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)