Hollows/FP-CS 990209FE~
09
11:28 FR NICHOLS JCKSON DLLRD 214 965 (~10 TO 9?230435?0
NICHOLS, JACKSON. DILLARD, I-IAGER & SMITH, L.LP.
Attorneys & Counselors at Law
! 800 Lincoln Plaza
500 No~'*.h ..&karo
D~ll~s. Texas 75201
(214) 965-9900
Fax (2la) 965.0010
g--mail NYDH$
Februa~ 9, 1999
VIA FACSI1Vm.E 972/304-3570
Kent Collins, E.I.T.
' G raduato Engineer
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
P.O2/OJ
H, t0*Jla NlCl401~
I¢,W88NCE W. ~
RE: The Hollows of NortMal~. Woodlands Addition; TU Electric Easements
Dear Kent:
Pursuant to your request, the undersigned reviewed the proposed instrument entitled
Encroachment on Easement provided to NLW Development Group c/o Mr. Steve Parsons
regarding the construction of Sora Drive, Crest View Drive and an emergency apparatus access
road within a Texas Utilities Electric Company easement.
The City may not construct or accept aatter completion, & public street or alley including an
emergency apparatus access road ('ff the emergency apparatus road is to be a public road) units
tho City owns the underlying fee simple property on which the road is constructed or has received
by plat or separate instrument a dedication or easement for such right-of-way. If TU Electric
Company is the underlyin8 fee owner or holds easement rights to such property, the City should
receive a fight-of-way dedication or a license or easement which permits the City to construct,
maintain and use the property for street and fight-of-way purposes. If an easement or license is
8ranted, the City's right to use such property for street and right-of-way purposes should not
terminate unless the City abandons such use.
The encroachment on easement reflected by the Letter Agreement dated January 6, 1999
is not strictly in the form of a recordable Ucense or easement. The instrument appears to be a
letter agreement permitting an encroachment on the TU Electric Companie~ easement and not a
license or easement for the construction, maintenance and use of thc property for street and right-
of-way purposes. There is no lesal description for thc ares in which thc roads are permitted to be
11:29 FR NICHOLS JCKSON DLLRD i~14 965 0010 TO D'F,~J~O~r~
Kent Collins, E.I.T.
2/9/99
Page -2-
constructed. Moreover, Paragraph 1 of the Letter Agreement acknowledges that TU Electric
only holds easement fights and that the user 0e. City of CopPeli) is required to obtain whatever
fights and permissions other than TU Electric's that are necessary. Therefore, the City needs to
confirm that the ea.sement which TU Electric holds in such property allows TU Ele~-tric to grant a
license or easement to the City for street and fight-of-way purposes.
W~ile the other terms and conditions of the Letter Agreement for encroachment on
easement are generally acceptable, we do not recommend the City construct a public street or,
road on the basis of the Letter Agreement for Encroachment on Easement or ac~,ept any street or
road constructed by the developer pursuant to the same. This is true for the emergency apparatus
road i~the same is to be accepted ~s a public road a_e. er its completion.
In an effort to expedite this matter, we are providing a copy of our letter to Jeff Hustead,
Senior Right-of-Way Agent at TU Electric and to Steve Parsons. Upon your remm to the office,
please contact me in order that we may discuss this in more detail.
Thank you for your attention to this matter.
Very truly yours,
NICHOLS, JACKSON, DR,LARD,
HAGER & SMITH, L.L.P.
PGS/ttl
JeffHustead
Senior Right-of-Way Agent
TU Electric Company
Energy Plaza
1601 Bryan Street
Dallas, Texas 75201-3411
Steve Parsons
NLW Development Group
6309 Clear Ridge
Dallas, Texas 75248
NICHOLS, JACKSON, DILLARD, HAGF, R & SMITH, L.L.P.
TOTAL PAGE.03 **