Children's World-CS 861124Date :_ .November 24 ;19'86, .':Lf ?.:~_ ' ~: 'j
Attn: Mr. Ed Powell, P;E, ~ t~'~-,~- ~!,::[::!.'~.i: ·
We are--cUrrently
the street scape or owner's agre ..
forward this document, to you as sogn:
the
main
offi~e
If we-can be of any.~assl.~ance~..:
STEMBRID~E t& /ASSOGI.
Delber~ R, S~embrid~
EXHIBIT A
HC~X~ ' S AG~KFME~T
THE grATE OF TEXAS )
) Dram RF.(DRD
COUNTY OF I)A~.~AS )
Children's W~rld~ Inc. is the owner of property located in Dallas
County, Texas, being described on the plat attached hereto and made a part hereof and
marked "Exhibit A".
Parks of Coppell Association wants to establish reasonable restrictions
on the development and use of the property. For the consideration of the mutual benefit
to the c~vner and all future owners of the lots within the property, the following
restrictions are placed on every lot and are made a part of every deed.
ARTICLE I
Definitions
The following words, wb~n used in this statement of restrictions and covenants (unless
the context shall clearly immdicate otherwise), have the followirg meanings:
A. "Association" means the Parks of Coppell Association
OWNER'S. ASSOCIATION, INC.
B. "City" shall mean the City of Coppell, Texas or its assignees.
C. "Coumon area" means all of the property designated as a ccmm~u lar~scaped
area on the plat attached as "Exhibit A" and includes all screening walls adjacent to
the public R.O.W. adjoining the subdivision for which this ~t is applicable.
D. 'Trots" means the raxnbered lots as shown on the plat which is attached as "Exhibit A".
E. "Owner means the record o~ner, '%~ether by foreclosure or otherwise" of fee simple
title to any lot.
F. "Property" means the real property described above.
ARTICLE II
Association: Creation, Membership~ By.laws
Section 1. The Association shall be formed as a non-profit corporation in accordance
with the laws of the State of Texas.
Section 2. All owners shall automatically become members of the Association. Membership
in the Association is limited to the owners.
Section 3. The Association may ~dopt by-laws that reasonably regulate the organization
and operation of the Association.
ARTICLE III
Use and Mana~en~nt of Com=m Areas
Section 1. Each owner shall have the nonexclusive right of enjoyment and use of the
c~non areas. This right is an easement and passes with the title to every lot.
Section 2. The Association shall maintain, repair, and restore all c(x~non areas. The
Association shall levy an assessment upon each lot on a pro rata basis for all costs
co~-~-~cted with the maintenance of the c~mnon areas.
Section 3. Each assessment is the personal obligation of the c~n~r of each lot at the
time when the assessment is due. The assessment, together with interest and cost of
collection including reasonable attorney's fees shall be a lien on the lot and on
all improvements on the lot.
AKrlCI~ IV
Rights of the City
Section 1. The City shall have the right to perform the maintenance obligations of the
Association if the Association fails to reasonably perform its maintenance obligations~
and the Association fails to reasonably perform its maintenance obligations within ten
(10) days after receipt by the Association of written notice fr~m the City stating the
nature and extent of the Associations's failure to maintain c~,,~n areas.
2
Section 2. Upon assuming the maintenance obligation, the City may collect all assessments.
Section 3. When the City ass~nes the maintenance obligation, the City shall have the right
of access to maintain the c~,~,~un areas. The Association shall inde~mify and hold the City
harmless from any and all costs, expenses, suits, demands, liabilities, damages, or other-
wise including attorney's fees and costs of suit, in connection with the City maintaining
the common areas.
Section 4: When the City assu~es .the maintenance obligation, the Association shall not
collect any assessments, and shall have no authority to perform the maintenance obligations.
The Association may collect assessments and restrain its duties to maintain the commas areas
when it ~esents to the City substantial evidence of its willingness and ability to res~ne
it maintenance obligations.
ARTICLE V
Duration
Section 1. These restrictions shall be binding for a period of twenty-five (25) years from
the date of this agreement and shall automatically be extended for successive ten (10) year
periods unless a written instr~ent vacating or modifying the agreement is signed by the
Mayor and all owners, and filed in the Deed Rmcords at the ~ner's expense.
Section 2. The Coppell City Council after recommendation by the Plarming and Zoning
Cc~mission may by resolution filed in the Deed Records terminate this agreement if the
Council 'finds physical conditions of the property and the surrounding area have sub-
stantially changed to warrant the termimation of this agreement. The Mayor shall give
notice to each owner not less than ten (10) days before the date set for the Planning and
Zoning Coemisston hearing and the City Core. il hearing by depositing the notice property
addressed and postage paid in the United States Post Office to each owner as the (~nership
appears on the last approved City Tax Roll.
EXELlrfED ON THiS / ~/~- ~
Owner: cm_~.rtr~n' s Uortrt,
Inc.
Joseph-~ H. Earnott-Vico Prasident