By Juan Montoya
When the residents on Gloria Street bought their property on the city's southeast side, they knew there was a 50 to 100-foot easement running parallel to the backside of their properties that was deeded to Cameron County Drainage District No. 1.
For years, the district crews used the utility road on the easement to clean and dredge the ditch of weeds and debris. Knowing the limits that the district used the easement, they built their homes, fences, and sheds and parked their trailer homes respecting them.
But unbeknownst to them, as the city pushes through its hike-and-bike trial mania, it appears that their once tranquil existence is about to be shattered and that many will end up losing use of their property and structures like sheds and trailer homes. In some cases, their homes will have to be moved smack up to the property lines along Gloria Street with scant feet left for a backyard.
No one ever thought that the easement on their deeds to the drainage district would be turned over for use to the city for a hike and bike trial since their deeds specified it would be used for drainage.
The first inkling the residents had was a letter signed by Drainage District 1 Chairman Ernesto Gamez and Interim City Manager Michael Lopez advising them that the city was "planning the construction and extension of its Hike and Bike Trail System (the Trail) along the plated easement (Easement) held by the Cameron County District No. 1.
"The City of Brownsville and the District currently have an agreement for the purposes of building a Trail on the District's easement," a sentence reads.
"The city discovered a portion of the backyard fence and/or storage unit on your property is encroaching on the easement, making it impossible to build the Trail without the removal of the obstruction of your property. The drainage easement will continue to be utilized for drainage and maintenance purposes.
"As property owner, you are responsible to identify all easement boundaries and corners prior to constructing any improvement, and to make sure that fences and/or other improvements are not built within any dedicated easements. Please remove the obstruction to said easement to ensure proper space for the construction of the Trail within its License Area." (Click on letter to enlarge)
Then, the iron fist in the velvet glove:
"You will be granted 90 days from the date of this notice to remedy the encroachment. Code enforcement officers will begin issuing warnings at 60 days and citations once the 90 days have elapsed from the date of this notice."
Alarmed resident have turned to local elected officials citing the hardship and costs imposed upon them by the city and drainage district to remove fencing, sheds, and in one case even a trailer home that is within the prescribed area.
"There are some elderly people, including one on dialysis, that have no way to comply with this," said one of the Gloria Street residents. "They're on fixed incomes and can't afford to pay anyone to relocate their fences of tear down their sheds. When we first spoke to the city guys, they denied that there was going to be a trial built here."
The distance that the easement reaches into their properties vary since the drainage ditch curves (see graphic above). In some cases, as much as 30 to 40 feet of their properties will be affected. If the land grab goes through, some may lose a large part of their back yard and have a fence a few feet from their homes.
Robert Uresti, who some homeowners have asked for assistance, said that residents might just have to consult with legal aid or attorneys who might want to help the residents pro bono given the fixed incomes of many in the low-income neighborhood.
"We're already talking to some people," he said. "I had a similar problem with my home and that's what it took in the end. "I understand that commissioner Ricardo Longoria is not pleased with the way the city and drainage district are going about this and forcing the residents to go through this. This is just the beginning."
6 comments:
Your worthless city commissioner more than likely voted in favor to built these worthless and useless bike trails that NOBODY uses. Go ahead and re-elect him again again. That's what you all deserve...
Telosico Erasmo
Draiage easement is for drainage you would think. How can anything be put there at all including bike trials.
Blogger from 3;22 -ask Ricardo Longoria for an explanation. All he does is prance around thinking he is a pretty boy. Why does he not get on fellow city commissioner La Chisquida Rose and tell her to stop invading someone else's property for something no one is using enough to justify all the money and time being spent of her silly chingaderas. What does Rose Gowen have under her belt that gives her all the things that she wants? Surely the Zavaletta name is not the only reason? Anyone that knows a Zavaletta know a rat dressed in real sheep skin.
The city and drainage district should be concerned about widening the ditch at this location this ditch is the main drain that passes through most of the city it's a bottle neck at this location this is why we get flooding along Boca chica by Walmart it backs up. It's good to have bike and walking trails but we need to think about future growth and drainage. Unless the district ownes the property fee simple if not then the residents own the property and have the right to build
fences, patios, I'm sure they are paying dearly in taxes.
How about ther property owners just give back the land they initially took out of ignorance and call it a day, since there's no real legal basis for property rights when it ain't yours to begin with.
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