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160 & 164 Southwestern T H E • C I T Y • O F COPPELL rte *gym- o A 8 1 October 7,2013 Steven Chadick Chadick Capital,LP 3201 Lovers Lane Dallas,TX 75225 RE: Title Commitment Exceptions for 160 and 164 Southwestern Blvd. Dear Mr. Chadick: I am writing this letter to address three items of concern from the title commitment for the property located at the referenced addresses. The specific items listed in section l Og are the encroachment of gravel from the unimproved alley along the north edge of lots 17 and 18, encroachment of the driveways serving lots 17 and 18 into city owned right of way, and the encroachment of the driveway serving lot 18 across property owned by Pacific Resources Associates,LLC. There is a platted public alley right of way along the north side of lots 17, 18, and 19. This alley is primarily used to access the two properties immediately north of the alley. It appears that over the years, some of the gravel has migrated south onto your property. The city is not maintaining this portion of your property for use as a roadway, and we do not claim any rights,prescriptive, or otherwise to this four to four point five foot(4' —4.5') area of apparent encroachment. The second point of concern is the "protrusion" of the two driveways into the City of Coppell controlled right of way, called out as "Farmers Branch Coppell Road." It is customary and proper for driveways to leave the private property and enter the public right of way where they connect to the street. In the case of lot 17, this is just a longer distance than is usually required. This excess right of way was created during the reconstruction of Southwestern Blvd. that took place between October 2009 and November 2010. The City of Coppell has no plan to construct a new roadway within this right of way; however, there are city owned and franchise utilities within the right of way that preclude us from abandoning our rights within this area. The City has no objection to the existing driveways within this area. The final exception of note is the encroachment of the driveway serving lot 18 on property owned by Pacific Resources Associates, LLP. The previous owner of this lot, Park West Commerce Center, actually constructed this driveway as part of the reconstruction of Southwestern Blvd. We are reviewing all past documents to see if access was granted. 255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673 In the event this does not satisfy the potential buyer, the city will allow the removal of this driveway, and the widening of the driveway that connects to lot 17 to provide suitable access to Southwestern Blvd. If you have any questions or need any additional information please feel free to contact me by phone or email. Sincerely, Keith Marvin,P.E. Assistant Director of Public Works Office 972/304-3681 Fax 972/462-5199 kmarvin@coppelltx.gov cc: Ken Griffin,P.E.,Director of Engineering&Public Works Michael Garza,P.E.,Assistant Director of Engineering