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Coppell CC 1L3-CS 930823//~/ /[~-,,-~, The City With A Beautiful Future ~ ~! P.O Box 478 ~ Coppell. Texas 75019 214-462-0022 August 23, 1993 Jeffery Fink Gardere and Wynne Attorneys and Counselors 3000 Thanksgiving Tower Dallas, TX 75201-4761 Re: Sanitary Sewer Easement Along the south side of Lot 3, Block 4 Coppell Commerce Center Dear Mr. Fink: This letter is written as a follow-up to our conversation in which the City of Coppell requested an utility easement along the southern portion of the referenced lot for the installation of a future sanitary sewer line in conjunction with our Master Plan. Part of the owner's concern was that there are improvements in the easement. Those improvements consist of a spur railroad line and a scale for weighing trucks. Immediately south of the property is land owned by DART. I have contacted Jan Seidner of DART concerning the possibility of obtaining an easement through the DART property for the installation of a sanitary sewer line. Ms. Seidner stated that DART would require the City to purchase the right to be on DART property and that DART would not grant an easement but would only grant the City the right to be on DART's property. The catch with this type of agreement with DART is that they reserve the right to have the City relocate any improvements on their property if they deem a better or different use of the property is in their best interest. Because DART will not grant an easement and because they will always reserve the right to have the sewer line relocated if it suits their plans, the City will continue to hold to the fact that an utility easement should be dedicated along the southern portion of this property in conjunction with the platting of the property. As I stated in our conversation, the City will make every attempt to provide the most cost efficient construction through this area with the least disruption to the adjacent properties. If micro-tunnelling or some other technology proves to be the most cost effective for the citizens of Coppell, then that would be the route that would be considered during the design phase and the construction of the sanitary sewer line. However, at this time, I cannot commit the City, the Engineering Department and/or future Councils to any certain construction scenario through this property. But as I have stated, the City will explore all options prior to attempting to open cut this area. In summary: 1) the City will still require the utility easement along the southern portion of this property; 2) the City will continue dialogue with DART in an attempt to secure access through their property, with no strings attached; and 3) during the design and construction phase the City will look at alternative ways to construct the line the most cost effective way with the least disruption to adjacent properties. If you should have any questions concerning this issue please feel free to contact me at your convenience. Sincerely, Kenneth M. Griffin, P.E. City Engineer CC.' Frank Trando, Interim City Manager Peter G. Smith, City Attorney Gary Sieb, Director of Planning and Community Services Steve Goram, Director of Public Works file/kgriffin/cpcomctr.ltr