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Connell/Skaggs/FP-CS 870917 September 17, 1987 Taryon Bowman City of Coppell P.O. Box 478 Coppell, Texas 75019 Re: 7!Eleven Property %27658 NWC Denton Tap @ Sandy Lake Coppell, Texas Dear Taryon: Enclosed are two executed copies of a Homeowner's Agreement for the referenced property. Please know that upon the submission of this agreement to our corporate office, they initially were unwilling to sign this type of document at all due to its inadequacy for commercial purposes. However, I was able to persuade them to execute it with a few minor changes making it more suitable for commercial use. If you have any questions concerning this, please feel free to contact me. Sincerely, Darrell Lake Real Estate Manager Ncrth Texas Division DL/dd Attachments 7-Eleven Stores / Division 1649 One Forest Plaza / 12200 Park Central Drive / Suite 500 / Dallas, Texas 75251 / Phone (214) 980-8055 ~''' THE soUTHLAND ~.~) CORPORATION I .. -, Location //27658 ~,~._ m EXHIBIT A HOMEOWNER' S AGREEMENT m · THE STATE OF TEXAS ) ) DEED RECORD m COUNTY OF DALLAS ) m The Southland Corporation 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". The Southland Corporation wants to establish reasonable restrictions on the development and use of the property. Fpr 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 Definitions 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 --t-Ne- T'he 'Southland Corporation. its OWNER'S ASSOCIATION, INC. successors and assigns. B. "City" shall mean the City of Coppell, Texas or its assignees. outlined in red and C. "Common area" means all of the propertYAdesignated 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. F. "Property" means the real property described above. ARTICLE II Association: Creation, Membership, Bylaws 'Section 1. Thc As£ociation shall be formed as a non-profit corporati~-- accordance with the laws of the State of Texas. Section 2. All owners shall automattcall e members of the Association. ~ .Assoc_tatio~ may adopt by-laws that reason ulate the Membership in t!e Assoc~ et~t~to the owners. . ~,ganization and opcrat i~m-of--bhe-Assoc t ati on. .n Use and Management of Common Ar~ Section 1. Each owner shall have the nonexclusive ight 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. Thc Association shal l--lcvy an assessment upon each lot on a pro rata basis for all costs connoctcd with the maintenance of thc common arcas. Section 3. Each assessment is thc personal obligation of the owner of cach~h~_l~ at t.he time when the assessment is due. The with interest and cost of collection i~n~__lu~L~le attorney's fees shall be a lien on the lot ..,~on all improvements on thc 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 obligation.s within ten (10) days after receipt by the Association of written notice from the City stating the nature and extent of the Ass'octation's failur~ to maintain common areas. Section 2. Upon assuming thc maintenancc obligations thc 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. Thc Association sh~ll- indemnify and hold the City harmless from any a~jld--~q~t~, expenses suits demands, liabilities, d_j~a~g~,--~r~-herwise including attorney's fees and costs of suit,-'in conncction ~iith thc City maintaining thc common arcas. Section 4. Whcn thc City assumes thc maintcnancc obligation, t~ shall not collect any assessments, and shall have no?~9.~jm~r~i-tl~o perform the maintenance obligations. The ~collect assessments and resume its duties to maintain the ommon areas when it presents to the City substantial evidence ~ 'its willingncss and abili~-y to rcsumc its maintcnancc obligations. ARTICLE V Duration ISection 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 i t he 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 day of ~ .~/~ ~m ~ /~ , 1 THE SOUTHLAND CORPORATION Owner By: Vice President Attest:,. AssJ~ant Secretary STATE OF TEXAS COUNTY OF DALLAS On September 9, 1987 before me, the undersigned, a Notary Public in and for said State, personally appeared C.O. Beshears, known to me to be the Vice President and Gary Full~ngton, known to me to be the Assistant Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. DIANNA PERRY, Notary Public in and for the State of.Tex.a~ ACKNOWLEDGEMENTS Article 6602, V.A.C.S., enumerates the persons before whom acknowledgements of proofs may be made. I (1) Single Acknowledgement I THE STATE OF TEXAS COUNTY OF I 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 I purposes and consideration therein expressed. Given under my hand and seal of office on this day of , m lg Notary Public in and for County, Texas (2) Corporate Acknowledgement THE STATE OF TEXAS COUNTY OF Before me, the undersigned authority, on this day personally appeared , 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 hand and seal of office on this day of Notary Public in and for County, Texas Open Drainageways Figures 21, 22 and 23 depict landscaping concepts to be considered for incorporation into the engineering design of open drainage areas. The primary area of concern relates to those sections of the drainageways- which are visible ~rom primary and secondary image zones, within one hundred feet (100') of the R.O.W. The pedestrian/bike path shown should be included if the drainageway fits into the approved City Hike/Bike Trail Plan. Key aspects of concepts are the installation of a sprinkler system in the landscaped portion drainageway by the developer and the creation of an owner's association to assume overall responsibility for maintenance of the landscaping. Trees are to be requred along each side of the drainageway at a ~inimum density of one for every forty (4D) feet of frontage. Headwall Figure 24 depicts a headwall for a culvert along an open drainage swale adjacent to a roadway. This detail is particularly more important where curb and guttering will not be installed for several years. The intent is to provide an attractive headwall design over which a mower can be driven or pulled. Stone, brick or concrete pavers are acceptable materials covering the headwall, although the previously mentioned "Uni-decor" concrete pavers (antique red) would be the most desirable alternative. The facing would only be appropriate for permanent headwalls that are visible from primary or secondary image zones (within 100' of the R.O.W.). The requirements for facings for culverts should apply both to pipe culverts and box culverts. Landscape Maintenance The City of Coppell will be responsible for all median maintenance, all paving maintenance, and the repair of streetscape elements when damaged by City initiated utility work in dedicated easements. Other damage to streetscape elements occurring during utility repairs will be the responsibility of the utility company. The established owners associations or individual property owners will be responsible for the maintenance of streetscape elements in the parkway and the fifteen (15) feet no-parking zone adjacent to the parkway. This will include residential brick screening walls and landscaping in common areas. An Owner's Agreement (see attached Exhibit A) will be approved during the subdivision plat and filed with the process City. It formally establishes the owners association, defines the areas of maintenance, and provides the City with the ability to assess the association if maintenance responsibilities are not carried out.