2023 - 202301011467 04/24/2023 11:42 AM Page 1 of 31 Ashmore Tyler Homeowners ogee Amended and Reggate Declaration of Protective nants 2023 202301011467 04/24/2023 11:42 AM Page 2 of 31 ARTICLE I Ashmore Tyler Homeowners Association, Inc.
Amended and Restated Declaration of Protective Covenants TABLE OF CONTENTS DEFINITIONS ARTICLE II USES SECTION 2.1 PERMITTED USES SECTION 2.2 PROHIBITED USES AND ACTIVITIES a) Illegal, Noxious, Offensive b) Offensive odor, Fumes, Vibrations, Dust, Radiation, Noise Pollution c) Nuisance d) Commercial or Business Use e) Livestock, Poultry, Fowl f) Exterior Storage g) Flammable Liquids.
h) Parking of Campers, Mobile Homes, Boats, Travers i) Vehicle Parking on Paved Surfaces j) Vehicle Parking Time Limit k) Commercial Vehicles 1) Oil exploration m) Un-Roadworthy Vehicles n) Motor Vehicle Repair o) Permanent Sports Equipment p) All Other Prohibited Uses and Activities SECTION 2.3 LEASING OF HOME a) Definition b) Twelve Consecutive Months Owner Occupy c) Minimum Rental Tern d) Owner 1 Unofficial Copy e) Rental f) Entire g) h) Owner Rentins Liable in Writing j) Aditiona HOA Dues k) Grandfathered Tenants EVICTION OF TENANTS a) velation Constitutes Default Association as Attorney-in-Fact Association Not Liable for Damages SECON 2.5 TEMPORARY STRUCTURE AS RESIDENCE TION 2.6 COMMERCIAL OR BUSINESS USE a) Existence of Business b) Business Activity Conforms c) Visitation to Business d) Consistent with Character of Property e) Leasing of a Home Is Not a Business 3 3 3 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 2023 - 202301011467 04/24/2023 11:42 AM Page 3 of 31 ARTICLE III CONSTRUCTION AND ALTERATION 6 SECTION 3.1 CONSTRUCTION STANDARDS 6 SECTION 3.2 CONSTRUCTION 6 SECTION 3.3 INDEMNITY 6 6 ARTICLE IV SECTION 4.1
202301011467 04/24/2023 11:42 AM Page 3 of 31 ARTICLE III CONSTRUCTION AND ALTERATION 6 SECTION 3.1 CONSTRUCTION STANDARDS 6 SECTION 3.2 CONSTRUCTION 6 SECTION 3.3 INDEMNITY 6 6 ARTICLE IV SECTION 4.1 SECTION 3.4 TEMPORARY STRUCTURES PROPERTY GUIDELINES EASEMENTS SECTION 4.2 SET BACK AREAS SECTION 4.3 SIGHT LINES SECTION 4.4 UTILITIES ARTICLE V SECTION 5.1 SECTION 5.2 SECTION 4.5 EDGING AND RETAINING WALLS SECTION 4.6 FURTHER ENTRANCES AND EXITS PROHIBITED ARCHITECTURAL REVIEW COMMITTEE ARCHITECTURAL REVIEW COMMITTEE ARTICLE VI SECTION 6.1 DUTY APPROVAL OF PLANS AND SPECIFICAT SECTION 5.3 NO WAIVER OF FUTURE APPROVALS SECTION 5.4 LIMITATION OF LIABILITY COMPLIANCE WITH THESE PROTECT SECTION 6.2 FAILURE TO COMPLY Copy 7 7 8 8 8 COVENANTS 8 8 8 ARTICLE VII EASEMENTS 9 SECTION 7.1 ADOPTON SECTION 7.2 ASOGNION SECTION 7.3 REICTIO SECTION 7.4 SURFACE AREAS ARTICLE VIII THE SSOCIATION 9 9 9 9 9 ON-PROFIT 9 SECCON 8.2 PURPOSE 9 SCTIO8.3 BOARD OF DIRECTORS 10 SECTION 8.4 MEMBERSHIP 10 COVENANTS FOR ASSESSMENTS 10 SECTION 9.1 MAINTENANCE ASSESSMENTS 10 a) Common Areas 10 b) Landscaping Common Areas 10 c) Gates, Safety and Security 10 d) Private Streets 10 e) Parking Restriction Enforcement 10 2023 - 202301011467 04/24/2023 11:42 AM Page 4 of 31 f) Signs g) Adjacent Streets h) Public Streets 10 10 10 i) Capital Items 11 j) Reimbursement of Expenses 11 k) Non-Capital Items 11 SECTION 9.2 PERSONAL OBLIGATION OF ASSESSMENTS 11 SECTION 9.3 PAYMENT OF ASSESSMENTS - DUE DATES SECTION 9.4 EFFECT OF NON-PAYMENT OF ASSESSMENTS SECTION 9.5 LIENS TO SECURE ASSESSMENTS SECTION 9.6 ASSOCIATION'S POWER TO BORROW MONEY SECTION 9.7 FINANCIAL STATEMENTS SECTION 9.8 LIMITED LIABILITY ARTICLE X MISCELLANEOUS SECTION 10.1 ENFORCEMENT SECTION 10.2 TERMINATION OF COVENANTS
TS SECTION 9.6 ASSOCIATION'S POWER TO BORROW MONEY SECTION 9.7 FINANCIAL STATEMENTS SECTION 9.8 LIMITED LIABILITY ARTICLE X MISCELLANEOUS SECTION 10.1 ENFORCEMENT SECTION 10.2 TERMINATION OF COVENANTS SECTION 10.3 AMENDMENT TO COVENANTS SECTION 10.4 ASSIGNABILITY OF DEVELOPER'S RIGHTS SECTION 10.5 PROTECTION OF NAME SECTION 10.6 INTERPRETATION SECTION 10.7 OMISSIONS SECTION 10.8 NOTICES SECTION 10.9 RULES OF CONSTRUCTIO SECTION 10.10 SEVERABILITY SECTION 10.11 HEANGS SECTION 10.12 SECTION 10.13 LIALITY Unofficial Copy 11 12 12 12 12 13 13 13 13 13 13 13 13 14 c 2023 - 202301011467 04/24/2023 11:42 AM Page 5 of 31 AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF SMITH § That Ashmore Tyler Homeowners Association, Inc., desiring, as the present Controlling Pa the Property (as hereinafter defined), to adopt a uniform plan for the orderly management of the Pr hereby imposes upon the Property the following covenants, restrictions, charges, easements i (hereinafter referred to together as the “Protective Covenants”) which shall run with the landg binding upon any Owner (as hereinafter defined), tenant or mortgagee of any Lot (as her, or structure on the Property and upon the respective heirs, legal representatives, succg of any such Owner, tenant or mortgagee. This Amended and Restated Deciaration of F Covenants amends and supersedes the Declaration of Protective Covenants datg : and recorded in Volume 3587, Page 137, Real Property Records of Smith Cou amendments and supplements thereto (the “Original Declaration’).
ARTICLE !
DEFINITIONS The following terms, when used in these Protectiv enants, shall have the following meanings: “ARC” shall mean the Architectural Reygy Alp signated by the Controlling Party and
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ARTICLE !
DEFINITIONS The following terms, when used in these Protectiv enants, shall have the following meanings: “ARC” shall mean the Architectural Reygy Alp signated by the Controlling Party and as more fully described in Article V.
“Assessments” shall mean any Maint sments (as hereinafter defined).
“Association” shail mean Asiftore r Homeowners Association, Inc., a non-profit corporation, as iv: well as the successors, legal reg#se igns of Ashmore Tyler Homeowners Association, Inc.
“Board of Directors” Section 8.3.
the rd of Directors of the Association, as more fully described in Streets, amenities, ea Property, and which enjoyment and 2 ights comprising a part thereof, located on, appurtenant to or near the conveyed to the Association by the Developer for the common use, include right-of-ways in and to certain properties including, but not limited to, the FM 161 Landscaped Areas (as hereinafter defined).
“Director” shali mean a member of the Board of Directors of the Association.
“improvements” shall mean all improvements constructed upon any Lot, including, without limitation, ali buildings, garages, driveways, sidewalks, swimming pools, recreational courts, and any other structure associated with the development of any Lot.
“Landscaped Area” shall mean those certain parcels or strips of land as may be designated AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 1 2023 - 202301011467 04/24/2023 11:42 AM Page 6 of 31 by the Controlling Party and including, without limitation, the following areas: (i) adjacent to the Property in the right-of-ways of FM 2493 [commonly known as Old Jacksonville Highway] and FM 161 (the “Jacksonville Highway and FM 161 Landscaped Areas”); and (ii) the main entrance area to the Property.
perty in the right-of-ways of FM 2493 [commonly known as Old Jacksonville Highway] and FM 161 (the “Jacksonville Highway and FM 161 Landscaped Areas”); and (ii) the main entrance area to the Property.
“Lot” shall mean any of the lots, designated as such on the Plat (as hereinafter defined), within the perimeter boundaries of the Property, which can be used, under applicable law and any applicable restrictions regarding the improvement or use thereof.
“Owner” shall mean the legal title holder of record, whether one or more persons, of any Lot, but excluding any person having such interest merely as security for the performance of any obligation gout including, without limitation, (a) any person or entity holding legal title as trustee, (b) an individual o!
holding legal title as an heir, legal representative, successor or assign of a previous Owner, a other persons, acquiring or succeeding to the title of the Owner by sale, grant, will, forecios or by any jegal process or by operation of law or in any other legal manner.
“Plat” shall mean the valid plat(s) or map(s) of the Property or any part thereof after recorded in the Map Records of Smith County, Texas, a copy of which is reflecte h attached hereto and incorporated herein by reference.
“Private Street” shall mean any lot, designated as such on boundary of the Property, which can be used, under applicable Ja regarding the improvement or use thereof, for the construction of p!
“Property” shall mean that certain tract of land lo particularly described on Exhibit “B” attached hereto and i orated herein by reference.
(including building setback areas all be permitted.
“Setback Areas” shall mean the area describe and surface parking setback areas) upon whiggne I , including the brick columns, along the and exit gates.
cluding building setback areas all be permitted.
“Setback Areas” shall mean the area describe and surface parking setback areas) upon whiggne I , including the brick columns, along the and exit gates.
“Wall” shall mean the wall constructed o perimeter boundary of the Property, except t TICLE 1) USES 2.1 shall be used solely for single family residential purposes and, rovided, no structure other than a single-family dwelling shall be d to remain on any Lot. As contemplated above, accessory structures, perty except, if applicable, for certain reasonable activities and uses which may exist any reasonable period of construction of Improvements, maintenance or emergency ions on any portion of the Property: (a) Any illegal, noxious or offensive activity of any kind; (b) Any use which is offensive by reason of odor, fumes, vibrations, dust, smoke, radiation, noise pollution, or that it is hazardous by reason of excessive danger of fire or explosion; AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 2 2023 - 202301011467 04/24/2023 11:42 AM Page 7 of 31 (c) Any use which may cause or produce a nuisance as to any other portion of the Property; ({d) Any commercial or business use except as permitted herein; (e) The keeping of livestock, poultry or other animals or fowl of any kind; however, any Owner may keep bonafide household pets as set forth in the Code of Ordinances City of Tyler, Texas Chapter 14; (f} Exterior storage of any goods or materials; (g) Storage of oil, gasoline, or other flammable liquids, except that which is nece normai personal use; (h) Parking in excess of 72 hours in any month, for campers, motor homeg which are visible from the Common Areas or any Private Street or whi
le liquids, except that which is nece normai personal use; (h) Parking in excess of 72 hours in any month, for campers, motor homeg which are visible from the Common Areas or any Private Street or whi any party whose complaint is approved by the Association, in its (i) Parking of any vehicle within the Property except on d p' , Griveway or within a garage; on Ash (j) Parking of automobiles, motorcycles or other vehi re streets in excess of 72 hours in any month; (k) Trucks or vehicles, excluding vehicles use that are primarily used for commercial purpo: business. Commercial vehicles prohibj 2 tonnage in excess of one (1 ) ¥ a “ride share” purposes (e.g., Uber, Lyft) ther than those temporarily present on d as: 1) any truck or vehicle with y not have advertising signage; 2) any vehicle which by its confi ae St P cj D truck, tow truck, stake bed, delivery truck, liftgate, etc.) a to of a ed for commercial purposes; 3) any vehicle used for the primary purp ing persons for hire; or 4) any vehicle used primarily for the reson 's or property related to a business; (I) Any oil explor: mining opergti excavatio boring for oe S; evelopment operations, oil refining, quarrying, or acement of any oil wells, tanks, tunnels, mineral b patating derrick or other structure designated for use in (m) The kegam obiles or other vehicles which are not in roadworthy condition or i ave’a current inspection sticker or license plates; (n) onstruction on any Lot of any automobile, motorcycle or other motor sO as to be visible from neighboring property or the street; e placement of any permanent basketball goal or other permanent sports equipment in front yard or side yard on any Lot; and (p All other prohibited uses and activities in rules or regulations adopted by the Board of
any permanent basketball goal or other permanent sports equipment in front yard or side yard on any Lot; and (p All other prohibited uses and activities in rules or regulations adopted by the Board of Directors, which are incorporated herein by reference.
LEASING OF HOME: An Owner may be allowed to lease the Owner's home to a Tenant in accordance with and upon the Owner's compliance with the terms and provisions set forth below: of this provision and other rent-related provisions in this Declaration and the other documents, except when: (i) the home is only occupied by the home owner and/or a AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 3 2023 - 202301011467 04/24/2023 11:42 AM Page 8 of 31 b) (c) (d) (e) (f) CS (a) (h) person(s) immediately related to the owner by blood, marriage or adoption’, (ii) the home is vacant, (iii) the home is subject to a “sale and leaseback” agreement, or (iv) title to the home is held by a corporation, trust, partnership, or other legal entity, with the primary purpose of providing occupancy to the current occupant. This definition applies irrespective of whether there is a written agreement between the home owner and the occupant(s) or whether any financial consideration has been provided for the right of occupancy.
The Owner shall have personally occupied the home for twelve (12) consecutive months.
The Owner agrees to provide any documentation requested by the Board of Directggs of the Association in order to satisfy the twelve (12) month residency requirement.
The initial rental term must be for a minimum of twelve (12) consecutive months: a tenant fails to fulfill the rent term (moves out early), the property may
he twelve (12) month residency requirement.
The initial rental term must be for a minimum of twelve (12) consecutive months: a tenant fails to fulfill the rent term (moves out early), the property may occupied by another tenant unless the information required herein ha The Owner shall not be in default in any manner under the term ra bylaws, and d regulations of the occupants; must expressly provide that they are s rules of the Association; and must have as an exh Association.
comply with the USES set forth in the proposed Lease must cover the iim style leasing is prohibited.
The use provision of any proposed Lease Article {i of the Protective Covenants. in add entire home and any type of dormito b Any Lease renewal between a s Ame Tenant shall not be subject to the i . jowever, any attempt by the Owner and/or Tenant to sublease or assi Same to a third party is prohibited.
Each tenant is sui: to mply with all provisions of the governing documents, fe: , and local ordinances. Owners are responsible for d fheir guests’ violations.
ave the authority to assess fines against the Owner of a home Board of Directors determines, in its sole discretion, that the rotective Covenants or the Amendments are being violated. The ne To be levied will be in the sole discretion of the Board of Directors, and e fine may also include attomey’s fees if incurred by the Board of fine levied by the Board of Directors shall be treated as a Maintenance ner must provide the Association upon request: (i) the name of all tenants and pants; (ii) current contact information including full names, email addresses, phone numbers and any additional mailing address for all tenants; and (iii) the commencement date and term of the lease.
pants; (ii) current contact information including full names, email addresses, phone numbers and any additional mailing address for all tenants; and (iii) the commencement date and term of the lease.
It is also recommended that all owners obtain background checks prior to leasing.
Owners should consult with their own attorneys regarding legal requirements for background checks.
' A situation where an owner lives with an unrelated individual for purpose of companionship, regardless of whether the companion contributes to living expenses, will not be considered a lease under these rules.
c AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 4 2023 - 202301011467 04/24/2023 11:42 AM Page 9 of 31 (i) Any home leased by an Owner to a Tenant will pay an additional $25.00 per month as a Maintenance Assessment under Section 9.1 of the Protective Covenants. If the commencement date and termination date for a particular Lease is less than a full calendar month, the $25.00 per month assessment will be prorated accordingly. The Board of Directors reserves the right, in its sole and absolute discretion, to raise or lower the amount of the monthly assessment if the Board of Directors determines the circumstances warrant the increase or decrease.
(k) Any Lease which is currently in force as of the date of the adoption of these Updated Protective Covenants shall not be subject to the terms and provisions of this Sectio Any renewal of the existing Lease by an Owner to the same Tenant shall also not b subject to the terms and provisions of this Section 2.3. However, if the existin terminates, or the existing Lease is attempted to be assigned or sublet to a thir the terms and provisions of this Section 2.3 shall become applicable an
s of this Section 2.3. However, if the existin terminates, or the existing Lease is attempted to be assigned or sublet to a thir the terms and provisions of this Section 2.3 shall become applicable an must comply with all of the terms and provisions herein.
2.4 EVICTION OF TENANTS: Every lease agreement on a home, whether implied, is subject to and is deemed to include the following provisions: press of s to comply with , or local ordinance is sociation notifies an (a) Violation constitutes default. Failure by the tenant the Protective Covenants of the Association, feder: deemed to be a default under the lease agreemen owner of his tenant's violation, the owner must pro is tenant’s compliance or diligently exercise his rights as landlord f nant’s b lease agreement, including compliance after reasonable notice (at least 10 days’ notice) from the Association, t sociation has the right, but not the obligation, to pursue the remedies of r the lease agreement, or State law for the default, including evict of t (b) Association as Attorney-in-Fact.
the rental agreement for en each owner appoints the ing the absence of an express provision in é Protective Covenants by the Association, is Attorney-in-fact, with full authority to act in his place in all respea@ sol urpose of enforcing the Protective Covenants against his tenants, in i to the authority to institute forceable detainer proceedings a n his behalf, provided the Association gives the owner at ified mail, of its intent to so enforce the Documents.
damages. The owner of a leased home is liable to the xpenses, including attorney fees and court costs, incurred by the (c) sociation is not liable to the owner for any damages, including lost rents, B owner in relation to the Association's enforcement of the documents
ing attorney fees and court costs, incurred by the (c) sociation is not liable to the owner for any damages, including lost rents, B owner in relation to the Association's enforcement of the documents {a) The existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot; (b) The business activity conforms to all zoning requirements; AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 5 2023 - 202301011467 04/24/2023 11:42 AM Page 10 of 31 (c) The business activity does not involve regular visitation to the Lot by clients, customers, suppliers of other business, invitees or door-to-door solicitation of residents of the Development; (d) The business activity is consistent with the residential character of the Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Development, as may be determined in the sole discretion of the Board of Directors.
(e) The leasing of a Home, as set forth in Section 2.3, shall not be considered a businegs or trade within the meaning of this subsection.
ARTICLE Itl CONSTRUCTION AND ALTERATION 3.1 CONSTRUCTION STANDARDS: The construction and alteration of any the standards as set forth in Article IV of these Protective Covenants a adopted by the Board of Directors. When a construction mateg material may be used in lieu thereof provided that such ma equivalent to, or better than, the specified material.
3.2 CONSTRUCTION: Each Owner shall take care not to caus any Private Street, public street, easement, utility, Landscaped Area, Com Areas or er portion of or Improvements on the Property during construction teration of any Improvements on any Lot.
t to caus any Private Street, public street, easement, utility, Landscaped Area, Com Areas or er portion of or Improvements on the Property during construction teration of any Improvements on any Lot.
3.3 INDEMNITY: In the course of any constructia ati Improvement on any Owner's Lot, such Owner shall repair any damage @ used wate Street, public street, sidewalk easement, utility, the Landscaped we 9 g Ae, or any other portion of, or Improvements on, the Property. Each Owner shall be s ble for the compliance of its plans and specifications with all applicable la’ regulations. Each Owner shall indemnify and hold harmless the sociation a ny a sts, losses, damages and attomeys’ fees incurred by the Asscciatiog@n tion fh or arising out of the construction, alteration or Improvements on such mporary building or structure other than as allowed in Section 2.1, shall maintained on any Lot. Ail allowed temporary structures must receive approval b 3.4 ARTICLE Iv PROPERTY GUIDELINES 4.1 erpetual easements in, on and under the Lots of width and extent shown on the @ available for use by the Controlling Party and the Owners for purposes of installing ing utility services, and such other purposes as are contemplated by the Plat. The ents will be governed pursuant to Article Vil herein. No structure shall be constructed or ed to remain on or over any easement as shown on the Plat, and no party shall be liable to wner of such Lot for damages to any structure by reason of its use of such easement as contemplated hereby.
4.2 SET BACK AREAS: Any and all building lines as shown on the Plat shall be observed. In addition, no fence or wali shail be constructed or permitted to remain on any Lot within any building setback line area unless approved in writing by the ARC.
s shown on the Plat shall be observed. In addition, no fence or wali shail be constructed or permitted to remain on any Lot within any building setback line area unless approved in writing by the ARC.
AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 6 4.3 4.4 4.5 4.6 5.1 2023 - 202301011467 04/24/2023 11:42 AM Page 11 of 31 SIGHT LINES: No fence, wall, hedge or shrub which obstructs sight lines and elevations between two feet and six feet (2’ and 6’) above street elevations shall be constructed, planted or permitted to remain on any corner Lot within the triangular area formed by the street right-of-way lines and a line connecting them at points twenty-five feet (25') from the intersection of such street right-ofway lines, or, in the case of a rounded comer, from the intersection of the street right-of-way lines extended to intersect. The same sight line requirements shall apply to any triangular area formed by a street right-of-way line, a driveway boundary line, and a line connecting them at points ten feet (10°) from the intersection thereof. No trees shall be planted or permitted to remain within any of the above-described triangular areas unless the foliage line is maintained at sufficient height to prevent the obstruction of sight lines within the above parameters.
UTILITIES: Easements and access easements for the installation and maintenance o and drainage facilities are reserved as shown on the Plat. Except as to special street li other aerial facilities which may be required by the City of Tyler or which may be utility company or which may be installed by the Controlling Party pursuant to j erected or installed on the Property, whether upon individual Lots, eas¢ way of any type, either by the utility company or any other pe!
r which may be installed by the Controlling Party pursuant to j erected or installed on the Property, whether upon individual Lots, eas¢ way of any type, either by the utility company or any other pe!
and telephone) shall be and right-of-way is nable maintenance.
facilities (including but not limited to, water, sewer, gas, el buried underground. Within the set back area for each Lot, reserved for the Association to properly facilitate and carry EDGING AND RETAINING WALLS: All edging a etaining walls utilized on any Lot or dividing any two Lots must be of brick material consi in nature with that utilized on the adjoining house or other material approved b retaining walls or creosote logs be uti gee in FURTHER ENTRANCES AND EXITS F The construction of further entrances or exits to and from the property is probé ‘ only permitted entry or exit to and from the Property is the gated “e o evelopment design matters and knowledgeable about the Controlling gh level of taste and design standards within the Property. A person may ected to serve on the ARC if the person is either a current board member, a ber's spouse, or a person residing in a current board member's household. In eath or resignation of any member of the ARC, Controlling Party shall have full designate and appoint a successor. The ARC shall function as the representative of Directors for the purposes herein set forth as weil as for all other purposes s se its best efforts to promote and ensure harmony of external design and materials, design patibility and maintain conformity throughout the Property. Neither the Association, the Board
ent. The ARC s se its best efforts to promote and ensure harmony of external design and materials, design patibility and maintain conformity throughout the Property. Neither the Association, the Board nor any member of the Board or its designated ARC shall be liable for claims, causes of action or damages to anyone by reason of any acts or action taken in good faith (except where occasioned by gross negligence or arbitrary and capricious conduct) arising out of services performed pursuant to this covenant. The Board of Directors shail have the right and power to adopt, amend and promulgate rules and regulations in order to effectuate the purpose of this Article, which shall be binding on the ARC.
AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 7 5.2 5.3 §.4 6.1 6.2 2023 - 202301011467 04/24/2023 11:42 AM Page 12 of 31 APPROVAL OF PLANS AND SPECIFICATIONS: No Improvements shali be erected, placed or altered on any Lot or any exterior construction without written approval by the ARC. The ARC is authorized and empowered to consider and review any and all aspects of the construction of any improvements, which may, in the reasonable opinion of the ARC, adversely affect the living enjoyment of one or more Owners or the general value of the Property.
NO WAIVER OF FUTURE APPROVALS: Each Owner acknowledges that the members of the Board of Directors and ARC will change from time to time and that interpretation, application and enforcement of these Protective Covenants may vary accordingly. Approval of proposals, plans and specifications or drawings for any work done or proposed, or in connection with any ot!
matter requiring approval, shall not be deemed to constitute a waiver of the right to withhol
oposals, plans and specifications or drawings for any work done or proposed, or in connection with any ot!
matter requiring approval, shall not be deemed to constitute a waiver of the right to withhol approval as to any similar proposals, plans and specifications, drawings or other mait subsequently or additionally submitted for approval.
the basis of aesthetic considerations only and not for engineering, struct sHuality of materials. Neither the Association, the ARC, the Board nor the officers, employees and agents of any of them shail bear any responsibiéé ré 2 integrity or soundness of approved construction or modifi pians or ensuring the effectiveness thereof, nor for ensuring compliance with governmental requirements. Neither the Association, the B of the foregoing shall be held liable for any injury, damages quality of approved construction on or modificati fo any Lo any defect in any structure constructed from approved plans.
Neither the Association, the ARC, the Board n ffi directors, members, employees and agents of any of them, shall be tiable imdamaiies ne submitting plans and specifications to a any of them for approval, or to any OWNegof ected by these restrictions, by reason of mistake in judgment, negligence or nonf g out of or in connection with the approval e any such plans or specifications. Every person or disapproval or failure to approve who submits plans and every Own@#agregs that he will not bring any action or suit against the Association, the ARC, the bard e Off™ers, directors, members, employees and agents of any of them, to recover, and hereby releases, promises, quitclaims and la mands and causes of action arising out of or in connection or covenants not to sua f with any judgment feasance and hereby waives the provisions of any law
hereby releases, promises, quitclaims and la mands and causes of action arising out of or in connection or covenants not to sua f with any judgment feasance and hereby waives the provisions of any law which provides tha ease does not extend to claims, demands and causes of action not known at the ti eleawe is given.
ARTICLE VI covenants; provided, however, it shall be the exclusive responsibility of the jation, as described in Section 9.1, to keep and maintain the Common Areas, specifically ng, but not limited to, the Landscaped Area and the Private Streets.
AILURE TO COMPLY: If, in the opinion of the Association, any owner is failing in the duty set forth in these Protective Covenants or any other policies adopted by the Association, then the Association may give such Owner notice of such fact and such Owner shall, within ten (10) days of such notice, undertake the work required to restore said Owner's Lot to a safe, clean and attractive condition, and otherwise bring said Lot into compliance with these Protective Covenants or any other policies adopted by the Association (including, but not limited to, the installation of landscaping). Should any such Owner fail to fulfill this duty and responsibility after such notice, AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 8 7.1 7.2 7.3 7.4 8.1 8.2 2023 - 202301011467 04/24/2023 11:42 AM Page 13 of 31 then the Association shall have the right and power (but not the obligation) to enter upon such Lot {without liability for trespass or other cause of action) and perform such work and bring such Lot into compliance with these Protective Covenants or any other policies adopted by the Association, and the Owner of the Lot on which such work is performed by the Association, shall
and bring such Lot into compliance with these Protective Covenants or any other policies adopted by the Association, and the Owner of the Lot on which such work is performed by the Association, shall be liable for the cost of any such work and shall on demand pay the party or parties who performed such work such amount, together with interest thereon at the maximum rate allowed by applicable law (or, if there is no maximum rate, at eighteen percent (18%) per annum) from the date incurred by such party or parties until paid. If such Owner shall fail to so pay the Association, as the case may be, within thirty (30) days after demand therefor, then said cost and interest thereon shall be a debt of such Owner, payable to the Association, as the case may be, an be secured by a lien against such Owner's Lot, in accordance with the provisions of Sectio hall ARTICLE Vil EASEMENTS ADOPTION: The Plat dedicates for use, subject to the limitations set forty easements shown and provided for thereon, and the Plat further establi limitations, reservations, and restrictions applicable to the Lot may hereafter grant, create and dedicate, by recorded instr related rights affecting the Setback Areas of certain of the restrictions and reservations shown on the Plat and all gra tions, limitations, ions of easements and ing the Property are ovenants for all purposes, ing adopted in each and every contract, deed of conveyance executed or to be executed by ol ehalf of Controlling Party conveying or leasing any part of the Property.
ASSOCIATION EASEMENT: An cas, t iPhgebymwanted to the Association, their respective officers, agents, empioyees, and manag nel to enter upon any Lot to render any service or perform any of their respeghing f . In addition, an easement is hereby granted to
ssociation, their respective officers, agents, empioyees, and manag nel to enter upon any Lot to render any service or perform any of their respeghing f . In addition, an easement is hereby granted to all police, fire protection, ambulang#and ojhe' ergency vehicles, and to garbage and trash collection vehicles, postal ice icle: d other service vehicles, and to the operators thereof, to enter upon t tformance of their duties.
RESTRICTION: Oe t any easement on, over, under or across any Lot without the prior written ap ontrolling Party.
‘ace of easement areas for underground utility services may be used for planting 2 of shrubbery, trees, lawns, or flowers and for driveways providing ingress and aie pss such areas subject to the requirements of the grantee(s) of such any of the aforesaid vegetation as a result of any activity relating to the construction, or repair of any facility in any such easement area.
ARTICLE Vill THE ASSOCIATION NON-PROFIT: The Association was formed and organized on or about June 28, 1995 and operates as a non-profit corporation under the laws of the State of Texas.
PURPOSE: The purposes of the Association is as set forth in its Articles of Incorporation and include the collection and use of the Assessments as described in Article IX.
AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 9 2023 - 202301011467 04/24/2023 11:42 AM Page 14 of 31 c 8.3 BOARD OF DIRECTORS: The Association shall act through a three (3) to seven (7) member Board of Directors, which shail manage the affairs of the Association. Any vacancy, from whatever cause, occurring in the Board of Directors shall be filled by an election of the remaining Board Members pursuant to the Bylaws. The person elected to fill any such vacancy shall serve
, from whatever cause, occurring in the Board of Directors shall be filled by an election of the remaining Board Members pursuant to the Bylaws. The person elected to fill any such vacancy shall serve for the remainder of his predecessor's term and until his successor is duly elected and qualified.
8.4 MEMBERSHIP: The Association shall have one class of Members. Each Owner, whether one or more persons or entities, shall, upon and by virtue of becoming such Owner, automatically become a member of the Association (hereafter referred to as “Member” individually or “Members” collectively) and shall remain a Member thereof until its ownership ceases for a reason, at which time its membership in the Association shall automatically cease. E membership in the Association shall be appurtenant to and shall automatically folloy legal ownership in any Lot and may not be separated from such interest. Whene ownership of any Lot passes from one person to another, by whatever means necessary that any instrument provide for transfer of membership in the Assocta certificate of membership will be issued.
ARTICLE IX 9.1 herein) shall be levied by the Board of Directors against the Members i ed appropriate by the Board of Directors to meet the expenses of the As tion and for the purposes expressed herein. Each year or otherwise from time-to time, th ual Maintenance Assessment may be increased as the Association deems appropri intenance Assessments may be used by the Association for the purposes ofgromafiig tion, health, safety and welfare of the Cc Owners, residents and tenants of the Prope sociation in its discretion may deem appropriate, including, but not limited to, ‘ol (a) Maintaining, illuminating répaying@re Common Areas and any and all improvements
idents and tenants of the Prope sociation in its discretion may deem appropriate, including, but not limited to, ‘ol (a) Maintaining, illuminating répaying@re Common Areas and any and all improvements constructed by th@ont! g Palm and located thereon; b) tion, mowing, tree surgery and general upkeep of the (c) isi nd security measures including. but not limited to, the erection, (d) maintaining. illuminating and repairing the Private Streets; Enf ent of parking restrictions; ction, maintenance and repair of parking signs along any roadway or street used for public traffic, street signs and other Property identification; Illumination, landscaping, maintenance, and repair of any dedicated and nondedicated boulevards, streets, and roads, in or adjacent to the Property (to the extent not performed to the satisfaction of Association by governmental authority having jurisdiction over same); (h) Maintenance, repair and lighting along any roadway or street used for public traffic; © AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 10 9.2 9.3 9.4 9.7 2023 - 202301011467 04/24/2023 11:42 AM Page 15 of 31 (i) Capital items necessary to accomplish the foregoing purposes, as determined by the Association, in its sole discretion; @) Reimbursement for reasonable out-of-pocket expenses incurred by the Association in connection with or arising out of these Protective Covenants; and (k) Non-capital items or expenses as may be deemed by the Association, in its discretion and good faith, to be necessary or desirable for the carrying out of these provisions and for the general benefit of the Members.
PERSONAL OBLIGATION OF ASSESSMENTS: Each Owner, by acceptance of a deed fo!
Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and
for the general benefit of the Members.
PERSONAL OBLIGATION OF ASSESSMENTS: Each Owner, by acceptance of a deed fo!
Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and pay to the Association the Maintenance Assessments.
discretion.
EFFECT OF NON-PAYMENT OF ASSESSMENTS -— THE J Assessment shail be costs and other costs of Hersonal obligation of the (30) days after the due date, the ximum rate permitted by applicable date when due and payable as specified in Section 9.6 her delinquent and shall, together with interest thereon, attorne' collection thereof, become a continuing lien on th then Owner. If such Assessment is not paid within Assessment shall bear interest from the due date at law or, if there is no maximum rate, at eightee; ) per annum, and the Association may bring an action at law against the wne obligated to pay the same or foreclose the lien against the Lot. No Owner m ivé o, se avoid liability for the Assessments provided for herein by non-use or aband n ecured by a separate and valid and subsisting lien, pon and against each Lot and all Improvements iation and ail Owners, and shall be prior and superior to all e | be subordinate and inferior to (a) all liens for taxes levied ts or any political subdivision or special district thereof, and (b) all any lender and granted by Developer, and all liens, including, iens, deeds of trust, mortgages and other security instruments which paft of the purchase price or any Lot and/or cost of improvements placed ch liens described in this item (b) should be filed for record prior to the Ssments become due and payable. No foreclosure shall free any Lot from Assessments thereafter becoming due and payable, nor shall the personal foreclosed Owner be extinguished by any foreclosure.
the Ssments become due and payable. No foreclosure shall free any Lot from Assessments thereafter becoming due and payable, nor shall the personal foreclosed Owner be extinguished by any foreclosure.
hereby created and fix thereon, for the bengfit other liens, except by County and Sta liens or deeds of tr but not limited 'S POWER TO BORROW MONEY: The Association shall have the right, but not ligation, to borrow money on terms acceptable to the Association, in its sole discretion, for rpose of paying expenses incurred by the Association pursuant to Section 9.1. Any such shall be repaid with monies collected from the Maintenance Assessments described in ection 9.1.
FINANCIAL STATEMENTS: The Association shall, not later than one hundred twenty (120) days after the end of each fiscal year of the Association, furnish to each Member financial statements which shall include a balance sheet as of the end of such year and a statement of operations for the year then ended. Such financial statements may, but shall not be required to be, audited. All AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 11 2023 - 202301011467 04/24/2023 11:42 AM Page 16 of 31 © Members shall have the right during regular business hours to inspect the books and records of the Association at the office of the Association.
9.8 LIMITED LIABILITY: It is understood that the judgment of the Association, its successors, legal representatives and assigns, in the allocation and expenditure of the Assessments shail be final so long as such judgment is exercised in goad faith. None of the Association, the Board of Directors, or any Director, shall have any liability to any person or entity under any theory or circumstance for any error of judgment, action or inaction of the Association, the Board of
he Board of Directors, or any Director, shall have any liability to any person or entity under any theory or circumstance for any error of judgment, action or inaction of the Association, the Board of Directors, or any Director. The enumeration of the services for which the assessments may be expended carries no obligation to fumish any of such services except to the extent of fund actually received by the Association.
ARTICLE X MISCELLANEOUS 10.1 ENFORCEMENT: These Protective Covenants shall run with and bind tb where expressly provided otherwise) shall inure to the benefit of and bg Association, or the Owner of any land subject to these Protectj any Owner shall have the right to enforce, by proceedings covenants, conditions, reservations, liens, charges, asses other provisions set out in these Protective Covenants, and (b) unless specifically contrary therein, all restrictions, covenants, conditions, reservations, liens, char ents and other i use of the Property or any e Association or any Owner to take any not render such party liable in any ner to take any action upon any Association or all restrictions, portion thereof; provided, however, that the failure action upon a breach of these Protective Covenants manner for such failure. Failure of the Associ breach or default of or in respect to any of th@for sMall not be deemed a waiver of the right C to take enforcement action upon any or default.
10.2 TERMINATION OF COVENANTS: ctive Covenants shall be effective upon the date to time, shall continue in full force and effect to after said date, these Protective Covenants, as of recordation hereof, and and including December amended, shail be aut Owners of sixty-seven Lots within the Property, by written declaration signed,
o after said date, these Protective Covenants, as of recordation hereof, and and including December amended, shail be aut Owners of sixty-seven Lots within the Property, by written declaration signed, acknowledged an cor ct to terminate these Protective Covenants. The Board of Directors may ter id these Protective Covenants, and this right shall exist as long as the then Owner n percent (67%) of the Lots within the Property approve.
10.3 \VENANTS: These Protective Covenants may be amended by the vote of 10.4 S RIGHTS: Developer reserves the right to assign or or any part of its rights or obligations hereunder to the Association. Upon any such assignment or delegation Developer shall be relieved of the rights and obligations so ed or delegated. In the event that Developer no longer owns nor has ground leased any on of the Property, all rights and obligations of Developer hereunder shall automatically be ransferred to and assumed by the Association, and Developer shall automatically be relieved of same, without need of any assignment or delegation.
© AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 12 10.5 10.6 10.7 10.8 10.9 10.12 2023 - 202301011467 04/24/2023 11:42 AM Page 17 of 31 PROTECTION OF NAME: No Owner, or any tenant or mortgagee of any Owner shall use the phrase “Ashmore” or any phrase or phrases similar thereto in connection with any Lot or any business operated in connection with any Lot, without the prior written consent of the Board of Directors except that Owner may use such phrase to identify the location of such Lot. This Testriction is for the benefit of and may be enforced by the Board of Directors.
INTERPRETATION: If these Protective Covenants, or any word, clause, sentence, paragraph, or
location of such Lot. This Testriction is for the benefit of and may be enforced by the Board of Directors.
INTERPRETATION: If these Protective Covenants, or any word, clause, sentence, paragraph, or other part thereof shall be susceptible of contradicting interpretations, the interpretation which is most nearly in accordance with the general purposes and objectives of these Protective Covenants or other policies adopted by the Association shall govern.
OMISSIONS: If any punctuation, word, clause, sentence, or provision necessary to gi validity, or effect to any other word, clause, sentence, or provision appearing in thegg Covenants or other policies adopted by the Association is omitted herefrom, suc unintentional and the omitted punctuation, word, clause, sentence or provisiong by inference.
NOTICES: Ali notices or other communications required or permitted tole givé at hereto shall be in writing and shall be considered as properly given iff e States mail, postage prepaid, registered or certified with ret same in person to the intended addressee, (iii) by delivery i lent third party commercial delivery service for same day or next day deliv ing for evidence of receipt at the office of the intended addressee, or (iv) electr: thereto; notice sent by such a commercial delivery ice shall be effective upon delivery to such commercial delivery service; notice given by personal @iyery shall be effective only if and when received by the addressee; and notice given b shall be effective only if and when received at the office or designated p| or the intended addressee. For purposes of notice, the address of any Owner sha address of such Owner as shown on the
iven b shall be effective only if and when received at the office or designated p| or the intended addressee. For purposes of notice, the address of any Owner sha address of such Owner as shown on the records of the Controlling Party at the ti iling. However, that {i) any Owner shall have the right to change its addres tt reunder to any other location within the continental United States by the gifffig of tai 0) days’ notice to the Controlling Party in the manner set forth herein; af#P(ii SOGmion shall have the right to change their address for notice hereunder to an Smith County, Texas by the giving of thirty (30) days’ notice to the nner set forth herein.
the plural, when ap 3 @ necessary grammatical changes required to make the provisions here orations, partnerships or individuals, males or females, shall in all cases be as ough in each case fully expressed. The word “or” is not exclusive. The words “herei After’, “hereafter”, “hereunder” and “hereof” refer to these Protective ntained in these Protective Covenants, or any part thereof, shall not affect any of the venants, restrictions, conditions, or provisions hereof, which shall remain in full force and EADINGS: All headings contained herein are for convenience only, and shall not be deemed to modify any substantive provision hereof.
WRITING REQUIRED: In the event the approval or consent of the Association, Controlling Party or Board of Directors is required under these Protective Covenants, such approval or consents must be obtained in writing to be effective unless expressly provided to the contrary herein.
AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 13 2023 - 202301011467 04/24/2023 11:42 AM Page 18 of 31
ed in writing to be effective unless expressly provided to the contrary herein.
AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 13 2023 - 202301011467 04/24/2023 11:42 AM Page 18 of 31 Cc 10.13 LIABILITY: Neither the Association, the Board nor the officers, directors, approved committee members, employees and agents of any of them shall have any liability to anyone by reason of any acts or action taken in good faith pursuant to the provisions of these Protective Covenants or policies adopted by the Association.
Executed thigh day of Apn } , 2023 by the undersigned director on behalf of Ashmore Tyler Homeowners Association, Inc.
ASHMORE TYLER HOMEOWNERS ASSOCIATION, WMC.
A Texas non-profit corporation DENNIS A. SANTO, Presiden THE STATE OF TEXAS § COUNTY OF SMITH § This instrument was acknowledged before me o DENNIS A. SANTO, as President, on behalf of ASHMOR iNC., a Texas non-profit corporation.
, 2023, by ER HOMEOWNERS ASSOCIATION, en gry My Commission Expires Ss January 16, 2026 c AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS PAGE - 14 2023 202301011467 04/24/2023 11:42 AM Page 19 of 31 EXHIBIT "A" 2814 39 163.30 F.M. 2483 (OLD JACKSONVILLE HWY.)
17 NCB 15484 33 92.05.00 W 197.09 5291726-40.43 4042'36" - 120.00 DALLED ADRES AFTEN 11 $1'24'57 580.00 C.R. 1213 (16 OIL TOP) 1334/ 1247/1 CRLED 187 ACHE PRACT 4 nofficial Copy 5251724-48.37 47728-15 33.00 #803845 - 145.46 NOW THEREFORE KNOWN ALL M THESE PRESE In & Kenplatz, Ar.
nsfer then County Rend for the the platin for the από to or from that repack SUBSCRIBED AND THE SMATE OF TEXAS, THE OTH TOBETTORE ME A NOTARY PUBLIC IN ANG FOR MyP DEBORAH SPEARS STATE OF PIKAS My Cart By S Ken Dicte Hames, Jinc.)
NO. 4887, 00 HEREBY CERTIFY THAT THE PLAT S
ck SUBSCRIBED AND THE SMATE OF TEXAS, THE OTH TOBETTORE ME A NOTARY PUBLIC IN ANG FOR MyP DEBORAH SPEARS STATE OF PIKAS My Cart By S Ken Dicte Hames, Jinc.)
NO. 4887, 00 HEREBY CERTIFY THAT THE PLAT S PREPARED FROM AN ACTUAL SURVEY MADE UNDER MY DIRECTION AND PORION ON THE BROUND DURING THE MONTH OF GIVEN UNDER MY HAND AND SEL THE OXY OF NEON L. MOORE RULE SUBBORERED AND HORN TO BEFORE ME, A HITTARY PUBLIC. IN AND POR THE STATE OF TEEMA, THIES 5TH NY OF July 1006 P DENORAH SPEARY SPARE OF TEXAS APPROVED BY THE CITY PLANNING & 20мия соммоN OF TYLER, TEINE ONDAT OF ATOR: SANDSTOFORE ME, A MODA PUBLIC, IN AND FOR THE STATE OF TEXAS THE DEBORAH SPEAAN STATE OF TEXAR SEP 111395 HAAYAR CONTRACT NO.
(1055) 84-005 11 SHEET NO.
08-21 Sebocka NO DATE ROMARKS REVISIONS COUNTYCLERK,CT 95-20030077 100 Lat Line N 川 F VICINITY MAP T.M. BLACTING, INEX, INC., SOUTHWESTERN MELA TELEPHONE COUNTED ARTIST CABLE TELEVISION, AND THE CITY OF TYLER ARE HERENT GRANTER CAGEMENTS TO BESTALL THEIR LAILATES WIHIN THE 19 PATHATE BAVEL, AND AS SHOWN.
ST Лесовое и сменет с 135-8 OF THE PLAT RECORDE FINAL PLAT SHOWING ASHMORE ADDITION UNIT I TYLER, SMITH COUNTY, TEXAS 1321 SOUTH BROADWAY TYLER, TEXAS 75701 (906) 007-212 DESIGNED AT: TEC DRAWN EN: J.S.c.
CHECKED BY: R.S.B.
DF: ANV 1064 C/135-B 2023 - 202301011467 04/24/2023 11:42 AM Page 20 of 31 EXHIBIT "A" & 6A ASHMORE ADDITION FINAL PLAT MARSHALL UNIVERSITY A-624 CITY OF TYLER SMITH COUNTνος BY: CHL FB.PS: COLLEGIA Q10005 ACPLAT.D E/281-C 000-000-0000 FAX: 108-854-0018 PrLand Bayer No. 2177, State of of the by makes and bad of OKy the Plan Dracter. Olty of Thor, Tovie ther the day of 21 116.33 Northeast corner of Lot Ba 015538 and with the taste of total of 17.3 font back to the PLACE OF to earner of Latte the Northwest center of Lat 7.
47.png
Olty of Thor, Tovie ther the day of 21 116.33 Northeast corner of Lot Ba 015538 and with the taste of total of 17.3 font back to the PLACE OF to earner of Latte the Northwest center of Lat 7.
47.png Interier owner of Lot 4NCE 1846t to a palet for corner, same petrt I berteile the Hart comar of lat 4, LCE 18-0 2013 0005コアミ Site Camkys 絲絲 the South Poe of Law of 112.30 fet so a point anding of South West and and with the Fast Bats of htt corner of Lat 7 NCB.
Lat Amano paint are hang the New earner of Lat B East line of Let earner of Lat 7 The Southerner of Lat the Marte of Drury Court, seme pot bang the opening of cine to the g are in the left Hith and the lettering of herd naring of North 723'31" and of 62.88red not fer camer, cold pata Put of ARBORE ADDITION 130-8 of the Plates of th Coυτής Α SURVEY Abelreet No. 634, City of Tyber Bertige en base on the Testate Plane Deerste Harth Castrel ve 4807, Κ.Α.Ο. 1883 athan rod found for the Southamtommer of Lot SA, some point being the Swthwest eamer of Lat 4 same point de bang THENCEthelete the right havde redus of 2000 Ft, and hang shard bearing of Herth 100813 et and a shard 1378e of 14.07 feat to be red and for cer, and pot de bang the baghning of and www to the left having reds of 460 County Sub Lat Atoboare pertatybastada Lot 9 being looted in the MARSHALL UNIVERSITY Let & Unofficial Copy the many of the State 2011 MOTE Auto Cambrend Road Trend Dilty Orthenon Pub and the City of Tyber uns tharend Agendages to and from the repesthe the's repmabatywitante prior to centrusting anyατός The piat apprette of patientes, nagulations and recent of t Soule 1-30 LOT SA of the ASHMORE ADDITION 30 60 30 MARSHALL UNIVERSITY A4 OWNER'S STARMOVE Let 4 Lot 7 5015325 E 118.19 R Lot 4195 Original Let the Η στο Ε 118.35 Ν.C.Β. 1548-B
lations and recent of t Soule 1-30 LOT SA of the ASHMORE ADDITION 30 60 30 MARSHALL UNIVERSITY A4 OWNER'S STARMOVE Let 4 Lot 7 5015325 E 118.19 R Lot 4195 Original Let the Η στο Ε 118.35 Ν.C.Β. 1548-B Lot & Lot 7 112.20 724327 N.C.B. 1548-C Lot 5 N224004 E Lot 3 Lot 2 Rockwood Dr.
Let 1 DEROMPTRON Not To Scole 0-1/2 ned Found (unincs others Plist Resendes of Count 22N Ashmore Addn.
Unit 1 VICINITY MAP W. Grande Blvd.
Forbes Rd.
Subject Tract Old Jacksonville Hry NEW KLONE REGISTERED PROFESIONAL LAND SURVEYOR L BURNEY WIDE UNDER MY RECTION AND NO. 1880, DO HEREBY CERTEY THAT THE PUT SHOEN HETEON SUMEPVIBON ON THE GROUND QURING THE MONTH OF UNDER UIT HAND AND SEAL THE J LF.LS. NO. 408 SUBSCRIBE AND SHORN TO PURE ME A HORARY PUBLIC IN THE SOUTE OF TEXAS HOL M MOK, THEREFORE, NON ALLY THESE PRESORS Tyler. Tomes,wddn through 2 ants plet. t WESS, me hende melhor of Song 2023 202301011467 04/24/2023 11:42 AM Page 21 of 31 EXHIBIT "A" HWY.)
PL ..........
COURS ..........
ASH ANE ROCKWOOD DRIVE (18 OK TOP) CALLE DAMAGE TRACT 1404/ CALLAD SUBKORED AND SHORN TO BERORE ME A Mary PUBLIC, IN AND FOR THE SOURE OF TENIS, Thee 1 Day of July 1908 APPROVED THE CITY PLANNING ZONIME COMMNESION OF FILER, TEXAS Dity of Xi 6-6-47 JUN 16 1997 Y RECORDED IN CARNET DE 125-C OF THE PLAT CORO OF COUNTY TEXAS DAVE - DENOTES 1/2 WON 100.
COMECOND TO CHANGE LOF HUMBERS NCA WHEN RECORDED THIS FLAT REPLACES INAT CERMIN PLAT OMDED IN CAUNETEL • CORRECTED.
FINAL PLAT ASHMORE ADDITION UNIT II 6.717 ACRES MARSHALL UNIVERSITY SURVEY, A-624 TYLER, SMITH COUNTY, TEXAS 1 OF 1 SHEET NO.
COPTRACT NO.
DATE REMARKS REVISIONS 100 100 200 300 Ft * CORRECTED FINAL PLAT ASHMORE UNIT II MARSHALL UNIVERSITY SURVEY A-624 TYLER, SMITH COUNTY, TEXAS Surveying 5003 Deerbrook Drive Tyler, Taxas 78703
TRACT NO.
DATE REMARKS REVISIONS 100 100 200 300 Ft * CORRECTED FINAL PLAT ASHMORE UNIT II MARSHALL UNIVERSITY SURVEY A-624 TYLER, SMITH COUNTY, TEXAS Surveying 5003 Deerbrook Drive Tyler, Taxas 78703 CHECKED PR: KLK DATE: 4-29-00 SCALE: -100 C/185-C / DOVER 2-26-89 D/37-D CHECKED BY KLK DATE: BEERMED EN KLIK.
KLK VICINITY MAP (903)581-7800 Fax (903)681-3700 Planning FINAL PLAT SHOWING ASHMORE UNIT IN MARSHALL UNIVERSITY SURVEY A-624 TYLER, SMITH COUNTY, TEXAS Surveying 14063 Paluxy Drive Tyler, Tezas 75703 K.L. KILGORE & CO., INC.
APR 1999 FINAL PLAT ASHMORE ADDITION UNIT III 38 LOTS 11.0 ACRES MARSHALL UNIVERSITY SURVEY, A-624 TYLER, SMITH COUNTY, TEXAS 100 0 100 200 20 TYPICAL LOT SETRACKS REVISIONS MO DATE REMARKS CONTRACT NO.
98104 SHEET MO INER FLAT OF RECORD AMMORE оилов асыл / Sup 1 or 1 OF COWET, TEMER DAT RECORDED CARNET DE 31-D or HE HAS AMER D 4-6-99 APPROVED OF THE ORYA зони соммE OF TYLER TEME *Unofficial Copy HOTE AND MEDITY OF TYLER ARE HER TE DAVE AND ARADERONAL NO AGUNCENT TO THE PRE-OF-WAT EXCEPT THE ON CORNER LOTS (LOTS THIS PLAT) THERE SHALL ONLY A B ACCETIONAL SAREMENT 17.33 LAME LANE near 18 1STHDAY OF WAREN, 180 AND STORE CAY FUBLIC, IN AND FOR HOW, RAEREFORE, ALLEN BY THESE POT MY HAND AND SEAL THIS THAT OF FEBRUARY TO A HORRY PUBLIC, AND SHOFP180 ON THE GROUND BURING EXHIBIT "A" 2023 202301011467 04/24/2023 11:42 AM Page 22 of 31 CHED KLK.
D/142-D жы KLIK K.L. KILGORE & CO., INC.
Mapping (0033081-7800 Fax (0030081-3780 Planning Surveying DESIGNED IT: KLK VICINITY MAP سه Cu 10 care TRO INSERT "A" 4/ ROCKWOOD DRIVE * 1226/3 118.4 DALLDA Unofficial Copy FINAL PLAT SHOWING ASHMORE UNIT IV MARSHALL UNIVERSITY SURVEY A-624 TYLER, SMITH COUNTY, TEXAS 8712 Pakory Drive Tyler, Teuma 78706 REASONS REMARKS CONTRACT NO 104 1 of 1 SHEET NO.
30 Pet
fficial Copy FINAL PLAT SHOWING ASHMORE UNIT IV MARSHALL UNIVERSITY SURVEY A-624 TYLER, SMITH COUNTY, TEXAS 8712 Pakory Drive Tyler, Teuma 78706 REASONS REMARKS CONTRACT NO 104 1 of 1 SHEET NO.
30 Pet FINAL PLAT ASHMORE ADDITION UNIT IV 43 LOTS - 13.614 ACRES MARSHALL UNIVERSITY SURVEY, A-624 TYLER, SMITH COUNTY, TEXAS 100 100 THE CITY OF LOTS LOTS THE PLAT ART ONLY A S ADOMONAL AND ONCOR ELECTRIC ENTEX INC. SOLANTERN FELL DURE/20 OF THE PUT RECORDS 1/2 RON ROB 10.
of TYPICAL LOT SETBACKS 20742-02 ON THE OF #erwt APPROVED BY THEORY PLAN осевом оF TYLER, ROWE TY PUBLIC Teme youtyM SUBSCRIBED ANY PUBLIC, IN AND POR L PLAY APR 4 2002 March, COUNTY CLERK 174 2 ----none of the TH APORE HOW ALL ME BY THERE PRE The start TONS www 33 OF MARCH, 2002.
SUBONDED AND SPOR ME, A NOOWY PUBLIC, IN THE STAY OFWACH, 2008 L. KUBORE T 2023 202301011467 04/24/2023 11:42 AM Page 23 of 31 EXHIBIT "A" 2023 202301011467 04/24/2023 11:42 AM Page 24 of 31 EXHIBIT "A" ANTONIA FORARY PUBLIC, THE MODE OF ROME, THE APPL HOW, THORPOAL ALLEN BY THE ---F2 28 May M COMMIFY, TOWE CONTRACT HO SHEET NO.
1 of 1 PAD .2003.
ME A HORRY PUBLIS AISONG DATE RE REMARKS Resubdivision Plat Showing Lots 14 and 17, N.C.B. 1548-G Ashmore Unit III and IV Tyler, Smith County, Texas KLKligore & Ca Inc.
TYPICAL LOT SETBACKS 10 101 67121 Tyler, T жы VICINITY MAP Unofficial Copy FOR MARSHALL UNIVERSITY SCRAS 18 37-0 129.00 2.334 47.3 7.23 17-A 10 216.11 $242 ASHMORE LANE D/192-C KUK 2003-20026942 N EXHIBIT 2023 - 202301011467 04/24/2023 11:42 AM Page 25 of 31 Field Notes For Baker Realty Group, Inc.
22.54 λoτex Hairston Tract BEING a 22.54 Acre Tract in the Marshall University Survey, A-624, Smith County, Texas, and being part of a called 22.678 acre tract
Field Notes For Baker Realty Group, Inc.
22.54 λoτex Hairston Tract BEING a 22.54 Acre Tract in the Marshall University Survey, A-624, Smith County, Texas, and being part of a called 22.678 acre tract described in a Decrae in Partition in the 114th Judicial District Court, Cause No. 26, 846-8, styled Fannie Shelton, at al, vs. Ella Mae Knight, et al: BEGINNING at a 1/2-inch iron rod found under pavement of C.R. #161 at the Northeast corner of said 22.678 acre tract and also being the Northwest corner of a called 0.94 acre tract described in a Deed to Larry Turman in Volume 1234, Page 288, of said Smith County Land Records!
2,025.14 feat.
THENCE south 1 degree 24 minutes 52 seconds West with the East boundary line of said 22.678 acre tract, same beles the West boundary line of Spring Creek Additian (unrecarded to a 1/2-inch iron rod found at the Southeast corner o 22.678 acre tract and being on the North boundary line of acalled 10.00 acre tract described in a Deed to Floyd G. Wale in Volume 1901, Page 196, of said Smith County Land Records: THENCE North 88 degrees 24 minutes 14 seconds Wes with the south boundary line of said 22.678 acre tra the North boundary line of said 10.00 acre trace to a rod found at the Southwest corner of said 22.679 α being the Northerly Northwest corner of said 10000 432.91 same inch and feat with 2-inch iron Unofficial Copy THENCE North 1 degree 31 minutes 45 secons Ras the West boundary line of said 22.678 acre rod found at the Southeast corner of a cal described in a Deed of Trust from Young of Tyler, Texas, Inc. to James D. VanDeventer, Tastes, recorded in Volume 3263, Page 762, of said Smith County Land Records; THENCE North 1 degree 19 continuing with said Wast with the East boundar 11 3/4-inch bolt found at 192 acra tract
eventer, Tastes, recorded in Volume 3263, Page 762, of said Smith County Land Records; THENCE North 1 degree 19 continuing with said Wast with the East boundar 11 3/4-inch bolt found at 192 acra tract istian Association ds East-604.30 feat tarine of 22.678 aare tract and 11.3092 acre tract to a same; THENCE North 1 degres 2 пите 19 seconds East - 414.77 fest continuing with said Wast Dendary line of 22.678 acra tract and East boundary line Ad 121092 acre tract to a 1/2-inch iron rod set at the Netheas corner of said 11.3092 acre trast and being an carne of sad. 22.678 acre tract, FXHIBIT "B" 2023 202301011467 04/24/2023 11:42 AM Page 26 of 31 THENCE North 60 degrees 43 minutes 53 seconds West 476.24 Laet continuing with said West. boundary line of 22.678 acre tract and with the North boundary line of said 11.3092 acre tract to a 1/2-inch iron rod sat at the Southeast corner of a called 0.110 acre tract described in a Dead fram J. D. Hairston to The State of Texas in Volums 2817, Page 34, of said Smith County Land Records, and being on the East right-of-way of F.M. 24931 THENCE North 30 degrees 47 minutes 36 seconds East 134.00 fant with said East right-of-way of F.M. 2493 and the East boundary line of said 0.110 acre tract to a 2/2-inch iron rod set at an angle point in same: THENCE North 61 degrees 42 minutes 44 seconds East - 90.66 feet continuing with said East right-of-way of F.M. 2493 and E表会で boundary line of said 0.110 acre tract to a 1/2-inch iron rod sat on the North boundary line of said 22.678 acre tract and being the South edge of the pavement of C.R.#161; THENCE south 88 dagreas 31 minutes 17 seconds East -709.2 Last with the North boundary line of maid 22.678 generally with the South edge of C.R.#161 to the Pront of Becinning
the pavement of C.R.#161; THENCE south 88 dagreas 31 minutes 17 seconds East -709.2 Last with the North boundary line of maid 22.678 generally with the South edge of C.R.#161 to the Pront of Becinning containing 22.54 Acres of Land.
Unofficial Copy EXHIBIT "B" 2023 - 202301011467 04/24/2023 11:42 AM Page 27 of 31 Paga 718, said brass disk being on F.M. 2493; THENCE North 29 degrees 14 THENCE North 28 degrees 16 minutes 07. seconds East continuing with said South boundary line of 11.3092 acttract and the East boundary line of said 2.427 acre tract 120.53 an all corner of said 11.3092 acre tract: continuing with said South boundary Line tract and the North boundary line of said THENCE North 60 degrees 54 ainutes 28 seconds was brass disk found at the Southeast corof tract described in a Deed to The Stars of Texas in Valume 1005, fest acre tract to called.0.193 acre 11,122 λοтва "YKCA Tract" BEING a 11.122 Acre Tract in the Marshall University Survey, A-624, Smith County, Texas, and being part of a called 11.3092 acre tract described in a Dead of Trust from Young Men's Christian Association of Tyler, Texas, Inc. to Janes D. VanDeventer, Trustse, recorded in Volume 3263, Page 762, of the Saith County Land Records: BEGINNING at a 1/2-inch iron rod found at the Southeast corner of said 11.1092 acre tract and being on the West boundary line of a called 22.678 acre tract, said 1/2-inch iron rod also being the Northeast corner of a called 9.032 acre tract described in a Daed to A. E. Shull in Volume 2594, Page 25, of said Smith County Land Records, THENCE North 54 degrees 30 minutes 16 seconds West 580.70 with the south boundary line of said 11.3092 acre tract an North boundary line of said 9.032 acre tract to a 1/2-inch i found at an all corner of said 11.3092 acre tract and ba
16 seconds West 580.70 with the south boundary line of said 11.3092 acre tract an North boundary line of said 9.032 acre tract to a 1/2-inch i found at an all corner of said 11.3092 acre tract and ba Northeast corner of a called 2.427 acre tract described in to Mt. Zion Primitiva Baptist Church in Volume 1962, Page 61 waid Smith County Land Records, Baxer Realty Group, Inα.
Field Hotes For with the East boundary the East right-of-way angle point in sama; THENCE North 30 degresя 47 continuing with sai East right-of-way F.M.
North boundary lineof sa said 193 acre tract, same being 93 to a brass disk found at an utas 16 seconds East 206.30 feet boundary line of 0.193 acre tract and 493 to a 1/2-inch iron rod set on the 11.1092 acre tract: Unofficial Copy st right-of-way of East 311.98 feet EXHIBIT 2023 202301011467 04/24/2023 11:42 AM Page 28 of 31 THENCE Sauth 60 degrees 43 minutes 53 seconds East - 476.24 feat with said North boundary line of 11.3092 acre tract to a 1/2-inch iron rod sat at the Northeast corner of same and being an all corner of said 22.678 acre tract: THENCE South 1 dagree 24 minutes 19 seconds West 414.77 feet with the East boundary line of said 11.3092 acre tract, same being the West boundary line of said 22.678 aare tract to a 3/4-inch bolt found at an angle point in sexe, THENCE South 1 degree 19 minutes 19 seconds West 604.30 Leat continuing with said East boundary line of 11.1092 sare tract and West boundary line of 22.678 aore tract to the Point of Beginning containing 11.122 Adres of Land.
Unofficial Copy EXHIBIT "B" 2023 - 202301011467 04/24/2023 11:42 AM Page 29 of 31 All that certain lot, tract or parcel of land, part of the Marshall University Survey, Abstract No. 624, Smith County, Texas, being all of
BIT "B" 2023 - 202301011467 04/24/2023 11:42 AM Page 29 of 31 All that certain lot, tract or parcel of land, part of the Marshall University Survey, Abstract No. 624, Smith County, Texas, being all of certain called 9,032 acre tract deseribed in a deed bed A. E.
Shull & Co. Defined Benefit Plan to Eppler, Querrin & Turner, Inc., Custodian for the Benefit of A. E. Shull Account No. 080-260441-1-9 on February 9 9, 1989, recorded in Volume 2888, Page 500 of the Land Records of Suith County, Texas, and being more completely described as follows, to witr BEGINNING at a 1/2" Iron Rod (found) for the Southwest corner of the above mentioned 9.038 core tract, the Northwest corner of the Margaret Stanley 18 sore tract described in Volume 8302, Page 895, in the East Right-of-Way of the Old Jacksonville Highway; THENCE North 20 deg. 11 min. 26 seo. East with the East Right-of-Way of said Old Jacksonville Highway, the West line of said 9,032 acre tract, a distance of 428.28 ft, to a 1/2" Iron Rod (found) for the Northwest corner of sam合。 de, the Southwest corner of the Mt. Zion Primitive Baptist Church 2.427 sore tract; THENCE South 34 deg. 33 min. 35 sec. East with the North line of said 9.032 sore tract, the South line of said 2.427 aore tract, the Easterly South Line of a 6.3161 acre tract described in dead to the Y.M.C.A. on June 21, 1984, recorded in File No. 22782 of the Records of the County Clark of Smith County, Texas, a distance of 970.76 t, to a 1/2" Iron Rod (found) for the Southeast corner of same, the Northeast corner of said 9.002 sore tract, in the West line of the J.
D. Hairston 11.229 sore tract described in Volume 3400, Page 817; dista THENCE South 01 deg. 16 міл. 44 seo. West with the West line of 11.228 acre tract, the East line of said 9.032 aore tract
the J.
D. Hairston 11.229 sore tract described in Volume 3400, Page 817; dista THENCE South 01 deg. 16 міл. 44 seo. West with the West line of 11.228 acre tract, the East line of said 9.032 aore tract of 364.49 ft. to a 1/2 Iran Rod (found) for the Southerner sane, the Northeast corner of said 18 acre tract; THENCE North 60 deg. 47 min. 11 $90. Went with the Soutline of 9.032 more tract, the North line of said 18 aore tract, 144.55 ft, to the place of beginning, containing 9.0 land. Said tract being the same land same land described in General Wa distano of dated 1-5-96 from Principal Financial Securities inc. (fka Eppier, Guarrin & Tumer, Inc.) Custodian for the benefit of A. E. 11 IRA Account. No.
080-280441-1-9 to Rauscher Pierce Rafanes, Inc. record in Volume 3823, Page 730, Official Public Records of Smith Counk Tex Unofficial Copy 2023 - 202301011467 04/24/2023 11:42 AM Page 30 of 31 ASHMORE HOMEOWNERS ASSOCIATION TYLER, TEXAS The proposed restated and amended protected covenants and bylaws were posted on the Ashmore website on 3-30-23. The membership was advised of this posting via email on 3-30-23. A Homeowners meeting was conducted on 4-13-23 to discuss the covenants/by| and voting procedure. Please mark your ballot, sign, date, an re BALLOT .. CO Proposed Action to Approve the Restated and n Bylaws FOR N Restated and Amended Protective Proposed Action to Covenants S NAME DATE ADDRESS 2023 - 202301011467 04/24/2023 11:42 AM Page 31 of 31 Smith County Karen Phillips Smith County Clerk 301011467* “VG-15 G-151-2023-202 Document Number: 202301011467 Real Property Recordings RESTRICTION Recorded On: April 24, 2023 11:42 AM Number of Pages: “ Examined and Charged as Follow; Total Recording: $142.00
7 Real Property Recordings RESTRICTION Recorded On: April 24, 2023 11:42 AM Number of Pages: “ Examined and Charged as Follow; Total Recording: $142.00 Any provision herei ricts the Sale, Rental or use of the described REAL PROPERTY b gar race is invalid and unenforceable under federal law.
File Information: Document N F 309011467 Receipt Numb 30424000069 Recorded Date/Ti pril 24, 2023 11:42 AM User: Suni W su Ny, STATE OF TEXAS Ain “, Smith County ; ; i os % I hereby certify that this Instrument was filed in the File Number sequence on the date/time S ° printed hereon, and was duly recorded in the Official Records of Smith County, Texas IN Karen Phillips ° Haag yy Smith County Clerk hitgos Smith County, TX