O-2485-2-06ORDINANCE NO. 2485-2-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DESIGNATING REINVESTMENT ZONE NO. 28 (DUKE
REALTY LIMITED PARTNERSHIP); 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 among the City of Allen, Texas, Duke Realty
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.
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 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. Pursuant to the provisions of Section 312.201 of the Texas Tax 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 time
"Reinvestment Zone No. 28."
SECTION 3. The property within Reinvestment Zone No. 28 is eligible for commercial -industrial tax
abatement effective January 1, 2006.
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.
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 m amended hereby, which shall remain in full force and effect.
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 le DAY OF FEBRUARY, 2006.
APPROVED AS TO FORM:
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Peter G. Smith, CM ATTORNEY
I
APPROVED:
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Stephe Terre 1, MAYO
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Sheley B. George, C, CITY SECfdTARY
Ordinance No. 24852-06, Page 2
EXHIBIT "A"
Legal Description
' 7.447 ACRES
Part of Lot 3, Block A, Millennium Office Park
Michael See Survey, Abstract No. 543
City of Allen, Collin County, Texas
DESCRIPTION, of a 7.447 acre tract of land situated in the Michael See Survey, Abstract No. 543 and the
William Perrin Survey, Abstract No. 708, Collin County, Texas; said tract being comprised of part of Lot 3,
Block A Millennium Office Park, an addition to the City of Allen, Texas according to the plat recorded in
Cabinet K, Slide 856 of the Map Records of Collin County, Texas; said tract being part the same had of land
described in Special Warranty Deed to Allen Economic Development Corporation recorded in Volume 3914,
Page 1795 of the Deed Records of Collin County, Texas, and all of a tract of land described in Special
Warranty Deed to Allen Economic Development Corporation recorded in Volume 5828, Page 1038 of the
Deed Records of Collin County, Texas; said 7.447 acre tract being more particularly described as follows:
BEGINNING, at a 1/2 -inch iron rad with Weir & Assoc." cap found in the west right-of-way line of US 75
(Central Expressway) (a variable width right-of-way); said point being the southernmost end of a right-of-way
comer clip at the intersection of said west right-of-way line and the south right-of-way line of Venture Drive
(a variable width right-of-way);
THENCE, along the said west line of US 75, the following five (5) calls:
South 13 degrees, 11 minutes, 41 seconds West, a distance of 51.14 feet to a 1/2 -inch iron rod with
' "Weir & Assoc." cap found at an angle point;
South 87 degrees, 56 minutes, 14 seconds West, a distance of 3 1. 10 feet to a 1/2 -inch iron rod with
"Pacheco Koch" cap set at an angle point; said point being the northeast comer of said Allen
Economic Development Corporation tract;
South 13 degrees, 11 minutes, 48 seconds West, a distance of 124.96 feet to a cut "+" in concrete
found at an angle point;
South 37 degrees, 09 minutes, 08 seconds East, a distance of 38.98 feet to a 1/2 -inch iron rod with
'Pacheco Koch' cap set at an angle point; from said point a 60D nail found bears South 70
degrees, 39 minutes East, a distance of 0.4 feet, a PK nail found bears South 09 degrees, 57
minutes East, a distance of 0.6 feet;
South 13 degrees, 11 minutes, 41 seconds West, a distance of 396.02 feet to a 12 -inch von rod
with "Pacheco Koch" cap set for comer,
THENCE, North 76 degrees, 48 minutes, 19 seconds West, departing the said west line of Interstate Highway
75, a distance of 145.97 feet to a 12 -inch iron rod with 'Pacheco Koch" cap set for comer;
THENCE, South 13 degrees, 11 minutes, 41 seconds West, a distance of 47.68 feet to a 1/2 -inch iron rod with
'Pacheco Koch' cap set for corner,
THENCE, North 76 degrees, 48 minutes, 19 seconds West, a distance of 192.03 feet to a 1/2 -inch iron rod
' with "Pacheco Koch' cap set for corner;
THENCE, North 13 degrees, 11 minutes, 41 seconds East, a distance of 128.29 feet to a 1/2 -inch iron rod
with "Pacheco Koch' cap set for corner,
Ordinance No. 24852-06, Page 3
THENCE, North 76 degrees, 48 minutes, 19 seconds West, a distance of 216.72 feet to a 1/2 -inch iron rod
' with "Pacheco Koch" cap set in the east right-of-way line of Epoch Drive (an 80 -foot wide right -of --way); said
point being in a non -tangent curve to the left;
THENCE, in a northwesterly direction along the said east line of Epoch Drive and along said curve to the left,
having a central angle of 12 degrees, 59 minutes, 12 seconds, a radius of 640.00 feet, a chord bearing and
distance of North 15 degrees, 44 minutes, 15 seconds West, 144.75 feet, an arc distance of 145.06 feet to a
1/2 -inch iron rod with "Pacbeco Koch" cap set at the end of said curve;
THENCE, North 22 degrees, 13 minutes, 51 seconds West, along the said east line of Epoch Drive, a distance
of 68.01 feet to a 1/2 -inch iron rod with "Pacheco Koch" cap set at the southernmost end of a right-of-way
comer clip at the intersection of the said east line of Epoch Drive and the said south line of Venture Drive;
THENCE, North 18 degrees, 13 minutes, 31 seconds East, departing the said east line of Epoch Drive, along
said right-of-way corner clip, a distance of 22.83 feet to a 1/2 -inch iron rod with "Pacheco Koch" cap set at
the beginning of a non -tangent curve to the left;
THENCE, departing the said east line of Epoch Drive and along the said south line of Venture Drive, the
following five (5) calls:
In a northeasterly direction, along said curve to the left. having a central angle of 04 degrees, 25
minutes, 32 seconds, a radius of 640.00 feet, a chord bearing and distance of North 55 degrees, 47
minutes, 45 seconds East, 49.43 feet, an arc distance of 49.45 feet to a 1/2 -inch iron rod with
"Pacheco Koch" cap set at the end of said curve;
North 53 degrees, 34 minutes, 59 seconds East, a distance of 155.21 feet to a 1/2 -inch von rod with
"Pacheco Koch" cap set at the beginning of a tangent curve to the right;
In a northeasterly direction along said curve to the right, having a central angle of 32 degrees, 24
minutes, 42 seconds, a radius of 560.00 feet, a chord bearing and distance of North 69 degrees, 47
minutes, 20 seconds East, 312.58 feet, an are distance of 316.79 feet to a 1/2 -inch iron rod with
"Pacheco Koch" cap set at the end of said curve; said point being the beginning of a compound curve
to the right;
In a southeasterly direction along said compound curve to the right, having a central angle of 20
degrees, 31 minutes, 17 seconds, a radius of 291.50 feet, a chord bearing and distance of South 83
degrees, 44 minutes, 41 seconds East, 103.85 feet, an are distance of 104.41 feet to a 1/2 -inch iron rod
with "Pacheco Koch" cap set at the end of said curve;
South 73 degrees, 29 minutes, 02 seconds East, a distance of 154.39 feet to a cut "+" in concrete
found at the northernmost end of said right-of-way corner clip at the intersection of said south line of
Venture Drive and the said west line of US 75.
THENCE, South 30 degrees, 08 minutes, 41 seconds East, departing the said south line of Venture Drive and
along said right-of-way comer clip, a distance of 14.55 feet to the POINT OF BEGINNING;
CONTAINING, 324,406 square feet or 7.447 acres of land, more or less.
Ordinance No. 24852-06, Page 4