Vlg at CC P6/Re-CS 960424Jim Sowed Company
3131 McKim~y, Suit~ 200
Dallas, Texas 7:5204 - 2471
(214) 8'/1-3320
FAX (214) 871-1620
April 24, 1996
VIA HAND-DELIVERY
Gary L. Sieb
Director of Planning and Community Services
City of Coppell
PO Box 478
Coppell, TX 75019
RE: Village of Cottonwood Creek, Section VI, Replat of Lot 4, Block D
Dear Mr. Sieb:
Please find enclosed a proposed First Amendment to the Declaration of Covenants,
Conditions and Restrictions for the above-referenced subdivision. The Amendment
addresses the rezoning of Lot 4, Block D for recreational uses and incorporates your
conditions listed in your letter dated February 14, 1996, in connection with the
operations of a swimming pool to be situated on the property.
I believe this Amendment satisfies the only remaining issue necessary to complete our
replat process. If this is not correct, I would appreciate your notifying me at your
earliest possible convenience. Otherwise, I will instruct our engineers to proceed with
recordation of the Replat.
Thank you for your assistance and cooperation.
Sincerely,
JIM SOWELL CONSTRUCTION CO., INC.
Kathy Fox ~well
Vice Presid~ht and Legal Counsel
KFP:ss
Enclosure
K:\VACC~Sieb-G-Ltr- 1
FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
VILLAGE AT COTTONWOOD CREEK, SECTION VI, COPPELL, TEXAS
This FIRST AMENDMENT is made this ~ day of , 1996, by JIM SOWELL
CONSTRUCTION CO., INC. ("~l~t"). with respect to that certain Declaration of Covenants, Conditions and
Rmtrictiom for Village at Cottonwood Creek, Section VI, Coppell, Texas, dated November 22, 1995, duly recorded
on December 19, 1995 at Volume 95245, Page 05006, in the Deed Records of Dallas County, Texas (the
RECITALS
A. Reference is hereby made to the Declaration. AH terms defined in the Declaration are used in this
First Amendment with the same meanings.
B. Declarant is the "Declarant' under and as defined in the Declaration. Dedaraut holds 100%of
the outstanding votes of ail Members of the Association, regardless of dams. This First Amendment amends the
Declaration pursuant to the authority set forth in Section 12.2.1 of the Declaration.
C. The Declaration contemplates that certain Recreational Facilities might be made available (on an
exclusive or nonexclusive basis) to the Association and its members. Declarant desires to amend the Declaration
as to Lot 4R, Block D (the 'Recreational Facilities Lot') of the Village of Cottonwood Creek, Section VI, a
subdivision in the City of Coppell, Dallas County, Texas, according to the Final Plat thereof recorded at Volt, me
95036, Page 1867, of the Map Records of Dallas County, Texas, as amended by Replat of Lots 7 through 36, and
45 through 48, Block A, recorded at Volume 95229, Page 1959, of the Map Records of Dallas County, Texas, as
further amended by Replat of LOt 4R, Block D, recorded at Volume , Page , of the Map Records
of Dallas County, Texas, to allow for the possible construction and operation of the Recreational Facilities on such
Lot.
ACCORDINGLY, Declarant, as Declarant and as the holder of 100% of the outstanding votes of all
Members of the Association, regardless of class, hereby agrees to the terms and provisions of this First Amendment
and declares that the Declaration is amended as hereinafter set forth.
AMENDMENTS TO THE DECLARATION
(a) Exenmtion from Assessments, Protective Covenant* n__nd_ Ar~_h,_'t___.,*C~ral Awroval Provisions; ~..
(1) The Declaration'is hereby amended and modified so as to give effect to each of the
following provisions during the "Exemption Period' (as hereinafter defined) and for a six-month period
thereafter (such six-month period commencing to nm only upon delivery by the Association to the owner
of the Recreational Facilities LOt of a written notice correctly stating that the Exemption Period has
terminnted):
(A) The Recreational Facilities Lot shall be deemed to be excluded from the
definition of the term 'LOt' to the extent that such term is used in the Assessment, Protective
Covenant and Architectural Approval Provisions;
FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR VILLAGE AT COTTONWOOD CREEK, SECTION Vl, COPPELL, TEY~.$-- Page 1 of 5
(B) The owner of ~he Recreational Facilities Lot shall be deemed w be excluded from
the definition of the term 'Owner" to the extent that such term is used in the Assessment,
Protective Covenant and Architectural Approval Provisions (except that such exclusion shall not
apply to such owner to the extent that such owner owns any interest in an), other Lot);
(C) Notwithstanding the above exclusions and exemptions related to the Assessment,
Protective Covenant and Architectural Approval Provisions, the owner of the Recreational
Facilities Lot shall be deemed to be an 'Owner", and the Recreational Facilities Lot shall be
deemed to be a "Lot", as each of those terms is used in other provisions of the Declaration; and
(D) The owner of the Recreational Facilities Lot shall be deemed to be excluded from
the definition and use of the term "Member" in all provisions of the Declaration, except that such
owner shall be deemed to be a "Member" under, and shall be entitled to the benefits of, Section
4.1 of Article IV and Section 6.3 of Article VI of the Declaration; provided that the foregoing
exclusion shall not apply to such owner to the extent that such owner owns any interest in any
other Lot.
(2) As used herein, the term "~llillill~l~Ri~' means the period commencing on the date
hereof and continuing for so long thereafter as the Recreational Facilities Lot is zoned by the City of
Coppell for recreational uses.
(3) As used herein, the term "Assessment. Protective Cov~nnt ~d_ Archit___,~,__,ral Anor0vnl
Provisions' means and includes the terms, provisions, covenants, conditions, restrictions, easements,
charges and liens contained in (A) Ahicle V of the Declaration (including without limitation those related
to the payment of Annual Assessments, Special Capital Assessments and Special Individual Assessments),
(B) Section 7.5 of Article VII of the Declaration, (C) Sections 8.2 and 8.3 of Article VIII of the
Declaration, (D) Article IX of the Declaration or (E) Section 10.2 of Article X of the Declaration.
(b) Protective Covenants Aoolicable to Rec _re~__ional Fncil!~ie~ Lot. The Declaration is hereby amended
and modified so as to add the following provisions as Section 8.4 of Article VIII of the Declaration:
8.4 Recreational Facilities Lot - Protective Covennnts. At any time that a swimming pool
is located on the Recreational Facilities Lot, the Recreational Facilities Lot shall be constructed and
operated as follows:
8.4.1 Any swimming pool on the Recreational Facilities Lot shall be enclosed by a
surrounding fence (which enclosed area may or may not include other recreational facilities)=
There shall be a loci~ing mechanism or device at the location of,any gate or door in that fence,
and each gate and door shall be closed and locked during times when the pool is not operational
(being the period after the time that the pool is closed and before the time that the pool is opened
during those months or. seasons thnt the pool is generally operational, and being the entire time
during those months or seasons that the pool is generally not operational).
8.4.2 A pool cover shall be placed over any swimming pool during the months or
seasons that the pool is generally not operational.
8.4.3 A telephone shall be maintained on the Recreational Facilities Lot and available
for use in response to emergency situations.
FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR VILLAGE AT COTI'ONWOOD CREEK, SECTION VI, COPPELL, TEXAS- Page 2 of 5
8.4.4 Neither the provisions of this Section 8.4, nor any violation of these provisions,
shall create or enlarge any duties or liabilities of the Owner of the Recreational Facilities Lot,
other than duties or liabilities necessary in order to comply with these provisions or eliminate any
such violation. Damages sought by, awarded to or recovered by any person or entity in enforcing
this Section 8.4 shall be limited to that amount that is necessary and is used for causing this
Section 8.4 m be complied with or eliminating any violation hereof. A failure m comply with,
or a violation of, this Section 8.4 shall not be deemed to constitute negligence ~er se.
(c) Association's Payment of Costs Associated with the Rec _~_fla~ Facilitle~ Lot, Section 4.3 of
Article IV, Sections 5.2 and 5.5.1 of Article V and Section 6.1 of Article VI of the Declaration are hereby amended
and modified to provide, respectively, that (i) in addition to the various items listed in Section 4.3, the rights and
easements of enjoyment under the Declaration are subject to the Recreational Facilities Documents (as hereinafter
defined), (ii) in addition to the various uses of assessments that are identified in Section 5.2, the assessments levied
by the Association may be used to obtain rights under and perform under the Recreational Facilities Documents,
(iii) in addition to the various purposes for levying a Special Capital Assessment that are identified in Section 5.5.1,
Special Capital Assessments may be assessed for the purpose of obtaining rights under ami performing ullder the
Recreational Facilities Documents and (iv) in addition to the various uses of the maintenance fund(s) that are
identified in Section 6.1, the Board, for the benefit of the Common Properties and the Owners, shall provide, and
shall pay for out of the maintenance fund(s) provided for in Article V of the Declaration, rights of the Association
under and performance by the Association under the Recreational Facilities Documents. As used herein, the term
"Recreational Facilities Docutnen~" means the terms, provision and conditions of any and all documents and
agreements that may exist from time to time and that directly or indirectly relate to the use, ownership,
improvement, operation or maintenance of the Recreational Facilities Lot by the Association or its members,
including without limitation any loan document, purchase document, license document or other document or
agreement (and regardless whether any such d~ment or agreenm~t creates any indebtedness of the Association,
creates any lien or mortgage on Common Properties or allows for the concurrent, nonexclusive use of the
Recreational Facilities by the Association and its members and the owners of lots located in the Village of
Cottonwood Creek, Section Four Addition, an addition to the City of Coppeil, Dallas County, Texas, according to
the Plat thereof recorded at Volume 93039, Page 1542, of the Map Records of Dallas County, Texas, as the same
2. MISCELLANEOUS PROVISIONS
(a) The terms and provisions of the Declaration, as amended and modified by this First Amendment,
shall be and remain subject to all of the general provisions set forth in Article XlI of the Declaration
Co) The terms and provisions of this First Amendment shall modify, and supersede all terms and
provisions of the Declaration that are in irreconcilable conflict herewith, and, except as so modified and superseded
by thi., First Amendment, the terms and provisions of the Declaration are ratified and confirmed and shall continue
in full force and effect. .
(c) Nothing contained in this First Amendment shall obligate the Declarant or any owner of the
Recreational Facilities Lot to actually construct or operate a Recreational Facility or to sell the Recreational
Facilities LOt to the Association.
(d) The headings in this First Amendment are for reference purposes only and shall not in any way
affect the meaning or interpretation of this First Amendment.
FIRST AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR VILLAGE AT COTTONWOOD CREEK, SECTION VI, COPPELL, TEXAS- Page 3 of :5
IN WITNESS WHEREOF, ,rim SOWELL CONSTRUCTION CO., INC., a Texas corporation,
being the Declarant under the Declaration and the holder of 100% of the outstanding votes of all Members of the
Association, regardless of class, has caused this instrument to be executed as of the day of
, 1996.
JIM SOWELL CONSTRUCTION CO., 'INC.
Am~roval of Lienholde[:
Name: St~hen L. Brown
Title: President
COMBINED MASTER R. ETIRI~MBNT TRUST
Title:
Date:
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of , 1996 by Stephen
L. Brown, the President of Jim Sowell Construction Co., Inc., a Texas corporation, on behalf of said corporation.
My Commission F.,xpire~:
Notary Public in and for the State of Texas
Printed/Typed Name:
FIRST AMENDMEi~'T TO
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR VILLAGE AT COTTONWOOD CREEK. SECTION VI, COPPELL, TEXAS- Pa[~ 4 of 5
STATE OF TEXAS
COUNTY OF DALLA~
imuum~t was acimowledgM b~foro
the
, on behalf of said trust.
m~ on thc day of
of Combined Master Retirement
Trust,
by
My Commi~io~ F. xpil~:
Notary Public in aud for the State of Texas
~ Name:
~ AMI~DMBNT TO
DF. CLARATION OF COVF. NANT~, CONDITIONS AND RBSTRICTIONS
FOR VlLLAGE AT COTTONWOOD CP~m~C. SECTION VI, COFPF. LL. TEXAS- Pa~e 5 of 5