O-1580-2-981580-2-98
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
DESIGNATING A CERTAIN AREA AS INDUSTRIAL RE NVE.STM@Tl' ZONE
NO. 17; PROVIDING FOR THE ESrABLISHMENr OF AGREEMENTS
WITHIN THE ZONE, AND OTHER MATTERS RELATING THERETO;
PROVIDING FINDINGS OF FACT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE FOR THE COMMENCEMENT OF
THE REINVESTMENT ZONE AND THIS ORDINANCE
WHEREAS, the City Council of the City of Allen, Texas, desires to promote the development of a
certain contiguous geographic area within its jurisdiction by the creation of a Reinvestment Zone, as
authorized in Chapter 312 of the Texas Tax Code (the "Code"); and,
WHEREAS, a proposed Tax Abatement Agreement between the City of Allen, Texas, Texas Health
Resources, the County of Collin, Texas, and the Collin County Community College District 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; and,
WHEREAS, a hearing before the City Council was held at 7:30 p.m. on the 19th day of February, 1998,
such date being not later than seven (7) days after the date of publication of the notice of such public
' hearing in a newspaper of general circulation in the City of Allen; and,
WHEREAS, the City has called a public hearing and published notice of such public hearing, and has
properly notified the proper officials of Collin County, Collin County Community College and the Allen
Independent School District, as required by the Code; and,
WHEREAS, at such hearing the City invited any interested person, or their representative, to appear
and contend for or against the creation of the Reinvestment Zone, whether all or part of the territory,
which is described by a metes and bounds description attached hereto as Exhibit "A" and depicted in
the drawing attached hereto as Exhibit "B," should be included in such proposed Reinvestment Zone;
and
WHEREAS, all owners of property located within the proposed Reinvestment zone and all other taxing
units and other interested persons were given the opportunity at such public hearing to protest the
creation of the proposed Reinvestment Zone or the inclusion of their property in such reinvestment
zone; and,
WHEREAS, all activities within the Reinvestment Zone will adhere to the guidelines defined in City
of Allen Comprehensive Zoning Ordinance No. 1425-5-96, and its amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: The City Council of the City of Allen, Texas, after conducting such hearing and having
heard such evidence and testimony, has made the following findings and determinations based on the
evidence and testimony presented to it:
(a) That the public hearing on adoption of the Reinvestment Zone has been properly
called, held and conducted and that notice of such hearing has been published as
required bylaw.
' (b) That the City has jurisdiction to hold and conduct this public hearing on the creation
of the proposed Reinvestment Zone pursuant to the Code.
(c) That creation of the proposed zone with boundaries as described in Exhibits "A" and
"B" will result in benefits to the City, its residents and property owners, and to the
property, residents and property owners in the Reinvestment Zone.
(d) That the Reinvestment Zone, as defined in Exhibits "A" and "B," meets the criteria for
the creation of a Reinvestment Zone as set forth in the Code in that:
(1) It is a contiguous geographic area located wholly within the corporate limits
of the City.
(2) The area will reasonably be likely, as a result of the designation, to contribute
to the retention or expansion of primary employment or to attract major
investment in the zone that would be a benefit to the property and that would
contribute to the economic development of the City.
(3) No part of the property in the Reinvestment Zone is owned or leased by a
member of the governing body of the City of Allen or by a member of a
zoning or planning board or commission of the City of Allen.
(4) Improvements in the Reinvestment Zone will enhance significantly the value
of all taxable real property in the Reinvestment Zone.
SECTION 2• The City hereby creates a Reinvestment Zone over the area described by the description
in Exhibit "A" attached hereto and depicted in a drawing attached hereto as Exhibit "B," and such
Reinvestment Zone shall hereafter be identified as the Industrial Reinvestment Zone, No. 17, City of
Allen, Texas (the "Zone").
SECTION 3: The Mayor is hereby authorized to execute on behalf of the City of Allen the Tax
Abatement Agreement between the City of Allen, Texas, Texas Health Resources, the County of Collin,
Texas, and the Collin County Community College District (a copy of which is attached hereto as Exhibit
"C"), said agreement having been previously reviewed and approved by the City Council of the City of
Allen.
SECTION 4: Operation of the Zone shall commence on February 19, 1998, for a period of five (5)
years.
SECTION 5: A written agreement(s), as provided in the Act, with the owners of the property located
within the Reinvestment Zone is hereby authorized for a period up to five (5) years, and the written
agreement shall provide an exemption from taxation of the increased value in the real and personal
property in an amount of up to forty percent (40%) of the increased value over five (5) years.
STICTION 6. It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional or invalid.
Ordinance No. 1580-2-98 Paget
I
DULY PASSED AND APPROVED BY THE MY COUNCH,OF THE CITY OF ALLEN, TEXAS,
ON THE 19TH DAY OF FEBRUARY, 1998.
.� *410
�, • •SEURUFARY
Ordinance No. 1580-2-98 Page 3
J
IJ
9'D- 00R5&3X
0
STATE OF TEXAS § +�
§ TAX ABATEMENT AGREEMENT W
COUNTY OF COLLIN §
cn
0
This Tax Abatement Agreement (the "AGREEMENT) is entered into by and between the
City of Allen, Texas (the "CITY") and Texas Health Resources ("OWNER') acting by and through N
their respective authorized officers. tV
WITNESSETH:
WHEREAS, the City Council of the CITY, passed an Ordinance (the "ORDINANCE")
establishing Reinvestment Zone No. 17 (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 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 Premises (hereinafter
defined), the contemplated improvements to the PREMISES as 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 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 expiration of
this AGREEMENT; and
Tax Abatement Agreement - Page 1 SS15320
EXHIBIT A
Ordinance No. 1580-2-98
04365 04623
WHEREAS, a copy of this AGREEMENT has been fiunished, in the manna prescribed by
the TAX CODE, to the presiding officers of the governing bodies of each of the taxing units in which
the Property 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 is hereby
acknowledged, including the expansion of primary employment, the attraction of major investment in
the ZONE, which contributes to the economic development of the CITY and the enhancement of the
tax base with in the CITY, the patties agree as follows:
GENERAL PROVISIONS
1. Texas Health Resources owns or is under contract to purchase the real property described in
Exhibit "A" attached hereto and made a part hereof for all purposes (the `TREMISES'), which
PREMISES are located within the city 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 rights of the holders of outstanding bonds
of the CITY.
4. The PREMISES are not owned or leased by any 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.
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.
& Subject to the terms and conditions of this AGREEMENT, the CITY hereby grants
OWNER an abatement of ad valorem taxation on the PREMISES and TANGIBLE PERSONAL
PROPERTY (hereinafter defined) to be located on the PREMISES for a period of five (5) years in
accordance with the schedule described below. 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 real
property that exceeds the unimproved property's taxable value for the year in which this
Tax Abatement Agreement - Page 2 55153]0
EXHIIiTT A
Ordinance No. 1580.2-98
j
04365 04624
AGREEMENT is executed (Base Year/1999). The tax abatement agreement for tangible personal
property may only apply to the personal property added to the real property after this AGREEMENT
is executed.
Year
Percentage of Abatement
2000
40%
2001
40%
2002
40%
2003
40%
2004
40%
The period of tax abatement herein authorized shall be five (5) years.
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.
DEFINITIONS
9. Wherever used in this AGREEMENT, the following terms shall have the meanings ascribed
to them:
A. The PREMISES shall mean the real property described in Exhibit "A"
attached hereto and incorporated herein for all purposes including any improvements and
personal property, excluding inventory and supplies, which is added to the property subsequent
to the execution of this AGREEMENT,
B. The IMPROVEMENTS shall mean the contemplated improvements to be
constructed on the PREMISES and as further described herein, including but not limited to
buildings and structures added to the property.
C. The TAXABLE VALUE shall mean the total assessed taxable value on
January 1 of any tax year of the PREMISES and the IMPROVEMENTS.
D. The BASE YEAR TAX VALUE shall mean the total unimproved property's
assessed taxable value for the year in which the Tax Abatement Agreement is executed (1999).
E. The FIRST YEAR OF THE TAX ABATEMENT AGREEMENT shall be
January 1, 2000,
F. CERTIFIED APPRAISED VALUE means the appraised value of the
PREMISES as certified by the Collin County Appraisal District as of January 1 of each year in
which the tax abatement is granted.
Tax Abatement Agreement - Page 3
EXHIBIT A
Ordinance No. 1580-2-98
aa15520
04365 04625
' G. TANGIBLE PERSONAL PROPERTY shall mean tangible personal
property, equipment and fixtures other than inventory or supplies added to the
PREMISES subsequent to the execution of this AGREEMENT.
H. EVENT OF BANKRUPTCY or INSOLVENCY shall mean the
dissolution or termination of OWNER or LESSEE'S existence as a going business,
insolvency, appointment of a receiver for any part of the OWNER'S property and such
appointment is not terminated within sixty (60) days after such appointment is initially
made, any general assignment for the benefit of creditors, or the commencement of any
proceedings, under any bankruptcy or insolvency laws by or against the OWNER and
such proceedings is not dismissed within sixty (60) days after the filing thereof.
10. OWNER is the owner or is under contract to purchase the PREMISES described in Exhibit
"A" and agrees to construct or cause to be constructed a medical office building of approximately
45,000 square feet (and other ancillary facilities such as required parking and landscaping more Silly
described in the submittals Sled by OWNER with the CITY from time to time in order to obtain a
building permit). The value of the Medical office building including the land and TANGIBLE
' PERSONAL PROPERTY should be approximately Six Million Six Hundred Thousand Dollars
($6,600,000). Nothing in this AGREEMENT shall obligate OWNER to construct the
IMPROVEMENTS on the PREMISES, but said construction is a condition precedent upon
initiation of tax abatement pursuant to this AGREEMENT. Subject to the terms and conditions of
this AGREEMENT, OWNER is entitled to an abatement of ad valorem in accordance with
Paragraph 6, conditioned upon OWNER, their successors or assigns, diligently constructing the
aforesaid.
CONSTRUCTION OF IMPROVEMENTS
11. 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
contemplated IMPROVEMENTS on or before January 31, 2000, as good and valuable consideration
for this AGREEMENT, and that all construction of the IMPROVEMENTS will be in substantial
accordance with all applicable state and local laws, codes, and regulations, (or valid waiver thereof);
provided, that OWNER shall have such additional time to complete and maintain the
IMPROVEMENTS as may be required in the event of "Force Majeure," if OWNER is diligently and
fsithfidly pursuing completion of the same. For this 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, not, civil commotion, insurrection, adverse weather, government or de
Tax Abatement Agreement - Page 4 9515520
EXHIBIT A
Ordinance No. 1580-2-98
04365 04626
facto governmental action or inaction (unless caused by acts or omissions of OWNER), fires,
explosions or floods, strikes, slowdowns or work stoppages.
12. OWNER agrees to maintain or cause the maintenance of the IMPROVEMENTS in
substantial accordance with all applicable state and local laws, codes, and regulations for a period of
not less than Five (5) years after the date a certificate of occupancy is issued for the
IMPROVEMENTS or until the CITY has received ad valorem taxes from the PREMISES 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 tight of access to the PREMISES during
construction to inspect the IMPROVEMENTS at reasonable tunes and with reasonable notice to
OWNER, and in accordance with OWNEWs 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 PREMISES will be Sled
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 also annually certify to the CITY
that they are in substantial compliance with each term of the AGREEMENT.
16. The PREMISES and the IMPROVEMENTS constructed thereon at all times shall be used
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 ZONE.
17. OWNER agrees to pass on to any tenants, the benefit of the abatement of taxes granted
herein. OWNER shall, upon written request, provide the CITY with satisfactory evidence that
OWNER has passed on the benefits of this AGREEMENT to the tenants of the PREMISES.
DEFAULT: RECAPTURE OF TAX REVENUE
18. In the event that OWNER fails in performance of any of the following conditions: (i)
completion of the IMPROVEMENTS in accordance with this AGREEMENT or in accordance with
applicable State or local laws, codes or regulations; (S) has any delinquent ad valorem or State sales
taxes owed to the CITY (provided OWNER retain thein right to timely and properly protest such
' taxes or assessment); (iii) upon the occurrence of any EVENT OF BANKRUPTCY or
Tax Abatement Agreement - Page 5 ss15520
EXHIBIT A
Ordinance No. 1580-2-98
04365 04627
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 herein, shall be in default of this
AGREEMENT. As liquidated damages in the event of such default, the then OWNER shall, within
thirty (30) days after 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 even of default termination would be speculative and difficult
to determine. The parties further agree that any property tax revenue lost, including interest as a result
of this AGREEMENT, shall be recoverable against the then OWNER of the PREMISES and the
11"ROVEMENTS, shall constitute a tax lien on the PREMISES itself and shall become due, owing
and shall be paid to the CITY within thirty (30) days after termination.
19. 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 defruh. 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 aired.
20. If OWNER fails to cure 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 revenue 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 after a notice of termination is made. The CITY shall have all
remedies for the collection of the recaptured tax reveres 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 revenue 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 Appraisal District, multiplied by the tax rate of the years in question, as calculated by the
Tax Assessor -Collector for the CITY. Penalties as provided for delinquent taxes shall commence to
accrue 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 the exemption application shall be submitted to the CITY for
review. OWNER shall also annually certify to the CITY that it is in compliance with the terns of this
' AGREEMENT.
Tax. Abatement Agreement - Page 6 EXHIBIT A SS15520
Ordinance No. 1580-2-98
04365 04628
SUCCESSORS AND ASSIGNS
23. This AGREEMENT shall be binding on and more to the benefit of the parties to it and their
respective heirs, executors, administrators, legal representatives, successors, and assigns. This
AGREEMENT may be assigned with the written consent of the CITY.
NOTICE
24. All notices requited 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 or by hand
delivery.
25. This AGREEMENT was authorized by resolution of the City Council authorizing the Mayor
to execute this AGREEMENT on behalf of the CITY.
SEVERABHITY
26. 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.
Tax Abatement Agreement - Page 7 ss15520
EXHIBIT A
Ordinance No. 1580-2-98
1. CITY OF ALLEN: Mayor and City Manager
City of Allen
One Butler Circle
Allen, Texas 75013
2. OWNER Brian Holmes
Director of Facilities Development
'
Texas Health Resources
5750 Pineland
Suite 100
Dallas, Texas 75231
25. This AGREEMENT was authorized by resolution of the City Council authorizing the Mayor
to execute this AGREEMENT on behalf of the CITY.
SEVERABHITY
26. 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.
Tax Abatement Agreement - Page 7 ss15520
EXHIBIT A
Ordinance No. 1580-2-98
C4365 04629
' APPLICABLE LAW
27, 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
28. 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
29. 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.
30. The provisions of this AGREEMENT are hereby declared covenants running with the
PREMISES and are £idly binding on all successors, heirs, and assigns of OWNER who acquire any
right, tide, 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 frdly perform the provisions of this AGREEMENT with respect to the right, title or interest in
such PREMISES. Nothing herein shall make the owner of the PREMISES and Improvements liable
for any taxes payable in respect of property of another person, nor shall the PREMISES and
Improvements be subject to any lien for another person's failure to pay taxes on its personal property.
RECORDATION OF AGREEMENT
31. A certified copy of this AGREEMENT shall be recorded in the Deed Records of Collin
County, Texas.
INCORPORATION OF RECITALS
32. The determinations recited and declared in the preambles to this AGREEMENT are hereby
incorporated herein as part of this AGREEMENT.
33. All exhibits to this AGREEMENT are incorporated herein by reference for all purposes
wherever reference is made to the same.
Tax Abatement Agreement - Page 8 SSI 5520
EXHIBIT A
Ordinance No. 1580-2-98
04365 04630
' EXECUTED in duplicate originals this the day ofr� 199.
CITY OF ALLEN, TEXAS
LQO
By:
STEPHEN TERRELL, MAYOR
ATTEST::,
]UPSYII+I� S—IrMYSECRETARY
F
EXECUTED in dupfeate originals this the /? day of ,1999.
tY�Y:I:F.`I
0
OF FACH (TIES DEVELOPMENT
Abatement Agreement - Page 9 ss155"
EXHIBIT A
Ordinance No. 1580-2-98
1
1
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
04365 04631
This instn,ment was acknowledged before me on the I day of 11 ALU\ V l., , 1995
by Steven Terrell, Mayor of the City of Allen, Texas, a Texas municipality, on behalf of said
Municipality.
EQ,GR=a-
My
ORGEBLICxas262001
My Commission Expires:
O'er-ao-a.00 k
Notary Public, gate of Texas
Tax Abatement Agreement - Page 10
EXEDBIT A
Ordinance No. 1580-2-98
sa155m
04365 04632
' TEXAS HEALTH RESOURCE'S ACKNOWLEDGMENT
STATE OF TEXAS S
COUNTY OF DALLAS §
This instrument was acknowledged before me on the jj d day of 19q�
by Brian Holmes, Director of Facilities Development of Texas Health Resources, on behalf of said
corporation.
Notary Publi&State of 16as
My Commission expires:
SUE MCEVOD,s1 Nowt' Pybllo, Stale a
' My commlasipn Expires
1
Tax Abatement Agreement - Page 11 $srssm
EXHIBIT A
Ordinance No. 1580-2-98
04365 04633
' EXHIBIT "A"
PROPERTY DESCRIPTION
A tract or parcel of land situated in the John Fykes Survey, Abstract No. 325 and the L.K. Pegues Survey, Abstract
No. 702 in the City of Allen, Collin County, Texas and being a part of Tract 1 of the land conveyed to Janice B.
Brittingham in County Clerk Record No. 93-0071697, Collin County, Texas, more particularly described M
follows:
COMhgNCING at [he intersection of the easterly line of Raintree Circle (an 80' right-of-way) as record in
Cabinet G, Page 120 of the Map Records of Collin County, Texas, and the southerly lice at Exchange Parkway
(formerly known as Rowlett Road and being a 110' right-of-way) as tecorded in Cabinet F, Page 649 of the Map
Records of Collin County, Texas;
THENCE North 61°23'48" East along the southerly line of said Exchange Parkway for a distance of 447.17 feet to
a''/:" iron rod with yellow plastic cap stamped "RLG" set and the POINT OF BEGINNING;
THENCE continuing North 61°23'48" East along the southerly line of said Exchange Parkway for a distance of
87.72 feet to a %s" iron rod found at a point of curvature of a carve to the right;
THENCE northeasterly continuing along the southerly lice of said Exchange Parkway, along a curve to the right
having a radius of 943.00 feet, a central angle of 46°11'42", a tangent length of 403.03 feet, and a chord which
bears N 84°19'31" E a distance of 736.81 feet, for an arc distance of 761.91 feet to a''/" iron rod with yellow
plastic rap stamped "RLG" set for a point of compound curvature;
THENCE southeasterly continuing along the southerly line of said Exchange Parkway along a curve to the right
having a radius of 33.00 feel, a central angle of 65°00'01", a tangent length of 21.02 and a chord which bears a S
39°54'29" E a distance of 35.46 feet, for an an distance of 37.44 feet to a'h" iron rod with yellow plastic cap
stamped "RLG" set at a point of compound curvature;
THENCE southwesterly continuing along the southerly line of said Exchange Parkway along a curve to the right
having a radius of 228.00 feel, a central angle of 24026'19", a tangent length of 49.38 and a chord which bears S
04°48141" W a distance of 96.51 feet, for an an distance of 97.25 to a'h" iron rod with yellow plastic cap stamped
"RLG" set at a point of reverse curvature;
THENCE southeasterly continuing along the southerly lice of said Exchange Parkway along a curve to the left
having a radius of 188.50 feet, a central angle of 80°06'50", a tangent length of 158.49 and a chord which bears S
23°01'35" E a distance of 242.62 feet, for an arc distance of 263.57 feet to a W' iron rod with yellow plastic cap
stamped "RLG" set at the end of said curve to the left;
THENCE South 63°05'00" East continuing along the southerly line of said Exchange Parkway a distance of
150.50 feet to a VV iron rod with yellow plastic cap stamped "RLG" set and a point of curvature;
THENCE southeasterly continuing along the southerly line of said Exchange Parkway along a curve to the right
having a radius of 33.00 feel, a central angle of 67022'48", a tangent length of 22.00, and a chord which bears S
29°23'36" E a distance of 36.61 feet, for an arc distance of 38.81 feet to a W' iron rod with yellow plastic up
stamped "RLG" set and a point of compound curvature;
THENCE southwesterly continuing along the southerly lice of said Exchange Parkway along a curve to the right
having a radius of 228.00 feet, a central angle of 22°37'12", a tangent length of 45.60, and a chord which bears S
' 15°36'24" W a distance of 89.43 feet, for an am distance of 90.01 feet to a W iron rod with yellow plastic cap
stamped "RLG" set for corner in the westerly right-of-way line of U.S. Highway No. 75 (a 300' right-of-way) and
the end of said curve to the right;
EXHIBIT A
Ordinance No. 1580-2-98
04365 04634
' Property Description - Page 2
THENCE South 26°50'53" West along the westerly line of said U.S. Highway No. 75 a distance of 320.21 feet to a
1" iron pipe found for comer in the south line of a 31.112 acre tract described in Volume 1776, Page 687 of the
Map Records of Collin County, Texas and in the north line of a 2.749 acre tract recorded in Volume 509, Page 272
of the Map Records of Collin County, Texas;
THENCE North 89°25'00" West along the south line of said 31.112 acre tract a distance of 111.03 feet to a Y."
iron rod found for corner;
THENCE North 00°17'00" West a distance of 5.50 feet to a'/." iron rod found for comer;
THENCE South 89°50'51" West a distance of 390.52 feet a portion of which is along the north line of tut 1 Block
H, of the Replat at Bray O atral One Addition, as recorded in Cabinet G, Page 120 of the Map Records of Collin
County, Texas, to a W' iron rod with yellow plastic cap stamped "RLG" set for comer,
THENCE North 30°09'09" West a distance of 809.30 feet to the POINT OF BEGINNING, and containing 622,908
square feet or 14.3000 acres, more or less.
RETURN ORIGINAL TO:
Allen Economic Development Corporation
100 Allentown Parkway, Suite 211
Allen, Texas 75002-4200
EXMIT A
Ordinance No. 1580-2-98
aEs %��� °rrxan lswa"'a�
1 aiou�m v2a n� ��ima� `s RMS � � n n a1tlY PJB
�aia�mu}a'wm.nxm
MAR 0 3 1999
161!C & fLg6I1JOYorTX in:
HONORABLE HELEN STARNES
On 1999/03/03
At 3r44P
Number. 99- 002583
Type : AS 1
33.00