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DR9401-CS 930516May16, 1993 Ms. Shohre Daneshmand City of Coppell P. O. Box 478 Coppell, TX 75019 Dear Ms. Daneshmand: I have patiently been waiting for a reply from the city concerning the easement area behind my home for many, many months and the issue is still unresolved. I have enclosed copies of all our past correspondence to refresh your memory. I understand that everyone is very busy with the growth of Coppell, however, this matter has been unresolved for way too long and is of great concern to me and my neighbors. We need to come to a resolution on the open drainage area. Many things we have discussed have not come to pass OR have turned out to be the problems I described they would be. The drainage area is full of trash, weeds, concrete slabs, and miscellaneous items. It is only a matter of time before the Fire Marshall cites us for violation of tall weeds as in the past. Contractors, workers and others have found the "ditch" a convenient place to leave concrete, rocks, tires, wheels, wire and assorted other " fill "materials. Other people assume that this is a new center for lawn clippings and dirt piles that they don't need. Mowing the ditch, as you can see, has not been attempted by anyone, including with City or homeowners. The last person we paid to mow the ditch promised never to return, no matter what we paid him. Recently, the cable people have buried their wires so I won't cut them by accident. The ditch in some areas has a slope greater than the described 335 slope assumed. Behind my house next to the underground flume the slope approaches 45-50%. Measure this area next to the telephone pole. I challenge you to mow this area in less than a few hours (every week) -you have to be kidding. When you review this area I believe you will understand and appreciate what we are up against. Also, the legal question has never been answered to my satisfaction. If someone cuts themselves or is injured while crossing or playing in this area and decides to sue, will the city or homeowners be responsible? AsI am nearest the school, I cannot prohibit or keep the children out of the easement area. Yet, as I understand it, I am responsible for any accidents that could arise because, technically, the easement is on my property. I believe that the design of the ditch with a very minimum slope is flawed and was done more for the convenience of the city and the builder rather than with the long term concerns of the homeowners who live on both sides. The ditch was maintained last year in this fashion. Several workers dug a trench one foot deep by two feet wide. The dirt was tossed on the bank only to return to the trench with the first rainfall. Constant erosion in the fall, coupled with trash and fill placed in the ditch soon fills in the trench. Spring growth has formed a web that catches silt, debris slows water flow and dies back adding to the level of materials in the trench. At the flumes, the water stands several inches deep because the level of the trench is higher than the flume bottom. Coppell is adding to the "wetlands" because weeds were growing in the ditch last year. Now the level in the trench has risen enough to permit grass to grow where water used to stand. I doubt seriously that any water flows in the ditch -rather it rises up and then settles in over time. You may not be the person that has all the answers, but perhaps with your input and pointing us to the right person we can resolve this matter quickly. I still believe that the best decision is to enclose the drainage area. Allow us to move our fences to the back of the property line. We can maintain this area as we do the rest of our yards. Our neighbors on the Devonshire side can maintain the 6-12 inches between the fence and the curb. Our property line does not exactly meet the curb. This small area could be landscaped with flowers or vines to enhance the look. This would be a final solution to what could be and continues to be an ongoing problem. This would also minimize the chances of any legal questions arising in the future. To answer the question about utility rights - at present, the utilities use the Devonshire alley to service the needs of their equipment. Gates could be provided in the fence for Phone and Cable people to service their boxes. Drainage from our yards into the ditch could be provided by inlets from the top. I have discussed this with many neighbors on both sides and they agree with my assessments. I will forward your comments on to them and I will be looking forward to heating from you, or someone from the City, as soon as possible. Thank you for your time and assistance in this urgent matter. Sincerely, Robert W. Delvo 201 Magnolia Drive Coppell, TX 75019 393-5237 (home) 1-800-445-4034, Ext. 12509 (voicemail)