Jim Pierce From: Sent: To: Cc: Subject: Clarence West [cawest@cawestlaw.com] Thursday, February 26,2004 8:10 PM Bruce Grantham; Steve Chutchian; Clarence West; Mike Murphy; Luke Jalbert; Jim Pierce; Angela Washington Jenny Nicewander; Jerry Holder; Katura Curry Re: Arapaho Road 3 -Franchise Utility Relocation Reimbursement Status Bruce, You are generally correct. If the utility is in a dedicated utility easement, not a private one, or in an alleyway or other publicly dedicated property, then they may have to move at the utility's cost. It is only when they are in a private easement that the franchise would not apply. As to telephone and electric, if it is not a widening and/or straigtening of a road, they will challege having to move at their cost. ----Bruce Grantham wrote: > I spoke with Angela today at Luke's request regarding the status of the > above referenced project. > For clarification purposes, here is my understanding of where this matter > stands: >>-Clarence recently informed the Town that their franchise agreements can > only be used to require the affected utility companies to relocate their > facilities at no expense to the Town where they fall within an existing > right-of-way. (e.g. Midway Road) . > -Within the limits of the new right-of-way acquired by the Town for Arapaho > Road 3, the Town will need to reimburse the franchise companies for their > relocation expenses. > -The franchise companies are currently working on their relocation costs, > except for SBC who has already furnished a cost to the Town. > -We were unable to find existing easements for all the affected franchise > utilities in the title documents furnished to our office by Angela for the > Arapaho 3 right-of-way acquisitions. > -However, given the information provided by Clarence, there does not appear > to be a compelling reason to request that the franchise companies furnish us > with copies of their easements, which would be our only other source of > these documents. >> Please let me know if my understanding of the status of this matter is > incorrect. >>Thanks, Bruce >>> Clarence A. West 1201 Rio Grande Street, Suite 200 Austin, Texas 78701 512-499-8838 fax: 512-322-8884 1