Shadydale Lot 2C-CS010327 · Z10 ?33 0~
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GOODE CASSEB JONES
RIKLIN CHOATE & WATSON
A P~OI;EaaloNAL CORI~C)RATION TELEPHONE
ATTORNEYS AT LAW
P O.BOX s 20480 FACSIMILE
(1G23-1~4) SAN k NTON[O, TEXAS 78212-96~ (210) 733-0330
March 27, 2001
Michael A. Martin, P.E. Via Fax: (972) 304-3673
Assietant City ~ ~ ~//'~<~,//
City of Coppell, Texas
/
255 Parkway
P.O. Box 478
Coppell, Texas 75019
RE: Stuart O'Neal Office Building Site Plan
Dear Mr. Martin:
Please be advised that the undesigned has been retained by Milton and
Leanna Watson in connetion with the referenced l~roperty.
I have conferred with Mr. and Mrs. Watson at length regarding their ongoing
efforts to obtain a building permit in order to begin construction at 9033 Sandy
Lake Road (the "O'Neal Building').
As you know, by letter dated August 1, 2000, Mr. Gary Sieb represented to
Mr. Jori Smith that the subject property would not have to be re-platted and
indicated that the city council had approved a site plan on April 11, 2000, "subject
to several conditions." For your ease of reference, I am enclosing herewith a true
and correct copy of the agenda for the City of Coppell, Texas Council Meeting
dated April 11, 2000. The "conditions" circled have been satisfied. The
mentioned "conditions" were the sole conditions imposed by you in connection
with the development of the 4.342 square foot office building on a .5 acre tract of
property located along the north side of West Sandy Lake Road, approximately
1,100' west of N. Denton Tap Road.
By letter dated February 26, 2001, you represented to my clients that after
payment of the Impact Fees to the City of Coppell, "successful beginning of this
project" would ensue. Clearly, you represented that after payment of the Impact
Fees. the project would, and could, begin construction.. There can be no other
interpretation of your February 26,2001 correspondence to my clients.
2Z0 ?33 ~
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Mk=hael A. Martin, P.E.
Assistant City Manager
March 27, 2001
Page 2
Unfortunately, since the date of your February 26, 2001 correspondence,
the Watsons have, disappointedly, experienced one delay after another occasioned
by you, on behalf of the City of Coppell. You have now, for the first time, advised
my client that approximately $27,000.00 will need to be tendered for fire hydrant,
manhole and boring operations. While you represented to the Watsons that the
Fire Marshall mandated this expenditure, we discovered that, in truth and in fact,
the Fire Marshall had never inspected the property.
Moreover, for the first time, you recently advised the Watsons that the road
upon which the subject property is located, may need to be widened, and this
could impact the property. Why are the Watsons being told, for the first time, of a
possible three-year construction delay, when you have already represented to the
Watsons that "appropriate payment of the required fees will help insure a
succcessful beginning of this project'?
In short, my clients are losing money every day, inasmuch as they have
closed on their loan in order to begin construction. They have been assured that
ali conditions precedent to the issuance of a building permit were satisfied. Now
you, on behalf of the City of Coppell, continue to cause delay, uncertainty, and
frustration. Your failure to disclose material facts to the Watsons has caused
them damages, and they will continue to sustain damages unless a building permit
is issued immediately.
If these issues (of which you wholly failed to disclose) are not resolved
promptly, the Watsons, unfortunately, may be left with no recourse but to seek
damages in a court of law and request equity from the court for specific
performance by the City of Coppell. The Watsons are, and have been, good
citizens of the City of Coppell, and have been extremely patient, it is, indeed,
disappointing that they are now being forced to seek equity from a court of
competent jurisdiction because of malfeasance delivered at the hands of the City
of Coppell. Your immediate response and anticipated resolution will be
appreciated.
S~y yours,
Kyle C. Watson
For the Firm
KCW/Imk
210 ?33 0~
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Michael A. Martin, P.E.
Assistant City Manager
March 27, 2001
Page 3
cc: Jennifer Armstrong, Finance Director
City of Coppell, Texas
255 Parkway
P.O. Box 478
Coppeli, Texas 75015
Debbie Ingram, Secretary
City of Coppell, Texas
255 Parkway
P.O. Box 478
Coppell, Texas 75019
Glenn Hollowell, Asst. Director of Public Works
City of Coppell, Texas
255 Parkway
P.O. Box 478
Coppell, Texas 75019
Greg Jones, Chief Building Official
City of Coppell, Texas
255 Parkway
P.O. Box 478
Coppell, Texas 7501B
Gary Sims, Dir. of Leisure Services
City of Coppell, Texas
255 Parkway
P.O. Box 478
Coppell, Texas 75019
Gary Sieb, Dir. of Planning and Community Services
City of Coppell, Texas
255 Parkway
P.O. Box 478
Coppeil, Texas 75019
ENGINEERING DEPARTMENT
FAX CO I/ER SHEET
To: Bob Hager From: Mike Martin
Fax: Date: 3\28\01
P~ P~ C~uding ~v~ ~t)
Re: CC:
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