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Villages of C P3-CS030905 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Date: RE: Greg Jones, Chief Building Official Ken Griffin, Director of Engineering & Public Works ~ September 5, 2003 Fence Permits for 924, 928, 932, 936, 940 and 944 Brentwood Drive The City Council recently approved license agreements to allow six lots along Brentwood Drive to incorporate 10 feet of excess right-of-way from Deforest Road into their properties. However, it has recently been brought to my attention that the same I0 feet was incorporated into the Windsor Estates subdivision via an ordinance passed by Council in 1999. The reason this was unknown prior to this date was because the developer for Windsor Estates filed the wrong plat in 2001. If you look at the plat you have on file for Windsor Estates, along the southern edge it clearly shows that there is 10 feet of excess right-of-way for Deforest Road. However, if you look at Ordinance 91500-A-222 from 1999 along with all its attachments, it clearly shows that the right-of-way was incorporated into the Windsor Estates development. Greg, at this point I do not know which of these various document controls this disputed area. At this point I honestly do not know whether the 1999 ordinance supercedes the license agreement recently approved by Council in 2003 or if the filing of an incorrect plat in 2001 negates the 1999 ordinance. I've asked Bob Hager to review this situation. I respectfully request that until such time that this matter is resolved no fence permits be issued for the six lots on Brentwood. I have sent letters to the six homeowners apprising them of the situation and indicating that no permits should be issued for those lots at this time. If you have any questions, I'd be happy to answer them if I can, but I'm probably just as confused as anyone else at this point. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"