Covenants
State of Georgia After recordation, return to:
Hobert B, Bates County of Clarke Cook, Noell, Tolley & Wiggins page i SEP 20 I1 30 AN '96 P. D, 80x 1927
Athens, GA 30603 DEE TO GIVE COVERANTS
BRITTANY PLACE
/QATHIS DECLABATION OF PROTECTIVE COVENANTS, made and publishec hisfIst day of January,'1996. By Rawind, Inc., a Georgia corporation, having thei principal office in Hall County, Georgia.
WITNESSETH:
WHEREAS, Rawind, Inc, is the owner of certain real property located in the city of Athens, Clarke County, Georgia, which property is more particularly described on A plat of Brittany Place, prepared by Patton-Patton Inc. 537 Shaloword Rd., Cal 2 6 Georgia. Dated f~39 - 90 and recorded in plat book -. page 120 in the Office of Clerk of Superior Court of Clark County Georgia, which plat is
WHEREAS, it is to the Interest, benefit and advantage of Rawind, Inc, and to each and every party who shall hereafter purchase or acquire any lot subject to the provisions hereof that certain protective covenants regulating and governing the use and occupancy of said lots be established, set forth and declared Covenants ninning with the land.
NOW, THOREFORE, for and in consideration of the premises and the benefits to bo derived, Rawind, Ino. does hereby set up, establish, promulgate and declare the following protective covenants to apply to the lands described on the aforesaid plat and to all persons or entities owning or acquiring said lots, or any of them hereafter; and these protective covenants shall become offective inumediately and run with the land and shall be binding on all persons or parties claiming under and through Declarant until such time as said covenants may be extended, modified or terminated, in whole or in part, as hereinafter provided, to wit
1. LAND USE - Said lots lall be used for residential purposes only, with each lot being used as a angle family residence lot; but in the event some lot (s) should not meet the requirementa of the Clarke County Ecalth Dept., said lots may be used for recreational purposes, including park or playground and/or that which is suitable with a residential stadivision according to the zoning provisions of Clarke County zoning ordinance.
B00K 158"7 PAGE 361
3 10276
State of Georgia County of Clarke
page 2
description shall be erected, placed or altered on any fot unless and until the construction 2. ARCHITECTURAL, CONTROL » No structure or improvement of any plans and specifications have been submitted and approved by the Architectural control commitice, as hereinafter defned, as to qualily of workmanship and materials and harmony of external design and existing grade elevation and surroundings. increase density of dwellings within said subdivision. 3. SUBDIVISION OF TRACTS - Individual lots may not be subdivided so as to pernitted to remain on any lot other than one single family unit and private drive to garage 4. ARCHITECTURAL DESIGN - No structure shall be erected, Altered, placed or or other outbuildings customarily used in a singlo family divelling. maintained on said lots consisting of lesa than one thousand four hundred (1400) square 5. DWELLING SIZE - No dwelling shall be constructed, erected placed altered or (1550) square feet of heated floor space in a two story or split-level building, excepting feet of heated floor space in a onc-story bullding, or one thousand five hundred and fifty basements in both. BUILDING LOCATION - No dwelling or building shall be constnicted, erected, house faces) than the minimum building setback line as indicated on the above subdivision placed or constructed on a tract closer to the street right-of-way (street on which the G_ plat. The Architectural Control Committee ahalf have authority to grant slight adjustmenta to the above requirements if it is found that these requirements impose an undue hardship on a property owner in locating a site for a home. Approyal of any such exception must For purposes of this Covenant, garages, and open porches shall be be in writing. considered as part of the structure.
than four wheels, grading equipment or similar vehicles may not be parked on the streets, VEHICLE PARKING - Vchicles such as road equipment, trucks having more driveways or elsewhere on the property unless such equipment is specifically in use for initial construction and grading of sald property. Junk cars and other inoperable vehicles may not be stored on property nor repaired on the property at any time; no vehicles of any kind may be parked on the street. Boats less than 18 feot may be stored on the driveway If neatly covered and not an eyesore to the noighbors, No motor homes may be parked on the driveways; however, they may be parked out of street view on their private parking pad.
800K 1587 PAGE 562
State of Georgia
County of Clarke
page 3
TEMPORAKY STRUCTURES¿ No mobile home, modular home, tent, shack, garage, detached carport, barn or other outbuildings cracted, constructed or placed on a tract shall be used as a residence, either temporarily or pormanently; nor shall any stricture of temporary charter be used as a residence at any time; nor shall any preassembled or factary-built structure ba placed thereon as a residence. Only conventionally constructed, permanent dwellings shall be erected on said lots. 9. DESIGN REQUIREMENTS OF OUTBUILDINGS - No garage, detached carpet, bam or other outbuildings shall be erected, constructed or placed on a tract that does not conform with the quality of workmanship, materials, and harmony of external design with existing strictures, and with topography and finish grade elevation. No sặtellite receiving dish, antennae or similar apparatus shall be erected or installed on any lot where visiblo from the street and the helght of antennac, satellite dish, or other apparatus must not exceed tho height of the roof located on the existing residence, 10. BUILDINO MATBRIAL REQUIREMENTS - No building shall have concrcie blocks as any portion of the exposed finished material, Concrete blocks ray be used only as foundations; except this provision shall not prevent a masonry type house with stucco type exterior walls.
11. FENCES - All fonces must be approved though the A.C.C. Only fences or walks conforming architecturally to the principal dwellings shall be erected or constructed on any lot. No metal or wire fences will be permitted when they can be seen from the streat. 12. LIVESTOCK AND POULTRY - No snimals, or livestock of poultry of any kind shall be housed, maintained, raised on any lot, oxcept domestic pets. Domestic pets shall be permitted, so long as the same shall not constitute a nuisance to the neighborhood. Domestio pets shall be limited to those pets customarily maintained on premises, and no vicious dogs or other animals that may be a threat to children other humans may be kept or malntained.
13, • NUISANCES - No noxlous or offensive activity shall ba carriod on upon any tract, nor shall anything be done therefor which may be or may become an annoyance of nuisance to the neighborhood or community.
14. SIGNS - No signs of any kind shall be displayed to the public view on any tract except one professiontl sign of not more than onc (1) saaare foot. Signs of not more than five (5) square feet advertising the property during the construction and aales period shall be allowed.
"N00x 1587 PAGE
County of Clarke State of Georgia
pago 4
15. DRIVEWAYS AND GARAGES - All driveways shall be of concrete qurface and all garages shall be of two-car design.
16. GARBAGE'AND REFUSE CONTROL. « No tract shall be used or maintained H3 a dumping ground for rubblah, trash, garbage, or other waste. Any trash or garbage stored on premises temporarily shell at all timcs be kept in sanitary containers out of public view. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean, sanitary condilion.
drainage facilities are reserved as shown on the recorded subdivision plat. Trees, limbs 17. EASEMENTS - Easements for the installation and maintenance of utilities and and other obstructions to street visibillty or cascments must be trimmed as necessary for the benefit of sald casements) and community,
18. ARCHITECTURAL CONTROL COMMITTEE (A) MEMBERSHIP - The Architectural Control Committee shall be more representatives to act on behalf of or in the place of it, including a homcowners compoaed of Rewind, Inc, which hereby spacitically reserves the right to designate one or association or other entity responsible to the owners of land in said subdivision, event of death or resignation of any membor of the committee, the remaining members A majorily of the committee may designate a representative to act for it, In the nor its designated representatives shall be entitled to any compensation for services shall have full authority to designate a successor. Neither the members of the committee, the lots shall have the power, through a duly written instrument, to change the performed pursuant to this covenant. At any time, the then record owners of a majority of membership of the committee or to restore to it any of its powers and duties.
(B) PROCRDURE - The Committee's approval or disapproval as required in Should the committee, or its designated representative, fall to approve or disapprove, within 30 days after the plans and these covenants shall be in writing. specifications and proposed site location have been submitted to it, or in any event, if no suit to enjoin construction has been commenced prior to the completion thereof, approval will not bo required, and the related covenants) shall be deemed to have been fully complied with.
BOUX 1587 PAGE 564
Stato of Georgia
County of Clarke
page 5
19. . TERMS OF COVENANTS - Theso Covenants are to run with the land and shall be binding on all persons, parties or entities claiming under them for a period of twenty (20) years from the date those Covenanta are recorded, after which time said covenanta shall be automatically renewed and extended for successive periods of ten, (10) years, unless and until a majorily of the then record owners of sald lots has earlier agreed, by duly executed and recorded written instrument, to modify these covenants, whole or in part.
20, ENFORCEMENT - Enforcement shall be by proceedings in law and equity against any person or persons, party or parties, entity or entities, violating or attempting to violate any covenant(s), either to restrain or enjoin violation therefor or to recover damages;
21. SEVERABILITY - Invalidation of any one of more of theso covenants by judgment or court order shall in no way effect any other provision(9) which shall remain of full force and effect.
Rawind, Inc., its owners, heirs, successorn, assigns, or grantees are heroby relieved from any and all liability of any type or any cause of action of any nature whatsoever for the use of said described property that may arise from the usc of the same,
Rawind, Inc., its successors and assigns, hereby expressly reserves the right to develop any adjacent property in accordance with its sole discretion and shall not be determined to have restricted said property by expression or implication by the execution or recording of the instrument,
offer has caused his decision, be axed, end ding the a da dily sported 1993.
NES CENTRA EAT, ESKA, M FILED FOR RECORD AT By
Frosten Secreti
RECORDE T$2
Signed, sealed and delivered
in the presence of;
Berlease B. Scott.
itness tablic