Shadowridge-AG051025AGENDA REQUEST FORM
T H ! C 1 T Y • O F
COPP ELL
N ' , � * "- *
A y 1
DEPT: Engineering
DATE: October 25, 2005
ITEM #: 12/G
ITEM CAPTION:
Consider approval of an ordinance abandoning a 538 square feet of right -of -way along the southeast side of Lot 52,
Block D Shadow Ridge Estates Fourth Increment (466 Harris Street); and authorizing the Mayor to sign.
GOAL ,
EXECUTIVE SUMMARY:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
Ord. # 2005 -1113
M - Tunnell
S - York
Libby Ball
2005.11.0
J 14:55:54
Vote - 7 -0 -D6'00'
The Engineering Department has been contacted concerning the abandonment of a portion of the existing right -of-
way easement on the southeast side of Lot 52, Block D Shadow Ridge Estates Fourth Increment (466 Harris
Street). The city has no utilities in this easement. The franchise utility companies have stated that they have no
utilities in the easement and no plans to utilize the right -of -way in the future.
Staff recommends approval of the abandonment of the 538 square feet of right -of -way and will be available to
answer any questions at the Council meeting.
s
FINANCIAL COMMENTS:
Agenda Request Form - Revised 09/04
- 7-11
9 -ar
'.
Documen�46 arris abandonment
T H E G 1 T Y O F
MEMORANDUM
TO: Mayor and City Council
FROM: Kenneth M. Griffin, P.E., Director of Engineering and Public Works
DATE: October 25, 2005
REF: Consider approval of an ordinance abandoning 538 square feet of right -of -way along
the southeast side of Lot 52, Block D Shadow Ridge Estates Fourth Increment (466
Harris Street); and authorizing the Mayor to sign.
Since early this year, the Engineering Dept. has been working with the property owner at 466
Harris Street concerning a proposed encroachment of a wall and fence into existing city right -of-
way. This particular piece of property has a prior history with the City of Coppell concerning
encroachments into the right -of -way.
On July 1, 1997, the City of Coppell approved a license agreement to allow an encroachment of
a pool, deck and fence into the right -of -way of Bethel School Rd. The encroachment was noted
during a re- survey of the property prior to a sale. The property owner had some concern about
the pool only being allowed via a license agreement which has termination clauses in favor of the
city. Therefore, the property owner subsequently requested that the City of Coppell abandon a
three -foot portion of the existing Bethel School Rd. right -of -way that included the pool and a
small portion of the existing deck. The three -foot abandonment of right -of -way was approved by
City Council on August 12, 1997.
When the pool was originally constructed, there was fill dirt placed in the yard and a wooden
wall built for support purposes with a fence built on top of the wooden wall. That wooden wall
is now deteriorating and the property owner is interested in replacing the wall with a modular
stone wall and replacing the existing fence.
The property owner has some concern that the prior approved license agreement could be a
detriment to the future sale of the property and is requesting that the City of Coppell abandon
sufficient right -of -way along Bethel School Rd. so that the proposed wall and new fence will be
entirely contained within property at 466 Harris Street. The included survey plat by Harry
Rowell shows the prior abandonment in 1997 that included the pool and a portion of the deck;
and the crosshatched areas show the proposed abandonment of an additional 538 square feet of
the Bethel School Rd. right -of -way. The abandonment of the right -of -way will take the property
line right up to the edge of the existing sidewalk along Bethel School Rd. The current wooden
wall and wooden fence is approximately one foot away from the edge of the sidewalk. Again, it
COPPE'Q
V5ARS 10
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is allowed in the city right -of -way because of a prior license agreement approved by City
Council.
There are no utilities within this portion of the city's right -of -way and the city has no future plans
to widen and /or utilize the portion of the right -of -way requested to be abandoned. Because there
are no existing utilities and the city has no plans for the future use of this right -of -way and the
fact that the property owner is attempting to enhance the existing wall and fence adjacent to
Bethel School Rd., the Engineering Dept. has no objections to the city considering the
abandonment of the 538 square feet of right -of -way of Bethel School Rd. in favor of the adjacent
property owner at 466 Harris Street, providing the property owner purchases the right -of -way at
the fair market value of $1,235.25.
Staff will be available to answer any questions at the Council meeting.
AREA OF EXISTING
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PROPOSED RIGHT - OF - WAY
AREA OF EXISTING RIGHT- ABANDONMENT.
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466 HARRIS STREET
AREA OF PROPOSED RIGHT- COPFE LL
OF -WAY ABANDONMENT
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S: \CAD \In Design \MISC EXHIBITS \d g \EXHIBITSA —,g 66 HARRIS ABANDONMENT Created in LDDT
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ��<' // / 3
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A RIGHT OF WAY EASEMENT, LOCATED ON
LOT 52, BLOCK D SHADOW RIDGE ESTATES FOURTH
INCREMENT AS DESCRIBED IN EXHIBITS "A" AND "B"
ATTACHED HERETO, IN FAVOR OF THE ABUTTING
PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT
SHALL BE IN EXCHANGE FOR THE PAYMENT BY THE
ABUTTING PROPERTY OWNER OF THE FAIR MARKET VALUE
OF THE PORTION OF THE RIGHT OF WAY EASEMENT TO BE
ABANDONED; PROVIDING THAT SUCH ABANDONMENT
SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY
AND LAWFULLY ABANDON; PROVIDING THAT SAID
ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT
MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS
COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE.
Gt r
WHEREAS, the City Council of the City of Coppell has detennined that the right
of way easement located on Lot 52, Block D Shadow Ridge Estates Fourth Increment, an
Addition to the City of Coppell, Texas and more particularly described in Exhibits "A" and
"B" attached hereto, is no longer needed for City services; and
WHEREAS, the abutting property owner desires that said right of way easement be
abandoned and in consideration thereof has agreed to pay to the City of Coppell, Texas, the
fair market value of the property as established by an appraisal; and
WHEREAS, a proper appraisal has been conducted establishing the fair nia t
value of the easement to be abandoned to be 51,235.25;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas has
determined that the right of way easement located on Lot 52, Block D Shadow Ridge
Estates Fourth Increment, an Addition to the City of Coppell, Texas, and more particularly
described in Exhibits "A" and "B ", attached hereto and made a part hereof for all purposes,
is no longer needed or necessary for public purposes and should be, and is hereby,
abandoned in favor of the abutting property owner, in exchange for the payment of the fair
market value of the easement to be abandoned.
DS
1
SECTION 2. That the fair market value of the said right of way easement
being abandoned has been determine by an appraisal to be $1,235.25.
SECTION 3. That upon payment of $1,235.25 to the City by the abutting
property owner, this abandonment ordinance shall constitute a Quitclaim Deed in favor of
the abutting property owner, and a certified copy of the same may be filed in the Deed
Records of Dallas County, Texas, to indicate such abandonment.
SECTION 4. That the abandonment provided for herein shall extend only to
the public right, title and interest which the City of Coppell, Texas, may have in and to said
utility easement, and shall be construed to extend only to such interests that the governing
body of the City of Coppell, Texas, may legally and lawfully abandon.
SECTION 5. That this ordinance shall become effective from and after its
passage as the law and charter in such case provide.
JAULY PASSED by the City Council of the City of Coppell, Texas, this the 2C'
day of 05.
ATTEST:
U SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, C Y ORNEY
2
H SURVEY PLAT PAGE 1 OF 3 HR
LINE
BEARING
DISTANCE
L1
S 03'57'29" W
8.89'
L2
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90.54'
L3
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L5
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3.00'
L6
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47.00'
L7
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L8
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NO BEABA/1DON BY THE OrrY OF COPPE"
538.0 SQ. FT.
EXHIBIT A
/ hereby oareMy that on Mho Temda JL'N. . 2Q,, ritib surviay i�sJny a ogryr/piA protsded pez;ud veer �rar;'s �^ L:s p.�:: ^c'r::d Lh:B surrey
plot has born pprsd as per afa Meld notes Mhereby produced, and It properly represents Mho facts as found on Mw ground. Th/s survey plat has been prepare
In aocomdo mce wah, and In sub*MfK l COM WBanoa *N h , all ru/os and regulabbna prorrargatetl by bm Taxers Board
of Prof4sa/one! Lsnd Sur ying
Uniess odmrwlaa rhotsd, the surveyor has re"d solo& on the record data provklad M floe Me corn wnt for trhe determinatlon of the boundarfas
of floe Arid pros/ surveyed and for any asaemsnfs of record which may be shown or addressed an floe survey. The survey shows Wfable sasemsrrts, conflicts,
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encroachments or protrusions apparent on Mhe ground.
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JUNE 16, 1997 PROPOSE NDO SHOW MENT e'ri T '�b
Date - D .40W BAN
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JOB R
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LEGAL DESCRIPTION
PAGE 2 OF 3
TO THE LIENHOLDERS AND/OR THE OWNERS AND THE PURCHASERS OF THE PREMISES SURVEYED AND TO AMERICAN TITLE
COMPANY.
This is to certify that I have made a careful and accurate survey of the property located at 466 HARRIS STREET in the City of
COPPELL,DALLAS County, Texas. Being Lot 52, in Block D, of SHADOW RIDGE ESTATES, FOURTH INCREMENT, an Addition to the
City of COPPELL, DALLAS County, Texas, according to the Map or Plat thereof recorded in Volume 89189, Page 1912, of the Map Records
of DALLAS County, Texas. SAVE AND EXCEPT however, that certain portion of subject property conveyed to the City of Coppell, Dallas
County, Texas, by David L. Love and Susan L. Love, by Instrument dated August 4, 1992, filed July 10, 1992, and recorded in Volume
92134, Page 5496, of the Deed Records of Dallas County, Texas, said portion conveyed being described by metes and bounds as follows:
BEGINNING at the Southwest comer of said Lot 52, Block D of SHADOW RIDGE ESTATES, FOURTH INCREMENT, same being the
intersection of the East line of Hams Street (variable width right of way) with the Northwest line of Bethel School Road (60 foot right of way);
THENCE North 00 degrees 12 minutes 30 seconds West, along said East line of Harris Street, a distance of 41.29 feet to an X' set in
concrete at the beginning of a curve to the left;
THENCE departing said Harris Street and along said curve to the left having a radius of 25.00 feet with a chord bearing and distance of
South 58 degrees 55 minutes 12 seconds East 42.89 feet to an arc length of 51.54 feet to a 112 inch iron rod set in the Northeast line of
Bethel School Road;
THENCE South 62 degrees 22 minutes 04 seconds West, along said Bethel Scool Road, a distance of 41.29 feet to the POINT OF
BEGINNING and CONTAINING 388.00 square feet of land.
DESCRIPTION OF ABANDONMENT PAGE 3 OF 3
THE FOLLOWING IS A DESCRIPTION OF PART OF A 60 FOOT RIGHT OF WAY FOR BETHEL SCHOOL ROAD
OVER THAT SOUTHEAST PORTION OF LOT 52, BLOCK D OF SHADOW RIDGE ESTATES, FOURTH INCREMENT
AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS RECORDED IN VOLUME 89189, PAGE 1912,
OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS;
BEGINNING AT A POINT IN THE NORTHWEST LINE OF SAID 60 FOOT R.O.W. SAME BEING SOUTH 62 DEG, 22
MIN. 04 SEC. WEST 8.21 FEET FROM THE SOUTHEAST CORNER OF SAID LOT AND BLOCK;
THENCE SOUTH 03 DEG. 57 MIN. 29 SEC. WEST 8.59 FEET TO A POINT FOR A CORNER;
THENCE SOUTH 62 DEG. 28 MIN. 01 SEC. WEST 90.54 FEET TO A POINT FOR A CORNER;
THENCE NORTH 03 DEG. 57 MIN. 28 SEC. EAST 8.70 FEET TO A POINT FOR A CORNER;
THENCE NORTH 62 DEG. 22 MIN. 04 SEC. EAST 23.41 FEET TO A POINT FOR A CORNER;
THENCE SOUTH 27 DEG. 37 MIN, 54 SEC. EAST 3.00 FEET TO A POINT FOR A CORNER;
THENCE NORTH 62 DEG, 22 MIN. 04 SEC. EA S T 47.00 FEET TO A POINT FOR A CORNER,
THENCE NORTH 27 DEG. 37 MIN. 54 SEC. WEST 3.00 FEET TO A POINT FOR A CORNER;
THENCE NORTH 62 DEG. 22 MIN. 04 SEC. EAST 20.23 FEET TO THE POINT OF BEGINNING AND CONTAINING
538 SQUARE FEET OF LAND.
EXHIBIT B
JOB NO. 97 -2764B
Ken Griffin - RE: Wall and fence at 466 Harris Street
From: Ken Griffin
To: 'Boyle, Steve (Stonebriar)" <Steve.Boyle @westin.com>
Date: 11 /10 /2005 10:13 AM
Subject: RE: Wall and fence at 466 Harris Street
CC: Greg Jones
Mr. Boyle
We received your check and have forwarded the documents approved by Council that abandons a portion of right of
way to our tax office so they can be filed at Dallas County. We will forward a copy of the recorded documents to
you once we receive them back from the County.
At this time, you have satisfied the issues that Engineering had concerning the construction of a wall and a fence.
To proceed, you need to provide copies /plans of the proposed improvements to Building Inspections so you can
obtain a permit to continue the work. Their offices are located at 520 Southwestern Blvd. I have copied this email
to the Building Official so he would be aware that you have satisfied the Engineering concerns that resulted in the
stop work order in June 2005.
If you have any additional questions, please feel free to contact me at your convenience
Ken Griffin, P. E.
Director of Engineering/Public Works
972 - 304 -3686
kgriffin @c i.coppell.txus_
November 8, 2005
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
RE: Ordinance #2005 -1113 abandoning 538 SF of right -of -way along the southeast side
of Lot 52, Block D Shadow Ridge Estates Fourth Increment (466 Harris Street)
Kenneth
I appreciate your hard work and efforts regarding the recent approval by City Council to
approve the abandoning of the right -of -way. With this letter I'm enclosing $1,235.25 as
payment of the fair market value for the right of way.
Once the payment is recorded and deposited, I should be receiving a document
confirming the ownership transfer.
Since I have outlined to you my proposal for the work I intend to do along the fence line,
in previous correspondence, is there something else I need to do before I proceed with the
actual work?
Sincerely,
Steve Boyle
466 Harris Street
STEVEN E. BOYLE 3261
HOLLY T. BOYLE 1tp 255 fv' 147
466 HARRIS 1597744182
COPPELL, TX 75019 fat r .l�
OR'DER '� L $ ,�..
"NKIONE,
1PMorgan Chase Bank, N.A.
Dallas, Texas 75201
. ii 1 0006i4 , . ��
� �74 4 182u 0 1 47
T H E G 1 T Y O F
COPPELL r
.:a
November 3, 2005
Steve Boyle
466 Harris
Coppell, TX 75019
RE: Ordinance #2005 -1113 abandoning 538 SF of right -of -way along the southeast side
of Lot 52, Block D Shadow Ridge Estates Fourth Increment (466 Harris Street)
Dear Mr. Boyle:
The referenced ordinance was approved by City Council on October 25, 2005. The
ordinance established the fair market value of the right -of -way to be abandoned at
$1,235.25. Upon receipt of the $1,235.25 payment of the fair market value, the city will file
the document with Dallas County abandoning the right -of -way.
If you have any questions please feel free to give me a call.
Sincerely,
Kenneth M. Griffin, P.E.
Director of Engineering/Public Works
Office 972/304 -3686
Fax 972/304 -7041
COPPELL
YEARS IN
I9 SS -10p
255 PARKWAY * P.O.BOX 9478 * GOPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673
Ken Griffin - RE: 466 Harris Street -
From: Ken Griffin
To: Steve Boyle
Date: 10/3/2005 5:05 PM
Subject: RE: 466 Harris Street -
-- -----------
Mr. Boyle
The license agreement was approved by Council on 7/1/97 and allowed the encroachment of the pool, landscaping
and other amenities to remain within the right of way of Bethel School Road. Per the license agreement, those
improvements could remain on City property unless the City required their removal by giving 30 days notice. Those
improvements are not in an easement but on land (right of way of Bethel School Road) owned by the City of
Coppell.
The prior property owner was concerned with just a license agreement allowing his pool to be in the right of way.
Therefore, he asked the City to abandon the portion of the right of way that included his pool and deck. On 8/12/97,
the City abandoned a 3 foot strip of right of way adjacent to 466 Harris. The total area of the abandonment was 141
square feet. The City can not legally give away City assets, so when the City abandons right of way it sales the land
at a fair market value. That's why a value was established by the ReMax letter and the amount was included in the
Abandonment Ordinance. The City sold the 3 foot strip of right of way to the prior property owner for $323.74 (141
square feet x $2.296 = $323.74).
In your case, you are asking the City to abandon 538 additional square feet of right of way. This is City property
and as such it has to be sold at fair market value. It can not be given away. This is why I asked whether or not you
wanted to provide your own value or use the prior value. Using the prior value, you would pay the City $1,235.25
for the right of way (538 square feet x $2.296 = $1,235.25). This amount would be paid after Council action (if
approved by Council) and prior to the City recording the abandonment that would legally transfer ownership of the
property from the City to you.
Hopefully, I have answered your questions. It may be helpful to meet to discuss this issue. Let me know.
Ken Griffin
>>> "Boyle, Steve (Stonebriar)" <Steve.Boyle @westin.com> 09/30/05 6:15 PM >>>
Regarding the prior letter from Remax stating the value of the land, would it be ok just to use it? I guess I don't
understand the reason for the letter. Don't I already own the lot with the house, when I made the purchase back in
1997 and these are just rights to the utility easement? What about the license agreement that was drawn up by the
city?
Appreciate your help with this.
Regards, Steve
From: Ken Griffin [ mailto :kgriffin @ci.coppell.tx.us]
Sent: Friday, September 30, 2005 3:39 PM
To: Steve Boyle
Subject: RE: 466 Harris Street -
Mr. Boyle
I received your packet of information. The last thing that is needed is the value of the land. This is included in the
abandonment dodumeilts and if Council approves the abandonment, that amount is paid to the City and then we file
the abandonment.
In the copy of the information from the 8/12/1997 Council meeting that I previously provided, there was a letter
from Remax that stated that the value of the land was $2.296 per square foot. If you know a realtor, you can get
them to provide a letter of value for the area you are requesting to be abandoned or I can use the $2.296 value from
the prior letter.
Let me know how you would like to proceed. We are on track to go to the 10/25/05 Council meeting. Therefore, I
need information on the value by 10/15/05.
Ken Griffin
>>> "Boyle, Steve (Stonebriar)" <Steve.Boyle @westin.com> 07/25/05 10:39 AM >>>
Thanks for the communication. The reason I changed my strategy on the fence, is that some of sits on the property
and some of it sits on the city easement. If fact the pool filter and pump, right behind the fence sits on the easement,
I believe. So that the property owner, whoever it might be, can know that the fence is is not owned partially by two
parties helps the situation.
I called Harry, really appreciate you giving me the information, and am working to provide the city with the legal
description required.
Please let me know if you believe I'm not looking at the situation in the best light. I just want to do what is best for
the property and the city to enhance the curb appeal.
Regards, Steve
From: Ken Griffin [ mailto :kgriffin @ci.coppell.tx.us]
Sent: Friday, July 22, 2005 2:19 PM
To: Steve. Boyle @westin.com
Subject: Re: 466 Harris Street -
Mr. Boyle
I received the information that you sent, but it was not in time to make the 7/26/05 Council meeting. My 6/30/05
email noted that I needed the information by 7/8/05 to make the 7/26/05 Council meeting.
It was also my understanding that you were going to request a License Agreement similar to the previous one that
was approved on this lot. The information provided indicates that you are now seeking to abandon the right of way
all the way to the back of sidewalk. To abandon right of way we need a legal description of the area to be
abandoned. This is prepared by a licensed surveyor. The homeowner for the prior abandonment on this site
provided a legal description of the area that was prepared by Harry Rowell.
The next Council meeting is August 9th. To make that Council meeting, I need the legal description by 7/29/05.
Typically, on an abandonment, we have to notify all utility companies to determine if they have any utilities or plans
for utilities in the area to be abandoned. In this case, we are using information provided by utility companies for the
prior abandonment.
If you have any addition questions, please contact me at you convenience.
Ken Griffin, P.E.
Director of Engineer] ng/Pub I ic Works
972 - 304 -3686
kgriff iiC4,�ci.coppel I.tx. us
>>> "Boyle, Steve (Stonebriar)" <Steve.Boyle @westin.com> 07/12/05 10:39 AM >>>
I have sent the following documents via mail to you today (the attached scanned copy does not show the color
coding). I hope that you had a great 4th of July holiday.
Please let me know if you need additional information.
Regards, Steve
From: Boyle, Steve (Stonebriar)
Sent: Friday, July 01, 2005 1:33 PM
To: 'Ken Griffin'
Subject: RE: 466 Harris Street - "Stop Work Notification"
Thanks for your reply. I will take your comments under consideration, looks like I have some work to do.
Have a great Holiday Weekend!
Regards, Steve
From: Ken Griffin [ mailto :kgriffin @ci.coppell.tx.us]
Sent: Thursday, June 30, 2005 11:48 AM
To: Steve.Boyle @westin.com
Subject: RE: 466 Harris Street - "Stop Work Notification"
Mr. Boyle,
I apologize for the delay in responding to your letter. I have been out of the office since 6/14/05. I have read your
letter. As you can tell by the information that I dropped off at your house, only the City Council can authorize an
encroachment into the right of way. This is typically done by way of approval of a "License Agreement" between
the property owner and the City. The agreements typically come about much the same way as yours did in the late
90's, ie, a problem is noted at the time of sale of a property and then the City is approached to rectify the problem.
My records show that since January 1992, the City has dealt with 27 encroachment requests. Of the 27, 21 were
after the fact. This means that the encroachment was noted at the time of sale or refinance of the property. The
remaining 6 were requested before the encroachment took place. The 6 were: under ground communication line to
connect two buildings owned by the same company; private waterline that crossed the street; telecommunication
lines to connect schools in both the CISD and CFBISD; fence along the rear of properties that abut a portion of
DeForest Road that is no longer needed (road was relocated); and erosion control along City property.
The Council has also denied one request for the use of City property for the installation of a fence.
If you wish to proceed with the wall and new fence in City right of way, then you should submit detailed drawings
showing exactly where the encroachments will be and how much they will encroach. This is similar to the drawings
attached to the previous License Agreement, with the proposed wall and new fence shown. Once I have received the
detailed information, then a License agreement can be prepared and submitted to Council for their consideration.
There is never any guarantee of what Council action will be taken. Council may approve the additional
encroachment or deny the additional encroachment. Or, Council could require the proposed fence and wall to be
relocated out of the right of way and back to the property line because they are being rebuilt.
Council meets the second and fourth Tuesday of the month. To make the July 26 Council meeting, I will need the
drawings no later than July 8th. This will give me one week to prepare the License Agreement and my agenda item.
If you have any additional questions, I can be reached at 972 - 304 -3686 or kgriff n c
Ken Griffin, P. E.
Director of Engineering/Public Works
>>> "Boyle, Steve (Stonebriar)" <Steve.Boyle @westin.com> 06/29/05 1:33 PM >>>
I hope you have received this communication the first time I sent it. I
would appreciate if you would reply and let me know how the city feels about
my request.
Regards, Steve
- - - -- Original Message---- -
From: Boyle, Steve (Stonebriar)
Sent: Friday, June 10, 2005 2:13 PM
To: 'kgriffin @ci.coppell.tx.us'
Cc: Holly Boyle (htbcanto @msn.com)
Subject: 466 Harris Street - "Stop Work Notification"
Hope all is going well with you today and I really appreciate you dropping
off the documents to my home the other day. Please refer to the attached
letter.
Please let me know what I should consider for next steps.
Steve Boyle
Controller
Westin Stonebriar Resort
1549 Legacy Drive
Frisco, TX 75034 -5926
direct 972 -668 -8755
fax 972 - 668 -8761
steve.boyle @westin.com
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Kenneth M. Griffin. P.E.
Director of Engineering & Public Works
255 Parkway Blvd.
P.O. Box 94789
Coppell, TX 75019
September 25, 2005
Kennneth:
It has been awhile since our last trading of emails (July 22). I can't believe it has taken
me this long to get a legal description of the area, prepared by the original surveyor.
Currently as you know, the fence at 466 Harris Street that surrounds the back of the
house sits partially on the city utility easement. The attached "Survey Plat" is the original
prepared by Harry Rowell & Associates when we bought the house in 1997, and was
revised on September 20, 2005.
I would like to request that the city review my request to abandon the area noted in red on
the survey with the legal description attached, as noted. The reason for this request is so
that my family and any future owners can feel comfortable knowing that rights to the
fence as part of the property and the owner, can remodel or upgrade the fence in quiet
enjoyment.
I believe that the history shows, the prior abandonment of the pool and decking (see area
abandoned by ordinance #97802) along with the due diligence involved with the utility
companies, sets a precedent for consideration of this request.
I have already provided information (July 11, 2005 letter) on my plans for upgrading the
fence, which would extend to the edge of the sidewalk and one foot on either end of the
current fence placement (the area requested for abandonment).
I would respectfully petition the City for abandonment. Please let me know if you need
any additional information.
Sincerely,
Steve Boyle
Home Phone 972 - 304 -8176
Work email steve.boyle@westin.com)
Ken Griffin - Re: 466 Harris Street -
From: Ken Griffin
To: Steve Boyle
Date: 7/22/2005 2:18 PM
Subject: Re: 466 Harris Street -
Mr. Boyle
I received the information that you sent, but it was not in time to make the 7/26/05 Council meeting. My 6/30/05
email noted that I needed the information by 7/8/05 to make the 7/26/05 Council meeting.
It was also my understanding that you were going to request a License Agreement similar to the previous one that
was approved on this lot. The information provided indicates that you are now seeking to abandon the right of way
all the way to the back of sidewalk. To abandon right of way we need a legal description of the area to be
abandoned. This is prepared by a licensed surveyor. The homeowner for the prior abandonment on this site
provided a legal description of the area that was prepared by Harry Rowell.
The next Council meeting is August 9th. To make that Council meeting, I need the legal description by 7/29/05.
Typically, on an abandonment, we have to notify all utility companies to determine if they have any utilities or plans
for utilities in the area to be abandoned. In this case, we are using information provided by utility companies for the
prior abandonment.
If you have any addition questions, please contact me at you convenience.
Ken Griffin, P.E.
Director of Engineering/Public Works
972 - 304 -3686
kgnffin. @ci.coppetl.tx.us
>>> "Boyle, Steve (Stonebriar)" <Steve.Boyle @westin.com> 07/12/05 10:39 AM >>>
I have sent the following documents via mail to you today (the attached scanned copy does not show the color
coding). I hope that you had a great 4th of July holiday.
Please let me know if you need additional information.
Regards, Steve
From: Boyle, Steve (Stonebriar)
Sent: Friday, July 01, 2005 1:33 PM
To: 'Ken Griffin'
Subject: RE: 466 Harris Street - "Stop Work Notification"
Thanks for your reply. I will take your comments under consideration, looks like I have some work to do.
Have a great Holiday Weekend!
Regards, Steve
From: Ken Griffin [mailto:kgriffin @ci.coppell.tx.us]
Sent: Thursday, June 30, 2005 11:48 AM
To: Steve.Boyle @westin.com
1':- J5A10:15 RCVD
July 11, 2005
The City of Coppell
Kenneth M. Griffin, P.E.
255 Parkway Blvd.
P.O. Box 9478
Coppell, TX 75019
RE: Request for Abandonment of Portion of City Right of Way, 466 Harris Street
Dear Mr. Griffin:
I have resided in Coppell since 1997. I would like to upgrade the current wood retaining wall and fence as
shown on the most current survey plat (attachment "A "), that sits on city right of way. I did not build the
original fence and swimming pool for the backyard as it was constructed before I purchased the home. I
would like to spend a considerable amount of money to upgrade the retaining wall and fence and feel it
would be necessary to obtain "quiet enjoyment' through title to the property.
On August 28, 1997 the city voted unanimously to abandon a portion of the right away that was occupied
by the swimming pool and concrete decking. This abandonment helped to facilitate the sale of the property
to us. The City also approved a new "License Agreement' between the previous property owner and the
City at that time that could be transferred to us, as the new owners.
I have highlighted in yellow on the attached survey plat, the proposed area for abandonment. The original
abandonment is highlighted in orange.
The following points cover the work I would like to proceed with, at my expense, to upgrade the currently
deteriorating fence and improve the appearance and curb appeal of the comer lot:
• Pour a concrete footer in front of the existing retaining wall (approximately 175 linear feet in
total) that would be three to four inches deep and six to eight inches wide.
• Stack concrete " Pavestone" blocks that are limestone in color and measure 16" wide by 8 deep"
by 6" high each, which would be level with the existing city sidewalk and would cover the front
of the current 2 by 6 wood retaining wall pieces that are starting to shift and deteriorate. The
pavestone wall is engineered for stacking without the use of mortar and can be moved easily if
the need arises in the future. The pavestone would be stacked to the edge of the current city
sidewalk and surround all of the current fencing in the back yard. The new retaining wall would
not shift through time as the current wall or be a target for termites. Please refer to ( "attachment
`B "), a sample of the new wall that would improve the curb appeal of the corner, which sits on a
busy subdivision entry street.
• After completion of the retaining wall, the wood fence would be replaced with new wood and
steel posts to mirror the current fence and would sit above and to the inside of the new retainage
wall.
I would like to respectfully petition the City for abandonment of a portion of the right away and propose
that I purchase said portion of right away from the City at current fair market value.
Thank you for your assistance and please let me know if I can provide you with any additional information.
Sincerely,
Z40,4� 6
Steve Boyle
Phone 972 - 304 -8176
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Ken Griffin - RE: 466 Harris Street - "Stop Work Notification"
From: Ken Griffin
To: Steve Boyle
Date: 6/30/2005 11:47 AM
Subject: RE: 466 Harris Street - "Stop Work Notification"
Mr. Boyle,
I apologize for the delay in responding to your letter. I have been out of the office since 6/14/05. I have read your
letter. As you can tell by the information that I dropped off at your house, only the City Council can authorize an
encroachment into the right of way. This is typically done by way of approval of a "License Agreement" between
the property owner and the City. The agreements typically come about much the same way as yours did in the late
90's, ie, a problem is noted at the time of sale of a property and then the City is approached to rectify the problem.
My records show that since January 1992, the City has dealt with 27 encroachment requests. Of the 27, 21 were
after the fact. This means that the encroachment was noted at the time of sale or refinance of the property. The
remaining 6 were requested before the encroachment took place. The 6 were: under ground communication line to
connect two buildings owned by the same company; private waterline that crossed the street; telecommunication
lines to connect schools in both the CISD and CFBISD; fence along the rear of properties that abut a portion of
DeForest Road that is no longer needed (road was relocated); and erosion control along City property.
The Council has also denied one request for the use of City property for the installation of a fence.
If you wish to proceed with the wall and new fence in City right of way, then you should submit detailed drawings
showing exactly where the encroachments will be and how much they will encroach. This is similar to the drawings
attached to the previous License Agreement, with the proposed wall and new fence shown. Once I have received the
detailed information, then a License agreement can be prepared and submitted to Council for their consideration.
There is never any guarantee of what Council action will be taken. Council may approve the additional
encroachment or deny the additional encroachment. Or, Council could require the proposed fence and wall to be
relocated out of the right of way and back to the property line because they are being rebuilt.
Council meets the second and fourth Tuesday of the month. To make the July 26 Council meeting, I will need the
drawings no later than July 8th. This will give me one week to prepare the License Agreement and my agenda item.
If you have any additional questions, I can be reached at 972 - 304 -3686 or kgri_ffin @4 ci.coppe11.tx.us.
Ken Griffin, P. E.
Director of Engineering/Public Works
>>> "Boyle, Steve (Stonebriar)" <Steve.Boyle @westin.com> 06/29/05 1:33 PM >>>
I hope you have received this communication the first time I sent it. I
would appreciate if you would reply and let me know how the city feels about
my request.
Regards, Steve
- - - -- Original Message---- -
From: Boyle, Steve (Stonebriar)
Sent: Friday, June 10, 2005 2:13 PM
To: 'kgriffin @ci.coppell.tx.us'
Cc: Holly Boyle (htbcanto @msn.com)
Subject: 466 Harris Street - "Stop Work Notification"
Hope all is going well with you today and I really appreciate you dropping
off the documents to my home the other day. Please refer to the attached
letter.
Please let me know what I should consider for next steps.
Steve Boyle
Controller
Westin Stonebriar Resort
1549 Legacy Drive
Frisco, TX 75034 -5926
direct 972 - 668 -8755
fax 972 - 668 -8761
steve.boyle @westin.com
This electronic message transmission contains information from the Company that may be proprietary, confidential
and/or privileged.
The information is intended only for the use of the individual(s) or entity named above. If you are not the intended
recipient, be
aware that any disclosure, copying or distribution or use of the contents of this information is prohibited. If you
have received
this electronic transmission in error, please notify the sender immediately by replying to the address listed in the
"From:" field.
June 10, 2005
The City of Coppell
Kenneth M. Griffin, P.E.
255 Parkway Blvd.
P.O. Box 9478
Coppell, TX 75019
Kenneth:
I appreciate you dropping off the package the other day containing the license agreement and various
agenda request forms regarding my residence at 466 Harris Street.
Currently I have halted all activity per the "Stop work notification" issued by Lee Stone on 6/6/05, until we
can reach agreement on next steps.
I would like to request the city's consideration in approving an upgrade to the fence and retention wall that
currently enclose the back yard/swimming pool. I understand and agree with the fact that the wood
retaining wall and fence currently sit on City Right of Way. The following points cover the work I would
like to proceed with, at my expense, to upgrade the currently deteriorating fence and improve the
appearance and curb appeal of the comer lot:
• Pour a concrete footer in front of the existing retaining wall (approximately 175 linear feet in
total) that would be three to four inches deep and six inches wide.
• Stack concrete " Pavestone" blocks that are limestone in color and measure 16" wide by 8 deep"
by 6" high each, which would be level with the existing city sidewalk and would cover the front
of the current 2 by 6 wood retaining wall pieces that are starting to shift and deteriorate. The
pavestone wall is engineered for stacking without the use of mortar and can be moved easily if
the need arises in the future. The pavestone would be stacked to the edge of the current city
sidewalk and can be considered temporary in nature from the city's viewpoint. I would like to
add that the new retaining wall would not shift through time as the current wall or be a target for
termites.
• After completion of the retaining wall, the wood fence would be replaced with new wood and
steel posts to mirror the current fence and would sit above the new retainage wall.
After reading all the information in the package you supplied, I understand that most of the utilities are
located on the north side of the house and that there should be no issues with access. Although the new
wall /fence would encroach on city property, the current wooded fence /wall already occupies the same area.
My intent for going forward with this project is not to change any of the current agreements or rights the
city has, but to upgrade the look of the corner which would be beneficial for the property and the city.
Thank you for your assistance and please let me know if I can provide you with any additional information.
Sincerely,
Steve Boyle
Phone 972 - 304 -8176