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Fountain Pk P2/FP-CS 980527 NICHOLS, JACKSON, DILLARD, HAGER & SMITH. ~I,lI~P. ~.., : ROBERT L. DILLARD III Attorneys & Counselors at Lawi'll/ PETER G. SMITH 1800 Lincoln Plaza DAVID M. eHRMAN 500 North Akard ; BRUCE ^. STOC~RD Dallas,(2 I 4)Texas 965-990075201 ~ ~ "~'"-,,-~ Lt~OU Fax (214) 965-0010 L~WRENCE W. J^CKSON E-mail NJDHS @ NJ DHS.com oF counsEt May 27, 1998 VIA FACSIMILE//(972)304-3570 AND FIRST CLASS MAIL Ms. Isabelle Moro Planning and Zoning Coordinator City of Coppell P. O. Box 478 Coppell, 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 Coppell, 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 the 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 restrictions, i have stressed the need to accurately define the common areas as they exist at the time of the plat as well as any additional areas that ma3' 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 between "e" and "g," which would in fact be "f' 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 are maintained by the association or adjacent lot owners. If we could include that definition, I am prepared to accept Fountain Park Phase II. Ms. Isab¢lle Moro May 27, 1998 Page 2 If you should have any questions or need additional information, please feel free to contact me. Thank you for your attention to this matter. Sincerely, NICHOLS. JACKSON. DILLARD, HAGER &~~, L.L.P. By: ~ REH/slp 18491 NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.