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O-3432-10-16ORDINANCE NO. 3432-10-16 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 33 (COMPASS DATACENTERS - DFW 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. 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 as a reinvestment zone and for identification is assigned the time "Reinvestment Zone No. 33" or "Compass Datacenters - DFW I, LLC Zone". SECTION 3. The property within Reinvestment Zone No. 33 is eligible for commercial -industrial tax abatement effective on January 1, 2016. SECTION 4. 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. SECTION 5. All ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and the same we hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 6. 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 ordamed. 1 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 25TH DAY OF OCTOBER 2016. APPROVED: x ai' aw Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelle B. Gr re, CITY S RE�TARY (PGS:10fi-16:TM 80153) Ordinance No. 3432-10-16 Page 2 EXHIBIT A Legal Description for Zone 33 ' DESCRIPTION OF PROPERTY SURVEYED BEING a tract of land situated in the George Phillips Survey, Abstract No. 701, City of Allen, Collin County, Texas; and being part of a called 96.656 acre tract of land described in deed to Allen Commerce Center, L.P. recorded in Instrument No. 20061127001670390 of the Official Public Records of Collin County, Texas; and being more particularly described as follows: COMMENCING at a 1/2 -inch iron rod with "WIER ASSOC. INC." cap found at the intersection of the west right-of-way line of U.S. Highway No. 75 (a variable width right-of-way) and the north right-of-way line of Allen Commerce Parkway (a variable width right-of-way) and being the beginning of a curve to the left having a central angle of 23021'57", a radius of 885.00 feet, a chord bearing and distance of North 78°38'14" West, 358.42 feet; THENCE with said north fight -of -way line of Allen Commerce Parkway, the following courses and distances: ht a northwesterly direction, with said curve to the left, an are distance of 360.91 feet to a 1/2 -inch iron rod with "WIER ASSOC. INC." cap found for comer; South 89°40'47" West, a distance of 391.04 feet to a 5/8 -inch iron rod with "KHA" cap set for the POINT OF BEGINNING; THENCE continuing with said north right-of-way line of Allen Commerce Parkway, South 89040'47" West, a distance of 493.83 feet to a 1/2 -inch iron rod found for comer in the east line of a tract of land described in ' Special Warranty Deed to Brookside Partners, LTD recorded in Instrument No. 97-0109658 of said Official Public Records and in Special Warranty Deed to Nimbus Partners, L.P. recorded in Instrument No. 2004- 0184521 of said Official Public Records; THENCE departing said north right-of-way line of Allen Commerce Parkway and with said cast line of the Brookside Partners, LTD and Nimbus Partners, L.P. tract, North 5014'12" East, a distance of 1082.32 feet to a 1/2 -inch iron rod found for the southwest comer of Lot 21?, Block A, Replat Ridgeview Memorial Park, an addition to the City of Allen according to the plat recorded in Cabinet M, Page 460 of the Map Records of Collin County, Texas; THENCE departing said east line of the Brookside Partners, LTD and Nimbus Partners, L.P. tract and with the south line of said Lot 2R, Block A, South 8505706" East, a distance of 491.61 feet to a 5/8 -inch iron rod with "KRA" cap set for comer; THENCE departing said south line of Lot 2R, Block A, South 5014'12" West, a distance of 1044.69 feet to the POINT OF BEGINNING and containing 12.000 acres or 522,720 square feet of land. The bearings for this survey are based on a bearing of South 85057'06" East for the north line of a called 96.656 acre tract of land described in deed to Allen Commerce Center, L.P. recorded in Instrument No. 20061127001670390 of the Official Public Records of Collin County, Texas. L, Ordinance No. 3432-10-16. Page 3 Ordinance No. _— *Page 4