Covenants
000073
STATE OF GEORGIA,
COUNTY OF OCONEE. )
DECLARATION OF COVENANTS FOR LAUREL SHOALS SUBDIVISIO
This Indenture is made and entered into this day of keliucely → 1994ą by Green Development Partners, Inc., herein "Declarant";
WITNESSETH,
Whereas, Declarant is the owner of certain real property situate in Oconee County, Georgia, and more particularly described on Exhibit A, attached hereto and incorporated herein by reference, herein "Property"; and
Whereas, the Declarant intends to develop on lands, including the Property, a development to be known as Laurel Shoals Subdivision; and
Whereas, it is to the benefit of all who purchase any of the Property for there to be a common scheme of development and for restrictive covenants to be recorded;
Now Therefore, the Declarant hereby declares that all the Property shall be held, sold and conveyed subject to this Declaration of Covenants, herein "Declaration", which is for the purpose of enhancing and protecting the desirability and attractiveness of and which shall run with, the Property and be binding on all parties having 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, his heirs, grantees, distributees, successors and assigns and, to the benefit of any neighborhood association set up ives
hereunder.
Article 1.
LAND USE RESTRICTIONS
The Property, and each lot, herein "Lot", shown on the plat described on Exhibit A shall be subject to each of the following land use restrictions.
A. Each Lot must be used for residential purposes only and no noxious or offensive activities shall be maintained thereon. Bach such Lot is sold as and shall be used as Pres a single residential lot; provided however, a Lot or any' portion thereof may be added to or combined with another Lot or portion of another Lot so as to form a single residential building lot, so long as this right to combine Lots or portions of Lots shall not be construed to grant the right to re-subdivide Lots into a greater number of Lots.
B. No structure shall be erected, altered, placed or permitted to remain on any Lot other than one detached single family dwelling constructed and maintained for the use and occupancy of a single family unit and private garage for not more than three cars and
CU0074
other outbuildings customarily used in connection with and incidental to a single family dvelling, all subject to the approval of the Architectural Control Committee.
C. No building shall be erected on any Lot which is more than two stories high on the side of such dwelling which fronts the street. A corner Lot shall be considered to front only the street so designated on the approved plans.
D. No dwelling may be built on any Lot with a ground floor area of any main structure, exclusive of one story open porches and garages, of 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 or two story structure.
I. No trailer, tent, shack, garage, detached carport, barn. or other outbuilding erected on any Lot shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
F. No clothes line, drying racks or fences used for drying clothes shall be constructed or maintained on any Lot.
G. No exposed above-ground tanks will be permitted for the storage of fuel, water or for any other use.
Il. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road-ways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the Intersection of the street property lines extended, and no tree shall be permitted to remain within such distances of such intersections unléss the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
I. Fences and walls shall conform architecturally to the principal dwelling on any Lot, shall be located only in an area in the rear of the residence and shall be approved by the Architectural Control Committee prior to construction.
J. No animais, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except dogs, cats and other houschold pets nay ba kept, provided they are not kept, bred or maintained for any commercial purpose.
K. The purchaser of a Lot assumes the responsibility for its maintenance, and agrees to maintain same in a neat, orderly and clean state; there shall be no outdoor storage of boats, motorhomes, appliances, inoperative motor vehicles, junk cars or other items without prior approval of the Architectural Control Conmittee; no Lots are to be used or maintained as a dumping ground for rubbish, trash, garbage or waste and all
0000·5
garbage containers must be kept in a neat, orderly fashion, generally hidden from sight, except as required by law.
L. Exterior antennas for television, radio or any type transmission shall be placed at the rear of the residence or behind the chimney so as to be unobtrusive; no microwave receiving dishes or other similar equipment may be erected without approval fron the Architectural Control Committee. No such equipment which interferes with normal television or radio reception will be permitted.
M. There shall be no signs of any kind on any Lot, except one professional sign of not more than one square foot, one sign of not nore than five square feet advertising the Lot for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
Article 2.
ARCHITECTURAL CONTROL, COMITTEE
1. Establishment. An Architectural Control Committee, herein "ACC", shall be established consisting of two or more individuals to be appointed by the Declarant. The initial Architectural Control Committee shall be composed of J. Mitchell Haynie and Jennifer R.H. Haynie. The Declarant reserves the exclusive right to appoint other members or successor members to the Architectural Control Committee until such time as the Declarant has both created the Laurel Shoals Neighborhood Association, herein the "Association" and conveyed the common areas to the Association. At that time, Declarant's rights to make such appointments shall terminate, the members of the ACC shall resign and the Association shall have the right to name new members upon such terms and conditions as it may choose.
2. Purpose and Duties. The purpose of the ACC is to review and approve or disapprove any proposed installation, construction or alteration of any structure, including outbuildings, on any Lot. All plans must be submitted to the ACC for approvals (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 subdivision as a whole and (ii) as to the location of any such structure with respect to topography, finished ground elevation and surrounding structures. The method of such submission is set out in paragraph 3 below.
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 purposes including,
000076
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.
3. 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 material manner unless the plans and specifications therefore shall have been submitted to and approved in writing by the ACC. Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the ACC, including without limitation:
(a) a site plan showing the location of all proposed and existing structures on the Lot, including building setbacks, open space, driveways, walkways and parking spaces and siltation and erosion control measures;
(b) a foundation plan;
(c) a floor plan;
(d) the existing elevations of all proposed structures and alterations to existing structures as such structures shall appear after all backfilling and'landscaping are completed;
(e) specifications and materials, color scheme, lighting scheme and other details affecting the exterior appearances of all proposed structures and alterations to existing structures; and
(f) plans for landscaping and grading.
4. Approval or Disapproval. After review of the plans, the ACC shall either approve or disapprove same and notify the person requesting such approval of its docision. This may be based upon any of the following:
(a) failure to Include information in such plans and specifications as may have hoon requested;
(b) the failure of such plans or specifications to comply with this Declaration; (c) any other matter which in the judgement 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 other structures on the Property or (il) as to the location, to be incompatible with topography, finished ground elevation and surrounding structures. Notification shall be made in writing. The ACC shall act within 30 days of the request for approval or disapproval, Failure by the ACC lo take action within 30 days shall constitute approval of same.
Article 3.
WAIVERS
During its ownership of any property submitted to this Declaration, the Declarant shall have the right to establish such further covenants and restrictions as it may deem desireable to promote the purposes of this Declaration, including the right to amend, modify or delete existing provisions. Such powers shall include the right to waive such violations of this Declaration or any matter set out on the plat attached hereto, including, without limitation, the setback lines, as it determines do not unreasonably affect the Property. Any such action must be approved by the ACC, but otherwise shall be in the sole and absolute discretion of Declarant and shall be final.
Article 4.
LAUREL SHOALS NEIGHBORHOOD ASSOCIATION
A. Establishment. The Declarant may create certain areas within the Property which are for the common benefit and enjoyment of all owners of Lots within the Property at the conclusion of the development of the Property or at such other time as the Declarant determines is proper and appropriate. The Declarant intends to convey such common areas to the Association. The Association shall be created by the Declarant, at its discretion, but no later than the conveyance of such common areas. The control of the Association shall be delivered to the owners of the Lots no later than the time such common areas are conveyed to the Association.
B. Dues. The Declarant shall maintain the aforementioned common areas until the Association has been created and control of it delivered to the owners of the Lots. As it is in the best interest of all Lot owners that the common areas be maintained, the Declarant shall have the power to assess each Lot owner annually for a pro rata share of the costs of maintaining such common areas, commencing May, 1994.
The Association, upon control being turned over to the owners of the Lots in Laurel Shoals Subdivision, shall have the power to assess such dues 'as are reasonably necessary for the maintenance of the common areas, in such manner and upon such terms as the Association may deem advisable.
Article 5.
ENFORCEMENT AND VALIDITY
This Declaration shall inure to the benefit of and shall be enforceable by the Declarant so long as it owns any of the Property, the Association upon its inception, and
C00078
each owner or his legal representatives, heirs, successors or assigns.
Should any portion of this Declaration be declared unconstitutional or invalid such ruling shall not effect or impair the validity of the remainder of the Declaration as a whole or any part thereof other than the part so declared to be unconstitutional or invalid, and the Declarant hereby states it would have adopted the remainder of this Declaration despite such invalid provisions.
Article 6.
AMENDMENT AND DURATION
A. Duration. The provisions of this Declaration shall run with and bind the land and shall be and remain in effect for twenty years from the date hereof and shall not be renewed by operation of law.
B. Amendment. This Declaration may be amended unilaterally by the Declarant: (1) if such amendment is necessary to bring any provision hereof into compliance with any applicable government statute, rule or regulation or judicial determination which shall be in conflict therewith; (i1) if such amendment is necessary to enable any title insurance company which is a member of the American Land Title Association to issue title insurance coverage with respect to the Lots; (111) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans to enable such lender or purchaser to make or purchase mortgage loans on the Lots; (iv) if such amendment is necessary to enable any governmental agency such as the Veterans Administration or reputable private mortgage insurance company to insure mortgage loans on the Lots, provided any such amendment shall not adversely affect the title to any owner's Lot without consent; and (v) as set out in Article 3. These covenants may also be amended at any time and from time to time by an Agreement signed by at least 75% of the owners of the Lots; provided however, such amendment by the owners shall not be effective unless also signed by the Declarant, if the Declarant, is the owner of any real property subject to this Declaration. Such amendments must be in writing and recorded in the Office of the Clerk of the Superior Court of Oconee County, Georgia, to be effective. C. Additional Property. Declarant shali have the option and right from time to time without consent by any other party to submit any portion of the property described In warranty deed from Jimmy A. Gay to Green Development Partners, Inc., dated May 7, 1993, recorded in Deed Book 230, pages 105-106, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, to the provisions of this Declaration and thereby to cause such property to become part of the Property.
000079
In Witness Whereof, the Declarant has caused this Declaration to be duly executed and sealed the day and year first written above.
GREEN DEVELOPMENT PARTNERS, INC.
PRES
Attest
Signed, sealed and delivered
in the presence of:
Alice Mavey
tnoss
Notary
NOTARY ao
3 PUBLIC
JULY 181,0 1997
000080
EXHIBIT A
lying and being in the 221st District, G.M., Oconee County, Georgia, containing 71.45 All that tract or parcel of land, together with all improvements thereon, situate, Whitehead" by Ben McLeroy & Associates, Ben McLeroy, Registered Surveyor, dated May 25, acres, and being designated as Tract 2 and Tract 3 on plat entitled "Survey for Fate 1965, revised September 17, 1965, recorded in Plat Book 2, page 214, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, and being more particularly described as follows: Beginning at an iron pin on the northwesterly side of Hodges Mill Road 7/10 of a along the northwesterly side of Hodges Mill Road; running thence along the centerline mile southwesterly of Mars Hills Road, formerly known as Georgia Highway 209 as measured along line of property of Grayson north 33 degrees 00 minutes west 898.7 feet to an iron of a road north 35 degrees 44 minutes east 170.0 feet to an iron pin; running thence 394.1 feet to an iron pin hereinafter referred to as "Iron Pin A"; continuing thence pin; continuing thence along line of property of Grayson north 17 degrees 50 minutes west along line of property of Grayson north 17 degrees 50 minutes west 40 feet to a point in the center of Barber Creek; running thence along the centerline of Barber Creek in a generally westerly direction to an iron pin hereinafter referred to as "Iron Pin B", the surveyors traverse lines between Iron Pin A and Iron Pin B being: north 60 degrees. a point, north 80 degrees 55 minutes vest 237.5 feet to a point, south 43 degrees 45 06 minutes vest 194.2 feet to a point, north 23 degrees 45 minutes vest 127.0 feet to minutes west 141.4 feet to a point, south 01 degree 11 minutes west 198.4 feet to a point, north 66 degrees 58 minutes west 163.8 feet to a point, north 3l degrees 29 minutes west 260.2 feet to a point, north 56 degrees 11 minutes west 174.5 feet to a point, south 88 degrees 58 minutes west 357.7 feet to a point, north 70 degrees 20 minutes west 455.0 feet to a point, north 87 dẹgrees 44. minutes west 147.2 feet to a point, north 15 degrees 30 minutes west 138.5 feet to a point, north 46 degrees 10 minutes west 74.2 feet to a point, south 53 degrees 50 minutes west 87.0 feet to a point, south 30 degrees 24 minutes west 110.0 feet to a point, south 08 degrees 10 minutes west is south 63 degrees 05 minutes east 30 feet from the centerline of said Barbers Creek, 136.1 feet to a point, south 27 degrees 09 minutes east 97.0 feet to an iron pin which south 27 degrees 09 minutes east 34.4 feet to a point, south 03 degrees 30 minutes east 259.0 feet to a point and souch 38 degrees 50 minutes vest 242.0 feet to Iron Pin B; Sandra C. Glass, Clerk at 4:45 am/pm minutes east 1,505.2 feet to an iron pin set at a rock; continuing thence along line of running thence along line of property now or formerly of Vaughn south 63 degrees 38 Recorded on 2 - 8-94 Filed for record 2 - 4-94 property now or formerly of Vaughn south 22 degrees 30 minutes east 1,148.6 feet to an northwesterly side of Hodges Mill Road the following chord and distances to the beginning iron pin on the northwesterly side of Hodges Mill Road; running thence along the minutes east 250.5 feet to a point and north 60 degrees 12 minutes east 398.8 feet to iron pin: north 50 degrees 04 minutes east 489.1 feet to a point, north 56 degrees 06 said beginning iron pin; This property having been acquired by Charles D. Webb and Virginia H. Webb by from Lewis T. Whitehead recorded Warranty Deeds dated November 16, 1965, as follows: in Deed Book PP, page 183, and from Marcellus L. Whitehead recorded in Deed Book PP, page 178, both in said Clerk's Office;
000081 In RE:
All that tract or parcel of land, together with all improvements thereon, situate,
lying and being in the City of Bogart, 240th District, G.M., Oconee County, Georgia,
being known and designated as Tract 1, containing 4.901 acres on plat entitled "Survey
for Oconee County" by Ben McLeroy and Associates, Inc.
Surveyor, dated July 23, 1993, recorded in Plat Book 24, page 36 _, in the Office of
the Clerk of the Superior Court of Oconee County, Georgia, and being more particularly
described as follows:
Beginning at an iron pin on the easterly side of Burson Street 257.1 feet southerly
of the southeasterly corner of the intersection of Burson Street and 5th Avenue as
measured along the easterly side of Burson Street; running thence along line of
property now or formerly of Culbertson north 81 degrees 29 minutes 41 seconds east
199.91 feet to an iron pin; running thence within an alley south 78 degrees 48 minutes
22 seconds east 24.63 feet to a one-half inch conduit; running thence along line of
property of the Oconee County School District north 82 degrees 8 minutes 2 seconds
east 200.68 feet to an iron pin; continuing thence along line of property of the
Oconee CountyồSchool District south 36 degrees 17 minutes 58 seconds east 239,40 feet
to an iron pin; running thence along the center line of an unpaved road along line of
property now or formerly of Thurmond south 41 degrees 39 minutes 00 seconds west
480.25 feet to an iron pin; continuing thence along said center line and along said
Thurmond property south 64 degrees 29 minutes 28 seconds west 153.46 feet to an iron
pin; running thence north 62 degrees 48 minutes 00 seconds west 19.31 feet to an iron
pin; running thence along the center line of an old road north 9 degrees 55 minutes 15
seconds west 153.97 feet to an iron pin on the easterly side of Burson Street; running
thence along and around the easterly side of Burson Street in a northerly direction an
arc distance of 141,23 feet to an iron pin the chord distance thereof being north 4
degrees 54 minutes 24 seconds west 141.00 feet; continuing thence along the easterly
side of Burson Street north 10 degrees 28 minutes 57 seconds west 269.14 feet to the
beginning iron pin;
Said property having been acquired by Daisy Wise by deed recorded in Deed Book X,
page 103, and deed recorded in Deed Book X, page 249, both in said Clerk's Office; and
STATE OF GEORGIA
OCONEE COUNTY
Personally appeared before the undersigned attesting officer, Robert J. Wise, who
being duly sworn on oath, opposes and states as follows:
That he is a son of Daisy Wise who died a resident of Oconee County, Georgia, and
that the husband of Daisy Wise predeceased her.
That Robert J. Wise, Lucy Abbott, Jack F. Wise, Mary W. Johnson, Eugene P. Wise,
Charles S. Wise and William J. Wise, Sr. were the only children ever born to Daisy E.
That William J. Wise, Sr. and his wife both died intestate, and that the only
children ever born to either of them were Latrelle Grantham, William J. Wise, Jr. and
Frances Crowley. Filed for record 2 - 4 - 9 4 am/pm Recorded on 2-8-44
That prior to his death, Charles S. Wise conveyed his interest in subject property Sandra C. Glass, Clerk to the undersigned by Quit Claim Deed filed for record August 9, 1993, in said Clerk's
Office.
21 4:4<- Rekit k wrie &
Robert &. Wise
Sworn to and subs Hoefore me OCONDE COUMA C GA.
day* SANDRA C. SLARS
Clork, Suparior Court
FILED FOR RECORD_ 4:45 pena
Notary pub PUBLIC SE
HE UNE D PAGER! -
ON12_