Lakes of C 1stP-CS 93110511-05-93 03'00PM I~M NICHOLS JACKSON DILL TO CITY Ot~ COPPELL P002/OO2
DA~: November 5, 1~ ~ / ~~ ~ ~ ~,
SUBJE~: Mal~enance ~ Medi~ on Ma~r ~ul~a~ No~h ~ S~ ~ke Road
Per your request, I have looked into the matter as to who is required to maintain
the median on Mac. Arthur Boulevard north of Sandy Lake Road up to Deforest Road. As
you know, the Lakes of Coppell Homeowners' Association has been maintaining the
median. I have reviewed the Deotaration of Covenants, Conclitions .and R_est.rictior!.s for
the Lakes of Coppell, the Council minutes of July_1985. when M~ur mc~u. levar?~__w~_
platted, the plat itself, and have dla .c~. ~sed ~ matter w~= .S~v. ar.~_~_~n' .m__e_m_c~_rs.th, enC.~
been unable to find any documentation or reter, ences rene _crj.ng me .a. rra,g..~.-_,~-,_~ ....
had with the Association with regard to the meJntenance of t~e. maclan.
opin o, of ,,veral , embers that ?a,d,_pro.ugh
orally requested that the City allow the Assoc!ation t.o mal..ntaln, tne maas.an u.u~.~.u=~_ ~.u,~,
City had very few resources to do so at the time. According to genera~ unoers~ana~ng
at the City, the City gave a verbal assent to allow the Association to maintain the median,
and consequently, for the past several years, the Association has maintained the median
as It requested.
You have asked whether the CRy can continue to legally require the Association
to maintain the median. Normally, when an Association desires to maintain property in
the public right-of-way, it enters into a separate agreement with the City allowtng for it to
do so and the arrangement is reflected in the platting documents which are filed with the
City and in the Dallas County Deed Records. There appears to be no record of any
documentation or agreement. Consequently, after reviewing only the documents which
have been made available to me, it is our opinion that if the Association were to fail to
maintain the median, the C'~y could not compel the Association to provide the
maintenance.