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.