Covenants
DOC# 004077
FILED IN OFFICE 05/21/2007 02:21 PM STATE OF GEORGIA BK: 928 PG:324-339
ANGELA VATSON
CLERK OF SUPERIOR COUNTY OF OCONEE COURT
OCOMEE COUNTY
DECLARATION OF RESTRICTIONS
AND
PROTECTIVE COVENANTS FOR LEA HAVEN
THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this the 11"_ day of February, 2007, by P & A VENTURES, INC., hereinafer referred to as Declarant.
WITNESSETH:
THAT WHEREAS, said P & A VENTURES, INC. is the owner of that property shown on that certain plat entitled "Final Plat for Lea Haven-, Book 7, Pages 9in the Office of the Clerk of the Superior Court of Oconee County, Georgia; and
WHEREAS, it is to the interest, benefit, and advantage of said Declarant and to each and every person who shall hereafter purchase any numbered lots in said subject property, that certain protective covenants governing and regulating the use and occupancy of the same be established, set forth, and declared to be covenants running with the land; and
WHEREAS, the said Declarant hereby specifically declare these Protective Covenants to be and made applicable to, and only to the property described in Exhibit A attached hereto and incorporated herein;
NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by Declarant and each and every subsequent owner of any of the numbered lots in said subject property, said Declarant do hereby set up, establish, promulgate and declare the
following protective covenants to apply to, and only to, each and all of said numbered lots in said subject property, and to all persons owning said lots, or any of them hereafter; these protective covenants shall become effective immediately and run with the land and shall be binding upon all persons claiming any such numbered lot (hereinafter flot) under and through Declarant until
EK :925 PG:325 25 years from the date of recording of these protective covenants at which time said covenants may be extended or terminated in whole or in part as hereafter provided, to-wit:
1. LAND USE AND BULDING TYPE. No lot shall be used, except for residential purposes. Provided, however, in the event a single family residence is maintained as a model home for the purpose of marketing single family residences for sale on the subject property, said maintenance of a model home shall be a permitted use. No building shall be erected, altered, placed, or permitted to remain on any lot
other than one detached single-family dwelling, constructed and maintained for the use and occupancy of a single family unit and private garage for not more than three cars and other outbuildings customarily used in connection with and incidental to a single family dwelling.
2. ARCHITECTURAL CONTROL. 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 or placed on any lot until the plans and proposed location on the lot shall have been approved in writing by the Architectural Control Committee. A site plan showing location of the structure must be approved by the Architectural Control Committee as to quality of
workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the front line of the house, unless similarly approved. No fences shall be erected within 0.5 feet of any side, front, or rear lot lines without prior written approval from the Architectural Control Committee.
3. DWELLING COST, QUALITY AND SIZE.
BK:928 PG:326
a. All one-story dwellings must contain a minimum of 2600 square feet of
heated interior space and all two-story dwellings must contain a minimum of
2600 square feet of heated interior space.
b. Each residence and other structures shall be constructed only of materials, and
in colors, approved in writing by the Architectural Control Committee with
the exterior of the residences being brick or comparable masonry. Siding may
be used if deemed to be necessary by the Architectural Control Committee for
the "Architectural Style* of the home.
4. BUILDING LOCATION. No building shall be located on any lot nearer to the
front line or nearer to the side street line than the minimum building setback lines
shown on the recorded plat. No building shall be located nearer than 15 feet to an
interior lot line. No dwelling shall be located on an interior lot nearer than 40 feet
to the rear lot line. For the purposes of this covenant, eaves and steps shall not be
considered as part of a building, provided, however, that this shall not be
construed to permit any portion of a building to encroach upon another lot.
5. COMMENCEMENT OF CONSTRUCTION/CONTRACTOR APPROVAL. A
lot owner shall commence construction of a single-family residence on said
owner's lot within two years of the date of the purchase of same. The contractor
chosen by a lot owner for construction shall be subject to the approval of the
Architectural Control Committee. No owner shall be permitted to act as his own
builder or contractor, for the exterior of any structure except where such owner
obtains his income primarily from the construction of the type of structure to be
constructed within the subdivision, and otherwise meets the qualifications for
approval by the Architectural Control Committee.
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BK:928 PG:327
6. GARAGES. There shall be no garages which front on a street, except in the
case of corner lots. In that event, the location of the garage shall be subject to the
approval of the Architectural Control Committee. No outbuildings shall be
permitted without the approval of the Architectural Control Committee. An
outbuilding shall not be approved unless said outbuilding is of the same style and
quality as the single-family residence located on the property where the said
outbuilding is proposed to be located.
7. DRIVEWAYS. All driveway entrances shall have brick or stamped pavers.
8. FENCES. No fences shall be allowed except chainlink fences with black coating
no greater than five (5) feet high. No fences shall be allowed in front or side
yards.
9. MAILBOXES. The Architectural Control Committee shall have the right to
approve the location, color, size, design, lettering, type of material, 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.
10. LANDSCAPING AND TREE REMOVAL. An owner shall have the right to
remove live trees for the sole purpose of constructing the dwelling and
improvement in compliance with the approved construction plan and site plan
described above. All other removal of live trees shall be subject to the approval
of the Architectural Control Committee. All front yards shall be sodded and shall
have underground irrigation systems sufficient to provide water to the
aforementioned sodded areas. The aforementioned sodding and irrigation shall be
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BK: 928 FG:320 completed within 180 days from the completion of the construction of the singlefamily residence located on a lot.
11. BASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on said plat so recorded in said Clerk's Office in Plat Book 7, Pages &t9 All electrical service, cable television and telephone lines shall be placed underground and no exterior pole, tower, antennae for any purpose shall be erected. Further, the design, type, location, size, color, and intensity of all exterior lights shall be subject to control by 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.
12. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
13. TEMPORARY STRUCTURES. No structures of a temporary character, trailer, basement, tent, shack, garage, detached carport, or other outbuilding shall be used on any lot at any time as a residence temporarily or permanently. Provided, however, during the construction of dwellings on the subject property, construction trailers may be maintained.
14. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on, upon, or in any lot.
BK:928 FG:329 15. No exposed above ground tanks will be permitted on any lot for the storage of fuel, water, or for any other use. Television 'dish" antennas shall not be permitted in the front yard of any lot and shall not be visible from the front yard of any lot. Antennas on a corner lot are required to be shielded from view from the side street. In any event, if antennas are allowed, they can only be placed in the rear yard, must be shielded from view, and must be approved by the Architectural Control Committee.
16. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction period.
17. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes.
18. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or waste. All incinerators or other equipment for the storage or disposal of such material are prohibited.
19. SEWAGE DISPOSAL. No individual sewage-disposal system shall be permitted on any lot, unless such system is designed, located and constructed in accordance with the requirements, standards, and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from such authority.
20. RESTRICTED ACTIVITIES. The following activities are prohibited within the
Property unless expressly authorized by the Declarant or its designee:
BK:928 PG:330 a. Parking of any vehicles on streets or thoroughfares, or parking of commercial vehicles or equipment, trucks other than pickups, mobile homes, recreational
vehicles, campers, boats and other water craft, trailers, stored vehicles or
incperable vehicles in places other than enclosed garages, driveways, or other
paved parking areas located on a lot; provided, construction, service and
delivery vehicles shall be exempt from this provision during daylight hours for such period of time as is reasonable necessary to provide service or to
make a delivery to a Lot or the Common Areas; if the Lot includes a garage
with exterior doors, the doors shall be kept closed at all times, except during
times of entry, an exit from said garage, or when someone is working in or
around said garage. No vehicle may be left upon any portion of the
subdivision, except in a garage or other area designated by the Declarant, for a
period longer than five (5) days if said vehicle is unlicensed, or if said vehicle
is in a condition so that it cannot operate on public streets. After the five (5)
day period, the inoperable vehicle shall be considered a nuisance and may be
removed from the subdivision. No mobile homes, recreational vehicles,
campers, boat, towed vehicle, water cart, or trailer shall be temporarily kept or
stored in the subdivision for a period in excess of twelve (12) hours unless kept in a garage or other area designated by the Declarant. Trucks with
mounted campers which are a Lot owner's primary means of transportation
shall not be considered a recreational vehicle, provided said vehicle is used on
regular basis for transportation, and the camper is stored out of public view
upon removal from said truck. No eighteen-wheel (18) trucks shall be parked, parked overnight, kept, or stored in the subdivision, and if a vehicle of said type is so parked, kept, or stored, then said vehicle shall be considered a
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PK:928 PG:331 nuisance and may be removed from the subdivision. However, service
vehicles may be parked in the subdivision for such period of time as is reasonably necessary to provide such service.
21. POOLS AND POOL, COVERS. No pool covers shall be permitted which are
higher than six inches above the swimning pool deck except by written
authorization from the Architectural Control Committee. All swimming pools must be constructed below ground level with the same setback requirements as dwelling and other improvements and be located so as to provide minimal visual impact to surrounding properties and streets. All pool equipment, including but not limited to pumps and filters must be sited where it will not cause a nuisance to
neighbors and be screened from view. A fence, a maximum of six (6) feet in
height and capable of being locked, shall surround all swimming pools. 22. SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge, or shrub planting which obstructs sign lines at elevations between two and six feet above
the roadways shall be placed or permitted to remain on any corner lot within the
triangular area formed by the street property lines and a line connecting them at
points 25 feet from the intersection of the street lines, or in the case of a rounded
property corner, from the intersection of the street property lines extended. The
same sight-line limitations shall apply on any lot, which is within ten feet from the intersection of a street property line with the edge of a driveway or alley
pavement. No tree shall be permitted to remain within such distance of such
intersections unless the foliage line is maintained at sufficient height to prevent obstructions of such sight lines.
DK:928 PG:332 23. ARCHITECTURAL CONTROL COMMITTEE.
a. Membership The Architectural Control Committee is composed of Jerry Peck and Dan Arnold. A majority of the committee may designate a representative
to act for it. In the event of death or resignation of any member of the
committee, the remaining members shall have full authority to designate a
successor. Neither the members of the committee nor its designated
representative shall be entitled to any compensation for services performed
pursuant to this covenant. The Architectural Control Committee shall have
the right to grant variances to these covenants provided that said grant is in
writing and signed by a majority of the Architectural Control Committee. b. Procedure. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve of disapprove within 30 days after the plans and specifications have been submitted to it, or in any event, if no suit to
enjoin the construction has been commenced prior to the completion thereof,
approval will not be required and the related covenants shall be deemed to
have been fully complied with.
c. Right of Inspection. The Architectural Control Committee, its agents and
representative, 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.
BK:928 PG:333 d. Violation. If any improvement shall be erected, placed, maintained or altered upon any Lot, otherwise 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 Section 25.
Additionally, the Architectural Control Committee shall be entitled to pursue all legal and equitable remedies.
e. Fees. The Architectural Control Committee may impose and collect a
reasonable and appropriate fee to cover the costs of inspections performed
pursuant to Section 23.c hereof, which such fee will be paid out of regular or special assessments established per Section 25 hereof. The fee shall be
established from time to time by the Architectural Control Committee.
24. HOMEOWNER'S ASSOCIATION. Every Owner of a Lot in Lea Haven shall be a member of the Association. If 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.
BK:928 PG:333 d. Violation. If any improvement shall be erected, placed, maintained or altered
upon any Lot, otherwise 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 cocurred, the Architectural Control Committee shall be entitled and empowered to enjoin or remove any such construction, and take other action permitted by the By-Lews 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 Section 25. Additionally, the Architectural Control Committee shall be entitled to pursue
all legal and equitable remedies.
e. Fees. The Architectural Control Committec may impose and collect a reasonable and appropriate fee to cover the costs of inspections performed
pursuant to Section 23.c hereof, which such fee will be paid out of regular or special assessments established per Section 25 hereof. The fee shall be established from time to time by the Architectural Control Committee.
24. HOMEOWNER'S ASSOCIATION. Every Owner of a Lot in Lea Haven shall be a member of the Association. If 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.
BК:928 PG×334 The provisions of this Article are to be amplified by the Articles of Incorporation
and By-Laws of the Association provided, however, 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. 25. 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 Lea Haven 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 terms and provisions of this Declaration and Articles of
Incorporation and By-Laws. In addition to exercising the remedies provided
for herein, the Association may enforce such hability by an action at law to
recover all amounts assessed against each unit owner in accordance with the
provisions of this Declaration.
• Creation of the Lien and Personal Obligation for Assessment. Fach owner of any Lot by acceptance of a deed or other conveyance thercof, whether or not it
shall be expressed in any such deed or other conveyance, covenants and
agrees to pay to the Association assessment which shall be fixed, established,
and collected as herein provided; however, nothing contained herein shall be
construed to obligate Declarant to pay assessments on lots prior to the sale of
said Lots.
BK:928 FC:335 c. Uniform Rate of Assessment. All annual assessments shall be fixed at a
uniform rate for all Lots.
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. All expenses related to the maintenance and repair of the storm water
detention facility located on the subject property;
ii. Premiums for all insurance policies maintained by the Association; iii. 'The expenses of performing the maintenance, repair, renovations,
restoration and replacement work which is the responsibility of the Association hereunder;
iv. Such other costs and expenses as may be determined from time to time
by the Board of Directors to be common expenses: and
e. Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a Lot Owner is liable,
together with all other amounts as may be owed by such Lot Owner to the
Association, as hereinafter provided.
i. In the event that any Lot Owner shall fail to pay any installment of any
assessment levied against him within ten (10) days after such installment shall be due and payable and the payment of, and shall pay, in addition to the amounts so due the Association:
ii. In the event that any Lot Owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the
BK:928 PG:336 Association, such Lot Owner shall be liable for the payment of, and
shall pay, in addition to the amounts so due the Association:
1. A late charge equal to the Ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is the greater; 2. interest on the amount so due, and the aforesaid late charge
appertaining thereto, from the date same were due and payable, at the rate of ten (10%) percent per annum, until paid; 3. the cost of collection, including court costs, the expenses of
sale, any expenses required for the protection and preservation of the Lot, and reasonable attorney's fees actually incurred; and 4. in the event the Association shall seek to foreclose its lien on
the Lot of such owner, the fair rental value of the Lot from the
time of the institution of suit until sale of the unit at foreclosure
(or until the judgment rendered in such suit is otherwise satisfied).
iii. All sums lawfully assessed by the Association against any Lot Owner
or Property Owner's Association Lot, whether for the share of the
common expenses pertaining to that Lot, fines, or 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 the time
the sums become due and payable, be the personal obligation of the
Lot Owner and constitute a lien in favor of the Association on the Lot
prior and superior to all other liens whatsoever except:
1. Liens for ad valorem taxes on the Lot;
BK:928 PG:337 2. 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
3. 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.
26. INSURANCE. 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 comprehensive policy of public liability insurance covering ali of the common elements. Such liability insurance policy shall contain a "severability 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
BK:928 PG:338 policy shall cover the Association, the Board of Directors, the officers of 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.
27. AMENITY AREAS. NONE
28. STORM WATER DETENTION AREAS. The storm water detention facilities
set forth on the plat of the subject property shall be conveyed to the Association
and shall be maintained by the Association as provided by the laws and regulations of Oconee County and the State of Georgia, including the
maintenance of liability insurance on said facility as provided herein.
29. TERMS. 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 25 years from the date
these covenants are recorded, after which time said covenants shall be
automatically extended for successive period of 10 years unless an instrument
signed by a majority of the then owners of the lots has been recorded, agreeing to
change said covenants in whole or in part.
30. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
BK:928 PG:339
31. SEVERABILITY. Invalidation of any one of these covenants by judgment or
court order shall in no wise affect any of the other provisions, which shall remain
in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this
instrument under this seal this the 11ạ day of February, 2007.
_ (SEAL)
Signed, sealed and delivered
In the presence of:
He Macha dea
NOTARL
Notary Public
16
....
STORMWATER MANAGEMENI
INSPECTION AND MAINTENANCE AGREEMENT
between (Insart Full Name of Owner) P&A Ventures,
herenana? caled the Landomar, and the Board of Commisaloners of Oconse County, Gear " A hereinafter called the "County",
00 WITNESSETH, Jog!
Tax Map/Parcel Identification Number) _C-02AI001, C-02AI002
record 1 by deed in the land records of Oconse County, Georgia, Deed Book 846 _ Pager
_, hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the property; and
WHEREAS, the Site Plan/Subdivision Plen known as (Name of Plen/Development) Dea Hamen Subdivision ., hereinaffer called the "Plen", which is expressly made a part herecf, as approved or to be approved by the County, provides for detention of stormwater within the confines of the property; and
WHEREAS, the County and the Landowner, including any homeownere association, agree that the health, safety, and weifare of the residents of Oconee County, Georgia, require that on-site stormwater management facilities/Best Management Practices (BMPs) be constructed and maintained on the Property; and
WHEREAS, the County requires that on-site stormwater management facilities/BMPs as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The on-site stormwater management facilities/BMPs shall be constructed by the Landowner in accordance with the plans and specifications identified in the approved Plan.
2. The Landowner shall adequately maintain the stormwater management facilities/BMPs. This includes all pipes and channels designated as private facilities built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions.
3. The Landowner shall inspect the stormwater management facilities/BMPs and submit an inspection report annually by July 1 to the Oconse County Public Works Depariment. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, etc. Deficiencies shall be noted in the inspection report.
4. The Landowner will perform the work necessary to keep these facilities in good working order as appropriate. In the event a maintenance schadule for the stormwater
8K:928 PG:342
In witness whereof the Landowner has set Its hand, affixed its seal and delivered thes presents, the date and year witten above.
P&A Ventures. Inc.
Company/Corporation/Partnership Name (Seal)
By:
Hypertin Name and Wite
Attest: Jerry Peck
(Type/Print Name and titie)
Signed sealed and delivered in
the presence of:
She Harte
official Witness
SH ELDER
Aany Elder
Notery Public, NOTAR
PUP
Accepted:
Oconee County 70%
By_
Chairman of the Board of Commissioners
DOC# 002596
FILED IN OFFICE 06/16/2011 08:45 AM 8K: 1095 PG:163-171 ANGELA WAISUN
KLERK DE SUFEKIOR COURT
OCONEE COUNTY
Record and return:
Ross S. Schell
Martin Snow, LLP
P. O. Box 1606
Macon, GA 31202-1606
FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS
AND PROTECTIVE COVENANTS FOR LEA HAVEN
RE: Declaration of Restrictions and Protective Covenants for Lea Haven,
recorded in Deed Book 928, Page 324, Clerk=s Office, Oconee Superior
Court
GEORGIA, OCONEE SUPERIOR COURT
WHEREAS, Pineland Financial, LLC (hereinafter called the ADeclarante), by virtue of that
certain Transfer and Assignment dated April 4, 2011 and recorded in Deed Book 1091, Page 88,
Clerk's Office, Oconee Superior Court and that certain Transfer and Assignment dated May 26, 2011 and recorded in Deed Book _ › Page , said Clerk's Office, currently holds the rights of
Declarant under the terms of that certain Declaration of Restrictions and Protective Covenants for
Lea Haven, recorded in Deed Book 928, Page 324, said Clerk=s Office (the "Covenants") and
furthermore is the owner of Lots 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17 and 18 and any and all
common areas of Lea Haven Subdivision (the "Subdivision") as shown on that certain plat of survey
entitled "Final Plat For: Lea Haven', dated February 7, 2007, prepared by ABE JD Wood Surveying, Inc., certified by Jerry D. Wood, Georgia Registered Surveyor No. 2999, recorded at Plat Book 37,
Page 8; and
WHEREAS, Steven Durocher is the owner of Lot 2 of the Subdivision; and
BK:1095 PG=164 WHEREAS, Matthew S. Kirby and Heather J. Kirby are the owners of Lot 4 of the Subdivision; and
WHEREAS, Amit Himani is the owner of Lot 15 of the Subdivision; and
WHEREAS, Barbara M. Franklin is the owner of Lot 16 of the Subdivision (the foregoing being hereinafter collectively referred to as the "Owners"); and
WHEREAS, the Owners are collectively the owners of all lots in the Subdivision; and WHEREAS, the Owners desire to amend the Covenants.
NOW, THEREFORE, for and in consideration of the premises and the benefits, both present and future, to the owners, future owners, and their successors and assigns, the undersigned do hereby amend the Covenants, as follows:
1. The following is hereby added to Section 1: In the event an owner owns two or more
adjacent lots, the owner shall have the right to construct a residence on one or more of the lots and
shall have the right to construct appropriate and approved associated improvements on the other
adjacent lots). Any such improvement shall be constructed only with the approval of the Architectural Control Committee.
2. The first sentence of Section 5 which requires the commencement of construction
within two years of the date of purchase is hereby deleted. Additionally, the following shall be added to Section 5: Construction of the residence shall be completed within nine months after
commencement. Completion is hereby defined as the date on which a certificate of occupancy is
issued by the appropriate city or county agency responsible for such.
Section 7 is hereby revised to read as follows: DRIVEWAYS. All driveway entrances shall have brick pavers.
EK:1095 PG:165 4. Section 8 is hereby revised to read as follows: FENCES. The location and material of
any fence shall be subject to approval at the sole discretion of the Architectural Control Committee.
5. Section 10 is hereby revised to read as follows: LANDSCAPING MAINTENANCE AND TREE REMOVAL. Each owner shall maintain their lot while the lot is vacant and during
construction to insure the lot is kept clean and neat. This shall include fallen trees and other debris
from the road and adjoining lots. At all times during their ownership of a lot, the owner shall be
responsible for keeping the grass and weeds cut on their lot. An owner shall have the right to remove live trees for the sole purpose of constructing the dwelling and improvement in compliance with the
approved construction plan and site plan described above. All other removal of live trees shall be
subject to the approval of the Architectural Control Committee. Upon construction of a dwelling on a
lot, an owner shall be required to spend a minimum of 3% of the construction cost of the dwelling or
$6,500.00, which ever is greater, for landscaping. All front yards shall be sodded and shall have underground irrigation systems sufficient to provide water to the aforementioned sodded areas. The
aforementioned sodding and irrigation shall be completed within 90 days from the completion of the
construction of the single-family residence located on a lot and shall be continued to be maintained
and appropriately watered thereafter. In the event a lot owner shall fail to comply with the
requirements of this paragraph, the Association shall have the right to enter the property to take such
action necessary to ensure compliance with this paragraph. In such an event, a lien shall be placed
upon such property in an amount equal to the expenditures made for such compliance. The
Association shall have the right to bring any judicial action necessary to collect and entorce said lien.
The following is hereby added to Section 11: The location of any above-ground
electrical facilities (i.e., transformers) shall be subject to the approval of the Architectural Control
BK:1095 PG:166 Committee. The owner shall endeavor to have such facilities located in the rear of the residence and,
if necessary, shall provide the rights to access to the power company to facilitate the same.
7. Section 16 is hereby revised to read as follows: SIGNS AND YARD ART. No sign,
posters or yard art of any kind shall be displayed to the public view on any lot except one
professional sign of not more than one square foot, one sign of not more than five square feet
advertising the property for sale or rent, or signs used by a builder to advertise the property during
the construction period.
8. The following is hereby added to Section 18: All garbage receptacles shall be hidden
from view of Lea Haven Way with the exception of the day of the weekly garbage pickup.
9. Section 28 is hereby revised to remove the requirement to convey the storm water
detention facilities to the Association as to that portion of said facilities located on that certain tract
or parcel of land identified as "Stormwater Management Outlot 0.91 ac." as shown on the plat of
survey of the subject as hereinabove described. The Declarant hereby retains the right to convey said
property to the Association at a future date if Declarant desires to do so.