Reserve/PP-CS 980617The City With A Beautiful Future
P,O. BOX 478
COPPELL, TEXAS 75019
PLANNING DEPARTMENT
255 Parkway Boulevard
P.O. Box 478
Coppell, TX 75019
(972) 304-3678
FAX: (972) 304-3570
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I;KT~IERq' E. ["lAGER
(]AVID M.
· RUCE A. G'TOGKA~O
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Cou~elo~s at Law
1800 Lincoln Plaza
500 North Aka~d
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E,-mail N.,"DH$ ~bUDHS.com
June 16, 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: Wiibow-Reserve Declaration of Covenants, Conditions and Restrictions
Dear Isabellc:
In connection with reviewing thc Restrictive Covenants, Conditions and
Restrictions from Wilbow-Reserve Development Corporation in reference to the
"Reserve," we have completed our review. Upon our review, the Restrictive Covenants,
Conditions and Restrictions for the subdivision known as the Reserve, subject to our
comments below, meets the minimum requirements of the subdivision regulations and
attached appendices for the City of Coppcll, Texas.
First, we would add a definition for "common area" or "common maintenance
in Article One of the Restrictive Covenants which clearly defines the common
Specifically, we would like the following definition in Article One:
"Common areas" is that portion of the property, including any
improvements thereon, conveyed to the Association free and clear of
monetary encumbrances (other than taxes and assessments, including,
without limitation, assessments relating to road utility district, levee
improvement district, municipal districts, rural districts or other utility
districts and/or quasi-governmental districts or any district created
pursuant to the laws of the State of Texas) for the common use or benefit
of the owners and/or property, designated as 'common areas' on a plat
recorded against the property or any portion thereof."
Secondly, we would like the inclusion of a provision regarding the duties and
responsibilities of maintenance of the common area and to create such fund from the
18977
JUN 16 '98 16:48 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 972~04~570 P.0~/06
Ms, lsabelleMoro
June 16,1998
Page 2
membership dues to provide for such maintenance. We would recommend that the
language that was included under Article Three of the Declaration of Covenants,
Conditions and Restrictions for the Vistas, a copy of which is included herein, is an
appropriate example which we find acceptable. Lastly, there needs to be an enforcement
provision in favor of thc City regarding rnaintenance of common areas per the
subdivision ordinance.
So long as these additions are made to the Articles for Westchase, we will be
happy to approve the same.
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,
By: ~
RI~H/slp
Enclosure
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
18977
(b) Class B. The Class B members will be the Declarant ;~nd any Builder
who will be entitled to 3 votes for each unocc.upied Lot they own. The Class B membership will
cease and be converted to Class A membership 180 days after the conveyance of the Lot which
causes the total votes outstanding in the Class A membership to equal the total votes outstanding
in the Class B membership, or l0 years after conveyance of the first Lot to a Class A member,
whichever occurs earlier.
(c) Suspension. All voting rights of an Owner wilt be suspended during
any period in which such Owner is delinquent in the payment of any assessment duly established
pursuant to this Article II or is otherwise in default hereunder or under the By-laws or Rules and
Regulations of the Association.
ARTICLE
GENERAL POWERS AND DuTIEs OF
BOARD OF DIRE~ORS OF TI-FF. ASSOCIATION
Section 3.1 purpose of .M. aintenance Fund. The Board of Directors, for the benefit of the
Owners, will provide and will pay for out of the maintenance fund (provided for in Article II above) the
following: '
(a) Taxes and assessments and other liens and monetary encumbrances
which will properly be assessed or charged against the Common Areas rather than against the
individual Owners, if any.
(b) Care and preservation of the Common Maintenance Areas.
(c) The services ora professional person or management'firm to manage the
Association or any separate portion thereof to the extent deemed advisable by the Board of
Directors (provided that any contract for management of the Association will be immediately
terminable, without cause, by the Association, with no penalty, upon no more than 90 days prior
written notice to the managing party), and the services of such other personnel as the Board of
Directors will determine to be necessary or proper for the operation of the Association, whether
such personnel are empIoyed directly by the Board of Directors or by the manager.
(d) Legal and accounting services.
(e) A policy or policies of insurance insuring the Association and/or its
Board of Directors and officers against any liability to the public or to the Owners (and/or
invitees or tenants) incident to the operation of' the Association in any ampunt or amounts as
determined by the Board of Directors, including a poliey or poIicies or' insurance as provided
herein in Article IV.
(0
any applicable laws.
Workers compensation insurance to the extent necessary to comply with
Declaration of Covenant, Conditions and Restrictions - Page -(~ -
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JUN 16 '98 16:49 FR NICHOLS JCKSON DLLRD 214 965 0010 TO 972~04~570 P.04×06
(b) Cia. ss B. The Class B membem will be the Declarant ;~nd any Builder
who will be entitIed to 3 votes for each unocc.upied Lot they own. The Class B membership wil!
cease and be converted to Class A membership 180 days after the conveyance of the Lot which
causes the total votes outstanding in the Class A membership to equal the total votes outstanding
in the Class B membership, or 10 years after conveyance of the first Lot to a Class A member,
whichever occurs earlier.
(c) Su__~pension. Alt voting rights of an Owner wilt be suspended during
any period in which such Owner is delinquent in the payment of any assessment duly established
pursuant to this Article II or is otherwise in default hereunder or under the By-laws or Rules and
Regulations of the Association.
ARTICLE HI
CEiVERAL POWERS DUTIES OF
BOARD OF D]fRECTO~ OF ~ ASSOCIATION
Section 3.1 P, urpose of Maintenance Fund. The Board of Directors. for the benefit of the
Owners, will provide and will pay for out of the maintenance fund (provided for in Article II above) the
following:
(a) Taxes and assessments and other liens and monetary encumbrances
which will properly be assessed or charged against the Common Areas rather than against the
individual Owners, if any.
(b) Care and preservation of the Common Maintenance Areas.
(c) The services of a professional person or management'firm to manage the
Association or any separate portion thereof to the extent deemed advisable by the Board of
Directors (provided that any contract for management of the Association will be immediately
terminable, without cause, by the Association, with no penalty, upon no more than 90 days prior
written notice to the managing party), and the services of such other personnel as the Board of
Directors will determine to be necessary or proper for the operation of the Association, whether
such personnel are employed directly by the Board of Directors or by the manager.
(d) Legal and accounting services.
(e) A policy or policies of insurance insuring the Association and/or its
Board of Directors and officers against any liability to the public or to the Owners (and/or
invitees or tenants) incident to the operation of the Association in any am?unt or amounts as
determined by the Board of Directors, incIuding a poliey or policies of insurance as provided
herein in Article IV.
(0
any applicable la,vs.
Workers compensation insurance to the extent necessary to comply with
Declaration of Covenants, Conditions and Restrictions - Page - (; -
g:Xlegal~dfwnorth\ccrskcoppcll.wpd (2-13-98)
benefit
powers
(g) Such fidelity bonds as may be required by the By-laws'or as the Board
of Directors may determine to be advisable. ,
(h) Any other materials, supplies, insurance, fumi~re, labor, services,
maintenance, repairs, structural alterations, taxes or assessments (including taxes or assessments
assessed against an individual Owner) which the Board of Directors is required to obtain or pay
for pursuant to the terms of this Declaration or by law or which in its opinion will be necessary
or proper for the enforcement of this Declaration.
Section 3.2 Powers and Duties of the Board of Directors. The Board of Directors, for the
of the Owners, will have the following general powers and duties, in addition to the specific
and duties provided for herein and in the By-laws. of the Association:
(a) To execute ali declarations of ownership for tax assessment purposes
with regard to the Common Areas, if any, on behalf of all'Owners.
(b) To borrow funds to pay costs of operation secured by assignment or
pledge of rights against delinquent Owners if the Board of Directors sees fit.
(c) To enter into contracts, maintain one or more bank accounts, and
generally to have all the power necessary for or incidental to the operation and management of
the Association.
(d) To protect or defend the Common Areas from loss or damage by suit or
otherwise, and to provide adequate reserves for replacements.
(e) To make reasonable rules and regulations for the operation of the
Common lV[aintenance Areas and to amend them from time to time; provided that, any rule or
regulation may be amended or repealed by an instrument in writing signed by a majority of the
Owners, or with r~spect to a rule applicable to less than all of the Common Areas, by the Owners
in the portions affected. ~
(f) To make available for inspection by Owners within 60 days after the end
of each fiscal year an annual report, and to make all books and records of the Association
available t'or inspection by Owners at reasonable times and intervals.
(g) To adjust the amount, collect and use any insurance proceeds to repair
damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost
property, to assess the Owners in proportionate amounts to cover the deficiency.
(h) To enforce the provisions of any rules made hereunder and to enjoin and
seek damages from any Owner for violation of such provisions or rules.
(i) To collect ail assessments and enforce ali penalties for non-payment,
including the filing of liens and institution of legal proceedings.
Declaration of Covenants, Conditions and Restrictions - Page ~ 7 -
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JUN 16 '98 16:50 FR NICHOLS JCKSON DLLRD ~14 965 0010 TO 9?230435?0 P.06/06
Section 3.3 Board Powers Exclusive. The Board of Dk¢ctors wil~ have th~exclusive right
to contract trot. all goods, se~ices and ~nsurance, payment of which is to be made fi.om thc maintenance
~und and the exclusive right and obligation to perform'thc functions of the Board of' Directors, except
otherwise provided herein. .
Secfiou 3.4 Maintenance Con~racts nad Covenants to Share Costs. The Board of
Directors, on behalf of the Association, will have full power and author'icy to contract or enter into
covenants to share costs with any Owner or other person or entity for the performance by the Association
of services which the Board of Directors is not other'wise r~iuired to perform pursuant to the terms
hereof, such contracts or covenants to share costs to be upon such terms and conditions and for such
consideration as the Board of Directors may deem proper, advisable and in the best interest of the
Association.
_S__e_ctiou 3.5 Maintenance of Common Areas and/or Common Maintenance Areas by the.
City of Coppelh Should the Association or its Board of Directors fail or refuse to maintain such
Common Areas and/or Common Maintenance Areas to City specifications for an unreasonable time, not
to exceed 90 days after written request to do so, the City of Coppetl, by and through a majority of its City
Council members, will have the same right, power and authority as is herein given to the Association and
its Board of Directors to enforce these covenants and levy assessments necessary to maintain the
Common Areas and/oi' the Common Maintenance Areas as described herein. It is understood that in
such event, the City of Coppell, Te,xas, through its City Council, may elect to exercise the rights and
powers of the Association or its Board of Directors, to the extent necessary to take any action required
and levy any assessment that the Association might have, either in the name of the Association, or
othe~vise, to cover the cost of maintenance of said Common Areas and/or Common Maintenance Areas.
ARTICLE IV
TITLE TO COlVlIVION A.R,EAS
Section 4.1 Association to Hold. The A~ociation will own all Common Areas in fee
simple and assume all maintenance obligations with respect to any Common Areas which may be
hereafter established. Nothing contained herein will create an obligation on the parlor Declarant to
establish any Common Areas. Any owner of property within the Property, including any property that is'
annexed into the Property (including, but not limited to, the Drainage Ditch Area), with the permission of
Declarant, may convey such property to the Association. The Association shall accept and maintain such
property for the benefit of its members, subject to any restrictions set forth in the deed or other
instrument transferring such property to the Association.
Section 4.2 CreekfDrainage Area. As of the date of' this Declaration, the exact location of
the Creek/Drainage Area is uncertain, because the real property on both sides of the Creek/Drainage
Area is not plaRed. Therefore, Declarant hereby reserves the right 'to modify the description of the
Creek/Drainage Area (increase or decrease the size of the Creek/Drainage Area) in or'der to facilitate the
plat'ting of the real property on both sides of the Creek/Drainage Area. Declarant shat[ have the right to
convey the Creek/Drainage Area to the Association at any time; provided, however, the conveyance shall
occur no later than thirty (30) days after final plats for both sides of the Creek/Drainage Area are filed in
the public land records. The Association shall be obligated to accept the conveyance of the
Creek/Drainage Area in its then current condition. The Creek/Drainage Area is intended for the control
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TOTAL PAGE.06 **