Castlebury-CS 981228 (2)ROBERT L, DILLARD III
ROBERT E. HAGER
PETER G.
DAVID M. BEllMAN
BRUCE A. STOCKARD
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS @NJDHS.com
JOHN F. ROEHM III
JASON C. MARSHALL
J. DAVID DOOD III
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF C(XJN~EL
December 28, 1998
VIA FACSIMILE
Michael A. Martin, E.I.T.
Assistant City Engineer
Engineering Department
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
RE: TUElectric right-of-way dedication
Dear Michael:
Pursuant to your request the undersigned reviewed the proposed right-of-way easement
from Texas Utilities for the alley right-of-way to be constructed by Ryland Homes.
The form of easement is acceptable however please note that under paragraph 7
TUElectric may require the City to relocate the alley without payment of any costs incurred by
the City, if suitable alternatives are available for relocation. Normally, an easement conveying
right-of-way is not subject to relocation and continues until the public use is abandoned.
Accordingly, we recommend that paragraph 7 and the reference to the grantor's right to cause
relocation in paragraph 10 be deleted. This may not be negotiable with TUElectric, however
homes which are constructed and abutt the alley will be purchased in reliance on the existence of
the alley and relocation will not be possible.
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Thank you for your attention to this matter. If you have any questions please don't
hesitate to contact us.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
PGS/cdb
Enclosure
cc: Kent Collins
VIA FACSIMILE & U.S. FIRST CLASS MAIL
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