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Vistas of C P3/FP-CS 990426ROBERT L. DILLARD Ill ROBERT E. HAGER PETER G. SMITH DAVID M. BERMAN NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214) 965-9900 Fax (214) 965-0010 E-mail NJDHS@NJDHS.com J. DAVID DODO) III CHRISTOPHER O. LIVINGS5 t UN-- ROBERT L. DILLARD, JR. H. LOUIS NICHOLS LAWRENCE W. JACKSON OF COUNSEL April 26, 1999 Ms. Isabelle Moro Planning and Zoning Coordinator City of Coppell P. O. Box 478 Coppell, Texas 75019 RE: Annexation and Amendment to Declaration of Covenants, Conditions and Restrictions for Vistas of Coppell Dear Ms. Moro: Please be advised that we have reviewed the proposed annexation and amendmem to the Declaration of Covenants for Vistas of Coppell in reference to the creek/drainage area contained in Exhibit C to the Declaration. Please be advised assuming that Centex Homes is still in control and the Homeowner's Association and the property description accurately reflects the creek/drainage area, it is our opinion that the annexation and amendment document would purport to incorporate those areas in the original Homeowner's Association responsibilities for maintenance. Assuming that these two conditions are met, we would be in a position to approve the document which have forwarded to us for review. 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, By: _ E./ :~obert E. Hager/ff REH/cdb 25612 TO: IRE; TEL CENTEX HDF4ES Isabella Moro City of Coppell CC: Denise Starkey Robbia Poole Vistas of Coppeil - Annexation of Phase 3 DATE: April 15, 1999 Donald R. Westfall Dallas/Fort Worth Region OffiGe 2800 ~urveyor Ca~TulffOIt, Texas 75006 (972) d17.356'2 Tel, (972) 417-D44B Fax III Accompanying this fax is a draft document that annexes and subjects Vistas of Coppell - Phase 3 to the Declaration of Covenants, Conditions and Restrictions for Vistas of Coppell. If the annexation document is acceptable, we will record the document after the plat is recorded. After you have reviewed the document, please call me at (972) 417-0365. Thanks for your assistance, '2 lfi'99tFRll lI;57 G NTE DiV TE :972 417 0448 P, O02 ANNEXATION AND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VISTAS OF COPPELL This Annexation and Amendment to the Declaration of Covenants, Conditions and Restrictions for of Coppell (the "Annexation"), is mede on the date hereinafter set forth by Centex Homes, a Nevada general partnershil3 (the "Declarant"). WITNESSETH WHEREAS, a certain Instrument entitled Declaration of Covenants, Conditions, and Restrictions for Vistas of Coppell was recorded on March 5, 1998, as File No. 61805 in the Real Proper~y Records of Dallas County, Texas (the "CC&Ra"); WHEREAS, Declarant desires to modify the legal description of the Creek/Drainage Area (as defined in the Declaration) pursuant to the provisions of Section 4.2 of the Original CC&Rs; WHEREAS, Section 12.1 of the Original CC&Rs provides that Declarant has the right to annex additional real property within the scheme of the Declaration, such additional real property being the real property defined In the Declaration as the "Additional Property" and described therein; WHEREAS, Declarant desires to annex the real property described in lExhibit 1 attacl~ed hereto (the "Annexed Property") into the Vistas of Coppell Homeowners Association, Inc, and to subject the Annexed Property to the terms and conditions of the CC&Rs; WHEREAS, Declarant is the owner of the Annexed Property; and WHEREAS. the Annexed Property is a portion of the Additional Property which is permlttecJ to be annexed into the CC&Rs. ANNEXATION AND AMENDMENT. The Declarant hereby annexes the Annexed Property into the CC&Rs for the purpose of subjecting the Annexed Property to the CC&Rs, and the Annexed Property is hereby subject to all of the rights, privileges, duties, and liabilities of the CC&Rs. This annexation shall be effective upon the recordation of this Annexation In the office of the County Clerk of Dallas County, Texas, 2. Pursuan, to Sectkon 4.2 o1' the Original CC&Rs, the legal descriptLon of the Cree?.Drai.nage.Area' contained on Exhibit "C" of the Declaration is hereby modified and such legal descr~pbon Is replaced with the legal description contained on Extljbit 2 attached hereto. ~3 Except as specifically amended herein the CC&Rs shall remain and continue in full force and effect, . ANNEXATION - PA6E 1 -16'99(FRI) 14;57 GENTEX HOMES LGL DIV TEE:972 417 P, 00~ DECLARANT: CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation its managing general partner '::Date: ,1999 By: Name: Title: STATE OF TEXAS COUNTY OF This Instrumenl was acknowledged before me on lhis day of April, 1999, by (personally known to me), of Centex Real Estate Corporation, a Nevada corporation, on behalf of the corporation In its capacity as managing general partner of Centex Homes a Nevada general partnership, Notary Public, State of Texas Notar/s prlnted name: My Commission expires: ANNEXATION - PAGE 2 g:~legalVJIvlslonl~.cla[la,~ nOf[11~new coppelLWlXl 9ifFRl) 14:57 GENTEX HOMES UGL DIV TEL:972 4[7 0448 P, O04 EXHIBIT 1 Annexed Property Vistas of Coppell Phase 3, an addition to the City of Coppell, Dallas County, Texas, according to the map or plat thereof, recorded In Volume ., Page of the Plat Recorcls of Dallas, County, Texas. 14:$7 CENTEX HOMES LOL DIV TEL:972 417 0445 ?,005 EXHIBIT 2 Property Comprising the Creak/Drainage Area Lots '1 and 19, Block G; and Lot 15. Block D of Vistas of Coppell Phase 2C. an addition to the City of Coppell. Dallas, County. Texas, accorcllng to the map or plat thereof, recorded in Volume 98188, Page 00084 of the Plat Records of Dallas, County, Texas. Lot 10, Block C; and Lot 20, Block D of Vistas of Coppell Phase 3, an addition to the City of Coppell, Dallas County, Texas. according to the map or plat thereof, recorded in Volume , Page of the Plat Records of Dallas, County, Texas.