Clay Barnett, P.E.
Town Engineer
Town of Addison
16801 Westgrove Drive
Addison, TX 75001-2818
Office: (972) 450-2857
From: Ext_mail John Hill
Sent: Monday, April 25, 2011 12:59 PM
To: Lea Dunn; Tom Forrest; Clay Barnett
Cc: Carmen Moran
Subject: FW:
Fyi.
From: Hill, John
Sent: Monday, April 25, 2011 12:58 PM
To: 'jculin@synergy-enterprises.net'
Cc: 'Matthew Sanderson'; 'Carmen Moran'
Subject:
Mr. Culin, several days ago you sent to Carmen Moran (1) a signed Temporary Construction Easement (see first attachment), and (2) a partially signed (and not-fully-complete) Easement
Agreement for Reciprocal Access. The Easement Agreement for Reciprocal Access is solely between Lemmons and UDR.
Regarding the Temporary Construction Easement, the exhibit in the document that you sent to Carmen a few days ago that shows the temporary construction easement area is not correct.
The exhibit attached to what you sent shows a temporary construction easement area with a total of 15,249 square feet; the correct exhibit (see second attachment) should include an
area with a total of 12,834 square feet. Also, the date of the acknowledgment of Laurie Pool, Benchmark Bank’s representative, is 2010 and should have been 2011.
If it’s acceptable to you and the Bank, we will simply substitute the correct Exhibit (the second attachment) to the Temporary Construction Easement, and change the date of the Bank’s
acknowledgment from 2010 to 2011. Please let me know if that will be acceptable.
As you know, Lemmons was also to convey to the Town a permanent easement (Easement for Sidewalk and Utilities). Your office had sent a copy of the permanent easement to Carmen last
November (see third attachment), but that copy had not been consented to by the bank (Benchmark Bank) and didn’t include the exhibit. Attached (last attachment) is another copy of the
permanent easement, including the exhibit, to be executed by Lemmons and by the Bank. I’ve taken the liberty of dating the easement as of November 9, 2010 (the same date as the date
of the easement sent last November), have changed the dates of acknowledgment from 201 to 2011, and have added in information about Benchmark Bank that is consistent with the information
about the Bank included in the Temporary Construction Easement. If this is acceptable, we would appreciate it if a representative of Lemmons and the Bank could execute the permanent
easement and, once signed, return the original to Carmen.
To sum up, we are asking that:
· the correct exhibit for the Temporary Construction Easement be substituted (and we can do that with your permission);
· the date for the Bank’s acknowledgment in the Temporary Construction easement be changed to 2011 from 2010 (and we can do that with your and the Bank’s permission);
· the permanent Easement (Easement for Sidewalk and Utilities, attached as the 4th attachment to this e-mail) be signed by an authorized representative of Lemmons (and that
the signature be acknowledged), and that the consent to the permanent easement be signed by an authorized representative of the Bank (and that the signature be acknowledged). The original
can then be forwarded to Carmen Moran at: Town of Addison, 16801 Westgrove Drive, Addison, Texas 75001. Once received, we will have it recorded.
I apologize for any confusion. It may help to discuss this, or we could come by your office to deliver the documents and discuss it with you.
Thanks.
John
________________________
COWLES & THOMPSON
901 Main St., Suite 3900, Dallas, TX 75202
214.672.2170 (t) | jhill@cowlesthompson.com
214.672.2370 (f) | www.cowlesthompson.com