DR0301-CS020918MARK W. SUTHERLAND, P.C.
Mark W. Sutherland
Board Certified:
Residential Real Estate Law &
Commercial Real Estate Law
Texas Board of Legal Specialization
Debra A. Walton, Legal Assistant
Attorney-at-Law
Civil Law & Family Law Mediator
Of Counsel to:
I~ITHROW, FISCU$ & MONGOGNA
1120 Metrocrest Dr.. Suite 200
Carrollton, Texas 75006
Tel: (972) 418-5250
Fax: (972) 416-8047
e-mail: suthwalt~gte, net
CMRRR#7002 0460 0000 0045 8219
September 18, 2002
City Manager City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
Re-'
Maintenance of drainage easement on Lot 20, Block, A, Shadow Ridge Estates
Addition, City of Coppell, also known as 252 Plantation Drive, Coppell, TX
75019 (the "Property")
Dear City Manager:
I have been retained by Mr. Rob Hair, the current owner of the Property, with regard to his
concerns about the person or persons responsible for the maintenance of a large drainage and utility
easement (the "Easement") located along the northern and eastern boundary lines of his Property.
Please pass this inquiry on to the appropriate City of Coppell department for response.
The Easement was created by the Final Plat of the Shadow Ridge Estates subdivision
approved by the Coppei1 City Council on April 10, 1984. The City Secretary's certificate on the
Final Plat reads as follows:
"The undersigned, the City Secretary of the City of C0ppell, Texas, hereby certifies
that the foregoing final plat of Shadow Ridge Estates subdivision or Addition to the
City of Coppell, as submitted to the City Council on the 10th day of April, 1984, and
the Council, by formal action, then and there accepted the dedication of streets,
alleys, parks, easements, pu~ic places and water and sewer lines, as shown and set
forth in and upon said plat/~-lhe said Council further authorized the ,M,,ayor to note
the acceptance thereof by s~ng his namOhereinabove subscribed. [Emphasis
added]
A copy of the relevant portions of the Final Plat are enclosed for your convenience.
City Manager-City of Coppell
September 18, 2002
Page 2
The Easement, as it runs across the northern line of the Property, is at least 50 feet wide.
There may be additional easement land to the immediate north of the Easement, in an adjacent
subdivision, that extends the width even further. The Easement contains a concrete ribbon along its
bottom and, on both sides, contains railroad tie retaining walls that mn at least the entire length of
my client's north and east boundary lines. At the west end, adjacent to Plantation Drive, there is a
large concrete culvert.
My client's specific concern is who is responsible for the maintenance of the easement and
its structures? His current and pressing concern is about the ongoing maintenance obligations
relating to the railroad tie retaining walls on both sides of the Easement, most especially the retaining
wall on the north side of the Easement. Those walls will require some major reconditioning in the
very near future. Additionally, he is obviously concerned about the maintenance of the culverts and
concrete ribbons across time. As noted above, the City of Coppell accepted dedication of the
easements as a part of the final platting process. At the same time, at least the southern retaining
wall is located on my client's property.
Any assistance you can offer will be greatly appreciated. Thank you in advance for your
attention to these matters.
Sincerely,
MARK W. SU
Mark W. Sutherland
Attorney At Law
MWS:dw
Enc: (Stated)
cc: Client
C:\CLIENTS\2569\001 WPD
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THE CO~JNTY OF OALL~ I
~INAL PLAT
177 LOTS
FIRST INCREMENT
(A-18) AND THE E.A. CROW SURVEY {A-3OI}~N
THE CITY OF COPPELL, DALLAS COUNTY
MARCH , 1984
/ ER / ENGINEER
OEVELOPER/ OWN ~ ~HRICKEL,,~LLINS
GRA-SON L~ND, iNC. 604 Avenue H
DGIIQI , Texol 7~201 (BIT}
{ZI4) 744-4162