Loading...
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