ST9902-CS120427
Halie Hernandez
From:Bates, Jerry <Jerry.Bates@oncor.com>
Sent:Friday, April 27, 2012 3:06 PM
To:Kenneth Griffin; Keith Marvin
Subject:FW: PETTERSON ADDITION / ONCOR UTILITIES
Ken/ Keith,
Below is the email from Rupert Keeping that I talked to you about.
Thanks.
Jerry Bates
Area Manager
Oncor
jerry.bates@oncor.com
Tel: 972-888-1301
Fax: 972-888-1304
From: rupertkeeping [mailto:rupertkeeping@verizon.net]
Sent: Monday, April 23, 2012 11:41 AM
To: Bates, Jerry
Subject: FW: PETTERSON ADDITION / ONCOR UTILITIES
Jerry,
I have removed all the attachments; let me know if you don’t find the original
email when you return. rwk
From: rupertkeeping [mailto:rupertkeeping@verizon.net]
Sent: Friday, April 20, 2012 4:43 PM
To: 'JERRY BATES - ONCOR (jerry.bates@oncor.com)'
Cc: Ken Harter, ATTY - DFW; Nancy Petterson (nancy.petterson@verizon.com)
Subject: FW: PETTERSON ADDITION / ONCOR UTILITIES
Jerry,
After a April 18, 2012 meeting with Keith Marvin P.E., project manager for the
city I have a better understanding of how these issues have come about and it
appears the city may have played a significant role in getting us to where we are
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today. My plan is to approach city council next week in an effort to find an
amicable resolution to these issues.
Below is a copy of an email sent to our attorney on April 2, 2012
SEE BELOW:
which will give you a better understanding of the circumstances which prompted
the need for the TRO.
SEE ATTACHED ITEMS: none of which prompted a response from
ONCOR.
The boundaries under consideration are:
OPTION ONE: Beginning at the southwesterly property line of the
Weichert, Realtors; 202 W. Sandy Lake, Road, to a point 200 feet west of the
southwestern corner of the Petterson Addition (328 W. Sandy Lake Road)
OPTION TWO: Beginning at the westerly property line of the Weichert,
Realtors; 202 W. Sandy Lake, Road, to a point 1,000 feet west of the
intersection of; Old Coppell Rd and W. Sandy Lake Road.
OPTION THREE: Beginning at the southwesterly property line of the Weichert,
Realtors located at; 202 W. Sandy Lake, Road; to a point where W. Sandy Lake
Road intersects with HWY 121.
From: rupertkeeping [mailto:rupertkeeping@verizon.net]
Sent: Monday, April 02, 2012 7:03 PM
To: 'Ken Harter, ATTY - DFW'
Cc: Nancy Petterson (nancy.petterson@verizon.com)
Subject: PETTERSON ADDITION / ONCOR UTILITIES
Ken,
The following is to familiarize you with the circumstances surrounding develop and sale
of our property at: 328 W. Sandy Lake Road, Coppell, Texas, also known as the;
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“Petterson Addition”, (Property), which we purchased sixteen years ago as part of our
retirement plans.
We have justified paying Property Taxes exceeding $25k per year on this unimproved
land in part based upon the representations of city personnel telling us that when W.
Sandy Lake Road was ultimately widened the utilities would be installed underground as
they have been on neighboring properties just seven doors east of our property. Nancy
Petterson (Petterson) and the citizens of Coppell, especially those property owners who
live in near proximity to W. Sandy Lake Road have known for some time that the city
was developing plans for the widening of this road, however, it is only recently that we
have learned exactly how, when and where such improvements are to be constructed and
most importantly where ONCOR intends to install their equipment.
The first actual indication that the widening project was actually underway was when we
were approached in May of 2011 by an ONCOR contractor / representative named Rene
Ortiz, of Precise Land Records, requesting we grant ONCOR an “aerial easement”,
(which in actuality was a land easement), to allow ONCOR access over our property for
the purposes of trimming (a euphemism for butchering), our eighty year old specimen
trees, that were in close proximity to the overhead power lines ONCOR planned to
install as part of the W. Sandy Lake improvements.
July 27, 2011: During an onsite meeting with Richard Brewster, (Brewster), ONCOR’s
Project Manager and Ms. Margaret Lein, (Lein), Senior Right of Way Agent for ONCOR,
Rupert Keeping (Keeping), learned that ONCOR definitely planned to install aboveground
utilities. Keeping inquires of Brewster; “To avoid the esthetical damage to the Property
and the physical damage to our trees will ONCOR install such utilities underground,
similar to the installation done previously in front of; Sprouts Farmers Market, (110 W.
Sandy Lake Road) and Weichert, Realtors, (202 W. Sandy Lake, Rd.)” Brewster’s
response; (in the presence of; Lein), “yes, we would do such an installation if that was
what you really want”.
As per a letter (see attached), to; Lein, dated September 12, 2011, Petterson
confirms to Lein and says yes; “I accept your offer to install the power/utility lines
underground in a manner visually similar to the installation currently in place along the
north side of Sandy Lake Road in front of the; Sprouts Farmers Market, located at; 110
W. Sandy Lake Road, Coppell, TX and Weichert, Realtors located at; 202 W. Sandy Lake,
Rd, Coppell, Texas”.
As per a statement made by Margaret Lein, to; Mr. Bill Mills, our neighbor to the east,
as of December 2012; “ONCOR planned to install their equipment underground”. Relying
on such statements we accepted an offer to sell the Property, contingent upon utilities
being installed underground, to; HUGS Foundation, for $1.9mm. We also have a second
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offer submitted by: American Legend Homes, with no contingencies for; $960K a
difference of $1mm.
On March 5, 2012, ONCOR personnel set stakes marking the future location of utility
poles and support guy wires. (see pics) Although such stakes are within the city’s right
away, if installed, such poles and associated equipment will be directly in the path of a
public street to be constructed and as recorded in the records of Dallas County,
Texas. Such an installation will jeopardize public safety by creating a serious traffic
hazard while preventing ingress/egress to the subject property. Furthermore; the
installation of such equipment will adversely affect and severely damage the esthetic
appearance, property value and marketability of the Estate Lots which comprise the
Petterson Addition and all of the properties along W. Sandy Lake Road from a point
where the same utilities are buried underground, beginning at the south west corner of
the intersection of W. Sandy Lake Rd. and Denton Tap Road and continuing west to the
southwestern corner of the property occupied by Weichert, Realtors at; 202 W. Sandy
Lake, Rd, Coppell, Texas.
We are also residents of; “Summer Place”, a residential subdivision of 97 homes
contiguous to the; Petterson Addition. In August of 2011 Keeping delivered 103 signed
copies of the attached petition demanding ONCOR and the city abandon their plan to
install above ground utilities and the further destruction of the large specimen trees
lining the entrance to this subdivision. The names of additional parties anxious to join
in this suit, who are members of this and surrounding communities, will be forwarded to
your attention under separate cover.
ONCOR: W. Sandy Lake Project Manager: Richard
Brewster 214-549-6590
ONCOR Contractor: WILLBROS T&D Ben Campbell, 4613 Highway
1417 North, Sherman, TX 75092,
bcampbell@willbrostd.com C: 903-267-2513 O: 903
839 0949 www.willbostd.com
ONCOR: Ms. Margaret Lein, Senior Right of Way Agent
ONCOR Electric Delivery, 1616 Woodall Rodgers Frwy.,
Dallas, Texas 75202-1234
C: 469 261 5590 email: Margaret.Lein@oncor.com
Coppell City Manager: City of Coppell: 255 Parkway Boulevard, Coppell,
TX 75019
O: 972-304-3618, F: 972-304-7063, email:
cmo@coppelltx.gov
Coppell Engineering: Department Head, Ken Griffin, 255 Parkway Blvd.,
Coppell, TX 75019
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O: 972-304-3679 F: 972-304-
3570 Engineer@ci.coppell.tx.us
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