Cpl Greens P2/FP-CS 990421 ~ 1~9~"'--~~---~1~ x~ 6400 Uptown Boulevard, N.E.
Suite 510-W
. ~!. ,, Albuquerque, New Mexico 87110
OF COVENANTs, CONDITIONS AND RESTRICTIONS ~ ~O ~
FOR COPPELL GREENS, PHASE ONE
CITY OF COPPELL
DENTON COUNTY, TEXAS
THIS DECLARATION is made on the date hereinafter set forth by Coppell Gregns, Ltd., a Texas limited
partnership, hereinafter referred to as the "Declarant". ' .'.
WITNESSETH
WHEREA$, the Declarant is the owner of certain ~ property in the City of Coppell, Denton County,
Texas (the "City"), which is de~ribed i~ _Exhibit "A"_ attached hereto and made a pan hereof (the 'Property"); and
WH~.REAS, Declarant desires to create an exclusive planaed comxnuaity of single-family homes, known
as "Coppell Greens" of which the Affected Lots (as hereinafter defined) are a part and such other land as may be
added thereto pursuant to the terms and provisions of this Declaration.
NOW, THli:REFORE, the Declarant declares ~a_t the Property shall be held, sold and conveyed subject
to the restrictions, covenants and conditions declared below, all of which shall be deemed to be covenants rlmnlno
with the land and imposed on and intended to benefit and burden each Affected Lot and other portions of th~
Property in order to maintain within the Property a planned community of high standards. All of such covenants
shall be binding on all parties having any right, title or interest therein or any pan thereof, their respective heirs,
pe~onal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I '
DEFINITIONS
.Section 1. "Affected Lot" zhall mean and refer to each individual pla_-_~ building lot reflected on
the Plat, and such other lots as may be added to the membership of the Association from time to time as allowed
by this DeclaratiOn.
..Section 2_. "Association" shall mean and refer to the Coppell Greens Homeowners Association, Inc.,
a Texas non-profit corporation, established for the purpose set forth herein.
..Section 3. "Common Areas" shall mean andrefer to that penion of the Property described in the
Plat that does not constitute Lots, streets or roads, including all lots described on the Plat designated with an "X",
the Open Space, any and all entry features and entrance monuments, and all other property hereafter designated by
the Declarant as "Common Areas".
...Section 4. "Conunon Maintenance Areas" shall m. eah and refer to the Common Areas and the
entrance monuments, drainage facilities, right-of-way, landscaping, and such other areas lying within dedicated
public easements or right-of-way'as deemed appropriate by the Board of Directors of the Association for the
DECLARATION OF COVENANTS, CONDITIONS AND
- RESTRICTIONS FOR COPPELL GREENS, PHASE ONIJ - Page I
/
- preservation, protection and enhancement of the property values and the general health, safety or welfare of the
Owners.
.Section 5. "Declarant' shall mean and refer to Coppell Greens, Ltd., a Texas limited partnership,
its successors and assigns who are designated as such in writing by the Declarant, and who consent in writing to
assume the duties and obligations of the Declarant with respect to the Lots acquired by such successor or assign.
Section 6. 'Declaration' shall mean and refer to this Declaration of Covenants, Conditions and
Restrictions for Coppell Greens, Phase One, and any amendments, anner, ations and supplements thereto made in
accordance with its terms.
.Section 7. "Lot' shall mean and refer to any plot of land reflected on the Plat oF the Property or any
part thereof creating single-family building lots, with the exception of the Common Area and areas deeded to a
governmental authority or utility, together with all improvements thereon. ~....
.,%ction 8. "Open Space" shall mean and refer to those Common Areas that are described in
Exhibit "B", att~_ched hereto and incorporated herein by reference for all purposes, and all other property hereafter
designated by Declarant as "Open Space".
.Section 9. 'Open Space Lots" shall mean and refer to those Affected Lots that share a common
property line with an Open Space and ~at are described in ~, and such other Affected q-ors that share
~ a common property line with an Open
time as allowed by this Declaration. =pace as may be added to the membership of the Association from time to
.Section. 10. 'Owner" shall mean and refer to the record owner, whether one of more perSOns or
entities, of a fee simple title to any Affected Lot, including contract sellers, but excluding those having an interest
merely ns security for the performance of an obligation. -
.Section ! 1. "Owner of the Dominant Estate" shall have the meaning set forth in Article V, Section
7(c) of this Declaration.
.Section 12. "Owner of the 8ervient Estate" shall have the meaning set forth in Article V, Section 7(c)
of this Declaration.
.Section 13. 'Plat" shall mean the Final Plat of Coppell Greens, Phase One recorded in Cabinet P,
Page 160, Plat Records, Denton County, Texas, and any replat of or amendment to the foregoing made by Declarant
in accordance with the Declaration.
.Section 14. 'Property' shall mean and refer to the real property described in _Exhibit 'A ", and such.
additions thereto as may be brought within the jurisdiction Of the Association and be made subject to this
Declaration. -
..Section 15. "Unit" shall mean and refer to any single-family residential dwelling constructed upon
any LOt in conformance with' this Declaration.
.Section 16. "Use Easement" shall have the meaning set forth in Article V, Section 7C0) of this
Declaration.
.Section 17. "Zero Lot Line 'Wall" shall have the meaning set forth in Article V, Section 7(d)(vi) of
this Declaration. .
. .S~ion 18. "Zone A Lot" shall mean and refer to those Affected Lots listed in Exhibit "D", attached
· hereto and.incorporated herein by reference for all purposes, and such other Affected Lots h~reafter designated by
Declarant as a "Zone A Lot".
DECLARATION OF COVENANTS, CONDITIONS AND
- ~RESTRICTIONS FOR COPPELL GREENS, PHASE ONE - Page 2 "
$~ection 19. "Zone A Use Easement" shall have the meaning set forth in Article V, Section 7(a) of
this Declaration.
.Section 20. "Zone B Lot" shall mean and refer to those Affected Lots listed in ~Exhibit ~E", attached
hereto and ineorporated herein by reference for all purposes, and such other Affected Lots hereafter designated by
Declarant as a "Zone B Lot".
.Section 21~. ~Zone B Use Easement' shall have the meaning set forth in Article V, Section 7Co) of
this Declaration.
ARTICLE H
COPPELL GREENS HOMEOWNERS ASS~ON, INC~' ·
.Sectional..Membership. The Declarant and every other Owner of an Affected Lot shall be a member of
the Association. Membership shall be appurtenant to and shall not be separated from ownership of any Affected
Lot. The Association is established to enforce this Declaration and the terms and covenants hereof, to promote the
interests of the Owners as residents of the Property, and to enhance the value of the Affected Lots as a part of a
harmonious, high quality residential subdivision. Every member shall have the right at all reasonable times during
business hours to inspect the books of the Association.
.Section 2. F~_..~_~.~. Subject to the terms of this Article, each Owner of any Affected Lot (other than
Declarant) by acceptance of a deed therefor from Declarant or any other Owner, whether or not it shall be so
expressed in such deed, covenants and agrees..to pay (as a portion of the consideration and purchase money paid
by each such Owner for such Affected Lo0 to the Association: (1) annual assessment or charges, and (2) special
assess~ for capital improvements, such assessments to be established and collected as hereinafter provided.
Such asses,waents will remain effective for the full term (and extended term, if applicable) of this Declaration. The
annual and special assessmeats, together with interest, costs, and reasonable sttomey's fees, shall be a charge on
the land and shall run with the land and be a continuing lien upon the Affected LOt against which each such
assezm~eat is made. F. ach ~ch ~t, together with interest, coats and reasonable attorney's fees shall also
· be the per~nal obligation of the person who was the Owner of ~uch Affected LOt at the time when the assessment
fell due. Thc per, hal obligation for delinqueat asse~ments shall not pass to the ~uecessors in title of zueh Owner
unless expressly assumed by them.
Section 3. .Assessment~.
(a) .Units Owned by Class A Memben:.~. Subject to the terms of this Article, each
Affected LOt is hereby ~ubject to an initial maximum assessment of $50.00 per month or $600.00
per annum [until such assessment shall be increased by the action of the Board of Directors Of the
Association (provided that the maximum annual assezannent may be increased each year not more
than twenty percent (20%) above the maximum assessment for the previous year without the
approval of a majority of the members who are present and voting in person or by proxy at a
regular or special meeting called for this purpose at which a quonun is present)] for the purpose
of creating a fund to be designated and known as the "assessment fund", which assessment will
be paid by the Owner or Owners of each Affected Lot in advance in monthly, quarterly or annual
installments. The assessments shall commence as to each Affected Lot upon its Conveyance by
I)eelarant to an Owner that is not an affdiate of Declarant. The rate at which each Affected Lot
will be assessed, and whether such assessment shall be payable monthly, quarterly or annually,
will be determined by the Board of Directors of the Association at least thirty (30) days in advance
of.each affected assessment period. Said rate may be adjusted from time tO time by the Board of
Directors as the needs of..the Association may, in the judgment of the Directors, require. The
assessment for each ~,ffected LOt shall be uniform. The Association shall, upon written demand
DECLARATION OF COVENANTS, CONDITIONS AND
- .RESTRICTIONS FOR COPPELL GREENS~ PHASE ONi~ - Page 3
and for a reasonable charge, furnish a certificate signed by an officer of the Association setting
forth whether or not the assessment has been paid for the assessment period.
(b) _Pumose of Assessment Fund. Thc Association shall establish an assessment fund
composed of Owners' annual assessments an~ shall use the proceeds of such fund providing for
normal, recurring maintenance charges for the Common Maintenance Areas for the use arid
benefit of all members of the Association. Such uses and benefits to be provided by the
Association may include, by way of clarification and not limitation, any and ail of the following:
normal, recurring maintenance of the Common Maintenance Areas (including, but not limited to,
cleaning, mowing, edging, watering, clipping, sweeping, pruning, raking, and otherwise caring
for existing landscaping and related facilities) and the improvements to such Common Maintenance
Areas, such as sprinkler systems, and private streets, if any, provided the Association shall have
no obligation (except as expressly provided hereinafteO to make capital imprl~vements to the
Common Maintenance Areas; payment of all legal and other costs and expenses incurred in
connection with the enforcement of all recorded covenants, restrictions and conditions affecting
the property to which the assessment fund applies, including, without limitation, costs and
expenses paid or incurred in connection with insuring such property and the payment of any and
ail taxes thereon; payment of all reasonable and necessary expenses in connection with the
collection ' · ·
and adrmm-_~ratton of the. assessments; employment of policemen and watchmen, i.f any,
engagemem of a manager or management firm to operate and/or maintain all or any portion of .c
the Common Maintenance Areas; caring for vacant lots; and doing any other thing or things
necessary or desirable in the opinion of the Board of Directors of the Association to keep the
Property neat. and in good order, or which is considered of general benefit to the Owners or'
occupants of the Property, it being understood that the judgraent of the Board of Directors in the
expenditure of ~aid funds and the determination of what constimte~ normal, recurring maintenance
shall be final and conclusive so long as such judgment is exercised in good faith. The Association
shall, in addition, establish and maintain an adequate reserve fund for the periodic maintenance,
repair and replacement of improvements of the Common Maintenance Area. The fund shall be
established and maintained out of regular annual assessments.
~:a__ . m anmuon to the annual assessments authorized above, the Association
may, by a vote of two-thirds (2/3) of the members who are present and voting in person or by
proxy at a meeting called for this purpose at which a quorum is pre. ut, levy special assessments
as follows: in any assessment year, a special assessment applicable to that year only may be
assessed for the purpose of defraying, in whole or in part, the cost of any nonrecurring
maintenance, or the acquisition, construction, reconstmaion, repair or replacement of a capital
improvement upon any Common Area, including f~xtur~ and personal property related thereto,
to ~atisfy the Association's indemnity obligations under the Articles of Incorporation or By-Laws
of the Association, or other similar purpose. The Association shall not commingle the proceeds
of such special assessment with the assessment fund. Such proceeds shall be used solely and
exclusively to fund the nonrecurring maintenance or improvements in question.
Section 4. _Non-vayment of Assessments: Remedies of the Association. Any assessment not paid
within ten (10) days after the due date shall bear interest from the due date at the highest non-usurious rate of
interest allowed by Texas law or eighteen percent (18%) per annum, whichever is less. The Association shall have
the authority to impose late charges to compensate for the administrative and processing costs of late payments on
such terms as it may establish by duly adopted resolutions and the Association may bring an action at law against
the Owner personally obligated tO pay the same, or foreclose the lien retained herein against the property, in
accordance with the terms and provisions of Section 51.002 of the Texas Property Code, as amended, or otherwise.
No Owner may waive or o~erwi, se escape liability for the assessments provided for herein by non-use of the
Common Area or abandonment of his property.
DECLARATION OF COVENANTS, CONDITIONS AND
- RESTRICTIONS FOR COPPELL GREENS, PHASE ONE - Page 4 "
· Section 5. Subordinated Lien to Secure Payment and Performanc~ .. To secure the payment of the
assessments established hereby and to be levied on individual Affected Lots as above provided, and the performance
by the Owners of the Affected Lots of all of the duties, obligations and indebtedness of such Owners as set forth
herein and in the By-Laws of the Association, there is hereby reserved a lien for the benefit of the Association, said
lien to be enforceable through appropriate proceedings at law or in equity by such beneficiary; provided, however,
that each such lieu shall be specifically made secondary, subordinate and inferior to all liens, present find future,
given, granted, and created by or at the insistence and request of the Owner of any such Affected Lot to ~ecure the
payment of monies advanced or to be advanced on account of the purchase price and/or the improvement of any
such Affected Lot; and further provided that as a condition precedent to any proceeding to enforce such lien upon
any Affected Lot upon which there is an outstanding valid and subsisting first mortgage lien, said beneficiary shall
give the holder of such first mortgage sixty (60) days written notice of such proposed action, such notice, which
shall be sent to the nearest office of th~ lienholder by prepaid U.S. certified or re istered rnml
statement of the delinquent maintenance ~- ................ g , ', to contain the
~,,~t;~ upon wmen me pmposea action is based.:'Upon the request of any
such first mortgage lienholder, any such beneficiary shall acknowledge in writing its obligation to give the foregoing
notice with reslz~ to the particular property covered by such first mortgage lien to the holder thereof. Sale or
transfer of an Affected Lot shall not affect the assessment lien. However, the sale or transfer of any Affected Lot
pursuant to mortgage foreclosure shall extinguish the lien of such assessment as to payments which became due prior
to such sale or transfer. No sale, foreclosure or transfer shall relieve such Affected Lot from liability for any
assessments thereafter becoming due or from the lien thereof. The Association shall have the right, to file notices
of liens in favor of such Association in the Real Property I<ecords of Denton CountyfTexas.'
.Section 6. _Votin~ Right.n. The Association shall have two classes of voting membership:
(a) Class A. Class A members shall be all Owners with the exception of D~clarant
and shall be entitled to one (1) vote for each Affected Lot owned. When more than one person
holds an interest in any Affected Lot, all such persons shall be meanbers, but the vote for such
Affected Lot shall be exercised as they among themselves determine, and in no event shall more
than one (1) vote be cast with respect to any Affected Lot.
(b) .Class B. The Clas,~ B member shall be the Declarant who shall be entitled to
ten (10) votes for each unoccupied Affected Lot owned by it. The Class B membership shall
cease and be converted to Class A membership one hundred twenty (120) days after the
conveyance of the Affected Lot which causes the total votes outstanding in the Class A
membership to equal the total votes outstanding in the Class B membership, or ten (10) years after
conveyance of the first Affected Lot by Declarant, whichever occurs earlier. Class B membership
shall be reinstated at any time before the expiration of twenty (20) years from the date of
conveyance of the fw~t Affected LOt if additional Affected Lots owned by a Class B member are
annexed to this Declaration in sufficient numbers to restore a ratio of at least one Class B Lot for
each three Class A Lots in Property.
(c) ~. All voting rights of an Owner shall be suspended during any period
in which such Owner is delinquent in the payment of any assessment duly established pursuant to
this Article or is otherwise in default hereunder or under the By-Laws or Rules and Regulations
of the Association and such suspension shall apply to the proxy authority of the Voting
Representative, if any.
~S~ion 7. ~Notice and QuoruTM. Written notice of any meeting called for the purpose of taking any
action authorized herein shall be sent to all members, or delivered to their residences, not less than ten (10) days
nor more than sixty (60) days in advance of the meeting. At any such meeting called, the presence of members
or of proxies or Voting Representativesentitled to cast twenty-five percent (25%) of the votes of all members shall
constitute a quorum. If the. required quorum is not present, another meeting may be' called subject to the same
notice requirement, and the required quorum at such subsequent meeting shall be twenty-five (25 %) of the quorum
requirement for such prior meeting. The Association may call as many subsequent meetings as may be required
DECLARATION OF COVENANTS, CONDITIONS AND
- .RESTRICTIONS FOR COPPELL GREENS, PHASE ONE - Page 5
to achieve a quorum (the quorum requirement being reduced for each such meeting in accordance with the terms
and provisions of the immediately preceding sentence). No such subsequent meeting shall be held more than sixty
(60) days following the preceding meeting.
· ' ARTICLE HI
GENERAL POWERS AND DUTIES OF
BOARD OF DIRECTORS OF THE ASSOCIATION
.Section 1. Pumose of Assessment Fund, The Board of Directors, for the benefit of the Owners,
shall provide and shall pay out of the assessment fund-provided for in Article II above the following:
(a) Taxes and assessments and other liens and encumbrances whi~. shall properly
be assessed or charged against the commOn Areas rather than against the individual Owners, if
ally.
Co) Care and preservation of the conm~on Maintenance Area and common Area.
.Association or
... ~ ~-p~ua~c pomon thereot to the extent deemed advisable by the Board of
Directors (provided that any contract for management of the Association shall be terminable by
the Association, with no penalty upon ninety days prior written notice, to the managing party), and
the services of such other personnel as the Board of Directors shall determine to be necessary or'
proper for the operation of the Association, whether such personnel are employed directly by the
Board of Directors or by the manager.
(d) Legal and accounting sereices.
(e) A policy or policies of insurance insuring the Association against any liability
to the public or to the Owners (and/or invitees or tenants) incident to the operation of the
Association in any amount or amounts as determined by the Board of Directors, including a policy
or policies of insurance as provided herein in Article IV.
(f) Workers compensation insurance to the extent necessary to comply with any
applicable laws.
(g) Such fidelity bonds as may be required by the By-Laws or as the Board of
Directors may determine to be advisable.
(h) Any other materials, supplies, insurance, furniture, labor, services, maintenance,
repairs,
structural alterations, taxes or assessments (including taxes or assessments assessed against
an individual Owner) which the Board of Directors is required to obtain or pay for pursuant to
the terms of this Declaration or by la.w or which in its opinion shall be necessary or proper for
the enforcement of this Declaration.
Section 2. Powers and Duties of Board of Directora. The Board of Directors, for the benefit of the
Owners, shall have the following general powers and'duties, in addition to the specific powers and duties provided
for herein and in the By-Laws of the Association:
(a). To execute all declarations of ownership for tax assessment purposes with regard
to the Common Areas., if..any, on behalf of all Owners.
DECLARATION OF COVENANTS, CONDITIONS AND
_ .RESTRICTIONS FOR COPPELL GREENS, PHASE ONE - Page 6
Co) To borrow funds to pay costs of operation secured by assignment or pledge of
rights against delinquent Owners if the Board of Directors sees fit.
(c) To enter into contracts, maintain one or more bank accounts, and generally to
have all the power necessary or incidental to the operation and management of the Association.
(d) To protect or defend the Common Areas from loss or 'damage by suit or
otherwise, as the Board of Directors sees fit, and to provide adequate reserVes for replacements,
as the Board of Directors sees fit.
(e) To make reasonable rules and regulations for the operation of the Cormnon
Maintenance Areas and to amend them from time to time; provided that, any rule or regulation
may be amended or repealed by an instrument in writing signed by Owners consti~ting a majority
of the votes of the Association, or with respect to a rule applicable to less than all of the Common
Areas, by a majority of the votes of the Owners in the portions affected.
(0 To make available for inspection by Owners within sixty (60) days after the end
of each year an annual report and to make all books and records of the Association available for
inspection by Owners at reasonable times and intervals.
(g) To adjust the amount, collect and use any insurance proceeds to repair damage
or replace lost property, and if proceeds are insufficient to repair damage or replace lost property,
to asse~ the Owners in proportionate amouat~ to cover the deficiency.
(la) To enforce the provisions of any rules made hereunder and to enjoin and ~k
damages from any Owner for violation of ~uch provizions or rules, as the Board of Directors zees
fit.
(i) to collect all assessments and enforce all penalties for non-payment including the
fding of lieoz and institution of legal proceedings, as the Board of Directors ~ fit.
.Section 3. Board of Directors Powers Exclusive.. The Board of Director~ -.:hall have the exclusive
right to contract for all go~ls, ~a'vices and insurance, payment of which is to be made from the assessment fund
and the' exclusive right and obligation to perform the functions of the Board of Directors except as otherwise
provided herein.
.Section 4. Maintenance Contraet.~ The Board of Directors, on behalf of the Association, ~hall have
full power and authority to contract with any Owner or other person or entity for the performance by the
Asaoeiation of ~rviees which the Board of Directors is not otherwise required to perform pursuant to the terms
hereof, ~uch eontraets to be upon such tenm and conditions and for such consideration as the Board of Directors
may deem proper, advisable and in the best interest of the A~soeiation, and in compliance with all applicable law~,
rules and regulations.
DECLARATION OF COVENANTS, CONDITIONS AND
_ RESTRICTIONS FOR COPPELL GRRENS, PHASE ONE - Page 7 "
ARTICLE IV
TITLE TO COMMON AREAS ·
~Section 1. Conveyance/Association to Hold_. The Declarant may hereafter, in Declarant's sole
option, grant and convey unto the Association all of the right, title and interest of the Declarant in and to the
Common Areas, whereupon thc Association shall assume all maintenance obligations wlth respect to any Common
Areas which may then exist or thereafter be established. The Declarant may, but is under no obligation to,
subsidize any liabilities incurred by the Association and the Declarant may, but is not obligated to, lend funds to
the Association to enable it to defray its expenses, provided the terms of such loans are on reasonable market
conditions at the time. Nothing contained herein shall create an obligation on the pan of Declarant to establish any
additional Common Areas.
_Section 2. ~. From and after the date on which title to ~Jny Common Area vests
in the Association, the Association shall purchase and carry a general comprehensive public liability insurance policy
for the benefit of the Association and its members, covering occurrences on the Common Areas. The policy limits
shall be as determined by the Board of Directors of the Association. The Association shall use its best efforts to
see that such policy shall contain, if available, cross-liability endorsements or other appropriate provisions for the
benefit of the members, Directors, and the management company and other insureds, as their interests may be
determined.
Section 3. Condemnation. In the event ofcondenmation or
of the Common Areas. the funds payable with res,,-,,, the ........ ~..~.c ta. ne~. mereo~ ot an or any portion
by the Association to purchase additional ~ ,~u ~aau oe payal~le to the Association and shall be used
Common Areas to replace that which has been condenmed or to take
whatever steps are it deems reasonably necexsaty to repair of correct any damage suffered as a result of the
condemnation. In the event that the Board of Directors of the Association determines that the funds cannot be used
in such a manner due to lack of available land for additional Common Areas or for whatever reason, any remaining
funds may be utilized by the Association for the general assessment fund.
ARTICLE V
EASEMENTS
.Section 1. ''
hereby reserves tl[e ..... ~. As .long as Class B membership shall be in effect, the
"gm 1o grant perpetual, nonexclusive easements for the benefit of the Declarant 0r its dDese~glnareesanees i
upon, across, over, through and under any portion of the Common Area or any portion of any Affected Lot outside
of the permitted building area of such Affec{ed Lot as reasonably required for the providing of ingress and egress
in connection with the installation, replacement, repair, m,.,!,,_tenance, use and operation of ail utility and service
lines and service systems, public and private, including, without limitation, cable television, to the Property.
Declarant, for itself and its designees, reserves the right to retain title to any such easements. Upon cessation of
Class B membership, the Association shall have the right to grant the easements described herein.
_Section 2. _Declarant's F~.~nent to Correct Drainag,~,j As long as Class B membership shall be in
effect, Declarant hereby reserves a blanket easement on, over and under the ground within thc Property to
reasonably maintain and correct drainage of surface waters and other erosion controls in order to maintain
reasonable standards of health, safety and appearance and shall be entitled to remove trees or vegetation, without
liability for replacement or damages, as may be reasonably necessary to provide adequate drainage for any portion
of the Property. Notwithstanding the foregoing, nothing herein shall be interpreted to impose any duty upon
Declarant to correct or maintain any drainage facilities within the Property.
_Section 3. .Easement for Unintentional Encroachment. The Declarant hereby reserves an exclusive
easement for the unintentional encroachment by any structure upon the Common Area caused by or resulting from,
construction, repair, shifting,'settlement or movement of any portion of the Property, which exclusive easement shall
DECLARATION OF COVENANTS, CONDITIONS AND
- .RESTRICTIONS FOR COPPELL GREENS, PHASE ONe,; - Page 8'-
exist at all times during the continuance of such encroachment as an easement appurtenant to the encroaching
property to the extent of such encroachment.
_Section 4. .Entry Easement. In the event that an Owner falls to maintain an Affected Lot as required
herein, or in the event emergency repairs are required, the Declarant hereby reserves an easement to enter upon
any such Affected Lot and to do the work reasonably necessary for the proper maintenan~ 'and operation of the
Property. Entry upon the Affected Lot as provided herein shall not be deemed a trespass, and the Declarant shall
not be liable for any damage so created unless such damage is caused by the Declarant's willful misconduct or gross
negligence. Upon cessation of Class B membership, the Association shall succeed to the easement described herein.
.Section 5. .Drainage Easement.~. Easements for the installation and maintenance of utilities, storm
water retention, detention ponds, and/or a conservation area are reserved as may be shown on the Plat. Within
these easement areas, no structure, plant or material shall be placed or permitted to rerna~ which may damage or
interfere with the installation and maintenance of utilities, or which may hinder or change the direction .or flow of
drainage channels or slopes in the easements. The easement area of each Affected LOt and all improvements
contained therein shall be maintained continuously by the Owner of the Affected Lot, except for those improvements
for which a public authority, utility company or the Association is responsible.
.Section 6. .Temporary Completion I~&~n,mt. All Affected Lots shall be subject to easement of
ingress and egress for the benefit of the Declarant, its employees, subcontractors, s~ecessors and ass'igus, over ~nd
upon the front, side and rear yards of the Property as may be 'reasonably expedient or necessary for the
construction, servicing and completion of dwellings and landscaping upon Affected Lots adjacent to the Property,
provided that such easement shall terminate twelve (12) months after the date such Affected Lot is conveyed to the
Owner by the Declarant.
Section 7. .Owner's Use Easem~t.~.
(a) Subject to the provisions of Paragraph (d) of this Section, every Owner of a Zone A Lot
shall have a right and easement of use and eajoymem in and to an eight (8) foot wide strip running the entire length
of the Affected Lot immediately adjacent to the Owner's Zone A Lot as depleted in the Typical Lot F.,xh~it on the
Plat (the 'Zone A Use Easement') and such ~t shall be appurtenant to and shall pass with title to every Zone
A Lot. The Zone A Use Easement on each Zone A Lot shall be located on the side lot line that is identified on
.Exhibit 'F' attached hereto and incorporated herein by reference.
Co) Subject to the provisions of Paragraph (d) of this Section, every Owner of a Zone B Lot
shall have a right and easement of use and enjoyment in and to a five (5) foot wide strip mrmi,g the entire length
of the Affec~l Lot immediately adj~__ceat to the Owner's Zone B Lot as depieuxl in the Typical LOt Exhibit on the
Plat (the 'zone B Use Essemem'; the Zone A Use Easetnent and the Zone B Use Easement being collectively
referred to herein as the 'Use Easement') and such easement shall be appurtenant to and shall pass with rifle to
every Zone B Lot. The Zone B Use F, asemont on each Zone B Lot shall be located on the side lot line that is
identified on .Exhibit WF' attached hereto and incorporated herein by reference.
(e). The Owner to whom the Use Basement is granted is referred to herein as the 'Owner of
the Dominate Estate' and the Owner whose Affected Lot is subject to the Use Easement is referred to herein as the
'Owner of the Servient Estate'.
(d) ~Extent of Owner's Use Fasement.~. The Use Easement created hereby shall be subject
to the following:
(i) the Owner of the Dominant Estate shall be entitled to landscape the
Use Easement in a ~.e~3ord~ee with the provisions of this Declaration;
DECLARATION OF COVENANTS, CONDITIONS AND
- RESTRICTIONS FOR COPP~LL GREENS, PHASE ONE - Page 9 -'
(ii) the Owner of the Dominant Estate shall be responsible for the
maintenance of the Use Easement (including, but not limited to, cleaning, mowing, edging,
watering, clipping, sweeping, pruning, raking and otherwise caring for existing landscaping and
related facilities);
(iii) '~ 0 · ' .......
~-~ ... wner of the Dominant Estate shall not construct any permanent
or above ground improvements within the Use Easement except fences in accordance with the
provisions of this Declaration, and sprinkler system.s;
(iv) the Owner of the Dominant Estate shall not be entitled, to install a
pool or excavate any portion of the Use Easement, except for the limited purpose of installing a
sprinkler system, and in no event shall the Owner of the Dominant Estate compromise the
foundation of any structure or improvement on the Lot owned by the Owne~.'of the Servient
Estate;
(v) the Owner of the gervient Estate shall not construct or permit any
gutter downspouts or storm water discharge from his Lot onto the surface of the Use Easement;
provided, however, the owner of the Servient Estate may discharge gutter downspouts directly into
an underground stormwater plumbing system constructed within the Use Easement that dis~, arges
to the street or anothe~ approved drainage easeu~mt;
(vi) all walls of the Unit constructed on the Lot owned by the Owner of
Sexvient Estate facing the Use Easement (the 'Zero Lot Line Wall') ahall be constructed of solid
opaque materiab only. including masonry, wood and/or glass block materialz, and shall not
contain any doors or operable opaque windows. Each Unit coastrncted on an Affected Lot shall
be orientated so that the Zero Lot Line Wall shall face the side lot line that is identified on Exhibit
.~F' attached hereto and incoq~orated herein by reference; '
(vii) the Owner of the Sentient Estate shall be entitled to enter the Use
Easement at reasonable thnes and upon reasonable prior notice to the owner of the Dominant
Estate, and without notice in she event of an emergency, for purposes of constructing and
maintaining the unprovements constructed on the Lot owned by the Owner of the Servient Estate;
(viii) the Owner of the Servient Estate shall not be entitled to place HVAC
equipment within the Use Easement; and
(ix) neither the Owaer of the Domin,nt Estate nor the Owner of the
Servieut Est_st_e shall modify the grade or drainage pattern within the Use Easement. If either
Owner violates this provision said Owner shall be liable to the other Owner for any damage
resulting from said modification.
.Section 8. .Open Space Easement. Subject to the provisions of lhis Section $, the Association shall
have an open space easement on a ten (10) foot Wide strip across the rear of each Open Space LOt (the 'Open Space
Easement'). The Open Space Easement is established for the purpose of allowing the Owner's of Open Space Lots
to have unobstructed views of the Open Space across adjacent Open Space Lots. Each Owner shall be prohibited
from constructing or erecting any permanent or temporary above ground improvement Or structure in the Open
Space Easement except for fences erected in accordance with the provisions of this Declaration. Each Owner may
landscape the Open Space Easement in accordance with the provisions of this Declaration and shall be responsible
for the maintenance of the Open Space Easement (including, but not limited to, cleaning, mowing, edging, watering,
clipping, sweeping, pruning, raking and otherwise caring for existing landscaping and related facilities).
DECLARATION OF COVENANTS, CONDITIONS AND
- .REgI~ICTIONS FOR COPPELL GRF~NS, PHASE ONE - Page 10 "
ARTICLE VI
USE AND OCCUPANCY
All Affected Lots and dwellings shall be used and occupied only for single-family residence purposes. No
Affected Lot or dwelling may be used for commercial, institutional or other non-residential purpose if such use
involves the ~tfe~dance or entry of non-residents upon the Lot or otherwise diminishes the residential Character of
the Lot or neighborhood. This prohibition shall not apply to 'garage sales' conducted with prior written consent
of the Association provided that no Owner shall conduct more than .two (2) garage sales of no more than two (2)
days duration each during any twelve (12) month period.
ARTICLE VII
PROPERTY RIGHTS
~..
.Section 1. Owners' ~t of Enjoyment. Every Owner shall have a right and easement in and
to the Common Areas and' a right and easement of ingress and egress to, from and flu'ough said Common Areas,
and such easement shall be appurtenant to and shall pass with the title to every Affected Lot, subject to the following
provisions: '
(a) The right of the Association to establish and publish roles and regulations
· ' governing the use of the Common Areas affecting the welfare of Association members;
Co) The fight of the Association to m~end the fight of use of the Common Areas
and the voting rights of an Owner for any period during which any assessment against his Affected.
Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its
published rules and regulations;
(c) The right of the Association, subject to the provisions hereof, to dedicate or
transfer all or any part of the Common Areas, if any, to any public agency, authority or utility
for such purposes and subject to the conditions as may be agreed by the Association. No such
dedication or transfer shall be effective unless approved by two-flfirds (2/3) of the members who
are present and voting in person or by proxy at a meeting called for this pmlx~ at which a
quorum is pre~nt and an instrument evidencing such approval has been recorded;
(d) The rights of the Association set forth in Section 2 of this Article VII; and
{e) All easements herein described are easements appurtenant to and running with
the land; they shall at all times inure to the benefit of and be binding upon the Owners, and all
of their grantees, and their re~pe~ive heirs, successors, personal representatives and assigns,
perpetually and in full force.
.Section 2. Effect of Declaration. Reference in any deed, mortgage, trust deed or any other recorded
documents to the easements, restrictions and covenants herein described or to this Declaration shall be sufficient
to create and reserve such easements and covenants to the respective grantees, mortgagees, or trustees of said
parcels as fully and completely as if those easements, restrictions and covenants were fully related and set forth in
their entirety in said documents.
Section 3. .Rezoning Prohibited. No Affected Lot shall be rezoned to any classification allowing
commercial, institutional or other non-residen~al use without the express consent of the Association and Declarant
(as 10ng as Declarant owns any Affected Lot subject to this Declaration), which may be withheld in Declarant's sole
discretion. Declarant or the Association may enforce this covenant by obtaining an injunction against any
unapproved.rezoning at the .expe.~se of the enjoined party.
DECLARATION OF COVENANTS, CONDITIONS AND
- RESTRICTIONS FOR COPPELL GREENS, PHASE ONE - Page
ARTICLE VIII
USE REStRICTIONS/MINiMUM DWELLING UNIT SIZES
S~ection 1. Nuisances. No noxious or offensive activity shall be carried on upon any Affected Lot,
nor shall anything be don~ which may be or may become an annoyance or nuisance to the neighborhood.
~ection 2- Development Activity. Notwithstanding any other provision herein, Declarant and its
successors and assigns shall be entitled to conduct on the Property all activities normally associated with and
reasonably convenient to the development of the Property and the construction and sale of dwelling units on the
Property, including without limitation the right to place and maintain on the Property construction trailers, model
homes, marketing facilities, signage, lighting, construction trucks, equipment and other similar items necessary for
the construction on :md marketing of the Property.
..Section 3. Temnorary Structu _re.~. Except as otherwise expressly set forth herein, no structures of
a temporary character, including, without limiting the generality thereof, any trailer, tent, shack, garage, barn,
motor home or mobile home or other outbuilding, shall be used on any Affected Lot at any time as a residence,
either temporarily or permanently.
.,%ction 4. Siens and Picketing. _N_o_ s.i~.or~emblem of any kind may be kept or placed upon any
Affected Lot or mounted, painted or attached to any omt, tence or other improvement upon such Affected Lot so
as to be visible from public view except the following:
(a) ..For Sale or Lease Sion~ An Owner ma .......
3' in area, fastened only, to a stake ~- ~i.'~-- ....
· , .,, -,~ gmuao ana extending not more than three (3) feet above
the surface of the ground advertising the Affected LOt for sale or lease.
Co) ~. Signs or billboards may be erected by the Declarant.
(c). · .....
~ ~,oL ~tuvocanno IRe electi
------o ~,u o, one or more political candidates or the
sponsorship of a political party, issue or proposal provided that such signs shall be limited to one
per candidate or issue and shall not be erected more than a reasonable period of time I'm no event
to exceed one hundred eighty (180) days] in advance of the election to which they pertain and are
removed within fifteen (15) days after the election.
In addition to the foregoing, to protect the safety and harmony of the community, no person shall engage
in picketing on any Affected Lot, easement, right-of-way or Common Area withi~ or adjacent to the Property, nor
shall any vehicle parked, stored or driven in or adjacent to the Property bear or display any signs, slogans, symbOls,
words or decorations intended to create controversy, invite ridicule or disparagement, or interfere in any way with
the exercise of the property rights, occupancy or permitted business activities of any Owner or Declarant. The
Committee may, without notice, remove any non-complying sign from the Property.
Section 5. _.C..a~. rs,.T .mcks~ Boats~ an_d Recreational Vehie!~. No eanmers, vans
bo., b at ecrea. venictes and other of non-p ger Vehi es/- q ipment,' pinup uuc ,
implements or
accessories may be kept on any Affected Lot unless the same are fully enclosed within the garage located on such
Lot and/Or said vehicles and accessories are screened from view by a screening structure or fencing and said
vehicles and accessories are in an operable condition.
.Section 6. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred
or kept on any Affected L~t, except that dogs, cats, or other household pets may be kept, provided that they are
not kept, bred, or maintaine~l, for..any commercial purpose.
DECLARATION OF COVENANTS, CONDITIONS AND
- RESTRICTIONS FOR COPPELL GREENS, PHASE ON~ - Page 12
Section 7. ~Garbage and Refuse Dispo.~aL No Affected Lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste -~h~l not be kept except in sanitary containers. All incinerators
or other equipment for the storage or disposal of such material shall be kept in a clean and Sanitary condition.
~Section 8. -sight Distance at Intersections. No fence, wall, hedge or shrub planting which obs. truets
sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted.to rern~
on any comer Affected Lot within the triangular area formed by the street boundary lines and a line couneeting them
at points twenty-five (25) feet from the intersection of the street boundary lines, or in the ease of a rounded property
comer, from the intersection of the street boundary line~ extended. The same sight line limitations shall apply on
any Lot within ten (10) feet from the intersection of a street boundary line with the edge of.a driveway or alley
pavement or Open Space. No tree shall be permitted to remain within such distance of such intersections unless
the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
_Section 9. .Parking. No vehicles, trailers, implements or apparatus may be driven or parked in the
Common Maintenance Area, Common Area or on any easement.
.Section 10_. _Commercial or Institutional U~. No Affected Lot, and no building erected or maintained
on any Affected Lot shall be used for manufacturing, industrial, business, commercial, institutional or other non-
residential purposes.
.Section 11. _Building Stands_ran. No building shall be erected or maintained on any Affected LOt
unless it complies with all applicable governmental ordin_~nces, laws, rules and regulations. In addition, no building,
structure, fence wall or improvement shall be erected or maintained on any Affected LOt unless same-has been
approved by the Committee (hereinafter defined) purmant to the terms and provisions of Section 19 of this Article
VIII.
S ion 12. . .uild? . No detached build s includ g, but not limit to
storage buildings), shall oe erected, placeo or constmaed upon any Affected LOt without prior consent of the
of Directors.
_Section 13_. _Fences. No fence, wall or hedge shall be ereaed or maintained on any Affected Lot
nearer to the street than the front building setback lines reflected on the Plat. No fence, wail or hedge shall be
erected or maintained on any Affected Lot which shall exceed eight (8) feet in height. No chain link fences or other
wire type fences shall be erected on any Affected Lot which is visible at ground level from an adjacent Lot or a
public view. Wood fencing approved by the Committee will be allowed to extend from the outer perimeter of a
dwelling to the side property lines, including thc boundary line of thc Use Easement for the benefit of an Affected
Lot. All fencing shall: (i) except as provided in subparagraph (vi) below, be of wood material and pre~nt a solid,
board on board, facing (i.e., picket type fencing or other staggered spacing type fencing is not permitted); (ii) have
a minirllum height of six (6) feet; (iii) have slats measuring between four (4) and six (6) inches which are installed
verticaily only (not horizontally or diagonally); (iv) have an even flat top with a horizontal slat measuring between
four (4) inches wide installed at the top of the fence; (v) not be painted or stained on any surface which is visible
from any street or adjoining Lot; provided, however, a clear stain that does not add a color to the wood may be
used; (vi) on Open Space Lots, be constructed of only iron or tubular steel fencing along any common property line
with an Opetl Space, and, to the extent fencing is in.stalled beyond the rear perimeter of a Unit located on an Open
Space Lot to the common property line with an Open Space, it shall be of the same material and style as the fence
on the common property line with the Open Space; Slid (vii) all fences that are inside of or that tie into the perimeter
masonry screening wall shall be no higher than a perimeter masonry screening wall for a distance of ten (I0) feet
from said wall.
Given the great variety of potential fencing and screening configurations and materials, it is understood that
the fencing restrictions contained in this Section 13 may not be exhaustive; therefore, no fence, wall or hedge on
any Affected Lot shall be ~recte~l, placed, altered, painted or stained without the prior written approval of the
· .. Committee. Upon submission of a written request for same, the Committee may, from time to time, at its sole
DECLARATION OF COVENANTS, CONDITIONS AND
- .RESTRICTIONS I~OR COPPELL GREENS, PHASE ONE - Page 13
discretions, permit the construction of fences or walls which are in variance with the provisions of this Section 13
wherein the sole opinion of the Committee, the fence or wall is an integral part of the architectural style or design
of the home.
Section 14. Antennae, Satellite Dishes and Solar Colleetocs. No Owner may erect or maintain solar
collector panels or equipment upon any Affected Lot unless su:~ -~pparams is erected an~i'ix~dntained in such a way
that it is screened from view from any street, alley, Common Areas, Open Space, park or other public area.
Antennas for UHF and VHF television reception and satellite dishes having a diameter of one (1) meter or less shall
be screened from view to the greatest extent possible so long as an acceptable quality signal may still be received.
All other antenna, dishes or other equipment for receiving or sending sound or video messages are not allowed on
the Property unless inside the attic of the main residential structure or, with written permission of the Committee,
one (1) satellite dish with a diameter in.excess of one (1) meter may be placed in the backyard of an Affected Lot
so long as it is completely screened from view from any street, alley, Common Areas, Oizn Space, park or other
public area. Amateur radio antennas, towers or masts, either for transmitting and/or receiving, shall not be
permitted on the Property.
Section 15. .Chimneys. All fireplaces flues, smoke stacks, and spark arrestors shall be completely
enclosed and concealed from public view in finL~hed chimneys constructed of materials architeaurally compatible
with the furlsh material of the exterior walls of the dwelling.
.,%ction 16. _Clothes Han~in:~ Device~. Exterior clothes hanging devices shall not be permitted.
.Section 17. Window Treatment. N° aluminum foil, reflective film or similar treatment shall be placed
on window or glass doors.
.Section 18. Water Wells. Thc drilling, operating or maintaining of any water wells on any Affected
Lot shall not be permitted7 Each Unit shall be conneeted to the City water and sanitary sewer system.
~,~ction 19. Architectural Control Comrni!L,~,e, The Architectural Control Committee (hereinafter
called the 'Committee,) ~ be composed of three (3) individnah selected and appointed by the Association, each
generally familiar with residential and community development design matters and knowledgeable about the
Association's concern for a high level of taste and design standards within the Property. The initial members of
the Con~c,,ittee shall be appointed by the Declarant. The Coaimittee shall function as the representative of the
Owners of the Affected Lots for the purposes herein set forth as well as for all other purposes consistent with the
creation and preservation of a tim-class community development. The Committee shall use its best efforts to
promote and ensure a high level of taste, design, quality, harmony and conformity throughout the Property.
In the event of the death or resignation of any member of the Committee, the Association shall have full
authority to designate and appoint a successor. The Association shall have the right to remove any member of the
Committee at any time, with or without cause. No member of the Commiuee shall be liable for, and shall be
indemnified against, claims, causes of action or damages (except where occasioned by gross negligence or arbitrary
and capricious conduct) arising out of services performed pursuant to this Declaration. The Committee shall be
entitled, at any time and from time to time, to seek and obtain professional advice and counsel (including but not
limited to architects, attorneys, designers, engineers and landscape technicians) in connection with the performance
of its duties and all reasonable costs and expenses related thereto paid for or reimbursed by the Association. The
Association shall have the right and power to impose and collect a reasonable fee from each Owner for the review
and approval/disapproval process and services rendered by the Committee.
No building, structure, fence, wall or improvement of any kind or nature shall be erected, placed or altered
on any Affected Lot until all plans and specifications, a plot plan and one or more surveys have been submitted to
and approved in writing by ~e Committee, or a majority of its members, as to:
DECLARATION OF COVENANTS, CONDITIONS AND
_ RESTRICTIONS FOR COPPELL GRRENS, PHASE ONE - Page 14 --
(i) quality of workmanship and materials; adequacy of site dimensions; adequacy
of structural design; proper facing of main elevation with respect to nearby streets;
(ii) minimum finished floor ~levation, mandatory brick shelf elevation, and proposed
footprint of the dwelling;
(iii) conformity and harmony of the external design, color, type and appearance of
exterior surfaces and landscaping;
(iv) location with respect to topography and finished grade elevation and effect of
location and use on neighboring Affected Lots and improvements situated thereon; drainage
arrangements; and
(v) the other standards set forth within this Declaration (and any amendments hereto)
or as may be set forth within bulletins proraulgated by the Committee, or matters in which the
Committee has been vested with the authority to render a final interpretation and decision.
The Committee is authorized and empowered to consider and review any and all aspects of dwelling construction
which may, in the reasonsble opinion of the Committee, adversely affect the living enjoyment of one or more
Owners or the general rayne of the Property ....
Final plans, specifications and surveys shall be submitted in duplicate to the Committee for approval or
disapproval. The Committee is authorized to request the submission of samples of pmposcd construction materials.
At such ~ as the plans, specifications and surveys meet the approval of the Committee, one complete set of plans,
specifications and surveys will be retained by the
and returned to the Owner or his desj~m~t_~! Coraraitteo and the other complete set will be marked "Approved.
_ - repreaentative. If found not to be in compliance with this Declaration,
one set of such plans, specifications and surveys shall be returned 'Disapproved,' _n~,__ompanied by a reasonable
statement of items found not to comply with this Declaration. Any modification or change to the approved set of
plans, specifications and surveys must again be subraitted to the Committee for its ',inspection and approval. The
Committee's approval or disapproval, as required herein, shall be evidenced in writing. If the Coramittee fails to
approve or disapprove such plans, specifications and surveys within ~hirty (30) days after the date of submission,
then such instruments shall be submitted by such Owner Io the Board of Directors of the Association. If the Board
of Directors fails to approve or disapprove such plans, specifications and surveys within thirty (30) days, then the
Committee and Association approval shall be presumed. No approval of any pians by the Committee or the Board
of Directors shall be construed to mean that the plans comply with applicable law, building code, or governmental
regulation, it being the responsibility of the person submitting any plans to assure compliance with all applicable
laws. Notwithstanding the foregoing, Declarant or any other party regularly engaged in the construction of new
single-family residences on the Lots shall only be required to submit standard plans and specifications for each type
of residence to be constructed on a Lot one (1) time to the Committee for approval and upon obtaining such
approval Declarant shall be entitled to construct residences based upon the standard plans and specifications
approved without seeking further approval.
The Committee may frora time to time publish and promulgate architectural standards bulletins and/or lot
information sheets which shall be fair, reasonable and uniformly applied and shall carry forward the spirit and
intention of this Declaration. Unless otherwise indicated herein, the Committee shall not have unbridled discretion
with respect to taste, desil;n and any standards specified herein, and the Committee shall be responsive to
technological advances or general changes in archit~tural designs and materials and related conditions in future
years and use its best efforts to balance the equities between matters of taste and design (on the one hand) and use
of private property (on the other hand). Such bulletins and lot information sheets shall supplement this Declaration
and are incorporated herein by reference. EACH OWNER SHALL SEEK AND OBTAIN AND BECOME
THOROUGHLY FAMILIAR WITH ANY AND ALL ARCHITECTURAL STANDARDS BULLETINS AND LOT
INFORMATION SHEETS PRIOR TO ACQUISITION OF, AND CONSTRUCTION ON, ANY AFI~ECTED LOT.
DP-J2LARATION OF COVENANTS, CONDITIONS AND
- .RESTRICTIONS FOR COPPELL GREENS, PHASE ONli - Page 15
Section 20. Minimum Dwelling Unit Size; Construction Material:;.
(a) Each Unit constructed on any Affected Lot shall have the minimum floor area
as required by City standard.
.... (b) The exteri,3: ':.'all surface of ail Units shall be constructed in accordance with
City standards.
(c) All retaining walls in front or side yards facing the street and ail wails facing
Common Areas are to be constructed of milsap stone. All retaining Walls on interior and rear lot
lines are to be constructed of six (6) inch treated timbers. All footings for retaining wails must
extend at least six (6) inches below the final grade of any swale. All retaining wails must be at
least two courses high. The maximum slope above any retaining walls in frodt' yards and side
yards shall not exceed 12% and the maximum slope above any retaining wails in rear yards shall
not exceed 25 %. Except as otherwise provided in this subsection, ail retaining wails constructed
on the Property must be constructed with properly engineered concrete, masonry or other
material(s) approved in writing by the Committee.
(d) All roofs on two story structures shall have at least a five (5) foot to twelve (12)
foot pitch and ail roofs on single story structures shall have at least a six (6) foot to twelve (12)
foot pitch unless otherwise approved by the Committee. A minimum twenty (20) year warranty
is required on all roofing m~terials.
.,Section 21. _Oil and Mining Operation~. No oil drilling or development operations, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any Affeetecl Lot nor shall oil wells, tanks,
tunneh, mineral excavations or ~haf~ be permitted upon or in ~ny Affected Lot. No derrick or other ~ructure
designed for nse in boring for oil or m~turai gas or other minerals shall be erected, nm/ntained or permitted upon
any Affected Lot.
.,~x:tion 22. ~_.~_.~_P.~g. Each Affected LOt fl~all be fully landscaped and continuonsly maintained
in accordance with the requirements established by the Committee or a majority of its members.
~Section 23. ~. All residences or dwellings erected or placed on any Affected Lot shall
face the road or ~a~et adjacent to the Affected Lot as shown on the Plat of the Property or as prescribed in the deed
from Declarant conveying the Affected Lot. No portion of such dwelling or residence shail be nearer to the front
of the property line of said Affected Lot then as designated on the recorded plat of the Property. No portion of such
dwelling or residence located oa Zone A Lot shall be nearer to the side property line than eight ($) feet ~nd no
portion of such dwelling or residence located in Zone B Lot shall be nearer to the side property line than five (5)
feet. In addition, ne portion of such dwelling or residence shall be nearer to the rear property line than twenty (20)
feet.
ARTICLE IX
ANNEXATION
Section 1. .Annexation by Declarant. At any time during the initial term of this Declaration, the
Declarant may, at its sole option, annex additional property to this Declaration to be subject to the terms hereof to
the same extent as if originally included herein and subject to such other terms, covenants, conditions, easements
and restrictions as may be imposed thereon by Declarant. Annexation shall be evidenced by a written Declaration
of Annexation executed by Declarant setting forth the legal description of the property being annexed and the
restrictive covenants to be applied, to such annexed property.
DECLARATION OF COVENANTS, CONDITIONS AND
- RESTRICTIONS FOR COPPELL GREENS, PHASE ONE - Page 16
_Section 2. Annexation by Action of Members. At any time the Board of Directors may request
approval of the membership for the annexation of additional p~'operty into the Association to be subject to all of the
terms of this Declaration to the same extent as if originally included herein. No such annexation shall be effective
unless approved by two-thirds (2/3) of the members who are present and voting in person or by proxy at a meeting
called for this purpose at which a quorum is present. Any property that is contiguous to existing property to this
Declaration may be annexed hereto according to the foregoing requirements, provided however, thi~t no such
annexation shall be effective without the consent and joinder of the owners of the property to be annexed. Such
annexation must be evidenced by a Declaration of Annexation as set forth in Section I above executed by the parties
herein described.
~Section 3. ~No Duty to Annex~. Nothing herein contained shall establish any duty or obligation on
the part of the Declarant or any member to annex any property to this Declaration.
.,%etlon 4. ~Effect of Annexation on Cl:z~s B Men~bershi,.,,. In determining the number of Affected
Lots owned by Declarant for the purpose of Class B Membership status according to Ankle II, Section 6, the total
number of Affected Lots covered by the Declaration including all Affected Lots annexed thereto shall he considered.
If Class B Membership has previously expired but annexation of additional property restores the ratio of Affected
Lots owned by Declarant to the number required for Class B Membership, such Class B Membership shall be
reinstated.
ARTICLE X
GENERAL
Section 1. Remedies. In the event of any default by any Owner under the provisions of this
DeclaratiOn, By-Laws or roles and regulations of the Association, the Association and/or any Owner shall have each
and all of the fights and remedies which may be provided for in this Declaration, the By-Laws and said rules and
regulations, and those which may be available at law or in equity (including without limitation the rights and
remedies sci forth in Section $1.002 of the Texas Property Code, as amended), and may prosecute any action or
other p~-_~d_ ~s against such defaulting Owner and/or others for enforcement of any lien, statutory or otherwise,
including foreclosure of such lien and the appointment of a receiver for thc Affected Lot and ownership interest of
such Owner, or for damages or injunction, or specific performance, or for judgement for the payment of the money
and collection thereof, or for any combination of thc remedies, or for any other relief. No remedies herein provided
or available at law or in equity shall be deemed mutually exclusive of any other such remedy. All expenses of the
Association in connection with any such actions or proceedings, including court costs and attorney's fees and other
fees and expenses, and all damages, permitted by law from the due date until paid, shall be charged to and assessed
again_st such defaulting Owner, and shall be added to and deemed part of the respective maintenance assessment (to
the same extent as the lien provided herein for unpaid assessments) upon the Affected Lot and upon all of his
additions and improvements thereto, and upon all of his personal property upon the Affected Lot. Any and all of
such rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise, by the
Association or any Owner.
.Section 2. Term and Amendment.~. The covenants &lid restrictions of this Declaration shall nm with
and bind the land for a term of thirty (30) years -from the date this Declaration is recorded, after which time they
shall be automatically extended for successive periods of ten (10) years, unless seventy percent (70%) of the total
votes, in the aggregate, of the outstanding votes shall have voted to terminate the covenants and restrictions of this
Declaration upon the expiration of the initial thirty (30) year period or any extension thereof, which termination shall
be by written instrument signed by Members entitled to cast seventy percent (70%) of the total votes, in the
aggregate, and properly recorded in the Real Property Records of Denton County, Texas. This Declaration may
be amended by an instrument signed by Owners constituting not less than seventy percent (70%) of the total votes,
in the aggregate, of the Association; provided, however, that no such amendment shall be effective unless joined
by Deqlarant until such time as Declarant no longer owns an Affected LOt. Any amendment must be recorded.
DECLARATION OF COVENANTS, CONDITIONS AND
- .RESTRICTIONS FOR COPPELL GREENS, PHASE ONi~, _ Page 17
Notwithstanding any provisions hereof to the contrary, the Declarant may, at its sole discretion and without consent
being required of anyone, (i) modify, amend, or repeal this Declaration at any time prior to the closing of the sale
of the first Affected Lot, provided said amendment, modification, or repeal is in writing and properly recorded in
the Real Property Records of Denton County, Texas and/or (ii) amend this Declaration to correct errors or cause
this Declaration to be in compliance with any and all applicable laws, roles and regulations (including witbout
limitation any and all applicable laws, roles and regulations of the Federal Housing Adrnini~tration'and/or the
Veterans Administration). ·
.Section 3. Severabilit¥. Invalidation of any one of these covenants or restrictions by judgement or
court order shall in no way affect any other provisions, which shall remain in full force and effect.
.Section 4. Ri~ts and. Obligation.~. The provisions of this Declaration and the Articles of
Incorporation and By-Laws and the rights and obligations established thereby shall bd'deemed to be covenants
running with the land and shall inure to the benefit of, and be binding upon, each and all of ~he Owners and their
respective heirs, representatives, successors, assigns, purchasers, grantees and mortgagees. By the recording or
the acceptance of a deed conveying a Affected Lot of any ownership interest in the Affected Lot whatsoever, the
person to whom such Affected Lot or interest is conveyed shall be deemed to accept and agree to be bound by and
subject to all of the provisions of this Declaration and the Articles of Incorporation and By-Laws, whether or not
mention thereof is made in said deed.
.Section 5. .Miscellaneous Provislon~. Any provisions of this Declaration or of the Articles of
Inco~oration and By-Laws to the contrary notwithstanding, the following provisions shall control:
(a) .FHA/VA Approwl, If any prospective Owner applies for FHA or VA mortgage
financing and receives a commiunent therefor, for so long as the Class B Membership provided
for in Article II exists the following actions will require approval of the Federal Housing
Administration or the Veterans Administration, as ~plicable: (1) annexation of additional
properties, (2) dedication of Common Areas, and (3) amendment of this Declaration.
(b) The following actions will require notice to all institutional holders of first
mortgage liens who have notified the Association in writing of their address to which such notices
are to be delivered: (1) abandonment or termination of the Association; or (2) material amendment
to the Declaration.
(c) Upon the request of any fu'st mortgagee of a Unit on an Affected Lot, the
Association shall furnish to such mortgagee a written notice of any default by the Owner of such
Unit in the performance of such Owner's obligations under this Declaration or the By-Laws or
Association rules and regulations which is not cured within thirty (30) days. Any first mortgagee
- .
co.mes into_ p. ossess~on of such dwel.ling pursuant to the remedies provided in
the mortgage, orec~osure ot me mortgage, or deed (or assigum~nt) in lieu of foreclosure, shall
take such property free of any claims for unpaid assessments or charges in favor of the
Association against the mortgaged dwelling which accrued prior to the time such holder comes into
possession of the dwelling.
(d) Unless at least seventy-five percent (75%) [or such lesser percentage as is
allowed or permitted by applicable FHA or VA regulations from time to time] of the first
mortgagees (based upon one vote for each mortgage) have given their prior written approval,
neither the Association nor the Owners shall be entitled to:
(i) by act or omission seek to abandon, partition, encumber,
or transfer.the Gommon Areas, if any, or any portion thereof of interest therein
(the granting of easements for public utilities or other public purposes consistent
DECLARATION OF COVENANTS, CONDITIONS AND
_ RESTRICTIONS FOR COPPELL GREENS, PHASE ONE - Page 18
with the intended use of such property shall not be deemed a transfer ~vithin the
meaning of this clause);
(ii) substantially change the method of determining the
obligations, assessments, dues or other charges which may he levied against an
Owner by the Association; ~--~
(iii) by act or omission change, waive, or abandon any scheme
of regulations or enforcement thereof pertaining to the architectural design or the
exterior appearance of the dwellings or maintenance of the 'dwellings or Lots;
(iv) fail to maintain liability and extended coverage insurance on
insurable property comprising a part of the Common Areas on ~.;curr~nt
replacement cost basis in an amount not less than one hundred percent (100%)
of the insurable value (based on current replacement costs).
(e) All personal pronouns used in this Declaration, whether used in the masculine,
feminine or neuter gender, shall include all other genders; the singular shall include the plural,
and vice versa.
Section 6. ~. Th.e headings contained in this Declaration are for reference purposes only
and shall'not in any way atteet the meaning or mteq~retation of this Declaration.
.Section 7- C. onflicts, in the event of conflict between the terms of this Declaration and the ByLaws,
rules, regulations or Articles of Incorporation of the Association, this Declaration shah control.
.Section 8. ~. in the event any of the Aff_ec~__~ Lots are located partially within a floodplain
or flood prone area, such Affected Lots, and the construction of ~ny impmveme~ thereon, must conform with the
rules, regulations and guidelines ~ forth in ail applicable City of Coppell flood management ordinance(s) and other
applicable laws, rules and regulations.
when tal~en together, ~hal ted in one or more counterparts, all of which,
DECLARATION OF COVENANTS, CONDITIONS AND
_ _RF3~ICTIONS FOR COPPELL GREENS, PHASE ONE - Page 19
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on its behalf, atteated
and its corporate seal to be hereunto affixed as of the ?~-tlt~ day or_Oe.4to{ae,~.- , 1998.
.... DECLARANT:
COPPELL GREENS, LTD.,
a Texas limited partnership
By: Argus Development Company of Texas, Inc.,
General Partner
Title:_
THE STATE OF TEXAS §
§ .
COUNTY OF DALLAS §
~)_ ,- ..- This instrument wa~ ackng, wl~ged before me on the ~t2~ da of ff'
- . .
Inc., Oema-al Partaer of Coppell Greeaa. Ltd ~'~ n, .... ,: ..... 7 of..Argua uevelopment Company of
.... · ~ amutea parmeratup, on behalf of $aid limited partnea'~p.
~ ~~ Notary Publio, State ot Texas K
~ ~',~, ~ ~] Uy Commission F. xptres
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR COPPELL GREENS, PHASE ONI,; - Page 20
_EXHIBIT "A"
Property Description
_.... Coppell Greens, Phase One
A tract of land situated in the Clarinda Squires Survey, Abstract No. 1682 and the William T.
Hyder Survey, Abstract No. 1701 in the City of Coppell, Denton County, Texas and being part ora tract
of land as conveyed to BancPlus Savings Association by a deed recorded in Volume 2583, Page 245 of
the Deed Records of Denton County, Texas and being more particularly described a~ follows:
BEGINNING at a ~" iron rod found for corner on the west line of Denton Tap Road (a variable
width fight-of-way), said point being the northeast corner of the said BancPlus SaYings Association tract
and the southeast corner of a tract of land as conveyed to Annie Lee Roberts by deed recorded in Volume
2305, Page 131 of the Deed Records of Denton County, Texas;
THENCE S. 00°00'24. W., 1150.96 feet along the said west line of Denton Tap Road to a ~"
iron rod set for corner;
THENCE N. 89°59'36" W., 229.41 feet leaving said west line of Denton Tap Road to a ih" iron
rod set for corner;
THENCE S. 06030'48" W., 42.10 feet to a ½" iron rod set for corner;
THENCE S. 24°15'07" W., 332.95 feet to a ~" iron rod set for corner;
THENCE N. 89o48'36" W., 591.35 feet to a ~" iron rod set for corner; .
THENCE N. 66017'50" W., 142.19 feet to a ~' iron rod set for corner;
THENCE N. 16°53'38. E., 182.45 feet to a ~" iron rod set for corner;
THENCE N. 30048'36" E., 101.29 feet to a ~" iron rod set for comer;
THENCE N. 41013'09" E., 92,62 feet to a ~,6" iron rod set for corner;
THENCE N. 32°12'44" E., 49.04 feet to a ~" iron rod set for corner;
THENCE N. 57°47'16- W., 139.50 feet to a ½' iron rod set for corner;
THENCE S. 32°12'44. W., 37.37 feet to a ~6' iron rod set for corner;
THENCE N. 57°47'16- W., 277.61 feet to a ½" iron rod set for corner, said point being the
beginning of a curve to the left having central angle of 08°38'17-, a radius of 625.00 feet and a chord
bearing and distance of N. 62°06'24- W., 94.14 feet;
THENCE along said curve 94.23 feet to the end of said curve, a ~" iron rod set for corner;
THENCE N. 23°34'28. E., 35.73 feet to a ½" iron rod set for corner, said point being the
beginning of a curve to the right having a central angle of 18°13'13-, a radius of 400.00 feet and a chord
bearing and distance of N. 32041'04" E., 126.67 feet;
THENCE along said curve 127.20 feet to the end of said curve, a ~,6" iron rod set for comer;
THENCE N. 67°55'48- W., 144.35 feet to a ~' iron rod set for corner, said point being the
beginning ora non-tangential curve to the right having a central angle of 26o08,55., a radius of 538.09
feet and a chord bearing and distance of N. 49o40'27" E., 243.45 feet;
THENCE along said curve 245.58 feet to the end of said curve, a ~6" iron rod set for corner,
said point being the beginning of a curve to the left having a central angle of 38°25'48", a radius of
411.91 and a chord bearing and distance of N. 43°32'01. E., 271.13 feet;
THENCE along said curve 276.28 feet to the end of said curve, a ~" iron rod set for corner;
THENCE N. 24019'07" E., 309.90 feet to a ~" iron rod set for corner, said point being on the
south line of the said Annie Lee Roberts tract;
THENCE S. 89058'33" E., 907.68 feet along the said houth line of the Annie Lee Roberts tract
to the POINT OF BEGINNING and containing 35.8820 acres (1,563,018 square feet) of land.
_EXIHBIT "A" - Page Solo
.EXHIBIT
Open Space/Common Area Lots
Coppell Greens, Phase One
Block A, Lots IX, 10X, 21X
Block B, Lots 4X, 15X
Block C, Lots 1X, 18X
~.'.
Block D, Lots 8X
Block E, Lots 7X
oo
EXIHBIT "B" - Page Solo
~EXIHBIT "C"
Open Space Lots
· .Coppel! Greens, Phase One
Block A, Lots 6 - 29
Block B, Lots 2 - 14
Block C, .Lots 18 - 53
.t.'.
Block D, Lots 1 - 16
Block E, Lots I - 7
EXHIBIT "C" - Page Solo
-EXHIBIT "D"
Zone A Lots
Coppell Greens, Phase One
Block A, Lo~s 1 - 29
Block B, Lots I - 7
Block C, Lo~s 47 - $3
Block D, Lots I - 16
Block E, Lo~s I - 7
£ ·
_EXHIBIT "D" - Page Solo
EXHIBIT "E"
Zone B Lots
Coppell Greens, Phase One
Block B, Lots 8 - 15
Block C, Lots 1 - 46
EXHIBIT "E" - Page Solo
EXHIBIT "F"
Location of Use Easement
and Zero Lot Line Wall
: Coppell Greens, Phase One
.... -- ....... RO~I~RT TH, O~PSON SURVey -- ~S~T ~0 1274
· ~
I
EXhiBIT "F" - Page Solo