Covenants, Phase 2
FILED IN OFFICE RUSSELL T. QUARTERMAN, P.C. CLERK SUPERIOR COURT
CLARI I COUNTY, GEORGIA 1671 Meriweather Drive, Suite 103
Bogart, GA 30622 03 MAY 14 AM 10: 34
DECLARATION OR COVENANTS, CONDITIONS, RESTRICTIONS, AND
EASEMENTS FOR HAMPTON PARK II & THE VILLAS AT HAMPTON PARK
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS FOR
HAMPTON PARK, is made this 1ồi day of January, 2002 by Hampton Park Enterprises, Inc., a Georgia
corporation (hereinafter referred to as "Declarant").
BACKGROUND STATEMENT
Declarant is now or formerly the owner of certain real property which has been, is being, or will
be developed for residential purposes, known as Hampton Park Il and The Villas at Hampton Park (lots
1,2,3,4 & 5 Block A), located in Clarke County, Georgia (hereinafter collectively referred to as the
"Development"), said real property being more particularly described on Exhibit "A" attached hereto and
made a part hereof.
Declarant intends by this Declaration to impose mutually beneficial restrictions under a general
plan of improvement for the benefit of all owners of residential property within the Development by the
recording of this Declaration and amendments thereto. Declarant desires to provide flexible and reasonable
procedures for the overall development of Hampton Park. Declarant also desires to establish a method for
the administration of the property that is now or hereafter subjected to this Declaration.
DECLARATION
The Declarant hereby declares that all of the real property described above shall be held, sold and
conveyed subject to this Declaration of Covenants, Restrictions and Easements (the "Declaration"), which
is for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property (as
hereinafter defined). The covenants, restrictions and easements set forth herein shall run with the Property,
and shall be binding on all parties having or acquiring any right, title or interest in the Property or any part
thereof, and shall, subject to the limitations herein provided, inure to the benefit of each Owner, and the
heirs, grantees, successors and assigns of such Owner.
ARTICLE I
DEFINITIONS
The following words, when used in this Declaration of Covenants, Restrictions and Easements, shall
have the following meanings:
1.01 Builder "Builder" shall mean any individual, corporation, partnership or other entity which
is engaged in the business of constructing single family residential dwellings for sale to homeowners
and to whom the Declarant sells or has sold one or more Lots for the purpose of constructing thereon a
Residence. 003043
B00K 2410PAGE 210
"Declarant" means Hampton Park Enterprises, Inc. a Georgia corporation, and shall also mean any successor-in-interest to Declarant provided that, in the instrument of conveyance to any such successor-in-interest, such successor-in-interest is specifically designated as the successor "Declarant" hereunder by the grantor named in such conveyance, which grantor shall be the holder of the rights of "Declarant" hereunder at the time of such conveyance; provided, further upon such designation of a successor Declarant, all rights and obligations of the former Declarant in and to such status as "Declarant" hereunder shall cease, it being understood that as to all of the property described in Exhibit "A" attached hereto, and which is now or hereafter subjected to this Declaration, there shall be only one person or entity entitled to exercise the rights and powers of the "Declarant"
1.03 LOt. "Lot" means any parcel of land shown upon a subdivision plat recorded in the office of the Clerk of the Superior Court of Clarke County, Georgia, covering any portion of the Property. 1.04 Occupant. "Occupant" shall mean any person occupying all of any portion of a Residence located within the Development for any period of time, regardless of whether such person is a tenant or
1.05 Owner. "Owner" means the record owner (including Declarant), whether one or more persons or entities, of a fee simple title to any Lot; provided, however, that where fee simple title has been transferred and is being held merely as security for the repayment of a loan, the person or entity who would own the Lot in fee simple if such loan were paid in full shall be considered the Owner. 1.06 Froperty. "Property' means that certain real property described on Exhibit "A" attached hereto and made a part hereof, which Property is hereby made subject to the covenants and restrictions herein set forth.
1.07 Residence. "Residence" shall mean a structure situated upon a Lot intended for independent use and occupancy as a residence for a single family. A structure and the land owned as a part thereof (the Lot) shall not become a Residence until a certificate of occupancy shall have been issued by the appropriate governmental authorities as a pre-requisite to the occupancy of such Residence and until the Lot and structure located thereon shall have been conveyed to a third party (other than a Builder) for use as a residence.
1.08 Restrictions. "Restrictions" means all restrictive covenants and related charges, liens and other obligations created or imposed by this Declaration.
1.09 Structure, "Structure" means:
(a) any thing or object, the placement of which upon any Lot may affect the appearance of such Lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, shed, greenhouse or bathhouse, coop or cage, covered or uncovered patio, swimming pool, fence, curbing, paving, wall, tree, shrub (and all other forms of landscaping), sign, temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to such Lot;
(b) any excavation, grading, fill, ditch, diversion dam or other thing or device which affects or alters the natural flow of surface waters from, upon or across any Lot, or which affects or alters the flow of any waters in any natural or artificial creek, stream, wash or drainage channel from, upon or across any Lot; and
(c) any change in the grade at any point on a Lot of more than six (6) inches, whether or not subsection (b) of this Section 1.09 applies to such change.
1.10 Survey. "Survey" means that certain boundary survey of the Property prepared for Hampton
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Park Enterprises, Inc., as recorded in Plat Book _ — Page -, in the Office of the Clerk of the Superior Court of Clarke County, Georgia.
ARTICLE JI
ARCHITECTURAL CONTROL
2.01 Architectural Control Committee - Creation and Composition. The Architectural Control Committee ( the "ACC") shall be appointed by the Declarant.
2.02 Purpose, Powers and Duties of the ACC. The purpose of the ACC is to assure that any installation, construction or alteration of any Structure on any Lot shall be submitted to the ACC for approval (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of the Development, and (ii) as to the location of Structures with respect to topography, finished ground elevation and surrounding Structures. To the extent necessary to carry out such purpose, the ACC shall have all of the powers and duties to do each and every thing necessary, suitable, convenient or proper for, or in connection with, or incidental to, the accomplishment of such purpose, including, without being limited to, the power and duty to approve or disapprove plans and specifications for any installation, construction or alteration of any Structure on any Lot. 2.03 Operations of the ACC
(a) Meetings. The ACC shall hold meetings as needed.
(b) Activities. The ACC shall adopt and promulgate the Design Standards mentioned below and shall, as required, make findings, determinations, rulings, and orders which respect to the conformity with said Design Standards of plans and specifications to be submitted for approval to the ACC pursuant to the provisions of this Declaration. The ACC shall, as required, issue permits, authorizations or approvals, which may include specified requirements or conditions, pursuant to the provisions of this Declaration. 2.04 Design Standards. The ACC shall from time to time adopt, promulgate, amend, revoke and forth on Exhibit "B" attached hereto, for the purpose of: enforce guidelines (the 'Design Standards"), which shall include, without limitation, the guidelines set 1) governing the form, content and procedure for submission of plans and specifications to be submitted to the ACC for approval pursuant to the provisions of this Declaration; establishing guidelines with respect to the approval and disapproval of design features, architectural styles, exterior colors and materials, details or construction, location and size of Declaration; and Structures and all other matters that require approval by the ACC pursuant to this iit) assuring the conformity and harmony of external design and general quality of the Development.
2.05 Submission of Plans and Specifications. No Structure shall be commenced, erected, placed, moved onto or permitted to remain on any Lot, nor shall any existing Structure upon any Lot be altered in any way which materially changes the exterior appearance of the Structure of Lot, unless plans and specifications therefore shall have been submitted to an approved in writing by the ACC. Approval of Plans and Specifications. Approval of any such plans and specifications relating to any Lot or Structure shall be final as to that Lot or Structure, and such approval may not be revoked or rescinded thereafter, provided that there has been adherence to, and compliance with, such plans and specifications, as approved, and any conditions attached to any such approval.
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2.07 Disapproval of Plans and Specifications. The ACC shall have the right to disapprove any plans and specifications submitted pursuant to this Declaration because of any of the following: the failure to include information in such plans and specifications as may have been reasonably requested;
the failure of such plans or specifications to comply with this Declaration or the Design Standards;
any other matter which, in the judgment of the ACC, would be likely to cause the proposed installation, construction or alteration of a Structure (i) to fail to be in conformity and harmony of external design and general quality with the standards for Hampton Park as set forth in the Design Standards, or (ii) as to location to be incompatible with topography, finished ground elevation and surrounding Structures. In any case in which the ACC shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based. In any such case the ACC shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal may be prepared and submitted for approval.
2.08 Obligation to Act. The ACC shall take action on any plans and specifications submitted as herein provided within fifteen (15) days after receipt thereof. Failure by the ACC to take action within fifteen (15) days of receipt of plans and specifications submitted for approval shall be deemed approval of such plans and specifications.
Inspection Rights, The ACC may, after reasonable notice, at any reasonable time, enter upon any Lot and Structure thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration.
Violations. If any Structure shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the ACC pursuant to the provisions of this Article, such erection, replacement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the ACC such violation shall have occurred, the ACC shall provide written notice to the Owner, setting forth in reasonable detail the nature of the violation and the specific action or actions required to remedy the violation. If the Owner shall not have taken reasonable steps toward the required remedial action within thirty (30) days after the delivery of the aforesaid notice of violation, then the Declarant shall have the Right of Abatement as provided in Section 5.02 hereof.
2.11 Fecs. The ACC may impose and collect a reasonable and appropriate fee to cover the cost of review of plans and of inspections. The fee shall be established from time to time by the ACC and published in the Design Standards.
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2.12 Nondiscrimination by ACC. The ACC shall not discriminate against any applicant requesting its approval of plans and specifications because of such applicant's race, color, sex, religion, age or national origin. Further, the ACC in the exercise of its powers granted pursuant to this Declaration race, color, sex, religion, age or national origin. shall not take any action the intent or effect of which is to discriminate against persons or a particular Disclaimer as to ACC approval. Plans and specifications are not reviewed for engineering or structural design or quality of materials, and by approving such plans and specifications the ACC does not assume liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. Neither Declarant nor ACC, or the agents or employees of either of them, shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any Owner of property affected by this Declaration by reason of a mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications, and every Owner of any Lot, agrees that he will not bring any action or suit against Declarant, the ACC, and/or the agents or employees of either of them, to recover any such damages and hereby releases, remises, quit-claims, and covenants not to sue for all claims, demands, and causes of action arising our any law which provides that a general release does not extend to claims, demands, and causes of action of or in connection with any judgment, negligence, or nonfeasance, and hereby waives the provisions of not known at the time the release is given.
ARTICLE III
GENERAL COVENANTS AND RESTRICTIONS
3.01 Application. The covenants and restrictions contained in this Article Ill shall pertain and apply to all Lots and to all Structures erected or placed thereon.
3.02 Restriction of Use. Lots may be used for single-family residences only and for no other purpose, provided that the Declarant may operate a sales office and/or model home on a Lot or Lots designated by Declarant. No business, fraternal, civic, or historic or religious institution or shall reside on a Lot. organization may establish headquarters or hold regular meetings on a Lot. No more than one family 3.03 Resubdivision of Property, No Lot may be split, divided, or subdivided for sale, resale, gift, transfer, or otherwise. Notwithstanding the foregoing, nothing herein shall prevent the Owner of any Lot from combining two or more Lots into one Lot for construction of a single Residence thereon; provided, however, that such combined Lot may not be subdivided thereafter; and, provided further, that the Owner of the Residence on such lot shall be responsible for annual and special assessments based upon the number of Lots combined into one Lot.
3.04 Erosion Control. No activity which may create erosion or siltation problems shall be undertaken on any Lot without the prior written approval of the ACC of plans and specifications for the prevention and control of such erosion or siltation. The ACC may, as a condition of approval of such plans and specifications, require the use of certain means of preventing and controlling such in the Design Standards of the ACC. erosion or siltation. Guidelines for the prevention and control of erosion and siltation may be included 3.05 Landscaping, All front yards of all Lots shall be sodded with Bermuda sod (or an equivalent substitute sod). 3.06 Trees. Guidelines relating to the preservation of trees and other natural resources upon the Property may be included in the Design Standards of the ACC.
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3.07 Temporary Buildings, No temporary buildings, trailers, garages or buildings under construction shall be used, temporarily or permanently, as a Residence of any Lot. Only one (1) Residence shall be permitted to be placed on a Lot.
3.08 Signs No signs whatsoever (including but not limited to commercial and similar signs) shall, without the ACC's prior written approval, be installed or maintained on any Lot, or on any portion of a Structure visible from the exterior thereof. The ACC or the Declarant shall have the right to impose a fine of $100.00 per day for an unauthorized sign, and a fine of $200.00 per day for any sign containing any message of a derogatory nature relating to Declarant and/or any Builder (it being understood and agreed that any disputes are to be handled by arbitration or in court and never posted in the subdivision). Notwithstanding the foregoing, the following signs shall be permitted:
1) such signs as may be required by legal proceedings;
il) not more than one "For Sale" sign, such sign having a maximum face area of four square feet; provided that such sigh may only be displayed in the front yard of a Lot; and, provided, further, that if, at the time of any desired use of such sign, the Development is making "For Sale" signs available for the use of Owners, the signs made available must be
i11) Directional signs for vehicular or pedestrian safety in accordance with plans and
specifications approved by the ACC.
In approving plans and specifications for any proposed structure, the ACC may establish setback requirements for the location of such Structure. Guidelines for setbacks may be included in the Design Standards of the ACC. No structure shall be erected or placed on any Lot unless its location is consistent with such setbacks.
3.10 Construction of Residences. The enclosed, heated living area (exclusive of garages, carports, porches, terraces, bulk-storage and basement) of one-story Residences shall contain not less than 1,600 square feet. The enclosed, heated living area (exclusive of garages, carports, porches, terraces, bulkstorage and basement) of two-story or split-level Residences shall contain no less than 1,800 square feet. No Residence shall be constructed exceeding three stories in height on any Lot. No window air conditioning unit may be located in any part of a Residence, and all exterior compressor units shall be ground mounted and screened so as not to be visible from the adjacent street. No exposed aboveground tanks for the storage of fuel or water or any other substance shall be located on any Lot. Concrete or cinder block shall not be used as a building material for the exposed exterior surface of any
3.11 Fences. No fence or wall of any kind shall be erected, maintained, or altered on any lot without the prior written approval of the ACC of plans and specifications for such fences or walls. Guidelines relating to the design, location and uses of fences and walls may be included in the Design Standards of the ACC.
3.12 Roads and Driveways. No road or driveway shall be constructed or altered on any Lot without the prior written approval of the ACC of plans and specifications for such road or
driveway. Guidelines relating to the design and location of roads and driveways may be included in the Design Standards of the ACC. 3.13 Antennae, Satellite Dish, Ete. No exterior television or radio antennae or satellite dish or receiver or solar equipment of any sort shall be placed, allowed or maintained upon any portion of a Structure or Lot without prior written consent of the ACC.
3.14 Clotheslines, Garbage Cans, Etc. All clotheslines, equipment, garbage cans and woodpiles shall be kept screened by adequate planting or fencing so as to conceal them from view by
neighboring Lots and streets, and may be maintained only in the rear yard of a Lot.
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3.15 Mailboxes. Only one (1) mailbox shall be located on any Lot. All mailboxes will be same design.
3.16 Maintenance. Each Owner shall keep and maintain each Lot and Structure owned by him, as well as all landscaping located thereon, in good condition and repair, including, but not limited to (i) the repairing and painting of all Structures; (ii) the seeding, watering and mowing of all lawns; and (iji) the pruning and trimming of all trees, hedges and shrubbery so that the same are not obstructive of street traffic. If in the opinion of the ACC, any Owner shall fail to perform the duties imposed by this Section, the ACC shall give written notice to the Owner to remedy the condition in question, setting forth in reasonable detail the nature of the condition and the specific action or actions needed to be taken to remedy such condition. If the Owner shall fail to take reasonable steps to remedy such condition within thirty (30) days after the mailing of said written notice, then the ACC shall have the Right of Abatement as provided in Section 5.02 hereof. Guidelines relating to the maintenance of Structures and landscaping may be included in the Design Standards of the ACC.
3.17 Commercial and Recreational Vehicles and Trailers. No commercial vehicle, bus, house trailer, mobile home, motor home, recreational vehicle, camper, truck with camper top, jet ski, boat or boat trailer or like equipment shall be permitted on any Lot on a permanent basis, but shall be allowed on a temporary basis not to exceed twenty-four (24) consecutive hours once per month. Notwithstanding the foregoing, any such vehicles or equipment may be stored on a Lot, provided such vehicle or equipment is kept in an enclosed space and is concealed from view by neighboring residences and streets. No motorized vehicles of any nature shall be permitted on pathways or on any unpaved portion of the Property intended for common use, except for public safety vehicles and vehicles authorized by the Board. No commercial vehicle, bus, house trailer, mobile home, motor home, recreational vehicle, camper truck with camper top, jet ski, boat or boat trailer or like equipment shall be permitted to be parked on the streets in the subdivision except for the limited purpose of pickup or delivery. The foregoing parking limitations shall not apply to trucks, cars, and related vehicles involved in the construction of any residence on a Lot.
3.18 Recreational Equipment. Recreational and playground equipment shall be placed or installed only within the rear yard of a Lot at a location approved by the ACC. Basketball goals may be placed adjacent to a driveway, but shall be painted white or a color which matches the primary color of the Residence on such Lot. 3.19 Non-Discrimination. No owner or person authorized to act for an Owner shall refuse to sell or rent, after receiving a bona fide offer, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny the purchase or rental of any Lot to any persons because of race, color,
Animals. No agricultural animals may be kept on any Lot and no animals may be kept on any Lot unless kept thereon solely as household pets and not for commercial purposes. No animal shall be allowed to become a nuisance. No Structure for the care, housing or confinement of any animal shall be constructed, placed or altered on any Lot unless approved by the ACC.
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3.21 Solid Waste.
(a) No person shall dump rubbish, garbage, or any other form of solid waste on any Lot; (b) Except during approved construction as approved by the appropriate governmental authority, no person shall burn rubbish, garbage, or any other form of solid waste on any Lot. No lumber, metals, bulk materials or solid waste of any kind shall be kept, stored, or allowed to accumulate on any Lot unless screened or otherwise handled in a manner set forth in the Design Standards; (d) If rubbish, garbage, or any other form of solid waste is to be disposed of by being collected on a regular and recurring basis, containers may be placed in the open on any day that a pickup is made, in order to provide access to persons making such pick-up. At all other times such containers shall be screened or enclosed in a manner set forth in the Design Standards. pick-up may also be included in the Design Standards. Guidelines relating to the type of containers permitted, the manner of storage and the place of 3.22 Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereof which may be or may become any annoyance or nuisance to the
community. No abandoned, inoperable or unlicensed vehicles shall be parked on any streets within the Development or in the front, rear or side yards of any Lot.
3.23 Marketing. Declarant shall have the right to appoint the real estate marketing firm to handle the marketing and sale of all new Lots and Residences located within the Development.
ARTICLE IV
EASEMENTS, ZONING AND OTHER RESTRICTIONS
4.01 Easements.
(a) Declarant hereby expressly reserves to the Declarant, Clarke County, or such other municipality or political subdivision as may have jurisdiction thereof, and for utility companies as may from time to time serve the Development, their respective successors and assigns forever, the right to create perpetual easements in, on, over and under any part of the Property owned by Declarant for any purpose which Declarant deems necessary, including, by way of example, and not limitation, the following:
the erection, installation, construction and maintenance of wires, lines, conduits and poles and the necessary or proper attachments in connection with the transmission of electricity, telephone, cable television cables and other utilities and similar facilities; (11) the erection, installation, construction and maintenance of storm-water drains, land drains, driveways, public gas, water and heat, and for any other public quasi-public facility, service or function;
(111) slope control purposes, including the right to grade and plant slopes and prevent the doing of any activity which might interfere with slopes or which might create and erosion or sliding problems or which might change, obstruct or retard drainage flow; (IV) the planting or re-planting of hedges, shrubbery, bushes, trees, flowers and plants of any nature.
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(b) No Owner shall have any right to use any easement created by the Declarant in, on or over Declarant. any portion of the Property unless such easement has been expressly assigned by the (c) The easements and restrictions set forth herein shall not be construed to create any obligation on the part of Declarant to provide or maintain any such utilities, drainage facilities or services.
4.02 Easement Area. The words "Easement Area" as used herein shall mean those areas on any Lot or any other portion of the Property with respect to which easements are shown on a recorded deed, easement agreement, this Declaration, on the Survey or on any other recorded map or plat relating thereto.
4.03 Entry, The Declarant and its employees, agents, successors and assigns, shall have the right at all reasonable times to enter upon all parts of each Easement Area for any of the purposes for which such Easement Area is reserved, without being deemed to have committed a trespass, provided the same is done in accordance with the provisions of this Section. The Declarant and its employees, agents, successors and assigns shall be responsible for leaving each Lot in good condition and repair following any work or activity undertaken in an Easement Area pursuant to the provisions of Section 4.01.
4.04 Zoning and Private Restrictions. None of the covenants, restrictions or easements created or imposed by this Declaration shall be construed as permitting any action prohibited by applicable zoning laws, rules or regulations of any governmental body. In the event of any conflict between such laws, rules or regulations the covenants, restrictions and easements created or imposed by Declaration, the most restrictive provisions shall govern and control.
ARTICLE Y
ENFORCEMENT
5.01 Right of Enforcement. This Declaration and the easements and restrictions contained herein shall inure to the benefit of and shall be enforceable by (i) the Declarant so long as it is an Owner, (ii) each Owner and the legal representatives, heirs, successors and assigns of such Owner.
02 Right of Abatement,
In the event of a violation or breach by any Owner of any of the Restrictions contained in this Declaration, Declarant shall have the right to give written notice by certified mail to the Owner setting forth in reasonable detail the nature of such violation or breach and the specific action needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within thirty (30) days after the mailing of said written notice, then Declarant shall have the Right of Abatement.
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(b) The Right of Abatement, as used in this Section, means the right of the Declarant, through its agents and employees, to enter at all reasonable times upon any Lot or Structure, as to which a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Owner to abate, extinguish, remove, or repair such violation, breach or other condition which may exist thereon contrary to the provisions hereof, without being deemed to have committed a trespass or wrongful act solely by reason of such entry and such actions, provided such entry and such actions are carried out in accordance with the provisions of this Section, and with the cost thereof, including the costs of collection including reasonable attorneys' fees, together with interest thereon at the lower of the highest rate permitted by law or 18% per annum, to be a binding personal obligation of such Owner enforceable in law, as well as a lien on such Owner's Lot enforceable in law. Such lien shall be superior to any and all charges, liens or encumbrances which may in any manner arise or be imposed upon the Lot after such entry whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage, deed to secure debt, or other instrument, excepting only (i) such liens for taxes or other public charges as are by applicable law made superior, and (ii) all deeds to secure debt given to secure a loan the proceeds of which are used (A) to purchase a Lot or Lots (together with any and all Structures which may from time to time be placed or located thereon) and/or (B) to finance the construction, repair or alteration of any Structure on such Lot
(c) Any sign violation shall be remedied within twenty four (24) hours of notification (regular mail, certified mail, or personal notification) or the ACC shall have the right to fine the violator $100.00 per day. The ACC shall have the right to file a lien for these fines plus attorney fees. Specific Performance, Nothing contained in this Declaration shall be deemed to affect or limit the rights of the Declarant, or any Owner to enforce the Restrictions by appropriate judicial proceedings or to recover damages. However, it is hereby declared that it may be impossible to measure accurately in money the damages which will accrue to a beneficiary hereof, its transferees, successors or assigns, by reason of a violation of, or failure to perform any of the obligations
provided by, this Declaration; and, therefore, any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions hereof. 5.04 Enforcement of Lien.
(a) If any interest, cost or other charge is not paid as required by this Declaration, the Declarant or Owners may bring either an action at law against the Owner personally obligated to pay the same, or an action to foreclose any lien created by this Declaration against the Lot or Lots subject to the lien, or both, for the purpose of collecting such cost or charge, plus any interest thereon and costs of collection, including reasonable attorneys' fee.
(b) WAIVER. TO THE FULLEST EXTENT ALLOWED BY LAW, EACH OWNER, BY ACCEPTANCE OF A DEED CONVEYING A LOT SUBJECT TO THIS DECLARATION, WAIVES ANY RIGHT WHICH OWNER MAY HAVE UNDER THE CONSTITUTION OR THE LAWS OF THE STATE OF GEORGIA OR THE CONSTITUTION OR THE LAWS OF THE UNITED STATES OF AMERICA TO NOTICE OR TO A JUDICIAL HEARING PRIOR TO THE EXERCISE OF ANY RIGHT OR REMEDY PROVIDED BY THIS DECLARATION AND OWNER WAIVES OWNER'S RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISIONS OF THIS DECLARATION ON THE GROUND (IF SUCH BE THE CASE) THAT THE SALE WAS CONSUMMATED WITHOUT A PRIOR JUDICIAL HEARING. ALL WAIVERS BY OWNER IN THIS PARAGRAPH HAVE BEEN MADE
BEEN ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY, AFTER OWNER HAS FIRST RESPECT TO OWNER'S POSSIBLE RIGHTS.
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5.05 No Waiver. The failure of the Declarant or the Owner of any Lot, his or its respective legal representatives, heirs, successors and assigns, to enforce any of the Restrictions herein contained shall in no event be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to any violation or breach occurring prior or subsequent thereto.
ARTICLE VI
DURATION AND AMENDMENT
6.01 Duration. This Declaration and the Restrictions contained herein shall run with and bind the Property for a period of twenty (20) years from and after the date when this Declaration is filed for record with the Clerk of the Superior Court of Clarke County, Georgia, fter which time this Declaration and the Restrictions shall be automatically renewed for successive periods of ten (10) years provided, however, that after the end of the said twenty (20) year period and during any ten (10) year renewal period (but only during such renewal period), this Declaration and the Restrictions contained herein may be terminated or modified by an instrument executed by the majority of the Owners and duly recorded in the office of the Clerk of the Superior Court of Clarke County, Georgia, or in such other place of recording as may be appropriate at the time of the execution of such
Declarant may amend this Declaration by an instrument in writing filed and recorded in the Office of the Superior Court of Clarke County, Georgia, without the approval of any Owner or mortgagee; provided, however that (i) in the event that such amendment materially alters or changes any Owner's right to the use and enjoyment of such Owner's Lot, or if such amendment adversely affects the title to any Lot, such amendment shall be valid only upon the written consent thereto by two-thirds (2/3) of the then existing Owners affected thereby, or (ii) in the event that such amendment would materially and adversely affect the security title and interest of any mortgagee, such amendment shall be valid only upon the written consent thereto of all such mortgagees so affected. Any amendment made pursuant to this Section 7.01 shall be certified by Declarant as having been duly approved by Declarant, and such Owners and mortgagees if required, and shall be effective only upon recordation or at such later date as shall be specified in the
amendment itself. Each Owner, by acceptance of a deed or other conveyance to a Lot, agrees to be bound by such amendments as are permitted by this Section 6.02, and further agrees that, if requested to do so by Declarant, such Owner will consent to the amendment of this Declaration or any other instruments relating to the Development (i) if such amendment is necessary to bring any provision hereof or thereof into compliance or conformity with the provisions of any applicable governmental statute, rule or regulation or any judicial determination which shall be in conflict therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any Lots subject to this Declaration, (iii) if such amendment is required by an institutional or governmental lender, purchaser or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on any Lot subject to this Declaration, (iv) if any such amendment is necessary to enable any governmental agency or
reputable private insurance company to insure mortgage loans on the Lots subject to this Declaration or (v) if such amendment is necessary to correct a scrivener's error in the drafting of this
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ARTICLE VII
MISCELLANEOUS
7.01 No Reverter None of the Restrictions contained herein is intended to be, or shall be construed as, a condition subsequent or as creating a possibility of reverter.
7.02 Severability. Whenever possible, each provision of this Declaration shall be interpreted in such a manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be serverable. 7.03 Headings. The headings of the Articles and Sections hereof are for the convenience only and shall not affect the meaning or interpretation of the contents of this Declaration.
7.04 Gender and Number. Throughout this Declaration, the masculine gender shall be deemed to include the feminine and neuter, and the singular shall be deemed to include the plural, and vice versa.
All amendments, notices, requests objections, waivers, rejections, agreements, approvals, disclosures or consent of any kind made pursuant to this Declaration, whether made by the Declarant, the Owner, or any other person, shall be in writing. All such writings shall be sufficient only if deposited in the United States Mail, with sufficient postage, and sent to the following addresses:
(d) Declarant: Hampton Park Enterprises, Inc.
1010 Huntcliff, Suite 2315
Atlanta, Georgia 30350
(c) Owner: Each Owner's address by Deed of Record.
7.06 No Liability. Declarant has, using best efforts and all due diligence, prepared and recorded this Declaration so that each and every Owner shall have the right and the power to enforce the termsand provisions of this Declaration against every other Owner. However, in the event that this Declaration is, for any reason whatsoever, unenforceable by an Owner (or any other person) in a court of law or otherwise, Declarant shall have not liability of any kind as a result of such unenforceablity, and each and every Owner, by acceptance of a deed conveying a Lot, acknowledges that Declarant shall have no such liability. 7.08 Property Affected. Notwithstanding anything to the contrary contained herein, Declarant and each present or future Owner or any portion of the Property, by acceptance of a deed conveying such portion of the Property, does hereby acknowledge and agree as follows:
(a) Declarant has conveyed or will convey to one or more Builders one or more of the Lots described in this Declaration prior to the date on which this Declaration is filed for record with the Clerk of Superior Court of Clarke County, Georgia;
(b) Declarant acknowledges that any Lot not owned by Declarant on the date of the filing of this Declaration, as aforesaid, will not be bound by the Restrictions and other rights and obligations arising under this Declaration unless the Owner of such Lot joins in the execution of this Declaration; (c) Various of the Builders and other Owners of Lots not so owned by Declarant are joining in the execution of this Declaration for the express purpose of making the Lot or Lots owned by them subject to this Declaration and the rights and obligations arising hereunder, and each Builder or Owner which joins in the execution of this Declaration does hereby agree that each Lot owned by it, as of the date of the filing of this
Declaration with the Clerk of Superior Court of Clarke County, Georgia, shall be and is hereby made subject in all respects to all rights and obligations arising hereunder, in the
12 300% 2 4 1 0 PAGE 221
same manner and with the same effect as if each such Lot had been owned by Declarant on the date of such filing.
as of the day and year first above written.
Signed, sealed and delivered Hampton Park Enterprises, Inc.
in the presence of: A Georgia Corporation
Unofficial Witne -gracio Diego, President
[CORPORATE SEAL]
NotaryMuobiamission Expires June 1, 2003
Signed, sealed and delivered J & A Builders, Inc.
in the presence of: A Georgia Corporation
By:
Mark Rudolph, President/
[CORPORATE SEAL]
Notary Public
NOTARL
2001241026 222š 13
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EXHIBIT A
TRACT ONE:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 216'h District, G.M., Athens-Clarke County, Georgia and being known as Lots 1-27, Block C and Lots 1-14, Block D, Hampton Park Subdivision, Phase II, as more particularly shown on a survey entitled "Final Plat for: Hampton Park - Phase II, dated May 8, 2001, by Woods & Chastain Surveyors, Inc., Ray N. Woods, Registered Land Surveyor, and recorded in Plat Book 36, Page 198, in the Office ofthe Clerk of the Superior Court of Athens-Clarke County, Georgia, reference to which is hereby made for a more particular description of the property conveyed herein.
TRACT TWO:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 216" District, G.M., Athens-Clarke County, Georgia and being known as Lots 1,2, 3, 4 & 5, Block A, The Villas at Hampton Park, as more particularly shown on a survey entitled "Survey for: The Villas at Hampton Park," dated December 20, 2002, prepared by Woods & Chastain Surveyors, Inc., Ray N. Woods, Registered Land Surveyor, and recorded in Plat Book 37, Page 102, in the Office ofthe Clerk of the Superior Court of Athens-Clarke County, Georgia, reference to which is hereby made for a more particular description of the property conveyed herein.
BOOK 2 4 1 0 PAGE 223
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EXHIBIT "B"
DESIGN STANDARDS
1. AUTHORITY. These Design Standards are promulgated pursuant to authority granted to the Architectural Control Committee (hereinafter referred to as the "ACC") of the Hampton Park Subdivision (hereinafter referred to as the "Development") under the terms of that certain Declaration of Covenants, Restrictions and Easements for Hampton Park II, Hampton Park III, Hampton Park 1V, and The Villas at Hampton Park, dated January 1, 2002, recorded or to be recorded in the records of the Clerk of Superior Court of Clarke County, Georgia (hereinafter to and not in lieu of the requirements and provisions of the Declaration. In the event of any referred to as the "Declaration"). The requirements of these Design Standards shall be in addition conflict between any provision of these Design Standards and any provisions of the Declaration, the provision of the Declaration shall govern. 2. PURPOSE. Plans and specifications must be submitted to and approved by the ACC pursuant to the Declaration, and these Design Standards for the sole and exclusive purpose of assuring that all Structures within the Development remain in conformity and harmony of external design with existing standards of the neighborhood. 3. DEFINITIONS. The words Structure', "Owner', and Lot' as used herein shall have the same meanings as such words have in the Declaration.
4. SUBMISSION OF PLANS AND SPECIFICATIONS.
A. Plans and specifications for the construction or replacement of any Structure on any Lot shall be submitted to and reviewed by the ACC in accordance with the requirements of Section 2.05 of the Declaration. Each Owner shall submit to the ACC two (2) complete sets of such specifications. plans and specifications clearly designating which Lot is covered by such plans and B. All plans and specifications required to be submitted to the ACC shall be delivered to the following address:
Hampton Park Enterprises, Inc.
1010 Huntcliff, Suite 2315
Atlanta, Georgia 30350
15
200 2410M 224
5. CONSTRUCTION
A. After approval by the ACC of plans and specifications for any Structure and prior to the commencement of any construction or grading on the Lot for which such plans and
specifications were approved, the location of such Structure shall be clearly marked on such Lot. After such marking, the Owner or the Owner's contractor shall request in writing that a representative of the ACC inspect the proposed location of the Structure as marked on the Lot to determine whether such location is consistent with the guidelines for location of buildings contained in Section 7.A. of these Design Standards. After receipt of such written request, the ACC shall have the right to inspect the proposed location of the Structure as marked on the Lot, and notify the Owner in writing of its approval or disapproval of the proposed location of the Structure. In any case in which the ACC shall disapprove the proposed location, or shall approved the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the ground or grounds upon which such action was based. In any case the ACC shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable location may be marked and submitted for approval. In no event shall the Owner allow any grading or cutting of trees on the Lot prior to approval of the proposed location by the ACC. In the event the ACC fails to make the foregoing inspection and notify the Owner of its approval or
disapproval of the proposed location of the Structure within seven (7) days after receipt of written request, the ACC shall be deemed to have approved the proposed location.
B. During approved construction, all vehicles in any way connected with such construction shall enter the Lot under construction only by the driveway as approved in the plans and
specification by the ACC. In no event shall any driveways other than those approved by the ACC be constructed or used for temporary access to any Lot. All vehicles shall be parked at the Lot to avoid damage to trees, paving, curbs, gutters and any other improvements on the
C. Construction debris shall be removed as often as necessary to keep the Lot and any Structure thereon attractive. Construction debris shall not be dumped in any area of the Development unless approved in writing by the ACC.
D. Lots shall be graded in such a manner so as not to block any natural or manmade swales, ditches, or drainage structures. Earth and hay berms shall be installed on Lots by the Owner thereof when, in the opinion of the ACC, such Lot may erode due to topography. Whenever possible, Lots shall drain independently rather than to adjoining Lots.
6. DESIGN DETAILS.
A. House Sizes, No residential Structure shall exceed three stories in height. Minimum heated finished floor area is 1,600 square feet of living space, not to include basement area or attic space. B. Set-Backs. Building area set-backs shall be within the recommended building lines indicated on the recorded subdivision plats of Hampton Park, provided, however, that less restrictive set-backs may be approved by the ACC if an exception is requested when plans and specifications are submitted to the ACC for approval. In no event shall the set-backs be less than those required by the Clarke County Subdivision Ordinance.
Exterior Colors and Materials. All houses must have three (3) sides brick. All exterior colors and materials of all Structures shall be specified in the plans and specifications submitted to the ACC for approval and shall be subject to the color and material guidelines contained in Section 8 of these Design Standards. Should a homeowner wish to make changes in these scheduled color schemes or in the colors of the initial construction, this may
16 BOOK 2 4 1 0 PAGE 225
be done only by consulting with the ACC in order to achieve a well coordinated color scheme throughout the community.
Roofing material and color shall be specified in the plans and specifications submitted to the ACC for approval, and shall be subject to the color and material guidelines contained in Section 8 of these Design Standards. No plumbing or heating vent shall penetrate the roof surfaces which face the street or streets adjacent to the residential Structures without the approval of the ACC.
E. Driveways. Driveways shall be constructed with concrete, provided, however, that other hard surface materials may be approved by the ACC if an exception is requested when plans and specifications are submitted to the ACC for approval.
F. Landscaping. A written plan of landscaping must be submitted to the ACC prior to the initial installation and all major alterations of the landscaping on any Lot; this plan must include a drawing to show location, variety and size of all plant materials, as well as location and description of all "hardscape" items such as fences, walls, rocks, fountains, statuary, and so forth. Statues, cement ornamental structures, and plastic flowers shall not be permitted in the front yard of any Lot. G. Mailboxes. No mail box or paper box of other receptacle of any kind for use in the delivery of mail, newspapers or similar material shall be erected or placed on any Lot or Structure unless it shall conform to the plans and specifications adopted for the entire
Development (which plans and specifications are available from the ACC).
H. Manufactured Structures, Pre-fabricated or factory built Structures shall not be permitted within the Development, or employed as elements in the construction of residential Structures within the Development except by express written consent of the ACC.
7. SITE PLANNING AND DESIGN.
A. Location of Structures. All additions to or alterations of Structures together with related paved and open areas, shall be located on each Lot to:
(1) minimize changes in the existing topography;
(2) preserved existing trees and vegetation to the maximum extent possible;
(3) control drainage and prevent erosion; and
(4) create prime views and conceal unsightly areas.
17 000K 2410 PAGE 226
.....
8. COLORS AND MATERIALS GUIDELINES.
A. Materials.
(1) A minimum number of exterior materials shall be used on Structures to avoid a cluttered appearance. Where two materials are used (in addition to glass), one shall be dominant. All additions to and alterations of Structures shall utilize the same (or as close as reasonably practicable) materials, styles, and colors as were utilized in the initial construction of each Structure.
(2) Secondary materials, when used, shall complement the dominant material in texture and color.
(3) The exterior materials of all Structures on all Lots shall be harmonious and complementary.
B. Colors.
(1) The exterior colors of the doors, walls, and roof of a single-family residential Structure shall be compatible and harmonious with the colors of nearby singlefamily residential Structures. Highly reflective colors shall be avoided.
(2) A minimum number of exterior colors shall be used. When more than one color is used, one shall be clearly dominant.
(3) Secondary colors shall be:
(a) compatible with the dominant colors;
(b) limited to architectural details such as fascia frames and other building trim. (4) High contrast colors, when used on Structures shall be limited to major architectural elements such as entry doors.
(5) All changes of colors of each Structure must be approved by the ACC.
9. SCREENING GUIDELINES.
A. General. Screening may be used within the Development to define private spaces or to attract or divert attention to or from particular views.
B. Methods of Screening. Subject to the approval of the ACC, the following methods of screening may be used:
(1) earth banks and berms - such earth banks and berms shall:
(a) have a maximum slope of 3:1, and
(b) be covered with an acceptable grass or ground cover suited to the slope.
BOOK 2410 PAGE 22%
(2) Planting screens - such planting screens shall:
(a) be composed of specie approved by the ACC;
(b) be installed at a minimum height of 3 feet, with an expected three year
height of 6 to 8 feet; and
(C) be spaced at a density which will create an effective year-round visual
screen.
(3) Fences and walls - unless otherwise approved by the ACC, fences and walls shall:
(a) complement the design, texture, and color of all Structures on the same
Lot;
(b) be a maximum of 6 feet above grade in height;
(c) include planting as an integral component;
(d) not attract attention as distinct architectural elements;
(e) be finished and maintained equally on both sides; and
(f) start from the middle of each side of the Residence and continue toward the
10. AMENDMENT These Design Standards may be amended from time to time by a majority
vote of the members of the ACC.
11. VARIANCES. Notwithstanding anything to the contrary contained herein, the ACC shall be
authorized to grant individual variances from any of the provisions of these Design Guidelines if
the ACC determines that the waiver of application or enforcement of the provision in a particular
case would not be inconsistent with the overall scheme of development for Hampton Park.
BOOK 2410 PAGE 228
19
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CONSENT AND JOINDER
FOR VALUE RECEIVED, the undersigned (the "Undersigned Owner"), in its capacity as the Owner of the "Subject Lots" described below, does hereby join in the
execution of this Declaration for the express purpose of making the Subject Lots subject in all respects to this Declaration and the rights and obligations arising under this Declaration, and the Undersigned Owner does hereby further agree that each of the Subject Lots owned by it, as of the date of the filing of this Declaration with the Clerk of Superior Court of Clarke County, Georgia, shall be and is hereby made subject in all respects to this Declaration and all rights and obligations arising hereunder, in the same manner and with the same effect as if each and every of the Subject Lots had been owned by Declarant on the date of such filing.
The term "Subject Lots", as used in this Consent and Joinder, means the real property described on Schedule A attached hereto and made a part hereof by this reference.
IN WITNESS WHEREOF, the Undersigned Owner has executed this Declaration under seal, this day of _, 2002.
Signed, scaled and delivered
in the presence of: (Name of Owner)
By:
Unofficial Witness Name: _
Title:
[CORPORATE SEAL]
Notary Public