Riverchase(3)-CS 870529 SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
ALFRED SALLINOER Attorneys & Counselors at Law PRESTON CENTER OFFICE
.. LOO,S M,C,OLS 1800 Lincoln Plaza 8222 Douglu Ave. Suite 707
LAWREMCE W. JACKSON 500 N. Akard o~u~, Texas 75225
TIM KiRK Dallas, Texas 75201 1214) 692-1218
ROBERT L. DILLARD III
ROBERT D. HeMPHILL (214) 954-3333
ROBERT E. HAGER
PETER e. SMITH
ROYk .... BTROMB May 29, 1987
DAVID M. B[RMAN ROBERT L. DSLLARD JR
JOHN F. ROEHM iii OF COUNSEL
BRUCE A. BTOCKARD
PAM GANDAL EUDARIC
City Manager
City of CoppeU
P. O. Box 478
Coppell, Texas 75019
Attention: Mr. Steven M. Morton
Re: DP&L Easement for Riverehase Storm Drainage and
TP&L Easement for Riverehase Storm Drainage
Dear Mr. Ratliff:
This is in response to Action Request Form received by this office on May 27,
1987, asking us to review the above mentoned easements. The Dallas Power & Light
Company easement is in proper form for recording as an easement to the city. Pertinent
provisions of the easement include the following:
1. Limitation of the type of equipment which may be used in the easement
area.
2. Prior notification to grantor before commencing any work within the right-
of-way.
3. Provision which requires city to relocate channel if it interferes with the
grantor's use of the premises.
I
4. Provision that grantor will not be liable for any damage to the easement
caused by grantor.
5. Indemnity provision where city agrees to indemnify grantor for damages
resulting from city's installation, operation or maintenance of the channel.
I would approve acceptance of this easement even though the city will be
responsible for damage to the easement (the channel) which might be caused by the
grantor. In this case, the grantor is basically giving the city the right to use the area
and, therefore, can demand such a provision be in the easement.
The letter dated March 24, 1987, from Texas Power & Light Company is not in
proper form to be recorded as an easement. As written, it would constitute a license
to make use of a portion of their easement rights on the property involved. Condition
No. 4 notes that they hold only an easement right to the property, and therefore,
Mr. Alan D. Ratliff
Page 2
May 29, 1987
additional easements might be required from the property owner. In other words, their
easement may be only for electrical transmission purposes and would not include an
easement for drainage purposes. Otherwise, the conditions set out in the Texas Power
& Light Company letter are almost identical to the provisions in the Dallas Power &
Light Company easement mentioned above.
In this regard, the city should obtain clear easement rights for drainage purposes
from both utility companies in the form used in the Dallas Power & Light Company
easement and also drainage easements from the property owner if necessary.
Mr. Morton's Action Request Form included the original documents and, therefore,
they are being returned under cover of this letter.
If you or Mr. Morton have any questions in this regard, please give me a call.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
CL87-0529