2001-038 ResolutionOFFICIAL RECORD
RESOLUTION NO. 01-038
A RESOLUTION OF THE CITY OF SOUTHLAKE, TEXAS, APPROVING
THE TERMS AND CONDITIONS OF AN AGREEMENT BY AND AMONG
THE CITY OF SOUTHLAKE, TEXAS AND CELLCO PARTNERSHIP, d/b/a
VERIZON WIRELESS, ESTABLISHING AND PROVIDING FOR TAX
ABATEMENT; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in accordance with Chapter 312 of the Texas Tax Code, the City Council of
the City of Southlake, Texas has approved Resolution No. 0 1-03 7 adopting a Tax Abatement Policy
which establishes guidelines and criteria governing tax abatement agreements, and electing to
become eligible to participate in tax abatement; and
WHEREAS, the City Council has been presented with a proposed tax abatement agreement
by and among the City of Southlake, and Cellco Partnership, d/b/a Verizon Wireless, a copy of
which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called the
Agreement"); and
WHEREAS, upon full review and consideration of the Agreement, and all matters attendant
and related thereto, the City Council is of the opinion 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 Southlake.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
SECTION 1.
The City Council finds that the terms of the Agreement and the property subject to the
Agreement meets the applicable guidelines and criteria governing tax abatement agreements
previously adopted by the Southlake City Council.
SECTION 2.
The City Council finds that the contemplated use of the property subject to the Agreement
and the improvements contemplated thereon in the amount set forth in the Agreement and the other
terms of the Agreement are consistent with encouraging development of Reinvestment Zone Number
3 in accordance with the purposes for its creation and are in compliance with the Tax Abatement
Policy, Chapter 312 of the Texas Tax Code, as amended, and all other applicable law.
SECTION 3.
The terms and conditions of the Agreement, having been reviewed by the City Council of
the City of Southlake and found to be acceptable and in the best interests of the City and its citizens,
are hereby approved.
Resolution 01-038 adopting Verizon Wireless Tax Abatement Agreement - Approved June 19, 2001 - Page 1 of 3
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SECTION 4.
The City Secretary is hereby authorized to deliver (in compliance with Section 312.2041 of
the Texas Tax Code) to the presiding officer of the governing body of each other taxing unit in
which the property subject to the Agreement is located a written notice that the City of Southlake,
Texas intends to enter the Agreement, which notice shall include a copy of the Agreement.
SECTION 5.
The Mayor is hereby authorized to execute the Agreement and all other documents in
connection therewith on behalf of the City.
SECTION 6.
This Resolution shall become effective from and after its passage.
PASSED AND APPROVED this the 19th day of June, 2001.
5oU THS''%
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ATTEST?
City Secretary
CRickSfacy, Mayo
Resolution 01-038 adopting Verizon Wireless Tax Abatement Agreement - Approved June 19, 2001 - Page 2 of 3
EXHIBIT A
TAX ABATEMENT AGREEMENT
Resolution 01-038 adopting Verizon Wireless Tax Abatement Agreement - Approved June 19, 2001 - Page 3 of 3
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement (the AGREEMENT) is entered into by and between the City
of Southlake, Texas, a home rule municipality located in Tarrant County, Texas, acting by and
through its duly authorized Mayor, hereinafter referred to as CITY, and Cellco Partnership, a
Delaware general partnership d/b/a Verizon Wireless, acting through its Executive Vice President
and Chief Technical Office, hereinafter referred to as OWNER.
WITNESSETH:
WHEREAS, in accordance with CHAPTER 312, as hereinafter defined, the CITY has
adopted Guidelines and Criteria for Tax Abatement (the POLICY), which constitutes appropriate
guidelines and criteria governing tax abatement agreements to be entered into by the CITY; and
WHEREAS, the CITY has adopted Resolution No. 01-037 stating that it elects to be eligible
to participate in tax abatement; and
WHEREAS, the PREMISES, as hereinafter defined, are wholly located within the ZONE,
as hereinafter defined; and
WHEREAS, the CITY desires to enter into this AGREEMENT in order to maintain and or
enhance the commercial and or industrial economic and employment base of the CITY to the long
term interest and benefit of the CITY in accordance with Ordinance 802 and CHAPTER 312; and
WHEREAS, the contemplated use of the PREMISES, as hereinafter defined, the
contemplated improvements to the PREMISES in the amount set forth in the AGREEMENT and
the other terms hereof are consistent with encouraging development in accordance with the purposes
and intent of the POLICY, and all applicable law; and
WHEREAS, the CITY has furnished a copy of the AGREEMENT, 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 PREMISES are located; and
WHEREAS, the parties contemplate that this AGREEMENT for property within the ZONE
will be executed in connection with the expectation that the PREMISES will be developed as a
Network Observation and Control Center and as such, will meet the minimum requirements of the
POLICY;
NOW, THEREFORE, the CITY for good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, which consideration includes the expansion of primary
employment and the attraction of major investment in the ZONE, which contributes to the economic
development of the CITY and the enhancement of the tax base in the CITY, and the OWNER, for
good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which
consideration includes the tax abatement set forth herein below, as authorized by CHAPTER 312,
do hereby contract, covenant and agree as follows:
Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 1 of 14
SECTION 1.
DEFINITIONS
A. AFFILIATE means any entity directly or indirectly controlling, controlled by, or
under common control with the OWNER. As used in the definition of AFFILIATE, the term
control" means directly or indirectly, the power to direct or cause the direction of the management
and policies of a person, whether through ownership of voting securities, by contract or otherwise.
B. CERTIFICATE OF OCCUPANCY means a certificate of occupancy other than
temporary, for an IMPROVEMENTS issued by the CITY pursuant to the Building Code of the City.
C. CHAPTER 312 means Chapter 312 of the Texas Tax Code, as amended.
D. CORPORATE AFFILIATE means Verizon Wireless or Verizon "Landline".
E. FORCE MAJEURE means any contingency or cause beyond the reasonable
control of OWNER including, without limitation, acts of God or the public enemy, war, riot, civil
commotion, insurrection, governmental or defacto governmental action (unless caused by acts or
omissions of OWNER), fire, explosion or flood, and strikes.
F. IMPROVEMENTS means the improvements to be constructed on or affixed
to the PREMISES, and any modifications thereafter to then existing buildings, and tangible personal
property installed on the PREMISES, excluding (1) inventory and supplies, and (2) tangible personal
property located on the PREMISES before the execution of this AGREEMENT. The kind, number
and location of all proposed IMPROVEMENTS are more specifically described in Exhibit "B"
attached hereto and made part of hereof.
G. POLICY means the Guidelines and Criteria for tax abatement adopted by
Resolution No. 01-037 of the City.
H. PREMISES means the property described in Exhibit "A" attached hereto and made
a part hereof.
I. SUBSTANTIAL COMPLETION of the IMPROVEMENTS means the date a
CERTIFICATE OF OCCUPANCY is issued for the IMPROVEMENTS by the CITY.
J. TAX ROLLS means the tax rolls of Tarrant Appraisal District.
K. VALUATION means the value of the IMPROVEMENTS as determined by the
Tarrant Appraisal District.
L. ZONE means Reinvestment Zone No. 3 of the CITY, created by Ordinance
No. 802 of the CITY.
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Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 2 of 14
SECTION 2.
COVENANTS OF THE OWNER
A. The OWNER shall have accomplished SUBSTANTIAL COMPLETION of
IMPROVEMENTS on the PREMISES before January 1, 2004, and that VALUATION of the
IMPROVEMENTS will be a minimum of Seventeen Million Dollars ($17,000,000) for real property
excluding land) and a minimum of $12,000,000 for the personal property located on the
PREMISES; OR VALUATION will be a minimum of Thirty Four Million Dollars ($34,000,000)
for both real and personal property combined but only if the IMPROVEMENTS to the real property
are at least Seventeen Million Dollars $17,000,000; provided that OWNER shall have such
additional time to complete the initial phase of the IMPROVEMENTS as may be required if CITY
determines that OWNER has not completed the IMPROVEMENTS due to an event of FORCE
MAJEURE, or if in the reasonable opinion of the CITY, the OWNER has made substantial progress
toward completion of the initial phase of the IMPROVEMENTS.
B. The OWNER agrees and covenants that it will diligently and faithfully in a good and
workmanlike manner pursue the completion of the IMPROVEMENTS as a good and valuable
consideration of this AGREEMENT. OWNER shall thereafter, from the date a certificate of
occupancy is issued until the expiration of this AGREEMENT(subject to an occurrence of FORCE
MAJEURE), continuously operate, maintain and occupy the PREMISES as a network observation
and control center, data center, local network administration headquarters and after January 1, 2004,
employ at least 400 full-time employees on the PREMISES. The employees shall have an average
annual salary of $40,000 or more. Both parties agree that the use of the PREMISES for this purpose
in accordance with this AGREEMENT, is consistent with the general purpose of encouraging
development within the ZONE.
C. OWNER shall comply in all material respects with all applicable rules, regulations,
ordinances, state and federal laws in the construction and operation of the IMPROVEMENTS.
D. Prior to October 1st of each year this AGREEMENT is in effect, OWNER shall
certify to the CITY that OWNER is in compliance with each applicable term of this AGREEMENT.
Such certifications shall be in a form reasonably satisfactory to the CITY, and shall include, at a
minimum, information supporting OWNER'S conclusions that it met (or expects to meet) each
condition and requirement to abatement set forth in this AGREEMENT.
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Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 3 of 14
SECTION 3.
ABATEMENT
Subject to the terms and conditions of this AGREEMENT, and subject to the rights of
holders of any outstanding bonds of the CITY, the CITY grants a tax abatement, as set forth below,
on all IMPROVEMENTS on the PREMISES, as follows:
A. The IMPROVEMENTS on the PREMISES shall be subject to tax
abatement to the extent the market value thereof, as reflected on the TAX ROLLS in each such year,
exceeds the value thereof, as reflected on the TAX ROLLS, for the year in which this AGREEMENT
is executed.
B. A four year tax abatement period is hereby granted, subject to Section
4 of this AGREEMENT; said abatement shall begin on January 1 of the year after SUBSTANTIAL
COMPLETION of the IMPROVEMENTS.
C. The tax abatement rate under this AGREEMENT for each year of the
tax abatement period shall be as follows:
Year Percent of Value of Improvements Exempted from Taxation
1 30%
2 20%
3 15%
4 10%
5 0%
D. No abatement as described in Section 3.13 or 3.0 herein shall start later than
January 1, 2004, unless extended pursuant to the provisions of Section 2.A hereof.
E. If OWNER or CORPORATE AFFILIATE constructs a second new building
having characteristics typical of a corporate office and not less than 200,000 square feet within the
limits of the CITY but not on the PREMISES, and CITY issues a CERTIFICATE OF
OCCUPANCY for this new building within four (4) years of the issuance of a CERTIFICATE OF
OCCUPANCY for Phase I, beginning January 1 of the year after issuance of the CERTIFICATE OF
OCCUPANCY for the second new building, CITY shall extend the abatement on the PREMISES
for a period of five years, at a rate of ten (10) percent of the value of IMPROVEMENTS per year
for each year after Year 4, or, if earlier, in accordance with Section 3. C. for such earlier year(s).
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Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 4 of 14
SECTION 4.
BREACH, RECAPTURE AND DEFAULT
A. In the event that (1) the initial phase of the IMPROVEMENTS for which the
abatement has been granted are not SUBSTANTIALLY COMPLETED in accordance with this
AGREEMENT; or (2) OWNER fails to occupy the IMPROVEMENTS for the purposes required
by this AGREEMENT; or (3) OWNER breaches any of the terms or conditions hereof, then this
AGREEMENT shall be in default unless the City determines that Company has not completed the
improvements due to an event of Force Majeure. In the event that the OWNER defaults in its
performance of (1), (2) or (3) above, then the CITY shall give the OWNER written notice of such
default and if the OWNER has not cured such default, or obtained a waiver thereof from the
appropriate authority, within 30 days of said written notice, the CITY may terminate this
AGREEMENT. If the CITY terminates this AGREEMENT for default, OWNER shall pay to the
CITY all taxes which otherwise would have been paid to the CITY without the benefit of the
abatement (but without the addition of penalty; interest will be charged at the statutory rate for
delinquent taxes as determined by Section 33.01 of the Texas Tax Code) within sixty days after the
expiration of the above mentioned applicable cure period. After sixty days, if said taxes owed remain
unpaid by the OWNER, the penalties and interest will accrue as provided by law. The
AGREEMENT may be terminated by the mutual consent of the parties in the same manner that the
AGREEMENT was approved and executed. If the initial phase of the IMPROVEMENTS has not
been substantially completed at the time of termination, the CITY shall recapture any property tax
revenue lost as a result of the AGREEMENT.
B. In the event that the CITY breaches any of the terms or conditions of this
AGREEMENT, then the CITY will be in default under this AGREEMENT, in which event the
OWNER shall give the CITY written notice of such default. If the CITY has not cured such default
within 30 days of the written notice, or if the CITY does not commence to cure such default within
said 30 day period and thereafter diligently proceed with its efforts to cure the same, then OWNER
shall been titled to exercise any right or remedy available to it at law or in equity, including without
limitation an action for damages.
C. It is expressly agreed between the parties to this AGREEMENT that nothing in this
AGREEMENT shall be deemed or construed to affect the ability of the CITY to place a lien for
taxes against the property as established by Section 32.01 of the Tax Code. Such lien shall secure
the payment of all taxes, penalties and interest ultimately imposed on the property, including any
taxes abated and subject to recapture under this AGREEMENT. Any such lien may be fully
enforced pursuant to the provisions of the Tax Code. For purposes of this subsection, property refers
to the PREMISES and all IMPROVEMENTS described herein.
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Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 5 of 14
SECTION 5.
REPRESENTATIONS AND WARRANTIES
A. The CITY represents and warrants to OWNER and covenants and agrees with OWNER
that:
1. The CITY has complied with the provisions of CHAPTER 312, and has adopted
valid and binding guidelines and criteria for tax abatement.
2. The PREMISES are eligible for tax abatement pursuant to the POLICY.
3. The CITY has all requisite power and authority to enter into this AGREEMENT and
consummate the transaction contemplated in this AGREEMENT. The CITY has duly authorized
the execution and delivery of this AGREEMENT such that all documents to be executed by the
CITY are valid, legally binding obligations and are enforceable against it in accordance with their
terms.
4. The CITY's execution of this AGREEMENT and its consummation of the transaction
do not breach any agreement or constitute a default or a condition that would ripen into a default
under any agreement to which the CITY is a party or by which all or part of the PREMISES is
bound. Furthermore, the CITY's execution of this AGREEMENT and its consummation of the
transaction do not violate any order, rule, or regulation applicable to the CITY or the PREMISES
of any court or any federal, state, or municipal regulatory body or administrative agency or other
governmental body.
5. The CITY does not represent or warrant that Tarrant County or any other taxing
entity will grant an abatement of any sort to OWNER.
B. The OWNER represents and warrants to CITY and covenants and agrees with CITY
that:
1. The tax abatement provisions of this AGREEMENT are the valid and binding
obligations of the OWNER.
2. The OWNER has all requisite power and authority to enter into this AGREEMENT
and consummate the transaction contemplated in this AGREEMENT. The OWNER has duly
authorized the execution and delivery of this AGREEMENT such that all documents to be executed
by the OWNER are valid, legally binding obligations and are enforceable against it in accordance
with their terms.
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Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 6 of 14
SECTION 6.
GENERAL PROVISIONS
A. Notices required to be given to any party to this AGREEMENT shall be given
personally or by registered or certified mail, return receipt requested, postage prepaid, addressed to
the party at its address set forth below, and, if given by mail, shall be deemed delivered as of the date
deposited in the United States mail:
For CITY by notice to: City of Southlake
Attention: City Manager
1400 Main Street, Suite 460
Southlake, Texas 76092
With a copy to: Taylor, Olson, Adkins, Sralla & Elam, L.L.P.
Attention: Wayne K. Olson
6000 Western Place, Suite 200
Fort Worth, Texas 76107
For OWNER: Cellco Partnership, d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, NJ 07921
Attention: Network real Estate
With a copy to: Locke Liddell & Sapp, LLP
2200 Ross Avenue, Suite 2200
Dallas, Texas 75201-6776
Attention: Earl A. Berry, Jr.
Any party may change the address to which notices are to be sent by giving the other parties written
notice in the manner provided in this paragraph.
B. OWNER in performing its obligations under this AGREEMENT is acting
independently, and the CITY assumes no responsibilities or liabilities to third parties in connection
with the PREMISES or IMPROVEMENTS. OWNER AGREES TO INDEMNIFY, DEFEND,
AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES IN
BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST CLAIMS
SUITS, DEMANDS, LOSSES, DAMAGES, CAUSES OF ACTION, AND LIABILITIES OF
EVERY HIND, INCLUDING, BUT NOT LIMITED TO, EXPENSES OF LITIGATION OR
SETTLEMENT, COURT COSTS, AND ATTORNEYS FEES WHICH MAY ARISE DUE TO
ANY DEATH OR INJURY TO A PERSON OR THE LOSS OF, LOSS OF USE OF, OR
DAMAGE TO PROPERTY, ARISING OUT OF OR OCCURRING AS A CONSEQUENCE
OF THE PERFORMANCE OF THIS AGREEMENT, SAVE AND EXCEPT FOR
DAMAGES OR LIABILITIES ARISING FROM THE SOLE NEGLIGENCE OF THE CITY,
ITS OFFICERS, AGENTS OR EMPLOYEES.
Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 7 of 14
C. None of the property subject to abatement of taxes under this AGREEMENT is
owned or leased by (i) any member of the CITY'S City Council, or (ii) any member of a zoning or
planning board or commission of the CITY.
D. At all times throughout the term of this AGREEMENT, in addition to other rights
under applicable laws, City codes and City ordinances, OWNER agrees that the CITY shall, (1) upon
giving reasonable notice to the OWNER, have reasonable access to the PREMISES for the purpose
of inspecting same to insure that the IMPROVEMENTS are constructed and the PREMISES used,
operated and occupied in accordance with this AGREEMENT, all applicable state and local laws and
regulations or valid waiver thereof, and (2) have the right to review and verify the OWNER'S
financial statements prior to granting a tax abatement in any given year.
E. The terms and conditions of this are binding upon the successors and assigns of all
parties hereto. OWNER cannot assign this AGREEMENT without CITY'S written permission,
which permission shall not be unreasonably withheld; provided however that upon written notice
to the CITY, OWNER may assign its rights under this AGREEMENT to an AFFILIATE.
F. This AGREEMENT was authorized by Resolution of the City Council at its regular
Council meeting on the 19" day of June, 2001, authorizing the Mayor to execute the AGREEMENT
on behalf of the CITY.
G. This AGREEMENT was entered into by OWNER pursuant to authority granted by
its Board of Directors, whereby Richard J. Lynch was authorized to execute this AGREEMENT on
behalf of OWNER.
H. This AGREEMENT shall be effective on the date that the latter of OWNER or CITY
hereto executes this AGREEMENT.
I. This AGREEMENT shall be governed by the laws of the State of Texas and is
performable in Tarrant County, Texas, and venue in any proceeding relating to this AGREEMENT
shall be in Tarrant County, Texas.
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Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 8 of 14
IYEXECUTEDthisdayofA
EXECUTED this day of
2001, by the City.
2001, by Owner.
City of Southlake
Rick acy, Mayar-
ATTEST:
City Secretary `.`0•.••'•••••'9'f':-
U; S
APPROVED AS TO FORM: = -
City Attorney 0
CELLCO PARTNERSHIP, a Delaware general
partnership d/b/a VERIZON WIRELESS
By:
Name. is and J. Lynch 461
Title: Executive Vice President and Chief Technical Officer
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Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 9 of 14
CITY ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Rick Stacy, Mayor
of the CITY OF SOUTHLAKE, a municipal corporation, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that he was duly authorized to
perform the same by appropriate resolution of the City Council of the City of Southlake and that he
executed the same as the act of the said City for the purposes and consideration therein expressed
and in the capacity therein stated.
dGIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
A4- 2001.
SANDRA L. LEGRAND
k , Notary Public ;
State of Texas
P
My Appt. Exp. 02-04-2005
vv vv v v vv vv vvvvw•vvwr
Notary Public in and for the State of Texas
Sandra. 4,1.E
Notary's Printed Name
My commission expires
Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 10 of 14
OWNER ACKNOWLEDGMENT
STATE OF NEW JERSEY §
COUNTY OF SOMERSET §
BEFORE ME, the undersigned authority, on this day personally appeared Richard J. Lynch,
Executive Vice President and Chief Technical Officer of Cellco Partnership, a Delaware general
partnership d/b/a Verizon Wireless, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that said instrument was signed on behalf of said
partnership, and said Richard J. Lynch acknowledged said instrument to be his free act and deed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE in said County and State this
day of 2001.
Notary Public, State of New Jersey
WILLIAM H, NEVILLE
Notary's Printed NaARY PUBIC OF NEW JERSEYEmissionExpires4/30/2006
My commission expires
Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 11 of 14
EXHIBIT A - PREMISES
BEING a 25.00 acre tract of land situated in the J.B. Martin Survey, Abstract 1134, Tarrant
County, Texas, and being a part of the land conveyed to Maguire Partners -Solana Limited
Partnership, by Special Warranty Deed recorded in Volume 14641, Page 232 Deed Records
Tarrant County, Texas (D.R.T.C.T.), and filed in County Clerk's File Number D200273882, and
being more particularly described as follows:
BEGINNING at a 5/8 -inch found iron rod with a plastic cap stamped "HUITT-ZOLLARS11
hereinafter referred to as with "H -Z" cap) at the intersection of the north right-of-way line of
Dove Road (a variable width right-of-way) with the west right-of-way line of Kirkwood
Boulevard (a variable width right-of-way), as established by the plat of Kirkwood Hollow Phase
1, an addition to the City of Southlake and recorded in Cabinet A, Slide 4537 of the Plat Records
of Tan -ant County, Texas;
THENCE North 89 degrees 39 minutes 47 seconds West along the north right-of-way line of said
Dove Road, a distance of 280.16 feet to a 5/8 -inch found iron rod with H -Z cap for comer at the
southeast comer of a tract of land conveyed to the City Of Southlake by Donation Deed recorded
in Volume 14028, Page 263, D.R.T.C.T.;
North 00 degrees 35 minutes 38 seconds East along an off -set line in said north right-of-way line,
a distance of 29.31 feet to a 5/8 -inch found iron rod with H -Z cap for comer;
North 89 degrees 24 minutes 23 seconds West along the north right-of-way line of said Dove
Road, a distance of 250.00 feet to a 5/8 -inch found iron rod with H -Z cap for an angle point in
said right-of-way line;
North 78 degrees 05 minutes 47 seconds West along the north right-of-way line of said Dove
Road, a distance of 254.95 feet to a 5/8 -inch found iron rod with H -Z cap for an angle point in
said right-of-way line;
North 89 degrees 24 minutes 25 seconds West along the north right-of-way line of said Dove
Road, a distance of 153.00 feet to a 5/8 -inch found iron rod with H -Z cap for comer, said point
being in the northeast right-of-way line of State Highway 114 (a variable width right-of-way);
North 23 degrees 48 minutes 03 seconds West along said northeast right-of-way line of State
Highway 114, a distance of 807.00 feet to a 1/2 -inch set iron rod with a yellow plastic cap
stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap") for comer, from which a
5/8 -inch found iron rod with H -Z cap bears South 83 degrees 12 minutes 26 seconds East, a
distance of 0.22 feet;
THENCE North 66 degrees 10 minutes 55 seconds East, departing said northeast right-of-way
line of State Highway 114, a distance of 1,046.34 feet to a point for comer on the southwest
right-of-way line of said Kirkwood Boulevard from which a 5/8 -inch found iron rod with H -Z
cap bears North 08 degrees 34 minutes 42 seconds East, a distance of 0.12 feet;
Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 12 of 14
THENCE South 33 degrees 33 minutes 58 seconds East, along said southwest right-of-way line
of Kirkwood Boulevard, a distance of 11.08 feet to the beginning of a tangent curve to the right
having a radius of 1,778.00 feet and whose chord bears South 16 degrees 34 minutes 08 seconds
East, a distance of 1,039.51 feet;
THENCE in a Southeasterly direction along said curve to the right and continuing along said
southwest right-of-way line of Kirkwood Boulevard, through a central angle of 33 degrees 59
minutes 40 seconds, an arc distance of 1,054.91 feet to the point of tangency;
THENCE South 00 degrees 25 minutes 42 seconds West continuing along the west right-of-way
line of Kirkwood Boulevard, a distance of 243.06 feet to THE POINT OF BEGINNING and
CONTAINING 1,088,861 square feet or 25.00 acres of land, more or less.
Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 13 of 14
EXHIBIT B - IMPROVEMENTS
Real property improvements similar to the following graphic representations.
Personal Property Improvements shall be those improvements typical of a telecommunications
facility.
Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 14 of 14
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facility.
Verizon Wireless NOCC Tax Abatement Agreement - Approved June 19, 2001 - Page 14 of 14