Vlg at CC S4/FP-CS 920727LINDA $~I~/ZLL
July 27, 1992
THE NELSON CORPORATION
PLANNING * ~.NGINE~ING · SURVEYING
LANDSCAPE ARCHrI'ECIWJRE · CONSTRUCTION MANAGEMENT
5999 SUMMERSIDE DRIV~ * SUITE ~0~
DALLAS, TEXAS
(il4)
FAX (~14)
Mr. ~ Sieb
Director of pl~nn{n§ and Community Development
City of Coppell
2~ Parkway Boulevard
Coppell, Texas 7~019
BRIAN MARCUS, P.E., R.P.L.S.
PV. ESIDgNT
CRAIG T. CURP, Y
~ ~ PmID~qT
Vill~e of Cottonwood Creek IV
NC292005
Dear Mr. Sieb:
Please find enclosed an executed Homeowners Agreement for the above referenced development.
We have changed the notification period in this agreement from ten (10) days to thirty (30) days
in order to allow adequate time to perform any maintenance obligations that the City of Coppell
may find to be deficient.
We are continuing to work on the Covenants, Conditions, and Restrictions for this property, and
we will keep you informed as to our progress. Please call if you require any additional
information.
Sincerely,
-~ON CORPORATION
,Jim Sowe~,i Consrruction_C.q..,.._In~_~c .... is the owner of
S~qr'.',;: ex~s, being oescribed ce the 2lot attac~e~ here;o aec .~afle a p~rc herec, f an~
~ So~-~2 Const~oction Co JD_~ wan;s t¢ es~a~'isn reasonable
owlpg res%r'ic;~ons are ~,ace~ or, eve-y lot one are ma~ a :art ¢~ every Ceec.
~:~,~n.. ~,'ow;ng .,'"cs, when used in this statemen; of restrictions ~.::
~'~ es~ ;ne c~..text ~nal~ clearly indicate otherwise~ have the following
~ .~S~ o¢ i a= ~ on" ~ ~ n s the Vi~ at Cot~on~ C~k IV
'-. ',i~ ' ~': :~ 50{ ~g,7 ~Or,,
..... ~.Q.~..mon are~" ',-~?ens e~l of the proper~y designateC as e common l~r, osca~eo
-'~ c-~.. ~q~ ~l~ mrt~che~ ~s "ExhiDi% A" and includes ali screening walls
''~' CU~,'!'~'~ Ri[~.~, a~joining .'.he subdivision for which this documen
_.r. zl/'~ ~ .~s means :ne numbere~ ~ots as shown on the
ARTiCLE~!I
Association: Crea~ion~ Membership~ ,B~laws
P. 3...'"6
ec~oq i The Association sh~ll be fOrme~ as a non-profit corpora%ion in
~ccorc~nce wiith ne laws of ~he St~e of Texa~.
,Sectio:~ 2. All owners shall automatically become members of the Association.
~ember~ ~i¢~i~ the Association is limite0 to t~e owners,
5ecti(~ 3. The Association may adopt by-laws that reasonably regulate the
organization~and operation of t~e Association.
~: ~;~ ARTICLE III
~. , Use aha Man~e~e__~...n: of Common Areas
~ection) I, Each owner shall have the nonexclusive rtg~t of enjo~ent an0 use
of thj comJ~[ areas. This ri ght is an easement an~ passes with the title to every
~;~ection 2. The Association shall maintain, reoair, and restore alt common
areas.:~ The Association shall levy an assessment upon each lot on a pro rata basis
for al cos:~s}connecteO with the maintenance o6 the common areas,
:;: ection}~3. Each assessment is the personal obligation of the owner of each lot
at th~ time ~hen the a~sessment is Uue. The a~e~ment together with interest anO
co 1 ction incluUing reasonable attorney's fees sh~ll be a lien on the lot
and on alt i~rovements on the lot.
ARTICLE IV
R_~hts of the City
The City shall have the right, to perform the maintenance
,,;ect ior/ 1.
obiigj ions Of the Association i¢ the Association fails to reasonably perform its
ma',rite ante{' l~9a--~,~ns, and the Association fails to reasonably perform its
m~nten ~ce
· .,,- itt en Pt i c
It S. :~
ri g~t
faii ure
s
have ti
:~ema nd s,
suit, ~i
F'. 4"6
tgations within th~-1~(30) clays after receipt by the Association of
from the City stating the qq-ature" and extent of the Association's
rain common areas,
Upon assuming the maintenance o:ligation, the City may collect ~ll
ity
When the City assumes the maintenance oDiigation, the C snail
of access to m~intain the common area~. The Association shall
a~j hold the City harmless from any and all costs, expenses, suits,
!Ja~i~!~'~r~" ities, Oamages, or otherwise incluOing attorney's fees and costs of
connection with the City maintaining the common areas.
etlon i4. When the City assumes the maintenance obligation, the Association
shall
mainten
duties
of its
,;
succeS!
the ac
Deed R,
Zoning
a~ree~
SU~rO
?pt co iect any assessments, an~ shall have no authority to perform
ce~)ligations. The Association may collect assessments an: resume
~lin~
.rain the common areas when it presents to the City suDstantl~i evidence
ness and ability t~ resume its maintenance o~ligations,
A~, ~L~
Our."ti on
i "%' ,wen,y-~i ve
.~ct oe'~.. These restriction~ shall ~e binding for a perio~ of
a~s f~:om t~e date of this agreement and shall automatically ~e extende~ for
ive te~ (!0) year periods unless a ~itten instrument vacating or mooi~yin~
eemen~is signed by the Mayor an~ all owners, and fii,d in the
:ord~t the owners' expense.
ection:~ 2. The Coppell City Council after recommendation by t~e Piannin~
C~mi~sion~ m~y by resolution *~le~ in the DeeO RecorCs terminate :his
nt ~:: the Council finds physical conditions of tn~ property ~nd the
ng area nave substantially changed ~o warrant the termination
agreen
before
Counc
United
C~ty ~
It. ~he Mayor shall give notice to each owner not less than ten (10} Oays
the {ate set for %he Planning anti Zoning Commission hearing tnct the City
hearlng by Oepositlng the notice property actclressed anU postage paid in =he
State~ Post Office to each owner as tiqe ownership appears on the last approved
x RollI.
ON TM;S J/_ Gay of
~wner
~UL 14 '.9;:' 10:45
ACKNOWLEDGE~E. NT$
P. 6/6
A.-tic3e :6602, V,A,C.S., enumerates the persons before whom acknowledgements of
proofs )nay be made.
THE STATE OF TEXAS
COUNTY i~OFD '~
(1) Single Acknowl~dQement
~fore me, the undersigned authority, on this day personally appeared
?;- ,~ , known to me to be the person whose name is subscribed to
the ")o~egoing;'(nstrument, and acknowledged to me that he executed the same for the
purposes and Consideration therein expressed.
G,iven under my hand and seal of office on this__day of ,
iiotary Public-i'n and for
County, Texas
(2) Corporat~ AcknoWledgement
THE ST
[XAS
name
capet i
!~e, the undersigned authority, on this day personally appeared ~
, a co ; known to me to be the pars'on whose
going instrument, and acknowledged to me that he
same for the purposes and consideration therein expressed, in the
~in stated and as the act and deed of said corporation.
)der my hand and seal of office on this.qlSTdaY of
County, Texas