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Villages C P3&4-CS 870814" ll.O0 ff _ SFCO LBJ~ 'h accomodation RELEASE " ': THE STATE OF TEXAS .~. ~ :'.' ~ RELEASE is~ntered into by/ the City of Coppell, Texas This ") this /_~____~day of ~ .~_~~_~.., 1987. (the "City 1. The City, on behalf of itself ~nd its successors, legal representatives and assigns, for and in consideration of the benefits to be received ~ twhe City, in connection with that certain Agreement dated //~;~~3~z~, 1987 by and between the City and Triland Investment ~r°u~regarding the acquisition by the City of a certain~Q~kjtract and utility facility tract and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, does hereby voluntarily and knowingly execute this Release with the express intention of effecting the extinguishment of certain obligations as herein designated. 2. The City, with the intention of binding itself and its respective successors, legal representatives, and assigns, does hereby completely, irrevocably and unconditionally, without limitation, release and forever discharge BDC Development Corporation, a Texas corporation, its successors, legal representatives, assigns, agents, employees, officers, directors and stockholders (collectively, "BDC") and/or that certain real property situated in Dallas County, Texas being more specifically described on Exhibit "A" attached hereto and incorporated herein by reference for all purposes (the "Property") or any portion thereof of and from any and all obligations, duties, liabilities, damages, losses, assessments, contributions, costs and expenses whatsoever, whether arising pursuant to a contractual obligation or under the laws and ordinances of any governmental authority having jurisdiction' over BDC and/or .the Property, or whether presently known or unknown, direct or indirect, fixed or contingent, which has arisen or may arise or be in any way connected with or related to the following: (i) DeForest Road, including, without limitation, the constructing, improving or widening thereof or the installation'of utility facilities therein, and expressly including any obligation to improve DeForest Road with a two (2) inch asphalt overlay; and (ii) the escrow obligation of Triland Investment Group to escrow the sum of $327,500.00 for future improvements to DeForest Road (as_-more particularly set forth in the above-described Agreement with the City). 87168 6223 3. The City, with the intention of binding itself and its successors, legal representatives and assigns, does hereby further agree that no obligation, duty, liability, damage, loss, assessment, contribution, cost or expense arising or in any way connected with the matters described in (i) and (ii) above shall ever be imposed against BDC and/or the Property or any portion thereof as a condition to final approval of the plat with respect to the Property or any portion thereof or the issuance of any other governmental permit required to be obtained from the City in connection with the development of the Property. DATED AND EXECUTED as of the date first above written. THE CITY OF COPPELL, TEXAS Ti tle: MAYOR Name: DOROT~ TIMe, iNS Title: CITY'SECRETARY THE STATE OF TEXAS ~ COUNTY OF COPPELL ~ BEFORE ME, the undersigned authority, on this day personally appeared /OU OU~~ , ~ ~O~ , of the City of Coppell kn6Qn to me to be the person an§ of~i6er whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said City and that he executed the same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /~day of NO~RY PUBLIC'IN AND FOR THE STATE OF TEXAS My Co~ission Expires: ~ (Printed Name of Notary) LINDE LEE GRAU 8 7 I' 6:8 6 2 2 EKR1BIT "A" .-! ~eing a tract of land situated in the Patience Piles Survey, Abstract Ko. 1137, · nd the B.B.B. & C.R.R. Survey, Abstract No. 199 in the City of Coppell, Dallas County, Texas and being more particularly described as follows: BECIh~ING at a ~ inch iron rod found for corner in the south line of DeForest Road (30 feet right-of-way), said point being S 89' 44' 05" E, a distance of 1472.50 feet from the intersection of said south line with the east line of Samuel Boulevard (41.92 feet right-of-way); THENCE S 89' 44' 05" E, along the south line of said DeForest Road for a distance of 1,127.50 feet to 'a ~ inch iron rod set for corner at the intersection of said south linc with thc center line of future Allen Road (proposed 60 feet right-of- way); THE!iCE S 00' 15' 55" W, along said center line for a distance of lO0.O0 feet to a ~ inch iron rod set at the beginning of a circular curve to the left; TMENCE, along said circular curve to the left, having a central anglo'of ~I' 15' 41", a radius of 500.00 feet, a tangent length of 139.89 feet, for an arc length of 272.81 feet to a ~ inch iron rod set for a point of tangency; THENCE S 30' 59' 46" E, a distance of 760.15 feet to a ½ inch iron rod set for the beginning of a circular curve to the right; THENCE along said circular curve to the right, having a central angle of 90' 45' ~n arc 26", a radius of 400.00 feet, a tangent length of 405.32 feet, for length of 633.60 feet to a ½ inch iron sod set for a point of tangency; THENCE S 59' 45' 40" W, a distance of 60.00 feet to a % inch iron rod set at the beginning of a circular curve to the left; THENCE along said circular curve to the l'eft, having a central angle of 25' 06' 58", a radius of 400.OO feet, a tangent length of 89.10 feet, for an arc length of 175.34 feet to a ~ inch iron rod set for a point of tangency; THENCE H 55' 21' 18" W, leaving satt center line of Allen Road, a distance of 212.00 feet to a ½ inch iron rod set for corner; TP. ENCE N 03' 04' 08" W, a distance of 129.06 feet to a ~ inch iron rod set for corner; THENCE N 26' 33' 54" E, a distance of 64.15 feet to a ~ inch iron rod set for corner; TRENCH N 16' 41' 5?" E; a distance of 62.74 feet to a ~ inch iron rod set for ..corner; .................. Tit~¢E ~ 12'; 59' 41" W, a distance of 150.~1 feet to · ~ inch iron rod set for cor~er; 87'1'6,8 62'25 '~mge 2 · THENCE ~ 46' 10' 09" . ~, a dis:ante of 178.93 feet to i inch iron rod set for corner; , THEI~CE N 33' 41' 24" W, a distance of 43.0? feet to a ~ inch iron rod set for corner; THENCE N 71' 33' 54" W, s distance of 82.27 feet to a ~ inch iron rod set for corner; THENCE H 23' 14' 14" W, a distance of 418.14 feet to s ~ inch iron rod set for corner; THENCE N Eg' 44' 05" W, a ~istance of 729.08 feet to a ~ inch iron rod set for corner at the beginning of a circular curve to the left; THENCE along said circular curve to the left, having a central angle of 12' 09' 20", a radius of 962.50 feet, a tangent length of 102.48 fee=, for an arc length of 204.20 feet to a ~ inch iron rod set for a point of tangency; . TtlENCE N OD' !5' 55" E, a distance of 427.33 feet to the POINT OF BEGIN~INC; Containini 30.8014 acres (1,341,709.92 square feet) of land, more or less. :. TRACT II: _ Being a tract of land situated in the Patience Piles Survey, Abstract No. 1137, the B.B.B. & C.R.R. Survey, Abstract No. 199, and the J. M. Mounts Survey, Abstract No. 903, in the City of Coppell, Dallas County, Texas, and being more particularly described as follows: BECI~;INC at a ~ inch iron rod found for corner at the intersection of the south line of DeForest Road (30 feet right-of-way) with the cencerline of future Allen Road (proposed 60 feet right-of-wry), said point being S 89' 44' 05" £, a distance of 2600.09 feet from the intersection of said south line of DeForest Road with the east line of $a~,el Boulevard (41.92 feet right-of-way); THENCE S 89' 44' 05" E, along the south line of said DeForest Road~ a distance of 1200.O0 fee~ to a 12 inch wooden post found for corner; T~ENC£ S 0O' 3~' 4B".~, a distance of 558.55 feet to a ~ inch iron rod found for corner; THENCE S 89' 44~ 05" E, a distance of &?.29 feet to a ~ inch iron rod found for corner; ~IENCE generally along ~he meander of the high bank line of Denton Creek as follows: S 69' 07' 3~" W, a distance of 244.27 feet to a ~ inch iron rod found for corner; . S 32' 42' 02" W, a distance of 194.64 feet to a ~ inch iron rod found for corner; S 21' 33' 37" E, a distance of 237.0~ feet to a ~ inch iron rod for corner; 8 I! 6,8 -6:22:6 THENCE g 26' 33' )&" W. a distance of 100.OD feet to & h inch iron rod set for corner; corner; THENCE $ 21' 02' 15" E, a distance of 60.96 feet to a ~ inch irdn zod set for corner; THENCE S 05° &2' 3B" E. a distance of 101.98 feet to a ½ inch iron rod set for corner; Ti~,F~C£ $ 26' 33' $l" E, a distance of a3.89 feet to a ~ inch iron rod set for corner; THE.~C£ S 27' 11~ 33" W. a distance of 385.67 feet to a ~ inch iron rod set for corner in the ~or:h line of future P~cAr:hur Boulevard {p~oposet I00 feet rttht- THENCE N 62' ~7' 39" W, along said North line of Macirthur Boulevard for a distance of 1190.67 fee~ to the POINT OF BEGINNINC; 'Con:aining ~3B.061.51 square feet or 21.5350 acres of land, more or less. Part of Tract I and most of Tract II! are now known as VILLAGE. OF COPPELL, PHASE I, an Addition to the City of Coppell, Dallas- County, Texas, accordin9 to ~he Map thereof recorded in Volume 86118, Page 1828, Mmp Records, Dallas CountY, Texas and Surveyor Certificate of Correction recorded in Volume 86199, Page 2281, Deed Records, Dallas County, Texas~ as affected by Correction filed April 1, 1987, in Volume ~7~', Page ~, Records, Dallas County, Texas~ S~VE AND EXCEPT ~s 22, 23, 36, 49, 24, 30, 35, 39~ 46, 51, all in BlOck C and ~ 26, Block' M, Village of Coppell, Phase I ac. cordia9 to the ~ap ~hereof''rec°rded in Volume 86118, P~ge 1828, Map Records, Dallas C0un~y., Texas and Surveyor Certificate of Coffee:ion recorded ~i'n 'Volume 86199, Page 2281, Deed Records, Dallas County, Texas; as affected by Correction filed Apri~ 1, Texas.