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HomeMy WebLinkAboutResolution 2019-032 RESOLUTION NO. 2019-032 A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE REGARDING THE CREATION OF THE CITY POINT PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF NORTH RICHLAND HILLS, TEXAS REGARDING THE PUBLIC HEARING. WHEREAS, the City of North Richland Hills, Texas (the "City"), is authorized under Chapter 372 of the Texas Local Government Code (the "Act"), to create a public improvement district within its corporate limits; and WHEREAS, on August 8, 2019, La Verne Butterfield, L.P., a California limited partnership, the owner of (1) taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and (2) record owner of real property liable for assessment under the proposal who: (A) constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal (the "Petitioner"), submitted and filed with the City Secretary of the City (the "City Secretary") a petition ("Petition"), attached hereto as Exhibit "A," requesting the establishment of the City Point Public Improvement District to consist of approximately 52.873 acres of property within the corporate limits of the City(the"District"); and , WHEREAS, the City Council of the City (the "City Council") based upon receipt of the Petition has decided to hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality before the 15th day before the date of the hearing, and written notice must be mailed to the current address of each owner, as reflected on the tax rolls, of property that would be subject to assessment under the proposed public improvement district before the 15th day before the date of the hearing; and WHEREAS, both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and Resolution No.2019-032 Page 1 of 3 WHEREAS, the City Council has determined to hold a public hearing on September 9, 2019 regarding the creation of the District; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT: SECTION 1. The City Council hereby finds that the recitals set forth above are true and correct and are incorporated into this Resolution as if written herein. SECTION 2. City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the City Council accepts the Petition. SECTION 3. That a public hearing is hereby called for September 9, 2019, at 7:00 p.m. at North Richland Hills City Council Chambers, 4301 City Point Drive, North Richland Hills, TX 76180, for the purpose of hearing public testimony with respect to the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. SECTION 4. At such time and place the City Council will hear testimony regarding the creation of the proposed public improvement district and consider the adoption of a resolution authorizing the creation of the District. SECTION 5. Attached hereto as Exhibit "A" is the Petition for the Creation of a Public Improvement District within the City of North Richland Hills, Texas, for the City Point Public Improvement District, which includes a metes and bounds description for the District. SECTION 6. Attached hereto as Exhibit "B" is a form of the Notice of Public Hearing (the "Notice"), the form and substance of which is hereby adopted and approved. SECTION 7. The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, and to mail the notice to any affected landowners within the boundaries of the proposed public improvement district as required by law. The City Secretary shall provide notice on or before August 23, 2019, which is before the 15th day before the September 9, 2019 hearing. SECTION 8. If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution No.2019-032 Page 2 of 3 SECTION 9. This Resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED on this 12th day of August, 2019. CITY OF ORT 16 HILLS By: ATTEST: e\eo�q� \Aoto RIf e ,r��`ff'fi Oscar Trevino, Mayor Alicia Richardson, CTOperet ry APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney APPR 0 CONTENT: Craig Hu e, onomic Development Director Resolution No.2019-032 Page 3 of 3 Resolution No. 2019-032 Exhibit"A" PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS FOR THE CITY POINT PUBLIC IMPROVEMENT DISTRICT Resolution No. 2019-032 Page 1 of 13 Resolution No. 2019-032 Exhibit"A" PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF NORTH RICHLAND HILLS,TEXAS FOR THE CITY POINT PUBLIC IMPROVEMENT DISTRICT This petition("Petition")is submitted and filed with the City Secretary of the City of North Richland Hills,Texas("City"),by La Verne Butterfield,L.P.,a California limited partnership(the "Petitioner"), owner of all of the real property located within the proposed boundaries of the District (hereinafter defined). Acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), the Petitioner requests that the City create a public improvement district(the"District"),to include certain property located within the corporate limits of the City (the "Property"), more particularly described by a metes and bounds description in Exhibit A and depicted in Exhibit B. In support of this Petition,the Petitioner would present the following: Section 1. General Nature of the Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization,landscaping,lighting,signage,off-street parking and right-of-way;(ii)establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein;(iii)sidewalks and landscaping,including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water,wastewater and drainage improvements and facilities; (v)projects similar to those listed in subsections(i)-(iv)above authorized by the Act,including similar off-site projects that provide a benefit to the property within the District; (vi)special supplemental services for improvement and promotion of the District; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs(i)-(vi)above;and(viii)payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vii) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Section 2. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire, and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in the establishment, administration, and operation of the District is $15,000,000.00. The City will pay none of the costs of the proposed improvements from funds other than such assessments and possible tax increment reinvestment zone revenue. The remaining costs of the proposed improvements will be paid from sources other than the City or assessments of property owners. Section 3. Boundaries of the Proposed District. The District is proposed to include the Property. FILED with City Secretary's Office CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION AUG _ 2019 Resolution No. 2019-032 Page 2 of 13 Resolution No. 2019-032 Exhibit"A" Section 4. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements(including interest). Section 5. Proposed Apportionment of Costs between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the District, and possible tax increment reinvestment zone revenue. No municipal property in the public improvement district shall be assessed. The Petitioner may also pay certain costs of the improvements from other funds available to the Petitioner. Section 6. Management of the District. The Petitioner proposes that the District be managed by the City,with the assistance of a consultant, who shall, from time to time, advise the City regarding certain operations of the District. Section 7. The Petitioner Requests Establishment of the District. The person signing this Petition requests the establishment of the District, is duly authorized, and has the corporate authority to execute and deliver the Petition. Section 8. Advisory Board. The Petitioner proposes that the District be established and managed without the creation of an advisory board. If an advisory board is created,the Petitioner requests that a representative of the Petitioner be appointed to the advisory board. Section 9. Landowner(s). This Petition has been signed by(1)the owners of taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owners of real property liable for assessment under the proposal who: (A)constitute more than 50 percent of all record owners of property that is liable for assessment under the proposal; or(B) own taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal. This Petition is hereby filed with the City Secretary of the City,or other officer performing the functions of the municipal secretary. in support of the creation of the District by the City Council of the City as herein provided. The undersigned request that the City Council of the City call a public hearing on the advisability of the Authorized Improvements, give notice thereof as provided by law and grant all matters requested in this Petition and grant such other relief, in law or in equity,to which Petitioner may show itself to be entitled. RESPECTFULLY SUBMITTED, on this the 0 day of August, 2019. CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 3 of 13 Resolution No. 2019-032 Exhibit"A" OWNER LA VERNE BUTTERFIELD, L.P., a California limited partnership By: Chest Properties,LLC, a Delaware limited liability company its General Partner By: SCKG Company, LLC a California limited liability comp its Mana • ember By: Name: zra Kest Its: Manager A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § T4s in trument was acknowledged before me on the b day of August, 2019 by E,Z-fa Manager of SCKG Company, LLC, a California limited liability company, as Managing Member of Chest Properties,LLC,a Delaware limited liability company, as General Partner of La Verne Butterfield, L.P., a California limited partnership, on behalf of said partnership. .�`-' JUAN C NERNANDE2 ! COMM. #2161294 z . �.i z r: v Notary Public•California o Notary Pub ic, e of California V7,41Los Angeles County j _Mt Comm.E3iies Ju1lt29,2020I CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 4 of 13 Resolution No. 2019-032 Exhibit"A" EXHIBIT A Metes and Bounds 52.873 ACRES TRACT 1: BEING all of Lot 1,Block 3,CITY POINT ADDITION,an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County,Texas. TRACT 2 BEING 16.881 acres of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606,North Richland Hills, Tarrant County, Texas, and being a portion of Lot 1, Block 2, CITY POINT ADDITION, an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County, Texas, and being a portion of the tracts of land identified as Tract I, and Parcels ONE and TWO, in the deed to La Verne Butterfield, L.P.,recorded in County Clerk's File No. D213022633, of the Official Public Records of Tarrant County, Texas, and also being a portion of the tract of land conveyed to La Verne Butterfield,L.P.,by the deed recorded in County Clerk's File No. D214005869, of the Official Public Records of Tarrant County, Texas. Said 16.881 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a concrete Texas Electric Service Company monument found at the most Westerly Northwest corner of said Lot 1,Block 2, said point being the Northeast corner of Lot 16, Block 1, Edgley Addition,to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Volume 388-140, Page 11, of the Plat Records of Tarrant County, Texas, and said POINT OF BEGINNING lying in the Southeast right-of-way line of State Highway No. 26 (a variable width public right-of-way); THENCE along the Northwest boundary line of said Lot 1, Block 2, and the Southeast right-of- way line of said State Highway No. 26,as follows: 1. N 47° 39' 42" E 413.12 feet, to a 'h" iron rod marked `Brittain & Crawford" set at the beginning of a curve to the right; 2. NORTHEASTERLY 33.48 feet, along said curve to the right, having a radius of 250.00 feet, a central angle of 07° 40' 29", and a chord bearing N 51° 29' 56" E 33.46 feet, to a %" iron rod marked"Brittain&Crawford" set at the end of said curve; THENCE along the North boundary line of said Lot 1, Block 2, and the South boundary lines of Lot 1, Block E, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet"A", Slide 21590, of the Plat Records of Tarrant County,Texas, and Lot 2,Block 2, Calloway Farm Addition,to the City of North Richland Hills, CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 5 of 13 Resolution No. 2019-032 Exhibit"A" Tarrant County, Texas,according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County,Texas, as follows: 1. S 42° 51' 35" E 41.46 feet, to an "X" cut in concrete set at the most Westerly Southwest corner of said Lot 1, Block E, and said point lying in the curve to the right; 2. NORTHEASTERLY 11.22 feet, along said curve to the right, having a radius of 200.50 feet, a central angle of 03° 12' 25", and a chord bearing N 74° 41' 28"E 11.22 feet,to an "X"cut in concrete set at the end of said curve; 3. N 76° 15' 24" E 261.04 feet, to an "X" cut in concrete set at the beginning of a curve to the left; 1. NORTHEAS IERLY 99.70 feet,along said curve to the left,having a radius of 199.50 feet, a central angle of 28° 37' 59", and a chord bearing N 61° 57' 18"E 98.66 feet,to an"X" cut in concrete set at the end of said curve; 2. N 48° 20' 24"E 53.72 feet,to a"MAG"nail set at the beginning of a curve to the left; 3. NORTHEASTERLY 8.23 feet, along said curve to the left, having a radius of 20.00 feet, a central angle of 23° 34' 41", and a chord bearing N 35° 48' 53"E 8.17 feet, to an"X" cut in concrete set at the North corner of said Lot 1, Block 2, and said point lying in the Southwest right-of-way line of City Point Drive (a 110 foot wide public right-of-way); THENCE along the Northeast boundary line of said Lot 1, Block 2, and the Southwest right-of- way line of said City Point Drive, as follows: 1. S 42° 23' 46"E 573.15 feet,to an"X"cut in concrete found; 2. S 06° 53' 30" E 105.89 feet, to a V2" iron rod marked "TOPOGRAPHIC" found lying at the intersection of the Southwest right-of-way line of said City Point Drive with the West right-of-way line of City Point West(a 40 foot wide public right-of-way); THENCE continuing along the Northeast boundary line of said Lot 1,Block 2,and the West right- of-way line of City Point West, as follows: 1. S 12° 35' 44"W 47.65 feet,to an"X"cut in concrete set at the beginning of a curve to the left; 2. SOUTHEASTERLY 125.38 feet, along said curve to the left, having a radius of 271.00 feet, a central angle of 26° 30' 30",and a chord bearing S 00° 39' 31"E 124.27 feet,to a point lying at the end of said curve; 3. S 13° 54' 47"E 36.64 feet, to an"X" cut in concrete set at the beginning of a curve to the right; CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 6 of 13 Resolution No. 2019-032 Exhibit"A" 4. SOUTHEASTERLY 29.57 feet, along said curve to the right, having a radius of 281.00 feet, a central angle of 06° 01' 47", and a chord bearing S 10° 53' 53"E 29.56 feet,to an "X"cut in concrete set at the Northeast corner of a proposed 10.00 acres tract of land; THENCE severing said Lot 1, Block 2,as follows: 1. S 89° 37' 12"W 628.11 feet,to a''A" iron rod marked"Brittain&Crawford"set; 2. S 00° 27' 51" E 246.59 feet, to a Y2" iron rod found at the Northeast corner of Ruth Road (a 50 foot wide public right-of-way); THENCE S 89° 35' 09" W 49.95 feet, along the North right-of-way line of said Ruth Road, to a l2"iron rod found at the Northwest corner of said Ruth Road; THENCE again severing said Lot 1, Block 2, as follows: 1. N 00° 27' 51"W 122.78 feet, to a %2" iron rod marked`Brittain&Crawford" set; 2. S 89° 35' 50" W 480.59 feet, to a J2" iron rod marked `Brittain & Crawford" set in the West boundary line of said Lot 1, Block 2, and the East boundary line of a tract of land conveyed to ONCOR Electric Delivery Company, LLC, by the deed recorded in Volume 1947,Page 169, of the Deed Records of Tarrant County,Texas; THENCE N 00° 22' 36" W 473.10 feet, along the West boundary line of said Lot 1, Block 2, and the East boundary line of said ONCOR Electric Delivery Company Tract and the aforesaid Lot 16, Block 1, Edgley Addition, to the POINT OF BEGINNING containing 16.881 acres (735,331 square feet) of land. TRACT 3: BEING all of Lot 2,Block 1,CITY POINT ADDITION,an addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D214125258, of the Official Public Records of Tarrant County,Texas. TRACT 4: BEING 0.759 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of the tract of land identified as Tract VII, in the deed to La Verne Butterfield, L.P., by the deed recorded in County Clerk's File No.D205028589,of the Official Public Records of Tarrant County,Texas. Said 0.759 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the Southwest corner of said La Verne Butterfield Tract, and the Northwest corner of Lot 9, Block A, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in Cabinet"A", Slide 299, CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 7 of 13 Resolution No. 2019-032 Exhibit"A" of the Plat Records of Tarrant County,Texas, said point also being the Southeast corner of a tract of land identified as Tract I,and the Southerly portion of Tract II,in the aforesaid deed to La Verne Butterfield, L.P.; THENCE N 00°08' 55"W 50.08 feet,along the West boundary line of said Tract VII and the East boundary line of the aforesaid Tract of land identified as Tract I and the Southerly portion of the Tract II,to a'/2 iron rod found at the Northwest corner of said Tract VII, and the Southwest corner of a tract of land identified as Tract II, in the deed to Columbia North Hills Hospital Subsidiary, L.P.,recorded in Volume 14448,Page 33, of the Deed Records of Tarrant County, Texas; THENCE N 89° 40' 25" E 660.60 feet, along the North boundary line of said Tract VII and the South boundary line of said Columbia North Hills Hospital Subsidiary Tract, to a '/2" iron rod found at the Northeast corner of said Tract VII and the Southeast corner of said Columbia North Hills Hospital Subsidiary Tract, and said point lying in the West right-of-way line of Booth Calloway Road(a 60 foot wide public right-of-way); THENCE S 00° 32' 11" E 49.98 feet, along the East boundary line of said Tract VII and the West right-of-way line of Booth Calloway Road,to a'/2"iron rod found at the Southeast corner of said Tract VII and the Northeast corner of a tract of land identified as Tract I, in the aforesaid deed to Columbia North Hills Hospital Subsidiary, L.P.; THENCE S 89° 39' 54" W 660.93 feet, along the South boundary line of said Tract VII and the North boundary line of said Tract I, and the aforesaid Lot 9, Block A, to the POINT OF BEGINNING containing 0.759 acre (33,059 square feet) of land. TRACT 5: BEING 0.169 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of the tract of land identified as "Tract I and the Southerly portion of Tract II", in the deed to La Verne Butterfield, L.P.,by the deed recorded in County Clerk's File No. D205028590,of the Official Public Records of Tarrant County,Texas. Said 0.169 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a %2" iron rod found with aluminum cap marked "4873" at the Southwest corner of Lot 1, Block M, Calloway Farm Addition, to the City of North Richland Hills,Tarrant County, Texas, according to the plat recorded in Cabinet"A", Slide 11807, of the Plat Records of Tarrant County, Texas, said point lying in the Northeast right-of-way line of City Point Drive (a variable width public right-of-way); THENCE S 89° 59' 16" E 51.30 feet, along the South boundary line of said Lot 1, Block M, and severing said La Verne Butterfield Tract,to a`/2"iron rod marked"Brittain&Crawford"set at the Southeast corner of said Lot 1, Block M, and said point lying in the West boundary line of a tract of land identified as Tract II, in the deed to Columbia North Hills Hospital Subsidiary, L.P., recorded in Volume 14448, Page 33, of the Deed Records of Tarrant County, Texas; CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 8 of 13 Resolution No. 2019-032 Exhibit"A" THENCE S 00°26' 57"E 305.54 feet,along the West boundary line of said Columbia North Hills Hospital Subsidiary Tract and the East boundary line of said La Verne Butterfield Tract, to a'/2" iron rod found at the Southwest corner of said Columbia North Hills Hospital Subsidiary Tract, and the Northwest corner of a tract of land identified as Tract VII, in the aforesaid deed to La Verne Butterfield; THENCE S 00° 08' 55" E 50.08 feet, along the West boundary line of said Tract VII, to a 5/8" iron rod found at the Southwest corner of said Tract VII and the Northwest corner of Lot 9,Block A,Calloway Farm Addition,to the City of North Richland Hills,Tarrant County,Texas,according to the plat recorded in Cabinet"A", Slide 299, of the Plat Records of Tarrant County, Texas, and said point lying in the East right-of-way line of the aforesaid City Point Drive; THENCE along the Northeast right-of-way line of said City Point Drive and the West boundary line of the aforesaid Tract of land identified as Tract I and the Southerly portion of Tract II, as follows: 1. N 88° 42' 11" W 10.05 feet,to an"X"cut in concrete found; 2. N 00°24' 47" W 80.00 feet,to an"X" cut in concrete found at the beginning of a curve to the left; 3. NORTHWESTERLY 279.79 feet, along said curve to the left, having a radius of 942.77 feet, a central angle of 17° 00' 15", and a chord bearing N 08° 54' 54" W 278.77 feet,to the POINT OF BEGINNING containing 0.169 acre(7,366 square feet) of land. TRACT 6: BEING 0.681 acre of land situated in the WILLIAM W. WALLACE SURVEY, Abstract No. 1606,North Richland Hills, Tarrant County, Texas, and being the same tract of land identified as the"Northerly portion of Tract II", in the deed to La Verne Butterfield,L.P.,by the deed recorded in County Clerk's File No.D205028590,of the Official Public Records of Tarrant County,Texas. Said 0.681 acre of land being more particularly described by metes and bounds as follows: BEGINNING at a'/2" iron rod marked"SPOONER"found at the South corner of Lot 1,Block H, Calloway Farm Addition, to the City of North Richland Hills, Tarrant County, Texas, according to the plat recorded in County Clerk's File No. D194246388, of the Official Public Records of Tarrant County, Texas, and the West corner of the aforesaid La Verne Butterfield Tract, and said point lying in the Northeast right-of-way line of Rodger Line Drive (a 70 foot wide public right- of-way); THENCE along the Southeast boundary line of said Lot 1, Block H, and the Northwest boundary line of said La Verne Butterfield Tract,as follows: 1. N 35° 00' 51" E 100.00 feet, to a %2" iron rod with aluminum cap stamped "RPLS 4873" found; 2. N 53° 58' 52"E 143.09 feet, to a '/2" iron rod with aluminum cap stamped "RPLS 4873" found at the East corner of said Lot 1, Block H, and the North corner of the aforesaid La CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 9 of 13 Resolution No. 2019-032 Exhibit"A" Verne Butterfield Tract, and said point lying in the West boundary line of a tract of land conveyed to the City of North Richland Hills,by the deed recorded in Volume 10616,Page 1491, of the Deed Records of Tarrant County, Texas THENCE along the Southwest boundary line of said La Verne Butterfield Tract and the Northeast right-of-way line of said Rodger Line Drive, as follows: 1. NORTHWESTERLY 45.05 feet, along a curve to the right,having a radius of 265.00 feet, a central angle of 09° 44' 24", and a chord bearing N 59° 51' 29" W 44.99 feet, to a ''A" iron rod marked`Brittain&Crawford" set at the end of said curve; 2. N 54° 59' 09" W 169.48 feet, to the POINT OF BEGINNING containing 0.681 acre (29,645 square feet) of land. TRACT 7: Being 5.951 acres of land situated in the William W. Wallace Survey, Abstract No. 1606, North Richland Hills, Tarrant County, Texas, and being a portion of Lot 1, Block 2, CITY POINT ADDITION, an addition to the City of North Richland Hills,Tarrant County, Texas, according to the plat recorded in County Clerk's File No.D214125258,of the Official Public Records of Tarrant County, Texas, and being all of the tract of land identified as Tract V in the deed to La Verne Butterfield, L.P. by the deed recorded in County Clerk's File No. D205028589, of the Official Public Records Records of Tarrant County,Texas, and a portion of the tracts of land identified as Parcels One and Two, in the deed to Laverne Butterfield, L.P., recorded in County Clerk's File No. D213022633, of the Official Public Records of Tarrant County, Texas. Said 5.951 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found at the most Westerly Southwest corner of said Lot 1, Block 2, and the Northwest corner of a tract of land conveyed to Richland Hills Methodist Church, by the deed recorded in Volume 2650, Page 247, of the Deed Records of Tarrant County, Texas, and said point lying in the East boundary line of a tract of land conveyed to ONCOR Electric Delivery Company, LLC, by deed recorded in Volume 1947, Page 169 of the Deed Records of Tarrant County,Texas; THENCE along the West boundary line of said Lot 1,Block 2„ and the East boundary line of said ONCOR Electric Delivery Company Tract, as follows: 1. N 00°37'34" W, 482.31 feet to a 1/2" iron rod found; 2. 2. N 00°22'36" W 57.70 feet,to a 1/2" iron rod marked "Brittain& Crawford" set; THENCE severing said Lot 1, Block 2, as follows: 1. N 89°35'50" E 480.59 feet,to a 1/2" iron rod marked "Brittain&Crawford" set; 2. S 00°27'51"E at 122.78 feet,passing a 1/2" iron rod found at the Northwest corner of Ruth Road(a 50 foot wide public right-of-way)and continuing in all 540.00 feet,to a point lying CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 10 of 13 Resolution No. 2019-032 Exhibit"A" at the most Westerly Southeast corner of said Lot 1, Block 2, and the Northeast corner of said aforesaid tract of land conveyed to Richland Hills Methodist Church; THENCE S 89°35'50" W 479.32 feet along the South boundary line of said Lot 1, Block 2, and the North boundary line of said Richland Hills Methodist Church Tract, to the Point of Beginning containing 5.951 acres (2569,235 square feet) of land CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 11 of 13 Resolution No. 2019-032 Exhibit"A" EXHIBIT B Property Depiction CITY POINT PUBLIC IMPROVEMENT DISTRICT PETITION Resolution No. 2019-032 Page 12 of 13 R- -olution No. 2019-032 Exhibit"A" / t.r;, 4 \,,,,,,,,,,s,.... r' 11 \e _ \,., , M1j f\\ 1, , � \\r \ . . i-----J' I �, _, �\\A 11 - \ O 1 ).. e 11 J!r' 111 �,Yy,',r.�}, \`\\\ -f / \�\ tl" ri, t'7/L 1 I,rr" l \ ``\\` . .r/ 11 1 1 / �` T ♦ \ \\ r///r 1/t i lir r ,\,�` 1 �n y�JL.� I //''JJ�r�.�r ��t /»rJ Irr 7� `eYfs l( , `-- +t _ L�`y ' '— ` ifiI//r •IJII Ir �.g.��_�i j \�� ` c' —' � 1 1/ i7 /41/ - �•,7r7-'/)JI�t t ���"` rLne+Tltl:utHlir7f!,,,, „„ . .- �a�\„• -srow r/i `JC°)J/ th��v,='i411, L' 1! ( �t:l,Illtl7Yilf t;fIIriiHulit1111bitttj� �C'+. ,ri I \ !� __ �'7_Liz.till;.Lt111ulAiL'dl;I„';lt+ frl rr '' \ 11-417-ii 'I' 1\ 3 f9L i i ' ..,‘, ,,z/ --tyrE-....- fr'i�-L��,.f�_M_ p�'; 'm. f r off t'i I -r•• lmr.�.�.. ``.-��r' �� sg- ¢_.,_.:,�' _ I a ^-. t -+ .{+r��L}t'L4{1{tii' d� 1 , f 1 \ t y�r r`•r--, '� __ { i 4 C Luulltu:Uawi Ltuiiul y:�17ti v A Pc,4. — � o ; rt f -, wi,,rfi-u6iT TTTTC"i"'T✓fT'{7 i 1 Ill ,,�tt�mn(Fn- i �vc - t `t �i t I 1 PROPOSED CITY POINT DEVELOPMENT \ \ 1 '(1t .: TTr,"T1TI -r1 ^T;7r ;,,C%t.a i _ a' t {{,, t� 6^-; \ t -t �+��1� /7 f f c+. y �;:, _ #�{{it{lR^Q#t�tf' y y`' _t eBNrwa1BowmAaveBrt `t cIs ciii4 —'T�' ----,.l 7 ;--1; s _� �: „".. 4! ii �-7 C= _ y i \1 l - Z `IT.mnL'iiillin.auanum-Ll _i THIS!RAGE 19 FOR ILLUSTRATIVE PURPOSES ONLY 1-`- �i TIPI 9Sfif i(+Ifi{}S.TTSTT2 THIS IS NOT REPRESENTATIVE Of SURVEY BOUNDARY LINES. Tp ..E. ....i. »L11it111multlliuRini Wit;WLtlllllltlWlttlll lila Resolution No. 2019-032 Page 13 of 13 1 RESOLUTION NO. 2019-032 EXHIBIT "B" CITY OF NORTH RICHLAND HILLS, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of North Richland Hills, Texas ("City"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by La Verne Butterfield, L.P., a California limited partnership (the "Petitioner"), requesting that the City create the City Point Public Improvement District (the "District") to include property owned by the Petitioner. Time and Place of the Hearing. The public hearing will start at 7:00 p.m. September 9, 2019 at North Richland Hills City Council Chambers, 4301 City Point Drive, North Richland Hills, TX 76180. General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, sig nage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the district; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vi) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vii) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is not to exceed $15,000,000. Proposed District Boundaries. The District is proposed to include approximately 52.873 acres of land generally located at the Southeast corner of Boulevard 26 (Grapevine Highway) and Rodger Line Drive, located within the City and as more particularly described by a metes and bounds description available at North Richland Hills City Hall and available for public inspection. Page 1 of 2 RESOLUTION NO. 2019-032 EXHIBIT "B" Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District and possible tax reinvestment zone revenue, if created. No municipal property in the District shall be assessed. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. Page 2 of 2 EPI1_.I Office of the City Secretary CITY OF NORTH RICHLAND HILLS August 16, 2019 La Verne Butterfield LP Attn: Renee Davis 5150 Overland Ave Culver City, CA. 90230 RE: Proposed Public Improvement District Dear Renee Davis, Pursuant to Section 7 of Resolution No. 2019-032, the City is providing notice of a proposed Public Improvement District as required by law. Please see enclosed notice specific to the below site addresses. Site Address City State Zip Subdivision Lot Block 7600 BOULEVARD 26 North Richland Hills Texas 76180 William Wallace Survey 9W01A6 Abstract 1606 7600 BOULEVARD 26 North Richland Hills Texas 76180 William Wallace Survey 9W01A4 Abstract 1606 4113 CAGLE DR North Richland Hills Texas 76180 William Wallace Survey 9S4 Abstract 1606 4201 CITY POINT DR North Richland Hills Texas 76180 City Point Addition 2 1 4400 CITY POINT DR North Richland Hills Texas 76180 City Point Addition 1 3 4401 CITY POINT DR North Richland Hills Texas 76180 City Point Addition 1A 2 Please contact the City Secretary should you have any questions. Sincerely, Alicia Richardson, TRMC, CMC City Secretary 817-427-6016 Enclosure P.O. Box 820609 * North Richland Hills,Texas 76182-0609 4301 City Point Drive * (817)427-6060 * Fax(817)427-6016 CITY OF NORTH RICHLAND HILLS RESOLUTION NO. 2019-032 NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of North Richland Hills, Texas ("City"), will hold a public hearing to accept public comments and discuss the petition (the "Petition"), filed by La Verne Butterfield, L.P., a California limited partnership (the "Petitioner"), requesting that the City create the City Point Public Improvement District (the "District") to include property owned by the Petitioner. Time and Place of the Hearing. The public hearing will start at 7:00 p.m. September 9, 2019 at North Richland Hills City Council Chambers, 4301 City Point Drive, North Richland Hills, TX 76180. General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the district; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vi) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vii) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is not to exceed $15,000,000. Proposed District Boundaries. The District is proposed to include approximately 52.873 acres of land generally located at the Southeast corner of Boulevard 26 (Grapevine Highway) and Rodger Line Drive, located within the City and as more particularly described by a metes and bounds description available at North Richland Hills City Hall and available for public inspection. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District and possible tax reinvestment zone revenue, if created. No municipal property in the District shall be assessed. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. PASSED AND APPROVED on this 12th day of August, 2019. CITY OF NORTH RICHLAND HILLS By: /s/ Oscar Trevino Oscar Trevino, Mayor ATTEST: /s/Alicia Richardson Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: /s/ Maleshia B. McGinnis Maleshia B. McGinnis, City Attorney StarTelegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throcicmorton St.I Ft Worth,Tx.76102-8315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600579 0004341703 CITY OF NORTH RICHLAND HILLS RESOLUTI $278.84 1 163.00 Li Attention: Traci Henderson THE STATE OF TEXAS CITY OF NORTH RICHLAND HILLS County of Tarrant PO BOX 820609 NORTH RICHLAND HILLS, TX 761820609 Before me,a Notary Public in and for said County and State,this day personally appeared VICTORIA CITY.OF NORTII RICHLANO itl1 S RODELA, Bid and Legal Coordinator RESOLUTION NO 2019.•(t32 NOTICE OF,PLIBLIC NEAR1i`l!r for the Star-Telegram,published by REGARDING-THE CREATION:OrA I}UELIC I44PROVEMEIt9TDDISTRICT the Star-Telegram, Inc.at Fort Worth, pursuant to--Sectien,372.009(t);and (d)or the Texas Local Goverli- in Tarrant County,Texas;and who, ment Coder ,as amended (the "ACM;notice is-herflh 'Mien after being duly sworn,did depose that The city.Counell ofthe-CIO' and saythat the attached clipping of of-North Richland Hills;Texas pp g ("City');Will held a public hear-Mg'to aceePt an advertisement was published in .and discuss-the- comments ppetition "(the the above named paper on the listed Retitioif),fired-lot La'.Verne Butterfield,.L;P. _a Californian dates: limited:partnersl'iip -(the "Ri:ti- .,tianer"),'_requesting that:the City.creatra the-Cit'itPoint Pubrlc rmprovernerit.DIstrlct-(the."pis- trict") -to include proPerhr owned by the Petitioner; Time and Place of the Hearing, 2 InSertion(S) •The-public hearing swill'Start at 70)I)p h'i;September 9 30L9'at • _North Rrchlartit Milk City Council Published On: Chambers, 11301 City point •Drivo tfurtt•Richland Hills; T}{ August 15,2019,August 16,2019 • 763.80:. . . 6eneial 'itatere of :the Proposed Authorized Itimrovelttents. The '.Authorized nature or the'Proposed :public improvements (collec- .tively,the"Authorized Improve- •ments")may include.(I)street '-and readway Improvements;in- -chiding related S.idevralks,drain- age", -utility relocation, .signalization,landscaping,li9ht- in9.si nage,-off•street-.parking and sf-way:.(Ii)'estebl►sh- ment or-fmproVement of parks and open space; together with the design, construction and maintenance. of any ancillary • structures, features or amesi- y ties such as:traits,.pra'greunds, watkiays,'lightinq andyany sire aD..dg .�� ,sfilar items located therein Corp !_-its.-'" .siel2vralks,and landscaping, jn- cchiding_entry. monerments -ant (Principal Clerk) feitures,;fountains,lighting and s'+gnage• '(i) .14euisitiorL Con,, structlon,:and linprovenient of SUBSCRIBED AND SWORN TO water,.trastewatot and drainage irmproeeiridnts and_faciritres,(v} BEFORE ME,THIS 11th day of .projects..sfmilar-to-those Ilste in subsections (i) - (iv) above November in the year of 2019 autitorig ed by the.Act,ihcluding slwnllar off-4 M pprei,cte thg •provide.a-benefit-to'the proper- t+.Within the DI tract;(vi)Sper- coal Suplrtememtal -Sep/lees for improvement and palmation of i the distridt (vn) payrnent.of I i c05t�. asscci'�tarl Iiiith,.eiieratiri , _�,r,'i%t'�.>/Iil ;and Maintaining the,public im- provements usteti in subpara- Notary •i.blic- graphs(l) (vl)above;and(vlii) . payment of costs associated! with deti,eki in area rmaiici ng STEFANI SCOTT BEARD I the public in provernant IISC d a¢�tPv ; -in :subparagraphs-(i) (vti): �Ir :*: ID#131788951 I above :arid costs of,_estabiish� *• y\ : - (�a Ing,admiieisttsring aitd mlier.attng "= October 2022 ,) the District- .These-Authorized l; ! ei ,-- lit�aprovements ' shall promote a --` - ~ e- the interests of the City and Extra charge for lost or duplicate affidavits. confer a special:benefit upon Legal document please do not destroy! the'Property, Estimated Cost or the Authorized Improvements, The estimated' cost to design, acquire and con- struct the Authorized Improve- . ments,together with bond issu- ance costs,eligible legal and fi- nancial fees, eligible credit en- hancement costs and 'eligible costs Incurred In establishment administration and operation or the District is not to exceed $15,008 000. Proposed district Boundaries. The District is proposed to include approximately 52,873 acres. of land generally located at the Southeast corner of Boulevard 26 (Grapevine Highway) and Rodger Line Drive,located with- in the City and as more particu- larly described by a mates and bounds description available at North Richland Hills City Hall and available for public inspec- tion. Proposed Method of Assessment. The City shall levy assessments en each parcel within_the Dis- trict in a manner that results in. imposing equal shares of the costs on property similarly benefited. All assessments may be'paid'in full at any time (including interest and princi- pal), :and certain assessments may be paid in annual install- ments (including 'interest and principal). If an assessment Is allowed to be paid in install- ments, ^ then the installment's roust e paid In amounts neces- sary to meet annual costs for those AuUtorised Improvements financed by the assessment, and'must continue for-a period necessary to retire the indebt- -edness of those Authorizers Im- provements(including interest). Protesed Apportionment of Cost between the District and the, City. The City will not be obli- gated to provide any funds to fir Hance the Authorized hriprove- ments, except for assessments, levied an real -property within the District and possible tax re- Investment zone revenue,If cre- ated. No municipal pro-party in the District shall be assessed; All of the costs of the Author- ized Improvements will be paid from assessments and from other sources of funds, If any available to the Petitioner. During the public hearing,any in- terostect person may speak for or against the establishment of the,Distrir:t and the advisability of the improvements to Ili:- made for the benefit of tics property within the District, PASSED AND APPROVED on this 12th day of August,201P. CITY OF NORTH RICHLAND HILLS By:/s/Oscar TreVino Oscar Trevino,Mayor ATTEST:Is/Alicia Richardson_ _ Alicia Richardson City Secretary APPROVED.ASTO FORM AND L GALITY: /s/ Maleshia B. McGinnis Maleshla 13. ,c rnnts, City Attor- ney