McDonalds/FP-DR 870727TO
GINN, INC.
Consulting Engineers
17103 Preston Road
Suite 100, LB-115
DALLAS, TEXAS 75248
(214) 248-4900
WE ARE SENDING YOU ~2-~ttached [] Under separate cover via,
[] Shop drawings [] Prints ~
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.the following items:
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SIGNED:~__
If enclosures are not as noted, kindly notify us et once.
Open DratnagewaYS Figures 21, 22 and 23 depict landscaping concepts to be
considered for incorporation into the engineering design of open drainage areas. The
prtmary area of concern relates to those secttons of the drainageways' whtch are
vtsible ?rom primary and seCondary tmage zones, wlthtn one hundred feet (100') of the
R.O.W~ The pedestrian/bike path shown should be tncluded if the drainageway fits
into the approved Ctty Hike/Bike Trail Plan. Key aspects of concepts are the
Installation of a sprinkler system in the landscaped portion dratnageway by the
developer and the creation of an owner's association to assume overall responsibility
for maintenance of the landscaping. Trees are to be requred along each side of the
dratnageway at a ~inlmum denstty of one for every forty (40) feet of frontage.
Headwall Figure 24 depicts a headwall for a culvert along an open drainage swale
This detatl is particularly more important where curb and
adjacent to a roadway.
guttering wtll not be Installed for several years. The intent is to provide an
attractive headwal.1 design over which a mower can be driven or pulled. Stone, brick
or concrete pavers are acceptable materials covering the headwall, although the
previously mentioned "Uni-decor" concrete pavers (antique red) would be the most
desirable alternative. The facing would only be appropriate for permanent headwalls
that are visible from primary or secondary image zones (within 100' of the R.O.W.).
The requirements for facings for culverts ~hould apply both to pipe culverts and box
culverts.
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Landscape Maintenance
m The city of Cappell will be
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responsible for all median maintenance, all paving
maintenance, and the repair of streetscape elements when damaged by City initiated
utiltty work in dedicated easements. Other damage to streetscape elements occurring
during utility repairs will be the responsibility of the uttlity company.
The established owners associations or Individual property owners wtll be responsible
for the maintenance of streetscape elements in the parkway and the fifteen (15) feet
no-parking zone adjacent to the parkway. This wtll include residential brick
screening walls and landscaping in common areas. An Owner's Agreement (see attached
Exhibit A) will be approved during the subdivision plat process and filed with the
City. It formally establishes the owners association, defines the areas of
maintenance, and provides the City with the ability to assess the association if
maintenance responsibilities are not carried out.
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THE STATE OF TEXAS
COUNTY OF DALLAS
EXHIBIT A
HOMEOWNER'S AGREEMENT
DEED RECORD
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
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:
A. "Association" means the
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.
"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.
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ARTICLE [!
Association: Creation, Hembership~ Bylaws
The Association shall be formed as a non-profit corporation in
accordance with the laws of the State of Texas.
Section 2. All owners shall automatically become members of the Association.
'Section 1.
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Membership in the Association is limited to the owners.
Section 3. The Association may adopt by-laws that reasonably regulate the
organization and operation of the Association.
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ARTICLE II I
Use and Management of Coemon 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. ·
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ARTICLE IV
Rights of the City
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 (XO) days after receipt by the Association of
written notice from the City stating the nature and extent of the Association's
failur~ to maintain common areas.
Section 2. Upon assuming the maintenance obligation, the City may collect all
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 maintain the common areas when it presents to the City substantial evidence
of its willingness and ability to resume its maintenance obligations.
ARTICLE V
I Duration
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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
agreement. The I~ayor.shall give notice to each owner not less than ten (10) days
I before the date set for the Planning and Zoning Commission hearing and the City
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Council hearing by depositing the notice property addressed and postage paid in the
United States Post Office to each owner as the ownership appears on the last approved
City Tax Roll.
I EXECUTED ON THIS day of ,, 19__...
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ACKNOkLEOGEMENTS
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
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person whose name ts subscribed to
the foregoing instrument, and acknowledged to me that he executed the same for the
purl~oses and consideration therein expressed.
Given under my hand and seal of office on this day of ..,
19 .
Notary Public tn and for
County, Texas
(2) Corporate Acknowledgement
THE STATE OF TEXAS
COUNTY OF
Before me the undersigned authority, on this day personally appeared
· of
, a coproratton, known to me to be the person whose
name 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 ,.,
19
Notary Public in and for
County, Texas