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1997-051City of Southlake, Texas OFFICIAL RECORD RESOLUTION NO. 97-51 A RESOLUTION ESTABLISHING AN ECONOMIC DEVELOPMENT PROGRAM WITH THE PARTNERSHIP WHICH OWNS THE SOLANA MIXED -USED DEVELOPMENT. WHEREAS, the City of Southlake desires to establish a program under Section 380.001 of the Local Government Code to provide incentives to attract economic development to the City; and, WHEREAS, such an economic development program will benefit all the citizens of the City by stimulating business and commercial activity in Solana, thereby increasing the tax revenues that support City services; Now Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. Economic Development Program. The City Council hereby establishes the City of Southlake Economic Development Program ("Program") No. One of the City pursuant to Section 380.001 of the Local Government Code. Section 2. Terms and Conditions. The terms and conditions the Program shall be established by separate agreement attached hereto and incorporated herein. Section 3. Effective Date. This resolution shall take effect immediately from and after its adoption, and it is accordingly so resolved. PASSED AND APPROVED ON THIS ATTEST: I," aw,4_, City Secretary APPROVED AS TO FORM: t.j/_Qto City Attorney D \W-FILES\ORD-RES .AGR\97-5I RES\kb DAY OF May r Rick Stacy 1997. ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This Economic Development Program Agreement ("Agreement") is made and entered into by and among MAGUIRE/THOMAS PARTNERS - WESTLAKE/SOUTHLAKE PARTNERSHIP, MAGUIRE PARTNERS WESTLAKE PARTNERSHIP, INTERNATIONAL BUSINESS MACHINES CORPORATION (collectively the "Owners" or singularly an "Owner"), and the CITY OF SOUTHLAKE (the "City"), a home -rule city and municipal corporation, for the purposes and considerations stated below: RECITALS: WHEREAS, the City has adopted Resolution No. 97-51 establishing an Economic Development Program and authorizing the agreement as part of the Economic Development Program; and WHEREAS, the Owners desire to participate in the Economic Development Program by entering into this Agreement; NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Authorization. This Agreement is authorized by §380.001 of the Texas Local Government Code and by Resolution of the City. 2. Definitions. Annexed Property means the real property more particularly described on Exhibit "A" which, contemporaneously with this Agreement, is becoming part of the City through annexation. ecoagrmt.wpd/kb Economic Development Program Agreement Page 2 Citv Franchise Fees means fees collected by the City from utility companies attributable to services provided on the Annexed Property. Citv Sales Tax Revenues means the amount of sales tax collected by the City from the imposition of a municipal sales tax the proceeds of which are not restricted as to use, more particularly, the present 1 % municipal sales and use tax adopted pursuant to Texas Tax Code 321.101(a) and 321.103, and which are derived from sales made on the Annexed Property, use occurring on the Annexed Property, or direct payment by a business located on the Annexed Property. Developer Companies (or singular. "Developer Companv"1 means each of the Owners, and all companies, including partnerships or corporations, or real estate investment trusts formed in the future, under common control with, controlled by, or controlling any of the Owners or Robert F. Maguire, III. For purposes of this definition, "control" means 25% or more of the ownership determined by either value or vote. Developer Tenant means a person or entity renting real estate from a Developer Company. MUD means the Trophy Club Municipal Utility District No. 1. MUD Taxpaver means a property owner who pays ad valorem tax to the Trophy Club Municipal Utility District No. 1 with respect to any tax year beginning with 1998 through and including 2007. Other MUD Taxpaver means a MUD taxpayer other than a Developer Company or a Developer Tenant. Program means the economic development program established by the City pursuant to Local Government Code §380.001 and under the Resolution referenced above. ecoagrtm.wpd/kb Economic Development Program Agreement Page 3 Program Grant means a grant paid by the City under the Program. Project means the improvements to be constructed on Kirkwood Blvd., and Technology Drive, as described on Exhibit "B" as part of the Program. Proiect Tax Balance means, at any point in time, the sum of Revenues actually collected, as set out in 4(b) and 4(c) below. 3. Term. This Agreement shall be effective as of the date of execution by all parties. This Agreement will terminate upon the last to occur of the following: a) The payment of all Program Grants; or b) The completion of the Project and reimbursement of the Owners for all amounts expended on the Project. 4. Submission of Data. The Owners shall submit to the City the following: a) List of Developer Companies and Developer Tenants. By March 30th of each year, the Owners shall submit to the City a list of the Developer Companies and Developer Tenants as of January 1 of that year. b) Citv Sales Tax Revenues. The Owners shall periodically provide to the City supporting documentation demonstrating City Sales Tax Revenues. Copies of sales tax reports filed by collectors or direct payers of sales tax located in the Annexed Property, which have been provided to the City by the Owners, are conclusive documentation of City Sales Tax Revenues, and such revenues will be deemed ecoaermt.wpd/kb Economic Development Program Agreement Page 4 collected when the City receives its share of sales taxes for the month corresponding to such report. c) Citv Franchise Fees. The Owners shall periodically provide to the City copies of checks to utility companies and corresponding utility company invoices for services provided at the Annexed Property, along with a calculation of City Franchise Fees generated from such payments. 5. Program Grant. a) Each MUD Taxpayer is entitled to a Program Grant from the City in the amount and subject to the conditions specified below, with respect to each tax year beginning with 1998 through and including 2007. b) In order to receive a grant, a MUD Taxpayer must provide the City with the following: 1) a letter requesting the grant for a particular tax year, 2) a copy of the MUD Taxpayer's check to the MUD for property taxes for that tax year, and 3) a copy of the MUD Taxpayer's check to the City for property taxes for that tax year. c) The City shall pay the Program Grant to the requesting MUD Taxpayer within fifteen (15) days of receipt of the information required by paragraph (b). d) (1) The Program Grant paid to each Developer Company and each Developer Tenant on the already developed property will be equal to the amount of property ecoagrmt wpd/kb Economic Development Program Agreement Page 5 taxes paid by such taxpayer to the City for the tax year. (2) The Program Grant paid to each Developer Company and each Developer Tenant on property developed after the effective date of this Agreement will be equal to the amount of property taxes paid by the MUD Taxpayer to the MUD. e) The grant paid to each Other MUD Taxpayer will be equal to the lesser of: 1) property taxes paid by the taxpayer to the MUD for that tax year, or 2) property taxes paid to the City for that tax year. 6. Proiect. a) The City and the Owners will jointly undertake the Project. b) The Owners will contribute to the City the right-of-way necessary for the Project. c) The City may expend funds on the Project at any time from sources available to the City. Should the City be unable to spend funds on the Project at the time any Owner is ready to begin the Project or a segment of the Project, the Owner may expend funds on the Project provided that it gives notice to the City of the anticipated expenditure. d) The City will reimburse an Owner for all expenditures made by the Owner on the Project. Reimbursement will be made within thirty (30) days of invoice; provided, however, that the City is required to make reimbursement within the 30 day period only to the extent the Project Tax Balance is positive. Any reimbursement deferred because of an insufficient Project Tax Balance will bear interest at a rate equivalent to the City's rate on 20 year AAA insured bonds, until paid. The City ecoagrmt.« pd/kb Economic Development Program Agreement Page 6 is required to make payment of amounts deferred under this provision at such time as and to the extent that the Project Tax Balance becomes positive. e) The Owners may not submit for reimbursement any expenditures exceeding three 3.0) million dollars, or incurred after December 31, 2007. Further, Owners may not submit for reimbursement any expenditures after the Project has been completed as described in Exhibit "B" of the Program. f) Should the City's annexation of the Annexed Property be voided for any reason, any funds expended by the City for the Project under the terms of this Agreement shall be reimbursed to the City by the Owner or Owners, under the same terms as provided for reimbursement of expenditures for Project by City to Owner under Section 6 of this Agreement, provided however, that the Project or segment of the Project for which the City expended funds was undertaken with the mutual agreement of the Owner and the City. 7. Utilities. The Owners acknowledge that during calendar year 2007 the City intends to review the status of utility providers throughout the City in order to determine the most appropriate method for delivery of utilities. 8. Access to Information. The Owners agree to provide the City access to information related to the computation of the Program Grant and reimbursement of Project expenditures during regular business hours upon reasonable notice. ecoagrmt.wpd/kb Economic Development Program Agreement Page 7 9. Mutual Assistance. The City and the Owners shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying the terms and provisions. 10. Section or Other Headings. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 11. Entire ALYreement. This Agreement contains the entire agreement between the parties with respect to the transaction contemplated herein. 12. Amendment. This Agreement may only be amended, altered, or revoked by written instrument signed by the Owners and the City. 13. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the parties, their respective successors and assigns. An Owner may assign all or part of its rights and obligations hereunder only upon prior written approval of the City, which approval shall not be unreasonable withheld or delayed. The determination of such approval shall be based upon the credit worthiness and financial ability of any proposed assignee to assume such rights and obligations of an Owner. Notwithstanding the foregoing provisions of this Section, in the event an Owner desires to transfer or assign its rights or obligations hereunder to any entity which falls within the definition of a ecoagrmt.wpd/kb Economic Development Program Agreement Page 8 Developer Company" contained in this Agreement, or any lender of any Developer Company, it shall have the right to do so without the consent or approval by the City, so long as the Owner shall remain responsible and obligated to the City for the performance of its obligations under this Agreement. 14. Notice. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addressed provided by the parties in writing. M/T PARTNERS/ WESTLAKE/SOUTHLAKE: MAGUIRE PARTNERS/ WESTLAKE: IBM CORPORATION: CITY: 15. Interpretation. Mr. Tom Allen Maguire/Thomas Partners 9 Village Circle, Suite 500 Roanoke, Texas 76262 Same as above International Business Machines Corporation One Old Orchard Road Armonk, New York 10504 Attn: Associate General Counsel, Real Estate And Business Development Curtis E. Hawk, City Manager City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 Regardless of the actual drafter of this Agreement, this Agreement shall, in the event of ecoasrmt wpd/kb Economic Development Program Agreement Page 9 any dispute over its meaning or application, be interpreted fairly and reasonable, and neither more strongly for or against any party. 16. Molicable Law. This Agreement is made, and shall be construed and interpreted under the laws of the state of Texas and venue shall lie in Tarrant County, Texas. 17. Severabilitv. In the event any provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then, and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement which is legal, valid and enforceable and is as similar to terms as possible to the provision found to be illegal, invalid or unenforceable. 18. Countemarts This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. ecoagrmt.%kpd/kb Economic Development Program Agreement Page 10 ATTEST City Secretary APPROVED AS TO FORM: City Attorney ecoagrmt wpd/kb THE CITY OF SOUTHLAKE By: I 0 . 44W4 Name: bd"k --I# ab# Title: Date: Economic Development Program Agreement Page 11 MAGUIRE/THOMAS PARTNERS - WESTLAKE/SOUTHLAKE PARTNERSHIP By: Maguire/Thomas Partners - Dallas, Ltd., a California limited partnership, General Partners By: Maguire Partners Solana, L.L.C., a California limited liability company, General Partners By: Maguire Partners SCS, Inc., a California corporation, Its Manager Name: Title: Date: By: Maguire/Thomas Partners - Dallas 11 Ltd., a California limited partnership By: Maguire Partners Solana, L.L.C., a California limited liability company, its General Partner By: Maguire Partners SCS, Inc. A California corporation, its manager By: Tom Allen, Senior Vice President By: International Business Machines Corporation, a New York corporation, General Partner Name: Title: Date: ecoagnnt.wpd/kb Economic Development Program Agreement Page 12 MAGUIRE PARTNERS - WESTLAKE PARTNERSHIP By: Maguire/Thomas Partners - Dallas, Ltd., a California limited partnership, General Partners By: Maguire Partners Solana, L.L.C., a California limited liability company, General Partners By: Maguire Partners SCS, Inc., a California corporation, Its Manager Name: Title: Date: By: International Business Machines Corporation, a New York corporation, General Partner Name: Title: Date: INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation Name: Title: ecoagrmt,%%pd/kb ECONOMIC DEVELOPMENT PROGRAM NO. ONE EXHIBIT "A" Map of annexed area, Tract 1 and Tract 2 Land description Tract 1 and Tract 2 RECD JUN 2 5 1997 RED il U Ni 2 51997 LAND DESCRIPTION TRACT 1) Being a tract of land located in the following surveys: C.M. THROOP SURVEY, ABSTRACT NO. 1510, T.W. MAN -N, SURVEY, ABSTRACT NO. 1107, W. MEDLIN SURVEY, ABSTRACT NO. 1958, WILLIAM PEA SURVEY, ABSTRACT NO. 1246, UP MARTrN, SURVEY, ABSTRACT NO. 1015, JOSEPH HENRY SURVEY, ABSTRACT NO. 742, Tarrant County, Texas and in the WILLIAM PEA SURVEY, ABSTRACT NO. 1045, JOSEPH HENRY SURVEY, ABSTRACT NO. 529, W. MEDLIN SURVEY, ABSTRACT NO. 1588, Denton County, Texas and being part of Lot 1, Block 3, and all of Lot l and Lot 2, Block 1, WESTLAKE/SOUTHLAKE PARK ADDITION NO. 1, an addition to the Town of Westlake, Tarrant County, Texas according to the map thereof recorded in Volume 388-214, Page 78, 79, Plat Records of Tarrant County, Texas, and being all of Lot 1R an 2R WESTLAKE/SOUTHLAKE PARK ADDITION NO. 1, an addition to the Town of Westlake, Tarrant County, Texas according to the map thereof recorded in Cabinet A, Slide 283, Plat Records of Tarrant County, Texas, and being part of that tract of land as described in deed to INITP-IBM Phase II and III Joint Venture as recorded in Volume 8995, Page 1268, Deed Records, Tarrant County, Texas and being parts of 3 tracts of land as described in deeds to International Business Machines Corporation as recorded in Volume 8775, Page 1863, Volume 8783, Page 40 and Volume 8783, Page 1483, Deed Records, Tarrant County, Texas and being more particularly described as follows: Beginning at a 1/2 inch iron rod set with cap stamped "Huitt-Zollars" at the southeast corner of said Lot 1, Block 3; Thence, along the southerly line of Lot 1, Block 3, South 88 degrees 45 minutes 45 seconds West, a distance of 375.57 feet to a 3/8 inch iron rod found in concrete; Thence, departing the southerly line of Lot 1, Block 3, North 00 degrees 26 minutes 14 seconds West, a distance of 50.00 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars" ; Thence along a line, 50 feet north of and parallel with the southerly line of said Lot 1, Block 3, South 89 degrees 33 minutes 46 seconds West, a distance of 1415.68 feet to a 1/2 inch iron rod set with cap stamped "Huitt- Zollars"; Thence along a line, 50 feet east of and parallel with an interior westerly line of said Lot 1, Block 3, North 00 degrees 47 minutes 24 seconds East, a distance of 460.49 feet to a 1/2 inch iron rod set with cap stamped "Huitt- Zollars"; Thence along a line, 50 feet north of and parallel with the southerly lines of said Lot 1, Block 3, and said MTP - IBM Phase II and III Joint Venture Tract, North 89 degrees 57 minutes 44 seconds West, a distance of 1926.30 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; Thence along a line, 100 feet east of and parallel with an interior westerly line of said MTP -IBM Phase II and III Joint Venture Tract, North 00 degrees 20 minutes 49 seconds East, a distance of 94.47 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; Thence along a line, 100 feet north of and parallel with the southerly line of said NITP-IBM Phase II and III Joint Venture Tract, North 89 degrees 39 minutes 10 seconds West, a distance of 1446.51 feet to a I/2 inch iron rod set with cap stamped "Huitt-Zollars" at the beginning of a curve to the right having a radius of 54.38 feet, a central angle of 89 degrees 45 minutes 10 seconds, and being subtended by a chord of 76.74 feet which bears North 44 degrees 46 minutes 35 seconds West; Thence along said curve to the right, 100 feet from and parallel with the southwesterly line of said 1MTP-1BM Phase li and III Joint Venture Tract, an arc distance of 85.19 feet to a 1/2 inch iron rod set with cap stamped Huitt-Zollars" at the end of said curve; Thence along a line, 100 feet east of and parallel with the westerly line of said MTP -IBM Phase lI and III Joint I SI.A EY-118_IwP NNE'( TRI Page I of 5 Venture Tract, North 00 degrees 06 minutes 00 seconds East, a distance of 100.00 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; Thence, North 89 degrees 54 minutes 00 seconds West, a distance of 50.00 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; Thence along a line, 50 feet east of and parallel with the westerly line of said MTP -BM Phase II and III Joint Venture Tract, North 00 degrees 06 minutes 00 seconds East, a distance of 878.01 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; Thence along a line, 50 feet east of and parallel with the westerly line of said MTP -IBM Phase II and III Joint Venture Tract, North 00 degrees 08 minutes 31 seconds West, a distance of 11.20 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; Thence, South 39 degrees 5l minutes 29 seconds West, a distance of 50.00 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars", on the westerly line of said NITP-IBM Phase II and III Joint Venture Tract, said point also being on the easterly right-of-way of Precinct Line Road (a variable width right-of-way); Thence along the westerly line of said MTP -IBM Phase II and III Joint Venture Tract and along the easterly right- of-way line of Precinct Line Road the following; North 00 degrees 08 minutes 31 seconds West, a distance of 383.27 feet to a 5/8 inch iron rod found with cap stamped "Carter & Burgess"; North 00 degrees 10 minutes 13 seconds West, a distance of 551.67 feet to 4 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; North 02 degrees 20 minutes 32 seconds East, a distance of 512.53 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; Thence, departing the westerly line of said NITP-IBM Phase II and III Joint Venture Tract, South 37 degrees 39 minutes 23 seconds East, a distance of 50.00 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; Thence along a line, 50 feet east of and parallel with the westerly line of said MTP -IBM Phase II and III Joint Venture Tract, the following; North 02 degrees 20 minutes 32 seconds East, a distance of 29.88 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; North 28 degrees 49 minutes 02 seconds East, a distance of 155.43 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; North 23 degrees 30 minutes 55 seconds East, a distance of 105.17 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; North 12 degrees 46 minutes 54 seconds East, a distance of 110.42 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; North 00 degrees 16 minutes 18 seconds West, a distance of 999.17 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars" on an interior northerly line of said MTP -IBM Phase II and III Joint Venture Tract; Thence, along an interior northerly line of said NITP-IBM Phase II and III Joint Venture Tract, North 89 degrees 1 SLAVEr2I3:'W?A.N .EY TRI Page 2 of 5 47 minutes 00 seconds East, a distance of 208.02 feet to a 5/3 inch iron rod found; Thence, along an interior westerly line of said MTP -IBM Phase [I and III Joint Venture Tract, North 00 degrees 30 minutes 28 seconds West, a distance of 186.28 feet to a Texas Department of Transportation monument found on the southwesterly right-of-way line (variable width right-of-way) of State Highway 114, as described in Donation Deed to the State of Texas as recorded in Volume 10591 Page 857 of the Deed Records, Tarrant County, Texas; Thence, along the southwesterly right-of-way line of State Highway 114 as described in said Donation Deed, the following; South 63 degrees 04 minutes 29 seconds East, a distance of 144.15 feet to a Texas Department of Transportation monument found; South 49 degrees 15 minutes 26 seconds East, a distance of 107.70 feet to a point for a comer; South 71 degrees 03 minutes 31 seconds East, a distance of 100.00 feet to a Texas Department of Transportation monument found; South 80 degrees 53 minutes 41 seconds East, a distance of 234.54 feet to a Texas Department of Transportation monument found; South 29 degrees 05 minutes 17 seconds East, a distance of 52.33 feet to a point for a corner; South 18 degrees 56 minutes 29 seconds West, a distance of 30.00 feet to a point for a corner; South 71 degrees 03 minutes 31 seconds East, a distance of 120.00 feet to a Texas Department of Transportation monument found; North 18 degrees 56 minutes 28 seconds East, a distance of 30.00 feet to a Texas Department of Transportation monument found; North 60 degrees 06 minutes 26 seconds East, a distance of 62.42 feet to a Texas Department of Transportation monument found; South 71 degrees 03 minutes 32 seconds East, a distance of 254.55 feet to a point for a comer; South 77 degrees 26 minutes 06 seconds East, a distance of 746.74 feet to a Texas Department of Transportation monument found; South 71 degrees 03 minutes 31 seconds East, a distance of 1443.85 feet to a Texas Department of Transportation monument found; South 62 degrees 34 minutes 19 seconds East, a distance of 404.34 feet to a Texas Department of Transportation monument found, at the beginning of a curve to the right having a radius of 2709.79 feet, a central angle of 08 degrees 19 minutes 09 seconds, and being subtended by a chord of 393.11 feet which bears South 58 degrees 24 minutes 45 seconds East; Along said curve to the right, an arc distance of 393.45 feet to a point for a comer at the end of said curve; South 54 degrees 15 minutes 11 seconds East, a distance of 399.24 feet to a Texas Department of Transportation monument found; South 64 degrees 19 minutes 50 seconds East, a distance of 56.55 feet to a point at the beginning of a 1\StRVEr2I82%WPA-NNTX.TRI Page 3 of 5 curve to the right having a radius of 2754.79 feet, a central angle of 02 degrees 13 minutes 52 seconds, and being subtended by a chord of 107.32 feet which bears South 43 degrees 17 minutes 37 seconds East; Along said curve to the right, an arc distance of 107.27 feet to a 1/2 inch iron rod found with cap stamped "Huitt-Zollars" at the end of said curve, and at the northeast comer of said Lot 1, Block 1, Westlake Southlake Park Addition No. l; Thence, continuing along the southwesterly right-of-way line of State Highway 114, and along the northeasterly platted line of said Lot 1, Block 1, the following; South 35 degrees 16 minutes 45 seconds East, a distance of 137.56 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; South 28 degrees 56 minutes 59 seconds East, a distance of 573.30 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; South 32 degrees 58 minutes 24 seconds East, a distance of 362.48 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars" at the beginning of a non -tangent curve to the left having a radius of 1452.39 feet, a central angle of 02 degrees 34 minutes 08 seconds and being subtended by a chord of 65.11 feet which bears South 35 degrees I I minutes 30 seconds East. Southeasterly along said curve to the left, an arc distance of 65.12 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars" at the point of reverse curvature of a curve to the right having a radius of 90.00 feet, a central angle of 99 degrees 43 minutes 58 seconds and being subtended by a chord of 137.62 feet which bears South 13 degrees 23 minutes 25 seconds West: Southwesterly along said curve to the right, an arc distance of 156.66 feet to a I/2 inch iron rod set with cap stamped "Huitt-Zollars" at the end of said curve; Departing the northeasterly platted line of said Lot 1, Block 1, South 26 degrees 44 minutes 36 seconds East, a distance of 131.00 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars" for a corner on the northerly line of said Lot IR, Block 2, Westlake Southlake Park Addition No. 1; Along the northerly and northeasterly platted lines of said Lot 1R, Block 2, North 63 degrees 15 minutes 24 seconds East, a distance of 28.20 feet to a 1/2 inch iron rod set with "Huitt-Zollars" cap on the common line between the City of Southlake and the city of Westlake as described in the City of Southlake Ordinance No. 430; Thence, departing the southwesterly right-of-way line of State Highway 114, and along the said common line of the City of Southlake and the City of Westlake, North, a distance of 721.80 feet to a point on the old northeasterly right-of-way line of State Highway 114; Thence, along the old northeasteriv right-of-wav line of State Highway 114, South 36 degrees 32 minutes 25 seconds East, passing at a distance of 2306.41 feet, a 5/8 inch iron rod found with cap stamped "Carter & Burgess" on the existing northeasterly right-of-way line of State Highway 1 l4, and continuing along the existing northeasterly right-of-way line of State Highway 114, in all a distance of 3500.18 feet to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars"; Thence, departing the northeasterly right-of-way line of State Highway 114, South 53 degrees 27 minutes 35 seconds West, a distance of 219.93 feet, to a 1/2 inch iron rod set with cap stamped "Huitt-Zollars" set on the southwesterly right-of-way line of State Highway 114 and on the projected common Lot line of Lot 6 and Lot 7, of the R.P. Estes Subdivision, as recorded in Volume 1957, Page 1324 , Deed Records, Tarrant County, Texas, said point also being on the north line of the City of Southlake City Limits as described in Ordinance Number 581; I SL1t%Er-'1U'WTA,-NE- TRI Page 4 of 5 Thence, along the projected common Lot line of Lot 6 and Lot 7, of the R.P. Estes Subdivision, and along the said City of Southlake City Limits, North 89 degrees 59 minutes 17 seconds West, a distance of 352.80 feet, to a 5/8 inch iron rod found for the east common corner of Lot 6 and Lot 7 of the said R.P. Estes Subdivision; Thence, along the common Lot line of Lot 6 and Lot 7, of the R.P. Estes Subdivision , and continuing along the said City of Southlake City Limits, North 89 degrees 59 minutes 17 seconds West, a distance of 1293.58 feet, to a 1/2 inch iron rod set with cap stamped "Huitt Zollars" on the easterly right-of-way line of Sam School Road; Thence, continuing along the said City of Southlake City Limits, crossing Sam School Road, North 49 degrees 59 minutes 28 seconds West, a distance of 82.79 feet, to a 1/2 inch iron rod set with cap stamped "Huitt Zollars" at the northeast corner of a tract of land as described in deed to Met Hobratsch as recorded in Volume 5092, Page 627, Deed Records, Tarrant County, Texas; Thence, departing the said City of Southlake City Limits, North 40 degrees 17 minutes 23 seconds East, a distance of 8.40 feet, to a 1/2 inch iron rod set with cap stamped "Huitt Zollars" on the westerly right-of-way line of Sam School Road; Thence, along the westerly right-of-way line of Sam School Road, North 18 degrees 37 minutes 15 seconds West, a distance of 454.20 feet, to the a 1/2 inch iron rod set with cap stamped "Huitt Zollars"; Thence, South 88 degrees 45 minutes 45 seconds West, a distance of 11.62 feet, to the point of beginning and containing 476.46 acres of Iand, more or Iess. For Hu itt-Zollars, I . Eric J. Yahou Registered Professional Land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 3131 McKinney Avenue Dallas, Texas 75204 June 19, 1997 Revised June 25, 1997 J SL-Rvsr2i3_tW?x1-'NTXntI Page 5 of 5 LAND DESCRIPTION TRACT 2) RECD J U IN 2 51997 Being a tract of land located in the following surveys: C.M. THROOP SURVEY, ABSTRACT NO. 1510, W. MEDLFN SURVEY, ABSTRACT NO. 1958, Tarrant County, Texas, W. MEDLIN SURVEY, ABSTRACT NO. 1588, Denton County, Texas and being part of Tract 2 and Tract 3 as described in deed to Maguire Partners Westlake Partnership as recorded in Volume 12474, Page 496, Deed Records, Tarrant County, Texas, and being more particularly described as follows: Beginning at a Texas Department of Transportation concrete monument found on the west right-of-way line of T.W. King Road (a variable width right-of-way)which bears North 00 degrees 33 minutes 00 seconds East, a distance of 123.21 feet from the southeast comer of Tract 3 as described in said Maguire Partners Westlake Partnership deed; Thence along the northeasterly right-of-way line of State Highway 114 (a variable width right-of-way) the following: South 53 degrees 27 minutes 45 seconds West, a distance of 28.26 feet to a Texas Department of Transportation concrete monument found; North 36 degrees 32 minutes 15 seconds West, a distance of 156.32 feet to a Texas Department of Transportation concrete monument found, at the beginning of a curve to the left having a radius of 3839.72 feet, a central angle of 03 degrees 16 minutes 19 seconds and being subtended by a chord of 219.24 feet which bears North 38 degrees 10 minutes 25 seconds West; Northwesterly along said curve to the left, an arc distance of 219.27 feet to a Texas Department of Transportation concrete monument found, at the end of said curve; North 18 degrees 45 minutes 03 seconds West, a distance of 81.41 feet to a Texas Department of Transportation concrete monument found, at the beginning of a non -tangent curve to the left having a radius of 3869.72 feet, a central angle of 00 degrees 45 minutes 22 seconds and being subtended by a chord of 51.07 feet which bears North 41 degrees 18 minutes 46 seconds West; Northwesterly along said curve to the left, an arc distance of 51.07 feet to a Texas Department of Transportation concrete monument found at the end of said curve; Thence, departing the northeasterly right-of-way line of State Highway 114, and along the northwesterly line of Tract 3 of said Maguire Partners Westlake Partnership deed, North 53 degrees 29 minutes 00 seconds East, a distance of 441.09 feet to a point for a corner; Thence, along the easterly lines of Tract 3 and Tract 2 of said Maguire Partners Westlake Partnership deed, the following; South 03 degrees 07 minutes 00 seconds West, a distance of 268.10 feet, to a point for a comer; North 89 degrees 28 minutes 00 seconds West, a distance of 25.00 feet, to a point for a corner; South 00 degrees 33 minutes 00 seconds West, a distance of 391.59 feet, to the point of beginning and containing 2.689 acres of land more or less; For H -Zollars, In i Eric J. N Aoud Huitt-Zollars, Inc. Registered Professional Land Surveyor 3131 McKinney Avenue Texas Registration No. 4862 Dallas, Texas 75204 June 19, 1997 1\SURVEr_1s_'.wrA.YNExrR_ Page 1 of I Prepared by: HU1TT-ZOLLARS #CGAC06144 Routine: Area Summary Coord File 2182BASE.CRD 6/25/97 8:58:19 Input Scale Factor: 1.000000 Output Scale Factor: 1.000000 RECD JUN 2 5 1997 SOLANA ANNEXATION TRACT 2 Pt. No. Angle -Right Bearing Distance Pt.No. 1064 S 53027'45'W 28.26 1030 1030 270o0O'00' N 36832'150W 156.32 1029 CURVE DEF: Arc CURVE DIR: CCW RAD: 3839.72 LEN: 219.27 TAN: 109.67 CEN. ANG: 3816'19' CHORD: 219.24 MO: 1.57 EXT: 1.57 DEGREE: 1029'32" SEG: 229 TRI: 420742 SEC: 420971 1029 89059'59' S 53027'44"N 3839.72 1028 1028 356043'41' N 50o11'25'E 3839.72 1027 1029 178021'50' N 38o10'25'W 219.24 1027 CHORD 1027 199025'22' N 18045'03"W 81.41 1026 CURVE DEF: Arc RAD: 3869.72 CHORD: 51.07 SEG: 3 LEN: 51.07 MO: 0.08 TRI: 98805 1026 67048'58' S 49003'55"W 025 359014'38' N 48o18'330E 026 157026'17' N 41018'46"W 1024 274047'46' 1014 309038'00' 1015 267025'00" 1016 90001'03' 2.688 Acres N 53029'00"E S 03807'00"W N 89028'00"W S 00833'03"W CURVE DIR: CCW TAN: 25.53 CEN. ANG: 0045'22" EXT: 0.08 DEGREE: 1028'50" SEC: 98808 3869.72 1025 3869.72 1024 51.07 1024 CHORD 441.09 1014 268.10 1015 25.00 1016 391.59 1064 ECONOMIC DEVELOPMENT PROGRAM NO. ONE EXHIBIT "B" Map of the annexed area indicating the extension of Kirkwood Blvd., to Precinct Line Rd., and the addition Technology Drive. 1 GIIMNIC SCA:.E RM)FE PM -CWT LM lie ROAD REALJOP 04T 1 OPMEW I` / .• ' _ / I \ _ . ... /-/ ////. _ / f _ _ _ _ _ _ _ _ _ V_ _ _ 'Fin._ I Lj IBJ N O ON EXHIBIT V THE PROJECT ' - - HUITT I JC ucRmY•. W.4M DW. 1.... 75r I , na. rtul rF-aon a. Rul n-ops I I /•/ 1 - J \ \ I