Legal opin re easements03-16-g3 03'37PM PROM NIOHOLS JAOKSON KIRK 'TO 93930948 P002/'005
DAVI~ M.
BRUCE
NICHOLS, JACKSON, KIRK & DILLARD, L.L.P.
A~;torney~ & Counselors at Law
1800 Lincoln Plaz~
500 No~-th Ak~rd
Dallas, Texas 75201
(214) 954-833S
Facsimile (214) 954-3834
JOHN r. ROEHN~ II;
¢:HRISTINA A. MELTON
March 16, 1993
AIbin A. Petter (fax no. 817/750-6290)
Brazes Electric Power Cooperative, Inc.
2404 LaSalle Avenue
PO Box 2585
Waco, Texas 76702-2585
Kirk A. King (fax no. 888-1304)
District Manager
Texas Utilities Electric Co.
14400 Josey Lane
Farmers Branch, Texas 75234
Re: City of Coppell Substation
Gentlemen:
On June 5, 1989, Mr. Alan D. Ratliff, City Manager for the City of Coppell,
corresponded with Mr. Tom Parsons, the then District Manager for TU Electric, to confirm
that TU Electric would be relieved of the paving assessment for the future expansion and
improvement of Thweatt and Coppell Road, contingent upon the: dedication to the City
of a 40 foot easement by Brazes Electric and TU out of the substation site along Thweatt
and Coppell Road; donation to the City by TU electric of right-of-way for the old Brazes
Power & Light easement which parallels Sandy Lake Road; and the relocation, at TU's
cost, of the old Brazes Power & Ught line at the time the City improves Sandy Lake Road.
Although you report that Brazes Electric and TU Erectric dedicated the 40 foot easement
as agreed upon, the other conditions were not incorporated into a written agreement and
there is continuing disagreement as to what the part[es intended. Even though the
request for zoning change has been approved, It is imperative that the remaining
obligations of the parties be incorporated into a written agreement.
We understand that the City Manager believes that in exchange for waiving the
paving assessment for the future expansion and improvement of Sandy Lake Road, TU
Electric would dedicate right-of-way for both Coppell and Sandy Lake Road, donate right-
of-way for the old Brazes Power & Light easement which parallels Sandy Lake Road, and
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03-i5-93 33:3~PM FROM N!0HOLS JAOKSON KIRK ?0 93930948 P003/005
Messrs. Petter and King
March 16, 1993
Page 2
that TU Electric would relocate that line at its own cost at the time the City expands and
improves Sandy Lake Road. Brazos Electric Power Cooperative, however, by way of
letter dated February 26, 1993 from Albin A. Petter, recites that Brazos Electric has
agreed to the paving assessment for 379.57 feet of substation site frontage along Thweatt
Road and 171.06 feet of substation site along Coppell Road. We also understand, by
way of letter dated March 2, 1993 from Kirk A. King, that TU Electric will relocate the
wood pole 69 kV electric transmission line presently in place along Sandy Lake Road, will
dedicate right-of-way easements presently owned by TU Electric for this wood pole line
in the City's proposed Improvements in the widening of Sandy Lake Road; and has
agreed to the paving assessment for the electrical substation site frontage road aiong~
Coppell Road, if the City will provide TU Electric sufficient right-of-way along Sandy Lake
Road to construct a double circuit 138 kV steel pole electric transmission line, preferably
in a center median configuration within the City's proposed improvement of Sandy Lake
Road.
Since there appears to be a great deal of confusion as to what the parties were
obligated to perform and what they are now witling to perform, we propose that
representatives of Brazos Electric and TU Electric, including their respective counsel, meet
or conference call with the tJndersigned and a representative of the City to prepare a
written agreement. We are available on March 17 or 18, 1993 at 1:00 p.m. If, however,
you believe that it would not be productive, or if you believe that the matter can be
resolved without such a meeting, we welcome your comments prior to such date. We
would like to at least tentatively reach an agreement with all parties, if not reach tentative
approval of a written agreement, regarding this matter prior to the next regularly
scheduled Cour~cll meeting on March 23, 1993.
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03-16~93 03:37PM PROM NICHOLS JACKSON KIRK ?O 93~30948 P004/005
Messrs. Petter and King
March 16, 1993
Page 3
Thank you for your attention to this matter. Your prompt response to this matter
is greatly appreciated.
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD
G. S~ith
PGS/mdm
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03-16.-93 03:3?PM FROM NICHOLS JACKSON KIRK TO 93930948 P005/005
Messrs. Petter and King
March 16, 1993
Page 4
CC:
Mr. Gary Sieb, A.I.C.P. (fax no. 393-0948)
Director of Planning & Community Services
Mr. Alan Ratliff (fax no. 393-0948)
City Manager
City of Coppell
P.O. Box 478
Coppell, Texas
75019
Phfllip R. Segrest (fax no. 817/751-0341)
Segrest & Segrest, P.C.
200 W. State Highway 6
Waco, Texas 76712
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