Covenants
DECLARATION OF PROTECTIVE COVENANTS
FOR
GATEWOOD SUBDIVISION
GEORGIA,)
MADISON COUNTY)
THIS DECLARATION OF PROTECTIVE COVENANTS, Made and published this day of May ,1995, by HIPP RESIDENTIAL CONSTRUCTION INC.,of Madison county, Georgia.
WITNESSETH:
WHEREAS, HIPP RESIDENTIAL CONSTRUCTION INC. Is the owner of property known as GATEWOOD SUBDIVISION, the same being a residential subdivision, located in the 382nd G.M.D., Madison County, Georgia, more particularly described on a plat entitled "Survey for Hipp Residential Construction Incại recorded in plat book 32 _ pages
_, in the Office of Clerk of Superior Court of Madison County, Georgia, which plat is hereby incorporated herein by reference; and
WHEREAS, it is to the interest, benefit and advantage of Hipp Residential Construction, 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 running with the land;
NOW, THEREFORE, for and in consideration of the premises and the benefits to be derived, Hipp Residential Construction, Inc. does hereby set up, establish, promulgate and declare the following protective covenants to apply to the above described lands, and to all persons or entities owning or acquiring said lots, or any of them hereafter; and these protective covenants shall become effective immediately and run with the land and shall be binding on all persons or parties claiming under and through Hipp Residential Construction, Inc. Until such time as said covenants may be modified, extended or terminated, in whole or in part, as in hereinafter provided, to-wit;
LAND USE Said tracts shall be used for residential purposes only, with each tract being used as a single-family residential lot; but in the event some lots) should not meet septic tank requirements of the Madison County Health Department or the State Department of Health, or should not be suitable for a building site, then said lots) may be used for recreational purposes, including parks and playground, and/or any other use(s) compatible with a residential subdivision, including all uses as may be presently or hereafter authorized under single-family residential zoning provisions of the Madison County zoning ordinance;
2. SUBDIVISION OF TRACTS Individual lots may not be subdivided so as to increase the density of the dwellings within said subdivision;
ACCESSORY USE No structure shall be erected, altered, placed or permitted to remain on any lot other than one single-family unit and private garage and other outbuildings customarily used in connection with and incidental to a single-family dwelling;
4. DWELLING SIZE No dwelling shall be constructed, erected, placed, altered or
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maintained on said lots consisting of less than one-thousand@avethundred (1700) square feet of heated floor space in a one-story building, or seventeen-hundred (1700) square feet of heated floor space in a two-story or split-level building;
BUILDING LOCATION No dwelling or building shall be erected, placed or constructed on a lot closer than sixty (60) feet to the street right-of-way on which the house faces; and no building shall be erected, constructed, or placed closer than twenty (20) feet to any rear or side boundary line. Provided, however, Declarant hereby reserves the right to make slight adjustments to the above requirements so as to prevent undue hardship in the site location for a home.
6. TEMPORARY STRUCTURES No mobile home, tent, shack, garage detached carport, barn or other outbuildings erected, constructed or placed on a tract shall be used as a residence, either temporary or permanent; nor shall any structure of a temporary character be • used as a residence;
DESIGN REQUIREMENTS OF OUTBUILDINGS No garage, detached carport, barn or other outbuilding 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 structures, and with topography and finish grade elevation. No satellite receiving dish, antennae or similar apparatus shall be erected or installed on any lot closer to the front street right-of-way than the front line of the residence located on said lot or an extension of the front (or side) line to the lot boundary.
&. BUILDING MATERIAL REQUIREMENTS No building shall have exposed concrete blocks for more than twenty-five percent (25%) of the exposed finished material. Concrete blocks may be used only as foundations; except this provision shall not prevent a masonry type house with stucco type exterior walls;
LIVESTOCK AND POULTRY No animals, livestock or poultry of any kind shall be housed, maintained, raised or kept on any lot, except domestic pets. Domestic pets shall be permitted, so long as the same shall not constitute a nuisance to the neighborhood. Domestic pets shall be limited to those pets customarily maintained on the premises, and no vicious dogs or other animals that may be a threat to children or other humans may be kept or maintained except only when secured on a leash or in a well maintained, fenced area;
10. NUISANCES No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood or community;
11. SIGNS AND TANKS No signs of any kind shall be displayed to public vicw on any tract except one professional sign of not more than (1) square foot. Signs of not more than five (5) square feet advertising the property during the construction and sales period shall be allowed. No exposed or above ground tanks shall be placed or permitted on any lot for storage of fuel, water or any other purpose.
12. GARBAGE AND REFUSE CONTROL No tract shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste. Any trash or garbage stored on premises temporarily shall at all times be kept in sanitary containers. All incinerators or other equipment for the disposal or storage of such material shall be kept in a clean, sanitary condition;
13. EASEMENTS • In addition to those casements shown on the recorded plat, easement for the installation and maintenance of utilities and drainage facilities and ditches are reserved along and ten feet either side of lot lines and may be used as needed. Well
lots and water systems may be located within the subdivision to provide a community water system, and easements are hereby reserved for the installation and maintenance of water lines and/or pumping or storage facilities. Trees and limbs and other obstructions to street visibility or casements may be trimmed as necessary for the benefit of said easements) and community.
14. PLANS AND SPECIFICATIONS Prior to the construction of installation or erection of any building or improvements, (including any satellite receiving dish, antennae, or similar device) all building plans and specifications must be approved, in writing, by the undersigned including its authorized agent or representative, until and unless the undersigned delegates or transfers such approval authority to a homeowner's association or other entity responsible to and representative of the homeowners located in said subdivision. Even though some structures may be built or erected without prior written approval, the undersigned expressly reserves the right to require approval of any plans and specifications for any house or improvement and shall not thereby be deemed to have waived this written requirement. No manufactured home shall be moved onto any lot. This requirement shall be strictly enforced regardless of any procedure used in approval of houses or other structures constructed on site;
15. SUBDIVISION ENTRANCE The undersigned Declarant, together with its successors and/or assigns, shall maintain the subdivision entrance and common amenities, including street light utility costs; and may assess each lot a proportionate and reasonable amount for such maintenance costs. Such maintenance shall continue by Declarant until such time as the same shall be delegated to a homeowners association or other organization representative of the owners of houses and/or lots in said subdivision, Declarant shall not maintain same for a period of not more than three years from date of declaration.
TERMS OF COVENANTS These covenants shall run with the land and shall be binding on all parties, persons or entities claiming under them for a period of twenty years from the date these covenants are recorded, unless and until a majority of the then record owners of said lots has earlier agreed, by duly executed and recorded written instrument, to modify these Covenants, in whole or in part.
17. 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 thereof or to recover damages;
SEVERABILITY Invalidation of any one or more of these covenants by judgement or Court order shall in no way effect any other provision(s) hereof, which shall remain of full force and effect.
19. VEHICLES All boats, trailer, campers, recreational vehicles, or non-operational motor vehicles of any type, shall at all times be kept under a closed, roofed structure, which otherwise complies with design requirements of these covenants. No inoperable vehicle, or vehicles which customarily transport flammable or hazardous materials shall be allowed to be parked on any street within the subdivision.
20. DRIVEWAYS All driveways onto any lot must be of a hard-surface construction (concrete or asphalt).
HIPP RESIDENTIAL CONSTRUCTION, INC., its owners, heirs, successors, assigns, or grantees are hereby 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 or that may arise from the use of the same;
HIPP RESIDENTIAL CONSTRUCTION, INC., its successors and assigns, hereby expressly reserve 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 this instrument.
IN WITNESS WHEREOF, Hipp Residential Construction, Inc., acting by and through its duly elected officers, has hereunto set its hand and affixed its seal, the day and year first above written.
HIPP RESIDENTIAL CONSTRUCTION, INC. By: Mutail D. nD Ores
Michael D. Hipp, Président Attest:_
Rachel Ellen Hipp, Secretary Signed, sealed, and delivered in the presence of:
Witness
Natary Public