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Enron Mail |
PRIVILEGED ATTORNEY-CLIENT COMMUNICATION
Steve, Karl and Tom I met with Karl this morning. My suggestion is that, from this point forward, all communications with the trailer park should be coordinated with the legal department and all of our communications internally should be prefaced with "Attorney-Client Privileged Communication". Any correspondence or information that I request from you or that you send me should be prefaced as "Attorney-Client Privileged". Karl is to duplicate his file for me and to document dates on which conversations or meetings have taken place thus far. I will draft a letter for Steve's signature to be sent to the owners of the trailer park and their attorney demanding that they immediately remove the two trailers that are sitting within 6' and 1' of the pipe centerline AND the two trailers that are within 16' of the pipe centerline. In my opinion, you should strictly construe the terms of the right of way agreement which is of public record that states that the grantor shall not permit ANY housing or other structure to be within the right of way. I also will advise them that the trees in the right of way are going to be removed. I will endeavor to visit with Bud Wolcott and the Lumberton team regarding this matter. Richard I am sending this to you as a "heads up" of possible litigation arising out of our demand for these trailer homes to be moved off of HPL's easement. We have a 50' recorded easement prohibiting structures from being on or within the right of way. The engineer that designed the trailer park wrongly assumed it was only 30' wide. Four trailers are within the easement. Large pine trees are in the easement area and literally on top of the pipeline. Obviously, it will be HPL's nickel to cut down the trees but I anticipate there may be a dispute as to who pays for the trailers to be moved out of the easement area. They have retained an attorney; however, he has, thus far, not disputed HPL's right to prohibit structures within 25' of the pipe centerline. Let me know if you need more details. I'll keep you advised. Steve HPL Schneider 11/07/2000 08:30 AM To: Ann Elizabeth White/HOU/ECT@ECT cc: Tom Shelton/HOU/ECT@ECT Subject: Pinewood Manor PROTECTED - ATTORNEY/CLIENT PRIVILEDGE Karl will be coming to you to discuss the issues below. We have several mobile homes that have been positioned and placed within our pipeline easement, one approximating a foot off the pipeline. There are a couple that I think we should absolutely mandate to be moved. For the remainder, I would like to mandate and require in writing the Park management to notify in writing those that remain encroached on the easement of the inherit dangers of a natural gas pipeline and their proximity to such. Obviously, I am not trying to create a scare, as a scare is not warranted based on any known facts on this pipeline. But I would believe that our liability may be expanded if we were not proactive and did not require the Park management to notify the clients that are encroaching of the circumstances upon which they exist. Each person would therefore be informed about the circumstances surrounding them and would have made a conscientious decision to remain in spite of such circumstances. Your thoughts on this please. ---------------------- Forwarded by Steve HPL Schneider/HOU/ECT on 11/07/2000 08:14 AM --------------------------- Enron North America Corp. From: Tom Shelton 10/22/2000 10:47 AM To: Karl E Atkins/NA/Enron@ENRON cc: Steve HPL Schneider/HOU/ECT@ECT, Calvin Dodd/GCO/Enron@Enron Subject: Pinewood Manor I don't know what the current status of the Pinewood Manor matter is, but Steve Schneider and I talked about it a little on Friday. We think that if we are going to allow some minor encroachment (a very few mobile homes/trailers, not too close to the pipeline) onto HPL's 50-foot easement, then at a minimum we should get an encroachment agreement which includes: acknowledgement that HPL is not responsible for any damages resulting from the encroachments agreement that Pinewood Manor will be responsible for any incremental costs if the encroachments interfere with our operation, maintenance, etc., and will remove any encroachments as required by HPL in order for HPL to conduct its operations as it deems appropriate a commitment from the owners of Pinewood Manor that they will notify (in a document that HPL will provide) all present and future tenants about the pipeline Please let us know of any developments regarding this matter.
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