Covenants
001554 48
STATE OF GEORGIA
COUNTY OF CLARKE
RESTRICTIONS FOREHAN ON DESERTERS COUNTA SORE CONDITIONS AN
THIS AMENDMENT to the Declaration of Covenants, Conditions and Restrictions for Hawk's Landing in made and executed this the I day of Dece _ 1988 by DYKES PAVING AND CONSTRUCTION CO., INC.. a corporation (hereinafter , red to as "Declarant")
WHEREAS, Declarant is the owner and developer of certain real property in Oglethorpe County, Georgia being known and designated as Hawk's Landing Subdivision; and
WHEREAS, Declarant executed and placed against the property a Declaration of Covenants, Conditions and Restrictions, said Declaration being recorded at Deed Book 7-A, page 47 in the Office of the Clerk of the Superior Court of Oglethorpe County, Georgia: and
WHEREAS, Declarent is desirous of modifying and amending maid Declaration.
THEREFORE, maid Declaration of Covenants, Conditions and Restrictions for Hawk's Landing Subdivision in Oglethorpe County, Georgia are hereby amended as follows:
Item 2 - Membership and Voting Rights (3) is hereby deleted in its entirety and the following substituted in lieu thereof:
(3) Each member in good standing shall be entitled to a vote on each matter subaitted to a vote of the members. Each member shall have only one vote regardless of the number of tracts of which he is the beneficial owner.
Item 2 - Maintenance ArReranente (1) in hereby deleted in ite entirety and the following substituted in lieu thereof:
(2) Annual assessments or charges as determined by the
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Doc. 2 O
7E Dec. 20
COLETHORPE COUNTY, GA.
consideration, the undersigned beneficial and veluable good POR AND IN COMSIDERATION OF One Dollar ($1.00) and other
CONSANT
Lillias
ATTEST:_
DYKES PAVING AND C
affixed on the date and year first written above authorized corporate officers of Declarant and the corporate seal executed by the duly IN WITNESS WHEREOF, thie amendment wai County. Georgia Records shall remain in full force and effect. OHNSON COULTER Hawk's Landing, recorded at Deed Book 7-A, page 47, Oglethorpe of said Declaration of Covenante, Conditions and Restrictions for - (SKAL) tenden HRYN B. HENDON Except as modified and amended herein, all other provisions _ (SEAL) is attached to the principal dwelling on the tract. secondary dwelling on any tract provided said secondary dwelling _(SEAL) Architectural Control Committee may approve the construction of - (SEAL) Notwithstanding any other provision in this Declaration, the - (SEAL) a Palmer Rhied: adding the following:
Item 6 - kend Une and Building TIRe la hereby amended by -(SBAL)
without three-fourths of the voting members approving such Dollara per year and Restrictions for Hawk's Landing, Oglethorpe County, Georgia. The Association may not rovide en increase above $ 50.00 County, Georgia hereby consent to the Amendment of Declaration of Covenenta, Conditiona number of tracts owned by that nember. of tracts in Hawk's Landing Subdivision in Oglethorpe Item 2 herein shall pay an equal assessment regardless of the commonly held property; provided that each member as defined in ent and maintenance of all Lesociation for the proper managom
Amendment. to Cavenants Book? -E pg. 68
47
STATE OF GEORGIA
COUNTY OF CLARKE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HAWK'S LANDING
OGLETHORPE COUNTY, GEORGIA
THIS DECLARATION is made and executed this the /Tinday of
Zul , 1988 by DYKES PAVING AND CONSTRUCTION CO., INC.,
corporation (hereinafter referred to as "Declarant")
MITNESSRTH
WHEREAS, Declarant is the owner of certain real property in
Oglethorpe County, Georgia being more particularly described in
Exhibit "A" attached hereto and incorporated herein (the
"property"); and
WHEREAS, Declarant is the developer of the property and
desires to create thereon a residential community and incidental
thereto provide for the possible future inclusion or construction
and development of common facilities for the benefit of the
community; and
WHEREAS, Declarant desires to provide for the preservation
of the values and amenities and for the maintenance of any such
common facilities, service and property so developed and provided
to the community, and to this end, Declarant desires to subject
the property, together with such additional property as may
hereinafter be made subject to this Declaration, to the
Invalidation of any one of the forgoing covenants by judgment or any other court decree shall in no wise affect any of the other provisions hereof all of which shall remain in full force and effect.
17. Covenanta Running Mith the Land. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty years from the date these covenants are recorded.
IN WITNESS WHEREOF, the duly authorized officers of Declarant have caused this instrument to be executed on the date and year first written above.
DYKES PAVING AND f CTION CO. BY :__
ATTEST:
Signed. delivered in the sealed and
presence of :
te lucin
COLETHORPE COUNTY, GA.
8 -
Lanes I. Stame
title, any purchaser of a tract will asmume responsibility for area lake by children under elve years of age unless
maintenance of the property. It will be the responsibility of accompanied by a parent or adult guardian
the individual owner to maintain said tract in a neat and orderly (c) All beneficial owners of tracts shall have the fashion, to keep the grass cut and all pastures properly priviledge of operating electric propelled motor boats on the maintained. No tract shall be used or maintained a dumping ation area lake for personal purposes of fishing and
ground for rubbish, trash, garbage or waste.
11. Rences, Pences must be constructed out of three inch 14. No Firearms, No firearms shall be discharged in said treated wooden posts on en foot center with a minimum of forty subdivision at any time
eight inch tall woven wire and inimum of one strand of barh 15. Reservation of Easements. Grantor reserves the right wire. Wood rail fences are allowed. to lay down, erect, construct, repair, maintain, enlarge, reset 12. Traila and Trail Bagemento. The traila as show on install and connect power and telephone lines, recr
the subdivision plat are designed to preserve the asthetic eation traila integrity of the development; therefore, their use will be water and gas pipes and mains, sewers and drains, at any time, in restricted to bicycling, hiking, jogging or horseback riding. No and upon the subdivision for the convenience of the purchasers of motor vehicles will be allowed on said trails unless in emergency any tract and the owners in said subdivision and for much
situations. Motorcycles, minibikes, three-wheel vehicles, go purposes the right of ingress and egress in and upon the property is fully reserved.
carts and any other motorized recreational vehicle are strictly 16. Yielation, Should any beneficial owner of a tract in prohibited fron all trail and trail easements said subdivision, his heirs, administrators, executors or assigns 13. Regreation on Lakes, violate or attempt to violate any of the above described
(a) No fishing will be permitted in the recreation covenants, it shall be lawful for any person or persons owning a area lake except by rod and reel or pole, hook and line and no tract in said subdivision to proceed at law or in equity against children under twelve shall be permitted to fish at any time the person or persons violating or attempting to violate anyone unless accompanied by a parent or adult guardian. of the within covenants for the purpose of pro enting him, her or
(bl swimming will not be permitted in the then fron doina so anó to recover da
Su SS
shall be entitled to any comp parcela. No residence Bhaii D
pursuant to this covenant. cont aning jess than 1800 square feet of he ed floor space for a
(b) No building shall be acted, placed or alterad on one story house and 2200 scuare feet oi heated iloor space for i any cract antil the conatruction plan and specifications and a Garages, utility buildings or barns may be
plan showing location of the structure has been approved by the provided prior approval is received from the Architectural Control Committee as to the quality of workmanship architectural control committee and no one occupies these
and materials, harmony or external desion with the existing buildings as living quarters
structures and as to location with spect to topography and 7. Building Setback, No dwelling or other building shall finish Grade elevation. be constructed closer than fifty feet to any street or road noi
(c) The committee! shall any dwelling or building be constructed within fifty feet required in these covenants shall be in writing. In the event of any side boundary of a tract.
the committee, or its designated representative fails to approve Septic Tanks, No building for human occupancy shall b or disapprove within thirty days after plans and specifications erected on any tract unless a standard septic tank is constructed have been submitted to it, or in any event, if no suit to enjoin and no septic tank shall be placed on any tract so as to permit the construction has been commenced prior to the completion any drainage into creeks or lakes adjacent to said subdivision thereof, approval will not be required and the relative covenants and all septic tanks and drain lines shall be approved by the
shall be deemed to have been fully complied with. Georcia State Public Health Department in writing.
6. Land Ur and Building Type, Said tracts must be used 9. Livestock, No commercial operation for breeding and
for single family residential purposes only. No structure shal] maintenance of livestock shall be operated on any tract and no be arected, altered, placed or permitted to remain on any lot hogs or pigs shall be allowed to be kept, bred or maintained or other than one detached single family dwelling constructed and any tract. Pastures may be used for the purpose of grazing
maintained for the use and occupancy of a single family unit and horses and cattle: provided however, a restriction of one animal private aarace of not more than three care. per acre of pasture land shall be strictly adhered tol
No tract may be subdivided. sold or leased in smaller 10. Maintenance of Tracts, Bffective with the passing of
5 3
Bach owner shall, by acceptance
shall be so expressed in such deed or other conv the inactive lie. Such member shall not i until he to covenant and agree to all of the terms and pro has paid such assessments in full and until such time is he has Declaration and to pay to the Assoc been reinstated shall have no rights of any kind arising out of
(1) Annual assessments or charges as determined by the membermhip in the Association.
tion for each tract, subject to such modification as may (4) In addition to the foregoing, if any member fails be required for the proper management and maintenance of all to pay his asse same become due, on the failure of Ji commonly held property; provided that no inerate above payment of the ments after thirty days written notice of
_ Dollars per year may be determined by the Board of much delinquency giving by the Association to such member, the Directors of the Association without three-fourths of the voting amount of the assessment shall become a lien against such
rembers approving such increase member's tract in favor of the Association and the Association
(2) Special assessments charges for the purpose of shall have the right to record a notice of claim of lien, and defraying, in whole or in part, the cost of any construction or proceed thereon in accordance with the provisions of o.C.G.A. reconatruction, unexpected maintenance or repair of common Section 44-14-530 for the foreclosure and enforcement of liens: properties and capital improvements thereon and to repay the or in the event the Association shall not record a lien, it shall Association for any loan made to enable it to perform the duties have the right to commence an in personam action against such and functions authorized herein, Provided that any such member for the collection of the as rent in any court of
assessment shall have the assent of three-fourths of the votes competent jurisdiction.
cast at a duly called meeting. 5. Architectural contrel.
(3) When any member shall be in default of payment of
asseasments for a period of thirty days from the date on which The committee nay designate ‹
assessmenta become payable, he shall, for the purpose of voting, sentative to act for it. In the event of a death or
not be considered as a member in good atanding. In addition, resignation of a member of the comnittee, the remaining members auch member shall be dropped from the active list or placed on shall have the full authority to designate a suc
the members of the committee nor their designated repre
SI
2. Memberehip and Veting Biehta. hall be accepted and approved by the Association
(1) Every person or entity who is a beneficial owner pursuant to a three-fourths majority vote of its members.
as distinguished from a security owner, of any tract which is
subject to this Declaration shall be a member of the property hereby shall be subject to the following:
owners aasociation as provided in its
(2) Membership in the Association shall terminate upon Articles and By-Laws to suspend the enjoyment rights of ans
auch member ceasing to be a beneficial owner of a tract in the member for any period in which any masessment remains unpaid, and subdivision. for any period not to exceed sixty (60) days for any infraction
(3) Each member in good standing shall be entitled to of its published rules and regulations; and
vote on each matter mubmitted to vote of the members. Any (b) The right of the Association to dedicate or
member shall have one vote for each tract of which he is the transfer any or all of the common properties to any public
beneficial owner. ' agency, authoraty or utajity for such purposes and subject to any
(4) At membership meetings, all votes shall be cast in conditions as may be agreed by the members: provided, however
person or by proxy registered by the secretary of the that no such dedication or transfer shall be effective unless an association. instrument signed by members entitled to cast three-fourths of
3. Ensement and Enjorment and Properts. the votes of the Association has been recorded. agreeing to such
(1) Each member shall have a right and easonent of dedication, transfer, purpose or condition and unless written
enjoyment in and to the common properties and much easement shall notice of the proposed agre ement and acts thereunder is sent to be appurtenant to and shall paas with the title to every tract. every member at least thirty (30) days in advance • any actio! Doclarant may retain the legal titlo to the common properties
until auch time as the Association is able to maintain the same. (c) The right of the Association, as provided in its
(2) Declarant hereby covenants that to the extent it Articles and By-Laws, to publish and enact reasonable rules
shall convey any common properties to the Association, they governina the use of the common properties
aball be free and clear of all liens and encumbr