Covenants
Se Best 138p156
GEORGIA, OCONEE COUNTY
OUTLINE OF PROTECTIVE COVENANTS FOR OCONEE FOREST SUBDIVISION
THIS DECLARATION OF PROTECTIVE COVENINDY TREE D VELOPMENT day of February, DEVELOPMENT
CORPORATION, a Georgia Corporation with offices in Oconee County,
WITNESSETH:
(hereinafter called CREEK DEVELOPMENT CORPORATION is the
of North High Shoals-Watkinsville Road in the 221st District, G.M., FOREST SUBDIVISION, a Subdivision located off the southwestern side
and containing twenty-four
the blow on pat of souvey he ever we a Pat or cone forest as shown on a plat of survey entitled
18, 1990, and recorded in Plat Book 17, page 228 in the office of prepared by Seaton G. Shepherd, Jr., R.L.S., dated October
the Clerk of the Supeior Court of Oconee County, Georgia. which
into this instrument and made a part hereof by reference thereto; said plat of survey and the record thereof are hereby incorporated
Owner, and each and every person who shall hereafter purchase or WHEREAS it is to the interest, benefit and advantage of said
acquire subdivision,
same covenants regulating and governing established, and occupancy of the
running with the land; and set forth, and be
Nener THEREFORE, for and in consideration of the premises and said Owner does
derived' declare
covenants to apply to all of said lots, and to all persons owning lots, or any of them hereafter;
shall become effective immediately and run with the land and shall these protective covenants
be binding on all persons claiming under and through said Owner
terminated in whole or in part as hereinafter provided, to-wit:
individual lots may not be subdivided, except with the specific
written consent of the Architectural Control Committee (hereinafter
or lots owned by it for additional roads, streets or drives (public reserves unto itself the right to use all or a portion of any lot
or private) and/or for use of utility purposes.
remain on any tract or lot conveyed other than one single family No structure shall be erected, altered, placed or permitted to
in connection with and incidental to a single family awelling: unit and private garage, and other out-buildings customarily used
less than one thousand three hundred (1,300) square feet of heated No dwelling shall be constructed or maintained consisting of
floor space, and further no such dwelling shall have less than nine
heated floor space on the ground
than the set-back lines shown on said plat of survey. No dwelling or building shall be erected closer to the streets 1308
5. 130/ No trailer or mobile home, motor home, tent, shack, garage,
000308
detached carport, barn or other out-buildings erected on a lot
shall be used as a, re$ja¢‹ą) temporary or permanent, nor shall any
structure of a temporary character be used as a residence. NO
trailer, motor home or other like vehicle be covered with temporary
covers if kept upon the premises, but if stored in a shelter, the
same shall be permanent in character and meet with the approval of
No garage, detached carport, barnor oth wont be quality of that does not conform with the quality
materials, harmony of external design with existing
structures. and with regard to location with respect to topography
and finish grade elevation; all residences shall have 2-car garages
with television or
other antenna exposed to view without the prior written consent of
the Artitectural Control Committee; all mailboxes shall conform to
the mailboxes then existing in the subdivision.
Chain link or similar fencing may not extend beyond front
corners of the dwelling unit;
Maintenance easements are reserved along all property which
border on or are adjacent to creeks and spillways and the drainage
easement on said plat of is hereby reserved
drainage purposes;
All house plans, and plans for any detached structure, must be
approved by an Architectural Control Committee as to conformity to
the architectural requirements hereof and one copy shall be filed
prior to any construction on any lot.
Architectural Control Committee shall be composed of such persons
to time, appointed by Windy Creek Development
Corporation (Owner) or its designee,
right to designate the Property Owner's Association (hereinafter
established) as the body to make such appointments.
No buildings shall have concrete blocks as an exposed finished
material. Concrete blocks may be used only as foundations or for
basements and must not be a part of the visible exterior of
residence above ground level;
No animals, livestock, or poultry of any kind shall be housed,
raised or kept on a lot, except domestic household pets.
anything which may
annoyance to the neighborhood.
No signs or any kind shall be displayed to the public view on
any lot one professional sign of not more than one
advertising the property during the construction and sales period
will be allowed.
No lot shall be used or maintained as a dumping ground for
rubbish, trash, garbage or other waste; and trash or garbage stored
on premises temporarily shall be kept in sanitary containers.
Incinerators or the equipment for the storage or disposal of such
material shall be kept in a clean sanitary condition.
Basements for installation and maintenance of utilities and
drainage facilities are reserved and may be used as needed.
000: 1-
Windy Creek Development Corporation, its owners, successors, r grantees are hereby relieved from any and all liability of an' ype or any cause of action of any nature whatsoever for the uselo! said property that may arise from the use of same.
All dwellings shall have complete masonry foundations or brick veneer; piers are not acceptable foundations in themselves.
18.
Driveways shall be of either concrete or asphalt and shall be completed at time of occupancy.
19.
There is hereby created a Property Owner's Association, with the owner of each individual lot being a member thereof and haveing one vote for each lot owned in the subdivision. The said Association shall be responsible for the upkeep of the entrance ways to the subdivision street! hithe wens of lots in the subdivision. Said Association may assess the owner of each lot an amount equal to one twenty-fourth (1/24th) of the cost of such maintenance (1.e. - the cost of the electricity for the street lighting, maintenance of subdivision entrance and signs, etc.) on . a monthly, quarterly, semi-annual or yearly basis, either on an actual-expenses-incurred or on an estimated-expenses-to-be-incurred basis (cost for such electricity shall not exceet $60.00 per lot per year for the two years immediately after the filing of thes Covenants) . Such Association shall establish its own by-laws, elect its own directors and officers, may incorporate, and shall meet at least yearly. Said Association, at the sole discretion of the Owner (Windy Creek Development Corporation), may hereafter be designated (and shall accept if so designated) as the entity appoint the Architectural Control Committee hereinbefore created.
20.
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, after which shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of lands subject hereto has beer recorded agreeing to change said covenants in whole or in part.
Enforcement shall be by proceedings in law and/or
against any person or persons violating or attempting to violate or to recover damages.
Invalidation of any one of 2F these covenants by Judgmentons, Court order shall in no way affect any of the other provisions, which said provisions shall remain in full force and effect.
WITNESS Development Corporation has caused its officers to affix its seal and by their hands the corporation has executed the same, the day, month and first above written.
WINDY CREEK DEVELOPMENT CORPORATION
5r 2-13-19912:40 PM (Corporate Seal)
By : _ ¡Pree. Attest:. the son.. Ast sec: Signed, sealed and delivered
the presence of:
•c0s 2-15-1991 si Harno
Landie C Class Clark
My comPosion ice county, Georgia Notary Public,
(Affix.N...P. Seal)
000106
REFERENCE: OUTLINE OF PROTECTIVE COVENANTS FOR OCONEE FOREST
SUBDIVISION, dated February 11, 1991, and filed in Deed Book 130,
pages 308-310 in the Office of the Clerk of the Superior Court of
Oconce County, Georgia.
GEORGIA, OCONEE COUNTY.
AMENDMENT TO OUTLINE OF PROTECTIVE COVENANTS
FOR OCONEE FOREST SUBDIVISION
THIS AMENDMENT is made and by WINDY CREEK DEVELOPMENT Purished this 14th day of May,
CORPORATION and CUSTOM BROKERS,
Georgia Corporations, to the OUTLINE OF PROTECTIVE COVENANTS FOR
OCONEE FOREST SUBDIVISION, dated February 11, 1991, and filed in
Deed Book 130, pages 308-310 in the Office of
Superior Court of Oconee County, Georgia:
WITNESSETH:
WHEREAS, the said Windy Creek Ocvolopment Corporation and the said Custos Brokers, Inc., own all
of tho lots and property known as Oconce Forest Subdivision as shown by s plat of survey thereaf entitled:
"Final Plat for Oconce Sorest S/0", prepared by Seaton G. Shopherd, Jr. R.L.S., dated October 18, 1990, and
recorded in Plat Book 17, page 228 in the Office of the Clerk of the Suporior Court of Oconge County, Georgis,
which said plat of survey and the record thereof are hereby incorporated herein and made a part hereaf by reference thereto; and
WHEREAS, the said Windy Creek Devclopment Corporation filed certain protective Covenants on said
property entitled "OUTLINE OF PROTECTIVE COVENANTS FOR OCONEE FOREST SUBOIVISION", dated February 11, 1991, and
filed in Deed Book 130, pages 308-310 in the Office of the Clerk of the Superior Court of Oconee County,
Georgia, which said Covenants and the record thereof are hereby incorporated heroin and made a part horeof by reference thereto; and
WHEREAS, the parties wish to amend said Covenants, more especially paragraph numbered 3 thereof,
to reduce the required number of square feet of hosted floor space on the ground floor in each dwelling:
NOW, THEREFORE, for and in consideration of the premises and
the benefits derived by each party, said Owners do hereby
amend, set up. promulgate, establish and declare the said
Protective Covenants amended by deleting the words "nine hundred
(900)" in paragraph numbered 3 of said Covenants and substituting in lieu
thereof the words "seven hundred (700)" do that said
paragraph 3 shall hereafter read:
*3.
"No dwelling shall be constructed or maintained consisting of less than one thousand three hundred
(1,300) square teet of heated floor space, and turther no such dwelling shall have less than seen hundred (100)
square toot of heated floor space on the ground floor."
in said Outline of All remaining provisions, paragraphs and covenants contained
Protective Covenant are not changed hereby but
are reaffirmed, reestablished and redeclared.
officers IN WITNESS WHEREOF the parties have caused their respective to
corporate seals and by their hands the
corporations have executed the same, the day, month and year above written.
WINDY CREEK DEVELOPMENT CORP
OCONEE COUNTY, GA. SANDRA C. GLASS (Corporate Seal)
Clark, Superior Court aMur
FILED FOR RECORD. 9 00 -LAM) (PM)
DOC 12, 10TL AND RECORDED Toesn
IN BOOKH_13A ATTEST
-PAGE#
ON.
CLERK SC CUSTOM BROKERS, INC. (Col *te Seal
Signed, sealed and delivered Cuetos
in the presence of:
Sandra C. Glass. Clar
Linds Bourne Filed for Record
Recorded.
Notary Public, Ocores Chunty, Genrela