Loading...
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 /////0 21710