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Clay, I received a short time ago this morning a revised form of the easement from the attorney for Southwestern Bell.  The e-mail from the attorney is the first attachment.  A DeltaView
copy showing the changes made to the easement (that we sent to them on Tuesday) is the second attachment.  Please review and provide any comments you may have.  I have not yet sent a
response back to the SWB attorney.
 
A couple of notes:
 
1.      In the second paragraph on page 2 of the DeltaView comparison, SWB wants to add the highlighted language:
 
Subject to the terms and conditions of this Private Easement, the grant of the Easement includes the (i) the right of ingress and egress to and from the Easement by reasonable routes
across the property of Grantor immediately contiguous to the Underground Easement Property and the Above Ground Easement Property (collectively, the “Property”) as determined by Grantor
from time to time (but Grantee must promptly restore such property of Grantor to its previous condition if damaged, modified, or changed by such use), (ii) the right to construct, operate
and maintain, or license others to do so, underground service lines for electric power, and (2) the right to clear and trim trees, overhanging branches, roots, brush and other obstructions
in the Property to the extent the same interfere with the purpose for which the Easement is granted.  Grantee shall repair and replace at Grantee’s expense, all paving, curbing, fencing,
walls, shrubbery, trees, landscaping, and other improvements located on the Property and any property adjacent thereto to the extent that any of the same is damaged by Grantee’s use
and enjoyment of the Property.
 
The comment from SWB was that they “will need to power the equipment.”  Are you ok with that change?
 
2.      Beginning on page 4 of the DeltaView comparison, there are two paragraphs that have been deleted.  The first paragraph deleted reserved to the City the right to construct, etc.
roads, landscaping, and other improvements, and other utilities (gas, etc.), as long as those did not impair or interfere with SWB’s use of the easement.  The second paragraph deleted
required that the City could require SWB to relocate its facilities if the property was needed by the City for water lines, etc.  I believe these paragraphs are important to try to retain;
they were included in an easement given to SWB at the Airport in 2008.  Are you ok with the deletion?
 
The third attachment is a "clean" copy of the easement sent this morning by SWB, but with some revisions; the fourth attachment is a red-lined copy showing the revisions made.  The revisions
accept the two items described above (e.g., the right of the City to require that SWB relocate its facilities is not included).  Sue Ellen needs a document to include in the packet,
and in the interest of time what I'm going to send to her is this "clean" copy.
 
John