Covenants
D2023000866 3762125793 BK: 1728 PG:362-367 PARTICIPANT ID
FILED IN OFFICE
CLERK OF COURT
03/07/2023 10:38 AM ANGELA ELDER-JOHNSON, CLERK
SUPERIOR COURT
OCONEE COUNTY, GA
Cingla Eldu -Johnna
STATE OF GEORGIA THIS INSTRUMENT WAS PREPARED BY AND
SHOULD BE RETURNED TO:
COUNTY OF OCONEE RUSSELL W. WALL, ESQ.
LAW OFFICE OF RUSSELL W. WALL, LLC
122 NORTH MAIN STREET, SUITE B
GREENSBORO, GEORGIA 30642
(706) 453-0089
FILE NO.: Custom Built Solutions LLC
DECLARATION OF COVENANTS, RESTRICTIONS,
DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT
THIS DECLARATION OF DRIVEWAY EASEMENT AND MAINTENANCE
AGREEMENT (the "Declaration') is made this 28 day of February, 2023, by CUSTOM BUILT
SOLUTIONS, LLC, a Georgia limited liability company (hereinafter collectively referred to as
"Company").
WHEREAS, the Company is the Owner of certain real property being identified as Tracts 1, 2,
3, 4, 5, and 6, located in the 222nd G.M.D., Oconce County, Georgia, being more specifically described
on Exhibit "A" attached hereto and made part hereof; and
WHEREAS, the Company believes that the lands herein described which are and shall remain
subject to this Declaration shall benefit from the easements, covenants, restrictions, and agreements
established herein for the purpose of governing the use, enjoyment, occupancy, access, and ownership
of the lands described herein; and
WHEREAS, in order to implement the aforesaid purposes and intentions, including access,
ingress, and regress to and from said Tracts 1, 2, 3, 4, 5, and 6, and Astondale Road, Company deems
it necessary to establish this Declaration.
NOW THEREFORE, in consideration of the premises and of the benefits to be derived by the
Company and accruing to the property described herein and to the Owners of the property described
herein, the Company does hereby declare that the properties described herein are hereby subject to this
Declaration and henceforth shall be owned, held, transferred, sold, conveyed, occupied, used and
mortgaged or otherwise encumbered subject to this Declaration and the property described herein shall
be subject to the covenants, restrictions, easements, agreements, and charges provided for in this
BK: 1728 PG:363
Declaration. This Declaration shall be binding upon all persons claiming under and through the Company, its grantees and successors-in-title to any portion of the properties described herein. Every grantee of and interest in any property now or hereafter made subject to this Declaration, by acceptance of a deed or other conveyance of such interest, whether or not (a) expressed in such conveyance, (b) signed by the grantee, or (c) otherwise consented to in writing by such grantee, shall take such property subject to and be bound by this Declaration and be deemed to have accepted and assented to all of the terms, conditions and provisions set forth in this Declaration.
Company reserves for itself and for its successors-in-title an easement for access, ingress, egress and regress to and from and over Tracts 1A, 1B, 2, 3, 4, 5, and 6 (being individually referred to by Tract number, and, including all easement areas, collectively referred to as the "Property'), as shown on that certain plat of survey entitled "Administrative Subdivision / Recombination Plat Custom Built Solutions, LLC," prepared by Baseline Surveying and Engineering, Inc, certified by Matthew D. Olmer, Georgia Kegistered Surveyor, dated September 9, 2022, recorded in Plat Book 2022, Page 141, Oconee County, Georgia, records ("Master Plat"), and that certain plat of survey entitled "Administrative Subdivision Plat for Custom Built Solutions, LLC," prepared by Baseline Surveying and Engineering, Inc, certified by Matthew D. Ulmer, Georgia Registered Surveyor, dated October 4th 2022, recorded in Plat Book 2023, Page 9, said records ("Tract 1 Plat). Said easement shall be limited to the boundaries of the designated Ingress-Egress' and/orDriveway' and/or Utility Easement" and/or "Cul-De-Sac" areas depicted on said Master Plat, any such easement areas subsequently established by a recorded plat of survey for the future development and subdivision of Tract 6, which is contemplated herein (collectively the "Easement Areas"), and shall include the right to access, install, service, replace, maintain, repair and improve said Tracts (Tracts 1A, 1B, 2, and 3, 4, 5, and 6, and the Easement Areas shown on said plat of survey), as established by such Master Plat. Mutual reciprocal easements for access are hereby reserved for the benefit of each Tract (and subsequent Tract owner) as may be necessary for the control, maintenance and repair of any utility, water, sanitary sewer or storm water lines, structures or facilities affecting or crossing any portion of the Property.
2.
The following additional covenants and/or restrictions are hereby placed on the Property:
A. All homes and/or residences shall be a minimum of 2,200 square feet.
B. Mobile Homes and/or Modular Homes are prohibited. Trailers, travel trailers, tents, recreational vehicles, and/or campers shall not be used for residential purposes.
C. No single-family dwelling, utility building, garage, barn, or other similar structure shall be built or located any closer than Twenty-Five (25) feet from an adjacent property line.
D. Chicken houses, turkey houses, commercial hog operations, and commercial cow
processing operations are prohibited. Notwithstanding the foregoing, cattle farms and hobby farms are permitted.
BK: 1728 PG:364
E. There shall be no clear-cutting of more than Fifty Percent (50%) of any Tract. There shall be no clear-cutting within Twenty-Five (25) feet of any property line.
Driveways shall be gravel, concrete, asphalt, or another similar hard surface. Dirt
driveways are prohibited.
G. Junk, wrecked, or non-operating automobiles or equipment shall not be parked and/or maintained on the Property, unless contained in a garage or similar structure and/or not otherwise visible from the road, street, Easement Area, or an adjacent Tract.
H. Pets shall be contained within each Tract in order that said pets do not roam onto
adjoining Tracts. Pets creating a nuisance (i.e. excessive noise) for other Tract owners are prohibited.
All fencing visible from the any road or street or Easement Area shall be wood, split rail, open slat, or horse-type fencing, to be in concert with natural surroundings.
Fencing shall not exceed Fifty-Four (54) inches in height.
All homes shall use natural gas for HVAC (i.e. heat pump), water heating, and
cooktop(s).
Each owner, by acceptance of a deed conveying ownership of a Tract, is deemed to be subject to this Declaration and agrees to abide by the terms and requirements of this Declaration and assumes the obligation to pay a pro-rated portion of the costs of any maintenance of the Easement Areas. Accordingly, each owner of a Tract shall be responsible for a prorated portion of the maintenance costs of any of the Easement Areas; said share of costs to be prorated according to the total number of Tracts at the time of said costs (said Tracts as currently established, or subsequently established by a recorded plat of survey from the future development and subdivision of Tract 6, which is contemplated herein and which shall result in additional Tracts and additional Tract owners subject to the terms hereof). The costs of said maintenance costs and the collection therefor shall be a charge and continuing lien on the Tract against which each assessment is made and shall also be the personal obligation of the person who is the owner of such real property at the time when the assessment first becomes due and payable. If required to employ an attorney to collect any assessment, applicable fees, or interest, the other owners (i.e. the "paying" owners) shall be entitled to recover all costs of collection including court costs and reasonable attorney's fees. Notwithstanding anything contained herein to the contrary, it is anticipated that Tract 1A and Tract 1B, as shown on the Tract 1 Plat, shall only be accessed by Astondale Road. In such event, and provided the owners of said Tract IA and Tract IB do not otherwise access their respective tracts through the Easement Areas, then the owners of Tract IA and Tract 1B shall be exempt from paying a portion of the maintenance costs of the Easement Areas.
4.
This Declaration can be amended at any time by a majority vote of the owners of the Tracts; provided, however, that any amendments) restricting or in any way limiting access and/or easement
BK: 1728 PG:365
rights to any Tract owner shall be prohibited. Upon any vote taken under this Declaration, each Tract shall be entitled to a total of one (1) vote per Tract, regardless of the total number of owners of each Tract (for example, if Tract 1 has three (3) owners, they shall have a total of one (1) vote, instead of three (3) votes). If any proposed amendment to this Declaration is approved as set forth above, the approving owners shall execute an amendment of this Declaration which shall set forth the amendment, the effective date of the amendment (which in no event shall be less than thirty (30) days after the date of recording of the amendment), the date at which such amendment was adopted, the number of votes required to adopt an amendment, and the date that written notice was sent to each Tract owner. The amendment shall be recorded in the official real estate records of Oconee County,
This Declaration shall run with and bind the Property and shall be and remain in effect, and shall inure to the benefit of and be enforceable by Company, or the Owner of any Tract subjected to this Declaration, their respective heirs, legal representatives, successors, successors-in-title and assigns for a period of twenty (20) years after the date this Declaration is recorded. After this twenty (20) year period, the covenants and easements contained herein shall be extended automatically for successive periods of ten (10) years each unless, prior to the expiration of any ten (10) year period thereafter, a written agreement is recorded in the real estate records of Oconee County, Georgia, by the terms of which the covenants contained herein are changed, modified or extinguished in whole or in part as may be described in such agreement, which agreement must be approved by a three-fourths' vote of the total Tract owners, and, further, any such agreement must be executed by said owners.
6.
All owners, by virtue of such ownership, do hereby consent to personal jurisdiction and venue and agree to acknowledge service of process in all Courts of Oconee County, Georgia, for the purpose of the enforcement of this Declaration and the provisions thereof including but not limited to injunctive relief and collection of any assessments hereunder, if any.
[SIGNATURES ON FOLLOWING PAGE]
BK: 1728 PG:366
IN WITNESS WHEREOF, the undersigned members and/or officers of Company have hereunto set their hands and affixed the company seal the day, year and month set forth hereinabove.
THE COMPANY:
Signed, sealed and delivered CUSTOM BUILT SOLUTIONS, LLC
in the presence of:
Let Bat se
Unofficial Witness seah Barton Hobbs, Its: Member
ISLEY LEF
OTARY
By:
Notary Public Michael J. Hobbs, Its: Member
My Commission Expires My Comm. Expires: August 15, 2026
MAFIX NOTARY SERENE COU CA
Signed, sealed and delivered CUSTOM BUILT SOLUTIONS, LLO
in the presence of: By: Team DOMS Noldings, LLC,
Its: Member
V. ! By:
Unofficial V Chad Timothy Dominey, Its: Member
By:
Notary Public
NOTARY",
August 15, 2026 :
PUB
COU
BK:1728 PG:367
EXHIBIT A
Legal Description
All those certain tracts or parcels of land, situate, lying and being in the Town of Bishop, 222nd G.M.D., Oconee County, Georgia, identified as Tract 1, containing 4.23 acres, more or less, Tract 2, containing 5.29 acres, more or less, Tract 3, containing 5.20 acres, more or less, Tract 4, containing 5.04 acres, more or less, Tract 5, containing 5.91 acres, more or less, and Tract 6, containing 34.86 acres, more or less, including all Driveways and IngresEgress Easements serving said property, all as more particularly shown and described on that certain plat of survey entitled "Administrative Subdivision / Recombination Plat Custom Built Solutions, LLCi prepared by Baseline Surveying and Engineering, Inc, certified by Matthew D. Ulmer, Georgia Registered Surveyor, dated September 9, 2022, recorded in Plat Book 2022, Page 141, in the Office of the Clerk of Superior Court of Oconee County, Georgia; which plat is incorporated herein and made a part hereof by
Also established hereunder are those certain "Driveway" and "Ingress-Egress" easements serving Tract 6, as depicted on the above-referenced plat of survey. Said easements shall be an appurtenance to Tract 6, and traverse the following Parcels I and II (as shown on said plat of survey):
All that lot or parcel of land, together with all improvements thereon, situate, lying and being on the southwesterly side of Astondale Road, in the 222nd G.M.D., Oconee County, Georgia, being designated Lot 3, Astondale Estates, according to a plat thereof entitled "Survey for Cecil R. & Robin L. Jennings" by Ray N. Woods, Surveyor, dated January 16, 1990, recorded in Plat Book 18, page 13, in the Office of Clerk of Superior Court of Oconee County, Georgia, which plat is hereby incorporated into this description by reference and
All that lot, tract or parcel of land, containing 1.49 acres, more or less, situate, lying and being on the southwesterly side of Astondale Road, in the 222nd G.M.D., Oconee County, Georgia, being designated Lot 5 of the W. A. Whitmire Subdivision according to a plat thereof entitled "Plat For Edward E. Anderson and Tracy D. Anderson," by John W. Stanzillis, Jr., Surveyor, dated September 4, 1993, recorded in Plat Book 19, page 292, in the Office of the Clerk of Superior Court of Oconee County, Georgia, which plat is hereby incorporated into this description by reference and made a part hereof. This being the same property conveyed to Stewart Family Limited Partnership by Edward E. Anderson and Tracy D. Anderson by Warranty Deed dated January 23, 1999, recorded in Deed Book 464, page 599, in said Clerk's Office. This property is known and designated as 1370 Astondale Road according to the present system of numbering parcels in Oconee County, Georgia.