ST8804-CS 901206 I--
ALFRED SALLINGER (Formerly Saner, Jack, Sallinger & Nichols) L ....... ~. HEM~',qiLi
LAWRENCE W. JACKSON Attorneys & Counselors at Law ROBERT E. HAGER
T,M K,RK 1800 Lincoln Plaza PETER G. SMITH
ROBERT L. DILLARD Ill .JOHN PIERCE GRIFFIN
500 N. Akard
~os~ ~. ~..A,~ .,. Dallas, Texas 75201 ~o~
~. uou~s ~c~o.s (214) 954-3333 s,uc[ A. S~OCXA,D
o~ course. Facsimile (214) 954-3334
December 6, 1990
Shohre Daneshmand
Acting City Engineer
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: Heartz Road Easements
Dear Shohre:
You have asked me to review the eight remaining easement
dedications from the owners of the land around Heartz Road and
Sandy Lake. In particular, you have asked me to review the
proposed dedication documents to determine whether the documents
are acceptable from the City of Coppell's point of view.
After reviewing the proposed dedication documents, it is my
opinion that the documents are identical to the one which we
reviewed in depth. As you know, the easement documents are one-
sided in the favor of the developer. In particular, the easement
purports to be a nonexclusive easement which would allow the
developer to grant as many as five different easements with no
regard or responsibility for making or keeping access to the
easement clear. This non-exclusivity is not bad on its face, but
sometimes can cause problems. In a normal form, nothing is
generally mentioned about exclusivity of the easement.
Paragraph three puts the burden on the City to bear the
consequences if Dallas County Records reveal encumbrances on the
land. A regular state form would put the burden on the developer,
requiring him to represent that the Dallas County records are free
and clear of all encumbrances. Paragraphs five and six, when taken
together, appear to allow the developer to use the property he has
dedicated to us in any manner he sees fit but which puts the
liability on the City for any damages which occur because of this
use. Additionally, using this property in any way he sees fit
could conceivably deny or impede access by the City to the drainage
facilities. These clauses are very one-sided. Paragraph seven
shifts all liability for damages onto the City except any damage
caused solely by negligence of the grantor. This is an entirely
Shohre Daneshmand
December 6, 1990
Page 2
unacceptable paragraph. These are just some of the objectionable
aspects of the proposed easement document dedicated by the
developer. It is my opinion that the City should require the
developer to dedicate these easements on a standard form which
would take out many of the objectionable aspects. In the
alternative, the existing documents can be negotiated.
If you have any further questions, please do not hesitate to
call me.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
Bruce A. Stockard
BAS/1 b