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DR9401-CS 931123 MEMORANDUM ,'t 1993 To: F_~ra~.Trando, Interim City Manager ,.~ Frofn~G~ai~ ~. Sieb, Dir~tor of Planing ~d Community Se~ices Subj~t: Concerns from Robert Delvo about easement area Date: November 23, 1993 Frank, this is ~ ongoing problem which Mr. Delvo has discuss~ with me, Shohre (when she was employ~ herO, ~d a host of other city employes. In hind sight, the dr~nage pipe probably should have b~n put in place when Shadow Ridge Es~tes was platt~ sever~ y~s ago. Had that happenS, Mr. Delvo and his neighbors from both Shadow Ridge and Devonshire would not have to cope with the situation outlin~ in Mr. Delvo's letter. Ken and I have discuss~ this problem, and I would suggest that you get him involv~ with this issue. I believe he has done some cost estimates of r~tifying the situation--cost of pipe, slope ~low~ce, paving the channel, etc. As it studs today, this looks like another Kaye S~t situation. Isn't it interesting that the other simil~ dr~nage problem we've had out here (Kaye Strut) occu~ with the same plat? delvo cc: Ken Griffin October 25, 1993 Mayor Tom Morton City of Coppell Coppell, TX 75019 Honorable Mayor Morton: I am bringing my problem to your attention as I seem to be at an impasse. I have had numerous discussions with departments within the City concerning my problem and no one seems to be concerned with any sort of resolution. I have enclosed copies of past letters but let me restate the situation. When we first bought our lot the easement behind our home was an open area that led to a cow pasture (it is now Pulte's Devonshire Estates). Fox & Jacobs did nothing to the ditch other than clear it of construction debris once we complained enough. We believed that once the cow pasture was developed the easement area would be addressed. Steve Gee m~ith the homeowners and was very receptive and considerate of concerns that were expressed by the homeowners in Shadow Ridge. I would like to take this time to express our thanks. However, back to the ditch. We now seem to have created a no man's land. Fox & Jacobs has left, Steve is finishing up the project and I have a 20' x 180' ditch that is my problem and my neighbor's who have to look at it. First, my neighbors in Shadow Ridge. The six of us homeowners who border the ditch on the south side once or twice a year get our annual citation from the City Fire Marshall. Last year we found only one person who would attempt to mow the ditch. This year we found no one. The problem is that the ditch is too narrow and has cable and phone boxes that get hidden in the tall grass. Also, the banks are steep enough where a tractor slides down while trying to mow. Although I have discussed the ditch with my neighbors and all would like to see it enclosed and filled, I am the one they are looking to to push the issue. I have discussed several options from lawsuits to paying for it ourselves. Most have taken a wait and see attitude. My neighbors have ali expressed concerns about fines from the Fire Marshall, fire ants, rodents and poison ivey that proliferate in the ditch and migrates into our yards. As the ditch is redug and graded it becomes steeper and steeper and will eventually erode back under our fence and the alley way on the Devonshire side. There are places already where the dirt has receded from under the alley way and it will only be a matter of time before a heavy trash truck breaks a chunk off. According to a letter I received from the October 25, 1993 Page Two City, the ditch should be no steeper than 30 degrees. I have measured areas behind my home that are 45 - 50 degrees. This makes it very difficult if not near impossible to mow this area. I did not buy my home to spend hours mowing a ditch to avoid citations and to satisfy my neighbors and then poison ivey. Perhaps the next time the ditch needs mowing with the gentle grade you will risk having your foot slide under the mower. This does not address legal implications of who gets sued if someone is hurt in the ditch walking home from school or by accident. Passerbys can throw trash into the ditch and I cannot fence it in to prevent it and then I am ultimately responsible for cleaning it up. I believe that this ditch has about a one foot drop over a 1000 foot not much by any standard. The ditch fills in easily and at present is 6 - 12" above the flume level. The 18" pipe that drains the court behind our house is now filled with 6 - 8" of dirt and slowly filling up. Some time or another the dirt will be higher than the pipe, filling the pipe with dirt. I believe that the City is responsible for the drainage but last year when the ditch was redug it involved four workers with shovels who threw the dirt on the banks only to be washed back into the channel on the next rain. What ever happened to our concrete runway that was supposed to line the ditch from end to end? Your Honor, I hope you can find the time to investigate this matter, starting back with the initial Fox & Jacobs development. I would like to also meet with the department that handles this matter at the ditch area behind my home. I am tired of looking at maps that are not indicative of the actual conditions that exist. I have requested several times to receive information on how much water enters the ditch from the flume and how much enters from the 18" pipe. Also, what would be the minimum diameter pipe rwould need to have the ditch enclosed. I await your prompt response and look forward to headng from you soon. Cordially, 201 Magnolia Drive Coppell, TX 75019 393-5237 May 28, 1992 Honorable Mark Wolfe Mayor of Coppell P.O. Box 478 Coppell, TX. 75019 Dear Mayor-Wolfe: ......... ' ................ ' .................................... ' .............. I have discussed with your staff in the past about an item of deep concern to me, my family and my neighbors and I have enclosed copies of our correspondenc~i for your reference. Everything we have previously discussed concerning the easement area behind my home has occurred. The weeds are thick and are competing with me to see who is the tallest. The easement area has become a receptacle for wind blown trash, tires, cable wires, construction debds and silt from the new school, Pulte's Devonshire development and elsewhere. The standing water is home to many new friends (mosquitos) who seem to be attracted to human skin, including the many small children in our neighborhood. It is ~ for me to mow this area, keep it dean and prevent further littering. I, therefore, would like to propose the following to be considered. I 1 When the second section of Devonshire is plotted and graded for development, the easement area could be piped with drain pipe and back filled with dirt to leve~ this area out. This would allow the homeowners south of the Devonshire developme .nt to plant this area with seed and maintain it as they would the regular portion of their y~d. This would eliminate the ongoing battle of who will maintain the ~ement area. This easement area would ~be accessible from the alley and draJnage,could~asily be handled with a few surface, drains. If Shadow Ridge homeowners were to r~ove their fences back to their northern boundary, there wouLd only be a 6' grass strip between the fence and the alley; this would, be far easier for the, Devonshire homeowners ::o control and maintain the open ditch growth and eliminate this unsla_htly area for both D ~Vonshire homeowners and Shadow Ridge homeowners. The open ditch provides an:easy solution for Gee development and the City - :lrainage. However, it is only the beginning of our problems. Maintanence, cleaning pf debris, channeling as the banks slide down, and the silt that is deposited will be a yt ~r round ongoing project. I imagine the fire department will be giving ail of us citations (a,, ;we were given last year) to clean the area or receive a fine. Steve Gee has been very responsive to our concerns and a good developer. However, someday he will be finished developing this area and will move on, but our prc)blem will remain. I would like to urge you to see the area for yourseff - after viewing it I feel certa n you will reconsider the options to enclose this area. I would be most happy to explain this issue in more detail and meet with you and your staff as soon as possible. I would appreciate a response from you within the next week - this matter is of t~e utmost urgency and the sooner we can get this resolved, the better. Sincerely, .................... Robert W. Delvo 201 Magnolia Drive Coppell, TX 75019 393-5237 (home) cc: Shohre Daneshmand, Acting City Engineer Larry Davis, Construction Inspector Steve Goram, Director of Public Works Nan D. Ratliff, City Manager Gary Sieb, Director of Planning and Community Services Coppell, Texas 75019 The City With A Beautiful Future 214- 462-0022 FAX 214 - 393-0948 November 29, 1990 Robert W. Delvo 201 Magnolia Court Coppell, TX 75019 Dear Robert, Thank you for your letter of November 2, 1990, which we received on November 6, 1990. The following should answer the three questions which you stated. 1) The easement which exits behind your house, which has some franchise utilities in it, is primarily an open drainage easement. City policy on open drainage easements is to not permit structures of any type to be built within it's boundaries. 2) The City, during its course of development review, searches for avenues for peripheral improvement. Gee Development, to the north of your property, depending upon feasibility, may assist the City by enclosing the flume. Otherwise, the City is not prepared for a capital outlay of the magnitude required to enclose the drainage of the flume. The easement does currently require maintenance. The City is responsible for the single facility (the flume) and the actual property owner responsible for grasses. We are currently looking into our schedule for this maintenance activity. 3) There are not any ordinances concerning easements but policies do exist through prescriptive application. Should you hav_e any further questions concerning this matter, please fool froo to contact us at 462-8495. .. Streets Superintendent P.S. Trespassing is an enforcement problem which is handled through our Police Department. cc= Steven G. Goram, Director of Public Works November 2, 1990 Mr. Steve Gorman Public Works Director City of Coppell 255 Parkway Boulevard Coppell, TX 75019 Dear Mr. Gorman: Behind my home there is a 20' x 180' easement property that is within my actual property lines. In this easement area are overhead power lines (telephone and cable) and there is also a concrete flume that is now buried under sediment. I understand that "G" Development will soon be building behind us to the north and a new elementary school will be built to the west. I would like your input on several matters I am considering. 1) I would like to move my fence to run along my actual property line. Please advise me if I would need a permit and if I would have to put gates on each end to allow access to my yard and neighbors in the event TU or GTE would need to service equipment. 2) I would like to City to review installing a drainage pipe on top of the easement so it could be covered with dirt. This easement area is currently filling in with dirt, trash, and weeds. I would Intend to maintain the easement along with the rest of my yard. 3) If the City has a list of ordinances that apply to easements I would appreciate receiving a copy aa soon aa possible. Thank you for your time and assistance on these mattem. I look forward to hearing from you soon. Cordially, Robert W. Delvo 201 Magnolia Court Coppell, TX 75019 393-5237 (home) 458-0162 (office) TO: Shohre Daneshmand FROM: Robert Delvo et al DATE: April 15, 1991 SUBJECT: EASEMENT AREA I am writing you concerning the easement that lies behind the hom~s at 200/201 Magnolia, 200/201 Richmond Court, and 00/201 Bayou Court. As you can see by the map, this area is approximately 180' by 20' The Devonshire d~velopment or Gee Development lies to the North of the easement. We have several points and question that ~ ~ould like each of you to revie, w.and consider. Our first priority is to explore enclosing the easement property rather than having the open trench that is proposed at this time. I have enclosed a copy of the letter from November 21, 1990 concerning maintenance of the flume. No ~ork has been done to clean the flume in five months. The flume is now a 1200' settling pond. It is my understanding that the easement will be dug approximately three feet deeper, the sides will be graded where possible, and concrete walls will be installed where the slope is too steep. This will be done to help the w~ter run faster from ~st to east. Currently, a 42" pipe has been installed between two homes and filled in with dirt - precisely as w~ ~ould like to have done the full length of the easement. We believe that the steep slope will cause substantial erosion _~ring heavy rains 'and soon will fill in, i.e. sediment from the school site, trash from the alleys of Gee Development, weeds, grass clipings and trash that is blown up against the fence left by ~orkers or dumped will all accumulate in the trench. We, as homeowners, will be responsible for the easement property. We would like to also note that this easement area will breed insects, be home to fire ant mounds, and be a growth area for weeds that ~ must maintain to less than 18" or risk citation by the Fire Marshall. It was our original understanding that a fence was going to be built on the actual property line that divides both developments, and was to be done at the expense of Gee Development. We understand that now this will not be done. We would like to propose, again, that a fence be built on the property line from Coppell Road to ~ispering Hills to separate the school and our homes from the alley in the Gee Development property. Also, that gates be installed at the end to keep children from using the easement as a short cut to and from school. We have been informed that ~ are responsible and liable for what happens in the easement. If a child is bitten by a snake, falls in the trech, crawls in a pipe or touches a wire we are responsible - not the City. Therefore, ~' should have control of this area. e realize and understand that we must provide acccess to this area for G.T.E., T.U. and Paragon. However, with the new alley being installed the trucks will be able to drive within a few feet and enter from a gate facing the alley. We would always be of the understanding that they may, at some point in time, have to bring equipment in to dig or re-lay lines. Ultimatley, if the easement was enclosed we would he able to maintain the easement in a manner similiar to the way we maintain the rest of our ~ackyards. This ~ould be a one time solution and %xpuld minimize maintanence by us, the City, and contain health and insurance risks. Your review and consideration of these matters would be greatly appreciated. As this matter has been ongoing for quite some time and is of great concern to us, we would like a formal response as soon as possible. Please contact Robert Delvo at 393-5237 with any questions you may have, or if you need additional information. Thank you in advance for taking the time to review, this information. NAME ADDRESS T~.LEPHONE 2~D1 Magnolia Court - roperty is not located in .. Insurance Administration d Flood Hazard Area as per .. /'~ PLAT SHOWING Being Lot 25, Block F, of SHADOW RIDGE E'.]I'ATES, '.~ECOND INCREMENT, an addition to the City of Coppell, Dallas County, according to the Map recorded in Volume 85093, Page 5585, Map Records, Dallas County, ~lcxas. ~ ~o~ ~ou~-~ .,~._..~,;~/? .,I~, ubject Property is not located in Federal Insurance Administration es ignated Flood Hazard Area as per ated / L~. / __ ~ PO Box 478 ~--~-~/~7~ Texas l~~---.' 75019 Coppell, 3uly 9, 1991 Mr. Robert Delvo 201 Magnolia Court Coppell, TX 75019 Re: Open Drainage Channel Dear Mr. Delvo: This letter is in response to your letter dated April 15, 1991, regarding the open channel north of your property. At first, I wish to extend my apologies to you for such an unexpected delay in responding. Please note that I have reviewed and analized all of your comments very carefully, and have also coordinated with other City staff members concerning this matter. The following comments are provided based on my findings: 1) Closed Storm System: - The open channel was originally designed and constructed as part of Shadow Ridge Estates Development, and was intended to accommodate ultimate off-site drainage, including portions of Devonshire Addition. - Due to downzoning from duplex to single family, the calculated amount of ultimate drainage outfall from Devonshire into the open channel has been reduced. - The option of an underground storm pipe does exist, however, the probable estimated cost of this alternative is $96,000. 2) Open Channel/High Velocity/Steep Slope: - Prior to any work commenced by G. Development the existing open channel with the flume may not have func%ioned a~ intended. However, this channel is currently being reconstructed and improved by G. Development. The cost for such improvement is estimated at $15,000 - $20,000. - The channel's side slope is proposed not to exceed 3 to 1 (33%), which is generally considered acceptable and mowable. The channel will also be hydromulched as an erosion control measure, where applicable. Letter to Mr. Delvo July 9, 1991 Page 2 - The velocity of the flow in the channel, according to the construction plans, is 2.6 fps (~)0 which is considered to be a low and non-erodable velocity. - In order to minimize steeper slopes, and thereby to minimize erosion, G. Development has proposed to enclose the eastern end of the open channel by placing an underground 42" RCP. 3) ReGular Channel Maintenance: - The concrete lined portions of the channel, such as storm sewer pipe outfall, will be maintained by the Street Division of Public Works. However, as you know, and as a general policy, the responsibility of maintaining the grassed channel remains with each homeowner and/or Homeowner's Association. - Again, in staff's opinion, this open channel will function more efficiently as a result of improvements presently undertaken by G. Development. - Staff recommends that some type of Homeowner's Association be created to maintain this channel on a regular basis. 4) Fence Installation by G. Development and Coppell ISD: - According to the approved final plat, for Devonshire Addition and under special conditions, it is stated that 'Homeowners adjacent to the south boundary of the existing drainage channel may have their fences extended along the south side of the existing drainage easement, if they desire to enter into an agreement with G. Development ..." - It is our understanding that the Coppell 1SD will install fences along its northern property line. This may eliminate any potential access from the school onto the drainage easement. - Installation of a fence along the actual property line between Shadow Ridge Estates and Devonshire is not desirable, since it will create an isolated area with minimum access to maintain utilities within this easement. It is my understanding that the Devonshire Zoning Case did not require a fence to be constructed at this location. Letter to Mr. Delvo Ouly 9, 1991 Pa§e 3 5) Underground Pipe Requested: - As noted earlier, if affected homeowners wish to pursue enclosing this drainage system, their active participation is recommended. An open drainage channel is, in general, an acceptable method of handling drainage. There was no specific requirement for G. Development to enclose this system, however, they have attempted to improve the condition considerably, even though the channel was outside of their property. If you have any questions and/or wish to discuss referenced items in more detail, please call me at 393-1016. Sincerely, M. Shohre Daneshmand, P.E. Acting City Engineer MSD/bd cc: Alan D. Ratliff, City Manager Gary L. Sieb, Director of Planning and Community Services Steve Goram, Director Of Public Works Larry Davis, Construction Inspector DELVO