Sale of Lot 1R Blk B Old TownJeff:
Attached are drafts of the deeds relating to the sale of Lot 1R, Block
B. I wanted to get these out early since this sale involves the
reservation of the five foot utility easement which has been discussed
previously. The reservation language in the deed from the City to CEDF
is substantially the same I sent you previously (I cleaned up the first
sentence a bit and added a reference to Exhibit B, which is the survey
plat of the easement). Per direction from City staff, we have not
included the restoration language you previously requested. In asking
Keith Marvin about the restoration language, he responded as follows:
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
Greg was copied on the above reply (though you were not). We have not
heard anything since, so I do not know if this means the language as we
last proposed was acceptable in light of city practice, or if everyone
simply moved on to other things intending to pick this issue up later.
In any case, based on city practices and ordinances, the city staff
would prefer not to add any restoration requirement in the easement
reservation. I also know we have not received a title commitment on this
yet, so the deeds are, of course, subject to additional change pending
receipt of the title commitment.
Please review and comment.
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 <mailto: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.