HomeMy WebLinkAboutO-1815-4-00ORDINANCE NO. 1615-4-00
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 23
(ENTERPRISE BUSINESS PARK D-2 L.P.); PROVIDING ELIGIBILITY OF THE
ZONE FOR COMIMERCIAL-INDUSTRIAL TAX ABATEMENT; CONTAINING
FINDINGS THAT THE AREA QUALIFIES TO BE DESIGNATED AS A
REINVESTMENT ZONE AND THE IMPROVEMENTS SOUGHT ARE FEASIBLE
AND PRACTICABLE AND OF BENEFIT TO THE LAND AND THE CITY;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
WHEREAS, the City Council of the City of Allen, Texas, has caused notice to be published in a newspaper
having general circulation in the City and has delivered such notice to the presiding officer of the governing
body of each taxing unit that includes in its boundaries real property described herein; and
WHEREAS, the City Council of the City of Allen, Texas, has conducted a public hearing on the designation
of the area described herein as a reinvestment zone; and
WHEREAS, the proposed In Abatement Agreement by and among the City of Allen, Texas, and Enterprise
Business Park D-2 L.P., a Delaware limited partnership, the County of Collin, Texas, and the Collin County
Community College District attached hereto as Exhibit "A," has been presented to the City Council; and 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 Allen, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
SECTION 1. That the City Council of the City of Allen, Texas, finds that the area described herein will, if
designated as a reinvestment zone, be reasonably likely to contribute to the rendition or expansion of primary
employment, or to attract major investment in the zone that will be of benefit to the property and contribute to
the economic development of the City. The City Council further finds that the improvements sought are
feasible and practicable and would be of benefit to the land to be included in the zone and to the City after the
expiration of a tax abatement agreement.
SECTION 2. That pursuant to the provisions of Section 312.201 of the Texas In Code, the real property
described in the Tax Abatement Agreement attached hereto as Exhibit "A" and made a part hereof for all
purposes is hereby designated as a reinvestment zone and for identification is assigned the name
"Reinvestment Zone No. 23."
SECTION 3. That the property within Reinvestment Zone No. 23 is eligible for commercial -industrial tax
abatement effective on January 1, 2000, and for a period of ten (10) years.
' SECTION 4. The Agreement attached hereto as Exhibit "A" having been reviewed by the City Council
and found to be acceptable and in the best interests of the City and its citizens, is hereby approved, and the
Mayor is hereby authorized to execute the Agreement on behalf of the City of Allen, Texas.
I
SECTION 5. That should any word, semence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
SECTION 6. That all ordinances of the City of Allen, Texas, in conflict with the provisions of this
ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said
ordinances not in conflict herewith shall remain in full force and effect.
SECTION 7. That this ordinance shall take effect unmediately from and after its passage in accordance with
the provisions of the Charter of the City of Allen, Texas, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 6- DAY OF APRIL, 2000.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY
Ordinaorn No. 1815-4-00 Paget
04703 01294 2000-- 0070178
STATE OF TEXAS
TAX ABATEMENT AGREEMENT
COUNTY OF COLLIN
This Tax Abatement Agreement (the "AGREEMENT") is entered into by and between the
City of Allen, Texas (the "CITY'), and Enterprise Business Park D-2 L.P., a Delaware limited
partnership ("OWNER"), and the County of Collin and the Collin County Community College District
(the "TAXING UNITS") acting by and through thein respective authorized officers.
WITNESSETH:
WHEREAS, the City Council of the CITY, passed an Ordinance (the "ORDINANCE")
establishing Tax Abatement Reinvestment Zone No. 23 (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 " fAX CODE'); and
WHEREAS, in order to maintain and enhance the commercial and industrial economic and
employment base of the Allen area, it is in the best interests of the taxpayers for the CITY to enter into
this AGREEMENT; and
WHEREAS, OWNER's improvements described herein will create permanent new jobs in the
CITY; and
WHEREAS, the City Council finds that the contemplated use of the IMPROVEMEN'T'S
(hereinafter defined), and the other terms hereof are consistent with encouraging development of the
ZONE in accordance with the purposes for its creation and in compliance with the TAX
ABATEMENT GUIDELINES, the ORDINANCE adopted by the CITY, the TAX CODE and all
other applicable laws; and
WHEREAS, the City Council finds that the improvements sought are feasible and practicable
and would be of benefit to the land to be included in the ZONE and to the CITY and the TAXING
UNITS after expiration of this AGREEMENT; and
WHEREAS, a copy of this AGREEMENT has been furnished, in the manner prescribed by
the TAX CODE, to the presiding officers of the governing bodies of each of the TAXING UNITS in
which the IMPROVEMENTS is located; and
WHEREAS, the CITY desires to enter into an AGREEMENT with OWNER, the owner of
property within the ZONE, for the abatement of taxes pursuant to Chapter 312 of the TAX CODE, as
amended;
NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein
and for good and other valuable consideration, the adequacy and receipt of which are hereby
acknowledged, including the expansion of primary employment, the attraction of major investment in
TAX ABATEMENT AGREEMENT - Page 1 32131
04703 01295
the ZONE, which contributes to the economic development of the CITY, and the enhancement of the
tax base within 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 "LAND'), which LAND is located
within the city limits of the CITY and within the ZONE.
2. The IMPROVEMENTS is not an improvement project financed by tax increment bonds.
3. This LAND and IlNPROVEMENTS is entered into subject to the rights of the holders of
outstanding bonds of the CITY.
4. The LAND and IMPROVEMENTS are not owned or leased by arty member of the Allen City
Council, or any member of the Allen Planning and Zoning Commission, or any member of the
governing body of any taxing unitsjoining in or adopting this AGREEMENT.
TAX ABATEMENT AUTHORIZED
5. This AGREEMENT is authorized by the TAX CODE, and in accordance with the TAX
ABATEMENT GUIDELINES, and approved by resolution of the City Council of the CITY
authorizing the execution of this AGREEMENT.
6. Subject to the terms and conditions of this AGREEMENT, and provided the TAXABLE
VALUE (hereinafter defined) of the IMPROVEMENTS is at least Five Mllion Five Hundred
Thousand Dollars ($5,500,000) as of the FIRST YEAR OF TAX ABATEMENT (hereinafter defined)
and as of January 1, of each calendar year thereafter that this AGREEMENT is in effect, the CITY
hereby grants OWNER an abatement of forty percent (40%) of the TAXABLE VALUE of the
IMPROVEMENTS for a period of ten (10) years. 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 IivIPROVEMENTS that exceeds the unimproved TAXABLE VALUE for the
property's IMPROVEMENTS for the year in which this AGREEMENT is executed (BASE
YEAR/2000).
7. The period of tax abatement herein authorized shall be ten (10) years, beginning the FIRST
YEAR OF TAX ABATEMENT (hereinafter defined).
& 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 to the extent
not abated hereby.
TAX ABATEMENT AGREEMENT - Page 2 32131
04703 01296
DEFINITIONS
9. Wherever used in this AGREEMENT, the following terms shall have the meanings ascribed to
them:
A The LAND shall mean the real property described in Exhibit "F:' attached
hereto and incorporated herein for all purposes excluding the IMPROVEMENTS (hereinafter
defined).
B. The RAPROVEMENTS shall mean the contemplated improvements to be
constructed on the LAND and as further described herein, including but not limited to buildings
and structures added to the property.
C. The BASE YEAR shall mean the year m which the TAX ABATEMENT
AGREEMENT is executed (2000).
D. The FIRST YEAR OF TAX ABATEMENT shall be January I of the calendar
year immediately following the issuance of a certificate of occupancy for the
IMPROVEMENTS, unless otherwise agreed to by the parties.
E. TAXABLE VALUE means the appraised value, as certified by the Collin
County Appraisal District as of January I of a given year.
F. An "EVENT OF BANKRUPTCY OR INSOLVENCY" shall mean the
dissolution or termination (other than a dissolution or termination by reason of OWNER
merging with an affiliate of OWNER) 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 ninety (90) 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 ninety (90) days after the filing thereof.
IMPROVEMENTS
10. OWNER owns or is under contract to purchase the real property described in Exhibit "A", (the
"LAND') and agrees to construct or cause to be constructed a one (1) two-story office building
totaling at a minimum 90,000 square feet of office space (and other ancillary facilities, such as
reasonably required parking and landscaping more fully described m the submittals fled by OWNER
with the CITY from time to time in order to obtain a building permit) (collectively, the
'TvTROVEMENTS'). The costs of the IMPROVEMENTS excluding the land should be at least
Five Million Five Hundred Thousand Dollars ($5,500,000.00). Nothing in this AGREEMENT shall
obligate OWNER to construct the IMPROVEMENTS on the LAND, but said action is a condition
precedent to tax abatement pursuant to this AGREEMENT.
TAX ABATEb1ENT AGREEb1ENT - Page 3 32131
04703 01297
CONSTRUCTION OF IMPROVEMENTS
11. As a condition precedent to the initiation of tax abatement pursuant to this AGREEMENT,
OWNER will diligently and faithfully, in a good and workmanlike manner, pursue the completion of
the contemplated IMPROVEMENTS on or before December 31, 2000, as good and valuable
consideration for this AGREEMENT, and all constriction of the IMPROVEMENTS will be in
substantial accordance with all applicable state and local laws, codes, and regulations, (or valid waiver
thereol); provided, OWNER shall have such additional time to complete and maintain the
IMPROVF ENTS as may be required in the event of "Force Marine," if OWNER is diligently and
faithfully pursuing completion of the same. For this purpose, "Force Majeure" shall mean any
contingency or cause beyond the reasonable control of OWNER, as applicable, including, without
limitation, acts of God or the public enemy, war, not, civil commotion, v insurrection, adverse weather,
government or de facto governmental action or inaction (unless caused by negligence or omissions of
OWNER), fires, explosions or floods, strikes, slowdowns or work stoppages, shortage of materials and
labor, or delays by the CITY.
12. Subject to events of casualty, condemnation, or Force Majeure, OWNER agrees to maintain
the IMPROVEMENTS in substantial accordance with all applicable state and local laws, codes, and
regulations for a period of not less than ten (10) years after the date a certificate of occupancy is issued
for the IMPROVEMENTS or until the CITY and the TAXING UNITS have received ad valorem
taxes from the IMPROVEMENTS in an amount equal to all the ad valorem taxes abated herein,
whichever occurs first.
13. The CITY, its agents and employees, shall have the right of reasonable access to the
IMPROVEMENTS during construction to inspect the IMPROVEMENTS at reasonable times during
normal business hours and with reasonable notice to OWNER, and in accordance with their visitor
access and security policies, in order to insure that the construction is in accordance with this
AGREEMENT and all applicable state and local laws and regulations (or valid waiver thereof).
GENERAL REQUIREMENTS
14. Construction plans for the IMPROVEMENTS constructed on the LAND will be filed with the
CITY, which shall be deemed to be incorporated by reference herein and made a part hereof for all
purposes.
15. After completion of the IMPROVEMENTS, OWNER shall certify in writing to the CITY the
construction cost of the IMPROVEMENTS. OWNER shall annually certify to the CITY to the best
of its knowledge, that it is in substantial compliance with each term of the AGREEMENT.
16. The IMPROVEMENTS shall at all tunes be used in a manner that is consistent with the
CITY's Comprehensive Zoning Ordinance, as amended.
17. OWNER agrees to provide to the applicable tenants of the IMPROVEMENTS, the benefit of
the abatement of real property taxes granted herein. OWNER shall, upon written request, provide the
TAX ABATEMENT AGEEF.Iv1ENT - Page 4 32131
04703 01298
CITY with satisfactory evidence that the benefits of this AGREEMENT have been provided to
applicable tenants of the IMPROVEMENTS.
DEFAULT: RECAPTURE OF TAX REVENUE
18. In the event that OWNER fails in performance of any of the following conditions: (i)
substantial completion of the IMPROVEMENTS in accordance with this AGREEMENT or in
accordance with applicable State or local laws, codes or regulations; (ii) payment of ad valorem or
State sales taxes owed to the CITY and/or TAXING UNIT (provided OWNER retains the right to
timely and properly protest and/or contest such taxes or assessment and the tax abatement will be
applied to the amount oftaxes finally deteraned to be due as the result of any such protest or contest);
(iii) upon the occurrence of any 'Event of Bankruptcy or Insolvency",- or (iv) breaches any, of the
material terms and conditions of this AGREEMENT, then OWNER, after the expiration of the notice
and are periods described herein, shall be in default of this AGREEMENT. As liquidated damages in
the event of such default, OWNER shall, within thirty (30) days after demand, pay to the CITY and/or
TAXING UNITS, as the case may be, all taxes which otherwise would have been paid to the CITY
and/or TAXING UNITS, as the case may be, 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 aclrowledge that actual damages in the evert of default termination
would be speculative and difficult to determine. The parties father agree that any property tax
revenue lost, including interest as a result of this AGREEMENT, at the statutory rate for delinquent
taxes, shall be recoverable against OWNER and shall constitute a tax hen against the LAND and
IMPROVEMENTS the subject of the AGREEMENT, and shall became due, owing and shah be paid
to the CITY and/or TAXING UNITS within thirty (30) days after termination.
19. Upon breach by OWNER of any obligations under this AGREEMENT, the CITY and/or
TAXING UNITS, as the case maybe, 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 shah be
reasonably necessary to cure the default, then the CITY and/or TAXING UNITS, as the case may be,
may, in its discretion extend the period in which the violation must be cured.
20. 1f OWNER fails to core the default within the time provided herein 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.
21. Upon termination of this AGREEMENT by CITY, all tax abated as a result of this
AGREEMENT shall become a debt to the CITY and/or TAXING UNITS, as the case may be, as
liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of
termination is made. The CITY and/or TAXING UNITS, as the case may be, 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 fill TAXABLE VALUE without tax abatement for the years in which tax abatement hereunder
was received by OWNER with respect to the PREMISES, as determined by the Collin County
TAX ABATEMENT AGREEtrfEEM7' - Page 5 32131
04703 01299
Appraisal District, multiplied by the tax rate of the years in question, as calculated by the City Tax
Assessor -Collector. Penalties as provided for delinquent taxes shall commence to acerae after
expiration of the thirty (30) day payment period.
ANNUAL APPLICATION FOR TAX EXEMPTION
22. 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 each exemption application shall be submitted to the CITY
and/or TAXING UNITS, as the case may be, if requested.
23. OWNER shall annually render the value of the IMPROVEMENTS to the Appraisal District
and provide a copy ofthe same to the CITY, if requested.
SUCCESSORS AND ASSIGNS
24. This AGREEMENT shall be binding on and inure to the benefit of the parties to it and their
respective heirs, executors, administrators, legal representatives, successors, and assigns. This
AGREEMENT may not be assigned without the consent of the CITY and the TAXING UNITS as the
case may be, which shall not be unreasonably withheld.
NOTICE
25. All notices required by this AGREEMENT shall be addressed to the following, or such other
party or address as the parties designate in writing, by certified mail, postage prepaid, return receipt
requested, or by hand delivery.
CITY: City Manager
City of Allen
One Butler Circle
Allen, Texas 75013
OWNER Enterprise Business Park D-2, L.P.,
a Delaware limited partnership
Attu: Thomas O. McNeamey
Executive Vice President
Trammell Crow DFW` Development, Inc.
a Delaware corporation
2200 Ross Avenue, Suite 3700
Dallas, Texas 75201
TAX ABATEMENT AGREEMENT - Page 6 32131
04703 01300
3. COLLIN COUNTY: County of Collin
do County Judge
210 S. McDonald Street
McKinney, Texas 75069
COLLIN CCD: Collin County Community College District
c/o Carey Cox, Chaimtan
2200 W. University
McKinney, Texas 75070
AUTHORIZATIONS
26. This AGREEMENT was authorized by resolution of the City Council authorizing the Mayor
to execute this AGREEMENT on behalf of the CITY.
27. This AGREEMENT was authorized by the minutes of the Commissioners Court of Collin
County, Texas, at a meeting whereupon it was duly determined that the County Judge would
execute the AGREEMENT on behalf of Collin County, Texas.
28. This AGREEMENT was authorized by the Board Minutes of the Board of Trustees of
Collin County Community College District at a Board Meeting whereupon it was duly determined
that the Chairman would execute the AGREEMENT on behalf of Collin County Community
College District.
SEVERABHdTY
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 be enforceable and shall be
enforced as if the parties intended at all times to delete said invalid section, subsection, paragraph,
sentence, phrase or word; and such invalid, illegal, unconstitutional or unenforceable section,
subsection, paragraph, sentence, phrase or word shall be substituted by a section, subsection,
paragraph, sentence, phrase or word as near in substance thereto as nay be valid, legal, constitutional
and enforceable.
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 Collin County, Texas. This
AGREEMENT is performable in Collin County, Texas.
COUNTERPARTS
31, This AGREEMENT may be executed in any number of counerparts, each of which shall be
deemed an original and constitute one and the same instrument.
TAX ABATEMENT - Page 7 32131
04703 01301
ENTIRE AGREEMENT
32. This AGREEMENT embodies the complete agreement of the parties hereto, superseding all
oral or written previous and contemporary agreements between the patties and, relating to the matters
in this AGREEMENT, and except w 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 LAND
and are fully binding on all successors, hems, and assigns of OWNER who acquire any right, title, or
interest in or to the LAND or any part thereof. Any person who acquires any right, tide, or interest in
or to the LAND, 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 LAND.
RECORDATION OF AGREEMENT
34. A certified copy of this AGREEMENT shall be recorded in the Deed Records of Collin
County, Texas.
INCORPORATION OF RECITALS
35. The determinations recited and declared in the preambles to this AGREEMENT are hereby
incorporated herein as part of this AGREEMENT.
36. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes,
whatever reference is made to the same.
37. This AGREEMENT is contingent upon OWNER closing the purchase of the PREMISES.
EXECUTED in duplicate originals this the (&�' day of N T � \2000.
T'
CITY OF ALLEN, TEXAS
By: z" -p, 2L
STEPHEN TERRELL, MAYOR
ATTEST:
TAX ABATEMENT AGREEMENT - Page 8 32131
04703 01302
-TIA
1
EXECUTED in duplicate originals this the I9 day of Api l , 2000.
ENTERPRISE BUSINESS PARK D-2, L.P., a
Delaware limited partnership
By: Trammell Crow DFW Development Inc.,
Delaware corporation, it sole general partner
aa"" By: O lr1. &,
THOMAS 0.M
EXECUTIVE VICE PRESIDENT
EXECUTED in duplicate originals this they day of 2000.
COUNTY 01 COLLIN
By:
RON HARRIS, OUNTY JUDGE
EXECUTED in duplicate originals this th%aaL�day ofd 000.
(
COLLIN COUNTY COMMUNITY COLLEGE
DISTRICT
�.
AAMMM.,.
TAX ABATEMENT AGREEMENT - Page 9 32131
MAYOR's ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OFCOUM
04703 01303
This instrument was acknowledged before me on the �R� day ofC* iT
2000, by Stephen Terrell, as Mayor of the City of Allen, Texas.
,n+w SNELLEY B. GEORGE
,? NOTARY PUBLIC
State of Texas
EL
Comm, Exp, 03.20.2001
My Commission Expires:
Notary Public I d For the Shte of Texas
TAX ABATEMENT AGREEMENT - Page 10 32131
04703 01304
OWNER'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on the 4 Y14day of
2000, by Thomas O. McNeamey, Executive Vice President of Trammell Crow DFW
Development, Inc., a Delaware corporation on behalf of Enterprise Business Park D-2 L.P., a
Delaware limited partnership, on behalf of said p ship.
N ary Public In and t e State of Texas
My Cos ion Expires:
I� `� , 16'iQYdFC.K
a° hciary Punuc
� � -TATL ^`TFY.AS
arE ONy�P hi. GO'i�0 ,F-O'109r'70�1
TAX ABATEMENT AGREEMENT - Page 11 32131
COUNTY's ACKNOWLEDGMENT
STATE OF TEXAS
04703 01305
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of
2000, by Ron Harris, as County Judge of Collin County, Texas.
r) ,� 52� �
Notary Publicifn and For the Stat6 of Texas
My Commission Expires:
V. LYNN MUWNIX
Notary Public
.,.'•J STATE OPTEXAS
m, Comm ap Jun. r, 2003
TAX ABATFN ENT AGREEMENT - Page 12 32131
04703 01306
COLLEGE DISTRICT s ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF COLLIN
This instrument was acknowledged before me on thee93,,Vday of `� w.� , 2000, by
�q Uo E•QoocQ /}Citi/9
-6e�&emg thed;l�ai`man of the Collin County Community College District.
10,�P'JUDOYTA
A.LAORONERY PUBLICState of TexasGomm. Exp. 07-37-2002
My Commission Expires:
D/- 3/-Z odZ—
Nota 3bhc IvAnd For the State of Texas
TAX ABATENIENT AcxBBiriExr - Page 13 32131
04703 01307
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a 5.683 acre tract of land out of the Rufus Sewell Survey, Abstract No. 875, Collin County, Texas; said
tract being part of Lot l Block 1, Enterprises Addition No. 2, an addition to the City of Allen, Texas according to
the plat recorded in Volume G, Page 457 of the Plat Records of Collin County, Texas, said tract being conveyed to
Enterprise Business Park D-2, L.P. by Special Warranty Beed recorded in Collin County Clerk Document No. 98-
0057651 of the Deed Records of Collin County, Texas; said 5.683 am tract being more particularly described as
follows:
COMMENCING, at a Ya inch iron rod found for corner at the intersection of the east rightof-way line of U.S.
Highway 75 (a variable width right-of-way) and the southeast right-of-way line of Enterprise Boulevard (a 60 foot
wide rightof-way) said point being the westernmost northwest center of Lot ID -1, Block 1, Enterprises Addition
No. 2, an addition to the City of Allen, Texas according to the plat recorded in Volume 7, Page 900 of the Plat
Records of Collin County, Texas.
THENCE, South 14°, 03', OF West, along the said east line of U.S. highway 75 and along the west line of said
Lot ID -1, a distance of 363.13 feet to a'h inch iron rod with "Pacheco Koch' cap found at the POINT OF
BEGINNING; said point being the southwest comer of said Lot 1D-1;
THENCE, South 77°, 41', 22" East, departing the said east lice of U.S. Highway 75 and along the south line of
said Lot 10.1, a distance of 518.16 feet to a Y. inch iron rod with "Pacheco Koch" cup found for corner in the west
rightof--way line of Southern Pacific Railroad (a variable width rightof-way, 130 feet wide at this point) and the
east line of said Lot 1; said point being the southeast comer of said Lot 1D-1; said point also being on a curve to
the left whose center bears South 58°, 54', 35" East, a distance of 2964.79 feet from said point;
THENCE, in a southeasterly direction along said west line of Southern Pacific Railroad and the said east line of
Lot I and along said curve to the left through a central angle of 08°, 13', 44", an arc distance of 425.81 feet to a
inch iron rod found at the end of said curve:
THENCE, South 21°, 55', 24" West, a distance of 109.90 feet to a h inch iron rod with "Pacheco Koch" cap found
at the intersection of the said west line Southern Pacific railroad with the north right-of-way line of Ridgemont
Drive (a variable width right-of-way);
THENCE, North 87°, 48', 54" West, along the said north line of Ridgemont Drive, a distance of 337.54 feet to a''/:
inch iron rod with "Pacheco Koch" cap found for corner;
THENCE, North 020, 11', 06" East, a distance of 6.70 feet to a K inch iron rod found at an angle point;
THENCE, North 53°, 10', 56" East, a distance of 10.72 feet to a Y inch iron rod with "Pacheco Koch" cap found
IM corner,
THENCE, North 36',49', 04" West, a distance of 73.00 feel to a 1 inch iron rod with "Pacheco Koch" cap found
for comer,
THENCE, South 53',10', 56" West, a distance of 35.00 feet to a % inch iron rod with "Pacheco Koch" cap found
for comer,
THENCE, North 36°, 49', 04" West, a distance of 5.23 feet to a'f. inch iron rod found at an angle point; said point
being in the said east line of U.S. Highway 75;
THENCE, North 14°, 03', 05" East; along the said east line of U.S. Highway 75, a distance of 540.10 feel to the
POINT OF BEGINNING;
CONTAINING, 247,561 square feet or 5.683 acres of IB14 more or less
04703 01308
Please return to:
Thank you.
Allen Economic Development Corporation
100 Allentown Parkway, Suite 211
Allen, TX 75002-4200
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JUL 0 6 2000
Filed for Record in:
Collin County, McKinney TX
Honorable Helen Starnes
Collin CouTity Clerk.
0n Jul 06 2000
Rt 11:09am
Uoc/Mum : 2000- 0070178
Recordingg/Type:RG 37.00
Receipt N: 295892