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Oakbend Addn-CS 900413 - .--r ,- ~DM NATHAN D. MAIER CONSULTING ENGINEERS, INC. AprD 13. 1990 Mr. James J. Hartnett. Jr. 2800 MBank Building 1704 Main Street Dallas. Texas 75201 Re: Oakbend Addition - Coppell, Texas NOM No.: 89-9-106 Dear Jim: As you know, we represent Centex Real Estate CorpOration as consulting engineers In their proposed development activities at the above referenced project. A portion of the Centex property, In Its present undeveloped condition, drains onto property owned by the Cistercian Monastery whom you represent. The majority of this drainage enters the Cistercian tract within an existing ditch which crosses the c0m- mon property line. Centex Is Intending to develop their property In-general conformance to the preliminary plat and plans prepared by our firm and approved by the City of Coppel!. These preliminary plans contemplate col- lecting runoff from the drainage basin that drains to the Cistercian Tract, and conveying It In a pipe to a discharge point In the existing ditch at the common property line. We originally contacted you seeking a drainage easement so that we could construct a temporary headwall at the end of our pipe and line the ditch with rock rip-rap. The purpose of these Improvements would be to slow the water to a low velocity before It entered the existing earthen ditch. I refer to the headwall as temporary because when the Cistercian property Is platted for Its eventual development, the City of Coppell will require the headwall to be removed and the pipe extended across the tract. In an attempt to gain your endorsement of our planned Improvements, we met with you In your office on AprA 5, 1990. In response to our request, you drafted a letter dated Apr8 7, 1990, stating that your client declined to grant an easement that would allow us to Install these Improvements. You stated that the reason for the denial of our request was a belief that the development of our property as planned would damage the Cistercian Property by Increasing the runoff coming onto the tract. Although we continue to believe that we have a right to develop our property as contemplated, so long as existing drainage pattems are not significantly altered, we now offer two proposals for your consideration. Our first proposal Is that, as part of our development activities. we woUd extend the subject drainage pipe to the eXIsting stock tank located on the ditch near the southwest comer of the CIstercian Tract. This would be of benefit to your client In two ways. In the short term. It would result In the near total retardation of the velocity of the water being discharged onto your client's property. The tank would function as a detention basin. releasing the water to continue downstream over a longer period of time. There Is also a significant long-term benefit. In that when this tract develops. a portion c:i the required Infrastructure wDI already be In place at no cost to the developer. Our second proposal Is that. once our final design Is complete. Centex would pay the estimated Increase In cost for the Mure extension of this line caused by the Increase In stormwater precipitated by the Improvement of Oakbend. Three NorthPark/8800 N. Central Expwy./Sulte 300/Dall.., Tex.. 75231/(214) 739.4741 Mr. James J. Hartnett, Jr. AprU 13, 1990 Page 2 The magnitUde of the Increase In pipe size and the resulting cost Increase would be subJect to review by a qualified civil engineer of your choosing. In return for your acceptance of either of these proposals. we would, of course. expect that the ease- ments required from your client to complete the work would be forthcoming. It Is the desire of my client that you and your client find Centex to be a good neighbor and that you feel as though you were treated falrty. It Is our hope that the offer of these proposals wDl accomplish this obJective. Additionally, Centex Intends to build the alley planned along the common property line entirely on their property and at their cost (estimated at $25.660). They Intend to allow access to the alley from the Cistercian property without seeking to recover any shared cost from the monastery or Its successor. Please address your response to these proposals to Mr. Steve Stolte at Centex Real Estate Corporation. If you have any questions that I can answer, please let me know. Sincerely, NATHAN D. MAIER ~n G ENGII~.EERS INC.; Mike Daniel, P.E. CMD/rdp cc: Steve Stolte