Covenants
PISS IN OFFICE
TY. CA E COURT Lus 25 4 29 Fil '93ł STATE OF GEORGIA : 1334
ATHENS-CLARKE COUNTY
PROTECTIVE COVENANTS
THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this the 2YYLof August, 1993, by OLDE LEXINGTON GARDENS, A Joint Venture Composed of SAYE CONSTRUCTION COMPANY, INC. and KARL-ERIK L. ERIKSSON, hereinafter referred to as "Declarant* WITNESSETH:
THAT WHEREAS, Declarant is the owner of that property known as Olde Lexington Gardens, and these restrictions are applicable to' those lots as shown on that certain plat entitled "Final Plat of: Olde Lexington Gardens, Section Three", dated July 1, 1993, by Norton & Associates, Jean G. Norton, Jr.. • Registered Land Surveyor, and recorded in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia, in Plat Book 30, Page 22l: 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 lot in the above described subdivision that certain protective covenants governing and regulating the use and occupancy of the lots shown on the above named plat be established, set forth, and declared to be covenants running with the land; and
WHEREAS, the said Owner also is the owner of and may acquire other and further lands adjoining and in the vicinity of the above named lots, which other, further lands shall in no wise nor by any implication be affected by, or have imposed upon the same hereby, these Protective Covenants, which are hereby specifically declared to be and made applicable to, and only to the numbered lots as shown on the above named plat so recorded in. said Clerk's office in Plat Book 30, Page 226
BOOK 1334 PADE 258
09254
NOW, THEREFORE, for and in consideration of the premises and the benefits to be derived by Declarant and each and every subsequent owner of any of the numbered lots in the above referenced subdivision, said Declarant does hereby set up, establish, promulgate, and declare the following Protective Covenants to apply to, and,only to, each of all of said numbered lots shown on the above named plat and to all persons owning said lots, or any of them hereafter; these Protective Covenants shall become effective immediately and shall run with the land and shall be binding on all persons claiming any such numbered lot or lots under and through the Declarant until twenty-five (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 hereinafter provided.
1. LAND USE AND BUILDING TYPE. No lot shall be used, except for residential purposes. 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 (3) cars, and any other outbuildings customarily used in connection with and incidental to a single family dwelling.
2. ARCHITECTURAL CONTROL. No building, fence, or wall shall be erected, placed, or altered on any lot until the construction plans and specifications and a plat showing location of the structure have been 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 elevations. Approval shall be as provided in Paragraph 16 below.
BOOK 1334 PADE 259
3. DWELLING COST, QUALITY, AND SIZE. No dwelling shall be built on any lot at a cost of less than $50,000 based upon cost levels prevailing on the date these covenants are filed for record, it being the intention and purpose of these covenants to assure all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. 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 set-back lines shown on the recorded plat. No dwelling shall be located on an interior lot line nearer than 20 feet. to the rear lot line. For the purposes of this covenant, eaves, steps, garages, and open porches shall not be considered as part of a dwelling or building, provided, however, that this shall not be construed to permit any portion of a building or dwelling to encroach upon another lot.
5. EASEMENTS. Basements 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 30, Page 2212, and over the rear ten feet of each lot.
6. MAINTENANCE OF AMENITIES AND RIGHT OF WAY. The Declarant herein has constructed a decorative entrance to the subdivision which includes landscaping, a brick wall entrance, and gas
The Declarant has furthermore grassed the unpaved portions of all street rights of way located in the subdivision. It is in the best interest of all subdivision lot owners that the aforementioned improvements be repaired and maintained. Therefore, the Declarant shall have a right of ingress and egress to repair and maintain the aforementioned improvements. Any cost
BCOK 1334 PADE 260
to the Declarant of repair and maintenance, as well as any charges for operating the aforementioned gas lights or other utility charges associated with the use of the aforementioned improvements, shall be paid on a prorata basis by the owners of lots in the subdivision.
The Declarant shall assess each lot owner for said owner's prorata share of the aforementioned costs on at least an annual basis commencing August 24, 1993.
Upon failure to pay said assessment by a lot owner when same comes due, the Declarant shall have the right to file a special lien for the assessment owed by said lot owner against the lot owned by said owner.
7. 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.
8. TEMPORARY STRUCTURES. No structures of a temporary character, trailer, basement, tent, shack, garage, detached carport, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.
9. 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.
10. STORAGE TANKS. No exposed above-ground tanks will be permitted on any lot for the storage of fuel, water, or for any other use. No television "dish" antennas shall be permitted.
BOOK 1334 PAGE 261
11. 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 and sales period.
12LIVESTOCK 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.
13. 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 matter shall be kept in a clean and sanitary condition.
14. 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.
15. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within a 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 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 distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstructions of such sight lines.
BOOK 1334 PAGE 262
16. ARCHITECTURAL CONTROL COMMITTEE.
a - Membership. The Architectural Control Committee is composed of David D. Saye, Jr., Christopher M. Saye, and Karl-Erik L. Eriksson.. 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 member 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.
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 or 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.
17. TERMS. These covenants are to run with the land and shall be binding on all parties and all person claiming under them for a period of 25 years from the date these covenants recorded, after which time said covenants shall be automatically extended for successive periods of ten 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.
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18. ENFORCEMENT. Enforcement shall be 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.
19. 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, said Declarant has caused these covenants to be executed in his name on the day and year first above written.
OLDE LEXINGTON GARDENS
BY: SAYE CO
BY:
DAVID
ATTEST:
CHRISTO
BY : _ (SEAL)
KARL-ERIK L. ERIKSSON, by
attorney in fact, STEVE EBBERT and delivered
resence o
whis
1. i the they say get he 1993.