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Home My WebLink AboutO-3255-9-14ORDINANCE NO. 3255-9-14 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 31 (ALLEN PLACE OFFICE BUILDING I, LLC); PROVIDING ELIGIBILITY OF THE ZONE FOR COMMERCIAL -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 Tax Abatement Agreement by and between the City of Allen, Texas, and Allen Place Office Building 1, LLC, attached hereto as Exhibit "B," 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. ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. 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 retention 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. Pursuant to the provisions of Section 312.201 of the Texas Tax Code, the real property described in Exhibit "A" and made a part hereof for all purposes is hereby designated m a reinvestment zone and for identification is assigned the name "Reinvestment Zone No. 31" or "Allen Place Office Building 1, LLC Zone". SECTION 3. The property within Reinvestment Zone No. 31 is eligible for commercial -industrial tax abatement effective on January 1, 2014, SECTION 4. The Agreement attached hereto as Exhibit "B" 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. ' SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or as amended hereby, which shall remain in full force and effect. C D SECTION 6. All ordinances of the City of Allen 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. This Ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Allen, 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 23an DAY OF SEPTEMBER, 2014. APPROVED AS TO FORM: Peter G. Smit , CITY ATTORNEY (PGS: 5-6-14: TM 67447) APP VED: Stepiffln Terrell, MAYOR ATTEST: Ordinance No. 3255-9-14, Page 2 EXHIBIT A Legal Description for Zone 31 WHEREAS, FSI International, Inc. and Allen Economic Development Corporation, are the sole owners of all that certain 11.219 acre tract of land being situated in the William Perrin Survey, Abstract Number 708, and being a portion of Lot IAI, Block 2 of Millennium Business Park, an Addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Cabinet 1, Page 368, Map Records of Collin County, Texas, and being all of Lot 2, Block 2, of Millennium Business Park, an Addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Cabinet Q, Page 147, Map Records of Collin County, Texas, and being a portion of that land conveyed to Allen Economic Development Corporation, by deed recorded in Volume 5243, Page 774, Official Public Records, Collin County, Texas, and being a portion of that tract of land conveyed to FSI International, Inc., by deed recorded under County Clerk File Number 96-0041087, Official Public Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at an 'X' cut found for the Northeast comer of Butler Road, as dedicated per plat filed in Volume 4468, Page 1641, said Map Records, same being the Southeast comer of Lot 3, Century Retail Addition, according to the plat thereof recorded in Cabinet J, Page 61, said Map Records, same being in the West right-of-way line of Century Parkway (85 foot right-of-way) (as dedicated per plat filed under Cabinet J, Page 368, said Map Records); THENCE South 00 deg. 17 min. 33 sec. East, along the common line of said Butler Road and Century Parkway, passing the Southeast corner of said Butler Road, same being the Northeast corner of aforesaid Lot ' IAI, and continuing along the common line of said Lot IAI and said Century Parkway, a total distance of 335.39 feet to a 1/2 inch iron rod set with "Peiser & Markin SURV" red plastic cap (hereinafter referred to as 1/2 inch iron rod set) for the Northeast corner of the herein described tract, same being the POINT OF BEGINNING; THENCE along the common line of said Lot IAI and the West right-of-way line of said Century Parkway as follows: South 00 deg. 17 min. 33 sec. East, a distance of 417.85 feet to a 1/2 inch iron rod found for the beginning of a curve to the right, having a radius of 957.50 feet and a central angle of 20 deg. 05 min. 12 sec.; Along said curve to the right, passing a 1/2 inch iron rod found for the Southeast comer of said Lot IAI, same being the Northeast comer of aforesaid Lot 2, and continuing along the common line of said Lot 2 and said Century Parkway, a total arc distance of 335.68 feet and a chord bearing and distance of South 09 deg. 45 min. 03 sec. West, 333.96 feet to a 1/2 inch capped iron rod found for angle point; THENCE South 19 deg. 47 min. 48 sec. West, along the common line of said Lot 2 and said Century Parkway, a distance of 102.68 feet to a 1/2 inch iron rod set for the most easterly Southeast comer of said Lot 2, same being the North end of a corner clip, as dedicated per plat recorded in Cabinet Q, Page 147, aforesaid Map Records, in the Northwest intersection of said Century Parkway and Millennium Drive (85 foot right-of-way) (as dedicated per plat recorded in Cabinet J, Page 368, said Map Records); ' THENCE South 62 deg. 09 min. 12 sec. West, along the common line of said Lot 2 and said corner clip, a distance of 35.51 feet to a 1/2 inch iron rod set or the most westerly Southeast corner of said Lot 2, same being the South end of said comer clip; Ordinance No. 3255-9-14, Page 3 THENCE North 73 deg. 05 min 50 sec. West, along the common line of said Lot 2 and said Millennium ' Drive, a distance of 245.33 feet to a 1/2 inch iron rod set for the Southwest comer of said Lot 2, same being the Southeast comer of Lot 1, Block 2, said Millennium Business Park (Cab. Q, Pg. 147); THENCE North 13 deg. 57 min. 37 sec. East, along the common line of said Lots 2 and I, a distance of 604.45 feet to a 1/2 inch iron rod set for internal comer of the herein described tract, same being the Northwest comer of said Lot 2, same being the Northeast corner of said Lot I, same being in the South line of aforesaid Lot IA I; THENCE North 75 deg. 58 min. 33 sec. West, along the common line of said Lots IAI and 1, a distance of 553.07 feet to a 1/2 inch iron rod set for the most northerly Southwest comer of the herein described tract; THENCE through the interior of said Lot IAI as follows: North 14 deg. 01 min. 27 sec. East, a distance of 343.78 feet to a 1/2 inch iron rod set for the Northwest comer of the herein described tract; South 75 deg. 58 min. 33 sec. East, a distance of 312.78 feet to a 1/2 inch iron rod set for angle point; North 74 deg. 55 min. 40 sec. East, a distance of 173.01 feet to a 1/2 inch iron rod set for angle point; South 75 deg. 58 min. 33 sec. East, a distance of 82.60 feet to a 1/2 inch iron rod set for angle point; North 89 deg. 42 min. 27 sec. East, a distance of 185.07 feet to a 1/2 inch iron rod set for the POINT OF BEGINNING and containing 488,709 square feet or 11.219 acres of computed land, more or less. Ordinance No. 3255-9-14, Page 4 1 EXHIBIT B Tax Abatement Agreement Ordinance No. 3255-9-14, Page 5