. 1439, said comer 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 comer;, 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 4,522,561 square feet or 104.076 acres of land more or less. TRACY 2 - GROSS AREA BEING a tract of land situated in the Cordetia Brown 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 descn'bed by deed to Santa Fe Pacific Realty Corporation, as recorded in Volume 89190, Page 3416 of the Deed Records of Dallas County, Tex~s, and being more particularly described as follows: BEGrNNING 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; THENCE North 78 degrees 20 minutes 17 seconds West, along the northeast line of I.H. 635, a distance of 95.00 feet to a point for a comer; THENCE South 66 degrees 59 minutes 20 seconds West, continuing along said northeast Line a distance of 80.86 feet to a point for a comer; THENCE North 80 degrees 50 minutes 57 seconds West, continuing along said northeast line a distance of 68.28 feet to a point for a comer; THENCE Noah 78 degrees 20 minutes 17 seconds West, continuing along said northeast line a distance of 275.97 feet to a point for a comer; THENCE North 63 degrees 58 minutes 32 seconds West, continuing along said northeast line a distance of 157.56 feet to a point for a comer; THENCE Noah 42 degrees 29 minutes 44 seconds West, continuing along said northeast Line a distance of 141.95 feet to a point for a comer; THENCE North 59 degrees 20 minutes 36 seconds West, continuing along said northeast line a distance of 28.00 feet to a point for a comer;, THENCE North 34 degrees 24 minutes 07 seconds West, continuing along said northeast line, a distance of 811.79 feet to a point for a comer; THENCE North 36 degrees 45 minutes 13 seconds West, continuing along said northeast line, a distance of 210.02 feet to a point for a comer; THENCE North 02 degrees 35 minutes 43 seconds East, departing said northeast line, a distance of 897.75 feet to a point for a comer being the southwest comer of a 1.4515 acre tract of land being the remainder of a tract of land descnn~ed by deed to Hunt Investment Corporation as recorded in Volume 74223, Page 1247 of said Deed Records; THENCE North 76 degrees 26 minutes 05 seconds East, along said south line of said 1.4515 acre tract, a distance of 0.61 feet to the point of curvature of a circular curve to the left, having a radius of 674.24 feet; THENCE Northeasterly, continuing along said sguth line and along said curve through a central angle of 25 degrees 45 minutes 32 seconds, an arc distance of 303.12 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 306.34 feet and whose chord bears South 33 degrees 16 minutes 36 seconds East; TRACT 2 (Continued) ~HENCE Southeasterly, departing said south line and along said southwest line w~th said curve through a central angle of 04 degrees 00 minutes 26 seconds, an arc distance of 21.43 feet to the point of tangency;, T~ {ENCE South 35 degrees 16 minutes 50 seconds East, continuing along said southwest line, a distance of 643.89 feet to a point for a comer; THENCE North 54 degrees 43 m~nut~s 10 seconds East, a distance of 80.00 feet to a point for a comer, THENCE North 35 degrees 16 minutes 50 seconds West, along the northeast line of said Freeport Parkway, a distance of 12.50 feet to a point for a comer;, THZENCE Nomh 54 degrees 43 minutes 10 seconds east, along the southeast line of Aj~line Drive, a distance of 9.63 feet to the point of curvature of a circular curve to the lef~ having a radius of 666.96 feet; THENCE Northeasterly, along said southeast line with said curve through a central angle of 18 degrees 26 n~nutes 50 seconds, an arc distance of 214.74 feet to the point of tangency; THENCE North 36 degrees 16 minutes 20 seconds East, continuing along said southeast line, a distance of 593.27 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 37 m~nutes 15 seconds, an arc distance of 48.54 feet to a point for a comer; TI-{ENCE South 88 degrees 06 minutes 25 seconds East, continuing along the south line of said Airline Drive, a distance of 401.41 feet to a point for a comer, THENCE South 01 degrees 20 minutes 07 seconds West, departing said south Line and along the west line of Block 9 Park West Commerce Center as n'led for record in Volume 90218, Page 3272 of the Plat Records of DaLlas County, Texas, a distance of 627.58 feet to the point of curvature of a circular curve to the left, having a radius of 382.25 feet; TI-[ENCE Southerly, along said CLU'Ve through a central angle of 39 degrees 16 minutes 17 seconds, an arc distance of 262.00 feet to a point for a corner, THENCE South 00 degrees 19 minutes 28 seconds West, continuing along said west line, a distance of 442.86 feet to a point for a comer, THENCE South 89 degrees 06 minutes 46 seconds East, along the south line of said Block 9, a distance of 262.12 feet to a point for a comer, THENCE South 01 degrees 08 minutes 02 seconds West, departing said south line and along the west line of a tract desert'bed by Deed to Coppell Independent School Distric~ as ~led for record in Volume 417, Page 461 of said Deed Records, a distance of 1930.15 f~eet to a point for a corner, TI-IZENCE South 01 degrees 33 minutes 48 seconds West, departing said west line, a distance of 791.33 feet to a point for a comer in the northeast line of LFL 635; THENCE North 34 degrees 24 minutes 07 seconds West, along said northeast line, a distance of 1194.58 feet to a point for a corner;, TRACY 2 (Continued) THENCE North 04 degrees 17 minutes 49 seconds East, continuing along the highway fight-of-way, a distance of 740.30 feet to a point for a comer; THENCE North 06 degrees 54 minutes 39 seconds East, continuing along said fight-of-way, a distance of 49.76 feet to the POINT OF BEGINNING AND CONTAINING 4,160,249 square feet or 95.506 acres of land more or less. Note: This description is based on record information including a boundary survey for Tr~and Investment by Albert H. I-I'alff Associates, Inc. dated July, 1985 and includes areas dedicated for public use (i.e, road rights-of-ways and utility easements) and also includes are within the 100-year floodplain as shown on FIRM Maps 480170 0005, 480165 0005, and 480165 0050. TRACT 3 - GROSS AND NET BEING a tract of land situated in the James A. Simmons Survey, Abstract No. 1296, Dallas County, Tex~s, and being all of a tract of land as descn'bed 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 descn'bed as follows: BEGINNING at an intersection of the northwest line of Aifijne Drive (60' right-of-way) and the northeast line of Freeport Parkway (80' right-of-way); ' ' THENCE North 35 degrees 16 minutes 50 seconds West, along the northeast line, a distance of 571.39 feet to the point of curvature of a circular curve to the right, having a radius of 226.34 feet; THENCE Northeasterly, along said northeast line through a central angle of 08 degrees 14 minutes 06 seconds, an arc distance of 32.53 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 39 degrees 57 minutes 24 seconds East; THENCE Northeasterly, along said curve to the left depart~g said northeast line and along the south line of Block 2 Park West Commerce Center as fled for record in Volume 90218 Page 3272 of the Plat Records of Dallas County, Texas, through a central angle of 07 degrees 09 minutes 03 seconds, an arc distance of 84.15 feet to a point for a comer; THENCE North 36 degrees 22 minutes 52 seconds East, continuing along said south line, a distance of 127.66 feet to a point for a comer; THENCE South 88 degrees 07 minutes 01 seconds East, continuing along said south line, a distance of 364.01 feet to a point for a comer; THENCE North 36 degrees 22 minutes 52 seconds East, continuing along said south line, a distance of 207.52 feet to a point for a comer, THENCE South 53 degrees 42 minutes 20 seconds East, continuing along said south line, a distance of 302.37 feet to a point for a comer in the northwest line said Airline Drive, said point lying on a curve to the left, having a radius of 110.00 feet and whose chord bears South 42 degrees 24 minutes 42 seconds West; THENCE Southwesterly, departing said south line and along said northwest line and with said curve through a central angle of 12 degrees 16 minutes 45 seconds, an arc distance of 23_S7 feet to a point for a comer, THENCE South 36 degrees 16 minutes 20 seconds West, continuing along said northwest line, a distance of 539.27 feet to the point of curvature of a circular curve to the right, having a radius of 606.96 feet; THENCE Southwesterly, continuing along said northwest line with said cttwe through a central angle of 18 degrees 26 minutes 50 seconds, an arc distance of 19~5.42 feet to a point for a comer;, TRACT 3 (Continued) THENCE South 54 degrees 43 minutes 10 seconds West, continuing along said northwest line, a distance of 9.63 feet to the POINT OF BEGINNING AND CONTAINING 342,455 square feet or 7,862 acres of land more or less, including 109,634 square feet or 2.517 acres more or less proposed for Grapevine Creek easement. Note: This description is based on record information including a bOttt~da t7 survey for Trfland Investment by Albert H. Halff Associates, Inc. dated July, 1985 and includes areas dedicated for public use (Le., utility easements) and also includes are within the 100-year floodplain as shown on FIRM Maps 480170 0005, 480165 0005, and 480165 0050. TRACT 4 - GROSS AND NET 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 as desert'bed by deed to Santa Fe Pacific Realty Corporalion, as recorded in Voktme 89190, Page 4821 of the Deed Records of Dallas County, Texas, and being more particularly desert'bed as follows: BEGINNING at an intersection of the south line of Cotton Road (50' fight-of-way) with the northeast line of Interstate Highway 635; . . THENCE South 88 degrees 23 minutes 42 seconds East, a distance of 1214.45 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 desre'bed in Volume 785, Page 1637 of said Deed Records; THENCE South 02 degrees 35 minutes 43 seconds West, departing said south llne, a distance of 1227.09 feet along the west line of said Secure Trust tract to a point for a comer lying on the northeast line of Interstate Highway 635; THENCE North 36 degrees 43 minutes 45 seconds West, along the northeast line of Interstate Highway 635, a distance of 953.75 feet to the POINT OF BEGINNING AND CONTAINING 678,076 square feet or 15.567 acres of land more or less, including 98,868 square feet or 2.270 acres of land more or less for proposed Grapevine Creek Easement. Note: This description is based on record information includes areas dedicated for public use (i.e., 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. ASSESSMENT ROLL Annual A~inistration Total Improvement Expense Owner Description Assessment Assessment Catellus Gateway Business $ 660,418.75 $ 594.38 Development Park Corporation Tract 1, Block 1 26.1265 Acres (1,138,069 sq. ft) Catellus Gateway Business $ 206,924.87 $ 186.22 Development Park Corporation Tract 1, Block 2A 8. 1860 Acres (356,584 sq. ft.) Catellus Gateway Business $ 459,497.09 $ 413· 54 Development Park Corporation Tract 1, Block 2B 18.1779 Acres (791,830 sq. ft.) Catellus Gateway Business $ 420,115.16 $ 378.11 Development Park Corporation Tract 1, Block 2C 16.62 Acres (723,965 sq. ft.) Catellus Gateway Business $ 542,975.80 $ 488.69 Development Park Corporation Tract 1, Block 2D 21.4804 Acres (935,685 sq. ft.) Catellus Gateway Business $ 9,370·66 $ 8.41 Development Park Corporation Tract 1, Block 3 · 3707 Acres (16,148 sq. ft.) E~IBIT B B-1 Annual A~mist~atton Total Improvement Expense Gwner Description Assessment Assessment Catellus Gateway Business $ 844,713.72 $ 760.26 Development Park Corporation Tract 2A 36.139 Acres - 2,722 ~ 33.417 (1,574,224 sq. ft. - 118,568 - 1,455,656) Catellus Gateway Business $ 552,047.01 $ 496.85 Development Park Corporation Tract 2B 21.839 Acres (951,317 sq. ft.) Catellus Gateway Business $ 832,718.39 $ 749.46 Development Park Corporation Tract 2C 32.943 Acres (1,434,985 sq. ft.) Catellus Gateway Business $ 135,105.50 $ 121.58 Development Park Corporation Tract 3 7.862 Acres - 2.517 - 5.345 (342,455 sq. ft. - 109,634 - 232,821) Catellus Gateway Business $ 336,113.05 $ 302.50 Development Park Corporation Tract 4 15.567 Acres - 2.270 - 13,297 (678,076 sq. ft. - 98,868 - 579,208) TOTAL 8,616,268 sq. ft.* $5,000,000.00 $4,500.00 Metes and bounds description of parcels on the Assessment Roll. The parcels of the Assessment Roll are described by metes and bounds in Exhibit B and shown on the Plat attached as Exhibit C. * net square footage of usable land EXHIBIT B B-2 TRACT L BLOCK 1 BEING a tract of land situated in the S.A.&M.G. Railroad Survey, Abstract No. 1439, and being part of Block 1 Gateway Business Park, an addition to the City of Coppell, Dallus County, Texas as filed for record in Volume 90138, Page 4298 through 4296 of the Plat Records of Dallas County, Texas, and being all of proposed Block 1 of said Gateway Business Park Block 2, and being more particularly descn'bed as follows: BEGINNING at the most westerly southwest' corner of said Block 1, said corner being the intersection of the north line of I.H. 635 (fight-of-way varies) and the east line of Cotton Road (50' fight-of-way), said comer being on a circular curve to the fight, having a radius of 400.00 feet and whose back tangent bears North 40 degrees 58 minutes 33 seconds West; THENCE Northerly, along said east Line and along said curve tkrough a central angle of 36 degrees 05 minutes 32 seconds, an arc distance of 251,97 feet to the point of tangency; THENCE North 4 degrees 53 minutes 01 seconds West, along said east line, a distance of 1.16 feet to the point of curvature of a circular curve to the right, having a radius of 20.00 feet; THENCE Northeasterly, departing said east line and along said curve through a central angle of 87 degrees 03 minutes 07 seconds, an arc distance of 30.39 feet to the point of reverse curvature of a circular curve to the left, having a radius of 855.00 feet; THENCE Easterly, along the south line of Gateway Boulevard (70' right-of-way) and along said curve through a central angle of 4 degrees 23 minutes 09 seconds, an arc distance of 65.45 feet to the point of reverse curvature of a circular curve to the fight, having a radius of 785.00 feet; THENCE Easterly, along said south Line and along said curve through a central angle of 13 degrees 49 minutes 21 seconds, an arc distance of 189.38 feet to the point of tangency; THENCE South 88 degrees 23 minutes 42 seconds East, along said south line, a distance of 878.67 feet to the point of curvature of a circular curve to the left, having a radius of 864.00 feet; THENCE Easterly, along said south line and along said curve through a central angle of 22 degrees 18 minutes 40 seconds, an arc distance of 336.44 feet to the point of compound curvature of a circular curve to the left, having a radius of 250.00 feet; THENCE Northeasterly, along said south line of Gateway Boulevard (right-of-way varies) and along said curve titrough a central angle of 8 degrees 27 minutes 22 seconds, an arc distance of 36.90 feet to the point of reverse curvature of a circular curve to the right, having a radius of 250.00 feet; THENCE Northeasterly, along said south line and along said curve through a central angle of 4 degrees 39 minutes 42 seconds, an arc distance of 20.34 feet to for the point of compound curvature of a circular curve to the right, having a radius of 779.00 feet; THENCE Easterly, along said south line and along said curve through a central angle of 12 degrees 44 minutes 22 seconds, an arc distance of 173.21 feet to the point of compound curvature of a circular curve to the fight, having a radius of 242.50 feet; TRACT 1, BLOCK 1 (Continued) THENCE Easterly, along said south line and along said curve through a central angle of 15 degrees 56 minutes 26 seconds, an arc distance of 67.67 feet to the point of reverse curvature of a circular cmwe to the left, having a radius of 257.50 feet; THENCE Easterly, along said south line and along said curve through a central angle of 8 degrees 15 minutes 10 seconds, an arc distance of 37.09 feet to the point of reverse curvature of a circular curve to the fight having a radius of 769.00 feet; THENCE Easterly, along said south line and along said curve through a central angle of 5 degrees 54 minutes 11 seconds, an arc distance of 79.23 feet to the point of tangency; THENCE South 88 degrees 10 minutes 14 seconds East, along said south line of Gateway Boulevard (92' right-of-way), a distance of 50.00 feet to the point of curvature of a circular curve to the right having a radius of 30.00 feet; THENCE Southeasterly, departing said south line and along said curve through a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of 47.12 feet to the point of tangency; THENCE South 1 degree 49 minutes 46 seconds West, along the west line of Freeport Parkway (95' right- of-way), a distance of 731.53 feet to the point of curvature of a circular curve to the right having a radius of 10.00 feet; THENCE Southwesterly, departing said west line and along said curve through a central angle of 89 degrees 46 minutes 32 seconds, an arc distance of 15.67 feet to the point of mngency; THENCE North 88 degrees 23 minutes 42 seconds West, along the north line of Cotton Road (fight-of- way varies), a distance of 1344.26 feet to a point for a comer, said comer being the intersection of the north line of said Cotton Road and the said north line of I.H. 635 (right-of-way varies); THENCE North 54 degrees 44 minutes 53 seconds West, along said north line of I.H. 635, a distance of 590.15 feet to the POI2qT OF BEGINNING AND CONTAINq2NG 1,138,069 square feet or 26.1265 acres of land more or less. BEING a tract of land situated in the S.A-&M.G. Railroad Survey, Abstract No. 1439, and being part of Block 2 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 all of proposed Block 2A of said Gateway Business Park Block 2, and being more particularly descn'bed as follows: BEGINNING at the southwest corner of said Block 2, said comer being on the north fight-of-way line of Interstate Highway 635 (right-of-way varies); THENCE North 01 degrees 51 minutes 06 seconds East, departing said north line and along the west line of said Block 2, a distance of 627.09 feet to a point for a comer, said corner lying on the south fight-of-way line of proposed Southwestern Drive (60 feet right-of-way); THENCE North 87 degrees 24 minutes 30 seconds East, along said south line, a distance of .18 feet to a point for a comer, said corner being on a circular curve to the left, having a radius of 60.00 feet and whose back tangent bears South 2 degrees 35 minutes 30 seconds East; THENCE Easterly, along the south line of proposed temporary street right-of-way for a cul de sac and along said curve through a central angle of 160 degrees 31 minutes 44 seconds, an arc distance of 168.11 feet to the point of reverse curvature of a circular curve to the right, having a radius of 30.00 feet; THENCE Northeasterly, along said south line and along said curve through a central angle of 70 degrees 31 minutes 44 seconds, an arc distance of 36.92 feet to the point of tangency; THENCE North 87 degrees 24 minutes 30 seconds East, along said south line of Southwestern Drive (60' right-of-way), a distance of 314.02 feet to the point of curvature of a circular curve to the fight, having a radius of 30.00 feet; THENCE Southeasterly, departing said south line and along said curve through a central angle of 94 degrees 26 minutes 36 seconds, an arc distance of 49.45 feet to the point of tangency; THENCE South 1 degree 51 minutes 06 seconds West, along the proposed west line of Exchange Drive (60' fight-of-way), a distance of 733.10 feet to the point of curvature of a circular curve to the right, having a radius of 30.00 feet; THENCE Southwesterly, departing said west line and along said curve through a central angle of 87 degrees 49 minutes 19 seconds, an arc distance of 45.98 feet to the point of compound curvature of a circular curve to the right, having a radius of 785.00 feet; THENCE Westerly, along the north line of Gateway Boulevard (70' fight-of-way) and along said curve through a central angle of 32 degrees 02 minutes 09 seconds, an arc distance of 438.91 feet to a point for a comer said corner being the intersection of the north Line of said Gateway Boulevard and said north line of IH 635; ~ THENCE North 54 degrees 44 minutes 53 seconds West, along said north line of IH 635, a distance of 48.51 feet to the POINT OF BEGINNING AND CONTAINING 356,584 square feet or 8.1860 acres of land more or less. TRACT 1, BLOCK 2B BEING a tract of land situated in the S.A.&M.G. R~ilroad Survey, Abstract No. 1439, and being pan of Block 2 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 be/rig all of proposed Block 2B of said Gateway Business Park Block 2, and being more particularly described as follows: BEGENN1NG at a point located on the southeast corner of said Block 2B and said corner being on the west line of proposed Sterling Drive (60' right-of-way), said comer being on a circular curve to the right, having a radius of 30.00 feet and whose back tangent bears South 1 degrees 49 minutes 46 seconds West,; TH2ENCE Southwesterly, departing said west line and along said curve through a central angle of 89 degrees 46 minutes 32 seconds, an arc distance of 47.01 feet to the point of tangency on the existing north line of Gateway Boulevard (70' right-of-way); THENCE North 88 degrees 23 minutes 42 seconds West, along said north line, a distance of 693.09 feet to The point of cmwature of a circular curve to the left, having a radius of 855.00 feet; TH2ENCIZ Westerly, along said north line and along said curve through a central angle of 13 degrees 49 minums 21 seconds, an arc distance of 206.27 feet to the point of reverse curvature of a circular curve to the right, having a radius of 785.00 feet; TH2ENCE Westerly, along said north line and along said curve through a central angle of 2 degrees 42 minutes 39 seconds, an arc distance of 37.14 feet to the point of compound curvature of a circular curve to the right, having a radius of 30.00 feet; THENCE Northwesterly, departing said north lLne and along said curve through a central angle of 101 degrees 21 mutes 30 seconds, an arc distance of 53.07 feet to the point of tangency; THENCE North 1 degree 51 minutes 06 seconds East, along the east line of proposed Exchange Drive (60' right-of-way), a distance of 728.18 feet to the point of curvature of a circular curve to the right, having a radius of 30.00 feet; TH2ENCE Northeasterly, departing said east line and along said curve through a central angle of 85 degrees 33 minutes 24 seconds, an arc distance of 44.80 feet to the point of tangency; TH2ENCE North 87 degrees 24 minutes 30 seconds East, along the south line of proposed Southwestern Drive (60' right-of-way), a distance of 941.79 feet to the point of curvature of a circular curve to the right, having a radius of 30.00 feet; THENCE Southeasterly, departing said south line and along said curve through a central angle of 94 degrees 25 minutes 16 seconds, an arc distance of 49.44 feet to the point of tangency; THENCE South 1 degree 49 minutes 46 seconds West, a{ong said west line of Sterling Drive, a distance of 763.76 feet to the POI2NT OF BEGI2NNING AND CONTA/2NING 791,830 square feet or 18.1779 acres of land more or less. TRACT 1, BLOCK 2C BEING a tract of land situated in the S.A.&M.G. Railroad Survey, Abstract No. 1439, and being part of Block 2 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 all of proposed Block 2C of said Gateway Business Park Block 2, and being more particularly deschiDed as follows: BEGINNING at a point located on thd southwest corner of said Block 2C and said corner lying on the north line of existing Gateway Boulevard (70' fight-of-way), said comer being on a circular curve to the right, having a radius of 30.00 feet and whose back tangent bears North 88 degree 23 minutes 42 seconds West; THENCE Northwesterly, departing said north line and along said curve through a central angle of 90 degrees 13 minutes 28 seconds, an arc distance of 47.24 feet to the point of rangehey; THENCE North 1 degree 49 minutes 46 seconds East, along the east line of proposed Sterling Drive (60' right-of-way), a distance of 772.57 feet to the point of curvature of a circular curve to the fight, having a radius of 30.00 feet; THENCE Northeasterly, departing said east line and along said curve through a central angle of 85 degrees 34 minutes 44 seconds, an arc distance of 44.81 feet to the point of rangehey; THENCE North 87 degrees 24 minutes 30 seconds East, along the south line of proposed Southwestern Drive (60' right-of-way), a distance of 332.61 feet to the point of curvature of a circular curve to the left, having a radius of 490.00 feet; THENCE Easterly, continuing along said south line and along said curve through a central angle of 24 degrees 08 minutes 13 seconds, an arc distance of 206.42 feet to the point of reverse curvature of a circular curve to the fight, having a radius of 430.00 feet; THENCE Easterly, continuing along said south line and along said curve tkrough a central angle of 24 degrees 08 minutes 03 seconds, an arc distance of 181.12 feet to the point of tangency; THENCE North 87 degrees 24 minutes 19 seconds East, continuing along said south line, a distance of 141.87 feet to the point of curvature of a circular curve to the fight, having a radius of 30.00 feet; THENCE Southeasterly, departing said south line and along said curve through a central angle of 98 degrees 07 minutes 59 seconds, an arc distance of 51.38 feet to the point of reverse curvature of a circular curve to the left, having a radius of 890.00 feet; THENCE Southerly, along the west line of Freeport Parkway (95' fight-of-way) and along said curve through a central angle of 3 degrees 42 minutes 32 seconds, an arc distance of 57.61 feet to the point of tangency; THENCE South 1 degree 49 minutes 46 seconds West, continuing along said west line, a distance of 673.44 feet to the point of cu~wature of a circular curve to the fight, having a radius of 30.00 feet; THENCE Southwesterly, departing said west line 'and along said curve through a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of 47.12 feet to the point of tangency; TRACT 1, BLOCK 2C (Continued) THENCE North 88 degrees 10 minutes 14 seconds West, along the said north Line of Gateway Boulevard (92' fight-of-way at this point), a distance of 50.00 feet to the point of curvature of a circular curve to the left, having a radius of 861.00 feet; THENCE Westerly, continuing along said north Hne (fight-of-way varies) and along said curve through a central angle of 13 degrees 54 minutes 19 seconds, an arc distance of 208.96 feet to the point of compound curvature of a circular curve to the left, having a radius of 457.50 feet; THENCE Southwesterly, continuing along said north line and along said curve through a central angle of 19 degrees 56 minutes 56 seconds, an arc distance of 159.29 feet to the point of reverse curvature of a circular curve to the fight, hav~g a radius of 250.00 feet; THENCE Southwesterly, continuing along said north line and along said curve through a central angle of 11 degrees 56 minutes 06 seconds, an arc distance of 52.08 feet to the point of reverse curvature of a circular curve to the leet, having a radius of 250.00 feet; TEENCE Westerly, continuing along said north ILne and along said curve through a central angle of 1 degree 58 minutes 49 seconds, an arc distance of 8.64 feet to the point of reverse curvature of a circular curve to the right, having a radius of 794.00 feet; THENCE Westerly, continuing along said north line of Gateway Boulevard (70' right-of-way) and along said curve through a central angle of 23 degrees 40 minutes 30 seconds, an arc distance of 328.08 feet to the point of tangency; THENCE North 88 degrees 23 minutes 42 seconds West, continuing along said north line, a distance of 65.58 feet to the POINT OF BEGINNING and containing 723,965 square feet or 16.6200 acres of land more or less. TRACT 1, BLOCK 2D BEING a tract of land situated in the S~.&M.G. Railroad Survey, Abstract No. 1439, and being pan of Block 2 Gateway Business Park, an addition to the City of Coppell, Dal/as County, Texas as fried for record in Volume 90138, Page 4298 through 4296 of the Plat Records of Dal/as County, Texas, and being all of proposed Block 2D of said Gateway Business Park Block 2, and being all of a 0.25 acre tract to the City of Coppert as shown on Abstract Map 1439, Dal/as County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of said Block 2, said corner being on the common north line of said Block 2 and the south line of the SL Louis and Southwestern Railroad right-of-way (10ft fight-of-way); THENCE North 87 degrees 24 minutes 30 seconds East, along said common line, a distance of 2413.04 feet to a point on line, said point being the northwest corner of a 0.25 tract to the City of Coppell as shown on Abstract Map 1439 County of Dallas, Texas; THENCE North 87 degrees 24 minutes 30 seconds East, departing said north line of Block 2 and along the north line of said 0.25 acre tract and said south line, a distance of 102.05 feet to a point on line; THENCE North 87 degrees 24 minutes 30 seconds East, departing said north line of 0.25 acre tract and along said common line of said Block 2 and said St. Louis Southwestern Railroad right-of-way, a distance of 49.57 feet to a point for a corner; THENCE South 8 degrees 39 minutes 01 seconds West, departing said common line and along the west line of Freeport Parkway (80' right-of-way), a distance of 280.79 feet to the point of curvature of a cixcular curve to the right, having a radius of 30.00 feet; THENCE Southwesterly, departing said west line and along said curve through a central angle of 78 degrees 45 minutes 18 seconds, an arc distance of 41.24 feet to the point of tangency; THENCE South 87 degrees 24 minutes 19 seconds West, along the north line of proposed Southwestern Drive (60' right-of-way), a distance of 164.34 feet to the point of curvature of a circular curve to the left, having a radius of 490.00 feet; THENCE Westerly, continuing along said north line and along said curve through a central angle of 24 degrees 08 minutes 03 seconds, an arc distance of 206.40 feet to the point of reverse curvature of a circular curve to the right, having a radius of 430.00 feet; THENCE Westerly, continuing along said north line and along said curve through a central angle of 24 degrees 08 minutes 13 seconds, an arc distance of 181.15 feet to the point of tangency; THENCE South 87 degrees 24 minutes 30 seconds West, continuing along said north line, a distance of 1969.51 feet to a point for a corner, said corner being the intersection of said north line and the west line of said Block 2; THENCE North 2 degrees 35 minutes 30 seconds West, d~paning said north line and along said west line, a distance of 381.15 feet to the POINT OF BEGINNING AND CONTAINING 935,685 square feet or 21.4804 acres of land more or less. I:XAVO~I Ig'/8X~tPXLDSHO TRACT 1, BLOCK 3 BEING a tract of land situated in the S.A.&M.G. Railroad Survey, Abstract No. 1439, and being part of Block 3 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 a/] of proposed Block 3 of said Gateway Business Park Block 2, and being more particularly desan'bed as follows: BEGINNING at the most northwesterly comer of said Block 3 and sai/:l comer being the intersection of the south line of Gateway Boulevard (70' fight-of-way) and the north line of LH. 635 (right-of-way varies), said comer being on a circular curve to the left, having a radius of 855.00 feet and whose back tangent bears South 78 degrees 20 minutes 47 seconds East; THENCE Easterly, along said south line and along said curve through a central angle of 13 degrees 35 minutes 22 seconds, an arc distance of 202.79 feet to a point for the point of reverse curvature of a circular curve to the right having a radius of 20.00 feet; THENCE Southeasterly, departing said south line and along said curve through a central angle of 87 degrees 03 minutes 07 seconds, an arc distance of 30.39 feet to a point for the point of tangency; THENCE South 4 degrees 53 minutes 02 seconds East, along the west line of Cotton Road (50' right-of- way), a distance of 1.16 feet to a point for the point of curvature of a circular curve to the left, having a radius of 450.00 feet; THENCE Southerly, along said west line and along said curve through a central angle of 19 degrees 33 minutes 26 seconds, an arc distance of 153.60 feet to a point for a comer, said comer being the intersection of said south line and said north line of I.H. 635; THENCE North 54 degrees 44 minutes 53 seconds West, along said north line, a distance of 319.59 feet to a point the POI2NT OF BEGINNING AND CONTAINING 16,148 square feet or .3707 acres of land more or less. ~VOUX~WmLD6~O ~- IO TRACT 2A GROSS AND NET BEING a tract of land situated in the Cordelia Brown 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 desert'bed 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 desert'bed as follows: CONLMENCING 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; THENCE North 78 degrees 20 minutes 17 seconds West, along the northeast line of I.H. 635, a distance of 95.00 feet to the POINT OF BEGINNING; THENCE South 66 degrees 59 minutes 20 seconds West, continumg along said northeast line, a distance of 80.86 feet to a point for a comer; THENCE North 80 degrees 50 minutes 57 seconds West, continuing along said northeast line, a distrance of 68.28 feet to a point for a comer; THENCE North 78 degrees 20 minutes 17 seconds West, continuing along said northeast line, a distance of 275.97 feet to a point for a comer; THENCE North 63 degrees 58 minutes 32 seconds West, continuing along said northeast line, a distance of 157.56 feet to a point for a comer; THENCE North 42 degrees 29 minutes 36 seconds West, continuing along said northeast line, a distance of 28.00 feet to a point for a comer; THENCE North 59 degrees 20 minutes 36 seconds West, continuing along said northeast line, a distance of 811.79 feet to a point for a comer; THENCE North 36 degrees 45 minutes 13 seconds West, continuing along said northeast line, a distance of 210.02 feet to a point for a comer; THENCE North 02 degrees 35 minutes 43 seconds East, departing said northeast line, a distance of 897.75 feet to a point for a comer being the southwest comer of a 1.4515 acre tract of land being the remainder of a tract of land descn'bed by deed to Hunt Investment Corporation as recorded in Volume 74223, Page 1247 of said Deed Records; THENCE North 76 degrees 26 minutes 05 seconds East, along said south line of said 1.4515 acre t~act, a distance of 0.61 feet to the point of curvature of a circular curve to the left, having a radius of 674.24 feet; THENCE Northeasterly, continuing along said south Line ,and along said curve through a central angle of 25 degrees 45 minutes 32 seconds, an arc distance of 303.12 feet to a point for a comer in the southwest line of Freeport Parkway (80' right-of-way), said point lying on a circular curve to the left, having a radius of 306.34 feet and whose chord bears South 33 degrees 16 minutes 36 seconds East; THENCE Southeasterly, departing said south line and along said southwest line with said curve through a central angle of 04 degrees 00 minutes 26 seconds, an arc distance of 21.43 feet to the point of tangenQ: TRACT 2A (Continued) THENCE South 35 degrees 16 minutes 50 seconds East, continuing along said southwest line, a distance of 643.89 feet to a point for a comer; THENCE South 54 degrees 43 minutes 10 seconds East, a distance of 2.00 feet to a point for a comer; THENCE South 35 degrees 16 minutes 50 seconds East, along said southwest line, a distance of 860.11 feet to the point of curvature of a circular curve to the right, having a radius of 778.00 feet; THENCE Southerly, along said southwest line and along said curve through a central angle of 46 degrees 56 minutes 33 seconds, an arc distance of 637.42 feet to the point of tangency; THENCE South 11 degrees 39 minutes 43 seconds West, along the west line of said Freeport Parkway, a distance of 45.91 feet to a point for a comer; THENCE North 78 degrees 20 minutes 17 seconds West, a distance of 8.00 feet to a point for a comer; THENCE South 11 degrees 39 minutes 43 seconds West, along the west line of Freeport Parkway (100' right-of-way), a distance of 200.00 feet to the POINT OF BEGINNING AND CONTAINING 1,574,224 square feet or 36.139 acres of land more or less including 118,568 square feet or 2.722 acres of land more or less proposed for Grapevine Creek Easement. Note: This description is based on record information including a boundary survey for Triland Investment by Albert H. Halff Associates, Inc. dated July, 1985 and includes areas dedicated for public use (i.e., utility easements) and also includes are within the 100-year floodplain as shown on FIRM Maps 480170 0005, 480165 0005, and 480165 0050. I:~AVOU19'/SX~/PMj)36142 6 -I 1 TRACT 2B BEING a tract of land situated in the Cordella Brown Survey, Abstract No. 56, the James k Simmons Survey, Abstract No. 1296, and the Joel Wilson Survey, Abstract No. 1555, Dallas County, Texas, and being pan of a tract of land as descn'bed 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 descn'bed as follows: BEGINNING at the intersection of the south line of Airline Drive (60' right-of-way) and the east line of Freeport Parkway (proposed 84' fight-of-way); THENCE North 54 degrees 43 minutes 10 seconds east, along the southeast line of said Airline Drive, a distance of 7.63 feet to the point of curvature of a circular 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 26 minutes 50 seconds, an arc distance of 214.74 feet to the point of tangohey; THENCE North 36 degrees 16 minutes 20 seconds East, continuing along said southeast line, a distance of 593.27 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 an~e of 55 degrees 37 minutes 15 seconds, an arc distance of 48.54 feet to a point for a comer; THENCE South 01 degrees 20 minutes 07 seconds West, departing said south line and along the west line of Block 9 Park West Commerce Center as fled for record in Volume 90218, Page 3272 of the Plat Records of Dallas County, Texas, a distance of 627.58 feet to 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 16 minutes 17 seconds, an arc distance of 262.00 feet to a point for a comer; THENCE South 01 degrees 19 minutes 28 seconds West, continuing along said west line, a distance of 440.36 feet to a point for a comer in the north line of proposed Wrangler Drive (65' right-of-way); THENCE North 89 degrees 06 minutes 45 seconds West, along said north line, a distance of 143.98 feet to the point of curvature of a circular curve to the left, having a radius of 632.50 feet; THENCE Westerly, along said north line and along said curve through a central angle of 31 degrees 25 minutes 38 seconds, an arc distance of 346.93 feet to a point for a comer, said comer being on a circular curve to the right having a radius of 862.00 feet and whose back tangent bears North 31 degrees 41 minutes 51 seconds West; THENCE Northwesterly, departin said north line, along said west line of Freeport Parkway and along said curve through a central angle of 3 degrees 34 minutes 59 seconds, an arc distance of 53.91 feet to the point of tangency; ~ TRACT 2B (Continued) THENCE North 35 degrees 16 minutes 50 seconds West, along said west line, a distance of 872.58 feet to the POINT OF BEGINNING AND CONTAINING 951,317 square feet or 21.839 acres of land more or tess. l~bte: This description is based on record information including a boundary survey for Triland Investment by Albert H. Halff Associates, Inc. dated July, 1985 and includes areas dedicated for public use (i.e., utility easements) and also includes are within the 100-year floodplain as shown on FIRM Maps 480170 0005, 480165 0005, and 480165 0050. EX~VOU~97SXW~LD23HO I~ -- I TRACT 2C BEING a tract of land situated in the Cordella Brown 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 pan of a tract of land as descn~ed 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 descn'bed 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; THENCE South 78 degrees 20 m~nutes 17 seconds East, along the proposed south l~ne of Freeport Parkway, a d/stance of 5.00 feet to a point for a comer; THENCE North 11 degrees 39 minutes 43 seconds East, along the proposed east line of Freeport Parkway (100' right-of-way), a distance of 200.00 feet to a point for a comer; THENCE North 78 degrees 20 minutes 17 seconds West, along said east line, a distance of 8.00 feet to a point for a comer; THENCE North 11 degrees 39 minutes 43 seconds East, along said east line, a distance of 45.95 feet to the point of curvature of a ckcular curve to the left, having a radius of 862.00 feet; THENCE Northerly, along said east line and along said curve through a central angle of 39 degrees 02 minutes 25 seconds, an arc distance of 587.35 feet to a point for a comer, said comer being on a circular curve to the right, having a radius of 567.50 feet and whose back tangent bears North 59 degrees 20 minutes 43 seconds East; THENCE Easterly, departing said east line and along the proposed south line of Wrangler Drive (65' right-of-way) and along said curve through a central angle of 31 degrees 32 minutes 31 seconds, an arc distance of 312.41 feet to the point of tangency; THENCE South 89 degrees 06 minutes 46 seconds East, along the south line, a distance of 405.81 feet to a point for a comer; TH2ENCE South 01 degrees 08 minutes 02 seconds West, departing said south line and along the west line of a tract described by Deed to Coppell Independent School District as filed for record in Volume 417, Page 461 of said Deed Records, a distance of 1867.65 feet to a point for a comer; THENCE South 01 degrees 33 minutes 48 seconds West, departing said west line, a distance of 791.33 feet to a point for a comer in the northeast line of I.H. 635; THENCE North 34 degrees 24 minutes 07 seconds West, along said northeast line, a distance of 1194.58 feet to a point for a comer; THENCE North 04 degrees 17 minutes 49 seconds Eas~, continuing along the highway right-of-way. a distance of 740.30 feet to a point for a comer; TRACY 2C (Continued~ THENCE North 06 degrees 54 minutes 39 seconds East, continuing along said fight-of-way, a distance of 49.76 feet to the POINT OF BEGENNING AND CONTAINING 1,434,985 square feet or 32.943 acres of land more or less. Note: This description is based on record information including a boundary survey for Tfiland Investment by Albert H. Halff Associates, Inc. dated July, 1985 and includes areas dedicated for public use (i.e., ' utility eaLsements) and a/so includes are within the 100-year floodplain as shown on FIRM Maps 480170 0005, 480165 0005, and 480165 0050. n~AVOU~TS~WmLD2~HO ~- I/~ TRACT 3 - GROSS AND NET 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 as descn'bed 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 desert'bed as follows: BEGINNING at an intersection of the northwest line of Airline Drive (60' right-of-way) and the northeast line of Freeport Parkway (80' fight-of-way); ' ' THENCE North 35 degrees 16 minutes 50 seconds West, along the northeast line, a distance of 571.39 feet to the point of curvature of a circular curve to the right, having a radius of 226.34 feet; THENCE Northeasterly, along said northeast line through a central angle of 08 degrees 14 minutes 06 seconds, an arc distance of 32.53 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 39 degrees 57 minutes 24 seconds East; THENCE Northeasterly, along said curve to the le[t departing said northeast line and along the south line of Block 2 Park West Commerce Center as tided for record in Volume 90218 Page 3272 of the Plat Records of Dallas County, Texas, through a central angle of 07 degrees 09 minutes 03 seconds, an arc distance of 84.15 feet to a point for a comer; THENCE North 36 degrees 22 minutes 52 seconds East, continuing along said south line, a distance of 127.66 feet to a point for a comer; THENCE South 88 degrees 07 minutes 01 seconds East, continuing along said south line, a distance of 364.01 feet to a point for a comer; THENCE North 36 degrees 22 minutes 52 seconds East, continuing along said south line, a distance of 207.52 feet to a point for a comer; THENCE South 53 degrees 42 minutes 20 seconds East, continuing along said south line, a distance of 302.37 feet to a point for a comer in the northwest line said Airline Drive, said point lying on a curve to the left, having a radius of 110.00 feet and whose chord bears South 42 degrees 24 minutes 42 seconds West; THENCE Southwesterly, departing said south line and along said northwest line and with said curve through a central angle of 12 degrees 16 minutes 45 seconds, an arc distance of 23.57 feet to a point for a comer; THENCE South 36 degrees 16 minutes 20 seconds West, continuing along said northwest line, a distance of 539.27 feet to the point of curvature of a circular curve to the fight, having a radius of 606.96 feet; THENCE Southwesterly, continuing along said northwest line with said curve through a central angle of 18 degrees 26 minutes 50 seconds, an arc distance of 195.42 feet to a point for a comer; A -trl TRACT 3 (Continued) THENCE South 54 degrees 43 minutes 10 seconds West, continuing along said northwest line, a distance of 9.63 feet to the POINT OF BEGINNING AND CONTAINING 342,455 square feet or 7.862 acres of land more or less, including 109,634 square feet or 2.517 acres more or less proposed for Grapevine Creek easement. Note: This description is based on record information including a boundary survey for Tr~and Investment by Albert H. Halff Associates, Inc. dated July, 1985 and includes areas dedicated for public use (i.e., utility easements) and also includes are within the 100-year floodplain as shown on FIRM Maps 480170 0005, 480165 0005, and 480165 0050. TRACT 4 - GROSS AND NET 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 as desert'bed by deed to Santa Fe Pacific Realty Corporation, as recorded in Volume 89190, Page 4821 of the Deed Records of Dallas County, Texas, and being more particularly desert'bed as follows: BEGINNING at an intersection of the south line of Cotton Road (50' right-of-way) with the northeast Line of Interstate Highway 635; THENCE South 88 degrees 23 minutes 42 seconds East, a distance of 1214.45 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 Volume 785, Page 1637 of said Deed Records; THENCE South 02 degrees 35 minutes 43 seconds West, departing said south line, a distance of 1227.09 feet along the west line of said Secure Trust tract to a point for a comer lying on the northeast line of Interstate Highway 635; THENCE North 36 degrees 43 minutes 45 seconds West, along the northeast line of Interstate Highway 635, a distance of 953.75 feet to the POINT OF BEGINNING AND CONTAINING 678,076 square feet or 15.567 acres of land more or less, including 98,868 square feet or 2.270 acres of land more or less for proposed Grapevine Creek Easement. Note: This description is based on record informaffon includes areas dedicated for public use (i.e., utility easements) and also includes area within the 100-year floodplain as shown on survey performed by Nathan D. Maier Consulting Engineers, Inc. dated 9-28-89. EXHIBIT e., COPPELL OATBWA Y PUBLIC IMPRO~ DISTRICT SCHEDULE I Bonded D~bt Service