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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. Declaration of Covenants, Conditions snd Restrictions -Pole -1- z:~l~alklfwnorth~ccrs~copp~.wpd (6.! 6. 97) FEB 13 '98 12:31 9?2 643 5809 PAGE.02 02/13/98 13:13 '~972 843 8809 CENTEX SW REGION ~003/005 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. Declaration of Covenants, Conditions iud Restrictions - P~ge - 2 - g;\kgal~fwnorth~acrsl~pell.wpd (6-1 FEB 1~ '98 1~:31 97~ 643 6899 PAGE.aN 02/13/98 13:14 '/~972 843 8809 CENTEX SW REGION ~004/0o5 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 Declaration of Covenint~ Conditions :tnd Restrictions - Page - 8 - 8:~ie~dl~norch~.crslcopp ¢ll.wpd (6-1~-97) FEB 13 '9S 12:32 ~72 $43 ~S09 PAGE.04 °02/[3/98 [3:[4 '~'972 643 6809 CENTEX SW REGION ~ oo5/oo5 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. 1)eelaratlon of Covenants, Conditions and Restrictions- l%ge - 9 - g:~lcgalkifwnor~h\ccrs\coppcii.wixl (6-1 972 643 6889 PAGE.05 FEB 13 '98 12:32 ,