Riverbend East Condominium Covenants

FILED IN OFFICE

.... Reference: Deed Book 390

*81 Page 863

P5-6 BOOK 721 1.61 321 AMENDED AND RESTATED DECLARATION

DATE Oct: 21p: 7987

-OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR

RIVERBEND EAST

WHEREAS, Riverbend Ventures, Inc., a Georgia corporation, filed a Declaration of Covenants, Conditions, and Restrictions for Riverbend East, (hereinafter called "Declaration"), dated September 29, 1975, and recorded September 30, 1975, in Deed Book 390, Page 863, Clarke County, Georgia Records; and

WHEREAS, such Declaration has been previously amended by that certain amendment dated May 24, 1976, and recorded June 16, 1976, in Deed Book 394, Page 553, Clarke County, Georgia Records; and

WHEREAS, Master Plats are recorded in Condominium Plat Book 1, Page 16 (dated July 16, 1974, and recorded September 30, 1975); Condominium Plat Book 1, Page 18 (dated July 16, 1974, and recorded September 30, 1975); and Condominium Plat Book 1, Page 30 (dated July 11, 1973, and revised June 18, 1974, and

recorded September 30, 1975); Clarke County, Georgia Records

(said plats being referred to as surveys for Riverbend Fernbank Condominium I, Woodstone Condominium I and the Community Center

Site; and

WHEREAS, floor plans of units are filed in File Number 8, Condominium Project Floor Plan File Drawer, Microfilm Room,

Clarke County, Georgia Records (as noted on Condominium Plans Card Number One); and

WHEREAS, Riverbend East Condominium Association, Inc., (hereinafter sometimes referred to as the "Association"), the successor by name change to the Riverbend East Owners Association, Inc., the incorporated successor to the unincorporated nonprofit association, as referenced under the aforesaid Declaration, and the membership thereof, desire to amend the Declaration for the purpose of submitting the Condominium to the Georgia Condominium Act, Ga. Laws 1975, No. 463, and for other purposes; and

WHEREAS, the residence owners, as members of the Association, have been given and have taken full administrative control of the Association under the terms of the Declaration; and

WHEREAS, the Declaration may be amended by the approval of at least two-thirds (2/3) of the Directors of the Association and two-thirds (2/3) of the total vote of the Association;

provided Directors and members not present at meetings concerning the amendments may express their approval in writing; and provided, further, in the event the proposed amendment should affect materially any rights of any then existing mortgage holders, such amendment shall also require the written consent thereto of all of the then existing mortgage holders; and

WHEREAS, greater than two-thirds (2/3) of all the Directors and not less than two-thirds (2/3) of the total vote of

(ii)

the Association have consented to the adoption of this Amendment to the aforesaid Declaration and to the adoption of the Declaration of Condominium to Riverbend East Condominium, such amendment and Declaration made for the purpose of submitting the Condominium to the Georgia Condominium Act, Ga. Laws 1975, No. 463, Ga. Code Ann. Sections 85-160le, et seg., and for other purposes;

NOW, THEREFORE, the Declaration of Covenants, Conditions, and Restrictions for Riverbend East and the By-Laws attached thereto are amended by striking the Declaration and ByLaws in their entirety, except for the Exhibits attached thereto or parts thereof which are specifically preserved herein, except to the extent that they may be inconsistent with this amendment, and simultaneously substituting therefor the following:

DECLARATION OF CONDOMINIUM

FOR

RIVERBEND EAST CONDOMINIUM

HYATT & RHOADS, P.C.

ATTORNEYS

2200 Peachtree Center Harris Tower 1625 I Street

Atlanta, Georgia 30303 Washington, D.C. 20006

(404) 659-6600 (202) 488-4418

MOK 427P:GE 537

- TABLE OF CONTENTS -

Page

1. NAME. . 1

2. DEFINITIONS. ..l

3. LOCATION.

4. UNITS

5. COMMON ELEMENTS .. 5

6. LIMITED COMMON ELEMENTS.

7. USE RESTRICTIONS. .. 5

8. ASSOCIATION MEMBERSHIP.

9. ADDITIONAL RIGHTS AND RESTRICTIONS. • .11

10. ASSESSMENTS. ..11

11. AMENDMENTS. ..12

12. PREPARER. .. 12

13. NOTICE OF SALE OR LEASE AND LEASE RESTRICTIONS. ..13 14. MORTGAGEES' RIGHTS. ..15

SOOK 427 PEE 527

DECLARATION OF CONDOMINIUM

FOR

RIVERBEND EAST CONDOMINIUM

Pursuant to the Georgia Condominium Act, Ga. Laws 1975, No. 463, Ga. Code Ann. Sections 85-160le, et seg., (hereinafter referred to as the "Act"), the owners of units at Riverbend East Condominium hereby amend the Declaration for the purpose of establishing Riverbend East Condominium as a residential condominium and submit the property to the Act and subject it by this Declaration to be Riverbend East Condominium.

1. NAME. The name of the Condominium is Riverbend. East Condominium, (hereinafter sometimes called "Riverbend East" or the "Condominium").

2. DEFINITIONS. Unless the context requires otherwise, the terms used herein shall be defined in the Act. In addition, as used in this Declaration, the Articles of Incorporation, the By-Laws, and the other condominium instruments, the following terms shall have the meanings ascribed to them hereinbelow, all of such definitions being cumulative of those set forth in the Act.

(a) "Act" shall mean the Georgia Condominium Act, Ga. Laws 1975, PP. 609-671, Ga. Code Ann. Ch. 85-16E.

(b) "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same now exist or may be hereafter amended.

ІЛок 427PS $27

(c) Association shall mean Riverbend East Condominium Association, Inc., a Georgia nonprofit membership corporation formed for the purpose of exercising the powers of the Association under this Declaration, the Articles of Incorporation, the By-Laws, the Act, and the Georgia Nonprofit Corporation Code.

(d) "Board of Directors" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation, the By-Laws, and the Act. The Board of Directors shall be the governing body of the Association.

(e) "By-Laws" shall mean the By-Laws of the Association, as the same now exist or may be hereafter amended.

(f) "Condominium instruments" shall mean this Declaration; the plats and plans recorded pursuant to the Act; the By-Laws of the Riverbend East Condominium Association, Inc., which accompany this Declaration and are recorded simultaneously herewith; and those instruments described as condominium instruments in the Act.

(g) "plats and plans" shall collectively mean those plats of survey made by Ben McLeroy and Associates, Professional Engineers and Surveyors, attached to the original Declaration as Exhibit Two and recorded in Condominium Plat Book 1, Page 16 (dated July 16, 1974); Condominium Plat Book 1, Page 18 (dated

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July 16, 1974); and Condominium Plat Book 1, Page 30 (dated July 1l, 1974, and revised June 18, 1974); together with those floor plans of units filed in File Number 8, Condominium Project Floor Plan File Drawer, Microfilm Room (as noted on Condominium Plans Card Number One); and any and all plats, plans, or floor plans filed simultaneously with this Declaration, all as filed in the Clarke County, Georgia Records, and all incorporated herein by this reference.

3. LOCATION. The Condominium is located in the 217th District, G. M., Clarke County, Georgia, and is more particularly described in the original Declaration in Exhibit One theré- . of. Said description is included herein as attached Exhibit One, which is by this reference incorporated herein.

4. UNITS. The property described and submitted to the Act is divided into sixty-one (61) separate condominium units, each subject to the provisions of this Declaration. Each unit consists of a dwelling and its appurtenant percentage of undivided interest in the common area as shown in Section 9 of the original Declaration, as amended. Section 9 of the original Declaration, as amended, is reproduced herein as Exhibit Two, attached hereto and by this reference incorporated herein. The percentage of undivided interest of each owner of a unit in and to the common area is the percentage that the floor space of such owner's unit bears to the total floor space of all the residential units in the Condominium, as was determined under the provisions of the original Declaration, as amended.

The units are depicted on the plats and plans, which plats and plans are incorporated herein by this reference. Except as provided in Paragraph 5 below which describes the common area, each unit includes that part of the structure which lies within the following boundaries:

(a) Horizontal (Upper and Lower): There shall be no horizontal boundaries.

(b) Vertical (Perimetric): The vertical boundaries of each unit shall be the outer unfinished surfaces (face of masonry or face of stud) of all exterior walls and the centerline of all party walls as shown on the plats and plans.

(c) All attachments to the exterior walls of a unit

which are a part thereof which protrude beyond the boundaries of the unit shall be deemed to be included within the boundaries

of the unit.

(d) All conduits, pipes, ducts, plumbing, wiring, and other facilities for the furnishing of utility services located

within the boundaries of a unit and serving only that unit shall

be a part of the unit so served. Appliances and plumbing fix-

tures within the boundaries of a unit shall be construed and in-

terpreted to be part of the unit.

(e) Any and all conduits, pipes, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to more than one unit and/or the common elements are not a part

of the unit, whether located within or without the boundaries thereof.

WINK 427PLGE 537

5. COMMON ELEMENTS. The common elements include all parts of the condominium property not located within the boundaries of a unit. The percentage of ownership owned by each unit in the common elements was shown in Section 9 of the original Declaration, as amended. Section 9 of the original Declaration, as amended, is reproduced herein as Exhibit Two, attached hereto and by this reference incorporated herein. Each unit shall have the undivided percentage interest of ownership in the common elements as depicted on Exhibit Two attached hereto.

6. LIMITED COMMON ELEMENTS. Limited common elements are as follows:

(a) The patio area serving the unit is assigned as a limited common element to the unit so served.

(b) The paved approach from the sidewalk to the unit, the front porch or stoop, and the lawn space in front of each unit are assigned as limited common elements to the unit so

served.

(c) The common walls shared by two or more units, if outside the boundary of the units so served, shall be limited common elements to the units sharing such common walls.

7. USE RESTRICTIONS. The units at Riverbend East shall be and are restricted exclusively to residential use and occupancy by one (1) family, and no business may be conducted upon the condominium property. As used herein, the words "one (1) familyiại shall mean and do mean one or more persons related

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АЛОК 42 7 PSE 517

by blood, adoption, or marriage, living and cooking together as a single housekeeping unit. A number of persons, but not exceeding two (2), living and cooking together as a single housekeeping unit, though not related by blood, adoption, or marriage, shall also be deemed to constitute one (1) family. Occupancy of a unit by any inhabitants other than one (1) family, as herein defined, is expressly prohibited. As used herein, the words "by blood shall extend to children, grandchildren, brothers and sisters, nieces and nephews, parents, uncles and aunts, and first cousins, and no other kinships. Other restrictions regarding use of units and the common elements may be adopted in accordance with the terms hereof and as specified in the By-Laws by the Board of Directors. Additionally, restrictions regarding use of units and the common elements are as follows:

(a) No structures of a temporary character, trailer, tent, shack, carport, garage, barn, or other outbuilding shall be used as a residence on any portion of the condominium property, either temporarily or permanently.

(b) Each condominium unit shall be conveyed as a separately designated and legally described freehold estate subject to the terms, conditions, and provisions hereof and of the Georgia Condominium Act.

(c) No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any part of the condominium

property, except that no more than a total of two (2) dogs, cats, or other household pets may be kept by an owner in his or her respective unit, provided that they are not kept, bred, or maintained for any commercial purpose and do not endanger the health or unreasonably disturb the owner of any units or any resident thereof. Notwithstanding this provision, no pet enclosures shall be erected, placed, or permitted to remain on any property subjected to this Declaration. The keeping of pets and their ingress, egress, and travel upon the common elements shall be subject to such rules and regulations as may be issued by the Board of Directors. If any owner or occupant fails to . abide by the rules and regulations and/or covenants applicable to pets, the Board of Directors may bar such pet from use or travel upon the common area or subject such use or travel to a user fee.

(d) No advertising signs (except one of not more than five (5) square feet "For Rent" or "For Sale* sign per unit placed only inside the enclosed unit), billboards, unsightly objects, or nuisances shall be erected, placed, or permitted to remain on the property subject to this Declaration, nor shall such property be used in any way for any purpose which may endanger the health or unreasonably disturb the owner of any unit or resident thereof.

(e) All rubbish, trash, and garbage shall be regularly removed from the premises and shall not be allowed to accumulate

thereon. If trash dumpsters are used to facilitate trash, rubbish, and garbage removal, all such trash, rubbish, and garbage shall be placed therein for removal from the premises.

(f) Except in the limited common element patio appurtenant to a unit, no planting or gardening shall be done, and no fences, hedges, or walls shall be erected or maintained upon the property subjected hereto, except such as have been installed in accordance with the initial construction of the buildings located thereon or as approved by the Association's Board of Directors or their designated representatives. Except for the right of ingress and egress, the owners of units are hereby prohibited and restricted from using any of the property subject to this Declaration outside of their respective units, except as may be allowed by the Association's Board of Directors. It is expressly acknowledged and agreed by all parties concerned that this paragraph is for the mutual benefit of all owners in the development and is necessary for the protection of said owners.

(g) An owner shall do no act nor any work that will impair the structural soundness or integrity of another unit or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other units or their owners, other than as elsewhere may herein be authorized. No vehicle repairs, other than of an emergency nature necessary to remove a vehicle from the premises, shall be permitted on the property subject to this Declaration.

(h) Without the prior written approval and authorization of the Board of Directors, no exterior television or radio antennas of any sort shall be placed, allowed, or maintained upon any portion of the improvements located upon the property subject to this Declaration nor upon any structure situated upon said property, other than, in the discretion of the Board of Directors, an aerial for a master antenna system, should any such master system or systems be utilized and require any such exterior antenna.

(i) No owner or occupant of a unit may use or allow the use of the unit or any portion of the Condominium in such a.

way as unreasonably to annoy other owners or occupants of a por-

tion of the Condominium or as to constitute, in the sole discretion of the Board of Directors, a nuisance. Nothing herein, however, shall be construed to affect the rights of an aggrieved homeowner to proceed individually for relief from interference with his or her property or personal rights.

(j) No boats, boat trailers, campers, vehicles used primarily for recreational purposes, vehicles primarily used for commercial purposes, or vehicles with commercial writings on their exteriors shall be stored, allowed to remain, or continuously parked on the property subject to this Declaration, except in an area, if any, designated by the Board of Directors. The Association is expressly authorized to remove, by towing or other methods, any unlawful or restricted vehicles from the property subject to this Declaration.

(k) No clotheslines shall be permitted on the condominium property, unless approved by the Board of Directors. All equipment, garbage cans, wood piles, and storage piles shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring units, the parking areas, and streets. All such equipment, garbage cans, wood piles, and storage piles shall, however, only be permissible on the limited common element patio appurtenant to a unit.

(1) Use restrictions and rules and regulations may be enforced by the imposition of reasonable monetary fines and suspensions of use and voting privileges as provided in Section 13. of the Act. These powers, however, shall not be construed as limting any other legal means of enforcing the use restrictions or rules and regulations of the Association. Any fines so imposed shall be considered an assessment against the unit and may be collected in the manner provided for collection of other assessments.

8. ASSOCIATION MEMBERSHIP. All unit owners, by virtue of their ownership of a unit in the Condominium, are members of the Riverbend East Condominium Association, Inc., and shall be entitled to vote on all matters upon which members of the Association are entitled to vote pursuant to the Declaration and in accordance with the By-Laws. Subject to the provisions of the condominium instruments, such owners shall be entitled to one (1) vote for each unit in which they hold the interest required

for membership, and each unit is allocated a vote weighted in accordance with a unit's percentage interest shown on attached Exhibit Two.

9. ADDITIONAL RIGHTS AND RESTRICTIONS. In addition to the restriction above, the Association, in accordance with the By-Laws, shall have the right to make and to enforce reasonable rules and regulations governing the use of the Condominium, including the units and the common elements. The Association shall have the right to enter into units for emergency, security, and safety, which right may be exercised by the Association's Board of Directors, officers, agents, employees, ' managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the homeowner. It is intended that this right of entry shall include and this right of entry shall include the right of the Association to enter a unit to cure any condition which may increase the possibility of a fire or other damage in the Condominium in the event an owner fails or refuses to cure the condition upon request by the Board.

10. ASSESSMENTS. The Association shall have the power to impose assessments which shall be apportioned among the owners in accordance with the percentage interest in the common areas appurtenant to the unit, which assessments are the personal obligation of the owner against whom they are assessed and

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are a lien against the unit. The obligation and the lien for assessment shall also include a late or delinquency charge in the amount of the greater of Ten ($10.00) Dollars or ten (10%) percent of the amount of each assessment or installment not paid when due; interest on each assessment or installment not paid when due and on any delinquency fee or late charge apper-. taining thereto from the date the charge was first due and payable at the rate of eight (8%) percent per annum; the cost of collection, including court costs, the expenses of sale, any expense required for the protection and preservation of the unit, and reasonable attorney's fees actually incurred; and the. fair rental value of the unit from the time of institution of suit until the sale at foreclosure.

11. AMENDMENTS. This Declaration may be amended by the affirmative vote, written consent, or any combination of affirmative vote and written consent of the members of the Association holding two-thirds (2/3) of the total votes thereof. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. No amendment shall be effective until a certified copy is filed in the Office of the Clerk of the Superior Court of Clarke County, Georgia.

12. PREPARER. This Declaration was prepared by James J. Scavo of Hyatt & Rhoads, P.C., 2200 Peachtree Center Harris Tower, 233 Peachtree Street, N.E., Atlanta, Gcorgia, 30303.

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13. NOTICE OF SALE OR LEASE AND LEASE RESTRICTIONS. (a) Notice Provisions. Any owner who sells or who leases his or her unit shall give notice in writing to the Board of Directors of such sale or of such lease stating the name and address of the purchaser or lessee and such other information as the Board may reasonably require. The Board of Directors shall have authority to make and to enforce reasonable rules and regulations in order to enforce this provision, including the right to impose fines constituting a lien upon the unit sold or leased, pursuant to Section 41 of the Georgia Condominium Act; provided, however, no rule or regulation may create a . right of first refusal in the Association or any other third party, this paragraph solely creating the obligation of an owner to give notice of sale or lease. Notice, as required herein, shall be given, in the case of a lease, not later than fifteen (15) days before commencement of the lease or, in the case of a sale, at least fifteen (15) days before the date of the closing of the sale.

(b) Leasing Provisions. Units may be rented only in their entirety; no fraction or portion may be rented. There shall be no subleasing of units or assignment of leases. No transient tenants may be accommodated in a unit. All leases and lessees are subject to the provisions of the condominium instruments and rules and regulations adopted pursuant thereto. Other than units owned by a first mortgagee who has come into possession or title to a unit through its remedies, as contained in a

first mortgage or a deed in lieu of such remedies, all rentals must be for a term of no less than one (1) year. The unit owner must make available to the tenant copies of the Declaration, By-Laws, and rules and regulations.

Any lease of a unit in the Condominium shall be deemed to contain the following provisions, whether or not expressly therein stated, and each owner covenants and agrees that any lease of a unit shall contain the following language and agrees that if such language is not expressly contained therein, then, such language shall be incorporated into a lease by existence of this covenant on the unit. Any lessee, by occupancy of a unit, agrees to the applicability of this covenant and incorporation of this covenant and the following language into the lease:

(i) Lessee/tenant agrees to abide by and comply with all provisions of the Declaration, By-Laws, and rules and regulations, and agrees to be personally obligated for the payment of all assessments which become due during the terms of tenant's lease or as a consequence of tenant's activities, including, but not limited to, activities which violate provisions of the Act, the Declaration, By-Laws, or the rules and regulations. The above provision shall not be construed to release the unit owner from any obligation, including the obligation for assessments for which he or she would otherwise be responsible.

(ii) Any violation of the Declaration, By-Laws, or rules and regulations is deemed to be a violation of the

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terms of the lease and authorizes the owner/lessor to terminate the lease without liability and to evict the lessee/tenant in accordance with Georgia law. In the event of a violation of the Declaration, By-Laws, or rules and regulations of the Association by the lessee/tenant, the owner shall, upon written demand nade by the Riverbend East Condominium Association, Inc., evict his or her lessee/tenant. A failure of an owner to abide by this provision shall be deemed a violation of the Declaration.

(iii) Any lessee/tenant charged with a violation of the Declaration, By-Laws, or rules and regulations is entitled to the same procedure to which the owner is entitled,. as provided in Article VIII, Section 2, of the By-Laws.

(c) Any unit owner or person having executed a contract for the purchase of a condominium unit requesting a recordable statement certifying to the receipt by the Association of the notice specified in subparagraph (a) of this section or the waiver of the Association's right to receive such a notice shall be furnished such a statement. Any such statement shall be binding on the Association and every unit owner. Payment of a fee not exceeding Twenty-Five ($25.00) Dollars may be required as a prerequisite to the issuance of such.a statement.

14. MORTGAGEES' RIGHTS. Unless at least two-thirds (2/3) of the first mortgagees and unit owners give their consent, the Association or the membership shall not:

(a) by act or omission seek to abandon or terminate the condominium project;

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(b) change the pro rata interest or obligations of any individual condominium unit for the purpose of (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condominium awards; or (ii) determining the pro rata share of ownership of each.condominium unit in the common elements;

(c) partition or subdivide any condominium unit; (d) by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the common elements (the granting of easements for public utilities or for other public purposes consistent with the intended use of the common elements

by the condominium project or architectural changes, as authorized herein, shall not be deemed a transfer within the meaning of this clause; or

(e) use hazard insurance proceeds for losses to any condominium property (whether to units or common elements) for other than the repair, replacement, or reconstruction of such condominium property.

[CONTINUED]

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IN WITNESS WHEREOF, the undersigned officers of the Riverbend East Condominium Association, Inc., hereby certify that the above Amendment to the Declaration and the following Amendment to the By-Laws was duly adopted by the Association and its membership pursuant to the Declaration and By-Laws of the Condominium and the Association.

This 27th day of August • 1981.

RIVERBEND EAST CONDOMINIUM ASSOCIATION, INC.

President

Attest:

Secretary

Sworn to and subscribed

before me this 27th day

of August 1981.

NOTARY PUBLIC

TOTARY

1072

EXHIBIT ONE

DESCRIPTION OF PROPERTY

TRACT I: All that tract or parcel of land lying and being in the 217th District, G.M., Clarke County, Georgia, containing 4.030 acres and being more particularly described as follows: Beginning at a point on the southwest side of Riverbend Parkway, said point being situated 581.90 feet southeast of an iron pin (as measured along the westerly side of said Parkway), said iron pin being situated south 1l degrees east 2186.6 feet the intersection of the south right of way of Service Road and centerline of the southbound lane of Riverbend Parkway. From said beginning point running thence along the southwesterly side of Riverbend Parkway south 36 degrees 19 minutes east 198.3 feet to an 1ron pin; running thence south 73 degrees 53 minutes west 69.3 feet to an iron pin; running thence south 31 degrees 57 minutes west 443 feet to an iron pin; running thence north 58 degrees 03 minutes west 271.6 feet to an iron pin; • running thence north 24 degrees 10 minutes east 127 feet to an iron pin; running thence north 16 degrees 56 minutes west 180.6 feet to an iron pin; running thence north 73 degrees 04 minutes east 190 feet to a point; running thence north 16 degrees 56 minutes west 40 feet to a point; running thence north 73 degrees 04 minutes east 227.3 feet to the beginning point; The above described property is more particularly shown according to a plat by Ben McLeroy & Associates dated March o, 1973, Nood Stone Area I The enteried "survey for Riverbend East The property described above being 1dentified on said plat as "Parcel A-2 - 4.030 Acres," said plat being recorded in Plat Book 14, page 156, in the Office of the Clerk of the Superior Court of Clarke County, Georgia, to which reference is hereby made for a more detailed description of the property.

TRACT II: All that tract or parcel of land lying and being in the 217th District, G.M., Clarke County, Georgia, containing 3.352 acres and being more particularly described as follows: Beginning at an iron pin on the southwest side of Riverbend Parkway, said iron pin being situated south 15 degrees 22 minutes east 3,380.8 feet from the intersection of the south right of way of Service Road and centerline of southbound lane of Riverbend Parkway; running thence along the southwesterly side of Riverbend Parkway south 36 degrees 30 minutes east 398.5 feet to a point; running thence south 30 degrees 32 minues west 240 feet to a point; running thence south 17 degrees 07 minutes east 154 feet to a point; running thence south 40 degrees 38 minutes west 150 feet to a point; running thence north 49 degrees 22 minutes west 82 feet to an iron pin; running thence north 26 degrees 07 minutes west 251 feet to an iron pin; running thence north 12 degrees 10 minutes east 520.8 feet to the beginning point and iron pin;

12 maz 537 18

The above described property is more particularly shown according to a plat by Ben McLeroy & Associates dated March 8, 1973, as revised April 12, 1973, entitled "Survey for Riverbend East Fairview VII-Area 7." The property described above being iden-

TRACT III: All that tract or parcel of land lying and being in che 217th District, G.M., Clarke County, Georgia, containing .149 acres particularly shown on plat entitled "Survey for Riverbend East Community Center Site" made June 13, 1974, by Ben McLeroy & Associates, Engineers and Surveyors, recorded in Plat Book 15, page 30, in the Office of the Clerk of Superior Court of Clarke County, Georgia, and more particularly described as follows:

Beginning at an iron pin on the northeasterly side of Riverbend Parkway, said iron pin being 3771.8 feet southerly of the south' right of way of the Service Road on the southerly side of the proposed Athens South By-Pass as measured along and around the easterly and northeasterly side of said Riverbend Parkway; running thence south 52 degrees 12 minutes east 414.7 feet to an iron pin hereinafter referred to as iron pin "A"; continuing thence north 52 degrees 12 minutes east 30.0 feet to the west bank of the North Oconee River; running thence in a southerly and southeasterly direction along and around the westerly and southwesterly bank of said North Oconee River (said bank being the property line) to a point located more definitely by the courses and distances hereinafter fiven; running thence south 18 degrees 41 minutes west 25.0 feet to a iron pin herein referred to iron pin "B", the surveyor's reference courses and distances between iron pin "A" and iron pin "B" being south 17 degrees 03 minutes east 104.5 feet to an iron pin and thence south 68 degrees 04 minutes east 190.2 feet to said iron pin "B"; continuing thence south 18 degrees 41 minutes west 61.8 feet to an iron pin; running thence south 31 degrees 27 minutes west 266.9 feet to an iron pin; running thence south ? degrees 12 minutes west 221.1 feet to an iron pin on the northeasterly side of said Riverbend Parkway; running thence in a northwesterly direction around the northeasterly side of said Riverbend Be inutes est 81 return there northwestthe chord thereof being north 58 deerly direction around the northeasterly side of said Riverbend Parkway to an iron pin, the chord thereof being north 43 degrees 06 minutes west 77.6 feet; running thence north 36 degrees 18 minutes west 415.3 feet along the northeasterly side of said Riverbend Parkway to the beginning iron pin;

(Page Two, Exhibit One)

A 427027

EXHIBIT TWO

UNIDIVIDED PERCENTAGE INTEREST

A . The approximate floor space and the voting percentage and percentage of common area assigned to each unit in the Woodstone Area 1s as follows:

Voting Percentage and Percentage of Common Building and Unit No. Floor Space Area Owned

A - 151 2314 2.2

A - 153 2043 1.9

A - 155 1931 1.8

A - 157 2314 2.2

B - 159 1931 1.8

B - 161 1931 1.8

B - 163 2043 1.9

B - 165îŚ 2273 2.1

B - 167 2043 1.9

B - 169 1931 1.9

B 171 2415 2.2

C - 166 2314 2.2

- 168 2464 2.2

D - 170 1501 1.4

D - 172 1297 1.2

D - 174 1605 1.5

D - 176śł 1411 1.3

D - 17Ś 1605 1.5

D 180 1883 1.7

- 181 1501 1.4

- 183 1611 1.4

- 185 1605 1.4

187 1297 1.2

E - 189 2314 2.2

F - 191 2464 2.2

F - 193 2273 2.1

F - 195 2314 2.2

F - 197 1883 1.7

F - 199 1501 1.4

The approximately floor space and the voting, percentage and percentage of common area assigned to each unit in the Fernbanks area is as follows:

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Voting Percentage and Percentage of Common Building and Unit No. Floor Space Area Owned

A - 100 2047 1.9

A - 102 1627 1.5

A - 104 1627 1.5

A - 106 2069 2.0

A - 108 2069 2.0

A - 110 1627 1.5

B - 120 1820 1.7

B - 122 1627 1.5

B 124 1820 1.7

B 126 1820 1.7

B - 128 1096 1.0

B - 130 1409

B - 132 1240

B - 134 1240 1.1

C 129 1672 1.6

: - 131 1672 1.6

C - 133 1820 1.7

C - 135 1820 1.7

C - 137 1820 1.7

C - 139 1820 1.7

C 141 1820 1.7

D - 150 2069 2.0

D - 152 1627 1.5

D - 154 2047 1.9

D - 156 1627 1.5

158 1096 1.0

160 1409 1.3

E 162 1240 1.1

164 1240

E 166 1409

E - 168 1240

E - 170 1240 1.1

21 (Page Two, Exhibit Two)

BACK 1270E27

CONSENT OF OWNER

The undersigned owner of a unit at Riverbend East Condominium hereby consents to and votes in favor of the Amended and Restated Declaration of Condominium for Riverbend East

Condominium and the By-Laws attached thereto.

This day of 1981.

Signed, sealed and delivered

in the presence of:

WITNESS NAME

Unit No.

NOTARY PUBLIC

Please Print Name