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DR8802-CS 910906DATE: September 6, 1991 TO: Alan D. Ratliff, City Manager VIA~p~ Sieb, Dir. of Planning & Com. Serv. N. Kay Street Drainage Improvement (Drainage Easements) Attached please find a copy of A. H. Halff & Associates' summary report, dated August 30, 1991, as result of Ns. Illiadou's work on this project. Please note that 17 out of 19 easements have been signed by affected residents. Ms. Illiadou is currently negotiating with Mr. Jones & Mr. Glidewell to obtain necessary easements. If you have any questions, please let us know. Attaclment cc: Larry Jackson - City Attorney Larry Davis - Development Inspector · U[ SEP - 4 1991 _, ALBERT H. HALFF ASSOCIATES, INC. ENGINEERS · SCIENTISTS · SURVEYORS DALLAS. ARLINGTON · CHICAGO. FORT WORTH 86' 6 NORTHWEST O.-AZA D~IV£ · CAL..AS TF~v,~S 75225 2' 4-739-0094 · FAX 2 ' 4 739-0095 August 30, 1991 AVO 11862 City of Coppell Engineering Depa, t~ent P.O. Box 478 Coppell, TX 75019 Atto: Ms. Shohre Daneshmand, P.E. Acting City Engineer Re: N. Kaye Street Easements Summary Report Dcm' Shohre: ! have called and visited with all homeowners affccL,~l_ by the N. Kayc Street drainage improvemeats. We have obtained 17 out of the 19 casements. Attached arc the reports summarizing the results of our efforts. Negotiations with thc two remaining homeowners, Mr. Jones, 328 Kaye, and Mr. Glidewell, 324 Kaye, are in progress. Sincerely, ALRERT H. I-LALFF ASSOCIATES, INC. Sophia Iliadou Enclosures cc: Mr. Gilbert Welch (without enclosures) SJR~YING ..G_OBAL POS-TION NG SYSTEM tS P S; ;~E¥CTE SENS KG .M~.D YAPPING Name: Jerry M. Norton & Minnie J. Norton Address: 404 Coppell Telephonc No.: 462-0861 DATE ACTION 08-13-91 Visit at their house. Their concern is if they will have any legal documents to attach to their deed. I told them I'll find out and I will call them back. I cxpl,ined and di_~ussed the project with them; showed them the plans, and they si~ned the do~manL 08-14-91 After consulting with the City Attorney, Mr. Jackson, I called them and inf,,~,meAi ~ 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 fo~ their records. Nnme: Lillie Arnett eye Clara Arne~ Addrcss: 408 Coppell Telephone No.: 264-7675 DATE ACTION 08-10-91 Called - No answer. 08-1491 Called Clara Arllctt And mRde an appointment to meet with her at the porch of the property which is vacant, a~ 5:00 p.m. When we met she said Lillic Amett is at a nursing home and shc has power of attorney to handle her affairs. Clara is l.illle's sister-in-law and she is 87 years old. I A~lced her to send me a copy of the power of attorney. I explained the project to her, showed her thc plans and she signed the docnment. Name: Hugh Brown & Sharon Lee Brown Address: 420 Kaye Street Telephone No.: 393-1~!~. DATE ACTION 08-10-91 Called- No Answer 08-12-91 Call in the morning - Mrs. Brown, the grarldmother, answered and she said they were not there. Visiw. d their house in the afternoon - No answer. Page 1 DATE ACTION 08-13-91 Visit at their house. At the be~oinning they were unwilli~lg to sign. Then by di~ussing the project with them and explaining to them what will be done, they changed their min~L They said they were very concerned about tbeit two Texas Post Oaks that are locatea_ about 11 feet fa*om the east fence and they arc 2-3 feet in diameter. They do not want any root d~m~e during construction. I told them this is something that Can be done and ! will consult with our P~nvironmental Scientist for a specialist' opinion. They also wanted to know how far the pipe will extend into their p~operty. They told mc to come back tomorrow between 7:00-7:30 p.m. 08-14-91 Consulted with David Morgan on how trees can be tl~m~ged. He said roots extend underneath thc tree canopy. One way they can be damaged is by root compaction, so he recommends to place a barricade fence around the tree during consmaction. Another way a tree can be d~m~ged is by placing more th~n 6 inches of dirt on the root system, and another one by cuuing the roots - a tree can survive with 60% of its root system. ~f yOU CUt the roots you need to film some limbs. He said a tree with less than a foot diameter can be preserved with a 25%- 50% stcrvival rate, but it's a very expensive process because you have to store and m.int.in iL Visited them at their house. I conveyed all this information to them, I told them that the pipe extends only 5 feet into their property, so their frees are safe, and they signed the document. Name: Terry Lewis Address: 416 Kaye Street Telephone No.: 471-1942 DATE ACTION 08-10-91 Called - No answer 08-12-91 Visited with his parents who live in his house. Mr. Harold Lewis gave mc his phone number and address and told mc to call his son and make an appointment. The address is: Devon Development 4004 Be]tline, Suite 131 Addison, TX (214) 385-0508 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 because he was busy - wc dLea~ussed the project, showed him the plans, al/d he siLrlted the do(:umeat. Page 2 Name: Gilbert Welch (deceased) Katherine Welch (wife) ~,,~d~css: 412 I/aye Street 0ncl-dlng property at 408 Kaye Street) Telephone No: 385-0508 Contact: Gilbert Welch (son) 471-2044 ~ome) 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 thc docnments and call me back tomorrow to set up an appointa~cnt. He needs to review thc docnmcnts fxrst. 08-20-91 He called and asked me to add several provisions. He wants to define that this drainage easement is for underground pipe only according to thc existing design plan.% tirrm limitations (completion by September 1, 1992); grade casement area to drain into inlets; relocnte back fence against existing wood fence. Consulted with Shohre Daneshm. and and she okayed provisions. Also consnlted with the City Attorney. Faxed a copy to Welch. 08-21-91 Called Gilbert Welch. He wasn't available. Called Terry Mitchell and asked him what method of grassing he wants. He said hc hag been wailing for an answer from thc City. 08-22-91 Talked with Gilbert Welch. He wants to matte revisions to his docnment and to also add thc type of grass (he wants bermuda) and thc method of planting. Consulted with Shohre D. and Terry M. and added that thc method will be hydromulchlng. Made revisions/provisions and fnxed him a copy. Made appointment to meet tomorrow at noon nt his mother's house. 08-23-91 Visited at the house. Gilbert Welch reviewed docnment and his mother sinned it. Name: Sam Hamilton Howard & Sharon Kay Howard Address: 404 Kaye Street Contact: J.IL Ho~vard Cox'other) 462-8796 DATE ACTION 08-12-91 Visit at the house. J.R. Howard told us he does not want to meet with us today and to come back tomorrow at 5:30 p.m. Page 3 DATE ACTION 08-13-91 Visit with J.R. Howard. He said he does not want to sign - although his is thc brother of the owner, he will be m:~king the decision - discussed with him the reasons he does not want to grant the easement. He said one of his concerns is that the easement will be used for other than drainage - [ told him that it will not and explained thc project to him and showed thc plans. He told us to come back on Thursday at 5:30 p.m. because he wants to discuss this issue with some of his neighbors first. 08-15-91 Visit with J.R. Howard. He said that at the moment he is not willing to grant the easement. I asked him if it would be O.K. to come back if ~11 his neighbors sign - He said that will be fine. 08-16-91 Consulted with City AUol'ney and added some provisions to his document indic~tiug his fights and the City's obligations, so that he wo~_dd feel more comfortable with si?ing it. 08-17-91 Visit at the house - nobody is there. Left a copy with the new provisions 08-22-91 Called J.R. Howard. He said he does not want ro sign. I explained to him that he does not loose any of his land by granting an easement. He said what if they connect pipes from Sl~nish Moss. I told blm the plans do not show such thing and made. an appointment to meet with him tomorrow at 4:30 p-m-s and show him the plans. 08-23-91 Visit at thc house. I explained to him the project once again, and also infosxhed him on the set back zoning reg~l_s__tious. He said he does not want to sign, but he will do it since his neighbors did. He said he will tallr with his b~other and will call me back on Monday or Tuesday. 08-24-91 J.R. Howard called at 4:00 p.m. and gave me thc number of his brother Sam Hamilton Howard in Gordonville, TX, which is (903) 523-5053. At 8:00 pm: I called his brother to make an appointment to meet him thc next day. He told me that I was lucky because tomorrow is his wife's day off and maybe she can meet us also, since she has to sign. She lives at their home in Hawkins, TX. He told me to call her and mslte an appointment to meet in Sadler, TX at I l:00 a.m. I called her at (903) ?69- 3469 (W) and she said she will m~lre it, so I called him back to confirm our meedng. 08-28-91 Went to Sadier, TX (a 164 mile round trip), met with Sam and Sharon Howard, explained to tham the project and they signed. Page 4 Name: Sharon Brablmm 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 the document. Name: C.M. Gregg (deceased) Address: 340 Kayo Street Heirs: Bil#e Sisk Gerald Gregg C.M. Gregg (214) 539-2755 (H) (817) 430-1594 (H) (817) 686-2063 (H) (817) 481-2345 (W) DATE ACTION 08-14-91 Called Billie Sisk and made an appoiuiment to meet her at City Hail at 4:15 p.m. I explained the project to her, showed her the plans, and she si~ned the document. I asked her to give me her brothers' phone rmmbers and names since they need to sign, for she doesn't have a power of attorney. 1) Gerald Gregg (817) 430-1594 (H) (817) 481-2345 (W) 2) C.M. Gregg (817) 686-2063(H) 08-23-91 Called C.M. Gregg - left message with his wife. Called Gerald Gregg - left message with his daughter and also called him at work. Gerald Gregg called me track - he said he'll go to the City H~ll on Monday between 1-3 p.m. to sign. 08-26-91 CaM. Gregg called me back - Gave ]~im directions to the City I-lnli - He said he will be there at 3:00 p.m. to sign. He signed the docnmgllL Name: Noel Wisener (Deceased) Lola Mae Wisener ?-q,tress: 336 Kaye Street Telephone No.: 462-0018 (I-I) DATE ACTION 08-12-91 Visit at the house - No answer Page 5 DATE ACTION 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 ~ yard. I told her after construction, the conu'actor will put everything hack 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 mad~. an appointment to meet with him at 5:00 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 casement 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. Ns,ne: Curtis Jones and Hazel Edra Jones Aaaress: 328 Kayo Street Telephone No.: 462-0520 (H) (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 thnt at least thc City was doing SOmething to correct thc problem_ I showed them the plans, I explained and discussed the project with them, but they still di,q 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 b~k'yard. Then they noticed that the Gregg property owners granted only a 5-foot easement. They ~id they gave enough land already, when they came in 10 feet when they put the fence at the back, and when they gave S feet in f~ont when the County eons~ue~ed the curb on Kaye Street. If the City is willing to have the pipe go unch~r their property without them granting an easement, then they are willing 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. Page 6 DATE ACTION 08-16-91 After consul*ing with the City Attorney, I added some provisions on their easement do,~ment that clarified their rights and the City's obligations. 08-17-91 Visit at the house. Gave a copy of the revised easement document to Mrs. Jones, explnined to her what the new provisions are and told her I will 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 call her husband tomorrow at 8:00 a.m. 08-21-91 Called 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 docs not feel like talking about it right now, but he will call 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 tall: and sign. Name: Troy Glidewell and Patricia Giideweil Address: 324 Kaye Street Telephone No: 462-0202 (H) 462-1133 (W) DATE ACTION 08-14-91 Visit at the house - Mrs. Olidewell said her husband is not home and to come back tomorrow after 4:30 p.m. 08-15-91 Visk at the house - Discuss project with Mr. Glidewell and showed him the plans. He told us how he felt about the project. He said he would want to bring thc casement 6 inches in from his property linc. He is willing to grant a S-foot casement only if everybody else signs. He expressed his concerns if this is going to be an easem~nt for underground pipe only and he said he wants thi~ provision on big document. 08-16-91 Consulted with the Design Engineer, City Attorney and Shohre D. and ~drl,~d the provision on his document. 08-18-91 Visit at the house. Gave a copy with the new provisions to Mis. 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 nlmost everybody. He said he wants another provision to say that these drainage improvements will he for Kaye Street only. Page 7 DATE ACTION 08-21-91 Discussed the new provision with Shohre D. She said to consult with the City Attorney on this. I disolssed 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. (.~lideweil. Told him everybody signed except him a~d Mr. Jones. He Mia he will uy to tAllr to Jones. I gave him my phone number at home, so he Call Call me. I told him I need to Icnow by tomorrow. 08-30-91 Called Mr. GlidewelL He said he did not tAllr to Mr. Jones last night, but he will t~y to t~l~ to him tonight or tomorrow and he will call me at home. I told him that Becky D., olir public nota~, will be on vacation next week. He said they have a public notary in the Fire Department. Name: Dean Henson and Kathleen Henson ~aaress: 320 Kaye Street Telephone No: 462-0905 (ti) DATE ACTION 08-14-91 Visit at the house. He complained about thc dl'ain~ge problem caused by Spanish Moss development. I explained and discussed the project with him and showed him the plans. He said they did not tAIre spot elevations, they used the old topography, so how does he know this is the right size for the pipe? He said he had a lot of questions on the design criteria. I suggested that he talk to the design en~neer. He s~lred for the design engineer to call him after 4:00 p.m. He said he was concerned that the inlets would get clogged up. He said he is willing to l~mt 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 E~neer and he okayed the 5-foot easement. Added the provisions on the document. We called Dean Henson from Terry's office at 4:00 p.m. but Dean did not have 6me to talk with Terry. 08-17-91 Visit at the house. Nobody is there, so I left a copy with the requested provisions in his mai! box. 08-20-91 Visit at the house. Discuss project and provisions. He wanted to delete the lsat part of the provision that says "as nearly as practical taking into consideration the vsmre of the work being performed", this referring to P~gc 8 Grantee return the surface area to its original condition. I called Shohre D. She said okay, let's delete it. We deleted it and they signed. Name: Dwight Walker Address: 326 Kaye Street Telephone No: 462-0842 (I-1) 418-4139 (W) DATE ACTION 08-15-91 Visit at the house. Discussed the project and showed him the plans. He showed me where the problem was in hi.~ back yard. He said he is willir~g to grant easement if they will put a te~,~ fence fled to his house to restrict his dogs during construction. Also he wants the City to repair any ttamnges to his yard if they need to make 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 the document with the provisions in their 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. He said they were out of town on vacation. Made appointment to meet on Tuesday. 08-26-91 He called and asked if we can meet today. Met at City Hall; discussed project and he signed. He requested a copy of the plans at his property and also of the grate inlet. Sent him the copies. Name: Matthew Johnson Address: 312 Kaye Sueet Telephone No.: 393-3764 (H) 404-1173 (W) DATE ACTION 08-15-91 Visit at the house. He said his parents appear on the document because they co-signed his mortgage, but actually the property is his. I explained and discussed the project with him and showed him the plans. He ~ia he is willing tO grant thc easement under the special provision that thc contract~ will demolish and remove the shed from this backyard. I Page 9 consulted with Larry Davis and Shohre Daneshmand and they said O.K. The shed is approximately 10' x 15'. 08-16-91 I consulted with thc City Attorney and put thc provision he requested. 08-17-91 Visit at the house. He signed thc document. Name: Steven Cason and Vieary L. Caaon Address: 308 Kaye Street Telephone No.: 579-9001 (H) 949-6255 DATE ACTION 08-14-91 Called Vicky Cason and nnnde, an appoin_tmcnt to meet with them at their property, which is vacant due to renovations, at 7:00 pm~ 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 Consulted with Terry Mitchell He said a 6-foot easement will be O.K. Consulted with Larry Jackson, City Attorney. Put provisions on easement document. 08-19-91 Called them and told them that the doc~mcnt is ready for them to sign. Steve Ca.son said he wants an extra provision that the drainage easement will not go thru his storage building. I told ~im we will do that, and matte an appointment for them to sign. 08-20-91 Met at their property. We discussed the provisions, and they signed. Page 10 Name: Gary D. Adams Address: 304 Kaye Street Contact: 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 me. He said that they will grant the easement if the tempora~ consuuction easement does not disturb their shop building. He asked me to mail thc easement doc,meat to {mira and he will have Mr. Adams 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 noutrized. Mail to: Joe Fttch 449 Harris I(103 Coppell, TX 75019 08-16-91 Consulted with the Design En~neer and the City Attorney and added the provision. 08-27-91 Called Joe Fitch (393-2945). He will have Adnmm sign the doc-ment tomO1TOW. 08-28-91 Slimed, deHveuxl the doc,,ment to City Hall. Name: Leon Nigo, Jr. (Granted property to wife after divorce) Faye P. Nigo Address: 300 Kaye Street Telephone No: 462-1685 (H) 721-2482 (WV) DATE ACTION 08-15-91 Visit at the house. Mrs. Nigo said she works for the City of Irving and showed her doc-ment to their City Attorney. He told her to have some provisions added. She wants time limitations (we agreed on 24 months); the easement not to be used as fight-of-way, and to indicate this is for underground pipe only. 08-16-91 Consulted with Shohre D., the City Attorney and ~ad,-. provisions. Called her and n~ad,~ an appoivtment to meet her at her house tomorrow at 1:00 p.m. 08-17-91 Visit at the house - She was not there. Left a copy in her mail box. Page 11 08-19-91 Called her and wade. 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 sianed. Name: Om Sin,,ia, Ph.D. 462-0421 (H) 247-8816 (W) Pramod Bantml, Ph.D. 470-9424 (H) 951-3216 (W) Address: Tract at East End of Kaye Street DATE ACTION 08-15-91 Called Om Singla at his office - they told me he was attending a seminar. 08-20-91 Called Om Singla - He will be back tomorrow - He is out of town. 08-21-91 Called Om Sing]a - rn~_t with him at his office. He said he told Shohre D. that he wants them to turn the pipe on a different angle so they would not need so m~ch of hi.~ property. He also said he wants an inlet on his property. He a~ed me to contact his partner. 08-22-91 Discussed $ingla's request with Terry M. Terry said/ac prefers the pipe to bend on a 45° angle. I cheeked with thc zoning regulations on thc set back talcs. Called Singla and told him hc baa tO leave 10-feet from the back property linc if hc wants to build an accesso~ building, so be is not loosing any rights by granting the easement. Consulted with thc City Attorney and faxed him copies of thc zoning regulations. 08-23-91 City Attorney said if they want I~ build 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. 08-27-91 Called P. Bannal at his home. Left message. 08-28-91 P. Banaal 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. 08-29-91 Met with P. Banntl. Consulted with the City Attorney who roarl¢ a provision that they can build adjacent to the easement. We called Om Singla and he did not want to grant 45 feet. Talked with Terry M. and asked him to call $ingia. Terry said Singla did not agree. I talked to P. Page 12 Ballsal and told him that they were not loosing anything from this case. We lried to call Singht, but he was busy. We left and I got in touch with Singla httcr. Tnlked with P. Bansal and hc said they decided to grant thc easement ff we add thc new provision. I added thi.~ provision that Larry Jackson prepared, and made appointments to meet We visited first P. Bansal and then Om Singla at thcir offices and they signed. Page 13 "~ COURT ~.,- - --,.~ ~,-';~;; ""' ~ '~p MOSS '"~-- '1MOSS COURT ~ ANI,.Shl ~ .... I w-- ] '~ " , ' .; ~ .,,.t '- '0' I "' ,~, t ,,, [ '" I · ,. ....... ~.. , ,~ ,, , , , ~ ..... ~ , ~ --. · 1 ........ ,'"'~'"~'~ ~~~'~ .... ~'T~-_ " ' '~ - - ~ ~~-~~- "-'~-~--~--:~-~--]-":~"~i~- ' I<AYE ROAD L