Covenants
After recording please return to:
Piedmont Development Corp.
P. O. Box 870068 20 MA 15 PM 2:54 Morrow, Georgia 30287-0068
ALDMAS CLERA DEED BOOK 5T PACE 213 - 04-003674 218
DECLARATION OF RESTRICTIVE COVENANTS AND USE CONDITIONS FOR
BEAR CREEK ESTATES SUBDIVISION
JACKSON COUNTY. GEORGIA
This Declaration of Restrictive Covenants and Use Conditions is made this 11" day of March, 2004, by Piedmont Development #1, LLLP, (Owner), a Georgia LLLP, P. O. Box 870068, Morrow, Georgia 30287.
RECITALS:
Owner is the owner of certain real property located in the Attica G.M.D. 1747 of Jackson County, Georgia, containing 99.88 acres more or less, which is subdivided into eighty-five (85) single family residential Lots called Bear Creek Estates (the "Subdivision"), and is more particularly described on a plat of survey entitled "Final Subdivision Plat of Bear Creek Estates", dated February 10, 2004, last revised March 11, 2004, by Frontline Surveying and Mapping, Inc., Thomas Edward Peay, Jr., Registered Land Surveyor #2402, which plat is to be recorded in the Office of the Superior Court of Jackson County, Georgia, and said plat is incorporated herein by reference ( the "Property").
Owner desires to subject only the Subdivision to the Provisions of this Declaration.
Owner hereby declares the Subdivision, including the improvements, constructed or to be constructed thereon, is hereby subjected to the Provisions of this Declaration and shall he held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, and easements hereinafter set forth, which are for the purpose of protecting the value and desirability of the Subdivision. The Provisions of this Declaration shall run with the title to the Subdivision and shall be binding on all persons or entities having any right, title or interest in all or any portion of the Subdivision and is also binding upon their respective heirs, legal representatives, successors, successors in title, and assigns and shall inure to the benefit of the Owner and each and every Lot Owner.
ARTICLE I - DEFINITIONS
The following words, when used in this Declaranon or any amendment of this Declaration, unless the context shall prohibit, shall have the following meanings:
A. "Owner" shall mean Piedmont Development # 1 LLLP, a Georgia LLLP.
Lot shall mean any and all of the eighty-five (85) individual single-famuly residential Lots contained in the Subdivision.
C. "Lot Owner" shall mean any individual or entity that purchases and retains ownership of a 'Lot".
D. "Dwelling" shall mean the single-family detached structure constructed or to be constructed on each Lot
E. "Restrictive Covenants and Use Conditions" shall mean the covenants, restrictions, and use conditions to which the "Subdivision" is made subject to the provisions hereof.
F. "Declaration" shall mean this Declaration of Restrictive Covenants and Use Conditions for Bear
Creek Estates Subdivision, dated this 11iạồi day of March, 2004, as amended from time to time.
ARTICLE II - RESTRICTIVE COVENANTS AND USE CONDITIONS
LAND USE AND BUILDING TYPE:
A. The Lots shall be used only for residential purposes as defined under the R1 zoning ordinance of the Jackson County Government and as further defined by the rezoning approvals for the Subdivision. Each Lot shall be sold as a single-family residential lot except that one or more Lots may be combined for the purpose of enlarging said Lot for the purpose of one single-family
B. No Lot shall be subdivided without the prior written approval of Owner.
C. At no time shall any Lot or Dwelling be used for or converted to any business or commercial purpose with the exception that one or more Lots may be used as a sales office for selling the Lots as determined by the Owner.
D. At no tire shall any trailer, camper, tent, shack, garage, detached carport, bar, or any other structure erected on any Lot be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
2. DWELLING SIZE AND IMPROVEMENTS QUALITY:
A. The floor space (living area) of each Dwelling excluding open porches, patios, and garages shall not be less than one thousand five hundred (1500). sq. ft. of heated living space for a single story Dwelling and one thousand eight hundred (1800) sq. ft. of heated living space for a two story Dwelling and; no concrete block homes, or used homes shall be placed upon the Lots.
B. All Dwellings shall be of minimum construction standards allowed by the R1 zoning according to the Jackson County Standard Building Code, ordinances, and regulations. No outbuildings or other structures shall be constructed on any individual Lot unless such structures have the same
C. The outside facade plans for all Dwellings or outbuildings together with plans and drawings for all gates, fences, walls, major plantings, entranceways and mailboxes including the location must be approved by the Owner, and a written approval for the same obtained by the Lot Owner before construction begins.
There shall be no outbuilding constructed without the Dwelling being erected on the Lot first or in conjunction with the construction of the Dwelling.
E. All Dwellings must be placed on a permanent foundation, either slab or pier, which meets the requirements of the Standard Building Code of Jackson County Government. In addition, a masonry curtain wall, unpierced except for the required ventilation and access, must be installed so that it encloses the area under the Dwelling to ground level.
F. Utility meters for the Dwellings are to be mounted to the Dwelling rather than on a utility pole. G. No signs shall be permitted on individual Lots other than Lot numbers and Lot Owner's names, with the exception of "Home or Lot For Sale" signs.
H. All propane, gas, oil, or other fuel storage tanks or containers shall be buried beneath the ground or be placed in a location that shall not be visible from the public right-of-way fronting the Dwelling.
I. All driveways must be paved with asphalt, concrete, or other permanent decorative stone and tied into the existing road pavement. Lot Owner shall re-grass the right-of-way after installing the driveway.
J. No clotheslines, drying racks, or fences used for drying clothes shall be constructed or maintained on any Lot.
K. Exterior antennas for television, radio, or any type of transmission shall be located at the rear of the residence or behind the chimney so as to be unobtrusive to the Lot Owners.
L. All Lots will have a concrete sidewalk running from front Lot corner along the entire right-of-way to front Lot corner as required by the Jackson County Planning Office.
3. BUILDING LOCATION:
No building shall be located on any Lot within twenty (20) feet of an adjacent side yard property line, thirty-five (35) feet of the road right-of-way, or forty (40) feet of the rear yard property line. All recorded plat building setback lines and Jackson County regulations shall override these restrictions when applicable.
4. LOT CLEARING:
No Lot shall be extensively cleared without the prior written approval of Owner.
5. NUISANCES:
A. No noxious or offensive activity shall be carried on upon any Lot, and nothing shall be done which may be or may become an annoyance or nuisance to the Lot Owners in the Subdivision.
B. Any unsightly Lot appearance such as, but not limited to, trash, fallen trees, dead trees, tall unkept grass or undergrowth or any other type debris must be disposed of by the Lot Owner. If unsightly conditions persist, the Owner may have the same cleaned up and the Lot Owner agrees to reimburse the Owner the cost of the same.
6. GARBAGE AND REFUSE DISPOSAL:
No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, and other waste shall be kept only in sanitary containers and be regularly removed and shall not be allowed to accumulate.
B. No junk cars, junk boats, junk trailers, junkyards, trash dumps or unsightly debris shall be placed upon any Lot.
APPEARANCE OF LOTS:
A. All boats shall be placed in carports, boathouses, or stored on the Lot behind the Dwelling away from the sight of the public road.
B All Lots shall be maintained in a manner as not to deface the Subdivision.
C. The owner of each Lot assumes the full responsibility for the Lot maintenance, and agrees to maintain the Lot in a neat, orderly, and clean state.
8. LIVESTOCK:
No cows, horses, sheep, goats, pigs, chickens, or other livestock or fowl shall be permitted to be kept on the Lots. Dogs, cats and other household pets may be kept if properly leashed or penned and shall be permitted on the Lots provided they are not kept, bred, or maintained for any commercial purpose. However, no dogyards shall be permitted which are offensive in odor or design or offensive to adjoining property or Lot Owners and shall be located on the Lot where it will not be seen from the public road.
9. HUNTING:
There shall be no hunting in the Subdivision.
ARTICLE III - EASEMENTS
UTILITY AND DRAINAGE: Easements are reserved to the Owner, its successors and assigns, for installation and maintenance of utilities (including without limitation electrical power, gas, water, telephone, and lines for security systems and cablevision systems which may now or hereafter be installed for the benefit of all or substantially all of the Lots in the Subdivision), drainage facilities, storm sewers and sanitary sewers, over, across, and under ten (10) foot wide strips of land along the front and side lot lines of all Lots; with a further easement reserved to cut or fill at a three-to-one slope along the boundaries of all public streets or roads in the Subdivision. Storm drainage easements and flow shall not be disturbed or obstructed nor shall it be diverted from drainage easements as designated on the final plat of the Subdivision.
MAINTENANCE: There is hereby reserved for the benefit of the Owner, and its respective agents, employees, successors, and assigns, an alienable, transferable and perpetual right and easement to enter upon any Lot for the purpose of mowing, removing and/or clearing, underbrush, weeds, stumps or other unsightly growth as to maintain reasonable standards of health, fire safety, and appearance within the Subdivision, provided that such easements shall not impose any duty or obligation upon Owner to perform any such actions.
ARTICLE IV - GENERAL PROVISIONS:
TERM: This Declaration is to run with the Subdivision, and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date this Declaration is recorded, after which time said Declaration shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the Lot Owners in said Subdivision has been recorded, agreeing to
2. ENFORCEMENT: Enforcement shall be by any appropriate proceedings at law or in equity brought by the Owner or by any Lot Owner against any person or persons violating or attempting to violate any Provision contained in this Declaration. Any failure by the Owner or any Lot Owner to enforce any of
FILED SUPEROR COURT JACKSON COUNTY, CA 2004 SEP 17 PM 1:55 REBA PARAS, CLERA
Pleasc retur atter recording to: Raference: Dead Book 33T Wayne Bagley, Vice President Page 213-21šŚę Piedmont Development Corporation
P.O Box 14
Watkinsville, GA 30677
FIRST SUPPLEMENTARY DECLARATION OF RESTRICTIVE COVENANTS AND
USE CONDITIONS
FOR
BEAR CREEK ESTATES SUBDIVISION
JACKSON COUNTY, GEORGIA
THIS FIRST SUPPLEMENTARY DECLARATION OF RESTRICTIVE COVENANTS AND USE CONDITIONS FOR BEAR CREEK ESTATES SUBDIVISION (First Supplementary Declaration is made this 17" day of September, 2004 by Piedmont Development #1, LLLP, a Georgia LLLP, (hereinafter, together with successors in title and assigns, sometimes called "Owner".)
WITNESSETH:
WHEREAS, the Owner recorded that certain Declaration of Restrictive Covenants and Use Conditions for Bear Creek Estates Subdivision in Deed Book33T, Pages 213-218, Official Records, Clerk of Superior Court, Jackson County, Georgia, (the "Declaration");
WHEREAS, Article IV, Section 5 of the Declaration provides that the Owner reserves the right by the filing of a Supplemental Declaration to modify or amend this Declaration at any time as long as the Owner holds any title interest in the Subdivision;
WHEREAS, any such modification or amendment shall be effective upon the filing for record of such Supplementary Declaration.
these Resunctive Covenants and Use Conditions or other provision shall in no event be deemed a waiver of the right to do so thereafter.
3. SEVERABILITY: Invalidation of any one of these Restrictive Covenants and Use Conditions by judgement or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
4. RECORDING AND REFERENCE: A copy of this Declaration shall be recorded on the public records in the Office of the Clerk of the Superior Court of Jackson County, Georgia; and all conveyances of said Lots shall be subject to this Declaration.
5. SUPPLEMENTS TO THIS DECLARATION: The Owner reserves the right by the filing of a
Supplemental Declaration to modify or amend this Declaration at any time as long as the Owner holds any title interest in the Subdivision.
VARIANCES AND WAIVERS OF RESTRICTIONS: So long as permitted by Georgia law and so long as the Owner owns any Lot or interest in the Subdivision subjected to this Declaration, the Owner may waive or otherwise allow and authorize variances from the provisions hereof; provided, however, no material or substantial waiver or variance shall be given or be valid without Owner's prior written consent to such waiver or variance.
7. WAIVER OF WRITTEN APPROVAL: If the Owner does not_own any Lot or interest in the
Subdivision, at the Owner's sole and complete discretion, the Owner may waive any written request for consent or approval required in this Declaration by failing to respond within thirty (30) days to a written request for consent or approval.
8. NOTICES: Any notice required to be sent to any Lot Owner pursuant to any provision of this Declaration shall be in writing and shall be deemed received when sent by depositing such notice with the United States Postal Service with adequate postage prepaid, regular mail, addressed to the Lot Owner for whom it is intended at his last known place of residence, or to such other address as may be furnished to the Owner, (it being specifically required of the Lot Owner to keep the Owner informed of his current address). The date of such notice shall be the date of mailing.
DELEGATION AND ASSIGNABILITY: Owner shall at all times and from time to time have the right to delegate any and all functions herein reserved or granted to it. Further, notwithstanding any other provision contained herein to the contrary, Owner shall have the right at all times and from time to time to fully transfer, convey, and assign all or any part of its respective right, title and interest under this Declaration; however, any transferee, grantee or assignee shall take such right, title and interest subject to all obligations of the Owner, also herein contained in respect thereto and such transferee, grantee or assignee shall be deemed to have assumed the same.
CAPTIONS: The captions of each section hereof as to the contents of each section are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying or
GENDER: The singular wherever used herein shall be construed to mean the plural when applicable, and the use of the masculine pronouns shall include the neuter and feminine.
SIGNATURES ON NEXT PAGE
NOW, THEREFORE, in consideration of the premises and of the benefits to be derived by the Owner and accruing to the property and owners within the Bear Creek Estates Subdivision, the Owner does hereby amend the Declaration as follows:
Delete in its entirety ARTICLE II, PARAGRAPH 2, SUBPARAGRAPH A and replace with the following:
2. DWELLING SIZE AND IMPROVEMENTS QUALITY:
The floor space (living area) of each Dwelling constructed upon Lot #'s 1 through 10, 30 through 46, Block A and Lot #'s 1 through 39, Block B, excluding open porches, patios, and garages shall not be less than one thousand eight hundred (1800) sq. ft. of heated living space. The floor space (living area) of each Dwelling constructed upon Lot #'s 11 through 29, Block A, excluding open porches, patios, and garages shall not be less than two thousand four hundred (2400) sq. ft. of heated living space and; no concrete block homes, or used homes shall be placed upon the Lots.
Insert into ARTICLE II, PARAGRAPH 2, a new SUBPARAGRAPH M as follows: M. All Lots must be landscaped with sod before a final certificate of occupancy is issued to the builder.
III. Insert into ARTICLE IV, a new PARAGRAPH 12(A) and 12(B) as follows: 12. PROPERTY OWNERS' ASSOCIATION:
The Subdivision may be submitted to the provisions of The Georgia Property Owners' Association Act (OCGA Section 44-3-220 et seg) without amendment to these covenants, so long as a majority of the Lot Owners elect to create a Property Owners' Association which shall be bound by said Act.
In the event a property owners' association is established by a majority of the Lot Owners in the Subdivision which requires mandatory membership of the Lot Owners, all Lot Owners will become a member and be bound to the by-laws, rules and regulations, and dues and assessments as determined by said Property Owners' Association.