Town Center SC/FP-CS000207February 7, 2000
0~!~o~c~
Ms. Krista Bamer
North American Properties
14990 Landmark Blvd.
Suite 300
Dallas, TX 75240
P.O. Box'478
Coppell, Texas 75019
Re: Tom Thumb Shopping Center
Dear Ms. Barner:
Things seem to be moving smoothly at the Tom Thumb Shopping Center. It looks like
all the businesses are flourishing and we appreciate Ewing Properties moving this project
forward.
Unfortunately there is always a fly in the ointment and in this case I need to advise you
on a Restrictive Covenant Agreement which does affect your property. Last year the
residents of Chaucer Estates did some legal research and uncovered a Covenant
Agreement between the property owners of The Parks of Coppdl Trust and Chaucer
Estates trust joint venture. Within the terms of that agreement it called for the
construction of a masonry fence 8 ft. in height along the portion of your tract adjacent to
Chaucer Estates. Unfortunately that tract includes your development.
The individuals of Chaucer Estates forced the hand of the YMCA in constructing the 8-ft.
fence along the alleyway. They have now contacted us that they will do the same
regarding the Tom Thumb Center property. We realize we have exempted a portion of
die fence due to the hike and bike trail crossing through the property. Unfortunately it is
in the best interest of the city as well as Ewing Property that a fence be constructed 8 ft.
in height from the point that you have discontinued your present fence to attach to the 8
ft. masonry fence build by the YMCA. There should be a leave out section
approximately 15 ft. in width for the continuation of the hike and bike trail as dedicated
on the plat.
I know this is a fairly confusing situation and we apologize, as we were not aware of the
Restrictive Covenant Agreement that had been signed by the Parks of Coppell Trust.
Please advise my office so that I may communicate with the property owners of Chaucer
Estates regarding this situation as soon as possible. Expedient action will most likely
remedy the situation so that this does not become a legal issue with the Homeowners
Association or appear on any future city council agendas. Please contact Planning
Director Gary Sieb (972) 304-3678 or myself at (972) 304-3618 if you have any further
questions. Please find enclosed a copy of the Restrictive Covenant Agre~nent for your
reference.
Thank you for your continued interest in the City of Coppell!
Greg Jones
Bob Hager
Lloyd Chen
/'.20,.¢ ! 996
02:45
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19723938124 ULTRAPLAN/HOTELINET
PAGE
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A ~B"D]~D. ji~%'D ~TA~
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Vol~e 9208&, page 2~04
rexa~; (ii) ~he te~ "Sale TreC~ Fence~ ~hall mean an cighC ~ct
{~') high ~so~ ~emae vhl~h ~e venture c~n~mpl~e$ c~n~uc~in~
the =e~ "Oxty Trc=t" ~all ~esm =ha~ car=aim 2.0~11 acre tract ~f
l~d ~oca~ &l~nq e portion of ~he north b~undary line of the S~IC
Tracn cO~veye~ by ~he
c~rner ~f Ch~ Ci~ TrieD; (v)
(viii) ~he ~e~ "Appl~C~bli
~B Tr~c~ Sfld/or upon e~y wB Trac~; provided, ~vavo~, under no
eireumutanc~ ~all
2787
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01/'20/1996 02:~5 197239B8124 ULTRAPLAN/HOTELINET PAGE
o~ the app~ica~e ~B ~rsc~ ~ointng &ny potion at ~h8 North
Bo~da~y (~he aAppll~able N~ Trac~ Fenoe"], ~e Applicable
fence mD la,er ~h~ ~Lne~7 (90) days &'Ce the ~a~ ~o oc~ Of
~ht complec~o~ o~ the Sale TriCe FD~Ge, O~ (y) ~ho co~e~comoh~
co~o~ce~ by t~e Applicable D~vel~per, t~e Applicable
' Fence ~o comp~e~iom.
3. ~ ~acc Coveme~. ~C Tru~, which ~regenCl7 o~ all
con,,~ in go~ wo=~anlik, ,e~ner, a ,a,on~y ,once oi~h~
~fl'~ Fl~C~"~. Aa~i~i~nal!~. any Applicable ~ Tract Fence
of ~he Sale Tra~t ~ence, or (y) ~he ee~.enceme~t of con~tructi0n
cons~rUC:lo~ oC any ApFltca~le ~ T~ee~ Tosco h~a bc~n c~oncQC
Appli~abl~ ~veloper(~).
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01,"20/1996 02:45 19723938124 ULTRAPLAN/HOTELINET PAGE
hereof.. ' , , '
6. ~e~, X~ ~he sale ~ag~ Fence ha~
in peragrep~ S hereof. The covenan~ con~ainc~
8. B~efi~. T~Is A~roement i~ for ~e bemefi~ of and Bay be
9. Pr~cr A~ee~= Su=~r~e~e~. This A~recmen:
10. ~. This A~ee~ent nSy ~ a~mded only by a
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