Covenants
DECLARATION OF PROTECTIVE COVENANTS
FOR
BIRCHMORE HILLS, SECTION TWO
BY : OCONEE BUILDERS, INC.
GEORGIA,)
OCONEE COUNTY. j
THIS DECLARATION OF PROTECTIVE COVENANTS, Made and
published this_ 29th day of March, 1982, by Oconee Builders, Inc., of Oconee County, Georgia.
WITNESSETH:
WHEREAS, Oconee Builders, Inc. is the owner of property known as BIRCHMORE HILLS, SECTION TWO, a residential subdivision located on Daniell's Bridge Road in the 1331st District,
G.M., Oconee County, Georgia, more particularly described on a plat thereof entitled "Survey for Birchmore Hills, Section Two" by Ben McLeroy and Associates, Surveyors, dated February 21, 1982, recorded in Plat Book I, page 259 _/ Oconee County Superior Court Records; and
WHEREAS, Section Two of said subdivision contains a
total of thirty-six lots as described on said plat; and
WHEREAS, it is to the interest, benefit and advantage of Oconee Builders, Inc., and to each and every party who shall hereafter purchase or acquire a lot in said subdivision that certain protective covenants regulating and governing the use and occupancy of lots in said subdivision be established, set forth and declared Covenants running with the land;
NOW, THEREFORE, for and in consideration of the premises and the benefits to be derived, OCONEE BUILDERS, INC. does hereby set up, establish, promulgate and declare the following protective covenants to apply to the said thirty-six (36)
lots described on the aforesaid subdivision plat, and to all persons or entities owning or acquiring said lots, or any of them hereafter; and these protective covenants shall become effective immediately and run with the land and shall be
binding on all persons or parties claiming under and through
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Oconee Builders, Inc. until such time as said covenants may be modified, extended or terminated, in whole or in part as hereinafter provided, to-wit:
1. LAND USE: Said lots shall be used for residential purposes only with each lot being used as a single family residential lot; but in the event some lots do not meet septic tank requirements of the Oconee County Health Department or the State Department of Health or are not otherwise suitable for a building site, then said lots may be used for recreational purposes, including parks and playgrounds, and/or any other use(s) compatible with a residential subdivision, including all such uses as may be presently or hereafter authorized under single family residential zoning provisions of the county zoning ordinance;
2. SUBDIVISION OF LOTS: Individual lots may not be subdivided so as to increase the density of dwellings within said subdivision;
3. ACCESSORY USES: No structure shall be erected, constructed altered, placed or permitted to remain on any tract other than one single family unit and private garage and other outbuildings customarily used in connection with and incidental to a single family dwelling;
4. DWELLING SIZE: No dwelling shall be constructed erected, placed, altered or maintained on said lots consisting of less than two thousand (2000) square feet of heated floor space in a one-story building, or two thousand two hundred (2200) square feet of heated floor space in a two-story building, excepting basements in both;
5. BUILDING LOCATION: No dwelling or building shall be erected, constructed or placed on a lot closer to the street right of way (street on which the house faces) than indicated on the recorded subdivision plat. No dwelling shall be erected, construced or placed closer that twenty (20) feet to any sidelines nor closer than forty (40) feet to a side street.
6. TEMPORARY STRUCTURES: No mobile home, tent, shack, garage, detached carport, barn or other outbuildings erected, constructed or placed on a lot shall be used as a residence, either temporary or permanent; nor shall any structure of a temporary character be used as a residence;
7. DESIGN REQUIREMENTS ON OUT BUILDINGS: NO garage, detached carport, barn or other outbuilding shall be erected, constructed or placed on a lot that does not conform with the quality of workmanship, materials, and harmony of external design with existing structures, and with topography and finish grade elevation;
8. BUILDING MATERIAL REQUIREMENTS: No building shall have concrete blocks for more than twenty-five per cent (25%) of the exposed finished material. Concrete blocks may be used only as foundations, except this provision shall not prevent a masonary type house with stucco type exterior walls.
9. LIVESTOCK AND POULTRY: No animals, livestock or poultry of any kind shall be housed, maintained, raised or kept on any lot, except domestic pets. Domestic pets shall be limited to those pets customarily maintained on the premises; and no vicious dogs or other animals which may be or pose a threat to children or other humans may be kept or maintained except on a leash or in a fenced area;
10. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance to the neighborhood or community;
11. SIGNS: No signs of any kind shall be displayed to the public view on any lot except one professional sign of not more than one (1) square foot. Signs of not more than (5) square feet advertising the property during the construction and sales period shall be allowed;
12. GARBAGE AND REFUSE CONTROL: No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste; any trash or garbage stored on
premises temporarily shall at all times be kept in sanitary containers. All incinerators or other equipment for the
storage or disposal of such material shall be kept in a
clean and sanitary condition;
13. EASEMENTS: Easements for the installation and
maintenance of utilities and drainage facilities are reserved and may be used as needed; well lots and water systems may be located within the subdivision to provide a community
water system. Trees and limbs and other obstructions to
street visibility or easements may be trimmed as neccessary for the benefit of said easements and said community;
14. ARCHITECTURAL CONTROL: No structure or improvement of any description shall be erected, constructed, placed or altered on any lot unless and until the plans and specifications therefor, and a plan showing the location of the proposed structure on the lot have been approved by the architectual control committee as to the quality of workmanship and
materials and harmony of external design with existing grade elevation and other houses and structures within said
subdivision.
The architectural control committee shall be composed
of R. C. Whitehead, Betty B. Whitehead, and a third member that may be appointed from time to time by oconee Builders,
Inc., its successors or assigns.
A majority of the commitee may designate a representative to act for it. In the event of death or resignation of any member (s) of the committee, the remaining member (s) shall have full authority to designate a successor (s). At any
time, the then record owners of a majority of the lots shall have the power, by duly written instrument, to change the membership of the committee or restore to it any of its
powers and duties.
The committee's approval or disapproval as required in these covenants shall be in writing. Should the committee, or its designated representative, fail to approve or disapprove,
within thirty days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin construction has been commenced prior to completion thereof, approval shall not be required, and the related covenant (s) shall be deemed to have been complied with in full. 15. LAKE : The lake situated in Section Two, Birchmore Hills, shall be for the sole use of those persons or parties owning the propety on the waters of said lake and shall be used only by their families or invited guests. Said lake property owners shall own the lake and shall be responsible jointly for its care and maintenance and it shall be considered their private property. Said property owners shall be responsible for the care and maintenance of the dam of said lake, subject to any right of way easement given to any governing authority for street purposes crossing same. The adjoining lake lot owners shall each own an equal undivided interest in said lake, subject to common use of the entire lake to the normal water line.
The adjoining lake lot owners may form a Lake Committee which shall have the resposibilty and authority to control and maintain the lake, and may assess each lake owner on an equal basis for the costs incurred, and subject further to the following restrictions:
a. No gasoline or fuel motor propelled boat shall be allowed on the lake;
b. No dock, pier, swimming or diving structure, or any other improvements shall be erected, constructed, placed or altered on the lake unless and until the plans and specifications therefor have been approved by the undersigned or said lake committee. In no event shall any improvements extend into or onto the lake for a distance of more than fifteen (15) feet.
16. TERM OF COVENANTS: These Covenants are to run with the land and shall be binding on all persons, parties or entities claiming under them for a period of twenty (20) years from the date of recording; unless and until a majority
of then record owners of said lots has earlier agreed, by
duly executed and recorded written instrument, to modify
said Covenants in whole. or in part;
17. ENFORCEMENT: Enforcement shall be by proceedings
in law and equity against any person or persons, party or
parties, entity or entities violating or attempting to
violate any covenant (s), either to restrain or enjoin violation thereof or to recover damages;
18. SEVERABILITY: Invalidation of any one or more of
these covenants by judgment or court order shall in no way
affect any of the other provisions hereof which shall remain
in full force and effect.
19. OCONEE BUILDERS, INC., Its owners, heirs, successors, assigns or grantees are hereby relieved from any and all
liability of any type, or any cause of action of any nature
whatsoever for the use of said described property or that
may arise from the use of same;
OCONEE BUILDERS, INC., its successors and/or assigns
hereby expressly reserves the right to develop or not develop
any adjacent property within its sole discretion, and shall
not be deemed to have restricted any such adjoining property
by expression or implication by the execution or recording
of this instrument.
IN WITNESS WHEREOF, Oconee Builders, Inc. has hereunto
set its hand and affixed its seal, the day and year first
above written.
OCONEE BUILDERSY ¡INC:
BY :
Whitehead, President
ATTEST
Whitehead, • Secreta Signed, sealed and delivered
in the presence of:
Quilan
Ltnes
Notary
• Notary Public, Georgia, St Large
My: Commission Expires Jan 10, 1984p 1 1 ea for record on April 1,1982 @ 2: 20pm
Recorded on April 1,1982