Screening Fence along the Lakes of Coppell Subdivisions adjacent to DeForestN S500 N. Akard Street1800 Ross TowerDallas, Texas 75201Main: 214-965-9900Nichols,Jackson,Dillard,Hager&Smith,LLP pg^. 214-965-0010Web: www.njdhs.comRobert E. HagerEmail: rhager@njdhs.comJune 26, 2017Alison DeCarlucciLakes of CoppellHome Owners Association Manageraldecarluccifajcmamanagement.comRe: Screening Fence along the Lakes of Coppell Subdivisions adjacent to DeForestRoadDear Ms. DeCarlucci:Please be advised that I am the city attorney for and on behalf of the City ofCoppell, Texas.Per the request of city staff, I have reviewed the records concerning the screening fence forthe Villages of Coppell subdivision, located adjacent to DeForest Road. In May 1985, when theplat application for the area now known as the Lakes ofCoppell was submitted, the City's zoningordinance required a screening wall to be installed between DeForest Road and the alley. Afterreviewing the City's records, I have determined that the Raintree Village subdivision was approvedfirst in 1985, with the provision of a brick wall being constructed as required by the ZoningOrdinance. Later in 1991, the Villages ofCoppell III & IV subdivisions each were approved withthe provision that Photenia Landscape Screening would be planted in the alley adjacent to Deforestand would be imgated and maintained by the HOA, as allowed for in the Zoning Ordinance. In1996, the screening fence was approved and the easement granted to take the place of the wall anda portion of the landscaping. As you can see in the documents attached hereto, the Lakes ofCoppellHOA accepted full responsibility for the fence, including maintenance and repair of the fence. TheCity recently learned that the HOA abandoned the easement in 2013.We do agree that by abandoning this easement, the Lakes of Coppell HOA has foregoneits responsibility to maintain the screening fence. However, the City, likewise, has no duty tomaintain this fence. In fact, because this fence benefits private property, the City is prohibited bystate law from spending public funds to maintain the fence. Now that the Lakes of Coppell HOAhas abandoned this easement, if the fence is removed, the properties adjacent to DeForest Roadwill not have screening from DeForest Road, and will be in violation of the City's zoningordinance.TM 87405
I do not have reason to anticipate that the City will remove the screening fence now that ithas come to light that the easement has been abandoned; however, the City will not repair thefence, either presently or in the future. In the event the Lakes of Coppell HOA desires to resumeresponsibility of the screening fence, or would like to construct a screening wall in place of thefence, the City will consider granting a license agreement, authorizing the HOA to access theCity's property for this purpose. If the HOA chooses to do nothing, and the existing fence falls oris removed, the properties adjacent to DeForest Road will be in violation of the City's ordinance(s).Should you desire to discuss this further, please don't hesitate to contact me.Respectfully,NICHOLS, JACKSON, DILLARD,HAGER & SIBy:Robert E. HageiCc: City Manager's officeCity PlannerBobby FinkenVia email: bobbyfinken(%aol.comLee SimmonsVia email: pts90(%aol.com
.® .AGENDA REQUEST FORM.;^<^ y^^CITY COUNCIIi HSETINOt July 23, 1996XTEM CAPTION tConsider approval of granting an easement for fence installation to the Lakes of Coppell HomeownersAssociation along DeForest Road and authorizing the Mayor to sign.APPHOVEDBYCITY COUNCILDATE'—2-^-^-SUBMITTED BY: Kenneth M. Griffin, P.E.THIiB: ACM/City Engineer iNlTZAliSSTAB-E- COMMENTS : For some time now, the Lakes of Coppell Homeowners Association has been indiscussion with the City of Coppell about the construction of a screening fence along Ralntree Village andthe Villages of Coppell subdivisions adjacent to DeForest Road. Because of the location of the alley lathose subdivisions and the grade change along portions of the subdivisions, it is necessary for this fenceto encroach upon City right-of-way. Therefore, the Lakes of Coppcll Homeowners Association hasrequested a 5 foot easement from the City in which to construct the proposed screening fence. Attachedare the easements along with the letter from the Homeowners Association detailing the type of screeningand the fact that the Homeowners Association will mow and maintain the easement area.STAFF RECOMMENDATION Approval 2 DenialEXPLANATION IStaff will be available to answer any questions at the Council meeting.BUDGET AMT.$FXNANCIAL COMMENTS iy^*AMT. EST.$+/- BUD:$FINANCIAL REVIEWAttnda Riqutst Ponn - Rcvlstd 1/94CITY MANAGER REVIEW!Document Name 2,cngTM 87405
THEJ[AKESOFCOPP^LLJuly 12, 1996Mr. Ken Griffin, City EngiaeerCityofCoppeU255 Parkway BoulevardCoppeU, Texas 75063Re: DeForest Road Fence BasementDear Mr. Griffin:Please allow this letter to confinn the Lakes of Coppell Ownei's Associations obligations andrequirements for Hbo proposed Deforest Road fencing. The Owner's Association will beresponsible for the site preparation to accommodate the construction of the fence. We do notexpect the City of Coppell to do (his work.Maintenance of the areas inside this fence, including (he land between the existing alleys andfencing, will become the responsibility of the Owner's Association as soon as the fence isconstructed. Routine maintenance and repair of the fence will also be the responsibility of theOwaei's Association. Repaus or replacement oftfus fencing <hat could occur ftom Ihe City 'simprovements or maiateuauee of DeForest Road would be the City ofCoppell's responsibility.Maintenance of the stteetslde area will continue to be the responsibility of the City and/or theVillages of Coppell Homeowners Association.As soon as we receive the acceptance of the proposed easements, the Ownei's Association willproceed with bidding this project. It is our intention to complete at least the first phase fromMacArthur Boulevard to Lake Forest Drive this year.Sincerely,LAKES OF COPPELL OWNERS ASSOCIATIONHeritage Square I • 4835 LBJ, Suite 600, LB 50 • Dallas, Texas 75244 • (214) 934-8400