Covenants (partial)
Scott, Quarte man & WeL Attorneys at Law PROTECTIVE COVENANTS OF KNOB CREEK SECTION OF IVYWOODAthEnSS GALOGOS P.O. Box 1232. STATE OF GEORGIA
OCONEE COUNTY 93 SEP 25 A10: 03 1 SWANTON IVY REALTY & DEVELOPMENT, INC. hereinafter known as the Declarant, of Oconel Krun 9 - 25-78 THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this 18th day of September, 1998, by REC 000452: 725
WITNESSETH:
#› Kib Creek Section of Ivywod South Subdivision located in the 221st District. G.M., Oconce County, Georgia, being WHEREAS, be Declaran, I. SWANTON IVY REALTY & DEVELOPMENT, INC., is the owner of the property known Jul: 10. 1998, recorded in Plat Book: 30, Page 86, Oconce County Superior Court Records: and partcularly deseribed on a plat entitled "Final Subdivision Plat, Ivywood South" by Ben Mel.croy & Associates, Ine. dated puchase any numbered lots in said subject property, that certain protective covenants governing and regulating the use and WHEREAS, it is to the interest, benetit and advantage of the said Declarant, and to cach and every person who shall hereatier «eupaney of lots in said subdivision be estabhshed, set forth and declared Covenants running with the land: and tother lands adjoining and in the vicinity of said subject property, which other, further lands shall in no wise nor by any WEEKLAS, the said J. SWANTON IVY REALTY & DEVELOPMENT, INC. also is the owner of and may acquire other. wd Clerk's Office in Plat Book 30. Page 86. clared to be made applicable to, and only to the numbered lots as shown on said plat of subject property, so recorded m impleaton be aflected by, or have imposed upon the sane hereby, these Protective Covenants, which are hereby specifically A NOW THEREFORE, for and in consideration of the premises and of the benetts to be derived by J. SWANTON IVY REAIIY & DEVELOPMENT, INC. and each and every subsequent owner of any of the numbered lots in said property. tommy protcetive covenants to apply to, and only to, each and all of said numbered lots in said subject property, and to al WANTON IVY REALTY & DEVELOPMENT, INC. does hereby set up. establish, promulgate and declare the "oth the land and shall be binding upon all persons claiming any such numbered lot (hercafter lot) under and through J. Why we nume sad lots, or any of them hereatter: these protective covenants shall become effective immediately and run * nees a which ume said covenants may be extended or terminated in whole or in part as hereafter provided. to-wit •WANTON IVY REALTY & DEVELOPMENT. INC. until 25 years from the date of recording of these protective te seed places or penated to remam on any lot other than one detached. single-famile do elling not to exceed to TAND TSE AND BUILDING TYPE. No lot shall be used except for residential purposes No structure shall be *• bee a mes m herght and a private garage for not more than three cars and other out buildings customarily used in *e vot or medental to sugle-famil dwelling. No pre-manufactured houses will be permited. * * a woves and und the construction plans and specifications thereot, and a site plan showing the location of the A HET & FURAL CONTROL. Nostrueture or improvement of any description shall be erected. placed or altered * a • a palts of workmanstup and materials and harmony of external design with existing grade elevation and * wee on the los have been submited to and approved by the Architectural Control Committee, as hercinatier • cows am lot having less than a 8 on 12 foot pitch on the roof thereof •nowy Withow the prior wratten consent of said Architectural Control Committee, no dwelling shall be erected * I tof plans and speedications for any proposed building or structure or any addition to any buildng or •tate nast be subatted for epproval to the Architectural Control Committee * pass to halames or structures which are submitted to the Architectural Control Committee for approval lode. but may not be linted to the following: • for plans and elevations • ester plans showing the exterior surface
* steve wath may be constructed so that any concrete block or foundation wall is visible ater bachillong
26 The Architectural Control Committee shail have the authority to grant ahustments to the above requirements if it is found that these requrements impose an undue hardship on a property owner in lecating the site for a home or the adsiment would add to the aesthetie character of the subdivision as decided by the Architectural Control Committee Approval for any such exception must he m writing
27. ARCHITECTURAL CONTROL COMMITTEE
(A) MEMBERSHIP The Architectural Control Committee shall be composed of the Declarant or their designees or their assigns.
(B) PROCEDURE. The Commutee's approval or disapproval as required in these covenants shall be in wnting. Should the committee, or its designated representative. fail to approve or disapprove, withan So days after the plans and spectications and proposed site location have been submitted to it, or in any event, if no suit to enjoin constraction has been commenced prior to the completion thereof, approxal wall not he required and the related covenants) shall be deemed to have been fully complied with. 28. TERM. These covenants are t to run with the land and shall be binding on all parties and person claiming under them for a period of twenty-five years from the date these covenants are recorded. after which time said covenants shall be automatically extended for successive periods of 10 vears unless and until an instrunent signed by a maority of the then record owners of said lots has been recorded, agreeing to change said covenants in whole or in part.
29. ENFORCEMENT Should any residential lot owner having an interest in any property within said subdiviston volate or attempt to violate any of the covenants herein, it shall be lawfil for the Architectural Control Conmittee or any residental lot owner of any real property situated m said development or subdivision to instate ay proceedings at law or in equis against the party violating or attempting to violate any such covenant, either to prevent such violation or attempted violatont or to recover damages for such violation. In the event it is necessary for the Architectural Contol Committee to retam an attorney to enforce these cou enants, the property oner violating said covenants shall be liable for attornevs fees and wher costs of the Architectural Control Committee in connection with the entorcement of sand covenants.
30. SEVFRABILITY Invalidaton of any one of these covenants by judgment or court order shall in no wise alleet and of their other provisions which shall remain in full force and effeet.
31. These restrichons, cox enants and conditions shall appls onls to the property deserbed above as Knob Creek sectan of honora! South. No representation or warrantes are made with respeet to development of an other property oned by the Declarant, the right being expressly reserved by the Declarant to develop any properts other than the speatic letsand portions of lots referred to herein in any manner they, in their sole discretion. may chose or deem proper
IN WITNESS WHEREOF, the Declarant has heretto set its hand and seal the vear and day first above written
Signed, sealed and delivere Rict 241 in the presen Suanton It Jr.. Presiden
anton Ivy Realty and I velopment, Ine Patren Ll Ay
Patricia W. Ivy. Secretary
J. Swanton Toy Realty and Development, Ine.
Ractical lipp ACHEL OGG