Frank Add/FP-CS 870617 EXHIBIT A
HONEOWNER ' S AGREENENT
THE STATE O[ TEXAS )
) DEED RECORD
COUNTY OF DALLAS )
GERA;D W FRANK is the owner of property located in Dallas
County, Texas, being described on the plat attached hereto and made a part hereof and
marked 'Exhibit A".
~_-~/~Z~'~ ~ ~AJ~.L_ wants to establish reasonable restrictions
on the development and use of the property. For the consideration of the mutual
benefit to the owner and all future owners of the lots within the property, the
following restrictions are placed on every lot and are made a part of every deed.
ARTICLE I
Definitions
The following words, when used in this statement of restrictions and covenants
(unless the context shall clearly indicate otherwise), have the following meanings:
means the
A.
"Association"
OWNER'S ASSOCIATION, INC.
B. "City" shall mean the City of Coppell, Texas or its assignees.
C. "Common area" means all of the property designated as a common landscaped
area on the plat attached as "Exhibit A" and includes all screening walls adjacent to
the public R.O.W. adjoining the subdivision for which this document is applicable.
D. "Lots" means the numbered lots as shown on the plat which is attached as
"Exhibit A".
E. "Owner" means the record owner, "whether by foreclosure or otherwise) of
fee simple title to any Lot.
F. "Property" means the real property described above.
ARTICLE ]!
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Association: Creattonm Membership, Bylaws
~ 'Section 1. The Association shall be formed as a non-profit corporation tn
accordance with the laws of the State of Texas.
Section 2. All owners shall automatically become me~bers of the Association.
I Membership tn the Association ts 11mtted to the owners.
- Section 3. The Association may adopt by-laws that reasonably regulate the
I organization and operation of the Association.
ARTICLE
Use and Management of Common Areas
Section 1. Each owner shall have the nonexclustve right of enjoyment and use
of the common areas. This right is an easement and passes with the title to every
lot.
Section 2. The Association shall maintain, repair, and restore all common
areas. The Association shall levy an assessment upon each lot on a pro rata basis
for all costs connected with the maintenance of the common areas.
Section 3. Each assessment is the personal obligation of the owner of each lot
at the time when the assessment is due. The assessment, together with interest and
cost of collection including reasonable attorney's fees shall be a lien on the lot
and on all improvements on the lot. '
ARTICLE IV
Rights of the Cttx
Section 1. The City shall have the right to perform the' maintenance
obligations of the Association if the Association fails to reasonably perform its
maintenance obligations, and the Association fails to reasonably perform its
maintenance obltgatton.s within ten (10) d~ys after receipt by the Association of
written notice from the City stattng the nature and extent of the Ass'octatton's
fatlur~ to maintain common areas.
Section 2. Upon assumtng the maintenance obligation, the Ctty may collect a11
assessments.
Section 3. When the City assumes the maintenance obligation, the City shall
have the right of access to maintain the common areas. The Association shall
indemnify and hold the City harmless from any and all costs, expenses, suits,
demands, liabilities, damages, or otherwise Including attorney's fees and costs of
suit, in connection with the City maintaining the common areas.
Section 4. When the City assumes the maintenance obligation, the Association
shall not collect any assessments, and shall have no authority to perform the
maintenance obligations. The Association may collect assessments and resume its
duties to matntaln the common areas when tt presents to the Ctty substantial evtdence
of its willingness and ability to resume 1ts maintenance obligations.
ARTICLE V
Duration
Section 1. These restrictions shall be binding for a period of twenty-five
(25) years from the date of this agreement and shall automatically be extended for
successive ten (10) year periods unless a written instrument vacating or modifying
the agreement is signed by the Mayor and all owners, and filed in the
Deed Records at the owners' expense.
Section 2. The Coppell City Council after recommendation by the Planning and
Zoning Commission may by resolution filed in the Deed Records terminate this
agreement if the Council finds physical conditions of the property and the
surrounding area have substantially changed to warrant the termination of this
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agreement. The #ayor.sha11 gtve nottce to each owner not less than ten (lO) days
before the date set for the Planntng and Zontng Commission hearing and the Ctty
Council hearing by depositing the nottce property addressed and postage patd tn the
United States Post Offtce to each owner as the ownership appears on the last approved
City Tax Roll.
EXECUT£O ON THIS 17 day of JUNE , 1987.
. ACKNOgLEDEEgENTS
Arttcle 6602, V.A.C.S., enumerates the persons before whom acknowledgements of
proofs may be made.
(1) Single Acknowledgement .
THE STATE OF' TEXAS
COUNTY OF '"~/I ~L,,,~ $ '
Before me, the undersigned authority, on thts day personally appeared
/~/~/~ f/~/~//~ , known to me to be the person whose name ts subscribed to
~'~regoin~ t~strumen~, and acknowledged to me that he executed the same for the
purl~'oses and consideration theretn expressed. ~ C~_
Given under my hand and seal of office on this /? a~ of .,
LiNDEL~EGRAU N~t*ary Public-in and for
Q ~,~..~.T~. ~. County, Texas
W Oomttltum~ Expire jmy ,m,
(2) Corporate Acknowl edgemen.t.
THE STATE OF TEXAS
COUNTY OF
Before me the undersigned authority, on this day personally appeared.
· of
, a coproratton, kn'~wn to me to be the person whose
~ame is subscribed to the "foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, in the
capacity therein stated and as the act and deed of said corporation.
Given under my hand and seal of office on this~ day of -,
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Notary Publlc In and for
County· Texas