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St Joseph-CS010521May 21, 2001 Mr. Kenneth M. Griffin, P.E. City Engineer City of Coppell 255 Parkway Boulevard Coppell, TX 75019 RE: Proposed Relocation of Existing City of Coppell Sanitary Sewer Force Main onto Property Owned by St. Joseph Village, Inc. ("SJV") Dear Mr: Griffin; We have been made aware that the City of Coppell (City) is considering, among other options, construction of a new sanitary sewer force main to replace an existing, smaller force main currently in an easement adjacent to the west line of SJV property. We further understand that for ease of construction and future maintenance, and the elimination of disruption to improvements presently existing in the current easement, the City may prefer to construct the proposed force main in a new easement to be dedicated by SJV inside and along its west line. SJV is agreeable to the construction of the proposed force main, and dedication of the necessary easement. By this letter, and in consideration of certain requests made below, SJV agrees to grant the City free and uninterrupted use and privilege of passage in, along, upon and across the proposed easement (the specific dimensions to be fixed at platting) for the purpose of constructing and maintaining the proposed force main with the right and privilege at all times of the City, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and over the easement for the purpose of making additions to, improvements on and repairs to the force main or any part thereof. SJV understands that after construction of the force main or after any entry for repairs or maintenance, the City shall, except for removed obstructions, return the surface area of the easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. In addition, SJV understands that the City will recognize SJV's right to use and maintain the surface of the easement for purposes which will not interfere with the City's rights 180 Samuel Boulevard · Coppell, Texas 75019 · 972.304.0300 agreed to herein; and that SJV further agrees that upon completion of the force main and restoration of the surface, the City shall not be obligated for future maintenance and upkeep of the surface area. Finally, SJV understands that the City wishes the proposed easement to be an "exclusive" easement, unencumbered by other utilities, particularly private or franchise utilities. SJV expressly agrees that no private or franchise utilities will be constructed in the proposed easement. In agreeing to the easement provisions listed above, SJV respectfully requests that the City agree to cooperate with SJV to allow SJV to develop the proposed St. Joseph Village Project in substantial conformity with the site plan included with the recently approved zoning change for this property. More specifically SJV requests: 1. That the width of the force main easement be fixed so as to allow construction of storm sewer lines and either water lines or sanitary sewer lines (such selection to be made by the City) under the proposed perimeter fire lane along the West side of the SJV site. 2. That the City will allow waterlines, sanitary sewer lines, and storm sewer lines necessary to serve the SJV Project to cross the easement at locations determined by the City. 3. That the City will coordinate the design of the proposed force main with the design of improvements to serve the SJV Project prepared by SJV's Consultant; and 4. That the City will schedule construction of the proposed force main so as not to delay construction of the improvements to serve St. Joseph Village SJV realizes the importance of the proposed force main to the City and the citizens it serves. At the same, we respectfully submit that the requests presented above reflect prudence on our part to minimize any negative impact to our future project. Please advise us on the form of instrument you prefer to dedicate the proposed force main easement. We and our Consultant are available to meet with you and your staff at any time to review or discuss any relevant issues. If you have any questions, or need any additional information, please call Joe Dingman at 972-241-1272. truly yours, . (~ · Monsignor Kilian J. Broderick ~,~sident