Covenants
RETURN TO:
RUSSELL, STELL, SMITH & McLOCKLIN, P.C. FILLED P.C. BOX 644 SUPERIOR COURT WINDER, GEORGIA 30050 PROTECTIVE COVENANTS BALDO? COSITY GA.
PARK PLACE SUBDIVISION
WINDER, GEORGIA 96 APR 19 PM 3:53
RE: Plat Book 46, page Book 46, puge CLERK Barrow County Records.
THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this 15th aay of April, 1996, by DON WILLIAMS HOME BUILDERS, INC., of the County of Barrow and State of Georgia.
WITNESSETH:
THAT, WHEREAS, the undersigned is the owner of a residential development known as Park Place, consiating of all of those certain lots, tracts or parcela of land situate, lying and being within the Corporate Limits of the City of Winder, Barrow County, Georgia, and shown in Plat Book 46, page 53 of the Barrow County Clerk of Superior Courts office.
WHEREAS, it is to the interest, benefit and advantage of the undersigned and to each and every person who shall hereafter purchase any lot in said subdivision that certain protective covenants governing and regulating the use and occupancy of the game be established, set forth, and declared to be covenants running with the land.
NOW THEREFORE, for and in consideration of the premises and of the benefits to be derived by the undersigned and each and every subsequent owner of any part of the lots in said development, the undersigned hereby sets up. establishes, promulgates and declares the following Protective Covenants to apply to all of said lots with the exceptions of Lot 4 and Lot 25, and to all persons owning said lots, or any of them, hereafter; these protective covenants shall become effective as hereinafter set forth and run with the land and shall be binding on all persons claiming under and through the undersigned, as hereinafter provided, to wit:
1. Lots shown shall be for single family private dwelling with no lot or structure being used for any type of business or commercial enterprise. No building shall be erected on any lot to be used as a school, church, or kindergarten.
2. No lot shall be subdivided such as to create an additional building lot.
BOOK 318 PAGE 298
3. No temporary house, shack, tent, or trailer shall be
used by the developer and Real Estate marketing company.
4. No residence erected on any lot shall have less that 1800 square feet. of indoor heated space.
S. No relocated house to be moved onto the property. No accumulation of discarded personal effects, debris, waste, garbage, or other unsightly objects or matter will be permitted on any lot. All garbage cans shall be concealed from view of the street and neighboring property except on specific days of scheduled pickup. All woodpiles shall be concealed from view of the street and neighboring property.
7. Exterior of houses shall be of brick veneer or stucco on front and sides. No exposed concrete block.
8. Lot owners must acquire written approval from the developer of all house plans, site location, additions, outbuilding (including any pet shelter), exterior finish, exterior color, and roof color prior to commencement of construction or modification.
9. No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any lot, with the exception of dogs, cats, or other usual and common household pets in a reasonable manner. No pets shall be kept, bred or maintained for any commercial purpose.
10. No exterior antennas of any kind, including without limitation satellite dishes, shall be placed, allowed, or maintained upon any portion of the lot, without the prior written consent of the developer.
11. No sign of any kind shall be erected on any lot except for reasonable and appropriate "For Sale" signs relating to the lot. Entry signs and fences, subdivision identification signs, and sale information signs erected by the developer or his agents are hereby excepted.
12. The term "vehicles" as used herein shall include, without limitation, motor homes, boats, trailers, motorcycles, minibikes, scooters, go-carte, trucks, campers, buses, vans, and
BODK 318 PAGE. 399
automobiles. Unless and except to the extent that the occupants of a lot shall have more vehicles than the number of parking areas serving their lot, all vehicles shall be parked within such parking areas. Vehicles shall not be parked on the street for more than twenty-four (24) hours. All recreational vehicles parked on any lot shall not be visible from any street.
13. Motorcycles and motorized all terrain vehicles are hereby prohibited from use on the property, whether the property ia developed with final plated lots or undeveloped.
14. No fence or fencing type barrier of any kind shall. be placed, erected, allowed, or maintained closer to the street than the rear of the residence located on the lot. All fence types, material and color must be approved in writing by the developer.
15. No overhead utility lines, including lines for cable television, shall be permitted on any lot, except for temporary lines as required during construction and lines installed by or at the request of the developer.
16. No window air-conditioning units may be installed that are visible from the street or neighboring property.
17. No exterior clotheslines of any type shall be permitted on any lot.
18. No above ground swimming pool shall be permitted on any lot. 19. No in ground swimming pool shall be constructed upon any lot without prior consent of the developer.
20. No vegetable garden, hammock, statuary or play equipment, (including, without limitation, basketball goals and trampolines) may be located other than between the rear dwelling line and the rear of the lot.
21. All mailboxes located on lots shall be of a similar style approved by the developer. Replacement mail boxeg may be installed after the type has been approved by the developer.
22. No house shall be nearer a fronting street than 40 feet, nor nearer than 15 feet to any side lot line, nor nearer than 40 feet to the rear lot line. Developer reserves the right to
BOOK 318 PAGE 400
modify this requirement if developer in its sole discretion finds it is necessary to utilize a particular lot.
23. Home builder shall be held responsible for implementation of and conformance with county soil erosion control ordinance.
24. Home builder shall be required to maintain cleanliness of building site, removing all debris and construction materials after completion of construction. Home builder shall be required to remove transported soils from street gutters and catch basins abutting developed lots.
25. All front lawns are to be sodded. The home builder shall seed all other disturbed earth with a permanent vegetative cover.
26. No residence shall be erected on any lot without a garage or carport.
27. All structures erected shall be completed within one year of when work began.
28. Owners shall not alter, remove or add improvements to any entry features constructed by the developer on any lot, or any easement area associated therewith without the prior written consent of the developer.
29. If the developer fails to approve or to disapprove submitted plans and specifications within thirty (30) days after the plans and specifications have been submitted to it in writing, approval will not be required, and this section will be deemed to have been fully complied with.
30. Term. 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 (20) years from the date of these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (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.
31. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or
BOOK 318 PAGE_.. 11.
attempting to violate any covenant either to restrain violation or to recover damages.
32. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned has caused these covenants to be executed in its name, by its president, and its corporate seal affixed hereto on the day and year first above written. LOER.
DON WILLIAMS HOME BUILDERS VINC
Don R. Williams, Jr.
Signed, sealed and delivered
in the presence of:
→ Conic
witness
OTAR
roW coU
402