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Grapevine Springs-CS030818 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To: Bob Hager, City Attorney From: Kenneth M. Griffin, P.E., Dir. of Engineering/Public Works Date: August 18, 2003 RE: Encroachment into Grapevine Springs Park The City of Coppell has been contacted by a property owner at 257 Rosemount concerning the construction of a retaining wall to protect against erosion occurring adjacent to his property in the Grapevine Springs Park area. In 1994, the City of Coppell entered into an open space agreement with Dallas County concerning the use of Grapevine Springs Park. I am seeking a legal opinion as to whether or not the City of Coppell, acting on its own, has the right to allow an individual to construct a retaining wall within Grapevine Springs Park on property that is technically owned by Dallas County. A representative from Dallas County, Mary Phinney, has indicated to the property owner that Dallas County does not have a problem with the encroachment. However, the open space agreement was approved by Dallas County Commissioners Court and executed by the Mayor of the City of Coppell. I am unsure as to our rights in allowing the encroachment without seeking a modification to the agreement. Upon your review of the agreement, does the agreement allow us the flexibility to allow encroachments on the Grapevine Springs Park property? The property owner is aggressively pursuing this request so any help I can get in expediting your opinion would be appreciated. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"