Vistas of C P1A/FP-CS 961217(2)FAX COVER SHEET
P. O. Box 4?8
Copp,:ll, Texas '/5019
("14) 462-O022
F~x No. (214) 304-:~,=
PI.£ASE DELIVER THE FOLJ..OWING PAGES TO:
NUMBER OF PAGES (INCLUDING COVER SHEE/):
IF YOU DO NOT RECEIVI~ ALL OF T~I~ PAGES. PLEASE CALL BACK AS SOON AS
POSSIBLE. PLEASE DIAL DIRECT TQ THE PERSON SENDING THIS FAX BY DIALING
THE DIRECT DIAL NUMBEI~ LI~'I'ED. THANK YOU.
DEC 16 '96 15:50 FR NICHOLS JCKSON DLLRD 214 965 ~1~ ~u ~(~Ju~JJf~
~ G. ,SMITH
DAVID M. BEllMAN
NICHOLS, JACI~ON, DILLARD, HAGER & SMITH, EL.P,
1800 IJncoln ~
$00 No~h AY~d
D~lla~, Texas 7~201
(214) ~$-~0
Pax (214) 965-00t0
JENNIFF.~ R. Oielze
I:~3~R'T L. 0~- JR.
H. LOU~ NIC,~m(~.~
VIA FAC SIMILE 972/304-3570
Isabelle Moro
Assistant Planning Director
of Coppen
2S~ Parkway Boulevard
P.O. Box 478
CoPl:~ll, T~x~ 7501~
Decemb~ 16, 1996
Dechtrtttion of Covenants, Condgtions trod Restrictions for Visttts of
Dear IsabeUe:
Pursuant to your request, the undersigned reviewed the Declaration of Covenants,
Conditions and Restrictions for Vistas of Coppell and provide the following comments.
Initially we note that the defirfitlon of common area and common maintenance areas in
Sections 7 and 8, respectively, of the Declaration may be inadequate to describe the common
areas for which the Home Owners Association will ultimately be responsible. The definitions do
not specifically describe any common areas or make reference to the plat for the subdivision. If
any common areas are shown on the plat, the definitions of common area or common maintenance
areas should include the specific prop~7 or make reference to the common areas as shown on
the plat.
Next, we note the Declaration does not contain a provision which grant~ the City the
power and authority given to the Home Owners AMa)clarions and its Board of D/rectors to
enforce the covenants and levy assessments as necessary to maintain the common areas. Sample
provisions to this effect have pr0vid0d to your offic previously and appear in the sample
Home 0~vners Association Agreemeot in the CoPl:~ll Subdivision
Please note that we have not reviewed the use restrictions or other conditions contained
within the Declaration to ensure that the same are consistent with the zonin~n however, the zoning
ordinance for the subject property will control in the event ora conflict.
S$5~52
DEC 16 'gG 15:51 ER NICHOLS JCKSON DLLRD 214 965 0010 TO g723043570 P.0~/0~
Isabell¢ Moro
December 16, 1996
Page -2-
Finally, please review the minutes of the City Council and Planning & Zoning Commission
Meetings to ensure that any conditions which were imposed regarding zoning or plat approval
relative to the declaration of covenants or responsibilities ar~ recited therein. If necessary, we are
available to review th~ same to ensure that any appropriate conditions are al~o contained within
the Declaration of Covenants
Thank you for your attention to this matter. If you imve any questions in this regard,
plcas~ do not heslmte to con. ct me.
very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SM1TH, L.L.P.
POS/rtl
By:
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, I..L.P.
** TOTAL PAGE.03 ~
SUBDIVISION REGULATIONS - CITY OF COPPELL, TEXAS
APPENDIX D - STREETSCAPE PLAN
EXHIBIT A - SAMPLE HOMEOWNERS ASSOCIATION AGREEMENT
ARTICLE V
ASSESSMENTS MAINTENANCE FI. JND AND ASSESSMENT LIENS
Section 5.01 The Association shall possess the right, power, authority, and obligation to
establish an annual assessment sufficient in the judgment of the Board of Directors to pay when
due all charges and expenses related to the operation of the Association. Such annual assessments
so established shall be payable by the Owners on the first day of each calendar year. They shall
be applied to the payment of charges for which the Association is responsible, including, without
limitation, charges relating to maintenance and repair, public liability and other insurance
coverage which is required or permitted to be maintained by the Association, taxes, assessments,
and other governmental impositions not separately levied and assessed, utilities not separately
assessed, professional services (such as accounting and legal), and such other costs and expenses
as may reasonably relate to the proper operation, management, and administration of the
Association. No consent or approval of the Owners shall be required for the establishment of
the annual assessments contemplated by this section.
Dunng initial sales and construction phases, Owners other than the original developer
shall pay a pro rata assessment based upon the balance of the remaining calendar year, to be
calculated starting the month following the date of purchase, with one twelfth (1/12) of the
annual assessment calculated for each remaining month of the calendar year. This pro rata
assessment is due and payable within 30 days from the date of purchase. Thereafter, the
assessments are annual as per this section.
Page 136
Col3pell, Texas 75019
September 11, 1996
P.O. Box 478
Coppell, Texas 75019
214-462-0022
Carter and Burgess
Atm.: Mr. Terry Mitchell
?950 Elmbrook
Suite 250
Dallas, TX 75247-4961
RE: Vistas of Coppell. Phase I. Preliminary_ Plat
Dear Mr. Mitchell:
This letter is to inform you that the Vistas of CoppeH, Phase I, Preliminary Plat, to allow the development of
a 113-lot residential subdivision on 21.78 acres of property' located along the south side of Spur 553, east of
Denton Tap Road; north of Denton Creek, was approved by the Coppell City Council on Tuesday, September
10, 1996, subject to the following condition to be placed on the face of the Final Plat and stated in the
Homeowner Deed Restrictions:
(I) As a part of all executed earnest money contracts, a disclosure letter must be given to first time
home buyers indicating the following information:
~) a. The development is located along the State Highway 121 Bypass.
~- b. Due to the proximity of D/FW and Love Field airports, there may be occurrences of ambient
~'t~ L aircraft noise due to aircraft overflights.
e. The tax impact of the Levee Improvement District.
For your information, Park Fees and the Hike and Bike Trail will be discussed during the Final Plat process.
If you have any questions, please contact me at (214) 304-3675.
~~~SSieb, A.I.C.P.
p?ctor of Planning & Community Services
cc: Isabelle Moro, AICP, P&Z Coordinator
Building Inspection
Coppell, Texas 75019
September 11, 1996
P.O. Box 478
Coppell, Texas 75019
214-462-0022
Carter and Burgess
Attn.: Mr. Terry Mitchell
7950 Elmbrook
Suite 250
Dallas, TX 75247-4961
RE: Vistas of Coppell. Phase H, Preliminary_ Plat
Dear Mr. Mitchell:
This letter is to inform you that the Vistas of Coppell, Phase H, Preliminary Plat, to allow the development
of a 126-1ot residential subdivision on 45.82 acres of property located along the south side of Spur 553, east
of Denton Tap Road; north of Denton Creek, was approved by the Coppell City Council on Tuesday,
September 10, 1996, subject to the following conditions, the first of which is to be placed on the face of the
Final Plat and stated in the Homeowner Deed Restrictions:
1)
2)
As a part of all executed earnest money contracts, a disclosure letter must be given to first time
home buyers indicating the following information:
a. The development is located along the State Highway 121 Bypass.
b. Due to the proximity of D/FW and Love Field airports, there may be occurrences of ambient
aircraft noise due to aircraft overflights.
c. The tax impact of the Levee Improvement District.
Reconfiguration of Lot 17 in order to make it a buildable lot without destroying the existing tree
cover.
For your information, Park Fees and the Hike and Bike Trail will be discussed during the Final Plat process.
If you have any questions, please contact me at (214) 304-3675.
Sincerely,
~.ary t. Sieb, A.I.C.P.
D,..irector of Planning & Community Services
cc: Isabelle Moro, AICP, P&Z Coordinator
Building Inspection