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Hear No, Speak No, See No Evil
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We had the Input from four contractors and were anticipating a plan from Horner Brothers Engineering on a plan of slip correction on our property until Platinum Properties could get a handle on their situation and remove their drainage off of us. The Horner Brothers report of May 4, 2007 covered a two step plan of drainage diversion and then slope correction. Their plan built on the initial assessment of Mr. HR Marsh. We were notified the same Cincinnati Insurance Attorney, that was at the meeting that produced the original breeched agreement of 2005, along with another Cincinnati Insurance representative were coming down to "end the situation". A boisterous statement indeed: The same attorney involved in the creation of the breeched agreement of 2005 was coming down to end it? The following day, Platinum Property's Terradon Report of May 4, 2007. The timing of such things (May 4,2007); breeched written agreements, broken promises, breeched oral contracts and fraudulent inducement. Now this?
Has this always been West Virginia?
A few
observations on the
Terradon report, mentioned above. The reader needs to place
close attention and understand the realities that some West Virginians
deal with. Excerpt From Said Terradon Report::
"Our preliminary opinion of the drainages is that the runoff from
virtually all storm events will be found to be less than the same
storm events prior to construction".
A very important note on
the Terradon Expert above: This report statement attempts to
illustrate that there was a plan to Platinum Property's original drainage
system.
The image on the right is the rear parking area of what currently is 109 and
113 Platinum Drive.
The greenery and trees to the right is the Lacaria property.
Platinum Properties, with Thrasher Engineering's and the City of Bridgeport's
Allowances, would push up to twelve foot of fill over the blue area's bellied and
much lower
drainage path.
They continued further on and then over the existing three foot embankment;
Then against and up a locust post grid fence line, which is below the
tree line, on the right.
This locust post grid fence line would then become the support wall for 109
and 113 Platinum Drive, along with a host of ill advised and placed buried
utilities, some very dangerous.
The law of physics would apply; imminent failure of support, structure and
utility.
Above, is the flow of drainage before the
addition and allowance of fill by Platinum Properties / City. Ditch Line Number 2, was one of two
drainage ditches for the above property plateau. Ditch Line Number 2 was always maintained by
the previous landowner. Ditch Line Number 2 is referenced in the
USFS
Forestry Report Of 7/14/04.
The adjoining property is a small part of the overall area that was
purchased by Platinum Properties in 1994, the same year that
Platinum
Properties was formed for reasons of risk. This is a drainage
diagram after
the fill was placed by Platinum Properties. A fill operation that raised and tilted the
area, (exact date of fill placement unknown). The drainage route changes temporarily maintained the
immediate status quo, and interjected a period of time between cause and effect. So, the Terradon report's statement: "Our preliminary opinion of the drainages is that the
runoff from virtually all storm events will be found to be less than the same
storm events prior to construction", is used broadly. But specifically concerning the Lacaria property that joined their property,
is Absolutely And Categorically Wrong. So, extraordinary documentation in all
forms, voided such a strategy,. But, nonetheless; A Terradon Engineering
Strategy, which could confuse the un-initiated. The reader again needs
to realize what some West Virginians are put through. However, where would Terrrdon Engineering's
statement be correct?
The Terradon Engineering Report: "Our preliminary opinion of the drainages is that the runoff from virtually all storm events will be found to be less than the same storm events prior to construction." The following lot diagrams are located in front left area of building 113 Platinum Drive Drainage Drop Inlet number 2, (illustrated image left), is where Platinum Properties second drop inlet exists. Drainage Drop Inlet number 2 (illustrated image middle) sits lower than the other existing drains. Water finds its own level. As such; Drainage Drop Inlet number 2 fell within the area of Teradon Engineering's "virtually all storm events". Thus, unmanageable drainage would have a path. The above Terradon statement would be directly correct in regard to their relationship with all Northerly located property owners; Pizza Hut, McDonalds Corporation, Frank Lacaria and U.S Route 50 and all points below. So, Not Valerie and Anthony Lacaria's property, that is located on Platinum Properties, Thrasher Engineering's and City of Bridgeport allowed encroached Western Front. But all property located on Platinum Properties Thrasher Engineering's and City of Bridgeport allowed Northern Front.
Terradon Report: "Close examination of the downstream property did not reveal the presence of any rills, rillets or even disturbance of leaves to suggest that any water greater than normal flows onto the property". Surface drainage, rills and rillets, were not the complaint. Surface drainage rills and rillets were encountered in 2003 and was dealt with. The complaint; We were getting increased drainage saturation from the collapsing parking lot at the rear of building 109 and 113 Platinum Drive, south of the fire hydrant, rear 113 Platinum Drive. Unknown to us, at the time: Platinum Properties roof drainage from buildings 109 and 113 Platinum Drive met at an underground junction. This underground drainage junction was directly beneath the parking lot, at the rear of building 113 Platinum Drive, directly below the recorded sink area.An underground focal point of extraordinary drainage, located directly above us, that we would later discover, was completely ruptured.
Terradon Report: "It is our opinion that the proximate cause of the slide was the excavation at the toe of the hillside below the slide" There was no excavation, digging out, of our slope area. Utilizing large tandem trucks, our contractor had compactable fill brought in from two large developments in the Bridgeport area. The new fill was placed and compacted at different layers, starting at the valley floor, then up the slope to a finishing height of nine feet. Extra width was achieved, without excavating the slope, and in the process, strengthened the area itself. This material and site preparation, by itself, cost in the neighborhood of $15,000.00. Our building area was now a wider, flat, laser shot area of a highly compacted block of fill and stone built up against and over the bottom area of the slope at the new building area.
One City of Bridgeport official stated the obvious; It strengthened
this area.
Terradon Report: ",you wish to eliminate all drainage from your parking lot area onto the adjacent property. We think this can be done relativity easily and will proceed in the development of plans for this..." Since 2003, there was no movement to address Platinum Properties non-existent structural support wall. The subsequent deterioration of this area was guaranteed. The 2005 Agreement between Platinum Properties and Jackson and Kelly PLLC was not honored in any regard. The 2007 Terradon report considered the drainage correction, that was the main part of the 2005 agreement, an easy undertaking. This was an extraordinary statement. I had gotten a message from Platinum Properties Rich Lane. Platinum Properties knew who created the problems. It was within their Partnership with the State of West Virginia and the City of Bridgeport. They couldn't sue a Partner. It appears they were torturing us to do it. A young visiting European would make an observation. Old Russia would just take people's property, your county tortures people out of theirs.
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