HomeMy WebLinkAboutResolution No. 2012-044
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2012-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING AN AGREEMENT BY AND BETWEEN
THE CITY OF THE COLONY, TEXAS, THE COLONY ECONOMIC
DEVELOPMENT CORPORATION, THE COLONY COMMUNITY
DEVELOPMENT CORPORATION, AND CROSSON DANNIS, INC., A
TEXAS CORPORATION, FOR PROFESSIONAL APPRAISAL
SERVICES; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 252.051 of the Texas Local Government Code provides that "[a]
municipality may not purchase property wholly or partly with bond proceeds until the
municipality obtains an independent appraisal of the property's market value"; and
WHEREAS, the City Council of the City of The Colony, Texas, finds and determines
that the expenditure as specified in the Agreement, a copy of which is attached hereto as Exhibit
A, is consistent with Section 252.051 of Texas Local Government Code, as amended; and
WHEREAS, the City Council of the City of The Colony, Texas, hereby finds and
determines that the adoption of this Resolution is in the best interests of the citizens of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
SECTION 2. The City Council of the City of The Colony, Texas, does hereby approve
the Agreement, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all
purposes.
SECTION 3. The City Council of the City of The Colony, Texas, does hereby approve
the expenditures by the The Colony Community Development Corporation, and The Colony
Economic Development Corporation pursuant to the Agreement, a copy of which is attached
hereto as Exhibit A.
SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto to any persons or circumstances, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this Resolution; and the City Council hereby declares it would have
passed such remaining portions of this Resolution despite such invalidity, which remaining portions
shall remain in full force and effect.
SECTION 5. This Resolution shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 15"' day of MAY, 2012.
oe Mc o ry Mayor
ATTEST:,
Ch trsiiCh eWilson, City Secretary
APPROVED AS TO FORM:
Jeff Moor, City Attorney
~''"zZZrzzrxv:
Page 2
Exhibit A
[Agreement]
Page 3
AGREEMENT FOR PROFESSIONAL APPRAISAL SERVICES
This Agreement for Professional Appraisal Services (hereinafter referred to as the
"Agreement"), is entered into by the City of The Colony, Texas, a Texas home-rule municipality
(hereinafter referred to as the "City"), The Colony Economic Development Corporation
(hereinafter referred to as the "EDC"), a Type A economic development corporation, created
pursuant to Chapter 504 of the Texas Local Government Code, The Colony Community
Development Corporation (hereinafter referred to as the "CDC"), a Type B Community
Development corporation, created pursuant to Chapter 505 of the Texas Local Government Code,
and Crosson Dannis, Inc., a Texas corporation (hereinafter referred to as the "Corporation"),
relative to providing professional appraisal services to the City, EDC> and CDC.
WHEREAS, City, EDC, and CDC desire to obtain professional appraisal services in
connection with the appraisal of the approximately 433.81 acre tracts of land, as generally
described in Exhibit A of this Agreement, which is attached hereto and incorporated herein for
all purposes (hereinafter referred to as the "Project").
NOW, THEREFORE, for and in consideration of the agreements contained herein, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City, the EDC, the CDC, and Corporation agree as follows:
1. Term of Agreement. This Agreement shall become effective on the date of its
execution by all Parties, and shall continue in effect thereafter until terminated as provided
herein.
2. Services to be Performed by Corporation. The scope of services shall be to
perform an appraisal of the approximately 433.81 acre Property.
3. Compensation of Corporation. CDC, EDC, and City agree to pay to Corporation
for satisfactory completion of all services included in this Agreement a total sum fee of
$6,500.00 for the Project. Lump sum fees shall be billed monthly based on percentage complete.
Hourly not to exceed fees shall be billed monthly based on hours of work that have been
completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, etc. are
included in fees and shall be billed as completed.
Corporation agrees to submit monthly statements to the City for basic professional
appraisal services. These statements will be based upon Corporation's actual services performed
and reimbursable expenses incurred, if any, and the City shall endeavor to make prompt
payments. Each monthly invoice submitted by Corporation to the City shall be reasonably
itemized to show the amount of work performed during that month broken down by the identity
of the person(s) performing such work, the amount of time expended by such person(s) in
performing that work, the billing rate for each such person, and a brief summary of the work
performed by each such person. If the EDC, CDC, or City fails to pay Corporation within sixty
(60) calendar days of the receipt of Corporation's invoice, Corporation may, after giving ten (10)
days written notice to the EDC, CDC, or City, suspend professional appraisal services until paid.
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Nothing contained in this Agreement shall require the EDC, CDC or City to pay for any
work that is unsatisfactory as reasonably determined by the EDC, CDC, or City or which is not
submitted in compliance with the terms of this Agreement.
The Scope of Services shall be strictly limited. EDC, CDC or City shall not be required to
pay any amount in excess of the original proposed amount unless EDC, CDC or City shall have
approved in writing in advance (prior to the performance of additional work) the payment of
additional amounts; however, nothing herein shall prohibit or otherwise limit Corporation from
reallocating costs between different project tasks, upon consent of the EDC, CDC or City, such
consent not to be unreasonably withheld.
4. EDC, CDC and City's Obligations. The EDC, CDC, and City agree that it will
(1) designate a specific person as the EDC, CDC, and City's representative, (ii) provide
Corporation with any previous studies, reports, data, budget constraints, special City
requirements, or other pertinent information known to the EDC, CDC, or City, when necessitated
by a project, (iii) when needed, assist Corporation in obtaining access to properties necessary for
performance of Corporation's work for the EDC, CDC and City, (iv) make prompt payments in
response to Corporation's statements and (v) respond in a timely fashion to requests from
Corporation. Corporation is entitled to rely upon and use, without independent verification and
without liability, all information and services provided by the EDC, CDC or City or the EDC,
CDC, or City's representatives.
5. Termination. The obligation to provide further services under this Agreement
may be terminated by either party in writing upon thirty (30) calendar days' notice. In the event
of termination by the EDC, CDC or City, the Corporation shall be entitled to payment for
services rendered through receipt of the termination notice.
6. Ownership and Reuse of Documents. Upon completion of Corporation's
services and receipt of payment in full therefore, Corporation agrees to provide the EDC, CDC ,
and City with an irrevocable license to the materials and documents prepared or assembled by
Corporation under this Agreement and shall be delivered to the EDC, CDC, and City without
restriction on future use. Corporation may retain in its files copies of all drawings, specifications
and all other pertinent information for the work it performs for the EDC, CDC, and City. EDC,
CDC or City's reuse of documents and/or materials provided by or through Corporation on
another project or other projects shall be at the EDC, CDC, or City's risk and Corporation shall
have no liability therefor.
7. Notices. Any notices to be given hereunder by either party to the other may be
affected either by personal delivery, in writing, or by registered or certified mail.
8. Sole Parties and Entire Agreement. This Agreement shall not create any rights
or benefits to anyone except the EDC, CDC, City and Corporation, and contains the entire
agreement between the parties. Oral modifications to this Agreement shall have no force or
effect.
9. Indemnification. Corporation does hereby covenant and agree to release,
indemnify and hold harmless the EDC, CDC, and City and its officials, officers, agents,
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representatives, employees and invitees from and against liability, claims, suits, demands and/or
causes of action, (including, but not limited to, reasonable attorney's fees and costs of litigation),
which may arise by reason of death or injury to property or persons but only to the extent
occasioned by the negligent act, error or omission of Corporation, its officials, officers, agents,
employees, invitees or other persons for whom Corporation is legally liable with regard to the
performance of this Agreement.
In the event that the EDC, CDC, City and Corporation are concurrently negligent, the
Parties agree that all liability shall be calculated on a comparative basis of fault and responsibility
and that neither Party shall be required to defend or indemnify the other Party for that Party's
negligent or intentional acts, en-ors or omissions.
10. Insurance. Corporation shall, at its own expense, purchase, maintain and keep in
force throughout the duration of this Agreement and for a period of three years thereafter,
professional liability insurance. The limits of liability shall be at least $1,000,000.00 per claim
and in the aggregate. Any such policy of insurance and the Declarations Page therefore shall
identify if coverage is being provided on an "occurrence" or "claims-made" basis. If this
coverage is being provided on a claims-made basis, Corporation must maintain this policy for a
period of four (4) years after the cessation of any work for the EDC, CDC, and City or shall
purchase the extended reporting period or "tail" coverage insurance providing equivalent
coverage for the same period of time. Corporation shall submit to the EDC, CDC, and City proof
of such insurance prior to commencing any work for the EDC, CDC, and City.
11. Prompt Performance by Corporation. All services provided by Corporation
hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised
under similar circumstances by competent members of the appraisal profession in the State of
Texas applicable to such appraisal services contemplated by this Agreement, and Corporation
shall be responsible for all services provided hereunder whether such services are provided
directly by Corporation or by any other professionals and/or consultants hired by Corporation.
Corporation shall perform all duties and services and make all decisions called for hereunder
promptly and without unreasonable delay as is necessary to cause Corporation's services
hereunder to be timely and properly performed. Notwithstanding the foregoing, Corporation
agrees to use diligent efforts to perform the services described herein and further defined in the
specific task orders, in a manner consistent with these task orders. However, the EDC, CDC, and
City understands and agrees that Corporation is retained to perform a professional service and
such services must be bound, first and foremost, by the principles of sound appraisal judgment
and reasonable diligence.
12. EDC, CDC, or City Objection to Personnel. If at any time after entering into
this Agreement, the EDC, CDC, or City has any reasonable objection to any of Corporation's
personnel, or any personnel, professionals and/or consultants retained by Corporation,
Corporation shall promptly propose substitutes to whore the EDC, CDC and/or City has no
reasonable objection, and Corporation's compensation shall be equitably adjusted to reflect any
difference in Corporation's costs occasioned by such substitution.
13. Assignment and Delegation. Neither the EDC, CDC, City nor Corporation may
assign their rights or delegate their duties without the written consent of the other party. This
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Agreement is binding on the EDC, CDC, City and Corporation to the extent permitted by law.
Nothing herein is to be construed as creating any personal liability on the part of any EDC, CDC
or City officer, employee or agent.
14. Texas Law to Apply; Successors; Construction. This Agreement shall be
construed under and in accordance with the laws of the State of Texas. It shall be binding upon,
and inure to the benefit of, the parties hereto and their representatives, successors and assigns.
Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall
be deemed void, and this Agreement shall be construed as if such provision had never been
contained herein.
15. Conflict of Interest. Corporation covenants that during the Agreement period that
Corporation shall have no interest and shall not acquire any interest, direct or indirect, which will
conflict in any manner or degree with the performance of the services to be performed under this
Agreement. All activities and other efforts made by Corporation pursuant to this Agreement shall
be conducted only by Corporation and professionals and/or consultants retained by Corporation.
Any violation of this Paragraph, with knowledge, express or implied, by Corporation shall render
this Agreement voidable by the City.
16. Venue. The parties herein agree that this Agreement shall be enforceable in The
Colony, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Denton
County, Texas.
17. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the signatories
hereto, the signatories agree to submit such disagreement to non-binding mediation.
18. Prevailing Party. In the event a Party initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees
(including its reasonable costs and attorney's fees on any appeal).
19. Signatories. The EDC, CDC and City warrant and represent that the individual
executing this Agreement on behalf of the EDC, CDC or City as appropriate has full authority to
execute this Agreement and bind the EDC, CDC, or City to the same. Corporation warrants and
represents that the individual executing this Agreement on its behalf has full authority to execute
this Agreement and bind Corporation to same.
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IN WITNESS WHEREOF, the parties, having read and understood this Agreement,
have executed such j"day uplicate copies, each of which shall have full dignity and force as an
original, on the of May, 2012.
CITY:
CITY OF THE COLONY, TEXAS,
a Texas home-rule municipality
By:
oe Mc& y, Mayor
Date•
ATTEST..
C rstie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore... City Attorney
EDC:
THE COLONY ECONOMIC DEVELOPMENT
CORPORATION,
a Texas non-profit corporation
By:
Tom Tvardzik, President
Date:
ATTEST:
Fem Omonije, Secretary
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CDC:
THE COLONY COMMUNITY
DEVELOPMENT CORPORATION
a Texas non-profit corporation
TcR nv awrcnce, President
Date: T o 12E
AT I'EST: J>
Lisa Oar), Secretary
CORPORATION:
CROSSON DANNIS, INC.,
a Texas corporation
By:
Charles Dfltuais, MAT, SRA
Date:
G
Exhibit A
[Property]
7
Exhibit A
Metes and Bounds Description of the Property
METES AND BOUNDS DESCRIPTION
TRACT 1
BEING a 5.02 acre tract of land situated in the B.B.B. & C.R. Survey, Abstract No. 173, City of
The Colony, Denton County, Texas, and being part of a tract of land described as Tract II as
conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page
281, Official Public Records, Denton County, Texas. Said 5.02 acre tract of land being more
particularly described by metes and bounds as follows:
BEGINNING at a found 5/8 inch iron rod with KHA cap for corner, being the intersection of the
south right-of-way line of State Highway 121 (a variable width R.O.W.) and the southwest right-
of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent
curve to the left having a radius of 1050.00 feet, a central angle of 50°34'13" and a long chord
which bears South 64°23'31" East, 896.96 feet;
THENCE southeasterly, along said southwest right-of-way line of Plano Parkway and said non-
tangent curve to the left, an are distance of 926.75 feet to a point for corner, being in the north
line of a tract of land conveyed by deed to CB/Tittle, Ltd., as recorded in Instrument No. 99-
R0007181, Official Public Records, Denton County, Texas;
THENCE South 89°58'40" West, leaving said southwest right-of-way line and following along
said north line of CB/Tittle tract, at a distance of 1009.25 feet passing the northeast corner of a
tract of land described as Tract F3, as conveyed by deed to Castle Hills Property Company, as
recorded in Instrument No. 2006-153339, Official Public Records, Denton County, Texas, and
continuing with the north line of said Castle Hills Property Company tract, for a total distance of
1210.45 feet to a point for corner;
THENCE North 00°25'18" West, with the northernmost east line of said Castle Hills Property
Company tract, at a distance of 97.47 feet passing the northernmost corner, and continuing with
said south right-of-way line of State Highway 121, for a total distance of 226.47 feet to a point
for corner;
THENCE continuing with said south right-of-way line of State Highway 121 as follows:
North 63°32'06" East, for a distance of 130.52 feet to a point for corner;
North 60°22'33" East, for a distance of 80.86 feet to a point for corner;
South 29°13'03" East, for a distance of 50.00 feet to a point for corner;
North 60°47'38" East, for a distance of 219.64 feet to the POINT OF BEGINNING and
CONTAINING 218,740 square feet or 5.02 acres of land, more or less.
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METES AND BOUNDS DESCRIPTION
TRACT 2
BEING a 377.68 acre tract of land situated in the Thomas A. West Survey, Abstract No. 1344,
the B.B.B. & C.R. Survey, Abstract No. 173, the B.B.B. & C.R. Survey, Abstract No. 174 and
the M.D.T. Hallmark Survey, Abstract No. 570, City of The Colony, Denton County, Texas,
being part of a tract of land described as Tract I as conveyed by deed to Maharishi Global
Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton
County, Texas, being part of a called 122.8106 acre tract of land conveyed by Correction Deeds
to Crow-Billingsley UMF Plano, Ltd., as recorded in Instrument No. 2004-44212, 2004-44213,
2004-44214 and 2004-44218, Official Public Records, Denton County, Texas, and being a part of
McKamy Road (an unrecorded right-of-way) SAVE AND EXCEPT those certain tracts of land
conveyed in deeds recorded in Volume 5366, Page 977, Instrument No. 2006-49955, 2006-49957
and 2006-75193, Official Public Records, Denton County, Texas. Said remaining 377.68 acre
tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said 377.68 acre
tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State
Highway 121) (a variable width R.O.W.) and the west right-of-way line of Burlington Northern
Railroad (a 100 foot R.O.W. at this point);
THENCE continuing with said west right-of-way line of Burlington Northern Railroad as
follows:
THENCE South 06°59'58" East, for a distance of 832.17 feet to a point for corner, being
the beginning of a tangent curve to the right having a radius of 3703.75 feet, a central
angle of 13°04'33" and a long chord which bears South 00°27'42" East, 843.42 feet;
THENCE southeasterly, along said curve to the right, an arc distance of 845.26 feet to a
point for corner;
THENCE South 06°04'35" West, for a distance of 2524.64 feet to a point for corner;
THENCE North 83°17'00" West, for a distance of 190.16 feet to a point for corner;
THENCE South 00°51'51" East, for a distance of 970.10 feet to a point for corner;
THENCE South 89°03'50" West, for a distance of 31.58 feet to a point for corner;
THENCE South 01°14'37" East, for a distance of 448.38 feet to a point for corner, being
the northeast corner of a tract of land conveyed by deed to Frankford Road Investors No.
1, as recorded in Instrument No. 2006-49957, Official Public Records, Denton County,
Texas;
THENCE North 87°06'22" West, leaving said west right-of-way line and following along the
north line of said Frankford Road Investors No. 1, for a distance of 1240.48 feet to a point for
corner, being in the northerly right-of-way line of Plano Parkway (a 100 foot R.O.W.), and being
9
the beginning of a non-tangent curve to the left having a radius of 1130.00 feet, a central angle of
103°16'58" and a long chord which bears North 38°43'34" West, 1772.16 feet;
THENCE continuing with said northerly right-of-way line of Plano Road as follows:
THENCE northwesterly, along said non-tangent curve to the left, an arc distance of
2036.97 feet to a point for corner;
THENCE South 89'38'05" West, for a distance of 647.23 feet to a point for corner, being
the beginning of a non-tangent curve to the right having a radius of 950.00 feet, a central
angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet;
THENCE northwesterly, along said non-tangent curve to the right, an arc distance of
664.77 feet to a point for corner, being the beginning of a reverse curve to the left having
a radius of 1050.00 feet, a central angle of 40°14'10" and a long chord which bears North
70°21'30" West, 722.31 feet;
THENCE northwesterly, along said reverse curve to the left, an arc distance of 737.37
feet to a point for corner;
THENCE South 89°31'25" West, for a distance of 623.83 feet to a point for corner, being
the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle
of 52°49'04" and a long chord which bears North 64°04'03" West, 845.07 feet;
THENCE northwesterly, along said curve to the right, an arc distance of 875.75 feet to a point for
corner, being the most southerly point of a corner-clip with said south right-of-way line of Sam
Rayburn Tollway (State Highway 121);
THENCE North 08°46'31" East, along said corner-clip, for a distance of 26.03 feet to a point
for corner, being in said south right-of-way line of Sam Rayburn Tollway (State Highway
121);
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THENCE continuing, with said south right-of--way line of Sam Rayburn Tollway (State
Highway 121) as follows:
THENCE North 60°47'38" East, for a distance of 203.71 feet to a point for corner;
THENCE North 58°17'36" East, for a distance of 252.11 feet to a point for corner;
THENCE North 55°47'40" East, for a distance of 105.11 feet to a point for corner;
THENCE North 58°17'42" East, for a distance of 248.62 feet to a point for corner;
THENCE North 60°47'38" East, for a distance of 263.85 feet to a point for corner;
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THENCE North 76°30'51" East, for a distance of 92.27 feet to a point for corner;
THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for corner;
THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner;
THENCE North 60°16'36" East, for a distance of 39.88 feet to a point for corner;
THENCE South 74'1 TO 1 " East, for a distance of 70.70 feet to a point for corner;
THENCE North 60°47'38" East, for a distance of 64.12 feet to a point for corner;
THENCE North 15°47'17" East, for a distance of 73.27 feet to a point for corner;
THENCE North 59°04'32" East, for a distance of 94.25 feet to a point for corner;
THENCE North 55°39'04" East, for a distance of 100.40 feet to a point for corner;
THENCE North 47°37'54" East, for a distance of 114.18 feet to a point for corner;
THENCE North 60°47'38" East, for a distance of 3800.00 feet to a point for corner;
THENCE North 65°20'10" East, for a distance of 189.41 feet to a point for corner;
THENCE North 61 °56'23" East, for a distance of 100.02 feet to a point for corner;
THENCE North 63°39'23" East, for a distance of 100.12 feet to a point for corner;
THENCE North 64°47'53" East, for a distance of 100.24 feet to a point for corner;
THENCE North 66°30 16" East, for a distance of 201.00 feet to a point for comer;
,
THENCE North 65°56'12" East for a distance of 100.40 feet to a point for corner;
THENCE North 66°30'16" East, for a distance of 100.50 feet to a point for corner;
THENCE North 63°05 04" East, for a distance of 100.08 feet to a point for corner;
,
THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner;
THENCE North 83°05'27" East, for a distance of 69.58 feet to a point for corner;
THENCE North 60'39'18" East, for a distance of 33.81 feet to the POINT OF
BEGINNING and CONTAINING 16,451,919 square feet or 377.68 acres of land, more
or less.
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METES AND BOUNDS DESCRIPTION
TRACT 3
BEING a 51.11 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611 and the
B.B.B. & C.R. Survey, Abstract No. 174, City of The Colony, Denton County, Texas, and being
all of a called 27.073 acre tract of land conveyed by deed to Sealy Spring Creek Partners, L.P., as
recorded in Instrument No. 2007-83136 and all of a called 23.990 acre tract of land conveyed by
deed to Whiteford Limited Partners, as recorded in Instrument No. 2004-132215 Official Public
Records, Denton County, Texas. Said 51.11 acre tract of land being more particularly described
by metes and bounds as follows:
BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said Sealy
Spring Creek Partners tract, being the intersection of the south right-of-way line of Sam Rayburn
Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of-way line of West
Spring Creek Parkway (a 160 foot R.O.W.);
THENCE South 29°24'43" East, along said west right-of-way line of West Spring Creek
Parkway, for a distance of 265.52 feet to a point for corner, being the beginning of a non-tangent
curve to the right having a radius of 970.00 feet, a central angle of 29° 13'42" and a long chord
which bears South 14°53'13" East, 489.48 feet;
THENCE southeasterly, along said west right-of-way line and said non-tangent curve to the
right, an are distance of 494.83 feet to a point for corner;
THENCE South 00°22'42" East, continuing along said west right-of-way line, for a distance of
476.17 feet to a point for corner, being the northeast corner of said Whiteford Limited Partners
tract;
THENCE South 00°23'35" East, continuing along said west right-of-way line, for a distance of
864.92 feet to a point for corner, being the northeast comer of Lot 1, Block A, Kings Ridge
Addition, Phase Three, an addition to the City of Plano, as recorded in Cabinet X, Page 450, Plat
Records, Denton County, Texas;
THENCE South 89°40'20" West, leaving said west right-of-way line, and following along the
south line of said Whiteford Limited Partners tract and the north line of said Block A, Kings
Ridge Addition, Phase Three, being a common line, for a distance of 1199.93 feet to a point for
corner, being the northwest corner of Lot 23 of said Block A, Kings Ridge Addition, Phase
Three, being in the east right-of-way line of Burlington Northern Railroad (a 100 foot R.O.W. at
this point), and being the beginning of a non-tangent curve to the left having a radius of 3487.75
feet, a central angle of 8°31'36" and a long chord which bears North 01°45'21" West, 518.57 feet;
THENCE northwesterly, leaving said common line, and following along said east right-of-way
line of Burlington Northern Railroad and said non-tangent curve to the left, an arc distance of
519.05 feet to a point for corner;
THENCE North 06°43'29" West, continuing along said east right-of-way line, for a distance of
345.89 feet to a point for corner, being the northwest corner of said Whiteford Limited Partners
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tract;
THENCE North 07°03'01" West, continuing along said east right-of-way line, for a distance of
628.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway;
THENCE North 60°45'58" East, leaving said east right-of-way line and following along said
south right-of-way line of Sam Rayburn Tollway, for a distance of 254.35 feet to a point for
corner;
THENCE North 63°19'02" East, continuing along said south right-of-way line, for a distance of
585.96 feet to a point for corner;
THENCE North 60°52'09" East, continuing along said south right-of-way line, for a distance of
369.37 feet to the POINT OF BEGINNING and CONTAINING 2,226,193 square feet or 51.11
acres of land, more or less.
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