Covenants
FILES !!! OFFICE
CIFER SUFFCIOR COURT
/ 20021/04
GEORGIA AeL! 25716
CLARKE COUNTY PROTECTIVE COVENANTS pner. 60 : 24
STE 5-·486 THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this 24th day of February, 1986, by THE PRINCETON CORPORATION, a Georgia corporation chartered under the laws of the State of Georgia and having its principal offices in Clarke County, Georgia;
WITNESSETH:
THAT WHEREAS, said corporation is the owner of that property known as Princeton Mill Subdivision, and these restrictions are applicable to those numbered lots and Outlots as shown on that plat by Ray N. Woods, R.L.S., dated July 23, 1985, and recorded in Plat Book 22, page 32, in the Office of the Clerk of the Superior Court, Clarke County, Georgia; and,
WHEREAS, it is to the interest, benefit and advantage of The Princeton Corporation 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 in said Subdivision be established, set forth and declared to be covenants running with the land;
NOW THEREFORE, for and in consideration of the premises and the benefits to be derived by The Princeton Corporation and each and every subsequent owner of any of the numbered lots in the above-referenced Subdivision, The Princeton Corporation does hereby set up, establish, promulgate and declare the following Protective Covenants to apply to all of said lots, or any of them, hereafter; these Protective Covenants shall become effective immediately upon the recording of this Declaration, shall run with the land and shall be binding on all persons claiming under and through The Princeton Corporation until twenty (20) 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, to wit:
1. DEFINITIONS. The terms used hereinafter, unless otherwise specified or unless the context otherwise requires, shall
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have the meanings specified in the most recent City of Athens Subdivision Regulations for Athens, Clarke County, Georgia. In addition, when used hereinafter, the following words shall have the following meanings:
(a) "Association" shall mean and refer to Princeton Mill Homeowners Association, Inc., a non-profit Georgia corporation, its successors and assigns.
(b) "Passenger cars" shall have the meaning specified in the Official Code of Georgia Annotated Section 40-1-1(36) and shall specifically exclude house trailers unless otherwise indicated.
(c) "Outlots" shall mean and refer to those lots depicted on the above-described plat as outlots and shall be owned in common by all Owners of lots in the Subdivision.
(d) "Streetyard" shall mean and refer to the area of a lot which lies between the street right-of-way line and the actual front wall line of the building, as such building wall line extends from the outward corners of the building, parallel to the street, until such imaginary extensions of such front building wall line intersect the side property lines. In determining the, actual building wall of the building for the purposes of this section, steps and unenclosed porches shall be excluded, but such building wall line shall follow and include the irregular indentions of the building. A front building wall is a building wall fronting on a street.
On corner lots, the streetyard shall consist of all the area of such lot between all abutting street right-of-way lines and their corresponding actual front building wall lines, as such lines are imaginarily extended.
2. LAND USE AND BUILDING TYPE. No lot shall be used, except for residential purposes, except as designated on the recorded plat. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached
single-family dwelling not to exceed two and one-half stories in height, private garages for not more than three passenger cars and other outbuildings customarily used in connection with and
incidental to a single-family dwelling. No structure, other than rooftop-mounted antennae no more than fifteen feet (15') in height,
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designed for the purpose of receiving television broadcast signals, including, without limiting the generality of the foregoing, satellite receiving dishes or antennae, shall be permitted on any lot, whether temporarily or permanently.
3 . ARCHITECTURAL CONTROL. No building or accessory structures, such as decks, patios, courtyards, swimming pools, tennis courts, playhouses, awnings, walls, fences, sidewalks, driveways, mailboxes, exterior lights, garages, guest or servant's quarters, tool sheds, storage sheds or similar structures, shall be commenced, erected or maintained upon any lot in this subdivision, nor shall any extension, addition to, change in or alteration of any kind in said structures be made until one (1) copy of complete final plans and specifications and related data showing the nature, kind, shape, height, materials, basic exterior finishes and colors, location and floor plan thereof, and showing front, side and rear elevations thereof and the names of the builder, general contractor and all subcontractors have been submitted to and approved by the Architectural Control Committee as to the harmony of exterior design and general quality with the existing standards, of the structures and topography. The Architectural Control Committee has the sole discretion to approve or disapprove said plans.
Attached hereto as Exhibit "A" and made a part hereof by reference is a statement of the objectives of the review process and a list of specific information which will be required for . submittal to the Architectural Control Committee. All plans submitted to the Architectural Control Committee will conform to the requirements outlined in Exhibit "A".
4. DWELLING COST, QUALITY AND SIZE. No dwelling shall be permitted on any lot at a cost of less than $80,000.00 based upon cost levels prevailing on the date these Covenants are recorded, it being the intention and purpose of these Covenants to assure that all dwellings shall be of a quality 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 as stated herein for the minimum permitted dwelling size. The ground floor area of one-story structures shall not be less than 1,650
square feet and the total area of structures with more than one story shall not be less than 2,000 square feet with the ground floor area being not less than 1,200 square feet.
No walls shall be constructed or be permitted to remain upon any lot if its finished appearance is constructed of concrete block, concrete bricks, cinder block or combination thereof unless otherwise approved by the Architectural Control Committee.
5. BUILDING LOCATION. No building or other structure, whether of a temporary or permanent nature, shall be located on any lot nearer to the front line nor nearer to the side street line than the minimum building set-back lines as shown on the recorded plat. No building or other structure shall be located nearer than ten (10) feet to an interior lot line nor nearer than ten (10) feet to the rear lot line. For the purposes of this covenant, eaves, steps, carports and open porches 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. If the more restrictive covenants contained under this section present an undue hardship, the Architectural Control Committee, in its discretion, may, but is not required to, elect to invoke the less restrictive regulations contained in Article VI of Section 61.5 of The Zoning Ordinance of the City of Athens, Georgia, as adopted by the Mayor and Council of the City of Athens, in June of 1964 and as amended by same in February of 1984.
6. LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than seventy-five (75) feet at the minimum building set-back line, nor shall any dwelling be erected or placed on any lot having an area of less than 9,000 square feet.
7. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the subdivision plat.
8. NUISANCES. In order to preserve and maintain the beauty and integrity of the neighborhood, no noxious or offensive activity shall be carried on or upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. During construction and at all times thereafter, the
lot shall be kept neat and free and clear of debris and trash; and the builders will provide standard construction on-site sanitary facilities for their workmen.
9. 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.
10. 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, water wells, tanks, tunnels, mineral excavations or shafts of any nature be permitted upon any lot; and no derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted on, upon or in any lot. In addition, no exposed above-ground tanks will be permitted on or upon any lot for the storage of fuel, oil, gas or water, or for any other use.
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 (1) square foot, one sign of not more than five (5) 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.
12. LIVESTOCK. 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 or in
violation of any ordinance or law.
13. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or waste shall not be kept except in sanitary containers. All
incinerators or other equipment for the storage or disposal or such material 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
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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 (2) and six (6) 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 twenty-five (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 (10) 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.
16. ARCHITECTURAL CONTROL COMMITTEE.
(a) Membership. The Architectural Control Committee is composed of the following members with the respective percentage votes, to wit: James Gilbert Milner - 30%; T. H. Milner, Jr. - 30%; William J. Callaway - 20%; and Paul D. Hill - 20%. 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 Princeton Corporation, its successors and assigns, 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.
(b) Procedure. The Committee's approval or disapproval as required in these Covenants shall be in writing. A simple majority shall be required for any approval or disapproval. In the event the Committee, or its designated representative, fails to approve or disapprove within thirty (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. VARIANCES•
(a) General. Whenever the Architectural Control Committee finds that extraordinary hardships or practical difficulties may result from strict compliance with these Covenants, and/or the purposes of these Covenants may be served to a greater extent by an alternative proposal, the Committee may approve variances to these Covenants to ensure that substantial justice may be done and the interests of the other property owners secured; provided, however, that such variance (s) shall not have the effect of nullifying the intent and purpose of these Covenants; and further provided that the Committee shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(i) the granting of the variance (s) will not be detrimental to the property owners' public safety, health or welfare or injurious to other property;
(ii) the conditions upon which the request for a variance would be based are unique to the property for which the variance is sought and are not applicable generally to the other properties;
(iii) if as a result of the particular physical
surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these Covenants is carried out; and
(iv) the variance (s) will not in any manner change the provisions of these Covenants.
(b) Conditions. In approving variances, the Committee may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements of these Covenants.
(c) Procedure. A petition for any such variance (s) shall be submitted in writing by the property owner or his/her agent at the time the construction plans are filed for consideration. The petition shall state fully the grounds for application and all of the facts relied upon by the petitioner. The Committee's approval or disapproval as required in these Covenants shall be in writing pursuant to Paragraph 16. A simple majority shall be required for
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any approval or disapproval. In the event the Committee, or its designated representative, fails to approve or disapprove a variance within thirty (30) days after the petition has been submitted to it, or in any event, if no suit is filed to enjoin the Committee's approval of such variance prior to the thirty (30) day review period, approval will not be required and the related Covenants shall be deemed to have been fully complied with.
18. ASSOCIATION.
(a) The Association has been incorporated as a Georgia non-profit membership corporation under the Georgia Corporation Code. The organization of the Association has been duly
effectuated, including appointment of the first Board of Directors and election of its initial officers, or until The Princeton Corporation surrenders said authority to the Association by an express amendment to these Covenants executed and recorded by The Princeton Corporation. The Princeton Corporation shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until the date as of which seventy-five percent (75%) of all lots in
Princeton Mill Subdivision have been conveyed by The Princeton Corporation to owners other than a person or persons constituting The Princeton Corporation.
(b) Each owner of a lot in Princeton Mill Subdivision shall automatically be a member of the Association, which membership shall continue during the period of ownership by such lot owner. The Association shall be responsible for the care and maintenance of the yards and grounds on all lots in the Subdivision, including the outlots; to that end, the Association shall charge a monthly assessment for care and maintenance, said assessment to be based on the size of each respective owner's lot and to be fixed in
accordance therewith. Said assessment shall constitute a lien in favor of the Association on the lot or lots against which each such assessment is levied; the recordation of these Covenants shall constitute served notice of the existence of such lien, and no further recordation of any claim of lien for assessment shall be required.
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19. 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 twenty (20) years from the date 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 simple majority of the then owners of the lots has been recorded, agreeing to change said Covenants in whole or in part; provided, however, that all owners shall receive written copies of all proposed changes at least thirty (30) days prior to any vote on said changes.
20. 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.
21. 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.
22. APPLICABILITY. It is hereby specifically provided that the above and foregoing Protective Covenants shall be applicable only to those enumerated lots as shown on the plat of survey referred to hereinabove; and that with respect to other lands belonging to The Princeton Corporation, bordering upon or adjoining said enumerated lots, subsequent purchasers, owners and their assigns shall have no right or claim regarding the future
development, disposition or use thereof. The Princeton Corporation expressly reserves the right to sell, lease or otherwise deal with and dispose of all or any part of its said adjacent properties or, at its option, to develop and use the same, to permit its
development and use by others or to refrain from doing so; provided further that said adjoining properties, or any portion thereof, may be subdivided, developed or otherwise used in any manner and for any purpose, under such covenants or restrictions, if any, as the owner thereof may deem appropriate to impose or not impose, and the foregoing Covenants applicable to the enumerated lots as specified herein shall not be construed by implication or otherwise to be imposed upon or in any wise affect any other property of The Princeton Corporation. The Princeton Corporation further reserves
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the right, at its option, to extend any or all of the roads in Princeton Mill Subdivision as shown on the plat referred to
hereinabove and through its adjacent property and to use the same for ingress and egress to all other public roads now or hereafter connected therewith.
IN WITNESS WHEREOF, The Princeton Corporation has caused these Covenants to be executed in its name by its president, and its corporate seal is affixed by its secretary on the day and year first above written.
THE_PRINCETON CORPORATION
BY :
Preside
ATTEST:
Signed, sealed and delivered Assistant Secreta
in the presence df: (CORPORATE SEAL)
Usa A. Patterson
NOTARY PUBLIC
day of _ 1986.
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EXHIBIT "A"
Information required for submittal to the Architectural Control Committee:
1. Architectural plans
Two copies of building floor plans and exterior elevations drawn to scale to show clearly the design intent. Provide color and material samples.
copies of plans and elevations (where
feel streighting and tovited Provide tolor and material same. petity tod Specify type of luminaire.
2. Site plan
Two copies of a site plan or plans, drawn at an appropriate scale to show clearly the design intent, will be required, showing the following information:
built upon of otherise and Fientation of each lot to be
The relationship of the site and its proposed development to adjacent properties and existing buildings thereon.
utilities The location of all underground trenching for and irrigation. The location of all existing trees to be saved. On wooded lots, the general outline of clumps of trees in a wooded area may be indicated instead of indicating individual trees.
d. The location of all buildings, walker walle fences, driveways and parking areas
' features.
streetyard Indicate the required area of landscaping in the and the actual area of landscaping
streetyard.
3. Planting plan
be submitted for review. The planting plan for the streetyard is required to
The planting plan will show common or botanical names, sizes, number and location of all new plant material.
b. It is the intent of this covenant to ensure and encourage the preservation of existing topography and trees whenever possible. Indiscriminant clearing is prohibited, 4. Submission for alterations or additions of limited scope
The Architectural Control Committee may waive any of the above submittal requirements that it believes to be. unnecessary for reviewing a small addition or alteration to a building site. The Committee will require of the
information listed above that which it deems reasonably necessary to make an informal decision.
II. Landscaping Requirements
landscaped. A minimum of 75% of the area of the streetyard must be
The landscaped area is defined as the area covered by plant material, including new or existing mulch, grass, ground cover, shrubs and/or trees.