HomeMy WebLinkAboutOrdinance No. 2015-2136 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2015- ,-,2134,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, RELATED TO THE CITY OF THE COLONY PUBLIC
IMPROVEMENT DISTRICT NO. 1; APPROVING A SERVICE AND
ASSESSMENT PLAN FOR THE DISTRICT FOR 2015 ANNUAL FACILITY
PUBLIC IMPROVEMENTS, BOARDWALK PUBLIC IMPROVEMENTS,
AND RELATED DEVELOPMENT PUBLIC IMPROVEMENTS FOR
DEVELOPED PROPERTIES WITHIN THE DISTRICT CONSISTING OF
THE FACILITY PROPERTY, BOARDWALK PROPERTY AND RELATED
DEVELOPMENT PROPERTY; APPROVING AN ASSESSMENT ROLL FOR
THE FACILITY PROPERTY, BOARDWALK PROPERTY, AND RELATED
DEVELOPMENT PROPERTY WITHIN THE DISTRICT; LEVYING A
SPECIAL ASSESSMENT AGAINST THE FACILITY PROPERTY,
BOARDWALK PROPERTY, AND RELATED DEVELOPMENT PROPERTY
WITHIN THE DISTRICT TO PAY FOR 2015 ANNUAL FACILITY PUBLIC
IMPROVEMENTS, BOARDWALK PUBLIC IMPROVEMENTS, AND
RELATED DEVELOPMENT PUBLIC IMPROVEMENTS; PROVIDING FOR
THE COLLECTION OF THE SPECIAL ASSESSMENTS; CREATING A
CHARGE AND LIEN AGAINST SAID PROPERTIES; RATIFYING AND
CONFIRMING PRIOR ACTIONS RELATED TO THE DISTRICT;
PROVIDING PENALTIES FOR DELINQUENT SPECIAL ASSESSMENTS;
CREATING A DISTRICT PROJECT FUND; PROVIDING FINDINGS AND
DETERMINATIONS BY AND RELATED TO THE DISTRICT; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 372 of the Texas Local Government Code (hereinafter referred to as
the "Act") 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 (hereinafter referred to as the
"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, for an approximately 439.12 acre tract or tracts of land, which is more further
described and depicted in Exhibit A of this Ordinance, which is attached hereto and incorporated
herein for all purposes; and
WHEREAS, on Tuesday, September 18, 2012, the City Council for the City approved
Resolution No. 2012-067, ordering a public hearing for October 8, 2012 (hereinafter referred to as
the"Creation Public Hearing"),to consider a resolution creating the District; and
WHEREAS, on or before September 22, 2012, the City Secretary mailed and caused to
be published notice of the Creation Public Hearing as required by the Act, which date was before
the 15th day before the date of the Creation Public Hearing; and
WHEREAS, after mailing, publishing, and otherwise providing all notices of the
Creation Public Hearing as 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, Owner appeared at the Creation Public Hearing by its representative and
affirmed Owner's request to create the District; and
WHEREAS, no one appeared at the Creation Public Hearing in opposition to the
creation of the District; and
WHEREAS, after all persons having an interest in the District were given an opportunity
to be heard in support of or in opposition to the creation of the District, the City Council closed
the Creation Public Hearing on October 8, 2012, and by a majority vote of all members of the
City Council adopted and approved Resolution No. 2012-073 creating the District; and
WHEREAS, on October 9, 2012, the City Secretary caused notice of Resolution No.
2012-073 to be published as required by the Act; whereupon the creation of the District took
effect as provided by the Act; and
WHEREAS, the District comprises land which is partially undeveloped, while other
portions are under development or have been fully developed, which includes the following: (1)
Grandscape Addition Lot 1, Block A, consisting of 81.99 acres and identified as Denton Central
Appraisal District ("Denton CAD") Tax Parcel No. 657618; and Grandscape Additional Lot 2,
Block A, consisting of 25.48 acres and identified by Denton CAD Tax Parcel No. 657619
(collectively referred to as the "Facility Property"); (2) Grandscape Addition, Phase II, Lot 2,
Block D, consisting of approximately 16.815 acres and conveyed in Denton County Instrument
No. 2015-8528 (hereinafter referred to as the "Boardwalk Property"); and (3) the following
properties which collectively are referred to as the "Related Development Porperty"): (a)
Grandscape Addition, Phase II, Lot 6, Block A, consisting of 2.105 acres and identified as
Denton CAD Tax Parcel No. 649990; (b) Grandscape Addition, Phase II, Lot 7, Block A,
consisting of 2.248 acres and identified as Denton CAD Tax Parcel No. 649991; (c) Grandscape
Addition, Phase II, Lot 8, Block A, consisting of 2.944 acres and identified as Denton CAD Tax
Parcel No. 653843; (d) Grandscape Addition, Phase II, Lot 9, Block A, consisting of 2.683 acres
and identified as Denton CAD Tax Parcel No. 653844; (e) Grandscape Addition Phase II, Lot 2,
Block B, consisting of 1.949 acres and identified as Denton CAD Tax Parcel No. 655036; and (f)
Grandscape Addition Phase II, Lot 1, Block B, consisting of 3.693 acres and identified as Denton
CAD Tax Parcel No. 655035; and
WHEREAS, on Tuesday, April 21, 2015, the City Council adopted and approved
Resolution No. 2015-042 accepting the City of The Colony Public Improvement District No. 1,
Preliminary 2015 Annual Service and Assessment Plan, dated March 17,2015, for properties within
the District, including (i) a determination of the cost of the public improvements and supplemental
services being provided for the special benefit of the District; (ii) a service plan; (iii) an assessment
plan; and (iv) an assessment roll (collectively, the "Preliminary 2015 Annual SAP"). Further, said
resolution directed the Preliminary 2015 Annual SAP be filed with the City Secretary and made
available for public inspection, called a public hearing for Tuesday,May 5,2015 (the "Assessment
Hearing") to consider the levy of special assessments in the aggregate amount of$1,379,301.00
against properties within the District to pay for public improvements and enhanced services that will
confer a special benefit on the properties located within the City of The Colony Public Improvement
District No. 1, and authorized and directed the City Secretary to mail, publish, and otherwise
provide notices of the Assessment Hearing as required by the Act and state law; and
WHEREAS, the Preliminary 2015 Annual SAP included a service plan, an assessment
plan, and an assessment roll as required by the Act; and
WHEREAS, the City Secretary mailed and caused to be published notice of the
Assessment Hearing before the 10th day before the date of the Assessment Hearing as required
by the Act; and
WHEREAS, after mailing, publishing, and otherwise providing all notices of the
Assessment Hearing as required by the Act and state law, the City Council conducted the
Assessment Hearing on May 5, 2015, at the time and place and for the purposes set forth in the
notices; and
WHEREAS, after all persons having an interest in the levy of special assessments
against the Facility Property, Boardwalk Property and Related Development Property within the
District were given an opportunity to be heard in support of or in opposition to the special
assessments, the City Council closed the Assessment Hearing on May 5, 2015; and
WHEREAS, after the closing of the Assessment Hearing, and after considering the
information, materials, evidence, and testimony offered to the City Council prior to and at the
Assessment Hearing, and after considering the objections to the levy of the special assessments
against the Facility Property, Boardwalk Property and Related Development Property, the City
Council has determined that it promotes the interests of the City to adopt and approve this
Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
SECTION 1. The recitals set forth in the WHEREAS clauses of this Ordinance are true
and correct, are part of this Ordinance for all purposes, and constitute findings and
determinations of the City Council acting in its discretionary, legislative capacity.
SECTION 2. The City Council has investigated and determined and hereby ratifies and
confirms that:
2.1 The matters set forth in the Petition are true and correct;
2.2 The Petition complies with all requirements of the Act and is sufficient under the
Act for all purposes including,but not limited to, the creation of the District;
2.3 The Facility Public Improvements, Boardwalk Public Improvements, and Related
Development Public Improvements more particularly described in the Service and
Assessment Plan, attached hereto as Exhibit C are authorized by the Act, promote the
interests of the City, and confer a special benefit on the Facility Property, Boardwalk
Property, and the Related Development Property;
2.4 The form, content, timing, and method for providing notice of the Creation Public
Hearing, and all matters related to the conduct of the Creation Public Hearing and the
adoption of Resolution No. 2012-073 creating the District were in accordance with the
Act, state law, and the City Charter and ordinances of the City;
2.5 Prior to conducting the Assessment Hearing and the adoption of this Ordinance,
the City Council determined the total cost of the Facility Public Improvements,
Boardwalk Public Improvements, and Related Development Public Improvements based
on Official Reports and filed with the City Secretary and made available for public
inspection the Preliminary 2015 Annual SAP;
2.6 The form, content, timing, and method for providing the notice of the Assessment
Hearing, and all matters related to the conduct of the Assessment Hearing and the
adoption of this Ordinance, were in accordance with the Act, state law, and the City
Charter and ordinances of the City;
2.7 The City Council has provided opportunity for the owners of property liable for
the special assessments, and for the public at large, to appear, in person or by their
representatives, and present objections to the creation of the District and the levy of the
special assessments; however, no objections to the creation of the District were presented,
and objections to the levy of the special assessments against the Facility Property,
Boardwalk Property, and the Related Development Property were presented and
considered; and
2.8 All actions taken by the City Council in connection with the District have been
taken and performed in accordance with the Act, state law, and the City Charter and
ordinances of the City and in a regular,proper, and valid manner.
SECTION 3. The City of the Colony Public Improvement District No. 1 2015 Annual
Service and Assessment Plan dated May 5, 2015, a copy of which is attached hereto as Exhibit
C, and is incorporated herein for all purposes (as updated, from time to time, the "Service and
Assessment Plan") is hereby approved by the City Council as the "service plan," "assessment
plan," and "assessment roll" as the 2015 Annual Service and Assessment Plan for the Facility
Property, Boardwalk Property, and the Related Development Property as required by the Act,
and is incorporated as part of this Ordinance for all purposes. The Service and Assessment Plan
shall be updated by the City Council no less frequently than annually as required by the Act and
SECTION 4. Unless otherwise defined in this Ordinance, capitalized terms used in this
Ordinance shall have the meanings given to them in the Service and Assessment Plan.
SECTION 5. Based on the Service and Assessment Plan, attached hereto as Exhibit C,
the City Council hereby levies a Special Assessment (as a "special assessment" under the Act)
upon the Facility Property, Boardwalk Property, and the Related Development Property in the
amounts set forth in Exhibit B of this Ordinance, which is attached hereto and incorporated
herein for all purposes.
SECTION 6. Each Special Assessment against the Facility Property, Boardwalk
Property, and the Related Development Property, together with interest, the expenses of
collection, and reasonable attorney's fees, if incurred, constitutes a lien against the Facility
Property, Boardwalk Property, and the Related Development Property (the priority of which is
established by the Act) and is the personal liability of and charge against the owner of the
Facility Property, Boardwalk Property, and the Related Development Property regardless of
whether the owner is named in this Ordinance.
SECTION 7. The assessment lien against the Facility Property, Boardwalk Property,
and the Related Development Property created by the Special Assessment is effective from the
date of this Ordinance and "runs with the land." The assessment lien against the Facility
Property, Boardwalk Property, and the Related Development Property may be enforced by the
City, including foreclosure, in the same manner that an ad valorem tax lien is foreclosed. Any
purchaser of the Facility Property, Boardwalk Property, and the Related Development Property
in foreclosure takes subject to the lien against the Facility Property, Boardwalk Property, and the
Related Development Property created by the Special Assessment.
SECTION 8. The Special Assessments against the Facility Property, Boardwalk
Property, and the Related Development Property as set forth in Exhibit B of this Ordinance are
due and payable not later than thirty (30) days of the passage of this Ordinance or June 5, 2015,
and will be delinquent on June 6, 2015. Delinquent Special Assessments shall incur interest,
penalties, and attorney's fees in the same manner as delinquent ad valorem taxes.
SECTION 9. The City (or any other person, entity, or governmental agency permitted
by law) shall bill, collect, and immediately deposit Assessment Revenue into a segregated
operating account, the PID Operating Account for Annual Assessments, as provided by the
Service and Assessment Plan. The PID Operating Account for Annual Assessments (and the sub-
accounts thereof) shall be created by the City and shall be segregated from all other funds of the
City. The City shall only use the funds in the PID Operating Account for Annual Assessments
for the purposes determined by the City Council at the time the Special Assessments are levied.
SECTION 10. Based on materials and information prepared by City staff and qualified
professional consultants, on testimony provided throughout the process of creating the District
and levying the Special Assessments including, but not limited to, testimony offered at the
Creation Public Hearing and Assessment Hearing, and on other information, materials, evidence,
and testimony available to or provided to the City Council for its consideration, the City Council,
acting in its discretionary, legislative capacity, hereby finds and determines:
10.1 That the Facility Property, Boardwalk Property, and the Related Development
Property are specially benefited by the Facility Public Improvements, Boardwalk Public
Improvements and Related Development Improvements, as applicable, in an amount that
exceeds the Special Assessments levied against the Facility Property, Boardwalk
Property, and the Related Development Property;
10.2 That the Special Assessments against the Facility Property, Boardwalk Property,
and the Related Development Property: (i) is just and equitable; (ii) produces substantial
equality, considering the benefits received and the burdens imposed; (iii) results in
imposing equal shares of the cost of the Public Improvements on property within the
District that is similarly benefitted; and (iv) is authorized by and has been levied in
accordance with the Act, state law, City Charter, and the ordinances of the City;
10.3 That all prerequisites to the fixing of the Special Assessment lien against the
Facility Property, Boardwalk Property, and the Related Development Property, and to the
personal liability of the real and true owner of the Facility Property, Boardwalk Property,
and the Related Development Property, whether named in this Ordinance or not, have
been in all things regularly and duly performed in compliance with the Act and all other
applicable laws, ordinances,regulations,procedures, and policies; and
10.4 That the Special Assessments levied against the Facility Property, Boardwalk
Property, and the Related Development Property are in amounts required to pay the cost
of the Public Improvements.
SECTION 11. The City Council may make supplemental assessments to correct
omissions or mistakes related to the cost of the Public Improvements and reassessments if the
City Council determines that any special assessment is excessive. The City Council may also
adjust Special Assessments downward following each annual update to the Service and
Assessment Plan.
SECTION 12. This Ordinance incorporates, by reference, all provisions of the Act. In
the event of any conflict between this Ordinance and the Act, the Act shall control.
SECTION 13. If any provision of this Ordinance, or the application of any provision to
any person or set of circumstances, is held by any court to be invalid, the remaining provisions
shall be unaffected. All provisions of this Ordinance are severable for such purpose.
SECTION 14. This Ordinance shall take effect effective immediately upon passage and
approval by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 5th DAY OF MAY, 2015.
APPROVED:
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J•- McCou , Mayor
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Christie Wilson, City Secretary "'"'""""'-
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APPROVED AS TO FORM: ; Ci..'" <
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/.-; Jeff Moore, City Attorney ..
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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.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;
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;
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°3923" 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.);
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 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;
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
2015 Special Assessments
Facility Property, Boardwalk Property, and the Related Development Property
Tax Parcel Assessment
Facility Property ($959,247.96)
#657618 -81.99 acres 76.29% $731,810.26
#657619-25.48 acres -23.71% $227,437.69
Boardwalk Property ($369,143.53)
#659316, 659317, and 659318 - $369,143.53
16.815 acres 100%
Related Development Property($50,909.51)
#649990-2.105 acres - 13.47% $6,857.51
#649991 -2.248 acres- 14.39% $7,325.88
#653843 - 2.944 acres - 18.85% $9,596.44
#653844-2.683 acres- 17.17% $8,741.16
#655035 -3.693 acres-23.64% $12,035.01
#655036- 1.949 acres- 12.48% $6,353.51
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Exhibit C
City of The Colony Public Improvement District No. 1
2015 Annual Service and Assessment Plan
City of The Colony Public Improvement District No. 1
2015 Annual Service and Assessment Plan
May 5, 2015
The Colony Public Improvement District No. 1 Service and Assessment Plan
1775.010\45882.6
SECTION 1
INTRODUCTION
Capitalized terms used in this "City of The Colony Public Improvement District No. 1 Service
and Assessment Plan" (this "Service and Assessment Plan") shall have the meanings set forth in
Section 2. Unless otherwise defined, all references to "Section" mean a section of this Service
and Assessment Plan, and all references to "Exhibit" mean an exhibit to this Service and
Assessment Plan.
1.1 On October 8, 2012, the City Council of the City of The Colony, Texas (the "City
Council" and the "City") passed and approved Resolution No. 2012-073 creating The Colony
Public Improvement District No. 1 (the "District") pursuant to Chapter 372, Texas Local
Government Code, as amended (the "Act"). The District includes within its boundaries
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 and depicted on Exhibit A-1 (the "Property").
1.2 Portions of the Property are currently undeveloped, while other portions are under
development or fully developed. The portion of the Property described as Grandscape Addition
Lot 1/Block A consisting of 81.99 acres and identified as Denton Central Appraisal District
("Denton CAD") Tax Parcel No. 657618, and the portion of the Property described as
Grandscape Additional Lot 2/Block A consisting of 25.48 acres and identified by Denton CAD
Tax Parcel No. 657619 (collectively, the "Facility Property") is developed with a mixed-use
facility which includes approximately 1,280,000 square feet for warehouse and distribution uses,
approximately 25,000 square feet for a regional corporate headquarters, approximately 546,000
square feet for retail sales to the general public and surface and structured parking (collectively,
the "Facility"). The portion of the property described as Grandscape Addition, Phase II, Lot
2/Block D consisting of approximately 16.815 acres and identified as Denton CAD Tax Parcels
Nos. 659316, 659317, and 659318 (the "Boardwalk Property") will be developed with a
boardwalk and related amenities (the "Boardwalk"). Portions of the Property will be developed
with additional mixed-use facilities including, but not limited to, entertainment, tourism,
recreation, and convention facilities that will attract tourists, visitors, and shoppers from a wide
geographic region, and hotels, retail stores, concessions, restaurants, and other facilities related
to the entertainment, tourism, recreation, and convention uses (collectively, the "Related
Development"). The portions of the Related Development currently under development include
the following: the portion of the Property described as (1) Grandscape Addition, Phase II, Lot
6/Block A consisting of 2.105 acres and identified as Denton CAD Tax Parcel No. 649990; (2)
Grandscape Addition, Phase II, Lot 7/Block A consisting of 2.248 acres and identified as Denton
CAD Tax Parcel No. 649991; (3) Grandscape Addition, Phase II, Lot 8/Block A consisting of
2.944 acres and identified as Denton CAD Tax Parcel No. 653843; (4) Grandscape Addition,
The Colony Public Improvement District No.1 Service and Assessment Plan
Page 1
1775.010\45882.6
Phase II, Lot 9/Block A consisting of 2.683 acres and identified as Denton CAD Tax Parcel No.
653844; (5) Grandscape Addition Phase II, Lot 2/Block B consisting of 1.949 acres and
identified as Denton CAD Tax Parcel No. 655036; (6) Grandscape Addition Phase II, Lot
1/Block B consisting of 3.693 acres and identified as Denton CAD Tax Parcel No. 655035
(collectively 1.2(1)-(6) are, the "Related Development Property"). Other portions of the Property
will be developed with public improvements required to serve the Facility (the "Facility Public
Improvements"); public improvements required to serve the Boardwalk (the "Boardwalk Public
Improvements"); and public improvements required to serve the Related Development (the
"Related Development Public Improvements", and referred to collectively with the Facility
Public Improvements and the Boardwalk Public Improvements as the "Public Improvements").
1.3 The Public Improvements, and portions of the Property on which the Public
Improvements are constructed, will remain owned by the City.
1.4 It is contemplated that the Public Improvements will be constructed by or on behalf of the
City using, in part, Assessment Revenue.
1.5 Assessment Revenue from any Assessment against all or any portion of the Property will
be collected in lump sum with 30 days of the levy of the assessment and deposited into a
segregated operating account (the "PID Operating Account for Annual Assessments") created
and controlled by the City. Interest earned on the PID Operating Account for Annual
Assessments shall be added to and become part of the PID Operating Account for Annual
Assessments. The PID Operating Account created pursuant to Ordinance No. 2013-1992 shall
be renamed "PID Operating Account for Pledged Revenues." All Assessment Revenue from any
Assessment levied pursuant to Ordinance No. 2013-1992 shall be deposited into the PID
Operating Account for Pledged Revenues and transferred from that account, if at all, consistent
with the requirements of Ordinance No. 2013-1992. All Assessment Revenue from any
Assessment levied on an annual basis shall be deposited into the PID Operating Account for
Annual Assessments and used solely for the purposes determined by the City Council at the time
the Assessments are levied.
1.6 The Facility Public Improvements fall into the following categories: (1) traffic
management system; (2) enhanced police services; (3) enhanced development services; (4) street
and roadway improvements, including pavement repair and striping, maintenance of street
lighting, traffic signalization and signage, and maintenance of landscaping within public rights-
of-way; (5) water well installation; (6) water well operation and maintenance; (7) pond aeration;
and (8) pond maintenance. The Boardwalk Public Improvements fall into the following
categories: (1) enhanced development services; (2) street and roadway improvements, including
pavement repair and striping, maintenance of street lighting, traffic signalization and signage,
and maintenance of landscaping within public rights-of-way; (3) water well installation; (4)
water well operation and maintenance; (5) pond aeration; and (6) pond maintenance. The
Related Development Public Improvements fall into the following categories: (1) enhanced
The Colony Public Improvement District No.1 Service and Assessment Plan
Page 2
1775.010\45882.6
development services; (2) street and roadway improvements, including pavement repair and
striping, maintenance of street lighting, traffic signalization and signage, and maintenance of
landscaping within public rights-of-way; (3) water well installation; (4) water well operation and
maintenance; (5) pond aeration; and (6)pond maintenance. The Public Improvements are more
particularly described in the report titled PUBLIC IMPROVEMENTS REPORT, The City of
The Colony Public Improvement District No. 1, The Colony, Texas, dated March 17, 2015,
prepared by Assistant City Manager Tod Maurina (the "Official Report"), a copy of which report
is attached as Exhibit B.
1.7 The costs for the Public Improvements are estimated in the Official Report. The total
cost of the Facility Public Improvements is estimated to be $959,247.96 (the "Facility Public
Improvements Cost") as shown on Exhibit B. The total cost of the Boardwalk Public
Improvements is estimated to be $369,143.53 (the "Boardwalk Public Improvements Cost") as
shown on Exhibit B. The total cost of the Related Development Public Improvements is
estimated to be $50,909.51 (the "Related Development Public Improvements Cost") as shown on
Exhibit B. The individual line item costs shown in the Official Report and on Exhibit B for
each category of improvements are estimates and may vary item-to-item so long as the cost of all
Public Improvements do not exceed $1,379,301.00. The Facility Public Improvements Cost, the
Boardwalk Public Improvement Cost and the Related Development Public Improvements Cost
are sometime referred to collectively as the "Public Improvements Cost."
1.8 The Act governs the process by which the Public Improvements Cost is allocated to and
assessed against the Property. This process requires the preparation of an ongoing service plan
(a "Service Plan"), an assessment plan (an "Assessment Plan"), and an assessment roll (an
"Assessment Roll").
1.9 The Act requires the preparation, and the presentment to and review and approval by the
City Council, of a Service Plan covering a period of at least five years and defining the annual
indebtedness and projected costs of the Public Improvements. The Service Plan must be
reviewed and updated at least annually to determine the annual budget for the Public
Improvements. The Service Plan is contained in Section 3.
1.10 The Act requires the Service Plan to include an Assessment Plan. The Assessment Plan
assesses the Public Improvements Cost against the Property on the basis of the special benefits
conferred upon the Property by the Public Improvements. The Public Improvements Cost may
be assessed in any manner that results in imposing equal shares of the cost on Parcels similarly
benefited. The special benefit of the Public Improvements is being apportioned by this Service
and Assessment Plan to the Property in the amount of the Public Improvements Cost. The
Assessment Plan is contained in Section 4.
1.11 The Act requires the preparation of an Assessment Roll after the total Public
Improvements Cost has been determined. The Assessment Roll must state the assessment
The Colony Public Improvement District No.1 Service and Assessment Plan
Page 3
1775.010\45882.6
against each Parcel determined by the method of assessment chosen by the City Council in the
Assessment Plan. The assessment against a Parcel must be sufficient to pay the share of the
Public Improvements Cost allocated to the Parcel and cannot exceed the special benefit
conferred upon the Parcel. The Assessment Roll is contained in Section 5.
SECTION 2
DEFINITIONS
"Act" is defined in Section 1.1
"Administrator" means any person or entity designated by the City Council to perform the
obligations of the Administrator under this Service and Assessment Plan.
"Assessment" means, for a Parcel, the portion of the Public Improvements Cost allocated to and
assessed against the Parcel based on the special benefit conferred on the Parcel by the Public
Improvements.
"Assessment Plan" is defined in Section 1.8.
"Assessment Roll" is defined in Section 1.8.
"Assessment Revenue" means the revenues received by the City from the payment of
Assessments.
"Boardwalk" is defined in Section 1.2.
"Boardwalk Property" is defined in Section 1.2.
"Boardwalk Public Improvements" are defined in Section 1.2.
"Boardwalk Public Improvements Cost" is defined in Section 1.7.
"City" is defined in Section 1.1.
"City Council" is defined in Section 1.1.
"Denton CAD" is defined in Section 1.2.
"District" is defined in Section 1.1.
""Facility" is defined in Section 1.2.
"Facility Property" is defined in Section 1.2.
The Colony Public Improvement District No. 1 Service and Assessment Plan
Page 4
1775.010\45882.6
"Facility Public Improvements" are defined in Section 1.2.
"Facility Public Improvements Cost" is defined in Section 1.7.
"Official Report" is defined in Section 1.6.
"Parcel" means a parcel or tract of land within the District that is identified by (i) a metes and
bounds description, (ii) a tax map identification number assigned by Denton CAD for real
property tax purposes, or (iii) a lot and block number shown on a final subdivision plat recorded
in the real property records of Denton County, Texas.
"PID Operating Account for Pledged Revenues" is defined in Section 1.5.
"PID Operating Account for Annual Assessments" is defined in Section 1.5.
"Property" is defined in Section 1.1.
"Public Improvements" are defined in Section 1.2.
"Public Improvements Cost" is defined in Section 1.7.
"Related Development" is defined in Section 1.2.
"Related Development Property" is defined in Section 1.2.
"Related Development Public Improvements" are defined in Section 1.2.
"Related Development Public Improvements Cost" is defined in Section 1.7.
"Service and Assessment Plan" means this City of The Colony Public Improvement District
No. 1, Service and Assessment Plan, dated February 7, 2013, as amended and updated, and this
Annual Service and Assessment Plan.
"Service Plan" is defined in Section 1.8.
"Service Plan Update" is defined in Section 3.1.
"Special Benefits Report" is defined in Section 4.3.
SECTION 3
SERVICE PLAN
3.1 This Section 3 is the Service Plan for the District. This Service Plan covers a period of at
least five years beginning with calendar year 2015 and defines the projected cost and annual
The Colony Public Improvement District No.1 Service and Assessment Plan
Page 5
1775.010\45882.6
indebtedness for the Public Improvements. The Service Plan shall be reviewed and updated at
least annually for the purpose of determining the annual budget for the Public Improvements
(each such update, a "Service Plan Update").
3.2 The projected Public Improvements Cost is $1,379,301.00, and for the next five years
such cost is allocated as shown on Exhibit C.
3.3 The principal amount of any Assessment may be reduced but not increased.
SECTION 4
ASSESSMENT PLAN
4.1 Method of Assessment. This Section 4 is the Assessment Plan for the District. This
Assessment Plan assesses the Public Improvements Cost against the Property on the basis of the
special benefits conferred on the Property by the Public Improvements. The Act provides that
the Public Improvements Cost may be assessed equally per front foot or square foot (with or
without regard to the value of improvements constructed on the land) or in any other manner that
results in imposing equal shares of the cost on property similarly benefited.
4.2 Best and Highest Use. Based on: (i) the size and location of the Property within the
corporate limits of the City; (ii) the lack of public infrastructure to serve development of the
Property; (iii) the proximity of the Property to public roadways and water and sewer facilities;
(iv) the proximity of the Property to population and employment centers; (v) the scope and
economic impact of the Facility, the Boardwalk, and the Related Development on the City,
Denton County; and the north Texas region; (vi) existing and projected land uses in the vicinity
of the Property; (vii) projected growth in the greater Dallas metropolitan area and, in particular,
along the State Highway 121 corridor; and (viii) the quality of the proposed development within
the Property, the City Council has determined that: (A) the best and highest use of the Property is
for the development of the Facility, the Boardwalk, and the Related Development; (B) achieving
the best and highest use of the Property requires the Public Improvements; (C) without the Public
Improvements the Property will not be developed to its best and highest use; (D) the
establishment of the District provides an effective means of funding the Public Improvements to
achieve the best and highest use for the Property without financial burden to the City; and (E) the
Public Improvements will promote the interests of the City and confer a special benefit on the
Property.
4.3 Public Improvements Cost. The City Council has received, reviewed, and approved that
certain SPECIAL BENEFITS REPORT, The City of The Colony Public Improvement District No.
1, The Colony, Texas dated March 17, 2015, prepared by Assistant City Manager Tod Maurina, a
copy of which is attached as Exhibit D (the "Special Benefits Report"). The individual line item
costs shown in the Special Benefits Report and on Exhibit D-1 for each category of
improvements are estimates and may vary item-to-item so long as the Public Improvements Cost
The Colony Public Improvement District No.1 Service and Assessment Plan
Page 6
1775.010\45882.6
does not exceed $1,379,301.00.
4.4 Adjustment of Assessments. The Assessments described in this Article IV are based on
estimates of the Public Improvements Cost as set forth in the Official Report. If the actual cost
of the Public Improvements is less than the estimates, the Assessments shall be reduced as
determined by the Administrator and approved by the City Council in a Service Plan Update.
4.5 Subdivision; Change to Tax Exempt.
4.5.1 Upon Subdivision. If the Property is subdivided, the Assessment against the
property will be reallocated among the subdivided Parcels on a per-acre basis as
determined by the Administrator and reflected in a Service Plan Update approved by the
City Council after a public hearing for which notice addressed to "Property Owner" has
been mailed, regular mail, to the current address of the owner of the property being
subdivided as reflected on the tax rolls.
4.5.2 Upon Becoming Tax Exempt. If any portion of the Property becomes exempt
from the payment of ad valorem taxes, the owner of such portion shall pay to the City the
unpaid principal amount of the Assessment allocated (on a per-acre basis) to such portion
of the Property.
4.6 Assessment Payments. The Assessment against the Property shall be due and payable to
the City within 30 days of the levy of the Assessment.
4.7 PID Operating Account. Assessment Revenue from the collection of any Assessment
against the Property will be deposited by the City into the PID Operating Account for Annual
Assessments.
4.8 Reduction of Assessment Against the Property. The Assessment against the Property
(and the corresponding assessment lien) shall be reduced by the sum of all amounts by which the
Public Improvement Costs are reduced.
4.9 Security for Payment. All payments due in accordance with this Service and Assessment
Plan shall be treated the same with respect to the liens created to secure payment and the rights
of the City, including foreclosure, in the event of delinquencies. Any foreclosure sale of a Parcel
for nonpayment of any such amounts shall be subject to a continuing lien for the remaining
unpaid amounts in accordance with state law. All assessment liens created pursuant to
Ordinance No. 2013-1992 are superior to any lien created hereby.
4.10 Release of Lien. When an Assessment has been paid in full, the Administrator shall
notify the City, and the City shall execute a release, in recordable form, evidencing full payment
of the Assessment and the unconditional release of the lien securing payment of the Assessment.
All releases shall be reflected in a Service Plan Update.
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1775.010\45882.6
4.11 Findings and Determinations. The findings and determinations by the City Council set
forth in this Service and Assessment Plan are based on: (i) the Official Report; (ii) the Special
Benefits Report; (iii) evidence and testimony presented to the City Council; and (iv) information
made available to the City Council. The City Council has relied on the information contained in
the Official Report, Special Benefits Report, evidence, and testimony in the preparation and
approval of this Service and Assessment Plan and the allocation of the Public Improvements
Cost to the Property. Such findings and determinations represent the discretionary exercise by
the City Council of its legislative and governmental authority and power, and such findings and
determinations are conclusive and binding on the current and future owners of the Property.
SECTION 5
ASSESSMENT ROLL
This Section 5 is the Assessment Roll for the District. The Assessment Roll is set forth
on Exhibit E and includes each Parcel against which an assessment should be levied in the
amount shown on Exhibit E which is the portion of the Public Improvements Cost that the City
Council has determined confers a special benefit on the Property.
SECTION 6
ADDITIONAL PROVISIONS
6.1 Severability. The provisions of this Service and Assessment Plan are intended to be
severable. In the event any provision of this Service and Assessment Plan, or the application
thereof to any person or circumstance, is held or determined to be invalid, illegal, or
unenforceable, and if such invalidity, unenforceability, or illegality does not cause substantial
deviation from the underlying intent of the City Council as expressed in this Service and
Assessment Plan, then such provision shall be deemed severed from this Service and Assessment
Plan with respect to such person, entity, or circumstance without invalidating the remainder of
this Service and Assessment Plan or the application of such provision to other persons, entities,
or circumstances.
6.2 Exhibits. The following exhibits are part of this Service and Assessment Plan:
Exhibit A Legal Description of the Property
Exhibit A-1 Depiction of the Property
Exhibit B Official Report- Public Improvements Cost
Exhibit C Service Plan: Five-Year Projection of Public Improvements Costs
Exhibit D Special Benefits Report
Exhibit D-1 Facility Public Improvements Cost— Special Benefit Analysis
Exhibit E Assessment Roll
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1775.010\45882.6
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.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;
Exhibit A to The Colony SAP—Description of the Property Page 1
1775.010\45882.6
Exhibit A
Legal Description of the Property(439.12 Acres)
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;
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
Exhibit A to The Colony SAP—Description of the Property Page 2
1775.010\45882.6
Exhibit A
Legal Description of the Property(439.12 Acres)
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;
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
Exhibit A to The Colony SAP—Description of the Property Page 3
1775.010\45882.6
Exhibit A
Legal Description of the Property(439.12 Acres)
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.);
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
Exhibit A to The Colony SAP—Description of the Property Page 4
1775.010\45882.6
Exhibit A
Legal Description of the Property(439.12 Acres)
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 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
Exhibit A to The Colony SAP—Description of the Property Page 5
1775.010\45882.6
Exhibit A
Legal Description of the Property(439.12 Acres)
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 A to The Colony SAP—Description of the Property Page 6
1775.010\45882.6
Exhibit A-1
Depiction of the Property
h II ,
T COLONY 1
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SCALE:1"=2000'
Lai: Graham Assodates,Inc. EXHIBIT B
CONSULTING ENGINEERS 8 PLANNERS
10001X F1.0.138 DRIVE,suns 500
AR181OTON.1EtAS 78011 ro17)
TOPE Mit 10153840
DRAWN BY:QAI DATE: SEPTEMBER 2012
Exhibit A-1 to The Colony SAP-Depiction of the Property
Page 1
1775.010\45882.6
Exhibit B
Official Report
PUBLIC IMPROVEMENTS REPORT
The City of The Colony Public Improvement District No. 1
The Colony, Texas
PREPARED BY:
Tod Maurina, Assistant City Manager
DATED: March 17, 2015
Exhibit B to The Colony SAP—Official Report
Page 1
1775.010\45882.6
Exhibit B
Official Report - Public Improvements Cost
Related „1 I
Public Improvements Facility Boardwalk
Development
,-,:*!t?:*--t-:-.2.-> "';'.'''''''-'''' -:i'''''''7:::41
Traffic management system $486,600.00 $0 $0 ,
Enhanced police services $122,421.00 $0 $0 y:::Akir lfifs,:ro i, 3
Via 4.
i
Enhanced development services $163,562.57 $24,991.73 $23,775.70 1 '”' _4 ,,
Street and roadway improvements $115,394.31 $17,631.80 $16,773.89 1, g
k
Water well installation $52,385.21 $240,000.00 $7,614.79 ,t �
Water well operation and $768.32 $3,520.00 $111.68 'v £,;' 47
maintenance .
�.
: h ,
Pond aeration $17,068.85 $78,200.00 $2,481.15 f .47 1 '
Pond maintenance $1,047.70 $4,800.00 $152.30 ":. sl' i
,,z,. t4-" Mt' ;.
71.;"3h ;',4„.'Y. Flw{; '# .— x, v,�, vg`sficm t i ,', ' ,' P ` .,to ;7,74'. ,:� . R " i
6,7
Exhibit B to The Colony SAP—Official Report-Public Improvements Cost
Page 1
1775.010\45882.6
Exhibit C
Service Plan: Five-Year Projection of Facility Public Improvements Cost
2015 2016 2017 2018 2019
$1,379,301.00 $1,113,102.00 $1,113,102.00 $1,113,102.00 $1,113,102.00
Exhibit C to The Colony SAP-Projection of Facility Public Improvements Cost
Page 1
1775.010\45882.6
..............
Exhibit D
Special Benefits Report
SPECIAL BENEFITS REPORT
The City of The Colony Public Improvement District No. 1
The Colony, Texas
PREPARED BY:
Tod Maurina, Assistant City Manager
DATED: March 17, 2015
Exhibit D to The Colony SAP—Special Benefits Report
Page 1
1775.010\45882.6
The Facility is expected to generate eight million customers each year. Given the traffic and
security needs of the Facility, above those provided as part of the City's basic municipal services,
one hundred percent of the Public Improvements for the traffic management system and
enhanced police services are attributable to the Facility Property. The Facility Property is a
single economic unit comprised of two tax parcels. The costs attributable the Public
Improvements for the traffic management system and enhanced police services are allocated to
the two tax parcels based on acreage.
The water well and pond amenities primarily benefit the Boardwalk given their proximity. As
such, eight percent of the Public Improvements for the water well installation, water well
operation and maintenance,pond aeration and pond maintenance are attributable to the
Boardwalk Property. The remaining 20 percent of these Public Improvements are allocated to
the Facility and the Related Development on a per acre allocation such that the Facility Property
is apportioned 87.31 percent(107.47 Facility Property/123.092 = 87.31%) of the remaining costs
and the Related Development Property is apportioned 12.69 percent (15.622 Related
Development Property/123.092 total acres= 12.69%) of the remaining costs. In other words,
the Facility is allocated 17.46 percent of the remaining 20 percent; and the Related Development
is allocated 2.54 percent of the remaining 20 percent.
The enhanced development services and the street and roadway Public Improvements are
allocated on a per-acre basis to the Facility Property, the Boardwalk Property and the Related
Development Property such that the Facility Property is apportioned 77.03 percent (107.47
Facility Property/139.513 total acres); the Boardwalk Property is apportioned 11.77 percent
(16.421 Boardwalk Property/139.513 total acres); and the Related Development Property is
apportioned 11.20 percent (15.622 Related Development Property/139.513 total acres).
Exhibit D to me Colony SAP—Special Benefits Report
Page 2
1775.010\45882.6
Total Estimated Cost Cost Cost Allocated to
Description of Public Cost Allocated to Allocated to Related
Improvements Facility Boardwalk Development
Traffic management $486,600.00 $486,600.00 $0 $0
system
Enhanced police $122,421.00 $122,421.00 $0 $0
services
Enhanced $212,330.00 $163,562.57 $24,991.73 $23,775.70
development services
Street and roadway $149,800.00 $115,394.31 $17,631.80 $16,773.89
improvements
Water well $300,000.00 $52,385.21 $240,000.00 $7,614.79
installation
Water well operation $4,400.00 $768.32 $3,520.00 $111.68
and maintenance
Pond aeration $97,750.00 $17,068.85 $78,200.00 $2,481.15
Pond maintenance $6,000.00 $1,047.70 $4,800.00 $152.30
TOTALS $1,379,301.00 $959,247.96 $369,143.53 $50,909.51
Exhibit D to The Colony SAP—Special Benefits Report
Page 3
1775.010\45882.6
Exhibit D-1
Facility Public Improvements Cost—Special Benefit Analysis
TOTALS Special Benefit to Special Benefit to Special Benefit to
Public Improvements Facility Property Boardwalk Property Related Development
Property
Traffic management $486,600.00 100% 0% 0%
system
Enhanced police $122,421.00 100% 0% 0%
services
Enhanced development $212,330.00 77.03% 11.77% 11.20%
services
Street and roadway $149,800.00 77.03% 11.77% 11.20%
improvements
Water well installation $300,000.00 17.46% 80.00% 2.54%
Water well operation $4,400.00 17.46% 80.00% 2.54%
and maintenance
Pond aeration $97,750.00 17.46% 80.00% 2.54%
Pond maintenance $6,000.00 17.46% 80.00% 2.54%
TOTALS $1,379,301.00
Exhibit D-1 to The Colony SAP—Facility Public Improvements Cost Special Benefit Analysis
Page 1
1775.010\45882.6
Exhibit E
Assessment Roll
Tax Parcel Assessment
Facility Property ($959,247.96)
#657618 — 81.99 acres —76.29% $731,810.26
#657619—25.48 acres—23.71% $227,437.69
Boardwalk Property($369,143.53)
#659316, 659317, and 659318 — $369,143.53
16.815 acres 100%
Related Development Property ($50,909.51)
#649990—2.105 acres—S 13.47% $6,857.51
#649991 —2.248 acres— 14.39% $7,325.88
#653843 - 2.944 acres— 18.85% $9,596.44
#653844—2.683 acres—j 17.17% $8,741.16
#655035—3.693 acres —23.64% $12,035.01
#655036— 1.949 acres— 12.48% $6,353.51
Exhibit E to The Colony SAP—Reimbursement Agreement
Page 1
1775.010\45882.6