Covenants
00504
0776
0000776 CLERK OF FILED IN OFFICE
ACONEE COUNTY, GEORGIA SUPERIOR COURT CO MAY 16 PM 3: 02 REC. 600K 504PAGE 776-792 SANDRA C. GLASS. CLER. GATE 2-2=200
STATE OF GEORGIA
COUNTY OF OCONEE
DECLARATION OF RESTRICTIONS AND COVENANTS
DIALS MILL PLANTATION
OCONEE COUNTY. GEORGIA
THIS DECLARATION, made on the date hereinafter set forth by DIALS MILL PARTNERS. L.L.C. (hereinafter sometimes called " Declarant").
RECITALS:
Declarant is the owner of the real property referenced in Section I of Article Il of this Declaration and described in ExhibitiA" attached hereto.
Declarant desires to subject the real property described in ExhibitiA" to the provisions of this Declaration. and to avail the Community of the provisions and benefits of the Georgia Property Owners" Association Act codified at O.C.G.A. §44-3-220. et seq.: and
NOW, THEREFORE. Declarant hereby declares that the real property described in Exhibit "A* to this Declaration, including the improvements constructed or to be constructed thereon, 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 representatives, 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 Dials Mill Partners, L.L.C. and such other individuals or entities as Declarant may appoint and thereafter those persons selected by the Board of Directors in
C. "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be hereinafter amended.
D. "Association" shall mean and refer to the Dials Mill Plantation Homeowner's Association, Inc.. a non-profit Georgia corporation, its successors and assigns.
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 and the By-Laws. The Board of Directors shall be the governing body of the
F. *By-Laws shall mean the By-Laws of the Association, as the same may be hercinafer amended.
00504
0777
0000777 G. "Common Area" means all real and personal property submitted to the Declaration which is owned or leased by the Association for 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 with all funds lawfully assessed for the creation and maintenance of reserves pursuant to the provisions of the Declaration.
"Communits." shall mean and refer to that certain real property described in Exhibit "A" attached hereto.
Declaranti shall mean and refer to ( i) Dials Mill Partners, L.L.C. 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 (ili) should any of the Community become subject to a first mortgage given by "Declarant" as security for the repayment of a construction or development 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 a judicial or foreclosure sale made pursuant to 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 the "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 by the grantor of such conveyance, which grantor of such conveyance shall be the "Declarant" hereunder at the time of such succeed to the interests of Declarant as therein provided. then as between such persons, any conveyance. In the event that persons specified in both ( ii) and (ili) above become entitled to person entitled to be "Declarant" by virtue of ( iii) above shall be "Declarant" instead of any person entitled to be "Declarant by virtue of ( ii) above.
K. "Declaration" means this recordable instrument creating covenants upon property which covenants are administered by a property owners* association in which membership is mandatory for all owners of lots in the community.
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 or more persons, of the fee simple title to any Lot located within the Community, excluding, however, any person holding such interest merely as security for the 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.
"Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust or other legal entity.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION AND ADDITIONAL PROPERTY. Section 1. Property Subiect 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, occupied and mortgaged or Article I hereof. The Community is particularly described in Exhibit A hereto. Declarant intends to otherwise encumbered subject to this Declaration is the real property described as the Community in
00504 0778
0000778 construct approximately fifty (S0) Lots, together with roads, utility systems and other improveinents serving the Lots.
Section 2. Common Areas. The storm water detention facilities and the Wyatt Lee Family and landscaped and non-landscaped "common areas not located within or upon any individual lot shall Cemetary set forth on the plat of the subject property; the subdivision entrance sign, signs, sign easements be conveyed by Declarant to the Association as common areas on or before the date of conveyance of the last Lot in the Community by Declarant to an owner. The Association shall maintain these areas as provided by the laws, regulations, and ordinances of the State of Georgia and the County of Oconee Until such time as Declarant conveys these areas to the Association. Declarant shall be responsible for the liability insurance and maintenance of the above stated areas. Access for maintenance to the storm water County. Georgia. specifically pertaining to said detention area. Reasonable assessments may be charged detention facilities shall be confined to those areas lying within the drainage easement granted to Oconee to each lot in the subdivision to defray the costs of said maintenance as set forth in Article VIll hereof. shall purchase such Lot and every mortgagee and lienholder hoiding an interest therein shall take title, or Section 3. Lots and Other Interests Subject to Plan of Development. Every purchaser of a Lot hold such security interest with respect thereto, with notice of Declarant's plan of development as herein foregoing plan of development set forth in this Article Il may not be abrogated. modified, rescinded. set forth. Any provision of this Declaration to the contrary notwithstanding. the provisions of this the supplemented or amended in whole or in part without the prior 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, this Declaration, the Articles of Incorporation and the By-Laws of the Association.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
the Architectural Control Committee is (a) to administer and enforce the covenants and restrictions set Section 1. Purpose, Powers and Duties of the Architectural Control Committec. The purpose of any Lot is submitted to the Architectural Control Committee for approval ( i) as to whether the proposed forth in this Declaration; and (b) to assure the installation, construction or alteration of any structure on installation, construction or alteration is in conformity and harmony of external design and general quality with the 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.
Section 2. Selection of the Architectural Control Committee,
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. Upon the sale by Declarant Declarant shall cease functioning as the Architectural Control Committee in all respects and a successor to an Owner of the last Lot and the construction and completion of a permanent residence thereon, the may at any time prior thereto resign from the Architectural Control Committee, turning its functions over Architectural Control Committee shall be appointed by the Board of Directors. However, the Declarant
Section 3. Meetings. The Architectural Control Committee shall hold such meetings as required Architectural Control Committee may be authorized by the Architectural Control Committee to exercise Section 4. Action of Members of Architectural Control Committee, Any member of the 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 the Architectural Control Committee. The action of such member with respect to the matters specified shall be final and
00504
0779
0000779
binding upon the Architectural Control Committee and upon any applicant for an approval permit or authorization, subject, however, to review and modification by the Architectural Control Committee on its own motion or appeal by the applicant to the Architectural Control Committee as provided hercin. Written notice of the decision of such member shall, within five (S) days thereof, be given to any
applicant for an approval permit or 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 reviewed by the Architectural Control Committee. Upon the filing of any such request, the matter with respect to which request was filed shall be submitted to. and reviewed promptly by. the 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 Committee with respect
ARTICLE V
BUILDING REQUIREMENTS
The following property rights and architectural restrictions shall apply to the property which is subjected to this Declaration.
Section I. Subdivision of Lot. No Lot shall be subdivided, or its boundary lines changed, except with the prior written approval of the Architectural Control Committee. Declarant, however, until such time as the last Lot is sold by the Declarant to an owner. hereby expressly reserves the right to replat any two (2) or more Lots in order to create a modified residential Lot or Lots, and to take such other steps as reasonably may be necessary to make such replatted Lot or Lots suitable as a building site or sites. All of the covenants and restrictions set forth herein shall apply to each such Lot, if any, so created. Any such division. boundary line change or replatted Lot shall not be in violation of the applicable County
subdivision and zoning reguiations.
Section 2. Approval of Plans. No residence, building, fence, wall, road, driveway, sidewalk. parking area, tennis court, swimming pool or other structure or improvement of any kind shall be erected. placed, altered, added to, modified, maintained or reconstructed on any Lot until the plans therefor, 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 existing on the date of the conveyance of such Lot by Declarant to a Lot Owner. Before taking any action requiring approval under this Section. a Lot Owner shall submit to the Architectural Control Committee a construction schedule and two (2) complete sets of final plans and outline specifications, showing site plan (which site plan shall show driveways, patios, decks, accessory buildings, and all other components referenced in the first sentence of this Section), 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 like approval 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 Architectural Control Committee as to builders experience and ability to build houses or other structures of the class and type of those which are to be built in the Community must be granted. 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, siting or specification upon any ground, including purely aesthetic considerations, which in its sole discretion it shall deem sufficient. Approval of any one series of improvements hereunder shall not waive the Architectural Control
Committee's rights to disapprove subsequent improvements to the same Lot.
Section 3. Building Location. No building shall be erected on any Lot closer than 30 feet to the right of way on which said Lot fronts and the principal dwelling no closer than 10 fect from a side lot line and 40 feet from the rear lot line. Detached garages may be located no closer than 10 feet from a side or rear lot line. The Architectural Control Committee reserves the right to control solely and absolutely the precise site and location of any proposed house, dwelling, building, or other structure 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 area required by the Architectural Control Committee or designated on plat of
subdivision.
00504
0780
0000780
Section 4. Garages. Any garage will be required to open to the rear or the side of the Lot and the interior walls must be finished. Garages located in the rear yard may open toward the street as well as the rear or side of the Lot. Garage doors shall be installed and maintained on all garages.
Section 5. Attachment 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 Committec has verified general compliance with these covenants and restrictions and with the plans and specifications therefor 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 a water system and other utilities approved by the Architectural Control Committee.
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 Dials Mill Plantation subdivision must contain an minimum of two thousand four hundred (2,400) square feet of heated floor space in a one story building or two thousand six hundred (2.600) square feet of heated floor space in a two story or split level building. excluding basements in both. 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) All structures shall be completely finished with brick, on all sides, including chimney(s) if on exterior walls. except on areas where brick cannot be used. then hardboard or stucco will be allowed if approved in advance by the Architectural Control Committee. Brick and mortar color and roof shingle color must be approved by the Architectural Control Committee. Exposed concrete block or poured concrete foundations and site retaining walls must be covered with stone or brick to compliment the house building materials. Sheet metal and PVC work such as roof caps, Nashings, plumbing vents, and chimncy caps must be painted to match roof colors. Gutters and downspouts must be painted approved colors. Roof stacks and plumbing vents must be placed on the rear slopes of roofs. Chimneys framed to receive prefabricated fireplaces and flues must not appear cantilevered from the house. The chimneys must be continuous to finish grade. All houses must be equipped with a natural gas furnace and natural gas hot water heaters). All houses must be constructed over a crawl space or basement, no houses may be built upon a concrete slab. The roof pitch on all dwellings and structures shall not be less than a 10 on 12 pitch.
(c) Driveways shall be a minimum of 12 feet in width and constructed only of materials approved in writing by the Architectural Control Committec, 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 six (6) months after commencement of construction and the landscaping on such Lots must be completed within ninety (90) 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) All electrical service, cable television and telephone lines shall be placed underground, and no exterior pole, tower, antenna or other devise for the transmission or 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.
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 be installed in such location 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 clothes lines shall be allowed in the Community.
80584
0781
0000781/
(10) feet of an approved building site, no trees, shrubs, bushes or other vegetation having a trunk diameter (g) Unless located within ten (10) feet of a main dwelling or accessory building or within ten of six (6) inches or more at a point of 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 not. at any time, be used as residences. nor be permitted to remain on the Lot after completion of for shelters used by a building contractor during the course of construction. Such temporary shelters may construction.
No accessory building shall be placed, erected or maintained upon any part of any Lot. No camper. recreational vehicle, trailer, tent, boat, treehouse, play equipment (such as a swing set) or other similar structures shall be placed in the front yard or so as to be visible from any public right of way:
(k) Only ornamental walls conforming architecturally to the principal dwelling on said Lot shall be constructed in the front yard. Fences shall not be constructed in the front yard. Under no circumstances shall chain link fence be constructed on any Lot except as indicated by (o) below for tennis yards may consist of a cedar shadow box design and may be a maximum of six (6) feet in height. Verticle courts. All fences and walls must be approved by the Architectural Control Committec. Fences for rear supports for wood decks must be a minimum 6"x 6" wood post or metal poles boxed in as to appear to be 6"x 6" wood post.
the time of construction of a residence on a Lot. construct a sidewalk on the Lot abutting the public right For the benefit, use, and enjoyment of Lot Owners in the Community; each Lot Owner shall, at of way. Said sidewalk shall be forty eight (48) inches in width and shall be designed and constructed to interconnect with sidewalks on adjoining Lots. The location of the sidewalk shall be approved by the Architectural Control Committee as provided in Article IV herein. Said sidewalk shall be completed no compliance with this provision, the Lot Owner shall deposit the sum of $1.000.00 with the Association at later than completion of the residence pursuant to Article V. Section 6 (d) herein. In order to assure the time of closing the purchase of the Lot. Said $1.000.00 shall be held in escrow until compietion of the sidewalk. Should the sidewalk not be completed within the time specified in Article V, Section 6 (d) herein. the Association shall give written notice to the Lot owner to complete the construction of the sidewalk within thirty (30) days. If construction of the sidewalk is not completed within said thirty (30) day period, the Association may, but is not required to, expend said $1,000.00 to construct the sidewalk. Should the cost of construction of the sidewalk exceed the $1,000.00 deposit hereunder, said excess funds necessary to complete construction of the sidewalk shall be levied as a special assessment against the Lot Owner and Lot.
The front yard and side yards of each residence shall be sodded with either Bermuda or Freestanding playhouses, treehouses or detached storage buildings are not allowed. Exterior spas or hot Zoysia grass sod prior to occupancy, with an adequate underground sprinkler irrigation installed. hot tubs must be sited so as to not cause a nuisance to neighbors and must be screened from view. tubs must be screened from adjacent properties and streets. All pump, filter, etc. equipment for spas or
(n) All swimming pools must be constructed below ground level with the same setback requirements as dwellings and other improvements, must fit natarally into the topography of the proposed equipment, including but not limited to, pumps and filters must be sited where it will not cause a nuisance Lot and be located so as to provide minimal visual impact to surrounding properties and streets. All pool to neighbors and must be screened from view. A fence a maximum of six (6) feet in height and capable of being locked shall surround all swimming pools.
(0) Tennis courts will be permitted only where they will fit naturally onto the topography of the proposed Lot and located to provide minimal visual impact on surrounding properties. Chain link fencing for courts must have black or dark green vinyl coating. Lighting for tennis courts will not be allowed.
00504
0782
0000782
Section 7. 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 whether the installation. construction. alteration or maintenance of any improvement or 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 8. Violation. If any improvement shall be erected, placed, maintained or altered upon any Lot, othenvise than in accordance with the plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Article, 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 other action permitted by the By-Laws of the Association. Any costs and expenses incurred by the Architectural Control Committee in enjoining or removing any construction or improvements shall become a lien against the Owner's Lot in accordance with Article VIII. Additionally. the Architectural Control Committee shall be entitled to pursue all legal and equitable remedies.
Section 9. Fees. The Architectural Control Committee may impose and collect a reasonable and appropriate fee to cover the costs of inspections performed pursuant to Section 7 hereof, which such fee will be paid out of regular or special assessments established per Article VIll 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 he erected. 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:
Section 2. Signs. No commercial signs, including "for rent" or "for sale" signs or advertising posters of 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 proceeding in lieu thereof.
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 mail-box, to any structure within the Lot or affixed or erected upon the grounds of the Lot. All mailboxes shall be cast iron. in style and shape approved by the Architectural Control Committee.
Section 4. Garbage Cans, Woodpiles, etc, All garbage cans, woodpiles, etc. shall be located or 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
Section 5. Prohibited Structures, No mobile home, house trailer, factory or manufacturer assembled homes. modular homes, tent, shack, barn, or other outbuilding or structure 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.
00584
0783
0000783 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 houschold 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 of 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 in 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, 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. and are within the Community temporarily to service existing improvements or are used in connection with the construction of improvements within the Community.
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 property or thing will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding 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 device or thing of any sort whose activities or existence in any way is noxious, dangerous, 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, 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 the Community.
Section 10. Antennas, No Owner shall erect, use. or maintain any outdoor antenna or other device for the transmission or reception of television signals, radio signals, or any forn of
electromagnetic radiation, whether attached to a building or structure or otherwise without the prior written consent of the Architectural Control Committee: provided, however, Declarant and the Association shall have the right to erect and maintain such devices. Each Owner acknowledges that this provision benefits all Owners.
ARTICLE VII
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot in the Community shall be a member of the Association. If the 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.
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 of Incorporation (in that order) shall prevail.
00504
0784
0000784
ARTICLE VIII
ASSESSMENTS
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 terns and provisions of this Declaration and the Articles of Incorporation and By-Laws. 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 Lot 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 of other conveyance, covenants and agrees to pay 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:
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;
Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the Lots or by the licensees or invitees of any such Lot or Lots, the conduct of any occupant, licensee or invitee of which occasioned any such common expenses:
Any common expenses significantly disproportionately benefiting all of the Lots should he assessed equitably among all of the Lots in the Community as determined by the Board.
(iv) Lots owned by Declarant shall not be assessed prior to Declarant's sale of said Lots to third parties.
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; the expense of performing the maintenance and any necessary restoration of roadway landscaping and landscaping on traffic islands;
(it) common utility bills and charges for other common services, including but not limited to water and power;
(iv) premiums for all insurance policies maintained by the Association;
(V) the expenses of performing the maintenance, repair, renovation and replacement work which is the responsibility of the Association hereunder:
(vi) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses; and
(vii) the creation and maintenance of such reserve funds as are required to be maintained by the Association under Article VIll herein, and such other reserve funds as the Board of Directors shall determine, including but not limited to a reserve for repairs and maintenance.
88584 0785
0000785
fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year. Budget, Payment Dates. No less than thirty (30) days prior to the commencement of each during such year, and ( ii) shall make provision of an adequate reserve fund for maintenance, repair and which budget ( i) shall estimate the amount of common expenses which are anticipated to be incurred replacement of those portions of the common elements that must he replaced on a periodic basis. Prior to the commencement of such fiscal year. the Board of Directors shall furnish a copy of such budget to each Lot Owner. together with a written statement of the amount of such common expenses which shall be assessed against such Lot Owner for such fiscal year. Unless othervise determined by the Board of authorized to prorate the annual assessment into twelve monthly or four quarterly installments. In Directors. such assessment shall be due on January I on each year. The Board of Directors shall be addition, any fees, charges, and other amounts payable by any Lot Owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming duc. assessments. an annual budget adopted by the Board of Directors may, at any time, levy a special Special Assessments. If for any reason, including nonpayment of any Lot Owner's assessment shall be due and payable at such time and in such installments as the Board of Directors shall assessment to raise the additional funds necessary to defray such common expenses, which special circumstances described in this Declaration. determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the shall be levied against the Lot Owners. the Board of Directors shall be authorized. upon the affirmative (g) Special Assessments for Capital Improvements. In addition to the assessments which vote of 75% of the Lot Owners entitled to cast votes to levy a special assessment for the purpose of defraving. in whole or in part, the costs of any capital improvements to be made upon the common areas. or for the cost of making repairs or replacements which are not provided for in the then current budget of the Association. Any such special assessments for the capital improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine.
enforce collection of the assessments for which a Lot Owner is liable. together with all other amounts Collection. In addition to all other remedies provided by law, the Association may hereinafter provided.
assessment levied against him within ten (10) days after such installment shall be due and payable and In the event that any Lot Owner shall fail to pay any instalment of any assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be accelerated within five (5) days after written notice is mailed to the Lot Owner, the entire unpaid balance of such and be declared immediately due and payable in full, without notice to such Lot Owner. same shall be due, any amounts due and payable to the Association, such Lot Owner shall be liable for the In the event that any Lot Owner shall fail to pay within five (5) days after the payment of, and shall pay, in addition to the amounts so due the Association:
A late charge equal to the ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is the greater:
from the date same were due and payable, at the rate of ten (10%) percent per annum, until paid: interest on the amount so due, and the aforesaid late charge appertaining thereto, required for the protection and preservation of the Lot, and reasonable attorney's fees actually incurred; the cost of collection, including court costs, the expenses of sale, any expenses Owner, the fair rental value of the Lot from the time of the institution of suit until sale of the unit at in the event the Association shall seek to foreclose its lien on the Lot of such foreclosure (or until the judgement rendered in such suit is otherwise satisfied).
Owner's Association Lot, whether for the share of the common expenses pertaining to that Lot, fines, or (ili) All sums lawfully assessed by the Association against any Lot Owner or Property 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 lien in favor of the Association on the Lot prior and superior to all other liens whatsoever except: the time the sums become due and payable, be the personal obligation of the Lot Owner and constitute a
00504
0786
0000786
(a) Liens for ad valorem taxes on the Lot:
The lien of any first priority mortgage covering the Lot and the lien of any mortgage recorded prior to the recording of the Declaration: or
(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.
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
(iv) The rights of a Lot Owner and all persons entitled to occupy the Lot of such owner, to use the common elements 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.
Fee for Statements of Amounts 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
ARTICLE IX
INSURANCE
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 mischicf, on a replacement cost basis in an amount not less than 100% 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:ẠỗDials Mill Plantation Homeowners Association, Inc. for the use and benefit of the individual Lot Owners in Dials Mill Plantation, Oconee County. Georgiaồi 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 aạseverability 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 shall cover 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 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.
00504
0787
0000787
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) shall 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 By-Laws, or the Act which may be construed to the contrary, in no event shall any insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty be deemed to be common profits.
ARTICLE X
DAMAGE TO OR DESTRUCTION OF COMMON ELEMENTS
Repair, reconstruction or rebuilding of the common elements following damage or destruction to all or any portion of the common elements shall be governed by the following provisions:
Estimates of the cost of repair. As soon as practicable following the occurrence of any damage to, or destruction of any portion of the common elements, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring such portion of the common elements so damaged or destroyed to substantially the same condition as such portion of the common elements were in prior to the occurrence of such damage and destruction and shall proceed with the filing and adjustment of all claims arising under insurance maintained by the Association as a result of such damage
Determination to Repair, Reconstruct, or Rebuild. Any damage to, or destruction of the common elements will be repaired, reconstructed, or rebuilt unless the owners of the Lots to which 75% of the votes in the Association are allocated shall determine within 45 days after the occurrence of the casualty not to repair, reconstruct, or rebuild the same.
Manner of Repair, Reconstruction, or Rebuilding, All repairs, reconstruction, or rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance with the following provisions:
The damage shall be repaired, reconstructed, or rebuilt substantially in accordance with the plans and specifications for such damaged property prior to the occurrence of such damage;
All of the work of repairing, reconstruction, or rebuilding any portion of the common elements, the damage to or destruction of which cause the payments of insurance benefits under
00504
0788
0000788
insurance policies maintained by the Association, shall be performed under the supervision of the Board of Directors which, in discharging such supervisory responsibility, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association.
(d) Cost of Repairs, Reconstruction, or Rebuilding. The cost of repairing, reconstructing, or rebuilding any portion of the common elements which shall be damaged or destroyed shall be paid with any insurance proceeds which shall be paid to the Association on account of such damage or destruction. If such insurance proceeds are not sufficient to defray such cost of repair, reconstruction, or rebuilding, then the Board of Directors may levy a special assessment against all of the Lot Owners and Lots to raise the excess funds necessary to defray such cost.
ARTICLE XI
GENERAL PROVISIONS
Section 1. Easements for Architectural Control Committee. There is hereby created in tavor of the Architectural Control Committee, its members, agents, employees and any 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 Lots, as provided for herein.
Section 2. Easements for Declarant, Declarant hereby reserves for himself, his successors and assigns, employees, contractors and sub-contractors, the following easements and rights-of-way in, on, over, under and through any part of the Community for so long as Declarant owns any Lot primarily for the purpose of sale:
(a) For the erection, installation, construction and maintenance of wires, lines and conduits, and necessary or proper attachments in connection with the transmission of electricity, gas, water, telephone, community antenna, television cables and other utilities;
(b) For the construction of improvements of the Lots;
(c) For the installation, construction and maintenance of storm-water drains, public and private sewers, and for any other public or quasi-public utility facility;
(d) For use as sales offices, model lots and parking spaces in connection with his efforts to market Lots; and
(e) For the maintenance of such other facilities reasonably required, convenient or incidental to the completion, improvement and sale of Lots.
Section 3. Easements for the Association. There is hereby created in favor of the Association, its Board of Directors, its members, agents, employees and contractors, an easement to enter upon, enter in, or cross over the Lots for the purpose of providing the maintenance required by the Association in this Declaration and for the purpose of constructing sidewalks as specified in Article V, Section 6(1) herein.
Section 4. Enforcement. The Architectural Control Committee, the Association, or any Owner, including Declarant, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereatter imposed by the provisions of this Declaration. Failure by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 5. Duration. The Provisions of this Declaration shall run with and bind the land and
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
0789 00504
0000789
Purchaser or grantee of any interest in any real property subject to this Declaration, by acceptance of a such renewal or extension is approved by at least eighty percent (80%) of the Lot Owners. Every deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided in this Section.
Section 6 Rights of Mortgagees. In addition to the rights elsewhere provided. each including Federal National Mortgage Association. Federal Home Loan Mortgage Corporation, the mortgagee of a Lot. or purchaser or insurer of a mortgage on any Lot subject to this Declaration. from the Association of any default by an Owner in the performance of his obligations under the Veterans Administration and the Federal Housing Adinistration shall (a) be entitled to written notice Owners. but not meetings of the Association's Board of Directors. (c) be furnished copies of annual Declaration which is not cured within 30 days: (b) be entitled to attend and observe all meetings of of Incorporation, By-Laws, Rules and Regulations, books, records and financial statements of the financial reports made to the Owners: (d) be entitled to inspect current copies of the Declaration. Articles lapse. cancellation. or material modification of any insurance policy or fidelity bond maintained by the Association during normal business hours: (e) be entitled to written notice from the Association of any that affects a material portion of the Community: or the Lot securing its mortgage and (g) be entitled to Association: (f) be entitled to written notice from the Association of any condemnation or casualty loss mortgagees; provided, however, that such mortgagee or purchaser or insurer of such mortgage shall first timely written notice of any proposed action which would require the consent of a specified percentage of 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.
from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into Section 7. Amendment. This Declaration may be amended unilaterally at any time and 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 amendment is required by an institutional or governmental lender or purchaser of mortgage loans. company to issue title insurance coverage with respect to the Lots subject to this Declaration, (iii) if such Corporation. to enable such lender or Purchaser to make or purchase mortgage loans on the Lots subject including. for example, the Federal National Mortgage Association or Federal Home Loan Mortgage 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.
All amendments other than those specified hereinabove shall be adopted as follows: Notwithstanding anything to the contrary herein, it is expressly provided that any At least sixty-seven percent (67%) of the Lot Owners shall be necessary to amend this amendment which adversely affects the title to any Lot must be approved by the Owner of such Lot in Declaration. Declarant, or the Association, may call a meeting of the Lot Owners to consider such an amendment and (it) The proposed amendment may be proposed by either the Lot Owners or Declarant. The shall be required to call such a meeting upon a petition signed by at least twenty-five percent (25%) of the Lot Owners. If a meeting of the Lot Owners is called to consider such an amendment, the time within the quorum required for the transaction of business at such meeting shall correspond to the requirements which and the manner by which notice of such meeting shall be given, the authorized use of proxies, and for meetings of the Association.
affirmative vote, written consent, or a combination thereof. A meeting of the Lot Owners shall not be (i!) The consent of the Lot Owners required to approve said amendments shall be obtained by 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.
right, title, interest or privilege herein granted or accorded to the holder of any mortgage affecting any Lot No amendment to the provisions of this Declaration shall alter, modify, change or rescind any 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 therefor, thereby agrees that this Declaration may be amended as provided in this Section. No amendment shall become effective until filed with the Clerk of the Superior Court of Oconee County, Georgia.
00504
0790
0000790
Section 8. 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 9. 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 10. 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 effect without the invalid provision or application, and to this end the provisions of this Declaration arc invalidity shall not affect any other provision or the application of any provision which can be given declared to be severable.
Section 11. 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 as defining. limiting, extending or otherwise modifying or adding to the particular Article or Section to which they refer.
00504
0791
0000791 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has extended this instrument under his seal this f0 day of may _. 2000.
Dials Mill Pa
Praise I11
Winston McWhorter
F. Neal Pylant
1. Was ones
Michelena
Signed. sealed and
delivered in the
presence of:
tri Sudattu
Totar dic
pires February 5, 2 -Clance Courty, Gac
00504
0792
EXHIBIT "A" 0000792ś PARCEL ONBI
All that tract or parcel of land lying and being in the 210
Oconee County, Georgia, containing approximateor shown the plat G.M.D.' Acres, 52.730 being the property 1998, prepared for the ESTATE OF Surveyor, Numer 1740% pit Pla: 4 inestporated Notes by Georgia Registered description and being more reférence as a part of this
particularly described as follows:
Dead and the thin state not there south i
Road and degree 13 minuten 15 Second eat 336 Feet to
(1/2-inch rebar pin) that 10 the TRUE POINT OF BEGINNING;
thence South 61 degrees 16 minutes 18 secondo East 1367.39 Éeet to a 5/0-inch steel rod; thence South 21 degrees 47
minuten 29 seconda East 151.51 feet to a 1-and-1/2-inch degrees 52 minuten 02
flat gecondo Heat 602.04 feet to a 1-and-1/2-inch flat Iron Iron pin: thence South 12
oin; thence South 38 degreen 15 minuten 50 neconds Fant 20
118.25 feet to a point; thence South 60 degrees 57 minutes thence North 01 degrees 12 minuten 25 aeconds Heat
40 seconda West 10 feet to a 1-and-1/2-inch flat Iron pin; 57 minuten 40 seconds Hest 159.29
thence South 60 degrees feet to a U-shaped steel pin; thence North 18 degrees 20
minutes 59 seconds Neat 1350.05 feet to a 5/0-inch rebar
pin with aluminum cap: thence North 38 degrees 20 minuter
33 neconda Heat 209.74 feet to a 5/0-luch rebaz pin witl North degrees 20 minutes 33
aluminum cap: thence seconds West 1.74 feet to a point; thence North 53 degrees
56 minuten seconds with a chord of $3.60 feet
56 degrees 13 minutes 15 Deconds East 187.65 along the R/W of Dials Mill Road to a point; thence North tcet to d
point: thence North 56 degrees 13 minuten 15 seconds Eant
504.92 feet to the TRUE POINT OF BEGINNING.