Parks Coppell-AG 921208SUBMil-IED BY:~
(
EVALUATION OF ITEM:
Date of P & Z Heeting: Move~ber 19, 1992
Decision of P & Z Contission: Approved (5-0)
STAFF REP.: Planning Director. Gary L. Sieb
OTHER REP.:
DATE:
Please see attached staff report for further detalle.
BUDGET AMT.
AMT +/-BUDGET
N/A
FINANCIAL REVIEW BY ~
LEGAL REVIEW BY:
REVIEWED BY CM'~ ~~_
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
MILL CREEK ESTATES - FINAL PLAT
(FORMERLY PARKS OF COPPELL, SECTION I)
P & Z HEARING DATE: November 19, 1992
C. C. HEARING DATE: December 8, 1992
LOCATION:
At the southeast corner of Parkway Boulevard and Heartz Road.
SIZE OF AREA: 3027 Acres of land.
REQUEST:
Approval of a final plat.
APPLICANT:
Centex Real Estate Corporation
1660 S. Stemmons Freeway
Suite #150
Lewisville, Texas 750067
(214) 221-5556
REP: Mr. Bill Anderson, PE
Dan Dowdey & Associates
16250 Dallas Parkway
Suite #100
Dallas, Texas 75248
(214) 931-0694
HISTORY:
This property was formerly zoned as (TC) Town Center, and is presently
vacant.
TRANSPORTATION:
Denton Tap is a six-lane divided thoroughfare (PD6) contained within a
100' right-of-way; Parkway Boulevard is a four-lane divided roadway
(C4D) contained within a 80' right-of-way; Heartz Road is an improved
tow-lane undivided street within a 60' right~of-way.
SURROUNDING LAND USE & ZONING:
North - Parkland; SF zoning
South - Developing SF; TC zoning
East - Single-family; PD-SF zoning
West - Vacant; TC zoning
ITEM 10
COMPREHENSIVE PLAN:
The Comprehensive Plan indicates CFC) to be appropriate for this area.
ANALYSIS:
The preliminary plat for this item was approved with the stipulation that
the lots in Block A & B have a minimum 70' width, that the Homeowners
Association own and maintain the linear park, and that the pedestrian
easement be given to the City that conforms with the linear park.
Additionally, a cement stabilization base is required along the creek, and
a constant lake level be provided with algae control.
At the time of preparation of this staff report, these conditions had not
been placed on the face of the final plat, nor had the Homeowners'
Association Maintenance Agreement been submitted for review by the
City. As long as the plat shows the above information, staff has no
objection to the approval of the plat. Most importantly, we must secure
the Homeowners Maintenance Agreement prior to approval of the final
plat.
ALTERNATIVES:
1) Approve the final plat.
2) Deny the final plat.
3) Modify the final plat.
ATI'ACHMENTS: 1) Homeowners Maintenance Agreement
2) Final Plat
millcrk, stf
TC
HOMEOWNER'S AGREEMENT
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
DEED RECORD
Cea~x Real Estate Coz-potation 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".
Centex Real Estate Cx)~l~orat±on wants to establish reasonable restrictions
on the development and use of the property. For the consideration of the mutual
benefit to the owner 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
Definitinns
The following 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_~ks of Coppell IIo~e
OWNER'S ASSOCIATION, INC.
B. "City" shall 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
fee simple title to any Lot.
F.
by foreclosure or otherwise) of
"Property" means the real property described above.
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ARTICLE II
Association: Creation~ Membership~ Bylaws
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 adopt by-laws that reasonably regulate the
organization and operation of the Association.
ARTICLE III
Use and Management of Common Area~
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 all common
areas. 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 fails to reasonably perform its
maintenance obligations, and the Association fails to reasonably perform its
2
maintenance obligations within
written notice from the City
failure to maintain common areas.
ten (10) days after receipt
stating the nature and extent
Upon assuming the
maintenance obligation,
Section 2.
assessments.
Section 3. When the City assumes the
have the right of access to maintain the
indemnify and hold the City harmless from
by the Association of
of the Association's
the City may collect all
maintenance obligation, the City shall
common areas. The Association shall
any and all costs, expenses, suits,
shall
demands, liabilities, damages, or otherwise including attorney's fees and costs of
suit, in connection with the City maintaining the common areas.
Section 4. When the City assumes the maintenance obligation, the Association
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
3
agreement. The Mayor shall give notice to each owner not less than ten (10) days
before the date set for the Planning and Zoning Commission hearing and the City
Council hearing by depositing the notice property addressed and postage paid in the
United States Post Office to each owner as the ownership appears on the last approved
City Tax Roll.
EXECUTED ON THIS
Bill Allen
Dallas North Division President
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ACKNOWLEDGEMENTS
Article 6602, V.A.C.S., enumerates the persons before whom acknowledgements of
proofs may be made.
(1) Single Acknowledgement
THE STATE OF TEXAS
COUNTY 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 instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
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Given under my hand and seal of office on this
.. day of
Notary Public in and for
County, Texas
(2) Corporate Acknowledgement
THE STATE OF TEXAS
COUNTY OF Dallas
Before me, the undersigned authority, on this day personally appeared
Bill All~n , of Centex Real Estate
Corporation , a coproration, known to me to be the person whose
nam~ 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 N ~?l#l*Ii~,eal of office on this ~dNJld
k~?~,,* County, Texas
l~O'~ary Publi~ ~n for- ~)Z-~ll~-~$
ROAD