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Keith Marvin - Counter Offer Mr. Mills
From: "Raymond Edmundson" <redmundson@tnp-online.com>
To: <kmarvin@ci.coppell.tx.us>
Date: 9/17/2009 1:31 PM
Subject: Counter Offer Mr. Mills
Attachments: Counter Offer 9-14-09.docx
Keith
When you look at the counter offer, I did make one mistake in the amount. Looking at the Dallas County Appraisal
sheet I took the unit price for the land and divided it by 43,560 to get the unit price per square foot of $8.03. I did
not look at the adjustment field of 40%. His real price should have been $11.25 per sq ft. That is what he came up
with. I sent him back an email apologizing for the mistake and that would be what we will offer him with an
amended offer.
I believe this will be our most difficult parcel. Let me know when you want to meet and discuss what the City is
willing to do on certain issues.
Everything else seems to be coming along. I am making follow up calls to everyone to see where they stand there
counter offers.
Raymond Edmundson
Right of Way Agent
Teague Nall and Perkins
Office 817-336-5773
Fax 817-336-2813
Direct 817-665-8207
Cell 817-229-4970
Email redmundson@tnp-online.com
file://C:\Documents and Settings\radloo\Local Settings\Temp\XPgrpwise\4AB23A3FCity_...3/15/2010
September 12, 2009
Raymond Edmundson
Right of Way Agent
Teague Nall and Perkins
12160 North Abrams Road, Suite 508
Dallas, Texas 75243
Re: Reconstruction of Sandy Lake Road- Parcel 3
Mr. Edmundson,
We acknowledge receipt of an offer of $18,135.00 for the 2257 square feet
outlined in your proposal and vehemently reject this so called “good faith
offer”.
FACT 1: Your offer of $18,135.00 is based on $8.0349 per square foot x
2257 square feet.
FACT 2: According to the Dallas Central Appraisal District our Notice of
Residential Appraised Value for Year 2009 listed our land value as
$169,050 and the home at $104,340 for a total of $273,390.
FACT 3: According to the City of Coppell we were taxed on these amounts
after our tax exemptions.
FACT 4: An acre equates to 43,560 total square feet.
FACT 5: The square feet in question are part of my overall .3450 acre
which equates to approximately 15,027.2 total square feet.
FACT 6: These 15,027.2 square feet, valued and taxed as $169,050, is
therefore valued at $11.25 per square foot.
FACT 7: At $11.25 per square foot x 2257 square feet is = $25,390.25, not
$18,135.00.
FACT 8: According to the so-called Texas Landowners Bill of Rights it
states that I am “entitled to receive adequate compensation” and “the entity
proposing to take the property must make a good faith offer”.
FACT 9: I pay taxes based on $11.25 per square foot and the City now
wants it for public use and proposes to me, in a “good faith offer”, $8.0349
per square foot as “adequate compensation”.
FACT 10: In the proposal binder in Section 5 “Texas Landowners Bill of
Rights” it makes ten (10) statements and in those statements the words
“take, taken, taking” are collectively used nine (9) times.
FACT 11: You have tagged up to eleven trees in my 2257 square feet that
could be destroyed.
FACT 12: A “Replacement Cost Report” was made on 9-2-09 by a Certified
Arborist using an estimating program designed by a company who states
they are “the nation’s leading provider of standardized replacement cost of
trees and shrubs”.
FACT 13: This “Replacement Cost Report” valued the eleven (11) trees at
$110,826.00 and listed the value for each tree individually.
FACT 14: On 8-21-09 I made an on-line request from ServiceMagic.com for
landscaper recommendations and called two (2). These two submitted
estimates of $14,654.84 and $26,857.00 to: re-design and re-route my
sprinkler system, install a double brick wall across my lot that matches the
surrounding and visible neighborhood brick walls, replace the destroyed
trees with twelve (12) 15-gallon crepe myrtles, replace the destroyed
boxwood shrubs with fifteen (15) 3-gallon boxwood shrubs and relocate my
existing mailbox.
FACT 15: The City wants approximately 21 feet of my approximate 48 foot
lot depth to widen the street, install sidewalks and eliminate the adjoining
drainage ditch.
FACT 16: That equates to over 43% of my total depth.
FACT 17: That means my family will be over 43% closer to the street.
FACT 18: That means my family will be over 43% closer to any vehicles
traveling the street.
FACT 19: That means my family and home will be over 43% likely to be
struck by any vehicles involved in an accident or the flying debris as a
result of that accident.
FACT 20: On the same day this letter was drafted a motorist left the
roadway, within my view, on West Sandy Lake Road and came to rest in
the adjoining ditch which in the future will be eliminated and replaced by a
sidewalk. This is the same sidewalk constructed on East Sandy Lake Road
that once failed to stop a vehicle out of control that plowed through a wood
fence and came to rest in the homeowner’s swimming pool.
FACT 21: That means my family will be subject to over 43% more road
noise.
FACT 22: I will lose 2/3 or 66.66% of my front concrete parking spaces.
FACT 23: These are the facts of my case and they are indisputable.
Now for some other facts that probably doesn’t matter to many. I moved to
Coppell in 1977 and have been a homeowner since that date. I have voted
for and supported every proposed tax increase to make Coppell a better
place to raise a family. Five of my six children have been schooled in
st
Coppell. With those children I was active in the 1 United Methodist Church
of Coppell, Coppell football-soccer- lacrosse-baseball-track and field-
taekwondo and in doing so served my time in the concession stands and
on the fields. I’ve tried to be a good neighbor to those that attempt home
remodeling jobs and in the process create an eye-sore that becomes the
laughing stock of the community. I’ve demonstrated patience as I watched
the numerous vehicles tear down my mailbox over and over again or watch
them being towed out of the drainage ditch or as I watch the rain water rise
to my front door due to poor drainage conditions. I’ve even allowed
Coppell’s finest to park in my driveway in an effort to stop speeders on
Sandy Lake Road. These situations were part of the City’s growing process
and I understand that, but I cannot understand how this City is willing to
“take” what is mine without being overly fair and beyond reproach.
Based on the above we hereby submit an amount of compensation as
outlined below.
2257 square feet of frontage - $ 25,390.25
Landscaping allowance - $ 20,755.92
Tree compensation - $110,826.00 maximum per Arborist values
Arborist estimate fee - $189.44
Any and all attorney’s fees associated with this case
All expenses eligible for reimbursement which may include recording
fees, transfer fees and similar expenses incidental to conveying the
real property to the city
All penalty costs for prepayment for any preexisting recorded
mortgage entered into in good faith encumbering the real property.
Respectfully submitted,
Bill E. Mills, Jr. Rebecca S. Mills
250 West Sandy Lake Road 250 West Sandy Lake Road
Coppell, Texas 75019 Coppell, Texas 75019