Switching Sta-CS 890328 (2)CANTEY & HANGER ATTORNEY AT LAW
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$. O. JOHNDRO£ III - MI?MCI L~NI:
VIA T~.n~.COPY
]~'. Kyle Ray
Manager
Real Estate and a£ght-of-Way
Texas Power & Light
Post Office Box 660268
Dallas, Texas ?5266-0268
Dear Mr. Ray:
REs Easements to City of Coppell for Widening
_ of Coppe11Ro~d and Thweatt Road
You have requested my thoughts on whether easements or
deeds by dedication should be granted by TUElectric and Brazos
~lectrlc to the City of Coppell for the widening of Coppell Road
and Thweatt Road. In my opinion it would be best for TUElectric
and grazos Electric to grant easements as opposed to the
dedication by deeds of their property for the followln~ reasons:
1. The property ks subject to a first and prior
right of purchase in favor of William F.
Calls]o, Trustee, as set our in the Deed dated
October 28, 1986, recorded in Volume 86214,
Page 2064, Deed Records of Dallas County,
Texas, and Mr. Calle~o's reservation of this
right in that Deed would apply to a 'dis~osi-
rich" of this proper~y by a deed;
2. I have conferred with Mr. CalleJo on this issue
and he indicated that he would not have any
problem with the granting of easements by
TUElectric and Brazos ~lectric to the City of
Coppell, because, in Mr. CalleJo's mind, the
granting of an easement was not the type of
"disposition" Of this property which would
trigger the first and prior right of purchase
in his favor as set out in the Deed referred to
shovel
Page Two
3. Because of the provision in the October 28,
1986 Deed from Mr. CalleJo to TUElec=ric, I
belleve it necessary for TUElectric and Brazos
Electric to retain a righ= of reversion in the
even~ this s=reet is ever abandoned or not
constructed. Such a right of reversion makes
more sense in regard to an easemen~ as opposed
to granting property by deed, which implies
complete disposition of ~he proper=y~ and
4. Because o~ =he nature of the facility which
~ELectric and Brazos Electric will build or
have buil~ at =his in~ersec~ion, I Chink
necessa~ and desirable for both utili=ies
rese~e a n~er of rights in =he proper~y =hey
are granting by eas~en= to ~he Ci=y o~ Coppell
which ordinarily would no~ be found
~e~i~ted in deeds, whether by dedication or
o~herwise. For e~ample, i~ Is obviously
impor~an= for both utilities ~o have access to
their ad]acen~ proper=y a~ this intersection in
order to main=sin, opera,e, and service ~he
swi~ching s~ation and subs=a~ion which will
help to provide necessa~ electric se~ice to
~he co~unity~ and the= can be more easily
accomplished by granting an easemen~ which
pe~its certain uses ~o ~he City, bu= re, sins a
n~er of rights in ~he utilities wl~h
~o the proper~y granted.
These are ~ong the reasons which I believe suppo~ our
position that easements should be granted ~he City of Cop~ell for
the widening of the s~reets as opposed =o deeds by dedication.
If I can be of any further assis=ance on ~his
please do no~ hesitate ~o call me.
Ve~ ~ruly ~urs,