Vistas of C P3/PP-CS 980520DECLARATION OF COVENANTS, CONDITIONS AND REt
FOR
VISTAS OF COPPELL
Pg,
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the
"Declaration") is made on the date hereinafter set forth by CENTEX HOMES, a Nevada general
partnership, hereinafter referred to as the "Declarant."
WITNESSETH
WHEREAS, Declarant owns certain real property in Dallas County, Texas, described on Exhibit
"A" attached 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 provisions of this Declaration;
NOW THEREFORE, Declarant declares that the Property (as hereinafter defined) will be held,
sold and conveyed subject to the restrictions, covenants 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 other portions of the Property in order to maintain within the Property a
planned community of high standards. 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 hereinhfter defined) thereof.
ARTICLE I
DEFINITIONS
Section 1.1. "Association" will mean Vistas of Coppell Homeowners Association, Inc., a
Texas nonprofit corporation established for the purposes set forth herein.
Section 1.2 "Builder" will mean Centex Homes and any other residential building company
acquiring Lots from the Declarant 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 "Common 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 assessments, including, without limitation, assessments related to any road utility districts,
levee improvement districts, municipal districts, rural districts, other utility districts and/or any quasi-
governmental districts or any other district created pursuant to Texas law) for the common use and/or
benefit of the Owners and/or that property, designated as "common area" on a plat recorded against the
Property or a portion thereof.
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Section 1.5 "Common Maintenance 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 (improved or unimproved) or landscaping that the Board of Directors of the
Association deems necessary 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 by 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 1.7 "Declaration" will mean this Declaration of Covenants, Conditions and
Restrictions for Vistas of Coppell, and any amendment.s' and supplements thereto made in accordance
with its terms.
Section 1.8 "Creek/Drainage Area" will mean that certain wash, creek and/or drainage
area and related area as described in Exhibit "C" attached hereto and as modified by Declarant pursuant
to Section 4.2 herein.
Section 1.9 "Lot" will 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 Area and areas deeded to a governmental authority or utility, together
with all improvements thereon, will not be included as part ora Lot.
Section 1.10 "Owner" will mean the record owner, whether one or more persons or entities,
of fee simple title to any Lot, including contract sellers, but excluding those having an interest merely as
security for the performance of an obligation.
Section 1.11 "Plat" will mean collectively (when applicable) the Final Plats of Vistas of
Coppell as itemized below:
(a) Vistas of Coppell, Phase IA, recorded, or to be recorded, in the Plat
Records of Dallas County, Texas;
(b) Vistas of Coppell, Phase 2A, recorded, or to be recorded, in the Plat
Records of Dallas County, Texas;
(c) Vistas of Coppell, Phase lB, recorded, or to be recorded, in the Plat
Records of Dallas County, Texas;
(d) Vistas of Coppell, Phase 2B, recorded, or to be recorded, in the Plat
Records of Dallas County, Texas; and
(e) Vistas of Coppell, Phase 2C, recorded, or to be recorded, in the Plat
Records of Dallas County, Texas.
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Section 1.12 "Property" will mean the real property described on Exhibi[ "A," and such
additions thereto as may be brought within the jurisdiction of the Association and be made subject to this
Declaration.
Section 1.13 "Unit" will mean any residential dwelling situated upon any Lot.
ARTICLE II
VISTAS OF COPPELL HOMEOWNERS ASSOCIATION, INC.
Section 2.1 Membership. The Declarant an..d every Owner of a Lot by virtue of ownership
of such Lot will be a member of the Association. Membership will be appurtenant to and will not be
separated from ownership of any Lot. There will be 2 classes of membership: Class A and Class B,
being more particularly described in Section 2.6.
Section 2.2 Funding. Subject to the terms of this Article II, the Declarant for each Lot
owned within the Property hereby covenants, and each Owner of any Lot by acceptance of a deed
therefor, whether or not it will be so expressed in such deed, is deemed to covenant and agrees to pay to
the Association: (a) regular assessments or charges, and (b) special assessments for capital
improvements to the Common Areas, such assessments to be established and collected as hereinafter
provided. Such assessments will remain effective for the full term (and extended term, if applicable) of
the covenants contained herein. The regular and special assessments, together with interest, costs, and
reasonable attorney's fees, will be a charge on the land and will be a continuing lien upon the Lot against
which each such assessment is made. Each such assessment, together with interest, costs and reasonable
attorney's fees, will also be the personal obligation of the person who was the Owner of such property at
the time when the assessment fell due. The personal obligation for delinquent assessments will not pass
to the successors in title of such Owner unless expressly.assumed by them in writing.
Section 2.3 Reeular Assessment or Charffe.
(a) Units Owned by Class A Members. Subject to the terms of this
Article, each improved Lot is hereby subject to an initial maximum maintenance charge of
$30.00 per month (until such maintenance charge will be modified as provided in the By-laws of
the Association), for the purpose of creating a fund to be designated and known as the
"maintenance fund," which maintenance charge and assessment will be paid by the Owner of
each such Lot in advance in monthly, quarterly or annual installments, commencing as to all Lots
on which an occupied Unit is then located on the conveyance of the first Lot to a Class A
member and as to all other Lots as of the occupancy or sale (whichever is earlier) of a Unit
thereon. The regular assessment for unimproved Lots will be one-fourth (1/4) the regular
assessment for improved Lots. A Lot will be deemed to be an "improved Lot" when
construction of a Unit thereon is completed and closing of a sale thereof has taken place, or when
the Unit is occupied as a residence, whichever first occurs. The rate at which each Lot will be
assessed, and whether such assessment will be payable monthly, quarterly or annually, will be
determined by the Board of Directors of Vistas of Coppell Homeowners Association, Inc. (the
"Board of Directors"), at least 30 days in advance of each assessment period. Said rate may be
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adjusted within the limit permitted by the By-laws from time to time by the Bo'ard of Directors
as the needs of the Association may, in the judgment of the Board of Directors, require. The
assessment for each Lot will be uniform except as provided in this Section 2.3. The Association
will, upon written demand and for a reasonable charge, furnish a certificate 'signed by an officer
of the Association setting forth whether or not the assessment has been paid for the assessment
period.
(b) Units on Lots Owned bv Declarant. Notwithstanding the foregoing,
the Declarant and any Builder owning unimproved Lots or Units that are not occupied will pay
assessments at the rate of one-fourth (1/4) the regular maintenance assessment charged to
Owners so long as there is a Class B membership as set forth in Section 2.6, and Declarant
hereby covenants and agrees that if the annual maintenance fund revenues are insufficient to pay
the operating expenses of the Association, it will provide the funds necessary to make up the
deficit within 30 days of receipt of request for payment thereof from the Association, provided
that if the deficit is the result of the failure or refusal of an Owner or Owners to pay their regular
or special maintenance assessments, the Association will diligently pursue all available remedies
against such defaulting Owners, including the immediate institution of litigation to recover the
unpaid assessments, and will reimburse the Declarant the amounts, if any, so collected. In the
alternative, Declarant will have the right to pay full Class A assessments on its Lots' ~vithout
thereby relinquishing its Class B status and will then be excused from the payment of any budget
deficits.
(c) Purposes of Maintenance Fund. The Association will establish a
maintenance fund composed of regular maintenance assessments and will use the proceeds of
such fund in providing for normal, recurring maintenance charges for the Common Maintenance
Areas for the use and benefit of all members of the Association. Such uses and benefits to be
provided by the Association may include, by way of clarification and not limitation, any and all
of the following: normal, recurring maintenance.of the Common Maintenanc~ Areas (including,
but not limited to, mowing, edging, watering, clipping, sweeping, pruning, raking, and otherwise
caring for landscaping) and the improvements to such Common Maintenance Areas, such as
sprinkler systems, provided that the Association will have no obligation (except as expressly
provided hereinafter) to make capital improvements to the Common Maintenance Areas;
perpetual maintenance and enhancement for fences, columns, signage, walls, grounds,
landscaping, lights; payment of all legal and other expenses incurred in connection with the
enforcement of all recorded covenants, restrictions and conditions affecting the property to
which the maintenance fund applies; payment of all reasonable and necessary expenses in
connection with the collection and administration of the maintenance charge and assessment;
employment of policemen and watchmen, if any; caring for vacant Lots; and doing any other
thing or things necessary or desirable in the opinion of the Board of Directors to keep the
Property neat and in good order, or which is considered of general benefi.t to the Owners or
occupants of the Property, it being understood that the judgTnent of the Board of Directors in the
expenditure of said funds and the determination of what constitutes normal, recurring
maintenance will be final and conclusive so long as such judgment is exercised in good faith.
The Association ~vill, in addition, establish and maintain an adequate reserve fund for the
periodic maintenance, repair and replacement of improvements to the Common Maintenance
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Area. The fund will be established and maintained out of regular assessments and, where
applicable, special assessments.
Section 2.4 Non-payment of Assessments; Remedies of the Association. Any assessment
not paid within 10 days after the due date will bear interest from the due date at the highest rate of
interest allowed by Texas laxv, as amended from time to time. The Association will have the authority to
impose late charges to compensate for the administrative and processing costs of late payments on such
terms as it may establish by duly adopted resolutions, and the Association may bring an action at law
against the Owner personally obligated to pay the same, including non-judicial foreclosure, in order to
collect delinquent assessments and any applicable late charges, interest, costs and attorneys' fees. No
Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the
Common Maintenance Area or abandonment of his property.
Section 2.5 Subordinated Lien to Secure Payment. To secure the payment of the
maintenance charge and assessment established hereby and to be levied on individual Lots as above
provided, there is hereby reserved a lien for the benefit of the Association, said lien to be enforceable
through appropriate proceedings at law or in equity by such beneficiary; provided, hoxvever, that each
such lien will be specifically made secondary, subordinate and inferior to all liens, present and future,
given, granted, and created by or at the instance and request of the Owner of any such Lot to secure the
payment of monies advanced or to be advanced on account of the purchase price and/or the improvement
of any such Lot; and further provided that as a condition precedent to any proceeding to enforce such lien
upon any Lot upon which there is an outstanding valid and subsisting first mortgage lien, said
beneficiary will, at the request of such first mortgage lienholder, give the holder of such first mortgage
lien 60 days written notice of such proposed action, such notice to be sent to the last known address of
such first mortgage lienholder by prepaid U.S. registered mail and to contain the statement of the
delinquent maintenance charges upon which the proposed action is based. Upon the request of any such
first mortgage lienholder, said beneficiary will acknowledge in writing its obligation to give the
foregoing notice with respect to the particular property cgvered by such first mortgage lien to the holder
thereof. Sale or transfer of a Lot will not affect the assessment lien. However, the sale or transfer of any
Lot pursuant to mortgage foreclosure will extinguish the lien of such assessment as to payments which
became due prior to such sale or transfer. No sale, foreclosure or transfer will relieve such Lot from
liability for any assessments thereafter becoming due or from the lien thereof. The Association will have
the right to file notices of liens in favor of such Association in the Real Property Records of Dallas
County, Texas. A violation of any of the covenants, conditions and restrictions of this Declaration
(including payment of assessments) will not affect the lien of any mortgage or deed of trust no~v of
record, or which may be placed of record in the future, upon the Lots.
Section 2.6 Votinff Rio. hts. The Association ~vill have two classes of voting membership:
(a) Class A. Class A members will be all Owners, with the exception of
Declarant and any Builder, and ~vill be entitled to 1 vote for each Lot ox~ned. When more than
one person holds an interest in any Lot, all such persons will be members, but the vote for such
Lot will be exercised as they among themselves determine, and in no event ~vill more than 1 vote
be cast with respect to any Lot.
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(b) Class B. The Class B members will be the Declarant ~tnd any Builder
xvho will be entitled to 3 votes for each unoccupied Lot they own. The Class B membership will
cease and be converted to Class A membership 180 days after the conveyance of the Lot which
causes the total votes outstanding in the Class A membership to equal the total votes outstanding
in the Class B membership, or 10 years after conveyance of the first Lot to a Class A member,
whichever occurs earlier.
(c) Suspension. All voting rights of an Owner ~vill be suspended during
any period in which such Owner is delinquent in the payment of any assessment duly established
pursuant to this Article II or is otherwise in default hereunder or under the By-laws or Rules and
Regulations of the Association.
ARTICLE iii
GENERAL POWERS AND DUTIES OF
BOARD OF DIRECTORS OF THE ASSOCIATION
Section 3.1 Purpose of Maintenance Fund. The Board of Directors, for the benefit of the
Owners, will provide and will pay for out of the maintenance fund (provided for in Article II above) the
follo~ving:
(a) Taxes and assessments and other liens and monetary encumbrances
which will properly be assessed or charged against the Common Areas rather than against the
individual Owners, if any.
(b) Care and preservation of the Common Maintenance Areas.
(c) The services of a profes_sjonal person or management'firm to manage the
Association or any separate portion thereof to the extent deemed advisable by the Board of
Directors (provided that any contract for management of the Association ~vill be immediately
terminable, without cause, by the Association, with no penalty, upon no more than 90 days prior
written notice to the managing party), and the services of such other personnel as the Board of
Directors will determine to be necessary or proper for the operation of the Association, whether
such personnel are employed directly by the Board of Directors or by the manager.
(d) Legal and accounting services.
(e) A policy or policies of insurance insuring the Association and/or its
Board of Directors and officers against any liability to the public or to the Owners (and/or
invitees or tenants) incident to the operation of the Association in any amgunt or amounts as
determined by the Board of Directors, including a policy or policies of insurance as provided
herein in Article IV.
(f)
any applicable laws.
Workers compensation insurance to the extent necessary to comply with
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benefit
powers
(g) Such fidelity bonds as may be required by the By-laws'or as the Board
of Directors may determine to be advisable. ..
(h) Any other materials, supplies, insurance, furnit-dre, labor, services,
maintenance, repairs, structural alterations, taxes or assessments (including taxes or assessments
assessed against an individual Owner) which the Board of Directors is required to obtain or pay
for pursuant to the terms of this Declaration or by law or which in its opinion will be necessary
or proper for the enforcement of this Declaration.
Section 3.2 Po~vers and Duties of the Board of Directors. The Board of Directors, for the
of the Owners, will have the following general powers and duties, in addition to the specific
and duties provided for herein and in the By-laws of the Association:
(a) To execute all declarations of ownership for tax assessment purposes
with regard to the Common Areas, if any, on behalf of all Owners.
(b) To borrow funds to pay costs of operation secured by assignment or
pledge of rights against delinquent Owners if the Board of Directors sees fit.
(c) To enter into contracts, maintain one or more bank accounts, and
generally to have all the power necessary for or incidental to the operation and management of
the Association.
(d) To protect or defend the Common Areas from loss or damage by suit or
otherwise, and to provide adequate reserves for replacements.
(e) To make reasonable rules and regulations for the operation of the
Common Maintenance Areas and to amend the, gt from time to time; provided that, any rule or
regulation may be amended or repealed by an instrument in ~vriting signed by a majority of the
Owners, or with respect to a rule applicable to less than all of the Common Areas, by the Owners
in the portions affected.
(f) To make available for inspection by Owners within 60 days after the end
of each fiscal year an annual report, and to make all books and records of the Association
available for inspection by Owners at reasonable times and intervals.
(g) To adjust the amount, collect and use any insurance proceeds to repair
damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost
property, to assess the Owners in proportionate amounts to cover the deficiency.
(h) To enforce the provisions of any rules made hereunder and to enjoin and
seek damages from any Owner for violation of such provisions or rules.
(i) To collect all assessments and enforce all penalties for non-payment,
including the filing of liens and institution of legal proceedings.
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Section 3.3 Board Powers Exclusive. The Board of Directors will have the exclusive right
to contract for all goods, services and insurance, payment of which is to be made from the maintenance
fund and the exclusive right and obligation to perform'the functions of the Board of Directors, except as
otherwise provided herein.
Section 3.4 Maintenance Contracts and Covenants to Share Costs. The Board of
Directors, on behalf of the Association, will have full power and authority to contract or enter into
covenants to share costs with any Owner or other person or entity for the 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 covenants 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 Maintenance of Common Areas and/or Common Maintenance Areas by the
City of Coppell: Should the Association or its Board of Directors fail or refuse to maintain such
Common Areas and/or Common Maintenance Areas to City specifications for an unreasonable time, not
to exceed 90 days after written request to do so, the City of Coppell, by and through a majority of its City
Council members, will have the same 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 Common Maintenance Areas as described herein. It is understood that in
such event, the City of Coppell, Texas, through its City Council, may elect to exercise the ri~ts and
powers of the Association or its Board of Directors, to the extent necessary to take any action required
and levy any assessment that the 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.
ARTICLE IV
TITLE TO COMMON AREAS
Section 4.1 Association to Hold. The A~ociation will own all Common Areas in fee
simple and assume all maintenance obligations with respect to any Common Areas xvhich may be
hereafter established. Nothing contained 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 the Property (including, but not limited to, the Drainage Ditch Area), with the permission of
Declarant, may convey such property to the Association. The Association shall accept and maintain such
property for the benefit of its members, subject to any restrictions set forth in the deed or other
instrument transferring such property to the Association.
Section 4.2 Creek/Drainage Area. As of the date of this Declaration, the exact location of
the Creek/Drainage Area is uncertain, because the real property on both sides of the Creek/Drainage
Area is not platted. Therefore, Declarant hereby reserves the right to modify the description of the
Creek/Drainage Area (increase or decrease the size of the Creek/Drainage Area) in or'der to facilitate the
platting of the real property on both sides of the Creek/Drainage Area. Declarant shall have the right to
convey the Creek/Drainage Area to the Association at any time; provided, however, the conveyance shall
occur no later than thirty (30) days after final plats for both sides of the Creek/Drainage Area are filed in
the public land records. The Association shall be obligated to accept the conveyance of the
Creek/Drainage Area in its then current condition. The Creek/Drainage Area is intended for the control
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of water (including part of the runoff from the Property) and is not intended as a recrea{ional feature of
The Vistas of Coppell, nor is it intended as an aesthetic amenity. The Creek/Drainage Area shall be
maintained (in substantially its current condition) by Declarant until Declarant's conveyance of the
Creek/Drainage Area to the Association. Thereafter, the Creek/Drainage Area shall be maintained by the
Association as Common Area. Notwithstanding, the foregoing, Declarant reserves the right to
voluntarily make improvements to the Creek/Drainage Area, but in no event shall Declarant's temporary
maintenance responsibility include the obligation to make any improvements to the Creek/Drainage
Area. Notwithstanding any provision herein, Declarant reserves the right to grant easements and/or to
dedicate or convey the Creek/Drainage Area or any portion thereof to governmental authorities or
districts for purposes of roads, stormwater drainage control and/or utilities.
Section 4.3 Liability Insurance. From and after the date on xvhich title to any Common
Area vests in the Association, the Association will purchase and carry a general comprehensive public
liability insurance policy for the benefit 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 that such policy will contain, if available, cross-liability endorsements or
other appropriate provisions for the benefit of members, the Board of Directors, and the management
company retained by the Association (if any), insuring each against liability to each other insured as ~vell
as third parties. Any proceeds of insurance policies owned by the Association will be received, held in a
segregated account and distributed to the Association's general operating account, members, Board of
Directors, management company and other insureds, as their interests may be determined.
Section 4.4 Condemnation. In the event of condemnation or a sale in lieu thereof of all or
any portion of the Common Areas, 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
cannot be used in such a manner due to the lack of available land for additional Common Areas or for
whatever reason, any remaining funds may be distributed to each Owner on a pro rata basis.
ARTICLE V
ARCHITECTURAL REVIEW
Section5.1 Architectural Control Committee. A committee to be kno~vn as the
Architectural Control Committee (the "ACC") will be established consisting of 3 members.
(a) The members of the ACC will be appointed, terminated and/or replaced
by the Declarant so long as there is Class B membership. Thereafter the members of the ACC
will be appointed, terminated and/or replaced by the Board of Directors.
(b) The purpose of the ACC is to enforce the architectural standards of the
community and to approve or disapprove plans for improvements proposed for the Lots.
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(c) The ACC will act by simple majority vote, and will have' the authority to
delegate its duties or to retain the services of a professional engineer, architect, designer,
inspector or other person to assist in the performance of its duties.
Section 5.2 Scope of Review. No building, fence, wall, outbuilding, landscaping, pool,
athletic facility or other structure or improCement will be erected, altered, added onto or repaired upon
any portion of the Property without the prior written consent of the ACC, provided however, that
improvements erected, altered, added onto or repaired by Declarant will be exempt from the provisions
of this Article V.
Section 5.3 Submission of Plans. Prior to the initiation of construction upon any Lot, the
Owner thereof will first submit to the ACC a complete set of plans and specifications for the proposed
improvements, including site plans, grading plans, landscape plans, floor plans depicting room sizes and
layouts, exterior elevations, specifications of materials and exterior colors, and any other information
deemed necessary by the ACC for the performance of its function. In addition, the Owner will submit
the identity of the individual or company intended to perform the work and projected commencement
and completion dates.
Section 5.4 Plan Review. Upon receipt by the ACC of all of the information required by
this Article V, it will have 30 days in which to review said plans. The proposed improvements will be
approved if, in the sole opinion of the ACC: (a) the improvements will be of an architectural style and
material that are compatible with the other structures in the Property; (b) the improvements will not
violate any restrictive covenant or encroach upon any easement or cross platted building set back lines;
(c) the improvements will not result in the reduction in property value, use or enjoyment of any of the
Property; (d) the individual or company intended to perform the work is acceptable to the ACC; and (e)
the improvements will be substantially completed, including all cleanup, within 3 months of the date of
commencement (6 months for the construction of a complete house). If the ACC fails to issue its written
approval within 30 days of its receipt of the last of the_rgaterials or documents requi~'ed to complete the
Owner's submission, the ACC's approval will be deemed to have been granted without fitrther action.
Section 5.5 Non-conforming Structures. If there will be a material deviation from the
approved plans in the completed improvements, such improvements will be in violation of this Article V
to the same extent as if erected without prior approval of the ACC. The ACC, the Association or any
Owner may maintain an action at law or in equity for the removal or correction of the non-conforming
structure and, if successful, will recover from the Owner in violation all costs, expenses and fees incurred
in the prosecution thereof.
Section 5.6 Immunity of ACC Members. No individual member of the ACC will have
any personal liability to any Owner or any other person for the acts or omissions of the ACC if such acts
or omissions were committed in good faith and without malice. The Association will defend any action
brought against the ACC or any member thereof arising from acts or omissions of the ACC committed in
good faith and without malice.
Section 5.7 Address for Notice. Requests for ACC approval or correspondence ~vith the
ACC will be addressed to Vistas of Coppell Architectural Control Committee and mailed or delivered in
care of Centex Homes at the address shown at the end of the signature block hereto, or such other
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address as may be designated from time to time by the ACC. No correspondence or request for approval
will be deemed to have been received until actually., received by the ACC in form satisfactory to the
ACC.
ARTICLE VI
EASEMENTS
Section 6.1 Utility Easements. As long as Class B membership xvill be in effect, the
Declarant hereby reserves the right to grant perpetual, nonexclusive easements for the benefit of
Declarant or its designees, upon, across, over, through and under any portion of the Common Area for
ingress, egress, installation, replacement, repair, maintenance, use and operation of all utility and service
lines and service systems, public and private, including, without limitation, cable television, telephone,
gas and electric systems. Declarant, for itself and its designees, reserves the right to retain title to any
and all pipes, lines, cables or other improvements installed on or in such easements. Upon cessation of
Class B membership, the Association will have the right to grant the easements described herein.
Section 6.2 Declarant's Easement to Correct Drainage. As long as Class B membership
will be in effect, Declarant hereby reserves for the benefit of Declarant and any Builder, a blanket
easement on, over and under the ground within the Property to maintain and correct drainage of surface
waters and other erosion controls in order to maintain reasonable standards of health, safety and
appearance, and ~vill be entitled to remove trees or vegetation, without liability for replacement or
damages, as may be necessary to provide adequate drainage facilities. Notwithstanding the foregoing,
nothing herein will be interpreted to impose any duty upon Declarant or any Builder to correct or
maintain any drainage facilities within the Property.
Section 6.3 Easement for Unintentional Encroachment. The Declarant hereby reserves an
exclusive easement for the unintentional encroachment~y any structure upon the Common Area caused
by or resulting from, construction, repair, shifting, settlement or movement of any portion of the
Property, which exclusive easement will exist at all times during the continuance of such encroachment
as an easement appurtenant to the encroaching Property to the extent of such encroachment.
Section 6.4 Entry Easement. If the Owner fails to maintain the Lot as required herein, or in
the event of emergency, the Association ~vill have the right to enter upon the Lot to make emergency
repairs and to do other work reasonably necessary for the proper maintenance and operation of the
Property. Entry upon the Lot as provided herein ~vill not be deemed a trespass, and the Association will
not be liable for any damage so created unless such damage is caused by the Association's willful
misconduct or gross negligence.
Section 6.5 Drainage Easements. Easements for installation and maintenance of utilities,
stormwater retention/detention ponds, and/or a conservation area are reserved as may be shown on the
recorded Plat. Within these easement areas, no structure, planting or other material ,vill be placed or
permitted to remain which may damage or interfere with the installation and maintenance of utilities, or
which may hinder or change the direction of flow of drainage channels or slopes in the easements. The
easement area of each Lot and all improvements contained therein will be maintained continuously by
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the Owner of the Lot, except for those improvements for which a public authority, utility'company or the
Association is responsible.
Section 6.6 Temporary Completion Easement. All Lots will be subject to an easement of
ingress and egress for the benefit of the Declarant, its employees, subcontractors, successors and assigns,
over and upon the front, side and rear yards of the Property as may be expedient or necessary for the
construction, servicing and completion of dwellings and landscaping upon Lots adjacent to the Property,
provided that such easement will terminate 12 months after the date such Lot is conveyed to the Owner
by the Declarant.
ARTICLE VII
USE AND OCCUPANCY
All Lots and dwellings will be used and occupied for single family residence purposes only. No
Lot or dwelling may be used for commercial, institutional or other non-residential purpose (including
residential day care facilities) if such use involves the attendance or entry of non-residents upon the Lot
for business purposes or otherwise diminishes the residential character of the Lot or neighborhood. This
prohibition will not apply to (i) "garage sales" conducted entirely on an Owner's Lot in accordance with
guidelines (if any) established by the Association provided that no Owner will conduct more than 1
garage sale of no more than 2 days duration during any 6 month period, or (ii) the use of any Unit by
Declarant or any Builder as a model home or sales office, or (iii) the use of any Lot as a site for a
selection center trailer, construction office trailer and/or sales office trailer by Declarant or any Builder.
ARTICLE VIII
PROPERTY RIGHTS
Section 8.1 O~vners' Easements of Enjoyment. Every Owner will have a right and
easement in and to the Common Areas and a right and easement of in.ess and egress to, from and
through said Common Areas, and such easement will be appurtenant to and will pass with the title to
every Lot, subject to the following provisions:
(a) The right of the Association to establish and publish rules and
regulations governing the use of the Common Areas affecting the ~velfare of Association
members.
(b) The right of the Association to suspend the right of use of the Common
Areas and the voting rights of an Owner for any period during which any assessment against his
Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published
rules and regulations.
(c) The right of the Association, subject to the provisions hereof, to
dedicate, sell or transfer all or any part of the Common Areas to any public agency, authority or
utility for such purposes and subject to such conditions as may be agreed to by the Owners. No
such dedication, sale or transfer will be effective unless an instrument signed by Owners entitled
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to cast two-thirds (2/3) of the votes of each class of membership has been recotZded agreeing to
such dedication, sale or transfer, excluding Declarant.
(d) The right of the Association, subject to the provisions hereof, to
mortgage all or any part of the Common Areas. The Common Areas cannot be mortgaged
without consent of two-thirds (2/3) of the votes of each class of membership, excluding
Declarant.
(e) All easements herein described are easements appurtenant to and
running with the land; they will at all times inure to the benefit of and be binding upon the
undersigned, all of their grantees, and their respective heirs, successors, personal representatives
and assigns, perpetually and in full force.
Section 8.2 Effect of Declaration. Reference in any deed, mortgage, trust deed or any other
recorded documents to the easements, restrictions and covenants herein described or to this Declaration
will be sufficient to create and reserve such easements and covenants to the respective grantees,
mortgagees, or trustees of said parcels as fully and completely as if those easements, restrictions and
covenants were fully related and set forth in their entirety in said documents.
Section 8.3 Rezonine Prohibited. No Lot will be rezoned to any classification allowing
commercial, institutional or other non-residential use without the express consent of the Association and
Declarant, which may be withheld in Declarant's sole discretion. Declarant or the Association may
enforce this covenant by obtaining an injunction against any unapproved rezoning at the expense of the
enjoined party.
Section 8.4 Lot Consolidation. No Lots may be combined with all or any portion of an
adjoining Lot unless such consolidation is approved in writing by Declarant.
Section 8.5 Drainaffe Alteration Prohibited. The surface xvater drainage contours of each
Lot will conform to the approved grading plan established by the Declarant or any Builder. No Owner
will fill or alter any drainage swale established by the Declarant or any Builder, nor will any Owner
install landscaping or other improvements that may damage or interfere with the installation and
maintenance of utilities or which may obstruct or divert surface water runoff from the drainage patterns,
swales and easements established by the Declarant or any Builder.
ARTICLE IX
USE RESTRICTIONS
Section 9.1 Nuisances. No noxious or offensive activity xvill be carrie~t on upon any Lot,
nor will anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
Section 9.2 Development Activity. Notwithstanding any other provision herein, Declarant
and its successors and assigns, including Builders, will be entitled to conduct on the Property all
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activities normally associated with and convenient to the development of the Property and the
construction and sale of single-family dwelling units o.n the Property.
Section 9.3 Temporary Structures. No structure of a temporary character, including,
without limiting the generality thereof, any trailer, tent, shack, garage, barn, motor home or mobile home
or other outbuilding, and no prefabricated o~ relocated sti-ucture will be used on any Lot at any time as a
residence, either temporarily or permanently. This restriction will not be interpreted to limit the right of
Declarant or any Builder to use trailers or outbuildings as sales offices, selection center offices,
construction offices or material storage facilities.
Section 9.4 Siens. No sign or emblem of any kind may be kept or placed upon any Lot or
mounted, painted or attached to any Unit, fence or other,improvement upon such Lot so as to be visible
from public view or mounted on any vehicle or trailer parked or driven in the subdivision or carried by
any person or by any other means displayed within the subdivision except the following:
(a) For Sale Siens. An Owner may erect 1 sign not exceeding 2 feet by 3
feet in area, fastened only to a stake in the ground and extending not more than 3 feet above the
surface of the ground advertising the property for sale.
(b)
or any Builder.
Declarant's Sil~ns. Signs or billboards may be erected by the Declarant
(c) Political Sio, ns. Political signs may be erected upon a Lot by the Owner
of such Lot advocating the election of one or more political candidates or the sponsorship of a
political party, issue or proposal provided that such signs will not be erected more than 90 days
in advance of the election to which they pertain and are removed within 15 days after the
election.
Declarant or its agents will have the right to remove any sign, billboard or other advertising
structure that does not comply with the foregoing requirements, and in so doing, will not be subject to
any liability in connection with such removal.
Section 9.5 Vehicles.
(a) Campers~ Boats and Recreational Vehicles. No campers, boats,
marine craft, hovercraft, boat trailers, travel trailers, motor homes, camper bodies, golf carts, and
other types of recreational vehicles and non-passenger vehicles, equipment, implements or
accessories (hereinafter collectively or individually referred to as the "Recreational Vehicles")
may be kept on any Lot unless the same are fully enclosed within the garage located on such Lot
or are fully screened from view by a screening structure or fence approved b2( the ACC, and said
Recreational Vehicles are in an operable condition. The ACC, as designated in this Declaration,
will have the absolute authority to determine from time to time whether Recreational Vehicles
are operable and fully enclosed or screened from view. Upon an adverse determination by said
ACC, the Recreational Vehicles wilt be removed and/or otherwise brought into compliance with
this paragraph. No dismantling or assembling of motor vehicles, Recreational Vehicles, or other
machinery or equipment will be permitted in any driveway or yard adjacent to a street.
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(b) Commercial Vehicles. No commercial vehicle will be parked on any
street right-of-way or Lot except within an enclosed structure which prevents such view thereof
from adjacent lots and streets, unless such vehicle is temporarily parked' and in use for the
construction, maintenance or repair of a residence in the immediate vicinity. No trucks or
vehicles of any size which transp6rt inflammatory or explosive cargo may be kept on the
Property at any time.
(c) Motor Vehicles. No vehicles or similar equipment will be parked or
stored in an area visible from any street except passenger automobiles, passenger vans,
motorcycles, pick-up trucks, and pick-up trucks with attached bed campers that are in operating
condition and have current license plates and in,sPection stickers and are in daily use as motor
vehicles on the streets and highways of the State of Texas. No abandoned, derelict or inoperable
vehicles may be stored or located on any Lot. The ACC, as designated in this Declaration, will
have the absolute authority to determine from time to time whether a vehicle is operable.
Section 9.6 Pets, Livestock and Poultry. No animals, livestock or poultry of any kind will
be raised, bred or kept on any Lot, except for cats, dogs or other generally recognized household pets,
provided that they are not kept, bred, or maintained for any commercial purpose or for food. It is the
purpose of these provisions to restrict the use of the Property so that no person ~vill quarter on the
premises cows, horses, bees, hogs, pigs, sheep, goats, ducks, geese, chickens, turkeys, skunks or other
animals that may interfere with the quietude, health or safety of the community. No more than 4 animals
may be kept on a single Lot. All such animals ~vill be kept in strict accordance with all local laws and
ordinances (including leash laws) and in accordance with all rules established by the Association. All
animals must be properly tagged for identification. No animal will be allo~ved to run at large, and all
animals will be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse,
insects and ~vaste at all times. Such enclosed area will be constructed in accordance with plans approved
by the ACC, ~vilt be of reasonable design and const~,ruction to adequately contain such animals in
accordance with the provisions hereof, and will be screened so as not to be visible from any other portion
of the Property.
Section 9.7 Garbage and Refuse Disposal. No Lot will be used or maintained as a
dumping ground for rubbish. Trash, garbage or other waste will not be kept except in sanitary
containers. All equipment for the storage or disposal of such material will be kept in a clean and sanitary
condition. No cans, bags, containers or receptacles for the storing or disposal of trash, garbage, refuse,
rubble, or debris will be stored, kept, placed or maintained on any Lot where visible from any street
except solely on a day designated for removal of garbage and rubbish and on which days only such cans,
bags, containers, and receptacles may be placed in front of a residence and beside a street for removal but
will be removed from view before the following day. Materials incident to construction of
improvements may be stored on Lots during construction by Declarant.
Section 9.8 Air-Conditionin~ Units. No air-conditioning apparatus ~vill be installed on the
ground in front of a residence nor will any air-conditioning apparatus or evaporative cooler be attached
to any front wall or any window ora residence.
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Section 9.9 Siaht Distance at Intersections. Unless City standards are more rigorous, no
fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above
the roadways will be placed or permitted to remain on any comer Lot within the triangular area formed
by the street boundary lines and a line connecting them, at points 25 feet from the'intersection of such
street boundary lines, or in the case of a rounded property comer, from the intersection of the street
boundary lines extended. Also, unless Ci~ standards are more rigorous, the same sight line limitations
xvill apply on any Lot within 10 feet from the intersection of a street boundary line with the edge of a
driveway or alley pavement. No tree will be permitted to remain within such distances of such
intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight
lines.
Section 9.10 Parkine. No vehicles, trailers, implements or apparatus may be driven or
parked in the Common Areas, the Common Maintenance Areas or on any easement unless such vehicle,
trailer, implement or apparatus is in use for maintaining such area or easement, provided, however, that
this restriction will not apply to driveways or streets intended for vehicular use.
Section 9.11 Commercial or Institutional Use. No Lot, and no building erected or
maintained on any Lot, will be used for manufacturing, industrial, business, professional, commercial,
institutional or other non-residential purposes, except as set forth in Article VII. No activity, whether for
profit or not, xvill be conducted which is not related to single-family residential purposes. Nothing in this
section will prohibit an owner's use of a residence for quiet, inoffensive activities such as tutoring or
giving art lessons as long as such activities do not materially increase the number of cars parked on the
street or interfere with adjoining homeowners' use and enjoyment of their residences and yards.
Section 9.12 Detached Buildings. No detached accessory buildings, including, but not
limited to, detached garages (other than provided herein) and storage buildings, will be erected, placed or
constructed upon any Lot without the prior consent of the ACC. Every outbuilding, inclusive of such
structures as a storage building, greenhouse or children's_playhouse will be compatible with the dwelling
to which it is appurtenant in terms of its design and material composition. Outbuildings, other than
garages built by Declarant, ~vill be of a 1-story design and not exceed 15 feet in height measured from
existing grade or have total floor area in excess of 10% of the floor area of the main dwelling.
Section 9.13 Fences. All fences and walls will comply with City requirements. No fence,
wall or hedge will be erected or maintained on any Lot nearer to the street than the building setback lines
for the front and side yards, except for fences erected in conjunction with model homes or sales offices.
Fences constructed on comer lots must be erected on the corresponding building line for the side yard as
long as such fencing complies with City requirements. All perimeter fences will be constructed of wood,
brick and/or masonry except for retaining walls installed by Declarant or retaining walls or decorative
walls approved by the ACC. All side and rear property lines must be fenced and meet City set-back
criteria. All perimeter fences ~vill be 6 feet in height unless another height is approv~ed by the ACC but,
in any event, no such fence will be less than 4 feet in height or greater than 8 feet in height. No chain-
link, metal cloth or agricultural fences may be built or maintained on any Lot unless such fence is located
~vithin the perimeter fence in such a manner that it is not visible from any street, alley, park, Common
Area or public area (unless otherwise approved by the ACC in the manner described below). Unless
other~vise agreed betxveen Owners, side and rear yard fences that separate adjacent Lots will be owned
and maintained by the Owner on whose Lot the fence exists, or if the location is indefinite, such fence
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will be maintained by the Owners whose Lots are involved jointly with expenses being 'shared equally.
Notwithstanding the foregoing, the ACC will has the right and authority to approve variances of fencing
height, material and/or location for reasonable cause or to alleviate hardship as determined in the sole
judgment of the ACC; provided however, the ACC may not approve a variance Which contradicts the
zoning and/or subdivision ordinances of the City unless the City has previously approved the variance.
Section 9.14 Sidewalks. All sidewalks will conform to City specifications and regulations.
If a homeowner, its representative, agent or employee, causes damage to any sidewalk located on or
adjacent to such homeowner's Lot, the homeowner must repair or replace the sidewalk so that it will be
returned to its original condition on or before 45 days following the date such damage occurred.
Section 9.15 Landscal~in~ and Exterior Maintenance. Decorative ground cover rock in the
front and side yard may not exceed 10% of the total area of the front and side yard. Growth of grasses in
lawns must be properly maintained not to exceed 6 inches in height. All landscaping located on any Lot
will be properly maintained at all times by the Lot Owner. Each Lot Owner will keep all shrubs, trees,
grass, and plantings of every kind on his Lot cultivated, pruned, free of trash, and other unsightly
material. All improvements upon any Lot will at all times be kept in good condition and repair and
adequately painted or otherwise maintained by the Lot Owner. Declarant, the Association, and the ACC
xvill have the right at any reasonable time to enter upon any Lot to replace, maintain, and Cultivate
shrubs, trees, grass, or other plantings as deemed necessary; and to paint, repair, or otherwise maintain
any improvements in need thereof, and to charge the cost thereof to the Lot Owner.
Section 9.16 Antennae, Satellite Dishes and Solar Collectors. Except with the written
permission of the Declarant or as provided herein, no Owner may erect or maintain (a) any direct
broadcast satellite ("DBS") antenna greater than one meter (39 inches) in diameter, or (b) any multi-
channel multipoint distribution service (wireless cable) ("MMDS") antenna greater than one meter (39
inches) in diameter. The installation of any antennal structure, including any television broadcast service
("TVBS") antenna, mounted on the roof of a residentia_! structure will not (i) exceed more than 12 feet
over the roof line (including the mast, if any), (ii) be erected nearer to the lot line than the total height of
the antennal structure above the roof, (iii) be erected near electric power lines, or (iv) encroach upon any
street or other public space. Any applicable DBS or MMDS antenna (being less than one meter in
diameter), may be placed in the backyard of a Lot as long as it is not visible (for aesthetic reasons) from
view of any street, alley, park, Common Area or other public area, unless other~vise approved in writing
by Declarant (or unless such a designated location would impair signal reception of acceptable quality or
unreasonably increase the costs of the installation, maintenance and use of such apparatus). Except with
the writ-ten permission of Declarant, no solar collector panels may be placed on or around the residential
structure.
Section 9.17 Exterior Finish. All exterior walls of all dwellings, garages and approved
accessory buildings will be completely finished to meet minimum City standards with wood, stucco,
brick, stone, lap-siding or other material acceptable to the ACC. No unpainted concrete block surfaces
will be visible on any exterior wall.
Section 9.18 Clothes Hanffin~o Devices. No clothes hanging devices exterior to a dwelling
are to be constructed on the Lot.
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Section 9.19 Window Treatment. No aluminum foil, reflective film or s~milar treatment
will be placed on windows or glass doors. Temporary window treatments must be removed within 45
days.
.Section 9.20 Limitation on Square Feet. The minimum square footage area of Units erected
on the Lots will not be less than the applicalSle City minimums, if any.
Section 9.21 Oil and Mining Operations. No oil drilling, oil development operations, oil
refining, quarrying or mining operation of any kind will be permitted upon or in any Lot, nor will oil
wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot. No derrick or other
structure designed for use in boring for oil or natural gas will be erected, maintained or permitted upon
any Lot. No tank for the storage of oil or other fluids may be maintained on any of the Lots above the
surface of the ground.
Section 9.22 Mail Boxes. Mail boxes will be erected and maintained upon areas determined
by the U.S. Postal Service in accordance with the current postal authority standards and the approval of
the ACC.
Section 9.23 Garages and Driveways. An enclosed attached garage able to accommodate up
to 2 automobiles must be constructed and maintained for each residence. The garages must be situated
within the setback lines set out in Section 9.25 below. Garages may be used as a builder's sales offices
prior to permanent occupancy of the main structure; however, sales offices must be converted to garages
prior to permanent occupancy. With the exception of periods ~vhen garages are used by the Builder as
sales offices, all garages will be maintained for the storage of automobiles, and no garage may be
enclosed or otherwise used for habitation. No carport will be permitted on a Lot.
Section 9.24 Roof. No exposed roof surfaces on any principal and/or secondary structures
will be of wood shingles or wood shakes. The ACC wi!l have the authority to approve roof treatments
and materials when in its determination such treatments and materials, in the form utilized, will not be a
detriment to the quality of the neighborhood.
Section 9.25 Setback Lines. No dwelling will be located on any Lot nearer to the front Lot
line or nearer to the side street line than the minimum setback lines shown on the Plat or required by the
City. Notwithstanding the foregoing, the ACC will have the right and authority to approve variances
from the setback requirements for reasonable cause or to alleviate a hardship; provided however, the
ACC may not approve a variance which contradicts the setback requirements of the zoning and/or
subdivision ordinances of the City unless the City has previously approved the variance.
Section 9.26 Athletic and Recreational Facilities. Outdoor athletic and recreational
facilities such as basketball goals, playscapes, swing sets and sport courts of a perma~nent nature will not
be placed on any Lot in the subdivision between the street right-of-way and the front of a Unit, and must
be approved by the ACC pursuant to Article V. Temporary facilities may be placed, utilized and
removed from view from the street during the course of a day.
Section 9.27 Security. Neighborhood watchman patrols may be provided by independent
contractors through the Association, from time to time; however, the Association is not responsible for
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security of the neighborhood or any Unit and the Owners are exclusively responsible'for security for
home and property.
Section 9.28 Burning. Except within fireplaces in the main residential dwelling and except
for outdoor cooking, no burning of anything will be permitted anywhere on the Property.
Section 9.29. Utilities. Except as to special street lighting or other aerial facilities which may
be required by the City or by the franchise of any utility company or which may be installed by the
Declarant pursuant to its development plan, no aerial utility facilities of any type (except meters, risers,
service pedestals, transformers and other surface installations necessary to maintain or operate
appropriate underground facilities) will be erected or installed on the Property whether upon individual
Lots, easements, streets or rights-of-way of any type, either by the utility company or any other person or
entity, including, but not limited to, any person owning or acquiring any part of the Property, and all
utility service facilities (including, but not limited to, water, sewer, gas, cable, electricity and telephone)
~vill be buried underground unless otherwise required by a public utility. No individual water supply
system or sewage disposal system will be permitted on any Lot, including, but not limited to, water
wells, cesspools or septic tanks.
Section 9.30 Exterior Holiday Decorations. Lights or decorations may be erected on the
exterior of Units in commemoration or celebration of publicly observed holidays provided that such
lights or decorations do not unreasonably disturb the peaceful enjoyment of adjacent O~vners by
illuminating bedrooms, creating noise or attracting sight-seers. All lights and decorations that are not
permanent fixtures of the Unit which are part of the original construction or have been properly approved
as permanent improvements by the ACC will be removed within 30 days after the holiday has ended.
Christmas decorations or lights may not be displayed prior to November Ist of any year. For other
holidays, decorations or lights may not be displayed more than 3 weeks in advance of the holiday. The
Association will have the right, upon 30 days prior written notice, to enter upon any Lot and summarily
remove exterior lights or decorations displayed in violation of this provision. The Association, and the
individuals removing the lights and decorations, will no"~' be liable to the Owner for trespass, conversion
or damages of any kind except in the case of intentional misdeeds and gross negligence.
Section 9.31 Construction Activities. This Declaration will not be construed so as to
unreasonably interfere ~vith or prevent normal construction activities during the construction or
remodeling of or making of additions to improvements by a Lot O~vner (including Declarant) upon any
Lot within the Property. Specifically, no such construction activities will be deemed to constitute a
nuisance or a violation of this Declaration by reason of noise, dust, presence of vehicles or construction
machinery, posting of signs or similar activities, provided that such construction is pursued to
completion with diligence and conforms to usual construction practices in the area. If construction upon
any Lot does not conform to usual practices in the area as determined by the ACC in its sole good faith
judgment, the ACC will have the authority to obtain an injunction to stop such construction. In addition,
if during the course of construction upon any Lot, there is an excessive accumulatibn of debris of any
kind that is offensive or detrimental to the Property or any portion thereof, then the ACC may contract
for or cause such debris to be removed, and the Lot Owner will be liable for all expenses incurred in
connection therewith.
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ARTICLE X
DISCLOSURES
Owners are hereby notified pursuant to City of Coppell requirements that:
Section 10.1 Hieh,vay Proximity. The Property is located along State Highway 121 Bypass.
Section 10.2 Ambient Aircraft Noise. Due to DFW and Love Field Airports, there may be
occurrences of ambient aircraft noise due to aircraft overflights.
Section 10.3 Impact Fees. The Property is located within the boundaries of (i) the Denton
County Levee Improvement District and (ii) the Denton County Road and Utility Improvement District,
both ofxvhich levy property taxes in addition to the other local municipalities.
ARTICLE XI
PICKETING AND DEMONSTRATIONS
By acceptance of the deed to any Lot covered by this Declaration, the Owner covenants and
agrees ~vith the Owners of all other Lots within the subdivision, that no Owner or resident of any Lot will
engage in picketing, protest marches, sit-in demonstrations, protest speeches or other forms of public
protest, including without limitation, displaying signs or placards within public view, upon any Lot or
within any Common Area, easement or street right-of way adjacent to any Lot, or affixed to any vehicle
or apparatus upon or adjacent to any Lot. This prohibition will not affect the right of any person to
participate in any other form of public protest conducted outside the area depicted on the recorded
subdivision Plat. No Owner or resident of any Lot will engage in conduct that tends to vilify, ridicule,
denigrate, or impugn the character of any other O~vner or resident if such conduct bccurs on any Lot,
Common Area easement or street depicted on the subdivision Plat. Each Owner, by acceptance of the
deed to any Lot, will be deemed to have accepted the foregoing prohibitions as reasonable limitations on
his constitutional right of free speech, and to recognize and agree that all Owners have the right to the
peaceful enjoyment of their property; the right of privacy; the right to practice their o~vn religion; the
freedom of association; and the right to engage in a profession, business or life-style of their own
choosing provided that the conduct of such profession, business or life-style is not illegal and does not
otherwise violate any provision of this Declaration.
ARTICLE XII
ANNEXATION
Section 12.1 Annexation by Declarant. At any time during the ihitiat term of this
Declaration, the Declarant may, at its sole option and with the written consent of the then record owner
of the property being annexed, annex any or all of the additional property described in Exhibit "B" hereto
(the "Additional Property") into the Association to be subject to the terms hereof to the same extent as
if originally included herein and subject to such other terms, covenants, conditions, easements and
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restrictions as may be imposed thereon by Declarant, provided that the annexation will be governed by
the following rules:
(a) FHA/VA Approval. Declarant will submit a 'written request for
approval of any annexation under this Section (except annexation of that property described in
Exhibits "B") to the Federal Housin~g Administration ("FHA") and the Veterans Administration
("VA"), accompanied by a copy of the Declaration of Annexation. Any proposed annexation
must be (i) limited to a defined area, (ii) in accordance with a general plan filed with VA, and
(iii) approved by the VA and FHA.
(b) Consent or Joinder Not Required - Except Consent of Owner. No
consent or joinder of any Class A member or other party except the record owner of the land
being annexed will be necessary to effect any annexation made pursuant to this Section.
(c) Declaration of Annexation. Annexation shall be evidenced by a
written Declaration of Annexation executed by Declarant setting forth the legal description of the
property being annexed and any specific restrictive covenants to be applied to such annexed
property.
Section 12.2 Declarant's Termination of Right to Annex Additional Property. At any
time prior to annexation of all property constituting the Additional Property, Declarant shall have the
sole and exclusive right to terminate its right to annex that portion of the Additional Property not
previously annexed as provided in Section 12.1 above by recording a ~vritten document in the public land
records reflecting the termination.
Section 12.3 Annexation by Action of Members. At any time the Board may request
approval of the membership for the annexation of additional property into the Association to be subject
to all of the terms of this Declaration to the same e~t. ent as if originally include~ herein. No such
annexation shall be effective unless approved in writing by members entitled to cast two-thirds (2/3) of
the votes in each class of membership, and, in the case of property not described in Exhibit "B," by FHA
and VA as set forth in subsection 12.1(d) above. Any property that is contiguous to the existing property
subject to this Declaration may be annexed hereto according to the foregoing requirements, provided
however, that no such annexation shall be effective without the consent and joinder of the owners of the
property to be annexed. Such annexation must be evidenced by a Declaration of Annexation, as set forth
in subsection 12. l(c) above, executed by the parties herein described.
Section 12.4 No Duty to Annex. Nothing herein contained shall establish any duty or
obligation on the part of the Declarant or any member to annex any property into the Association, and no
owner of property excluded from the Association shall have any right to have such property annexed
thereto.
Section 12.5 Effect of Annexation on Class B Membership. In determining the number of
lots owned by Declarant for purposes of Class B membership status according to Section 2.6, the total
number of Lots covered by the Association, including all Lots annexed thereto, will be considered. If
Class B membership has previously lapsed but annexation of additional property restores the ratio of
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Lots owned by Declarant to the number required for Class B membership, such Class B t~embership will
be reinstated until it expires pursuant to the terms of Section 2.6.
ARTICLE X_III
GENERAL
Section 13.1 Enforcement. The Association or any Owner will have the right to enforce, by
any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges
imposed now or in the future by the provisions of this Declaration. Failure of the Association or any
Owner to enforce any covenant or restriction of this Declaration will in no event be deemed a waiver of
the right to do so in the future. ;
Section 13.2 Remedies. In the event of any default by any Owner under the provisions of this
Declaration, the By-laws or the rules and regulations of the Association, the Association and any Owner
will have each and all of the rights and remedies which may be provided for in this Declaration, the By-
laws and said rules and regulations, and those which may be available at law or in equity, and may
prosecute any action or other proceedings against such defaulting Owner and/or others for enforcement
of any lien, statutory or otherwise, including foreclosure of such lien and the appointment of a receiver
for the Lot and ownership interest of such Owner, or for damages or injunction, or specific performance,
or for judgment for payment of money and collection thereof, or for any combination of remedies, or for
any other relief. No remedies herein provided or available at law or in equity will be deemed mutually
exclusive of any other such remedy. Alt expenses of the Association in connection with any such actions
or proceedings, including court costs and attorneys' fees and other fees and expenses, and all damages,
liquidated or otherwise, together ~vith interest thereon at the maximum rate permitted by law but, with
reference to any Lots financed by FHA insured loans, not in excess of the maximum rate of FHA loans at
the time of delinquency, from the due date until paid, will be charged to and assessed against such
defaulting O~vner, and will be added to and deemed part_9f his respective maintenanc~ assessment (to the
same extent as the lien provided herein for unpaid assessments), upon the Lot and upon all of his
additions and improvements thereto, and upon all of his personal property upon the Lot. Any and all of
such rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise,
by the Association or any Owner.
Section 13.3 Term and Amendments. The covenants and restrictions of this Declaration
will run ~vith and bind the land for a term of 30 years from the date this Declaration is recorded, after
which time they will be automatically extended for successive periods of 10 years each, unless 75% of
the votes outstanding will have voted to terminate the covenants and restrictions of this Declaration upon
the expiration of the initial 30-year period or any extension thereof, which termination will be by written
instrument signed by 75% of the Owners and properly recorded in Dallas County, Texas. This
Declaration may be amended during the first 30-year period by an instrument sign~ed by not less than
90% of the Owners and by the Declarant. Any amendment must be recorded. Notwithstanding any
provisions hereof to the contrary, the Declarant may, at its sole discretion and without consent being
required of anyone, modify, amend, or repeal this Declaration at any time prior to the closing of the sale
of the first Lot, provided said amendment, modification, or repeal is in writing and properly recorded in
Dallas County, Texas. Declarant further reserves, (i) prior to the closing of the sales of all of the
Property, all rights ~vhich may be necessary to deal ~vith the Property, including the right to vacate,
Declaration of Covenants, Conditions and Restrictions - Page - 2 2 -
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amend, or modify the Plat of subdivision, and (ii) the right at any time to amend this Deciaration in order
to correct scrivener's errors. Amendments will be su.bject to prior approval by FHA and VA if any Lot
within the Property is encumbered by an FHA or VA mortgage loan.
Section 13.4 Severability. Invalidation of any one of these covenants or restrictions by
judgment or court order will in no way affect any other provisions which will remain, in full force and
effect.
Section 13.5 Rights and Obligations. The provisions of this Declaration and the Articles of
Incorporation and By-laws and the rights and obligations established thereby will be deemed to be
covenants running with the land and will inure to the benefit of, and be binding upon, each and all of the
Owners and their respective heirs, representatives, successors, assigns, purchasers, grantees and
mortgagees. By the recording or the acceptance of a deed conveying a Lot or any ownership interest in
the Lot whatsoever, the person to whom such Lot or interest is conveyed will be deemed to accept and
agree to be bound by and subject to all of the provisions of this Declaration and the Articles of
Incorporation and By-laws, whether or not mention thereof is made in said deed.
Section 13.6 Miscellaneous Provisions. If there is a conflict between any provision of this
Declaration and the Articles of Incorporation and By-laws, the following provisions will controli
(a) If any prospective Owner applies for FHA or VA mortgage financing
and receives a commitment therefor, and there exists a Class B membership, the following
actions will require approval of the Federal Housing Administration and the Veterans
Administration, as applicable: (I) mortgaging or dedication of Common Areas, (2) annexation
of additional properties into the Association, (3) amendment of this Declaration or the Articles of
Incorporation or By-laws of the Association, and (4) dissolution of the Association.
(b) The following actions will require noti~ce to all institutional holder~ of first mortgage
liens, if the first mortgage lienholder has requested such notice and included a current address along with
such request: (I) abandonment or termination of the Association; or (2) material amendment to this
Declaration.
(c) Upon the request of any first mortgagee of a dwelling on a Lot, the Association will
furnish to such mortgagee a written notice of any default by the Owner of such dwelling in the
performance of such Owner's obligations under this Declaration or the By-laws or Association rules or
regulations which is not cured within 30 days. Any first mortgagee of a dwelling who comes into
possession of said dwelling pursuant to the remedies provided in the mortgage, a foreclosure of the
mortgage, or deed (or assignment) in lieu of foreclosure, will take such property free of any claims for
unpaid assessments or charges in favor of the Association against the mortgaged dwelling which accrued
before the time such holder comes into possession of the dwelling.
(d) Unless at least 75% of the first mortgagees (based upon one vote for each mortgage)
have given their prior written approval, neither the Association nor the Owners will be entitled to:
(i) by act or omission seek to abandon, partition, encumber or transfer the
Common Areas, if any, or any portion thereof or interest therein (the granting of
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easements for public utilities or other public purposes consistent with the; intended use of
such property will not be deemed a transfer within the meaning of this clause);
(ii)
assessments,
Association;
substantially change the method of determining the obligations,
dues or other charges which may be levied against an Owner by the
(iii) by act or omission change, waive, or abandon any scheme of regulations
or enforcement thereof pertaining to the architectural design or the exterior appearance
of the dwellings or maintenance of the dwellings or Lots; and
(iv) fail to maintain liability, and extended coverage insurance on insurable
property comprising a part of the Common Areas on a current replacement cost basis in
an amount not less than 100% of the insurable value (based on current replacement
costs).
(e) All personal pronouns used in this Declaration, whether used in the masculine, feminine
or neuter gender, will include all other genders, and the singular will include the plural, and vice versa.
Section 13.7 Headin.os. The headings contained in this Declaration are for reference
purposes only and will not in any way affect the meaning or interpretation of this Declaration.
Section 13.8 Conflicts. In the event of conflict bet~veen the terms of this Declaration and any
By-laxvs, rules, regulations or Articles of Incorporation of the Association, this Declaration will control.
Section 13.9 Partial Invalidity_. The invalidation of any one of these covenants by judgment
or court order will in no way affect any of the other provisions, which will remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on its
behalf, attested and its corporate seal to be hereunto affixed as of the day and year first above written.
DECLARANT:
CENTEX HOMES,
a Nevada general partnership
By:
Centex Real Estate Corporation,
a Nevada corporation,
its managing general partner
Benton H. ~arnes
Division President - Dallas North Division
Declaration of Covenants, Conditions and Restrictions - Page - 2 4: -
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STATE OF TEXAS
COUNTY OF DALLAS
,..~.~ foregoing instrument was a~cknowledged before me
aNet-~~v a , 1998, by Benton H. Kames, Division
Corporation, corporation, managing general partner of CENTEX HOMES, a Nevada general
partnership, on behalf of said partnership.
lic, State of
"--N'otary's Name Printed:
on this the c~~'''~- day of
President of Centex Real Estate
My Commission Expires:
AFTER RECORDING RETURN TO:
Vistas of Coppell Homeowners Association, Inc.
c/o Centex Homes - Dallas North Division
1660 S. Stemmons, Suite 230
Dallas, TX 75067
Declaration of Covenants, Conditions and Restrictions - Page - 2 5 -
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EXHIBIT "A"
PROPERTY DESCRIPTION
VISTAS OF cOPpELL PHASE lA
BEING A 12.624 ACRE TRACT OF LAND SITUATED IN THE CITY OF COPPELL, IN THE G.C.
WOOLSEY SURVEY, ABSTRACT NO. 1402, DALLAS COUNTY, TEXAS, AND BEING A PORTION
OF THAT TRACT OF LAND DESCRIBED IN DEED TO VISTA PARTNERS, RECORDED IN
VOLUME 93184, PAGE 4500 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS. SAID
12.624 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 5/8" IRON ROD SET FOR THE INTERSECTION OF THE SOUTH
RIGHT-OF-WAY (R.O.W.) LINE OF VISTA RIDGE BOULEVARD, RECORDED IN COUNTY
CLERK'S FILE NO. 94R-0000002, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS,
AND THE EAST LINE OF VISTAS OF COPPELL PHASE 2A, AN ADDITION TO THE CITY OF
COPPELL, AS DESCRIBED IN VOLUME 97047, PAGE 3134 OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS, SAID POINT BEING THE POINT OF BEGINNING;
THENCE N 52035'20'' E ALONG SAID SOUTH R.O.W. LINE, A DISTANCE OF 241.58 FEET
TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER;
THENCE OVER AND ACROSS SAID VISTA PARTNERS TRACT THE FOLLOWING THIRTY-SIX
(36) COURSES AND DISTANCES:
S 89°05'26'' E, A DISTANCE OF 105.75 FEET TO A POINT FOR CORNER;
S 00°54'34'` W, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS' OF 40.00
FEET, A DELTA ANGLE OF 109°24'00'', A ~ONG CHORD THAT BEARS
S 36°12'34'' W A DISTANCE OF 65.29 FEET, AN ARC DISTANCE OF 76.38 FEET
TO A POINT FOR CORNER;
S 18°29'26'' E, A DISTANCE OF 182.16 FEET TO A POINT FOR CORNER;
ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET,
A DELTA ANGLE OF 31°07'28'', A LONG CHORD THAT BEARS S 34°03'10'` E A
DISTANCE OF 37.56 FEET, AN ARC DISTANCE OF 38.03 FEET TO A POINT
FOR CORNER;
S 49036'53" E, A DISTANCE OF 12.80 FEET TO A POINT FOR CORN, ER;
ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 225.00
FEET, A DELTA ANGLE OF 03°49'14", A LONG CHORD THAT BEARS
N 39°06'42'' E A DISTANCE OF 15.00 FEET, AN ARC DISTANCE OF 15.00 FEET
TO A POINT FOR CORNER;
S 52°47'55'' E, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER;
SHEET 1 OF 4
I:~SLD\95234602~S DATA~P HAS E 1A,FNS
~lSl'£ "A" Page 2 of.12
ALONG A NON-TANGEN-~'CURVE TO THE RIGHT HAVING A RADIUS OF 275.00
FEET, A DELTA ANGLE OF 34°18'29", A LONG CHORD THAT BF__ARS
S 54°21'20" W A DISTANCE OF 162.22 FEET, AN ARC DISTANCE OF 164.67
FEET TO A POINT FOR CORNER;
S 71 °30'34" W, A DISTANCE OF 7.54 FEET TO A POINT FOR CORNER;
S 26°30'34'' W, A DISTANCE OF 14.14 FEET TO A POINT FOR CORNER;
S 18°29'26'' E, A DISTANCE OF 143.23 FEET TO A POINT FOR CORNER;
N 71°30'34'' E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 18°29'26" E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 71°30'34'' W, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 18°29'26'` E, A DISTANCE OF 143.23 FEET TO A POINT FOR CORNER;
S 68°24'57" E, A DISTANCE OF 12.88 FEET TO A POINT FOR CORNER;
ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 175.00
FEET, A DELTA ANGLE OF 02°31'51", A LONG CHORD THAT BEARS
N 58°45'23'' E A DISTANCE OF 7.73 FEET, AN ARC DISTANCE OF 7.73 FEET
TO A POINT FOR CORNER;
S 32030'33'' E, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER;
ALONG A NON-TANGENT CURVE TO THE-RIGHT HAVING A RADIUS OF 225.00
FEET, A DELTA ANGLE OF 05005'33'', A LONG CHORD THAT BEARS
S 60°02'14" W A DISTANCE OF 19.99 FEET, AN ARC DISTANCE OF 20.00 FEET
TO A POINT FOR CORNER;
S 22040'59'' W, A DISTANCE OF 15.05 FEET TO A POINT FOR CORNER;
S 18°29'26" E, A DISTANCE OF 130.79 FEET TO A POINT FOR CORNER;
N 71030'34" E, A DISTANCE OF 5.79 FEET TO A POINT FOR CORNER;
ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET,
A DELTA ANGLE OF 36°29'16'', A LONG CHORD THAT BEARS N 53°'15'56'` E A
DISTANCE OF 43.83 FEET, AN ARC DISTANCE OF 44.58 FEET TO A POINT
FOR CORNER;
N 35°01'18" E, A DISTANCE OF 751.29 FEET TO A POINT FOR CORNER;
ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET,
SHEET 2 OF 4
I:~SLD/95234602\S DATA'CHASE 1 A.FNS
EXHIBIT "A" Page 3 of 12
A DELTA ANGLE OF 34o06'44", A LONG CHORD THAT BEARS N 17°5~'56" E A
DISTANCE OF 41.06 FEET, AN ARC DISTANCE OF 41.68 FEET TO A POINT
FOR CORNER;
N 00°54'34" E, A DISTANCE OF 27.84 FEET TO A POINT FOR CORNER;
..
N 89°05'26`` W, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
N 00°54'34'' E, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER;
S 89°05'26`' E, A DISTANCE OF 278.43 FEET TO A POINT FOR CORNER;
N 00°54'34'' E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 89°05'26" E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 00°54'34'' W, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 89°05'26'' E, A DISTANCE OF 49.31 FEET TO A POINT FOR CORNER;
ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 837.60
FEET, A DELTA ANGLE OF 10°47'51", A LONG CHORD THAT BEARS
N 44°03'16" E A DISTANCE OF 157.62 FEET, AN ARC DISTANCE OF 157.85
FEET TO A POINT FOR CORNER;
S 89°05'26'' E, A DISTANCE OF 78.88 FEET TO A 5/8" IRON ROD CAPPED
"CARTER & BURGESS" SET IN THE NORTH LINE OF A TRACT OF LAND DESCRIBED
IN DEED TO DENTON COUNTY LEVEE IMPROVEMENT DISTRICT #i, RECORDED IN
COUNTY CLERK'S FILE NO. 95R-005587~2 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS;
THENCE ALONG SAID NORTH LINETHE FOLLOWING SEVEN (7) COURSES AND DISTANCES:
ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 787.60
FEET, A DELTA ANGLE OF 13°29'21''' A LONG CHORD THAT BEARS S
47°00'48" W A DISTANCE OF 185.00 FEET, AN ARC DISTANCE OF 185.43 FEET
TO A POINT FOR CORNER;
ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET,
A DELTA ANGLE OF 58°27'02", A LONG CHORD THAT BEARS S 35°45'37'' W A
DISTANCE OF 47.29 FEET, AN ARC DISTANCE OF 49.26 FEET T0 A POINT FOR
CORNER;
S 47°49'23'' E, A DISTANCE OF 5.00 FEET TO A POINT FOR CORNER;
ALONG A TANGENT CURVE TO THE.LEFT HAVING A RADIUS OF 850.00 FEET, A
DELTA ANGLE OF 07°09'19''' A LONG CHORD THAT BEARS S 38°35'58'` W A
SHEET 3 OF 4
I:'~S LD~95234602\S DATA~P HASE 1A.FNS
EXHIBIT "A" Page 4 of 12
DISTANCE OF 106.08 FEET, AN ARC DISTANCE OF 106.15 FEET TO'A POINT FOR
CORNER;
S 35°01 '18" W, A DISTANCE OF 1147.10 FEET TO A POINT FOR CORNER;
ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET, A
DELTA ANGLE OF 08°57'07'', A LONG CHORD THAT BF_ARS S 39°29'52" W A
DISTANCE OF 78.04 FEET, AN ARC DISTANCE OF 78.12 FEET TO A POINT FOR
CORNER;
ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 708.91 FEET,
A DELTA ANGLE OF 05°16'31'', A LONG CHORD THAT BEARS S 53°35'08'' W A
DISTANCE OF 65.25 FEET, AN ARC DISTANCE OF 65.27 FEET TO A POINT FOR
CORNER;
THENCE LEAVING SAID NORTH LINE, CONTINUING OVER AND ACROSS SAID VISTA
PARTNERS TRACT, THE REMAINING THREE (3) COURSES AND DISTANCES:
ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 500.00'
FEET, A DELTA ANGLE OF 16°39'35'', A LONG CHORD THAT BEARS
S 43°21'06'' W A DISTANCE OF 144.87 FEET, AN ARC DISTANCE OF 145.38
FEET TO A POINT FOR CORNER;
N 22°51'26" W, A DISTANCE OF 483.15 FEET TO A POINT FOR CORNER;
N 18°29'26`' W, A DISTANCE OF 762.27 FEET TO THE POINT OF BEGINNING,
AND CONTAINING 12.624 ACRES OF LAND, MORE OR LESS. TH~S DOCUMENT
IS NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND
SURVEYING PRACTICES ACT, ARTICLE 5282C V.T.-C.S. (revised).
SHEET 4 OF 4
I:\S LD\S5234602',SDATA'd:~HAS E 1A.FNS
EXHIBIT "A" Page 5 of 12
PROPERTY DESCRIPTION
VISTAS OF COPPELL PHASE lB
BEING A 9.056 ACRE TRACT OF LAND SITUATED IN THE G.C. WOOLSEY SURVEY,
ABSTRACT NO. 1402, DALLAS COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF
LAND DESCRIBED IN DEED TO VISTA'PARTNERS, RECORDED IN VOLUME 93184, PAGE 4500
OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS (D.R.D.C.T.). SAID 9.056 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE MOST
EASTERLY NORTHWEST CORNER OF VISTAS OF COPPELL PHASE lA, AN ADDITION TO
THE CITY OF COPPELL, RECORDED IN VOLUME 97131, PAGE 2731 OF THE PLAT RECORDS
OF DALLAS COUNTY, TEXAS (P.R.D.C.T.);
THENCE ALONG THE NORTH LINE OF SAID VISTAS OF cOPPELL PHASE lA THE
FOLLOWING THIRTY FOUR (34) COURSES AND DISTANCES;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 837.60 FEET, A DELTA ANGLE
OF 10°47'51", A LONG CHORD THAT BEARS S 44°03'16'' W A DISTANCE oF 157.62
FEET, AN ARC DISTANCE OF 157.85 FEET TO A POINT FOR. CORNER;
N 89°05'26" W, A DISTANCE OF 49.31 FEET TO A POINT FOR CORNER;
N 00054'34'' E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
N 89°05'26'' W, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 00054'34" W, A DISTANCE OF 15.00 FE_~F TO A POINT FOR CORNER;
N 89°05'26'' W, A DISTANCE OF 278.43 FEET TO A POINT FOR CORNER;
S 00054'34" W, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER;
S 89005'26'' E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 00054'34'' W, A DISTANCE OF 27.84 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET, A DELTA
ANGLE OF 34°06'44'', A LONG CHORD THAT BEARS S 17057'56'' W A
DISTANCE OF 41.06 FEET, AN ARC DISTANCE OF 41.68 FEET TO A POINT
FOR CORNER; ,
S 35°01'18" W, A DISTANCE OF 751.29 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET, A DELTA
ANGLE OF 36°29'16'', A LONG CHORD THAT BF_ARS S 53015'56'' W A
DISTANCE OF 43.83 FEET, AN ARC DISTANCE OF 44.58 FEET TO A POINT
SHEET 1 OF 3
I:\SLD\95234602~S DATA~HASE 1 B.FNS
EXHIBIT "A" Page 6 of 12
FOR CORNER;
S 71 °30'34" W, A DISTANCE OF 5.79 FEET TO A POINT FOR CORNER;
N 18"29'26" W, A DISTANCE OF 130.79 FEET TO A POINT FOR CORNER;
N 22"40'59" E, A DISTANCE OF 15.05 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 225.00 FEET, A DELTA
ANGLE OF 05°05'33'', A LONG CHORD THAT BEARS N 60°02'14'' E A
DISTANCE OF 19.99 FEET, AN ARC DISTANCE OF 20.00 FEET TO A POINT
FOR CORNER;
N 32°30'33'' W, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET, A DELTA
ANGLE OF 02°31'51'', A LONG CHORD THAT BEARS S 58°45'23`' W A
DISTANCE OF 7.73 FEET, AN ARC DISTANCE OF 7.73 FEET TO A POINT FOR
CORNER;
N 68°24'57'' W, A DISTANCE OF 12.88 FEET TO A POINT FOR CORNER;
N 18°29'26" W, A DISTANCE OF 143.23 FEET TO A POINT FOR CORNER;
N 71°30'34'' E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
N 18°29'26'' W, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 71 °30'34" W, A DISTANCE OF 15.00 FEb--~ TO A POINT FOR CORNER;
N 18°29'26'' W, A DISTANCE OF 143.23 FEET TO A POINT FOR CORNER;
N 26°30'34'' E, A DISTANCE OF 14.14 FEET TO A POINT FOR CORNER;
N 71 °30'34" E, A DISTANCE OF 7.54 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEET, A DELTA
ANGLE OF 34°18'29'', A LONG CHORD THAT BEARS N 54°21'20'' E A
DISTANCE OF 162.22 FEET, AN ARC DISTANCE OF 164.67 FEET TO A POINT
FOR CORNER;
N 52°47'55'' W, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 225.00 FEET, A DELTA
ANGLE OF 03°49'14% A LONG CHORD THAT BEARS S 39°06'42'' W A
DISTANCE OF 15.00 FEET, AN ARC DISTANCE OF 15.00 FEET TO A POINT
FOR CORNER;
SHEET 2 OF 3
I:\SLD\95234602'~S DATA~PHAS E 1 B.FNS
EXHIBIT "A" Page 7 of 12
N 49°36'53" W, A DISTANCE OF 12.80 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HAVII~G A RADIUS OF 70.00 FEET, A DELTA
ANGLE OF 31°07'28", A LONG CHORD THAT BEARS N 34"03'10" W A
DISTANCE OF 37.56 FEET, AN ARC DISTANCE OF 38.03 FEET TO A POINT
FOR CORNER;
N 18"29'26" W, A DISTANCE OF 182.16 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, A DELTA
ANGLE OF 109°24'00'', A LONG CHORD THAT BEARS N 36"12'34" E A
DISTANCE OF 65.29 FEET, AN ARC DISTANCE OF 76.38 FEET TO A POINT
FOR CORNER; '
N 00"54'34" E, A DISTANCE OF 15.00 FEET TO A 5/8" IRON ROD CAPPED
"CARTER & BURGESS" SET FOR THE MOST NORTHERLY NORTHEAST
CORNER OF SAID VISTAS OF COPPELL PHASE lA;
THENCE S 89°05'26'' E, OVER AND ACROSS SAID VISTA PARTNERS TRACT, A DISTANCE OF
1036.27 FEET TO THE POINT OF BEGINNING, AND CONTAINING 9.056 ACRES OF LAND,
MORE OR LESS. THIS DOCUMENT IS NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE
PROFESSIONAL LAND SURVEYING PRACTICES ACT, ARTICLE 5282C V.T.C.S. (revised).
SHEET 3 OF 3
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EXHIBIT "A" Page 8 of 12
PROPERTY DESCRIPTION
VISTAS OF COPPELL PHASE 2A
BEING A 4.182 ACRE TRACT OF LAND SITUATED. IN THE CITY OF COPPELL, IN THE G.C.
WOOLSEY SURVEY, ABSTRACT NO. 1402, DALLAS COUNTY, TEXAS AND BEING A PORTION
OF THAT TRACT OF LAND DESCRIBED IN DEED TO VISTA PARTNERS, RECORDED IN
VOLUME 93184, PAGE 4500 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS. SAID
4.182 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 5/8" IRON ROD SET IN THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF vIsTA
RIDGE BOULEVARD (A VARIABLE WIDTH R.O.W.), RECORDED IN COUNTY CLERKS FILE NO.
94-R0000002, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID POINT BEING
S 57°14'23'' W, A DISTANCE OF 2245.07 FEET FROM A 5/8" IRON ROD CAPPED "CARTER &
BURGESS" SET IN THE INTERSECTION OF SAID SOUTH R.O.W. LINE, AND THE WEST LINE
OF MACARTHUR BOULEVARD (A 120' R.O.W.);
THENCE, DEPARTING SAID SOUTH R.O.W. LINE, OVER AND ACROSS SAID VISTA PARTNERS
TRACT THE FOLLOWING NINE COURSES AND DISTANCES:
S 18°29'26'' E, A DISTANCE OF 695.24 FEET TO A POINT FOR CORNER;
S 70°53'06'' W, A DISTANCE OF 276.43 FEET TO A POINT FOR CORNER;
N 19"06'54" W, A DISTANCE OF 433.28 FEET TO A POINT FOR CORNER;
S 70°53'06'' W, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
N 19°06'54'' W, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
N 70°53'06" E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
N 19°06'54" W, A DISTANCE OF 72.62 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 225.00 FEET, A DELTA ANGLE
OF 15°55'43'', A LONG CHORD THAT BEARS N 27°04'46'' W A DISTANCE OF 62.35
FEET, AN ARC DISTANCE OF 62.55 FEET TO A POINT FOR CORNER;
N 82°02'31" W, A DISTANCE OF 21.08 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET FOR CORNER IN SAID SOUTH RIGHT-OF-WAY LINE;
THENCE N 52°35'20'' E, ALONG SAID SOUTH RIGHT-OF-WAY, A DISTANCE OF 328.00 FEET
TO THE POINT OF BEGINNING, AND CONTAINING 4.182 ACRES OF LAND, MORE OR LESS.
THIS DOCUMENT IS NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND
SURVEYING PRACTICES ACT, ARTICLE 5282C V.T.C.S. (revised).
SHEET I OF 1
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EXHIBIT "A" ,3Page 9 of 12
PROPERTY DESCRIPTION
VISTAS OF COPPELL PHASE 2B
BEING A 15.217 ACRE TRACT OF LAND SITUATED IN THE G.C. WOOLSEY SURVEY,
ABSTRACT NO. 1402, THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, AND BEING A
PORTION OF THAT TRACT OF LAND DESCRIBED IN DEED TO VISTA PARTNERS, RECORDED
IN VOLUME 93184, PAGE 4500 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS. SAID
15.217 ACRETRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 5/8" IRON ROD FOUND AT THE NORTHWEST CORNER OF vISTAs OF
COPPELL PHASE 2A, AN ADDITION TO THE CITY OF COPPELL, RECORDED IN VOLUME
97047, PAGE 3134, OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, SAID POINT
BEING IN THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF VISTA RIDGE BOULEVARD,
RECORDED IN COUNTY CLERK'S FILE NO. 94-R0000002, OF THE DEED RECORDS OF
DENTON COUNTY, TEXAS;
THENCE ALONG THE WEST LINE OF SAID VISTAS OF COPPELL PHASE 2A THE FOLLOWING
10 COURSES AND DISTANCES:
S 82°02'31" E, A DISTANCE OF 21.08 FEET TO A POINT FOR CORNER;
ALONG A CURVETO THE RIGHT HAVING A RADIUS OF 225.00 FEET, A DELTA ANGLE
OF 15°55'43'', A LONG CHORD THAT BEARS S 27°04'46'' E A DISTANCE OF 62.35
FEET, AN ARC DISTANCE OF 62.55 FEET TO A POINT FOR CORNER;
S 19°06'54'` E, A DISTANCE OF 72.62 FEET TO A POINT FOR CORNER;
S 70°53'06" W, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 19°06'54" E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
N 70°53'06'' E, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER;
S 19006'54'` E, A DISTANCE OF 433.26 FEET TO A POINT FOR CORNER;
N 70°53'06'' E, A DISTANCE OF 276.43 FEET TO A POINT FOR CORNER;
S 18°29'26`' E, A DISTANCE OF 67.03 FEET TO A POINT FOR CORNER;
S 22°51'26" E, A DISTANCE OF 476.22 FEET TO A 5/8" IRON ROD C'APPED "CARTER
& BURGESS" SET FOR CORNER, BEING IN THE NORTH LINE OF A TRACT OF LAND
DESCRIBED IN DEED TO DENTON COUNTY LEVEE DISTRICT #1, RECORDED IN
COUNTY CLERK'S FILE NO. 95-0055872 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS;
THENCE, ALONG SAID NORTH LINE THE FOLLOWING TWO COURSES AND DISTANCES:
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EXHIBIT "A" Page 10 of 12
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 708.91 FEET,/~ DELTA ANGLE
OF 00°36'17'', A LONG CHORD THAT BEARS S 56°31'32" W A DISTANCE OF 7.48
FEET, AN ARC DISTANCE OF 7.48 FEET TO A POINT FOR CORNER;
S 62°29'09" W, A DISTANCE OF 723.03 FEET TO A POINT FOR CORNER;
THENCE DEPARTING SAID NORTH LINE, OVER AND ACROSS SAID VISTA PARTNERS TRACT
THE FOLLOWING ELEVEN COURSES AND DISTANCES:
N 27°30'51'' W, A DISTANCE OF 170.50 FEET TO A POINT FOR CORNER;
N 82°29'09'' E, A DISTANCE OF 28.52 FEET TO A POINT FOR CORNER;
N 27°30'51`' W, A DISTANCE OF 136.00 FEET TO A POINT FOR CORNER;
N 62°29'09`' E, A DISTANCE OF 13.11 FEET TO A POINT FOR CORNER;
N 27°30'51" W, A DISTANCE OF 121.00 FEET TO A POINT FOR CORNER;
S 62°29'09'` W, A DISTANCE OF 20.44 FEET TO A POINT FOR CORNER;
N 27°30'51" W, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER;
N 62°29'09'' E, A DISTANCE OF 18.40 FEET TO A POINT FOR CORNER;
ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 347.90 FEET,
A DELTA ANGLE OF 04°16'45'', A LONG CHORD THAT BF..ARS N 21°15'17'' W A
DISTANCE OF 25.98 FEET, AN ARC DISTANCE OF 25.98 FEET TO A POINT FOR
CORNER; -
N 19°06'54" W, A DISTANCE OF 474.24 FEET TO A POINT FOR CORNER;
N 35040'49'' W, A DISTANCE OF 119.75 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET FOR CORNER IN SAID SOUTH RIGHT-OF-WAY LINE;
THENCE N 52°35'20" E, ALONG SAID SOUTH R.O.W., A DISTANCE OF 470.52 FEET TO THE
POINT OF BEGINNING, AND CONTAINING 15.217 ACRES OF LAND, MORE OR LESS. THIS
DOCUMENT IS NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND
SURVEYING PRACTICES ACT, ARTICLE 5282C V.T.C.S. (revised).
SHEET 2 OF 2
I:\S L0\95234602\S DATA. HAS E2B.FNS
EXHIBIT "B"
PROPERTY SUBJECT TO ANNEXATION
BEING A 19.365 ACRE TRACT OF LAND SITUATED IN THE G.C. WOOLSEY SURVEY,
ABSTRACT NO. 1402 AND THE CLARINDA SQUIRES SURVEY, ABSTRACT NO. 1327, DALLAS
COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED
IN DEED TO VISTA PARTNERS RECORDED IN VOLUME 93184, PAGE 4500 OF THE DEED
RECORDS OF DALLAS COUNTY, TEXAS (D.R.D.C.T.). SAID 19.365 ACRETRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED
IN DEED TO COPPELL INDEPENDENT SCHOOL DISTRICT, RECORDED IN VOLUME 97001,
PAGE 1128 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, BEING THE COMMON
NORTHWEST CORNER OF SAID VISTA PARTNERS TRACT, ALSO BEING IN THE SOUTH
RIGHT-OF-WAY LINE OF VISTA RIDGE BOULEVARD;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALONG A CURVE TO THE LEFT HAVING
A RADIUS OF 2879.79 FEET, A DELTA ANGLE OF 18°16'13'', A LONG CHORD THAT BEARS
N 73°42'07" E A DISTANCE OF 914.41 FEET, AN ARC DISTANCE OF 918.29 FEET TO A POINT
FOR CORNER;
THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE, OVER AND ACROSS SAID VISTA
PARTNERS TRACT THE FOLLOWING FIFTEEN COURSES AND DISTANCES;
S 14°38'05'' E, A DISTANCE OF 10.08 FEET TO A POINT FOR CORNER;
S 23°21'30" W, A DISTANCE OF 110.47 FEET TO A POINT FOR CORNER;
S 09°27'24'' W, A DISTANCE OF 65.83 FEET TO A POINT FOR CORNER;
S 07°22'52'' W, A DISTANCE OF 129.56 FEET TO A POINT FOR CORNER;
S 08023'36" W, A DISTANCE OF 124.29 FEET TO A POINT FOR CORNER;
S 04005'25`' E, A DISTANCE OF 73.25 FEET TO A POINT FOR CORNER;
S 24°51'07" E,A DISTANCE OF 68.82 FEET TO A POINT FOR CORNER;
S 50°58'31" E,A DISTANCE OF 73.97 FEET TO A POINT FOR CORNER;
S 63°35'30'' E,A DISTANCE OF 191.81 FEET TO A POINT FOR CORNER;
S 75°07'19'' E,A DISTANCE OF 63.02 FEET TO A POINT FOR CORNER;
N 86°48'55'' E,A DISTANCE OF 150.26 FEET TO A POINT FOR CORNER;
N 82°36'52'' E,A DISTANCE OF 90.99 FEET TO A POINT FOR CORNER;
SHEET I OF 2
h\SLD',95234602\SDATA!PHAS E3.FNS
EXHIBIT "B" Page 2 of 4
S 83°07'27" E, A DISTANCE OF 64.64 FEET TO A POINT FOR CORNER;
S 18°18'16'' W, A DISTANCE OF 31.47 ~EET TO A POINT FOR CORNER;
S 03°17'23" E, A DISTANCE OF 101.53 FEET TO A POINT FOR CORNER IN THE
SOUTH LINE OF SAID VISTA PARTNERS TRACT;
THENCE S 75009'20'' W, ALONG SAID SOUTH LINE, A DISTANCE OF 1334.67 FEET TO A
POINT FOR THE SOUTHEAST CORNER OF SAID COPPELL INDEPENDENT SCHOOL
DISTRICT TRACT;
THENCE N 07°47'56" W, ALONG THE EAST LINE OF SAID COPPELL INDEPENDENT SCHOOL
DISTRICT TRACT, A DISTANCE OF 923.93 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 19.365 ACRES OF LAND, MOREOR LESS. THIS DOCUMENT IS NOT INTENDED FOR
USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND SURVEYING PRACTICES ACT, ARTICLE
5282C V.T.C.S. (revised).
SHEET 2 OF 2
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EXHIBIT "B" Page 3 of 4
BEING A 3.151 ACRE TRACT OF LAND SITUATED IN THE G.C. WOOLSEY SURVEY,
ABSTRACT NO. 1402 AND THE CLARINDA SQUIRES, ABSTRACT NO. 1327, DALLAS COUNTY,
TEXAS AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED
TO VISTA PARTNERS, RECORDED IN VOLUME 93184, PAGE 4500 OF THE DEED RECORDS
OF DALLAS COUNTY, TEXAS (D.R.D.C.T.). SAID 3.151 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A POINT FOR THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF
LAND DESCRIBED IN DEED TO COPPELL INDEPENDENT SCHOOL DISTRICT, RECORDED
IN VOLUME 97001, PAGE 1128 D.R.D.C.T., BEING THE COMMON NORTHWEST CORNER OF
SAID VISTA PARTNERS TRACT, SAID POINT BEING IN THE SOUTH RIGHT-OF-WAY LINE OF
VISTA RIDGE BOULEVARD;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, BEING THE COMMON NORTH LINE OF
SAID VISTA PARTNERS TRACT, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
2879.79 FEET, A DELTA ANGLE OF 18°16'13'', A LONG CHORD THAT BEARS N 07~'42'07'' E
A DISTANCE OF 914.41 FEET, AN ARC DISTANCE OF 918.30 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 2879.79 FEET, A DELTA ANGLE OF 01 °21'11 ", A LONG CHORD
THAT BEARS N 63°53'24`' E A DISTANCE OF 68.01 FEET, AN ARC DISTANCE OF 68.01 FEET
TO A POINT FOR CORNER;
THENCE DEPATING SAID SOUTH RIGHT-OF-WAY LINE, OVER AND ACROSS SAID VISTA
PARTNERS TRACT, THE FOLLOWING FIVE COURSES AND DISTANCES;
S 23°26'56'' E, A DISTANCE OF 103.96 FEET TO A POINT FOR CORNER;
S 11°48'17" W, A DISTANCE OF 331.16 FEET TO A POINT FOR CORNER;
S 25°18'05" E, A DISTANCE OF 206.43 FEET TO A POINT FOR CORNER;
S 88°53'52" E, A DISTANCE OF 427.34 FEET TO A POINT FOR CORNER;
S 01006'08" W, A DISTANCE OF 243.64 FEET TO A POINT FOR CORNER IN
THE SOUTH LINE OF SAID VISTA PARTNERS TRACT;
THENCE S 75°09'20'' W, ALONG SAID SOUTH LINE, A DISTANCE OF 7.91 FEET TO A POINT
FOR CORNER;
THENCE DEPARTING SAID SOUTH LINE OVER AND ACROSS SAID VISTA PARTNERS TRACT,
THE FOLLOWING FIFTEEN COURSES AND DISTANCES;
SHEET I OF 2
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EXHIBIT "B" Page 4 of 4
N 03017'23" W, A DISTANCE OF 101.53 FEET TO A POINT FOR CORNER;
N 18°18'16" E, A DISTANCE OF 31.47 FEET TO A POINT FOR CORNER;
N 83007'27.. W, A DISTANCE OF 64.64 FEET TO A POINT FOR CO~NER;
S 82036'52'' W, A DISTANCE OF 90.99 FEET TO A POINT FOR CORNER;
S 86048'55" W, A DISTANCE OF 150.26 FEET TO A POINT FOR CORNER;
N 75°07'19.. W, A DISTANCE OF 63.02 FEET TO A POINT FOR CORNER;
N 63035'30.. W, A DISTANCE OF 191.81 FEET TO A POINT FOR CORNER;
N 50°58'31" W, A DISTANCE OF 73.97 FEET TO A POINT FOR CORNER;
N 24°51'07" W, A DISTANCE OF 68.82 FEET TO A POINT FOR CORNER;
N 04005'25" W, A DISTANCE OF 73.25 FEET TO A POINT FOR CORNER;
N 08°23'36" E, A DISTANCE OF 124.29 FEET TO A POINT FOR CORNER;
N 07022'52.' E, A DISTANCE OF 129.56 FEET TO A POINT FOR CORNER;
N 09027'24'' E, A DISTANCE OF 65.83 FEET TO A POINT FOR CORNER;
N 23°21'30" E, A DISTANCE OF 110.47 FEET TO A POINT FOR CORNER;
N 14°38'05'' W, A DISTANCE OF 10.08 FEET TO THE POINT OF BEGINNING,
AND CONTAINING 3.151 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT IS
NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND
SURVEYING PRACTICES ACT, ARTICLE 5282C V.T.C.S. (revised).
SHEET 2 OF 2
I:~SLD~95234602~S D^TA\CRE EK.FNS
EXHIBIT "C"
Property Comprising the Creek/Drainage Area
BEING A 3.151 ACRE TRACT OF LAND SITUATED IN THE C.C. WOOLSEY SURVEY,
ABSTRACT NO. 1402 AND THE CLARINDA SQUIRES, ABSTRACT NO. 1327, DALLAS COUNTY,
TEXAS AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED
TO VISTA PARTNERS, RECORDED IN VOLUME 93184, PAGE 4500 OF THE DEED RECORDS
OF DALLAS COUNTY, TEXAS (D.R.D.C.T.). SAID 3.151 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A POINT FOR THE NORTHEAST CORNER OF THAT CERTAIN TRACT'OF
LAND DESCRIBED IN DEED TO COPPELL INDEPENDENT SCHOOL DISTRICT, RECORDED
IN VOLUME 97001, PAGE 1128 D.R.D.C.T., BEING THE COMMON NORTHWEST CORNER OF
SAID VISTA PARTNERS TRACT, SAID POINT BEING IN THE SOUTH RIGHT-OF-WAY LINE OF
VISTA RIDGE BOULEVARD;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, BEING THE COMMON NORTH LINE OF
SAID VISTA PARTNERS TRACT, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
2879.79 FEET, A DELTA ANGLE OF 18"16'13", A LONG CHORD THAT BF__..ARS N 07°42'07'' E
A DISTANCE OF 914.41 FEET, AN ARC DISTANCE OF 918.30 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 2879.79 FEET, A DELTA ANGLE OF 01 "21 '11 ", A LONG CHORD
THAT BF__ARS N 63°53'24'' E A DISTANCE OF 68.01 FEET, AN ARC DISTANCE OF 68.01 FEET
TO A POINT FOR CORNER;
THENCE DEPATING SAID SOUTH RIGHT-OF-WAY LINE, OVER AND ACROSS SAID VISTA
PARTNERS TRACT, THE FOLLOWING FIVE COURSES AND DISTANCES;
S 23°26'56" E, A DISTANCE OF 103.96 FEET TO A POINT FOR CORNER;
S 11°48'17" W, A DISTANCE OF 331.16 FEET TO A POINT FOR CORNER;
S 25°18'05'' E, A DISTANCE OF 206.43 FEET TO A POINT FOR CORNER;
S 88°53'52" E, A DISTANCE OF 427.34 FEET TO A POINT FOR CORNER;
S 01°06'08" W, A DISTANCE OF 243.64 FEET TO A POINT FOR CORNER IN
THE SOUTH LINE OF SAID VISTA PARTNERS TRACT;
THENCE S 75"09'20" W, ALONG SAID SOUTH LINE, A DISTANCE OF 7.91 FEET TO A POINT
FOR CORNER;
THENCE DEPARTING SAID SOUTH LINE OVER AND ACROSS SAID VISTA PARTNERS TRACT,
THE FOLLOWING FIFTEEN COURSES AND DISTANCES;
SHEET 1 OF 2
h\SLD\95234602\SDATA~CREEK.FNS
EXHIBIT "C' Page 2 of 2
N 03o17'23" W, A DISTANCE OF 101.53 FEET TO A POINT FOR CORNER;
N 18°18'16'' E, A DISTANCE OF 31.47 FEET TO A POINT FOR CORNER;
N 83007'27'' W, A DISTANCE OF 64.64 FEET TO A POINT FOR CORNER;
S 82036'52'` W, A DISTANCE OF 90.99 FEET TO A POINT FOR CORNER;
S 86°48'55'' W, A DISTANCE OF 150.26 FEET TO A POINT FOR CORNER;
N 75°07'19'` W, A DISTANCE OF 63.02 FEET TO A POINT FOR CORNER;
N 63035'30'' W, A DISTANCE OF 191.81 'FEET TO A POINT FOR CORNER;
N 50°58'31" W, A DISTANCE OF 73.97 FEET TO A POINT FOR CORNER;
N 24°51 '07" W, A DISTANCE OF 68.82 FEET TO A POINT FOR CORNER;
N 04005'25'' W, A DISTANCE OF 73.25 FEET TO A POINT FOR CORNER;
N 08023'36'' E, A DISTANCE OF 124.29 FEET TO A POINT FOR CORNER;
N 07°22'52'' E, A DISTANCE OF 129.56 FEET TO A POINT FOR CORNER;
N 09°27'24'' E, A DISTANCE OF 65.83 FEET TO A POINT FOR CORNER;
N 23021'30'' E, A DISTANCE OF 110.47 FEET TO A POINT FOR CORNER;
N 14°38'05'' W, A DISTANCE OF 10.08 'FEET TO THE POINT OF BEGINNING,
AND CONTAINING 3.151 ACRES OF LAND, MORE OR LESS. THIS DOCUMENT IS
NOT INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND
SURVEYING PRACTICES ACT, ARTICLE 5282C V.T.C.S. (revised).
SHEET 2 OF 2
I:\SLD\95234602~SDATA\CREEK. FNS
EXHIBIT "A" Page 11 of 12
PROPERTY DESCRIPTION
VISTAS OF COPPELL PHASE 2C
BEING A 20.436 ACRE TRACT OF LAND SITUATED IN THE G.C. WOOLSEY SURVEY,
ABSTRACT NO. 1402, AND THE CLARINDA SQUIRES SURVEY, ABSTRACT NO. 1327, IN THE
CITY OF COPPELL, DALLAS COUNTY; TEXAS, AND BEING A PORTION OF THAT CERTAIN
TRACT OF LAND DESCRIBED IN DEED TO VISTA PARTNERS, AS RECORDED IN VOLUME
93184, PAGE 4500 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS (D.R.DA.C.T.).
SAID 20.436 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE
NORTHWEST CORNER OF VISTAS OF COPPELL PHASE 2B, AN ADDITION TO THE CITY OF
COPPELL, RECORDED IN VOLUME 97131, PAGE 2731, OF THE PLAT RECORDS OF DALLAS
COUNTY, TEXAS (P.R.DA.C.T.), SAID POINT BEING THE NORTHWEST CORNER OF SAID
VISTA PARTNERS TRACT, AND BEING IN THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF
VISTA RIDGE BOULEVARD (VARIABLE WIDTH R.O.W.), RECORDED IN COUNTY CLERK'S FILE
NO. 94-R0000002, D.R.DA.C.T.;
THENCE ALONG THE WEST LINE OF SAID VISTAS OF COPPELL PHASE 2B THE FOLLOWING
ELEVEN COURSES AND DISTANCES:
S 35°40'49'' E, A DISTANCE OF 119.75 FEET TO A POINT FOR CORNER;
S 19°06'54'' E, A DISTANCE OF 474.24 FEET TO A POINT FOR CORNER;
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 347.90 FEET, A DELTA ANGLE
OF 04°16'45'', A LONG CHORD THAT BEARS S 21°15'17'' E A DISTANCE OF 25.98
FEET, AN ARC DISTANCE OF 25.98 FEET'TO A POINT FOR CORNER;
S 62°29'09'' W, A DISTANCE OF 18.40 FEET TO A POINT FOR CORNER;
S 27°30'51" E, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER;
N 62°29'09'' E, A DISTANCE OF 20.44 FEET TO A POINT FOR CORNER;
S 27°30'51'' E, A DISTANCE OF 121.00 FEET TO A POINT FOR CORNER;
S 62°29'09'' W, A DISTANCE OF 13.11 FEET TO A POINT FOR CORNER;
S 27°30'51'' E, A DISTANCE OF 136.00 FEET TO A POINT FOR CORRER;
S 62°29'09`` W, A DISTANCE OF 28.52 FEET TO A POINT FOR CORNER;
S 27°30'51" E, A DISTANCE OF 170.50 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET FOR THE SOUTHWEST CORNER OF SAID VISTAS OF COPPELL
PHASE 2B, SAID POINT BEING IN THE NORTH LINE OF A TRACT OF LAND
SHEET I OF 2
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EXtIIBIT "A" Page 12 of 12
DESCRIBED IN DEED TO DENTON COUNTY LEVEE DISTRICT' -,'¢1 (D.C.L.D.),
RECORDED IN VOLUME 97097, PAGE 01854, D.R.DA.C.T. AND IN COUNTY CLERK'S
FILE NO. 97-R0032803 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS
(D.R.DE, C.T.);
THENCE ALONG THE NORTH LINE OF SAID D.C:L.D. TRACT THE FOLLOWING SIX COURSES
AND DISTANCES:
S 62°29'09" W, A DISTANCE OF 101.70 FEET TO A POINT FOR CORNER;
S 63"14'01" W, A DISTANCE OF 38.30 FEET TO A POINT FOR CORNER;
S 62°40'01" W, A DISTANCE OF 72.26 FEET TO A POINT FOR CORNER;
S 63°38'13`' W, A DISTANCE OF 113.46 FEET TO A POINT FOR CORNER;
S 65°28'29" W, A DISTANCE OF 295.13 FEET TO A POINT FOR CORNER;
S 75°33'03" W, A DISTANCE OF 91.50 FEET TO A POINT FOR CORNER;
THENCE OVER AND ACROSS SAID VISTA PARTNERS TRACT 'THE FOLLOWING FIVE
COURSES AND DISTANCES:
N 01006'08" E, A DISTANCE OF 207.40 FEET TO A PQINT FOR CORNER;
N 88°53'52'' W, A DISTANCE OF 427.34 FEET TO A POINT FOR CORNER;
N 25018'05'' W, A DISTANCE OF 206.43 FEET TO A POINT FOR CORNER;
N 11°48'17'' E, A DISTANCE OF 331.16 FEET TO A POINT FOR CORNER;
N 23026'56'' W, A DISTANCE OF 103.96 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET IN SAID SOUTH R.O.W. LINE OF VISTA RIDGE BOULEVARD, AND
THE COMMON NORTH LINE OF SAID VISTA PARTNERS TRACT;
THENCE ALONG SAID COMMON LINE THE REMAINING TWO COURSES AND DISTANCES:
ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2879.79 FEET, A DELTA ANGLE
OF 10°37'29'', A LONG CHORD THAT BEARS N 57°54'04" E A DISTANCE OF 533.25
FEET, AN ARC DISTANCE OF 534.02 FEET TO A POINT FOR CORNER;
N 52°35'20'' E, A DISTANCE OF 328.20 FEET TO THE POINT OF BEGINNING, AND
CONTAINING 20.436 ACRES OF LAND, MORE OR LESS. THiS DOCUMENT IS NOT
INTENDED FOR USE AS DEFINED UNDER SECTION 2 OF THE PROFESSIONAL LAND SURVEYING
PRACTICES ACT, ARTICLE 5282C V.T.C.S. (revised).
SHEET 2 OF 2
I:~S LD~952~4602~S DATA'eliAS E2C. FNS