PD186R-CS010123NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Robert E. Hager
E-mail: rhager,~njdhs.com
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS @ NJDHS.com
January 23, 2001
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
VIA FAcsiMiLE 972-304-7092
AND U.S. FIRST CLASS MAll,
Ms. Marcie Diamond
City of Coppell
255 Parkway Boulevard
P. O. Box 478
Coppell, Texas 75019
RE: Duke Freeport Property Owners Association
Dear Marcie:
Please be advised' thru we have reviewed the proposed Declaration of Covenants,
Conditions; Restrictions, Reservations and Easements for the Duke Freeport Addition on
the City of Coppell. After reviewing the same we have the following changes:
1. All references to Duke-Weeks to Texas Dugan.
2. The common area should be defined with plat and site plan
references on the final draft.
3. Section 1.1 by eliminating subsection (k) and re-designating
paragraph (1) as subsection (k).
4. "Site" should be defined by the plat as recorded and/or approved
building site plans as designated in the City documents.
(5) References to the Zoning Ordinance should be the Comprehensive
Zoning Ordinances of the City of Coppell, Ordinance __.?, adopted
., as amended.
(6) In Section 1.3, Annexation, it might be more prudent to indicate
that only that property instead of "vicinity" of the property under this
declaration would be any property that is "contiguous" to the property as
defined herein.
Ms. Marcie Diamond
January 23,2001
Page 2
(7) Special Assessments, Section 2.8(d), desire that for the
construction or reconstruction of capital improvements within common
areas be adequately insured, with the naming of the City as co-insured.
(8) Delete Section 4.7.
(9) Finally, it is our observmion that pursuant to our subdivision
regulations and in keeping with the streetscape plan, the City be named as
third party to enforce the common area maintenance. The language we
suggest appears in Exhibit A to our Subdivision Ordinance, being
Subsections 4.04, 4.05, 4.06, and 4.07, and Subsection 10.03.
We would suggest that these changes be forwarded to Paul Brown, the
Construction Manager regarding this project.
Thank you for your attention to this matter. If you have any questions please
contact us at your convenience.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGE~P.
By: ~
REH/cdb
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