Boulder Springs Covenants

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0000093 0099 FILED IN OFFICE

FLESA OF SUPERIOR COURT

STATE OF GEORGIA CULE COURTY GEORGIA

COUNTY OF OCONEE 02 APR 16 PM 12: 13

RETURN TO: REC. FOOD 1PAGE 98-103

DONALD W. HANSFORD, PO DECLARATION OF RESTRICTIONS AND COVENANTS

P.O. BOX 1876 TATE 4-1L0-00

WATKINSVILLE, GA 30677 BOULDER SPRINGS SUBDIVISION MOCLA DA/SON, CLERK

OCONEE COUNTY, GEORGIA

THIS DECLARATION, made on the date hereinafter set forth by Boulder Springs Development,

LLC of Oconee County, Georgia (hereinafter sometimes called "Declarant").

RECITALS:

Declarant is the owner of the real property referenced in Section 1 of Article Il of this

Declaration and described in Exhibit "A" attached hereto.

Declarant desires to subject the real property described in Exhibit "A" to the provisions

of Declaration, and to avail the Community of the provisions and benefits of the Georgia

Property Owner's Association Act codified at O.C.G.A §44-3-220, et seq.;

NOW, THEREFORE, Declarant hereby declares that the real property described in

Exhibit "A" to this Declaration, including the improvements constructed thereon, be subjected to

this Declaration, is hereby subject to the provisions of this Declaration, and the provisions of

O.C.G.A §44-3-220, et seq. and shall be held, sold, transferred, conveyed, used, occupied and

mortgaged or otherwise encumbered subject to the covenants and restrictions (sometimes

referred to herein collectively as "covenants and restrictions") hereinafter set forth, which are for

the purpose of protecting the value and desirability of, and which shall run with the title to the

real property hereby made subject hereto, and shall be binding on all persons having any right,

title or interest in all or any portion of the real property now made subject hereto, their respective

heirs, legal representative, successors, successors in title and assigns, and shall inure to the

benefit of each and every owner of all of any portion thereof.

ARTICLE I

DEFINITIONS

A. "The Act" shall mean the Georgia Property Owners Association Act,

O.C.G.A §44-3-220, et seq. as the same is or may be hereinafter amended.

B. Architectural Control Committee shall mean and refer to the Architectural

Control Committee initially comprised of Declarant and such other individuals or

entities as Declarant may appoint and thereafter those persons selected by the

Board of Directors in compliance with the provisions of this Declaration.

Articles of Incorporation shall mean the Articles of Incorporation of the

Association, as the same may be hereinafter amended.

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cop 147 pg 210-711 Firstmenament

146148 scandAmendment.

202 a 606 ThirdAmerament

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D. "Association"' shall mean and refer to the Bouldersprings Homeowners

Association, Inc. a non-profit Georgia corporation, its successors and assigns, or to a Limited Liability Corporation or other organization as declarant may determine.

E. "Board of Directors" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation an the By-Laws. The Board of Directors shall be the governing body of the Association.

F. "By-Laws" shall mean the By-Laws of the Association, as the same may be hereafter amended.

G. "Common Area" means all real and personal property submitted to the

Declaration which is owned or leased by the Association for the common use and enjoyment of the members.

H. "Common Expenses" means all expenditures lawfully made or incurred by or on behalf of the Association together will all funds lawfully assessed for the creation and maintenance of reserves pursuant to the provisions of the Declaration.

I. "Community" shall mean and refer to that certain real property described in

Exhibit "A" attached hereto.

J. *Declarant shall mean and refer to (i) Boulder Springs Development, LLC or (ii) any successor-in-title to the said party to all or some portion of the Community, provided such successor-in-title shall acquire such Community for the purpose of development or sale, and provided further, in the instrument of conveyance to any such successor-in-title such successor-in-title is expressly designated as the "Declarant" hereunder at the time of such conveyance; or (iti) should any of the Community become subject to a first mortgage given by "Declarant' as security for the repayment of a construction, development acquisition or other loan, then all the rights, privileges and options herein reserved to "Declarant" shall inure to the benefit of the holder of such mortgage upon its becoming the owner of all the Community then subject thereto through whatever means, or the purchaser of all such Community at the judicial or foreclosure sale made under any power of sale contained in such mortgage; and further, all the rights, privileges and options herein reserved to "Declarant" may be transferred to the successor-in-title of any such acquirer of title to such Community provided any such successor-in-title shall acquire for the purpose of development or sale all or some portion of such Community, and provided further, in the instrument of conveyance to such successor-in-title, such successor-in-title is designated as the "Declarant" hereunder. The privileges and options herein reserved to Declarant may be transferred to the successor-in-title of any such acquirer of title to such

Community provided any such successor-in-title shall acquire for the purpose of development or sale all or some portion of such Community and provided further in the instrument of conveyance to such successor-in-title, such successor-in-title

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is designated as the "Declarant" hereunder by the grantor of such conveyance,

which grantor of such conveyance shall be the "Declarant" hereunder at the time

of such conveyance. Lot sh take ti K. 'Declaration' means this recordable instrument creating covenants upon property develo which covenants are administered by a property ownerẾssociation in which notwit membership is mandatory for all owners or lots in the community. II may witho L. "Lot"' shall mean any plot of land located within the Community which

constitutes a single dwelling site designated on any plat of survey recorded in the

Office of the Clerk of Superior Court of Oconee County, Georgia, as well as any

building or any portion of any building located thereon which is intended for

independent residential use.

M. "Lot Owner" or "Owner" shall mean and refer to the record owner, whether one be sub or more persons, of the fee simple title to any lot located within the Community, Corpo excluding, however, any person holding such interest merely as security for the Incorp performance or satisfaction of any obligation.

N. "Mortgage" means any mortgage, deed to secure debt, security deed and any and

all other similar instruments used for the purpose of conveying or encumbering

real property as security for the payment or satisfaction of an obligation.

O. "Person" means any natural person, as well as a corporation, joint venture, purpo: and re partnership (general or limited), association, trust or other legal entity. alterat

ARTICLE I appro and h: and w PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONAL PROPERTY struct

Section 1. Property Subject to Declaration. The real property which is, by the recording

of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by

virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, Decli occupied and mortgaged or otherwise encumbered subject to this Declaration is the real property sold 1 described as the Community in Article I hereof. Declarant intends to construct eighty six (86) or su lots in the Community, together with roads, utility systems and other improvements serving the last 1 lots. Further, Declarant intends to construct amenities for the benefit of the community, including and i picnic areas, playgrounds, swimming pool, tennis courts and nature trails in the common and respe easement area as shown on the plat of subdivision, said amenities to include landscape buffers Dire between the common areas and adjoining lots as required. On or before the date of conveyance Cont of the last Lot in the Community by Declarant to an Owner, Declarant shall convey all common

areas as shown on the plat of subdivision to the Association as common green space or amenity

areas for the enjoyment, benefit, and use of Lot Owners in the Community, who are in good requ standing in the association and have paid all dues, fees or assessments.

Arc exeI whi

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Section 2. Lots and Other Interests Subject to Plan of Development. Every purchaser of a Lot shall purchase such Lot and every mortgagee and lien holder holding an interest therein shall take title, or hold such security interest with respect thereto, with notice of Declarant's plan of development as herein set forth. Any provision of this Declaration to the contrary

notwithstanding, the provisions of this the foregoing plan of development set forth in this Article II may not be abrogated, modified, rescinded, supplemented or amended in whole or in part without the written consent of Declarant

ARTICLE III

POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS

The powers of the Association and the Board of Directors shall be as set forth and shall be subject to the limitations and restrictions set forth in the Act, the Georgia Non-Profit Corporation Act, the Limited Liability Corporation Act, this Declaration, the Articles of Incorporation and the By-Laws of the Association.

ARTICLE IV

ARCHITECTURAL CONTROL COMMITTEE

Section 1. Purpose. Powers and Duties of the Architectural Control Committee. The purpose of the Architectural Control Committee is (a) to administer and enforce the covenants and restrictions set forth in this Declaration; and (b) to assure the installation, construction or alteration of any structure on any Lot is submitted to the Architectural Control Committee for approval (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with existing standards of the neighborhood and with the standards of the development of the Community; and (ii) as to the location of structures with respect to topography, finished ground elevation and surrounding structures.

Initial Architectural Control Committee From the execution date of this Declaration until such time as all Lots have been fully developed, permanently improved, and sold to permanent residents, the Architectural Control committee shall consist of the Declarant, or such persons as may be appointed by declarant. Upon the sale by Declarant to an Owner of the last Lot and the construction and completion of a permanent residence thereon, the Declarant, and its appointees, if any, shall cease functioning as the Architectural Control Committee in all respects and a successor Architectural Control Committee shall be appointed by the Board of Directors. However, The Declarant may at any time prior thereto resign from the Architectural Control Committee, turning its functions over to the Board of Directors of the Association.

Section 3. Meetings. The Architectural Control Committee shall hold such meetings as required or allowed for the Board of Directors by the By-Laws.

Section 4. Action of Members of Architectural Control Committee. Any member of the Architectural Control Committee may be authorized by the Architectural Control Committee to exercise the full authority of the Architectural Control Committee with respect to all matters over which the Architectural Control Committee has authority as may be specified by resolution of

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the Architectural Control Committee. The action of such member with respect to the matters

specified shall be final and binding upon the Architectural Control Committee and upon any Arcł applicant for an approval permit or authorization, subject, however, to review and modification othe by the Architectural Control Committee on its own motion or appeal by the applicant to the Arcł Architectural Control Committee as provided herein. Written notice or the decision of such of su

Con member shall within five (5) days thereof, be given to any applicant for an approval permit or such authorization. The applicant may, within ten (10) days after receipt of notice of any decision,

which he deems to be unsatisfactory, file a written request to have the matter in question any: struc reviewed by the full Architectural Control Committee. Upon the filing of any such request, the Con matter with respect to which the request was filed shall be submitted to, and reviewed promptly inch: by, the full Architectural Control Committee, but in no event later than thirty (30) days after the

filing of such request. The decision of a majority of the members of the Architectural Control App Committee with respect to such matter shall be final and binding. right

ARTICLE V lot li BUILDING REQUIREMENTS buil the r The following property rights and architectural restrictions shall apply to the property behi which is subjected to this Declaration. dwel

Section 1. Subdivision of Lot. No Lot shall be subdivided, or its boundary lines changed, the F except with the prior written approval of the Architectural Control Committee, Declarant, Lots however, until such time as the last Lot is sold by the Declarant to an owner, hereby expressly the 1 reserves the right to replat any Lot or Lots in order to create a modified residential Lot or Lots such and to take such other steps as reasonably may be necessary to make such replatteed Lot or Lots piat suitable as a building site or sites. All of the covenants and restrictions set forth herein shall or ar apply to each such Lot, if any, so created. Any such division, boundary line change or replatteed subd Lot shall not be in violation of the applicable County subdivision and zoning regulations.

Section 2. Approval of Plans. No residence, building, fence, wall, road driveway, the I sidewalk, parking area, tennis court, swimming pool, or other structure or improvement of any be p kind shall be erected, placed, altered, added to, modified, maintained or reconstructed on any Lot gara until the plans therefore, and for the proposed location thereof upon the Lot, shall have been

approved in writing by the Architectural Control Committee. "Improvement" shall mean and

include any improvement, change or modification of the appearance of a Lot from the state any ‹ existing on the date of the conveyance of such Lot by Declarant to a Lot Owner. Before taking Com any action requiring approval under this Section, a Lot Owner shall submit to the Architectural plan: Control Committee a construction schedule and two (2) complete sets of final plans and outline utilit said of specifications, showing site plan (which site plan shall show driveways, patios, decks, Arch accessory buildings, and all other components referenced in the first sentence of this Section), waiv landscape layout, floor plans, exterior elevations and exterior materials, colors and finishes. No

changes or deviations in or from such plans and specifications as approved shall be made without

the prior written approval by the Architectural Control Committee. No alteration in the exterior to be appearance of any building, structure or other improvement shall be made without like approval pursi by the Architectural Control Committee. Further, before beginning any construction, the name of

the builder must be submitted to the Architectural Control Committee and approval by the 2200

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0000103 Architectural Control Committee as to the builder's experience and ability to build houses or other structures of the class and type of those which will be built in the community. The Architectural Control Committee shall act in accordance with Article IV, Section 4 upon receipt of such information to approve or disapprove the same. Neither the Architectural Control Committee, nor any person or party to whom the Architectural Control Committee shall assign such function, shall be responsible or liable in any way for the performance of any builder or for any defects in any plans or specifications approved in accordance with the foregoing, nor for any structural defects in any work done according to such plans and specifications. The Architectural Control Committee may refuse approval of plans, sitting or specifications upon any ground, including purely aesthetic considerations, which in its sole discretion it shall deem deficient. Approval of any improvement hereunder shall not waive the Architectural Control Committec's right to disapprove subsequent improvements to the same Lot.

Section 3. Building Location. No building shall be erected on any Lot closer to the front lot line closer than 40 feet. The front lot line is 13 feet from the curb. No buildings, accessory buildings or detached garages may be located closer than 16 feet from any side line or closer to the rear property line than 40 feet. Accessory buildings shall only be located in the rear yard, behind the rear wall of the main dwelling and shielded from view from all streets and adjacent dwellings by shrubbery, trees or fences.

The Architectural Control Committee reserves the right to control solely and absolutely the precise site and location of any proposed house, dwelling, building, or improvement upon all Lots. Such location shall be determined however, only after reasonable opportunity is afforded the Lot Owner to request a specific site. No improvements shall be placed or erected within any such building setback areas required by the Architectural Control Committee or designated on plat of subdivision. No dwelling, or part thereof, garage, outbuilding of any nature, pet facilities or any improvements shall be located in any buffer or easement as shown on the final

subdivision plat.

Section 4 Garages, Carports. All garages will be required to open to the rear or the side of the Lot, whether attached to the dwelling or detached. No carports, attached or freestanding shall be permitted. All dwellings shall have a garage, which shall have garage doors. Corner lot garages may face the side street, but shall be approved by the Architectural Control Committee.

Section 5. Attachments of Utilities. No permanent utility connections shall be made to any dwelling or other structure by any utility, public or private, until the Architectural Control Committee has verified general compliance with these covenants and restrictions and with the plans and specifications therefore submitted pursuant to Section 2 above, and has approved said utility connections in writing. Each Lot, parcel of land, residence, building or other structure on said property, when required to be served by a utility, must be served by utilities approved by the Architectural Control Committee. The Architectural Control Committee may, in it's discretion, waive utility connection approvals.

Section 6. Other Building Requirements. The requirements set forth below are in no way to be construed as limiting the exercise of the Architectural Control Committee's discretion pursuant to Section 2 and 3 above:

(a) All residences in Boulder Springs subdivision shall contain a minimum of 2200 square feet of heated living space for a one story home and 2400 square feet of living space

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for a 1 and 1/2 or 2 story home, all excluding garages, porch's, terraces and basements Owners

may request, in writing to the Architectural Control Committee, a waiver of this requirement.

The Architectural Control Committee may, under reasonable circumstances, grant such a request

where the resulting appearance of the Lot is likely to preserve the overall appearance, scheme,

and design of the Community.

(b) Each residence shall be brick veneer or rock construction on the front and 2 sides and

on all foundation walls*. Wood siding or equivalent material may be used on gables and rear

areas of the structure. Hard coat stucco may be used in certain accent areas such as gables,

chimneys, etc., with written Architectural Control Committee approval. No exposed concrete

block is permitted. Aluminum or vinyl siding or equivalent is not permitted. All roofs shall be

minimum 25 year architectural shingle. Chimney Bonnets or decorative spark arresters are

required. Exterior shutters shall be used where windows face the street. Gutters shall be used at

appropriate locations on the dwelling.

* Including all exterior basement walls.

(c) Driveways shall be a minimum of eleven feet In width and shall be constructed only

of concrete or other materials approved in writing by the Architectural Control Committee and

any culverts, pipes or conduits for water placed in or under driveways shall be covered at points

of protrusion from driveways or the ground with materials approved by the Architectural Control

Committee.

(d) The exterior of all residences and other structures must be completed within nine

months after commencement of construction and the landscaping on such Lots must be

completed within 60 days thereafter, except, in each case, where, in the sole discretion of the

Architectural Control Committee such completion is not possible or would result in greater

hardship to the Owner or Builder due to strike, fire, national emergency or natural calamity.

(e) No exterior pole, tower, satellite dish, antenna or other device for the reception of

television signals, radio signals or any other form of electromagnetic radiation, or for any other

purpose, shall be erected, placed or maintained on any Lot except as may be constructed by the

Declarant or approved in writing by the Architectural Control Committee*. Further, the design

type, location, size, color, and intensity of all exterior lights shall be subject to control by the

Architectural Control Committee and only such exterior lighting as shall have been approved in

writing by the Architectural Control Committee shall be installed or used on any Lot. No such

pole, tower, satellite dish, antenna or other device for transmission or reception of television,

radio signals or any other device as described above shall be visible from the street in front of the

property. All exterior lighting shall be covered or shielded in such manner that it does not shine

on the adjacent owner's property. Glass in such exterior fixtures shall be opaque or tinted.

*No satellite dish, antenna or other such device shall be attached to the front or either side of a

house, but only on the rear of the structure including the roof area, and shall not be visible from

the street

(f) Mechanical equipment (other than heating or air conditioning equipment), shall be

installed only within the main dwelling or buried. Heating and air conditioning equipment shall.

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0000105 be installed in such locations as will, to the maximum extent possible, not be readily visible to the view of neighboring Lots, streets and property located adjacent to the Community. No outdoor clotheslines shall be allowed in the Community

(g) Unless located within 15 feet of a main dwelling, or accessory building or within 15 feet of an approved building site, no trees, shrubs, bushes or other vegetation having a trunk diameter of six (6) inches or more at a point two (2) feet above ground level may be cut, pruned, mutilated or destroyed at any time without the prior written approval of the Architectural Control Committee; provided, however, that dead or diseased trees, shrubs, bushes or other vegetation shall be cut and removed promptly from any Lot by the Owner thereof after such dead or diseased condition is first brought to the attention of the Architectural Control Committee and permission for such cutting and removal has been obtained.

(h) No structure of a temporary character shall be placed upon any Lot at any time, except for shelters used by a building contractor during the course of construction. Such temporary shelters may not, at any time, be used as residences, nor be permitted to remain on the lot after completion of construction.

(i) No accessory building or outbuilding shall be placed, erected or maintained upon any part of any Lot except in connection with a residence already constructed or under construction at the time that such outbuilding is placed or erected upon that Lot. Such building shall be of the same colors and materials as the residence thereon, including roof shingles and siding materials. Metal sheds are prohibited.

(i) No camper, recreational vehicle, trailer, tent, boat, treehouse, play equipment (such as swing set) or other similar items shall be placed in the front yard so as to be visible from any public right of way, or adjacent homes, or if visible from adjacent property shall be screened with trees and/or shrub.

(k) Only ornamental fences and walls conforming architecturally to the principal dwelling on said Lot shall be constructed in the front yard. No Fence shall be built between the front wall of the house and the street which the dwelling faces. Any portion of a fence on the sides of a dwelling facing the street shall be either ornamental iron or decorative wood

conforming to the architectural design of the principal dwelling on said lot Fences running in back of the principal dwelling may be chain link but shall be either green or black in color.

(1) Swimming pools must be constructed below ground level with the same setback requirements as dwellings and other improvements. A fence at least six (6) feet height and capable of being locked shall surround all swimming pools.

(m) All front yards must be landscaped with grass and other natural plantings and the Architectural Control Committee must approve all landscape plans for front yards. All grass in front yards shall be Bermuda sod unless otherwise approved by the Architectural control Committee. All buildings / homes must have foundation plantings in the front of the building and irrigation system for the front yard area.

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Section 7. Sight Distance at Intersection. No fence, wall, hedge, or shrub planting which

obstructs sight lines at elevations between two and six feet above the roadway shall be placed or

permitted to remain on any corner lot within the triangular area formed by the street property

lines and a line connecting them at points 25 feet from the intersection of the street lines, or in

the case of a rounded property corner, from the intersection of the street property lines extended.

The same sight-line limitations shall apply on any lot which is within ten feet from the

intersection of a street property line with the edge of a driveway or alley pavement. No tree shall

be permitted to remain within such distance of such intersections unless the foliage line is

maintained at sufficient height to prevent obstructions of such sight lines.

Section 8. Right of Inspection. The Architectural Control Committee, its agents and

representatives, shall have the right during reasonable hours to enter upon and inspect any Lot

and improvement thereon for the purpose of ascertaining whither the installation, construction,

alteration or maintenance of any improvement of the use of any Lot or improvement is in

compliance with the provisions of this Declaration; and the Architectural Control Committee

shall not be deemed to have committed a trespass or other wrongful act solely by reason of such

entry or inspection.

Section 9. Violation. If any improvement shall be erected, placed, maintained or altered

upon any Lot, otherwise than in accordance with the plans and specifications approved by the

Architectural Control Committee pursuant to the provisions of this Declaration; such erection,

placement, maintenance or alteration shall be deemed to have been undertaken in violation of

this Article and without the approval required herein. If in the opinion of the Architectural

Control Committee such violation shall have occurred, the Architectural Control Committee

shall be entitled and empowered to enjoin or remove any such construction, and take any other

action permitted by the By-Laws of the Association. Any costs and expenses incurred by the

Architectural Control Committee in enjoining and removing any construction or improvements

shall become lien against the Owner's Lot in accordance with Article VIII. Additional, the

Architectural Control Committee shall be entitled to pursue all legal and equitable remedies.

Section 10. Fees. The Architectural Control Committee may impose and collect a

reasonable and appropriate fee to cover the cost of inspections performed pursuant to Section 7

hereof, which such fee will be paid out of regular or special assessments established per Article

VII hereof. The fee shall be established from time to time by the Architectural Control

Committee.

ARTICLE VI

USE RESTRICTIONS

Section 1. Residential Use. All Lots shall be used for single-family residential purposes

exclusively. Except as hereinafter provided, no house, structure or other improvement shall be

erected, altered, placed, maintained or permitted to remain on any Lot other than one (1)

detached single-family dwelling. No business or business activity shall be carried on or upon any

Lot at any time except with the written approval of the Architectural Control Committee.

Nothing contained herein shall prohibit Declarant from using any Lot owned by Declarant for the

purpose of carrying on business related to the development and management of the Community.

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Section 2. Signs. No commercial signs, including "for rent" or "for sale" signs or advertising posters o any kind shall be erected, placed or maintained on any Lot except as may be required by legal proceedings. Nothing herein shall be construed, however, to prevent Declarant from erecting, placing or maintaining upon any Lot, or permitting the erection, placing or maintaining upon any Lot by builders or residents, of such signs as Declarant may deem necessary or desirable during the period of the development, construction, and sale of the Lots and residences constructed thereon. Also, the provisions of this Section shall not apply to any mortgagee who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first mortgage or deed to secure debt or as transferee pursuant to any

Section 3. Mail Boxes. Property Identification Markers and Decorative Hardware. The Architectural Control Committee shall have the right to approve the location, color, size, design, lettering and all other particulars of mail and newspaper boxes, if any, and of name signs on such boxes, as well as property identification markers and decorative hardware, whether attached to such main-box, to any structure within the Lot or affixed or erected upon the grounds of the Lot.

Section 4. Garbage Cans. Woodpiles, etc. All garbage cans, woodpiles, etc. shall be located on screened so as to be concealed from view of neighboring Lots, streets and property located adjacent to the Community. All rubbish, trash and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon.

Section 5. Prohibited Structures. No mobile home, house trailer, factory or manufacturer assembled homes, modular homes, tent, shack, barn, or other outbuilding or structure (except accessory buildings otherwise permitted hereunder) shall be placed on .any Lot at any time, either temporarily or permanently; provided however, house trailers, temporary buildings and the like shall be permitted for construction purposes during the construction period of residences or as one or more real estate sales offices of Declarant for the sale of property.

Section 6. Animals and Pets. No animals, livestock or poultry of any kind may be raised, bred, kept or permitted on any Lot, with the exception of dogs, cats or other usual and common household pets in reasonable number, provided that said pets are not kept, bred or maintained for any commercial purpose, are not permitted to roam free, and in the sole discretion of the Board of Directors, do not endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the Owners of other Lots or the owner or any property located adjacent to the Community. Dogs which are household pets shall at all times, whenever they are outside a dwelling, be confined within a pen or on a leash. No structure for the care, housing, or

confinement of any pets shall be maintained so as to be visible from neighboring property.

Section 7. Incapacitated Motor Vehicles. No automobile or motor driven vehicle may be left upon any Lot for a period longer than five (5) days in a condition such that it is incapable of being operated upon the public highways. After such five (5) day period, such vehicle shall be considered a nuisance and detrimental to the welfare of the neighborhood and must be removed from the Community. Any towed vehicle, boat, motor home or mobile home regularly stored upon any. Lot, or temporarily kept thereon for periods longer than twenty-four (24) hours each, shall be considered a nuisance and must be removed from the Community. The foregoing,

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however, does not apply to such boats or other vehicles, whether motor-driven or towed, as are

stored wholly within a private garage or trailer storage areas, if any, designated by Declarant or

the Architectural Control Committee. No commercial vehicles may be parked, stored or

temporarily kept within the Community, unless such vehicles are stored wholly within private

garages, are within the Community temporarily to service existing improvements or are used in

connection with the construction of improvements within the Community. COI

COJ Section 8. Nuisance. It shall be the responsibility of each Lot Owner to prevent the

development of any unclean, unhealthy, unsightly, or unkempt condition of buildings or grounds

on his or her Lot or Lots. No Lot shall be used, in whole or in part, for the storage of any lav property or thing that will cause such Lot to appear to be in an unclean or untidy condition or an that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any ex Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will aci or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding pr property. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be

done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person

using any property adjacent to the Lot. There shall not be maintained any plants or animals or by device or thing of any sort whose activities or existence in any way is noxious, dangerous, su unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of property in the

neighborhood by the Owners thereof.

Section 9. Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, fo including specifically, without limiting the generality of the foregoing, the assembly and

disassembly of motor vehicles and other mechanical devices, which might tend to cause

disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken in any part of as the Community.

ARTICLE VII er

ASSOCIATION MEMBERSHIP AND VOTING RIGHTS

Section 1. Membership. Every Owner of a Lot in the Community shall be a member of

the Association. If title to a Lot is held by more than one person, each of such persons shall be

members. Membership shall be appurtenant to the Lot to which it appertains and shall be

transferred automatically. Notwithstanding the above, each Lot shall be entitled to one (1) vote in

the Association. Each lot owner shall be required to pay the Association assessment annually, or

as required by the Association, as set out in Article VII.

Section 2. Amplification. The provisions of this Article are to be amplified by the

Articles of Incorporation and By-Laws of the Association provided, however, that no such

amplification shall substantially alter or amend any of the rights or obligations of the Owners of

Lots as set forth herein. In the event of any conflict or inconsistencies among this Declaration,

the Articles of Incorporation or the By-Laws of the Association, this Declaration and the Articles e of Incorporation (in that order) shall prevail.

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0000109 ARTICLE VIII

ASSESSMENTS

Section 1. Assessments against the Lot Owners shall be made to raise funds to pay the common expenses of the Property, and contribute a pro rata share of the maintenance of the common areas of the Community and shall be governed by the following provisions:

(a) Liability. Each Lot Owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his Lot or Lots in accordance with the terms and provisions of this Declaration and the Articles of Incorporation and Bylaws. In addition to exercising the remedies provided for herein, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in accordance with the provisions of this Declaration.

(b) Creation of the Lien and Personal Obligation for Assessment. Each owner of any Lot by acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association assessment, which shall be fixed, established, and collected as herein provided-

(c) Uniform Rate of Assessment. All annual assessments shall be fixed at a uniform rate for all Lots except as follows:

(i) Any common expenses benefiting less than all of the Lots may be specially assessed equitably among all of the Lots so benefited, as determined by the Board;

(ii) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the Lots or by the licensee's or invitees of any such Lot or Lots may be specially assessed against the Lot or Lots, the conduct of any occupant, licensee or invitee of which occasioned any such common expenses;

(iii) Any common expenses significantly disproportionately benefiting all of the Lots may be assessed equitably among all of the Lots in the Community as determined by the Board.

Nothing contained herein shall permit the Association to specially or disproportionately allocate common expenses for periodic maintenance, repair and replacement of any portion of the common area or the Lots which the Association has the obligation to maintain, repair, or replace.

(d) Purpose. Assessments shall be levied against the Lot Owners and the Lots to defray the common expenses of the Property. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include but not be limited to the following:

(i) Management fee, if any, and expenses of administration of the Association;

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(ii) common utility bills and charges for other common services, including but not capital improvemer

Board of Directors d to water and power;

(iii) premiums for all insurance policies maintained by the Association; (h) Collecti enforce collection o (iv) the expenses of performing the maintenance, repair, renovation, restoration amounts as may be eplacement work which is the responsibility of the Association hereunder; (1) In

(v) such other costs and expenses as may be determined from time to time by the assessment levied a d of Directors to be common expenses; and payable and within t balance of such asse (vi) the creation and maintenance of such reserve funds as are required to be Directors, be acceler tained b the Association under Article VIII herein, and such other reserve funds as the such Lot Owner. d of Directors shall determine, including but not limited to a reserve for repairs and (i1) In tenance. same shall be due, ar (e) Budget. Payment Dates. No less than sixty (60) days prior to the commencement for liable for the paymer fiscal year (January 1) of the Association, the Board of Directors shall adopt a budget of the (a) A eeding fiscal year, which budget (i) shall estimate the amount of common expenses which amount so due, whic inticipated to be incurred during such year, and (ii) shall make provision for an adequate

rve fund for maintenance, repair and replacement of those portions of the common elements (b) int must be replaced on a periodic basis. Prior to the commencement of such fiscal year, the thereto, from the date rd of Directors shall furnish a copy of such budget to each Lot owner, together with a written until paid; ement of the amount of such common expenses, which shall be assessed against such Lot

ner for such fiscal year. Unless otherwise determined by the Board of Directors, such (c) the ssment shall be due on January 1 of each year. The Board of Directors shall be authorized to as required for the pro ate the annual assessment into twelve monthly or four quarterly installments. In addition, any incurred; and i, charges, and other amounts payable by any Lot Owner to the Association shall be added to

shall, unless paid at the time the same are incurred or at some other time determined by the (d) in 1 ird of Directors, be due and payable as part of the installment of the assessment next coming owner, the fair rental at foreclosure (or unti (f) Special Assessments. If for any reason, including nonpayment of any Lot Owner's (iii) A essments, an annual budget adopted by the Board of Directors for any fiscal year proves Property Owner's Ass dequate to defray the common expenses for such fiscal year, the Board of Directors may, at that Lot, fines, or othe • time, levy a special assessment to raise the additional funds necessary to defray such material furnished or nmon expenses, which special assessment shall be due and payable at such time and in such of the Lot Owner or I tallments as the Board of Directors shall determine. Additionally, the Board of Directors shall obligation of the Lot ‹ authorized to levy special assessments under the circumstance described in this Declaration superior to all other li (g) Special Assessments for Capital Improvements. In addition to the assessments, which (a) Lie all be levied against the Lot Owners, the Board of Directors shall be authorized, upon the

irmative vote of 75% of the Lot Owners entitled to cast votes to levy a special assessment for (b) Th › purpose of defraying, in whole or in part, the costs of any capital improvements to be made mortgage recorded pri on the common elements, or for the costs of making repairs or replacements which are not

ovided for in then current budget of the Association. Any such special assessments for the

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capital improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine.

(h) Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a Lot Owner is liable, together with all other amounts as may be owed by such Lot Owner to the Association, as hereinafter provided.

(i) In the event that any Lot Owner shall fail to pay any installment of any assessment levied against him within ten (10) days after such installment shall be due and payable and within five (5) days after written notice is mailed to the Lot Owner, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be accelerated and be declared immediately due and payable in full, without notice to such Lot Owner.

(ii) In the event that any Lot Owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such Lot Owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:

(a) A late charge equal to Ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is the greater;

(b) interest on the amount so due, and the aforesaid late charge appertaining thereto, from the date same were due and payable, at the rate of ten (10%) percent per annum, until paid;

(c) the cost of collection, including court costs, the expenses of sale, any expenses as required for the protection and preservation of the Lot, and reasonable attorney's fees actually incurred; and

(d) in the event the Association shall seek to foreclose its lien on the Lot of such owner, the fair rental Value of the Lot from the time of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).

(iii) All sums lawfully assessed by the Association against any Lot Owner or Property Owner's Association Lot, whether for the share of the common expenses pertaining to that Lot, fines, or otherwise and all reasonable charges made to any Lot Owner or Lot for material furnished or services rendered by the Association at the Owner's request to or on behalf of the Lot Owner or Lot, shall, from the time the sums become due and payable, be the personal obligation of the Lot Owner and constitute a lien in favor of the association on the Lot prior and superior to all other liens whatsoever except:

(a) Liens for ad valorem taxes on the Lot;

(b) The lien of any first priority mortgage covering the Lot and the lien of any mortgage recorded prior to the recording of the Association's lien.

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(c) The lien of any secondary purchase money mortgage covering the Lot,

provided that neither the grantee nor any successor grantee of the mortgage is the seller of the

Lot.

Section 2. The recording of this Declaration shall constitute record notice of the existence

of the lien and no further recordation of any claim of lien for assessment shall be required.

(a) The rights of a Lot Owner and all persons entitled to occupy the Lot of such

owner, to use the common elements and amenities shall be suspended for the period of time any

amount due and owing to the Association in regard to any Lot owned by such owner shall remain

unpaid; provided, however, that no such suspension shall deny any Lot Owner, or the occupants

of any Lot, access to the Lot owned or occupied, nor cause any hazardous or unsanitary

condition to exist.

(b) Fee for Statements of Amount Due The Association may require the payment

of a fee, not to exceed Ten ($10.00) Dollars as a prerequisite to its issuance of any statement

pursuant to the Act or this Declaration.

ARTICLE IX

INSURANCE

Section 1. Insurance (other than title insurance), which shall be obtained by the

Association, shall be governed by the following provisions:

(a) Types of Insurance. The Association shall obtain and maintain the following

insurance policies:

(i) A multi-peril casualty insurance policy covering the common elements,

providing as a minimum, fire, and extended coverage, vandalism and malicious mischief, on a

replacement cost basis in an amount not less than one hundred (100%) percent of the full

replacement cost of the common elements within the Community. The name of the insured under

such casualty insurance policy shall be stated as follows:

Boulder Springs Homeowners' Association, Inc. for the use and benefit of the individual

Lot owner's in Boulder Springs Subdivision, Oconee County, Georgia. The amount of coverage

of such casualty insurance policy shall be readjusted by reappraisal or reevaluation of the insured

property, not less frequently than once every five years. Such casualty insurance policy shall

contain the standard mortgagee clause, which shall be endorsed, to provide that any proceeds

shall be paid to the Association for the use and benefit of mortgagees as their interest may

appear.

(ii) A comprehensive policy of public liability insurance covering all of the

common elements. Such liability insurance policy shall contain a 'severability of interest"

endorsement, which shall preclude the insurer from denying the claim of a Lot Owner because of

the negligent acts of the Association or other Lot Owners. Such liability insurance policy shall

cover the Association, the Board of Directors, the officers of the Association, all agents and

employees of the Association, and all unit owners and other persons entitled to occupy any Lot

or other portion of the Property, shall be for at least $500,000.00 for injury including death to a

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0000113 single person, $1,000,000,00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the Lot Owners as a group and shall include protection for damage to the property of others.

(iii) Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association its Officers and Directors or the Lot Owners.

(b) Minimum Qualifications of Insurance Carriers. Each policy of insurance which the Association is required to maintain under the provisions of this Declaration shall be written by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class A: VI or better and which is licensed to transact business within the State of Georgia.

(c) Minimum Qualifications of Insurance Policies. All policies of insurance which the Association is required to maintain under the provisions of this Declaration shall (a) not allow contributions or assessments to be made against the owner of any Lot, or the holder of any mortgage upon any Lot, (b) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholders, or members, (c) not include any limiting clauses (other than insurance conditions) which could prevent any Lot Owner or the holder of any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have attached a mortgage clause which provides that the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in, cancellation, or nonrenewal of such policies.

In no event shall any recovery or payment under the insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual Lot owners or mortgagees, and no Lot Owner shall be entitled to exercise his right to maintain any additional insurance coverage in such a way as to decrease the amount which the

Association may realize under any insurance policy which it may have in force on the Property at any particular time.

(d) Proceeds on Account of Damage to Common Elements. Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the common elements shall be held by the Association in a construction fund, which shall be used for the purpose of repairing, reconstruction or rebuilding the portion of such common elements so damaged or destroyed, as provided in this Declaration. If it shall be determined in accordance with the provisions of this Declaration not to repair, reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance proceeds paid on account of the

occurrence of such damage or destruction to such portion of common elements shall first be used to clean up and landscape the common elements as necessary in view of the fact that such part of the common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the Lot Owners proportionately, such disbursement to be made payable jointly to the Lot Owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the Bylaws, or the Act which may be construed to the contrary, in no event shall any insurance procceds be paid to the Association on account of the occurrence of any fire or other casualty be deemed to be common profits.

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ARTICLE X

DAMAGE TO OR DESTRUCTION OF COMMON ELEMENTS

Section 1. Repair, reconstruction or rebuilding of the common elements following PROVISIONS e or destruction to all or any portion of the common elements shall be governed by the EASEMENT, AME ing provisions:

(a) Estimates of the Cost of Repair. As soon as practicable following the occurrence of Section 1. Rule: mage to, or destruction of any portion of the common elements, the Board of Directors owners of the lots. Dec btain reliable and detailed estimates of the cost of repairing and restoring such portion of Easement over certain ; mmon elements so damaged or destroyed to substantially the same condition as such a Georgia non-profit cc a of the common elements were in prior to the occurrence of such damage and destruction granted is shown as gre all proceed with the filing and adjustment of all claims arising under insurance maintained & Evans Land Surveyii Association as a result of such damage or destruction. Pages_ 35.36. (b) Determination to Repair, Reconstruct. or Rebuild. Any damage to, or destruction of County, Georgia. mmon elements will be repaired, reconstructed, or rebuilt unless the owners of the Lots to

seventy five (75%) percent of the votes in the Association are allocated shall determine Said deed of Co forty five (45) days after the occurrence of the casualty not to repair, reconstruct, or the office of the Clerk ‹ i the same. simple owner of the afc the above identified pla (c) Manner of Repair. Reconstruction or Rebuilding. All repairs, reconstruction, or covenants, Declarant sh ling to be made as a result of damage by fire or other casualty shall be made in accordance Subdivision, convey sai he following provisions: whose members, after s

(Conservation Easemen (i) The damage shall be repaired, reconstructed, or rebuilt substantially in certain rules, regulation lance with the plans and specifications for such damaged property prior to the occurrence expressly prohibited, to h damage;

A. Any activity on, or 1 (ii) All of the work of repairing, reconstruction, or rebuilding any portion of the Easement is prohibited. on elements, the damage to or destruction of which cause the payments of insurance conservation values of t ts under insurance policies maintained by the Association, shall be performed under the

ision of the Board of Directors which, in discharging such supervisory responsibility, shall (i). Industrial, Commer‹ horized to employ such building supervisors and architects as the Board of Directors shall activities, including, bu to be in the best interest of the Association. production, are prohibit

(d) Cost of Repairs, Reconstruction, or Rebuilding. The cost of repairing, reconstructing, (ii). Signage. Display of ilding any portion of the common elements which shall be damaged or destroyed shall be except the posting of no ith any insurance proceeds which shall be paid to the Association on account on such values of the Property, s ge or destruction. If such insurance proceeds are not sufficient to defray such cost of repair, identifying the Grantor ‹ truction, or rebuilding, then the Board of Directors may levy a special assessment against pedestrian trails, if any ; he Lot Owners and Lots to raise the excess funds necessary to defray such cost. conservation easement.

(iii). Subdivision. Subdi except for the provision such easements shall be

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0000115 ARTICLE XI

PROVISIONS GOVERNING USE AND OWNERSHIP OF CONSERVATION EASEMENT, AMENITY EASEMENT AND AREAS, GREENSPACE AND AMENITY

IMPROVEMENTS

Section 1. Rules and regulations governing use of the conservation easement by the owners of the lots. Declarant's predecessor in the title has granted a Perpetual Conservation Easement over certain green space areas in the community to the Oconee River Land Trust, Inc., a Georgia non-profit corporation. Said green space upon which the Conservation Easement was granted is shown as green space on the plat of subdivision of Phase 1 of Boulder Springs, by Paul & Evans Land Surveying, Inc. dated 1-8-02, and being in 3 sheets, recorded in Plat Book _ Pages. 35, 36, and 37_ in the office of the Clerk of the Superior Court of Oconee

Said deed of Conservation Easement is recorded in deed book 522., pages 733, in the office of the Clerk of the Superior court of Oconee County, Georgia. Declarant is the fee simple owner of the aforesaid green spaces underlying the Conservation Easement as set forth on the above identified plat of Boulder Springs Subdivision. As stated in Article Il of these

covenants, Declarant shall, on or before the date of conveyance of the last lot in Phase I of the Subdivision, convey said green areas to the Boulder Springs Homeowners Association, Inc., whose members, after said conveyance shall have the right of use of said green space

(Conservation Easement) areas, as such rights are set forth in the deed of easement, subject to certain rules, regulations and prohibitions, including the following activities and uses which are expressly prohibited, to wit:

A. Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. Development that would significantly impair or interfere with the conservation values of the Property is prohibited.

(i). Industrial, Commercial and Agricultural Use. Industrial, commercial and manufacturing activities, including, but not limited to, commercial agriculture and horticulture use and livestock production, are prohibited.

(ii). Signage. Display of billboards, signs or advertisements is prohibited on or over the Property, except the posting of no trespassing signs, signs identifying the preservation and conservation values of the Property, signs identifying proper and improper uses of the Property, signs

identifying the Grantor or his successor in title as owner of the Property, and signs identifying pedestrian trails, if any are constructed, and signs identifying the Grantee as holder of a

conservation easement.

(iii). Subdivision. Subdivision or partitioning of the Property for any purpose is prohibited, except for the provision of utility easements as required by Oconee County. The placement of such easements shall be done with thirty (30) days prior notice to Grantee and will be done so as

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to minimize the impact on surrounding vegetation and so as to minimize the impact on the scenic

vista from New High Shoals Road. provided at Artic requirement of C (iv). Construction. The construction or placement of structures of any kind or improvements, in as provided at V the easement is prohibited except for the construction, placement and maintenance of those items

described in Article V of the Conservation Easement. Such construction shall occur only after (xi). Commercia thirty (30) days prior notice to Grantee and be done so as to minimize the impact on surrounding

vegetation, and shall be done in accordance with Best Management Practices as set out in the Section 2 Field Manual for Erosion and Sediment Control for Land Disturbing Activities issued by the subdivision and : Georgia Soil and Water Conservation Commission, as the same may be in effect at such time. uses permitted, v courts, picnic are (v). Dumping. Disposal of soil, trash, ashes, grass clippings, garbage, waste, construction debris, subject to the rea abandoned vehicles, appliances, machinery, hazardous substances, sewage, or other materials on Association. the property is prohibited. The installation of underground storage tanks is prohibited.

a) Ame (vi). Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging, mining Sprin drilling or removal of topsoil, sand, gravel, rock peat, minerals or other materials; and no change

in the topography of the land in any manner.

b) The s (vii). Water Quality and Drainage Patterns. There shall be no pollution, alteration, depletion or Decl: extraction of the surface water or natural water courses, subsurface water or any other water the s1 bodies, except for the withdrawal of well water. Notwithstanding the foregoing, there shall be no Asso activities conducted on the Property or to the streams whici: cause soil degradation or erosion. of in Disruption of natural drainage patterns and creation of artificial drainage patterns is prohibited, in go including, but not limited to: construction of check dams and other impoundments, except as be du may be required by Oconee County or any other governmental authority. Any disruption of regul natural drainage patterns or creation of storm water control devices as required by Oconee Asso County shall be constructed so as to minimize the impact on surrounding vegetation, and shall be

done in accordance with Best Management Practices as set out in the Field Manual for Erosion Section: and Sediment Control for Land Disturbing Activities issued by the Georgia Soil and Water Declarant is the Conservation Commission, as the same may be in effect at such time. Boulder Springs open space valu (viii). Road Construction. The construction of new roads is prohibited, except for the of Boulder Spri construction of firebreaks and fire roads built by the Georgia Forestry Commission or the U.S. grant a perpetua Forest Service in an emergency situation and for the construction of unpaved access roads to any property and pro community water wells and other utilities as required by Oconee County or private utilities. Said Declarant does access roads shall be constructed in accordance with Best Management Practices as set out in the on the plat of Si Field Manual for Erosion and Settlement Control for Land Disturbing Activities issued by the dated 1-7-02, re Georgia Soil and Water Conservation Commission, as the same may be in effect at such time. the Clerk of the

(ix). Timber Harvesting. Except as provided in Article V (A), harvesting, trimming, harming or

removal of plants on the Property is also prohibited. Firewood removal is prohibited. This a) Eacl prohibition does not include the removal of trees or limbs that fall across any future pedestrian

trail for maintenance purposes.

b) Said (x). Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the opei natural, scenic, and aesthetic features is prohibited, except for the construction of trails as the imp

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0900117š provided at Article V (B), access roads as provided at VI (H), and the installation at the

requirement of Oconee County of community drinking wells and storm water detention devices as provided at V (C), as set out in the Deed of Conservation Easement.

(xi). Commercial Recreation. All but de minimus commercial recreation is prohibited.

Section 2. Amenity Areas. Amenity areas are for the use of owners of the lots within the subdivision and shall not be subdivided and shall remain as green space subject to the amenity uses permitted, which shall be the construction and use of the existing lake, of tennis court, courts, picnic areas, swimming pool or pools, playgrounds, parking areas and clubhouse, all subject to the reasonable rules and regulations promulgated by the declarent and or the

Association.

a) Amenity areas are those areas so designated on the plat of subdivision of Boulder Springs as said plat is described in Section 1 of Article XI, above.

b) The said Amenity areas are at the date of recording of these covenants, owned by Declarant who shall, on or before the date of conveyance of the last lot in Phase I of the subdivision, convey said Amenity areas to the Boulder Springs Homeowners Association, Inc. Whose members, after said conveyance, shall have the right of use of improvements in said Amenity areas, provided that the member must be a member in good standing and have paid all assessments, fees, dues or other sums which may be due to the Association. Such use shall also be subject to such reasonable rules and regulations governing the use of the improvements in the Amenity areas which the Association may establish from time to time.

Section 3. Establishment of Conservation Easement on the Amenity areas. Whereas, Declarant is the owner in fee simple of certain areas designated on the subdivision of Phase I of Boulder Springs as "Amenity areas and Whereas, the Amenity areas posses natural, scenic and open space values (Collectively Conservation Values) of great importance to grantor, residents of Boulder Springs, Oconee County and the State of Georgia, and Whereas, grantor is willing to grant a perpetual Conservation Easement over said Amenity area thereby limiting the use of the property and preserving it as open space, subject to permitted uses as set out below, Therefore, Declarant does hereby grant a Conservation Easement over and in the Amenity areas as shown

the Clerk of the Superior Court of Oconee County, Georgia.

a) Each lot owner in Boulder Springs is granted an undivided interest in said easement.

b) Said easement is granted in perpetuity to ensure that said Amenity area shall remain open space. Any activity on, or use of the property inconsistent with the purpose of the Conservation Easement is prohibited. Development that would significantly impair or interfere with the Conservation Values of the property is prohibited. The

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00591 0000118 0119

following activities and uses are expressly prohibited within the easement by all lot

owners.

(i). Industrial, Commercial and Agricultural Use. Industrial, commercial and manufacturing

activities, including, but not limited to, commercial agriculture and horticulture use and livestock

production, are prohibited.

(ii). Signage. Display of billboards, signs or advertisements is prohibited on or over the Property,

except the posting of no trespassing signs, signs identifying the preservation and conservation

values of the Property, signs identifying proper and improper uses of the Property, signs

identifying the Grantor or his successor in title as owner of the Property, and signs identifying

pedestrian trails, if any are constructed, and signs identifying the Grantee as holder of a

conservation easement.

(ili). Subdivision. Subdivision or partitioning of the Property for any purpose is prohibited,

except for the provision of utility easements as required by Oconee County. The placement of

such easements shall be done with thirty (30) days prior notice to Grantee and will be done so as

to minimize the impact of surrounding vegetation and so as to minimize the impact on the scenic

vista from New High Shoals Road.

(iv). Construction. The construction or placement of structures of any kind or improvements, in

the easement is prohibited except for the construction, placement and maintenance of those items

described in Article V of the Conservation Easement. Such construction shall occur only after

thirty (30) days prior notice to Grantee and be done so as to minimize the impact on surrounding

vegetation, and shall be done in accordance with Best Management Practices as set out in the

Field Manual for Erosion and Sediment Control for Land Disturbing Activities issued by the

Georgia Soil and Water Conservation Commission, as the same may be in effect at such time.

(v). Dumping. Disposal of soil, trash, ashes, grass clippings, garbage, waste, construction debris,

abandoned vehicles, appliances, machinery, hazardous substances, sewage, or other materials on

the property is prohibited. The installation of underground storage tanks is prohibited.

(vi). Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging,

minimg, drilling or removal of topsoil, sand, gravel, rock peat, minerals or other materials; and

no change in the topography of the land in any manner.

(vii). Water Quality and Drainage Patterns. There shall be no pollution, alteration, depletion or

extraction of the surface water or natural water courses, subsurface water or any other water

bodies, except for the withdrawal of well water. Notwithstanding the foregoing, there shall be no

activities conducted on the Property or to the streams which cause soil degredation or erosion.

Disruption of natural drainage patterns and creation of artificial drainage patterns is prohibited,

including, but not limited to: construction of check dams and other impoundments, except as

may be required by Oconee County or any other governmental authority. Any disruption of

natural drainage patterns or creation of storm water control devices as required by Oconee

County shall be constructed so as to minimize the impact on surrounding vegetation, and shall be

done in accordance with Best Management Practices as set out in the Field Manual for Erosion

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0000119 and Sediment Control for Land Disturbing Activities issued by the Georgia Soil and Water Conservation Commission, as the same may be in effect at such time.

(viii). Road Construction. The construction of new roads is prohibited, except for the

construction of firebreaks and fire roads built by the Georgia Forestry Commission or the U.S. Forest Service in an emergency situation and for the construction of unpaved access roads to any community water wells and other utilities as required by Oconee County or private utilities. Said access roads shall be constructed in accordance with Best Management Practices as set out in the Field Manual for Erosion and Settlement Control for Land Disturbing Activities issued by the Georgia Soil and Water Conservation Commission, as the same may be in effect at such time. (ix). Timber Harvesting. Except as provided in Article V (A), harvesting, trimming, harming or removal of plants on the Property is also prohibited. Firewood removal is prohibited. This prohibition does not include the removal of trees or limbs that fall across any future pedestrian

(x). Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural, scenic, and aesthetic features is prohibited, except for the construction of trails as provided at Article V (B), access roads as provided at VI (H), and the installation at the requirement of Oconee County of community drinking wells and storm water detention devices as provided at V (C), as set out in the Deed of Conservation Easement.

(xi). Commercial Recreation. All but de minimus commercial recreation is prohibited.

Section 4. Nothing set out hereinabove in Sections 1,2 or 3 above in Article XI or otherwise shall prevent Declarant, its successors and assigns or the Association or Boulder Springs lot owners from utilizing the Amenity areas for residential recreation such as a

swimming pool, tennis courts, fishing or boating lake, neighborhood meeting and club house, picnic areas, playgrounds, nature trails and other residential recreation uses not inconsistent with such intent as set out herein.

Section 5. It is the intention of Declarant and this easement to provide access to the easement areas to all lot owners in Boulder Springs by virtue of their undivided interest in the easement upon the Amenity areas; however it is the further intent that each homeowner must have paid all dues, fees, assessments or other charges that are due and payable to the Association in order to use the improvements within the Amenity areas.

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so long as may run, a ARTICLE XII as permitte beyond the permitted b GENERAL PROVISIONS (67%) perc subject to ti Section 1. Easements for Architectural Control Committee. There is hereby created in agrees that favor of the Architectural Control Committee, its members, agents, employees and any Section. management company retained by the Architectural Control Committee, an easement to enter in

or to cross over the Lots to inspect and to perform the duties of maintenance and repair of the Sect Lots, as provided for herein. mortgagee c including F Section 2. Easements for Declarant. Declarant hereby reserves for himself, his successors the Veterans and assigns, agents, employees, contractors and sub-contractors, the following easements and written notic rights-of-way in, on, over, under and through any part of the Community for so long as Declarant obligations 1 owns any Lot primarily for the purpose of sale: attend and o

Directors; (c (a) For the erection, installation, construction and maintenance of wires, lines and to inspect cu conduits, and necessary or proper attachments in connection with the transmission of electricity, Regulations, gas, water, telephone, community antenna, television cables and other utilities; hours; (e) be material moc (b) For the construction of improvements on the Lots; be entitled to affects a mat (c) For the installation, construction and maintenance of storm-water drains, public and to timely wri private sewers, and for any other public or quasi-public utility facility; percentage oi such mortgag (d) For use as sales offices, model lots and parking spaces in connection with his efforts named agent to market Lots; and

Sectic (e) For the maintenance of such other facilities as reasonably required, convenient or from time to 1 incidental to the completion, improvement and sale of Lots. into complian determination Section 3. Easements for the Association. There is hereby created in favor of the any reputable Association, its Board of Directors, its members, agents, employees and contractors, an easement subject to this to enter upon, enter in, or cross over the Lots for the purpose of providing the maintenance governmental required by the Association in this Declaration. National Mort lender or Purc Section 4. Enforcement. The Architectural Control Committee, the Association, or any or (iv) if such Owner, including Declarant, shall have the right to enforce, by any proceeding at law or in insurance com equity, all restrictions, conditions, covenants, reservations, easements, fees and charges now or any such amer hereafter imposed by the provisions of this Declaration. Failure by any person to enforce any Owner shall co covenant or restriction herein contained shall in no event be deemed a waiver of the right to do

so thereafter. Sectior follows: Section 5. Duration. The Provisions of this Declaration shall run with and bind the land

and shall be and remain in effect perpetually to the extent permitted by law. Provided, however,

B0591

B121

0000121

so long as Georgia law limits the period during which covenants restricting lands to certain uses may run, any provisions of this Declaration affected thereby shall run and bind the land so long as permitted by such law and such provisions may be renewed or extended in whole or in part beyond the initial period permitted by such law for successive periods not to exceed the period permitted by such law provided such renewal or extension is approved by at least sixty-seven (67%) percent of the Lot Owners. Every Purchaser or grantee of any 'interest in any real property subject to this Declaration, by acceptance or a deed or other conveyance therefore, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section.

Section 6. Rights of Mortgagee In addition to the rights elsewhere provided, each mortgagee of a Lot. or purchaser or insurer of a mortgage on any Lot subject to this Declaration, including Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, the Veterans Administration and the Federal Housing Administration shall (a) be entitled to written notice from the Association of any default by an Owner in the performance of his obligations under the Declaration which is not cured within thirty (30) days; (b) be entitled to attend and observe all meetings of Owners, but not meetings of the Association's Board of Directors; (c) be furnished copies of annual financial reports made to the Owners; (d) be entitled to inspect current copies of the Declaration, Articles of Incorporation, By-Laws, Rules and Regulations, books, records and financial statements of the Association during normal business hours; (e) be entitled to written notice from the Association of any lapse, cancellation, or

material modification of any insurance policy or fidelity bond maintained by the Association; (f) be entitled to written notice from the Association of any condemnation or casualty loss that affects a material portion of the Community, or the Lot securing its mortgage and (g) be entitled to timely written notice of any proposed action which would require the consent of a specified percentage of mortgagees; provided, however, that such mortgagee or purchaser or insurer of such mortgage shall first file with the Association a written request that such notices be sent to a named agent or representative of the mortgagee at an address stated in such notice.

Section 7. Amendment. This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation or judicial

determination which shall be in conflict therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration, (iii) if such amendment is required by an institutional or

governmental lender or purchaser of mortgage loans, including, for example, the Federal

National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or Purchaser to make or purchase mortgage loans on the Lots subject to this Declaration, or (iv) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Lots subject to this Declaration, provided any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing.

Section 8. All amendments other than those specified hereinabove shall be adopted as follows:

00591

0122

80591 0000122 *B123

(a) At least sixty-seven (67%) percent of the Lot Owners shall be necessary to

amend this Declaration. Notwithstanding anything to the contrary herein, it is expressly provided as that any amendment which adversely affects the title to any Lot must be approved by the Owner

of such Lot in writing. Each lot owner shall have one vote. Multi-lot owners shall have as many

votes as lots owned.

(b) The proposed amendment may be proposed by either the Lot Owners or

Declarant. The Declarant, or the Association, may call a meeting of the Lot Owners to consider

such an amendment and shall be required to call such a meeting upon a petition signed by at least

twenty-five (25%) percent of the Lot Owners. If a meeting of the Lot Owners is called to

consider such an amendment, the time within which and the manner by which notice of such S meeting shall be given, the authorized use of proxies, and the quorum required for the transaction

of business at such meeting shall correspond to the requirements for meetings of the Association.

(c) The consent of the Lot Owners required to approve said amendments shall be

obtained by affirmative vote, written consent, or a combination thereof. A meeting of the Lot

Owners shall not be required in the event that the requisite approval of the Lot Owners is

obtained by written consent. The required consent of Declarant shall be in writing.

Section 9. No amendment to the provisions of this Declaration shall alter, modify, change

or rescind any right, title, interest or privilege herein granted or accorded to the holder of any

mortgage affecting any Lot unless such holder shall consent thereto in writing. The written

consent thereto of any mortgage holder affected thereby shall be filed with such amendment.

Every purchaser or grantee of any interest in any real property now or hereafter subject to this

Declaration, by acceptance of a deed or other conveyance therefore, thereby agrees that this

Declaration may be amended as provided in this Section.

Section 10. Interpretation. In all cases, the provisions set forth or provided for in this

Declaration shall be construed together and given that interpretation or construction which will

best effect the intent of the general plan of development. The provisions hereof shall be liberally

interpreted and, if necessary, they shall be so extended or enlarged by implication as to make

them fully effective.

Section 11. Gender and Grammar. The singular whenever used herein shall be construed

to mean the plural when applicable, and the use of the masculine pronoun shall include the

neuter and feminine.

Section 12. Severability. Whenever possible, each provision of this Declaration shall be

interpreted in such manner as to be effective and valid, but if the application of any provision of

this Declaration to any person or to any property shall be prohibited or held invalid, such

prohibition or invalidity shall not affect any other provision or the application of any provision

which can be given effect without the invalid provision or application, and to this end the

provisions of this Declaration are declared to be severable.

Section 13. Captions. The captions of each Article and Section hereof as to the contents

of each Article and Section are inserted only for convenience and are in no way to be construed

88591 0000123 ฿123

as defining, limiting, extending or otherwise modifying or adding to the particular Article or Section to which they refer.

executed this instrument under seal this IN Winus it under sea, the underined, being the Declarant herein, has day of April, 2002

Signed, sealed and delivered in the presence of Boulder Springs Development, LLC

By: Robet B Fire Witness Robert B. Fine i Matin

CIGH MARTIN

NOTARL

PUBLIC

00647'

00710

0001832 0000710

STATE OF GEORGIA 03 FED 25 PM2:26

847 210211

COUNTY OF OCONEE

02-25-03.

FIRST AMENDMENT TO

DECLARATION OF RESTRICTIONS AND COVENANTS

BOULDER SPRINGS SUBDIVISION

OCONEE COUNTY, GEORGIA

THIS DECLARATION, made on the date hereinafter set forth by Boulder Springs, LLC of

Oconee County, Georgia (hereinafter sometimes called "Declarant").

RECITALS:

Declarant is the owner of the real property referenced in Section 1 of Article Il of this

Declaration and described in Exhibit "A" attached to the original Declaration. Said original

Declaration and exhibt were recorded April 12, 2002 in Deed Book 591, pages 98-123 in the

records of Oconee County Georgia.

Declarant desires to subject the real property described in the original Declaration in

Exhibit" A " to the provisions of the Declaration and this amendment and to avail the

Community of the provisions and benefits of the Georgia Property Owner's Association Act

codified at O.C.G.A §44-3-220, et seq.;

NOW, THEREFORE, Declarant hereby declares that the real property described in

Exhibit "A" to the original Declaration, including the improvements constructed thereon, be

subjected to this Declaration as amended, is hereby subject to the provisions of this Declaration as

amended, and the provisions of O.C.G.A §44-3-220, et seq. and shall be held, sold, transferred,

conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants and

restrictions (sometimes referred to herein collectively as "covenants and restrictions") hereinafter

set forth, which are for the purpose of protecting the value and desirability of, and which shall run

with the title to the real property hereby made subject hereto, and shall be binding on all persons

having any right, title or interest in all or any portion of the real property now made subject

hereto, their respective heirs, legal representative, successors, successors in title and assigns, and

shall inure to the benefit of each and every owner of all of any portion thereof.

The Declarations of Restrictions and Covenants are hereby amended as set forth below:

Section 6 (a) of Article V of said original Declaration is hereby deleted and an amended

Section 6 (a) of Article V is substituted in lieu thereof as follows:

seek 775 pg 146-148 Second Amendment

711 0000711

"6 (a) All residences in Boulder Springs Subdivision shall contain a minimum of

2400 square feet of heated living space for a one story home and 2600 square feet of

heated living space for a one and a half or two story home. The 2400 square feet of

heated, living space for one story homes shall exclude garages, porches, terraces, bonus

rooms and basements. One and a half or two story homes must have a minimum of 1800

square feet of heated living space on the first floor excluding, garages, porches, terraces,

and basements. In a one and one half story or two story house, a bonus room will be

allowed as part of the required heated living space on any floor above the first or main

floor. Owners may request, in writing to the Architectural Control Committee, a waiver

of these requirements and said Architectural Control Committee may, under reasonable

circumstances, in its sole discretion, grant such a request, where the resulting appearance

of the home and lot preserves the overall appearance, scheme and design of the

community."

2.

The following shall be added to Section 3 of Article VI:

(a) Immediately after the word "Hardware" in the underlined heading of Section

3, the following shall be added: "All mailboxes within the subdivision shall

uniform and of decorative design."

(b) Immediately after the word "Signs" and immediately before the word "On"

insert the following: "and street number."

3.

The previous Declaration of Restrictions and Covenants shall remain in full force and

effect, subject to this amendment.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein has executed this

instrument under seal this day of February, 2003.

Signed, Sealed and Delivered

une presence Boulder Springs Development, L.L.C.

Habet B Fine

Witness Robert B. Fine

Kasamsuard

ONE WARD HE WARD TH

Notary Public SARIN

NOTARY

ATHENS-CLARE

00775

00146 00775

0996000 00147

04 NOV 30 PH 3:57

75 1 410-148

STATE OF GEORGIA PATE 11:30 0H

COUNTY OF OCONEE

SECOND AMENDMENT TO

DECLARATION OF RESTRICTIONS AND COVENANTS

BOULDER SPRINGS SUBDIVISION

OCONEE COUNTY, GEORGIA

THIS DECLARATION, made on the date hereinafter set forth by Boulder Springs, LLC of

Oconce County, Georgia (hereinafter sometimes called "Declarant").

RECITALS:

Declarant is the owner of the real property, known as Phase II of Boulder Springs,

in Exhibit A attached hereto and desires to subject the said property to the provisions of

the original Declaration and all amendments thereto as recorded April 12, 2002 in Deed

Book 591, pages 98-123 and Deed Book 647, pages 710-711 and to avail the Community

of the provisions and benefits of the Georgia Property Owner's Association Act codified

at O.C.G.A. §44-3-220, et seq.;

ar NOW, THEREFORE, Declarant hereby declares that the real property described

in Exhibit "A" to the original Declaration, including the improvements constructed IN thereon, be subjected to this Declaration as amended, is hereby subject to the provisions in: of this Declaration as amended, and the provisions of O.C.G.A. §44-3-220, et seq. and

shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise

encumbered subject to the covenants and restrictions (sometimes referred to herein Sit collectively as covenants and restrictions) hereinafter set forth, which are for the In purpose of protecting the value and desirability of, and which shall run with the title to

the real property hereby made subject hereto, and shall be binding on all persons having

any right, title or interest in all or any portion of the real property now made subject Abe hereto, their respective heirs, legal representative, successors, successors in title and

assigns, and shall inure to the benefit of each and every owner of all or any portion

thereof.

Eva The Declarations of Restrictions and Covenants are hereby amended as set forth

below:

9560 00775

00147

10146 00147Ř

148 The Property described in "Exhibit A", hereto known as Phase II of Boulder

Springs, is, by this recording of this second amendment to the original declaration and covenants subject to the covenants and restrictions hereinafter and previously set forth and which, by virtue of the recording of this declaration, same being the second

amendment to the original declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the original declaration and all subsequent amendments.

Declarant intends to construct lots in the Community, together with roads, utility systems and other improvements serving the lots. Further, Declarant intends to construct amenities for the benefit of the community, including picnic areas, playgrounds,

swimming pool, tennis courts and nature trails in the common and easement area as

shown on the plat of subdivision, said amenities to include landscape buffers between the common areas and adjoining lots as required. On or before the date of conveyance of the last Lot in the Community by Declarant to an Owner, Declarant shall convey all common areas as shown on the plat of subdivision to the Association as common green space or amenity areas for the enjoyment, benefit, and use of Lot Owners in the Community, who are in good standing in the association and have paid all dues, fees or assessments.

2.

The previous Declaration of Restrictions and Covenants shall remain in full force and effect, subject to this amendment.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein has executed this instrument under seal this 2g4 day of September, 2004.

Signed, Sealed and Delivered Boulder Springs Development, L.L..C.

in the presence of

Ahe Alonha da Dabet B tire

Witness Robert B. Fine

Member

NAM. EVANG

Eva M. Grave

NOTARY

Notary Public

S-CLARKE COUT

00775 '

00148 00149

After rècording, return to: Donald W. Hansford, PC P O Box 1376 Exhibit "A" Watkinsville, GA 30677 Legal Description

All that tract or parcel of land, containing 46.117 acres, more or less, situate, lying and being on

the southerly side of New High Shoals Road, in the 239ại District, G. M. of Oconce County,

Georgia, and being particularly described as follows:

BEGINNING at a point on the southerly right of way line of New High Shoals Road, said point STATE OF GEORGIA being the point of intersection of the centerline of Big Robinson Creek with the southerly right of

way line of New High Shoals Road, thence running along and with the centerline of Big COUNTY OF OCONEE Robinson Creek the following courses and distances: south 27 degrees 38 minutes 55 seconds

west 179.04 feet to a point; south 07 degrees 41 minutes 20 seconds west 111.23 feet to a point;

south 07 degrees 45 minutes 20 seconds cast 50.52 feet to a point; south 42 degrees 08 minutes

00 seconds west 117.06 feet to a point; south 28 degrees 04 minutes 35 seconds west 193.30 feet THIS INDENTU to a point; south 24 degrees 35 minutes 25 seconds east 96.99 feet to a point; south 13 degrees 42 INGRAM COLVIN (he minutes 15 seconds west 211.82 feet to a point; south 10 degrees 50 minutes 00 seconds west JOHN P. COLVIN, as j 141.84 feet to a point; south 17 degrees 03 minutes 40 seconds cast 179.66 feet to a point; south (hereinafter collectively 42 degrees 28 minutes 40 seconds east 99.51 feet to a point; south 19 degrees 32 minutes 55 respective heirs, success‹ seconds east 60.00 feet to a point; south 10 degrees 40 minutes 45 seconds east 169.92 feet to a context requires or perm point; and south 25 degrees 05 minutes 00 seconds west 93:63 feet to a point; thence leaving the

centerline of Big Robinson Creek and running south 76 degrees 29 minutes 35 seconds west

42.40 feet to a concrete monument; thence running south 81 degrees 59 minutes 25 seconds west

1287.44 feet to a concrete monument; thence running north 02 degrees 01 minutes 00 seconds GRANTOR, in ‹ east 1590. 12 feet to an iron pin located on the southerly right of way line of New High Shoals valuable consideration, t Road; thence running along and with said southerly right of way line the following courses and bargained, sold, aliened, distances: north 82 degrees 06 minutes 55 seconds east 501.74 feet to a concrete monument; an and confirm unto Grante arc to the left 347.98 feet, said arc having a radius of 5611.50 feet and being subtended by a (hereinafter referred to a chord distance of 347.92 feet at north 80 degrees 30 minutes 35 seconds east to a concrete

monument; north 78 degrees 45 minutes 10 seconds cast 372.39 feet to a concrete monument; All that lot, tract or par and north 78 degrees 39 minutes 50 seconds east 162.69 feet to a point marking the intersection all improvements there of the centerline of Big Robinson Creek and the southerly right of way line of New High Shoals and on the southwester Road, said point being the point of beginning., being known as Phase Il of Boulder Springs. the southeasterly side

Georgia, and being kn The above property being shown and described on that certain plat of survey entitled "Survey for: being particularly sho Boulder Springs," dated February 14, 2002, prepared by Paul & Evans Land Surveying, Inc., subdivision prepared 1 certified by Gregory J. Evans, Georgia Registered Surveyor, and recorded at Plat Book 34, page October 10, 1998, revi 296, which plat and the record thereof are by reference incorporated herein. Office of the Clerk of: thereof are by referen The above property be

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00802

00605 00606 C604122

After recording, return to: 05 MAY 17 FM 1:34 Donald W. Hansford, PC

P O Box 1376 802 606609 Watkinsville, GA 30677

O5170S

CROSS-REFERENCE TO:

Deed Book 591, Page 98;

Oconee County, GA Records

THIRD AMENDMENT TO

DECLARATION OF RESTRICTIONS AND COVENANTS

BOULDER SPRINGS SUBDIVISION

Oconee County, Georgia

THIS THIRD AMENDMENT TO DECLARATION OF RESTRICTIONS AND COVENANTS is made as of the 1 day of October, 2004 by BOULDER SPRINGS

DEVELOPMENT, LLC, LLC, a Georgia limited liability and ROBERT L. FINE (hereinafter collectively referred to as "Declarant"), for BOULDER SPRINGS SUBDIVISION (hereinafter referred to as the "Subdivision"),

WITNESSETH

WHEREAS, Declarant Boulder Springs Development, LLC is the owner and developer of certain Lots within Phases I and I of the Subdivision and Declarant Robert L. Fine is the owner of portions of the Subdivision to be developed as Phases III and IV, said Subdivision being comprised of that certain real property situate, lying and being in the 239" District, G. M. of Oconee County, Georgia and being more particularly described on Exhibit Al attached hereto and incorporated herein by this reference; and

WHEREAS, Declarant previously has submitted the Subdivision to Declaration of Restrictions and Covenants (hereinafter the "Declaration") filed April 16, 2002 and recorded at Deed Book 591, page 98, in the Office of the Clerk of Superior Court of Oconee County, Georgia, which Declaration is incorporated herein and made a part hereof as if the same were set forth herein verbatim, and which Declaration has been amended as shown on the deed records of Oconee County, Georgia; and

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00802 86802 00607 40608

00657

WHEREAS, Declarant wishes to further amend the Declaration as provided for herein to

clarify certain terms and provisions of the Declaration to reflect the original intent of Declarant

notwithstanding anything contained in the Declaration to the contrary.

NOW, THEREFORE, for and in consideration of the premises and of the benefits to be

derived by Declarant and each and every subsequent owner of any of the Lots within the

Subdivision, Declarant does hereby make and publish this Third Amendment to Declaration of

Restrictions and Covenants for Boulder Springs Subdivision as follows:

I. To supplement the Declaration with an Exhibit "A" describing the real property

subject to the Declaration, that was inadvertently omitted from the recording of the Declaration,

attached hereto as Exhibit "A"' is the correct description of the real property to be, and to have been,

submitted to the Declaration.

2. Article I Section I. Community. The term "Community" as used in the Declaration

shall mean and refer to that certain real property described in ExhibitiA" attached to this Third

Amendment, as the same was originally intended to have been attached to the Declaration.

3. Article II Section 1. Property Subject to Declaration. is hereby amended to delete the

phrase "Declarant intends to construct eighty six (86) lots in the Community,..." in the second

sentence of such Section and substitute therefore the phrase "Declarant intends to construct within

the Community such maximum number of Lots as is allowed by Oconee County subdivision

regulations,. Such Section is further amended to delete the phrase "On or before the date of

conveyance of the last Lot in the Community by Declarant to an Owner,..." in the forth sentence

of such Section and substitute therefore the phrase "On or before the date of conveyance of the last

Lot within Phase IV of the Subdivision by Declarant to an Owner,..

4. Article XI is hereby amended to delete the phrase " ,... Declarant shall, on or before

the date of conveyance of the last lot in Phase I of the Subdivision, convey said green areas.. " in

the third sentence of the second paragraph of Section 1. and substitute therefore the phrase

"Declarant shall, on or before the date of conveyance of the last Lot in Phase IV of the Subdivision,

convey said green areas.

5. It is, and was, the original intent of Declarant that references to "Boulder Springs lot

owners" and to "all lot owners in Boulder Springs" in Article XI Sections 4 and 5 of the Declaration

shall mean, and benefit, the owner or owners of any and all Lots within the Community, same being

defined as the real property described in Exhibit "A" attached to this Third Amendment.

EXCEPT as amended in this Third Amendment, the Declaration, as previously

amended by the First Amendment and the Second Amendment, shall remain in full force and effect.

[SIGNATURES FOLLOW ON NEXT PAGE]

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i to IN WITNESS WHBREOF, the Declarant has caused this instrument to be executed under ant seal, as of the day and year first above written.

be Ekecuted in the presence of BOULDER SPRINGS DEVELOPMENT, LLC the

of By. bet A. Fire

official Witness Robert B. Fine, Member

Notary Public

Commission Expires

[NOTARIAL SEAL] NOTARL

on PUBLIC

ird Executed in the presence ‹

Kaht tau

Unofficial Witness Robert L. Fine

Notary Public

Commission Expires:

[NOTARIAL SEAL] D E

NOTARI

PUBLE

ly

:t.

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00629

Exhibit "A"

The Community

All those lots, tracts or parcels of land, containing 321.48 acres, more or less in the aggregate, situate, lying and being on both sides of New High Shoals Road, in the 239t District, G. M. of Oconee County, Georgia, and consisting of all of the lots comprising Boulder Springs Subdivision, Phases I-IV, and being particularly shown and described according to that certain Preliminary Plat entitled "Boulder Springs Subdivision," Preliminary Plat Phase I and II and Preliminary Plat Phase III and IV, dated June 2000, last revised June 28, 2000, prepared by Jordan Jones & Goulding, certified by Abba M. Abouhamdan, Georgia Registered Engineer, which said plat and the record thereof are by reference incorporated herein for a more complete description of the property.

RBE