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Villages C P3&4-CS 891002TO: SUBJECT: HANDWRITTEN MEMORANDUM FROM: TARYON BOWMAN DATE: /~1,~._, /~ MESSAGE: · 11.00 ff THE STATE OF TEXAS COUNTY OF DALLAS SFCO LBJ' 'h accomodation This ~ELEASE is.~gntered into by the City of Coppell, Texas (the "City ) this /~.--~'day of ~, 1987. 1. The City, on behalf of-itself and its successors, legal representatives and assigns, for and in consideration of the behefits to be received ~t~ t~e City, in connection with that certain Agreement dated ~_~~, 1987 by and between t~e Citv and Triland Investment ~rou~Jr~garding the acquisition Dy t~e'City of a certain park tract and utility facility tract and o~her 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 Title: MA¥0R Attest:~ Name: Title THE STATE OF TEXAS S COUNTY OF COPPELL S BEFORE ME, the undersigned authority, on this day personally appeared ~OU Z~,-~,qA/ , ~ ~ , of the City of Coppell known to me to be the person an§ officer 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 My Commission Expires: L IJ-. 1990 NOTARY PUBLIC'IN AND FOR THE STATE OF TEXAS (Printed Name of Notary) UNDE I,,F.E GRAU 871'68 ~elng a tract of land situated in the Patience Piles Survey, Abstract No. 1137. and the R.g.~. & C.R.R. Survey, Abstract No. 199 in the City of Coppell, Dallas County, Texas and being more particularly described as follows: ~£~I~INC at a ~ inch iron rod found for corner in the south line of DeForest ~oad (20 feet right-of-way), said point being $ 89' 4&' 05" E, a distance of ]472.50 feet from the intersection of said south line with the east line of Samuel 8oulevard (41.92 feet rlght-ef-vay); THENC£ S 89' ~' 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 line with the center line of future Allen Road (proposed 60 feet right-of- way); TE.E~¢£ S 00' 15' 55" ~, along said center line for a distance of 100.00 feet to a ~ inch iron rod sot at the beginning of a circular curve to the left; TE£NC£, along said circular curve to the left, having a central angle'of ~I* 1~' 41", a radius of 500.00 feet, a tangent length of 129.89 feet, for an arc length of 272.81 feet to a ~ inch iron rod set for a point of tan§choy; TH£NC£ S 30* ~9' 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; TH£N~£ along said circular curve to the right, having a central angle of 90* 26", a radius of 400.00 feet, a tangent length of ~05,32 feet, for an arc length of 632.60 feet to a ~ inch iron sod set for a point of tangency; THENCE S 59' ~' &0" ~, a distance of 60.00 feet to a ~ inch iron rod set at the be~inning of a circular curve to the left; T~N~£ along said circular curve to the left, having a central angle of 25' 06' ~$", a radius of ~00.00 feet, a tangent length of 89.10 feet, for an arc length of l?~.3& feet to a ~ inch iron rod set for a point of tangency; THF~E ~ 55* 21' 18" ~, leaving sat~ center line of Allen Road, a distance of 2~2.00 feet to a ~ inch iron rod act for corner; TE£NL'E ~ 03' 04' 08" ~, a distance of 129.06 feet to a ~ inch iron rod set for T~CE ~ 26' ~3' ~G" E, a distance of 6G.15 feet to a ~ inch icon rod set for ~NC~ ~ 16' Gl' ~7" ~ a d~stance of 62.7G feec to a ~ ~ch ~ron rod set for ..corner; ................... --- ~C~ N 12' ~9' 61" ~, a d~s~ance of 1~0.3~ feet to a ~ inch ~ron rod se~ for 8'71'68 8225 · distance of 178.93 feet to i inch iron rod set for cornet; THE~C£ ~ 33' &l' 26" ~, a distance of 13.07 feet to a ~ inch iron rod set for corner; THENCE ~ 71' 33' 56" ~, a distance of 82.27 feet to a ~ inch iron rod set for TH£~C£ ~ 23' l&' ]6" W, · distance of ilS.l& feet to a ~ inch iron rod set for TH£~¢£ X 89' &6' 05" ~, a ~istance of 729.08 feet to a ~ inch iron rod set for corner at the beEinning of a circular curve to the left; TH£NC£ e~ong ea~d circular curve to the left, having a central angle of 12° 09' 20", a red,us of 962.50 feet, a tangent lenEth of 102.68 feet, for an arc length of 206.20 feet to a ~ inch iron rod set for a ~oint of tanEency; TH£~£ ~ 00' !5' 55" £, · distance of 627.33 feet to the POINT aT Cootainin~ 30.80]~ acres (1,3&1,?09.92 square feet) of land, ~ore or less. Being a tract of land situated in the Patience Piles Survey, Abstract No. 1137, the B.B.B. i C.R.R. Survey, Abstract No. 199, and the J. ~. Mounts Survey, Abstract No, 90~, in the City of Coppell, Dallas County, Texas, and being ~ore particularly described as follo~s: BEGIN~IK~ et a ~ inch iron rod found for corner at the intersection of the south lin~ of Deforest Road (30 feet right-of-ray) vith the centerline of future Allen Road (proposed 60 feet right-of-v~y), said point being S 89' &&' 05" £, a distance of 2600.00 feet fro~ the intersection of said south line of DeTorest Road vlth the east line of Saw-,el Boulevard (ll.92 feet T~C£ $ Sg' ii' 05" £, alone the south line of said DePorest Road~ a distance of 1200.00 feet to · ll inch wooden post found for corner; TH£Ng£ S 00' 3&~ I$". ~, a distance of 558.55 feet to · ~ inch iron rod found for cornet; T~1£~£ S 89' ii' 0~" E, a distance of &7.29 feet to · ~ inch iron rod found for corner~ ~llENCE ~enerally along the ~.ander of the high bank line of Denton Creek ~s fellers: $ 69' O?~ 3&" ~, a distance of 21&.27 feet to a ~ inch iron rod found for cornerl S 32' &2' 02" ~, a distance of 196.61 feet to a ~ inch iron tod found for corner; S 21° 33' 37" E, a distance of 237.0& feet to a ~ inch iron rod for corner; 8 !1t68 '6 226 THENCE S~ 20* 33' -~&' ~* a distance of 100.O0 feet to a % inch iron rod aec for co~ner; TP~C~ ~ ~8' 39' 3~" E, · d~st~nce of 17~.62 fee~ to · ~ ~nch ~on rod set for corner; THENCE S 21' 02* 15" E, a d~s~ance of 60.9~ feet to a ~ ~nch ~r6n rod set fo~ corner; ~E~CE S O~* &2' 38" E~ a distance of 101.98 feeC to · ~ inch iron rod se~ for coTne~; ~C; S 26' 33' 5l*' E, a distance of &3.B9 feet to a % inch izon rod set for corner; T~S S 27' 11' 33" ~. a distance of 385.67 feet to a % inch iron rod set for corner in the North line o~ future ~cArthu: Boulevard (proposed 100 fee: right- of-way); TH~C$ N 62' 37' 39" ~. alon8 said North line of ~cArthur Boulevard for a distance of 1190.67 feet to the POINT OF BECI~INC; 'Containing 938.06&.51 squa~e feet or 21.5350 acres of land. mo~e or less. Part of Tract I and ~ost of Tract III are now known as VIL~GE. OF COPPELL, PHASE I, an A~dition to the City of Copgell, Dallas: County, Texas, according to the Map thereof recorded vol~e 86118, Page 1828, ~P Records, Dallas Court:y, Texas and Surveyor Certificate of Correction recorded in vOlUme Page 2281, Deed Records, Dallas County, Texas; as affecte~ by Coffee:ion filet April 1, 1987, in Volu~e fT~', Page ~, ~ Records, D~llas County, Texas; SAV~ AND EXCEPT . . ~ts 22, 23, 36, 49, 24, ~0, 35, 39, 46, 51, all in Blbck C and ~t 26, Block:.' B, Village of Coppell, Phase I according to the Map thereof"'recorded in Volume 86118, Page 1828, Map Records, Dallas c~unty., Texas and Surveyor Certificate of Correction recorde~-in 'volume 86199, Page 2281, Deed Records, Dallas County, Texas; as affecte~ by Correction file~ April l S7, in volu e , ecords, Dallas County, Texas *