Vlg at CC S4/FP-CS 920714 (2)~U~ 14 ~92 16:07 P.2/6
EXHIBIT A
HOMEOWNER'S AGREEMENT
THE STATE OF TEXAS
COUNTY OF DALLAS
DEED RECORD
Jim Scull Construction Co.,__Inc, ..... is ~he owner of 2rooerty located in Dallas
County, Texas, Being described on the plat attached here:c, ant made a part hereof and
marked "Exhibit A",
Jim Sow~ll Construction Co,, I~o ....... wants to establish reasonable restrictions
on the Oevelopment 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
follow~ng restrictions are placed on every lot and are made a Dar~ of every deed.
ARTICLE ~
Definitions
The following words, when used in this statement of restrictions and covenants
<unless the context shall clearly indicate oth:_rwise), have the fmliowin~ meanings:
A. "A~soc i at i on" means :he Vi~ at Cotton~ Cr~k ~
OWNER'S ASSOCIATION, iN'C.
~. "City" shall mean the City of Coppell, Texas or its ~signee$.
C. "C~mon area" means all of the property designated as a common landscaped
are~ 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 documen: is applicable.
"Lots" mean~ :ne numbered lots ~s shown on the plat which ~ attached as
E.
"Owner" means ~.he record owner, "whether by foreclosure or otherwise) of
fee sim~le ~itle to any =pt.
~'. "PrOperty" means ~.~e real property described above.
ARTICLE II
Association: Creation, ~eM~r~jp~ Bylaws
Section 1, 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.
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.
ARTICLE III
Use and Manaoement of Common Areas
Section !. Each owner shall have the nonexclusive 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 ~ue. 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.
ARTICkE IV
~_j~hts 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 obligations within th~"L'!z{~) days after receipt by the Association of
written notice from the City stating the nature and extent of the Association's
failure to mainLain common areas.
Section 2.
assessments.
Section 3.
Upon assuming th~ maintenance obligation, the City may collect all
When the City assumes the maintenance obligation, the City shall
nave 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
Outies to maintain the common areas when it presents to the City substantial evidence
of its willingness mhd ability to resume its maintenance obligations.
ART ICLE V
Duration
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 C~mission may by resolution ~ileU in the Deed Records terminate this
agreement if the Council finds ~hysical conditions of the property and the
~urrounUing area have substantially change: ~o warran~ the termination of this
agreement. The Mayor shall give notice to each owner not less than ten (lO) days
before the date set for the Planning and Zoning Commission hearing and the City
Council hearing by depositing the notice property adUressed and postage paid in the
United States Post Office to each owner as the ownership appears on the last approveU
City Tax Roll.
EXECUTED ON THIS
day of , lg .
JUL 1~ ~ 16:09 P.6/6
ACKNOWI. EDGEM~NTS
Article 6602, V.A.C.S., enumerates the persons before whom acknowledgements of
proofs may be mane.
(1) Si n)])_e~A,.c..knowledi]ement
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 is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
19
Given under my hand and seal of office on this
day of _ _ =
Notary P~-61ic in 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 coproration; ~5own to me to be the person whose
name is' subscribed to ~ 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.
lg
Given under my hand and seal of office on this
day of .... ,
Notary Publi'c in and
County, Texas