Windsor Est/FP-CS 990708ROBERT L. DILLARD III
ROBERT E. HAGER
PETER G. SMITH
DAVID M. BERMAN
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Lay rOCK, no
LAWRENCl
,~HOLS
EHM III
1800 Lincoln Plaza ~ns~4Ao_
500 North Akard oo m
Dallas, Texas 75201 ~=R D. LIVINGSTON
(214) 965-9900
Fax (214) 965-0010 ~ILL~RD, JR.
E-mail NJDHS @NJDHS.corn w. JACKSON
July 8, 1999
Ms. Isabelle Moro
Assistant Plamning Director
Planning Department
City of Coppell
P. O. Box 473
Coppell, Texas 75019
RE: Declaration of Covenants, Conditions and Restrictions for Windsor Estates
Dear Isabelle:
Please be advised that l have reviewed the revised Declaration of Covenants,
Conditions and Restrictions for Windsor Estates as submitted by Coppell Optimum
Assets, L.L.C.
As you are well aware, additional prowsions were provided in a revised document
which has been submitted to us concerning easements regarding surface area, emergency
service road, easement for maintenance, repair of lakes and banks of lakes, Denton Creek
Greenwalk easement, drainage easement, and -wall and landscape easement. It is our
understanding that these easements, as provided in the revised document, are not
necessarily comanon areas which w~u!d requlrc Ci_ty maintenm~ce iri the event that the
Homeowners' Association does not provide for that maintenance. Any easements that
are granted to the City as a result of the platting of this subdivision would of course be
maintained by the City or other public or private entity that has been granted the
easement right-of-way.
One of our caveats to this particular declaration of covenants is the common areas
are defined by an attached Exhibit "B" which has not been provided to us or to our
satisfaction to the City. Furthermore, since these added easements have been called into
existence concerning the subdivision plat it would be beneficial for the definition of
common properties to either include or exclude those easements that are provided in
Article 11, Section 11.01 et seq. to determine whether or not those are being included or
excluded. The City does have, as provided in Section 6.06, the right to enforce
maintenance of common areas or other~vise enforce the covenants with regard to the
27054
Ms. Isabelle Moro
July 8, 1999
Page 2
maintenance of common areas. However, with these easements, this may become
problematic. Therefore, there needs to be clarification on this particular issue.
Upon receiving clarification and/or a definition either including or excluding
those easements, we would be in a position to approve or disapprove of the covenants
subject to the Planning Department's consent.
Very truly yours,
NICHOLS, JACKSON, DILLARD
REH/cdb
27054