Meadows Addn 1-CS 921217NICHOLS, JACKSON, KIRK & DILLARD
Attorney~ & Counselors at Law
(214) 954~3338
~ecember 17, 1~2
TEI_ff~"~N~¥ 0=J~}~) ~ I.E'T'I*~, De4ivar To:
Ms. Mart~m ~
Funa e
FAC~4~ILE N~. 3~-~1
Numbs' of Pe~8 2, Inoludtng thi6 page.
Dear M~. Salem,lle~:
Ae a~erney for the CRy of Coppell, Te,~, we ~ve ~n reviewing the prope~
at 2~ ~~ ~ in ~n ~ ~ swlm~ng ~ol en~hmem imo ~e
CW's ~ ~r ~. We u~d th~ our ~, M~n Fisch, h~ a
r~ ~n ~ ~e ~ ~ Fun~ng C~r~n th~ h~ hit a
snag ~ ~ ~ ~ ~ch~.
I h~ b~ ~d by N City engineering ~ that the City will never have
reason to a#em~ any ~ervioe of the sewer easement t~rough the surface which would
interfere wk~ the la--si. I am telel that any repair or maintenance would be handled by
in~e~d~g a liner i~o the ~ pipe f~orn manholes considerably away from this
property. ~ ul~on this inlermation and prior discussions concerning this matter w~
the City Court(Iii, it is my opinion tl~lt the Council would be willing to enter an agreement
with the prol~[~ owner on the fallowing cond~ions:
1. The City would permit continuing encroachment into its existing easement
and a~ree that any rnair/~ef~nae or servlee to lt3e sewer line would be done wi~out
reachir the line from
2. The owner wou~l ~mnt to C~ a new similar easement immediately south
and ~ to tl~ ~ ~ment w~3h would not 13o used unless the existing
easement is atelll~loned by the Ol~y.
Deoemller 17,
Page 2
If we were to work serne~hing out such as described above the City would retain its rights
in the e~le~ln~l eaasm®nt e~ce~t for the condition that the sen/icing (x maintenance of the
easement would I~J done by an i~er lining procedure rett~er than reaching the sewer line
from the surfJoe of the proi~erty and, of ~ourse approving the encroacJ3ment which would
not reelUi~e the owner to move ~ swimming pool. If in the future the City found it
impo~eibte or inl~ to ~ and maintain the line through ~oma underground
means N Ci~ eeu~ aiJJ~J~ t~J existin~ iment and by using the new adjacent
easement, I~ in s ~ I~e thai ~ould go areu~l the pool.
It la my u~eratendtn~ ~ Ms. Ftsch would a~lree to this and grant the adjaoent
easemem te ~
We h~ee that this ~ of an arrangement would satisfactorily meet the
requiremen~ ¢ beth the ~ o~ny and Country Wide Funding Corporation, After you
hava had a eha~ee to review th~ with your people pleaae let me hear from you.
Very truly yours,
NICHOLS, JACK.~ON, KiRK & DILLARD
cc:
FAC$111~LE TO 311~-0948
FA¢_.,,.q41~ILE TO 8~8-0888