vot 3085 pac: 629 95-R0024264 ‘} DECLARATION OF COVENANTS AND RESTRICTIONS Filed for Record in: SMITH COUNTY, OF MARY MORRIS - COUNTY CLERK On Jul 25 1995 At 3:52pe Deputy - Jennette DEER RUN follows; THIS DECLARATION made by MASTER SPL EVELOPMENT, INC., a Texas corporation, hereinafter lled e "Developer," as 8 : WHEREAS, Developer is the the real property described on Exhibit A attached he desires to create thereon a residential communitygwi areas and facilities for the ires to (1) provide for the preservation iem in said community; (2) provide for the maintenance of th areas and facilities; and (3) subject the property hereig t covenants, restrictions, easements, charges and liens herg a or Set forth for the benefit of the property and WHEREAS, Dev, of the values and ASN@peveloper will cause to be incorporated under the State of Texas, as a non-profit corporation, WHITE TAIL ASSOCIATION, INC., d/b/a DEER RUN HOMEOWNERS N, for the purposes hereinafter set forth; THEREFORE, the Developer declares that the real property described herein shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens hereinafter set forth.
vot BO86 psc: 50 ARTICLE I DEFINITIONS SECTION 1. The following words shall have the following meanings when used herein unless the context clearly indicates otherwise: (a) Architectural Control Committee. The committee appointed by the Board of Directors of the Associ (b}) Association. The WHITE TAIL ASSOCIATION, INC., d/b/a DEER RUN HOMEOWNERS ASSO successors and assigns.
(c) Board of Directors. The B rectors of the Association.
rope wned by the nt o he owners.
(ad) Common Area. Al Association for the common use and enjo of la upon any plat of the exception of the common (e) Lot. Any plo
ors. The B rectors of the Association.
rope wned by the nt o he owners.
(ad) Common Area. Al Association for the common use and enjo of la upon any plat of the exception of the common (e) Lot. Any plo the subdivision of the property wi area.
(£) Member , persons or entity who holds membership in sha BESO Associ ., ecord owner or owners of the fee simple title to any ly which 4 part of the property.
- fhe real property subject to this Exhibit A attached hereto or any under the provisions hereof.
declaration desc supplemental decl ARTICLE ITI AND VOTING RIGHTS IN THE ASSOCIATION 1 Membership. Every person or entity who is a of a lot shall be a member of the Association. The is not intended to include persons or entities who hold st merely as security for the performance of an ob1r n. Membership shall be appurtenant to and may not be separated from ownership of any lot.
SECTION 2. Voting Rights. The Association shall have two classes of voting membership: a Class A. Class A members shall be those owners as defined in Section 1 hereof with the exception of the Developer.
Class A members shall be entitled to one vote for each lot in which they hold the interests required for membership by Section 1. In no event, however, shall more than one vote be cast with respect to any one lot.
0 Class B. The Class B member shall be the D tT le to holds hip by hat the become The Class B member shall be three votes for each lot in the interest required fog Section 1, Article II, Class B membership converted to Class at such time as the Developer s co yed seventy-five percent or more of e lo to other owners.
ARTICLE nN GENERAL DUTIES AND RESINS OF THE ASSOCIATION SECTION 1. The eS 1 have the following duties t and responsibilities in co with the property:
enty-five percent or more of e lo to other owners.
ARTICLE nN GENERAL DUTIES AND RESINS OF THE ASSOCIATION SECTION 1. The eS 1 have the following duties t and responsibilities in co with the property: vamon and maintenance of the common (a) e areas; and taWlishing and enforcing rules, procedures and regulations n use, Maintenance and appearance of the property for t e it of the owners.
ARTICLE IV ASSESSMENTS SEQ@MEON 1. Creation of Lien; Personal Obligation of A sm Ss. The owner of each lot, by acceptance of a deed the y shall be deemed to covenant and agree to pay to the Association monthly assessments or charges and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, and such amount shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment or special assessment is made. Each such 3 yo 3686 exc: 32 assessment and special assessment, together with interest thereon and costs of collection thereof, shall also be the personal obligation of the person who was the owner of the property at the time such assessment or special assessment was made.
SECTION 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purposes set forth in Article III hereof, for the payment of professional management fees, liability insurance premiums, legal and accounting fees incurred by the Association, real property taxes and utility costs assessed against the common areas and for such other purposes as the Association may deem proper and appropriate.
SECTION 3. Monthly Assessments. The initial ly assessment for each lot, other than lots owned by thg ; shall be $25.00. The Developer's lots shall not @&
e Association may deem proper and appropriate.
SECTION 3. Monthly Assessments. The initial ly assessment for each lot, other than lots owned by thg ; shall be $25.00. The Developer's lots shall not @& monthly assessments. The Board of Directors may de for discounts of the monthly assessments if paid ig terms and conditions as the Board of Diy appropriate.
SECTION 4. Change in Basis of Asse@mment The Association may change the assessment fixed by Secti of by the assent of a majority of the votes of all m ers e voting in person or by proxy, at a meeting duly cal for this purpose, written notice of which shall be sent to al ers not less than ten nor more than fifty days in advance g forth the purposes of the meeting. * SECTION 5. Special Ass or Capital Improvements. In addition to the monthl ments authorized above, the Association may levy endar year, a special assessment applicable to that for the purpose of defraying, in whole or in part, ,t any construction or reconstruction, unexpected repair la ent of a described capital improvement upon the common a 1 uding the necessary fixtures and personal property related t to¥ provided, that, any such assessment shall have the asse a jority of the votes of all members who are voting in pe by proxy at a meeting duly called for this purpose, wit ice of which shall be sent to all members not less tha S nor more than fifty days in advance of the meetj forth the purposes of the meeting.
t1 6. uorum for any Action Authorized Under Sections 4 any membership meeting the purpose of which is to levy assessment for capital improvements as authorized by hereof, or the purpose of which is to change the monthly assessment fixed by Section 3 hereof, the presence, whether in person or by proxy, of members entitled to vote not less than fifty
uthorized by hereof, or the purpose of which is to change the monthly assessment fixed by Section 3 hereof, the presence, whether in person or by proxy, of members entitled to vote not less than fifty percent of all votes shall constitute a quorum for the transaction of business. If the required quorum is not present, another meeting may be called within forty-five days of the preceding 4 vot 3685 px: 633 meeting, subject to the same notice requirement, and the required quorum at such subsequent meeting shall be one-half of the required quorum at the preceding meeting.
SECTION 7. Effect of Non-Payment of Assessment. The Personal Obligation of the Owner. The Lien. Remedies of the Association.
If the assessments are not paid on the date when due, then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then owner, his peirs, devisees, personal representatives and assigns. The p onal obligation of the then owner to pay such assessment, howe all remain his personal obligation for the statutory perioga all not pass to his successors in title unless expressl um by them.
fter the he date and the wner personally lien against the delinquent date, the assessment shall bear inte of delinquency at the rate of ten per Association may bring an action at law ag obligated to pay the same or to forecl property, and there shall be added to the f such assessment the cost of preparing and filing t omp1 n such action, and in the event a judgment is obtaine uch judgment shall include interest on the assessment as a ovided and a reasonable attorney's fee to be fixed by th (3 gether with the costs of
p1 n such action, and in the event a judgment is obtaine uch judgment shall include interest on the assessment as a ovided and a reasonable attorney's fee to be fixed by th (3 gether with the costs of the action.
OL O Se escape liability for the G non-use of the common area or 1 of the Lien to Mortgages. The lien for herein shall be subordinate to the Sale or transfer of any lot shall not No owner may waive assessments provided for abandonment of his lo@ SECTION 8.
of the assessmen lien of any first affect the assessme However, the sale or transfer of any lot pursuant 4g ge foreclosure or any proceeding in lieu thereof, inguish the lien of such assessments as to payments w .° e due prior to such sale or transfer. No sale 3 relieve such lot from liability for any asse eafter becoming due or from the lien thereof.
ARTICLE V ARCHITECTURAL CONTROL COMMITTEE SECTION 1. Review by Committee. No structure, whether residence, accessory building, tennis court, swimming pool, pier, boat house, antennae (on a structure or on a lot), flag poles, fences, walls, exterior lighting, mail boxes, or other 5 improvements, shall be constructed or maintained upon any lot and no alteration or repainting to the exterior of a structure shall be made and no landscaping, including curb cuts, performed unless complete plans, specifications, and lot plans therefor, showing the exterior design, height, building material and color scheme thereof, the location of the structure plotted horizontally and vertically, the location and size of driveways, the general plan of landscaping, fencing, walls and windbreaks, and the grading plan shall have been submitted to and approved in writing by the Architectural Control Committee, and a copy of such plans,
general plan of landscaping, fencing, walls and windbreaks, and the grading plan shall have been submitted to and approved in writing by the Architectural Control Committee, and a copy of such plans, specifications, and lot plans as finally approved deposited with the Architectural Control Committee. The Architectural ntrol Committee shall be composed of two or more represen appointed by the Board of Directors of the Association.
SECTION 2. The Architectural Control Committee its best judgment to see that all improvements, uction, landscaping and alterations on lands within the p “ee Onform to and harmonize with existing surroundings and s rol Committee SECTION 3. Procedures. The Archi sts within fortyshall approve or disapprove ali plans a five days after submission. In the event itectural Control Committee fails to take any actiom with? y-five days after requests have been submitted, app 1 will not be required, and this Article will be deemed to have n fully complied with.
ura re eaA trol Committee shall not be g requests for approval or eason of any action, failure ailure to approve or disapprove SECTION 4. The Architegtu liable in damage to any pers to any owner within the prope to act, approval, disappro » with regard to such Tyee Ss.
een VI HT TO ANNEX ADDITIONAL PROPERTY bj@ct to the approval of any and all appropriate Hes having jurisdiction, Developer hereby oO annex, subdivide and plat additional adjacent er to develop such property as part of DEER RUN.
SECTION governmental reserves property, ARTICLE VII COVENANT TO DEVELOP SECTION 1. By acceptance of a deed for a lot, each owner covenants and agrees to complete the construction on and/or development of such lot, including landscaping, as a single-family
ENANT TO DEVELOP SECTION 1. By acceptance of a deed for a lot, each owner covenants and agrees to complete the construction on and/or development of such lot, including landscaping, as a single-family residence in accordance with these covenants and all applicable 6 YOL 3685 PAGE 635 governmental ordinances and requirements within two years from the date of the deed to the lot from the Developer to the original owner. The Developer reserves the right, title and privilege to repurchase the lot at eighty percent of the original purchase price of the lot paid to the Developer if construction of the improvements has not been initiated within eighteen months after the conveyance of the lot by the Developer. Such repurchase option shall be exercised by the Developer giving thirty days' prior written notice to the current owner of the lot. Such notice shall specify the time, date, and place of repurchase of the lot and shall have attached thereto the form of deed to be used to convey the lot to Developer.
ARTICLE VIII ADDITIONAL COVENANTS AND RESTRICTIONS llowing EER RUN SECTION 1. Limitation to Phase I of Deer R covenants and restrictions shall apply on Subdivision: of The covenants, shall constitute covenants running with the land an sons or entities acquiring property in the subdivision, whether urchase, descent, devise, gift or otherwise, and each perso eMmaity, by the acceptance of title to any lot within te ge vi ” shall thereby agree and covenant to abide by and pe covenants, conditions and restrictions as set forth here (b) ent#l” Lots. All lots in the subdivision shall be and described as residential lots.
1 be erected, altered, placed or permitted to rem residential lot other than a singlei i i and, if any, its customary and usual
ll lots in the subdivision shall be and described as residential lots.
1 be erected, altered, placed or permitted to rem residential lot other than a singlei i i and, if any, its customary and usual less prohibited elsewhere herein. No on any residential lot shall exceed two No lot may be subdivided into two or more lots.
accessory struct building or 8s stories in hej c) Minimum Floor Space. Each one story dwelling d ny residential lot in the subdivision shall contain f one thousand eight hundred square feet of covered exclusive of all porches, garages or breezeways o the main dwelling. Each one and one-half story or two elling constructed on any residential lot in the jon shall contain a minimum of two thousand square feet of covered floor area, exclusive of all porches, garages Or breezeways attached to the main dwelling. For Lots 1, 3, and 4 in Block 31 and Lots 7-24, Block 1, each dwelling constructed thereon shall have a minimum of two thousand square feet of covered floor area, exclusive of all porches, garages or breezeways attached to the main dwelling.
(d) Garages. Each single-family residential dwelling erected on any lot within the subdivision shall provide conventional residential garage space for a minimum of two automobiles. Each garage shall open to the rear or side of the residential lot so as not to directly face the residential street or adjacent common area, unless otherwise expressly permitted by the Architectural Control Committee. Driveways shall be constructed of concrete or other material expressly approvedgby the Architectural Control Committee.
(e) Setback Requirements. No Structure of any type shall be erected on any resid the subdivision nearer to the front property line th or in y et
ressly approvedgby the Architectural Control Committee.
(e) Setback Requirements. No Structure of any type shall be erected on any resid the subdivision nearer to the front property line th or in y et No building or structure shall be erected nea e side property line than ten feet. No part of any bui tructure may be built any closer than sixty feet from the br rty line of any lakefront lot, or twenty feet from such lot. No portion of any structure such shall encroach upon another residential tins (f£) Fences. No nce, or hedge shall be erected, placed or altered on any 1 earer to any street than the minimum building setback line indicat n the recorded plat of the subdivision. No fence, wall or hall exceed six feet in height. All clothes lines s i acilities must be enclosed within fences, walls or lan i as not to be visible from the immediate residential st adjacent common area. All fences must be of wood c Fon or other material expressly approved by the Archi trol Committee, except that fences constructed on lake ill be of brick and wrought iron construction and co ns and specifications established by the Architectura mmittee in order to provide uniformity of construction, e the beauty of the lake and protect the view of the lake jacent property owners. However, no clothes lines, servicg bties, fences, walls or hedges shall be erected, placg ltered on any residential lot which borders the common area the approval of the Architectural Control Committee il (g) Signs, Business. No sign or signs shall be the public view on any residential lot, except that: ullder, during the applicable initial construction and od, may utilize one professional sign (of not more than are feet in size) per lot for advertising and sales
on any residential lot, except that: ullder, during the applicable initial construction and od, may utilize one professional sign (of not more than are feet in size) per lot for advertising and sales purposes; (ii) thereafter, a dignified "for sale" or "for rent" sign (of not more than nine square feet in size) may be utilized by the owner of the respective residential lot for the applicable sale or rent situation. No business shall be conducted from any residence except as may be approved by the Architectural Control 8 vot 3685 rc: 6377 Committee. The foregoing shall not apply to the Developer during the construction, development, marketing, and sale of lots in the subdivision.
(h) Septic Systems. All septic systems shall be Aerobic Systems or such other systems as may be expressly approved by the Architectural Control Committee in writing.
(i) Temporary Structures and_ Vehicles. No temporary structure of any kind shall be erected or placed upon any lot in the subdivision. Temporary structure shall include, be limited to, any garage, servant's house or other impr erected more than one hundred twenty days prior to the of the main portion of the single-family dwelling.
person or entity engaged in the sale of lots or in the of improvements thereon may maintain tempor construction offices; provided such sales or constru offices are removed within thirty days after comple OM™msales or construction, as the case may be.
ailer, truck, Oobile, pickup or.
stored, placed or Any boat, bus, camper, campmobile, actog, pop-up camper, or any vehicle other tha van, if brought within the subdivision, s parked within the garage of the pecti er. Further, no mobile home, motorhome, travel trai , or other vehicle, without limitation, which cannot be stored i conventional residential
n the subdivision, s parked within the garage of the pecti er. Further, no mobile home, motorhome, travel trai , or other vehicle, without limitation, which cannot be stored i conventional residential garage, as defined in Subsectio » “pill be brought into the subdivision. This gen ae apply to temporary parking of the aforementioned vehic subdivision for a maximum period of one week.
Motorcycles, mini-bikes not lic driven in the subdi on public roadways may not be CP four-wheelers, go-carts, and e Garbage; Weeds. No residential lot shall a dumping ground for rubbish, trash or garbage. All shall be kept in sanitary containers. No rubbish, tras Magarbage receptacles may be placed on any lot nearer to indicated ecorded plat of the subdivision.
ny time, an owner of any residential lot shall fail to , grass, and/or other unsightly growth, or rubbish, e purpose of mowing and cleaning said lot and shall have rity and right to assess and collect from the owner of said lot, a reasonable sum for mowing or cleaning said lot on each respective occasion of such mowing and cleaning. The assessment, together with such interest thereon and costs of collection thereof, shall be a charge on the land and shall be a continuing lien upon each lot against which each such assessment is made.
9 103686 r:0:638 Each such assessment, together with such interest thereof and cost of collection thereof, shall also be the continuing personal obligation of the person who was the owner of such lot at the time when the assessment occurred. Each and every owner of any lot within the subdivision, by the acceptance of a deed or other conveyance of such lot shall thereby covenant and agree to pay such assessments. The lien securing any such assessment shall be
of any lot within the subdivision, by the acceptance of a deed or other conveyance of such lot shall thereby covenant and agree to pay such assessments. The lien securing any such assessment shall be subordinate and inferior to the lien or any mortgage and any renewals or extensions thereof existing prior to the assessment date.
(k) Common Area. No vehicle, boat, str ure, fence, or sign described herein, nor tree, shrub, flowers,,or%ther article whatsoever, without exception, shall be p tly erected, stored or placed on the common area without of the Board of Directors.
(1) Offensive Activities.
offensive activity shall be conducted on any rq shall anything be done thereon which is or b or nuisance to the subdivision or any por livestock or poultry of any kind shall b any residential lot, excepts dogs, cats 0 thergmousehold pets may be kept provided that they are notgkept, or maintained for commercial purposes. Pets will bec ined to the owner's premises at all times, except when on leash a accompanied by the owner.
Further, no pit bulldogs or other lly dangerous pets shall be kept on any lot. The keeging obiles or other vehicles which are not in road-wort mn or which do not have a current inspection sticker or plate is prohibited. The warehousing of goods or s for commercial purposes is prohibited within thegsub@vi ' as is the exterior storage of any goods or materi a having in excess of twenty-five horsepower motors a | don Pleasure Acres Lake. No motors shall be allowed the private lake other than trolling motors.
an annoyance No animals, New Construction. All dwellings and »n any residential lot in the subdivision shall be new constr and consist of at least sixty percent brick or acceptabl eneer. Old buildings may not be placed on any
New Construction. All dwellings and »n any residential lot in the subdivision shall be new constr and consist of at least sixty percent brick or acceptabl eneer. Old buildings may not be placed on any lot gin he ubdivision, even if they satisfy all other 1l roofs on such dwellings and structures shall be rom wooden shingles, composition shingles having a eight of 3900 pounds per square or other material approved by the Architectural Control Committee. All must be enclosed with masonry or other material expressly approved by the Architectural Control Committee. At the commencement of construction, lot owner shall provide a portable toilet facility which shall be placed on the lot for use by workers. Lot owner will keep the street and adjacent lots free of building debris and litter at all times.
structures erg 10 vot S688 ps: 699 Upon commencement of construction of a dwelling, the project shall proceed in a timely and orderly manner until completion.
However, the dwelling, including landscaping, must be completed within a period of twelve months, or prior to occupancy of the dwelling, whichever occurs first. The Board of Directors reserves the right to assess penalties against the lot owner for delays in completion of a dwelling, including landscaping, in excess of twelve months.
Owners of lakefront lots will prevent erosion of soil into the lake, onto the common area and adjacent property during construction. In the event of unavoidable erosion, phase of construction. The Architectural Control Commi determine adequacy of such restoration. The landscag lakefront lots shall include sodding the rear twent lot.
(n) antennas, satellite dishes or other te (other than the smaller RCA type receive er types as may be approved by the Architectural Control Com on any lot.
s shall include sodding the rear twent lot.
(n) antennas, satellite dishes or other te (other than the smaller RCA type receive er types as may be approved by the Architectural Control Com on any lot.
No trees having a diameter y lot except as may be the express approval of (o) Tree Cuttin of four inches or more may be c necessary to construct a resigen the Architectural Control C j . All gas service supplied to e subdivision shall be supplied (p) any residence constructed by Lone Star Gas Com orcement. Enforcement of these hall be by a proceeding or proceedings iated by a person or persons owning any residential lo e subdivision or by the President of the Association u rdval by the Board of Directors, or by the City of Tyler, aga y person or persons violating or attempting to t or restriction herein contained, either to ion or to recover damages for the violation, or in such other relief for such violations as then y available. The Board of Directors shall have an right to enforce these covenants and restrictions by ng or proceedings at law or in equity.
covenants and res at law or in equi (r) Validity. Violation of or failure to comply with these covenants and restrictions shall not affect the validity of any mortgage, bona fide lien or other similar security instrument which may be then existing on any residential lot in the subdivision. Invalidation of any one of these covenants and 11 yor 3686 e640 restrictions, or any portion thereof, by a judgment or court order shall not affect any of the other provisions or covenants herein contained, which shall remain in full force and effect. In the event any portion of these covenants and restrictions conflict with mandatory provisions of any ordinance or regulation promulgated by
in contained, which shall remain in full force and effect. In the event any portion of these covenants and restrictions conflict with mandatory provisions of any ordinance or regulation promulgated by the City of Tyler, then such municipal requirement shall control.
Any deed or legal instrument (except deeds of trust, mortgages or other similar security agreements) purporting to convey, transfer or assign any interest in any land within the subdivision shail contain appropriate language to expressly subject the land within such conveyance, transfer of assignment to all the covenants and restrictions set forth herein. Words of any gender used i shall be held and construed to include any gender, and wo Singular number shall be held to include the plural, versa, unless the context requires otherwise. The cap = connection with paragraphs herein are for convenig shall not be deemed to construe or limit the meani herein.
wners of the e subdivision s) may amend the herein by filing fice of the County (s) Amendment. Ata legal title to seventy percent of the lo (as shown by the records of Smith Cou covenants, conditions and restrictions s an instrument containing such amen Clerk of Smith County, Texas.
(t) Variance Architectural Control Committee shall have the so porete authority to approve variances of the set-bacM/, 5B 6 g composition and other NO requirements as set forth her Ovided such variances do not adversely affect the harmo Antent of these covenants.
% n. These covenants, conditions and restrictions are to e land and shall be binding on all parties and all r s iming title in the subdivision for a period of twenty r om date of filing in the Land Records of Smith County, Tex h Primary Term"). At the expiration of the nants, conditions and restrictions herein
iming title in the subdivision for a period of twenty r om date of filing in the Land Records of Smith County, Tex h Primary Term"). At the expiration of the nants, conditions and restrictions herein e extended for successive periods of five trument providing otherwise is signed by a ers of the lots in the subdivision in whole or Primary term, shall automat years unless majority e in part.
E this the MO _ aay of , 1995.
MASTER PLANNING & DEVELOPMENT, INC.
MITCHELL R. CHANDLER, PRESIDENT 12 VoL 3685 PAGE 641 STATE OF TEXAS § § STATE OF TEXAS § This instrument was acknowledged before me on the ZO day of ibys 1995, by MITCHELL R. CHANDLER, President of MASTER ANNING & DEVELOPMENT, INC., a Texas corporation, on behalf of said corporation.
LA ; NOTAR Ic, Notary Public STATE OF TEXAS My Comm. Exp. 12-13-96 oe KAA 13 vo. BOSO act O42 EXHIBIT A TRACT ONE: All that certain tot, tract or parcel of land, part of the John G.
Abstract No.
Craft Survey, Abstract No. 276, James Nelaney Survey, 317, and the P, L. Milstead Survey, Abstract No. 712, Smith County, . Texas, being part of that certain called 87.187 acre tract described recorded in a deed from C. Aubrey Smith, Trustee to Rose Bowl, Inc., in Volume 1485, Page 785 of the Deed Records of Smith Cognty, Texas and being more completely described as follows, to-wit: BEGINNING at a 3/4" Tron Pipe (found) for the Northeas of the above mentioned 87.187 acre tract and John G. Craf in the Hills Subdivision, reco ume 5, West line of the Cheyenne Page 74 of the Plat records of Smith County, Tine of said Chey i] Subdivision 25, and South 01 Texas; THENCE Southerly with the West as follows: South Ot deg. O8 min. 45 se 1/2" Tron Rod (found) for the Northwest c er .
ounty, Tine of said Chey i] Subdivision 25, and South 01 Texas; THENCE Southerly with the West as follows: South Ot deg. O8 min. 45 se 1/2" Tron Rod (found) for the Northwest c er .
deg. O09 min. 23 sec. West - 1570.48 ft. t@a 1/ Iron Rod (found) for the Southwest corner of Lot 19; 00 sec. est with the East lftne of said t. to a 1/2" Iron Rod (found) THENCE South 00 deg. 05 min.
t Right-of-Way of a Road; 87.187 acre tract, a distance of 477.2 for the Southeast corner of same, i t, a distance of 60.59 ft. to o ast corner of a certain tract THENCE North 88 deg. 47 min. @ge olume 952, Page 562 of the Deed a 1/2" Iron Rod (found) for th conveyed to C.P. Lusk, recor Records of Smith County, Jex THENCE North 00 deg. 34m ec. East, with the East line of said tract, a distance - ft. to a car axle (found) for the Northeast corner of THENCE North 89 deg, in West, with the North line of said 5 ft. to an axle for the Northwest corner of tract, a distance same in the shore @ Df Pleasure Acres Lake as determined in 1989; 13 sec.
line of Pleasure Acres Lake THENCE North y with the 1989 shore as foallo th deg. JO min. West - 85.75 ft., North 14 deg. 56 min. 2 ft., North 73 deg. 18 min. West - 52.20 ft., South 63 de ~ Wrest - 44.72 ft., South 60 deg. 57 min. West - 102.96 ft., deg. O07 min. West - 97,08 ft., North 82 deg. 52 min.
West Ft., North 46 deg. 13 min. West = 166.21 ft., North 32 deg. West - 166.43 ft., and North 47 deg. 11 min. West Iron Pipe (found) for corner; VOL 3685 PAGE 643 THENCE North 23 deg. 24 min. 39 sec. East, at 25.00 ft. pass a 1/2" Southeast corner of a certafn tract conveyed to Jesse Iron Rod at the recorded in Volume 900, Page 67 of the Deed Records of Smith T. Kyles,
orth 23 deg. 24 min. 39 sec. East, at 25.00 ft. pass a 1/2" Southeast corner of a certafn tract conveyed to Jesse Iron Rod at the recorded in Volume 900, Page 67 of the Deed Records of Smith T. Kyles, County, Texas, and continue for a total distance of 293.49 ft. toa 1/2" Iron Rod (set) at the Northeast corner of said tract; the North line of said THENCE North 89 deg. 37 min. 48 sec. West, with for the tract, a distance of 303.45 ft. to a 1/2" Iron Pipe (found) Northwest corner of said tract; as follows: South 88 deg. 15 min.
distance of 384.18 ft. to the Northeast corner of the John tract described in Volume 941, Page 111, and South 86 deg.
sec. West a distance of 162.54 ft. to a 2" Iron Pip corner; 44 sec. West a owell, Jr.
3 min. 19 und) for THENCE Westerly THENCE North 06 deg. 59 min. 55 sec. West at 61.50 f. s e North the South f the P.L.
line of the James Delaney Survey and Milstead Survey and continue for a total distan 54 ft. to a 2" Iron Pipe (found) for corner; sec. Eas, a di ce of 520.23 ft.
THENCE South 82 deg. 41 min. 53 to a 2" Iron Pipe (found) for corner; THENCE North, a distance of 879.48 f ta Iron Rod (found) for corner in the North line of a certai .58 acre Tract 4, described in Volume T-10, Page 686 of the Deed of ust records of Smith County, Texas; THENCE North 89 deg. 55 min. 3 tract, a distance of 553.86 ft. () Northeast corner of said tra { Survey; ° ; + THENCE North 00 deg. mse survey, a distance 0. ft.
Northwest corner of , with the North line of said 1/2" Iron Rod (found) for the e West line of the John G. Craft c. East, with the West line of said to a 1/2" Iron Rod (found) for the 5 iin. O9.sec. East, with the North line of the distance of 1045.90 ft. to the place of 7.2929 acres of land.
THENCE South 98 d _ John G. Craft § beginning, contai
d to a 1/2" Iron Rod (found) for the 5 iin. O9.sec. East, with the North line of the distance of 1045.90 ft. to the place of 7.2929 acres of land.
THENCE South 98 d _ John G. Craft § beginning, contai yo. 3686 nsctO44 TRACT TWO: Reing out of the James DeLaney Survey, inated about 7.25 mileo S. 70 deg. 00 min, E. from the Smith County Courthouse, and being 4 part of the James DoLaney Survey, No. 226, and being more particularly described @s follows: BEGINNING nt an Lron pipe set 3,749.7 feet No 2,210.1 feet East from the Southwest corner of James DeLaney Survey, at a point 40 feet Sout North boundary line of naid survoy, and on t of Pleasure Acroo Lake, and from which ir Osk 16 inchen in dia. bro. S. 27 de feet, and a Pine 14 inches in dia.
15.4 feat; THENCE North 69 deg. 25 min. @ 40 South of and parallel with the NBL of the a James DoLaney Survey, 304.4 feet to an iron pip orner from which oa Hickory 10 inches in dia, br.
feet and a Post Oak 12 it e min. W. 36 feet; . A!
deg. 15 min. E. 20 a. brn. S. 25 deg. 00 THENCE South 13 dgq. nW?wW. 260.2 feet to an iron pipe for corner get ,o -haShore line of Pleanure Acreo * 9 inches in dia. bre. N. 6 f Lake from which ‘ deg. 15 min. and another Pont Oak 8 inches in dia. bre. N. 30 min. W. 15.2 feet; 30 min. W. along tho shore line of THENCE Nort e Acres Lake, 169.6 feet; the said P | 02 min. W., continuing along the phore THENCE said Pleasure Acres Lake, 82.5 foot; 1 t th 13 deq. 44 min. We, continuing along the ine of the said Plesoure Acren Lake, 128 feet to ce of boginning, containing 1.205 acres.
THE ore vot S686 pac: 645 TRACT THREE All that certain lot, tract or parcel of land situated in the P. L.
Milstead Survey, Abstract No. 712 and in the James Delaney Survey,
ng, containing 1.205 acres.
THE ore vot S686 pac: 645 TRACT THREE All that certain lot, tract or parcel of land situated in the P. L.
Milstead Survey, Abstract No. 712 and in the James Delaney Survey, Abstract No. 317, Smith County, Texas, being part of that certain called 72.591 acre tract conveyed by Housing & Urban Development to Chapel Hill Independent School District in Deed dated July 26, 1976, recorded in Volume 1583, Page 135 of the Deed Records of Smith County, Texas, and being more completely descri as follows, to-wit: BEGINNING at a 2” Iron Pipe found for the Northeast c d called 72.591 acre tract; THENCE South 1 degree 55 minutes 49 seconds Eag 874.50 feet to a 2" Iron Pipe found for the Most@# Corner of said called 72.591 acre tract; ance of utheast THENCE North 83 degrees 53 minutes 26 521.07 feet to a 2" Iron Pipe found called 72.591 acre tract; THENCE South 9 degrees 02 minute 127.46 feet to a 2" Iron Pipe fo ealled 72.591 acre tract; THENCE South 84 degrees a 1 244.38 feet to a 2" Iron called 72.591 acre trac THENCE with said@aspMalt minutes 15 Secogfs onds Mest, a distance of an l Corner of said seconds East, a distance of fox an Ell corner of said seconds West, a distance of Ond for an Ell Corner of said East Side of an Asphalt Road; ad East Side, North 14 degrees 15 istance of 336.01 feet to a 1/2” Iron 11 degrees 46 minutes 45 seconds East, to a 1/2" Iron Rod set for corner in the lied 72.591 acte tract; ° egrees 2] minutes 54 seconds East, a distance of the place of beginning and containing 15.176 acres STATE OF TEXAS COUNTY OF SMITH | hereby certify that this natrument was filed on the date and time slamped hareon by me.and was duly recorded in the Land Records of Smith County, Texas.
| a) JUL 251995 Aftar Recording Retum To: : MARY MORRIS
ertify that this natrument was filed on the date and time slamped hareon by me.and was duly recorded in the Land Records of Smith County, Texas.
| a) JUL 251995 Aftar Recording Retum To: : MARY MORRIS ROBERT E. HENRY, JR., PC. COUNTY CLERK, Smith County, Texas ATTORNEY AT LAW oy lads <Coabey Deputy 3304 S. Broadway, Suite 100 Tyler, Texas 75701