RE 12-14-99.1 849572
RESOLUTION NO. 121499.1 1925491 $39.00
Deed
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, APPROVING THE
TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND
BETWEEN THE CITY OF COPPELL, TEXAS AND COPPELL 121 PARTNERS, L.P.;
AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by
and among the City of Coppell, Texas and Coppell 121 Partners, L.P., a copy of which is attached
hereto and incorporated herein by reference; and
WHEREAS, upon full review and consideration of the Agreement, and all matters related
thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be
approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City of
Coppell Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS, THAT:
SECTION 1. The Agreement attached hereto having been reviewed by the City Council of
the City of Coppell, Texas, and found to be acceptable and in the best interest of the City and its
citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to
execute the Agreement on behalf of the City of Coppell, Texas.
SECTION 2. The City Council finds that the improvements proposed to be built upon the
Premises described in the Agreement will enhance the economic vitality of the community through a
combination of new capital investment, increased sales tax revenues, and the creation of additional job
opportunities.
SECTION 3. The tax abatement to be granted by the Agreement will not include inventory,
and supplies.
SECTION 4. The improvements proposed for the Premises will accomplish the tax
abatement guidelines of the City of Coppell, Texas.
1 30259_1.DOC
SECTION 5. The City Manager delivered to the presiding officer of the governing body of
each taxing unit in which the property subject to the Agreement is located, a written notice that the
City of Coppell, Texas, intends to enter into the Agreement. The notice given by the City Manager
included a copy of the Agreement approved by this Resolution.
SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the
affirmative vote of the majority of the members of the City Council of the City of Coppell, Texas, at a
regularly scheduled meeting of the City Council.
SECTION 7. This Resolution shall become effective immediately from and after its passage.
DULY RESOLVED AND ADOPTED by the City Council of the City of Coppell, Texas, on
this the 14th day of December, 1 999'
CITY OF COPPELL,
~,' ."' ,,~ CANDY SHEEHAN , MAYOR
~..." / ~
LIBBY BALL
CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
(PGS/ttl 12/07/1999)
30259_1.DOC
STATE OF TEXAS ~ §
§ COPPEll 121 PARTNER PHASE I
§ TAX ABATEMENT AGREEMENT
COUNTY OF DALIAS §
This Tax Abatement Agreement (the "AGREEMENT') is entered into by and between the
City of Coppell, Texas (the "CITY"), acting hereIN by and through its Mayor, and Coppell 121
Partners, L.P., a Delaware Limited Partnership (the "OWNER"), acting by and through its authorized
representative.
WITNESSETh:
WHEREAS, the City Council of the City of Coppell, Texas, (the "CITY'), passed an
Ordinance (the "ORDINANCE") establishing Tax Abatement Reinvestment Zone No. 24 (the
"ZONE"), for commercial/industrial tax abatement, as authorized by the Property Redevelopment and
Tax Abatement Act, Chapter 312 of the Texas Tax Code, as amended (the "TAX CODE"); and
WHEREAS, the CITY has adopted guidelines for tax abatement (the "TAX ABATEMENT
GUIDELINES"); and
WHEREAS, the TAX ABATEMENT GUIDELINES contain appropriate guidelines and
criteria governing tax abatement agreements to be entered into by the CITY as contemplated by the
TAX CODE; and
WHEREAS, the CITY has adopted a resolution stating that it elects to be eligible to
participate in tax abatement; and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Coppell area, it is in the best interests of the taxpayers for the CITY to enter
into this AGREEMENT in accordance with said ORDINANCE, the TAX ABATEMENT
GUIDELINES and the TAX CODE; and
WHEREAS, OWNER's development efforts described herein will create permanent new jobs
in the CITY; and
WHEREAS, the City Council finds that the contemplated use of the PREMISES (hereinafter
defined), the contemplated PHASE I IMPROVEMENTS (hereinaFter defined) to the PREMISES
thereto in the amount set forth in this AGREEMENT, and the other terms hereof are consistent with
encouraging development of the ZONE in accordance with the purposes for its creation and/or in
compliance with the TAX ABATEMENT GUIDELINES, the ORDINANCE adopted by the
CITY, the TAX CODE and all other applicable laws; and
WHEREAS, the City Council finds that the PHASE I IMPROVEMENTS sought are
feasible and practicable and would be of benefit to the PREMISES to be included in the ZONE and to
the CITY after expiration of this AGREEMENT; and
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 1 ss23730
WHEREAS, a copy of this AGREEMENT has been furnished, in the manner prescribed by
the TAX CODE, to the presiding officers of the governing bodies of each of the taxing units in which
the PREMISES is located; and
WHEREAS, the CITY desires to enter into an agreement with OWNER, the proposed
owner of the PREMISES within the Tax Abatement Reinvestment Zone for the abatement of taxes
pursuant to Chapter 3 12 of the TAX CODE as mended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein
and for good and other valuable consideration, the adequacy and receipt of which is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment in
the ZONE, which contributes to the economic development of Coppell and the enhancement of the tax
base in the CITY, the parties agree as follows:
GENERAL PROVISIONS
1. OWNER is the owner or is under contract to purchase the real property described in
Exhibit "A" attached hereto and made a part hereof for all purposes (the "PREMISES"), which real
property is located within the dry limits of the CITY and within the ZONE.
2. The PREMISES are not in an improvement project financed by tax increment bonds.
3. This AGREEMENT is entered into subject to the fights of the holders of outstanding
bonds of the CITY.
4. The PREMISES are not owned or leased by any member of the Coppell City Council
or any member of the Coppell Planning and Zoning Commission, or any member of the governing
body of any taxing units joining in or adopting this AGREEMENT.
TAX ABATEMENT AUTHORIZED
5. This AGREEMENT is authorized by the TAX CODE and in accordance with the
City Tax Abatement Guidelines and Criteria, and approved by resolution of the City Council of the
CITY authorizing the execution of this AGREEMENT.
6. Subject to the terms and conditions of this AGREEMENT, and provided that the
TAXABLE VALUE, of the PHASE I IMPROVEMENTS excluding the land and required tenant
finish out is at least Five Million Seven Hundred Fifty Thousand Dollars ($5,750,000) as of January 1
of the FIRST YEAR OF TAX ABATEMENT and as of January 1 of each consecutive year
thereafter for a period of four (4) years, the CITY hereby grants OWNER an abatement of seventy-
five percent (75%) of the TAXABLE VALUE of the PHASE I IMPROVEMENTS provided
however for any tax year beginning January 1 after completion of the interior of the PHASE I
IMPROVEMENTS (tenant finish out) and on January 1 of each year of abatement thereafter, the
TAXABLEE VALUE of the PHASE I IMPROVEMENTS excluding the land shall be no less than
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 2 ss23730
Ten Million Two Hundred Thirty Thousand Dollars ($10,230,000). The actual percentage of taxes
subject to abatement for each year of this AGREEMENT will apply only to that portion of the
TAXABLE VALUE of the PHASE I IMPROVEMENTS that exceeds the BASE YEAR
TAXABLE VALUE for the PHASE I IMPROVEMENTS, the year in which this AGREEMENT
is executed (base year/1999).
7. The period of tax abatement herein authorized shall be for a period of five (5) years,
beginning on January 1 ofthe FIRST YEAR OF TAX ABATEMENT and ending on December 31
of the fourth (4th) consecutive calendar year following the FIRST YEAR OF TAX ABATEMENT,
unless otherwise amended by the parties pursuant to the Tax Code.
8. During the period of tax abatement herein authorized, OWNER shall be subject to all
CITY taxation not abated, including but not limited to, sales tax and ad valorem taxation on land,
inventory and supplies.
DEFINITIONS
9. Wherever used in this AGREEMENT, the following terms shall have the meanings
ascribed to them:
A. COMPLETION OF CONSTRUCTION shall mean substantial completion
of the shell of the building or buildings comprising the IMPROVEMENTS constructed on the
PREMISES as determined by the CITY.
B. The PREMISES shall mean the real property described in Exhibit "A"
attached hereto and incorporated herein for all purposes including the improvements to be
constructed thereon, but excluding personal property which is to be added to the real property
subsequent to the execution of this AGREEMENT.
C. The PHASE I IMPROVEMENTS shall mean the contemplated
improvements to be constructed on the PREMISES and as further described herein.
D. TAXABLE VALUE means the appraised value as certified by the Appraisal
District as of January 1 of a given year.
E. The BASE YEAR shall mean the year in which this AGREEMENT is
executed (1999).
F. The FIRST YEAR OF TAX ABATEMENT shall be January 1 of the
calendar year immediately following the completion of construction of the shell of the building
or buildings comprising the PHASE I IMPROVEMENTS, excluding any required tenant
finish out.
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 3 SS23730
G. TANGIBLE PERSONAL PROPERTY shall mean tangible personal
property, equipment and fixtures other than inventory or supplies added to the PHASE I
IMPROVEMENTS subsequent to the execution of this AGREEMENT.
H. An EVENT OF BANKRUPTCY OR INSOLVENCY shall mean the
dissolution or termination of OWNER's existence as a going business, insolvency,
appointment of receiver for any part of OWNER's property and such appointment is not
terminated within thirty (30) days after such appointment is initially made, any general
assignment for the benefit of creditors, or the commencement of any proceeding under any
bankruptcy or insolvency laws by or against OWNER and such proceeding is not
dismissed within thirty (30) days after the filing thereof
IMPROVEMENTS
10. OWNER owns or is under contract to purchase the real property described in Exhibit
"A" and agrees to construct or cause to be constructed thereon four (4) one-story office buildings of at
least 161,300 combined square feet (and other ancillary facilities such as reasonably required parking
and landscaping more fully described in the submittals filed by OWNER with the CITY from time to
time in order to obtain a building permits) (the "PHASE I IMPROVEMENTS"). The cost of
development of the PHASE I IMPROVEMENTS including the land shall be at least Twelve Million
Five Hundred Dollars ($12,500,000). The location of such PHASE I IMPROVEMENTS will be
shown on a Site Plan of the PREMISES to be submitted to the CITY. The TAXABLE VALUE of
PHASE I IMPROVEMENTS excluding the land and tenant finish out, shall be no less than Five
Million Seven Hundred Fifty Thousand Dollars ($5,750,000) as of January 1 of the FIRST YEAR OF
TAX ABATEMENT and as of January 1 of each consecutive year thereafter for a period of four (4)
years provided however for any tax year beginning January 1 after completion of the interior of the
PHASE I IMPROVEMENTS (tenant finishout) and on January 1 of each year of abatement
thereafer, the TAXABLE VALUE of the PHASE I IMPROVEMENTS excluding the land shall be
no less than Ten Million Two Hundred Thirty Thousand Dollars ($10,230,000). Nothing in this
AGREEMENT shall obligate OWNER to construct the PHASE I IMPROVEMENTS, but said
actions is a condition precedent to tax abatement pursuant to this AGREEMENT.
11. OWNER agrees to continuously occupy, operate, maintain and use the PHASE I
IMPROVEMENTS as office buildings for a period of at least five (5) consecutive years
commencing on the date the last certificate of occupancy is issued for the PHASE I
IMPROVEMENTS.
CONSTRUCTION OF PHASE I IMPROVEMENTS
12. As a condition precedent to the initiation of tax abatement pursuant to this
AGREEMENT, OWNER will diligently and faithfully, in good and workmanlike manner, pursue the
completion of the PHASE I IMPROVEMENTS on or before December 31, 2000, as good and
valuable consideration for this AGREEMENT, and that all construction of the PHASE I
IMPROVEMENTS will be in accordance with all applicable state and local laws, codes, and
regulations, (or valid waiver thereof); provided, that OWNER shall have such additional time to
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 4 ss23730
complete and maintain the PHASE I IMPROVEMENTS as may be required in the event of"Force
Majeure," if OWNER is diligently and faithfully pursuing completion of the PHASE I
IMPROVEMENTS. Forthis purpose, "Force Majeure" shall mean any contingency or cause beyond
the reasonable control of OWNER including, without limitation, acts of God or the public enemy, war,
riot, civil commotion, insurrection, adverse weather, government or de facto governmental action
(unless caused by acts or omissions of OWNER), fires, explosions or floods, strikes, slowdowns or
work stoppages.
13. OWNER agrees to construct and maintain the PHASE I IMPROVEMENTS during
the term of this AGREEMENT in accordance with all applicable state and local laws, codes, and
regulations, including but not limited to CITY zoning, landscape, parking, tree preservation, and other
development regulations and ordinances.
14. The CITY, its agents and employees shall have the right of access to the PREMISES
during construction to inspect the PHASE I IMPROVEMENTS at reasonable times and with
reasonable notice to OWNER, and in accordance with OWNER's visitor access and security policies,
in order to insure that the construction of the PHASE I IMPROVEMENTS are in accordance with
this AGREEMENT and all applicable state and local laws and regulations (or valid waiver thereof).
GENERAL REQUIREMENTS
15. Construction plans for the PHASE I IMPROVEMENTS constructed on the
PREMISES will be filed with the CITY, which shall be deemed to be incorporated by reference
herein and made a part hereof for all purposes.
16. After completion of the PHASE I IMPROVEMENTS, OWNER shall certify in
writing to the CITY the construction cost of the PHASE I IMPROVEMENTS. OWNER shall also
annually certify to the CITY that it is in compliance with each term of the AGREEMENT.
17. The PREMISES and the PHASE I IMPROVEMENTS constructed thereon at all
times shall be used as office buildings in the manner (i) that is consistent with the CITY's
Comprehensive Zoning Ordinance, as amended, and (ii) that, during the period taxes are abated
hereunder, is consistent with the general purposes of encouraging development or redevelopment
within the/,ONE.
18. OWNER agrees to provide the tenants of the PHASE I IMPROVEMENTS the
benefit of the abatement of the taxes granted herein. OWNER shall, upon written request,
provide the CITY with satisfactory evidence that the benefits of this AGREEMENT have been
provided to the tenants of the PHASE I IMPROVEMENTS.
DEFAULT: RECAPTURE OF TAX REVENUE
19. In the event OWNER fails in performance of any of the following conditions: (i)
completion of the PHASE I IMPROVEMENTS in accordance with this AGREEMENT or in
accordance with applicable State or local laws, codes or regulations; (ii) has any delinquent ad valorera
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 5 ss23730
or State sales taxes owed to the CITY (provided OWNER retains its right to timely and properly
protest such taxes or assessment); iii) upon the occurrence of any "EVENT OF BANKRUPTCY
OR INSOLVENCY'; or (iv) breaches any of the terms and conditions of this AGREEMENT, then
OWNER, after the expiration of the notice and cure periods described below, shall be in default of this
AGREEMENT. As liquidated damages in the event of such default, OWNER shall, within thirty
(30) days aRer demand, pay to the CITY all taxes, which otherwise would have been paid to the
CITY without benefit of a tax abatement with interest at the statutory rate for delinquent taxes as
determined by Section 33.01 of the TAX CODE, as amended but without penalty. The parties
acknowledge that actual damages in the event of default termination would be speculative and difficult
to determine. The parties further agree that any abated tax, including interest as a result of this
AGREEMENT, shall be recoverable against OWNER, its successors and assigns and shall constitute
a tax lien on the PREMISES and the TANGIBLE PERSONAL PROPERTY and shall become
due, owing and shall be paid to the CITY within thirty (30) days after termination.
20. Upon breach by OWNER of any obligations under this AGREEMENT, the CITY
shall notify OWNER in writing. OWNER shall have thirty (30) days from receipt of the notice in
which to cure any such default. If the default cannot reasonably be cured within a thirty (30) day
period, and OWNER has diligently pursued such remedies as shall be reasonably necessary to cure
such default, then the CITY may extend the period in which the violation must be cured.
21. If OWNER fails to cure the default within the time provided as specified above or, as
such time period may be extended, then the CITY at its sole option shall have the right to terminate
this AGREEMENT, by written notice to OWNER
22. Upon termination of this AGREEMENT by CITY, all tax abated as a result of this
AGREEMENT shall become a debt to the CITY as liquidated damages, and shall become due and
payable not later than thirty (30) days aRer notice of termination is made. The CITY shall have all
remedies for the collection of the abated tax provided generally in the TAX CODE for the collection
of delinquent property tax. The CITY at its sole discretion has the option to provide a repayment
schedule. The computation of tax abated for the purposes of the AGREEMENT shall be based upon
the full TAXABLE VALUE without tax abatement for the years in which tax abatement hereunder
was received by OWNER with respect to the PHASE I IMPROVEMENTS and the TANGIBI,E
PERSONAL PROPERTY located therein, as determined by the Appraisal District, multiplied by the
tax rate of the years in question, as calculated by the City Tax Assessor-Collector. The liquidated
damages shall incur penalties as provided for delinquem taxes and shall commence to accrue after
expiration of the thirty (30) day payment period. The provisions of this Paragraph shah survive
termination.
ANNUAL APPLICATION FOR TAX EXEMPTION; RENDITION
23. It shall be the responsibility of OWNER, pursuant to the TAX CODE, to file an
annual exemption application form with the Chief Appraiser for each Appraisal District in which the
eligible taxable property has situs. A copy of the exemption application shall be submitted to the
CITY.
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 6 ss23730
24. OWNER shall annually render the values of the PHASE I IMPROVEMENTS to
the Appraisal District and provide a copy of the same to the CITY.
SUCCESSORS AND ASSIGNS
25. This AGREEMENT shall be binding on and inure to the benefit of the parties to it and
their respective heirs, executors, administrators, legal representatives, successors, and assigns. This
AGREEMENT may not be assigned without the consent of the City Manager which shall not be
unreasonably withheld.
NOTICE
26. All notices required by this AGREEMENT shall be addressed to the following or
other such other party or address as either party designates in writing by certified mail, postage prepaid
or by hand delivery:
If intended for OWNER, to:
Attn: Charles A. "Mac" McClure
c/o The Industrial Group
P.O. Box 802047
Dallas, Texas 75380-2047
With copy to:
Mr. Gary S. Kessler
Kessler & Collins, P.C.
5950 Sherry Lane
Suite 222
Dallas, Texas 75225
If intended for CITY, to:
City of Coppell, Texas
City Manager
P. O. Box 478
Coppell, Texas 75019
With copy to:
Peter G. Smith
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 7 SS23730
CITY COUNCIL AUTHORIZATION
27. This AGREEMENT was authorized by resolution of the City Council approved by its
Council meeting authorizing the Mayor to execute this AGREEMENT on behalf of the CITY.
TAXPAYER AUTHORIZATION
28. This AGREEMENT is executed by Michael J. Everly, authorized signatory of
OWNER who is authorized to execute this AGREEMENT on behalf of OWNER
SEVERABILITY
29. In the event any section, subsection, paragraph, sentence, phrase or word herein is held
invalid, illegal or unconstitutional, the balance of this AGREEMENT shall stand, shall be enforceable
and shall be read as if the parties intended at all times to delete said invalid section, subsection,
paragraph, sentence, phrase or word.
APPLICABLE LAW
30. This AGREEMENT shall be construed under the laws of the State of Texas. Venue
for any action under this AGREEMENT shall be the State District Court of Dallas County, Texas.
This AGREEMENT is performable in Dallas County, Texas.
COUNTERPARTS
31. This AGREEMENT may be executed in any number of counterparts, each of which
shall be deemed an original and constitute one and the same instrument.
ENTIRE AGREEMENT
32. This AGREEMENT embodies the complete agreement of the parties hereto,
superseding all oral or written previous and contemporary agreements between the parties and relating
to the matters in this AGREEMENT, and except as otherwise provided herein cannot be modified
without written agreement of the parties to be attached to and made a part of this AGREEMENT.
33. The provisions of this AGREEMENT are hereby declared covenants running with the
PREMISES and are fully binding on all successors, heirs, and assigns of OWNER who acquire any
fight, title, or interest in or to the PREMISES, or any part thereof. Any person who acquires any
right, title, or interest in or to the PREMISES, or any part hereof, thereby agrees and covenants to
abide by and fully perform the provisions of this AGREEMENT with respect to the right, title or
interest in such PREMISES.
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 8 ss2373o
RECORDATION OF AGREEMENT
34. A certified copy of this AGREEMENT shall be recorded in the Deed Records of
Dallas County, Texas.
INCORPORATION OF RECITALS
35. The recitals to this AGREEMENT are hereby incorporated herein as part of this
AGREEMENT.
EXHIBITS
36. All exhibits to this AGREEMENT are incorporated herein by reference for all
purposes wherever reference is made to the same.
CONSTRUCTION
37. Both parties have participated in the negotiation and preparation of this
AGREEMENT. This AGREEMENT shall not be constructed more or less strongly against either
party. OWNER acknowledges that it has obtained legal counsel to assist in the preparation of this
AGREEMENT and that OWNER has fully satisfied itself; without warranty or representation not
expressly contained herein, by CITY that the tax abatement contemplated hereby is available in all
respects.
38. This AGREEMENT is contingent upon OWNER closing its purchase of the
PREMISES.
EXECUTED in duplicate originals this the 15th day of Dec., 1999.
CITY OF COPPELL , TEXAS
CANDY SHEEHAN, ,MAYOR
ATTEST;
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM;
PETER G. SMITH, CITY ATTORNEY
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 9 ss23730
· "! i ' ','i ...~ L) i
EXECUTED in duplicate originals this the 22 day oF Nov., 1999.
COPPELL 121 PARTNERS, L.P., A DELAWARE
LIMITED PARTNERSHIP
MICHAEL J. EVERLY
Title: ' .- ·
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 10 ss23730
CITY'S ACKNOWlEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 15th day of December, 1999
by Candy Sheehan, Mayor of the City of Coppell, Texas, a Texas municipality, on behalf of said
municipality.
LIBBY BALL
Notary Public, State of Texas
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 11 ss23730
OWNER'S ACKNOWLEDGMENT
STATE OF §
COUNTY OF {}
This instrument was acknowledged before the day of , 19__,
by Michael J. Everly, authorized Dell 121 Partners, L.P. a Delaware Limited
Partnership, on behalf of said F
Notary Public, State of
(SEE ATTACHED)
My Commission expires:
COPPELL 121 PARTNERS PHASE I
TAX ABATEMENT AGREEMENT - Page 12 ss23730
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~ State of California
County of LOS ANGELES } ss.
11.20.99 Date e, No~ Public")
~rsonally known to me
D proved to me on the basis of satisfacto~
evidence
to be the personS) whose name~ is/a~
subscribed to the within instrument and
acknowledged to me that he/~r't~y executed
the same in his/~/t authorized
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the entity upon behalf of which the person¢
, _ , .
~ ~m,~~],~ WITNESS y hand and official seal.
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Place Nota~ Seal Above i na ure o
~ OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ~X
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
ED Individual Top of thurnb here
[] Corporate Officer -- Title(s):
[] Partner- ~ Limited [] General
[] Attorney in Fact
[] Trustee
[] Guardian or Conservator
[] Other:
Signer Is Representing:
997 National Notary Association · 9350 De Soto Ave.. P O Box 2402 · ChatswoMh, CA 91313-2402Prod. No. 5907Reorder: Call Toll-Free 1-800-876-6827
FiELD NOTES:
WHEREAS, Coppel l21 Partners, L.P., is the sole owner of a tract of land situated In
T.W. Cousy Survey, Abstract NO. 317. and being all Of Phase 1, Block 1, One Twenty
One Business Park. on addition to the city of Coppell, as recorded in Volume 819O4. Page
2568, Map Records, Dallas County, Texas. and being more particularly described as
follows:
BEGINNING at a1/2' found iron rod with cap for the southeast corner of Phase 1, Block
1. said iron rod being in the west right-of-way line of Coppell Road as dedicated on the
Final Plat Phase I, One Twenty One Business Park, as recorded in Volume 81094. Page
2568, Map Records. Dallas County, Texas. and also being in the north line of the W.F.
CalleJo. Trust, tract recorded in Volume 800O4, Page 1835. Deed Records. Dallas
County, Texas. and also being In the common line of the John E. Holland Survey, Abstract
NO. 614 and the T.W. Cousy Survey. Abstract No. 317~
THENCE North 88 degrees 26 minutes 35 seconds west, along the south line of
T.W. Cousy Survey, a distance of 2497.11 feet to a1/2"found iron rod with cap for
corner, said Iron rod being In the east right-of-way line of State Highway 121 (variable
wldth right-of-way); -,
THENCE NOrth 44 degrees 13 minutes 23 seconds East, departing said SOuth line and
along said east line, a distance of 691.76 feet to a1/2' found Iron rod with cap for corner,
said Iron rod being In the south rlght-of-way line of Corporate Pork Boulevard (60 foot
wlde right-of-way), and also being the point Of curvature for a non-tangent circular curve
to the left with a radius of 460.27 feet and a chord bearing and distance of South 68
degrees 20 minutes 32 seconds East, 315.06 feet;
THENCE along said curve to the left, departing said east line and along said south line,.
through a central angle of
40 degrees 1 minute 43 seconds, an arc distance of 321.56 feet
to a 1/2' found iron rod with cap for corner;
THENCE South 88 degrees 26 minutes0 seconds East, along said south line, a distance
west right-of-way line of Coppell Road; for corner, said Iron rod being in said
THENCE South 1 degree 28 minutes 22 seconds West, departing said south line and
along said west line, a distance of 400.09 feet to the POINT OF BEGINNING AND
CONTAINING 941.102 square feet or 21.6047 acres of land more or less.
E~HIBIT "A"
FILED
~: '~ Y ~TATE OF TEXAS COU~ OF DAL~S
I h~reb~ ced~ this ins~ment ~'~ fihd on the da~e end
~lpcd hercon by me and w~s duly recq;d~>d in the v~tume sad
age a~ the namt~ ~co~Gs of Dallas Count, T~as as s~am~
_.,
BEt ~ 1999
~ COUNff C~ Dallas Coua~, TM
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