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Fountain Pk P2/FP-CS 980528 255 Parkway Boulevard ~ pToheBoC,~t~?~Wit h A Beautiful Future Coppell,P'O'TxBOX75019478 COPPELL TEXAS 75C!9 (972) 304-3678 FAX: (972) 304-3570 FAX COVER SHEET PLEASE DELIVER THE FOLLOWING PAGES TO: DI~CTDIAL: (q~Z) ~0~-~6 ~ T~NSMITTED BY: DATE: ~/~TIME: REMARKS: IF YOU DO NOT RECEIVE Al.l, OF THE PAGES, PLEASE CALL BACK AS SOON AS POSSIBLE. PLEASE DIAL DIRECT TO THE PERSON SENDING THIS FAX. THANK YOU. MAY 29 '98 13:44 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 9?230435?0 P.02/05 NICHOLS, JACKSON, DILLARD, HAGER & SM/TH, L.L.P. Attorneys & ~un~ at Law ~" ~' ~ENM Ill I~ Li~oin Pl~a ~ c. ~ S~ N~ A~d D~I~, Tex~ 75201 ~. o~. ~. (214) ~S-~ ~. ~ ~ F~ (214) 965~10 ~NC~ W. 4~N E-mail NIDHS ~N~DHS.com ~ ~n~ May 27, 1998 VIAMs.AND Isabelle FACSIMILE FIRST Moro CLASS #(972)304-3570 MAIL ![~n~~[1[¥ 77~ [!~ Planning and Zoning Coordinator , City of Coppell P. O. Box 478 CoppelI, Texas 75019 RE: Fountain Park Phase II Declaration of Covenants and Restrictions Dear Isabelle: Please be advised that I have reviewed the proposed Declaration of Covenants and Restrictions as it applies to the Fountain Park Phase II development within the City of CoppelI, Texas. In reviewing these deed restrictions, the restrictions tract with sufficient clarity to the standard form which is attached to the Subdivision Ordinance for the City of Coppell, Texas. For that reason, we are prepared to approve the deed restrictions and covenants as they apply to this parcel of property. However, having taken this position, likewise, additional clarifications are preferred when dealing with such matters in ~e event there is required enforcement. In reviewing the standard form as well as the Fountain Park Covenants, we found that there is some question as to what constitutes the common maintenance area. As in previous reviews regarding covenants and resections, I have stressed the need to accurately define thc common areas as they exist at the time of the plat as well as any additional areas flaat may form the part of the covenants and restrictions in the future. For that reason, we would request that the developer in this case include a definition of common maintenance area under the definitions which would be betv,,een "e" and "g," which would in fact be 'T' in this case. Common areas which are dedicated to homeowner's association maintenance as well as those areas which are not deeded to the owners of property within the subdivision but are retained by the homeowner's association and under which the provisions of this agreement arc maintained by the association or adjacent lot owners. If we could include that definition, I am prepared to accept Fountain Park Phase II. MAY 27 '98 lS:d5 PR NICHOLS JCKSON DLLRD 214 965 0010 TO 97230d3570 P.05×05 Ms. Isabeile Moro May 27, 199g Page 2 If you should have any questions or need additional information, please feel fi'ee to contact me. Thank you for your attention to this matter. Sincerely, N ~CASO~~,~ .DL .IpL .L A RD ' By: _ ~ R. EI-I/slp 18491 NICHOLS, JrACKSON. DILLARD, tlAGER & SMITI-I, L.L.?. ** TOTAL PAGE.O~ **