Covenants
DEED RECORD NO. 305, CLARKE COUNTY, GA.
DECLARATION OF PROTECTIVE COVENANTS
WESTGATE PARK SUBDIVISION, ETAL
DECLARATION OF PROTECTIVE COVENANTS
• WESTGATE PARK SUBDIVISION
STATE OF GEORGIA
COUNTY OF CLARKE
THIS DECLARATION OF PROTECTIVE COVENANTS, made
and published this day of May, 1968, by and between the following
parties who are residents of Clarke County, Georgia:
Westgate Development Corporation R. Lane Nicholson
J. M. Smoke Gary L. Pleger
John Wilmont Thomas E. Richards
Carl Frederick Kossack Edward D. Sokol
Elizabeth Ayres Kossack Joann P. Sokol
Joe M. Whittemore Hans J. Guenther
Bert O. Richmond Ilse H. Guenther
Wilma Kay Copeland Richmond Lloyd J. Neurauter
R. L. Stone, Jr Ruth L. Neurauter
WITNESSETH
THAT, WHEREAS, said parties are the owners of Section II
of the subdivision known as Westgate Park consisting of those certain
lots as shown on a plat of said Subdivision by Ben McLeroy, Registered
Surveyor, dated August 3, 1965, and recorded in the Office of the Clerk
of the Superior Court of Clarke County, Georgia, in Plat Book 10,
Page 17.
WHEREAS, it is to the interest, benefit and advantage of the
owners 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 same 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 owners and each and every subse-
quent owner of any of the lots in said subdivision, said owners do
hereby set up, establish, promulgate and declare the following
305/443
DEED RECURD NO. 305, CLANKE COUNTY, GA.
protective covenants to apply to all of said lots and to all persons owning said lots, or any of them, hereafter; these protective covenants shall become effective immediately and run with the land and shall be binding
on all persons claiming under and through said owners until October 1,
1988, at which time said covenants may be extended or terminated in
whole or in part as hereinafter provided, to-wit:
1. LAND USE AND BUILDING TYPE. Said tract of land must
be used for residential purposes only and the tract of land conveyed hereby is sold as and shall be used as a single residential lot. No struc-
ture shall be erected, altered, placed or permitted to remain on said tract of land hereby conveyed other than one detached single family dwelling not to exceed two and one-half stories in height, constructed and maintained for the use and occupancy of a single family unit and private garage for not more than 3 cars and other outbuilding customarily used in connection with and incidental to a single family dwelling.
DWELLING COST, QUALITY AND SIZE. No dwelling shall be permitted on any lot at a cost of less than $17, 500. 00 based upon cost levels prevailing on the date these covenants. recorded, it being the intention and purpose of the covenants to assure that 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. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall not be less than 1600 square feet, in the case of a one-story structure nor less than 1000 square feet, In the case of a one and one-half, two or two and one-half story structurer
3. BUILDING LOCATION. No building shall be located on any lot nearer to the front lot line or heare to the side street line than
DEED RECORD NO. 305, CLARKE COUNTY, GA.
the minimum building set-back lines shown on the recorded plat. In any event, no building situated on an interior lot shall be located nearer than 30 feet to the front lot line or nearer than 15 feet to an interior lot line: No building located on a corner lot shall be located nearer to the streets than setback lines shown on recorded plat. For the purposes of this covenant, steps, carports and open porches shall be considered as a part of a building.
LOT AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width of less than 90 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 20, 000 square feet.
EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded
NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
TEMPORARY STRUCTURES, No structure of a temporary characteri trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.
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 in of not more than five square feet advertising the property rent, or signs used by a builder to advertise the property during the construction and sale period.
OIL AND MINING OPERATIONS. No oil drilling, oil deve lopment operations, oil refining, quarrying or mining operations of any a permitted upon or in any lot, hor shall oil wells, tanks,
446 DEED, RECORD NO: 305, CLARKE COUNTY, GA.
tunnels, mineral excavations or shafts be permitted upon any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
10. LIVESTOCK 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 that they are not kept, bred or maintained for any commercial purpose. Such pets shall not be permitted to go unleashed except in a fenced enclosure.
11. GARBAGE AND REFUSE DISPOSAL. No lot shail be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Ail buildings will be required to have an operative garbage grinding unit
12. Sewage Disposal. No individual sewage-disposal system shall be permitted on any lot,
13 SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to Femain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, such points being 25 feet from the intersection of the street property lines extended, The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line
with the edge of a driveway.
14r TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a perlod of twenty (20) years from the da le covenants are re corded, after which time sald covenar be automatically
'DEED RECORD NO. 305, CLARKE COUNTY, GA.
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.
15, ENFORCEMENT. Enforcement shall be by 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.
16. SEVERABILITY, Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other pro-
visions which shall remain in full force and effect.
IN WITNESS WHEREOF, said Westgate Development Corpo-
ration by and through its duly authorized and constituted officers, caused these presents to be executed and its corporate seal to be hereunto af-
fixed on the day and year first above written.
WESTGATE DEVELOPMENT CORPORATION By Ru Yesen Sun ATTEST Suite MiKehelesse Sie.
Signed, sealed and delivered
in the presence of:
Nicholon
m Mastery
Notary Public, Clarke County, Georgia
My Commission Expires Jan. 23, 1972
" DEER RECORD NO, 305 " CLARKE COUNTY, GA
Signed, sealed and delivered
in the presence of:
oil M. Achahon
egla
My Commission Expires Jan. 19, 1969 Notary Public, Clarke County, Geo
Richards
Signed, sealed and delivered
in the presence of:
Pula 2i Aichaleon
william chillips
ty Commission-Expires Jan. 19, 1 otary Public, Clarke County, Georg
Alward DSokol
Edward D. Sokol
Jeann P. Sokol
Joann P. Sokol
Signed, sealed and delivered
in the presence of:
Leila Do Michelion
Welliam Riseddess
Notary Pablic, Clarke County, Geargi
My Commission Expires Jan. 19, 1969 Menta
Coust
Hans JV Guehther
Stse . 1. unnee se i
Signed, sealed and delivered
in the presence of:
Lula M. Zachilion
widsam Sheddiss
otary Public, Clarke County, Georgi
x Commission Expires Jan. 19, 196
Ruth
Ruth i
Signed sealed and delive
In the
Filed in Office July 16, 1968 at 12:05 P.M. Recorded July 1Cierk. 1968
King Crawford,
DECLARATION OF PROTECTIVE COVENANTS WESTGATE PARK SUBDIVISION
STATE OF GEORGIA Fra 5 11:31'50 COUNTY OF CLARKE 992
the subdivision known as Westgate Park and who are residents of Clarke County, Georgia.
WITNESSETH,
said parties are owners of certain lots in Sectie of said suburvision by Ben weleroy, delated surveyer, and recorded in the Office of the Clerk of Registered Surveyor, 17; and dated August 3, 1968 clarke County, Georgia, in Plat Book 10, page the Superior Court of
WHEREAS, it is to the interest, benefit and advantage of the . any lot and to each and every person who shall hereafter purchase shown atoresaid plat that covenants governing and regulating the use and occupancy of the certain protective established, set forth and declared to be covenants running with the laow THEREFORE, for and in consideration of the premis svand of the benefit subsequent' owner of such subdivision lots, said owners do hereby set up, establish, promuigate and declare the following protective covenants to apply to all of the said lots lots, and to all persons these protective venes shall become effective mediately and to with the tand owners until Februay 5. and shall be binding on all persons claiming under and through said wit: -, 2010, as hereinafter provided, to-
1. LAND USE AND BUILDING TYPE. The undeveloped lots as shown on said plats must be used for residential purposes only, unless be sold as and shall be reserved for public or private access, and any lots conveyed shall used as a single residential lot. No structure shall be erected, altered, placed or permitted to remain on any said lot other than one detached and maintained for the use and occupancy of a single unit and private garage for not more than 3 cars and other outbuilding customarily used in connection with and incidental to a single family dwelling. a lot adjoining the lot upon which said owner resides or otherwise Any lot owner owning outbuilding on such adjoining lot as if such lot contained the main residential dwelling shall be permitted to construct an separately any such outbuilding shall be removed at the expense of dwelling, provided that if such adjoining lot is sold the lot owner. 2.
DWELLING COST, QUALITY AND SIZE. No dwelling shall be $80,000.00 based on market values prevailing on permitted to be constructed on any lot at a market value less thar intention and purpose of the the date these covenants to assure 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 the minimum cost dwelling size. stated herein for the minimum permitted dwelling to be constructed on any lot, exclusive of one-story open The ground floor area of the main structure of any porches and garages, shall not be less than 2000 square feet in the case of a one the case of a one
structure. However, any one and one-half story structure shall not De less than 2000 totai square feet. No log cabin nor log-cabin facade shall be permitted to be constructed on any lot, nor shall any underground home be permitted to be constructed on any lot.
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No modular nor manufactured homes shall be placed on any lot. exterior of dwellings shall be The the date construction begins. completed within twelve months of shall be stained or painted unless prefinished. Exterior surface of wood and stucco
3. BUILDING LOCATION. No building shall be located on any lot nearer to the front lot line or nearer on the side street line seer than to tad touch front to or noser than 1s fee an interior lot shall be to an interior lot lin the front! lot line or nearer than 15 feet be located nearer to No building located on a corner lot shall recorded plat. streets than setback lines shown on
For the purposes of this covenant, steps, carports and open porches shall be considered as a part of a building. structure Any existing at the time these covenants are recorded with a set-back less than the minimum stated herein shall be deemed to
LOT AREA AND WIDE width No dwelling shall be erected or any lot having less than 90 feet the minimum building set-back line or shall any dwelling be erected or placed on any lot having an area of less than 20,000 square feet. NUISANCES.
No noxious or oifensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. TEMPORARY STRUCTURES. character, trailer structure temporary outbuilding shall be used on any basement, tentiot at any time as a residence shack, garage, barn, or other either temporarily or permanently kind shall be displayed to the No sign of any
7' view on any lot except one professional sign of not more advertising than one square foot, one sign of not more than five square feet the property builder to advertise the property during the construction and sale or signs "used by period. OIL AND MACHINE OPERATIONS.
operations of operations, development oil refining No oil drillin mining oil any kind shall be permitted upon or in any lot, noi quarrying shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon any lot. for use in boring for oil No derrick or other structure designed or maintained or permitted upon any lot. natural gas shall be erected,
9. LIVESTOCK AND POULTRY. No animals, livestock, or poultry are not kept, bred or maintained for any commercial purpose. unleashed except in a fenced enclosure. pets, excepting common domestic cats, shall not be permitted to go
10. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish, trash,
other waste shall not be kept except in sanitary containers. other equipment for the storage or disposal of such material shall be kept SEE Disposantary foividual sewage-disposal system SEWAGE DISPOSAL. shall be permitted on any lot
SIGHT DISTANCE AT INTERSECTION.
2 a we pet above the rosay shall to placed of pem ted do tom the intersection of the cor Lin on in the case be a street property line the street lines, or in the case of corner, points being feet from the line limitations shall apply on he tation at appy ernes ten ofeet from the The same sight intersection of a street property line with the edge of a driveway be binding These covenants are to run with the land and shall a pericd Ton all parties and all persons claiming under then for recorded. of twenty (20) years from the date these covenants are
WOOK 992 PAGE 280
ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person violating or attempting to violate any covenant either to restrain violation or to recover damages.
15. SEVERABILITY. Invalidation of any one of these coveñants by judgment or court order of shall in no wise affect any the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the said parties have executed and the said Westgate Development Corporation by and through its duly authorized and constituted officers, executed and its corporate seal to be hereunto affixed, caused these presents to be the day and year first above written. all on
WESTGATE DEVELOPMENT CORPORATION
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the presence of:
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BINGS 002 PAGE 281
No modular nor manufactured homes shall be placed on any lot. exterior of dwellings shall be completed within twelve months the date construction begins. Exterior surface of wood and stucco STATE OF GEORGIA FE8 5 11-9M1°S0 shall be stained or painted unless prefinished.
3. BUILDING LOCATION. No building shall be located on any COUNTY OF CLARKE lot nearer to the front lot line or nearer on the side street line ot hear minimum set-back lines shown on the recorded plae located event, no building situated on an interior lot shall be
than 30 feet to the front lot line or nearer than 15 feet
No building located on a corner lot shall than setback lines shown Clarke County, Georgia. recorded plat. For the purposes of this covenant, steps, carports nd open porches shall be considered as a part of a building. Any structure existing at the time these covenants are recorded with be in conformity with these covenants.
No dwelling shall be erected or as shown on
dated August 3, 1968, office te the clerk re
the Superior Court of Clarke No noxious or offensive activity shall be 17; and
any lot shown on the STRUCTURES. of a temporary covenants that certain protective
utbuilding shall be used on any lot at any time as a residence the NOW THEREFORE, fox and in consideration of the prands a and of the benefit
derived by
subsequent owner of such subdivision lots, said owners do hereby advertising the property for sale or rent,
covenants set up, establish, promulgate and declare the following protective builder to advertise the property during the construction and sale to apply to all of the said lots and to all persons period.
owning said lots, or any of them, hereafter; these protective OIL AND MACHINE OPERATIONS. NO oil drilling, oil covenants shall become effective immediately and run with the land 8. mining operations of any kind shall be permitted upon or in any lon, nor development operations, quarrying and shall be binding on all persons claiming under and through said owners until
Febusy 5, 2010, as hereinafter provided, toshall oil wells, tanks, tunnels, mineral excavations or shafts be WIE: I. permitted upon any lot. No derrick or other structure designed
LAND USE AND BUILDING TYPE. The undeveloped lots as shown in boring for oil or natural gas shall be erected, on said plats must be used for residential purposes only, unless
be reserved for public or private access single Yesidential lot. sold as and shall be used as a and any lots conveyed shall of any and his be fat died, i get on the 100k, e that LIVESTOCK AND POULTRY. structure shall be erected, altered, placed or permitted to remain cats or other household pets may be kept provided that they on any said lot other than one detached and maintained for the use see receptiny common comestic cala, Shall not se permitted to go and occupancy of a single unit and private garage for not more than
3 cars and other outbuilding customarily used in connection with unleashed except in a fenced enclosure.
and incidental to a single family dwelling. Any lot owner owning 10. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or a lot adjoining the lot upon which said owner resides or otherwise maintained as a dumping around for rubbish, trash,
owns a residential dwelling shall be permitted to construct an other waste shall not be kept except in sanitary containers. outbuilding on such adjoining lot as if such lot contained the main residential other equipment for the storage or disposal of such material shali dwelling, provided that if such adjoining lot is sold be kept in a clean and sanitary condition.
separately any such outbuilding shall be removed at the expense of No individual sewage-disposal system the lot owner.
2. DWELLING COST, QUALITY AND SIZE. No dwelling shall be
permitted to be constructed on any lot at a market value less than or ship plane us signines at fervate been $80,000.00 based on market values prevailing on the date these
covenants are recorded, it being the intention and purpose of the
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 the the at minimum cost stated herein for the minimum permitted intersection of the street property lines extended. The same sight dwelling size. The ground floor area of the main structure of any line limitations shall apply on any lot within 10 feet from the dwelling to be constructed on any lot, exclusive of one-story open intersection of a street property line with the edge of a driveway. porches and garages, shall not be less than 2000 square feet in the TERM. These covenants are to run with the land and shaii the case of case of a one story structure, not less than 1200 square feet in
a one and one-half, two or two and one-half story period of twenty (20) years from the date these covenants structure. However, any one and one-half story structure shall not recorded.
be less than 2000 total square feet.
any unabraround home to permite ne to contric at on any tal any underground
01955
1000
14. ENFORCEMENT. Enforcement shall be by proceedings
violate any covenant either to restrain violation or to recover at law or in equity against any person violating or attempting to
damages. 15. Gael lee with Con
SEVERABILITY. Invalidation of any one of igned, sealed and delivered
effect. the other provisions which shall remain
IN WITNESS WHEREOF, the said parties have executed and Mam B. Plegen
the said Westgate Development Corporation by authorized and constituted officers, and through its duly
executed and its corporate seal to be hereunto affixed, caused these presents to be
the day and year first above written. My Conse Cape Care is Toas Normal, use O Star
WESTGATE DEVELOPMENT CORPORATION med, sealed and delivered
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* Charless 9. Richards 14. ENFORCEMENT. Enforcement shall be by proceedings t law or in equity against any person violating or attempting to 'Signed, sealed and delivered iolate any covenant either to restrain violation or to recover 'in. the presence of: damages. Invalidation of any
SEVERABILITY.
Lunger M. Santon covenants by Judgment or court order rehe other provisions which shall remain in tull force and
5. assu effect.
/ Public commiostn expires: d/15/ IN WITNESS WHEREOF, the said parties have executed and he said Westgate Development Corporation by and through its duly
Signed, sealed and delivered
in the presence of:
WESTGATE DEVELOPMENT CORPORATION
Notary Publia
Signed, sealed and delivered mean Roame Helder in the presence of:
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BOOK 108:3 PADE 322
Notary Public