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ST9902-CS111220 (4) Halie Hernandez From:Keith Marvin Sent:Tuesday, December 20, 2011 1:35 PM To:Michael Garza Subject:Re: 101 Oak Trail How did it go out there? Is the work under way? -----Original Message----- From: Michael Garza To: Keith Marvin <KMARVIN@coppelltx.gov> Sent: 12/20/2011 10:04:16 AM Subject: Re: 101 Oak Trail I'm on my way to meet rick now but I think your response is accurate and not unreasonable -----Original Message----- From: Keith Marvin To: Michael Garza <MGARZA@coppelltx.gov> Sent: 12/20/2011 9:55:23 AM Subject: Re: 101 Oak Trail What do you think? Should I send it? -----Original Message----- From: Michael Garza To: Keith Marvin <KMARVIN@coppelltx.gov> Sent: 12/19/2011 5:53:45 PM Subject: Re: 101 Oak Trail I will take a look at it tomorrow and get back to you. -----Original Message----- From: Keith Marvin To: Michael Garza <MGARZA@coppelltx.gov> Sent: 12/19/2011 5:48:19 PM Subject: 101 Oak Trail Are you working this week? Can you look at this before I send it and tell me if i'm being unreasonable... If you are in town, can you get with Rick tomorrow and go look at this? Keith Ms. Lawson, 1 The city is under no obligation to build you a new fence. Our goal is to remove the portion of your fence that encroaches into the city owned right of way. I simply decided that it was not feasible to move the existing fence to your new property line due to its state of deterioration. If you would prefer us to move the existing fence, we will attempt to do that. My promise to you was simply that the fence would be as good or better than it is today, not as good or better than the day it was originally built. If you look at the settlement we agreed to when we acquired the land for the road widening, we compensated you more than $9,000 to build the fence of your choosing along the new property line. We simply can not fund the construction of the fence you want in addition to the compensation already given. Please consider the work we are performing temporary in nature until such time as you are able to build the fence you desire. As far as the layout goes, the fence is to be constructed on your side of the property line. It will not be built on city property. I have no need of any additional set-back, but it can not encroach the right of way we acquired. There are ample property corners marked, there is no need to re-survey the property. I am attaching the only copy of the survey i can access while on vacation, but there is no curvature to your property line. I will have one of our inspectors visit your property tomorrow and discuss the layout with the contractor. We will also reinforce that they are not authorized to access your property any more than is absolutely necessary to complete the work, that they are not to use your water, and that they must clean up after themselves. >>> Christina Lawson 12/19/11 1:35 PM >>> Hello Keith, Thank you for your email. You are right, but it was pressure treated, then stained.... or it would not have upheld against the rot caused by major flooding. Also, thank you for having the contractor remove the materials from my property originally placed, by the garage door. The contractor has hired a Latino by alpine with no supervision, with no licenses - Mr Peralta-Alpine treats him like a broker and not an Alpine W-2 ...who was told by alpine; 1. MATERIAL: wood can be low grade, not straight - I and my brother inspected the wood and was low grade, not pressure treated AS previous or would not have withstood the flooding, which is still current and throughout construction 2. the contractor laborer had no knowledge of the boundaries and did not know that the fene line curved....when asked to point out where, was off 3. the contractor laborer said he was to have access to the 101 property for materials, gates and "water" for the cement, etc. - "No Trespass" 4. no trespass or use of water, i have had a water truck twice which was a contractor for the city I have paid for....the contractor by how and where he placed the materials is sloppy at best and has no respect for private property. 5.Alpine or City needs to have surveyor-we agreed to have the fence on the easement...the Latino gentlemen was told by Alpine two feet into the property, "does not have to be exact". My fence permit and agreement was the fence can be placed on the easement line. 6. I cleaned up the "trash" left by the Alpine contractor...and by the other contractors permitted to access the property, who should have stayed on the easement and cleaned up their trash. Keith, much like the city contractor cutting trees trespassed, did not do as they said they would and damaged property; We now have another city contractor, which if this were an important project, would have oversight by the city, survey flags, material inspection, etc, would it not? _______________________/ 2 My surveyor cannot come out until after Christmas to put up flags and this cannot be a guess by a Latino subcontractor who has no licenses, bond or permits and is NOT an employee of Alpine, but puts an Alpine sticker on the truck ..as I would have then the only recourse of city and contractor, when a heads up can settle this issue. The material needs to be inspected and at least pressure treated? We have agreed on easement line, not further set backs? ______________________/ Sorry to bother you on vacation, but how would you feel? It is not what people say, it is what they do. Thank you, Christina Lawson, LPOA Barbara Martin Christina Lawson 101 Oak Trail Coppell, TX 75019 Tx : 214-632-6708 kinglp7@hotmail.com This message (including any attachments) is intended solely for the specific individual(s) or entity(ies) named above, and may contain legally privileged and confidential information. If you are not the intended recipient, please notify the sender immediately by replying to this message and then delete it. Any disclosure, copying, or distribution of this message, or the taking of any action based on it, by other than the intended recipient, is strictly prohibited. Thank you for your ethics. Date: Fri, 16 Dec 2011 17:08:08 -0600 From: kmarvin@coppelltx.gov To: mmesserly1@aol.com; kinglp7@hotmail.com Subject: Re: 101 Oak Trail Ms. Lawson, I visited your property today at your request. I documented with photographs and samples the condition and material of your existing fence. I believe the fence Alpine is building will be of like material to what exists today. Your fence does not appear to be oak as you suggest. 3 I left a message for Alpine concerning the encroachment of their materials onto your property. I also asked them to leave the panels you requested along the west property line for your use. Hopefully they will receive both requests and respond appropriately. I will be out of the office next week, but I will be checking my email periodically. Keith Keith Marvin, P.E. Project Engineer (972) 304-3681 4