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Vlgs of C P3/FP-CS 910311THE BROOKS COMPANIES NORTH CEN IIkAL EXP~E%WAY, DAL~^S, TEXAS 75231 March 11, 1991 .,-k F I P T C, I I'q ,kT~ P C', '_ Re: Final Pla; Villag~ of Coppell, Phase HI Th~nk yc;~: for yo~r rc~i:w of the plat on the above refer,:r~,c.ed subdivision. com,.nittee's ccmmcnt~: _La. le~sponae :o a) In ae,:t~.~anee with the Ci$~'s. gubdkiqion Ordinanca, ~t lea~ 50% of one side cf ~hc atrcatur¢ m'~t be t~ce f~t ~om ,he ~ide lot hne. Per the unffom building ~de, nc, ~,.: irs al!o~ed m walls ~t~ t~ f~t of thc propcr~ ~ne, therefore the wails ~5thin ti,.,e feet _~ the lot a~ v411 not cvntain window~. ~e homo ~e not tree mro~ but ute bulk a~ "~ro,.' l~e ten-Coot ::ainage easeme~t~ ns ~ha~ have 811 bee:~, approved by Ci~ staff to addr~s your earlier imam. ~c Cky has recurred: 'iivi% screen" along Deforms Road. LMng screen mate:4al i~ to Be plaid ~bere th:re ale gaps in the n:tural foliage and maline tree line which currently ~.inng Deform: Road. l:[: CJ3' }-:a~ ~pcc,fi~ 5--gallon pho,ma~ on ~-foot c~ntor~ to be Named along this area. ~e Pl=n~g aha ~ning ~mmission mcommcnd~ aguimt a wall and approv~ thc as a screening method preDrable re ~. wall Z this location. A ~py of thc approved pl.an is encMsed. Enclosed is a letter ~ort: fire project en~neer statkxg :hit the floodway limi~ shom~: meet ex, ed CiB, of Copp¢li Ordin=~. to c c. ,..,.,:,s~. ,eh, ~tSth the 5?icals sho~ Jn the detail q~e traris[orm¢r ~ad easements all appear ' r ..... ;~' "Typicai T. U. Electric Compally ~asemehis. 'Ihere are ioeations of T. U. easements where E.cctric ~o Dc certain sbu, th,. ~¢ca.ic n:of th' = ,. " ' : '~ * of homes ol drivcwaD, Ms. Czarnecld - Page 2 Mamh ! 1, 1991 ~/1 iu~ tcpre~seated on [h¢ ph~t ~m "~ro." 7. ~though h~t 10i3 i~ not a ~i~l lot due to the mmtmin~ of the s~ ~guration, there is adequat~ p~d ama fo~ comtmction of ~ home. d~tat,. Please mntact me if ~ou have any I hope. your ~mmen~ have b~n addr~ in ad~uate ' ' ~aher qu~tions. Vice President BDT:djj D()N A ~[' I PTON I NO. THE BROOKS COMPANIES 8800 NORTH CENTRAL ~XPRE$SWA'f, SUITE 330 DALLAS, TEXAS 751.31 (214) ?$0~525 Marct~ 11, 1991 Ann Czarnecki, Axchiteetural Review Co6rdinstor Lake~ of Copp¢ll Owaem' Assooiation 4~35 LBJ Freeway, Suite 600, LB 50 Dalla&, TK 75244 Re: Pmal Plat VilI,g~-~ of CoppelI, Phaae. IV Dear Aah: Thank you for your review c;' the plat on the above reference~ subdivision. In response to thc committee's c,,2mments: a) In accordance with the Civ,/'s SubdMsion Ordinm'}oe, a~ leas~. 50% of one side of the structure mu.~t be tlw¢~ fe~t iron the side lot Ik~e. Per the uniform building code, no wmdows are ::dlowwt in walls witl:~t~ three feet of the property Linc, therefore thc walls within three, feet of the lot line will not contain window*. The homca are not true zero.~ but are built as "zeros." b) The resulting thi¢e-fo~t side yard be.c. om=, a use easement to :he adjacent lot. The ten.root drainage easements as shown have alt been approved by City staff to address your earlier concern. The City has requested a "living screen" along Deforest Road. Living screen mate6al is to be placed where there are gap~ in the natural foliage and mature tree line which currently exists along Defor~t Road. Tho City ha~ ~peeified 5qallon photinias on 5-foot c, ent,r~ to be planted along this area. The Planning and Zoning Commission recommended against a wall and approved this as a sc~eenir,.'g method preferable to a wall in this location. A copy of the approved plan i~ enclosed, The transformer pad easements all appear to be consistent with the typicals shown in the detail "Typical T. U, Electric C, omp~n¥ Easements." 2~nere are locations of T. U. casomcnts where underground electric lines are mn that w/il not have tr~,.ns£ermer pad eas~ment~ a~ no transformers will be placed there. We have been diligeatly working with City staff and T. U. Electric to be certain that the. location of the easements will not interfere with construction cf hom~ or drivewa>,. M~, Czame~ki - Page 2 March 11, 1991 There is no common area includ~.d as part of ~his plat on which to eon~truc.t an), scmening. Tnr~ alley is ~ufficicnt diet,ncc f~'um the boundary of thc city park to alt~atc thc n~cl for any ~cre~ning in this lo~aticm. I hope yuur eomm~nU have be.~n add~e.~se, d itl adequate detail, Plea~ con. tact me if you have any further clue~tions. Vice President CC PPELL Marc-/~- 4, 1991 Denton Creek Joint Venture I~'. Ed TOOle c/o The Brooks Ccmpanies 8800 N. Central Exp~3., Suite 330 Dallas, Texa~ 75231 Re: Villages of Coppell III Dear [~.-. Toole: ~% Tuesday, February 26, 1991 ~ the Architectural Review Cc~ittee of the Lakes of Coppell Owners' Ass~2iation re.~iev.~d your recent s~ittal of a site plan for the Villages of c~ppeli, Phase III. The plan was not reviewed at the regularly-scheduled formal meeting on February 21, 1991, due to the fact it was not sut~itted prior to the suk~ission deadline. The Committee denied the plan due to the n~erous outstanding issues. Their cc~ents are as follows: I. a) What kind o£ houseplans will be used on these lots, e.g. true zero's or plates with openings on both sides? b) Who will get to use the 3-foot sideyards, i.e., how will they ~ fenced? (See note $3 on 5/'22/90 letter attached). Because o~ the 3/7 arrangements sho%a~, the O~m%ittee's ~pression is that it will in fact be a true "zero" lot subdivision. This would be acceptable if sideyards total 10-feet. The ARC considers it unaccgptable an~ suDstandard to have openings on the 3-foot side in the 3/7 arrangement, leaving 3-foot sideyard spaces. (7-feet is ok, but. not if the other side is only 3-feet.) if they are not true zero's m~/or h~{e openings on bot~% sides, t2%en they should have 5-£~ot minimum sideyards on both sides, in which case fences could be placed on t~e property lines. 2. Ten-foot drainage easements are still being shown, rather than twenty-feet. (See note ~i on 5/22/90 letter attached). 3. No wall is shown between the alley and DeForest Road. This is not an acceptable -solution. (Please see cc~x~ent ~2 in the 5/22/90 letter at t ad~ed) . i Heritug¢ Sqt,:~r¢ i ~r~35 LB:, Smtc 60©, [.B 50 ' ,'~d'-- Texas 75244 ' (gl4) 934-040,0 ~. ~d 3/4/91 Page 2 Please provide evidence that the floodway limits shown meet or exceed City of Coppell ordinances. (See cc~%%ent ~4 in 5/22/90 letter attached · The trtnsformer easements are not always cx)nsistent with the ",l~ical T.U. Eas~aent" on the upper right corner of the plat. The plat should show each easement on each lot where applicable. 6. %s lot 38/D a "zero" or centered lot? 7. Is lot 10/B buildable for a centered home? The lOt configuration appears to make this difficult. Thank you for your c~ooperati°n with the architectural review process. If y~u have any questions, please don't hesitate to call. sincerely, Ann M. Czarnecki Ard]itectural Review Coordinator Attachment AMC:jb COP?ELL May 22, 1990 Denton Creek Joint Venture c/o The Brooks Companies 8800 N. Central Expwy., Suite 330 Dallas, Texas 75231 Attn~ Ed T~ole Re: Villages of Coppeil III Preliminary site plan The Architectural Revi-~w C~ttee of the Lakes of Coppell ~ers' Association met on Thursday, May 17, i990. At this meeting, the committee reviewed ~ur recent site plan s~:mittal for -~he villages of coppell III located in the Lakes of Coppell. The Cc~ttee's C~iT~nts are as follows: 1. It is our ur~er~tanding that the City .of Coppel! require-~ a 20-foot drainage easement, rather than 10-feet, as indicated, please confirm this as ~3~is could severely impact the plan. 2. DUe to the poor alley-to-street relations~ip along DeFOreSt Rd., the Cc~x~ittee sees the need for a screen fence; however, if a screen wall is constructed, the D~veloper is hereby on notice that the Lakes of COppell Owners' Association has no intention to maintain it. The Ccm~tittee w~uld otherwise rec~m~nd that the lots backing to DeForest be changed to front-entry lots, if possible. ' 3. Note ~2 on the plat is nou clear. Please clarify the intent of this: i.e., whether ~_he sideyard set-backs will be 3'/7~ or 5'/5', or other, please ~ukmit a typical lot lay-out plan for representative lot types. 4. Please provide a letter fr~m the project Developer or engineer verifyi,ng that the noted floodway limits meet or exceed the City of Coppell $ floodplain ordinance. 5. unless required by the City o~ Coppell, the alley opening on to Allen Rd. should be eliminated. P~ 2 Based on the numerous ec~ents and concerr~ of the Cc~nittee, the site plan was t~bled at ~.his time. Please forward responses to these as soon as possible to expedite approval of t_he plan. Thank you for your cooperation with the architectural review process. have any q~estior%s, please contact me at your c~nvenience. If you Sincerely, ~" ~'.?! .' 'i/~ ,~ , ?, ~ · ." #f I ! ~ M. Cz~ecki ~it~~ R~i~ C~ina~r AMC:ih 0[- COPPELL March 4, 1991 Iona Properties F~. Ed Toole, c/o The Brooks Companies 8800 N. Central Expwy., Suite 330 Dallas, Texas 75231 Re: Villages of Coppeli IV Dear Mr. Toole: On Tuesday, February 26, 1991, ghe Architectural Review C~m]mittee of the Lakes of COppell Owners' Association reviewed your re¢~nt sulx~ittal of a revised site plan for the Vlllages of Coppell, Phase IV. The plan was not reviewed at the regularly-schedu/ed formal meeting on FeDruary 21, 1991, due to the fact that it was not su~itted prior to the su~nission deadline. The Cc~amittee denied the plan due to the numerous outstanding issues. Their cC~T~ents are as follows: a) What kind of houseplans will be used on these lots, e.g. true zero s or plans with openings on both sides? b) Who will get to ,~se the 3-foot sideyards, i.e., how will they be fenced? (See note ~4 on 5/21/90 letter attached). Because of the 3/7 arrangements shown, the Cc[{~mittee's impression is that it will in fact be a true "zero" lot subdivision. would be acceptable if sideyards total 10-feet. The ARC considers it unacceptable and substandard to have openings on the 3-fOOt side in the 3/7 arrang~ent, leaving 3-foot sideyard spaces. (7-£eet is ok, but not if the other side is only 3-feet.) If t~%ey are not true zero's and/or have openi,~]s on both sides, then ~hey should have 5-foot minimu~ sideyards on both sides, in w~%ich case fences could be placed on the property lines. 2. Ten-foot drainage easements are still being shown, rather twenty-feet. (See note ~1 on 5/21/90 letter attached). 3. No wall i~ shown between the alley ~%d DeForest Road. This is not an acceptable solution. (Please see comment #3 in ~he 5/21/90 letter attached) · Square i · 4535 LBJ. Su,te 600, LP, $0 ° Da!las. Texa~ 75244 · (214) 9 ]4-0400 3/1/91 page 2 Thank you for your coo~ration with the architectural review proceBs. have tony questions, please don't hesitate to call. The transformer easements are not always consistent with the T.U. Easement" on the upper right corner of the plat. The plat s~ould show each e~ement on each lot where applicable. How will the greenbelt/c~nmon access a~-ea to the park be treated, i.e., will there be screening of the alley in the area visible from the park, behir~ lots 12 & 13, Block .A? ~f you Sincerely, Ann M. Czarnecki Architectural Review Coordinator May 21, 1990 COPPELL Iona Propertie~ c/o The Brooks Ccmpaniez 8800 N. Central Expwy., Sui~-e 330 Dallas, Texas 75231 Attn: Ed Toole Re: villages of Coppell preliminary site plan The Architectural Revi'-~w Cc~ttee of ~e L~es of c~ll ~ers' ~ciation ~ on Th~ay, ~my 17, 1990. At ~i~ ~ti~, ~e ~ittee revi~ r~ent site pl~ s~tt~ for ~e vill~es of C~ll ~ l~at~ in ~e L~es of ~11. T~e C~itt~'s ~nts ~e ~ !. It is o~ ~e~t~i~ ~at ~e City of C~ll r~ires a 20-f~ drain~e eas~nt, ra~er ~ 10-f~t, ~ i~icat~. Please ~nfi~ ~is ~ ~is ~d severely ~ct ~e pl~. 2. ~ts 3-13 of Bl~k A s~d exte~ to ~e re~ ~o~y line. l~e access, ~his ~ition i~ ace~t~le at ~t 14 o~y. ~sO, ~d ~e ~ e~nt ~ ret~at~ to ~he rear ~o~y line at the~ l~s? 3. Due to ~e ~r ~ley-~s~t relatio~hip ~o~ DeForest ~., the C~ttee se~s uhe ne~ for a s~n fence; h~er, if a s~een w~l is ~truct~5 the ~elo~r is her~y on notice ~at ~e L~es of co~ll ~ers ~iation h~ no i~ten~ion %o ~in%ain i~. C~tt~ ~d ~e~iSe r~~ ~at ~e lo~s backi~ to ~Fores~ ~ ~~ ~o ~ont-ent~ lots, i~ ~ssible. 4. ~te %2 on ~.e plat is n~ cle~. plebe cl~i~ ~he intent off this; i.e., ~%ether ~e sideyard set-b~ will ~ 3'/7' or 5'/5', or o~er. A t~ic~ lot layout pl~ sho~d ~ s~i%t~ for fepresenta~ lye lot 5. The C~itt~ ~estion~ ~e build~ility of ~ts 11 & 12, Bl~k A, ~e drain~e e~nt ~re widen~ to 20-feet (s~ c~nt ~1). ~, ~t 15 loses mu~ build,lc ~ea to ~e r~ius c~e on the ~ley. Regarding Block C: There appears to be a ~ignificant loss of buildable area due to cut-off corner at the alley by Lot 16. Lots 4,5 - Is t.here adequate ~c~ving width for (alley) driveway access? Lots 4,5,16 - Do these lots ~rk in terms of alley driveway service? Based on the numerous Ca~T~nts and coDcern~ of the Cc~mittee, the site plan was ta~led at this time. Please forward responses to these as soon as possible to expedite approval of t. he plan. Thank you for pour cgoperation with the armhitectural r~view process. If you h~;e ~ny questior~, please ¢ontac~ m~ at your convenience. Sincerely, · ~., .."~ .~ .., ~ 1, ,.' ,f./.,/'~- .... An~ M. Czarnecki Arc~.itec~ural Review Coordinator AMC: jb DEC:LARAT I C~q OF COVE]'-~JTS, C:QxD I T f ONS AFB RESTR I CT I C~!S V ILLAC~S CF COFFELL DIIvENSIC~IBROOKS C~TION ("Developer") hereinafter cat Declarant and Develccer, is the owner in fee simple of certain rea prccerty situated in Dallas, Texas, as ~re particularly described in Exhibit "A" as attached hereto and rna:Is a part hereof, It is the intent of the aforesaid Declarant to develop the real property as herein ~T~ove described (Exhibit "A") in a planned developrrmnt consisting of 118 residential lots, For the purpose of enhancing and protecting the value, attraotivenss and desir~--~,ility of the residential units constituting such development, Declarant hereby d~lares that all of the real property described above and each part thereof shall be developed as a planned development and shall be held, sold and conveyed only subject to the following easerrmnts, covenants, conditions and restrictions which shall constitute covenants running with the !and and shall be binding on all parties having any right, title or interest in the above described property, or any part thereof, their heirs, successors and assigns, and shall inure to the benef t of e~oh owner thereof. tt is the intent of the aforesaid Declarant that in .~ddit~on to the property described in Exhibit "A" which is now a part of the planned development, there is Additional Property which is described in Exhibit "8" which is not now submitted to this Declaration, but which may in accordance with the provisions of this Declaration be annexed in phases, or in whole, and n-c~de a part of the prcc, erty submitted to this Declaration, the reference to that property at this tir~ does not and shall r~t submit it to this Declaration or the oovenants~ conditions or restrictions which will consist of the prccerty not submitted to this Declaration. ARTICLE I, DEFINITIONS Section 1. "Assc~ition" - shall rrman and refer to Villages of Coppell Association, Ino0, its successors and assigns. Section 2. following: a) c,~n use and enjoyrr~nt of the residential lot owners; "Corr¢~n El errants" - includes within ts ~aning all real prccerty owned by the assc~lation for which is the the not Vi l ages of C¢¢pell Declaration of Covenants,,,. September 16, 1985 included in the legal descriptions conveyed by the Dec arant to such individual lot owners~ (as per plat fixed in the pub io record of Dallas County, attached hereto and n~de a part hereof)~ b) the property and installations requ red for the furnishing of utilities and other services to ~re than one residential lot owner or to the c¢¢~mon elements, ¢) tangible personal property required for the maintenance and operation of the Assc~iation even though owned by the Association0 Section 3. "Declarant" shall mean Di~:nsion/Brooks Corporation, its successors and assigns, provided such successors or assigns acquire rr~re than one undeveloped lot from Dec, larant for the Durpose of development, Section 4, "Declaration" - shall mean and refer to the D~;taration of Covenants, Conditions and Restrictions, applicable to the planned unit development and recorded in the Public Re~ords of Dallas County~ Texas. Section 5, "Lot" - shall mean the legal ~tes and bounds description of a residential lot, ~-~2tion 6. "lvlaintenanoe" - shall mean the exercise of reasonable care to keep pc~l, landscaping, lighting, roads, tennis ¢ourts~ lakes~ surfact water n~n~:j~r~nt system and other related improvements and fixtures in a condition c~roarable to their original cor~itions, hornet wear and tear excepted, 14aintenance of landscaping shall further mean the exercise of general accepted garden Management practices necessary to promote a healthy environment for reasonable plant growth, The Association sh~ll have the sole responsibility of maintaining all ¢~r¢on elements owned by the Association, subject however, to the individual residential lot owners maintain ng any portion of the limited oorrtaon lot they own, Section 7 - "~::¢~er" shall mean every person or eat ty who holds ~-~rr~ership in the Association, .Section 8 - "lv~ortgage" shall mean a mortg~:je or a deed of trust, Section 9 - "lVlortgag_ee" - shall n~an a holder of a mortg~:Je or a beneficiary, under a holder of a deed of trust, Villages of Coppell Declaration of Covenants,,,, Sc--l:,t~nber 16, 1985 · Section 10 - "Owner" shall n~an the record owner whether one or ~re persons or entities of a fee simple title to any lot which is a part of the planned development but shall not include those holding title n~rely as security for perforn~nce of an obligation. Section 11 - "Planned Unit Development" - shall mean and refer to that certain real property desoribecl in Exhibit "A" which is now submitted to this Declaration and any Additional property which may bec:orre subject to the conditions hereof by amendments filled in accordance with the Declaration, Section 13, "Developer" - shall ~an and refer to Dimension/Brooks Corporation, its successors and assigns, provided such successors or assigns acquire ~re than one unbdeveloped from Declarant for the purpose of development, ARTICLE II, IvI~4B~IP AND ASSOC. IATION~ VOTING RIGHTS Seo. tion 1: Every owner of a lot shall be a member of the Association; membership shall be appurtenant to and of a lot, -~tion 2: The affairs of the Ass~:iation shall be managed by a Board of Directors, The first Board of Directors shall consist of three (3) Directors, and thereafter, the membership of the Board shall consist of not ~re that five (5) Dir~2tors, The developer shall have the right to designate the merFbership of the initial Board of Directors, Lot owners other tl'~an the Developer will be allowed to elect the majority of the merr~ers of the Board of Directors, and thus Assc.~iation at whichever of the following shall first Six (6) months after the Developer has sold and conveyed ninety (90) percent of the lots; b) When the Developer has sold some of the lots ar~ none of the other ors are held by the Developer for sale in the ordinary course of bus ness, Section 3: The Assoc:iation shall have two classes of voting rr,~rrbers as follows: a) CLASS A Class A merrbers shall be all owners with the exception of Declarant, and ~hall be entitled to one vote for eao. h lot o~ned, ~hen rr~re than one person holds an interest in any lot, all control the a) Vi I lages of Coppet I Delsarat ion of Covenants, Page 4 Sel:,terr~er 16, 1985 such persons shall be members. The vote for each unit shall be exercised as such merrbers may determine among themselves, but in no event shall more than one vote be cast with respect to any lot owned by Class A mecr~ers. b> CLASS B: The Class B member shall be the Declarant, who shall be entitled to three (3) votes for e~::h lot owned, The Class B n~bership shall cease and be converted to Class A membership at whichever shall first occur in S~otion 2 a) and b) above0 ARTICI_E II10 Section 1 - Lien and personal obligation of assessments Delsarant hereby covenants for eaJh lot within the planned development and each owner of a lot is hereby deemed to covenant by acceptance of his deed for such lot, whether or not it shall be so expressed in his deed, to pay to the Association (a) annual assessments and (b) special assessments for capital improvements, Such assessn~nts will be established and collected as hereinafter provided. The annual and spec:iai assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and a continuing lien on each tot against which such as assessment is made, Each such assessrFent, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person or persons who owned the lot at the tire the assessn~nt fell due, ~JRPOSE C~A~CJAL ASSE~TS Section 2: The annual assessn'~nts levied by the Association shall be used exclusively to promote the health, safety, welfare and recreation of the residents in the planned development, and for the in'prov~rent and ~nintenanse of the oorrcnon elements situated within the planned developrr~nt, Annual assissments shall include, and the Association shall acquire and pay for out of the funds derived from annual assessments, the following: a) N18intenanoe and rc--l~air of the corr¢~n el errants, b) Water, sewer, garbage, eleatriaal, lighting, telephone, gas and other necessary utility service for the oorrrr~n el errants, Vi'llages of Coppell Declaration of Covenants P-~je 5 September lB, 1985 c) Acquisition of furnishings and equipment for the common el errants as rn~y be determined by the Association, including without limitation, all equipment, furnishings, and personally necessary or proper for use of the recreational facilities. d) Maintenance and repair of parking areas, sufaoe water rr, anagement system, lakes, storm drains, recreational building, pool, recreational areas and roads and the water lines of the planned development, excluding any area dedicated to the county, e) Fire insurance covering the full insurable replacement value of the c,_-~arnon el en-~nts with extended coverage, f) Liability insurance insuring the Association against any and all liability to the public, to any owner, or to the invitees or tenants of any owner arising out of their o:cupation and/or use of the oorrrr~n elemr~nts. The policy limits shall be set by the Board of Directors and shall be reviewed at least annually and increased or decreased in the discretion of the Board of Directors, g) Worker's compensation insurance to the extent necessary to corroty with Texas Statutes, and any other insurance deems=ti necessary by the Board of Director, h) Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations~ insurance, taxes, or assessrr~nts which the Association is required to secure or pay pursuant to the terms of this Declaration or by law, or which shall be necessary or proper in the opinion of the Board of Directors of the Association for the operation of the common el ements~ for the benefit of lot owners, or for the enforcement of these restrictions, i) A stand fidelity bond covering all ~.err~,ers of the Board of Directors of the Association and all other employees of the Association in an ~r~unt to be determinecl by the Board of Directors° j) Managerr, ent entities and salaries, MAX I~ AIXIaJAL ASSE~T Section 3, a) Until such time as there has been constructed and conveyed to purchasers il8 lots located within Exhibit "A", the n~ximum annual assessment shall be per lot, or per month per lot, S~--~terrber 16~ 1985 Villages of Coppell Declaration of Covenants.... Page ¢ b) From and after , the ~ximum annual assessment may be inoreasecl each year but not more than fifteen (15) percent over and above the previous year without a vote of the L-W=~EC I AL_ A~TS FOR CAP I TAL I IvI:R:::tOVEIvENTS .Section 4: In addition to the annual assessments authorized above, the Association n~y levy in an assessment year a special assessn~nt for the purpose of defraying in whole or in part the cost of any construction, reconstruction, repair or replacement of a capital i~¢rovement on the corn-non elements, including fixtures and personal property related thereto, Any such assessrent must be approved by a majority vote of the rnernbers constituting a quor~n at the ~r~--~eting, NOTICE AhD Q~ FOR ACTION AUTHORIZED ~EB SECTIONS 3 & 4 Section 5, Written notice of any ~,eeting called for the purpose of taking any nation authorizeed by Sections 3 (b) and 4 shall be sent to all ~-=¢~t~ers not less than fifteen (15) nor more than. thirty (30) days in advance of such meeting, A quorum for the transaction of business at any Association meeting shall constitute the number of ~errbers representing a ~jority of the then outstanding voting shares, and the Ass~:iation members present at any meeting with less than a quorum may adjourn the meeting to a future time, t~41FOF¢4 RATE OF AS..~E.SSt4B'4T E~-~tion 6: Both annual and special assessments must be fixed at a uniform rate for all lots, CL-~vlvENC~qT ~ CQIFCTION OF AI~I~LIAL ASSEE~T Section : The assessments provided for herein shall ¢~nmence as to enah lot on the first day of the month following the conveyance of the lot to an owner~ except that no lot shall be or become subject to the assessment until a certificate of o~cupancy has been issued by the appropriate local government authority authorizing completion of said lot, No lot shall be or become subject to or required to pay the assessrent~ provided for hereunder until such tire as it has been conveyed by the developer to the owner, The first annual assessment shall be adjusted according to the number of months remaining in the Vi ll~_es of Coppell Declaration of Covenants,.,, P. age 7 calendar year, The Board of Directors shall fix the amount of the annual assessn~nt ~cjainst e~c:h lot at least thirty (30) days in advance of the due date thereof and shall fix the dates such a'nounts b~r~ due, Assessments shall be ~:le payable in advance ether rr~nthly or quarterly as designated by the Board of Directors, Wr tten notice of the annual assessments shall be sent to every owner subject thereto, The Association shall, on demand, for a reasonable charge, furnish a certificate signed by an officer of the Assooiatior, setting forth whether the assessments z~gainst the specific lot have been paid, .and rr~y, in their discretion, Records of Dallas County, Texas, of that date, cause to be recorded in the Public a list of delinquent assessments as EFFECT cji= NOhPAYMENT C~ ASSE~TS - ~IES O~ TFE ASL=~CIATION Section 8: Any assessment not paid within thirty (30) days after the due date shall be deerr~-~:l in default and shall bear interest fr~n the due date at the rate of eighteen (18) percent, The Association, acting through its Board of Directors, ~y bring action at law against the owner personally obligated to pay the same, or may foreclose the lien against the prc¢erty, Nc owner ~y waive or otherwise escape liability of the assessments provided for herein by non-use of the con'~'~n elements or abandonment of his lot, ~JB~INATION ~ A~~T LIEDq TO IvlC~TGAC~ES S~.2tion 9, The assessment lien provided for herein shall be subordinated to the lien of any first mortgage, A sale or transfer of any lot shall not affect the assessrr~nt lien, however, the sale or transfer of any lot pursuant to a ~rtg~_ue foreslosure or any pr,z.se6~ding n leu thereof Bhall extinguish the assessment lien as to payn'~nts wh ch beo,~'~ ,due prior to such sale or transfer, [.~ sale or transfer shal relieve such a lot from liability for an assessment thereafter become due or from the lien thereof, ARTICLE IV: ~TY RIGHT C~)f'.E3R'S F__AS~34ENTS OF ENJOYlVENT Section 1: Every owner of a lot shall have a right and easement of enjoyment in and to the oonYnon elements w~3ich shall be Vi l.~_~es of Coppel I Deo. lmrmt ion of Covenmnts,,,, P.age 8 September 16~ 1985 appurtenant to and shall pass with the title to such lot, the following rights of the Assc.~iation: .2) The right to suspend the right to uae subject to o f common effective unless rr~--~e r s ~g. res ing rc-~orded, f~2itities and the voting rights of any owner for peric4s during which assessments against his lot remain unpaidt and the right, after hearing by the Board of Directors to suspend such rights for a period until such time as assessments are paid in full, b) The right to dedicate or transfer ail or any part of the corrrnon elerr~nts to any muni¢ipalityt public agency~ authority or utility for such purposes and subject to such conditions as n~y be ~2reed upon by the rnernbers. No such dedication or transfer shall be an instrument executed by two-third~ (2/3) of the to such dedication~ or transfer~ has been duly c) The right of the Association, in accordance with its Artic:les and By-Laws~ to borrow money for the purpose of irroroving the o~r~n el~nents and fec:ilitiea and in aid thereof to mortgage said prc,perty~ .and the rights of such ~rtgage in said properties shall be subordinate to the rights of the O~ners hereunder, d) The rights where designated in this Declaration or ~ndrr~nts thereto of such C~ners to use parking spaces located in the D~ EGAT I ON OF LD.~IE E~otion 2: Subject to such limitations as n~y be imposed by the By-L.~a each owner rr~y delegate his right to enjoyment in and to the o~¢n~n elerr~nts and f.~c:_:ilities to the rner~,er~ of his f~mily~ his gue~t~ tenants 8nd invitees, OTFER EASEtcENTS ~tion 9~ a) Easerr~nts for installation and n~aintenanoe of utilities .and drainage f~=ilities as are required for the planned development shall be granted by Declarant and joint in if required, by the Asa¢~iation, ~ithin these easen~nts~ r~ struoturea¢ planting or other rr~terials shall be placed or permitted to r~in which may damage or interfere with the installation and ~intenance of utilities~ or which Vi'l lacjes of Coppel I Deolarat ion of Covenants,.,. P.~D_ e 9 September rr~ny d~r~cje, interfere with, or change the direction of flow of drainage fac:iiities in the eas6cnents. b) No dwell ng unit or other structure of any kind shall be built, er~::t~d or ~ ntained on any such easemr~nt, reservation or right of way, and such easer~nts, reservations and rights of way shalt, at all tin~s, be open and accessible to public and private utility corporations, their erroloyees and contractors, and shall also be open and accessible to Declarant, its successors and assigns, all of whom shall have the right and privilege of doing whatever ~y be necessary in, on, under and above such locations to carry out any of the purposes for which such easemr~ents, reservations and rights of way are reserved, RIGHT OF ENTRY ~ection 4= The Assc~iation, through its duly authorized errcloyees and contractors, will have the right after reeasonable notice to the owners thereof, to enter any lot at any reasonable hour on any day to perform such maintenance as may be authorized herein. PARTITI~4 E~eotion 5: elem~nts, nor There shall be no judicial partition of the shall Declarant or any owner or any other person acquiring any interest in the planned development or any part thereof, seek judicial partition thereof. However, nothing contained herein shall be construed to prevent judicial partition of any lot owned in co-tenancy, EASE~'4TS FOR E~ROACFf4~4TS ~,otion 7: All the property as heretofore described in the attached Exhibit "A" and all the lots and the o~rcnon el emr~nts shall be and are singly and collectively subject to easerr~nts for encroachments which now or hereafter exist or o¢,~e into being~ caused by settlement or rr~ve~r~nt of the building or other ircrovemrents upon the property, which encroacha~nts shall be permitted to rerr~in undistributed and such easements shall and do exist and shall continue as valid easen-~nts so long as such encro~chn~nts exist, A valid easement for the rr~intenance of such encroaohn~nts is herein created so long as such encroachments stand, Vill.~_es of Coppell Dm~lmration of Covenants,, R.~_~e 10 ..Gc~ternl:,er 16, 1985 ARTICLE V, LL:UE RESTRICTIONS LOT RESTRICTION Sec:rich 1: hb lot shall be used for other than as residence, nor shall any unit ever be constructed on the common el errents, except that Developer reserves the right for itself, or its ag_eats to use any lot for sale and display purposes° No business of any kind shall be conducted on any lot unless approved by the Assoc:iation, CC.~ ~ IF'bENTS RESTRICTIONS Sec:tion 2:: No industry, business, trade, occupation or profession of any kind shall be conducted, ~intained or permitted on any part of nor visable freer, the Corrmon El err~nts~ nor shall any "For Sale" or "For Rent" signs or any window display advertising be maintained or permitted on any part of the Common Et~nents, Developer reserves the right for itself~ or its ~gents, to place "For "For Rent", or any other signs on any part of the Cczr~on Elements and to use any part of the Common El~r~nts, for sale or display purposes, OBSTRLC:TIC~N Section 3: There shall be no obstruction of the Ccxcn~n El eh'eats except as specifically provided herein, nor shall anything bed stored in the Con'¢~n El er rents without the prior consent of the Association; provided, however, that Devel,_~er rr~y store construction material on the Corrcnon Elements when necessary in connection with the development of the planned development, PETS S~otion 4: No animals of any kind shall be raised, bred, or kc--ct in the C~n El~nents, Any pet causing or creating a nuisance or unreasonable disturbance shall be permanently removed from the planned develc¢ff~nt upon three (3) days written notice frc~ the Assc~:iation to the Owner of the lot containing such pet, FI=EESC. RIBED ACTIVITIES Section 5: No nuisance, obnoxious or offensive activity shall be carried on in the Ccxnmon Elements nor shall anything be done therein, either willfully or negligently~ which may be or beo~ne an annoyance or nuisance to the Owners or c~¢upants of the planned development. Vi I lages of Coppel I Deolarat ion of Covenants, Page 1 1 Septer~er 1G, 1985 STRUCTLF-¢I_ I ~A I RM~T · Sect ion G: Nothing shal I be done in, Elements which would impair the structural integrity of any or structure lc~ated thereon, UNS I ~TLY L~ES Sect ion 7: or other articles on or to the Con~a~n building clothes, sheets, blankets~ laundry of any kind shall be hung out on a portion of the Common Elerr~nts, nor shall it be bong out on any lot where it is visible from the Corr~Tz>n Elements or another lot, The Common Elements shall be kept free and clear of all rubbish, debris and other unsightly materials and no waste shall be committed therein, REliVeS Section 8-' Nothing shall be altered or constructed in~ or rerr~:,ved frorr, the Common Elements except upon the written consent of the Board, VEH I CLES .Section 9: No trailer, corrcnercial-type van (van designed to transport goods), boat, boat trailer, rr~tor homes~ pick-up truck or other non-passenger private automc/oi le or corm'~roial vehicle may be park~-I on the Core, on Elements, except that comrneroial vehicles may rr~ke de I i vet i es, TV ANTEh~IAS Section 10: No lot owner shall install any exterior TV antenna upon any unit, RLLIES A~ RIE~T I ~ '._~-~t ion 1 1: The Board shal I ~::lopt such other rules and re, g_ulations from time to tirr, e governing the use and enjoyment of the Cor.¥~',~n Element[ a~ the Board in it~ ~ole di~e. retion deem~ appropriate or necessary, The initial ~et of rule~ and'regulation~ are ~et forth in Exhibit" ", attaC:hed hereto and incorporated herein, ASSC(:: I AT I ON C~4TF--CJL Seo. tion 12: The undersigned shall retain control of the Assc*c_:iation until all of the oonter~¢,l.-~ted in~prover,',~nts have been oon'¢leted and as provides in Article II, Section 8 or until such tirr,~ as the undersigned elects to terminate its control of the Assocition, Vi I lag. es of Cccpel I Deolarat ion of Covenants, Pnge 12 September 16, 1985 whichever shall first occur. During such period, the undersigned hms the sote right to art,end this Declaration of Covenants and Restrictions without requirement of the joinder of any lot owner, SIGNS Section 13: No sign of any kind shall be displayed on a lot which is visible from the Corccnon Elermmnts or visible from another lot without the prior written consent of the Association, This provision shall not be ~opliomble to Deolmrant who may nr~intain signs for prorr,ot i onnl purposes, ARTIC!E VI. OWhER'S OBLIGATION TO REPAIR Each owner shall, at his sole cost and expense, repair his lot, keeping the smrne in a condition oorromrable to the condition at the time of its initial oonstruotion~ excepting only normal wear and tear. ARTICLE VII. OV,NER'S OBLIGATION TO FtlEBUILD If all or any part of a residence is dnrr~nged or destroyed by fire or other casualty~ it shall be the duty of the owner thereof wi th all due diligence to rebuild or repair ec, d re~:onstruct such residence in a n~nner which will substantially restore it to its appemrnnoe and condition irrrr~:limtely prior to the cmsumlty. Reconstruction shmll be undertaken within three (3) months after the darm~ge occurs and shall be c,:~-r¢leted within six (6) r~:,nths after the dmmmge occurs, unless prevented by onuses beyond the control of the owner or c~ners, ARTICLE VIll P_XTER I OR lvtA I NTENANCE In the event an owner of may lot in the property shall fail to rr~intain the premises and the improverr, ents situated thereon in rr~anner satisfao, tory to the Board of Directors, the Association, after approval of two-thirds (2/3) vote of the Board of Direotors~ shall have the right, through its agents and er~loyees, to enter unto smid pmrcel and to repair~ n~aintain~ mnd restore the unit and the exterior of the bui Iding and any other irrc, rovements erected thereon, The cost of such exterior rr~intennnoe shall be added to and become part of the assessrr~nt to which such unit is subject,