Loading...
Gateway BP(1.1)-CS 910628 C A T E L L U S Hand Delivered i' June 28, 1991 Mr. Gary L. Sieb Director of Planning City of Coppell P. O. Box 478 Coppell, Texas 75019 Re: Request for City Approval Public Improvement District Financing Gateway Business Park Dear Mr. Sieb: Thank you for your approval of our request to submit a Petition to establish a Public Improvement District encompassing Gateway Business Park. Today, June 28, I officially submitted the Petition to your City Secretary. A copy is attached for your review. The Texas PID law is written very broadly. It allows creation by a city, by an individual land owner or by numerous land owners. It allows funding of very diverse improvements or very specific improvements. Since our PID was requested by a single land owner on a specific property for specific improvements, the timing and process to implement the PID is much simpler than it would be if implemented by a city or if it encompassed numerous land owners. According to the state PID law, Chapter 372 of the Local Government Code, a municipality accepts the Petition in order to activate the PID consideration. This is what you agreed to accept at your July 9 council meeting, during our meeting of June 25. At the time of acceptance, the City accepts the Petition and calls a public hearing to consider creation of the PID. The law states that an advisory body may be established at this time to develop and recommend an improvement plan to the City. This advisory body is to include owners of the property. A municipal employee should be included for understanding of the plan and presentation of the plan to the Council. At least fifteen days prior to the next council hearing, publication of notice of public hearing relating to the PID must be filed in the local newspaper. CATELLUS DEVELOPMENT CORPORATION 5429 LBJ FREEWAY, SUITE 600 · DALLAS, TEXAS 7524o-a6o9 · TEL 2I4 980-7707 FAX 2I4 770-3272 Mr. Gary L. Sieb June 28, 1991 Page Two We request that during the July 9 council meeting, you accept the Petition and adopt a resolution to authorize publishing of the required notice and to consider our request to form a PID. Because of the required fifteen day notice period, the next scheduled council meeting, at which the public hearing could be held, would be August 13. However, we committed to start construction on the Grapevine Creek drop structure immediately upon Council's adoption of our request to form the PID. Considering the critical importance of working on the drop structure during the summer months, I respectfully request that Council call a special meeting on July 30 to consider the PID. By so doing, assuming that we are successful in gaining Council's acceptance of the PID, we are able to take advantage of that additional two weeks of summer weather for construction of the drop structure. If Council accepts our PID, we will start construction on the drop structure on August 1. If we must wait until August 13, our engineers recommend that we should not construct the drop structure until summer of 1992. Thank you for your consideration of our PID proposal. Hopefully, you will agree to the time benefit and will agree to call a special council meeting on July 30. Thank you for your cooperation. Sincerely, · ~t ~/ -~I'. Weldon Davis Vice President, Development TWD:lf Attachments SCHEDULE FOR CREATION OF PUBLIC IMPROVEMENT DISTRICT (PID~ July 9 Catellus files Petition to create HD. Council accepts Petition, adopts resolution to call a Public Hearing on creation of PID and authorize publication of Notice of Public Hearing (must be published fifteen days prior to Public Hearing) and agrees to meet in special called session on July 30.* Advisory body consisting of property owner and city employee created to develop and recommend improvement plan to Council. July 30 Council meets in special called meeting and Public Hearing to consider creation of PID. If PID is approved, Council adopts resolution authorizing PID and authorizes publishing of city authorization of PID. August 13 Advisory body submits service plan and assessment plan to Council and City Staff for acceptance. Upon acceptance, City authorizes publication of Notice of Public Hearing (must be published fifteen days prior to public hearing) relating to proposed Assessment Roll. Because of single ownership of property within PID, Public Hearing may be waived. August 27 Council approves Assessment Roll and authorizes Levy of Assessment. September 24 City authorizes sale of Special Assessment Revenue Bonds for Gateway Public Improvement District for all approved PID costs and improvements. *Notice of Public Hearing must be submitted to local newspaper on Monday, July 8, to be published on Friday, July 12, in order to give fifteen days notice. If special called meeting for July 30 is not approved, all scheduled dates will be pushed back two weeks and drop structure construction cannot be started until summer of 1992. STATE OF TEXAS X PETITION TO ESTABLISH COPPELL GATEWAY PUBLIC IMPROVEMENT DISTRICT COUNTY OF DALLAS ~ TO THE HONORABLE MAYOR AND CITY COUNCIL OF. THE CITY OF COPPELL: COMES NOW Catellus Development Corporation ("Petitioner"), and hereby requests and petitions said City to establish the Coppell Gateway Public Improvement District (the "District") under and pursuant to the provisions of Chapter 372, Local Government Code, V.A.T.C.So, as amended, on the hereinafter described property situated wholly within the corporate boundaries of the City, and in support thereof would respectfully show the following: I. The general nature of the proposed improvements to be provided by the District, in phases, is the construction and acquisition of water, wasterwater and drainage facilities and improvements thereto which shall be a part of the City's water, wastewater and drainage systems, and the construction and acquisition of public streets and roadways, includin~ landscaping related thereto, in public dedicated rights-of-way to be a part of the City's public street system, together with all engineering and construction-related services in connection therewith. II. The estimated costs of constructing and acquiring all of the proposed improvements, together with bond issuance costs, legal and financial fees, bond credit enhancement expenses, capitalization of bond interest, the creation of a bond reserve fund, and expenses incurred in the establishment, administration and operation of the District is presently estimated to be a total of ~pproximately $4,230,000, based on the estimated current costs for all such items. The District costs shall be paid from the proceeds of the sale of revenue bonds to be solely secured by and payable from a special assessment on all property within the District's boundaries. III. The boundaries of the Distict are fully described in Exhibit A attached hereto and made a part hereof for all purposes. IV. The proposed method of assessment is to impose a special assessment to be paid in installments on all useable property within the District, net of any public right-of-way, based equally per square foot thereof. Petition Page 2 V. Ail costs incurred by the District shall be paid by the District and there shall be no apportionment of costs between the District and the City as a whole. VI. The management of the District shall be under the control and direction of the City, with necessary services to either be provided by the City under contract with the District or provided by the private sector. VII. The person executing this Petition is a duly authorized officer of the Petitioner and is authorized to execute this Petition for and on behalf of the Petitioner, and the Petitioner and the undersigned request the establishment of the District. VII. The Petitioner requests that an Advisory Board be established to develop and recommend an improvement plan to the City Council of the City, with said Board to include representatives of the Petitioner. IX. This Petition has been executed for and on behalf of (i) the Owner of all of the taxable real property described in said Exhibit A representing all of the appraised value of taxable real property liable for assessment under this Petition as shown by the currrent roll of the Dallas Central Appraisal District, and (ii) the record owner of all of the real property liable for assessment under this Petition, and shall be filed with the City Secretary of the'City of Coppell, Texas. WHEREFORE, PREMISES CONSIDERED, Catellus Development Corporation prays that the Honorable Mayor and City Council shall: (1) duly consider this Petition and adopt its Resolution finding (i) that this Petition complies with all legal requirements; (ii) that the proposed improvements are necessary, advisable and will provide a public use and benefit to the City, and (iii) that the estimated costs of the improvements, the method of assessment and the apportionments of costs between the District and the City are reasonable and acceptable; (2) obtain a report to determine whether the improvements should be made as provided in the Petition, or otherwise; Petition Page 3 (3) appoint an Advisory Board with the responsibility of developing and recommending an improvement plan to the City, with said Board to include representatives of the Petitioner; (4) call a public hearing, give notice thereof as required by law and hold such hearing on the advisabi%ity of the improvements specified in this Petition; and (5) grant such other relief, in law or in equity, to which Petitioner shall show itself to be entitled. IN WITNESS WHEREOF, this Petition has been executed in multiple counterparts, any one of which shall constitute an original, by a duly authorized officer of the Petitioner on this day of June, 1991. CATELLUS DEVELOPMENT CORPORATION Vice Pres~ident EXHII;IT A TRACT. 1 BEING a tract of ]and 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 Coppe]], Dallas County, Texas as filed for record in Volume 90138, Page 4298 through 4296 of the Plat Records of Dallas County, Texas and beihg more particularly descn'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 varies), a distance of 1442.53 feet to a point for a corner; THENCE North 01 degrees 51 minutes 06 seconds East, departing said north line, a distance of 1068.42 feet to a p6int for a comer, said comer lying on the south right-of-way line 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 for a corner; THIENCE South 08 degrees 53 minutes 58 seconds West, departing said south line, a distance of 100.00 feet to a point for a corner; THENCE South 81 degrees 06 minutes 02 seconds East, a distance o'f 100.00 feet to a point . for a comer; TI-IENCE North 08 degrees 53 minutes 58 seconds East, a distance of 120.33 feet to a point for a c6rner, said corner lying on the south right-of-way line of St. Louis and Southwestern Railroad (100 feet wide); THENCE North 87 degrees 2;4 minutes 30 seconds East, along said south 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 corner also being the right-of-way of Freeport Parkway (90 feet w/de); 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 corner; 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 4,522,543.50 square feet or 103.823 acres of land, more or less. TRACT 2 BEING a tract of land situated in the Cordelia Bowen 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 described 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 North 79 degrees 24 minutes 14 seconds West, along the northeast line of I.H. 635, a distance of 95.00 feet to a point for a comer; THENCE South 65 degrees 39 minutes 57 seconds West, continuing along said northeast line, a distance of 80.93 feet to a point for a comer; THENCE North 82 degrees 07 minutes 53 seconds West, continuing along said northeast line, a distance of 68.25 feet to a point for a comer; THENCE North 79 degrees 39 minutes 00 seconds West, continuing along said northeast line, a distance of 275.94 feet to a point for a comer; THENCE North 64 degrees 41 minutes 13 seconds West, continuing along said northeast line, a distance of 157.06 feet to a point for a comer; THENCE North 44 degrees 24 minutes 02 seconds West; cffntinuing'alon"g said northeast line, a distance of 141.83 feet to a point for a comer; , THENCE North 60 degrees 41 minutes 07 seconds West, continuing along said northeast line, a distance of 27.98 feet to a point for a comer; THENCE North 35 degrees 45 minutes 55 seconds West, continuing along said northeast line, a distance of 810.00 feet to a point for a comer; THENCE North 38 degrees 14 minutes 34 seconds West, continuing along said northeast line, a distance of 210.00 feet to a point for a comer; THENCE North 01 degrees 17 minutes 25 seconds East, departing said northeast 1/ne, a distance of 897.43 feet to a point for a comer; THEN~'E North 74 degrees 56 minutes 51 seconds East, a distance of 1.09 feet to the point of curvature of a circular curve to the left, having a radius of 674.24 feet; -2- THENCE Northeasterly, along said curve through a central angle of 25 degrees 40 minutes 40 seconds, an arc distance of 302.17 feet to a point for a comer in the southwest line of Frfieport Parkway said point lying on a circular curve to the left, having a radius of 306.59 feet and whose chord bears South 34 degrees 38 minutes 38 seconds East; THENCE Southeasterly, along said southwest line with said curve through a central angle of 03 degrees 58 minutes 24 seconds and an arc distance of 21.26 feet to the point of tangency; THENCE South 36 degrees 37 minutes 50 seconds East, continuing along said southwest line, a distance of 643.23 feet to a point for a comer; THENCE North 53 degrees 22 minutes 10 seconds East, a distance of 80.00 feet to a point for a comer; THENCE North 36 degrees 37 minutes 50 seconds West, along the northeast line of Freeport Parkway, a distance of 12.50 feet to a point for a comer; THENCE North 53 degrees 22 minutes 10 seconds East, along the southeast line of Airline Drive, a distance of 10.00 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 25 minutes 19 seconds, an arc distance of 214.44 feet to the point of tangency; THENCE North 34 degrees 56 minutes 51 seconds East, continuing along said southeast line, a distance of 593.25 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 34 minutes 11 seconds and an arc distance of 48.49 feet to a point for a comer; TH2ENCE South 89 degrees 28 minutes 58 seconds East, continuing along the south line of said Airline Drive, a distance of 401.62 feet to a point for a comer; THENCE South 00 degrees 01 minutes 25 seconds East, departing said south line, a distance of 627.53 feet 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 14 minutes 25 seconds, an arc distance of 261.79 feet to a point for a comer; THENCE South 00 degrees 01 minutes 25 seconds East, a distance of 442.71 feet to a point for a comer; -3- THENCE North 89 degrees 32 minutes 29 seconds East, a distance of 262.27 feet to a point for a comer; _ TH~ENCE South 00 degrees 12 minutes 31 seconds East, a distance of 1930.73 feet to a tSoint for a comer; TI-~NCE South 00 degrees 17 minutes 14 seconds West, a distance of 791.26 feet to a point for a comer in the northeast line of I.H. 635; THENCE North 35 degrees 43 minutes 09 seconds West, along said northeast line, a distance of 1196.34 feet to a point for a corner; THENCE North 03 degrees 17 minutes 05 seconds East, continuing along the highway fight- of-way, a d/stance of 739.74 feet to a point for a corner; THENCE North 00 degrees 56 minutes 58 seconds East, continuing along said right-of-way, a distance of 49.76 feet to the POINT OF BEGINNING A_ND CO.N~-FAXNING 4,158,503 square, feet or 95.466 acres of land more or less. Note: This description is based on record information and includes areas dedicated for public use (i.e., road fights-of-ways and utility easements) and also includes area within the 100-year floodplain as shown on FllP~M Maps 480170 0005, 480165 0005, and 480165 0050. / -4- TRACT 3 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 described by deed to Santa Fe 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 Airline Drive and the northeast line of Freeport Parkway; THENCE North 36 degrees 37 minutes 50 seconds West, along the northeast line, a distance of 570.73 feet to the point of curvature of a circular curve to the right, having a radius of 226.59 feet; THENCE Northeasterly, along said northeast line through a central angle of 08 degrees 09 minutes 00 seconds and an arc distance of 32.23 feet to a point for a corner lying on a curve to the-left, having a radius of 674.24 feet and whose chord bears North 38 degrees 36 minutes 39 seconds East; THENCE Northeasterly, along said curve to the left through a central angle of 07 degrees 19 minutes 35 seconds and an arc distance of 86.21 feet to a point for a corner; THENCE North 34 degrees 56 minutes 51 seconds East, a distance of 126.18 feet to a point for a corner; THENCE South 89 degrees 28 minutes 58 seconds East, a distance of.363.7/2 feet to a point for a comer; ' ' '~ - THENCE North 34 degrees 56 minutes 51 seconds East, a distance of 207.35 feet to a point for a comer; TI-BENCE South 55 degrees 03 minutes 09 seconds East, a distance of 302.49 feet to a point for a corner in the northwest line of Airline Drive, said point lying on a curve to the left, having a radius of 110.00 feet and whose chord bears South 41 degrees 03 minutes 37 seconds West; THENCE Southwesterly, along said northwest line and with said curve through a central angle 12 degrees 13 minutes 33 seconds and an arc a distance of 23.47 feet to a point for a corner; THENCE South 34 degrees 56 minutes 51 seconds West, continuing along said northwest line, a distance of 593.25 feet to the point of curvature of a circular curve to the right having a radius of 606.96 feet; -5- THENCE Southwesterly, continuing along said northwest line with said curve through a central angle_of 18 degrees 25 miuutes 19 seconds and an arc distance of 195.15 feet to a point for a corner; THENCE South 53 degrees 22 miuutes 10 seconds West, continuing along said northwest line, a distance of 10.00 feet to the POINT OF BEGINNING AND CONTAINING 342,238 square feet or 7.857 acres of land more or less. Note: This description is based on record information and includes areas dedicated for public use (i.e., utility easements) and also includes area within the 100-year floodplain as shown on FIRM Maps 480170 0005, 480165 0005, and 480165 0050. -6- TRACT 4 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 described in the Warranty Deed to Santa Fe Realty Corporation, recorded in Volume 89190, Page 4821 of the Deed Records of Dallas County, Texas and being more particularly descn'bed as follows: BEGINrNING at the intersection of the south line of Cotton Road (a 50-foot right-of-way) with the northeast line of Interstate Highway 635; THENCE South 89 degrees 26 minutes 41 seconds East, a distance of 1214.55 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 descn'bed in the deed recorded in Volume 785, Page 1637 of said Deed Records; THENCE South 01 degrees 33 minutes 39 seconds West, departing said south line, a distance of 1227.17 feet along.the west line of said Secure Trusts tract to a point for a comer lying on the northeast line of Interstate Highway 635; THENCE North 37 degrees 46 minutes 59 seconds West, along the northeast line of Interstate Highway 635, a distance of 764.80 feet to a point for a comer; TH]ENCE North 48 degrees 20 minutes 06 seconds West, continuing along said northeast line of Interstate Highway 635, a distance of 953.75 feet to the POINT OF BEGh-NNhNG AND CONTAINING 15.5722 acres or 678,325 square feet of land more or less. Note: This description is based on record information and includes areas dedicated for public use (i.e., road rights-of-ways and 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. -7-