Covenants
Clark Design Group Buyer Copy 3305 Duckinridge Bvd.
suite 112 CLERK FILED IN OFFICE SUPERIOR COURT
Juluth, GA 30094 PROTECTIVE COVENANTSAKE COUNTY. GEORGIA
OLD LEXINGTON TRACE SEP 11 PM 3:39 FOR
STATE OF GEORGIA COUNTY OF CLARKE BOOK YEGORDED PAGE
DATE BEVERLY LOGAN. CLERK
published this f THIS DECLARATION OF PROTECTIVE COVENANTS, day of Softenour made and Declarant(r). purporation chartered under the laws of the Slate of Georgia, hereinater refered to as
WITNESSETH:
nd being in the 218ại GM District of Clarke County, Georgia and being more particularl WHEREAS, the undersigned is the owner of all that tract or parcel of land lying described as: OLD LEXINGTON TRACE, as per final plat prepared by Clark Design i°g-11-02 Group, P.C., Registered I and Surveyor No. 18426, dated August 28, 2001; and recorded Page 20-24 Clarke County, Georgia records on and every person who shall hereafter purchase any lot in said subdivision that certain WHEREAS, it is to the interest, benefit and advantage of Declarant and to each protective covenants governing and regulating the use and occupancy of the same to be established, set forth and declared to be covenants running with the land: be derived by Declarant, and each and every subsequent owner of any of the lots in said NOW, THEREFORE, for and in consideration of the premises and of benefits to subdivision, said Declarant hereby sets up, establishes, promulgates and declares the following protective covenants to apply to all of said lots and to all persons owning said lots, or any of them, hercafter; these protective covenants shall become effective mmediately and run with the land and shall be binding on all persons claiming under and through Declarant, for twenty (20) years from the date of publication at which time said covenants may be extended or terminated in whole or in part as hereinafter provided towit:
1.
residential purposes. No lot shall be subdivided, nor shall more than one house be Land Use and Building Type. No lot shall be used except for single-family erected on any one lot. No building shall be erected on any lot to be used as a school, church, or kindergarten.
Architectural Control:
(a) No building shall be erected, placed or altered on any lot until the construction Pany of sea; one win este america, tad a to beater with epest to topography and finish grade elevation.
aliered on any lot nearer to any street than the rear of structure unless similarly approved. bery yard fencing shall be submitted to the Architectural Control Committee for approval
NO TYPE CHAIN LINK FENCING SHALL BE and side rear of lot. ALLOWED. A privacy fence may be constructed providing it is limited to the back rear
(b) Any exterior redecorating may be done only by consulting and working with scheme throughout the entire subdivision. he Architectural Control Committee in order to maintain a well-coordinated color approval of the Architectural Control Communee. No window air-conditioning units will be permissible without the prior way as to be visible from the strect and are subject to the Architectural Control d) Mobile home, campers and/or commercial vehicles may not be parked in such Committee's approval, with exception of temporary parking not to exceed seven (7) days. 20 below. (e) All Architectural Control Committee approvals shall be as provided in Item
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3.
Dwelling. Size The primary residential structure on any lot within OLD LEXINGTON TRACE shall contain at least the minimum number of square feet of heated living space as is required by the (Old RS-40) zoning classification in Clarke County, Georgia. Such calculation of heated living space shall be exclusive of porches, garages, and carports.
line shown on the recorded plat, nor nearer to any side street than the building line shown Building Location. No house shall be nearer fronting street than the building as per zoning and as allowed by Clarke County. on the recorded plat, or as allowed by zoning. All lot yard setback requirements shall be
5.
width unacceptable by zoning and development standards except as a variance. Lot Area and Width. No dwelling shall be erected or placed on any lot having a
facilities are reserved as shown on the recorded plat and ten (10) feet between all lots and Easements. Easements for installation and maintenance of utilities and drainage Drainage flow shall not be obstructed nor be diverted from drainage of utility easements along the perimeter boundary lines of the subdivision except where shown otherwise. as designated above or on the recorded plat.
shall anything be done thereon which may be or may become an annoyance or nuisance in Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor the neighborhood. No rubbish or debris of any kind shall be dumped, placed, or permitted to exist so as to render any portion offensive. permitted to accumulate upon any portion of the development, nor shall any odors be
8.
any lot except one professional sign of not more than one square foot, one sign of not Signs. No permanent sign of any kind shall be displayed to the public view on 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 unless approved y the Architectural Control Committee.
9.
Oil and Mining. Operations. 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 shall be erected, maintained or permitted upon any lot. any lot. No derrick or any other structure designed for use in boring for oil or natural gas
10.
raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept Livestock and Poultry. No animals, livestock or poultry of any kind shall be provided that they are not kept, bred or maintained for any commercial purpose. permanent number of pets per household shall not exceed three, fish and birds excepted Total
nuisance. Structures for care, housing or confinement of any pet shall be allowed on the No pet shall be allowed to make an unreasonable amount of noise or to become a
rear of property only. Pets shall be under leash at all times when walked or exercised in any area other than owner's lot and no pet shall be permitted to leave its excrement on any
any homeowner, the Committee may in Is discretion, determine If a weish toquert of a pet is a generally
to require the owner of a particular pet to remove such pet from the subdivision if such. recognized house pet or if such pet is a nuisance and the Committee shall have the right pet is found to be a nuisance or in violation of these restrictions.
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11.
the building site prior to the closing of any permanent loan. Building site is defined as Garbage and Refusal Disposal. Visible construction trash shall be removed from maintained as a dumping ground for rubbish. Trash, garbage, or other wastes shall not be any area within 10 feet of a constructed residential property. No lot shall be used or of such material shall be kept in a clean and sanitary condition. kept in sanitary containers. All incinerators or other equipment for the storage or disposal
12.
Sewage and Disposal. No individual sewage disposal system shall be permitted requirements, standards and recommendations of the Georgia Department of Public ›n any lot unless such system is designed, located and constructed in accordance with the Health. Approval of such systems as installed shall be obtained from such authority.
13.
obstructs sight lines at elevations between two and six feet above the roadways shall be Sight Distance at Intersections. No fence, wall, hedge, or shrub planting which placed or permitted to remain on any comer lot within the triangular area formed by the street property line connecting them at points twenty-five (25) feet from the intersection the street property lines extended. The same sight line limitations shall apply on any lot of the street lines, or in the case of a rounded property corner line from the intersection of within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be on such a sight line. These distances may vary according to the needs of the Builder or Clarke County by variance.
14.
Antenna. No television antenna, radio receiver, satellite dish or other similar device shall be attached to or installed to any exterior of a building or other structure: cable not be available, and'subject to the consent of the Architectural Control committee, without prior written consent of the Architectural Control Committee. However, should the roof of any house constructed, so iong as it is not visible from the front of the lot. satellite receivers no larger than 24 inches in diameter may be allowed on the rear side of
15.
of the property AT ALL TIMES. Playground Equipment. All playground equipment should be placed on the rear
16.
remain parked in the street or driveway for more than seventy-two (72) hours. If repairs Automobiles, Trailers, Boats, Etc. No automotive vehicle that is inoperative shall garage or in area not visible from the street. on automobiles are made at home, they MUST be within the confines of an enclosed utomobilea in garages, equipped with garage doors, prior to occupancy of the dwelling Each Owner shall provide for parking of owned and maintained by such Owner. All automobiles owned or used by Owners or Occupants other than temporary guests and visitors shall be parked in garages to the extent that garage space is available, and garages shall not be used for storage or otherwise so that they become unavailable for parking cars therein. MOTORIZED GO-CART, OR ANY NO OPERATION TRANSPORTATION DEVICES SHALL BE ALLOWED. OTHER RELATED FORMS OF
17.
tent, shack, garage, barn or other out-building shall be used on any lot at any time as a Temporary Sructures. No structure of a temporary character, trailer, basement, residence office/trailer. either temporarily or permanently, with the exception of builder's sales
18.
permitted within the Development, and such manufactured units shall not be employed as Prefabricated Structures. Prefabricated or factory built structures shall not be Development except by express written consent of the Architectural Control Committee, elements in the construction of residential structures affxed to real property within the
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19.
Landscaping. All yards will be sodded with appropriate landscaped islands and link fences shail be permitted. Outside clotheslines or other outside facilities for drying or shrubs. All yards shall be kept in a neat and pleasant condition at all times. No chain nor shall any clothing, rugs or other items be hung on any railing, fence, hedge or wall. airing clothes are specifically prohibited and shall not be erected, placed or maintained, When not in use, all garage doors shall remain closed.
20.
parties and all persons claiming under them for a period of twenty (20) years from the Terms. These covenants are to run with the land and shall be binding on ali date these covenants are recorded, after which time said covenants shall be automatically extended for a successive period of ten (10) years unless an instrument signed by a covenants in whole or in part. majority of the then owners of the lots has been recorded, agreeing to change said
21.
Architectural Control Committee.
(a) The primary intent of the Architectural Control Committee is to approve home construction plans and early alterations made by new homeowners. Committee, at the election of the majority of the lot owners, can be continued after new The shall be automatically off the Architectural Control Committee. home construction is complete and at which time the initial members of the committee primary function of the Architectural Control Committee would be to approve all things At this point in time, the requiring approval other than home construction plans.
(b) Membership - the initial Architectural Control Committee is composed of Every homeone shall then aun featy be member of the Committee and remain INC., until such time as new home construction is complete. " automatically pass to his successor-in-title to lot or dwelling. member until ownership ceases for any reason, at which time his membership shall act for it. In the event of death or resignation of any representative of the Committee, the A majority of the Committee may desiguate a representative or representatives to the Committee, nor its designated representative shall be entitled to any compensation for remaining members shall have full authority to designate a successor. Neither member of services performed pursuant to these covenants.
covenants shall be in writing. (c) Procedure - The Committee's approval or disapproval as required in these In the event the Committee, or representative, fails to approve or disapprove within thirty (30) days after the plans and its designated specifications have been submitted to it, or in any event, if no suit to enjoin construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be decmed to have been fully complied with.
22.
person or persons violating or altempting to violate any covenant either to restrain Enforcement. Enforcement shall be by proceedings at law or in equity against any shall inure to the benefit of and shall be enforceable by (i) the Declarant so long as it is an violation or to recover damages. This Declaration and the Restrictions contained herein be formed, or (iii) each Owner, his legal representatives, heirs, successors and assigns. Owner or (ii) the Homeowners Assoaiation of OLD LEXINGTON TRACE, should one
23,
order shall in no way affect any of the other provisions, which shall remain in full force Severability. The invalidation of any one of these covenants by judgment or court and effect.
24.
shall be observed. Zoning. Zoning regulations applicable to the property subject to this declaration in the event of any conflict botween any provisions of such zoning regulations and the restrictions of this declaration, the more restrictive provision shall apply.
BOOK 2202 PAGE 223
trid
25.
Pools, and Spa Equipment Plans for proposed swimming pools, hot tubs, surrounding decks, fencing and screening must be submitted for approval before any clearing, grading or construction is commenced. No aboveground swimming pools shall be allowed.
26.
Mailboxes and Other Delivery Receptacies All mailboxes must be a black standard U.S. Postal Office mailbox, size one (1). All mailboxes must be mounted on the standard post as approved by the ACC. No other delivery receptacles, such as newspaper holders or other similar boxes shall be permitted unless approved by the ACC.
27.
Garages. All houses shall have at least a two (2) car garage. The orientation and location of garage should be determined in relation to topography, trees, and building lines in conjunction with overall house approval. equipped with garage doors. Garages facing a street shall be
set its hand and affix its seal the day and ycar first above written. IN WITNESS WHEREOF, Declarant does hereby, through its authorized officer,
REL Properties, Inc. 111 C.
out I que arant
Robert L. Laniér, Sectefary 30025
petey Masant
Commission Expires Janua aty PLoic, Houston Countys
Carnes M. Emersos
Witness HOU
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