Covenants

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GEORGIA

COUNTY OF OCONEE

PROTECTIVE COVENANTS

FOR

MELROSE FARM

published this ThiS DEAr DIMPLE COVER PROPERTIE and JLR PROPERTIES, INC., a

Georgia corporation, hereinafter ina Meer referred to as Pipeciarant",

WITNESSETH:

THAT WHEREAS, Declarant is the owner of that property known

as MELROSE FARM and these restrictions are applicable to those lots

as shown on that certain plat of survey entitled "Survey For Melrose

Farm" by Ben Mcleroy & Associates, Inc. dated December 9, 1993 and

recorded in the Office of the Clerk of the Superior Court of Oconee

County, Georgia, in Plat Book 24, page 68; and,

WHEREAS, it is to the interest, benefit and advantage of

said Declarant and to each and every person who shall hereafter

purchase any numbered lot in the above described subdivision that

certain protective covenants governing and regulating the use and

occupancy of the lots in said subdivision be established, set forth

and declared to be covenants running with the land; and,

said Declarant may acquire other lands

adjoining and in the vicinity of said subdivision, which other lands

implication be affected by these

Declarant hereby expressly reserves the right

to sell, lease or otherwise deal with and dispose of all or any part

of ny other adjacent properties, whether presently owned by

Declarant or subsequently acquired, or, at its option, to develop and

use the same, doing permit its development and use by others, or to

refrain from so; provided further that Declarant's said

adjoining properties, or any portion thereof, may be subdivided,

leveloped or otherwise used in any manner and for any purpose, under

such covenants or restrictions, if any, as it may see fit to impose

or not to impose, and the Protective Covenants set forth herein

applicable to the above-referenced subdivision, or section thereof,

shall not be construed, by implication or otherwise, to be imposed

upon or in any wise affect Declarant's other property. Declarant

the right, connection

development, subdivision or other use of its said adjoining land, to

extend any or all of the existing roads in the within described

property into and through Declarant's adjacent land and to use the

same for ingress and egress to all other public roads now or

hereafter connected therewith;

OCONEE COUNT LAS GEORGIA

SANDRA

FAED FOR RECORD , 10.24_ AND RECORDE

IN BOOK A PAGE *

ON_ - 19

_. CLERK SC

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NOW THEREFORE, for and in consideration of the premises and the benefits to be derived by Declarant and each and every subsequent owner of any of the lots in the above-referenced subdivision, said Declarant does hereby set up, establish, promulgate and declare the following Protective Covenants to apply to, and only to, each and all of said lots in the above-referenced subdivision and to all persons owning any of them hereafter;

Covenants shall become effective immediately upon the recording of this Declaration and shall run with the land and shall be binding on all persons claiming any such numbered lot or lots under and through the Declarant until twenty (20) years from the date of recording of these Protective Covenants at which time said covenants extended or terminated in whole or in part as hereinafter provided;

1. LAND USE AND BUILDING TYPE. No lot shall be used, except for residential purposes. No building 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 and other outbuildings customarily used in incidental to a single family dwelling. A11 driveways incidental to the dwelling must be concrete or asphalt and

ARCHITECTURAL CONTROL. No structure or improvement of any description shall be erected, placed or altered on any lot until the construction plans and specifications and a plat showing location of the structure have been approved by the Architectural Control as to quality of workmanship and materials, harmony oi br and external design (including exterior color and texture) with existing structures, and as to location with respect to topography and finish

No fence, wall or other structure shall be erected, lot and no chain link fences will be permitted unless permitted and approved by the Architectural Control Committee. Approval shall be as provided in Paragraph 27 hereinbelow.

3 - DWELLING SIZE. with respect to a one-story dwelling, all such dwellings constructed on any lot shall have a minimum heated ground floor area of the main structure, exclusive of one-story open basements and deck areas, of 1,000 square feet. The distribution of floor space for a dwelling of more than one storA will be subject to review by the Architectural Control Committee. 1,200 square feet minimum is required for two story homes, and the Committee may specify minimums for each level.

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4 . BUILDING LOCATION. No building shall be located on any

lot nearer to the front line than the minimum building set-back lines

as shown on the recorded plat of said subdivision referred to

hereinabove. If lot size and configuration dictate a variance from

said setback lines, the Architectural Control Committee can grant

such variances from time to time as it deems necessary. No dwelling

shall be located on an interior lot nearer than ten (10) feet from

any other side lot lines and no nearer than forty (40) feet from rear

lot lines. For the purposes of this covenant, eaves, steps, and open

porches shall not be considered as part of a dwelling or building,

provided, that this shall not be construed to permit any

portion of owevilding or dwelling to encroach upon another lot.

5. FURTHER SUBDIVIDING: No lot shall be divided without

the prior written approval of the Architectural Control Committee as

provided in Paragraph 27 hereinbelow.

6. EASEMENTS. Easements for installation and maintenance

of utilities, buffer areas, and drainage facilities are reserved as

shown on said subdivision plat.

7. NUISANCES. No noxious or offensive activity shall be

carried on upon any lot, nor shall anything be done thereon which may

be or become an annoyance or nuisance to the neighborhood.

8. TEMPORARY STRUCTURES AND VEHICLES.

temporary character, trailer, basement, tent, shack, garage, detached

carport, outbuilding shall be used on any lot at any

time as a residence either temporarily or permanently. Further

provided that no heavy equipment, trailers, trucks, or other large

vehicles designed transporting for

commercial use shall be kept, stored, or maintained on any lots.

No towed vehicle, boat, motor home, or mobile home shall

regularly be stored upon any residential tract, or temporarily kept

thereon for periods longer than twenty-four (24) hours each, without

the prior written consent of the Architectural Control Committee.

The foregoing, however, does not apply to such boats or other

vehicles, whether motor-driven or towed, as are stored wholly within

a private garage or designated trailer storage areas. No commercial

vehicles may be parked, stored or temporarily kept on the Property,

except when stored wholly within private garages, or except when

there temporarily to service existing improvements or to be used in

connection with the construction of improvements on the Property.

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OIL AND MINING OPERATIONS.

development operations, oil refining, quarrying or mining operations kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted pon any lot; and no derrick or other structure designed for use ir oil or natural gas shall be erected, maintained, or permitted on, upon, or in any lot.

STORAGE TANKS. No exposed above-ground tanks will be permitted on any lot for the storage of fuel, water or for any other

used in drying clothes shall be visible from any street. CLOTHESLINES. No clotheslines, drying rack or devices

12. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one (1) square foot, one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes.

14. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or waste. All incinerators or other equipment for the storage or disposal or such material shall be kept in a clean and sanitary condition.

15. SEWAGE DISPOSAL. No individual sewage-disposal system shall be permitted on any lot, unless such system is designed, located and constructed Ịithe requirements, standards and recommendations of the Georgia Department of Public

Approval of such systems as installed shall be obtained from such authority.

SIGHT DISTANCE AT INTERSECTIONS.

hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways 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 (20) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations lot which is

intersection of a street property line with the edge of a driveway or

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alley pavement. No tree shall be permitted to remain within such

distances of such intersections unless the foliage line is maintained

at sufficient height to prevent obstructions of such sight lines.

SATELLITE DISHES. All types of satellite receiving

dishes are totally prohibited on any lot.

ANTENNAS. HAM Radio antennas or other antenna used for

the transmission or reception of radio or television signals shall

not be visible without prior approval of the

Architectural Control Committee.

SWIMMING POOLS. Swimming pools must be constructed

below ground level and their location is subject to the same setback

requirements as dwellings and other improvements. A fence of

sufficient height and construction must surround all swimming pools

according to the then current Oconee County Zoning Regulations. A11-

weather heated "bubble" covers for outdoor pools are specifically

prohibited and further, all pool construction is subject to approval

by the Architectural Control Committee as provided herein.

AIR CONDITIONERS. No window unit air conditioners or

air conditioning compressors may be placed so as to be visible from

any street. outside air conditioner compressors must be placed at

the rear of the dwelling or screened by a fence or shrubbery if on

the side of the dwelling.

DECORATIVE SCULPTURES. There shall be no decorative

sculptures on front lawns or any other areas which may be visible

from any street.

22 LANDSCAPING AND DRAINAGE. All shrubs, trees, grass and

plantings of any kind shall be well maintained, properly cultivated

and free of trash and other unsightly material. Landscaping shall be

installed no later than one hundred eighty (180) days following

occupancy or completion of the dwelling, whichever occurs first. No

or other impoundments, ponds

no mounds, or hills; and no other physical

improvements or elements of the landscape or terrain which control or

determine the location or flow of surface water and drainage patterns

may be destroyed, altered or modified by or at the direction or with

consent of any Owner without the prior written consent of the

Architectural Control Committee.

23. HUNTING. The discharge of firearms on or over the

property is prohibited and there shall be no hunting or trapping of

animals on the property.

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24RIGHT-OF-WAYS. Each property owner shall be responsible for maintaining that portion of the street right-of-way between the actual paved street and their respective property line.

HOBBIES. Hobbies or actives that tend to detract from the aesthetic character of the Property, and improvements used in connection with such hobbies or activities, shall not be permitted unless carried out or conducted as directed by the Architectural but is not Control Committee. This paragraph has reference to,

limited to, such activities as automotive and boat repair, and sport activities involving equipment placed on the Property, particularly when visible from the street.

that the natural beauty of the Property may be preserved, no living tree having a diameter of six inches or more shall be destroyed or removed from the Property unless approved by the Architectural Control Committee. In the event of violation of this paragraph, Declarant, or its representatives shall have the right to replace the tree with a comparable one at the expense of the Owner of the Lot upon which the destroyed or removed

27. ARCHITECTURAL CONTROL COMMITTEE.

(a) Membership. The Architectural Control Committee shall Declarant as its representatives. A majority of the committee may In the designate a representative with full powers to act for it. event of death or resignation of any member of the committee, the shall have full authority to designate a successor. its designated nor

representative shall be entitled to any compensation for services

Procedure. All requests that are made or to be made by the various lot owners for the review by the Committee as required Committee in and or by Registered Mail or by Certified Mail Return writing and delivered

Requested. Committee's approval or disapproval required in these covenants shall be in writing. In the event the committee, designated representative, fails to approve o lisapprove within thirty (30) days after the plans and specification: have been submitted to it, or in any event, if no suit to enjoin the the completion thereof, construction been commenced prior to covenants shall be approval will not be required and the related

deemed to have been fully complied with.

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Variances. Whenever the Architectural Control

Committee finds that hardships or practical difficulties may result

from strict compliance with these Covenants, and/or the purposes of

these Covenants may be served to a greater extent by an alternative

proposal, the Committee may unilaterally approve variances to these

covenants provided, however, that such variances shall not have the

effect of

These covenants are to run with the land and

shall be binding on all parties and all persons claiming under them

for a period of twenty (20) years from the date these covenants are

recorded, for said covenants shall be automatically

extended (20) years unless an

instrument signed by a majority of the then owners of the lots has

been recorded, agreeing to change said covenants in whole or in part,

such renewal, modification, or termination being controlled by the

provisions of O.C.G.A. § 44-5-60.

29. ENFORCEMENT. Enforcement shall be proceedings at law

or in equity against any person or persons violating or attempting to

violate any covenant either to restrain violation or to

damages. these In the event it is necessary to retain an attorney to

enterant (s shall De liable for attornees fees and other costs of the violating said

Architectural Committee incurred in connection with the

enforcement of said covenant (s).

30. SEVERABILITY. Invalidation of any one of these

covenants by judgment or court order shall in no wise affect any of

the other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF, said Declarant has caused these

covenants to be executed in its name on the day and year first above

written.

JLR PROPERTIES, INC., a Georgia

Corporation

BY :

ROD WÄIGHT, PRESIDENI

Signed, sealed and delivere ATTEST:

WRIGHT, JR., SECRETARY

(CORP. SEAL):

Unofficial Witness

usa rattersen Culbertan

NOTARY PUBLIC

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000 NOTARY

LUBLIC

COMTY GEORET

Filed for record c-C-04 am/pm Recorded on 6-10-74

Sandra C. Glass, Clerk

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