PD134R-CS020218FEB !El ~00P 16:0B FR~ N!CHOLS 3RCKSON DILLR4 B6~ B~IB TO B7ESB47BS~
NICHOLS, JACKSON, DILLARD,
GER & SMITH, L.L.P.
Dall~, Tex~ 7520~
(214)965-9900
(214)965-0010 F~
FACSIMILE COVER SHEET
PLEASE DELIVER THE FOLLOWING TO:
NAME FAX NO.
Sim witt, City Manager 972-304-7063
Gary Sieb, Planning Director 972-304-7092
DATE: February 18, 2002
FROM: Robert E, Hager
TRANSMITTED BY: Cindy Brown
NUMBER OF PAGES (Including Cover Sheet):
COMMENTS: For your files, please find attached the letter
addressed to Mr. Ben Spencer ~ Argus Development relating to
Coppell Greens Planned Development. For your convenience, we are
also forwarding you a copy of the 1't letter sent to Mr. Spencer related
to this matter.
THE INPORMATiON CONTAINED IN THIS FACSIMILIi; IS ATrORNEY PRMLEOED AND CONFIDENTIAL,
INFORMATION INTLeNDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF 'I'Hi~ REGIPIENT IS
NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION, DISSEMINATION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED, iF YOU HAVE RECEIVED TI-lIS IS ERROR, PLEASE
NOTIFY US IMMEDIATELY BY PHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA
THE U.S. POSTAL SERVICE.
FEB 18 E00E 16:10 FR NICHOLS JACKSON DILLA4 965 0010 TO 97230470B~ P.0~705
NICHOLS, JACKSON, DILLARD, I-lAGER & SMITH, L.L.P.
Attorneys & Counselors at Law nOtl~nT L DILLARD, JR. (1513.II0~}
1800 Lincoln Plaza H. uauLs NICHOLS
LAWFI~NCE W. JACKSON
Robert £. Hsger 500 North Akard o~ co~sE~
E-mail; rhageri~lnjdhs.com Dallas, T~xas 75201
(214) 965-9900
Fax (21¢) 965-0010
E-mail NSDH$ ~NSDH$.com
February 18, 2002
CERTIFIED MAIL~ RRR
7001 0360 0004 78'/8 6892
Mr. Ben Spencer
Argus Development Company
6400 Uptown Boulevard, N.E.
#510 West
Albuquerque, NM 871 l0
R£: Coppell Greens
Dear Mr. Spencer:
Our records indicate that we have previously written to you concerning Coppell Greens, a
Planned Development located in the City of Coppell, Dallas County, Texas. Under the terms of
our previous letter we asked you to respond concerning various issues which were outlined in
our previous letter, a copy of which is provided to you as an enclosure herewith.
The Homeowners have made several contacts with the City Planning and Zoning staff
concerning the failure of Argus Development to improve the common area known as 45X under
the Planned Development regulations. We are anxious for Argus Development grade, irrigate
and seed pursuant to the approved planned development regulations. Inasmuch as this is Argus'
responsibility under its planned development regulations, we desire that this action be taken
immediately. Failure to resolve this matter may result in appropriate legal action to remedy this
situation. While we do not wish to threaten Argus Development, we are anxious to get this
matter resolved.
Also, as we have previously written to you, certain decorative metal or tubular steel
fences were to be constructed along those lots consisting of the area adjacent to 45X. We desire
that you address this issue as well and communicate with us as soon as possible. To date it
appears that the homebuilder, Fuller Homes, is willing to sponsor appropriate amendments
concerning the placement often foot (10') fences as outlined on page 2 of our previous letter to
you. We hope this action is forthcoming from Fuller and will relieve any responsibility for
further concerns concerning fence location within the interior lots.
FEEl !8 ~00~E !lB: !0 FI~ N!CI-IOL~ 3RCKSON DiLLR4 ~B5 ~Bl~ TO ~7~47~B~ P.O~/B~
F~bma~ 1 ~, 2002
Page 2
Please contact our office upon receipt of this letter so that we may discuss these items.
We assume that if we do not hear back from you that the conditions set forth in this letter and in
our previous letter are acceptable with you and we will proceed accordingly. Failure to respond
shall be construed to require appropriate legal remedial action.
Thank you for your attention to this matter. If you have any questions please contact us
at your convenience.
Very truly yours,
NICHOLS, SACKSON, DILLARD,
Robert E. H~
REH/cdb
Encl.
cc: Jim Witt, City Manager (VIA FACSIMILE 972-304-7063)
Gary Sieb, Planning Director (VIA FACSIMILE 972-304-7092)
46207
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
, .. NICH~'-~, JACKSON, DILLARD, HAGER & Slv~H, L.L.P.
Attorneys & Counselors at Law
[800 Lincoln Plaza H, LOU~S NICHOLS
500 Notlh Aiatrd ~wa~sC~ w. JACKSON
Dallas, Texas 75201 ~COUN=~
Robert E. l~ager (214) 965-9900
E-mail: rhager(~njdhs.¢om Fax (214) 965-0010
]~-mail NJDHS @ NIDHS,¢om
January 10, 2002
Mr. Ben Spencer
Argus Development Co.
6400 Uptown Boulevard, N.E.
#510 West
Albuquerque, NM 87110
RE: Coppell Gree_n_s
Dear Mr. Spencer:
Please be advised that on December 12, 2001, we met with your representative, a Richard
Fuller Homes representative and representatives of the Homeowners Association for Coppell
Greens, a development located within the City of Coppell, TX. As developer of Coppell Greens, a
number of Planned Development regulations were required for the improvement of common areas
delineated as area 45X. Under the terms of the development regulations, your company was to
provide grade improvements, irrigate and seed the common area depicted in 45X of the enclosed
plat.
After meeting with the above-mentioned group, the Homeowners Association desires the
improvements within the common area 45X, as represented to them, be completed. Moreover, as a
requirement of the Planned Development regulations, Argus Development is in violation of such
regulations in that the common area is not graded, irrigated or seeded. Thus. in order to alleviate the
concerns with regard to the common area known as 45X, we desire that your company grade,
irrigate and hydromulch in accordance with the Planned Development regulations.
Also, the Declaration of Covenants and Planned Development regulations required that all
fencing along the open space of 45X be constructed of decorative metal and/or tubular steel. The
fencing in place is wood. However, in a spirit of cooperation, even thoueh the illegal fences were
built by the homeowners within the development, we are recommend~in~ to the Homeowners
Association the fences remain in place, although any homeowner would be permitted to replace
their wooden fence with a tubular fence material.
FEB 18 200£ lB:lO FR NICHOLS JRCKSON DiLLR4 g65 0010 TO g?230470g2 P.05/05
Mr. Ben Spencer
January 10, :2002
Page 2
In addition to the above-stated issues, there appears to be non-compliance with the ten-foot
(10') "open space easement" by and between properties within the development. A visual
inspection reveals that a number of decorative metal fences violate that 10' easement requirement.
In order to alleviate any future problems, we would desire that all fencing be located where
practicable on the rear property line. This would apply to all lots where the 10' open space
easement is contained within ~e development regulations and the plat which accompanies this
le~er_ The Homeowners Association desires to remove the easement notation from the subdivision
plat. In addition, we would require that the Planned Development regulations be changed to specify
the placement of the fences on the rear property line. Since the homebuilders and the developer
overlooked this condition of approval, the costs of the engineering, engineer drawings, and an
amendment to the Planned Development regulations would be the responsibility of Fuller Homes or
Argus,
Thank you for your attention to this matter, If you have any questions, please contact us at
your convenience, If we do not hear back from you within ten (10) days, we will assume that you
have agreed to these changes, We look forward to working with you to effectuate the issues
contained herein.
Very truly )'ours,
NICHOLS, JA,~eSO)N, DILLARD,
By:~
KEH/cdb
Enclosure: Coppell Greens Final Plat, Phase II
cc: Jim Witt, City Manager (VIA FACSIMILE 972-304-7063)
45390
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
,~,~ T ~'~ T t::3 I