DR8802-CS 910614 -FILE COPY
1% O. BOX 478
GOPPELL~ TEXAS 75019 DA'~: I ~:
~/~4191 I KAYE STREET. DRAINAGE
(214) 462-0022 A~:
~: ~. Gilbert Welch 331 S~ ~1
11~26 ~di~ ~ail ~. Blake Svejkovsky
Dally. Texas ~5~9
243-7141 FAX ~484-18~6
~E S~ING YOU [ ] A~ached [ ] Under Separate ~ve: via the foll~ it~:
( ] ~rk Up Plans [ ] P~ans [ ] ~r~nts
[ ] Copy of Htnuces [ ] Copy of Letger [ ] S~cifi~tim
[ ] ~nSe order [ ]
~PIES DATE NO . D~I~ON
ARE TR~qSHI'r~--- as checked baler:
[X ] For Your Use [ ] Approved es Bored
[ ] As Requested [ ] Approved es SubuiCted
[ ] For Reviev & Co~ent [ ] Note & Reply To:
[ ] Returned for Corrections [ ] Note & forward To:
[ ] lesubuit .Copies for Approval [ ] Submit Coptee for Distributiou
[ ] bturu Corrected Prints [ ] hturu hrkup Plmm with Corrections
five-foot ($') drainage
will keep you infamY.
Dlscription: This document describes the conditions for
granting a five foot wide easement with one drain opening on
the west side of 331 Spanish Moss Coppell, Texas. This ease-
ment is granted for drainage only.
Conditions of Easement
1) Total Job duration shall take no more than three weeks within
the boundaries defined by 331 Spanish Moss, start to finish.
The start of the Job shall be define~_..~..th~ first dey ground
is broken or the f~Es~d~Tf~:'~emoved.
The completion of the project shall be defined as the day that
both the property owner and city representitive walk through
the effected property and both agree that all conditions of
this agreement have been met.
2) A fee of $100.00 per day shall be paid to Blake SveJkovsky
for animal boarding, safety hazards and inconvienience during
the three week work period. All charges shall be based on whole
day time periods, including weekends.
3) A ~lty of ~20~.00 ~l~r .~,#~l~.~....~#~ls~..l~.~aid to Blake
SveJkovsky for each day over
4) Access to the described property that requires entrance to the
back yard(fenced in portion) before the start day, shall require
a $50.00 per day charge paid in advance to Blake SveJkovsky
and fourty eight hours written notice.
5) The window for starting this task shall begin when this
agreement is signed and shall end on November 15, 1991, at
which time this agreement is null and void.
6} Ail landscaping and grass shall be returned to like
co~d~.'~ ~'! ~'_~ ~--..b~ n~ eight ~ white
wood fences to match the existing style. ~rass shall be
resoded with high quality common bermuda.
7) A sum of $6500.00 shall be paid to Blake SveJkovsky for
property devaluation and restrictions of future land use. Including,
landscaping, pool installation, deck installation or others.
8) Access to the property after the completion date, shall
require fourty eight hours written notice and $100.00 per day.
June 7, 1991
Mr. Terry Mitchell
Carter & Burgess
7950 Elmbrook Drive, Suite 250
Dallas, TX 75247
Re: Kaye Street Drainage
Dear Mr. Mitchell:
The attached easement documents are being returned per modification
discussed in our last meeting. Please forward easement documents back to
the engineering office by Tuesday, June 11, 1991.
If you have any questions, please call me at 393-1016.
Construction Inspector
CLD/bd
cc: Alan D. Ratliff, City Manager
Gary L. Sieb, Director of Planning and Community Services
M. Shohre Daneshmand, Acting City Engineer
Gilbert Welch
LTRMITCH
,~ ~RTER & BURGESS, INC.
ENGINEERS' PLANNERS- SURVEYORS
June 6, 1991
C~ of
P.O. Box 478
Coppoll, Texas 75019 i~!i I 11 i
RE: Kayo Street Drainage
Dear Lan~.
collld increa~ substantially if the Olltfall location I have chosen is not adequate.
Let me ~now if you need any more information.
Sincerer,
CARTER & BURGESS, INC.
Terry W. Mitchell, P.E.
~:~i~t,
;'950 ELMlaROOK D~./STE 250/DALLAS, TX 75247-4951/(214) 638-0145
DALLAS · FORT WORTH · HOUSTON, TEXAS
FORT MYERS, FLORIDA
MRMORANDUM
June 3, 1991
TO: Alan D. Rati~ t~ Manager
FROM: Dale Jackson, Chlp¢ B. ildln~ Ot~ei~l
SUB J: 335 Spanish Moss - Discussion regardi,~ future construction of a pod with a
deck encroaching into land the Ci~y wishes to acquire as drainage easpment.
I spoke with Greg Jones regarding the above referenced question. I understand the homeowner
is concerned that if he dedicates a % foot portion of his lot to the City for an ,mderground
drainage easement, whether thi_~ would negatively impact the construction of a pool deck over
this easPmpnt should he decide to burial one in the future.
Greg spoke with Rey Gonzales, Street Sup~intendent, who informs us that he would have no
problem with the encroachm~,m if the homeowner negotiates a "hold harmless" agreement in
the event the pipe ever needs to be accessed or mAintsln~l by the City.
ff the pool would be located similar to the one at 347 Spsnlsh Moss (copy attached) and the
issue regardln~ seev~ ~ m~mpmme, would be resolved by the City assuming responsibility
for restoring the homeowm'-rs property should any d~msge occur from any maintenance
operations, I see no prob!,nn with b~-_in~ able to grant pe~.,~,it as pwposed.
Dallas Central Cl'i"f ASANAGEFt
Nay 31, 1991 Appraisal District
Hr. Alan Ratliff, City .anager /~
~. O. Sox 478 ,'
Dear Hr. Ratltff:
~ou have inquired concerning the Dallas Central a ct
pos~ion relative to the impact of easements on proper~y value. As
discussed, inherent in any real proper~y are certain r~gh~s which as a group
c~pose the total property value. ~ese rights include the right to use and
enjoy, occupy, bequeath, transfer pe~nently or temporarily and sell.
Under certain conditions, an o~er ~y sell or transfer all or par~ of these
ri8hts to others. ~en a risht is sold or transferred, the residual ri8hts
retained constitute the value of the property that are enjoyed by the o~er.
~e sell[nE or transferrins of an easement that does not d~iuish the
re~lnin8 rishts an o~er was entitled to does not no,ally lessen the
property value. For ex~ple, in the ~llustrat~on you have furnished, an
easement alon8 the side of a proper~y, ~ich lies totally ~ithiu the area of
the property prohibited to construction due to city restrictions against
buildin8 next to adJoinins property, causes no value loss. Since the city
code prohibited construction on that port,on of ~he property, the o~er did
not purchase the ri8ht to use or enjoy other than as a yard or recreational
area. ~at right is still enjoyed ~lth the presence of an easement.
~ in all ctrcumtances, certain caveats must be s~ven. It ~s ass~ed that
the easement proposed ~111 not cause an env[ro~ental, health or safety
hazard to the adJoin~n8 property. It is also ass~ed the easement ~ill not
detrac~ from the esthetic or visual appeal of the surround~ns property.
~s letter sets forth the policy of the D~ relative to ~he ~pact of
easements as you have presented. If we can be of further assistance, please
call.
Very t~ly y~rs,
~~r/Ch~ef
~J r/v~h
cc: Ken Vie~
~x Smith