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
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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.
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PatrJcia HutsQn, C1tY:Secretary
APPROVED AS TO FORM:
Rex McEntire, City Attorney
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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.
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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
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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.
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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).
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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
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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
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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
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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:
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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
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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
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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
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