Magnolia Park-CS 990129ROBERT L DILLARO III
ROBERT E. HAGER
PETER G. SMITH
DAVID M. BERMAN
BRUCE A. STOCKARD
Mr. Elvio Bmn~
Eastern Dev~pment
5225 Vil~e Creek Drive
Suite/400
P~o, Texas 75093
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallaq, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS @ NJDHS.com
January 29, 1999
P.
JOHN F. ROEHM III
JASON C. MARSHALL
J. DAVID DODD III
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
RE: Magnolia Park Subdivision
Dear Mr. Bruni:
On Thursday, January 27, 1999 we spoke to you concerning the po:
stone columns for an entryway to Magnolia Park. During our telephone
discussed the possibility of placing certain columns at or near the dedicated r
entry of Magnolia Park. At that time you indicated that you would discu
Martin, Assistant City Engineer. During the course of your discussion with
indicated to you that assuming that there was no other problem at a minimu
require a right-of-way use license agreement covering the placement of the s
near the City right-of-way. After talking with you, I then discussed this ma
City Engineer Mike Martin and City Planning Director, Gary Sieb. During
discussion, I discovered that the planned development zoning and filed
indicated that the entryway for Magnolia would be contained entirely withi~
planned development. ~It. appears_, that your proposal to locate par~ of such en
~. This location would require an amendment to the planned de¥
the developer in this case would be required to file an application for an
planned development and plat for Magnolia Park in order to accomplish s~
addition to zoning requirements, entry.way would be located in City right-of-v
~.W.P..g~l.g!~_be required.
By indicating to you the process which is outlined herein, we do not (
you that such amendments would be given a favorable consideration by the PI
~sibility of placing
conversation, we
ght-of-way for the
ss this with Mike
Mr. Martin, it was
m, the City would
:one columns at or
tter with Assistant
the course of our
dat in this matter
the bounds of the
t~way in the City
elopment. Hence,
~mendment to the
tch relocation. In
ray, use agreement
~pine or suggest to
ming and Zoning
SS23511
Mr. Elvio Bruni
1/29/99
Page -2-
Commission or the City Council. We merely indicate to you that such is the 'ocess that would
be required to seek to accomplish the goal which you have set forth.
Likewise, assuming that a favorable result regarding the amendme~ Is to the Planned
Development and/or plat are approved through the legislative process, we do not opine as to
whether or not the City would be agreeable to placing permanent structures in the City right-of-
way. As we previously indicated m you that we sent a use agreement at your request which has
been previously approved by the City for the purposes of form only and did tot and would not
suggest that such would be accepted by the City Council upon presentation.
If you have any questions concerning this matter, feel free to call us at our convenience.
Very truly yours,
NICHOLS, JACKSON, DILLARI),
HAGER & SMITH, L.L.P.
By:~
REH/cdb
cc: Mike Martin
Gary Sieb
Clay Phillips
SS23511