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Riverview Estates-CS 980401Apdll, 1998 Tony Shaw Huffmes and Parma's 8222 Douglas Avenue Suite 660 Dallas, TX 75225 Richard A. Orlich This letter is to inform you that the inspection into the damage to my property at 201 Wilshire is now complete. Contrary to your opinion in our conversation of February 3, 1998, it appears you are responsible for trespassing and the destruction of my landscaping. If you need to reconstruct the details of our original conversation, I have attached the summary sent to the Coppell city engineer. We have been told fla. at you were warned that the fence line did not con~3mod to the property line for most of the existing lots adjacent to your development of"Riverview Estates". We have been very patient with a variety of problems caused by your ongoing development of the area behind our property. At this point, we feel it is very reasonable to expect that the damage caused to our property be restored to its original condition immediately or that we be compensated for the $1228. of damages. Please respond to the address below no later than Friday, April 10 with your decision on this matter, ffyou have not responded, we will move to utilize all legal remedies available to us. Coppell, TX 75019 972-393-9362 Cc: ~ Ori~, ~1 City Engineer Betty Burke, Ross and Mathews (case #103670) Richard A. Orlich February10,1998 Km C~ffin PE City Engin~x, City of Coppell 255 Parkway BlVd. Coppell, TX 75019 We have recently had some valuable landscaping unearthed due to ~he final grading of the Riverview development. In our search to find the responsible party, we were told that "Coppell wanted us to do it that way". Since we are not sure that is accurrate, we are writing you this letter in hopes that your input can lead to a resolution. Let me start by giving you the quick history. We purchased a home at 201 Wilshire in June of 1994. At that time, there was a lightly forested meadow behind o~ property which gave us a nice view. We were aware that this property would be developed in the next several years and were concerned about the potential lack of privacy and security along the rear fence closest to our house. With this in mind, we contracted a landscaper (Village Gardens-see attached invoice) to plant an evergreen landscape barrier in the "Landscape Easement" directly behind our house. The specific items that relate to this letter were; adding soil, transplanting of four 15-gallon Red Tip Photinias to this area and planting of Additionally, ns we did fur~er landscaping, a drainage system was installed to carry nm-off water to this area to insure the plants would stay watered, soil/fertilizer was added, and the photinins were pruned to optimize upright growth. This had worked well. The plants had grown to 6-7 feet tall and should easily have overtaken our g-foot fence to start providing our evergreen bart/er sometime tiffs year. However, sometime in the last 90 days, the graders for the developmant behind us unem~hed aH that we had done and the scraped the area fiat. There is little left to show for our 4 years of planning, investment and work. The original bamboo cost us $348. The Photinias were part of the original landscape package we purchased with this house. Blooming Colors Nursery ( in Coppell ) quoted new 10-gallon plants at $29.95/each. However, Southwest Landscape Nursoy ( Carrolitou ) stated that to match the size that our plants had grown to would cost approximately $110/plant (30 gallon-but stock not available) and $110/e~ to plant. This means flutt the total dnmages caused by the unauthorized excavation of our landscaping is valued at approximately $1228. As far ns monitoring the development, we had been contacting your deparm~ent since August (see attached fax providing me with information on drainage and grading plans for the Riverview development). In November, Lsrry Davis ~ded to one ofmy inquiries bY calling me and nssurin$ me that I would rece/ve a call from CCM Engineering to address my concerns. I never received a call but aRer several weeks, the grading and fill process seemed to be finished. (This was the effort that desWoyed our plants). I obtained the number for CCM Engineering and explained the problem to Tommy Chancelor ou 2/3/98. Since I could not verify the exact date of the dnmage, he said that CCM had been flni~ed with their p~t of the grading "for quite some time", and that it must have been caused by the builder. I then spoke with Tony Shaw of Huffines. He stated that if any landscaping had Consequently, I repeated these conversations to Doug Stevens. Doug said it would not have been something that your department would have required and that I should send this issue to you. So here we are (and just when you were thinking this letter was never going to end). We have had our privacy/security landscaping scraped out of the ground, CCM says it's the builder's fault, and Huffmes says that they were only doing what the city wanted them to do. That leads me to you. Is this the city's fault? Is this the developer's fault? Or, is this the builder's fault? If the builder ~r developer are causing damage to cun'ent property owners, should work on this development be stopped until we can proceed with safeguards in place.'? Can you please respond to this letter by 2/20/98? I have tried to include all possible pertinent information, but if there is anything else you require, please do not hesitate to contact me. Thank you, in advance, for your prompt attention. Coppell, TX 75019 972-393-9362(Home) 972-830-9068(Work) To.' From: RE: Ken Griffm Larry D~onstruction Inspector Riverview Estates Complaint Richard A. Orlich 201 Wilshire CoppeR, TX 75019 Date: February 23, 1998 I have reviewed the letter received from Mr. Ovlich outlining possible damage to his property, caused by the grading along the south property line of Riverview Estates. A voicemail complaint was received in November of 1997, from Mr. Ovlich indicating concern about the contractor working next to his property. Mr. Tommy Cha/nslor with CCM Engineering was contacted and requested to discuss the matter with the property owner. I also requested that CCM Engineering establish the common property line l~een Riverview Estates and Eagle Point Estates and not cross the property line. Also, after ~eviewing Mr. Orlich's letter I am not sure if the implied damage occurred during the development phase of Riverview Estates, or if it was done by the builder during lot development./ / If I can be of further assistance, please let me know. ~ Richard A. Orlich February10,1998 KenGriffinPE CityEngineer, CityofCoppell 255 ParkwayBlvd. Coppell, TX 75019 We have recently had some valuable landscaping unearthed due to the final grading of the Riverview development. In our search to find the responsible party, we were told that "Coppell wanted us to do it that way". Since we are not sure that is accurmte, we are writing you this letter in hopes that your input can lead to a resolution. Let me start by giving you the quick history. We purchased a home at 201 Wilshire in June of 1994. At that time, there was a lightly forested meadow behind our property which gave us a nice view. We were aware that this property would be developed in the next several years and were concerned about the potential lack of privacy and security along the rear fence closest to our house. With this in mind, we contracted a landscaper (Village Gardens-see attached invoice) to plant an evergreen landscape barrier in the "Landscape Easement" directly behind our house. The specific items that relate to this letter were; adding soil, transplanting of four 15-gallon Red Tip Photinias to this area and planting of bamboo in this area. Additionally, as we did further landscaping, a drainage system was installed to carry run-off water to this area to insure the plants would stay watered, soil/fertilizer was added, and the photinias were pruned to optimize uptight growth. This had worked well. The plants had grown to 6-7 feet tall and should easily have overtaken our 8-foot fence to start providing our evergreen barrier sometime this year. However, sometime in the last 90 days, the graders for the development behind us unearthed all that we had done and the scraped the area flat. There is little left to show for our 4 years of planning, investment and work. The original bamboo cost us $348. The Photinias were part of the original landscape package we purchased with this house. Blooming Colors Nursery ( in Coppell ) quoted new 10-gallon plants at $29.95/each. However, Southwest Landscape Nursery ( Carrollton ) stated that to match the size that our plants had grown to would cost approximately $110/plant (30 gallon-but stock not available) and $11 O/ea. to plant. This means that the total damages mused by the unauthorized excavation of our landscaping is valued at approximately $1228. As far as monitoring the development, we had been contacting your department since August (see attached fax providing me with information on drainage and grading plans for the Riverview development). In November, Larry Davis responded to one of my inquiries by calling me and assuring me that I would receive a call from CCM Engineering to address my concerns. I never received a call but after several weeks, the grading and fill process seemed to be finished. About three weeks ago, foundation work began and we noticed that additional grading work had been done (This was the effort that destroyed our plants). I obtained the number for CCM Engineering and explained the problem to Tommy Chancelor on 2/3/98. Since I could not verify the exact date of the damage, he said that CCM had been finished with their part of the grading "for quite some time", and that it must have been caused by the builder. I then spoke with Tony Shaw of Huffines. He stated that if any landscaping had been cleared, "the city required us to finish it that way". Consequently, I repeated these conversations to Doug Stevens. Doug said it would not have been something that your department would have required and that I should send this issue to you. So here we are (and just when you were thinking this letter was never going to end). We have had our privacy/security landscaping scraped out of the ground, CCM says it's the builder's fault, and Huffmes says that they were only doing what the city wanted them to do. That leads me to you. Is this the city's fault? Is this the developer's fault? Or, is this the builder's fault? If the builder or developer are causing damage to current property owners, should work on this development be stopped until we can proceed with safeguards in place? Can you please respond to this letter by 2/20/98? I have tried to include all possible pertinent inf~nniation, but if there is anything else you require, please do not hesitate to contact me. Thank you, in advance, for your prompt attention. 9 972-393-9362(Home) 972-830-9068(Work) _ • -- \-- - .. 41 .... ..... \ L • "3 -- JJ r "�r • , 'it Ld •:IU -1•• ■ jl a /^� l R A • �J a �- — ■ ■■�luw r■�. �r as w■►1C3 S �,. +�r■■ ■■r�raw • wr��►t 1# i- ia�i■rr• Id IF. . • �� --4'r, 1� V 0 _1 , •r _ V- �_- - a i r fr!■iiriiira•■ - • . . y - -.. -- •• ■ P ii ' CR DR • • s fI 1 1 3 !■u ar■w ■■ s■wpa■ !O ?? !? 73 s ;•ss•asa•s~ < `�- ray■■•■ r•wa • r•a� # '-� 12 r � l - - -- - _ 1° • i . k t - t ■ l 73 Ir C3 _ • i i Z$ 24 " Ira . Rra aa=Ir■a aroma ■■■„■ ■r■mpr ■■qUw■ ■ra - • - 1�¢ { .`� r f • 1 • s • • `- ' 1 T X J ! T Y LAN '—' - I • • \ 14 ti • p w ` - aawarasa■araaa• r■a■aarartaiaar■war■ar••••aa■■aa 5 Rte♦ C ' 7 ' % ). t 75 g f D, V ■•■!$■• • as�w• T� ~r\1 --- :_ 4 = . _ )1. - _ . : ~ ..: _ . Z - -. ' e 1 it • -j• 9 _ ,MOM .• • • I - . .per . "I‘k 1:1) ,.. :if_ . , 42„. • ♦i i V F� 1 l b f C t Ill I ! i • ' G tti 201 Wilshire Landscaping damaged by negligent grading \\ • ..-- ,-----'-- -' -- --FF f l �r o r �4 / 1i}S 38'-a.. 4 fir• f. fa . in oi J �F M / 5�t if .-- �F ya L6 yo 0. .o. I ' `' `'• ' FENCE b� F • • • . g'.6'r l� R.I. �P / 1;DL75E: 2$20 ld./5: ro~ l pL)TWDRK: 1 13S 9o, / 1 e'R Lat 12Sgo COVEL E: 30.1 g" - tmuyimG ciOT PROVIDED ti'' ' • Ali • THE TOP DV S1}'9 a UST BE SET A.htIMIM:VM QF 2-2x8'8 LOVE THE HI3I ST -0 I;PK ELEVATION Cs THE EILADIMG RAD, -- - .-. - --. 1 p p� . I do k�cecly car4ify that his 4e4rinq David .. ..� Homes Oka; 30—i4-�a x plpn and rdolcd ipacill4ol• s • v.5r1 oil 'Dee cade rylu • • ■ and 1.30 7a.1 co.y..¢., Sure M7 hevrkn.r...T all CP%M9111-eS913 . TJ Pro}ecl: DI ' vc D alloska,-LI cons/ 1.1.y db VA um el it • • wily RD.,..arns��v.' address: 201 WILSHIRE OWE )Ors; 09 subc:Dv: EAG(.E POW' rAgrs-. tl 531 C FI1t7LYOFlK 11x5 ffMCE 254 1 /J I.Qk: • 29 DIk: A sack: 1 s Dale:t"=20' 500 331P v _ • • 201 Wilshire Rear of property line adjacent to lots # 15 and # 16 of Riverview ". a �.. •?--.•,,r-i s ` � , „ ,ys^ ' d i p ' o f • .. • ., dry M t „,'4 �� . a „ '.... '!3! ta`.. µi:+vr .�. ,:�,�., a a.:. a, •!<+�. +7 a„.-. •£ !:` ^-i� .xixr. mss+---.*•,- i :r.« • • r }�, • • .r♦._. +�... ..�.. 4 v'4, ... •••.••••. 4 • `1,- u P.: ter.- 1'.: '• ••••,, •• .,.z� , �� �','. a r � + $' - ks' � ••• • • � , y '"` _ r "'rr�$" r+4' r.gy,r "'".. * r ,f 4'�5 dA�,' G9k s ��.. , {'� -t t; a,<.:e "vk;� ,'aw".. t.gr-t4-- µ t ' ,c. '" ,4;it xsr § ''''t �*.0 '' a �.r r f +`^f '� -v..: "*— *!u'� `a a iw*.a a a �' .' :t‘..".?Y a°y .. , ,.. '. .+ g r"r a l''' " W"," $ ∎ 1 .� rN.'_ 7 do-`+ ,, M “�h, ,' k - 971 `. 1 d#ffi .,.,=s y, .,,fir , '- a"5r. ,,,( '� i °- - •s r Vii+ ` *rz ,..474.,„" r''x .Y9.-4 i� r... . 7-40 .r. .z, '� ,Cy r•'►"- .� .... 4e,'...7.,:.-t-- ^"s-" a•��++'� ",e� �, Ass� # '�" F ,�,. ` .4 n , „ ,. ; 4.1",4 ro .6 , 5r.`uy°4=x' t»',.t',..4., `v. `� i .."�. ".4` .'yt.A n "� °, _11 � i'3.c,.. .r fi '14 at lqd' ` �.-r'``"� .. m+e' A**"`,.^' ygu,' §• t"tw''b ia'M` .a -c�' „ .k#�+s ,9t +q , t y. fix °'�'a^ °'3y:• x ^f Area where landscaping was destroyed during excavation and drainage grading. Area targeted for long-term evergreen barrier planted in "Landscape Easement". 201 Wilshire Rear of property line adjacent to lots # 15 and # 16 o Riverview .,''.'� y gr 9 724'. -, 1141 470 - Last remnants of bamboo itN. a . ,�-, 9 S { 'x""44:& , -. ' , 9' n.L r k �"." '; 4} Yd Area where 'it� a landscaping had qq., , 'k� � � been destroyed asp • +i€ ,y5ry.. °r+r8'e sw� .a a° ,.gy m k r i a ir» ., 1,1 � .,i -.. - .. �4 i ,� � -, a $a ..'.� . t'�' 'irk 1 des + '''' e 4' " ,-':111. � k^t a�.' ". i " .ate �^,,- *°` ,^' ' ' „, ! � ::- . i y Property line "16 '''''''7 '4'P'',. `' 'Q.,'-'il,'''''''S..,-*'', .. ,.S.44#4. 1 y, N .« • r w �r � "Landscape Easement" 201 Wilshire Rear of property line adjacent to lots # 15 and # 16 of Riverview i a4 y � k 1 r ' y 5� � la� an�_ a r&i •1 ..k ' '•' , ,r,..—e�,4 — 1-, ' off', ., r l `t � � i .. ! i ,1 d { 1 F • T"-S2 s 7 '•' {:1 -4 jam{ ,YFI.I 1 _. �. •'3k'F • {. '+`'. �5 ��i}s '• a rF1 t ....X45 ,�T - `� v �, �p . *L .. ' 4 � r c .et' 3 m1 i rr v':. ti a y,C` L.,a .N.'.74.444 i1, �b" > t ., . y S r.. :• )2!;;''''..". r i .. • .' r .b •qe „, .,. .J ..y3' As.'..•. ' `r y w *. ..4 Ayr, ' 1- rt. �. «T ,v tip V i} _,' ,- ' , * ' . ' ^$• •“07 , .4 ' +.4, , . . . '{ y 4 , *"..!,%:4:- ,y i. .7,11 '� 1". i A . , , {^ ` y 'R < b y' ' . 1 '. rx ' , .r" "t .b ...' . - --4+ x .. 1 ± c^ f :r rf R s •' 4�. ,' ty otfi � . ,'. e ew} , =N L { _� 7� s1`r ,qr ,} y �1 ,W x " ..--. . ; � ».J . - .• y .g t ". _ ,,, .Drainage system installed to carry sprinkler run-off to water bamboo and Photinias. This was previously not visible but was dug up and damaged during negligent grading.