ST9301-ES030213 MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
Date:
RE:
Bob Hagar, City Attorney
Ken Griffin, P.E., Director of Engineering/Public Works ~
February 13, 2003
Sandy Lake Road Project ST 93-01 (MacArthur BIvd to east city limits)
Parcels 16 and 16DE
Since mid-2001, I have been dealing with the Engineering Department of the City of Carrollton trying to
obtain right-of-way and drainage easements for the widening of Sandy Lake Road. I have been dealing with
Mark Witte in the Engineering Department. After much discussion, Mr. Witte returned revised easements to
my office in September 2002. The revisions seemed to be confusing in that on the permanent right-of-way
language the Carrollton attorney has inserted language stating that "the grantors rights in said property are
paramount". My confusion is that once the right-of-way is dedicated to the City of Coppell, Carrollton would
no longer have any rights on the properly. So therefore, their rights would not be paramount to the City of
Coppell's rights.
The change they made on the drainage easement was the deletion of the section which basically protects the
City of Coppell from any improvements going over the top of the drainage easement. Carrollton's attorney
has struck the language that says "for purposes which will not interfere with Grantee's rights hereby granted
and agreed that upon completion of the underground facility and restoration of the area, Grantee shall not be
obligated for future maintenance and upkeep of the surface area". The language now reads "that Grantor
reserves the right to use and maintain the surface of the drainage easement its rights being paramount".
While they can retain and use the surface area of the drainage easement, its rights are not paramount to the
easement itself in regards to any future improvements.
Also, with the striking of the language, it does appear that the City of Coppell could be potentially responsible
for any futu re maintenance of the drainage easement, even though it is an easement across private property.
I asked Mr. Witte to have Clayton Hutchinson, attorney for the City of Carrollton, to give me a call. When I
received no telephone call, I again contacted Mr. Witte and asked for Mr. Hutchinson's telephone number. I
then called Mr. Hutchinson and left a long message in mid-December concerning this easement. Mr.
Hutchinson has not returned my telephone call. At this point, it is obvious that I am having difficulty dealing
with the City of Carrolton to acquire an easement.
With this memo, I am requesting that you contact the Carrollton attorney to try to determine some common
ground for the language within the boilerplates so that the easements can be obtained by the City of Coppell.
I am attaching the revised easements, as revised by the City of Carrollton. If you need any additional
information please feel free to contact me. If not, I will let you deal directly with Carrollton and the language
of the boilerplate.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"