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ST8501-CS 980204al, -' CATE L LUS Public Works Coppell, Texas 75019 Dear Mr. Griffin: Enclosed is an original Special Warranty Deed (the "Deed") pursuant to which Catellus Development Corporation ("CDC") conveys to the City of Coppell, Texas (the "City"), 4.1526 acres (180,887 square feet) of right-of-way underlying a portion of Freeport Parkway (the right-of-way area conveyed by CDC to the City pursuant to the Deed is hereinafter referred to as the "ROW Area"). Prior to conveying the ROW Area to the City pursuant to the Deed, CDC has caused roadway, utility and related improvements to be constructed in the ROW Area (such items, the "Improvements"). As a material inducement to CDC to execute and deliver the Deed to the City, the City, by executing a counterpart of this letter hereinbelow and returning such counterpart to CDC, hereby acknowledges and agrees that (i) the City accepts the dedication of the ROW Area and the Improvements, and (ii) the City will be responsible for the repair, maintenance and operation of the ROW Area and the Improvements from and after the date of the Deed. Pursuant to the request of the City, also enclosed herein is the CDC resolution establishing the undersigned's authority to execute the Deed as an officer of CDC. The Deed is being delivered to the City conditioned upon the City executing the additional counterpart of this letter enclosed herein and returning such counterpart to CDC. CATELLUS I')EVELOPMENT CORPORATION 4545 F~ ~_1.~< [')i~x ~, St~: t-ii 100, h~vl~<~ ~, %ix:xs 75038 (972) 719-6101 FAX (972) 719-6149 CATELLUS February 4, 1998 Mr. Kenneth M. Griffm, P.E. Director of Engineering and Public Works City of Coppell, Texas PO Box 478 Coppell, Texas 75019 Dear Mr. Griffin: Enclosed is an original Special Warranty Deed (the "Deed") pursuant to which Catellus Development Corporation ("CDC") conveys to the City of Coppell, Texas (the "City"), 4.1526 acres (180,887 square feet) of right-of-way underlying a portion of Freeport Parkway (the right-of-way area conveyed by CDC to the City pursuant to the Deed is hereinafter referred to as the "ROW Area"). Prior to conveying the ROW Area to the City pursuant to the Deed, CDC has caused roadway, utility and related improvements to be constructed in the ROW Area (such items, the "Improvements"). As a material inducement to CDC to execute and deliver the Deed to the City, the City, by executing a counterpart of this letter hereinbelow and returning such counterpart to CDC, hereby acknowledges and agrees that (i) the City accepts the dedication of the ROW Area and the Improvements, and (ii) the City will be responsible for the repair, maintenance and operation of the ROW Area and the Improvements from and after the date of the Deed. Pursuant to the request of the City, also enclosed herein is the CDC resolution establishing the undersigned's authority to execute the Deed as an officer of CDC. The Deed is being delivered to the City conditioned upon the City executing the additional counterpart of this letter enclosed herein and returning such counterpart to CDC. CATELLUS DEVELOPMENT CORPORATION 4545 FULLER DRIVE, SUITE 100, IRWNO, TEX~S 75038 (972) 719-6101 FAX (972) 719-6149 Mr. Kenneth M. Griffin February 4,1998 Page 2 of 2 If there are any questions regarding the foregoing, please do not hesitate to contact the undersigned. Sincerely, Ted Antenucci Vice President Acknowledged and Agreed: CITY Oi//C,7?L, TEXAS Title7 C_~I"~