WA9401-CS 911203Dallas Area Rapid Transit
6O1 Pacific Avenue
Dallas, Texas 75202
214/748-3278
December 3, 1991
A'I"rACHMENT ~-6
Mr. Gary Sieb
Director of Planning
City of Coppell
255 Parkway Boulevard
Coppell, Texas 75019
Re: Private Roadway Agreement with J. E. Thompson at Mile Post
605.14 in Coppell
Dear Mr. Sieb:
In response to our phone conversation, please be advised that the
license agreement between Mr. Thompson and the St. Louis
Southwestern Railway Co. ("Railroad") dated January 18, 1983 was
acquired by DART in the acquisition of January 1, 1991. The
30-day terminable agreement is for a private road crossing, not
for public use. The license was granted to Mr. Thompson to
access his property. Lattimore Materials Co. entered into a
license agreement with the Railroad on May 28, 1986 to use the
same road crossing to access their property.
Mr. Thompson and Lattimore Materials assume all property damage
and bodily injury liability for the road crossing and must upon
request provide evidence of insurance of their liability under
this agreement which satisfies DART's Risk Management staff.
To change the zoning of the property to be served by the roadway
and propose a business that would attract the public, changes the
use of the road crossing from private to public which DART finds
unacceptable under this existing agreement. Both licenses,
therefore, would be subject to termination and the crossing
removed.
DART would consider the City's application for a public road
crossing license with the City of Coppell assuming all liability
and maintenance of the crossing. Plans for the road crossing
Mr. Carl Sieb
December 3, 1991
Page 2
would have to meet certain criteria established by the Railroad
as they have an operating agreement with DART and must approve
any plans which effect the right of way.
In summary, please understand that DART does not object to the
type of business that Mr. Thompson is proposing to the City. Our
objection is that Mr. Thompson's property does not provide for
public access under the current agreement with DART. We are
concerned that the proper improvements necessary for a public
crossing, the liability and maintenance of public right of way be
under the domain of a public authority.
Sincerely,
Jan Seidner
R/W Management Representative
December 9, 1991
REGISTERED PROFESSIONAL
LAND SURVEYOR
ATTACHMENT #7
Taryon Paste omn
PlanninS onin2 Coordinator
City'Of oppell
255 P kway Boulevard
C:~ijnC:F°O~j~75019
/~tS: DART LecCer Concernin2 Private Roadway
Airesmerit.
Dear Taryon,
Enclosed are letters of additional opinions on the continued use of ohm
private roadway. We have discussed the DART Procedure with DART 8Calf. Our
insurance underwricin2 for DART Risk Mana2emenc is noC prohibitive for us.
We would continue co have Che responsibiliuy of a private drive with Ohm
necessary improvements, liability protection and maintenance Co keep a revised
license a2reemenc noC a responsibility or liability co che City Of Coppell.
We have previously provided our TransporCaClon Study for our mice. Also Mr.
Xavier Chapa P.E. whose letter is provided did the sCruccural report on the
structures and is involved with our mice entrance improvemen~s.
The necessery consulcan=s are available for any ques=ions. They will also be
available ac Che.plannin2 and zonin2 meecin2 Co assist members with any quesCions
aC ChaC time.
Sincerely,
R. 3. Michael" Daum
Re2isCered Professional Land Surveyor.
P.O. Box 210856 · Dallas~ Texas 75211 · 214-330-9823
TRANS TEXAS
/s~TACHMENT #8
December 6, 1991
Mr. R. J. Daum, R.P.L.S.
IPA
P.O. Box 210856
Dallas, Texas 75211
Dear Mr. Daum:
This is in regard to your clientts concerns about the
continuance of the private crossing license at the Beltline
Road facility in Coppell, Texas.
Typical1 , it has been the policy of railroad companies to
grant r[vate crossing licenses to property owners for access
to their property with rovisions for cancellation of said
licenses upon 30 day notification. In the case of your
client, his only access to his property is through a license
to cross the St. Louis and Southwestern Railroad property,
which propertyI understand has been acquired by DART. It is
likel that DART has also acquired other licenses that had
been ~ssued reviously to property owners by the former
operating raYlroad com any.
In my extensive experience with railroad operations, I had
never encountered a situation where a licensee had been
required to convert a private crossing to a public crossing,
articularly where the access would be only to the
Immediately adjacent property and would not contlnue beyond
to other properties. I have in ired to other railroad
officials on your behalf as to their polic on these matters,
and every response revealed that requir~ng this conversion
was not a universal nor conventional practice.
I would suggest that DART should maintain a consistant policy
with your client as they do with all other licensees~ for
which they maintain private crossing licenses and as other
railroad companies maintain with their licensees. If all
other licensees having private crossing licenses are not
being required to pursue conversion of their private
crossings to public crossings, then your client should DOt be
required to rovide this benefit either.
It is my opinion that DART can not require your client to
provide a benefit to DART that is not required of all other
licensees in similar circumstances.
Please advise if I can be of further assistance in this
matter.
Xavier Chapa, P.E.
P. O. BOX9419
AMARILLO. TEXAS 79105
(8o6) 379-8828
4925 GREENVILLE AVE,, SUITE 750
DALLAS, TEXAS 75206
TELEPHONE: 214-265-1233
FAX: 214-265-1332
December 9, 1991
ATTACHMENT #9
Mr. R. J. Daum, R.P.L.S.
IPA
P.O. Box 210856
Dallas, TX 75211
Re:
Proposed Thompson East Addition, Coppell, Dallas County,
Texas ("Proposed Addition") located at 1850 Beltline
Road, Coppe11, Dallas, Texas ("Property"]
Dear Mr. Daum:
Pursuant to my review of the PrellminaryPlat of the Proposed
Addition and according to the letter from Mr. Xavier Chapa, P.E.
addressed to you, the current access for the Property to a public
street [which in this case is Beltline Road] is byway of a private
road which is evidenced (according to the information furnished to
me) by a private crossing license With St. Louis and Southwestern
Railroad (the predecessor-in-interest to Dallas Area Rapid Transit
("DART")). I understand that DART has taken the position that a
public crossing (for the benefit of the City of Coppe11) is
necessary for this Property. I must disagree with DART~sposition
(and agree with Mr. Chapa) that only a private crossing (which I
understand currently exists) is necessary, not a public roadway
since the crossing merely serves this one piece of property.
Public access (whether it is a street or a crossing) should benefit
the entire public (such as Beltline Road does) and not just one
piece of property, such as the Property in question.
If you have
contact me.
GME/cr
Enclosure
any questions or comments, please feel free to
Very ruly yo ~~~,~