Vistas of C P2C/FP-CS 980213NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
ROBERT L. DILLARD III
ROBERT E. HAGER
PETER G. SMITH
DAVID M.BERMAN
BRUCE A. STOCKARD
ATrORNEYS & COUNSELORS AT LAWr
1800 LINCOLN PLAZA
500 NORTH AKARD
DALLAS, TEXAS 75201
(214) 965-9900
FAX (214) 965-0010
February 13, 1998
DICTATED BUT NOT READ
Ms. Isabelle Moro
Planning and Zoning Coordinator
City of Coppell
P. O. Box 478
Coppell, Texas 75019
VIA FACSIMILE #(972)304-3570
AND FIRST CLASS MAIL
Centex Declaration of Covenants, Conditions and Restrictions for Vistas of
Coppell
Dear Isabelle:
Please be advised that I have reviewed the Centex Declaration of Covenants,
Conditions and Restrictions for Vistas of Coppell. Please refer to my letter dated
February 12, 1998, a copy of which has been previously provided to you. Assuming
Centex made the changes I requested and that are red-lined on the copy which is attached
hereto, we approve the Declaration of Covenants, Conditions and Restrictions for Vistas
of Coppell as required by the subdivision ordinance.
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, JACKSON, DILLARD,
HAGER & sM1T'~.L.P. /'
By: .?
Robert E. Hager
REH/slp
Enclosure
cc: Ms. Linda Signer VIA FACSIMILE #(972)643-6809
02/13/98 13:13 '~972 843 6809 CENTEX SW REGION ~002/005
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
VISTAS OF COPPELL
THIS DECLARA~ON O1; COVENANTS, CONDITIONS AND RESTRICTIONS (the
"Declaration") is made on the date hereinafter set forth by CENTEX HOMES, a Nevada general
partnership, hereinafter re/erred re, as the "Declarant."
WITNESSETH
WHEREAS, Declarant owns certain real property in Dallas County, Texas, described on Exhibit .
atlached hereto; and
WHEREAS, Declarant desires to create an exclusive planned community known as VISTAS
OF COPPELL on the land described on Exhibit "A," and such other land as may be added thereto
pursuant to the terms and provisic us of this Declaration;
NOW TWFIREFORE, D,:clarant declares that the Property (as hereinafter defined) will be held,
sold and conveyed subject to the restrictions, covenan'~s and conditions declared below, which will be
deemed to be covenants running with the land and imposed on and intended to benefit and burden each
Lot (as hereinafter defined) and o~her portions of the Property in order lo maintain within the Property a
planned community of high stani ards. Such covenants will be binding on all parties having any right,
title or interest therein or any part thereof, their respective heirs, personal representatives, successors and
assigns, and will inure to the benefit of each Owner (as hereinafter defined) thereof.
ARTICLE I
DEFINITIONS
Section 1.1. "Associa'!ion" will mean Vistas of Coppeli Homeowners Association, Inc., a
Tex~ nonprofit corporation es'tab tished for the purposes set forth herein.
Section 1.2 "Builder" will mean Centex Homes and any other residential building company
acquiring Lo~s from the Declaran! for the purpose of construction and sale of homes.
Section 1.3. "City" will mean the City of Coppell, Dallas County, Texas.
Section 1.4 "Commen Areas" will mean that portion of the Property, including any
improvements thereon, conveyed to the Association free and clear of monetary encumbrances {'other than
taxes and ~ssessments. includint, without limitation, assessments re. la.ted to any municipal districts, rural
districts., utility., districts and/or rely qn~si-ffovelnmental districts or any other district created pursuant to
Texas law) :for the common use and/or b-benefit of the OwnersL and/or that oro~:v desilznated as
"common area" on a plat recordei, a~ains!.the Property or a p0rtio~l thereof.
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Section 1.S "Common Mnintennnce Areas" will mean the Common Areas, if any, and any
areas within public rights-of-way, easements (public and private), public parks, private streets, drainage
ways, creeks and streams (imoroved or unimvroved) or landscaping that ~h: L3e:r~ cf D-.'.-e~c~ cf the
p.:-~c!:~en h-~ :~:c~ *.: --n-.~m~: p~u~: t~ ~ cc':~?~? t: :h:.'-~ .... - ........ the Board of Directors
of the Association deems necess~ y or appropriate to maintain for the common benefit of the members.
Section 1.6 "Declarant" will mean Centex Homes and its successors and assigns who are
designated as such in writing bF Declarant, and who consent in writing to assume the duties and
obligations of the Declarant with respect to the Lots acquired by such successor or assign.
Section 1.? "Deelsrnfion" wig mean this Declaration of Covenants, Conditions and
Restrictions for Vistas of Coppeil, and any amendments and supplements thereto made in accordance
with its terms.
Section 1.8. "Creek/Drzinago D"-°*,~.~ Are~" will mean that certain wash, .c~'eek and/o.r [.
d~ainage area d".:ch and related area as described in Exhibit "C_~,hzd" at~ached hereto and as
1
modified by Declarant pursuant re, Section 4.2 herein.
Section 1.9 "Lot" v411 mean any of the plots of land indicated upon the recorded
subdivision map of the Property or any part thereof creating single-family homesites, but only if the plot
of land has in place an infrastructure (including utilities and streets) necessary to allow construction of a
single family home. Common ,t,rea and areas deeded to a governmental authority or utility, together
with all improvements thereon, will not be included as part of a Lot.
Section 1.10 "Owner" will mean the record owner, whether one or more persons or entities,
of fee simple title to any Lot, incl ading contract sellers, but excluding those having an interest merely as
security for the performance of an obligation.
Section IAI "Plat" will mean collectively (when appticable) the Final Plats of Vistas of
Coppell as itemized below:
(a) Vistas of Coppell, Phase lA, recorded, or to be recorded, in the Plat
Records of Dallas Count', Texas;
(b) Vistas of Coppell, Phase 2A, recorded, or to be recorded, in the Plat
Records of Dallas Countl.', Texas;
(e) Wistas of Coppell, Phase lB, recorded, or to be recorded, in the Plat
Records of Dallas CounV..t, Texas;
(d) ~[istas of Coppell, Phase 2B, recorded, or to be recorded, in the Plat
Records of Dallas Count/, Texas; and
(e) 'listas of Coppell, Phase 2C, recorded, or to be recorded, in the Plat
Records of Dallas Count;.~, Texas.
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fund and the exclusive fight and cbligation to perform the functions of the Board of Directors, except as
otherwise provided herein.
.Section 3.4 Maintem~nce Contracts and Cove-2nts to Share Costs. The Board of
Directors, on behalf of the Assc ciation, will have full power and authority to contract or enter into
covenants to share costs with any Owner or other person or entity for thc performance by the Association
of services which the Board of Directors is not otherwise required to perform pursuant to the terms
hereof, such contracts or covenmtts to share costs to be upon such terms and conditions and for such
consideration as the Board of Directors may deem proper, advisable and in the best interest of the
Association.
Section 3.5 Mnintem~nce of Common Area~ and/or Common 1VIalntenance Areas by the
City, of Coooelh Should the A ssociation or its Board of Directors fail or refuse to maintain such
Common Areas and/or Common Maintenance Areas to City specificalions for an um'easonable time, not
to exceed 90 days a~r written request to do so, the City of Coppelt, by and through a majority of its City
Council members, will have the s~ane right, power and authority as is herein given to the Association and
its Board of Directors to 'enforce these covenants and levy assessments necessary to maintain the
Common Areas and/or the Comraon Maintenance Areas as described herein. It is understood that in
such event, the City of Coppell, Texas, through its Cily Council, may elect to exercise the rights and
powers of the Association or i~s Board of Directors, to the extent necessary to take any action required
and levy any assessment that th,' Association might have, either in the name of the Association, or
otherwise, to cover the cost of maintenance of said Common Areas and/or Common Maintenance Areas.
ARTICI~ IV
TITLE TO COMMON AREAS
Section 4.1 Associstlon to Hold. The Association will own all Common Areas in fee
simple and assume all maintemnce obligarious with respect to any Common Areas which may be
hereafter established. Nothing c<~ntained herein will create an obligation on the part of Declarant to
establish any Common Areas. Any owner of property within the Property, including any property that is
annexed into thc Property (includ: ag, but not limited to, the Drainage Ditch Area), with thc permission of
Declarant, may convey such prop.,-rty to thc Association. The Association shall accept and maintain such
property for the benefit oi' its members, subject to any restrictions set forth in the deed or other
instrument transferring such prop,~:y to the Association.
Section 4.2 Creek/D,ninaRe ~h-Are~. AS of the date of this Declaration, the exact
location of the Cree _k!Drainag¢ ~,,~-Area is uncertain, because thc real property on both side's of the
Creek/Drainage Dish Area is not platted. Therefore, Declarant hereby reserves the right to modify the
description o£the Creek/Draina§~: 97_h Area (increase or decrease the size of the Creek/Drainage ~
Area) in order to facilitate the p' attint of the real property on both sides of thc Cree ..l</.Drainage Dil;h
Area. Declarant shall have the ril~t to convey the Creek/Drainage 9'.'~ Area to the Association at any
time; provided, however, the cor~veyance shall occur no later than thirty (30) days after final plats for
both sides of the Creek/Drainage Dash-Area arc filed in th~ public land records. The Association shall
be obligated to accept the conv~.rauce of the Creek/Drainage 9:+-:h Area in its then cunm~t condition.
The C~-eek/Drainage 9!~':-h Area is intended for the control of ~..-m..water (including part of the runoff
from the Propea-~) and is not ill~encled as a recreational feature of The Vistas of Coppell, nor is it
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intended as an aesthetic amenity. The Creek/Drainage DP, ch ,Area shall be maintained (in substantially
its current condition) by Declaran': until Declarant's conveyance of the Cree ..k/Drainage ~Area to the
Association. Thereafter, the C__meldDrainag¢ t;~,tst~Area shall be maintained by &e Association as
Common Area. lqotwithstandhg, the foregoing, Declarant resets, es the right to voluntarily make
improvements to the Crc .ek/Dr~dnage [~it~¥-Area, but in no event shall Declarant's mmporary
maintenance responsibility include the obligation to malc~ any improvements to the Crc .ek/Drainage
Ditch Area. !xlotwithsta=ding =,ty provision herein, Declarant reserves the risht w IFant easements
and/or to dedicate or convey the Creek/Drainage Ditch-Area or any portion thereof to governmental
authorities or districts for purposes of roads, s~rmwater draina§e control and/or utilities.
~ Liability. !nsarance. From and alter the date on which title to any Common
Area vests in the Association, th,-~ Association will purchase and carry a general comprehensive public
liability insurance policy for the t.enei=it of the Association and its members, covering occurrences on the
Common Areas. The policy limits will be as determined by the Board of Directors. The Association-
will use its best efforts to see thli ~uch policy will contain, it' available, cross-liability endorsements or
other appropriate provisions for the benefit of members, the Board of Directors, and the management
company rets!ned by the Associ~:ion (if any), insuri~ each ~t liability to each other insured as well
as third parties. Any proceeds of insurance policies owned by the Association will be received, held in a
segregated account and distribub;d to the Association's general operating accomlt, members, Board of
Directors, management company and other insureds, as their interests may be determined.
Section 4.4 Condemas_.g.o. ll, In the event of condemnation or a sale in lieu thereof of all or
any portion of the Common A.-eas, the funds payable with respect thereto will be payable to the
Association and will be used by the Association to purchase additional Common Areas to replace that
which has been condemned or to take whatever steps it deems reasonably necessary to repair or correct
any damage suffered as a result of the condemnation. If the Board of Directors determines that the funds
caunot be used in such a msnne~ due to the lack of available land for additional Common Areas or for
whatever reason, any remainin§ t'auds may be distribu~d to each Owner on a pro rata basis.
ARTICI .I~, V
ARCHITECTURAL REVIEW
Section5.1 Architeclars] Control Committee.. A committee to be known as the
Architectural Col~trol Committe~ (the "ACC") will be established cons~g of 3 members.
(it) 'the members of the ACC will be appointed, terminated and/or replaced
by the Declarant so Ionic as there/s Class B membership. Thereafter the members of the ACC
will be appointed, termk.ated and/or replaced by the Board of Directors.
(b) 't'he purpose of the ACC is to enforce the architectural standards of the
community and to approce or disapprove plans for improvements proposed for the Lots.
(c) 'the ACC will act by simple majority vote, and will have the authority to
delegate its duties or lo retain the services of a professional ensinecr, architect, designer,
inspector or other persor to assist in the performance o£its duties.
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