SS9301-CS 920126 NICHOLS, JACKSON, KIRK & DILLARD
(Formerly Sallinger, Nichols, Jackson, Kirk & Dillard)
L~,WRENCE W JACKSON Attorneys & Counselors at Law ROSER'r E..^GER
T~M ~.B 1800 Lincoln Plaza -[~. G. 5~ITH
ROBERT L. DILLARD III 500 N. Akard JOHN PIERCE GRIFFIN
ROBERT D HEMPHILL Dallas, Texas 75201 DAVID M BERMAN
.o~¢.~ L. D~L~*.O.J. (214) 954-3333 JO.. ~..DE.. m
H LOUIS NICHOLS Facsimile (214) 954-3334 ~.uc¢ A. STOCK~.D
OF COUNSEL
Janua~ 26, 1992 ~ ~~~~
Mr.
Gabe
Favar
Ginn & Case, Inc.
17103 Preston Road jAN ~ ~ I~
Suite 100, LB 118 CITY, ANAGER
Dallas, Texas 75248
Re: Easement Forms
Grapevine Creek Sewer Project
Dear Gabe:
I am enclosing a form titled TEMPORARY CONSTRUCTION EASEMENT and a
form titled SANITARY SEWER EASEMENT. I recommend using these forms in connection
with the easements to be obtained for the Grapevine Creek Sewer Project. Each
easement will consist of two pages plus the exhibits. The second page would be for the
acknowledgments, followed by your exhibit "A" and exhibit "B" and a third exhibit "C" for
any lengthily special conditions of the grantor, such as an agreement to save certain trees
or replace certain fences etc.
I have prepared one acknowledgment page that may be used were the easement
is to be executed by one person, or, to be executed by two persons such as a husband
and wife. An extra copy of this page could be attached if there are more than two
individual persons required to sign.
Also enclosed is a second acknowledgment page that may be used if the grantor
is a corporation.
I would not recommend use of the forms you faxed to me for the following
reasons:
1. You need the one dollar consideration stated in the easement. If the plan
of action goes the way the city hopes it will, the one dollar will be the only
actual consideration involved.
2. It is my understanding that there will be a number of trees that have to be
removed. The City should have the right under the easement to remove
"obstructions" such as trees and fences. If the city must obtain "permission"
from the grantor in order to remove trees and the trees involved are those
that must be removed in order to complete the job, the city could find itself
in the position of having to renegotiate the easement or go to condemnation
at some subsequent time.
3. The city should not indemnify the grantor. The city should agree to put the
surface back to its original condition as nearly as practical, but should not
be obligated to indemnify for any damage not specifically agreed to in the
easement. For example, the city would not want to pay for trees that are
removed and not replaced, or, to have to replant trees the removal of which
might be considered by the grantor as a damage to the surface.
Any special conditions that might be required by the grantor could be added in the
extra space following the paragraph dealing with exhibits "A" and "B", or, where the
conditions are lengthily, on an additional page and marked Exhibit "C" with a short
notation on the first page that states "This easement is also conditioned upon the special
conditions set out in Exhibit "C" attached hereto and made a part hereof."
After you have had a chance to look these over please give me a call so we can
discuss any changes you feel should be included to the form.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD
CC'
Steve Oram
^lan Ratliff