Schiro, George E to Greg, george Thanks Greg. From: Greg Golgowski [mailto:private] Sent: Tuesday, July 03, 2007 11:45 AM To: Schiro, George E I'm told that REW, the outfit that does the park landscaping, will be able to move the tree sometime this Thursday, the 5th. The expected new location is adjacent to the shelter in the dog park so it should provide some much needed supplemental shade there. Greg From: Schiro, George E [mailto:private] Sent: Thu 6/28/2007 10:56 AM To: Greg Golgowski Cc: private Subject: RE: Tree in Harmony Greg, Sounds good. No marker is necessary. Just keep us posted please. Thanks, Geo Ps. The silver lining is that the CDD will now maintain another 12 feet into the backyards of all the pond residents. Perhaps you can arrange an announcement about that. Be sure to mention the need to relocate my tree. Such an announcement will serve two purposes: 1) let people know that the CDD has made a change to the maintenance plan around Birchwood pond and 2) planting by residents within 26 feet of the pond is a no-no (so as to avoid the mistake I made). From: Greg Golgowski [mailto:private] Sent: Thursday, June 28, 2007 10:52 AM To: Schiro, George E Subject: RE: Tree in Harmony George: This morning's decision was to proceed with moving the tree within the next few weeks. It will likely be done by REW, the outfit that maintains the parks, since they have experience with such things. No decision on the location, but I would steer them toward a well maintained area since these Chinese elms have a tendency to create little elms everywhere and so are not suitable for a natural setting. People have complained about the lack of shade in the larger dog park so if my opinion is asked I might steer it there if that's a feasible location. That might also put a feather in your cap as stepping up to meet a community need. I suppose you could even put a small marker by the tree recognizing the donation. I'm just thinking out loud and looking for a silver lining for you. I or someone will be in touch before things start happening. Greg From: Schiro, George E [mailto:private] Sent: Thu 6/28/2007 8:29 AM To: Greg Golgowski Cc: private Subject: RE: Tree in Harmony Greg, I was out yesterday afternoon. But even If I had received your email then, I don't think I would have been able to make the meeting this morning. Thank you for sharing my notes on my behalf. Please let me know what they decide. 'Geo From: Greg Golgowski [mailto:private] Sent: Wednesday, June 27, 2007 4:53 PM To: Schiro, George E Subject: RE: Tree in Harmony Hi George: I'm sending to your US mailbox this afternoon a print of the survey that was done to locate the tree. I had intended to give you a copy when I last saw you. If I didn't I'm sorry, but hope that this print will help. The CDD meets tomorrow morning at 9 AM. You're certainly welcome to speak with the board directly about this, but in the alternative I'll be glad to share your notes with them. Greg From: Schiro, George E [mailto:private] Sent: Wed 6/27/2007 8:56 AM To: Greg Golgowski Cc: private Subject: RE: Tree in Harmony Greg, "their conclusions as to the layout of parcels is correct" The problem is that I don't actually have anything in writing that corresponds to the placement of the flag. Anyway, to avoid any future disputes regarding interpretations related to grass and the actual size of the pond (considering water fluctuations), I went ahead and triangulated the surveyor's flag relative to the wall of the structure on my property closest to the pond. The wall is 20.67 feet wide. Looking from the pond, the left corner of the wall is 21.92 feet from the flag while the right corner is 34.83 feet from the flag. Regarding my offer to donate the tree, it was sincere. Of course, I had hoped that you and the CDD would reconsider removing the tree, given the facts of this matter. I do understand that the CDD does not want to set precedent, but I also would have thought that the CDD would want to do the right thing considering that I was misled by my Harmony Development approved builder about my actual property line (and by the CDD's own lawn maintenance practices), not to mention that you yourself led me to believe that if my next door neighbor was not going to make any further issue of it (and this much he said to me) the tree could stay where it is. I will say that I am not at all happy with having the tree removed, especially since my wife warns me that doing so during the summer may be tantamount to destroying it. But do what you must Greg, the tree is yours. I would like to ask that you consider moving the tree to the other side of the pond where we can still see it. Also, I would appreciate knowing at least a day in advance of the removal so that my wife will not be frightened by strange men in our backyard. Finally, I would appreciate knowing where the tree is finally located after it has been replanted. 'Geo ________________________________ From: Greg Golgowski [mailto:private] Sent: Tuesday, June 26, 2007 9:23 AM To: Schiro, George E Subject: RE: Tree in Harmony Hi George: As the property line was confirmed by a licensed surveyor I think we're all in agreement that their conclusions as to the layout of parcels is correct and supercedes interpretations based on grass transitions or maintenance practices. This was clearly an honest error and an effort to enhance your home's landscaping. I know that the CDD board understands and accepts this, but still believes that to avoid a precedent with handling future honest mistakes the tree must be moved. This can be done either by you if you'd like to relocate it to your property within a reasonable time - by this week's CDD meeting - or they would assist you by moving it to another location of the CDD's choosing. This second option would be consistent with your offer of donation. If you'd like the CDD to proceed with tree moving, I'll be glad to set that process in motion. Greg ________________________________ From: Schiro, George E [mailto:private] Sent: Mon 6/25/2007 5:39 PM To: Greg Golgowski Cc: private Subject: Tree in Harmony Greg, I apologize for not having the opportunity to take care of this sooner, but I wanted to make a few measurements before following up with you. As you know (and unknown to me), my next door neighbors, Charles and Rebecca Graef, complained to the Harmony CDD with information about the location of a tree in my backyard (or what I thought was my backyard). The Graefs claimed that I planted the tree on CDD property. I don't have access to the CDD minutes, so I will have to assume that the Graefs neglected to provided all of the information about this matter that may be relevant to the CDD. I measured a few items of interest in my backyard recently. First, the flag posted by the CDD's surveyor marking the end of my property line is 26.08 feet from the Birchwood pond while the offending tree is 19.75 feet from the pond. This means that my tree is indeed a little more than 6 feet onto CDD property. This I acknowledge, assuming that the recent measurements by the CDD surveyor are accurate. I also measured the interface between the two varieties of grass located near the pond. As you know, the grass planted and maintained by the CDD around the pond is of the Bahia variety while the grass planted by Harmony builders in the yards of their homes is required to be of the more expensive St. Augustine variety. This interface (ie. the end of Bahia grass proceeding from the pond) is about 14 feet from the pond. During our recent phone conversation (prior to the survey commissioned by the CDD) you acknowledged that you believed that the CDD property line ended where the Bahia grass ended. Indeed, this reality is further reinforced by the fact that the lawn maintenance company contracted by the CDD generally only mows around the Birchwood pond up to the interface between the Bahia and St. Augustine grasses (ie. about 14 feet from the pond). This I confirmed over the weekend after noticing that the grass around the pond was apparently freshly mowed on Thursday (6/21). The distance from the pond to the end of the mowed area toward Richard Wachter's house (my neighbor, two doors down) is 14.58 feet. Since the tree was reported, I have also noticed that the lawn guys now mow the grass near my house right up to the tree and even 6 feet closer to the Graefs house. So apparently different folks get different lawn jobs now. The bottom line Greg is that the location of the offending tree was clearly a mistake on my part, but an honest mistake. I really had no idea that my boys and I have been mowing 26 feet of CDD grass in my backyard for the past three years! If I had known, I might have asked the lawn guys to do it and I certainly would not have planted the tree there. All of my neighbors around the pond mow to the Bahia grass too (except the Graefs, who used to mow to the Bahia grass, but now they have stopped doing so). I am sure many of them would be surprised to learn, as I did, how far the CDD property actually extends from the pond. The point of this letter is an appeal to reason. Please consider the facts: .) The tree is a beautiful little elm tree (I thought it was an oak tree. Thank you for clarifying that Greg). .) The tree was originally planted in the front of my house by my builder (Wetherington Builders), but sadly it was planted too close to my house for comfort (ie. root damage, hurricanes). .) Rather than destroying it, I decided to move the tree to my backyard in a place that would enhance the view from the room on the back of my garage. .) My builder planted St. Augustine grass (which I paid for) in my back yard to 14 feet from the pond (ie. 12 feet onto CDD property, without my knowledge or consent). .) I placed the tree on what I honestly thought was the edge of my property (within the St. Augustine grass). .) The tree looks great where it is now. I am sure most of my neighbors would agree (accepting the Graefs, of course). I would like to propose that I make a donation of this beautiful little elm tree to the CDD. I would hope that the CDD would see fit to leave it where it is. Also Greg, perhaps you can confirm this. My wife informs me that planting or relocating trees in the high heat of the summer is unwise. The tree would likely not survive such a move right now. Finally, assuming the CDD still insists on making me move the tree, my attorney advises me to avoid further problems with the CDD. Either the CDD should move the tree themselves or they should confirm that the flag posted by the CDD's surveyor that marks the end of my property is indeed located 26.08 feet from the Birchwood pond and that the placement of the tree anywhere on my property to the right of the flag (looking from the pond) will be acceptable. Thanks Greg. Sincerely, George Schiro