John, I do not see any problems with that language. Thanks, Clay Barnett, P.E. Town Engineer Town of Addison 16801 Westgrove Drive Addison, TX 75001-2818 Office: (972) 450-2857 P Please consider the environment before printing this email. -----Original Message----- From: Ext_mail John Hill Sent: Tuesday, October 20, 2009 12:34 PM To: Clay Barnett Cc: Nancy Cline Subject: AT&T Easement ***************************************************************************** IMPORTANT/CONFIDENTIAL: This message contains information from the law firm of Cowles & Thompson, P.C. which may be privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee, or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately at our telephone number (214) 672-2000 ****************************************************************************** Clay, in connection with the proposed AT&T easement for the Vitruvian site, AT&T has requested that the easement include language that will allow AT&T the “right to drain or sheet flow storm water runoff from the Easement onto the Property and/or into existing and future storm water collection and drainage facilities located within the Property.” The “Property” is defined a only the 5 foot subsurface easement and the 10’ X 20’ above ground easement (see attached diagram). Is that language acceptable? If so, it seems that it should state something to the effect that “as long as such drainage or sheet flow is in compliance with all laws, ordinances, codes, rules and regulations of the Town of Addison, Texas and any other governmental entity, agency or authority having jurisdiction, with such use and compliance to be the sole responsibility of Grantee and at Grantee’s sole cost and expense.” Thanks. John