HomeMy WebLinkAboutResolution No. 2012-073
October 1, 2012
CITY OF THE COLONY TEXAS
RESOLUTION NO. 2012-073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, MAKING FINDINGS THAT THE PROPOSED CITY
OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO. 1 AND THE
PROPOSED PUBLIC IMPROVEMENTS WILL PROMOTE THE
INTERESTS OF THE CITY AND CONFER A SPECIAL BENEFIT ON A
DEFINABLE PART OF THE CITY; PROVIDING THAT THE DISTRICT
AND PROPOSED PUBLIC IMPROVEMENTS ARE FEASIBLE AND
ADVISABLE; PROVIDING FINDINGS WITH RESPECT TO THE
NATURE AND ESTIMATED COST OF THE PROPOSED PUBLIC
IMPROVEMENTS, THE BOUNDARIES OF THE DISTRICT, THE
METHOD OF ASSESSMENT, AND APPORTIONMENT OF COSTS
BETWEEN THE DISTRICT AND THE CITY; AUTHORIZING THE
CREATION OF THE DISTRICT AND DIRECTING THE CITY
SECRETARY TO PUBLISH NOTICE OF THE CREATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the governing body (the "City Council") of the City of The Colony, Texas
(the "City"), is authorized by Chapter 372, Texas Local Government Code, as amended (the
"Act"), to create public improvement districts within the corporate limits and extraterritorial
jurisdiction of the City; and
WHEREAS, on September 17, 2012, 121 Acquisition Company, LLC ("121 LLC")
submitted and filed with the municipal secretary of the City (the "City Secretary") a petition (the
"Petition"), a copy of which is attached hereto as Exhibit A, requesting the creation of the City
of The Colony Public Improvement District No. 1 (the "District") consisting of approximately
439.t2 contiguous acres located 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 in the Petition and is the same property described by metes and
bounds on Exhibit B attached hereto and depicted as the "PROJECT SITE" on the drawing
attached hereto as Exhibit C (the "Property"); and
WHEREAS, the Petition has been on file with the City Secretary and available for public
inspection at all times after it was submitted and filed by 121 LLC; and
WHEREAS, the City Council has investigated and determined that the Petition complies
with and is sufficient under the Act to create the District; and
WHEREAS, the City Council has investigated and determined that the matters set forth
in the Petition are true and correct; and
Resolution Creating The Colony Public Improvement District No. I
Page 1
1775.010\29310.3
October 1, 2012
WHEREAS, the City Council has investigated and determined that the public
improvements described in the Petition (the "Public Improvements") are authorized by the Act
and confer a special benefit on the Property; and
WHEREAS, the City Council has investigated and determined that the District may be
created without a preliminary financial report and without the appointment of an advisory body;
and
WHEREAS, on September 18, 2012, the City Council approved Resolution No. 2012-
067 accepting the Petition, setting a public hearing for October 8, 2012, (the "Creation Public
Hearing") to take public testimony on the feasibility and advisability of the Public Improvements
and authorizing and directing the City Secretary to publish and mail notices of the Creation
Public Hearing as required by the Act; and
WHEREAS, on or before September 22, 2012, the City Secretary caused notice of the
Creation Public Hearing to be published in a newspaper of general circulation in the area where
the proposed District is located; and
WHEREAS, on or before September 22, 2012, the City Secretary caused notice of the
Creation Public Hearing, addressed to "Property Owner," to be mailed to the current address, as
reflected on the tax rolls, of owners of property subject to assessment under the proposed
District; and
WHEREAS, effective September 26, 2012, 121 LLC conveyed to The Colony Local
Development Corporation, The Colony Economic Development Corporation, and The Colony
Community Development Corporation (collectively, the "Corporations"), in undivided interests,
all of the right, title, and interest of 121 LLC in and to approximately 430.919 acres of the
439.12-acre Property; and
WHEREAS, at a meeting held September 26, 2012, the Corporations approved the
Petition and waived (1) any requirement that notice of the Creation Public Hearing be mailed to
the Corporations on or before the 15t1' day before the date of the Creation Public Hearing and (ii)
the 20-day protest period under Section 372.010(c) of the Act; and
WHEREAS, the City Council has investigated and determined that the published and
mailed notices of the Creation Public Hearing complied with the Act and were published and
mailed before the 15t1' day before the date of the Creation Public Hearing as required by the Act;
and
WHEREAS, after publishing, mailing, and otherwise providing all notices required by
the Act and state law, the City Council, conducted the Creation Public Hearing on October 8,
2012, at the time and place, and for the purposes, set forth in the notices; and
WHEREAS, no one appeared at the Creation Public Hearing in opposition to or offering
objections to the creation of the District; and
Resolution Creating The Colony Public Improvement District No. 1
Page 2
1775.010\29310.3
October 1, 2012
WHEREAS, after all owners of property located within the proposed District, and all
other interested parties, were given the opportunity at the Creation Public Hearing to speak for or
against the creation of the District and the proposed Public Improvements, the City Council
closed the Creation Public Hearing on October 8, 2012.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY TEXAS THAT:
SECTION 1. The matters set forth in the "WHEREAS" recitals in this Resolution are
true and correct, are fully incorporated as part of this Resolution for all purposes, and constitute
findings of the City Council acting in its legislative capacity.
SECTION 2. All requirements of the Act with regard to the Petition, the mailed and
published notices of the Creation Public Hearing, and the conduct of the Creation Public Hearing
have been complied with.
SECTION 3. The City Council, after considering the Petition, the information provided
by City staff, and the evidence, information, and testimony presented at the Creation Public
Hearing, makes the following findings, each of which represents the exercise by the City Council
of its legislative authority and discretion:
(1) The creation of the District and the undertaking and financing of the Public
Improvements promote the interests of the City.
(2) The creation of the District and the undertaking and financing of the Public
Improvements confer a special benefit on a definable pail of the City identified herein as
the Property.
(3) The creation of the District and the undertaking and financing of the Public
Improvements are advisable and feasible.
(4) The nature of the proposed Public Improvements are of the nature of the public
improvements described in Section 372.003 of the Act and include, but are not limited to,
the following:
(a) public improvements that are required to develop approximately 82.09
acres within the Property (the "Facility") 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 "Facility"), 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;
Resolution Creating The Colony Public Improvement District No. 1
Page 3
1775.010\29310.3
October 1, 2012
(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) through
(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 that are required 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 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) through (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").
(5) The estimated cost of the proposed Public Improvements is:
(a) $150,000,000 for the Facility Improvements Land and Facility Public
Improvements (the "Facility Improvements Costs"); and
(b) $150,000,000 for the Related Improvements Land and Related Public
Improvements (the "Related Improvements Costs").
(6) The boundaries of the proposed District are the boundaries of the Property
described on Exhibit B attached hereto and depicted on Exhibit C attached hereto. The District
includes a total of approximately 439.12 contiguous acres as follows: approximately 1.95 acres
within the right-of-way of Plano Parkway (the 'Plano Parkway ROW"); approximately 3.36 acres
within the right-of-way of the Burlington Northern Railroad (the "Railroad ROW");
approximately 1.5 acres previously conveyed to the City for a fire station site; approximately
1.391 acres within the right-of-way of the abandoned McKamy Trail; and approximately 430.919
acres owned in undivided interests by the Corporations. It is anticipated that the 1.5-acre fire
station site and 1.391-acre McKamy Trail property will be conveyed from the City to the
Corporations and will be assessed as part of the Property.
Resolution Creating The Colony Public Improvement Dist6ct No. 1
Page 4
1775.010\29310.3
October 1, 2012
(7) The method of assessment is:
(a) Facility Improvements Costs. The City Council of the City shall levy
assessments against the Facility Land and other portions of the Property in a manner that
will impose equal shares of the Facility Improvements Costs on lots, parcels, and tracts of
the Facility Land and other portions 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 and other portions of the Property are specially
benefitted by the Facility Public Improvements. In making its determination, the City
Council shall take into consideration the special benefit, if any, received by the Facility
Land and other portions of the Property 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 Improvements Costs. The City Council of the City shall levy,
from time to time, assessments against portions of the Property in a manner that will
impose equal shares of the Related 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 such portions of the Property are specially
benefited by the Related Public Improvements. In making its determination, the City
Council shall take into consideration the special benefit, if any, received by portions of
the Property 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) The City Council of the City shall levy assessments in the manner
described above only after notice and additional public hearings 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 40t1i anniversary of the date the City collects its first sales tax dollar from
taxable sales occurring at the Facility. Annual installments shall be paid to the
Corporations pursuant to one or more reimbursement agreements authorized by the Act
and entered into among the City and the Corporations, which annual installments shall
include principal, interest, costs of collection and delinquencies, and costs of
administration. The reimbursement agreement may include such terms and conditions as
are authorized by the Act and approved by the City and the Corporations including, but
not limited to: (1) the pledge of assessment revenue, including annual installments, as
additional security for bonds issued by the Corporations; (2) the deferral of the accrual of
interest on assessments; (3) the deferral of the collection of assessments or annual
Resolution Creating The Colony Public Improvement District No. 1
Page 5
1775.010\29310.3
October 1, 2012
installments; (4) the collection of assessments or annual installments to the limited extent
necessary for debt service on bonds issued by the Corporations; and (5) the reduction of
assessments in amounts equal to debt service payments made from non-assessment
revenue on bonds issued by the Corporations. The principal amount of an assessment
against a lot, parcel, or tract, once levied, may be reduced but not increased; however, the
amount of annual installments of any assessment may be reduced or increased from year
to year by the City Council depending on variations in interest rates and variations in the
costs of collection, delinquencies, and administration. If assessments are levied based on
an estimate of the costs of the Public Improvements, the levy must be structured so that it
will be reduced in the event the actual costs are less than the estimate.
(8) The costs of the Public Improvements shall be apportioned solely to the District
and none to the City. The costs of the Public Improvements will be paid from the proceeds of
one or more series of bonds issued by the Corporations and secured, in part, by revenue from
assessments and annual installments thereof collected by the City and transferred to the
Corporations under contract for the payment of such bonds.
SECTION 4. The District is authorized, established, and created as a public
improvement district under the Act.
SECTION 5. The District shall be known as the City of The Colony Public
Improvement District No. 1.
SECTION 6. This Resolution is consistent with the Petition, has been approved by
majority vote of all members of the City Council, and constitutes the improvement order under
the Act authorizing, establishing, and creating the District in accordance with the Act and in
accordance with the findings set forth in this Resolution.
SECTION 7. The City Secretary is authorized and directed to cause the caption of this
Resolution (together with a general description of the Property) to be published as required by
the Act one time in a newspaper of general circulation in the area where the District is located;
whereupon the authorization, establishment, and creation of the District shall take effect.
SECTION 8. This Resolution shall take effect immediately from and after its passage
and publication as required this Resolution and the Act.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY THIS 8TH DAY OF OCTOBER, 2012.
Resolution Creating The Colony Public Improvement District No. 1
Page 6
1775.010\29310.3
October 1, 2012
APPR6VED:
joe MCCourr , Mayor
r
AT( T
Christie Wilson, City Secretary
i
APROUAS TO FORM 4
7EXA~
Jeff Moore, City Attorney
Resolution Creating The Colony Public Improvement District No. 1
Page 7
1775.010\29310.3
Exhibit A
Petition
ilk'. H I ION Itl (ILLS I ING l l lk: 1,S I Altk.ISllMl•:NT0F
i'I ! Y (1'll •1 lil: t'(JI.O-'N Y' Pl illl.l(' iMPROVI,A,'II N'l- I)ISTRI(='T NO. I
1 hit- I)Ctilion (this ' 4titir?Jt") is submitted alid filed 'Xittl the. t'itt' 3CCrclan' Of the City of
P IC ColkvT J - ;as 01;e. IV Te Lr darstrnc:d c1WTICr C) VncT") of Of
appri?xilttalel'~' .49.12 CLItllipt lotis iiews laa.: isf wiildn Te cmptlxM IWEN of t e f'ity smuh of'
and adiaccni i, the Satn lkaybltl•n I nll wy (Stme Ilighomy 1211 north i,1 and acl.jaccnt to Plano
I'arkua~, and wt sl o Sprin;! C'rcct: PJlrkt~.'a which property is de sctiaed by mitts ansl hounds
on Exhibit A at-achcd hero o aml dcpic cd on F.xhibit It attached hej,etc? (the "ATcr y"I artint•
lours umn tip C'h:ipwr t' US i A U11 (iOVet-lin-acid Code-a, anlt nded (the "Act"). rer.IUCSJTlg t11alt
dx (my Cbmwil of me (_My csublish he ('iv a]' 'I he Colony I'uk-lie. In)pr ve ncni Di,L;u-ie1 No. 1
r,Ji "Distric.t",~ It, irli:Wd the k'rr111erty. In moot of this Peiitior, and the u:VILLi+?n ill' the
District, O%vnc; l reswils the follin-'TTig:
Section 1. (lcmcral NatL:re of the 111-1?posed 't'i:hlic hnprllements. The proposed
Ilublia' inlpr ?vCn ells autho6zed by IhC Ad 'Al t~-e. UndCI-1.1 ,!1I 111111 lily. IC-ed fill t}te special bei2c it
(?I' 'he Propcrri (the "Authorized I'LlAiC 1Ti1,-jr0VLnie:nLS-') ntat' incl tdc, but are not limited to, the
fclhowint!: -
(a) public inlprl]tcmcllt,~ ileees~~wy to develop illlpmximatel~' 82.32 ucrv- v it}lll] IS
Prt-illl'Q (the T WHY I.t]nc:.'') air upprcwhnaw I,:.'S ),l?rY square feet fnr wart€icl'.ISe ml
di4UR)Llt i?I1 USQti IlpiliSl?.Ll.la. dy 25_[ OO tiC1ltCii'e feCL Ara re ,lorud corpo 11ic' !lundquartC:ra, Itrlll
h11:1l anlllc:il' ?4~1,`.I;I [1UaLT't 01 tt)T' rtlati 5i11CS 10 t}le CTICral lltllllC I, :'SI,I;•c:tik I't, 11]11
AvIlic.h pUbk nnpl'toeTmms 11-lax' Taeaude_ but tilt: not limilc(i tu. Ok filllclwjntij: (1)
wau-17 w"124c.w"it.r. dralnag ti:elllt:is Sir improvc-ments, Tnclia imp. sanimTl te,kv filLt till'
slarlil dctr111:011 Lind ni Cntnw. IilCVaics, :iLu i[tilits; i loch Joj-i- rA.il_d Lu 4i_L4h
I11Wr;tx','.rlle ty otl street sirixiured and sllrlixt: 11i911bg lkihL1cR; ()j c.j-%cl -11IJ load. t ly
1I:I,?[ ?k`Uri':'llt. , 1Li'luding .e..;ltcd 1-'f tti signaliz ilion- `Lgl aLw. sid1::}.ak,s. :orbs, gallors,
sireesnarr, landscapin, dr:_kage :nlpnivomams. and utilitl relocatiims relater; to suC'I .c oc ind
roaL~,Lvij ' it"p111+,1'rn1 ov (1) now Lrnot L'ia:-lhan: (5) put nilll'ab -warins, (6landucaphig;
?iEl lint avid sij.n .p.c; (8,1 } 1 sir ;i:t rualls: (9) other p can sin-ilar to iIUW listeS'. iv Ans (I)
(k) US 411101'Idt11 h} 1110: cl: 21Ir1 I(:"I ale' iw.pn-tv,:'lllc'nt'; Isll ;illy c?f t11V lt?:Cg0j111!. lll~lald:I]L. [,.It
Ilal 111116TCCj l), r '%'-ijl?LIT, c.rosiol: CoTvr?l, ,+'tilli]1 111111 ?.:tliin, and vIi lElllil lnl rl'ti!iiillatttlr]
1111blit_ inprovyllwl ,"3:
(bt 11'.t' ife'I~II!tilililll Ot L,' Io approxim"..-tel.s' iitl itC.rvi of the Proixt-tyf t6r t}ii 1'tacilil,,
PLIblic 11111111MTO)f N (th. ''l ri :ilil), lvipresvcrncras I.a3r:c''
(a') ;llllkc- li:ltll'1nTiments iltceNsa'l trmi tin:C to One tilt Te l}1tand Welcipll'!c't i of
the t•enTSiruicr of the ProTwrl.y for c.olnincrcid user (the Qc alcd Det'clnprrient"). r0hich public
illtplove.rrlc-111- 111:1Y !W Awn hilt are [101 I1[1Pi2i to, 11W tLll}t!kk411r,: 1k 1iCl, 141,1±tl:N.aj4[, 'Mid
c}rttirla¢i: tai: litic: or irnlZrilvcmcnts, :neludirtp si:Ttittr}' sever 1`i :kilics, storm >,votel detclitiorl
and i-vionlio;l fiacilitie , aTId Llilit) rc4crctltic?l s 1'a:lateal 10 SUCI] i[nlli'u+a'rtit its; c?tt-street
straimS.C) and surike parldnp facilities; {3) street and roac3wd impror'cmeats, includilip rented
loge 11
`.'•ie S.nli~f a K-) I P iili"n - EaI I.1' I KIN 9 14-411
Exhibit A to Resolution Establishing District - Page 1
1775AWM3J0.3
Exhibit A
Petition
imf is si_gnalliviticm, sif;,lage, sidcwalks, curlls, g~utterS. treets~apr., i;inilscaping. drilna-,c
1tn}1rc vCrnerlis. Anil utility rE:loclltic;ns I-laced to k;ucrh suect and ruai4.4-a_r in prn~'r r le :is: t`•1'; n1a1 s
trEu_ 't fae::Ines: I~? rat':-k ijrfp7o' erncnt , (fl) knci';cr3pill l: I Ii;; hilt: nid tiut•na -v 0) pcdc;strian
11);-Ilk; (9) other pnijeerfi sintililr to those ],sic(; in items (1) - 181 eN authciri-rcd by the Act: and
0 U) sitc in-:pyovenicnIs for Rtl'r or t'-le ?Oreguim" irnlu;lir .hot .11'1t linlilcd to. (1Itlt.11q.. c:rosiuu
owilrol. 44'~l:iillC'i llllt i'7 f'(ill mid floodrIviit rcc am!ir!mi the Ri-lated PuhIIC
Irn .rT+ c?ve wnt~t); and
(d) the aCClt1141tiCn trcull time to finny. M, porliom o''thr I11.0pVC!y &)I"s:le R:,ated Public
1111DI- verlleiIt, (1110 ' Kelatetf f nl}lriiW111e11 S T
Sec_titi11_'.. LSIii la;e'LI Costs oI'll rt,f3owd 11 ub:ic lm1jrt1}•ements.
cal) The cc,*tti fol the l- leili! Improvements Land irid l-acilit4• I'uM1;. 1fVjlIt?4e21leaLtS'
lire estimated to be Sl 30,00ti,4; G 4he "I acility llll frovelne1t1* Cost"~"
(11) The- cosis fi7r The Relantl Improvements T.and wid Related Public Improvemetits
arc: estimmed 10 be $ 1 tl,d~t~r ~,t1:=ir} (tkie "RellLud imPrlt4.,entC III-;; COS[S'').
tictlic:n s. li,tutlrlarira 0 ttX 1'r-Ollowd Distri('t. The I,:,untlalri~ of Ille pry poz,-d
l3ist iCt t=!it tt:
il bolll,daries lif'1110 PFOIIr.rty ,le trihLA or. Fxhibit A i uachcd herclo arc? dq)icled
011 Exllihit B aNIO-1101 hL'FI O< 'ILL Distric[ il.cludes :I lott_I o"appioximatte-ly X139.1 tls
fall "vs: ~.lj :3pprtlri n:ltt.l. 4111.81 :w:v ss wmied hy t')44•ncr :111h d'E "Cribcd b rmctc. M.-i b0111,11; Off
Exhibit [ ' Ill:lt1IL d ht' ,w, tb,i i11?pr 1 ~il.r_sut _ 1.95 acre- P4'il"1in tile righl of, %VaN Of T'liJOU
l'lil ti`il4' ttllc 'I'I l +l t'.3114;i.? ' RO V""" aritl 1c? .1lipr,,ximatel4° ?.16 civi-cs 44ilhin tht 3 ('t'at-t t-45'il)'
of ttic' ltttllil:l;Iclil NUtIls,'rn Jt,J tQ,~ kl (tik' "1kailmad WM"
SC-ct115n Y. t1r1`>;)G`gQd kl .lhod Il4`;'~'s lllent.
(a l 11Ji t`' Improvelllellrs t::o{:is, It k pre l,c} eti HIM the Cit4 [_O.ulcil 01' he. C 11V
1 4'~
w:3111.•-1 lilt'. ' :,t'ill'.} Ii:I iI Ii1C:.Ii1:'ti'r 11I.:1 will .'1nnostit egad Q.-al-cs of Ihe. l ill.lll'1'
llnllri}4'(•rT.::r11'; ci9h; tin kv3 1791 t.C~ -rid trios of the Property that iire sllnllarly be'n,flt J
t.itJ -llR'-11iE! kIli not liini'e,i io, i'.SwP ti171t'71',S kn-icd on a per aerl NOs reCeY1"djC.,. iii lli„S i`,;_'.rll`Itloid
by llpplicanJc zoning wid ivg 1oless of tlle. appraiNLA val.w Of'the 1'I'cli crty whctl?rr del It71, of
,Illdvvt'iopot-f,l. b1I1 only to lilt' t'mutit ttlul tllc' t it4' ('L'och dctcnnincti [hat the I aci dy 1 ;:Id IN
s,eCIi1l'y ftellefllwd the 1'ReAny Public 11i171't14C11': lit . iii In%1 i111' ,tr tle,~_nal'V :ia,li. OIL C2'1v
t_•Ut11.C'II 4'. ilk 1:1T:r' Vllit.~ t'ir;lSlCiel'tll=0)1 tall' SI}l'Clitl bl'ntll. ;l '~1-e_4. t-C:c:::4'eil 1a~t (ittlL'I" 1)ri`7pPi'"~4 14~~tli~lr
the Disit7Ct cl tt resil t of tl,C 1'RCJA PUblie fnlilrc,4cnlcnts. Tl is plt~Iwr.cd (hilt neither the 1° ow
vw .vi;v H01N, 11ol. :lit,. HJln1, htt_M rccc: vo.-, cpt°ei 11 hcnefit fio i the faeikit_}' PllkA e
11tir?roveme:m. thcrcfo rc. no c^,sscSsfile.- Is v'ill he lc4`Ied aC.?1111`=.? cithei- right-of way.
(b) Rt lags.., Ili}}?t'avemellt C:ii4ts It is proposLd Thal the (-'114' Council of the t 'il4° levy,
fElom thilu. to lilllc , i15 S)Il~`.1113 1~iiitl5l other por o-is `ll the llro;wrty ill al ma:finer 311th 1'•'111
iln}ir,.w egkwl sbares rifille Related mImI11,011)nl l osts on. Jilts, pal-CON, rlrld tracts of the PI-Opelly
lflat aw SiIllik-Irly bcnelit i ti.iticluclitlr. but not fimitcd to, als4cssn,rnt5 lt:, ircl tn: L~ per ssrrv basis
regardiess (11, uses pert)Yitled kr5 Ipplicak i. Zoning and iv a rdlcs4~ of fhe apprai-SCII V3111t Of tlte.
1•'c`it e
I}tc {'s,l:nrr I'M I .-IlLj "U - I: \l.( I. I SON Y 0L:
!^g Ott"14r)a9.ti
Exhibit A to Resolution Establishing District - Page 2
1775.010\29310.3
Exhibit A
Petition
}?:,my wheber (1C1'e: qw! or Llnd "`et<llleil?. ii'ilt ClWy U) 111% l:MCTlt Lhal trhe Coil'!' C i?:?lcil
detemArIm INN sudi odwr p}ertkm of Ic 14 met-ly arc sps. Ally balluMed by the Relaltrd Public:
Impnivementv in 171g11L'ng it, dt+ elm illaltitln, the (11, C:wz'nvij 1',]1l ta..C into consicirration tile
special benelil, if any. iwei ed b) uther pncMmy MAGI the Distriet as a resu t 01 the ReLiteli
Public. Wip-overnem h i? pm to ed that neither the. Mar.,) 1'a-k11a} ROW nor, tile lzailrnld
MW receiv , al :sll(00 fl(:imSt from the RuiaLLd Public lnpic•ti•c.wcnts; th rctilrc, no
a c,essnlcnts %v,'! I he levied rlttain£t either I ight-rFf-11• ly.
(e) It is l-opnwd tha' the City Ci1111 CH (If t1)c t_'i1) lC'.)' VIC F1~5~' 4tlll:uts dcscribcd
ah;lve My a:f er ntJlice and a public he inng ;)ti roovired 'b~ 1he AcE. 1N'iliell 3SSe<_tit 'S rljljy l.-)C
paid in fall al any time, inclcdint' accrued and nnplid il)ICIVst; and i( Writ J)J1,1 n t,alt. SlralI hC
r a:
*}a;Cl ]n tlrllluiil 1114?ul_rni:nt~ lilt a tt.rnl trial CldleS not CAtCtld tlej'0]lit the 4,1 11 r1r11vC•rti.lg uI the
date the City c:ollectl; ii': Ilr:: iailcs t aN dollar trnlli talxr:hle Sale.,, occurring at t:lc l'a cilll}. Arnua i.
iltita111n 11ts ~haii be paid purimil:; to Li rcinlm1r5Cnion ,lgrelsm nr iTUt11orized h.y the Act t)L't 1.1'l l']t
the City -ind C voicr An% as :approved by the Owncr, 5101'h'4' 'Jl the 0111' MA 14110 t'tdony QU€LUCLK
Development t_ urporwhon. :?et4lC'i i] the City and I hr. Colony (on-m-llility Del:elopinent
t'tlrnOration1 or belIxec;n 1- to City and The C olnny i.ncal r),evelopil-'cnt Corporalliuli its
ap}}liCC:b::, i}il:tt dillg p::ulipa:. interestj cot o, Collcc.ion aril de.linLILlencies, and en.sr i (if
adm>nistra?itiom The renDbUTSMIC111 agreL;rneni dray provide that the ccllj~( 011 Of 11111=1
InStalllnle]]lS, illL.ltttl:nt tilt; UiCC tr,l 01' i111CIVSI. bC i1l'ti!rrcd or re(h. 'l'll on terlns and c.nnl itions set
St-th in the t`tgwenwnt. !he anU .rill iJi an HSWSSl'1411 2!',+::13;1 Ji ill'. JIUMl1, Or IYaL•1, [eVi,- 1.
]tlli} be reduce(; lml Imt lllel'Cl::i':1: lI0Wl',Cl', 117. wilowil i.1) i1w imill.litl 1'.SI-211MCIW, fit L'.1ik
4nL'S'Slnl:l':t ilm) be rc JUL:C:d or irtCI-CdScil fi-o- l year to yc'alr dl; perdirli' (1C7 1'iil"laiilllll~ Ill the' L'L13t~! lit
c.Ullec t:u€I, deliii.gae11t es, and ;idininistration. I1 sst!wsmems ill T"Od based on i 'tKmtes of lc
eilsts ol'Aa:iiu~,rtr..Ld I'Llb1lC itnprov:.!n'Itnls, the levy nin,:t Ilc structwtcl tiu 1}1F I' 13111 •'14' J'L'LILIL'L`d
ill IJ:C C'rClll 111: Ne:trail C'il4Is a:]'i Ic,- llialrl Il1i' L'ktrlllrl[C..
be our _5. Erc?lmsci App l-Lionlrent 01'C osts ?let' een TIM M and t:l, t:ly, 1 11,c
y
City Thal. not he nlyl gllccl to proViciC any litllds to 1'°'' =1~r or tirlll.u' the Auth:lrl/.(ll "t:hlil
Impn5veinez ; 111 V "hich impnwwnent~; shaill be Pail' 10T or :inanced om a^.tii`° w,Ill , I, .tilt:d
aj* ain~it 11.e P,-0Pcr,)' (a;a% e and eNcep the Phnn i'F.rkwM, RC1MM dw Mnmd Rtl'c1'}.
Se.cti(n11). N uHpentrnl ofdw Dir;lril.t ()'stet r prlll~lr4e that [he Di trier be snaltlatged
by the 01, Wth the alssistani:t: o ccutsnllants hAnd by the t Try and p Ad kw as an ndn;ini;U'al be
Cost ocille District.
5cxtic~n 7. (i1i] cr fie UL-~'S 1'Stabli'd ncn_i_of 1111; I)isirivi. Owner regiwsts and
concurs with the estehlishrllertL CY die Disiric.' Fan..l -with thv levy of assessments against tile.
Props rty tt1 pay 1w na rim ce be Authorirc':l ])Llhlic }ml~ral~'c nlenl t-,, the extent the Autho-ized
PUNIC JrilpTl`1'CJrtC1 tr LOTE'er a :;perm b<:neiit on the Prollcliy.
SeL.tic,ll fi AdVisMy 130at2d. Arl ad isle'}' body rnay be e,titt~li4lzcci to develop and
recommend i in i u}?r(rti c:Incnl plan to tlu C, ( mneil of the C. bt hOUCVCr, C)lnllcT PrOPnSeS IS(
the District he em hli4hcd and nla'.ragcd '.°.itluut an Ladbsi,ry he l .
Page
Exhibit A to Resolution Establishing District - Page 3
1775.010`? M.3
Exhibit A
Petition
Ibis 114ti7ic ! 14 511L?!Ci h}' 0,,° 1C7' r1`: the own"'I of approximately 98.8N. iii the PI-CiportY.
1riciudillw' 10(•jCaI 0, [Ili' 11rc -m-tv '1,111: 101 "j'WSSiIX111t. This 2'CLltioll I'S 1. 141 is;,mt t:) creitte the
1);, trlcl unJcr tl,,c. Act bccau,-.L ii is si ed hy; (1) tllc 111.vner.S of taxal L real Iv'01,,rly
rep}r8se.n6 ' n14.~~ than fifvk pcrcclll , titt'.1.o1 of the 11'r ISLd VdILlc Ot' tt.Aablc m-._I pr1 perry h,-,ble
fiw ISSLS rr 'm it u11der th4 prof±oSaL s &Lcrmincd h~_• the clt rerit roll of iht. appr'a:sal rli.tti~i in
Whlcl' 1°ic -ropcrty IS lC];.ltlti wid I, I-Cti:01-d 01MIC!, 411 C•Hl °,.1.*Llt.•~.rt}' 1iabl~. Ii1r ciStiC sill 'c.:1I 111 "der
the propu5LI who- (•1) c(1tlstiwtc more tllaii. fifty percent (50"°;:) of all 14'1'1 id of 11_r;jpel. y
a
that i~ l:.L^Ic for.i,btic~;~.11 ont 11r1Cltr the pr lpo-illl_ or 1,11 ovvn lass ll4' 1-cal rrovetv (hat ti:ol_`;[lII1tE'ti
lllo i 01LI11 f]tlt''1"crCclit P' I ill 111L' t1rti.] Of ;:JI L:ImihIc foal pl'f11)ery 11'i 1t is 11>:l1lL' 1J7 tlSi.4ti111e111
under the prolms'al-
RESYIiC"I7 ULI..Y SfJI>'N•9f 1 1,1:1) thi!i I""": Llgv olf scptenlhc [-.'?01?.
121 ~c;p:i;itjorl Col:lp';ny. !:I.(`.
fl I Cmi`; tt11:1lckl 11r jJl.iv Compalm,
I}`-
Je1'' ~:inci. Presic1c11t
Page. 4
I I _ •JCrn °IJ : IvIs m • LXI-L':. I ON 9 Id 2111-
-1; ;,I:I,, I) :r
Exhibit A to Resolution Establishing District - Page 4
1775.010\29310.3
I
Exhibit A
Petition
Lxhihit A
rt.,1l U4°s :ri 1i of tllti Propel-0, (439.1 _ Aci`C51
f3i:.ing al 43-9. t-. acre tract of lalid sit aced in the 13.13-13 X. C'.r;.R- ",urvcy. Abstract No.
73, B.13.13 & C. S;1rvey, :'1hStrsaci No 174, Tholuaj A. 1'I i.St Siirv Abstract No. 134 -141, and thc.,
M.1.).T, Ha'LITY l-k Survcv. Abstract NO, Demon (:c?um , Texas, and voirlg all of-- InIC, Id
and cc-1lIvL v(l hN deed to ill r' C1.111iSitilIn C OIIIJ ; I y: LI,C',. its rcc-orcicd it lilsti-m-ac* t No. 201 1
l 1477:1. 20011-1211-14, and 201 1-1 1 ? 19~,, I kod Records,, 1 )t.Tllaln l exBti, and por ion of
Pliino Pik-k%vay and a po-tion 11I Budine.1, ) NOI.1110 11 l~.ii.llrt alii 11dCl, alld I)Ci1Tr more parikkilarly
cli•scribcJ ils folic}'vs:
i3LUJI.NINU iii ct fOLIl1Ca l .dot 1ric)nu1EC t.. S<1id llnil-:t lici11p thr 1)(,rthwc5l corner O' Sold 1211
Acyu SiIj0l'CO III IM I 1.}.(' mid c11 1J I' iilg in ille •,,I!il::-_ hI-ill-w< IV Bile o14, Stitc II]pbw-1v 12t
I.}1i;+•ilig li +.lritil'']c x~,idtlt l~.D.'r~`-,r:
'111I_VL'I Nwifi, 63: 32'{16" Last, illolig Sil1J 2 u~.uh c, t dismme of 1 '0,52 feel t.a it
point J17r coo r,
TIIF''('I North Fast, cClltllilllinp alone Said south 1' Phl-olliTIC, .1 distanc- rit
~SfJ.•b6 test to sl r),Airit fist- oomcf:
Soulli 29-13'(13" I'.lltil C0111i11llirt alllllg :.i 1 No th 1-i-hi-of-Wily line, ii (1t tHtll::` o
5 •t7~:~ zer tO a li0it1T tilt COrllet:
TTI1-NCT'. I` Girth 60'47"3R" Fist, a:a~ntirn.lill iil(Mi: Said :iautll rigl"ir r1J-t.,ily- Jin•.`. a distanlX nf'
C'.? `r A ttac'i tit I pjiitit I'M c'onic•r. tajd po ul being in nc~: v usr riglht-ol tivoy Erie of Plane? I';trkv.,a y
it ft.C7.'W,')-1
1I 1 T;CT NI,111- i11 5' Fasi le<I3ill .i.icl I .Itl iight-of-btciy lhc. t„iJ lc4+inc~ s it1,
-l, a tivest
1'irllt-tlf-'.'~:1}' 1111 C, is d1Stim.:C Lil 111i1,111J 1c'Lt "o a T1["int I'm COIT,CT, IM OW `t4'21ilnilYL, (,i 11 lion-
ii.i°r'CrIT 0417 V ri-I 11-le rip!11.t I'=.il!'Illi.' o and a ccn1 ral wiLlu l1J I':•lf~~~-}" f:iid 1
AML l'i1Ur't) w111CI1 tj~=i r c,:'111 t .ryy•i ' W etit, ' i.l)1 IL' i, said t?(t111? LSCIII ill tilt Ci "I It?.111 t_i(-
k l} line of said Planr, I'; r ++ay,
1111 `J1 t :Ildlllf S ICl Cal a I-','1tly lino.. :1114 ul(Pr1+L'. tii+lil 11CA ilil:l.i`ltt G.11'\'C to ChC 1-I I'll' iii? m-C.
disiarice of 2 ,01 1Cti•1 to 2 poirt for conger. podw hC"Ili! III- n-InSt Atltllet-] 1!0218 nf:_ L-Ornei-
Chr, of VIt it?tCl'tii [1U11 o ti:Ili1 i '.•'!vJlt-oi_-aNgr' l1nC o 1"hillo }?;iTl{tit '11-.d the so L') ri-011-0 -
ti+at5' IItle ofsclid Stfuc high %\n, y }'?1;
I J H, CT, orth 08 A6'+1" l;ii5 , alC)11t! Said corncr.clip a distance of X6.03 Jcct Ic. r- point fc+r
comer. said point beilig in the 601.1dY ci;1.1lt-t/l'-W 1Y line of sai State Ilwdiv;~ 1'21;
I Hl,\( .:I ltiorili rl(1"-1;1'38" Last, 11011g said south right, of way Zinc, a distance of"10. r 1 *vot to a
point for copier.
Ex''O it A it, l lie Cuium 1111) P:Iition - Pa L: l
Exhibit A to Resolution Establishing District - Page 5
1775.010\29310.3
Exhibit A
Petition
J,.xhiltii A
Legal-1 cs. L!ritlti n of the I'ropertt' 439.12 Acid
MENCE N'onfi 51~ 7'16" co.t1inuPtlo altin ; said somll ligilt-clf-ova}, line, a diman ce of
252.1 1 fret to a point +ur corner;
'1111":NCE' 'sun]: 55'4740" East. c.twtinuilll,~, tilong `;aid solallt ri.t.Jlt-cp1=~4a~ line. a distance (.f
1015. € feet to a poilit foe col'ner
THEiti;C'f Nonli 5S"177'47" Fast, coat nuinp alon ° :said 407.111-1 right-+!f-'.-VOV line. a disiance. Of
'348.62 tcct to a puird fO1 c'nriter_
'F{ Il•:N('1: Norili 6tr-4718" Fast, L!owimJ11 , "i10111,, slid Souill rivbl of-way lint:. it diswrji x of
263.85 feel to a point ii'51' C01-ller;
T'HI N['P Nwth 76'30051•' feast, COT:inning alllrl, -aid S01dl 17-1`:11-(It-v;iiv line, :i disiance tit
92.2, 7 1-Cut tll 'I poir!t 1,017 cM-11CE
11IENCL. N+.01711 1 Enst. Culitil Cling, along Said -Suut11 right-cIt'•~~;:iti line; it dislMICe 01-
l f"(1.40 fUT tO a l,ct•i-rt 1i-"1- corner;
I =I ,N( T'. X1(vih C ?39 l'ontlrl MIL.1 ,Il(1112 sa,Cf 34111-111 I14111-(1f-'"4'3}` 13110, a dist,111 .C of
100.18 1:'111 rl! i, lt;!ila ;nr L-M-rr•r;
1111-M-1 1 orUi 60"IfOC ki ;L cclntinuil®g along stlicl 4('W11 right-clf ~~z~ly lint, h distatlce. (11'
1.98 feet to a point 15117 Ctin 1Cr;
i1{1 NC'T? Illth 74'17-11" l.zyst, t<1ntITloin,, alcYng said suuth Tight-(•"f=',va; nc. rt distryllcx. cit
711.70 f Lc, lu it pn; nj 10,. Cornor:
1-11I:N('t Nooh 60',1T;8 1 1,?, coidmu_ng :1Jun~ 5ai I s411lt1i 17-1,1,1-c11- ~.0;; li lr, a <Ii~lurtc.r ni
✓;4. 12 64et v) a poih-. "cir c:(ln-.cr;
a HEN( 1. N(11th i `"47 17" 1 :.341, contlllllini! 111-1]ng said sc>4101 1'11111-(It-~4'a1' laic. F: disi t!'co.. or,
73.7_7 lice to 4i point for corner;
TIi1:NC L North ,IIong said .watltl3 Iirllt-oi'- li.'W, ;l digit:ai.'c ±11
}4.' 5 feet to it poitit l'ot- corner,
TH NC F, Nrotth 55":39'014" !'cast, continllinE along sail ;ioul l right-1)1'tEn y Uric-_ of
l ili.401 tcc•t to a point for ctinlcr;
1111:N( 'I, Noill) 4T_1T,54' l=ast, CoI111nllin~'. ai~1n 5lud ';011111 ri! f!t (I-'.a;lti li,lc, a di:tatlt'c of
114.19 feet to I vo;nt t6l. c'.onler:
F,\hibit A to 'Ill: CoMaur' PILI Petition - P aue 2
1775 t.111v';'14y 6
Exhibit A to Resolution Establishing District - Page 6
1775.010\29310.3
Exhibit A
Petition
Exh:'hii A
1.c~~a11 r3e.ti{~ jp ic~i of Ific ljI'{ pert4' (4_'s!), 12 Acrf 4
1.111-;140North 60`,j7'3N" East- Cominutrg along slid %1[1111 ripijt-c_,i-'%&'tjy line, a distance of
~yftCi,(rt') ; cc:t ,n a point for Cornea';
T11F.-KCrr Noiih W20''? l.a:st, C-0311inIFT11~. ;lkclt,, Said "o-11th ciismllcc C-.,-
Z.
199,41 feel tr1 t; point Uf C017IL _T,-
Tlil.'tilC'}: North Cif'516'2.±" Last, continuing along smd south riuht--vJ-,va,,. like, a distai.ct oJ'
100,02 Tbet to a lir1i1 1 r'or ..order;
'i'1 ly.N1('l•: North 03'19'71" Fasi, 0,-)I1tinuinp, 31011f.' ~a,titl soutfe right c l'-%N-ay line., rliyt.n,Cr of
100.12 fcel to a illlii;l lilr L-01' Ger..,
H H'-?` T, North 64 4 7'r,;" ::utltilluinp allono 4a1t1 5ntril-, fine, ti dislatlt C of
100.'24 'i".et to a. point liar cornet';
TJIJ;NC L North FBSt, Mltii+ui:lc 'Ll1t1I1ll, said 4olltkl right-oflvN,t;• line.. al distan" (}I
:1()1.0(1 ?Cct t11 a point Iiir t lMCI :
'I I11 ,N( . North (i5"511'12 " runt iijL i j:, a I o n v raid sowh Ii~]ri-111-~a; 1, litt~°, a d=:wt. ljt'C 7f
} ((.'r.40 !cal to a point liar corn.-r:
HIJENC L North 61-.`'30'16' fast., cc}JIlintail:g Aoi-g said soidt :i6 kit-c1f-~~a3~ (iait:..t c3asitylac~: i,i
WOO feel to I point 161* C lRICr,
THI:\C'1• North C'k 11, Said t, t1:illenL z1Ii111 L% 431{. i117t1 1'1=.11--i1I 11111 _ l {j]S"
3licc. f1f
1 W..'o-ON litit to a point for cnmcr;
1'f I i AC'1 ltilllih E1 r
`1_~' 9" East, Cnniilluirly aJon" said titl.tlli right-OF-•i'va1' idle, al disltince. of
001 IS Iect to a pain-I iui- cornvr.
1 :2NUh. North 8.3--115•'27' Fasi. coril:taiii?g a I o n t Said somh tl-L'11t-oI -v iiv filet:. ai di-3 - )c tit
119.521 fact to aI poiri i6f- carpel;
'I 171 N(T North 6-'::19'121" FarI, Col ti.imIl , aeionF._ wl "..~tltl Pi~4hl-of-wa}' hilt. a t]ir,la:laCC of
Jecl to µ f w'nt for corns.., sInid Still lvim? in the ',vem rtgIA-t 1-lva , 1111C Of BLIt-lington
N'iltihem Railrol-w; (ha'1'171A I V 11'ialile ~v t'th R.
TIiI -INCf : North f;tl"3S'i7" )-le<lviug said wcsi ri _hi-111-+.N.-ay hale, a distatlee (1f 107.;0 feet to
u point I'm- comer. said point be:inp_ iii t:hc cast ri ht-nF-r4;'a.5 line of szlicl Littrlington Northern
Ra111C~1aC_- -
"I'HENC'F. North 60`45158' ' East, leavine lid t•alst right-of-way line, COrIIIIrtlitig .lktnlg salt soLilh
to lhc Colony 11l f) 11etit-ion - Page -1
1 ;?,.O; j;: __;,:,glj.t;
Exhibit A to Resolution Establishing District - Page 7
1775.010\29310.3
Exhibit A
Petition
INbibit A
I.Egat Do-m:1i-ItiOll Ot'ihz Pao 41'[- (13").12 Am Ls
t.i; ht ul-ua±,' lille Of 5tatC Eligla~4a y 12:, a distal,(( e%f 2~4.:1v Icct to a I,oint fi-tt cor:IL'r:
TTILACT J' orlh 633'19'02" Last, co-air.lin€', at one, said ;south riphi-oi way Hot, t dimance of
f~ [ to " poilit flit Comer,
i'1 f1 N; C'I•: North 60°72`1:19" 1.a1st, C-0111:11tling ttlu lg said ~c 11d1 11;;11*,-Eil' wtaN I.inc a1 distattce of
. 69.17 ft:el 'L1 at point t[1r vorar.r, waiid I+urnl being in Lhc 1=rest ril;ht-Ell'-aaay fine of v`z.l Syrirtg.
C'rcel: Park. ,,av (havinl' a: I W ~,'i 1+'O.W.),
'I ll':NCL SouLh 2:` 2?4'L ' Fist, leavitl salid SOL1111 1'1(;11(-01`-wav line, 1',nd Ldor1r satid west Ciaht-
L1i 14'; V i11C. aL diSLIMC- i l 765.5-1 li%` 10 ii pL11111t l6r comer. kor Lh : bep,n1 im, of it 111111-talverd
CUr?.c to thL: right having. it radjus cif 970.0X'1 feet lmci a m-m-al aantlr~ of 29' IS12" and a long
c
chcird t4llicll 1lrltrs Snuth € .3'1 71-" €-;ta51, 4$.),4f3 fC::1~
I11:NC fir: L- 111111LMI .10111 said "C"'I 1-€Tlli-1t1-?.w'a line, Land ali ng said rinn-tangent cLllle ail the
11L1t1 art are dist.ttlcc of 11;4.8fie'. to =1 l,o^111 t,-7i cn.--tier;
I I1IAC.L L ioULII 00"221-2 ' 1'.:3^L. C!MtiMltlljL 1101Tg .S~-,i(l "TS( 1''',011-111-Wil_- 1411C. d ,,anC i1f
a::+G. fcta tLa a 11•oitu lair C01,11C'1
I iII-NC'f: fiOLI(h 00"2.3 J7" I'.: S! , Lontivnlinr, ,ab"Jig SaiC 1AUSt right-cl'=ut ~ line..1 d;Sj 1 cc t,f
i~: of-92 feci to a point for comer, said tx,,-int )ehig in ;111. i-orth lit:( cal' King-,, It L1Le Addition,
P° idle I ftrcL.. its recorded in C . -',-)inet X. Ip:l -:50, Phil R"CUdS.. 1)L;niOT1 ('chin'}'. Tevis:
1 1lI'.Nc'I'. ! COLVII XW'10 _?i. liJC:;I, ltil'ti'nli. `iidd 'v"NI 11~1tt-C?1-1',._!1' line., and alconp s dI ' (Mirth line. al
ti?l taT_eC Ot i _911,93 '•cct by point f61' corner, arli) 111?I l l'L'111L M ll:C 4'lltit ;'1L1t-L?I-1, lt' IInC of
LailU 'c3u1-12'ucacui NE1r-itu.l-rl Etai lruud;
I HLNC 1: -Noitl_ ST )'H' ?VQ ;t_ lcivvint. -arid :to th 1_ IC. I"'VIt:1 Said OX;1 L'r L'1-ival'~' title. a
L•' to a point fbi c:t i, f11r t1 ( Iwt!iiiiii1 2 ufa 1bir1-t rnt~.:r;l Lur+c to thti rip,ht
C i. -7
:ii;:Lancc of 101.16 1'
I_-atving ca radiLIS O 3703.75 fccl and a ..cntral a rple of - ' W19" and a 11%12 (1111d WJiel bca3r.,tiouth 04'12'25' area. '.cent, tic Nve-St 111;1((-E?i- tc.r line of said
Burlirigim Nortllcni RLIAiITOaad.
'€'l 2ENC i- a1 10 r1U vLtid cam right-ol Fnc.. and along, said non-tangent cw- e 'i1 the right a1: ark-
itiSlancc of :'111.(,7 tcet to a3 point fnr L'.ntrk-r:~
111I.NC E South 06:'04'15" West. c;infliv ig Mung staid (.cast raLhL-of--w-a,, 'ilx_ a distance of
5'?Y.{? 1 feel to a 1,L,int di}r C(1mcr;
I L lE-:NC X0rth 93'G TOO" West, contimAn~ loitc said ear;, right-of-,fair 11111, v di IMICL, of
I yl.l, i (i It'C I Il? a: poil't I".w i'111'Itc'r.
l .x111(7,1 :^y I.; ~i~hr ~I1tE11', 1'IL) I'c•LtiEnt - l u~;c
Exhibit A to Resolution Establishing District - Page 8
1775.010\29310.3
Exhibit A
Petition
T XJ.ibitA
Le;:al L)r criplion ofthl ikllltlcrt; (4,9,12_Acres)
TI JENC :T,: Nol.l'.11 GO ti' i Las% coi!tinll nG alotig said cast rig Tlt of v ay lilts, a distaltcC itl
9701;f I*(VI 10.t poilll 16- career;
`111ENCT Sot:lth 89 t:3'50" 1 cst, r.,l)ti,mit1L alilnL,- slid cast right-111-wn,' 11F11, a distance o
3 l.06 feet It, a poir_.t for comti:
THI~'r T Smith Fw;t, c'cvttialali11 alcknL*, S20 S'ki`d right -c,f-.+at Bice, 7 distatlcr tit
447,78 I ct io a poitlt li?r career;
THEN CL. Mirth 5 `.17(;''?'" 1-Vest, leaving s;id ea sl riu,IV lit-w ' ,'.1.•;;; + ""m
t: I ?-1
~Iy' litter., tI di~:i:ilwc id'
to a I)oin! 1,01. cart1Pf', for I'lu bgimlltlll. of it rion-lar.'gem r:llrve to the te.=`_'t 1111t'1P:Li a r&untr. cat
1130.00 Duct Lahti a corral aticle of l t? "I h"IS", inn it lmgl elulrt.i h3r.11 I)e ars Nolih 38"43,34"
1 77-1 6 Ic-,.t, t,11' llillli'. heilig ill i'lt; k',_Iwl I1~?tll-c 11 't 'll~' IElle fit 'said ~'l I'1L1 1kL:rk%-vav;
'1'IJJ':NC:J' i:lctl;:T slid C.,Igi and Lilom, said n.-in-migeni 1tt the left an arc
distamc tit 20i 6.97 f4ct CO a point J6r ctlrnaa;
l HF hsC:l: Stluth 89J 38'015" \VCSt, crknt nuirg ,a1t11~jt.-,. !,aid Cam l is;llt-t1+=~~'a'r Vile: a dist;lrice tit'
647.1.3 1c,,t to a ])()"Ill i('I (ttJ'il<r, 1c:!1- 111C t3C'S!Itlf]lJ]L u 111111 N
FL, --Ill rurvc to tilts fight Jli3vmg a
1-,tiiL1.= 111 'J`0.00 I~ct and a ccatral an`rle of (I d.1i':16' Anti a Iw'&, chard uhic.:l) be,Irs \urth
7+':1` l cl'14}' 't'i'c s1. 651.'29 4'Vel;
I HI.\1C:I'. GOIAili17111;' illckl'ii' Sidd Sctsi right-of-wav lane. and Jontt said it('itl-ti -twig z tillr:'t''I1 tic
II?'tit Lail :il"G' distance of 66-4.'/'i fist to a pnf 111 rta'' t:tkrnt f(lr 1111' 11, trlllln~? Ill it rcvvi.+.
I.X left h:i%,I1:.' N I';itl',1J•. t'l 1':I l.'t1tl 1i~;_ :111:Ci a cca.:'al an---,]l` O IC I`T~JrI" w c'
It?'l_' :alftl: .'r111~11
61: ..Ir.t r" ht (-I t, 11X I... ...Ij ll'-
[IISla1:Ci:' 1' 7
.iii ; 11U :I rUilll lUi i(fr11:t1';
TIIFNC F. Somb 9931'?5 'a'sst, coWinltitlg alL)np said east 1'i ~llt-tll-5'd;I1 line, ii dis'll;cc of
6 ..3X, f cct to 'a 1lflillt i6l cc- i lei, 1i~r tho' be 1l,ItuiiaV o fa wars ?ent dime to tile'. Ig0-,I tin in it :lld"US
t l 9.z~.0,00 ie.t:t, ci vellind :InLde of if ;11t5'ti~ and a lorry, chord which bc.,ars ` oLith 89,55`2.8
1 1 icel;.
TlllNC I: cortim7illp itliltl S.+id ~..,isl rit'ht-i}f-Iva)' tir;c, t;Jong Said etll T to t11,, ri tit. an arc
dislance [if I Z.? 1 Feet to tl 1_+[airlt ttlr comer,
i 1 TT ~{'1'. tiI ItIT I c~ t. -eUln inp sr id easi sir. It of - ay lirw, d;"W'Lce. (11, 100.00 fret to
1111 I{11' 0.')1. 1:1 p,- 'ill ~tt'CL ' I I_ `.he '.vest r'L! la o 'xav 11110 k?l sc^,1d 1717f1it 1~:IriitCll+
lli ii A t+1'I I.c C'1ann+' l'll, pe.litic111 - 13,ge 5
Exhibit A to Resolution Establishing Distt-ict - Page 9
1775.010 ,293 10.3
Exhibit A
Petition
Yt3diirit A
P.ti cal I )es4:ri1?1iol of Ihz Prao) t° tv (439- 12 :tit t'4s1
THEN{'ir South hs3"59'40' 1Wres1, Ir aving Said k4~sl right-of-way line, i distanec (if 12.10.45 fect
to a po"111 10C.OMCT;
I IIENC No:tla 00''15 1N" W "t, a d€stmice of _'2(x.47 I;L!~.t to toss POINT 01
CON V.-AININ I 19. 1_8-2 79 scliwre feel, 439 i 2 Lwre,, oFland, more or les~_
1-AHbit A to ] lic Colow, PCT) Pt-;i[ioi - Papc 6
Exhibit A to Resolution Establishing District - Page 10
1775.010\29310.3
Exhibit B
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.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;
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;
Exhibit B to Resolution Establishing District - Page 1
1775.010\29310.3
Exhibit B
Description of the Property (439.12 Acres)
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;
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;
Exhibit B to Resolution Establishing District - Page 2
1775.010\29310.3
Exhibit B
Description of the Property (439.12 Acres)
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
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.);
Exhibit B to Resolution Establishing District - Page 3
1 775.010\29310.3
Exhibit B
Description of the Property (439.12 Acres)
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;
THENCE South 00°51'51" East, continuing along said east right-of-way line, a distance of
970.10 feet to a point for coiner;
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
Exhibit B to Resolution Establishing District - Page 4
1775.010\29310.3
Exhibit B
Description of the Property (439.12 Acres)
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 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;
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 B to Resolution Establishing District - Page 5
1775.010\29310.3
Exhibit C
Depiction of the Property
-t4 ~010"Yl-
HEADQUARTERS DRIVE
C)
w
M t l0 t
KANO
O~ _
En y I tr.4rr
- - 1 PROJOR-
S ITF.
10 ~SP CREF
-
-
% c I rY 1 iMiT ~K.~'ARKyyAY
P 'ARKW w
POINT or BEGINNING
0
l.l;W1SV II..LL CITY LIMIT :j 0 - I..
R-
CITY LIMIT
I I
/ t~WINDH,~VEN PARKWAY
[nn
SCALE: 1"=2000'
Graham Associates EXHIBIT B
G CONSULTING ENGINEERS R PLANNERS
600 SIX FLAGS DRIVE, SUITE 500
ARLINGTON, TEXAS 76011 (817) 640.85.'15
TBPE FIRM: F-11911TBPLS FIRM: 1015"
DRAWN BY: GAI DATE: SEPTEMBER 2012
Exhibit C to Resolution Establishing District - Page 1
1775.010\29310.3
THE CITY OF THE COLONY, TEXAS, NOTICE OF PUBLIC HEARING
REGARDING THE PROPOSED ESTABLISHMENT OF
CITY OF THE COLONY PUBLIC IMPROVEMENT DISTRICT NO. I
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 "City") 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. I (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
(1 1) the acquisition of land for any of the foregoing.
Es'rrn1ATED 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 5150,000,000.
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 I learine to Establish The Colony PID I
Page 1
1775.010\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 APPORTIONIVIENT OE 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.
Notice of Hewing to Establish The Colony P I D I
Page 2
1775.010\29083.2