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HomeMy WebLinkAboutResolution 2001-071 SALES AND BEVERAGE TAX REBATE GRANT RESOLUTION NO. 2001-071 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN NORTH HILLS CREEK MALL, L.P. AND THE CITY OF NORTH RICHLAND HILLS, TEXAS FOR A REBATE OF SALES AND BEVERAGE TAXES ON 80% OF THE RETAIL SALES AND BEVERAGE TAX RECEIPTS GENERATED DURING THE TERM OF THIS AGREEMENT WHEREAS, North Hills Creek Mall, L.P. has requested economic development incentives from the City of North Richland Hills for a 200,000 square foot expansion to be located at North Hills Mall at Grapevine Highway and one-half block south of Loop 820 in the City of North Richland Hills; and WHEREAS, Local Government Code Chapter 380 allows local governments to establish programs to promote economic development and stimulate business activity; and WHEREAS, The ultimate goal and public purpose of economic development agreements and programs is to attract new employers, jobs, and investments into the City, strengthen the City's tax base, and enhance the City's ability to provide municipal services to citizens; and WHEREAS, The City's ability to provide the necessary public services is directly related to its ability to derive revenue from economic activity; and WHEREAS, A significant share of the operating revenue of the City is derived from sales tax revenue from retail economic activity; and WHEREAS, The proposed expansion project is projected to increase sales tax revenues derived from existing area businesses as well as to generate new sales tax revenues from new businesses; and WHEREAS, Competition is intense among regional malls and the proposed expansion project will enhance the City's ability to attract shoppers from throughout the region, and will thus make a unique contribution to the City of North Richland Hills and the City's economy; and WHEREAS, The City finds that the Expansion Project is feasible, would be a benefit to the City, would contribute to the retention and expansion of primary employment in the City, and would increase ad valorem tax revenues and sales tax revenues in the City, and WHEREAS, Based on these findings, City proposes to execute an Economic Development Agreement allowing North Hills Creek Mall, L.P. a grant equivalent to 80% of the retail sales and beverage tax receipts generated during the term of this agreement; and WHEREAS, City finds that the Economic Development Agreement will directly accomplish a public purpose, and that the proposed transactions 1 involving the use of public funds and resources contain sufficient controls to protect the public interest; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: I. That all of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its official record. II. That the City Manager or his designee is authorized to execute an Economic Development Agreement with North Hills Creek Mall, L.P., and other necessary or required parties, authorized by V.T.C.A. Local Government Code, Chapter 380. III. In authorizing the execution of and in executing the referenced agreement, the City of North Richland Hills, Texas, through its City Council and City officials, hereby exercises a governmental function in accordance but not limited to Section 101.0215 of the Texas Civil Practices and Remedies Code. IV. A substantial copy of the agreement is attached hereto and incorporated herein for all intense and purposes. PRESENTED AND PASSED on this the 10th day of December, 2001, at a regular meeting of the City Council of North Richland Hills, Texas. , ..,<.\~ .,,\ ATÏEST: rr' .:$Jl PatrJcia HutsQn, C1tY:Secretary APPROVED AS TO FORM: Rex McEntire, City Attorney 2 (C(Q) pJ1f This Economic Development Agreement ("Agreement") is made by and among the CITY OF NORTH RICH LAND HILLS, TEXAS, a home rule municipality, (the "City"), and NORTH HILLS CREEK MALL, L.P., a Texas limited partnership, ("Owner"), acting by and through its respective authorized officers and representatives: RECITALS: WHEREAS, North Hills Creek Mall, L.P, owns a portion of the land and improvements comprising a retail mall on an approximately 87.1214 acre tract of land located along State Highway 26 ("Grapevine Highway"), one-half block south of Loop 820 in North Richland Hills, Texas; and WHEREAS, North Hills Creek Mall, L.P. has requested economic development incentives in order to construct approximately 200,000 square feet or more of additional entertainment and retail space and related parking ("Mall Expansion") to improve and expand the economic performance of the mall; and WHEREAS, The improvements are necessary for the development and construction of the Mall Expansion and will promote economic development, stimulate business and commerce, create additional employment opportunities and generate tax revenue; and WHEREAS, North Hills Creek Mall, L.P. has advised City that a contributing factor that would induce Owner to develop the Mall Expansion would be an agreement by City to provide an economic development grant to Owner to defray a portion of the costs to be incurred by owner as a consequence of developing and constructing the Mall Expansion; and WHEREAS, City is authorized by Article III, Section 52-a of the Texas Constitution and Section 380,001 of the Texas Local Government Code to establish economic development programs and to provide grants; and WHEREAS, City has determined that providing economic development incentives will further the public purposes and economic development goals of the City; NOW THEREFORE, in consideration of the foregoing and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the City and Owner agree as follows: I. Incorporation of Recitals The recitals above are hereby incorporated into and made a part of this Agreement. ,. ,/ [) fcl{16(61 .' ' f'( Ò ~er ~Sb\u..-:hbVì àM,\·ð11 1 $ City Secretary Office ~ Official Record Copy II. Definitions "Anchor Occupant" - means an Occupant of the Project meeting all of the following conditions: (a) such Occupant is in occupancy of the Project and is operating within the Project a retail store of the Requisite Quality containing at least 25,000 leasable square feet; and (b) such Occupant either owns fee simple title to the site of its store or occupies the Project pursuant to a lease with an initial term of at least (8) years and with a renewal option to extend the term of such lease for an additional term of at least seven (7) years. "Annual Period" - means a calendar year. "Annual Sales Requirement" - means Retail Sales resulting in sales and beverage tax receipts in excess of $900,000, it being understood and agreed that sales and beverage tax receipts of $900,000 or less shall be retained by the City in their entirety and shall not be eligible for rebate of any kind whatsoever under this Agreement. "Beverage Tax Receipts" - means alcoholic beverage taxes actually received by the City pursuant to Chapter 183 of the Texas Tax Code which were generated from the sale of alcoholic beverages within the Mall Expansion. "Completion" - the date upon which certificates of occupancy have been issued for all portions and all phases of Mall Expansion. "Existing Mall" - means real property improvements located on the premises on the effective date of this Agreement. "First Annual Period" - means that first full calendar year beginning January 1 following completion and ending on December 31 of such year. "Ineligible Uses" - means the operation of any of the following businesses: (a) any type of discount store; (b) a grocery store or supermarket; (c) a resale or consignment store; (d) a home improvement store; (e) any store containing an outdoor storage or sales area of any kind (unless the written consent of the City Manager is obtained with respect thereto); or (f) any sexually oriented business. By incorporating the concept of Ineligible Uses into this Agreement, the parties do not intend to prohibit the Owner from using the Mall Expansion for any Ineligible Use (it being agreed that zoning and other applicable laws shall be determinative of whether a particular use of the Project is prohibited); rather, the parties intend that if the Project is used for any Ineligible Use, Owner will not be entitled to a rebate of sales, use or beverage taxes attributable to the Ineligible Use under this Agreement, as more specifically set forth hereinafter. "Mall Expansion" - means approximately 200,000 square feet or more of additional restaurant, entertainment and retail space and related parking, including a 3-acre lake with a central fountain, 16 screen theatre, and ice rink. "Occupant" - means an occupant of the Project that is operating a store within the shopping mall included in the Project and either (a) owns fee simple title to the site of its store, or (b) operates its store pursuant to a written lease agreement with Owner. "Premises" - means land and improvements owned by North Hills Creek Mall, L.P. comprising a retail mall on an approximately 87.1214 acre tract of land located along State Highway 26 (Grapevine Highway), one-half block south of 2 ~ City Secretary Office ~ Official Record Copy Loop 820 in North Richland Hills, Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes. "Requisite Quality" - as used herein to describe a retail store means a retail store of a quality not less than the general quality of the stores located in Grapevine Mills Mall, 3000 Grapevine Mills Parkway, Grapevine, Texas, "Retail Sales" - means those sales made in either the Mall Expansion or Existing Mall which are subject to the State of Texas Sales and Use Tax collected and remitted to the Comptroller of Public Accounts of the State of Texas ("State Comptroller") by the tenants of the Mall Expansion or Existing Mall and/or Owner. If Owner allows a store in the Existing Mall or any location in the City of North Richland Hills to move to the Mall Expansion ("Vacating Store"), sales produced by the Vacating Store in the Mall Expansion will not be included in the calculation of Retail Sales until the following occurs: within 6 months of the date the Vacating Store conducts business in the Mall Expansion, the Vacated Store must be sold or leased to a store ("New Store") that produces on a per square foot basis an amount of sales within 10% of the Retail Sales produced by the Vacating Store in the quarter immediately preceding vacating the space, Owner must certify in accordance with Article VII of this Agreement that this 10% requirement has been met for sales produced by the Vacating Store in the Mall Expansion to continue to be included (beyond six months) in the calculation of Retail Sales for purposes of determining grant amounts in accordance with this Agreement. "Sales Tax" - means the local sales and use tax imposed by the City resulting directly from Retail Sales on the Premises. "Sales Tax Grant" - means the Sales Tax Grant described in Article VII. Of this Economic Development Agreement, and sometimes referred to as "Grant." III. Term The term of this Agreement shall commence on January 1,2002, and end on December 31,2016, subject to earlier termination as provided in this Agreement. In no event shall the Sales Tax Rebate Period extend beyond December 31,2016. IV. The Mall Expansion Owner agrees without cost to the City to design, construct, operate and manage or cause to be designed, constructed, operated and managed the Mall Expansion on the Premises and other ancillary facilities such as reasonably required parking and landscaping more fully described in submittals filed by Owner with the City from time to time in order to obtain a building permit. The approximate location of the Mall Expansion will be shown on a Site Plan of the Premises to be submitted to the City. Conceptual renderings of the Mall Expansion are attached hereto as Exhibit "B" and made a part hereof for all purposes. 3 $City Secretary Office ~ Official Record Copy V. Owner Requirements In consideration of the City entering into this Agreement providing for the payment of funds constituting a grant to Owner under the terms and conditions set forth herein, Owner agrees: A. Subject to events of force majeure, to accomplish the completion of the Mall Expansion no later than January 1, 2004, or in accordance with any extension that may be granted in the sole discretion of the City, which extension shall not be unreasonably withheld; B. Owner, its agents and representatives shall not pursue real property value reduction below the 2001 tax year value of the Premises from the Tarrant Appraisal District. C. To provide certification of an average annual occupancy rate of 75% based on gross leasable square footage of the Mall Expansion, which occupancy rate must be maintained after Completion ("Occpancy Requirement"). D. The project is occupied by Occupants operating retail stores of the Requisite Quality which are either businesses operating in the Existing Mall as of the date of this Agreement or New Businesses. E. The ice-skating rink in the Mall Expansion is open and doing business. F. Eligible Anchor Occupants occupying, in the aggregate, at least 175,000 square feet of gross leasable area of the Mall Expansion have stores within the shopping mall that are open and doing business. G. To operate the Premises as a first class regional mall so that the area included in the Existing Mall produces Retail Sales during each Annual Period, beginning with the First Annual Period, in the minumum amount of the Annual Sales Requirement. H. That in the event Owner fails to comply with subsection (a) or (b) of this Section V., this Agreement shall terminate and be of no further effect and the City shall not be obligated to make any Grant Payments hereunder or to comply with any other obligations created herein, In the event Owner fails to comply with subsections (c) or (g) of this Section V. in any Annual Period, after the First Annual Period, it shall not be entitled to any Grant Payments for the Annual Period of noncompliance. VI. Damage to Mall Expansion Of during the term of this Agreement, the Mall Expansion is wholly or partially destroyed or damaged by fire, or any other casualty whatsoever, Owner shall repair, replace, restore and reconstruct the Mall Expansion in a good and workmanlike manner. Prior to the commencement of such restoration, the conceptual plans and specifications for the restoration must be approved by City (such approval not to be unreasonably withheld or delayed). 4 $ City Secreta ry Office ~ Official Record Copy VII. Grant Amount, Payment Terms and Conditions A. Grant Amount. Subject to compliance with all terms and provisions of this Agreement, the Owner shall be entitled to receive and the City shall provide Owner with a Grant from lawfully available funds equal to 80% of all Retail Sales Tax and 80% of all Beverage Tax Receipts collected by the City from the State Comptroller resulting from Retail Sales and Beverage Tax Receipts in the Mall Expansion only, during the term specified in Article XI. herein. B. Installments. On or before March 1 of each year, Owner shall provide to the City a tax summary setting forth the Retail Sales Tax and Beverage Tax Receipts for the immediately preceding calendar year, All grant payments by the City to Owner during any Annual Period, other than the Grant payment for the fourth Quarterly period, are to be made following receipt by the City of the Retail Sales and Beverage Tax payments from the State Comptroller for the applicable Quarterly Period or Quarterly Periods and within thirty (30) days of receipt by the City from Owner of a summary; of the data received by Owner from the State Comptroller detailing the Sales and Beverage Tax reported and paid as a result of the Retail Sales Tax. Owner's summary of data shall be certified as required in Article X. The Grant Payment for the fourth quarter of an Annual period shall be made in accordance with Article X., subsection (b) of retail sales and beverage tax receipts at intervals other than quarterly, this section and Article X shall be read to apply to the last interval of an Annual Period for which the State Comptroller pays the retail sales and beverage tax receipts relating to such interval. C. Failure to Meet Annual Requirements. Owner, beginning with the First Annual Period, shall comply with the Annual Sales and Occupancy Requirement as set forth herein in order to qualify for any Grant payments, If Owner fails to comply with the Annual Sales or Occupancy Requirement during the First Annual Period or any subsequent Annual Period, then Owner shall not be entitled to receive or retain any Grant payments for the Annual Period(s) during which such noncompliance occurs. D. Repayment to City. If Owner fails to meet the Annual Sales or Occupancy Requirement during any Annual Period, Owner shall be obligated to repay to the City any Grant payments it previously received for retail sales and beverage tax receipts attributable to such non- qualifying Annual period. Such refund or repayment shall be made within thirty (30) days of written request from the City. E. Credit Aqainst Grant Payments. If Owner fails to comply with the repayment requirements of D. above, then any future Grant payments to which Owner shall be entitled shall be held by the City and applied as credits to the sum due and owing to the City. Failure of Owner to meet either the Annual Sales or Occupancy Requirement during any Annual Period shall not prevent it from being qualified to receive Grant Payments in the following Annual Period. However, Owner shall not be entitled to be 5 paid such subsequent Grant Payments unless and until all such prior Grant payments to which Owner was not entitled are fully reimbursed VIII Grant Limitations A. Under no circumstances shall the Grant payment calculations include any receipts from City's imposition and collection of retail sales and beverage tax receipts for taxable items at any other location, business, establishment, or entity, other than the Mall expansion. B. City shall have the right to withhold payment of any rebate in respect of one or more tenants that the City may dispute until the City is provided with such additional information as the City shall reasonably require. C. If the City is unable to confirm the amount of retail sales and beverage tax receipts generated from the business of an Occupant, then such Occupant shall be deemed to have generated no sales and use taxes for purposes of calculating the rebate of Retail Sales in the Mall Expansion. D. City's obligation to provide the Grant shall be limited to the extent of lawfully available funds from City's collection of sales tax receipts from the Mall Expansion. Under no circumstances shall City be obligated to provide the Grant unless adequate sales tax receipts from the Mall Expansion are available. E. The parties specifically agree that the foregoing grant shall not apply to, and nothing contained in this Agreement shall effect the obligation of Owner to pay, sales, use or other taxes payable to the Crime Control District or the Park Development Corporation. IX. Ineligible Uses In the event that (a) any of the Conditions for Eligibility are not fulfilled at any time during the term of this Agreement or (b) the Mall Expansion or Existing Mall is used for an Ineligible Use, then Owner will not be entitled to a rebate of sales, use or beverage taxes attributable to the Ineligible Use under this Agreement. X. Annual Qualification Procedures A. On or before March 1 of each year, Owner shall provide to the City a tax summary and such additional information as may be reasonably requested by the City, setting forth the Retail Sales Tax for the immediately preceding calendar year, establishing its compliance with the Annual Sales Requirement and verifying Retail Sales and occupancy during the preceding Annual Period. All such reports and information shall be certified by an authorized officer or agent of Owner to be true and correct to the best knowledge of Owner. B. City shall pay the installment for the fourth Quarter of any Annual Period as referenced in Article VII. Section B., not later than thirty (30) days after 6 $..' ! City Secretary Office ~ Official Record Copy the submission by Owner of the reports of the supporting data and additional information described in A. above. C. Upon reasonable prior notice, the City shall have the right to inspect and audit all supporting data, information and materials received by Owner from the State Comptroller, as well as the books and records of Owner pertaining to any financial or other matters addressed in this Agreement. XI. Term of Grant The obligation of the City to pay the Grant payments to Owner under the terms of this Agreement shall begin in the first full Annual Period following Completion and shall end upon payment by the City to Owner of the final Grant Payment based on sales taxes collected by the City from the State Comptroller relating to retail sales and beverage tax receipts in the Mall Expansion during the fifteenth Annual Period, subject to earlier termination under the terms hereof. Subject to its prior compliance with all the terms and provisions of this Agreement, all obligations of Owner hereunder shall also end on the termination date described in this Section. XII. Maximum Incentive Notwithstanding anything contained herein to the contrary, in no event shall the sum of (a) the cumulative amount of tax abatements granted by the City (b) the cumulative amount of grants of retail sales and beverage tax receipts made by the City under this Agreement, exceed the sum of Thirty Three Million Dollars ($33,000,000). Accordingly, notwithstanding any other provision of this Agreement, if the sum of the amounts described in clauses (a) and (b) of the preceding sentence reaches Thirty Three Million Dollars ($33,000,000) prior to the expiration of the terms of this agreement, then as of such date Owner shall not be entitled to any further grants or other incentives from the City. XIII. Default In the event, Owner breaches any of the terms and conditions of this Agreement, then Owner shall be in default under this Agreement. In the event of such default, the City shall give Owner written notice of such default, and if Owner has not cured such default within ninety (90) days of said written notice, this Agreement may be terminated by the City, in which event Owner shall no longer have the benefit of any abatement or grants set forth herein effective as of the date of such termination. Notice shall be given with Section 26 hereof. XIV. Force Majeure It is expressly understood and agreed by the parties to this Agreement that the parties shall not be found in default under this Agreement if 7 B. l City Secretary Office ~ Official Record Copy any party's failure to meet the requirements of this Agreement is delayed due to force majeure, which terms shall include strikes, riots, acts of God, shortages of labor or materials, war, governmental approvals, laws, regulations or restrictions, or any other cause of any kind whatsoever which is beyond the reasonable control of the party. XV. Assignment Only upon prior written notice to City, Owner, its legal representatives or successors in interest may, by operation of law or otherwise, assign, mortgage, pledge, encumber otherwise transfer this Agreement or any part thereof, or any interest of Owner or under this Agreement. Any document assigning this Agreement must be acceptable in form and content to the North Richland Hills City Attorney. XVI. Total Taking If all of the Mall Expansion and Premises is taken under power of eminent domain (which term as used in this Agreement shall include any conveyance in avoidance or settlement of condemnation or eminent domain proceedings) or other similar proceeding, then this Agreement shall terminate as of the date of taking of possession by the condemning authority; provided however, Owner shall be compensated by the condemning authority for the fair market value of this Agreement. XVII. Partial Taking City and Owner agree that if less than all or substantially all of the Mall Expansion and Premises is taken under power of eminent domain or other similar proceeding, then this Agreement shall nevertheless continue in effect as to the remainder of the Mall Expansion and Premises; provided, however, that if City and Owner both agree within thirty (30) days following the taking that so much of the Mall Expansion and Premises has been taken or condemned as to make it economically unsound to attempt to use the remainder thereof for the conduct of owner's business thereon, then this Agreement shall terminate upon possession of such portion of the Premises by the condemning authority; provided however, Owner shall be compensated by the condemning authority for the fair market value of this Agreement. In the event of a partial taking of a portion of the Existing Mall which does not result in a termination of this Agreement, the Annual Sales Requirement shall be reduced in a proportion equal to the proportion by which the gross leasable area of the Existing Mall has been reduced as a result of such partial taking." XVIII. Termination This Agreement terminates upon the following: 8 ~ City Secretary Office ~ Official Record Copy A. By written mutual agreement of the parties; B. By City, if Owner defaults or breaches any of the terms or conditions of this Agreement and such default or breach is not cured within ninety (90) days after written notice thereof by City or cured within a reasonable time when Owner is diligently pursuing the cure of a default that cannot reasonably be cured within ninety (90) days after written notice thereof by the City; C. By City if subject to force majeure, Owner fails to operate and maintain the Mall Expansion or fails to cause the Mall Expansion to be operated and maintained as a retail shopping center; D. By City, if, after the first date a certificate of occupancy is issued for the Mall Expansion, Owner fails to use and operate the Mall Expansion as a first class retail shopping center open to the public and such failure continues for more than two (2) months in any twenty-four (24) month period (except in connection with, and to the extent of any event of force majeure). XIX. Representations of Owner The Owner hereby represents and warrants that Owner has full power to execute and deliver and perform the terms, duties, and obligations of this Agreement and all of the foregoing has been duly and validly authorized by all necessary proceeding. This Agreement constitutes the legal, valid and binding obligations of Owner, enforceable in accordance with its terms. XX. Representations of City The City hereby represents and warrants that it has full constitutional and lawful right, power and authority, under current applicable law, to execute and deliver and perform the duties and obligations of this Agreement and all of the foregoing have been or will be duly and validly authorized and approved by all necessary proceedings, findings and actions. Accordingly, this Agreement constitutes the legal, valid and binding obligation of the City, enforceable in accordance with its terms. XXI. Binding Agreement The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto, XXII. Limitation on Liability It is understood and agreed by the parties that Owner, in the development of the Mall Expansion and satisfying the conditions of this Agreement, is acting independently and the City assume no responsibilities or liabilities to third parties in connection with these actions. Owner agrees to indemnify and hold harmless 9 @ City Secretary Office ~ Official Record Copy the City from all such claims, suits, and causes of actions, liabilities and expenses, including reasonable attorney's fees, of any nature whatsoever arising out of Owner's obligations (but not the obligations of the other party) under this Agreement, except to the extent caused by the acts or omissions of the City, or its respective agents, employees, contractors, representatives and licensees. xx III. No Joint Venture It is acknowledged and agreed by the parties that the terms hereof are not intended to and shall not be deemed to create any partnership or joint venture among the parties. The City, past, present and future officers, elected officials, employees and agents of the City do not assume any responsibilities or liabilities to any third party in connection with the development of the Mall Expansion or the design, construction or operation of the Mall Expansion. XXIV. Access to Mall Expansion Owner further agrees that the City and its agents and employees shall have a right to reasonable access to the Mall Expansion, upon reasonable advance written notice and subject to any security requirements, if any, to inspect the Mall Expansion in order to insure that the construction of the Mall Expansion is in accordance with this Agreement and all applicable Federal, State and local laws and regulations. XXV. Authorization Owner represents that it has full capacity and authority to grant all rights and assume all obligations that it has granted and assumed under this Agreement. XXVI. Notice Any notice required or permitted to be delivered hereunder shall be deemed received three (3) business days thereafter sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered. If intended for the City: Attn: City Manager City of North Richland Hills 7301 Northeast Loop 820 North Richland Hills, Texas 76180 (817) 427-6007 (817) 427-6016 FAX 10 ~ City Secretary Office \~) Official Record Copy ?J ,'"':1/ ,þ.....' .~ ";-.' ...... .' ",'/ I~"~ ~ -/",- ~.~..- -,i " ." ;: ~ l~( j V !I ~, ÆC:: ; I ~ J~, I ~ ~> ., ~, ~~ '~ v ~ 1-;: ¡ c:: L.; U~I! ~r~ ~ H - = ~~g ~ I ~ 1;~I:rTiTTTl rtW-I-1 L mH:'-:,j· - \$'~ ·'1 ~ ~jl = I~ i . I ~ I - I I ~':"" ;';:'Ù I ~ I ! or . \ ~,~ . r----:-i ~ c-~ ! ~ 2 I I I ~ 'it - I ~ , = r-:--\ ~ \ : ~, \ !; f--;, ---:::----! f--------- I ': r~ 'I: I ~ , < iTl ':: L:..J ~ I~ I I :: : ~ ª~!~ I 'J I ~' I ~ I:! - I tc -~ ii 1- .' ¡~~-----.3_. '1/ -:,2 ,1..·..C -. ,,:,' -- ~;:::t~ ~_.- - ~ I ~~ ~~ ;.:...t ¡ ; ~ I ~ 'I '0 ~ =¡~i¡¡.!J~1 ! j,~\_ . 1 J; ~::. /V \ \_.:\ Woo I :. ,://\ ¿.., - \ / . 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'- ~. , cd, ! 1--- 4"',/' I , ,-. < ~ - '-...., //'" / > // =. / '( / ~..: /Ý , / '« _//",,/ *' ;1: it Ii I: i! " i! 'I ..__J.. . Ii 1- ~ i I ~i r---=-:-¡ i ~ Ii r ! , i ì I I / '~ - .- - - .- - - ~ ," ~ , "'-, ~ " ~ ----- ,I I, .., I :;:"~~I ; .,~ ~~ !~\, -=- W 1 $\ '\. ___ --::: "\<.:r\./Ä" 7: ·'V1.~ ~'\.,"'- I --l.,( . , ,~ ~ ¡ L ,-- ---- - .-~¿:;I.__.._. -~,.- __~h-~·_-t·_u_u_.._u_. _u_.._u .._.;:.~:.._.. U ~I' ¡:-¡' i Ii I I " 1- ,¡--~ 1..- . .c_~.," ,]. ~ :::. '> ~ ~ = ~ , . 1 ~ 1- I ~tj I \:J,~ ~ ~ ~ I .1. \ I -ìfl I. I~~ ~~~~:'-'T"'~-:-'l-~< \~).- .$ . " r......1 - --- '" ~ ~ _._.._.._.._u_..___ ~i , I I , L.! ~ I I I I ' TH : J . I . ! -:> ~- - -- - - , ~~ -_.~~-- I ....~ I!' -'I' " j ;¡ ¡i " ii -------'---- ~ ,-.1 D -r . - ,1. - ._.~.~~!_..- .- ~I ::IIl ~ = I I ~ ~ I r---¡y, ''1 ~- I.: i I: ~ ¡-------", EXHIE IT A PROPERTY DESCRIPTION Tract 1 (25.2367 acres): Being a tract ofland out of the \V.W. W.--U.L-\CE SFRVEY, .-\BSTR.-\CT ~O 160b, ar,d je~ng out of the CallowJ.Y Farm Addition, yd Filing, an .-\ddition to the Cir:.¡ of);orth RichLmd Hills. T~:clS filed In Volume 383-126, Page 39-89.-\, Tarrant County Plat Records and be:in~ more pJ.:-:ic'lbrl:. described as fa !lo\,\¡s: COM:\1E:-¡CNG at a point. said point be:ing the: intersection point 0 fthe southe:.lst .:or:;e:- ..;:' :he .32.:,: tDct recorde:d in Volume 383-126. P:.lge 30, Tarrant County P:at Rec~rd.3. T .lI7:.lnt COL::-:::. T è':.l.:'. and the east right-,)f-\\J.Y [me of Cagle Stre::::t (50 toot right-of-\va:.I: THE);CE S 39 deg. -\.3 min 21) sec W. J. distanœ \)f 10.01) tét to the POGT OF 8 EC:;[\-.';1"-,(1. THE);CE S 89 de:~. -\.3 miD. 20 sec W, a distanœ of 31).00 ¡-eet to acome::-: THE);CE N 00 deg. 16 miD, 35 sec. \"1/. a distJ.Eee 0 f 30.01) te::::t to the: POlnt ,) f cur"\"an.lre 0:- .lcur'e to the left hJ.ving J. delta of.1O de~. (jl) miE. 00 sec., a :-adius of912. --: feet and a ch\m] ·Jf'( 21) Je:; 16 min. 35 see, W, 62-\..3- fe:::::C THE:-¡CE along said cur.e. an arc distance of637,23 te::::t to the pOlnt of compound C'lr'J.ëJ.re ot-;} curie to the left having a delta of 30 deg. 26 min. 55 sec., a ra¿ius of ·+9651) ¡e::::t_ J.r1d ;} .:hord of~- 55 deg. 30 min. 02 sec. \V, 260.76 feet; THE:-¡CE along said curye. an arc distJ.nce of 263.85 fe::::t to the point of compound cunaG.lre of J. cune to the left hJ.ving a ddtJ. of90 deg. 00 min. 00 sec, a radius of 20,00 teet. and a chord ofS 6-1. deg. 16 min. 30 sec. \\", 28,23 fe~t: THE:-"-CE along said curve, an arc distanc:::: of 3 I.-\.2 feet to the pÙlnt 'Jf tange:1ey of s:liJc'l,.e: THE:-"-CE:-"- 70 deg. -\.3 min. 30 sec W, a distanc:::: of 32,00 feet to J. comer; THE0iCE ~ 19 deg. 16 min. 30 sec. E, a distance of 167,35 teet to a comer; THE~'¡CE 0i 70 deg. -\.3 min. 30 sec. W, a distance of 295.7-\. feet to a comer; \ THE0iCE S 19 deg 16 min. 30 sec. \\1, a distance of 265.00 feet to a comer: Exhibit A, Page 1 , z . . THENCE N 25 deg. 43 min. 30 sec. W, a distance: of -1-.11 feet to J. comer; THENCE N 70 deg. 43 min. 30 sec. W, a distanc~ of218'.02 feet to a comer; THENCE S 64 deg. 16 min. 30 see, W, a distance: of35.78 feet to J. comer; THENCE S 19 deg. 16 min. 30 sec. V'./, a distanc~ of 366.56 feet to a comer; THE)iCE S 6-1- deg. 11 min. 31 sec. W, a distance of74.93 feet to a comer; THENCE S 19 des. 11 min. 31 sec. W, a distance of 3-1-.00 feet to a comer; THENCE S 6-1- deg. 11 min. 31 sec. \V, a distar-ce of 30i)0 feet to 3. comer: THENCE S 24 des 15 min. 49 sec. W, a distance of62.90 tét to a comer: THENCE S 00 deg. 16 min. -1-1) 5èC, E. a distance ,Jf32.00 tét to a comer: THENCE N 39 deg. -1-3 min. 20 5e'.:. E, a distar.ce of 6...l...l.:3I) r'çet to a comer: THENCE S 00 deg. 19 min. 45 sec. E. a distar-ce of 2500 t'çet to a comer: THENCE S 89 deg. -1-3 min. 20 sec. W. a disr:.mce of 1138 -1 feet to a come,: THENCE S 00 deg, 19 min. -1-5 sec. E. adist:lnce of816.'-1- ['çet to aCOmèf: THE~CE S 39 deg. -1-3 min. 20 sec. \V, a distance of 50.00 t'çet to :l comer: THENCE N 00 deg. 19 min. -1-5 sec. W, a dist:lnce of316.74 feet to a comer; THENCE S 39 deg. 43 min. 20 sec. \V, a dist.mce of 175.94 t'çet to the point of CUf'/ature of a curve to the right having a delta of 38 deg, 27 min. 53 see" a radius of 300,00 t'çet, and a chore: ofN ï 1 deg. 02 min -1-1 sec. \V, 19'7.65 feet; THENCE along said curve. an arc distance of 20 1Al feet to a point on said curie; THP'iCE N 00 deg. 19 min. -1-5 sec. \V, a dist:mce of 32,25 feet to the point of cun'ature of:l non- tangent curve to the right having a delta of -1-' de'2:. 13 min. 26 see.. a radius of 275.50 feet, and a - - - - chord ofN 2-1- deg. 01 min. 08 sec., \V, 220.70 feet; THENCE along said cun'e, an arc distance of227.07 feet to the point of tangency of said curv'e; ~ Exhibit A, Page :! $.' . ! City Secretary Office ~ Official Record Copy , ~ Z' THE~CE ~ 39 deg. 35 min. 35 sec. E, a distance of260.07 tèet to the point of curvature of a curve to the right having a delta of 19 deg, 35 min. 56 sec., a radius of 50.00 feet and a chord ofS 30 deg. 36 min. 27 sec. E, 17.02 feet; THP''¡CE along said curve, an arc distance of 17,10 tèet to the point of tangency of said curve; THE:"'¡CE S 70 deg. 43 min. 29 sec. E, a distance of 3.53 feet to 3. comer; THE~CE S 00 deg. 24 min. 25 see, E, a distance of 69.34 tèet to a comer; THE~CE S 60 deg. 24 min. 25 sec. E, a distance of 31,75 feet to a comer; THE:-':CE S 00 deg. 24 min. 25 sec. E, a distance of 1-.59 feet to 3. come,: THE~CE )i 59 deg. 35 min, 35 sec. E, a distmc: of 31. 75 feet to 3. comèr: THE'\CE S :)0 de:; 24 min, 25 se';: E. a distance 0 f 9.59 teet to 1 COITlè,: THE:-';CE ~ 59 de:;. 35 min. 35 sec. E. 3. dist:.mce of 31. -5 feet to 1 coner: THP,¡CE S 00 deg. 24 min, 25 Sèe E. a distance of 14.99 feet [0 J. come,: THE:-';CE S 60 (kg. 24 miD, 25 sec. E. a distance of 59.:31 fed [0 J. comè,: THE'\CE )i 59 deg, 35 min. 35 se'c. E. a distance of 52.05 feet to J. comer: THE:-';CE S 70 deg -18 min. 29 Sèe. E, a distance of 73. ï- feet to a comer; THE:-';CE ~ 19 dèg, 11 min. 31 sec. E, a distance of 416.75 tèet to a comer: THE~CE Ì'Í 23 deg. 02 min. 2 L sec. E, a distance of 46.1 0 feet to a coma; THE~CE ~ 19 deg. 11 min. 31 sec. E, a distance of 6-.34 feet to J. comer; THE:-';CE S 79 deg. 1 L min. 31 see, W, a distance 0£31.75 feet to J. comer: THE:-';CE )i 40 deg. 48 min. 29 see, vV', a distance of 6.3.51 feet to a comer; THE:-'¡CE N 19 deg. 11 min. 31 sec. E, a distance of 22.92 feet to a comer; THENCE S 79 deg. 11 min. 31 sec. W, a distance of 63.51 feet to a comer; ~ THENCE S 19 deg. 11 min. 3 L sec. W, a distance of 33,3 L feet to J. comer; Exhibit A, Page 3 a City Secretary Office ~ Official Record Copy .. .. THENCE \i -\.0 deg. 48 min. 29 sec. W, a distance of 63.51 feet to a comer; THE)iCE S 79 deg. 11 min. 31 sec. W, a distance of31. 76 feet to a comer; THENCE N 19 deg. 11 min. 31 sec. E, a distance of 10.39 feet to a comer; THENCE S 79 deg. 11 min. 31 sec. vV, a distance of 21.0 1 feet to a comer; THENCE N -\.0 deg. 48 min. 29 sec. W, a distance of 7-\..25 feet to a comer; THENCE S 79 deg. 11 min. 31 sec. v\', a distance of38,99 feet to a comer; THE~,iCE N 20 deg, 02 min. 48 see, W, a distJ.nce of 27,-1-J. feet to the point of cur'J.ture of acur.e to the right h:.lVing a delta 0[96 deg, 2- min. 1l sec., a radius of 25.00 feet and a chord 0 f"'- 23 dêg 10 min. 53 sec. E, 3'7,29 rèet; THENCE along sJ.id cur,e. :.m arc distJ.nce of -\.2.09 feêt to thè point or¡;.mge:1c:- of S2-:d cur..:: THENCE N 76 deg. 2-1- min. 29 see La distJ.nce of203.r)6 feet to the point ofcur;anl::-C:: ofJ. C',lr,ç to the lett having ade!ta of28 deg, 3- min. 59 sec., a radius of232.00 feet. and :J.chord ,)f); 62 Jc:g 05 min. 30 sec. E. 11-1-.7-,+ feet; THENCE along said CUf'v'e, an arc distance of 115.94 feet to the point of t:mgency of s:lid C:'lr,e: THENCE N 47 deg 46 min, 30 sec. E. a distance of.326.36 feet to the poir..t ofcurvJ.turc:: \)[:1 cur,e to the left having a delta of 1-!- deg -\.5 min, 4:2 sec. a radius of501.00 tèet :J.nJ a chord of); -1-1) deg 2:3 min. 39 sec. E, 1:28,72 feet; THENCE along said cur\ie, an arc distJ.nce of 129.08 t"'çet to the point of tJ.ngency of said cur;e; THE0iCE S 70 deg. -\.3 min. 30 sec. E. a distance of 25S,SO tèet to a comer; THE:-,iCE S 03 deg. 00 min. 09 sec. E. a distJ.nce of 151.29 feet to a comer; THE);CE S 70 deg. -!-3 min. 30 see, E, a distance of 494,93 t"'çet to a comer: THE);CE N 19 deg. 16 min. 30 see, E. a distance of 29, 74 feet to the point of curvJ.ture of J. cune to the left having a delta of 45 deg, 54 min. 23 sec., a radius of 100,00 tèet, and a chord 0 f); 03 deg, 40 min. -\.1 sec. 'vV, 78.00 feet; THENCE along said cur...-e, an arc distance of 30.12 feet to a point of reverse curvJ.ture of a curve to the right having a delta of 3-.+ deg. 26 min. 42 sec., a radius of74.00 feet and a chord of); 09 deg, 24 min. 3:2 sec. W, 43,S2 feet; \ Exhibit A, Page ~ $ City Secretary Office ~ Official Record Copy x THE~CE along said cur'\.:e an arc distance of ++.-1-9 tèet to the point of tangency of said curve; THE~·'¡CE S 70 deg. 43 min. 30 sec. E, a distanœ of 281.82 feet to the point of curiature ofa non- tangent curve to the right having a delta of 1-1- deg. -1-2 min. 03 sec., a radius of -1-56.56 rèet and a chord ofS 11 deg. 55 min. 29 sec. W, 116.82 feet; THE:--'¡CE along said CUrY'e, an arc distance of 117.1-1- feet to the point of tangency of said cur.:e; THE?\íCE S 19 deg. 16 min. 30 sec. \V, a distance of219,90 tèet to the point of curvature ora cur'e to the left having a deltl of 90 deg. 00 min. 00 sec., a radius of 20.00 tèet and a chord of S 25 deg 43 min. 30 see, E, 28.28 feet; THE?\íCE along said curve. an ::lrc dist::lnce of31.-+2 tèet to a point ofr:everse cUrY'ature ora .:ur,e to the right having ::l delta 0 f 3 0 deg, 26 min. 55 sec.. ::l radius 0 f 5 26.50 t-eet and a chord 0 f S 55 Je5 30 min. 02 sec. E. r6,5,2 reet: THE'\;CE along sJ.id cur:e. an ::lr::: Jisr::lnce of 2-930 ~-eet La the: point of compcllnl: CUi,:},'..:,eJ ['1 cur,:e to the right hJ.ving a de![J. <Jf -1-0 Je:g. 00 min, 00 se'.:, a radius of9.l2. -- r-;:et and.1 '::.lTiJe' S 20 deg. 16 min. 35 sec. E. 64..1..89 feet: THE~CE along said curve. an arc dist::lnce of658.18 feet to the point or tangency ofsa:è. CUi'e: THE:'-,iCE S 00 deg, 16 min. 35 see, E. a distance or30,00 reet to the POGT OF BEGG"""\,"f'<C. anJ CONT.-\f'.if\:G 1.099.3091JO squ:lre fe:::;t or 25236- aGes of lanJ. Tract 2 (l-U 092 acres - San2:er Harris) Being a tract ofland out of the V·'¡. \V, W.-\LL-\CE Sl"R VEY, .ABSTR.-\CT 0iO. 1606, and jeing one of the Calloway Farm .-\ddition. 3d Filing, an .-\ddition to the City of);orth RichL:md Hills. Texas filed in Volume 388-126, Page 89-89.-\. Tarrant County Plat Records and being more particularly described as tàllov.,:s: COM::'-Œ~CGG at::l point for a comer in the Southeasterly right-of-way line of State Higt'.'.vay 121- A, said point being );orth ·r 0 46' 30" East. 1649,62 fee[ along said line from the inte;sec~ior. 0 r said Line with the Easterly Line of the Texas Electric Service Company right-of-wJY as recordd in Volume 194-, Page 169 of the De;;d Records ofTJITant County; THE'\;CE North _1.';-0 46' 30" East, a distance of 372.20 feet to 3. corner; ~ THE~CE North .+70 51' 45" E:lst, a distanc;; of72.80 feet to the beginning ofa curie to the left: Exhibit .-\., Page 5 $. ~ City Secretary Office ~ Official Record Copy . < THENCE in a Southeasterly direction along said curve to the left having a radius of 50.0 feer, a central angle of 53 J 07' 48", a chord 0 f length -1-4. ì2 feet and be3.IÌng South 150 34' 21" E:lst, and an arc length of 46.36 feet to the end of said curv'e to the'left; THENCE South -1-2° 08' 15" East a distance of50.0 feet to the beginning of a curv'e to the right: THENCE in a Southeasterly direction along said curve to the right having a racti us 0 f 21 Ill) feer. a central angle of64' 29' 29", and an arc length of236.37 feet to the end of said curv'e to the right ar,j the beginning of a curve to the left; THENCE in a Southe:lsterly direction along said curie to the left having :l r:ldius 0 r 20') tee:. a central :lngle of79J 35' 40", and J.n arc length of2-.78 feet to the end of said cu[\e to the le::'t J.r,ci the beginning of a curie to the right: THE:-,¡CE in a Southeasterly di.:-e'ction J.l()ng s:lid curve to the right having a ~J.ciius i) t t):: 'J t(;er. .l centr:ll :lngle of 31" 3()' 55". and ,m arc length of 3581)8 reet as the e:-1l1 ¡)f sale. cure [0 t:~è c1",r,: THE2',¡CE South 25 ê 43' 30" EJ.st. :l dist:mce or 23=',1)..1 feer to ~he beTnning ,)f J cur,e to :;-:e ["'./~:. THENCE in :l Southe:lsterly direction :liong SJ.id curie to the right having J r:lc.ius ,Jr ..1:0 :0 :eer. a central angle of30' 13' 04", and an arc length ot'2'+1,15 feet to the enli or said cur,e to the ngh:: THE~CE North /0' 43' 30" v\" est. a distance of 231.32 teet to the beginning ¡)f J C~lr,e to the kt~: THENCE in :l Southe:lsterly direction :llong S;lid curie to the lé't having J rJ,liius i)t' -..:. ) teer. J central Jngle of 34 J 26' 42", a chord of length -1-':; 32 teet and bearing South 3 ' 2..l' 32" Elst. aCG .l:~ arc length of-l-4...+9 feet to the end of said curie to the left J.nd the beginning 0[1 cu;:-"e to the rig~,:. THE0iCE in a Southeasterly direction ::J.!ong said curve to the right having J. rJ.dius of lIX,') teet. J central angle of '+5~ 54' 23". and an arc length of30.12 ted to the end of said cur,e to the righI: THE~CE South 19016' 30" \Vest. a disLmce 0[29.7'+ teet to J. comer: THE)iCE North 700 43' 30" \Vest. a distance of -1-9'+.93 feet to J. coneI'; THE:-.iCE ~orth 3 J 00' 09" \Vest, a distance 0 [ 15129 teet to a comer; THE0iCE North 70' 43' 30" \\0" est. a distance 0 f 2.:5 8. SO feet to the beginning 0 f J curie to the righc: THENCE in a South\vesterlv direction along said curve to the right having a radius of 50 1.0 t~e[. -' ..... -- a central angle of 14 CJ '+5' 4:", a chord oflength 128,72 feet J.nd bearing South -1-00 23' 39" \\0" est, a¡;d an arc length of 129.08 feet to the end of said curle to the right; , , Exhibit A, Page 6 ~.,~>-;:':'''\ Cìtv Secretary Office g( - ./ '. ..~ Official Record Copy . ~ , .;. THE)iCE South -+7J 46' 30" West. a distanœ of 209..+0 feet to a comer; THENCE North 42.0 13' 30" West. a distance of219.10 feet to a comer; THE)iCE North 4 Î 0 46' 30" East. a distance of 43.0 feet to a comer; THENCE South 42 J 13' 30" East, a distanœ of 167.10 tèet to the beginning of a curve to the left~ THENCE in a Southeasterly direc:ion along said curie to the left having a radius of 20.0 feet. a central :mgle 0 f 90 0 00' 00", and an .lrc ler1gth 0 f 3 1.42 feet to the end 0 f said cur;e to the le r:~ THENCE North 4,°46' 30" East, a distance of 1..16.40 feet to the beginning ofa curve to the ~e:-'::. THENCE in a Northeastedy direction. along said cur;e to the left having a radius of ..1b9i) :èe:. J. central.lngle of21 0 4()' 00", ar:d ar: arc ler1gth ot'¡--35 teet to the end of said cur,e to the ~e:'t: THENCE North 26 c 06' 3/)" East. a dist:mce of 315 i}l feet to the beginning of..l curie :0 the :-:g:-::. THENCE in a Northeasterly dire:::tion :.llong said curve to the right ha\'ing a radi us of 25 l.O ['eet. .1 cemral angle 0 f 1 Î 0 28' 2 -", and an arc length 0 f 76.55 feet to the end of said cur.-e to the right: THE)iCE North 42 J 13' 30" West. a distilllce of 32.59 feet to the PLACE OF BEGD:--;GG J.:.J containing 14.1092 acres. Tract 3 (7.8789 acres - \Ien.-yn 's) BEGr:-.:--;TNG :J.t a point, said point being the intersection point of the south right-of-way of State Highway 26-.--\ and the southwest comer of the S.:mger Harris Site; THENCE S .+2 deg. 13 min. 30 sec. E, a distance of 2l9.W feet to a comer; THENCE S r deg. 46 min. 30 sec. W, a distilllce of 116.96 feet to the point of curv·atur·ç of 1 cur,e to the right having a delta 0 f 28 de:.!. 3 -; min. 59 see " a radius 0 f 232,00 tèet and .1 Òord \) f S 62 de2 - - .... -- 05 min. 30 sec. \V, 114.74 feet; THE~"CE along said curv·e. an arc dist:.mce of 11594 feet to the point of tangency of said cur;e: THENCE S 76 deg. 24 min. 29 sec. \V, a distance of 203.06 feet to the point of curvature of:.l curve to the left having 3. delta 0 f 96 deg. 27 min. 11 sec., a radius of 25 ,00 feet and a chord of S 23 deg. 10 min. 53 sec. \V, 37.29 feet; " , THENCE along said curve, an arc distanœ of 42.09 feet to the point of tangency 0 f said curv'e~ Exhibit A, Page 7 $.... ! Ci.ty Secretary Office ~"W Official Record Copy .. THE~CE S 20 deg. 02 min. 48 sec. E, a distance of 27.44 feet to a comer: THENCE N 79 deg. 11 min. 31 sec. E, a distance of .38.9,9 feet to a comer; THENCE S ~O deg. 48 min. 29 sec. E, a distance of 74.25 feet to a comer; THE~CE E 79 deg. 11 min. 31 sec. E, a distance of 21.0 1 feet to a comer; THENCE S 19 deg. 11 min. 31 sec. W, a distance of 10.39 tèet to a comer; THENCE N 79 deg. 11 min. 31 sec, E, a distance of 31. 75 feet to a comer: THE~CE S ~O deg. 48 min. 29 sec. E, a distance of63,51 tèet to a corner: THENCE N 19 deg. 11 min. 31 sec. E, a dist:mce of 3.3.31 feet to a corner: THE\."CE N 79 deg 11 min, 31 sec. E. a dist:mce ot' 6351 feet to J. corner: THENCE S 19 deg, 11 min. 31 see, \\1. a distJ.nce of 22.92 rèet to a '.::orner: THENCE S ~O deg. 48 min. 29 see. E. J. distance of 63 .51 tèet to a corner: THE~''''CE N 79 deg. 11 min. 31 sec. E. a distance of31. 75 tèet to a corner: THENCE S 19 deg. 11 min. 31 see \\". a distanc;; of 6-.3~ feet to J. corner: THENCE S 23 deg. 02 min. 21 sec. W, a distance of 46.1 I) tèet to J. corner: THENCE S 19 deg. 11 min. 31 sec, Vi, a distance of 416,75 feet to a corner: THENCE N 70 deg. ~3 min. 29 see, \\", a distanc;; ofì3.77 feet [0 a corner; THENCE S 59 deg. 35 min. 35 see, \\1, a distance of 52.05 feet to a corner; THENCE N 60 deg. 2~ min. 25 sec. \\1, a distance of 59.31 feet to a corner: THENCE N 00 deg. 2~ min. 25 sec. \'7, a distance of 1~.99 feet to a corner: THENCE S 59 deg, 35 min. 35 sec. W, a distance of 31.75 tèet to a corner; THENCE N 00 deg. 2~ min. 25 sec. W, a distance of9.59 tèet to a corner; ~ THENCE S 59 deg. 35 min. 35 sec. W, a distance of 31.75 feet to a corner; Exhibit A, Page 8 .$. ~ City Secretary Office ~ Official Record Copy . r ~. THENCE N 00 deg. 24 min. 25 sec. W, a distance of 1 ì.59 feet to a comer; THENCE N 60 deg. 24 min. 25 sec. W, a distance of 31. 75 feet to a comer; THE:--,¡CE N 00 deg. 24 min. 25 sec. W, a distance of 69.34 feet to a comer; THENCE N 70 deg. 48 min. 29 sec. W, a distance of 8.53 feet to the point of curvatur~ of a cun'e to the left having a delta of 19 deg. 35 min. 56 sec., a radius of 50.00 feet and a chord of ~ 80 deg 36 min. 2ì sec. W, 17.02 tèet; THENCE along said curve, an arc distance of 17.10 tèet to the point of tangenc:: 0 f said. C:JI""',e:; THENCE S 89 de:g. 35 min. 35 see, \V. a distance of 260,1)7 tèet to a come:-: THENCE ~ 00 deg. 24 min. 25 see, \V, 3. distance of 16618 feet to the: point ()fcur'-at'..:.r=Jf.l.~'lr.e to the right having a delta of 48 de:.; 11) min. 55 sec., a radius of2-5 .50 c'eet ,md achorc.) t'"\" 2~J.èg 41 mm. 03 sec. E. 2:.1.91 feet; THE"\iCE along said cur,'e, an arc d.ist:u-:ce 0 f 23 1.6~ feet to the point 0 f tangency 0 [' :ÕJ.iJ.~ ~:r,e: THE"\iCE N 4 - deg, 46 min. 30 sec. E, a distance 0 f 221.23 feet to the point 0 f cur.J.ture eJ [' a~:J.r:e to the right having a delta 0 f 23 deg. 3 - min. 59 sec., aradius 0 f 200.50 feet and a chord ,) f"." 62 de:.; 05 min. 29 sec. E, 99,16 feet; THE"\"CE along said curve, an arc disur:ce of 100,20 feet to the point oftJ.ngency ofsald cur,e: THE\CE ~ 76 deg. 2.1 min. 29 see E, 3. dist.mce of 2ö 1.23 feet to the point of cur,at:lre of a :i.or.- tangent curve to the left having a delt;} 0 f 28 deg. 37 min. 59 see., a radius of 199,50 feet ar.d a chord ofN 52 deg. 05 min. 29 see E, 93.66 feet; THE'¡CE along said curve, an arc distance 0 f 99.70 feet to the point 0 f tangency 0 f said cur:e: THE~'¡CE N 48 deg. 18 min, 21 sec. E, a dist:.mce of 53.96 feet to the point of cur:ature of J. cur:e to the left having a delta of 90 deg. 00 min. 00 sec., a radius of 20.00 feet J.nd J. chord of"." 1)2 deg. 46 min. 30 sec. E, 28.28 feet; THE'iCE along said curve J.n arc distance 0 f 31..+2 feet to the point of tangency 0 f said cune: THENCE N 42 deg. 13 min. 30 sec. W, a distance of 16ï, 10 tèet to a comer, said point being in the south right-of-way line of State Highway 26-A; ... , THENCE ~ r deg. 46 min. 30 sec. E, a distance of -1-3.00 feet to the PONT OF BEG[\'~1"\iG: and Exhibit .-\. P3ge 9 ~ ~ City Secretary Office ~ Official Record Copy - CONT:\..DTh'G 343,206.61 square feet or 7.8-89 acres ofland. Tract'" (9.7304 acres - Cox) Being a tract ofland out of the W.W. W.-\.LLACE Sl,"RVEY, .A.BSTR.-\CT )iO, 1606, and being out of the Calloway Fann Addition, yd Filing, an Addition to the City of~orth Richland Hills, Texas filed in Volume 388-126, Page 89-89A, Tarrant County Plat Records and being more particularly described as follows: COlv['vŒ~CTNG at a point, said point being the intersection point of the north right-of-\vay line ,][ Glenview Drive (50 foot right-of-way) and the east right-of-wJ.Y line 0 fFra\vle:.: Drive (50 toot rig:--::- of-way); THE~CE )i 00 deg. 19 min. 15 see, \\", a disr;mce of S..l[, 73 tèet to the POf:';T OF B EGL'-;";GC THE:\"CE S 39 deg. -r:; min. 20 sec. \\". J. dist:.lllCe \)fo...!-4.30 ¡èet to a come::; THENCE N 00 deg. 16 min. 40 see, W. a disLlnce of 32,00 tèet to a corr.e::; THENCE 0i 24 deg. 15 min. 49 sec. E. a dist:.lnce of62.90 c'eet to a comer: THE:-,¡CE ~ 64 deg. 11 min. 31 sec. E. a distance of 30.00 rèet to a comer; THE)iCE 0i 19 deg, 11 min. 31 see E. a distance of 34.00 tèet to a come: THE)iCE 0i 64 deg. 11 min. 31 sec. E. a distJ.r.ce of 74,93 [èet to J. comer; THE~CE N 19 deg. 16 min. 30 sec. E, a distance of366.56 tèet to a comer; THE)iCE N 64 deg. 16 min. 30 sec. E, a dist:mce of35,73 feet to a eomc:r: THE)iCE S 70 deg. 43 min, 30 sec. E. a distance of 21 S.02 tèet to J. comer; THENCE S 25 deg, 43 min. 30 sec. E, a distance of 4.11 feet to a comer; THE~CE N 19 deg. 16 min. 30 see, E. a distanœ of265.00 {èet to a comer: THENCE S 70 deg. 43 min. 30 see, E, a distance of295,74 feet to a comer; THENCE S 19 deg. 16 min. 30 sec. W, a distance of 167.35 feet to a comer; , THE~'¡CE S 70 deg. 43 min. 30 sec. E, a distance of 32.00 tèet to a comer; Exhibit :\, Page 10 " $ Cit¥ ~ecretary Office ~ Official Record Copy THENCE S 19 deg. 16 min. 30 sec, W, a distance of -+68.05 feet to the point of curvature of a curie to the right having a delta of iO deg, 26 min. 50 sec.. a radius of90.95 and a chord of S 54 deg. 29 min. 55 sec. W, 104.91 feet; THENCE along said curve, an arc distance of 111.83 feet to the point of tangency of said curve; THENCE S 89 deg. 43 min. 20 see, \'1, a distance of 10.53 feet to the POrNT OF BEGf'.<:"T\"G: CONT.~T\iG 423,855.90 square feet or 9,7304 acres afland. Tract 5 (9.5223 acres - Residual 1) Being a tract ofland out of the W W \V.-\.LL\CE SCR '-iEY. ABSTR~-\CT ","0 1606. and J.,;:n::? 'J1.:: ofth.,; Calloway Farm Addition, 3'" Filing. an AJ,¿:tion to the Clt~¡ of\ior:h R~Ò1J.n¿ Ei::s. Te\::l~ fikd in Volum.,; 388-126, Page 8\)-S9.-\. Tarrant Coun~¡ Plat Records and b.,;:ns ml][:; ¡J:.lr::C'..ll:l:-:: described as follo\vs: BEG[\¡:-,~G at a point. said point being th.,; inte:-section pomt of the southeast cone:- ot [r.e Callo\vay Farm Addition, and th.,; east right-of-\vay lin.,; ofCagk St. (5\)' R.O W.); THE\iCE S 89 J 43' 20" \'1, a distar:ce of 10.00 tèet to a point tor coDer: THE~CE \i 00' 16' 35" W, a distar:c::: of 8000 tè:::t to ::l point of cur¡atur:::: THE\iCE along a curve to the left, said cune ha\ing a c::::1tf:.ll ar:gk of 41)' Oli' ".:.l f:.lciuso,· 942.77 tèet, and an arc length of658, 18 feet tO::l point of compound cur¡antre: THENCE along a curve to the left, said cune having a c:::ntr:.ll angle of 30 ê 26' 55", a eadius of 526.50 feet, and an arc length of 2-:"9,80 feet to a point of :-eve:-se cun'antre; THENCE along a curve to the right. said curve having a central angle of 90: 01)' (1)", a :-acìius 0 [ 20.00 tèet. and:.ln arc length of 31..+2 feet to a point of tangency; THE:-iCE 0i 19 J 16' 30" E, a distance of 219.90 feet to a point of cun:lture. THE~CE along a curie to the left. said cune having a cerrtr:.ll angle of 45 J 00' (1)", a radius 1)[' 456,56 feet, and an arc length of 358.58 tèet to a point of tangeGcy: THENCE N 25 J 43' 30" Vi, a distance of 282.04 feet to a point of curvatu¡:ç; \ THENCE along a curve to the left, said curve having a central angle of 31 ê 30' 55", a rJ.dius 0 f 651.00 feet, and an arc length of 358,08 feet to a point of reverse cur/ature; Exhibit A, Page 11 . ~ THE~\iCE along a cU[Y'e to the right, said curve having a central angle of 79" 35' 40", a radius of 20,00 feet, and an arc length of 2/, 78 feet to a point of reverse curvature; THE)iCE along a curve to the left, said curve having a central angle of 640 29' 29", a radius of 210.00 feet, and an arc length of 236,37 feet to a point of tangency; THENCE N 42J 08' IS" "vV', a distance of 50.00 feet to a point of curvature; THE\iCE along a cur;e to the right, said cU[Y'e having a central angle of 53J 0'7' 48", a radius of 50.00 feet and an arc distance of 46,36 feet to a point for comer; THE0iCE 0i 47 J 51' 45" E, a dist:mce of 235.00 feet to a point for comer: THE)iCE S 420 08' 15" E, a distar:ce of 160.00 feet to a point of cunature: THE)iCE along a curve to the right. said cur;e h:l\ing a centnl .mgk of -1.:5: 00' ", a ~aCius Jt 429.00 feet, and an arc length of 33t59..1 feet to a pomt oftange:-lCY: THE0iCE S 02 : 5 t' 45" W. a dist::mce 0 f .2 133 I feet [0 1 ;Joint 0 L::ur.-ature: THE0iCE along a cun'e to the le:1. said curie having a central angle of 40' 52' 00", a radius): 571.00 teet, and an arc length of40-.17 feet to a point of tangency: THE)iCE S 33" 00' 15" E. a distar.ce of 590...15 feet to a paint for comer; THE0iCE S 00" 16' 35" E, a distance of934.15 feet to the POGT OF BEG[\,--:\ T\"G: ar:d containi:--.g 9,5223 acres of land. Tract 6 19.3411 acres - Residual 2) Being a tract of land out of the \V'. \V, \YALLACE Sl K VEY. .:\.BSTR.-\CT NO, 1606, and being out of the Callmvay Farm Addition. 3:j Filing. an Addition to the City of:\'orth Richland Hills. Texas filed in Volume 383-116, Page 89-39.-\, Tarrant County Plat Records and being more particularl~, described as fa llo\vs: COJ\.['vŒNCI0iG at the intersection point 0 [the southeast comer of the CallO\vay Farm .--\ddition and the east right-of-way line of Cagle Street (50' KO. \y,): THENCE South 89 J 43' 20" \Vest, a distance of 40.00 teet to the PODiT OF BEGG""),DG; \ THE)iCE South S9c 43' 20"\Vest, a distance of 10.00 feet to a point tòr comer, said point being in the west tine of Cagle Street; Exhibit A, P:1ge 12 $." l City Secretary Office 'Z~J Official Record Copy , ,z· - THE~CE North 000 16' 35" West, a distance of 0.11 feet to a point for come,; THE~CE South 890 43' 20" West. a distance of 695 .86 feet to a point for comer, said poim being in the east line of Frawley Drive (50' R.O.W,) dedicated by deed as recorded in Volume 4423 Pag~ 602 of the Deed Records of Tarrant County, Texas; THE~CE )iorth 000 19' 45" \-Vest, a distance of 30 1.62 feet to a point for comer: THENCE )iorth 890 43' 20" East, a distance of 10.53 feet to a point of curv'ature to the lefL. sJ.id curve having a central angle of 70: 26' 50", a radius or90.95 feet and a chord bearing \:orth 54: 29' 55" East, 104.91 tèet; THE~CE along said cllrv'e to the right an arc distance of III ,83 tèet to a pcint of tar.ger,c:.: THE~CE .\'orth 19' 16' 30" Ease. a distarKe of 468.'}5 feet to a point of Cllr.aturê to :he: ng:--.:. s:.l:~ curle having .l Ge:1tr::d ::mg Ie 0 f : I}I}' !)I)", a ~J.Ji us 0 t- 20 .1)1) teet J.nd a chord oeJ.r.Tlg ): 0 rt}~ .~..:.' l r; 30" E:1st. 28..28 teet; THE~CE along said curie to the: right .In .lre distJ.nce of 31.42 tèet to a point of cur, art;,.; :0 :t.: right. said curve having a cemrJ.l angle of 30: 26' 55", J. radius of 496.50 teet anJ a c!1orc. Jean;1g South 55 J 30' 0:" East. 260.-"6 feet: THE):CE along said curve to the r.g!1t an .lrc Ciseance of263.36 feet to a point of.l cor:-:pou;:,':'c'.l.r,e to the: right, said curie h:1 ving a c :::1tral angle: 0 t 40: 00' 00", a radi us 0 f 912 ì -;" teet and 2C h() r':: be:lring South 20: 16' 35" East. 624..3 - teet: THE~CE :llong the curve to the: right J.TI arc distanc:: of63-:".23 tèet to a point ofrangenc:-: THE;\CE South 00) 16' 35" East. a distance of SO.OO teet to the POGT OF BEGG-:,\;-r~:G: ar:J cont:lining 406.944.32 sqmre feet or 9.3422 :lees of land. Tract 7 (604365 acres - Residual 4) Be:ing a tract ofland out ofche: \V. \\". W.-\.LL--\CE SCR VEY, .A.BSTR.-\CT :'¡Ü, 1600. and be::1g out of the: Callo\vay Farm .--\ddicion, y: Filing. an Addition to the: City of\:orth R:chbnd Hills. T ;;xas filed in Volume 388-126, Page: 89-89.--\, TJITill,t County Plat Records and being mor..: par::cuL.lrly described as fo11o\vs: COp,.,Cv1E~CI0iG at a point; said point being the intersection of the north right-of-\vay line of Glenvie\v Drive (50 foot R.O.\-V.) with the e3.st right-of-way line of Ruth Street (a 50 foot private drive), said point be:ing the south\vest comer of Saint John the Apostle Catholic Church tr2.ct; " Exhibit A, Page 13 $ City Secretary Office ~ Official Record Copy , z , z THENCE North OOJ 19' 45" West, a dist::mce of 399.22 feet to the POfNT OF B EG[)J~ T'-iG; THE)¡CE North OOJ 19'45" \Vest, a distance of"+17.52 feet [0 apoim for comer; THE)¡CE North 89~ 43' 20" East, a dist::mce of6-1.52 tèet to a point for comer; THE;..íCE South OO~ 19' 45" East, a dist::mce of 41 i.52 feet to a point for comer; THE)¡CE South 89° 43' 20" West. a distance of6-1.52 tèet to the POGT OF BEG[\,"""\.T:',·G: and containing 280,373.03 square tèet or 6A365 acres of land. Tract 8 (4.8652 acres - Residual 5) Being a tract ofl::md out of the \V. \\'. \V,--\LL-\CE Sl K VEY, :-\BSTR.--\CT NO 160!). :mè. Jeing ·Jut of the Calloway Farm .--\ddition, 3'~ Filing, an .--\ddition to the City of);orth R.Òbr.è. EilIs, T e:\J.s filed in Volume 383-1.26. Page 39-39.--\. TJ.rr:.mt County PLlt Records J.nd ~eing :nor.;: ~;lr:icubr:> described as fa llo\\s: COlvC\¡[E);C~G at a point. s:lid point being the inte:-secion of the north n::;:1hJt-'.\J.:, lir,c.:; or" Glenvie\\ Drive (50 toot R.Q,\V.) \vith the \VeSi: right-of-'.vay line 'Jt'Ruth Street tJ. 51) [""ect tJr.\ate drive), s:lid point being the southeast comer of the Rlchland Hills \olethodist ChurÒ :rac: THE);CE N 00' 19' 45" \V, a distance: of 399.22 feet to the PONT OF B EGI'-.. :-;"G"G: THENCE S 89 co 43' 21)" \\', a disLInce of 479. -:-0 ["eet to J. point ~or comer; THENCE N 1)1)) 2-1-' 25" 'vV, along the east line of the TESeO R.OY\', as recorde¿ in \"Ol''';'::lè I G.1-. Page 169, Deed Records of Tarrant County. a distance 0['-1-32.63 feet; THENCE N 39 co 43' 20" E, a distance of 117.86 tèet to a point tor comer: THENCE along a curve to the left. said curve having a central angle of 33) 2-' 58", a radius of 300.00 tèet, and an arc length of 201Al feet to a point of tangency; THENCE N 89) 43' 20" E, a distance of 17.:5.9.1 tèet to a point for comer; THENCE S 00° 19' 45" E, a distanc~ of-1-1 7..:52 fe:::t to the POfNT OF BEG[)J"'-..1);G: J.nd contair'ing 211,926.79 square feet or 4.3652 acres of land. ~ Exhibit A, Page 14 a City Secretary Office ~ Official Record Copy r Exhibit B North Hills Mall will construct approximately 200,000 square feet in improvements. Potential anchors include an Eisenberg's Skatepark in 2001, a Dave and Busters, Old San Francisco Steak House, ice skating rink, and movie theater in 2002. A Fountain Plaza Area will be constructed by the Owner to contain a lake with an area of at least two (2) acres, a lighted fountain, an amphitheater with seating for at least five hundred (500) people, common areas, retail kiosks and associated amenities. a City Secretary Office ~ Official Record Copy · ,..~ '.' '.~, ,. '. ',. "'" ' ~'!'.ï." ,,..;Wk';'<^i:CU;;"'-' -:.;':., " ",., ~~j;..o~~~.~~: ~ ....; "", :to I· '~ , ( f' ",:. - , .,. A\: 6~: i>7, ,,~ ~'. :<,. ;,~, .{..:. - /. -' c;- ...... ..- . II ~l ~ ~ ~ g¡ SJ ~ ~ I (j I~ Ç..j 3~ c~ CJI ~ ~ §~ c~ ~I ~~ ~~I N NI~ >~ ~1 t ~ ~ .. , I r J I.. ~ I.. L- ¡" ,~ 1 ~ 1,j ... ~ I ~ 1 1 .4 \ i ... ~ I I '~ .A ~//// " "< // /" /)" // / / //// / // ,/// J J ~ J ¿ ~,1- ,-,.:>, {'·~~/,~\;t~;,~:,;.¡!(.:,;,~ ,... 1\.\,.... ~,..' ~~ ~~..- .~ ' ~...\\~ ò0-q,.. . é\,~.... ~-.<,.f/!b> ~~>~·'r~ ...; S ¡;;; ~ ;;;0; ~ ø. ~ ~ '.~,~; ;,~;~.\:'~ ' / i ! ~"- ~ .-..-. 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