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RE Main Street ProjectKeith: In short, since it is consistent with city practice, are you OK with making the change? You really didn't say in your response. KBL Kevin B. Laughlin Nichols, Jackson, Dillard,    Hager & Smith, LLP 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201   (214) 965-9900 (214) 965-0010 (facsimile) klaughlin@njdhs.com   THIS E-MAIL MESSAGE IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 USC SECTIONS 2510-2521 AND IS LEGALLY PRIVILEGED. FURTHER, THIS E-MAIL MESSAGE (AND THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATIONS AND/OR ATTORNEY WORK PRODUCT. IT IS TRANSMITTED FOR THE EXCLUSIVE INFORMATION AND USE OF THE INTENDED RECIPIENT(S). IF YOU HAVE RECEIVED THIS E-MAIL TRANSMISSION (AND THE DOCUMENTS ACCOMPANYING IT) IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY E-MAIL OR TELEPHONE AT (214) 965-9900, AND DELETE THE TRANSMISSION FROM YOUR SYSTEM. -----Original Message----- From: Keith Marvin [mailto:KMarvin@coppelltx.gov] Sent: Wednesday, November 28, 2012 5:11 PM To: Kevin Laughlin Cc: gregyancey@verizon.net; Mindi Hurley Subject: RE: Main Street Project Kevin, I know the easement language does not specifically require restoration of paving and landscaping, but in practice the city has always made such repairs when we perform work within the easement. In addition, when utility companies perform work within city right of way or easement they are generally required to secure a permit from our department prior to performing the work. The terms of this permit require that they restore any disturbed area upon completion of the work. I hope this information is satisfactory to the buyer. Keith Marvin, P.E. City of Coppell 972-304-3681 -----Original Message----- From: Kevin Laughlin [mailto:klaughlin@njdhs.com] Sent: Wednesday, November 14, 2012 8:54 AM To: Keith Marvin Cc: Robert Hager; Mindi Hurley Subject: FW: Main Street Project Keith: Please review the issue posed by Jeff Fink and let us know what you think. The request seems to be limited to an agreement to replace paving and landscaping for which the City has previously consented be placed within the easement. KBL Kevin B. Laughlin Nichols, Jackson, Dillard,    Hager & Smith, LLP 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201   (214) 965-9900 (214) 965-0010 (facsimile) klaughlin@njdhs.com   THIS E-MAIL MESSAGE IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 USC SECTIONS 2510-2521 AND IS LEGALLY PRIVILEGED. FURTHER, THIS E-MAIL MESSAGE (AND THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATIONS AND/OR ATTORNEY WORK PRODUCT. IT IS TRANSMITTED FOR THE EXCLUSIVE INFORMATION AND USE OF THE INTENDED RECIPIENT(S). IF YOU HAVE RECEIVED THIS E-MAIL TRANSMISSION (AND THE DOCUMENTS ACCOMPANYING IT) IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY E-MAIL OR TELEPHONE AT (214) 965-9900, AND DELETE THE TRANSMISSION FROM YOUR SYSTEM. -----Original Message----- From: Jeff Fink [mailto:jfink@applefinklaw.com] Sent: Tuesday, November 13, 2012 6:45 PM To: Kevin Laughlin Subject: Re: Main Street Project Kevin, I know this is going to council tonight for approval, but will city staff have any flexibility to modify this language? The owner of Local Diner has raised the following concern: My only concern is: It doesn't require the city or utility companies to restore any concrete, landscape, etc. on the easement area if they disturb it. I just got this information this afternoon. Since the City has the right to approve any grantee improvements, landscaping, etc. within the easement area, can you find out if Keith would have any objection to a restoration obligation so long as whatever they are asking to be restored was approved by the City? Thanks. Jeffrey Fink Apple & Fink, LLP 735 Plaza Boulevard, Suite 200 Coppell, Texas 75019 Phone: (972) 315-1900 x232 Fax: (972) 315-1955 www.applefinklaw.com CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law firm. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, or any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Thank you for your cooperation. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. On Wed, Nov 7, 2012 at 1:22 PM, Kevin Laughlin <klaughlin@njdhs.com> wrote: > Per our conversation on Monday, attached is proposed reservation language. Keith has reviewed and is OK with this. Please comment. > > Kevin B. Laughlin > Nichols, Jackson, Dillard, > Hager & Smith, LLP > 1800 Lincoln Plaza > 500 N. Akard > Dallas, Texas 75201 > > (214) 965-9900 > (214) 965-0010 (facsimile) > klaughlin@njdhs.com > > > THIS E-MAIL MESSAGE IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 USC SECTIONS 2510-2521 AND IS LEGALLY PRIVILEGED. FURTHER, THIS E-MAIL MESSAGE (AND THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATIONS AND/OR ATTORNEY WORK PRODUCT. IT IS TRANSMITTED FOR THE EXCLUSIVE INFORMATION AND USE OF THE INTENDED RECIPIENT(S). IF YOU HAVE RECEIVED THIS E-MAIL TRANSMISSION (AND THE DOCUMENTS ACCOMPANYING IT) IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY E-MAIL OR TELEPHONE AT (214) 965-9900, AND DELETE THE TRANSMISSION FROM YOUR SYSTEM. > > > -----Original Message----- > From: Jeff Fink [mailto:jfink@applefinklaw.com] > Sent: Monday, November 05, 2012 10:22 AM > To: Kevin Laughlin > Subject: Main Street Project > > Kevin, attached is form of utility easement sent to Greg Yancey by Keith Marvin. The tract being purchased by the Local Diner near the entry to the project needs to be subjected to a utility easement running adjacent to Main Street to provide for an electrical transformer/vault (which is already in place) and for an electric line to run to the entry feature sign. As you know, MSC has not yet purchased this property and will likely not do so for at least a month or so until they know for sure the Local Diner is closing. This easement request is scheduled for a council vote next Tuesday. We had prepared a revised version that I thought Greg had approved, but he wants to go back to the "City form". I have two questions: > > 1. Do you see any problem with the City granting an easement to itself? > > 2. Do you know, based on past experience, if Oncor will be ok with this form of easement even though it is actually a grant to the City and its successors and assigns? I was thinking we could clean this up just a bit to make it clear that any franchise utility of the City would be a beneficiary of this easement. > > Jeffrey Fink > Apple & Fink, LLP > 735 Plaza Boulevard, Suite 200 > Coppell, Texas 75019 > Phone: (972) 315-1900 x232 > Fax: (972) 315-1955 > www.applefinklaw.com > > CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law firm. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. > If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, or any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. > Thank you for your cooperation. > > IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. ND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATIONS AND/OR ATTORNEY WORK PRODUCT. IT IS TRANSMITTED FOR THE EXCLUSIVE INFORMATION AND USE OF THE INTENDED RECIPIENT(S). IF YOU HAVE RECEIVED THIS E-MAIL TRANSMISSION (AND THE DOCUMENTS ACCOMPANYING IT) IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY E-MAIL OR TELEPHONE AT (214) 965-9900, AND DELETE THE TRANSMISSION FROM YOUR SYSTEM. -----Original Message----- From: Keith Marvin [mailto:KMarvin@coppelltx.gov] Sent: Wednesday, November 28, 2012 5:11 PM To: Kevin Laughlin Cc: gregyancey@verizon.net; Mindi Hurley Subject: RE: Main Street Project Kevin, I know the easement language does not specifically require restoration of paving and landscaping, but in practice the city has always made such repairs when we perform work within the easement. In addition, when utility companies perform work within city right of way or easement they are generally required to secure a permit from our department prior to performing the work. The terms of this permit require that they restore any disturbed area upon completion of the work. I hope this information is satisfactory to the buyer. Keith Marvin, P.E. City of Coppell 972-304-3681 -----Original Message----- From: Kevin Laughlin [mailto:klaughlin@njdhs.com] Sent: Wednesday, November 14, 2012 8:54 AM To: Keith Marvin Cc: Robert Hager; Mindi Hurley Subject: FW: Main Street Project Keith: Please review the issue posed by Jeff Fink and let us know what you think. The request seems to be limited to an agreement to replace paving and landscaping for which the City has previously consented be placed within the easement. KBL Kevin B. Laughlin Nichols, Jackson, Dillard,    Hager & Smith, LLP 1800 Lincoln Plaza 500 N. Akard Dallas, Texas 75201   (214) 965-9900 (214) 965-0010 (facsimile) klaughlin@njdhs.com   THIS E-MAIL MESSAGE IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 USC SECTIONS 2510-2521 AND IS LEGALLY PRIVILEGED. FURTHER, THIS E-MAIL MESSAGE (AND THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATIONS AND/OR ATTORNEY WORK PRODUCT. IT IS TRANSMITTED FOR THE EXCLUSIVE INFORMATION AND USE OF THE INTENDED RECIPIENT(S). IF YOU HAVE RECEIVED THIS E-MAIL TRANSMISSION (AND THE DOCUMENTS ACCOMPANYING IT) IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY E-MAIL OR TELEPHONE AT (214) 965-9900, AND DELETE THE TRANSMISSION FROM YOUR SYSTEM. -----Original Message----- From: Jeff Fink [mailto:jfink@applefinklaw.com] Sent: Tuesday, November 13, 2012 6:45 PM To: Kevin Laughlin Subject: Re: Main Street Project Kevin, I know this is going to council tonight for approval, but will city staff have any flexibility to modify this language? The owner of Local Diner has raised the following concern: My only concern is: It doesn't require the city or utility companies to restore any concrete, landscape, etc. on the easement area if they disturb it. I just got this information this afternoon. Since the City has the right to approve any grantee improvements, landscaping, etc. within the easement area, can you find out if Keith would have any objection to a restoration obligation so long as whatever they are asking to be restored was approved by the City? Thanks. Jeffrey Fink Apple & Fink, LLP 735 Plaza Boulevard, Suite 200 Coppell, Texas 75019 Phone: (972) 315-1900 x232 Fax: (972) 315-1955 www.applefinklaw.com CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law firm. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, or any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. Thank you for your cooperation. IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein. On Wed, Nov 7, 2012 at 1:22 PM, Kevin Laughlin <klaughlin@njdhs.com> wrote: > Per our conversation on Monday, attached is proposed reservation language. Keith has reviewed and is OK with this. Please comment. > > Kevin B. Laughlin > Nichols, Jackson, Dillard, > Hager & Smith, LLP > 1800 Lincoln Plaza > 500 N. Akard > Dallas, Texas 75201 > > (214) 965-9900 > (214) 965-0010 (facsimile) > klaughlin@njdhs.com > > > THIS E-MAIL MESSAGE IS COVERED BY THE ELECTRONIC COMMUNICATIONS PRIVACY ACT, 18 USC SECTIONS 2510-2521 AND IS LEGALLY PRIVILEGED. FURTHER, THIS E-MAIL MESSAGE (AND THE DOCUMENTS ACCOMPANYING IT) MAY CONTAIN PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATIONS AND/OR ATTORNEY WORK PRODUCT. IT IS TRANSMITTED FOR THE EXCLUSIVE INFORMATION AND USE OF THE INTENDED RECIPIENT(S). IF YOU HAVE RECEIVED THIS E-MAIL TRANSMISSION (AND THE DOCUMENTS ACCOMPANYING IT) IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY E-MAIL OR TELEPHONE AT (214) 965-9900, AND DELETE THE TRANSMISSION FROM YOUR SYSTEM. > > > -----Original Message----- > From: Jeff Fink [mailto:jfink@applefinklaw.com] > Sent: Monday, November 05, 2012 10:22 AM > To: Kevin Laughlin > Subject: Main Street Project > > Kevin, attached is form of utility easement sent to Greg Yancey by Keith Marvin. The tract being purchased by the Local Diner near the entry to the project needs to be subjected to a utility easement running adjacent to Main Street to provide for an electrical transformer/vault (which is already in place) and for an electric line to run to the entry feature sign. As you know, MSC has not yet purchased this property and will likely not do so for at least a month or so until they know for sure the Local Diner is closing. This easement request is scheduled for a council vote next Tuesday. We had prepared a revised version that I thought Greg had approved, but he wants to go back to the "City form". I have two questions: > > 1. Do you see any problem with the City granting an easement to itself? > > 2. Do you know, based on past experience, if Oncor will be ok with this form of easement even though it is actually a grant to the City and its successors and assigns? I was thinking we could clean this up just a bit to make it clear that any franchise utility of the City would be a beneficiary of this easement. > > Jeffrey Fink > Apple & Fink, LLP > 735 Plaza Boulevard, Suite 200 > Coppell, Texas 75019 > Phone: (972) 315-1900 x232 > Fax: (972) 315-1955 > www.applefinklaw.com > > CONFIDENTIALITY NOTICE: This electronic mail transmission has been sent by a law firm. It may contain information that is confidential, privileged, proprietary, or otherwise legally exempt from disclosure. > If you are not the intended recipient, you are hereby notified that you are not authorized to read, print, retain, copy or disseminate this message, or any part of it, or any attachments. If you have received this message in error, please delete this message and any attachments from your system without reading the content and notify the sender immediately of the inadvertent transmission. There is no intent on the part of the sender to waive any privilege, including the attorney-client privilege, that may attach to this communication. > Thank you for your cooperation. > > IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any matters addressed herein.