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Grandy's-CS020815YORKSHIRE WEST CAPITAL, INC. 1 2201 MERIT DRIVE, SUITE 1 70 DALLAS, TEXAS 75251 DALLAS OFFICE: (972) 991 -4600 FAX: (972) 991 -7500 To: Harry L. King Company: KAKI Enterprises, Inc. Phone: (214)663 -4779 Fax: (972)691 -6396 From: Alen Hinckley FAX TRANSMISSION Please contact me should you have any questions. Pages including cover: A, Please call 9721991.4600 if you have any problem with this transmission. Date: Thursday, August 15, 2002 RE: COMPROMISE SETTLEMENT AGREEMENT COPPELL PROPERTIES Attached is a copy for your review. Please forward to the Boorhem's for their review. The Easement document and Motion to Dismiss will be added during the process of reviewing the documents among the parties. My office will send an original copy of the documents by FedEx for receipt tomorrow morning. Contideuuatay Notice The iafonrotion contained in this racsimite trunsmieciar a confide,10 anlVor privileged and proprietary information. The information a i1ended for the exclusue use of the addressee nanny above If you are not the intended recipient, you a,e herehy notified Is any are, disclosure, dissemination, distribution (othte dun to the addressee aamcd above), copying. or the taking of any aelion bo,auu of the infa,nvioo is orioly p l b ted If you have received the infomntion in ertor, please notify us inartdialely by IelephOne t0 arrange for the return cf the docunxrtalao Thank you. WILLIAM BOORHEM, TRUSTEE FOR CB B JOINT VENTURE V. YORKSHIRE WEST CAPITAL, INC., TRUSTEE; YORKSHIRE WEST CAPITAL INC.; GLEN A. HINCKLEY; ALEN HINCKLEY; UNIVEST ENTERPRISES, INC., TRUSTEE and UNIVEST ENTERPRISES, INC. No. 02- 02588 -L IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 193RD JUDICIAL DISTRICT COMXROMIBE SETTLEMENT AGREEMENT This Compromise Settlement Agreement "Agreement is entered into by and among WILLIAM BOORHEM, TRUSTEE FOR CB B JOINT VENTURE composed of WILLIAM BOORHEM, PAT BOORHEM and JERALD M. BARNETT (collectively "Plaintiff YORKSHIRE WEST CAPITAL, INC., TRUSTEE; YORKSHIRE WEST CAPITAL, INC.; GLEN A. HINCKLEY; ALEN HINCKLEY; UNIVEST ENTERPRISES, INC., TRUSTEE and UNIVEST ENTERPRISES, INC. (collectively "Defendants and intervenor KAKI ENTERPRISES, INC. and Harry King individually (collectively KAKI all the foregoing sometimes hereinafter collectively referred to as Parties; WHEREAS, effective March 28, 2000, Defendant Yorkshire West Capital, Inc., Trustee and Plaintiff William Boorhem, Trustee for CB B Joint Venture, entered into an "Access Easement Agreement which was recorded in the Dallas County Deed Records on June 29, 2000 in Volume 127, Pages 03424- 03426, and which pertains to a 14- foot wide driveway easement "Access Easement WHEREAS, by Warranty Deed dated June 2, 2000 and recorded In the Dallas County Deed Records on June 29, 2000 in Volume 127, Pages 03419 03422, Plaintiff conveyed to Univest Enterprises, Inc., Trustee for Employees Money Purchase Plan "UEIEMPP a 16 -foot wide property which contained the 14 -foot wide Access Easement; WHEREAS, Defendant Yorkshire West Capital, Inc. and UEIEMPP entered into a "Termination of Access Easement Agreement" which was effective March 1, 2001 and which was recorded in the Dallas County Deed Records on October 17, 2001 in Volume 2001203, Pages 05391- 05395; WHEREAS, Plaintiff sued Defendants in the above styled and numbered case "Lawsuit regarding the Termination of Access Easement Agreement and KAKI intervened in the Lawsuit; WHEREAS, in order to avoid the expense of continuing the litigation and to resolve all issues among the Parties, the Parties desire to settle the Lawsuit and all other issues among them on the following basis: For and in consideration of the acts and mutual agreements contained herein, the sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Consideration from Plaintiff. Simultaneously with the execution of this Agreement no later than noon on August 2002, Plaintiff shall deliver to Defendants' attorney, Viki Livesay, at 5115 McKinney Avenue, Suite E, Dallas, Texas 75205- 3334, to hold in trust and deliver to Defendants when Defendants have delivered Defendants' consideration to Plaintiff listed in paragraph 2 below: A. A cashier's check or money order in the amount of $21,781.00 payable to Univest Enterprises, Inc., Trustee for Employees Money Purchase Plan, which represents partial reimburse ment of engineering, construction and other costs incurred by Defendants and their legal fees and costs in the Lawsuit and which to also represents the consideration for UEIEMPP's granting t has Plaintiff or to KAKI Enterprises, Inc. "KAKI purchased from Plaintiff at the time of Plaintiff's execution hereof the property described on EXHIBIT "A an Easement for Storm Sewer Water in the form attached hereto, which Easement for Storm Sewer Water shall have the following provisions: (1) The easement for storm sewer water shall be for limited underground access only to the 18 -inch existing storm sewer (Line "B" on the attached EXHIBIT "C (2) The access to only, that is, there shall be on Defendants' property into the storm sewer shall be underground no surface drainage or sheet drainage the existing storm sewer; (3) The pipe size which shall be installed underground to connect to the existing storm sewer cannot exceed eighteen (18) inches if one (1) pipe is used on Grantee's property and cannot exceed eighteen (18) cumulative inches if more than one (1) pipe is used on Grantee's property. Not more than two (2) pipes shall be installed on Grantee's property to connect underground to Defendants' underground system at Line "B" as shown on the attached EXHIBIT "C Since Defendants' underground system may not abut the common property line between Grantee's property and UEIEMPP's property line, Grantee may also have to install one 18 -inch pipe to UEIEMPP's existing 18 -inch pipe in order to connect Grantee's one or two pipes which it installs on its property. See also paragraph 1A(6) below. (4) The access to the storm sewer shall come only from the areas 0S -1 and OS -2, as designated on EXHIBIT "C" showing a limited surface drainage area, with a water flow Q not to exceed COMPROMISE SETTLEMENT AGREEMENT Page 2 7.3 CFS (2.7 CFS /OS 1 plus 4.6 CFS /OS -2); no storm water run off from other than the two areas OS -1 and OS -2 (limited to the aforementioned 7.3 CFS) as shown on the attached EXHIBIT "C" and may not come from area OS -3 or any other area (see EXHIBIT "F" attached hereto; (5) Only storm sewer water from rainfall and surface water from irrigation are allowed in the system; no grease, oil or environmentally hazardous materials or items as may be defined or subsequently defined by any environmental law, act, proclamation or executive order of any federal, state or municipal agency may go into any of the storm water drain lines of Defendants); (6) Plaintiff, KAKI and Grantee under the Easement for Storm Sewer Water shall bear all costs for one (1) connection from the property line shared by Grantee and UEIEMPP into the existing 18 -inch storm sewer drain /pipe, including, but not limited to, any costs to restore the grass, landscaping and above ground condition back at least to its condition immediately before Grantee commenced work under the Easement for Storm Sewer Water and all costs, if any, which Grantor may be required to incur by any governmental agency as a result of the granting of this access /connection easement to an existing storm sewer; and (7) Notwithstanding anything to the contrary contained in this Agreement or in the Easement for Storm Sewer Water, Defendants do not warrant or guarantee that the existing storm sewer is in place; and if it is not, then Grantee under the Easement for Storm Sewer Water shall be responsible for all of the costs to install the 18 -inch pipe shown as Line "B" on the attached EXHIBIT "C" and any costs to restore the grass, landscaping and above ground condition back at least to its condition immediately before Grantee commenced work under the Easement for Storm Sewer Water and all costs, if any, which Grantor may be required to incur by any governmental agency as a result. B. Quadruplicate originals of this Agreement and quadruplicate originals of the Agreed Motion and of the Order to Dismiss with Prejudice this Lawsuit which are also attached hereto, which Agreement shall be signed by Plaintiff and each joint venturer of the CB B Joint Venture, by KAKI Enterprise, Inc. and Harry King individually and by Plaintiff's attorney (as to form on the Agreement) and which Motion and Order shall be signed by Plaintiff's attorney. C. Plaintiff and KAKI acknowledge that Defendants are not obligated to grant them or their successors or assigns any type of access to any of Defendants' property, including, but not limited to, the terminated 14 -foot wide Access Easement, except that Defendants have consented to grant to the owner (at the time of Defendants' receipt of the Plaintiff's consideration listed in COMPROMISE SETTLEMENT AGREEMENT Page 3 paragraph 1 hereof) of the property described on the attached EXHIBIT "A" and to that property owner's successors and assigns, the Easement for Storm Sewer Water attached hereto. Absent this Agreement and the limited grant under the Easement for Storm Sewer Water, Defendants would not grant such Easement for Storm Sewer Water. D. Plaintiff and KAKI acknowledge that they have no claim (at law or in equity) of any type to or against or easement (by grant or by necessity) of any type to or against the property described on the attached EXHIBIT "B" entitled "Yorkshire Tract" and on the attached EXHIBIT "D" entitled "UEIEMPP Tract except the limited Easement for Storm Sewer Water referred to herein. E. Plaintiff and KAKI acknowledge that neither they, their successors or assigns or any governmental entity (as a requirement for the development or improvements now or hereafter to be made to the properties described on the attached EXHIBITS "A" and "E" or because of traffic or more accessible ingress and egress to or from the properties described on the attached EXHIBITS "A" and "E will request or require curb cuts from Defendants, their heirs, successors or assigns on property now or hereafter owned by Defendants, their heirs, successors or assigns because of the Easement for Storm Sewer Water or because of any other reason regarding the development or improvements to the properties owned by Plaintiff, KAKI or their successors or assigns, which properties are described on the attached EXHIBITS "A" and "E F. Plaintiff and KAKI acknowledge that they, their successors and assigns owning any interest in the property described on the attached Exhibit "A" shall by responsible to pay the costs to maintain the area where they connect to /access the 18 -inch portion of the storm sewer contained in the Easement for Storm Sewer Water and shall repair and replace at their sole expense all costs and damages incurred by UEIEMPP, its successors and assigns who now or hereafter own the property upon which the Easement for Storm Sewer Water is located, which costs and damages are caused by Plaintiff, KAKI, their successors and assigns, their ground tenants, tenants, subtenants, and their customers, invitees, contractors and any trespassers or vandals or their connection to /access and use of the Easement for Storm Sewer Water, including, but not limited to, all costs and damages arising out of overflows, stoppages and environmental matters from any cause whatsoever. The Grantee, its heirs, successors or assigns "First Party under the Easement for Storm Sewer Water shall notify Grantor, its successors or assigns "Second Party in writing if First Party wants access to the Easement for Storm Sewer Water or other area owned by Second Party for maintenance, repair or replacement under this subparagraph or for any other purpose "Request and Second Party shall have the option, within fifteen calendar days after receipt of the Request to notify First Party of its election "Election to either do the COMPROMISE SETTLEMENT AGREEMENT Page 4 work and the price, which shall include a five percent (5 super- visory fee, to be paid by First Party to Second Party calendar commencement of the work and within fifteen (15) days after First Party's receipt of the Election or to approve First Party's contractor who will do the work and to approve the contract for the work, which contract shall require the contractor to carry worker's compensation insurance, automobile and builder's risk insurance. Second Party's approval or disapproval shall be in writing to First Party within fifteen (15) calendar days after receipt of the name of the contractor and the contract, which approval or disapproval shall be in Second Party's sole discretion. This subparagraph favorable to Defendants, their broadest Se light most successors and assigns. 2. Consideration from Defendants. After receipt of Plaintiff's consideration listed in paragraph 1 above, Defendants shall deliver to Plaintiff's attorney, Mark A. Hendrix or Paul C. Sewell, at their address listed under the notice provision of this Agreement: A. On the same date that Plaintiff's consideration listed in paragraph 1 above was received, or if not timely, within one (1) business day thereafter, an original of Easement for Storm Sewer Water signed by UEIEMPP in the form attached hereto, which Plaintiff or KAKI, as the case may be shall record at its expense. Within three (3) calendar days after Plaintiff's or KAKI's initial receipt of the recorded Easement for Storm Sewer Water showing the Dallas County Clerk's round date stamp and again with three (3) calendar days after Plaintiff's or KAKI's receipt of the Easement for Storm Sewer Water showing the volume and page where it is recorded, Plaintiff shall deliver a copy of each to Defendants' attorney listed in paragraph 1A above; and B. On the same date that Plaintiff's consideration listed in paragraph 1 above was received, or if not timely, within one (1) business day thereafter, duplicate originals of this Agreement fully signed by Defendants and their attorney (as to form); and C. Copy (which may be sent by facsimile) of the letter to the court with the Motion and Order to Dismiss with Prejudice this Lawsuit and which shall have been signed by Defendants' attorney of record in this Lawsuit. Within seven (7) business days after Defendants' attorney's receipt of the Order signed by the Judge, a copy of the Order signed by the Judge shall be sent by mail or facsimile to Plaintiff's attorney of record. 3. Default. The failure of Plaintiff and /or KAKI to timely comply with their continuing obligations under this Agreement or under the Easement for Storm Sewer Water shall be considered an event of default. Defendants shall not be obligated to give Plaintiff or KAKI more than one (1) notice of default hereunder COMPROMISE SETTLEMENT AGREEMENT Page 5 within a twenty -four (24) month period and ten (10) days to cure it, except no notice of default shall be required for Plaintiff's or KAKI'S obligations under paragraph 1 hereof to pay the money and execute the documents required by this Agreement. If Plaintiff or KAKI defaults under this Agreement or under the Easement for Storm Sewer Water, then UEIEMPP or any successor owner of the property upon which the Easement for Storm Sewer Water is located may terminate the Easement for Storm Sewer Water without the signature or any action being required of the Grantee or the successor Grantee under such easement being required; and in that event, UEIEMPP or any successor owner of the property upon which the Easement for Storm Sewer Water is located may block, cap or disconnect access to the drain /pipe /line under the Easement for Storm Sewer Water at the sole expense of Plaintiff, KAKI or any successor or assign to the Grantee under the Easement for Storm Sewer Water. If UEIEMPP or the successor owner of the property upon which the Easement for Storm Sewer Water is located elects, in its sole discretion, to allow Plaintiff, KAKI or their successors or assigns to cure more than one (1) default hereunder within a twenty -four (24) month period or under the Easement for Storm Sewer Water, the defaulting Plaintiff, KAKI or their successors or assigns to the Grantee under the Easement for Storm Sewer Water shall also pay the Grantor or its successor or assign under such easement its reasonable attorney's fees to enforce this Agreement and /or such Easement for Storm Sewer Water and all other costs of Defendants, their heirs, successors and assigns. However, any default of Plaintiff or KAKI or their successor or assigns hereunder or under the Easement for Storm Sewer Water shall not void their acknowledgements, releases, indemnitees or hold harmless agreements as contained in this Agreement or the Easement for Storm Sewer Water. 4. Releases and Covenant Not to Sue. Plaintiff and KAKI, on behalf of themselves, their successors and assigns and Plaintiff on behalf of the CB B Joint Venture and its joint venturers (hereinafter collectively "the Plaintiff Releasing Parties hereby release, indemnify and hold harmless Defendants, their heirs, successors and assigns, Viki Livesay and their other legal representatives (hereinafter "the Defendant Released Parties of and from all claims, debts, demands, damages, losses, legal fees, costs, actions, suits, contracts, agreements, liabilities and causes of action whatsoever, both in law and in equity, whether asserted or unasserted, whether known or unknown, from the beginning of time to the date of this Agreement, that were asserted or could have been asserted in the Lawsuit, arising out of or relating to the Access Easement Agreement and the Termination of Access Easement, which any of the Plaintiff Releasing Parties ever had, now have, or may hereafter have against any of the Defendant Released Parties; provided, however, that nothing contained herein shall release Defendants or the Defendant Released Parties from any obligations they may have under this Agreement. Plaintiff and COMPROMISE SETTLEMENT AGREEMENT Page 6 KAKI, their successors and assigns waive all rights, if any, to ever request a temporary restraining order or temporary or permanent injunction against Defendants, their heirs, successors or assigns as to any dispute arising under this Agreement or under the Easement for Storm Sewer Water or termination of such Easement for Storm Sewer Water. Plaintiff acknowledges that Defendants would not execute this Agreement without this waiver. Defendants, on behalf of themselves, their heirs, successors, and assigns (hereinafter "the Defendant Releasing Parties hereby release Plaintiff and KAKI, their successors and assigns (hereinafter "the Plaintiff Relt_.ased Parties of and from all claims, debts, demands, damages, losses, costs, actions, suits, contracts, agreements, liabilities and causes of action whatsoever, both in law and in equity, whether asserted or unasserted, whether known or unknown, from the beginning of time to the date of this Agreement, that were asserted or could have been asserted in the Lawsuit, arising out of or relating to the Access Easement Agreement and the Termination of Access Easement, which any of the Defendant Releasing Parties ever had, now have, or may hereafter have against any of the Plaintiff Released Parties; provided, however, that nothing contained herein shall release Plaintiff, KAKI or the Plaintiff Released Parties from any obligations they may have under this Agreement. 5. Notices. Any notice required or allowed hereunder shall be in writing and shall be personally delivered with evidence of receipt retained or sent by certified mail, return receipt requested [and deemed received by certified mail the sooner of receipt or within four (4) business days after being postmarked], or sent via facsimile where expressly allowed hereunder, addressed as follows: Notice to Plaintiff: Notice to KAKI: COMPROMISE SETTLEMENT AGREEMENT Page 7 Mr. Mark A. Hendrix or Mr. Paul C. Sewell Sewell Anderson, LLP Park Central III Suite 1919 12700 Park Central Drive Dallas, Texas 75251 Tel. 972 739 -1919 Fax 972 387 -1770 Mr. Matt Anthony or Mr. Robert Rucker Brewer, Brewer, Anthony Middlebrook 1159 Cottonwood Lane Irving, Texas 75038 Tel. 972 870 -9898 Fax 972 870 -9053 Ms. Viki Livesay, Attorney Notice to Defendants= 5115 McKinney Avenue, Suite E Dallas, Texas 75205 -3334 Tel. 214 219 -5115 Fax 214 219 -5116 6, Entire Agreement. This Agreement contains the enti agreement between the Parties and supersedes any and all prior agreements arrangements, or understandings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. f Law. This Agreement shall be governed by, Choice o the 9. and sub to, construed, and enforced in accordance with, 7 laws of the State of Texas and exclusive venue shall be in Dallas County, Texas. 10. Binding Effect. This Agreem n Parties hereto term their t and all of its provisions shall be binding upon respective heirs, successors and assigns. 11. No A ssiunme nt Each Party expressly warrants to the other an f t t has not assigned or transferred to any person or entity claims or causes of action being settled and any of the rights, released herein. 12. Ambiguities. The Parties acknowledge that the terms, undgersthes circumstances and reprssentethetresults of and arms' length ueo the circ KAKI and Defendants, each of whom ha bee r between by counsel of his /its own choosing and none of has been represented by compulsion, whether legal, economic whom have acted under duress or comp or otherwise. The Parties agree that normal rule of cons the truut ction to the effect that any ambiguities are to be resolved ag drafting party shall not be employed in the interpretation of this Agreement. CL WAIVER CRTAIN REMEDIES RISING RIGHTS. OR ALLEGED TO HAVE ARISEN OUT F CL WAIVER OR CA MAITT E R AGREEMENT INR E OF TO THE FULLEST EXTENT ALLOWED BY LAW, Op PLAINTIFF, CB MATR HEREOF, WILLIAM BOORHEM, PAT BOORHEM AND JERALD M. B g JOINT VENTURE, RIGHTS REMEDIES INDIVIDUALLY) THEDTEXAS DECEPTIVE EXPRESSLY TRADE PRACTICES C N ALL US AND D SECTION 17.41 ET SEQ., TEXAS BUSINESS OMSUM CR PROTECTION ACT, COMMERCE N O A D ND HEREBYW EXPRESSLY V WAIVE ALL M RIGHTS OR REMEDIES UNDER AN YTOT H IO DAY OTHER OSTATUTE R ULTICPLE LAW ALLOWING OF ACTUAL /ECONOMIC NI DAMAGES. EXEMPLARY AFTER CONSULS ATTORNEY OF EACH WAIVING PARTY'S OWN CONSULTATION WITH AN COMPROMISE SETTLEMENT AGREEMENT Page 8 SELECTION, THEY VOLUNTARILY CONSENT TO THESE WAIVERS AND ACKNOWLEDGE THAT THEY ARE NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION AND THAT THEY HAVE KNOWLEDGE AND EXPERIENCE IN FINANCIAL BUSINESS MATTERS THAT ENABLE THEM TO EVALUATE THE MERITS AND RISKS OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. PLAINTIFF: By: By: By: KAKI ENTERPRISES, INC. By: William Boorhem, Trustee for CB B Joint Venture and Individually Date Pat Boorhem, Individually Date Jerald M. Barnett Date Harry King, President Harry King, Individually DEFENDANTS: YORKSHIRE WEST CAPITAL, INC. and as TRUSTEE By: Date Date Alen Hinckley, President Date Glen A. Hinckley, Individually Date Alen Hinckley, Individually Date COMPROMISE SETTLEMENT AGREEMENT Page 9 By: Signed by legal counsel for Plaintiff, CB B Joint Venture, William Boorhem, Pat Boorhem and Jerald M. Barnett (all individually) and KAKI for the purpose of satisfying the requirements of Texas Business Commerce Code, Section 17.41 et seq. (see paragraph 13) above and also for the purpose of agreeing to the form as to the remaining Agreement Mark A. Hendrix or Paul C. Sewell, Attorney for Plaintiff, CB B Joint Venture, William Boorhem, Pat Boorhem and Jerald M. Barnett (all individually) John Matthew Anthony or Robert Rucker, Attorney for KAKI Enterprises, Inc. and Harry King AGREED AS TO FORM: Viki Livesay, Attorney for Defendants COMPROMISE SETTLEMENT AGREEMENT Page 10 UNIVEST ENTERPRISES, INC. and as TRUSTEE FOR THE EMPLOYEES MONEY PURCHASE PLAN Date EXHIBIT "A" OWNER'S CERTIFICATE STATE OF TEXAS COUNTY OF DALLAS WHEREAS, HARRY L. KING DBA as KAKI ENTERPRISE, INC., and WILLIAM 600RHEM, TRUSTEE ore the ou t s of Texas tract or porcel of land situated in the George W. Jock Survey, Abstract No. 694. City of Copp C y and being oil of port of the Tract of Land convoyed to Williom Boorhem, Trustee by Deed Recorded in Volume 85111, Page 1197, Deed Records of Dallas County Texas and Crandys Addition Lot 1, Block 1 on oddition to the City of Coppel as Recorded in Volume 2002058, Poge 30. Deed Records of Dallas County. Texos and being more porticulorly described as follows; BEGINNING of an "X" found cut in concrete, marking the northeast corner of Fitness Court (right—of vories) os shown on the plot of Denton Top Development. an addition to the City of Coppell occording to the Plot thereof recorded in Vol. 98115, Pg. 37 of the Deed Records of Dollas County. Texos, said point also being in the west Tine of Denton Top Road (100 foot right —of —way); THENCE South 88 degrees 38 minutes 30 seconds West, with the north line of said fitness Court. a distance of 78,17 feet to o 5/8 inch iron rod found with cop marked "KSC4019" of the beginning of a curve to the left hoving a radius of 327.50 feet; THENCE in a southwesterly direction with the north line of sold Fitness Court, and with said curve to the left having o rodivs of 327.50 feet, through 0 central ongle of 15 degrees 04 minutes 17 seconds, for an ore length of 86.15 feet and whose chord bears South 81 degrees 06 minutes 22 seconds West, 65.90 feet to a 5/8 inch iron rod found with cop marked "KSC4019" at the point of reverse curve for a curve to the right hoving o radius of 272.50 feet; THENCE in a southwesterly direction with said curve to the right hoving o radius of 272,50 feet. through o central angle of 15 degrees 04 minutes 17 seconds, for an arc length of 71.68 feet and whose chord bears South 81 degrees 06 minutes 22 seconds West, 71.48 feet to a 5/8 inch iron rod found with cop marked "KSC4019" at the end of said curve; THENCE South 88 degrees 38 minutes 30 seconds West, with the north line of said Fitness Court, a distance of 26.12 feet to a 5/8 inch iron rod found with cap marked "K5C4019" for corner at the beginning of u non tangent curve to the left having a radius of 30.00 feet: THENCE in a northeasterly direction departing the soid north line of Fitness Court, over and across said Boorhem tract, and with said curve to the left having o radius of 30.00 feet. through a central angle of 37 degrees 40 minutes 21 seconds, for an arc length of 19.73 feet and whose chord bears North 17 degrees 36 minutes 34 seconds East. 19.37 feel to o 5/8 inch Iron rod found with cop marked "KSC4019" of the end of said curve: THENCE North 01 degrees 13 minutes 37 seconds West. continuing over and across said eoorhem tract, 237.72 feet to a 5/8 inch iron rod found with cap marked "KSC4019" in the south line of o 16 foot wide tract of land conveyed unto Univest Ent., Inc., by deed recorded in Volume 2000127. Page 3419. Deed Records of Dollos County. Texos; THENCE North 88 degrees 39 minutes 01 seconds East, with the said south line of Univest tract and with the a line that is 16 feet south of and parallel to the south line of Lot 1, Block A, Town Center West, an addition to the City of Coppell occording to the Plot thereof recorded in Vol. 2000176, Pg. 1767 of the Mop Records of Dollas County, Texos, 227.44 feet to o 5/8 inch iron rod found with cap morked "KSC4019" for corner; THENCE South 63 degrees 31 minutes 56 seconds East, with the said south line of Univest tract, a distance of 30.00 feet to a 5/8 inch iron rod found with cop marked "KSC4019" in the west line of said Denton Top Rood; THENCE South 01 degrees 13 minutes 37 seconds East, with the said west line of Denton Top Rood, o distance of 221.36 feet to the PLACE OF BEGINNING and containing 61.608 square feet or 1.414 acres of lond, more or less. EXHIBIT "B" UEI, Trustee Tract BEING a parcel of land situated in the GEORGE W. JACK SURVEY, ABSTRACT NO. 694 in the City of Coppell, DALLAS county, Texas, and being part of that property described in a deed to William Boorhem, Trustee, by deed recorded in Volume 85111, Page 1197, of the Deed Records of DALLAS county, Texas, being more particularly described as follows: COMMENCING at an "X" found cut in concrete on the West line of Denton Tap Road (a variable right f way) said point also being the most southeasterly corner of Tract 2 of the Sonic Addition, an addition to the City of Coppell, as recorded in Volume 94144, Page 2353, of the Deed Records of DALLAS County, Texas; THENCE South 01 degrees 13 minutes 37 seconds East, 190.21 feet to the POINT OF BEGINNING, said point also being the Northeast corner of said Boorhem tract; THENCE South 01 degrees 13 minutes 37 seconds East, 30.00 feet continuing along the West line of Denton Tap Road to a point for corner; THENCE North 63 degrees 31 minutes 56 seconds West, 30.00 feet leaving the said West line of Denton Tap Road to a point for corner; THENCE South 88 degrees 39 minutes 00 seconds West, 335.00 feet to a point for corner; THENCE North 01 degrees 21 minutes 00 seconds West, 16.00 feet to a point for corner, said point being on the North line of the said Boorhem tract; THENCE North 88 degrees 39 minutes 00 seconds East, 361.60 feet along the North line of the said Boorhem tract to the POINT OF BEGINNING AND CONTAINING 5,971 square feet of land or 0.137 acres, more or less. w 1 0 1 1 -7 =1' 1 1 1 1 1 1 /,Li 3 .Lc Mt° S ta a W 0 0 0 z V c t 0 00‘4\ 0 /r 0 4 I) o (pla M•n• w W Z Z Z 0X a. W Q W F- U 0 ZUU Oa o N 0K� Z waN m U y�K 0 w.._ O W O Z poh woo^p 0 0 A EXHIBIT "C" FUWK mo o o. croaula 0, 140 KO O X O W U \W LI HZ D Z }U j W r 0 111111111 i i l i I EXHIBIT "F" zwwil. o rv77_ a� 1 O t= w ce 1-1-- c) u a 7_u0c.lwcea w `n a u NU I- v 0 O w a H V Qmza'< cL O z O�O W il t z� 4 2 1 21 z a3zaTO .1 o w w rw0,,, 0 y rci 1-,yoG0, Xz w ,_31--Q a i' p c6 Q. 2ZD 0) vlrOa..<o.1 —V>rM WI aO w, z EXHIBIT "E" Remainder of Boorhem Tract (Legal to be provided by Plaintiff)