Loading...
HomeMy WebLinkAboutResolution No. 2012-067 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012- x (or l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ACCEPTING A PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND ORDERING A PUBLIC HEARING TO CONSIDER THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT; AUTHORIZING THE PUBLICATION AND MAILING OF ALL NOTICES REQUIRED BY LAW; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Chapter 372 of the Texas Local Government Code authorize the City of The Colony, Texas, to create a public improvement district within the City of The Colony, Texas; and WHEREAS, on Monday, September 17, 2012, there was presented to the City of The Colony, Texas (hereinafter referred to as the "City") a petition seeking the authorization to establish a public improvement district (hereinafter referred to as the "District") within the City pursuant to Chapter 372 of the Texas Local Government Code, as amended; and WHEREAS, said petition, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes, describes the public improvements that the property owners desire to be made within the District; and WHEREAS, the City Council has determined a public hearing with respect to the creation of the District is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Resolution as if dilly set forth herein. SECTION 2. That the City Council of the City of The Colony, Texas, does hereby order a public hearing to be held on Monday, October 8, 2012, at 6:30 p.m., at City Hall, located at 6800 Main Street, The Colony, Texas, for the purpose of hearing public testimony concerning the creation of the District. SECTION 3. That at such time and place the City Council will hear testimony regarding the creation of the proposed District, and shall consider the adoption of a resolution authorizing the creation of the District, in accordance with section 372.010 of the Texas Local Government Code, as amended. SECTION 4. Attached hereto as Exhibit B of this Resolution is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. SECTION 5. That the City Secretary is hereby authorized and directed to cause said notices of the public hearing to be published in substantially the form as attached hereto as Exhibit B, in a newspaper of general circulation in the City consistent with Section 372.009(c) of the Texas Local Government Code. In addition, the City Secretary is hereby authorized and directed to cause said notices to be mailed to affected landowners within the boundaries of the proposed District consistent with Section 372.009(d) of the Texas Local Government Code. SECTION 6. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 18"' day of September, 2012. e McCour ,Mayor ATTE pT: t Secretary Oii Wilson City } APPROVED AS TO FORM: Jeff Moore City ~ Attorney Page 2 Exhibit A [Petition] Page 3 PETITION REQUESTING THE ESTABLISHMENT OF CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO. 1 This petition (this "Petition") is submitted and filed with the City Secretary of the City of The Colony, Texas (the "City"), by the undersigned owner ("Owner") of 98.8% of approximately 439.12 contiguous acres located within the corporate limits of the City south of and adjacent to the Sam Rayburn Tollway (State Highway 121), north of and adjacent to Plano Parkway, and west of Spring Creek Parkway, which property is described by metes and bounds on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the "PropertX"), acting pursuant to Chapter 372, Texas Local Government Code, as amended (the "Act"), requesting that the City Council of the City establish the City of The Colony Public Improvement District No. 1 (the "District") to include the Property. In support of this Petition and the creation of the District, Owner presents the following: Section 1. General Nature of the Proposed Public Improvements. The proposed public improvements authorized by the Act to be undertaken and financed for the special benefit of the Property (the "Authorized Public Improvements") may include, but are not limited to, the following: (a) public improvements necessary to develop approximately 82.32 acres within the Property (the "Facility Land") for approximately 1,280,000 square feet for warehouse and distribution uses, approximately 25,000 square feet for a regional corporate headquarters, and approximately 546,000 square feet for retail sales to the general public (collectively, the "Facilit which public improvements may include, but are not limited to, the following: (1) water, wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm water detention and retention facilities, and utility relocations related to such improvements; (2) off-street structured and surface parking facilities; (3) street and roadway improvements, including related traffic signalization, signage, sidewalks, curbs, gutters, streetscape, landscaping, drainage improvements, and utility relocations related to such street and roadway improvements; (4) mass transit facilities; (5) park improvements, (6) landscaping; (7) lighting and signage; (8) pedestrian malls; (9) other projects similar to those listed in items (1) - (8) as authorized by the Act; and (10) site improvements for any of the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain reclamation (collectively, the "Facility Public Improvements"); (b) the acquisition of up to approximately 161 acres of the Property for the Facility Public Improvements (the "Facility Improvements Land"); (c) public improvements necessary from time to time for the phased development of the remainder of the Property for commercial uses (the "Related Development"), which public improvements may include, but are not limited to, the following: (1) water, wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm water detention and retention facilities, and utility relocations related to such improvements; (2) off-street structured and surface parking facilities; (3) street and roadway improvements, including related Page 1 The Colony PID 1 Petition - EXECUTION 9.14.2012 1775.010\29049.6 traffic signalization, signage, sidewalks, curbs, gutters, streetscape, landscaping, drainage improvements, and utility relocations related to such street and roadway improvements; (4) mass transit facilities; (5) park improvements, (6) landscaping; (7) lighting and signage; (8) pedestrian malls; (9) other projects similar to those listed in items (1) - (8) as authorized by the Act; and (10) site improvements for any of the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain reclamation (collectively, the "Related Public Improvements); and (d) the acquisition from time to time of portions of the Property for the Related Public Improvements (the "Related Improvements Land"). Section 2. Estimated Costs of Proposed Public Improvements. (a) The costs for the Facility Improvements Land and Facility Public Improvements are estimated to be $150,000,000 (the "Facility Improvements Costs"). (b) The costs for the Related Improvements Land and Related Public Improvements are estimated to be $150,000,000 (the "Related Improvements Costs"). Section 3. Boundaries of the Proposed District. The boundaries of the proposed District are the boundaries of the Property described on Exhibit A attached hereto and depicted on Exhibit B attached hereto. The District includes a total of approximately 439.12 acres as follows: (a) approximately 433.81 acres owned by Owner and described by metes and bounds on Exhibit C attached hereto; (b) approximately 1.95 acres within the right-of-way of Plano Parkway (the "Plano Parkway ROW"); and (c) approximately 3.36 acres within the right-of-way of the Burlington Northern Railroad (the "Railroad ROW"). Section 4. Proposed Method of Assessment. (a) Facility Improvements Costs. It is proposed that the City Council of the City levy assessments against the Facility Land in a manner that will impose equal shares of the Facility Improvements Costs on lots, parcels, and tracts of the Property that are similarly benefited (including, but not limited to, assessments levied on a per-acre basis regardless of uses permitted by applicable zoning and regardless of the appraised value of the property whether developed or undeveloped), but only to the extent that the City Council determines that the Facility Land is specially benefitted by the Facility Public Improvements. In making its determination, the City Council will take into consideration the special benefit, if any, received by other property within the District as a result of the Facility Public Improvements. It is proposed that neither the Plano Parkway ROW nor the Railroad ROW receives a special benefit from the Facility Public Improvements, therefore, no assessments will be levied against either right-of-way. (b) Related Improvement Costs. It is proposed that the City Council of the City levy, from time to time, assessments against other portions of the Property in a manner that will impose equal shares of the Related Improvement Costs on lots, parcels, and tracts of the Property that are similarly benefited (including, but not limited to, assessments levied on a per-acre basis regardless of uses permitted by applicable zoning and regardless of the appraised value of the Page 2 The Colony PID 1 Petition - EXECUTION 9.14.2012 1775.010\29049.6 property whether developed or undeveloped), but only to the extent that the City Council determines that such other portions of the Property are specially benefited by the Related Public Improvements. In making its determination, the City Council will take into consideration the special benefit, if any, received by other property within the District as a result of the Related Public Improvements. It is proposed that neither the Plano Parkway ROW nor the Railroad ROW receives a special benefit from the Related Public Improvements, therefore, no assessments will be levied against either right-of-way. (c) It is proposed that the City Council of the City levy the assessments described above only after notice and a public hearing as required by the Act, which assessments may be paid in full at any time, including accrued and unpaid interest; and if not paid in full, shall be paid in annual installments for a term that does not extend beyond the 40th anniversary of the date the City collects its first sales tax dollar from taxable sales occurring at the Facility. Annual installments shall be paid pursuant to a reimbursement agreement authorized by the Act between the City and Owner (or, as approved by the Owner, between the City and The Colony Economic Development Corporation, between the City and The Colony Community Development Corporation, or between the City and The Colony Local Development Corporation), as applicable, including principal, interest, costs of collection and delinquencies, and costs of administration. The reimbursement agreement may provide that the collection of annual installments, including the accrual of interest, be deferred or reduced on terms and conditions set forth in the agreement. The amount of an assessment against a lot, parcel, or tract, once levied, may be reduced but not increased; however, the amount of the annual installments of any assessment may be reduced or increased from year to year depending on variations in the costs of collection, delinquencies, and administration. If assessments are levied based on estimates of the costs of Authorized Public Improvements, the levy must be structured so that it will be reduced in the event the actual costs are less than the estimate. Section 5. Proposed Apportionment of Costs between the District and the City. The City shall not be obligated to provide any funds to pay for or finance the Authorized Public Improvements; all of which improvements shall be paid for or financed from assessments levied against the Property (save and except the Plano Parkway ROW and the Railroad ROW). Section 6. Management of the District. Owner proposes that the District be managed by the City with the assistance of consultants hired by the City and paid for as an administrative cost of the District. Section 7. Owner Requests Establishment of the District. Owner requests and concurs with the establishment of the District and with the levy of assessments against the Property to pay for or finance the Authorized Public Improvements to the extent the Authorized Public Improvements confer a special benefit on the Property. Section 8. Advisory Board. An advisory body may be established to develop and recommend an improvement plan to the City Council of the City; however, Owner proposes that the District be established and managed without an advisory body. Page 3 The Colony PID 1 Petition - EXECUTION 9.14.2012 1775.010\29049.6 This Petition is signed by Owner as the owner of approximately 98.8% of the Property, including 100% of the property liable for assessment. This Petition is sufficient to create the District under the Act because it is signed by: (1) the owners of taxable real property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owners of real property liable for assessment under the proposal who: (A) constitute more than fifty percent (50%) of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal. RESPECTFULLY SUBMITTED this 14th day of September, 2012. 121 Acquisition Company, LLC, a Texas limited liability company By: Jeff Lind,- resident Page 4 The Colony PID 1 Petition - EXECUTION 9.14.2012 1775.010\29049.6 PETITION REQUESTING THE ESTABLISHMENT OF CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO. 1 This petition (this "Petition") is submitted and filed with the City Secretary of the City of The Colony, Texas (the "City"), by the undersigned owner ("Owner") of 98.8% of approximately 439.12 contiguous acres located within the corporate limits of the City south of and adjacent to the Sam Rayburn Tollway (State Highway 121), north of and adjacent to Plano Parkway, and west of Spring Creek Parkway, which property is described by metes and bounds on Exhibit A attached hereto and depicted on Exhibit B attached hereto (the "Propert y"), acting pursuant to Chapter 372, Texas Local Government Code, as amended (the "Act"), requesting that the City Council of the City establish the City of The Colony Public Improvement District No. I (the "District") to include the Property. In support of this Petition and the creation of the District, Owner presents the following: Section 1. General Nature of the Proposed Public Improvements. The proposed public improvements authorized by the Act to be undertaken and financed for the special benefit of the Property (the "Authorized Public Improvements") may include, but are not limited to, the following: (a) public improvements necessary to develop approximately 82.32 acres within the Property (the "Facility Land") for approximately 1,280,000 square feet for warehouse and distribution uses, approximately 25,000 square feet for a regional corporate headquarters, and approximately 546,000 square feet for retail sales to the general public (collectively, the "Facilit which public improvements may include, but are not limited to, the following: (1) water, wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm water detention and retention facilities, and utility relocations related to such improvements; (2) off-street structured and surface parking facilities; (3) street and roadway improvements, including related traffic signalization, signage, sidewalks, curbs, gutters, streetscape, landscaping, drainage improvements, and utility relocations related to such street and roadway improvements; (4) mass transit facilities; (5) park improvements, (6) landscaping; (7) lighting and signage; (8) pedestrian malls; (9) other projects similar to those listed in items (1) - (8) as authorized by the Act; and (10) site improvements for any of the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain reclamation (collectively, the "Facility Public Improvements"); (b) the acquisition of up to approximately 161 acres of the Property for the Facility Public Improvements (the "Facility Improvements Land"); (c) public improvements necessary from time to time for the phased development of the remainder of the Property for commercial uses (the "Related Development"), which public improvements may include, but are not limited to, the following: (1) water, wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm water detention and retention facilities, and utility relocations related to such improvements; (2) off-street structured and surface parking facilities; (3) street and roadway improvements, including related Page 1 The Colony PID 1 Petition - EXECUTION 9.14.2012 1775.010\29049.6 traffic signalization, signage, sidewalks, curbs, gutters, streetscape, landscaping, drainage improvements, and utility relocations related to such street and roadway improvements; (4) mass transit facilities; (5) park improvements, (6) landscaping; (7) lighting and signage; (8) pedestrian malls; (9) other projects similar to those listed in items (1) - (8) as authorized by the Act; and (10) site improvements for any of the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain reclamation (collectively, the 'Related Public Improvements); and (d) the acquisition from time to time of portions of the Property for the Related Public Improvements (the 'Related Improvements Land"). Section 2. Estimated Costs of Proposed Public Improvements. (a) The costs for the Facility Improvements Land and Facility Public Improvements are estimated to be $150,000,000 (the "Facility Improvements Costs"). (b) The costs for the Related Improvements Land and Related Public Improvements are estimated to be $150,000,000 (the "Related Improvements Costs"). Section 3. Boundaries of the Proposed District. The boundaries of the proposed District are the boundaries of the Property described on Exhibit A attached hereto and depicted on Exhibit B attached hereto. The District includes a total of approximately 439.12 acres as follows: (a) approximately 433.81 acres owned by Owner and described by metes and bounds on Exhibit C attached hereto; (b) approximately 1.95 acres within the right-of-way of Plano Parkway (the "Plano Parkway"); and (c) approximately 3.36 acres within the right-of-way of the Burlington Northern Railroad (the 'Railroad ROW"). Section 4. Proposed Method of Assessment. (a) Facility Improvements Costs. It is proposed that the City Council of the City levy assessments against the Facility Land in a manner that will impose equal shares of the Facility Improvements Costs on lots, parcels, and tracts of the Property that are similarly benefited (including, but not limited to, assessments levied on a per-acre basis regardless of uses permitted by applicable zoning and regardless of the appraised value of the property whether developed or undeveloped), but only to the extent that the City Council determines that the Facility Land is specially benefitted by the Facility Public Improvements. In making its determination, the City Council will take into consideration the special benefit, if any, received by other property within the District as a result of the Facility Public Improvements. It is proposed that neither the Plano Parkway ROW nor the Railroad ROW receives a special benefit from the Facility Public Improvements, therefore, no assessments will be levied against either right-of-way. (b) Related Improvement Costs. It is proposed that the City Council of the City levy, from time to time, assessments against other portions of the Property in a manner that will impose equal shares of the Related Improvement Costs on lots, parcels, and tracts of the Property that are similarly benefited (including, but not limited to, assessments levied on a per-acre basis regardless of uses permitted by applicable zoning and regardless of the appraised value of the Page 2 The Colony PID I Petition - EXECUTION 9.14.2012 1775.010\29049.6 property whether developed or undeveloped), but only to the extent that the City Council determines that such other portions of the Property are specially benefited by the Related Public Improvements. In making its determination, the City Council will take into consideration the special benefit, if any, received by other property within the District as a result of the Related Public Improvements. It is proposed that neither the Plano Parkway ROW nor the Railroad ROW receives a special benefit from the Related Public Improvements, therefore, no assessments will be levied against either right-of-way. (c) It is proposed that the City Council of the City levy the assessments described above only after notice and a public hearing as required by the Act, which assessments may be paid in full at any time, including accrued and unpaid interest; and if not paid in full, shall be paid in annual installments for a term that does not extend beyond the 40th anniversary of the date the City collects its first sales tax dollar from taxable sales occurring at the Facility. Annual installments shall be paid pursuant to a reimbursement agreement authorized by the Act between the City and Owner (or, as approved by the Owner, between the City and The Colony Economic Development Corporation, between the City and The Colony Community Development Corporation, or between the City and The Colony Local Development Corporation), as applicable, including principal, interest, costs of collection and delinquencies, and costs of administration. The reimbursement agreement may provide that the collection of annual installments, including the accrual of interest, be deferred or reduced on terms and conditions set forth in the agreement. The amount of an assessment against a lot, parcel, or tract, once levied, may be reduced but not increased; however, the amount of the annual installments of any assessment may be reduced or increased from year to year depending on variations in the costs of collection, delinquencies, and administration. If assessments are levied based on estimates of the costs of Authorized Public Improvements, the levy must be structured so that it will be reduced in the event the actual costs are less than the estimate. Section 5. Proposed Apportionment of Costs between the District and the City. The City shall not be obligated to provide any funds to pay for or finance the Authorized Public Improvements; all of which improvements shall be paid for or financed from assessments levied against the Property (save and except the Plano Parkway ROW and the Railroad ROW). Section 6. Management of the District. Owner proposes that the District be managed by the City with the assistance of consultants hired by the City and paid for as an administrative cost of the District. Section 7. Owner Requests Establishment of the District. Owner requests and concurs with the establishment of the District and with the levy of assessments against the Property to pay for or finance the Authorized Public Improvements to the extent the Authorized Public Improvements confer a special benefit on the Property. Section 8. Advisory Board. An advisory body may be established to develop and recommend an improvement plan to the City Council of the City; however, Owner proposes that the District be established and managed without an advisory body. Page 3 The Colony PID 1 Petition - EXECUTION 9.14.2012 1775.010\29049.6 This Petition is signed by Owner as the owner of approximately 98.8% of the Property, including 100% of the property liable for assessment. This Petition is sufficient to create the District under the Act because it is signed by: (1) the owners of taxable real property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) record owners of real property liable for assessment under the proposal who: (A) constitute more than fifty percent (50%) of all record owners of property that is liable for assessment under the proposal; or (B) own taxable real property that constitutes more than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal. RESPECTFULLY SUBMITTED this 14th day of September, 2012. 121 Acquisition Company, LLC, a Texas limited,l ability company By: e~ r W, 4,11 Jeff Lind;President Page 4 The Colony PID 1 Petition - EXECUTION 9.14.2012 1775.010\29049.6 Exhibit A Legal Description of the Property 439.12 Acres) Being a 439.12 acre tract of land situated in the B.B.B & C.R.R. Survey, Abstract No. 173, B.B.B. & C. Survey, Abstract No. 174, Thomas A. West Survey, Abstract No. 1344, and the M.D.T. Hallmark Survey, Abstract No. 570, Denton County, Texas, and being all of a tract of land conveyed by deed to 121 Acquisition Company, LLC., as recorded in Instrument No. 2011- 114773, 2011-121444, and 2011-112195, Deed Records, Denton County, Texas, and a portion of Plano Parkway and a portion of Burlington Northern Railroad tract, and being more particularly described as follows: BEGINNING at a found Txdot monument, said point being the northwest corner of said 121 Acquisition Company, LLC tract and being in the south right-of-way line of State Highway 121 (having a variable width R.O.W.); THENCE North 63°32'06" East, along said south right-of-way line, a distance of 130.52 feet to a point for corner; THENCE North 60°22'33" East, continuing along said south right-of-way line, a distance of 80.86 feet to a point for corner; THENCE South 29°13'03" East, continuing along said south right-of-way line, a distance of 50.00 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 219.64 feet to a point for corner, said point being in the west right-of-way line of Plano Parkway (100 ft R.0.W.); THENCE North 50°53'35" East, leaving said south right-of-way line, and leaving said west right-of-way line, a distance of 100.00 feet to a point for corner, for the beginning of a non- tangent curve to the right having a radius of 950.00 feet and a central angle of 1 °26'54" and a long chord which bears North 38°22'58" West, 24.01 feet, said point being in the east right-of- way line of said Plano Parkway; THENCE along said east right-of-way line, and along said non-tangent curve to the right an are distance of 24.01 feet to a point for coiner, said point being the most southerly point of a corner- clip of the intersection of said east right-of-way line of Plano Parkway and the south right-of- way line of said State highway 121; THENCE North 08°46'31" East, along said corner-clip, a distance of 26.03 feet to a point for corner, said point being in the south right-of-way line of said State highway 121; THENCE North 60°47'38" East, along said south right-of-way line, a distance of 203.71 feet to a point for corner; Exhibit A to The Colony PID Petition - Page 1 1775.010\29049.6 Exhibit A Legal Description of the Property (439.12 Acres) THENCE North 58°17'36" East, continuing along said south right-of-way line, a distance of 252.11 feet to a point for corner; THENCE North 55°47'40" East, continuing along said south right-of-way line, a distance of 105.11 feet to a point for corner; THENCE North 58°17'42" East, continuing along said south right-of-way line, a distance of 248.62 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 263.85 feet to a point for corner; THENCE North 76°30'51" East, continuing along said south right-of-way line, a distance of 92.27 feet to a point for corner; THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of 100.18 feet to a point for corner; THENCE North 60°16'36" East, continuing along said south right-of-way line, a distance of 39.88 feet to a point for corner; THENCE South 74°12'01" East, continuing along said south right-of-way line, a distance of 70.70 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 64.12 feet to a point for corner; THENCE North 15°47'17" East, continuing along said south right-of-way line, a distance of 73.27 feet to a point for corner; THENCE North 59°04'32" East, continuing along said south right-of-way line, a distance of 94.25 feet to a point for corner; THENCE North 55°39'04" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 47°37'54" East, continuing along said south right-of-way line, a distance of 114.18 feet to a point for corner; Exhibit A to The Colony PID Petition - Page 2 1775.010\29049.6 Exhibit A Legal Description of the Property 439.12 Acres) THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 3800.00 feet to a point for corner; THENCE North 65°20'10" East, continuing along said south right-of-way line, a distance of 189.41 feet to a point for corner; THENCE North 61 °56'23" East, continuing along said south right-of-way line, a distance of 100.02 feet to a point for corner; THENCE North 63°39'23" East, continuing along said south right-of-way line, a distance of 100.12 feet to a point for corner; THENCE North 64°47'53" East, continuing along said south right-of-way line, a distance of 100.24 feet to a point for corner; THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of 201.00 feet to a point for corner; THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of 100.50 feet to a point for corner; THENCE North 63°05'04" East, continuing along said south right-of-way line, a distance of 100.08 feet to a point for corner; THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of 100.18 feet to a point for corner; THENCE North 83°05'27" East, continuing along said south right-of-way line, a distance of 69.58 feet to a point for corner; THENCE North 60°39'18" East, continuing along said south right-of-way line, a distance of 33.81 feet to a point for corner, said point being in the west right-of-way line of Burlington Northern Railroad (having a variable width R.O.W.); THENCE North 60°38'52" East, leaving said west right-of-way line, a distance of 107.30 feet to a point for coiner, said point being in the east right-of-way line of said Burlington Northern Railroad; THENCE North 60°45'58" East, leaving said east right-of-way line, continuing along said south Exhibit A to The Colony PID Petition - Page 3 1775.010\29049.6 Exhibit A Legal Description of the Property (439.12 Acres) right-of-way line of State Highway 121, a distance of 254.35 feet to a point for corner; THENCE North 63°19'02" East, continuing along said south right-of-way line, a distance of 585.96 feet to a point for corner; THENCE North 60°52'09" East, continuing along said south right-of-way line, a distance of 369.37 feet to a point for corner, said point being in the west right-of-way line of West Spring Creek Parkway (having a 160 ft R.O.W); THENCE South 29°24'43" East, leaving said south right-of-way line, and along said west right- of-way line, a distance of 265.52 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 970.00 feet and a central angle of 29°13'42", and a long chord which bears South 14°53'13" East, 489.48 feet; THENCE continuing along said west right-of-way line, and along said non-tangent curve to the right an arc distance of 494.83 feet to a point for corner; THENCE South 00°22'42" East, continuing along said west right-of-way line, a distance of 476.17 feet to a point for corner; THENCE South 00°23'35" East, continuing along said west right-of-way line, a distance of 864.92 feet to a point for corner, said point being in the north line of Kings Ridge Addition, Phase Three, as recorded in Cabinet X, Page 450, Plat Records, Denton County, Texas; THENCE South 89°40'20" West, leaving said west right-of-way line, and along said north line, a distance of 1199.93 feet to a point for corner, said point being in the east right-of-way line of said Burlington Northern Railroad; THENCE North 87°39'44" West, leaving said north line, leaving said east right-of-way line, a distance of 101.16 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 3703.75 feet and a central angle of 3°44'19" and a long chord which bears South 04°12'25" West, 241.62 feet, said point being in the west right-of-way line of said Burlington Northern Railroad; THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 241.67 feet to a point for corner; THENCE South 06°04'35" West, continuing along said east right-of-way line, a distance of 2524.64 feet to a point for corner; THENCE North 83°17'00" West, continuing along said east right-of-way line, a distance of 190.16 feet to a point for corner; Exhibit A to The Colony PID Petition - Page 4 1775.010\29049.6 Exhibit A Legal Description of the Property 439.12 Acre THENCE South 00°51'51" East, continuing along said east right-of-way line, a distance of 970.10 feet to a point for corner; THENCE South 89°03'50" West, continuing along said east right-of-way line, a distance of 31.06 feet to a point for corner; THENCE South 01'14'37" East, continuing along said east right-of-way line, a distance of 447.78 feet to a point for corner; THENCE North 87°06'22" West, leaving said east right-of-way line, a distance of 1240.48 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1130.00 feet and a central angle of 103°16'58", and a long chord which bears North 38°43'34" West, 1772.16 feet, said point being in the east right-of-way line of said Plano Parkway; THENCE along said east right-of-way line, and along said non-tangent curve to the left an are distance of 2036.97 feet to a point for corner; THENCE South 89°38'05" West, continuing along said east right-of-way line, a distance of 647.23 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 950.00 feet and a central angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet; THENCE continuing along said east right-of-way line, and along said non-tangent curve to the right an are distance of 664.77 feet to a point for corner, for the beginning of a reverse curve to the left having a radius of 1050.00 feet and a central angle of 40°15'06" and a long chord which bears North 70°25'01 " West, 722.57 feet; THENCE continuing along said east right-of-way line, and along said curve to the left an arc distance of 737.65 feet to a point for corner; THENCE South 89°31'25" West, continuing along said east right-of-way line, a distance of 623.83 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of 0°48'07", and a long chord which bears South 89°55'28" West, 13.21 feet; THENCE continuing along said east right-of-way line, along said curve to the right, an arc distance of 13.21 feet to a point for corner; THENCE South 00°19'22" West, leaving said east right-of-way line, a distance of 100.00 feet to a point for corner, said point being in the west right-of-way line of said Plano Parkway; Exhibit A to The Colony PID Petition - Page 5 1775.010\29049.6 Exhibit A Legal Description of the Property (439.12 Acres) THENCE South 89°58'40" West, leaving said west right-of-way line, a distance of 1210.45 feet to a point for corner; THENCE North 00°25'18" West, a distance of 226.47 feet to the POINT OF BEGINNING and CONTAINING 19,128,279 square feet, 439.12 acres of land, more or less. Exhibit A to The Colony PID Petition - Page 6 1775.010\29049.6 Exhibit B Depiction of the Property T O i v - n i t t - , & I L I ' tOWN J , I BIND HEADQUARTERS DRIVE - 0, - PLANO ~<LO CITY a-MII PROJECT SITE s'~Q~~\G~• LCITYLIMIT SP~~N~iL+--_-K1b Po of I 1 PARI SAY c~i . L BEGINNING! a _ 0071. o LEWISVILLE CITY LIMIT , Z CITY uM1T - _ Z, I ~ - ~I•_ I is WINDH IVE PARKWAY ' HEBRON [nn SCALE: 1"=2000' Graham Associates,ln ® CONSULTING ENGINEERS PLANNERS NO s>x FLAGS SUM 590 EXHIBIT B ARLINGTON, TEXAS 76011 (617) 9408535 TBPE FIRM; F-119M BALS FIRM: 10153&00 DRAWN Br M DATE: SEPTEMBER 2012 Exhibit B to The Colony PID Petition - Page 1 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner Tract 1 - 5.02 Acres BEING a 5.02 acre tract of land situated in the B.B.B. & C.R. Survey, Abstract No. 173, City of The Colony, Denton County, Texas, and being part of a tract of land described as Tract 11 as conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton County, Texas. Said 5.02 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 inch iron rod with KHA cap for corner, being the intersection of the south right-of-way line of State Highway 121 (a variable width R.O.W.) and the southwest right- of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent curve to the left having a radius of 1050.00 feet, a central angle of 50°34' 13" and a long chord which bears South 64°23'31" East, 896.96 feet; THENCE southeasterly, along said southwest right-of-way line of Plano Parkway and said non- tangent curve to the left, an arc distance of 926.75 feet to a point for corner, being in the north line of a tract of land conveyed by deed to CB/Tittle, Ltd., as recorded in Instrument No. 99- R0007181, Official Public Records, Denton County, Texas; THENCE South 89°58'40" West, leaving said southwest right-of-way line and following along said north line of CB/Tittle tract, at a distance of 1009.25 feet passing the northeast corner of a tract of land described as Tract F3, as conveyed by deed to Castle Hills Property Company, as recorded in Instrument No. 2006-153339, Official Public Records, Denton County, Texas, and continuing with the north line of said Castle Hills Property Company tract, for a total distance of 1210.45 feet to a point for corner; THENCE North 00°25' 18" West, with the northernmost east line of said Castle Hills Property Company tract, at a distance of 97.47 feet passing the northernmost corner, and continuing with said south right-of-way line of State Highway 121, for a total distance of 226.47 feet to a point for corner; THENCE continuing with said south right-of-way line of State Highway 121 as follows: North 63°32'06" East, for a distance of 130.52 feet to a point for corner; North 60°22'33" East, for a distance of 80.86 feet to a point for corner; South 29°13'03" East, for a distance of 50.00 feet to a point for corner; North 60°47'38" East, for a distance of 219.64 feet to the POINT OF BEGINNING and CONTAINING 218,740 square feet or 5.02 acres of land, more or less. Exhibit C to The Colony PID Petition - Page 1 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner Tract 2 - 377.68 Acres BEING a 377.68 acre tract of land situated in the Thomas A. West Survey, Abstract No. 1344, the B.B.B. & C.R. Survey, Abstract No. 173, the B.B.B. & C.R. Survey, Abstract No. 174 and the M.D.T. Hallmark Survey, Abstract No. 570, City of The Colony, Denton County, Texas, being part of a tract of land described as Tract I as conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton County, Texas, being part of a called 122.8106 acre tract of land conveyed by Correction Deeds to Crow-Billingsley UMF Plano, Ltd., as recorded in Instrument No. 2004-44212, 2004-44213, 2004-44214 and 2004-44218, Official Public Records, Denton County, Texas, and being a part of McKamy Road (an unrecorded right-of-way) SAVE AND EXCEPT those certain tracts of land conveyed in deeds recorded in Volume 5366, Page 977, Instrument No. 2006-49955, 2006- 49957 and 2006-75193, Official Public Records, Denton County, Texas. Said remaining 377.68 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said 377.68 acre tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of-way line of Burlington Northern Railroad (a 100 foot R.O.W. at this point); THENCE continuing with said west right-of-way line of Burlington Northern Railroad as follows: THENCE South 06°59'58" East, for a distance of 832.17 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 3703.75 feet, a central angle of 13°04'33" and a long chord which bears South 00°27'42" East, 843.42 feet; THENCE southeasterly, along said curve to the right, an arc distance of 845.26 feet to a point for corner; THENCE South 06°04'35" West, for a distance of 2524.64 feet to a point for corner; THENCE North 83°17'00" West, for a distance of 190.16 feet to a point for corner; THENCE South 00°51'51" East, for a distance of 970.10 feet to a point for corner; THENCE South 89°03'50" West, for a distance of 31.58 feet to a point for corner; THENCE South 01°14'37" East, for a distance of 448.38 feet to a point for corner, being the northeast corner of a tract of land conveyed by deed to Frankford Road Investors No. 1, as recorded in Instrument No. 2006-49957, Official Public Records, Denton County, Texas; THENCE North 87°06'22" West, leaving said west right-of-way line and following along the Exhibit C to The Colony PID Petition - Page 2 1775.010\29049.6 Exhibit C Le17al Description of the 433.81 Acres of Owner north line of said Frankford Road Investors No. 1, for a distance of 1240.48 feet to a point for corner, being in the northerly right-of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent curve to the left having a radius of 1130.00 feet, a central angle of 103°16'58" and a long chord which bears North 38°43'34" West, 1772.16 feet; THENCE continuing with said northerly right-of-way line of Plano Road as follows: THENCE northwesterly, along said non-tangent curve to the left, an arc distance of 2036.97 feet to a point for corner; THENCE South 89°38'05" West, for a distance of 647.23 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 950.00 feet, a central angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet; THENCE northwesterly, along said non-tangent curve to the right, an arc distance of 664.77 feet to a point for corner, being the beginning of a reverse curve to the left having a radius of 1050.00 feet, a central angle of 40°14'10" and a long chord which bears North 70°21'30" West, 722.31 feet; THENCE northwesterly, along said reverse curve to the left, an arc distance of 737.37 feet to a point for corner; THENCE South 89°31'25" West, for a distance of 623.83 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of 52°49'04" and a long chord which bears North 64°04'03" West, 845.07 feet; THENCE northwesterly, along said curve to the right, an arc distance of 875.75 feet to a point for corner, being the most southerly point of a corner-clip with said south right-of-way line of Sam Rayburn Tollway (State Highway 121); THENCE North 08°46'31" East, along said corner-clip, for a distance of 26.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway (State Highway 121); THENCE continuing with said south right-of-way line of Sam Rayburn Tollway (State Highway 121) as follows: THENCE North 60°47'38" East, for a distance of 203.71 feet to a point for corner; Exhibit C to The Colony PID Petition - Page 3 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner THENCE North 58°17'36" East, for a distance of 252.11 feet to a point for corner; THENCE North 55°47'40" East, for a distance of 105.11 feet to a point for corner; THENCE North 58°17'42" East, for a distance of 248.62 feet to a point for corner; THENCE North 60°47'38" East, for a distance of 263.85 feet to a point for corner; THENCE North 76°30'51 " East, for a distance of 92.27 feet to a point for corner; THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for corner; THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner; THENCE North 60°16'36" East, for a distance of 39.88 feet to a point for corner; THENCE South 74° 12'01 " East, for a distance of 70.70 feet to a point for corner; THENCE North 60°47'38" East, for a distance of 64.12 feet to a point for corner; THENCE North 15°47'17" East, for a distance of 73.27 feet to a point for corner; THENCE North 59°04'32" East, for a distance of 94.25 feet to a point for corner; THENCE North 55°39'04" East, for a distance of 100.40 feet to a point for corner; THENCE North 47°37'54" East, for a distance of 114.18 feet to a point for corner; THENCE North 60°47'38" East, for a distance of 3800.00 feet to a point for corner; THENCE North 65°20'10" East, for a distance of 189.41 feet to a point for corner; THENCE North 61 °56'23" East, for a distance of 100.02 feet to a point for corner; THENCE North 63°39'23" East, for a distance of 100.12 feet to a point for corner; THENCE North 64°47'53" East, for a distance of 100.24 feet to a point for corner; THENCE North 66°30'16" East, for a distance of 201.00 feet to a point for corner; THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for corner; THENCE North 66°30'16" East, for a distance of 100.50 feet to a point for corner; Exhibit C to The Colony PID Petition - Page 4 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner THENCE North 63°05'04" East, for a distance of 100.08 feet to a point for corner; THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner; THENCE North 83°05'27" East, for a distance of 69.58 feet to a point for corner; THENCE North 60°39'18" East, for a distance of 33.81 feet to the POINT OF BEGINNING and CONTAINING 16,451,919 square feet or 377.68 acres of land, more or less. Exhibit C to The Colony PID Petition - Page 5 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner Tract 3 - 51.11 Acres BEING a 51.11 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611 and the B.B.B. & C.R. Survey, Abstract No. 174, City of The Colony, Denton County, Texas, and being all of a called 27.073 acre tract of land conveyed by deed to Sealy Spring Creek Partners, L.P., as recorded in Instrument No. 2007-83136 and all of a called 23.990 acre tract of land conveyed by deed to Whiteford Limited Partners, as recorded in Instrument No. 2004-132215 Official Public Records, Denton County, Texas. Said 51.11 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said Sealy Spring Creek Partners tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of-way line of West Spring Creek Parkway (a 160 foot R.O.W.); THENCE South 29°24'43" East, along said west right-of-way line of West Spring Creek Parkway, for a distance of 265.52 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 970.00 feet, a central angle of 29°13'42" and a long chord which bears South 14°53'13" East, 489.48 feet; THENCE southeasterly, along said west right-of-way line and said non-tangent curve to the right, an arc distance of 494.83 feet to a point for corner; THENCE South 00°22'42" East, continuing along said west right-of-way line, for a distance of 476.17 feet to a point for coiner, being the northeast corner of said Whiteford Limited Partners tract; THENCE South 00°23'35" East, continuing along said west right-of-way line, for a distance of 864.92 feet to a point for corner, being the northeast corner of Lot 1, Block A, Kings Ridge Addition, Phase Three, an addition to the City of Plano, as recorded in Cabinet X, Page 450, Plat Records, Denton County, Texas; THENCE South 89°40'20" West, leaving said west right-of-way line, and following along the south line of said Whiteford Limited Partners tract and the north line of said Block A, Kings Ridge Addition, Phase Three, being a common line, for a distance of 1199.93 feet to a point for corner, being the northwest coiner of Lot 23 of said Block A, Kings Ridge Addition, Phase Three, being in the east right-of-way line of Burlington Northern Railroad (a 100 foot R.O.W. at this point), and being the beginning of a non-tangent curve to the left having a radius of 3487.75 feet, a central angle of 8°31'36" and a long chord which bears North 01°45'21" West, 518.57 feet; THENCE northwesterly, leaving said common line, and following along said east right-of-way Exhibit C to The Colony PID Petition - Page 6 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner line of Burlington Northern Railroad and said non-tangent curve to the left, an arc distance of 519.05 feet to a point for corner; THENCE North 06°43'29" West, continuing along said east right-of-way line, for a distance of 345.89 feet to a point for corner, being the northwest corner of said Whiteford Limited Partners tract; THENCE North 07°03'01" West, continuing along said east right-of-way line, for a distance of 628.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway; THENCE North 60°45'58" East, leaving said east right-of-way line and following along said south right-of-way line of Sam Rayburn Tollway, for a distance of 254.35 feet to a point for corner; THENCE North 63°19'02" East, continuing along said south right-of-way line, for a distance of 585.96 feet to a point for corner; THENCE North 60°52'09" East, continuing along said south right-of-way line, for a distance of 369.37 feet to the POINT OF BEGINNING and CONTAINING 2,226,193 square feet or 51.11 acres of land, more or less. Exhibit C to The Colony PID Petition - Page 7 1775.010\29049.6 Exhibit A Legal Description of the Property (439.12 Acres) Being a 439.12 acre tract of land situated in the B.B.B & C.R.R. Survey, Abstract No. 173, B.B.B. & C. Survey, Abstract No. 174, Thomas A. West Survey, Abstract No. 1344, and the M.D.T. Hallmark Survey, Abstract No. 570, Denton County, Texas, and being all of a tract of land conveyed by deed to 121 Acquisition Company, LLC., as recorded in Instrument No. 2011- 114773, 2011-121444, and 2011-112195, Deed Records, Denton County, Texas, and a portion of Plano Parkway and a portion of Burlington Northern Railroad tract, and being more particularly described as follows: BEGINNING at a found Txdot monument, said point being the northwest comer of said 121 Acquisition Company, LLC tract and being in the south right-of-way line of State Highway 121 (having a variable width R.O.W.); THENCE North 63°32'06" East, along said south right-of-way line, a distance of 130.52 feet to a point for corner; THENCE North 60°22'33" East, continuing along said south right-of-way line, a distance of 80.86 feet to a point for corner; THENCE South 29°13'03" East, continuing along said south right-of-way line, a distance of 50.00 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 219.64 feet to a point for corner, said point being in the west right-of-way line of Plano Parkway (100 ft R.O. W.); THENCE North 50°53'35" East, leaving said south right-of-way line, and leaving said west right-of-way line, a distance of 100.00 feet to a point for corner, for the beginning of a non- tangent curve to the right having a radius of 950.00 feet and a central angle of 1 °26'54" and a long chord which bears North 38°22'58" West, 24.01 feet, said point being in the east right-of- way line of said Plano Parkway; THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 24.01 feet to a point for corner, said point being the most southerly point of a corner- clip of the intersection of said east right-of-way line of Plano Parkway and the south right-of- way line of said State highway 121; THENCE North 08'46'31 East, along said corner-clip, a distance of 26.03 feet to a point for corner, said point being in the south right-of-way line of said State highway 121; THENCE North 60°47'38" East, along said south right-of-way line, a distance of 203.71 feet to a point for corner; Exhibit A to The Colony PID Petition - Page 1 1775.010\29049.6 Exhibit A Legal Description of the Property (439.12 Acres) THENCE North 58°17'36" East, continuing along said south right-of-way line, a distance of 252.11 feet to a point for corner; THENCE North 55'47'40" East, continuing along said south right-of-way line, a distance of 105.11 feet to a point for corner; THENCE North 58°17'42" East, continuing along said south right-of-way line, a distance of 248.62 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 263.85 feet to a point for corner; THENCE North 76°30'51" East, continuing along said south right-of-way line, a distance of 92.27 feet to a point for corner; THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of 100.18 feet to a point for corner; THENCE North 60°16'36" East, continuing along said south right-of-way line, a distance of 39.88 feet to a point for corner; THENCE South 74°12'01" East, continuing along said south right-of-way line, a distance of 70.70 feet to a point for corner; THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 64.12 feet to a point for corner; THENCE North 15°47'17" East, continuing along said south right-of-way line, a distance of 73.27 feet to a point for corner; THENCE North 59°04'32" East, continuing along said south right-of-way line, a distance of 94.25 feet to a point for corner; THENCE North 55°39'04" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 47°37'54" East, continuing along said south right-of-way line, a distance of 114.18 feet to a point for corner; Exhibit A to The Colony PID Petition - Page 2 1775.010\29049.6 Exhibit A Legal Description of the Property (439.12 Acres) THENCE North 60°47'38" East, continuing along said south right-of-way line, a distance of 3800.00 feet to a point for corner; THENCE North 65°20'10" East, continuing along said south right-of-way line, a distance of 189.41 feet to a point for corner; THENCE North 61 °56'23" East, continuing along said south right-of-way line, a distance of 100.02 feet to a point for corner; THENCE North 63°39'23" East, continuing along said south right-of-way line, a distance of 100.12 feet to a point for corner; THENCE North 64°47'53" East, continuing along said south right-of-way line, a distance of 100.24 feet to a point for corner; THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of 201.00 feet to a point for corner; THENCE North 65°56'12" East, continuing along said south right-of-way line, a distance of 100.40 feet to a point for corner; THENCE North 66°30'16" East, continuing along said south right-of-way line, a distance of 100.50 feet to a point for corner; THENCE North 63°05'04" East, continuing along said south right-of-way line, a distance of 100.08 feet to a point for corner; THENCE North 64°13'39" East, continuing along said south right-of-way line, a distance of 100.18 feet to a point for corner; THENCE North 83°05'27" East, continuing along said south right-of-way line, a distance of 69.58 feet to a point for corner; THENCE North 60°39'18" East, continuing along said south right-of-way line, a distance of 33.81 feet to a point for corner, said point being in the west right-of-way line of Burlington Northern Railroad (having a variable width R.O.W.); THENCE North 60°38'52" East, leaving said west right-of-way line, a distance of 107.30 feet to a point for corner, said point being in the east right-of-way line of said Burlington Northern Railroad; THENCE North 60°45'58" East, leaving said east right-of-way line, continuing along said south Exhibit A to The Colony PID Petition - Page 3 1775.010\29049.6 Exhibit A Legal Description of the Property (439.12 Acres) right-of-way line of State Highway 121, a distance of 254.35 feet to a point for corner; THENCE North 63'19'02" East, continuing along said south right-of-way line, a distance of 585.96 feet to a point for corner; THENCE North 60°52'09" East, continuing along said south right-of-way line, a distance of 369.37 feet to a point for corner, said point being in the west right-of-way line of West Spring Creek Parkway (having a 160 ft R.O.W.); THENCE South 29°24'43" East, leaving said south right-of-way line, and along said west right- of-way line, a distance of 265.52 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 970.00 feet and a central angle of 29°13'42", and a long chord which bears South 14°53'13" East, 489.48 feet; THENCE continuing along said west right-of-way line, and along said non-tangent curve to the right an arc distance of 494.83 feet to a point for corner; THENCE South 00°22'42" East, continuing along said west right-of-way line, a distance of 476.17 feet to a point for corner; THENCE South 00°23'35" East, continuing along said west right-of-way line, a distance of 864.92 feet to a point for corner, said point being in the north line of Kings Ridge Addition, Phase Three, as recorded in Cabinet X, Page 450, Plat Records, Denton County, Texas; THENCE South 89°40'20" West, leaving said west right-of-way line, and along said north line, a distance of 1199.93 feet to a point for corner, said point being in the east right-of-way line of said Burlington Northern Railroad; THENCE North 87°39'44" West, leaving said north line, leaving said east right-of-way line, a distance of 101.16 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 3703.75 feet and a central angle of 3°44'19" and a long chord which bears South 04°12'25" West, 241.62 feet, said point being in the west right-of-way line of said Burlington Northern Railroad; THENCE along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 241.67 feet to a point for corner; THENCE South 06°04'35" West, continuing along said east right-of-way line, a distance of 2524.64 feet to a point for corner; THENCE North 83°17'00" West, continuing along said east right-of-way line, a distance of 190.16 feet to a point for corner; Exhibit A to The Colony PID Petition - Page 4 1775.010\29049.6 Exhibit A Legal Description of the Property (439.12 Acres) THENCE South 00°51'51" East, continuing along said east right-of-way line, a distance of 970.10 feet to a point for corner; THENCE South 89°03'50" West, continuing along said east right-of-way line, a distance of 31.06 feet to a point for corner; THENCE South 01°14'37" East, continuing along said east right-of-way line, a distance of 447.78 feet to a point for corner; THENCE North 87°06'22" West, leaving said east right-of-way line, a distance of 1240.48 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1130.00 feet and a central angle of 103°16'58", and a long chord which bears North 38°43'34" West, 1772.16 feet, said point being in the east right-of-way line of said Plano Parkway; THENCE along said east right-of-way line, and along said non-tangent curve to the left an arc distance of 2036.97 feet to a point for corner; THENCE South 89°38'05" West, continuing along said east right-of-way line, a distance of 647.23 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 950.00 feet and a central angle of 40°05'36" and a long chord which bears North 70° 19'29" West, 651.29 feet; THENCE continuing along said east right-of-way line, and along said non-tangent curve to the right an arc distance of 664.77 feet to a point for corner, for the beginning of a reverse curve to the left having a radius of 1050.00 feet and a central angle of 40°15'06" and a long chord which bears North 70°25'01 " West, 722.57 feet; THENCE continuing along said east right-of-way line, and along said curve to the left an arc distance of 737.65 feet to a point for corner; THENCE South 89°31'25" West, continuing along said east right-of-way line, a distance of 623.83 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of 0°48'07", and a long chord which bears South 89°55'28" West, 13.21 feet; THENCE continuing along said east right-of-way line, along said curve to the right, an arc distance of 13.21 feet to a point for corner; THENCE South 00°19'22" West, leaving said east right-of-way line, a distance of 100.00 feet to a point for corner, said point being in the west right-of-way line of said Plano Parkway; Exhibit A to The Colony PID Petition - Page 5 1775.010\29049.6 Exhibit A Legal Description of the Property (439.12 Acres) THENCE South 89°58'40" West, leaving said west right-of-way line, a distance of 1210.45 feet to a point for corner; THENCE North 00'25'18 " West, a distance of 226.47 feet to the POINT OF BEGINNING and CONTAINING 19,128,279 square feet, 439.12 acres of land, more or less. Exhibit A to The Colony PID Petition - Page 6 1775.010\29049.6 Exhibit B Depiction of the Property t . THE COLONY - _ _ - ~ UNTRY I I II '01 BL D. N - HEADQUARTERS ONE m. j A!" PLANO - CITY LIMIT _ i PROJECT - 2 SITE CITY LIMIT SPR~NGCR_ ~fKPpRKW P h _ _ z AY POINT OF PARKWAY BEGINNING 2' - L 10 LEWISVILLE CITY LIMIT i CITY Lim. HEBRON WINDHAVE i PARKWAY - n SCALE: 1"=2000' Graham Associates,Inc. CONSULTING ENGINEERS & PLANNERS EXHIBIT B J) eoo s+x FLAGS owvs, suriE soo ARLINGTON, TEXAS 76011 (817) 8408535 TBPE FIRM: F-1191RBPLS FIRM: 1015384X1 DRAWN BY. (CAI DATE: SEPTEMBER 2012 Exhibit B to The Colony PID Petition - Page 1 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner Tract 1 - 5.02 Acres BEING a 5.02 acre tract of land situated in the B.B.B. & C.R. Survey, Abstract No. 173, City of The Colony, Denton County, Texas, and being part of a tract of land described as Tract II as conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton County, Texas. Said 5.02 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 inch iron rod with KHA cap for corner, being the intersection of the south right-of-way line of State Highway 121 (a variable width R.O.W.) and the southwest right- of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent curve to the left having a radius of 1050.00 feet, a central angle of 50°34' 13" and a long chord which bears South 64°23'31" East, 896.96 feet; THENCE southeasterly, along said southwest right-of-way line of Plano Parkway and said non- tangent curve to the left, an arc distance of 926.75 feet to a point for corner, being in the north line of a tract of land conveyed by deed to CB/Tittle, Ltd., as recorded in Instrument No. 99- R0007181, Official Public Records, Denton County, Texas; THENCE South 89°58'40" West, leaving said southwest right-of-way line and following along said north line of CB/Tittle tract, at a distance of 1009.25 feet passing the northeast corner of a tract of land described as Tract F3, as conveyed by deed to Castle Hills Property Company, as recorded in Instrument No. 2006-153339, Official Public Records, Denton County, Texas, and continuing with the north line of said Castle Hills Property Company tract, for a total distance of 1210.45 feet to a point for corner; THENCE North 00°25' 18" West, with the northernmost east line of said Castle Hills Property Company tract, at a distance of 97.47 feet passing the northernmost corner, and continuing with said south right-of-way line of State Highway 121, for a total distance of 226.47 feet to a point for corner; THENCE continuing with said south right-of-way line of State Highway 121 as follows: North 63°32'06" East, for a distance of 130.52 feet to a point for corner; North 60°22'33" East, for a distance of 80.86 feet to a point for corner; South 29°13'03" East, for a distance of 50.00 feet to a point for corner; North 60°47'38" East, for a distance of 219.64 feet to the POINT OF BEGINNING and CONTAINING 218,740 square feet or 5.02 acres of land, more or less. Exhibit C to The Colony PID Petition - Page 1 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner Tract 2 - 377.68 Acres BEING a 377.68 acre tract of land situated in the Thomas A. West Survey, Abstract No. 1344, the B.B.B. & C.R. Survey, Abstract No. 173, the B.B.B. & C.R. Survey, Abstract No. 174 and the M.D.T. Hallmark Survey, Abstract No. 570, City of The Colony, Denton County, Texas, being part of a tract of land described as Tract I as conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton County, Texas, being part of a called 122.8106 acre tract of land conveyed by Correction Deeds to Crow-Billingsley UMF Plano, Ltd., as recorded in Instrument No. 2004-44212, 2004-44213, 2004-44214 and 2004-44218, Official Public Records, Denton County, Texas, and being a part of McKamy Road (an unrecorded right-of-way) SAVE AND EXCEPT those certain tracts of land conveyed in deeds recorded in Volume 5366, Page 977, Instrument No. 2006-49955, 2006- 49957 and 2006-75193, Official Public Records, Denton County, Texas. Said remaining 377.68 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said 377.68 acre tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of-way line of Burlington Northern Railroad (a 100 foot R.O.W. at this point); THENCE continuing with said west right-of-way line of Burlington Northern Railroad as follows: THENCE South 06°59'58" East, for a distance of 832.17 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 3703.75 feet, a central angle of 13°04'33" and a long chord which bears South 00°27'42" East, 843.42 feet; THENCE southeasterly, along said curve to the right, an arc distance of 845.26 feet to a point for corner; THENCE South 06°04'35" West, for a distance of 2524.64 feet to a point for corner; THENCE North 83°17'00" West, for a distance of 190.16 feet to a point for corner; THENCE South 00°51'51 " East, for a distance of 970.10 feet to a point for corner; THENCE South 89°03'50" West, for a distance of 31.58 feet to a point for corner; THENCE South 01°14'37" East, for a distance of 448.38 feet to a point for corner, being the northeast corner of a tract of land conveyed by deed to Frankford Road Investors No. 1, as recorded in Instrument No. 2006-49957, Official Public Records, Denton County, Texas; THENCE North 87°06'22" West, leaving said west right-of-way line and following along the Exhibit C to The Colony PID Petition - Page 2 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner north line of said Frankford Road Investors No. 1, for a distance of 1240.48 feet to a point for corner, being in the northerly right-of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent curve to the left having a radius of 1130.00 feet, a central angle of 103°16'58" and a long chord which bears North 38°43'34" West, 1772.16 feet; THENCE continuing with said northerly right-of-way line of Plano Road as follows: THENCE northwesterly, along said non-tangent curve to the left, an arc distance of 2036.97 feet to a point for corner; THENCE South 89°38'05" West, for a distance of 647.23 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 950.00 feet, a central angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet; THENCE northwesterly, along said non-tangent curve to the right, an arc distance of 664.77 feet to a point for corner, being the beginning of a reverse curve to the left having a radius of 1050.00 feet, a central angle of 40°14'10" and a long chord which bears North 70°21'30" West, 722.31 feet; THENCE northwesterly, along said reverse curve to the left, an arc distance of 737.37 feet to a point for corner; THENCE South 89°31'25" West, for a distance of 623.83 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of 52°49'04" and a long chord which bears North 64°04'03" West, 845.07 feet; THENCE northwesterly, along said curve to the right, an arc distance of 875.75 feet to a point for corner, being the most southerly point of a corner-clip with said south right-of-way line of Sam Rayburn Tollway (State Highway 121); THENCE North 08°46'31" East, along said corner-clip, for a distance of 26.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway (State Highway 121); THENCE continuing with said south right-of-way line of Sam Rayburn Tollway (State Highway 121) as follows: THENCE North 60°47'38" East, for a distance of 203.71 feet to a point for corner; Exhibit C to The Colony PID Petition - Page 3 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner THENCE North 58°17'36" East, for a distance of 252.11 feet to a point for corner; THENCE North 55°47'40" East, for a distance of 105.11 feet to a point for corner; THENCE North 58°17'42" East, for a distance of 248.62 feet to a point for corner; THENCE North 60°47'38" East, for a distance of 263.85 feet to a point for corner; THENCE North 76°30'51" East, for a distance of 92.27 feet to a point for corner; THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for corner; THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner; THENCE North 60°16'36" East, for a distance of 39.88 feet to a point for corner; THENCE South 74°12'01" East, for a distance of 70.70 feet to a point for corner; THENCE North 60°47'3 8" East, for a distance of 64.12 feet to a point for corner; THENCE North 15°47'17" East, for a distance of 73.27 feet to a point for corner; THENCE North 59°04'32" East, for a distance of 94.25 feet to a point for corner; THENCE North 55°39'04" East, for a distance of 100.40 feet to a point for corner; THENCE North 47°37'54" East, for a distance of 114.18 feet to a point for corner; THENCE North 60°47'38" East, for a distance of 3800.00 feet to a point for corner; THENCE North 65°20'10" East; for a distance of 189.41 feet to a point for corner; THENCE North 61 °56'23" East, for a distance of 100.02 feet to a point for corner; THENCE North 63°39'23" East, for a distance of 100.12 feet to a point for corner; THENCE North 64°47'53" East, for a distance of 100.24 feet to a point for corner; THENCE North 66°30'16" East, for a distance of 201.00 feet to a point for corner; THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for corner; THENCE North 66°30'16" East, for a distance of 100.50 feet to a point for corner; Exhibit C to The Colony PID Petition - Page 4 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner THENCE North 63°05'04" East, for a distance of 100.08 feet to a point for corner; THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner; THENCE North 83°05'27" East, for a distance of 69.58 feet to a point for corner; THENCE North 60°39'18" East, for a distance of 33.81 feet to the POINT OF BEGINNING and CONTAINING 16,451,919 square feet or 377.68 acres of land, more or less. Exhibit C to The Colony PID Petition - Page 5 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner Tract 3 - 51.11 Acres BEING a 51.11 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611 and the B.B.B. & C.R. Survey, Abstract No. 174, City of The Colony, Denton County, Texas, and being all of a called 27.073 acre tract of land conveyed by deed to Sealy Spring Creek Partners, L.P., as recorded in Instrument No. 2007-83136 and all of a called 23.990 acre tract of land conveyed by deed to Whiteford Limited Partners, as recorded in Instrument No. 2004-132215 Official Public Records, Denton County, Texas. Said 51.11 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said Sealy Spring Creek Partners tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of-way line of West Spring Creek Parkway (a 160 foot R.O.W.); THENCE South 29°24'43" East, along said west right-of-way line of West Spring Creek Parkway, for a distance of 265.52 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 970.00 feet, a central angle of 29°13'42" and a long chord which bears South 14°53'13" East, 489.48 feet; THENCE southeasterly, along said west right-of-way line and said non-tangent curve to the right, an arc distance of 494.83 feet to a point for corner; THENCE South 00°22'42" East, continuing along said west right-of-way line, for a distance of 476.17 feet to a point for corner, being the northeast corner of said Whiteford Limited Partners tract; THENCE South 00°23'35" East, continuing along said west right-of-way line, for a distance of 864.92 feet to a point for corner, being the northeast comer of Lot 1, Block A, Kings Ridge Addition, Phase Three, an addition to the City of Plano, as recorded in Cabinet X, Page 450, Plat Records, Denton County, Texas; THENCE South 89°40'20" West, leaving said west right-of-way line, and following along the south line of said Whiteford Limited Partners tract and the north line of said Block A, Kings Ridge Addition, Phase Three, being a common line, for a distance of 1199.93 feet to a point for corner, being the northwest corner of Lot 23 of said Block A, Kings Ridge Addition, Phase Three, being in the east right-of-way line of Burlington Northern Railroad (a 100 foot R.O. W. at this point), and being the beginning of a non-tangent curve to the left having a radius of 3487.75 feet, a central angle of 8°31'36" and a long chord which bears North 01°45'21" West, 518.57 feet; THENCE northwesterly, leaving said common line, and following along said east right-of-way Exhibit C to The Colony PID Petition - Page 6 1775.010\29049.6 Exhibit C Legal Description of the 433.81 Acres of Owner line of Burlington Northern Railroad and said non-tangent curve to the left, an arc distance of 519.05 feet to a point for corner; THENCE North 06°43'29" West, continuing along said east right-of-way line, for a distance of 345.89 feet to a point for corner, being the northwest corner of said Whiteford Limited Partners tract; THENCE North 07°03'01" West, continuing along said east right-of-way line, for a distance of 628.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway; THENCE North 60°45'58" East, leaving said east right-of-way line and following along said south right-of-way line of Sam Rayburn Tollway, for a distance of 254.35 feet to a point for corner; THENCE North 63°19'02" East, continuing along said south right-of-way line, for a distance of 585.96 feet to a point for corner; THENCE North 60°52'09" East, continuing along said south right-of-way line, for a distance of 369.37 feet to the POINT OF BEGINNING and CONTAINING 2,226,193 square feet or 51.11 acres of land, more or less. Exhibit C to The Colony PID Petition - Page 7 1775.010\290}9.6 Exhibit B [Form of Published Notice] Page 4 THE CITY OF THE COLONY, TEXAS, NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ESTABLISHMENT OF CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO. 1 Pursuant to Chapter 372, Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of The Colony, Texas (the "C") has received a petition (the "Petition," a copy of which is available at City Hall, 6800 Main Street, The Colony, Texas) signed by the owner of land within the corporate limits of the City requesting the establishment of the City of The Colony Public Improvement District No. 1 (the "District") and will hold a public hearing to accept public comments on the petition and the proposed establishment of the District to finance public improvements that will confer a special benefit on property within the District and promote the interests of the City. The hearing may be adjourned from time to time as authorized by the Act. TIME AND PLACE OF THE PUBLIC HEARING. The public hearing to consider the Petition and the proposed establishment of the District will take place beginning at or after 6:30 p.m. on Monday, October 8, 2012, at City Hall, 6800 Main Street, The Colony, Texas. GENERAL NATURE OF THE PROPOSED IMPROVEMENTS. The general nature of the proposed public improvements authorized by the Act to be undertaken and financed for the benefit of property within the District (the "Authorized Improvements") include, but are not limited to, the following (1) water, wastewater, and drainage facilities or improvements, including sanitary sewer facilities, storm water detention and retention facilities, and utility relocations related to such improvements; (2) off-street structured and surface parking facilities; (3) street and roadway improvements, including related traffic signalization, signage, sidewalks, curbs, gutters, streetscaping, landscaping, drainage improvements, and utility relocations related to such street and roadway improvements; (4) mass transit facilities; (5) park improvements, (6) landscaping; (7) lighting and signage; (8) pedestrian malls; (9) other projects similar to those listed in items (1) - (8) as authorized by the Act; (10) site improvements for any of the foregoing, including, but not limited to, grading, erosion control, wetlands mitigation, and floodplain reclamation; and (11) the acquisition of land for any of the foregoing. ESTIMATED COST OF THE PROPOSED IMPROVEMENTS. The estimated cost of the first phase of the proposed public improvements is $150,000,000. The estimated cumulative cost of subsequent phases is $150,000,000. BOUNDARIES OF THE PROPOSED DISTRICT. The District is proposed to include approximately 439.20 contiguous acres within the corporate limits of the City south of and adjacent to the Sam Rayburn Tollway (State Highway 121), north of and adjacent to Plano Parkway, and west of the Burlington Northern Railroad. The boundaries of the District are described by metes and bounds and shown by a diagram as part of the Petition that is available for public inspection at City Hall, 6800 Main Street, The Colony, Texas. PROPOSED METHOD OF ASSESSMENT. If the District is established, the City Council may levy assessments on the Property or portions thereof by any method that will impose equal shares of the cost of the public improvements on property that is similarly benefited (including, but not Notice of Hearing to Establish The Colony PID I Page 1 1775.0 1 0\29083.2 limited to, assessments levied on a per-acre basis regardless of uses permitted by the applicable zoning and regardless of the appraised value of the property), but only to the extent that the City Council determines that the property being assessed is specially benefited by the public improvements. Assessments will not be levied against property within the right of way of Plano Parkway or within the right of way of the Burlington Northern Road. Once levied, the principal amount of the assessments may be reduced but not increased. All assessments shall be due and payable in accordance with the ordinance adopted by the City Council and may be paid in full at any time, together with interest through the date of payment. Assessments levied by the City Council, if not paid in full, will be paid in annual installments which may vary from year to year to pay principal, interest, costs of collection, costs of administration, and costs and penalties due to delinquencies. PROPOSED APPORTIONMENT OF COST BETWEEN THE DISTRICT AND THE CITY. The City shall not be obligated to provide any funds to pay the cost of the above-described public improvements; all of which shall be paid solely from assessments levied against property within the District that is specially benefited by the public improvements. i Notice of Hearing to Establish The Colony PID I Page 2 1775.010\29083.2