Gibbs Station 1-CS 921230To:
Via:
From:
RE:
Date:
lVlElVIO
Alan D. Ratliff, City Manager
Ken Griffin, City Engineer
CITY,/t'IANAI3 F1
Michael A. Martin, Graduate Engineer
lmvestigation in Response to Letter from John Burns
December 30, 1992
In response to the attached letter regarding the run-off problem on Mr. John Burns' property,
Garreth Campbell and I investigated the situation and the following conclusions have been made.
Mr. Burns' property is adjacent to the northern section of the Gibbs Station Phase I subdivision
at the intersection of Warren Crossing and Beverly Drive. At this location a concrete drive
return was constructed to allow both Mr. Burns and his neighbor, Mr. Elvin Ray Warren, access
to their property.
When the Gibbs Station construction plans were approved by the Engineering Department, the
paving plans showed the pavement sloping away from Mr. Burns' property, therefore not
allowing water to drain onto his property. When Mr. Burns and Mr. Warren agreed to share
the same driveway, they discovered that the driveway would contain a hump due to the pavement
sloping away from the proposed driveway location. They decided to have the hump removed
by sloping the pavement toward the driveway, thereby allowing water to enter onto Mr. Burns'
property. This being the case, Engineering requested that an easement be obtained with both
property owners' signatures stating that they agree to share the same driveway and they agree
to allow surface drainage of water over the easement area.
When I contacted Mr. Bill Anderson who is the consulting engineer from Dan M. Dowdey &
Associates for the Gibbs Station project, he reminded me that Mr. Burns and Mr. Warren signed
a Mutual Access and Drainage [:asement which "assigns a non-exclusive easement over and
across the g~sement Area, i.e., driveway, for ingress, egress and to allow for the flow and
drainage of water over the surface thereof'. Attached is a copy of the agreement for your
perusal.
The reason the agreement is mentioned is to inform you that Mr. Burns consented to permit
"surface drainage over and across the Easement Area", therefore allowing water to cross onto
his property.
I asked Mr. Anderson to investigate the situation on Monday, December 28, 1992 and to report
back to me by the end of the week to let me know what has been proposed to correct the
F0R ,WAP DED TO
MAYOR AND COUNCIL
DATE:
problem. The following day, Craig Knight, one of the developers of Gibbs Station, stopped by
City Hail and told me he met with Mr. Burns and that they had agreed upon a solution. Mr.
Knight said that 3 to 4 inches of asphait overlay would be placed on private property over the
gravel drive to raise the drive. This would force the water to the edge of the drive instead of
down the middle of the drive and would prevent the washout of the existing drive.
Mr. Knight told me that the premise for Mr. Bums' concern about water entering his property
was due to an incident that occurred last week. When the water utility contractor was cleaning
out the lines he opened the fire hydrant located diagonally across from Mr. Burns' driveway,
therefore forcing water to drain onto his property. Since this incident of flushing the fire
hydrant is expected to occur in the future by both the Water Utilities and Fire Department for
maintenance and testing, Engineering has requested that the departments take necessary
precautions to prevent excessive water from entering Mr. Burns' property via the driveway.
One such precaution could be to attach a hose to the hydrant and have the hose mn towards the
nearest inlet.
I will continue to keep you informed about this problem until it is resolved. If there are any
other problems, Mr. Knight informed me that he would be more than happy to comply to any
reasonable solution.
7~1 Dove Circte
Celll~ll, Texas 75019
214-462-7980
CITY ANAGER
Mr. Alan R~lifl
City Marshier
City of ¢-.,~11~11
P.O. EN~x 47~
Coppelt, TX 7~019
FAX:
E:~eember 28, 1992
Alan:
The recent deve~nt of street~ in the northeast section of the Lakes of Coppell is
causir~ a wa{er run-off i~eletem w/~h should be correcled before the
stmet/$u~ivisien is acce~d from ~ developer.
Followir~ is a ~ch which shows the before and after conditions at the entrance to
the prol~ of I~'. Jehn I~urns. A6 you can see, the culvert and open ditch which
previou~/cenveyed w~er Io the creek have been removed.
Exarmnalien o! the ne~ street and curb constructed show no storm water drain and
culvert/~We~h to conv~y the water to the creek thus forcing the water the water on to
Mr. Burr~ la~l~.
Please a~k tl'~e a~ia~e stall member to review this situation and let me know the
what will be elate te eer~ect the i~e~em.
John Bum~
Property
BEFORE
John Burns
Properly
Open Ditch
· ~ TOTRL PRGE.02 ~
MUTUAL ACCESS AND DRA]:NAG~- EASF..M~NT
STATE OF TEXAS
COUNTY OF DALLAS
§
§
KNOW ALL MEN BY THESE PRESENTS.'
This Mutual Access and Drainage Easement (the "Easement") is
being executed effective as of the ~uQ day of _~O~A~ , 1992,
by and between JOH~ H. BUR~S, JR. ("Burns") and ELVIN RAY WARREN
("Warren").
WHEREAS, Burns and Warren own divided interests in unto that
certain real property situated in the City of Coppell, Dallas
County, Texas as described by metes and bounds on Exhibit "A"
attached hereto, and as cross hatched on Exhibit "B" attached
hereto (the "Easement Area"); and
WHEREAS, each of the parties hereto do hereby desire to grant
to each other, and their respective heirs, personal representatives
and assigns, an easement across the Easement Area for the purposes
of ingress, egress and surface drainage as hereinafter set forth.
NOW THEREFORE, for and in consideration of t~e sum of $10.00
and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto do
hereby GRANT~ BARGAIN, SELL and CONVEY unto each other and their
respective heirs, personal representatives and assigns a non-
exclusive easement over and across the Easement Area for ingress
and egress and to allow for the flow and drainage of water over the
surface thereof.
It is agreed that neither party hereto shall ever erect,
install or place any fence, barrier or other obstruction which
would prohibit or impair the free and uninterrupted access and
surface drainage over and across the Easement Area; provided,
however, either party may retain, maintain, reconstruct and replace
any existing fences and gates within the Easement Area.
This Easement shall automatically terminate in the event the
Easement Area is dedicated as a platted easement or right of way.
IN WITNESSWHEREOF, the undersigned have executed this Mutual
Access and Drainage Easement effective as of the day and year first
above written.
H.
ELVIN RAY W~REN
MUTUAL ACCESS AND DRAINAGE EASEMENT - Page 1
ACKNOWLEDGMENTS
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was
1992 by JO~N N. BURNS.
~'~'~ NOTARY PUBLIC
~jl~']..*) _ State_of Texas
§
§
§
acknowledged before me on
Notary Publ'
THE STATE OF TEXAS
COUNTY OF DALLAS
§
§
§
This instrument was acknowledged before me on
1992 by ELVIN RAY WARREN.
NOTARY PUBLIC
Notary Public, Stat~f Texas
AFTER RECORDING, RETURN TO:
Heath & Knight Properties
16660 Dallas Pkwy.
Suite 1400
Dallas, TX. 75248
MUTUAL ACCESS AND DRAINAGE EASEMENT - Page 2
EXHIBIT "A"
BOUNDARY DESCRIPTION
MUTUAL ACCESS DRAINAGE EASEMENT
BEING a strip of land situated in the B.B.B. & C.R.R.
Survey, Abstract No. 199 and the John H. Mounts Survey, Abstract
No. 903 in the City of Coppell, Dallies Connty, Texas and being
more particularly described as fgllows:
CO~.~ENCING at a point on the southeasterly line of Beverly
Drive (a 50 foot right-of-way), said point also b~ing the most
northerly northwest corner of Lot 1, Block "E" of Gibbs Station,
Phase One, an addition to the City of Co~pell as recorded in
Volume 92207, Page 0400 of the Deed Records of Dallas County,
Texas; Thence N. 00059'50'' E., 30.06 feet along the said
southeasterly line of Beverly Drive; Thence N. 89°00'10'' W.,
10.00 feet to the POINT OF BEGINNING;
THENCE N. 89°00'10'' W., 30.00 feet to a point for corner;
THENCE N. 00059'50'' E., 20.00 feet to a point for corner;
THENCE S. 89°00'10" E., 30.00 feet to a point for corner;
THENCE S. 00059'50'' W., 20.00 feet to the Point of Beginning
and containing 600 square feet of land.
Gibbs Station, Phase One
Coppell, Dallas County, Texas
EXHIBIT "B"
LOT Z~
LOT I
20'~ $0 ' MUTUAL ACCESS
~ DMAI/V~G~ EASEMENT
CITY o~- COPP£LL
OALL AS COUNTY
DAN M. DOWDEY & ASSOCIATES , INC.
16='SO DALLAS PARKWAY SUITE lO0 Jo6#o. ~/-0~*~
(::'14) 951-0694 DALLAS. , TEXAS 7,5248