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RE Fwd Landscape ROW License Agreement (5)Based on my review of the plat, I am good with leaving the landscaped area located in the easement the connects Houston and Burnet in the license. As that easement is going to be a public access and utility easement, the city would need to grant a license for entry for another purpose anyway. The license is going to be recorded, so at the time of the sale of the property, the city will reserve and make the property subject to the license, just as it would if selling the property subject to an existing lease. The license is assignable to the POA that is identified in the DCCR's that will attach to the property which have been approved as part of the development agreement with the buyer-to-be. I think the agreement pretty much covers all of the issues that need to be covered and, because of the level of detail regarding who is responsible for maintenance and relocation costs, protects the city far more than a mere plat note. Unless someone has any objections, I am going to proceed with sending the draft of the license to Jeff Fink for review. 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: Thursday, May 10, 2012 9:49 PM To: Kevin Laughlin Cc: Mindi Hurley Subject: Re: Fwd: Landscape ROW License Agreement Here's a link to the plat in the Council Packet. http://coppell.legistar.com/View.ashx?M=F&ID=1923273&GUID=F3998239-DAF7-4DD9-A1D9-045C02AA87E0 Keith -----Original Message----- From: Kevin Laughlin <klaughlin@njdhs.com> To: Keith Marvin <KMARVIN@coppelltx.gov> Cc: Mindi Hurley <MHURLEY@coppelltx.gov> Sent: 5/10/2012 8:36:21 AM Subject: RE: Fwd: Landscape ROW License Agreement Please send me a copy of the replat of the area so I can review the plat notes regarding the easement. Because the City presently owns the property, if this landscaping area is needing to be established now, then we still need to be granting a license for the use of the area. If the easement is a public easement, we may need to grant a license for purpose of establishing the City's primary rights regarding relocation. If neither of these situations exist, then I may end up agreeing with you. Since I am handling the documents relating to the sales of the property, I can address the retention of the City's rights in the documents relating to the sale, especially since the party to whom the license is being granted is the buyer of the land. 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: Thursday, May 10, 2012 6:25 AM To: Kevin Laughlin Cc: Mindi Hurley Subject: Re: Fwd: Landscape ROW License Agreement Kevin, On the plat that was approved by City Council on Tuesday night this area is an easement across Lot 4R, Block C. You are correct that we currently own this property. My concern is that when we sell it we may no longer have the authority to grant the POA rights within the area. Unlike ROW, which we will always control, this area will one day belong to an individual business owner. We will have the right to construct and maintain a sidewalk and our utilities because of the easement, but I question whether we would have the right to do what we're licensing someone else to do. I think it would be easier to simply show this as an area of POA maintenance on the plat. Keith -----Original Message----- From: Kevin Laughlin <klaughlin@njdhs.com> To: Keith Marvin <KMARVIN@coppelltx.gov> Cc: Mindi Hurley <MHURLEY@coppelltx.gov> Sent: 5/9/2012 1:39:44 PM Subject: RE: Fwd: Landscape ROW License Agreement Keith: Are you sure B-2 is within the platted lot? I had to look at the plat to see what was happening because I had the same question. I thought it was within the drainage utility/access easement which is part of and/or adjacent to Lot 1, Block C, which the City presently owns. The City certainly can grant a license agreement on its own property. I agree that if the area is in fact within the platted lot of a third party, we have no right to grant it. It may be the sketch for B-2 is not sufficiently detailed and needs to be modified. If so, we can get the developer to fix the exhibit. Please look at it again in light of my comments and see if you agree. 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. From: Keith Marvin [mailto:kmarvin@coppelltx.gov] Sent: Wednesday, May 09, 2012 1:12 PM To: Mindi Hurley; Kevin Laughlin Subject: Re: Fwd: Landscape ROW License Agreement I have reviewed the draft license agreement for the Old Town project. The only issue I have a concern with is the area "B-2". This area lies within a platted lot, and will not be controlled by the city. My question is, do we really have the authority to grant a third party rights and responsibilities within this area? I imagine the attorney representing the Main Street Coppell, Ltd. group will have some comments on this. We stand ready to take it forward for Council approval at the appropriate time. Thanks, Keith Keith Marvin, P.E. Project Engineer (972) 304-3681 >>> Mindi Hurley 5/8/2012 12:48 PM >>> Mindi Hurley Economic Development Coordinator City of Coppell 255 Parkway Blvd. Coppell, TX 75019 (972) 304-3677 (972) 304-3673 (fax) mhurley@coppelltx.gov<mailto:mhurley@coppelltx.gov> www.coppelltx.gov<http://www.coppelltx.gov/> >>> Kevin Laughlin <klaughlin@njdhs.com> 5/8/2012 12:20 PM >>> Mindi: Attached is the initial draft of the proposed ROW license agreement for the landscape maintenance areas in Old Town Coppell. Please circulate to interested city staff for comments and requested changes. I would like to get a draft to Jeff Fink within the next day or so in order to give time to exchange changes and get a final document for the 5/22 council meeting. If you have any questions, let me know. 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. e send me a copy of the replat of the area so I can review the plat notes regarding the easement. Because the City presently owns the property, if this landscaping area is needing to be established now, then we still need to be granting a license for the use of the area. If the easement is a public easement, we may need to grant a license for purpose of establishing the City's primary rights regarding relocation. If neither of these situations exist, then I may end up agreeing with you. Since I am handling the documents relating to the sales of the property, I can address the retention of the City's rights in the documents relating to the sale, especially since the party to whom the license is being granted is the buyer of the land. 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: Thursday, May 10, 2012 6:25 AM To: Kevin Laughlin Cc: Mindi Hurley Subject: Re: Fwd: Landscape ROW License Agreement Kevin, On the plat that was approved by City Council on Tuesday night this area is an easement across Lot 4R, Block C. You are correct that we currently own this property. My concern is that when we sell it we may no longer have the authority to grant the POA rights within the area. Unlike ROW, which we will always control, this area will one day belong to an individual business owner. We will have the right to construct and maintain a sidewalk and our utilities because of the easement, but I question whether we would have the right to do what we're licensing someone else to do. I think it would be easier to simply show this as an area of POA maintenance on the plat. Keith -----Original Message----- From: Kevin Laughlin <klaughlin@njdhs.com> To: Keith Marvin <KMARVIN@coppelltx.gov> Cc: Mindi Hurley <MHURLEY@coppelltx.gov> Sent: 5/9/2012 1:39:44 PM Subject: RE: Fwd: Landscape ROW License Agreement Keith: Are you sure B-2 is within the platted lot? I had to look at the plat to see what was happening because I had the same question. I thought it was within the drainage utility/access easement which is part of and/or adjacent to Lot 1, Block C, which the City presently owns. The City certainly can grant a license agreement on its own property. I agree that if the area is in fact within the platted lot of a third party, we have no right to grant it. It may be the sketch for B-2 is not sufficiently detailed and needs to be modified. If so, we can get the developer to fix the exhibit. Please look at it again in light of my comments and see if you agree. 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. From: Keith Marvin [mailto:kmarvin@coppelltx.gov] Sent: Wednesday, May 09, 2012 1:12 PM To: Mindi Hurley; Kevin Laughlin Subject: Re: Fwd: Landscape ROW License Agreement I have reviewed the draft license agreement for the Old Town project. The only issue I have a concern with is the area "B-2". This area lies within a platted lot, and will not be controlled by the city. My question is, do we really have the authority to grant a third party rights and responsibilities within this area? I imagine the attorney representing the Main Street Coppell, Ltd. group will have some comments on this. We stand ready to take it forward for Council approval at the appropriate time. Thanks, Keith Keith Marvin, P.E. Project Engineer (972) 304-3681 >>> Mindi Hurley 5/8/2012 12:48 PM >>> Mindi Hurley Economic Development Coordinator City of Coppell 255 Parkway Blvd. Coppell, TX 75019 (972) 304-3677 (972) 304-3673 (fax) mhurley@coppelltx.gov<mailto:mhurley@coppelltx.gov> www.coppelltx.gov<http://www.coppelltx.gov/> >>> Kevin Laughlin <klaughlin@njdhs.com> 5/8/2012 12:20 PM >>> Mindi: Attached is the initial draft of the proposed ROW license agreement for the landscape maintenance areas in Old Town Coppell. Please circulate to interested city staff for comments and requested changes. I would like to get a draft to Jeff Fink within the next day or so in order to give time to exchange changes and get a final document for the 5/22 council meeting. If you have any questions, let me know. 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.