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Time Warner-CS041207 (2)T H E . C I T Y , 0 F COl'FELL December 7, 2004 Mark Massie Time Warner Telecom 15303 Dallas Pkwy, Ste 610 Addison TX 75001 RE: Encroachment on Property at Sandy Lake Rd. and Lodge Rd. Dear Mr. Massie: The City of Coppell was contacted on Friday December 3, 2004 regarding a possible encroachment onto private property by a contractor working on your behalf. Today the same contractor was observed in the same area, once again apparently encroaching on the same private property. Mr. Gand, the property o~vner's representative, called the Police Department to intervene in the disputed encroachment. The Police Department incident number is P4041194. In the December 3rd letter you were asked specifically to contact Mr. Gand, and were provided a contact number for him. To date no one from your company has contacted him to reassure him that these issues will be taken care of. We believe Mr. Gand has legitimate concerns regarding the work activity on and near his property. His major concerns at this point are whether the underground bore and placement has deviated from the ROW and onto this property, and whether damage to the sod on his property will be repaired to his satisfaction. We urge you to contact him today at 214-566-8059. If you have any questions or would like to discuss the matter further, please do not hesitate to contact me. Keith R. Marvin, P.E. Civil Engineer Office: (972) 304-7044 Fax: (972) 304-3570 CCi Mr. Roger Gand, Montessori Saints, Inc. Larry Davis, Construction Inspector Tommy Lineberger, MP Nexlevel 255 PARKWAY t PO BOX 9478 Cf COPPEL L TX 75019 i- TEL 9?2/462 0022 Cf FAX 972/304 3673 COPF-ELL December 3, 2004 Mark Massie Time Warner Telecom 15303 Dallas Pkwy, Ste 610 Addison TX 75001 RE: Possible Encroachment at Sandy Lake Rd and Lodge Rd. Dear Mr. Massie: Today representatives of the City of Coppell met with your contractor installing the fiber optic facilities in the referenced area concerning an alleged encroachment onto private properly. Mr. Roger Gand, representing the owner of the properly, expressed dissatisfaction with the location of the pull box installation, which may or may not encroach on this property. I encourage you to contact Mr. Gand at 214-566-8059 and meet with him, and to have your design engineer confirm the location of the public ROW in that area to determine if there is any encroachment. If there is, the encroaching facility needs to be removed and replaced within the public ROW or easement. Also please satisfy Mr. Gand's request for re-establishment of his damaged property. If you have any questions or would like to discuss the matter further, please do not hesitate to contact me. Sincerely, Keith R. Marvin, P.E. Civil Engineer Office: (972) 304-7044 Fax: (972) 304-3570 Roger Gand Montessori Saints, Inc. PO Box 2871 Coppell TX 75019 Mark Ma~ie Plant Manager TIME WARNER ~TELECOM 15303 Dallas Parkway, Suite 610 Addison, TX 75001 Tel: (972) 455-7902 Fax: (972)455-7801 Pager: (800)SKY-PAGE Pin 1387812 E-mail: mark. massie@twtelecom, com