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.