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O-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 wr vW/isgN NFfE1x NlIICx A0m1CRTE cam M m IBl 6 uEsmleEo mu mown eEuuu m rt+cmww.cm IINExFmCFI&f a10'AFE�EN1 WY �w$IrAIFm IW51 ryE�Ntld 2,mLEnNM yafod PLlk UM W Pif-"x�9u�w�xn MWIimf NnGb b�fglln ranN. iemm ilW'k d P� Plgab 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