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DR8802-CS 910910 ALBERT H. HALFF ASSOCIATES, INC. ENGINEERS * SCIENTISTS * SURVEYORS September 10, 1991 AVO 11562 D,~I.I.AS · ARLINGTON · CHICAGO * FORT WORTH 8616 NORTHWEST °LAZA DR!VE ,, DA_-AS. TEKA$ ;'5225 214'739-0094 ,, FAX 214 739-0095 Ms. Shohre Daneshmand, P.E. Acting City Engineer City of Coppell 255 Parkway Boulevm'd Coppell, TX 75019 Re: N. Kaye Street Easements - Final Project Submittal Dear Ms. Daneshmand: All thc easements required for thc North Kaye Street Drainagc lmprovcmcnts have been secured. F-nclosed herewith, please find the following: 1. Complete North Kaye Street Easements Progress Report 2. Report on easement special provisions affecting design 3. Files fo~ nll homeowners (19) conmlnin§ the original easement documents plus one copy 4. Carter & Burgess Drainage Plans with review comments. We recommend that you pay the required one dollar to each homeowner who granted an easemenL A copy of all the easement documents and the ~ort on special provisions affecting design has been sent to Terry Mitchell, Design Engineer, so that he can update, his cost estimate. It was a pleasure worldng with you, Larry Jackson, Larry Davis and Becky Davis on this project. I would like to commend the dedicated efforts of Becky Davis who served as the Public Notary on this project. Sincerely, Sophia Itiadou Enclosures cc (without enclosures): Alnn D. Ratliff, City Manager Gary L Sieb, Di~ctor of Planning and Community Services Larry Jackson, City Attorney Larry Davis, Construction Inspector TI~ANSPORT~,-~ON WATER PESOUI~CES ~.~N~ DEVELOPMEN- MoNIC-PA- ~k,~, RONMEt,,-.~[. S-=UCTL, R.~- SI.,=VEY~NG GLOBAu POSITION,r',G S¥S-EM (G o S ! =tEMO-E SENSING AND LANDSCAPE ARC~'I-ECTUF~E F-ANNI~G NORTH KAYE STREET EASEMENTS REPORT CITY OF COPPELL AUGUST/SEPTEMBER 1991 Name: Jerry M. Norton & Minnie J. Norton Address: ~ Coppell Telephone No.: 462-0861 DATE ACTION 08-13-91 Visit at their house. Their concern is if they will have any legal doc~,ments to at~_ach to their deed. I told them I'll find out and I will call them back. I explained and discussed the project with them, showed them the plans, and they signed the document. 08-16-91 After consulfng with the City Attorney, Mr. Jackson, I called them and ..- i~formed them that after the City gets back the originals from the County Clerk's office with recorded volume and page numbers, we will mail them a copy for their records. Name: Liilie Arnett c/o Clara Amett Address: 408 Coppell Telephone No.: 264-7675 DATE ACTION "- 08-10.91 Called - No answer. 08-14-91 Called Clara Amett and made an appointment to meet with her at the porch of the property which is vacant, at 5:00 p.m. When we met she said Lillie Arnett is at a nursing home and she has power of attorney to handle her affairs. Clara is lJillie's sister-in-law and she is 87 years oki. I asked her to send me a copy of the power of attorney. I explained the project to her, showed her the plsns and she signed the document. Name: Hu~h Brown & Sharon Lee Brow~ ~fldress: 420 Kaye Su-eet Telephone No.: 393-1344 DATE ACTION 08-10-91 Called - No Answer Page 1 EASEMENTS REPORT (cont.) DATE ACTION 08-12-91 Call in thc morning - Mrs. Brown, the grandmother, answered and she said they were not there. Visited their house in the afternoon - No answer. 08-13-91 Visit at their house. At the beginning they were unwilllqg to sign. Then by discussing the project with them and explaining to them what will be done, they changed their mind. They said they were very concerned about their two Texas Post Osks t_hat are located about 11 feet f, om the east fence and they are 2-3 feet in diameter. They do not want any root damage during construction. I told them this is something that can be done and I will consult with our Environmental Scientist for a specialist' opinion. They also wanted to know how far the pipe will extend into their property. They told me to come back tomorrow between 7:00-7:30 p.m. 08-14-91 Consulted with David Morgan on how trees can be damaged. He said roots extend underneath the uee canopy. One way they can be damaged is by root compaction, so he recommends to place a barricade fence around the tree during conswaction. Another way a tree can be damaged is by placing more than 6 inches of dirt on the root system, and another one by cutting the roots - a tree can survive with 60% of its root system. If you cut the roots you need to trim some limbs. He said a tree with iess than a foot diameter can be preserved with a 25%- 50% survival rate, but it's a very expensive process because you have to store alld m_~intaln iL Visited them at their house. I conveyed all this information to them, I told them thai _the pipe extends only 5 feet into their property, so their trees are safe, and they sizned the document. Name: Terry Lewis Address: 416 Kaye Street Teiephone No.: 471-1942 DATE ACTION 08-10-91 Called - No answer 08-12-91 Visited with his parents who llve in his house. Mr. Harold Lewis gave me his phone number and address and told me to call his son and make an appointment. The address is: Devon Development 4004 Be]tline, Suite 131 Addison, TX (214) 385-0508 Page 2 EASEMENTS REPORT (cont.) DATE ACTION 08-13-91 Called Terry Lewis at 9:00 a.m. Made an appointment to meet him at his office at 11:00 a.m. He met us at 11:50 a.m becanse he was busy - we discussed the project, showed him the plans, and he signed the document. Name: Gilbert Welch (deceased) Katherine Welch (wife) Address: 412 Kaye Street (Including property at 408 Kaye Street) Telephone No: 385-0508 Contact: Gilbert Welch (son) 471-2044 (home) 243-7141 (work) DATE ACTION 08-14-91 Called Gilbert Welch at 10:07 A_m., he was in a meeting; left message. Called back at 1:30 p.m. and again at 2:40 p.m; He said he will review the documents and call me back tomorrow to set up an appointment. He needs to review the documents first. 08-20-91 He called and s_~ked me to add several provisions. He wants to define that this drainage easement is for underground pipe only according to the existing design plans; time llmimtions (completion by September 1, 1992); grade easement area to drain into inlets; relocate back fence against existing wood fence. Consulted with Shohre Daneshmand and she okayed '-" provisions. Also consulted with the City Attorney. Fa.xed a copy to .~ Welch. 08-21-91 Called C. dlben Welch. He wasn't available. Called Terry Mitchell and asked him what method of grassing he wants. He said he has been waiting for an answer from the City. 08-22-91 Tsllred with C-ilben Welch. He wants to make revisions to his document and to also ,da the type of grass (he wants bermuda) and the method of planting. Consulted with Shohre D. and Terry M. and added that the method will be hydromulching. Made revisions/provisions and fa,xed him a copy. Made appointment to meet tomorrow at noon at his mother's house. 08-23-91 Visilrd at the house. Cfilben Welch reviewed document and his mother signed it. 09-03-91 Faxed him cover letter of progress retx)rt, as per Shohre Daneshmand's request. Page 3 EASEMENTS REPORT (cont.) Name: Sam Hamilton Howard & Sharon Kay Howard Address: 404 Kaye Street Contact: J.R. Howard (brother) 4~52-8796 DATE ACTION 08-12-91 Visit at thc house. J.R. Howard mid us he docs not want to mcct with us today and to come back tomorrow at 5:30 p.m. 08-13-91 Visit with J.P. Howard. He said he does not want to sign - although his is thc brother of thc owner, he will bc making thc decision - discussed with him thc reasons he docs not want to grant thc cascmcm. Hc said one of his con(cms is that thc casement wi]] bc used for other than drainage - I told him that it will not and explzined the project to him and showed him thc plans. He told us to come back on Thursday at 5:30 p.m. becansc hc wants to discuss this issue with some of his ncighSors first. 08-15-91 Visit with J.P. Howard. Hc said that at thc momcnt hc is not willing to grant thc casement` I asked him if it would bc O.K. to come back if all his neighbors sign - Hc said that will bc fmc. 08-16-91 Consulted with City Attorney and added some provisions to his document indicating his fights and the City's obligations, so that hc would fccl more cumformblc with signing it. 08-17-91 Visit at thc house - nobody is there. Left a copy with thc new provisions 08-22-91 Called J.R. Howard. Hc said hc docs not want to sign. I explained to him that he docs not loose any of his 19nd by granting an casement. I-lc said what if they connect pipes f:rom Spanish Moss. I told him the plans do not show such thing anti made an appointment to mcct with him tomorrow at 4:30 p.m., and show him thc plans. 08-23-91 Visit at thc house. I explained to him thc project once again, and also informed him on the set back zoning rcguladons. He said he does not want to sign, but he will do it since his neighbors did. He said hc will mll~ with his brother and will call mc back on Monday or Tuesday. 08-24-91 J.R. Howard called at 4:00 p.m. and gave mc thc number of his brother Sam Hamilton Howard in (}ordonville., TX, which is (903) 523-5053. At 8:00 p.m. X called his brother to make an appointment to meet him the next day. He told mc that I was lucky because tomon'ow is his wife's day off and maybe she can mcct us also, since she has to sign. She lives at Page 4 EASEMENTS REPORT (cont.) their home in Hawkln.% TX. He told me to call her and make an appointment to meet in Sadler, TX at 11:00 a.m. ! called her at (903) 769- 3469 (W) and she said she will make it, so I called him back to confirm our meeting. 08-28-91 Went to Sadler, TX (a 164 mile round trip), met with Sam and Sharon Howard, explained to them the project and they signed. Name: Sharon Brabham Address: 400 Kaye Street Telephone No.: 462-0596 DATE ACTION : 08-10-91 Called - No answer 08-12-91 Visited with her at her house - Discussed project and then she signed thc document. Nme: C.M. Gregg (deceased) Address: 340 Kaye Street Heirs: Billie Sisk Gerald Gregg C.M. Gregg (214) 539-2755 (H) (817) 430-1594 (H) (817) 686-2063 (H) (817) 481-2345 (W) DATE AC'I/ON 08-14-91 Called Billie Sisk and made an appointment to meet her at City H~ll at 4:15 p.m. I explained the project to her, showed her the plans, and she signed the document. I asked her to give me her brothers' phone numbers '-: and names since they need to sign, for she doesn't have a power of atto~,ley. :.. 1) Gerald Gregg (817) 430-1594 (H) (817) 481-2345 (W) 2) C2d. Grcgg (817) 686-2063(H) · , 08-23-91 Called C.M. Grcgg - left message with his wife. Called Gerald Gregg - left message with his daughter and also called him at work. Gerald Grcgg called me back - he said he'll go to the City Hall on Monday between 1-3 p.m. to sign. Page 5 EASEMI~.NTS REPORT (cont.) DATE ACTION 08-26-91 C.M. Gregg called me back - Gave him directions to the City I4~11 - He said he will be there at 3:00 p.m. to sign. He signed the document. 09-03-91 Gerald Crt'egg went to City Hsll and signed the document. Name: Noel Wisener (Deceased) Lola Mae Wisener Address: 336 Kaye Street Telephone No.: 462-0018 (H) DATE ACTION 08-12-91 Visit at the house - No answer 08-13-91 Visit with Mrs. Wisener. Her husband has been deceased for 5 years. -- Explained the project to her. She said she is very concerned about her garden and the small shed in her yard. l told her after construction, the contractor will put everythir~g back in its place. I showed her the plans and she signed the document. Name: David Moore Address: 332 Kaye Street Telephone No.: 471-1620 -. - DATE ACTION 08-12-91 Visit at the house - No answer 08-14-91 Called and made an appointment to meet with him at 5100 p.m. Met with him at his house. I explained the project to him and showed him the plans. He said he was very concerned that this was going to be an open . ditch. I told him that was not so, the easement was for an underground pipe and his yard would be repaired for damages done during construction. He told me where the problem areas are, and signed the document. Page 6 EASEMENTS REPORT (cont.) Name: Curtis Jones and Haze~ Edra Jones Address: 328 Kaye Street Telephone No.: 462-0520 (ti) (817) 282-3302 (W) DATE ACTION 08-14-91 Visit at the house. They both said they are not going to grant an easement, because when they were warning the City that this was going to happen the way Spanish Moss was graded and nobody listened to them. I told them that at least the City was doing something to correct the problem. I showed them the plans, I explained and discussed the project with them, but they still did not want to sign. They said where does it say that this is for underground pipe - how do they know that the City will not have a ditch in their backyard. Then they noticed that the Oregg property .:. owners granted only a 5-foot easement. They said they gave enough land already, when they came in 10 feet when they put the fence at the back, and when they gave 5 feet in front when the County consln~cted the curb on Kaye Street. If the City is williug to have the pipe go under their property without them granting an easement, then they are Willirlg tO negotiate. This would have to be done with a letter of agreement. He repeated that when Spanish Moss Court was under construction, he pointed out the upcoming drainage problem but nobody listened. 08-16-91 After consulting with the City Attorney, I added some provisions on their easement document that clarified their fights and the City's obligations. 08-17-91 Visit at the house. Gave a copy of the revised easement document to Mrs. '"' Jones, explained to her what the new provisions are and told her I win come by next week. 08-20-91 Visit at the house. Mr. Jones is at work. Discussed document with Mrs. Jones. She told me to can her husband tomunow at 8:00 a.m. 08-21-91 Caned Mr. Jones. He said he does not want to sign. I told him that he is one of a few people left yet to sign. He said he does not feel llke talking about it right now, but he will can me in a couple of days. 08-22-91 I mailed a note to Mr. Jones giving him my home phone number so they can reach me whenever they are ready to talk and sign. 09-05-91 Caned Mr. Jones at 8:30 p.m. We talked about the project and he said he will grant a 5-foot easement as long as the City moves his fence back where the easement ends. He said he does not want anybody later on if they need to make repairs to mess with his fence and his yard. I told him this is his land, why leave it outside the fence. He said as long as he does Page ? EASEMENTS REPORT (cont.) not lose his land that is what he wants ~o do. I told him I would check with thc City Attorney on this issue. 09-06-91 Consulted with thc City Attorney, Larry Jackson, and he said that Mr. Jones does not lose his land by moving his fence back, unless his neighbor moves his fence in Jones' property and claims it adversely. He said we can add a provision to move the existing fence from its present location to the south edge of thc 5-foot easement. Called Terry Mitchell, thc design engineer and told him about Mr. Jones' request. He expressed concern on maintenance, but he said if Mr. Jones can maintsir~ it, it is o.k. with him. Consulted with Ms. Daneshmand and she was very concerned about maintenance, if the easement is outside the fence, but she said since the City Attorney said it is o.k. and that is thc only way to get the casement let's go ahead and add this provision. Called Curtis Jones at 10:00 a.m. I told him tha~ the City agreed to move his fence, but I said why do it, since this is still his land. I explained to him that the City will use the underground for thc pipe but the surface is still part of his property. He said he does not want anybody to destroy his fence or his yard if they ever need to do repairs. I told him that if they ever need to go back and work on the pipe they will repair his fcnce and his yard as it is staled on provision No. 1 on his document. I assured him that he is cOVelT~ for this, and s_~ked him to think it OVer about the fcnce and I'll call him after lunch. I mode an appoinunent in the meanwhile to meet with them at 6:30 p.m. at their house. I called Becky Davis, the Public Notary, who was on vacation, and asked her if she could he there at 6:30 p.m. She said she would with plcasure. Called Mr. Jones at 3:18 p.m. and asked him if he still wants that provision about his fence. He said he does not. Visit~t them at their house at 6:30 p.m. We discussed thc project again, went over the provisions on their easemcnt document and they signed. Page 8 EASEMENTS REPORT (cont.) Name: Troy Glidewell and Patricia Giidewell Address: 324 Kayo Street Telephone No: 462-0202 (H) 462-1133 (W) DATE ACTION 08-14-91 Visit at thc house - Mrs. Glidewell said her husband is not home and to come back tomorrow after 4:30 p.m. 08-15-91 Visit at thc house - Discuss proj~t with Mr. Glidewell and showed him the plans. H_e told us how he felt about thc project. He said he would want to bring the easement 6 inches in from his property line. He is willing to grant a 5-foot easement only if everybody else signs. He expressed his concerns if this is going to be an easement for underground pipe only and he said he wants this provision on his document. 08-16-91 Consulted with thc Design Engineer, City Attorney and Shohre D. and " added thc provision on his document. 08-18-91 Visit at the house. Gave a copy with the new provisions to Mrs. GlidewelL Told her I will visit them next week. 08-20-91 Visit at the house. Mr. Glidewell asked if everybody signed. I told him slmost everybody. He said he wants another provision to say that these drainage improvements will be for Kayo Sue, et only. 08-21-91 Discussed the new provision with Shohre D. She said to consult with the City Attorney on this. I discussed it with him and we agreed to reference the plans also, so the two residents on Coppell Road will not be excluded. 08-29-91 Called Mr. Glidewcll. Told him everybody signed except him and Mr. Jones. He saki he will try to mllr to Jones. I gave him my phone number at home, so he can call me. I told him I need to know by tomorrow. 08-30-91 Called Mr. Glidewcll. He said he did not ,~llr to Mr. Jones last night, but he will try to t~llc tO him tonight or tomorrow and he will call me at home. I told him that Becky D., our public nota~, will be on vacation next week. He said they have a public notary in the Fire Depa~hucnt. 09-04.91 Called Mr. Glidewell at 4:00 p.m. They are in a meeting, so they have their calls received by another depa~ huent. 09-05-91 Called Mr. Glidewell at 11:00 a.m. and at 2:16 p.m. They have their calls received by another department. Page 9 EASEMENTS REPORT (cont.) DATE ACTION Called him at home at 8:00 p.m. I asked if he tglked to ~lr. Jones. He said he did, and Mr. Jones will grant a 5-foot easement if his fence is moved back, 5 feet to thc south. 09-06-91 Called Troy Gildewell at 10:20 a.m. Told him that everybody signed and the Jones will sign tonight, and made an appointment to meet at his house at 7:00 p.m. Visil~d them at their house at 7:00 p.m. He said that this transaction is not legal until the City pays $1.00 for the easement as stated. I told him I was going to tell this to the City. We went over the easement document, and they signed. Name: Dean Henson and Kathleen Henson Address: 320 Kaye Street Telephone No: 462-0905 (H) DATE ACTION 08-14-91 Visit at the house. He complained about thc drainage problem caused by Spanish Moss development. I explained and discussed the project with hill and showed him the plans. He said they did not )~ke spot elevations, they used the old topography, so how does he Imow this is the right size for the pipe? He said he had a lot of questions on the design criteria. I suggested that he r~llr to the design engineer. He asked for thc design en~neer to call him after 4:00 p.m. He said he was concerned that thc inlets would get clogged up. He said he is willing to p~ant a 5-foot easement if the line goes by the fence. He said why do they have to do this project, why don't they open the swales between the houses across the fence. I reminded him that this was an approved project by the Council. 08-15-91 Called Shohre D. and informed her on the situation. She told me to contact the design engineer. 08-16-91 Consulted with Design F. ngineer and he okayed the 5-foot easement Added the provisions on the document. We caned Dean Henson from Terry's office at 4:00 p.m. but Dean did not have time to t~lk with Terry. 08-17-91 Visit at the house. Nobody is there, so I left a copy with the requested provisions in his mail box. 08-20-91 Visit at the house. Discuss project and provisions. He wanted to delete the last par~ of the provision that says "as nearly as practical taking into Page 10 EASEMENTS REPORT (cont.) consideration thc nature of the work heing perf~,~med*', this refcning to Grantee return the surface area to its ori~inai condition. I called Shohre D. She said okay, let's delete it. We deleted it and they signed. Nsme: DwiF. ht Walker Address: 316 Kaye Sm~et Telephone No: 462-0842 (H) 418-4139 (W) DATE ACT[ON 08-15-91 Visit at the house. Discussed the project and showed ]~im the plans. He showed me where the problem was in his back yard. He said he is willing to 8~tnt easement if they will put a tempo~u'y fence tied to his house to restrict his dogs during construction. Also he wants the City to repair any damages to his yard if they need to m_sl~e repairs to the pipe. 08-16-91 Consulted Shohre D. and she okayed the provisions. 08-17-91 Visit at the house. Nobody is there. Left a copy of thc document with thc provisions in thcir mail box. 08-20-91 Visit at the house. Nobody is there. 08-22-91 Called him at work and left message. 08-25-91 Called at 8:55 p.m. Hc said they were out of town on vacation. Made appointment to mcct on Tuesday. 08-26-9! He c~lh-d and asked if we can mcct today. Met at City Hall, di~¢nssed project and hc simied. He requested a copy of thc plans at his property and also of the grate inlet. Sent hin~ the copies. Name: Matthew Johnson Address: 312 Kaye Street Telephone No.: 393-3764 (H) 404-1173 (W) DATE ACTION 08-15-91 Visit at the house. He said his parents appear on thee document because they co-signed his mortgage, but acpm~!y the property is his. I explained and discussed the project with l~im and showed him the plans. He said he is willing to grant the easement und~ the special provision that the Page 11 EASEMENTS REPORT (cont.) contractor will demolish and remove the shed from this back-yard. I consulted with Larry Davis and Shohre Danesb_mand and they said O.K. The shed is approximately 10' x 15'. 08-16-91 I consulted with the City Attorney and put the provision he requested. 08-17-91 Visit at the house. He si~ned the document. '- Name: Steven Cason and Vicky L. Cason Address: 308 Kaye Street Telephone No.: 579-9001 (ID : 949-6255 OIO DATE ACTION 08-14-91 Called Vicky Cason and made an appointment to meet with them at their property, which is vacant due to renovations, at 7:00 p.m. tomorrow. 08-15-91 Met at their property - Steve Cason complained about the flooding problem caused by Spanish Moss. I told him that at least the City is doing something about it. I explained the project and showed him the plans. He said he is willing to grant a 6.5 foot easement provided they will not disturb his shed. He also wants a provision that he can use the surface of the easement. Told him I will consult with the City and the Design Engineer and I will call him back. :' 08-16-91 Consuked with Terry Mitchell He said a 6-foot easement will be O.K. Consulted with Larry Jackson, City Attorney. Put provisions on easement ~umcnt. 08-19-91 Called them and told them that the document is ready for them to sign. Steve Cason said he wants an extra provision that the drainage easement --. will not go thru his storage building. I told him we will do that, and made an appointment for them to sign. 08-20-91 Met at their property. We discussed the provisions, and they signed. Page 12 EASEMENTS REPORT (cont.) Name: Gary D. Adams Address: 304 Kayo Street Co~vact: Christopher Fitch 471-1099 (h) DATE ACTION ~ 08-15-91 Christopher Fitch is on a lease-purchase agreement with Mr. Adams. His father, Joe Fitch negotiated the document with mc. He said that they will grant thc easement if the temporary construction easement does not disturb their shop building. He asked me to mail thc easement document to him and he will have Mr. Ad,ms to sign it when he comes back from their vacation next week. He said Mrs. Adams is a public notary, so the document will be notarized. Mail to: Joe Fitch 449 Harris K103 CoppeIl, TX 75019 05-16-91 Consulted with the Design Engineer and thc City Attorney and added the provision. 08-27-91 Called $oe Fitch (393-2945). He will have Adams sign the document tomorrow. 08-28-91 Si~ned. delivered the document to City H~II, Name: Leon Nigo, Jr. (Granted property to wife after divorce) · : Fay P. Nigo Address: 300 Kayo Street Telephone No: 462-1685 (H) 721-2482 (W) DATE ACTION 08-15-91 Visit at the house. Mrs. Nigo said she works for the City of Irving and showed her document to their City Attorney. He told her to have some provisions added. She wants time limi~atiOllS (we agreed on 24 months); thc casement not to be used as right-of-way, and to indicate this is for underground pipe only. 08-16-91 Consulted with Sholt~ D., thc City Attorney and made provisions. Called her and made an appointment to meet her at her house tomorrow at 1:00 pan. Parc 13 EASEM~.NTS REPORT (cont.) DATE ACTION 08-17-91 Visit at thc house - She was not there. Left a copy in her mail box. 08-19-91 Called her and made an appointment to meet her tomorrow at 5:00 p.m. 08-20-91 Visit at the house. Discussed provisions, explained the project to her again and she signed. Name: Om Singla, Ph.D. 462-0421 (ID 24%8816 (W) Pramod Blmsal, Ph.D. 470-9424 ~ " 951-3216 (W) Address: Tract at East End of Kaye Street DATE ACTION 08-15-91 Called Om Singla at his office - they told mc he was attending a scminar. 08-20-91 Called Om Singla - He will be back tomorrow - He is out of town. 08-21-91 Called Om Singla - met with him at his office. He said he told Shohre D. that he wants them to mm the pipe on a different angle so they would not '- need so much of his property. He also said he wants an inlet on his property. He asked mc to cont~ his partner. 08-22-91 Discussed Singla's request with Teny M. Ten'y said he prefers the pipe to bend on a 45° angle. I checked with the zoning regulations on the set back rules. Called Singla and told him he has to leave 10-feet fxom the back property line if he wants to build an accessory building, so he is not loosing any rights by granting the easement. Consulted with the City Attorney and faxed him copies of the zoning regulations. 08-23-91 City Attorney said if they want to b,_,i!d right at the easement the City Council would have to grant a variance. 08-26-91 Called Pramod Bansal - Left a message on his answering machine. 08-2%91 Called P. Bansal at his home. Left message. 08-28-91 P. Bansal called. He said he wants a provision for the inlet and made an appointment to meet him tomorrow at 9:00 a.m. at his office. Page 14 EASEMI~NTS REPORT (cont.) DATE ACTION 08-29-91 Met with P. Bausai. Consulted with the City Attorney who made a provision that they can b~ild~ adjacent to thc easement. We cailed Om Singla and he did not want to grant 45 feet Talk~ with Terry M. and asked him to call Singla. Terry said Singla did not agree. I talke~l to P. Bansal and told him that they were not loosing anything from this case. We tried to call Singla, but he was busy. We left and I got in touch with Singla lot_~. Talked with P. Bansai and he said they decided to grant the easement if we add the new provision. I added this provision that Larry Jackson p~pared, and made appointments to meet. We visited first P. Ban.~ai and then Om $ingla at their offices and they sit, ned. Name: Mr. Bl~e Svejkovsky Address: 331 Spanish Moss Court Telephone No.: 828-8695 (W) DATE ACTION 09-11-91 Called Mr. Svejkovsky at 5:15 p.m. No answer. 09-13-91 Called Mr. Svejkovsky at 10:00 a.m. Left message on his answering machine at the office. He called me back at 11:20 a.m. ! info~'med him that we got ali the easements for the Kaye Street Drainage Improvements and the City is going to use the utility easement on thc cast side of his property. He said this is the first time he heard about using t_h¢ utility easement and he wants to meet and discuss the project with me. He said why the City does not buy an easement to the west side of his property. I s~id because everybody else granted an easement. He said they have a problem though, whil~ he does not. I said not all of them have a problem but they ~anted an easement to help their neighbors. He said according to his lawyer the City cannot use the utility easement for drainage. I said according to the City Attorney they can use it. Wc agreed that I will call hinl back on 09-23-91, since he will he out of town until then, to make an appointr~cnt and meet with him to go over the plans and discuss the project Talked with Shohre D. at 3:30 p.m. Told her about my conversation with Mr. Svejkovsky and that I was pla~nlng to meet with him aithOUgh ! ~ OUt of budget She said that she will he available to meet with him also if that is necessary. 09-16-91 Consulted with Larry Jack-~on, City Attorney. He said the City can use a utility easement for drainage unless it is classified for a specific use only. Page 15 EASEMENTS REPORT (cont.) Name: ~. & Mrs. Kent Darwin Address: 327 Spanish Moss Court Telephone No.: 462-0074 (H) 324-8235 (W) DATE ACTION 09-11-91 Called Mr. Darwin at 5:20 p.m. I told him ~_ho~: I called to inform him that we got all thc easements for the Kayo Street Drainage Improvements and the City is going to use the u~lity easement on thc west side of his property. He said that nobody called him from the City to discuss this project with him. I told him that the City sent him a letter on April 30, 1991, and they went by his house on Wednesday, May 8, at 2:00 p.m., but nobody was at home. He said they were out of town. He wants somebody from the City to call him officially and explai~l the project to him. He said they have 6-foot rose bushes in the easement area and he does not want them disturbed. He said why doesn't the City use the 1st alignment; just because his neighbors complained why does he have to pay for it. I told him that the City will repair the damages due to construction. He said they will be on vacation, but he wants somebody from the City to call him on September 23, 1991. Talked with Shohre D. I told her about my conversation with Mr. Darwin. She said she will call him on the 23rcL 09-13-91 Talked with Shohre D. Told her ~hat I will call Mr. Darwin on 09-23-91 and I will try to meet him after I meet with his neighbor, Mr. Svejkovsky. I told her I am out of budget for this, but I am planning to do it. Page 16