Parks Coppell ABQ-CS 921106 (2) HOMEOWNER'S AGREEMENT
TrE STATE OF TEXAS
DEED RECORD
'~C':I"~TM OF ~"
Centex P. eal Esthete Co--ration is the owner of property located in Dallas
~n,.3,~.~'.+' ~e×as, being des~-~bed~,: on the plat attached hereto and made a part hereof and
marked "Exhlbit '"
Centex Real Estate Co~-moration wan~s to establish reasonable restrictions
on the development and use of the property. For the consideration of the mutual
benefit to the owner and ail future owners of the lots within the property, the
following restrictions are placed on every lot and are made a part of every deed.
ART ICLE I
Definitinns
The ~o!lowing words, when used in this statement of restrictions and covenants
(unless the context shall clearly indicate otherwise), have the following meanings:
A. "Association" means the Pa~l~s of Cop~aell I-~ome
OWNER ' q ASSOC [ATiOq I
· u~ty" shal~ mean the City of Coppell, Texas or its assignees.
C. "Common area" means all of the property designated as a common landscaped
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 document is applicable·
D. "Lots" means the numbered lots as shown on the plat which is attached as
"Exhibit A".
E. "Owner" means the record owner, "whether by foreclosure or otherwise) of
fee simple title to any Lot.
"Property" means the real property described above·
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Association: Creation, Membership, Bylaws
q_~ion~ ~.~ The Association shall, be formed as a non-profit corporation in
accoroance with the laws of the State of Texas.
Sec~io~· ~. Al! owners shall automatica~!y b~o.,.~m~ members of the Association.
~m~ ~ ' '
M~.,,~e. ship ~ the Association is limited to the owners.
Section 3. The Association may adopt by-laws that reasonably regulate the
organization an~ operation of the Associatioq.
ARTICLE Iil
Use and Management of Common Areas
Section 1. Each owner shall have the nonexclusive right of enjoyment and use
of the common areas. This right is an easement and passes with the title to every
lot.
Section 2. The Association shall maintain, repair, and restore ali common
a~eas. The Association shall levy an assessment upon each lot on a pro rata basis
for all costs connected with the maintenance of the common areas.
Section 3. Each assessment is the personal obligation of the owner 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.
ARTICLE IV
Rights of the City
Section 1. The City shall have the right to perform the maintenance
obligations of the Association if the Association fa~ls to reasonably perform its
maintenance obligations, and the Association fails to reasonably perform its
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mainzenance c~ii§ations within ten (10) days after receipt by the Association ef
writ[eh petice from the City stating the nature and extent of the Association's
failure to maintain common areas.
Section 2. Jpcn assuming the maintenance obligation, the City may collect all
assessments.
Section 3. When the City assumes the maintenance obligation, the City shall
have the right of access to maintain the common areas. The Association shall
indemnify and held the City harmless from any and all costs, expenses, suits,
demands, liabilities, damages, or otherwise including attorney's fees and costs of
suit, in connectio~ with the City maintaining the common areas.
Section 4. When the City assumes 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 resume its
duties to maintain the common areas when it presents to the City substantial evidence
of its willingness and ability to resume its 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 instrument vacating or modifying
the agreement is signed by the Mayor and all owners, and filed in the
Deed Records at the owners' expense.
Section 2. The Coppell City Council after recommendation by the Planning and
Zoning Commission 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 substantially changed to warrant the termination of this
agreement. T~e ?,ayor shall g~,Je notice to each owner not less than ten (i0) days
before ~ne date set for ~ne Planning and Zoning C..~mission hearinQ and the City
Council hearir~g by a_~.~,s ting the notice property addressed and postage paid in the
~jn~ted States Post r?:fice to each owner as the ownership appears on the last approved
City Tax Ro!l.
EXECUTE9 ON TH:S ~ day (~- , 19Oq'L"
Dallas Nortln DiVision President
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ACKNOWLEDGEMENTS
Article 6602, V a r S., enumerates the persons before whom a~nowledgements of
proofs may be =nade.
(1) Single Acknowledgement
THE STATE OF TEXAS
~q,,~v OF Dallas
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person whose name is subscribed to
the foregoing ~qstrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office on this day of ,
i9
Notary Public in and for
County, Texas
(2) Corporate Acknowledgement
THE STATE OF TEXAS
COUNTY OF Dallas
Before me, the uqdersigned authority, on this day personally appeared
Bi il ~1 Zen , of Centex Real Estate
Corporation , a coproration, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said corporation.
Given under my ~k~#~M~m~l~al of office on this IOlJlday of kJox/~r-f~][]~K~_~l~' ,
~ 'VUD~lC ]n and for' ~)~' "I1~-
~ ~'~°'"+~ ~ County Texas
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