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<br />LETTER AGREEMENT <br /> <br /> <br />This Letter Agreement (the "Agreement") is made effective as of this 11th <br />day of December 2001, by and between A1badelana Daniel, Individually <br />and as Attorney-in-Fact for Nawona Crenwelge (Grantor"), and the City of San Marcos, <br />Texas ("Grantee"). <br /> <br />WHEREAS, pursuant to a Warranty Deed (the "Deed") to be executed by <br />Grantor in favor of Grantee, Grantor will convey to Grantee certain lots adjoining Bishop <br />and Allen Streets (the "Property"); and <br /> <br />WHEREAS, the parties desire to set forth certain agreements with made between <br />the parties with respect to the use of the Property by the Grantee; <br /> <br />NOW THEREFORE, for good and valuable consideration, the receipt and <br />adequacy of which are hereby acknowledged, the parties hereto agree as follows: <br /> <br />1) It is understood and agreed that the City shall make every reasonable effort to <br />save the large (30" diameter) oak tree located on the lands conveyed by the <br />Warranty Deed. <br /> <br />2) The "drain" for the proposed detention pond proposed for installation on the <br />Property shall not be located proximate to the edge of the detention pond and <br />adjoining Grantor's remaining property, but shall be designed for a location in the <br />approximate middle of the detention pond or further from Grantor's remaining <br />land. <br /> <br />3) Nothing in this agreement affects the nature of the title to the Property conveyed <br />by Grantor to Grantee, or the warranties contained in the Deed. <br /> <br />IN WITNESS WHEREOF, this instrument was executed as of the date first <br />written above. <br /> <br />Grantor: <br /> <br />Albadelana Daniel, Individually and as <br />Attorney-in-Fact for Nawona Crenwelge <br /> <br />Grantee: <br />City of San Marcos, Texas <br /> <br />By: <br /> <br />