HOA agreement w/Southland Corp. September 17, 1987
Taryon Bowman
City of Coppell
P.O. Box 478
Coppell, Texas 75019
Re: 7/Eleven Property ~27658
NWC Denton Tap @ Sandy Lake
Coppell, Texas
Dear Taryon:
Enclosed are two executed copies of a Homeowner's Agreement
for the referenced property. Please know that upon the
submission of this agreement to our corporate office, they
initially were unwilling to sign this type of document at
all due to its inadequacy for commercial purposes. However,
I was able to persuade them to execute it with a few minor
changes making it more suitable for commercial use.
If you have any questions concerning this, please feel free
to contact me.
Sincerely, ~/j,~ ~:% ~ ',. ~
Ucrth Texas Division .,}
Dn/dd ~}~
Attac~ents
7-Eleven Stores / Division 1649
One Forest Plaza / 12200 Park Central Drive / Suite 500 / Dallas, Texas 75251 / Phone (214) 980-8055
THE SO~u'TH LAN D
CORPORATION
' ~ Location //27658
EXHIBIT A
· ' HOMEOWNER' S AGREEMENT
THE STATE OF TEXAS
DEED RECORD
COUNTY OF DALLAS )
The Southlancl Corporat±on is the owner of property located in Dallas
County, Texas, being described on the plat attached hereto and made a part hereof and
marked "Exhibit A".
. The Southland Corporation wants to establish reasonable restrictions
on the. development and use of the property. Fpr the consideration of the mutual
benefit to the owner and all future owners of the lots with~r~e property, the
on m ,e
The following words, when used in this stateme~trictions and covenants
(unless the context shall clearly indicate otherwise), have the following meanings:
A. "Association" means ~ T'he 'Southland Corporation, 1ts
~..,~ ~ r~v~,~. ~v.,, ..,~. successors and assigns.
8. "City" shall mean the City of Coppe]], Texas or its assignees.
outlined in red and
C. "Common area" means all of the propertYAdesignated as a common landscaped
area on the plat attached as "Exhibit A" and includes all screening walls adjacent to
the public R.O.W. adjoining the subdivision for which this document is applicable.
D. "Lots" means the numbered lots as shown on the plat which is attached as
"Exhibit A".
E. "Owner', means the record owner. "whether by foreclosure or otherwise) of
fee simple title to any Lot.
F. "Property" means the real property described above.
ARTICLE II
Association: Creationm Membershtp~ Bylaws
~tion !. T~ Asseci~tio~ sh~!! ~ form. ed ~s a non-profit corpor&tion ir~
accordance with the laws of the State of Texas. -
Section 2. All owners shall au~ members of the Association.
Membership in the Ass~d to the.owners..
~ Association may. a~opt by-laws that reasonably regulate the
v,g:ni::tion and operation of th: Association.
ARTICLE III
Use and Management of Common Areas
Section 1. Each owner shall have the nonexclusive right of enjoyment and use
of the con, non areas. This right is an easement and passes with the title to every
lot. _.
Section 2. The Association shall maintain, repair, and restore all common
asses ~o rat: '
areas
cost ~ onable attorney's fees shall be a lien on the lot
~~s on thc Iot~-- ,
ARTICLE IV
Rights of the Cit~
Section 1. The City shall have the right to perform the maintenance
obligations of the Association if the Association.fails to reasonably perform its
maintenance obligations, and the Association fails to reasonably perfom its
maintenance obligation.s within ten (10) days after receipt by the Association of
written notice from the City stating the nature and extent of the Association's
failur~ to maintain con,non areas.
Section 2. ,, ......... 4.. ~ m~.,~....~ o~gati~. +~, r~+ ........ ~A~ ~l!
Section 3. When the City assumes the maintenance obligation, the City shall
have the right of access to maintain the con, non areas.
indemnify and hold the City harmless from any a~tSs, expenses, suits,
demands, liabilities, d~erwise including attorney's fees and costs of
......... nectien ~th the C m_-int-_!ni?.g the ce..~m.,en
~ ity
SeCtion 4. :,~,q thc City ::su,,q~s t,he ,,q.'i,qt:.q.',",cc ob!i~~
shall not collect any assessments, and shall~o perform the
maintenance obligations. ~collect assessments and.r_esum~, its
d~t~n~t~' ~[e~:.,w,h~:n~]t. p.::s.:~t.t.~~ t^h~.~C.t.i~.~ibstantial evidence
ARTICLE V
Duration
Section 1. These restrictions shall be binding for a period of twenty-five
(25) years from the date of this agreement and shall automatically be extended for
successive ten (10) year periods unless a written instrument vacating or modifying
the agreement is signed by'the Mayor and all owners, and filed in the
Deed Records at the owners' expense.
Section 2. The Coppell City Council after recommendation by the Planning and
Zoning Commission may by resolution filed in the Deed Records terminate this
agreement if the Council finds physical conditions of the property and the
surrounding area have substantially changed to warrant the termination of this
I 3
agreement. The Mayor shall give notice to each owner not less than ten (10) days
before the date set for the Planning and Zoning Commission hearing and the City
Council hearing by depositing the notice property addressed and postage paid in the
United States Post Office to each owner as the ownership appears on the last approved
City Tax Roll.
/
THE SOUTHLAND CORPORATION
Owner
By: ~_ _"~-~,~..___
Vice President
At test: _~i_.-.-=:- '
As~i~ta~t~'~cretory
STATE OF TEXAS
COUNTY OF DALLAS
On September 9, 1987 before me, the undersigned, a Notary Public in and for
said State, personally appeared C,O, Beshears, known to me to be the Vice
President and Gary Fullington, known to me to be the Assistant Secretary of
the corporation that executed the within Instrument, known to me to be the
persons who executed the within Instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation executed the within
Instrument pursuant to its by-Iaws or a resolution of its board of directors,
WITNESS my hand and officiai seal,
DIANNA PERRY, Notar~ Public
in and for the State of lexas
My Commission Expires
ACKNOWLEDGEMENTS
! .
Article 6602, V.A.C.S., enumerates the persons before whom acknowledgements of
I proofs may be made.
(1) Single Acknowledgement
m
THE STATE OF TEXAS
COUNTY OF
I Before me, the undersigned authority, on day personally appeared
this
, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same for the
mpurposes and consideration therein expressed.
Given under my hand and seal of office on'this day of ,
mlg .
Notary Public in and for
County, Texas
(2) Corporate Acknowledgement
THE STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
, of
, a coproration, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed, in the
capacity therein stated as act corporation.
and
the
and
deed
of
said
Given under my hand and seal of office on this day of
Notary Public in and for
...~ County, Texas
Open Drainageways Figures 21, 22 and 23 depict landscaping concepts to be
considered for incorporation into the engineering design of open drainage areas. The
primary area of concern relates to those sections of the drainageways- which are
visible fro~ primary and secondary image zones, within one hundred feet (100') of the
R.O.W. The pedestrian/bike path shown should be included if the drainageway fits
into the approved City Hike/Bike Trail Plan. Key aspects of concepts are the
installation of a sprinkler system in the landscaped portion drainageway by the
developer and the creation of an owner's association to assume overall responsibility
for maintenance of the landscaping. Trees are to be requred along each side of the
drainageway at a ~inimum density of one for every forty (40) feet of frontage.
Headwall Figure 24 depicts a headwall for a culvert along an open drainage swale
adjacent to ~l roadway. This detail is particularly more important where curb and
guttering wi not be installed for several years. The intent is to provide an
attractive headwal.1 design over which a mower can be driven or pulled. Stone, brick
or concrete pavers are acceptable materials covering the headwall, although the
previously mentioned "Uni-decor" concrete pavers (antique red) would be the most
desirable alternative. The facing would only be appropriate for permanent headwalls
that are visible from primary or secondary image zones (within 100' of the R.O.W.).
The requirements for facings for culverts ~hould apply both to pipe culverts and box
culverts.
Landscape Maintenancq
The City of Coppell will be responsible for all median maintenance, all paving
maintenance, and the repair of streetscape elements when damaged by City initiated
utility work in dedicated easements. Other damage to streetscape elements occurring
during utility repairs will be. the responsibility of the utility company.
The established owners associations or individual property owners will be responsible
for the maintenance of streetscape elements in the parkway and the fifteen (15) feet
no-parking zone adjacent to the parkway. This will include residential brick
screening walls and landscaping in con,non areas. An Owner's Agreement (see attached
Exhibit A) will be approved during the subdivision plat process and filed with the
City. It formally establishes the owners association, defines the areas of
maintenance, and provides the City with the ability to assess the association if
maintenance responsibilities are not carried out.
"il ,,~i " !:' ,
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