Georgian Place/FP-CS 981106ROBERT L. DILLARD III
ROBERT E. HAGER
PETER G. SMITH
DAVID M. BERMAN
BRUCE A. STOCKARD
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS @NJDHS.com
JOHN F. ROEHM III
JASON C. MARSHALL
J. DAVID DODD Ill
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
November 6, 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
NOV
RE: Georgian Place - 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 Georgian Place development within the City of Coppell,
Texas. After review, we recommend the following additions under Section 1.2 Areas of
Common Responsibili~ to read as follows:
"Areas of Common Responsibility" shall mean the perimeter
landscaping, screening and entry on Sandy Lake Road, including
but not limited to any masonry wall, common foundation wall,
landscaping and irrigation, entry, area landscaping, irrigation wall,
signage and security building, if any, any portion of street right-of-
way, including pavement, subgrade curb, streets, alleys, or
sidewalks of Georgian Place Subdivision, drainage facilities,
detention ponds, rights-of-way, and other such areas lying within
the dedicated public easements or rights-of-ways as deemed
appropriate by the Board, including but not limited to "open
spaces" as defined herein, for the preservation enhancement of the
property values and general health, safety and welfare of the
Owners as provided in the subdivision plat of the property which is
described in Exhibit "A."
We feel that this language more completely describes any possible areas of
common responsibility and provides the City with adequate protection to ensure that all
open spaces and areas of common responsibility are properly maintained.
Ms. Isabelle Moro
November 6, 1998
Page 2
In addition, we Would recommend that Section 2.2 Title to the Open Space add
language at the very end of the paragraph to include the following words after the word
"Declaration..."
"or by the Subdivision Plat of the property described in Exhibit A."
Lastly, we would like a clause added in after the first sentence in Section 7.13
Failure of Association to Perform Duties to include, "The City has the right and ability
to perform any of the responsibility concerning the maintenance of areas of common
interest or open spaces as defined herein." While the general language seems to include
all of the obligations created under this document, for ease of enforcement in the future,
we feel that those words needed to be added in so there is no question about the City's
ability to enforce the restrictive convenants with regard to maintenance.
Also, we would like conformation by the Planning Department that they have an
adequate description of property A and that it matches the proposed plat so that it would
encompass the entire property. As is customary in these cases, you do not provide a copy
of the property description and we need verification from either your department or
Engineering as to the adequacy of the property description for which the declaration of
covenants conditions and restrictions for Georgian Place would apply. Subject to the
changes and additions that we have made herein, we would recommend approval.
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,
Robert E. Hage~
REH/cdb
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