Covenants
000219
WARRANTY DEED Form No. 21
STATE OF GEORGIA, CLARKE County. Baid tract of be applicable for THIS IDENTURE made and entered into this 2) + - day of OctOBER is specifically in of land herein cor in the year of our Lord One Thousand Nine Hundred and Ninty-Four property or lots o between Said trac Elinor M. Tillman Terrell, Billups P. Tillman and Thomas M. Tillman, Jr. residential purpos except that it or another lot. It n of the County of Clarke , State of Georgia, as Parties of the Pirst Part, and contains at least
300 feet. No fenc Edward W. McDuffie, Jr. vations between ty main on any corner and a line connact street property l1 of the County of Fulton › State of Georgia, as Part y of the Second Part, tances of such int to prevent obstruc WITNESSETH, that the said Part ies of the First Part, for and in consideration of the sum of
2. No buildi Ten and No/100($10.00) and other valuable considerationsof land until the
• Dollars or other improver in hand paid, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknoulaged, or their successo: into consideratio ha ve granted, bargained, sold, aliened, conveyed and confirmed, and by these presents do grant, bargain, and as to locatio sell, alien, convey and confirm unto the said Part y of the Second Part, his 3. No buila tract of land oth heirs and assigns, the following described property, to-wit: more than four ca 2 single family dwe
All that tract or parcel of land lying and being in the 221st District, G.M., Oconee, sive of one-story County, Georgia, containing 4.714 acres, situated at the East corner of the intersection of heated living of Wild Azalea Lane and Crystal Hills Drive and being more particularly described dwelling of more 5according to a plat by Ben Mcleroy & Associates, Inc., dated September 27, 1994, entitled 1,400 square feet
" Survey for Edward W. McDuffie, Jr." said plat being recorded in Plat Book prohibited, A st Page , in the Clerk, Superior Court, Oconee County, Georgia, to which reference permittad, as her is hereby made for a more detailed description of the property herein conveyed. 4. to carpo This property is conveyed subject to those Protective Covenants annexed to this deed Lane ..' No build front lot line or line.
CONEE CORNLY, GEORO al Estate Transfer T
See Bls 418 p. 79-83 Paids 63.70 5. No struc other outbuilding temporarily or pe 1994 Papertył dumping ground fo other equipment ! TO HAVE AND TO HOLD the said described properly, with all and singular, the rights, members and of and sanitary conc purtenances thereunto appertaining, to the only proper use, benefit and behoof of the said Part y of the Second 6 . No noxio nor shall anythi Part, his heirs, executors, administrators and ossigns, in Fee Simple, to the neighborh
And the said Part ies of the First Part warrant and will forever defend the right and title to the above 7. No anim said tract of la described properly unto the said Party of the Second Part, his heirs and assigh three large anim and ponies, may ; against the lawful claims of all persons whomsoever. purposes.
8. No indi IN WITNESS WHEREOF, the said Part ies of the First Part have hereunto unless such syst set their hand s , affixed their seal s , and detivered these presenl 9. No 11V1 the day and year first above written. cut on said trac or thair succest size, without s Sign ed; sealed and delivered in the presence of
headlu
Til 'errell
Sut Connieston Exple Aug. 22, 10581 1lups W. Tilln
1908
000220 EXHIBIT A
Said tract of land is conveyed subject to the following restrictions which shall
be applicable for a period of Twenty (20) years from the date of this instrument. It
is specifically intended that these restrictions shall be applicable only to the tract
of land herein conveyed and shall not by implication impose themselves upon any other
property or lots owned by said Parties of the Firat Part,
1. Said tract of land and amenities connected therewith must be used only for
ramidential purposes. Said tract of land must be used as a single residential lot,
except that it or any portion thereof can be combined with another lot or portion of
another lot. It may be divided into another single family lot so long as said lot.
contains at least three acres and has a minimum width at the street on which it fronts of
irst Part, and, 300 feet. No fence, wall, hedge or shrub planting which obstructs sight lines at ale-
vations between two and six feet above the roadways shall ba placed or permittad to ra-
main on any corner lot within the triangular area formed by the street property lines
and a line connecting them at points twenty-five (25) feet from the intersection of the
street property lines extended. No tree shall be permitted to remain within such dis-
\ Part, tances of such intersections unless the foliage line is maintained at sufficiant height
to prevent obstruction of such sight lines.
2. No building, fence, wall or other improvements shall be erected on said tract
of land until the plans, specifications and a plat showing the location of the building
or other improvements have been approved in writing by the Parties of the Firat Part,
or their successors prior to commencement of construction. Such approval shall take
into consideration the quality of workmanship and raterials, harmony of external design
and as to location, with respect to topography and finish grade elevation. i
Ho building shall be eracted, altered, placed or permitted to remain on said
tract of land other than one detached single faimly dvelling, a private garage for not
more than four cars, and any other outbuildings customarily used in connection with a
single fanily dwelling. The ground floor area of the main dwelling structure, exclu-
sive of one-story open porches and garages, shall not be less than 2,000 square feet
of heated living area for a one-story dwelling, nor less than 2,000 square feet for a
ibed dwelling of more than one story, the ground floor of which must contain not less than
1,400 square feet. The placement of a mobile home on this tract of land is specifically
prohibited. A stable or shed for the keeping c* animals, feed and equipment shall be
permittad, as hereinafter set out.
4. No carport or garage shall open facing Crystal Hills Drive or Wild Azalea
Lane • : No building shall be located on said tract of land nearer than 200 feet to the
front lot line or to a side street line nor nearer than 50 feet to any side or rear lot
line-
5. No structure of a temporary character, trailer, tent, shack, garage, barn or
other outbuilding shall be used on said tract of land at any time as a residence, either
temporarily or permanently. Said tract of land shall not be used or maintained as a
dumping ground for rubbish, garbage or waste, and all containers and incinerators or
other equipment for the storage or disposal of such material shall be kept in a clean
and sanitary condition.
6. No noxious or offensive activity shall be carried on upon said tract of land,
nor shall anything ba done thereon which may be or may become an annoyance or nuisance
to the neighborhood.
7. No animals, livestock or poultry of any kind shall be raised, kept or bred on
said tract of land, except that dogs, cats, other household pets and not more than
three large animals, said large animals being limited to beef or dairy cattle, horsas Filed for record 10-24-94 Recorded on 10-25 - 94 and ponies, may be kept, provided they are not kept, bred or maintained for commercial Sandra C. Glass, Clerk purposes. at 8130 am/om
B. No individual sewage disposal system shall be permitted on said tract of land
unless such system is approved by the Georgia Department of Public Health.
these presents
9. No living tree having a diameter greater than ten inches, breast height, may be
cut on said tract of land without the written consent of the Parties of the First Part,
or their successors, nor may any dogwoods, sourwoods or nagnolias be cut, regardless of
size, without such written consent.
all (S66)
(SEAL)
aa1)
2. Funds for Taxes and Insu Lender on the day monthly payments are assessments which may attain priority ground rents on the Property, if any; (c) yearly mortgage insurance premiums, if ai paragraph 8, in lieu of the payment of mi time, collect and hold Funds in an amour require for Borrower's escrow account ur 12 U.S.C. Section 2601 et seq. ("RESPA" any time, collect and hold Funds in an ar the basis of current data and reasonable law.
The Funds shall be held in an institu Lender, if Lender is such an institution) o Lender may not charge Borrower for hold Items, unless Lender pays Borrower Inte See Dial 321 p. Lender may require Borrower to pay a connection with this loan, unless applicab Su Bick 340 p.610 to be paid, Lender shall not be required t writing, however, that interest shall be pai OCONEE COUC. GLASS GEORGIA ACHA INTANGIBLE TAX PALL RETURN TO: Funds, showing credits and debits to the SANDRA C. C. MICHAEL ROSE pledged as additional security for all sums Clerk, Suporior So5)_(AM) (PED) 396.00 CARCIA A SINGH, P.A. If the Funds held by Lender exceed th FILED FOR 10-24, 1994 AND RECORDEŚął nt24 456 FESSARCH DRIVE excess Funds in accordance with the requ IN BOOK # _ sufficient to pay the Escrow Items when ON_ .. 10 ATHENS, GA 30605 Lender the amount necessary to make up
(700) 548-1126 payments, at Lender's sole discretion. GEORGIA, OCONEE COUNTY Tax Collector/Commissioner - Upon payment in full of all sums secu SATISFIED AND CANCELLED County Lender. If, under paragraph 21, Lender st 59 PAGE Le 22 FOR AUTHORITY apply any Funds held by Lender at the lin
Noi [Space Above This Line For Recording Data] 3. Application of Payments. THIS 30 DAY OF SECURITY DEED 1 and 2 shall be applied: first, to any prep to interest due; fourth, to principal due; ar nout gomestpEP CLERK) 4. Charges; Liens. Borrower sh which may attaln priority over this Security THIS SECURITY DEED (Security Instrument) is given on October 20, 1994. The grantor Is Leonard L. Bernat and obligations in the manner provided in par Hazel/J. Bernat ("Borrower"). This Security Instrument is given to Oconee State Bank, which is organized and existing person owed payment. Borrower shall under the laws of the State of Georgia, and whose address Is P.O. Box 205, Watkinsville, GA Borrower owes Lender the principal sum of One Hundred Thirty-Two Thousand and 00/10093. (Lender*). Borrower makes these payments directly,
Borrower shall promptly discharge any (U.S.$132,000.00). This debt is evidenced by Borrower's note dated the same date as this Security Instrument (Note), which to the payment of the obligation secured provides for monthly payments, with the full debt, if not paid earlier, due and payable on November 1st, 2024. This Security defends against enforcement of the lien In Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with Interest, and all renewals, extensions and lien; or (c) secures from the holder of the modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this If Lender determines that any part of the I Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. may give Borrower a notice Identifying the For this purpose, Borrower does hereby grant and convey to Lender and Lender's successors and assigns, with power of sale, the within 10 days of the giving of notice. following described property located In Athens-Clarke County, Georgia: 5. Hazard or Property Insur:
Property insured against loss by fire, haza All that tract or parcel of land, together with all improvements thereon, situate, lying and flooding, for which Lender requires Insurar being in the 221st District, G.M., Oconee County, Georgia, containing 2.081 acres, more or requires. The insurance carrier providing ti less, and being more particularly described on a plat of survey entitled "Survey for Leonard unreasonably withheld. If the Borrower fa L. & Hazel J. Bernati by Armentrout, Roebuck & Company, P.C. dated October 4, 1994 and to protect Lender's rights in the Property recorded in Plat Book 24, page JaS, in the Office of the Clerk of the Superior Court of All insurance policies and renewals sh Oconee County, Georgia and being incorporated herein by reference for a more particular have the right to hold the policies and description. premiums and renewal notices. In the ev may make proof of loss if not made prom This is improved property with a residence situated thereon known as 1101 Great Oaks Unless Lender and Borrower other Lane according to the present system of numbering houses in Watkinsville, Oconee County, Property damaged, if the restoration or re Georgia. GEORGIA-Single Family-FNMA/FHLMC U
which has the address of 1101 Great Oaks Lane, Watkinsville, GA 30677.
TO HAVE AND TO HOLD this property unto Lender and Lender's successors and assigns, forever, together with all the
improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the
property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey
the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by
jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
GEORGIA-Single Family-FNMA/FHLMC UNIFORM INSTAUMENT • Form 3011 9/90
000222 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum (Funds). for: (a) yearly taxes and
assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or
ground rents on the Property, If any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e)
yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of
paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items. Lender may, at any
time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may
require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time,
12 U.S.C. Section 2601 et seq. ("RESPA), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at
any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on
the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable
law.
The Funds shall be held in an institution whose deposits are Insured by a federal agency, instrumentality, or entity (including
Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items.
Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow
Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However,
Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender In
connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requres Interest
to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in
writing, however, that Interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are
USE pledged as additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the
excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not
sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to
Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly
payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by
Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall
apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs
1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third,
to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priorily over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these
.. Bernat and obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the
ized and existing person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If
677, ("Lender). Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments.
'S *** Dollars Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing
t ("Note), which to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or
24. This Security defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the
, extensions and len; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.
e security of this If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender
nt and the Note. may give Borrower a notice Identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above
ower of sale, the within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term extended coverage" and any other hazards, Including floods or
ying and flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
more or requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be
Leonard unreasonably withheld. If the Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage
1994 and to protect Lender's rights in the Property in accordance with paragraph 7.
Court of All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall
particular have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all recelpts of paid
premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
eat Oaks Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
: County, Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or
GEORGIA-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3011 9/90
ther with all the
after a part of the
eferred to in this
grant and convey
I defend generally
ited variations by
tly pay when due
Note.
000079
FILED IN OFFICE
CLERK OF SUPERIOR COURT
TORE CONTY, GEORGIA Return to:
07 DEC 11 AN 9: 14ł Milton F. Eisenberg, II PEC. BCO4H18 Pe29-23 Blasingame, Burch, Garrard,
Bryant & Ashley, P.C. DATE - 12-9' P.O. Box 832
ANDRA O GLASS, CLERN Athens, Georgia 30603 STATE OF GEORGIA
COUNTY OF OCONEE
NOTICE OF AMENDMENT TO PROTECTIVE COVENANTS
WHEREAS Elinor T. Terrell, Billups P. Tillman and Thomas M. Tillman, Jr. gave a
Warranty Deed to Edward W. McDuffie, Jr. on or about the 21st day of October, 1994, said
Warranty Deed being filed in the records of Oconee County, Georgia in Deed Book 316, Pages
219-220; and,
WHEREAS said Warranty Deed conveyed the property described therein subject to
protective covenants annexed to said Warranty Deed as Exhibit "A"; and,
WHEREAS Elinor T. Terrell, Billups P. Tillman and Thomas M. Tillman, Jr. and
Edward W. McDuffie, Jr. wish to substitute for said protective covenants some new and different
protective covenants; and,
WHEREAS the new substituted protective covenants are attached hereto as Exhibit "A";
and,
WHEREAS the new substituted protective covenants attached hereto are now to be
considered as Exhibit "A" to said Warranty Deed, and are to be made a part thereof;
NOW THEREFORE, the parties to said Warranty Deed have hereunto filed this
document and said new protective covenants with the clerk of court and the attached new
protective covenants are now substituted for the original protective covenants initially attached as
anty Deed filed in the records of Oconee County, Georgia in Deed Book
the Clerk should cross-reference this document on said Warranty Deed.
HEREOF, the said parties have hereunto set their hands and seals this
ember, 1997.
1 delivered in the presence of:
EDWARD MCDUFFIE,
sefore me,
ember, 1997.
WITNESS
'leg
NOTARY
*SON COUNT. - 050.2.. GEORGIA
worn to and subscribed befor this -- day of hecama: Beneff
Notary Public:
My Commission Expires:
(Seal)
THOMAS M. TILLMAN, JR.
›efore me,
Endes 1997. WITNESS
ele
NOTARY PURLIC POLETHOFOT COUNTY, GA MY COMMISSA PALS JULE 20, 2000
Sworn to and subscribed before this 8513 day of oce%-
Notary Public
My Commission Expires:
000081
WITNESS
Naps I. Sa
UPS P. TILLMAN
sworn to and subscribed before me
this S 2 day of ecaras 1997
Notary Puble: NOTARY PURLY, OF AY COMMOSIR RAT Y, GA
My Commission Expires:
Peraldni Famitt
WITNESS
Elina 7 Janets ELINOR T. TERRELL
Sworn to and subscribed before me,
this * day of Decembes 1997.
Notary Public
My Commission Expires:
NAMENDCOV.DOC
RESTR
Said tract of land is conveyed subjec a period of twenty (20) years from the date ‹ restrictions shall be applicable only to the tr: impose themselves upon any other property
Said tract of land and ameniti purposes. Said tract of land must be used as can be combined with another lot or portion lot so long as each lot contains at least three fronts of 300 feet. No fence, wall, hedge or between two and six feet above the roadway within the triangular area formed by the stre twenty five (25) feet from the intersection of permitted to remain within such distances of sufficient height to prevent obstruction of su EXHIBIT *A" 2.
No building, fence, wall or ot until the plans, specifications and a plat shov have been approved in writing by the Parties commencement of construction. Such appro workmanship and materials, harmony of ext and finish grade elevation.
3. No building shall be erected, other than one detached single family dwelli other outbuildings customarily used in conne of the main dwelling structure, exclusive of 2,000 square feet of heated living area for a ‹ dwelling of more than one story, the ground The placement of a mobile home on this trac keeping of animals, feed and equipment shal
4. No carport or garage shall op building or other improvements shall be loca line or to a side street line nor nearer than 25
5. No structure of a temporary c outbuilding shall be used on said tract of land permanently. Said tract of land shall not be i garbage or waste, and all containers and inci such material shall be kept in a clean and san
6. No noxious or offensive activ anything be done thereon which may be or m
7. No animals, livestock or poul land, except that dogs, cats, other household animals being limited to beef or dairy cattle, bred or maintained for commercial purposes.
No individual sewage disposa system is approved by the Georgia Departme
9. No living tree having a diame said tract of land without the written consent any dogwoods, sourwoods or magnolias be c
000083
EXHIBIT A
RESTRICTIVE COVENANTS
Said tract of land is conveyed subject to the following restrictions which shall be applicable for a period of twenty (20) years from the date of this instrument. It is specifically intended that these restrictions shall be applicable only to the tract of land herein conveyed and shall not by implication impose themselves upon any other property or lots owned by said Parties of the First Part:
1. Said tract of land and amenities connected therewith must be used only for residential purposes. Said tract of land must be used as a single residential lot, except that it or any portion thereof can be combined with another lot or portion of another lot. It may be divided into another single family lot so long as each lot contains at least three acres and has a minimum width at the street on which it fronts of 300 feet. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways 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 twenty five (25) feet from the intersection of the street property lines extended. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
No building, fence, wall or other improvements shall be erected on said tract of land until the plans, specifications and a plat showing the location of the building or other improvements have been approved in writing by the Parties of the First Part, or their successors prior to
commencement of construction. Such approval shall take into consideration the quality of
workmanship and materials, harmony of external design and as to location, with respect to topography and finish grade elevation.
No building shall be erected, altered, placed or permitted to remain on said tract of land other than one detached single family dwelling, a private garage for not more than four cars, and any other outbuildings customarily used in connection with a single family dwelling. The ground floor area of the main dwelling structure, exclusive of one-story open porches and garages, shall not be less than 2,000 square feet of heated living area for a one-story dwelling, nor less than 2,000 square feet for a dwelling of more than one story, the ground floor of which must contain not less than 1,400 square feet. The placement of a mobile home on this tract of land is specifically prohibited. A stable or shed for the keeping of animals, feed and equipment shall be permitted as hereinafter set out.
4. No carport or garage shall open facing Crystal Hills Drive or Wild Azalea Lane. No building or other improvements shall be located on said tract of land nearer than 160 feet to the front lot line or to a side street line nor nearer than 25 feet to any side or rear lot line.
5. No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shall be used on said tract of land at any time as a residence, either temporarily or permanently. Said tract of land shall not be used or maintained as a dumping ground for rubbish, garbage or waste, and all containers and incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
6. No noxious or offensive activity shall be carried on upon said tract of land, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
No animals, livestock or poultry of any kind shall be raised, kept or bred on said tract of land, except that dogs, cats, other household pets and not more than three large animals, said large animals being limited to beef or dairy cattle, horses and ponies, may be kept, provided they are not kept, bred or maintained for commercial purposes.
8. No individual sewage disposal system shall be permitted on said tract of land unless such system is approved by the Georgia Department of Public Health.
9. No living tree having a diameter greater than ten inches, breast height, may be cut on said tract of land without the written consent of the Parties of the First Part, or their successors, nor may any dogwoods, sourwoods or magnolias be cut, regardless of size, without such written consent.
10084
FILED IN OFFICE
GIA LEEK OF SUPERIOR COURT
PATY GEORGIA
- COUNTY Record and return to:
07 DEC 11 AN 9:18
The indebtedness referred to in that certain Pel if Pict &Y
ebt from Charlotte Hale to American General Finance. ATTN:
Ited 3-21-94 - - and of record in Deed Book
in the Office of the Clerk of the Superior Court of THIS DEE the Grantor, JERE County, Georgia, having been paid in full and the
med being the present record holder and owner of buch deed existing under the la
SUITE 340 ATL
WHEREAS le of being the original Grantee or by virtue of evidenced by Borro
"Note"), providing 1 ents of record in Deed Book n/a, page ....n/a, the Clerk payable on Janu:
TO SECUR Superior Court is authorized and directed to cancel tha! sums, with interest the covenants and a record as provided in Code Section 44-14-4 of the O.C.G.A. and assigns, with p
Georgia: er mortgage cancellations.
IN WITNESS WHEREOF, the undersigned ha_s set.. its
nd seal, this 107 day of December 1997.
SEE
AMERICAN GENBRAI FINANCE, TOOK 389
Joha KiPal
BY : Page 550_
ATIESI: Attrivey IN Fact
which has the addr sealed and delivered
sane above shown, in of :
TO HAVE improvements now to be and remain a Not Conside Exon our 27, gia if this Deed is on a
Borrower c PUBLIC Property, and that will defend genera
UNIFORN
Payi principal of and in
2. Fun on the day monthl equal to one-twelf which may attain 1 hazard insurance, and from time to ti to make such pay mortgage or deed ‹
If Borrowe guaranteed by a F taxes, assessments account or verifyi permits Lender to the Funds shall be not be required to accounting of the Funds are pledged
If the amo of taxes, assessme premiums and gro Borrower on mont insurance premiu one or more paym
Form #1044 GA (
BOOK 829 PAGE 288
DULT 008505
FILED IN OFFICE
10/05/2005 01:36 PM
BK: 827 PG:280-209
After Recording Retur To: ANGELA WATSON
Thomas M. Tillman, Jr. CLERK OF SUPERIOR
160 West Clayton Street COUET
Athens, GA 30601 IN WITN
OCONEE COUNTY day of August, 20
STATE OF GEORGIA
Signed, sealed and COUNTY OF ATHENS-CLARKE presence of:
DECLARATION
official Witnes: RE: All the various lots, parcels, and tracts of land located in Crystal Hills Subdivision, evaldı
Oconee County, Georgia. Notary Public. WITNESSETH: CONSON EMPIRES
WHEREAS, contemporaneous with the filing of this Declaration, the undersigned is conveying
certain property located in Crystal Hills Subdivision to an entity styled "Crystal Hills, LLLP, a Georgia
limited liability limited partnership" (the 'Company"); and
WHEREAS, the undersigned constitutes the original developers of Crystal Hills Subdivision and
desires to make certain provisions regarding the Protective Covenants that affect the various lots located
in Crystal Hills Subdivision which were conveyed subject to Protective Covenants; and
WHEREAS, Crystal Hills Subdivision contains more than fifteen (15) individual plots of land as
contemplated in O.C.G.A. Section 44-5-60.
NOW THEREFORE, for and in consideration of the mutual benefits flowing to the undersigned Signed, sealed and and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, presence of. the undersigned make and publish the following Declaration:
1. Protective Covenants. Each and every tract of land located in Crystal Hills Subdivision which offigal Witness is now or formerly subject to certain recorded Protective Covenants shall continue to be subject to said
recorded Covenants for a period of twenty (20) years from the date of recordation of such Covenants,
after which time said restrictions shall automatically extend for successive periods of twenty (20) years Notary Publi each. 299960.1.
41850
2. Architectural Control Committee. The aforesaid Covenants contain certain provisions that
require that any improvements made on any property located in Crystal Hills Subdivision, the plans and
specifications of which must be approved in writing by the undersigned prior to the commencement of
construction (the "Architectural Control Committee"). The undersigned hereby agree and stipulate that
upon the death of Thomas M. Tillman, Jr., the Architectural Control Committee shall automatically
consist of the individuals constituting the general partners of the Company.
BOOK 829 PAGE 289
=36 PM BK: 829 PG: 299
-289
LOR
IN WITNESS WHEREOF, the undersigned hereby make and publish this Declaration this 31st day of August, 2005.
Thomas M. Tillman, Jr.
2. Deucel (SEAL) Elinor T. Terrell
Tillera _(SEAL) Billups P. Tillman
Signed, sealed and delivered in the
fresence of:
official/Witaess
Deraldinel Darnett
Notary Public ONE CubY, CCORDA
SO0CSN NES 0OS6H 15, 008
READ, AGREED AND ACKNOWLEDGED: ying CRYSTAL HILLS, LLLP, a Georgia
rgia limited liability limited partnership
L(SEAL› n and Thomas M. Tillman, Jr., general partner
cated
und as Elinor T. Terrell, general partner
_(SEAL) Billups P. Tilman, general partner
gned Signed, sealed and delivered in the
dged, presence of.
Part
bud-
which fidal Witness
aid
iS,
cars CONCY, GIORGIA
SALM 15, 2208
, and
• that
BOOK 829 PAGE 290 DOCL 008506
FILED IN OFFICE
10/05/2005 01:36 PM
BK:829 PG: 290-295
ANGELA WATSON
After Recording Return To: CLERK OF SUPERIOR
Thomas M. Tillman, Jr. COURT
P.O. Box 1308 OCONEE COUNTY TRACT ONE: Athens, GA 30603 ALL that tract
221» District, designated as I Phase Five as prepared by Ber 1995, and bein of the Clerk o: reference bein description of SUBMISSION OF PROPERTY TO PROTECTIVE COVENANTS
TRACT TWO: RE: All that tract or parcel of land, situate, lying and being Oconee County, Georgia, as more ALL that trac particularly described on Exhibit "A" attached hereto and made a part hereof (the 221st District "Property"). acres in Cryst that certain I WITNESSETH: 1995, preparec which is here WHEREAS, Thomas M. Tillman, Jr. is the fee simple titleholder of the Property described on property here; Exhibit "A" as captioned hereinabove; and described as 1
WHEREAS, Thomas M. Tillman, Jr. desires to subject the Property to those certain Protective Beg: Covenants as set forth on Exhibit "B" attached hereto and made a part hereof (the "Protective the ofCovenantsỊ). Ashv a c NOW THEREFORE, Thomas M. Tillman, Jr. hereby declares that the Property described on the
attached Exhibit "A", including the improvements constructed or to be constructed thereon are hereby min subjected and submitted to the provisions of the Protective Covenants set forth on Exhibit "B" and the 25. Property shall be held, sold, transferred, conveyed, used, occupied, mortgaged or otherwise encumbered fee subject to the Protective Covenants and the restrictions set forth therein. iro the IN WITNESS WHEREOF, the undersigned has herein executed this instrument under seal this Ash 30thday of August _, 2005. sec whi (SE L) arc THOMAS M. TILLMAN, JR con
Ash Signed sealed and delivered in the sec presence of: the
•Ash sec Unoffical Witness whi Scaldini A Darnett
Votary Publi AS ITY GLORGIA
300744.1 And wincH I5, 2028
rad
BOOK 829 PAGE 291
6 PM BK:829 PG* 291
95
EXHIBIT "A"
TRACT ONE:
ALL that tract or parcel of land, situate, lying and being in the 221s District, G.M., Oconee County, Georgia, and being known and designated as Lot 14, Block A, of Crystal Hills Subdivision,
Phase Five as shown according to that certain plat of survey
prepared by Ben McLeroy & Associates, Inc., dated August 31,
1995, and being recorded in Plat Book 24, page 259, in the Office of the Clerk of the Superior Court of Oconee County, Georgia,
reference being hereby made to said plat for a more complete
description of the property herein conveyed.
TRACT TWO:
ALL that tract or parcel of land, situate, lying and being in the
that certain plat for "Thomas M. Tillman, Jr." dated September 28, 1995, prepared by Ben McLeroy & Associates, Inc., reference to which is hereby made for a more particular description of the
property herein conveyed, and said property being more particularly described as follows, to wit:
Begin at an iron pin situate at the corner of
the southwesterly intersection of the rights-
of-way of Crystal Hills Drive (60' R/W) and
Ashwood Lane (50' R/W) and running thence along
a curve along the westerly side of the right-
of-way of Ashwood Lane South 15 degrees 58
minutes 16 seconds West a chord distance of
25.00 feet, which curve has a radius of 803.66
feet and an arc distance of 25.00 feet to an
iron pin; continuing thence along the curve on
the westerly side of the right-of-way of
ashwood Lane, South 7 degrees 05 minutes 02
seconds West a chord distance of 223.58 feet,
which curve has a radius of 803.66 feet and an
arc distance of 224.31 feet to an iron pin;
continuing thence along the westerly side of
Ashwood Lane South 0 degrees 54 minutes 43
seconds East 142.01 feet to a point; continuing
thence along the curve on the westerly side of
Ashwood Lane South 17 degrees 18 minutes 22
seconds West a chord distance of 125.19 feet,
which curve has a radius of 200.22 feet and an
arc distance of 127.32 feet to a point situate
at the northwesterly intersection
rights-of-way of Ashwood Lane (50' R/W) and
Wild Azalea Lane (60' R/W); running thence
along a curve along the northeasterly side of
the right-of-way of Wild Azalea Lane North 66
degrees 14 minutes :: seconds West a chord
distance of 380.70 feet which curve has a
radius of 551.38 feet and an arc distance of
GE 292
B4 809 рд. 342
388.70 feet to a point; continuing fenceyalqng: 292
the northerly side of Wild Azalea
degrees 26 minutes 41 seconds West 102.53 feet
to a point; thence leaving the right-of-way of
Wild Azalea Lane and running thence North 13
degrees 04 minutes 55 seconds West 56.39 feet 21.60 feet to a: to a point; running thence North 2 degrees 18 44 degrees 31 m. minutes 00 seconds East 74.16 feet to a point; feet to an iron running thence North 28 degrees 12 minutes 14 degrees 21 minu seconds West 108.32 feet to a point; running to an iron pin; thence South 42 degrees 59 minutes 50 seconds 50 minutes 09 se West S.00 feet to an iron pin; running thence point situate al North 25 degraes 01 minutes 55 seconds West Crystal Hills DI 25.63 feet to an iron pin; running thence North along a curve a] 42 degrees 59 minutes 50 seconds East 8.00 feet the right-of-wa} to a point; running thence North 31 degrees 48 47 degrees 09 mi minutes 58 seconds West 70.75 feet to a point distance of 144. situate in the center of a branch, the radius of 467.34 centerline of said branch being the property 144.43 feet to line; running thence along the centerline of beginning. said branch the following courses and
distances: thence North 52 degrees 56 minutes
53 seconds West 52.86 feet to a point; thence
North 14 degrees 21 minutes 20 seconds West
46.15 feet to a point; thence North 41 degrees
18 minutes 47 seconds West 48.22 feet to a
point; thence North 1 degree 58 minutes 39
seconds West 25.01 feet to a point; thence
North 71 degrees 56 minutes 34 seconds West
49.53 feet to a point; thence North 64 degrees
32 minutes 18 seconds West 19.91 feet to a
point; thence North 18 degrees 10 minutes 12
seconds East 18.16 feet to a point; thence
South 88 degrees 47 minutes 14 seconds West
33.33 feet to a point; thence North 40 degrees
15 minutes 10 seconds West 16.74 feet to a
point; thence South 64 degrees 15 minutes 35
seconds West 60.41 feet to a point; thence
North 59 degrees 30 minutes 55 seconds West
22.14 feet to a point; thence North 82 degrees
34 minutes 55 seconds West 15.48 feet to a
point; thence North 64 degrees 35 minutes 06
' seconds West 25.91 feet to a point; thence
South 74 degrees 27 minutes 47 seconds West
14.27 feet to a point; thence North 47 degrees
48 minutes 49 seconds West 29.00 feet to a
point; thence leaving the centerline of said
branch, and running thence North 31 degrees 14
minutes 09 seconds East 126.13 feet to an iron
pin; running thence South 88 degrees 37 minutes
51 seconds East 176.50 feet to an iron pin;
running thence North 72 degrees 51 minutes 09
seconds East 100.00 feet to an iron pin;
running thence South 84 degrees 54 minutes 51
seconds East 37.10 feet to an iron pin; running
thence South 65 degrees 13 minutes 51 seconds
East 31.50 feet to an iron pin; running thence
South 53 degrees 45 minutes 51 seconds East
BOOK 829 PAGE 293
BK: 829 PG:293
21.60 feet to an iron pin; running thence south
44 degrees 31 minutes 51 seconds East 248.70
feet to an iron pin; running thence South 79
degrees 21 minutes 51 seconds East 185.80 feet
to an iron pin; running thence North 64 degrees
50 minutes 09 seconds East 90.29 feet to a
point situate along the southwesterly side of
Crystal Hills Drive (60' R/W); running thence
along a curve along the southwesterly side of
the right-of-way of Crystal Hills Drive South
47 degrees 09 minutes 48 seconds East a chord
distance of 144.85 feet, which curve has a
radius of 467.34 feet and an arc distance of
144.43 feet to an iron pin and the point of
beginning.
329 PAGE 294
EK :829 PG:294
EXHIBIT "B"
Said tract of land is conveyed subject to the following restrictions which shall be 6. No noxious or offer applicable for a period of Twenty (20) years from the date this instrument is recorded, after anything be done thereon whic which time said restrictions shall automatically extend for successive periods of Twenty (20) neighborhood.
years each. 7. No animals, livestoc
1. Said tract of land and amenities connected therewith must be used only for residential of land, except that dogs, cats, large animals being limited to l purposes. Said tract of land must be used as a single residential lot, except that it or any portion are not kept, bred or maintainer thereof can be combined with another lot or portion of another lot. It may be divided into
another single family lot so long as said lot contains at least three acres and has a minimum 8. No individual sewag width at the street on which it fronts of 300 feet. No fence, wall, hedge or shrub planting which such system is approved by the obstructs sight lines at elevations between two and six feet above the roadways shall be placed or
permitted to remain on any corner lot within the triangular area formed by the street property 9. No living tree having ines and a line connecting them at points twenty-five (25) feet from the intersection of the street said tract of land without the wr property lines extended. No tree shall be permitted to remain within such distances of such Hills Subdivision, or their succe ntersections unless the foliage line is maintained at sufficient height to prevent obstruction of regardless of size, without such such sight lines.
2. No building, fence, wall or other improvements shall be erected on said tract of land facilities are resened as the ins intil the plans, specifications and a plat showing the location of the building or other
mprovements have been approved in writing by the Architectural Control Committee of Crystal 11. Whenever the Architec filis Subdivision, or their successors prior to commencement of construction. Such approval hardships or practical difficulties shall take into consideration the quality of workmanship and materials, harmony of external and/or the purposes of these restr lesign and as to location, with respect to topography and finish grade elevation. proposal, the Architectural Contr approve variances to these restric 3. No building shall be erected, altered, placed or permitted to remain on said tract of effect of nullifying the purpose o and other than one detached single family dwelling, a private garage for not more than four cars,
ind any other outbuildings customarily used in connection with a single family dwelling. The 12. Enforcement shall be pi ground floor area of the main dwelling structure, exclusive of one-story open porches and violating or attempting to violate garages, shall not be less than 2,400 square feet of heated living area for a one-story dwelling, recover damages. In the event it i or less than 2,400 square feet for a dwelling of more than one story, the ground floor of which and covenants, the property owne nust contain not less than 1,400 square feet. The placement of a mobile home on this tract of attorneys fees and other costs of tl and is specifically prohibited. A stable or shed for the keeping of animals, feed and equipment Subdivision incurred in connectio hall be permitted, as hereinafter set out.
13. Invalidation of any one ‹ 4. No carport or garage shall open facing the street on which this tract of land fronts. No affect any of the other provisions uilding shall be located on said tract of land nearer than the setback line shown on the recorded 306742.1
ubdivision plat as to the front lot line or as to a side street line, nor nearer than 50 feet to any
ide or rear lot line.
5. No structure of a temporary character, trailer, tent, shack, garage, barn or other
utbuilding shall be used on said tract of land at any time as a residence, either temporarily or
ermanently. Said tract of land shall not be used or maintained as a dumping ground for rubbish,
garbage or waste, and all containers and incinerators or other equipment for the storage of
isposal of such material shall be kept in a clean and sanitary condition.
(929_1) (1929_1)
BOOK 829 PAGE 295
BK: 829 PG=295
6. No noxious or offensive activity shall be carried on upon said tract of land, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
7. No animals, livestock or poultry of any kind shall be raised, kept or bred on said tract of land, except that dogs, cats, other household pets and not more than two large animals, said large animals being limited to beef or dairy cattle, horses and ponies, may be kept, provided they are not kept, bred or maintained for commercial purposes.
8. No individual sewage disposal system shall be permitted on said tract of land unless such system is approved by the Georgia Department of Public Health.
9. No living tree having a diameter greater than ten inches, breast height, may be cut on said tract of land without the written consent of the Architectural Control Committee of Crystal Hills Subdivision, or their successors, nor may any dogwoods, sourwoods or magnolias be cut, regardless of size, without such written consent.
10. Easements for the installation and maintenance of utilities, buffer areas, and drainage facilities are reserved as shown on the recorded subdivision plat.
11. Whenever the Architectural Control Committee of Crystal Hills Subdivision finds that hardships or practical difficulties may result from strict compliance with these restrictions,
and/or the purposes of these restrictions may be served to a greater extent by an alternative
proposal, the Architectural Control Committee of Crystal Hills Subdivision may unilaterally
approve variances to these restrictions provided, however, that such variances shall not have the effect of nullifying the purpose of these restrictions.
12. Enforcement shall be proceedings at law or in equity against any person or persons
violating or attempting to violate any covenant or restriction, either to restrain violation or to
recover damages. In the event it is necessary to retain an attorney to enforce these restrictions
and covenants, the property owner violating said covenant(s) shall be liable for reasonable
attorneys fees and other costs of the Architectural Control Committee of Crystal Hills
Subdivision incurred in connection with the enforcement of said covenant(s).
13. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
306742.I
B29 PAGE 296
DOC 008507
FILED IN OFFICE
10/05/2005. 01:36 PM
BK:829 PG:296-299
ANGELA WATSON
After Recording Return To: CLERK OF SUPERIOR
Thomas M. Tillman, Jr. COURT
P.O. Box 1308 OCONEE COUNTY
Athens, GA 30603
ALL that tract or pai 221st District, G.M., acres, more or less, to that certain plat Tillman" prepared by 27, 1974, and being r Office of the Clerk Georgia, reference be SUBMISSION OF PROPERTY TO PROTECTIVE COVENANTS complete description
RE: All that tract or parcel of land, situate, lying and being Oconee County, Georgia, as more
particularly described on Exhibit "A" attached hereto and made a part hereof (the
Property').
WITNESSETH:
WHEREAS, Regina Jackson Tillman is the fee simple titleholder of the Property described on
Exhibit "A. as captioned hereinabove; and
WHEREAS, Regina Jackson Tillman desires to subject the Property to those certain Protective
Covenants as set forth on Exhibit "B" attached hereto and made a part hereof (the "Protective
Covenantsồi).
NOW THEREFORE, Regina Jackson Tillman hereby declares that the Property described on the
attached Exhibit "A", including the improvements constructed or to be constructed thereon are hereby
subjected and submitted to the provisions of the Protective Covenants set forth on Exhibit "B" and the
Property shall be held, sold, transferred, conveyed, used, occupied, mortgaged or otherwise encumbered
subject to the Protective Covenants and the restrictions set forth therein.
IN WITNESS WHEREOF, the undersigned has herein executed this instrument under seal this
30th day of August _, 2005ł(r)ą
REGINA JACKSON TILLMAN
Signed sealed and delivered in the
presence of:
Loud Ant
official Witness
malden barnett
Notary Public
3007442 i
BOOK 829 PAGE 297 E
: 36 PM BK:829
299 PG:297 TOR
EXHIBIT "A"
ALL that tract or parcel of land, situate, lying and being in the 221st District, G.M., Oconee County, Georgia, containing 28.834 acres, more or less, and being more particularly shown according to that certain plat of survey entitled "Survey For Billups P. Tillman" prepared by Ben McLeroy & Associates, Inc., dated August 27fice of the Clerk of the Superior Court of oconee County, 1974, and being recorded in Plat Book 5, page 266, in the Georgia, reference being hereby made to said plat for a more
complete description of the property herein conveyed.
more
on
ive
BK:829 PC:298
EXHIBIT IBI 6. No noxious or offensive activity sh. anything be done thereon which may be or ma of land is conveyed subject to the following restrictions which shall be neighborhood.
riod of Twenty (20) years from the date this instrument is recorded, after
strictions shall automatically extend for successive periods of Twenty (20) 7. No animals, livestock or poultry of : of land, except that dogs, cats, other household large animals being limited to beef or dairy cat ct of land and amenities connected therewith must be used only for residential are not kept, bred or maintained for commercia ct of land must be used as a single residential lot, except that it or any portion
abined with another lot or portion of another lot. It may be divided into 8. No individual sewage disposal syster ily lot so long as said lot contains at least three acres and has a minimum such system is approved by the Georgia Depart on which it fronts of 300 feet. No fence, wall, hedge or shrub planting which
es at elevations between two and six feet above the roadways shall be placed or 9. No living tree having a diameter grea n on any corner lot within the triangular area formed by the street property said tract of land without the written consent of necting them at points twenty-five (25) feet from the intersection of the street Hills Subdivision, or their successors, nor may a nded. No tree shall be permitted to remain within such distances of such regardless of size, without such written consent. s the foliage line is maintained at sufficient height to prevent obstruction of
10. Easements for the installation and mai facilities are reserved as shown on the recorded s ding, fence, wall or other improvements shall be erected on said tract of land
cifications and a plat showing the location of the building or other 11. Whenever the Architectural Control Cc e been approved in writing by the Architectural Control Committee of Crystal hardships or practical difficulties may result from or their successors prior to commencement of construction. Such approval and/or the purposes of these restrictions may be s sideration the quality of workmanship and materials, harmony of external proposal, the Architectural Control Committee of cation, with respect to topography and finish grade elevation. approve variances to these restrictions provided, I effect of nullifying the purpose of these restrictior fing shall be erected, altered, placed or permitted to remain on said tract of
: detached single family dwelling, a private garage for not more than four cars, 12. Enforcement shall be proceedings at law uildings customarily used in connection with a single family dwelling. The violating or attempting to violate any covenant or ›f the main dwelling structure, exclusive of one-story open porches and recover damages. In the event it is necessary to re ›e less than 2,400 square feet of heated living area for a one-story dwelling, and covenants, the property owner violating said c ' square feet for a dwelling of more than one story, the ground floor of which attorneys fees and other costs of the Architectural ss than 1,400 square feet. The placement of a mobile home on this tract of Subdivision incurred in connection with the enforc prohibited. A stable or shed for the keeping of animals, feed and equipment
as hereinafter set out. 13. Invalidation of any one of these covenan affect any of the other provisions which shall rema 306742.1 ort or garage shall open facing the street on which this tract of land fronts. No
cated on said tract of land nearer than the setback line shown on the recorded
to the front lot line or as to a side street line, nor nearer than SO feet to any
ture of a temporary character, trailer, tent, shack, garage, bar or other
e used on said tract of land at any time as a residence, either temporarily or
tract of land shall not be used or maintained as a dumping ground for rubbish,
nd all containers and incinerators or other equipment for the storage of
aterial shall be kept in a clean and sanitary condition.
BOOK 829 PAGE 299
BK :829 PG:299
6. No noxious or offensive activity shall be carried on upon said tract of land, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood.
7. No animals, livestock or poultry of any kind shall be raised, kept or bred on said tract of land, except that dogs, cats, other household pets and not more than two large animais, said large animals being limited to beef or dairy cattle, horses and ponies, may be kept, provided they are not kept, bred or maintained for commercial purposes.
8. No individual sewage disposal system shall be permitted on said tract of land unless such system is approved by the Georgia Department of Public Health.
9. No living tree having a diameter greater than ten inches, breast height, may be cut on said tract of land without the written consent of the Architectural Control Committee of Crystal Hills Subdivision, or their successors, nor may any dogwoods, sourwoods or magnolias be cut, regardless of size, without such written consent.
10. Easements for the installation and maintenance of utilities, buffer areas, and drainage facilities are reserved as shown on the recorded subdivision plat.
11. Whenever the Architectural Control Committee of Crystal Hills Subdivision finds that hardships or practical difficulties may result from strict compliance with these restrictions, and/or the purposes of these restrictions may be served to a greater extent by an alternative proposal, the Architectural Control Committee of Crystal Hills Subdivision may unilaterally approve variances to these restrictions provided, however, that such variances shall not have the effect of nullifying the purpose of these restrictions.
12. Enforcement shall be proceedings at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages. In the event it is necessary to retain an attorney to enforce these restrictions and covenants, the property owner violating said covenants) shall be liable for reasonable attomeys fees and other costs of the Architectural Control Committee of Crystal Hills
Subdivision incurred in connection with the enforcement of said covenant(s).
13. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 306742.1