Pecan Valley-CS 911226 NICHOLS, JACKSON, KIRK & DILLARD
(Formerly Sallinger, Nichols, Jackson, Kirk & Dillard)
Attornevs& Counselors at Law
T,~ K.R~ 1800 Lincoln Plaza
ROB[~- L. C,CL^R~,, 500 N. Akard JOHN PNE~C[ GRIFFIN
ROe[~T D HEMPH'LL Dallas, ~xas 75201
~ =~Ul~ ~4-c~o:$ Facsimile (214) 954-3334
December 26, 1991
City of Coppell
P. O. Box 478
Coppell, Texas 75019
Re: Declaration of Covenants for Pecan Valley Estates and Pecan
Ridge Estates
Dear Shohre:
I have reviewed the Declaration of Covenants, Conditions and
Restrictions for both Pecan Valley Estates and Pecan Ridge Estates.
As you are aware, the City must approve these documents before
acceptance of the Plat. After reviewing these documents, I see no
retirement whatsoever for any City maintenance or supe~ision of
the common areas of the subdivisions. Although this is a desirable
aspect, I believe that if there are any parts of the co~on areas
which become abandoned or are negligently maintained, a clause
needs to be added which would allow the City to maintain the area
if the Association fails to do so. The clause should further
provide for the City to "step into the shoes" of the Association
and assess the me~ers for the costs. For example, the co~on wall
between the City streets and the Homeowners Association's private
property becomes ugly and is no longer maintained. The documents
re~ire the Homeowners Association to maintain this wall. If the
Association fails to maintain the wall, the City should have the
option to come in and maintain the wall and assess the members.
Whether the City wants to enter into a separate agreement with the
Homeowners Association or include this as a condition in these
documents is up to you.
In conclusion, the Declarations for Pecan Valley Estates and
Pecan Ridge Estates do not re~ire any City maintenance or
supervision of any co~on areas in these two subdivisions.
However, it is desirable to add a clause which would allow the City
to "step into the shoes" of the Association and maintain any
neglected areas and commence assessing-.the me~ers of the
December 26, 1991
Page 2
Association. If you have any further questions, or desire or wish
me to draft the language, please do not hesitate to call.
Very truly yours,
NICHOLS, JACKSON, KIRK& DILLARD
Bruce A. Stockard
BAS/jd
cc Steve Goram
Director of Public Works, City of Coppell
Gary Seib
City of Coppell
Ken Griffin
City of Coppell