RE Oncor Easement - Transformer @ West Side of Diner Lot (2)First, I need to talk to Bob about the instrument you are proposing to use. A property owner cannot convey an easement to itself. An easement is by its very nature (legally and technically)
a grant of a right to a third party. If we need this easement to be reserved for public utilities, we can do it concurrently with the sale of the property to Greg. Even if we were
to sign and record this document now, I would require that we reserve it again at the time of closing on the sale to Greg. Other than not wanting to forget it, is there any other reason
we are trying to do this now?
Second, as for signing easements granted across city property, the City Charter states that the Mayor shall sign any "conveyance." The grant of an easement constitutes a conveyance.
Therefore, granting an easement requires prior council action authorizing the mayor to sign.
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: Mindi Hurley [mailto:MHurley@coppelltx.gov]
Sent: Tuesday, October 16, 2012 2:46 PM
To: Kevin Laughlin; Keith Marvin
Subject: FW: Oncor Easement - Transformer @ West Side of Diner Lot
Kevin,
Attached is a Utility Easement and the associated legal description for land that we currently own. The utility easement will go across this land; therefore, it needs to be dedicated.
We are going to sign this dedication document for the Utility Easement before we sell the property to Greg Yancey so we need to dedicate it now.
Clay signed the Purchase and Sale Agreement and the Mayor signs all deeds. So, the question is who needs to sign this Utility Easement? If it is the Mayor, I guess it needs to go to
City Council? I have an agenda item that is currently on consent agenda that approves the amendment to the declaration of the CC&Rs, and we have attached the corrected special warranty
deed as back-up with that agenda item. I don't think we can do that for this since it is completely unrelated. Would it need to be a separate agenda item? Would we have to take it
to City Council at all? If we need to take it to City Council, we will just take it on November 13 since we missed the agenda request deadline already.
-----Original Message-----
From: Keith Marvin
Sent: Tuesday, October 16, 2012 1:19 PM
To: Greg Yancey
Cc: Mindi Hurley
Subject: RE: Oncor Easement - Transformer @ West Side of Diner Lot
Greg,
Here's the dedication instrument that will accompany the easement documents you have provided. I'll check with Mindi and see how she wants to handle the filing of this.
Keith Marvin, P.E.
City of Coppell
972-304-3681
-----Original Message-----
From: Greg Yancey [mailto:gregyancey@verizon.net]
Sent: Monday, October 15, 2012 5:44 PM
To: Keith Marvin
Subject: RE: Oncor Easement - Transformer @ West Side of Diner Lot
Keith:
Have you had a chance to work on this one?
We aren't on fire, just want to make sure we have it filed in time for the title company to find it.
I expect to receive notice from Frank by the end of the month, then we will give notice to Mindi and the title company.
Thanks,
Gregory K. Yancey
Provident Company, Inc.
PO Box 1790
Coppell, TX 75019
V (214) 215-9400
F (214) 276-1709
gregyancey@verizon.net
-----Original Message-----
From: Keith Marvin [mailto:KMarvin@coppelltx.gov]
Sent: Thursday, October 11, 2012 5:47 PM
To: Greg Yancey
Cc: Michael Garza; Mindi Hurley
Subject: Re: Oncor Easement - Transformer @ West Side of Diner Lot
Greg,
I'm not at my desk but looking at this on the phone it looks like it'll be fine to me. We will just call it a utility easement. We have a front end document, dedication instrument,
we will put with it.
I'll send a copy for you to look at tomorrow.
Keith Marvin, P.E.
City of Coppell
On Oct 11, 2012, at 4:52 PM, "Greg Yancey" <gregyancey@verizon.net> wrote:
>
.gov
(10.1.1.5) with Microsoft SMTP Server id 14.2.247.3; Tue, 16 Oct 2012
16:45:11 -0500
Received: from p02c11o142.mxlogic.net (208.65.144.75) by gwava.coppelltx.gov
(0.0.0.0) GWAVA SMTP; Tue, 16 Oct 2012 16:45:11 -0500
X-Spam_ID: str=0001.0A090203.507DD558.00BD:SCFSTAT18438042,ss=1,re=-4.000,recu=0.000,reip=0.000,cl=1,cld=1,fgs=0
X-GWAVADAT: <keymat><rkey>0DVrkmJ/DpMddHgo</rkey><gkey>67d7635f0fd78a051eb66d1d529d706861a52a2d9fc6ae5d0c6966a759b605d9</gkey><objectid>159nugr.159t4ik.do</objectid></keymat>
Received: from unknown [209.116.220.50] (EHLO mail.njdhs.com) by
p02c11o142.mxlogic.net(mxl_mta-6.15.0-1) over TLS secured channel with ESMTP
id 055dd705.0.38543.00-380.98760.p02c11o142.mxlogic.net (envelope-from
<klaughlin@njdhs.com>); Tue, 16 Oct 2012 15:44:54 -0600 (MDT)
X-MXL-Hash: 507dd55642036e2d-7a68bc239fd75f946395eb2331b464b0eed12e4d
Received: from MAIL1.NJDHS.local ([fe80::e967:29a3:3c30:38b0]) by
Mail1.NJDHS.local ([fe80::e967:29a3:3c30:38b0%13]) with mapi id
14.01.0218.012; Tue, 16 Oct 2012 16:44:47 -0500
From: Kevin Laughlin <klaughlin@njdhs.com>
To: Mindi Hurley <MHurley@coppelltx.gov>, Keith Marvin <KMarvin@coppelltx.gov>
CC: Robert Hager <Rhager@njdhs.com>
Subject: RE: Oncor Easement - Transformer @ West Side of Diner Lot
Thread-Topic: Oncor Easement - Transformer @ West Side of Diner Lot
Thread-Index: Ac2n+qPPyDUBbUYtRzuqkumnJIkYUAAB68XPANOIyoAAHnsJYAACleqwAAM+BWA=
Disposition-Notification-To: Kevin Laughlin <klaughlin@njdhs.com>
Return-Receipt-To: <klaughlin@njdhs.com>
Date: Tue, 16 Oct 2012 21:44:47 +0000
Message-ID: <A4FD97FF60E27D4F8BD8739AE80072AC0E25D9@Mail1.NJDHS.local>
References: <00a301cda7fa$a94de750$fbe9b5f0$@verizon.net>
<E6010485-3B1A-4FA2-A67D-AA8A4097EF83@coppelltx.gov>
<00d001cdab26$8d686b30$a8394190$@verizon.net>
<45D86FB586FEDE40AE541A4EC4ED01861699855B@XCOPP.coppell.city>
<CDCBD4A6035BA34596B0E9EADFD5745C16856394@XCOPP.coppell.city>
In-Reply-To: <CDCBD4A6035BA34596B0E9EADFD5745C16856394@XCOPP.coppell.city>
Accept-Language: en-US
Content-Language: en-US
X-MS-Has-Attach:
X-MS-TNEF-Correlator:
x-originating-ip: [10.0.2.89]
Content-Type: text/plain; charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable
MIME-Version: 1.0
X-Spam: [F=0.2000000000; CM=0.500; S=0.200(2010122901)]
X-MAIL-FROM: <klaughlin@njdhs.com>
X-SOURCE-IP: [209.116.220.50]
X-AnalysisOut: [v=2.0 cv=XJeHv3dE c=1 sm=0 a=tUUtDJRNnIT1qXuS9LetSA==:17 a]
X-AnalysisOut: [=QAX-weF2JtgA:10 a=nPqKCpp123wA:10 a=kQWoC3mjah0A:10 a=BLc]
X-AnalysisOut: [eEmwcHowA:10 a=8nJEP1OIZ-IA:10 a=xqWC_Br6kY4A:10 a=O25EUqx]
X-AnalysisOut: [XAAAA:8 a=RNk0OSKKcmkA:10 a=o1OHuDzbAAAA:8 a=6ZkU_jiXegtwS]
X-AnalysisOut: [aXA5SEA:9 a=wPNLvfGTeEIA:10 a=iU-qhncP71MA:10 a=OQczuqr0-c]
X-AnalysisOut: [UA:10 a=J6NJZTbgZ9EA:10 a=qDSZwnh0zegA:10 a=tZBWn7lazdMA:1]
X-AnalysisOut: [0 a=4DItfEAos54A:10 a=tN9E6f0UjUMA:10 a=j0AAE7fBa8cA:10 a=]
X-AnalysisOut: [31G0fE6eDlEA:10 a=jKaOv_wa61kA:10 a=ILCZio5HsAgA:10 a=3PPd]
X-AnalysisOut: [wILWq8crfr9-:21 a=YmwsB8doxXQVppH3:21]
Return-Path: klaughlin@njdhs.com
X-MS-Exchange-Organization-AuthSource: XCOPP.coppell.city
X-MS-Exchange-Organization-AuthAs: Anonymous