E-2 C15-2021-0036 ADV PACKET PART2 — original pdf
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E-2/34 E-2/35 E-2/36 E-2/37 E-2/38 E-2/39 E-2/40 E-2/41 April 16, 2021 Brian J. Tagtmeier The Kelly Legal Group, PLLC P. O. Box 2125 Austin, Texas 78768 Dear Mr. Tagtmeier: We represent Chalice McGee and write in response to your March 25, 2021 correspondence. It seems that you have not been fully informed by your clients about the underlying circumstances about which you wrote. First, our client did obtain prior written approval of the Architectural Committee before constructing the fence in question, so there is no violation of the restrictions to discuss. There are no tents, shacks or other temporary structures present. Your claims that the fence encroaches on your client’s property, or that the existing fence was damaged during the course of construction of the new fence, are also unfounded. We suggest you investigate those claims further before launching a groundless lawsuit. If you choose to litigate, it is your clients who will face exposure for paying our client’s fees. Mr. Tagtmeier, we don’t know each other but I have had positive experiences in the past with other attorneys at your firm. Our client has no interest in antagonizing yours, but they have a long history of harassing and threatening her and many others in the neighborhood. The most egregious example which has been documented is described in the attached police report. Part of her motivation for building this fence was to avoid any further such confrontations, and so far it has seemed to achieve that goal. She just wants to be left alone, and to avoid any further tension or escalation with her neighbors. Please see what you can do to de-escalate this situation. We look forward to hearing from you. Very truly yours, /s/ Daniel H. Byrne Daniel H. Byrne DHB/mpy Enclosure cc: Client E-2/42 E-2/43 E-2/44 E-2/45 E-2/46 E-2/47 E-2/48 E-2/49 E-2/50 E-2/51 LOH-Legend Oaks HOAc/o Goodwin & Company11149 Research Blvd Ste 100Austin TX 78759Voice faxDate: 10/18/2020 8:47:08 PMProject Ref: [49615552] 6141 Jumano LaneChalice McGee6141 Jumano LaneAustin TX 78749Dear Chalice McGee,I am pleased to inform you that the LOH-Legend Oaks HOA Arc Committee has approved yourapplication for the following project item(s): FenceThe approval is contingent upon compliance with the specifications set forth in the approvedapplication. If your change or addition requires a county, city or state permit, it must be obtained beforeconstruction.We feel this improvement will make a fine addition to our community and look forward to itscompletion. If you have any questions, please feel free to contact our office at or via email .Sincerely,Architectural Control CommitteeE-2/52 E-2/53 E-2/54 E-2/55 Viking Fence Co., Ltd. 9602 Gray Blvd. Austin, Texas 78758 (512) 837-6411, 1-800-252-8117 Fax (512) 834-4217 www.vikingfence.com April 26th, 2021 To whom it may concern: I would like to provide a simple statement regarding Viking’s involvement in Chalice McGee’s project at 6141 Jumano Lane, that our lead estimator Ryan Frank completed. Ryan and his crew have been with our company for years, and have always exhibited exemplary professionalism in their standards, knowledge base, and execution; this project was no different. 1. Ryan and his crew took the time to do his job right from front to back once on the site, including: • Proper utility location and review of surveys/plats and such documentation as provided by our client. • Adherence to standard fence installation methods, especially for post sets and possible connection points with other fencing. • All precautions taken to not damage the client’s property and any adjacent property structures that might be present. • All code and safety codes and regulations were observed consistently. • Proper demobilization protocol at completion of work, etc. 2. His crew in no way caused any damage to existing structures/conditions within the scope of work at any time and were not notified of any possible damage at completion of the work. Currently, there has been no receipt of a complaint regarding the work process. 3. He and his crew worked with the client to ensure that the installed fencing was within the client’s official property boundaries as per documentation provided by the client. Please feel free to reach out to me at any time for further discussion. Sincerely, l General Manager, Austin (TX) Permanent Construction Brian C. Tripicchio Viking Fence Co. Ltd Main Office Phone: 512-837-6411 Direct Office Phone: 512-628-2418 E-2/56 E-2/57