Vistas of C P2B/FP-CS 980212NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
AT[ORNEY$ & COUN-qF.,LORS AT LAW
1500 LINCOLN PLAZA
~00 NORTH AKARD
DALLAS, TEXAS 7S201
(214) 965-9900
~'Ax (214) 965-0010
February12,1998
JOI~N F. ROENM II!
J,OON C. MAI~KALL
J. D/,vm D0~ m
O~ COU~SlEL
VIA FACSIMILE//(972)643-6809
AND FIRST CLASS MAIL
Ms. Linda Signer
Centex Homes
Southwest Regional Office
9441 LBJ Freeway
Suke 504
Dallas, Texaz 75243
RE: Declaration of Covenants, Conditions and Restrictions for Vistas of Coppell
Dear Ms. Signer:
Please be advised that we have reviewed the Declaration of Covenants,
Conditions and Restrictions for Vistas of Coppell, an addition to the City of Coppell,
Texas. ARea' reviewing the same, we have the following comments:
We submit the definition under Section 1.4:
"'Common Areas' will mcan that portion of the 'Property,' as defined
herein, including any improvements thereon, conveyed to the Association
free and clear of any monetary encumbrance for the common use and
benefits of the owners and/or as designated as such areas on the filed 'Plat'
of the Vistas of Coppell."
In addition, we submit the definition under Section 1.5:
"'Common Maintenance Areas' will mean Common Areas, as defined
herein and as depicted on the Plat as defined herein, in any area within the
public right of way, easements, public or private, drainage ways, creeks
and streams, improved or unimproved, that thc Board of Directors have
agreed to maintain pursuant to the covenant to share costs or which the
Board of Directors of the Association deems necessary or appropriate to
maintain for the common benefit of the members."
Ms. Linda Signer
February 12, 1998
Page 2
The major change and issue that we would like to address is the provisions under
Section 4.2 concerning the drainage ditch area. It is my impression that the drainage
ditch is part of an unplatted piece of property and is currently subject to a request for
zoning before the City of Coppell. I believe this is designated as Phase 2C by Centex
Homes. It appears that this drainage area, which was Ccntex's original desire to dedicate
to thc City for use as a public park. However, that offer was declined by the Leisure
Services Department, Hence, it is important ~to acco~]nt for the future maintenance of the
drainage area as Common Area. It occurred to me that it would be more prudent to leave
Section 4.2 out and upon final platting of the Phase 2C, the drainage ditch area shall bc
properly designated as a Common Area within the terms and conditions of the deed
restrictions, as well as on the Plat and Map thereof which is offered for approval to the
City. This would eliminate what I feel is awkward language concerning the drainage
ditch area and leave Centex Homes or its partner the responsibility to maintain the
drainage ditch until such time as Phase 2C is platted and developed.
Otherwise, we find that we have no negative comments concerning thc rest and
remainder of the deed restrictions. We would ask that you please make the suggested
changes of Section 1.4 and 1.5 as well as the elimination of Section 4.2 at your earliest
conve~tienc¢.
If you should have any questions or need additional information, please feel free
to contact me. Thank you for your attention to this matter.
Sincerely,
NICHOLS, JAC~S.ON, DILLARD,
By: c.~--" - - ' /
Robert E. Hager
REH/slp
cc: Ms. Isabelle Moro
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
16036
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