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ST9902-CS060427 (8/10/2007) Ken Griffin - Re: Proposal to put a 10' sidewalk with our Ri ht of Way. Pa From: To: Date: Subject: Jim Witt Jorge Aguirre 4/27/2006 10:11 AM Re: Proposal to put a 10' sidewalk with our Right of Way. Thank you for your comments and concerns. Final design of this project will be presented to the Mayor and Council in early 2007. In this interim period we will monitor the design process with your concerns in mind. JW > > > "Jorge Aguirre" <jorge@obsworld.com> 4/26/2006 10: 12 PM > > > Dear Mr. Witt, City Manager City of Coppell I wanted to set the record straight with regards to a conversation I had with the City Engineers office and a Memo that was sent to you on December 9. 2004. In a personal conversation with the assistant City Engineer after the public meeting held in December 7/ 2004 I raised the issue that I did not feel safe with the proposed placement of the sidewalk adjacent to our 6' wall within our Right of Way. I said that the placement of the sidewalk that close would allow any "would-be" burglar an "Easy In- Easy out" into our property and do not want to have the need to buy a gun to feel safe. My neighbors were present and will vouch for my statements and the context in which they were made as we all have the same concerns. This statement was taken out of context in a Memo sent to Jim Witt, City Manager on December 9/ 2004 by Mr. Ken Griffin who was not present during the course of my conversation. The right to feel safe is the core of our argument as we feel that you will put us in harms way if you proceed on placing a sidewalk within our Right of way adjacent to the 6' wall. That wall will serve as cover to any would be burglar and the proximity of the sidewalk to the wall removes any buffer zone as this wall is easily jumped. In that memo the "Easy In-Easy Out" was not referenced nor any mentions of our safety concerns were conveyed in that memo but remain the core reason in each and all discussions. Placing a Sidewalk within the Homeowner's Right of Way increases the chances of being burglarized and will be detrimental to our security and safety. We do not want to be placed in that position and we would like to maintain as much privacy as possible to assure quiet enjoyment of our homes. We also feel that this will negatively impact our property values. Homeowners Petition During the meeting the City Engineer said that he would not talk to the individual Homeowners but would talk to the HOA board thus disqualifying the homeowners' individual rights and handing the decision over to the HOA. In response to that decision, the owners of properties adjacent to Sandy Lake Road within Georgian Place signed and delivered a petition requesting the City of Coppell to respect our rights as property owners and maintain (8/10/2007) Ken Griffin - Re: Proposal to put a 10' sidewalk with our Ri ht of Way. Pa the integrity of our ROW. (Petition Signed 5/16/2005) What the city engineer refers to as common area is property owned by the individual property owners and of which the corresponding taxes are paid for by the individual property owners, not the HOA. The desire to ignore the individual property owner's rights and disregard our petition to the City and deal with the HOA is a total disrespect for our property rights. If you place the side walk in our ROW you would deny the usability and all rights of that property from the legal landowners. However, in Section 11.6 of the Georgian Place HOA bylaws strictly prohibit the HOA from creating any conditions which tend to disturb the peace, quiet, safety, comfort or serenity of the occupants. Therefore, we request that the City of Coppell honor and respect our petition. From the Georgian Bylaws Section 11.6 Quiet Enjoyment. Nothing shall be done or maintained on any part of a Lot which emits foul or obnoxious odors outside the Lot or creates noise or other conditions which tend to disturb the peace, quiet, safety, comfort or serenity of the occupants of other Lots. There shall not be maintained any plants or animals or device or things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Property . Give us your property or we will cut down the trees point of view. The city engineer's argument is that the City of Coppell would have to cut the current tree line unless the homeowners surrender their property. The city does not need the home owner's property as the City has 17 feet available within its own ROW to place their proposed 10' sidewalk. If the City reduces this to an 8' sidewalk the city would then have 9 foot strip available of which the trees fall 4 1/2 away from the edge of street curb as well as to the sidewalk on the opposing side. Due to the steep grade along 150-200 feet from the East entrance to Georgian Dr., the City has proposed a retaining wall to compensate for the steep slope and too save some of the trees. This is the only area of where Mr. Griffin is arguing that he can't save the trees. But this is a small distance to serve as argument for taking the homeowners ROW of the entire block. As well as the trees of the entire block. A 48" drainage pipe is to be placed adjacent to the tree line where the creek is now and the trenching would cut into the existing root system. Some trees will survive and others won't but the city cannot guarantee the tree's survival in the first place. The trench offers a greater threat to the trees than does the placement of the sidewalk. However a reforestation of that area can compensate for any trees that do not survive. I have recommended that the city consider a reforestation program to plant trees of equal or greater value as what is there today. Mr. Griffin points out that this is a Parks department topic and for me to take it up with them but offers no assistance to address this as an internal city issue. (8/10/2007) Ken Griffin - Re: Proposal to put a 10' sidewalk with our Ri ht of Way. Pa If the city stays within their own ROW the individual homeowners retain the option to plant trees within our own ROW to compensate for any of the trees that do not survive the widening of Sandy Lake Road. The City also has the same option to plant trees within its own ROW. Taking into consideration that there is a water line adjacent to the brick wall, we could plant those trees as far away as possible which would be approximately 16 feet away from the water line and far enough apart to allow for a tractor access to that area. This would provide a nice canopy for the sidewalk placed at the edge of the ROW boundary line. (Please see Power point showing this design.) There are other alternatives that produce an area of equal or greater value than what we have today. Placing a 10 sidewalk within the Homeowners ROW is not one of them. The cutting down the trees argument has been the only one addressed so far by Mr. Griffin with the homeowners unless we surrender our property. We are the recipients if the beauty offered by those trees and have the highest vested interest in keeping as many as possible as well as reforesting that area to keep it of equal or greater value than what it is today. We request your assistance in helping us resolve this matter. Discrediting me is no defense as there are 7 property owners with the same safety concerns and who were present during the conversation and can vouch for what I said. There is no reason to take it out of context or engage in any attempts to discredit my character. We simply want to feel safe. I would also like an apology from Mr. Griffin. Best wishes, Jorge Aguirre Optimal Business Solutions Executive Search Consultants Office: 972-745-9089 Email: iaQuirre@obsworld.com Web Page: <blocked: :http://www.obsworld.com/> www.obsworld.com Privacy and Confidentiality Notice The information contained in this transmission is intended for the above-named recipient(s) only and contains privileged and confidential information. If the reader of this message is not an intended recipient, you are strictly prohibited from using, copying, distributing, or taking any action in reliance on such information. If you have received this communication in error, please notify us immediately. Best wishes, Jorge Aguirre Optimal Business Solutions (8/10/2007) Ken Griffin - Re: Proposal to put a 10' sidewalk with our Ri ht of Way. Pa Executive Search Consultants Office: 972-745-9089 Email: iaQuirre@obsworld.com Web Page: <blocked: :http://www.obsworld.com/> www.obsworld.com Privacy and Confidentiality Notice The information contained in this transmission is intended for the above-named recipient(s) only and contains privileged and confidential information. If the reader of this message is not an intended recipient, you are strictly prohibited from using, copying, distributing, or taking any action in reliance on such information. If you have received this communication in error, please notify us immediately.