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Forest Cove 2-CS000412May-Og-O0 g?2 304 3514' O7:31A CityAf Coppell 97 ;~'h304 ROBERT W. I~3~PE ,gr. ASSOCIATES 4011 W. PLANO PARKWAY SUITE 104 PLANO, TEXAS 75093 (972)964-880t - FAX (972)596-654? P.01 April 12, 2000 Ms. Jan Bertrand Building Inspector City of Coppeil P.O Box 478 Coppell, TX 75019 Re: Forest Cove Addition Phase II Dear Ms. Bertrand: In October 1999 we requested, on behalf of Newmark Homes, release of Lots 13 and 23, Block A, Forest Cove II; the request was granted based on our commitment to amend the deed restrains to allow the Forest Cove Homeowners Association the right and ability to maintain the ~ on these lots in the same manner the screening wall 'along Sandy Lake Road will be maintained. Although we started the process of amending the deed restrictions in November 1999, we have just now received the enclosed copies of the recorded amendments to the deed restrictions. These documents provide a maintenance easement on the lots adjacent to the walls and add the walls to the maintenance responsibilities of the Association. We would appreciate your acknowledgement of receipt ofthe~e documents. We as, SUme homes on tffese lots,gan be released for final inspectio, ns (subject, of course, to satisfaction of the t~.tan~tatd requirements of the City). *.'.. Thank you'f~r working with us in the resolution of this matter. Please let us know if3~ot~ have any questions. cc: Dave Schramm, Newmark Homes Mark Messer, Pacific United May-O9-OO O7:31A ~ED-O 1-20~J 13:14 City~of Coppell 972~,,,304 3514 ~,LIN' ~[DLE'f ?~ M'LLER 214~$949~9 P.02 P. ~2>Ef5 SUPP[.EAI£NT.4ND A.~IENDMENT TO DEC~ TION OF COVENANTS, CONDITIONS ~D RESTRICTIONS FOR FOIST Cove ~SZdTES THE STATE Or T¢,X.A$ CO'J~TY OF DALLAS This Supplement and Amendment to Declaration of Covenants. ~ond~t~ons and Restrictions for Forest Cove Estates (the "Supplemental Declaration") is made ~'fis Z~da>' of_~.l,~..~el~ 2000, b>, Forest Cove 8states Homeowners Association, Inc., a Texas non-profit corporation (tlcreinafter referred to as the ".Association") aad ?acibe United, L.P., a Texas limited partnership (hereinafter referred to as the "Developer"). · '~VI T N ESS ETH: Wl~gR~:ns, Dcveloper. as the OWtl.~f a~d developer of thc real property ~nown as Fores~ ' 1 - ' - Cov~ Esta~.an addition to ~c City of Co~pol,, Dallas County, Texa~ (uhe ~ttbdl described on. Exhibit "A" attached hereto and made a p~t h~eof, established .~ Association; ~ad WHERE'AS. Developer has heretofore subject~ t~ Subdivisim; to certain covenants, conditiov~, restricnons, easement% charges ~d liens, as set 5o~ in ~e DeSire-at,on of Covenants, Conditions and Rest~ct~ons for Forest Cove Estates filed with the County Clerk of Dal]as Texas. on June 23. 1998. as Inst~mcnt No. 189662 ttbe "Declaration"); mad ~'~mERE,tS, the Declara:ion runs with the Subdivmon ~_-.d is binding upon and inures to tile he~ae,qt of Developer and all owners or purchasers of the Lots within t1~e Subdivision, and upon tt~eir heL-s, successors, executors, administrators and assigns; and . Wi-IER£.xS, all the owners of the Lots, including the'Developer, are required to be members of the Association and d'.c Association ~s entitled to supplement and amend the Declaration; and W~i ~ a~.AS, the Assoc!ation deem s n desirable to supplement and antend the Declaration to Ffnpose certain ;.tddit(o~a~ covenants, coc. flitlons and resections upml the Subdivis~.on. Nov,, 'I'Hi~R£FORE, the Assoc;.ation declares that ti'~c ali Lots situated in :he Subdivision arc and sha!l be held, transferred, sold, conveyed, used and occu~'~ed, subject to the following covenants. conditions, restrictions, casements, charges and liens (somcr~mes referred to as the "bupplemeatai Coveuan:s and Restrictions"), herein set/brth. Supplemen: and Ar,,~,~mcn: to D~¢laratinn of Covcnac[~, Cor.~txons and R~trictions for ~orcst CoW F. states 0 58 Pag,: 1 May- og- 00 07:31A ;EB-2 ~-2~.0~ 1~: City~f Cop~pell ,'"""%ICL ! N' r-, i DLE'¥' & M [ LLER 972 304 3514 P.03 Tke Declaration {s hereby Paragraph 6 of the Declaration: ARTICLE I supplemented Nd ar_,cndcd by addin~ the following ~o 1.1 AdditionaI Association Maintenance Responsibilities. [n addition to maint'.,nance upon tee Common Area. and as provided in Section 6 or the. Declaration, the Association shall also pr6yide maintenance upon thc re,mining/screening wall ¢onsW~cted in the Subdivision along Sandy Lake Road on the .,'ear of Lo: Thirteen (13), Block A, and thc side o£Lot Twenty-thrie {23), Block A (',Screen' ' ~]~'all"). Such mainto-nance shall mci adc maintaining, repairing, rcm,eYing, replacing or~jograding or thc Screening Wall.. ;. " 1.2 Maintenance Easement, The Association and Developer rest'rye a'non-¢xclusiv¢ · peG~et:~a! c~scrnen~ tn. to, over, under, along and across Lot Thirteen (I 3), Block A, Lot Tw enty- three (23), Block A, and Lot Twsnty-four (24), Block A, solely for the purpose of maintaining. repairi'ng, removing, replacing, or upgrading the Screening Wail ("Maintenance Easement"). Neither · tho Association nor ~hu Devclopcr, using the Maintenance Easement, shall be liable for any damage dor. e by them or fl:¢ir a~sign.~, :heir agents, employees or servants to any property of the Gwncr. ARTICLE II 2,1 Duration. The Supplemental Covenants a.nd Restrictions of this Supplemental Dee'.ara:ion snal, run and bind the Subd;.v[sion, ar.d shall inure to ,.he ben~fk of and bc enforceable 5y the Association. Th!s Supplemental Declaration .~halI be effective until January 3 I. 2026, after · which :i.-n¢ such ~ovenan'.s and rest,.ictions shall be automatically extended for successive ten-year o¢:'~¢ds. 'a.nl~ss the Assozia:ion by a sev.:nry-~v¢ ~¢.-c~nt (75%) vote ~ f its m.-mbers determined by a!loca::ag rotan as vrovidecI in '.ha Declaration, shall'in writing, change or modify same in whole or in part by action taken during tke ),ear 2026 or during the las! year of any succeeding ten.year :enewal period. 2.2 ,.~. Notwithstanding Section 2.1 o£ this .article, this Supplemental Dccla~ation ]-nay be amencted ar.d/or changed by a seventy-five percm~t (75%} vote of the members al. lo,,a,,~,= the votes ~.s provided in the Declaration. No such of the A'ssociation, de~ermined by . ,, .. amendment shall become cffcctive i,1 any event unless contained in a duly executed and autho.'[zed mstr"-meat fi[cd m :he of'rice of the Cour. ry Cl¢:'k of Dallas County, Texas. cxccpt that prior lo Janua:y 1,2002, no such amendment shall be valid or effective v, itho:c, lhejoindor of'tEe Developer. No amendment shall be ~f.Cecti,,'e ~,nt:..1 d~icty (30) days after recording or until all re¢lUim~e go(;ctnmer, tal approvais, if any, have b~:n obtained. " 2.3 Conflict ~vith Declaration..If any provisions oftkis Supplemental Declaration conflict ~:irh tho provis:on in the Declaration pertaining to ~¢ ~am¢ .~ubject, the provismn tl~at is more r?s~cL~ ~', 9r tiaa: contains the most stri:gcnt requiremer..rs si~a'.l control. Page 2. 0 5 8 ,') 3 5 6 F, May-0g-0Q 07:32A City of Coppell 972 304 3514 P.04 2.4 ~. Eachtcrm uti]ize~n ti'~.~l~lplementaI Dcclaration,,wi~vits initial letter ~a~/talized &nd not otherwise specifically defined hcr~n shall be BNen the me.,anmg a~.ribed to such term in the Declaration. :' ~ IN Wrr~£$~'~£1~£o~, thc ^ssociation and Developer havc cau,~ed this instrument to be executed, as of' thc dsta set forth in the first parsBr~ph of thim Supplemental Declar~tlon. By: FOREST COVE E$'I'ATE$ ASSOCIATtONs a Texas non-profit corporation Title: President HOMEOWNERS PActr]c UNITE{], L.P. Texas limited partnership By: Pacific United Devclopment Corp. a Nevada corporation, its sole Gcneral Partner rrinted Name: Suppleme~: and Amendment to Declarat'-o.'t of (.2ovcnan~, Condition~ a~d Re.~ction~ for F~e~t Covc E~tat,, Maj.-09-00 07:32A City~of Coppell 97~,304 3514 P.05 ¢E.?.=.-O1-21~O 13:'.5 ~ ..,.OLIN' ~[DL~"r' g MILLER cou-,?Y o~ 6~",~ ~ AC KNOWLIV DGM I~ NTS BEFORE ME, the undersigned authority, on this day personally appeared Mark Messer, President of' Forest Cove Estates Homeowners Association, Inc., a Texas non-profit corporation, known to me to be the person whose name is subscribed to thc Foregoing insm.m~cnt ~md acks'.owledgcd :o me that he executed the same for thc purposes and consideration therein expressed. m the capacily slated: and ~ the act and deed o£said corporation, c,,,,~.-, r.-, o,.., _,4¥ H.,~, A~,, S,.'.-,L OF O,:F,<:" t~ t~,'~.~.t ,:]ay or 4,?, ~'_~_ ~ ,...? ~ooo. ----'7' Pubhc m and for State'o~,n~~_-. M,y Commission Expir:s: ~' "'-~alt,' .......... · ...... ~.~. :: ..... ': ! .. · § COUNTY OF ~./-~ tP'~ t.ik~ § . ,~EFORE >'IZ, ':he unde, stgned-' autno~ty,' ' off ~is day personally appeared ~m ,' . ~c-V , ~,'c ~ ~:'~ ~. ,(-,~ of Pacific United Developmeht Co~., thc sole General Parr. er of Pacific Ual:ed. L.P.. a Tex~ limited p~tnership, known to me to be the person whose name is subscribed to the foregoing mswament ~d ac~owledged to me thzt he/she executed the sam= for the pu~oses and considm'alion therein expressed, m ~e capacity stated, and ~ tee act and deed of sa~d co~oration. · ~fl '9' GIVEN UNDER ~[~,~.a~,~ SEAL OF OFFICE tAm ~e. y of ~.~ _000. ,-~.. ..~ ,, : ' · ' ~,! ' , ..... r , :~% · ~ -~ .... My ~omm;sson gXpl~: _. ~p~=m~ and A~ndm~ct ~o ~¢ctara/ion of Cov~%anl~, Condmocs ar, d R~s~r';ch0ns for Fo~s; Cove gs:a~cs Pag~ J ~030 5 8 03567 r.]rCL =.Off May-09-00 07:32A City~f Coppell g72~304 3514 P.06 E.vd~IIBIT A Phase I Pld~rlc ~ L~. ~ Il ~ 171~4. PAM: llaeM Ti(o~) MX:QII:II '~ ~d:)CE S W.,r44' r. Hi,mC ~ sot,ms'e,M~i ~ ~m°~r'M~i~ Lidr- A DHTMc~ mr May-09-00 07:33A City.~f Coppell g7~304 3514 P.07 ?h~s~ II ~ LNT~. i.e. ~[CCJ~D~ k VO. JUld[ I7154 ~~ it ~ TO A I/Z-iICN ~X) r~UID ~ ,~L ~ M SM) Ii41NN~ ~ , {3356° 97;~ 304 ~514 May-09-00 07:35A City.~'~ Coppell 97~'~04 3514 FEB-O1-20E~ L~: 14 ,~,~LIN' ~IDLEY ~ MI~LE~ SUPPLEMENT AND A_~IENDMENT TO DECLAIL4 rlON OF COIfEN~INTS, CONDITIONS AND RESTRICTIONS FOR FOREST COVE ~STATES THE STATE O~-' TE;,LA$ CO,J~T¥ OF DALLAS This Supplement and Amendment to Declaration o£Covenants, Con~tion~'m'~d'Restriction~ for Forest Co~c Estates (the "Supplemenm~ Declarat~") is made ~s"~Z~da)' o~~ 2000, b~st Cove Estates Homeowners Association, Inc., a Tex~ n~.proEt co~oration (hcrcin~efe~ed to as the "Association") ~d Pacific Unite& L.P., a T~as fruited p~ncrship (herci~fter refe~ed to as ~e "Developer"). WITNESSETH: WIIEREA$, Dcve!oper. as the owner and d~'e]oper of thc real property known as Forest Coves Estates, a~ addition to tltc City of CoppelI, Dallas County, Texas (the "Subdivision"), described on Exhibit 'A" attached hereto and made a part hereof, e~tablished the Association; m~d WHEREAS, Dcvclopcr has heretofore subjected the Subdivision to certain covenants. conditions, restrictions, easements, charges ~d lien's, as set ~orth in thc Dcc~m'at~on of Covenants, Conditions and Restr/cfim:s ['or Forest Cove Estates filed with the County Clerk of Dallas County, Texas. on June 23. 1998, as lnstrumcnt No. 189662 (the "Declaralion"); WIU~.RiAS, thc Declaration .runs with the Subdivis:on a:.d is binding upon and inures to thc benefi: of Developer and all owncr~ or purchasers of the Lots within the Subdivision, and upon d~eir , he,k's, successors, executors, admir_istrator~ and assigns; and WHEREAS, all the owners of the Lots, including the Dcvelopcr, arc required to be mcmbcr~ of' [he A~sociation and tkc Association is entitled to supplement and amend the Declaration; and ~v¥11EREAS, the Assoc:ation deems it desirable to supplement and amend thc Declaration to impose ccrtaln additional covenants, coaditions a~d res~cti OhS upon the Subdivision. NOw '['HEREFORE, the Association declares that ~".c all Lots situated ir, :he Subdivision arc and sha_;l be held, transferred, sold, conveyed, used and occu?.cd, subject to the following covcnar~ts. conditi°ns, restrict/oas, casements, charges m~d liens (sometimes re fen'ed to as thc "Supplemental Covenants and Restrictions"), i~erein set lbrth, gupplen~en: ~,nd AmenCmcn: :o D~oi~ration of Cov,,!~r, ui, ~'~.Ocd:..'.ion,s and gc;tfictiom for Forest Cove F~tes t, 058 Page 1 /_The City With A Beautiful Future P.O. BOX 478 COPPELL, TEXAS 75019 June 22, 1999 P.O. Box 478 Coppell, Texas 75019 972-462-0022 Robert Pope, P.E. Robert Pope and Associates 4011 West Piano Parkway, Suite 104 Piano, Texas 75093 Final Acceptance Dear Robert Pope: A Final inspection of paving and utilities for the referenced project has been confirmed by representatives of the City of Coppell. The two-year maintenance bonds and as-built drawings have been received from the contractor. Maturity on the bonds will be two years from the date of this letter. Maturity on the Erosion Control Bond will also be two years from the date of this letter. ~Core~c~n Inspector Mike Martin, Assistant City Engineer Doug Stevens, Engineering Technician Glenn Hollowell, Director of Public Works Greg Jones, Chief Building Official Travis Crump, Fire Marshal Procker/sulxlivsn/01 finals/fomcv2 MEMORANDUM To: From: Mike Martin, P.E., Asst. City Enigneer Doug Stevens, Engineering Technician Glenn Hollowell, Director of Public Services Greg Jones, Chief Building Official Travis Crump, Fire Marshal Larry Davis, Construction Inspector~ / (~ WALK-THRU (follow-up) for Forest Cove, Phase H Date: June 8, 1999 A follow-up walk-thru for sweets, utilities and drainage on the referenced project has been rescheduled for Wednesday, June 9, 1999 at 1:30 p.m. If I can be of further assistance please let me know. cc: Robert Pope, P.E./Robert Pope & Associates fax: 972-596-6547 Bill Jones, Jr., Site Concrete fax: 972-513-0825