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Subject: RE: Frontage Rd.

near Dogwood/Oakridge on Hwy 25


Date: Friday, September 16, 2016 at 9:42:57 AM Central Daylight Time
From: Bill Barham
To: Dick Hall

Thanks Dick. I will pass this along in the meeNng. Sounds good to me. Buster said to ask you for a blinking
cauNon turn signal at Lakeland and River Bend Place. We can see a mile down the road but have a red turn
signal.

Thanks for the help with the frontage road.

Bill

From: Hall, Dick [mailto:dhall@mdot.ms.gov]


Sent: Thursday, September 15, 2016 5:08 PM
To: Bill Barham <billb@wellingtonassociates.com>
Subject: RE: Frontage Rd. near Dogwood/Oakridge on Hwy 25

Here is the situaNon. We plan to have necessary right of way in hand by year end. We hope to get uNliNes
moved by year end. Our plans are to receive bids soon enough in 2017 to allow construcNon to begin next
summer. I want to cauNon everyone that this is an opNmisNc schedule but we are going to try hard to make it
work.

Commissioner Dick Hall


2569 North West St.
Jackson, MS 39216
Phone: 601-359-7035
Fax: 601-359-7051

From: Bill Barham [mailto:billb@wellingtonassociates.com]


Sent: Thursday, September 15, 2016 8:53 AM
To: Hall, Dick
Subject: Frontage Rd. near Dogwood/Oakridge on Hwy 25

Good morning Sir. Need an update before HOA meeNng Tuesday evening.

Thanks,

Bill

Bill Barham
Wellington Associates, Inc.
7 River Bend Place
Flowood, MS 39232
601-420-0174 Local Phone
800-442-0290 Toll Free
601-420-1890 Fax
Cell Phone
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Subject: Oakridge POA-Frontage Road Issue
Date: Thursday, December 8, 2016 at 2:50:55 PM Central Standard Time
From: Bill Barham
To: Dick Hall

Dick: I understand that a group from Oakridge POA met with your office around 1:00 today. All the
informaOon gathered today will be voted on by the board Monday night at a meeOng. From what I gather, a
land donaOon is not going to be an issue. As you know, POA’s are preRy cumbersome animals.

Thanks for the “heads-up”. I will keep you posted on all this.

Bill Barham
Wellington Associates, Inc.
7 River Bend Place
Flowood, MS 39232
601-420-0174 Local Phone
800-442-0290 Toll Free
601-420-1890 Fax
Cell Phone

PRIVILEGED AND CONFIDENTIAL: This email may contain informaOon that is confidenOal, private, proprietary, or
otherwise privileged and is intended exclusively for the person(s) to whom it is addressed. Unauthorized use,
retenOon, distribuOon or copying is strictly prohibited and may be unlawful. If you are not the intended recipient or
their designee, please noOfy the sender immediately by return email and delete all copies.
Subject: FW: 023 W T Oakridge HOA Hwy 25 Rankin
Date: Thursday, December 8, 2016 at 3:42:39 PM Central Standard Time
From: Mood, Amy
To: McGrath, Melinda

Melinda,

The HOA board will discuss the proposed ROW donaNon at their December 14th board meeNng as stated in
the original email below. ROW is on hold on the project unNl the HOA makes a decision. If you prefer that
they proceed with acquisiNon of the other two parcels, please let me know.

Thank you,

Amy Mood, P.E.


Assistant Chief Engineer PreconstrucNon
Mississippi Department of TransportaNon
phone: (601)359-7007
mailto:amood@mdot.ms.gov

From: Drake, Don M


Sent: Thursday, December 08, 2016 2:36 PM
To: 'Don McLemore'
Cc: Loflin, Trudi; Mood, Amy
Subject: RE: 023 W T Oakridge HOA Hwy 25 Rankin

Don
Appreciate the update, please keep us posted on any further developments. In the meanNme, we will hold off
approaching the other landowners unNl the HOA renders their decision.
Thank you,
D. Drake

From: Don McLemore


Sent: Thursday, December 08, 2016 2:18 PM
To: Drake, Don M; Loflin, Trudi
Subject: 023 W T Oakridge HOA Hwy 25 Rankin

Just met on site with David Seal; Bryan Ratliff; Kurt McDaniel, homeowner and City of
Flowood Alderman; Walter Brand, Homeowner and HOA attorney; and 3 other
homeowners/board members.

The fact that the huge temporary easement will result in the removal of most of the mature
hardwood forest serving as a buffer did not seem to bother the homeowners too much.
However the homeowner most effected by this easement, Bruce and Wendy Putt were not
present. No doubt they will be advised.

Mr Brand would not commit to donation. He indicated that the issue of donation would be
discussed at the December 14, board meeting, however he indicated that the board may not
have the authority to donate subject property without a duly called meeting and favorable vote
of the members of the HOA.

Therefore I was unable to come away with any indication when, or if, this dedication would
be, or could be, concluded.

Don McLemore
Don McLemore PC
Attorney at Law
PO Box 4432
Brandon Ms 39047

132 Riverview Drive


Suite B
Flowood, Ms 39232

Office: 601 664 7016


Subject: RE: Oakridge Frontage Rd.
Date: Monday, December 12, 2016 at 3:18:48 PM Central Standard Time
From: Bill Barham
To: Dick Hall

Thanks Dick. Let me know sir. Again, we appreciate all that you have done for us. To be clear, earthmoving
not in the ROW, is not acceptable to this group.

Bill

From: Hall, Dick [mailto:dhall@mdot.ms.gov]


Sent: Monday, December 12, 2016 3:01 PM
To: Bill Barham <billb@wellingtonassociates.com>
Subject: RE: Oakridge Frontage Rd.

Thanks Bill for the informaVon. We are going to take a look to see if something can be done to only take a
minimum number of trees and what, if anything we can do to lessen impact on the “hill” but I am confident
there will have to be some degree of earthmoving done. I will let you know what our reappraisal shows.

Commissioner Dick Hall


2569 North West St.
Jackson, MS 39216
Phone: 601-359-7035
Fax: 601-359-7051

From: Bill Barham [mailto:billb@wellingtonassociates.com]


Sent: Monday, December 12, 2016 10:07 AM
To: Hall, Dick
Subject: Oakridge Frontage Rd.

Dick: The Board met last night a[er they (and I ) looked at what the engineers want to do with the hill. Our
Board president is going to call one of your a^orneys this morning to explain everything.

I think they are going to donate the ROW that was requested, but will not allow the construcVon easement
because it will take down the hill too much and all the trees that provide screening.

I told them that this will probably put an end to the proposed road and they understand. I appreciate all your
efforts. At least you gave it your best.

Bill

Bill Barham
Wellington Associates, Inc.
7 River Bend Place
Flowood, MS 39232
601-420-0174 Local Phone
800-442-0290 Toll Free
601-420-1890 Fax
Cell Phone
PRIVILEGED AND CONFIDENTIAL: This email may contain information that is confidential,
private, proprietary, or otherwise privileged and is intended exclusively for the person(s) to whom it is
addressed. Unauthorized use, retention, distribution or copying is strictly prohibited and may be
unlawful. If you are not the intended recipient or their designee, please notify the sender immediately
by return email and delete all copies.

CONFIDENTIALITY NOTICE This e-mail and any files or attachments may contain confidential
and privileged information.
If you have received this message in error, please notify the sender at the above e-mail address and
delete it and
all copies from your system.

PRIVILEGED AND CONFIDENTIAL: This email may contain informaVon that is confidenVal, private, proprietary, or
otherwise privileged and is intended exclusively for the person(s) to whom it is addressed. Unauthorized use,
retenVon, distribuVon or copying is strictly prohibited and may be unlawful. If you are not the intended recipient or
their designee, please noVfy the sender immediately by return email and delete all copies.
Subject: Re: OakRidge
Date: Tuesday, March 28, 2017 at 3:05:11 PM Central Daylight Time
From: McGrath, Melinda
To: Mood, Amy

Let's discuss.

On Mar 28, 2017, at 1:25 PM, Mood, Amy <amood@mdot.ms.gov> wrote:

FYI

From: Don McLemore


Sent: Tuesday, March 28, 2017 1:19 PM
To: Loflin, Trudi; Drake, Don M; Murray, John; Mood, Amy
Subject: Fw: OakRidge

Below is the reply of the Attorney and President of the Oakridge HOA prepared at
the direction of the HOA Board after the HOA owner's meeting. After talking to
Walter, I believe 1,2,3 are not negotiable, 4 and 5 are negotiable, and 6 is not
within MDOT's control, unless it buys this easement from the fee title holder (HOA)
and the easement holder (property owner(s) adjoining to the west.

Please advise.

Don McLemore
Don McLemore PC
Attorney at Law
PO Box 4432
Brandon Ms 39047

132 Riverview Drive


Suite B
Flowood, Ms 39232

Office: 601 664 7016

----- Forwarded Message -----


From: Walter Brand <wbrand@watkinseager.com>
To: don mclemore
Sent: Tuesday, March 28, 2017 11:46 AM
Subject: RE: OakRidge

Don:

The OakRidge Property Owners’ Association, Inc. has authorized me as President


of OPOA’s board of directors to communicate to you the agreement of OPOA to
the requested conveyances (being the most recently proposed fee conveyance
and reduced temporary construction easement) subject to the conditions that
MDOT, City of Flowood, the Hogg Estate, and/or any other necessary parties
agree to the following:

1. OPOA will be compensated fairly for the property and easement to be


conveyed and for any resulting injury to our remaining property;
2. OPOA will be afforded the opportunity to verify and approve the instruments of
conveyance and legal descriptions prior to execution; and no property, easement
or other interest is or will be taken or requested other than that contained in the
most currently proposed fee conveyance and reduced temporary construction
easement (as depicted in the most recent plat you gave me---all lying to the north
of the old Hogg driveway which runs through our common area);
3. MDOT, City of Flowood, and/or other parties will not disturb, block, or
barricade our current Lakeland Drive median crossover (opposite the
Dogwood/OakRidge driveway) in a manner which would preclude OakRidge and
Dogwood residents from turning left onto the west/south bound lane of Lakeland
Drive, or driving straight across Lakeland Drive to the shopping areas across
Lakeland Drive from our neighborhood. In other words, after it is repaved, our
median crossover will be left as it is and has been and we will be able to continue
to use it as we have since the inception of our neighborhood.
4. The proposed frontage road will be a one-way road only, running from our
driveway west/south bound to Dogwood Festival Boulevard; in other words, no
mall or other traffic would be able to move east/north bound to our driveway.
5. All construction traffic and operations on the frontage road will be conducted
by entering the affected property directly from the existing Lakeland Drive ROW
north of our property, and not from our driveway and gate area.
6. Either the Hogg Estate, MDOT, or someone else owns an easement covering
the old Hogg Driveway which runs through our common area property and
terminates right by our gate. The current owner(s) of this easement will agree to
permanently terminate the easement by executing necessary documentation, to be
filed of record.

Thanks, Don. We appreciate your consideration of the above matters, and will look
forward to your response.

Walter Brand
President, Board of Directors
OakRidge Property Owners’ Association, Inc.

From: don mclemore


Sent: Monday, March 27, 2017 12:44 PM
To: Walter Brand
Subject: Re: OakRidge

What's was the verdict?

Sent from my iPad

On Mar 15, 2017, at 11:48 AM, Walter Brand <wbrand@watkinseager.com> wrote:


See below

From: Walter Brand


Sent: Monday, March 06, 2017 10:10 AM
To: mclemopc ; Mood, Amy (amood@mdot.ms.gov)
Subject: OakRidge

Don and Amy:

We are now scheduled to have our neighborhood meeting on March


26.

Thanks,

Walter

Walter Brand
WATKINS & EAGER PLLC
The Emporium Building
400 East Capitol Street
Jackson, Mississippi 39201
Telephone: 601-965-1900 | Facsimile: 601-965-1901
Direct Dial: 601-965-1863 | wbrand@watkinseager.com
www.watkinseager.com
The information transmitted is intended for viewing only by the addressee, and may contain confidential and/or
privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance
upon, this information by persons or entities other than the intended recipient is prohibited. If you have received
this message and you are not the intended recipient, please contact the sender at 601-965-1900 and delete the
material immediately and do not retain a copy.
Subject: FW:
Date: Tuesday, June 13, 2017 at 5:13:09 PM Central Daylight Time
From: Walter Brand
To: mmcgrath@mdot.state.ms.us
CC: ladams@thecityofflowood.com
A7achments: LeIer Mayor Rhoads 6.13.17.pdf

Ms. McGrath:

Forwarded herewith is a leIer I have sent Flowood Mayor Gary Rhoads today on behalf of the OakRidge
Property Owners’ AssociaVon Board of Directors. My leIer is responsive to Mayor Rhoads’s leIer to you
dated June 12, 2017, concerning the median cross-over opposite the OakRidge and Dogwood neighborhoods
in Flowood. Mayor Rhoads’s leIer was emailed to me yesterday, and I assume you received it today.

As indicated in my leIer, our residents are greatly concerned about the City’s decision to prevent westbound
turns onto Lakeland Drive at our median cross-over, and we hope the City will hear us on this issue before
that decision becomes final. At any rate, I wanted to noVfy you of our concern and effort to discuss this with
the City.

As indicated, I am noVfying the City of Flowood of this communicaVon through its aIorney, Mr. Lem Adams.

Please let me know if you have any quesVons. Thanks,

Walter Brand
OPOA Board President

From: Tracy Graham


Sent: Tuesday, June 13, 2017 4:05 PM
To: Walter Brand
Subject:

Tracy Graham
WATKINS & EAGER PLLC
The Emporium Building
400 East Capitol Street
Jackson, Mississippi 39201
Telephone: 601-965-1900 | Facsimile: 601-965-1901
Direct Dial: 601-965-1895 | tgraham@watkinseager.com
The information transmitted is intended for viewing only by the addressee, and may contain confidential and/or privileged material.
Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited. If you have received this message and you are not the intended recipient,
please contact the sender at 601-965-1900 and delete the material immediately and do not retain a copy.
WALTER J. BRAND
Direct Dial; (601) 965-1863
E-Mail Address:
wbrand@walkinseager.com

June 13, 2017

VIA FACSIMILE: 601- 420- 3334


Mayor Gary Rhoads
2101 Airport Road
Flowood, MS 39232-0069

Re: Access Road at Dogwood and OakRidge Subdivisions

Dear Mayor Rhoads:

Thank you for providing me with a copy of your letter of June 12 to Melinda McGrath at
MDOT concerning the above matter. Please allow me to submit a brief response on behalf of the
OakRidge Property Owners' Association Board of Directors.

We have no doubt of Your Honor's concern for the safety of OakRidge and Dogwood
residents, and we are appreciative of that fact. We respectfully submit, however, that requiring
the hundreds of residents of OakRidge and Dogwood who exit our neighborhoods on a daily
basis to turn right and then merge across two to three lanes of traffic for the purpose of making a
u-tum to go west on Lakeland Drive will increase, rather than reduce, the prospect of traffic
accidents. In addition to the hazards of multiple lane changes, it is not difficult to envision a
circumstance in which multiple vehicles would be stacked in the turn lane attempting to make the
u-tum, potentially backing up into Lakeland Drive itself.

As someone who utilizes our existing median cross-over for westbound tums on a daily
basis, I can tell you that the traffic lights at Dogwood Festival Boulevard and further east at
Luckney Road are timed such that we have ample opportunities to safely cross at the existing
median cross-over. We submit that our existing cross-over is no less safe than the right turn/u-
turn alternative. We thus hope that you will reconsider your request to MDOT to block our
existing cross-over for that purpose.

Since you have not been privy to our communications with MDOT conceming the
proposed frontage road, please permit me to update you on the status of that matter. As
necessary under the restrictive covenants and bylaws which govern our Association, we
conducted a special meeting of the OakRidge property owners on Sunday, March 26, 2017, for
the purpose of determining our Association's position on making the requested conveyances to
MDOT to permit constmction of the proposed frontage road. The result of this meeting is that
our neighborhood agreed to make the conveyances, subject to a limited number of conditions.
Subject: OPOA/MDOT
Date: Friday, July 21, 2017 at 2:47:49 PM Central Daylight Time
From: Walter Brand
To: mclemopc
CC: kmcdaniel@sKcic.com, ladams@thecityofflowood.com

Don:

Per your request, I am wriPng to advise concerning OPOA’s current posiPon on the 6 paragraphs listed in my
email to you of March 28, 2017:

---Paragraphs 1, 4, and 6 are withdrawn assuming the ulPmate consent of our owners---see below.

---Paragraph 2---We understand MDOT agrees to Paragraph 2 and you and I met on July 19 to go over our
requested changes to the deed and easement documents; I understand you will go over these with MDOT
and get back to me with MDOT’s posiPon on each point.

---Paragraph 3---We recognize MDOT may not be in a posiPon to guarantee that our exisPng median
crossover will be le[ as it is. But we request that MDOT and the City of Flowood give every consideraPon to
leaving the median crossover open so that the opportunity to use it to turn le[ on Lakeland Drive is available
when circumstances permit. I know there are those in Dogwood who want the same thing.

---Paragraph 5---We understand the frontage road construcPon may interfere to some extent with our
entrance road and area. We hope this can be minimized and conducted with due consideraPon for our
use/ownership of our entrance. This is one of the reasons we requested delePon of the full damage waiver
from the documents---so that if our entrance area is damaged by the construcPon we can ask MDOT to repair
it.

In our requested changes to the documents, we have asked that MDOT specify in the easement document
what it will do to repair/refurbish the easement property prior to reversion to OPOA. We understand MDOT
will smooth/level the property and plant grass on it to prevent washing/erosion---we simply ask that you say
that in the document. We have been told that the City of Flowood may assist us in re-landscaping this
property, but assume that agreement would have to come from the City. (Our covenants require that funds
from a public taking of our property be used for this purpose, but that will not be possible if we donate the
property). Kirk and Lem, can/will the City reach an agreement with us on re-landscaping this property now?

Finally, once the deed/easement documents are finalized, we intend to submit them to our owners with a
request for consent to their execuPon by me as OPOA President. The Board anPcipates we can obtain
consent. If not, we will let you know.

Please let me know if you have any quesPons.

Thanks,

Walter

Walter Brand
WATKINS & EAGER PLLC
The Emporium Building
400 East Capitol Street
Jackson, Mississippi 39201
Telephone: 601-965-1900 | Facsimile: 601-965-1901
Direct Dial: 601-965-1863 | wbrand@watkinseager.com
www.watkinseager.com
The information transmitted is intended for viewing only by the addressee, and may contain confidential and/or privileged material.
Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or
entities other than the intended recipient is prohibited. If you have received this message and you are not the intended recipient,
please contact the sender at 601-965-1900 and delete the material immediately and do not retain a copy.

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