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