Covenants

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000598

DECLARATION OF PROTECTIVE COVENANTS

FOR

OLD MILL CHASE SUBDIVISION

GEORGIA,)

OCONEE COUNTY.)

THIS DECIARATION OF PROTECTIVE COVENANTS, Made and published this

31st day of _ July .,1989, by FIRST CLASS DEVELOPMENT GROUP,

INC. of Ocoree County, Georgia.

WITNESSETH:

WHEREAS, FIRST CLASS DEVELOPMENI GROUP, INC. is the owner and

developer of property known as OLD MILL CHASE SUBDIVISION, a

residential subaivision, located in the 225th G.M.D., oconee County,

Georgia, being particularly described on a plat entitled "Survey for

old Mill Chase Subdivision", by Wallace long Hambrick, Surveyor, dated

June 16, 1989 , recorded in Plat Book 17, pages 36.. ., in

the office of Clerk of Superior Court of Oconee County, Georgia, which

plat is incorporated, herein by reference; and

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

_ Class Development Group, Inc., and to each and every party who shall

hereafter purchase or acquire a lot in said subdivision that certain

protective covenants regulating and governing the use and occupancy of

lots in said subdivision be established, set forth and declared

Covenants running with the land;

NOW, THEREFORE, for and in consideration of the premises and the

benefits to be derived, FIRST CLASS DEVELOPMENT GROUP, INC. does

hereby set up, establish, promulgate and declare the following

protective covenants to apply to the above described lands, and to

all persons or entities owning or acquiring said lots, or any of them

hereafter; and these protective covenants shall become effective

immediately and run with the land and shall be binding on all persons

or parties claiming under and through FIRST CLASS DEVEIOPMENT GROUP,

El such time as said covenants may be modified, extended or

of in part, as hereinafter provided, to-wit:

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000697 placed or permitted to remain on any lot other than 'one detached single-family dwelling not to exceed two and one-half stories in height and a private garage or carport, or gazebo. No lot or portion of a lot may be used for the location or installation of a road or roadway to adjoining property, or otherwise, without the express, written consent of the undersigned developer, and which right' is hereby exclusively reserved by the undersigned.

2. ARCHITECTURAL CONTROL. No structure or impřovement of any description shall be erected, placed or altered on any lot unless and until the construction plans and specifications thereof, and a site plat showing the location of the proposed structure on the lot have been submitted to and approved by the Architectural Control Committee, as hereinafter defined, as to quality of workmanship and materials and harmony of external design and existing grade elevation and surroundings.

3 - DWELLING QUALITY AND SIZE. No dwelling shall be construcced, erected, placed, altered or maintained on said lots consisting of less than two thousand (2,000) square feet of heated floor space. construction, erection, placement or alteration of any structure, once begun, shall be completed as expeditiously as possible. In any event, the exterior of any structure shall be completed within six (6) months of the date of issuance of the original building permit therefor by the Building Inspector of oconee county, Georgia, or his successor in title or office.

4. BUILDING LOCATION No building shall be located on a lot nearer to the street right-of-way than the minimum building setback line shown on the recorded subdivision plat nor nearer than ten (10) feet from any side line. And no building shall be located on any lot nearer than forty (40) feet to a rear property line. The Architectural Control committee shall have the authority to grant slight adjustments to the above requirements if it is found that these requirements impose an undue hardship on a property owner in locating the site for a home. Approval for any such exception must be in writing. For the purpose of these covenants, steps, carports, and open porches shall be considered as a part of a building.

5_ CARPORTS AND GARAGES. All carports and garages must be

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000696

attached to the main structure unless otherwise permitted by the

Architectural Control Committee. On any carport of garage facing the

street on which the house fronts, garage door (s) must be installed and

maintained.

EENCES. No fence or wall shall be erected, placed, or

altered on any lot nearer to any street than the rear building line of

the dwelling thereon, unless approved in writing, by the Architectural

Control Committee.

7. BASEMENTS. Easements for the installation and maintenance

of utilities and drainage facilities are reserved as shown on the

recorded plat. In addition to those easements shown on the recorded

plat, easements for installation and maintenance of utilities and

drainage facilities, including the right to trim or cut trees, if

necessary, are hereby reserved over five (5) feet of each side line of

each lot and over the rear ten (10) feet to each lot.

NUISANCE. No noxious or offensive activity shall be carried

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

may become an annoyance or nuisance to the neighborhood. An excessive

number of vehicles shall not be permanently parked on the street in

front of any lot. No mobile home, motor home, travel trailer, camper,

boat, trailer of any kind, tractor of other farm equipment, notorcycle

or inoperable vehicle shall remain on the street or parked in the

front or side yards of any lot. Such vehicle, if parked or stored on

a lot, shall be in the backyard.

Trucks, buses or any vehicle with tonnage in excess of 3/4 ton

shall not be permitted to park on the streets, driveways or lots

overnight; and no vehicle of any size which normally transports

inflammable or explosive cargo may be kept in the subdivision at any

time.

9. TEMPORARY STRUCTURES. No trailer, basement, tent, shack,

garage, detached carport, barn, or other out-building erected or

placed on any tract of land 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, at any time; nor shall any pre-

assembled, nor "g" Frane, nor factory-built structure be placed

thereon as a residence. Only conventionally constructed, permanent

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000699

dwellings shall be erected thereon, the exterior of which, including foundations, shall be brick, brick and siding, stucco, or stucco and brick, or such other similar composition as may be approved by the Architectural Control Committee.

10. CLOTHES LINES. No clothes lines, drying racks or fences used for drying clothes shall be constructed, erected or maintained nearer the front street line than the rear line of the residence constructed'on said tract of land or an extension of said rear line to the side lines of said tract of lands, and such must not be visible generally from the street.

11. SIGNS. No sign of any kind shall be displayed to the public view on any individual lot except: one professionai sign(s) of not more than one square feet, or one sign of not more than five square feet advertising the property for sale or rent; or not more than three professional signs used by a builder or Realtor to advertise the property during the construction and initial sales period. No signs shall be placed or erected at or near the entrance to the subdivision other than the existing subdivision identification sign.

12. OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.

13LIVESTOCK AND POUL . No animals, livestock, or poultry of any kind shall be housed, maintained, raised, bred, or kept on any lot, except one horse is permissible on lots of 4 aares or more and that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose. 14. SUBDIVISION ENTRANCE. First Class Development Group, Inc., its successors and assigns shall maintain the subdivision entrance, including street light utility costs and underground water sprinkler system, until such time as the same shall be delegated to a subdivision homeowners association or other organization representative of the owners of houses and/or lots in said

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subdivision.

15. GARBAGE AND REFUSE DISPOSAL. No lots shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept on any lot except in sanitary containers. All equipment for the storage of disposal of such material shall be kept in a clean and sanitary condition.

16. SUBDIVIDING OF LOTS: There shall be no sub-dividing of lots without the express, written permission of the undersigned.

17. UIILITIES. All utilities'shall be underground. No earth station satellite receiving/transmitting dish antennae or similar apparatus shall be erected or placed on any lot except at the rear of a residence and not generally visible from the street on which the house faces.

180 SIGHT DISTANCE AT INTERSECTIONS. No fence, wall,' hedge, or shrub planting which obstructs sight lines at elevations between 2 and 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 line and a line connecting them at points 25 feet from the intersection of the street lines; or in the case of a rounded property corner, such points being 25 feet from the intersection of the street property line with the edge of a driveway.

19. SEWAGE DISPOSAL. No individual sewage-disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the Georgia Department of Public Health and the oconee County, Georgia, Health Department. Approval of such systems, as installed, shall be obtained from such authorities.

20ARCHITECTURAL CONTROL COMMITTEE.

(A) MEMBERSHIP. The Architectural Control Committee shall be composed of First Class Development Group, Inc. which hereby reserves the right to designate one or more representatives to act on behalf of or in the place of it.

A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining member (s) shall have full authority to designate a successor. Neither the members of the committee, nor its

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00040₴

designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power, through a duly written instrument, to change the membership of the committee or to restore to it any of its powers and duties.

(B) PROCEDURE. The Committee's approval or disapproval as required in these covenants shall be in writing. Should the committee, or its designated representative, fail to approve or disapprove, within 30 days after the plans and specifications and proposed site location have been submitted to it, or in any event, if no suit to enjoin construction has been commenced prior to the completion thereof, approval will not be required, and the related covenant (s) shall be deemed to have been fully complied with.

21. TERM. These covenants are to run with thei land and shall be binding on all parties and persons claiming under then for a period of twenty-five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless and until an instrument signed by a majority of the then record owners of said lots (calculated on the basis of one lot, one yote) has been recorded, agreeing to change said covenants in whole or in part.

22ENFORCEMENT. Should any owner or other party having an interest in any property within said subdivision violate or attempt to violate any of the covenants herein, it shall be lawful for any other owner of any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the party violating or attempting to violate any such covenant, and either to prevent such violation or attempted violation or to recover damages or other dues for such violation.

23SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any other provisions, all of which shall remain of full force and effect.

24. These restrictions, covenants and conditions shall apply only to the property described above as Old Mill chase Subdivision, as shown on the above referenced plat, and no other. No representations or warranties are made with respect to development of any other

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000402

property owned by First Class Development Group, Inc. in Oconee

County, Georgia, or elsewhere; the right being expressly reserved by

First Class Development Group, Inc., its successors and assigns, to

develop any property other than the specific lots and portions of

lots referred to herein in any nanner it, in its sole discretion,

may choose or deem proper.

IN WITNESS WHEREOF, First Class Development Group, Inc. acting by

and through its duly appointed officers, has hereunto set its hand and

seal the year and day first above written.

FIRST CLASS DEVELOPMENT GROUP,

Ted C. Wilkes

Ted C. Wilkes? esiden!

Attest! Gregory B. Young

delivered

Filed for record 7-31-89 4:4.4 PM..:

8-2-89

Recorded_ Sandra C. Glass, Clerk

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107/103

000103 OCONE CAC. NTY: GA.

Clerk, Superio

FILED FOR RECORD. 3:3 0 0000 (PM)

STATE OF GEORGIA Feb. 2. 1082_AND RECORDED

IN BOOKK 07 PAGEN:

COUNTY OF OCONEE

ON

OLD MILL CHASE

WATER SERVICE AGREEMENT

THIS AGREEMENT, made and entered into this . day of

1989, and between FIRST CLASS DEVELOPMENT GROUP,

Januara Georgia corporation wite. INC., offices in Oconee County,

Georgia, of first part, hereinafter called "Consumer", and

NORTH GEORGIA WATER SYSTEMS, INC... a Georgia Corporation with

offices in the County of Oconee and State of. Georgia, of the

second part, hereinafter called "North Georgia Water' Systems"

WITNESSED:

WHEREAS, Consumer is the sole fee simple owner of the

following described property:

Approximately 35 lots in Old Mill Chase Subãivision, Oconee

county, Georgia, on property described as follows:

A11 those contiguous tracts or parcels of land,

containing a total of 102.652 acres,

and

225th G.M.D., Oconee County, Georgia, being designated Tract I and

Tract II1, on a plat thereor entitled "Survey for Charlie L

Nalker & Kathleen W. Little" by Ray N. Woods, Surveyor, dated July

1s in the iced under of superior dirt Copay,

4yy/reference which plat is herby incorporated into this descriptiontby

and made a part hereof.

are/ thos

being designated

plat

This being a part of the lands conveyed to Charles L. Walker,

II and Kathleen W. Little by Frankie Bell Rucker Smith by Warranty

Deed dated May 18, 1987Řšę recorded in Deed Book 90, page 375,

said Clerk's Office; and includes the lands conveyed to Charles I.

Walker and Kathleen W. Little by Mis. Anne. Ruth Crawford by

Warranty Deed 1987, recorded in Deed Book 91,

This being the same property

Pao. by warranty bao faced Agit 15, 16, recorded in the Duet

Records in said Clerk's Office.

WHEREAS, North Georgia Water Systems is in the water supply

business and is willing to enter into an agreement with Consumer

to construct a well, and install pumping in the above named equipment and other

facilities for a community water system

subãivision and Consumer desires such agreement; and

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000104

WHEREAS, Consumer is in the process of developing said subdivision and plans to sell lots and houses within the same, and is willing convey at its expense to North Georgia Water Systems plots on which the necessary wells and storage are to be located and permanent easements for. the distribution systems; and

WHEREAS, the parties hereto desire that the benefits and obligations consumer run with the land described above and inure to the benefits of their successors in title;

NOW. THEREFORE, for an in consideration of the mutual benefit to be derived herefrom the promises hereinafter made and the sum of ONE DOLLAR ($1.00) paid by the Consumer to North Georgia Water Systems, the parties agree as follows:

North Georgia Water Systems agrees to drill and construct necessary wells, pumping equipment, storage facilities, and other facilities, install water pipe lines, and do such other thing or things needful and necessary to develop a community water system serving lots in the above named anã described subdivision, subject to applicable State regulations governing the same.

2-

Consumer agrees at its expense to convey to North Georgia Water Systems well lots as are reasonably necessary for all pumping and storage facilities, each such lot being at least 50 feet square, together with necessary perpetual easements of egress and ingress to such well lots, and perpetual easements for service purposes along and over the 5 either side of the distribution pipes which are to be laid within the rights-of-way the roads the subdivision. Such conveyances shall be by general warranty deed at North Georgia Water Systems' demand. The parties agree and understand that at the time of this Agreement that it is unknown where it may be necessary to locate the required wells in order to obtain a sufficient source of water, such item being. dependent upon where water can be located and in what amounts; therefore, it is agreed that the professional judgment of North Georgia Water Systems will be the determining factor as location and number of reasonably necessary wells. However, it is agreed that the location of such well lots will front on one of the streets in said subdivision or shall not be located more than 50 feet from one of the streets. Consumer further agrees to build or construct at its expense a minimum of a twelve by twenty foot (12' × 20') well house (or larger as is necessary to house the well pump and storage tank) with foundation, over each well used for purposes of furnishing water to the system herein contemplated. (Noxth Georgia Water Systems shall be responsible for the pouring and cost of the concrete pad within said well houses.)

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3 -

It is agreed that the initial lots to which the system shall

be constructed to furnish water will be Lots 1 through 35,

inclusive; however, in the future the named Consumer may specify

in writing to North Georgia Water Systems which lots shall

constitute the next stage of system development, if any, and North

Georgia Water thereafter install and expand the

system to the specified lots pursuant to the terms. and conditions

herein contained; provided, shail not be less the s that the group of lots so

specified in numbex at any time and

shall be and be consecutive or contiguous to one another.

4.

(a) Consumer agrees to pay North Georgia Water Systems the

sum of Thirty Thousand Dollars ($30,000.00) for the system

construction for the initial 35 lots. Such amount will be paid as

follows: $15,000.00 when the wells are completed and $15,000.00

when the distribution system is completed all cost of any and all In addition, Consumez

shail be solely responsible for any and

rock removal in the construction of the distribution system by

separate agreement and payment to any subcontractor used by North

Georgia Water Systems in the digging of the trenches and placement

of the lines.

(b) After initial system construction for the lots numbered

1 through 35, Consumer shall pay North Georgia Water Systems for

future development of the system an amount equal to the greater of

$875.00 perł lot or the s um equivalent to the purchasing power as

and every stage of

Such equivalent shall be determined by

"Ai plus the Items "percentage increase (expressed

of the index number in the Consumer

published for the months next preceding the requested

development over the corresponding index number for the month of

January, 1989. The Consumer Price Index referred to is the latest

revision published by the Bureau of Labox Statistics, United

States Department of Labor. If the Bureau of Labor Statistics

changes the form of calculations or discontinues the Consumer

Price Index,

notally agrocle to the parties pad be teet such nax shall of the Federal government

appropriately adjust to reflect the increase in purchasing

over January 1, 1989. In addition, if rock is encountered in the

digging trenches for additional lines for such expansion,

Consumer shall be totally responsible for any any all cost of such

rock removal.

5.

North Georgia Water Systems, its successors and assigns,

covenants and agrees to furnish water under adequate pressure and

in adequate amount ior normal household usage to the aforesaid

property of the consumer, and to continuously furnish the same

unless and until the operation of said system is surrendered by

North Georgia Water Systems, its successors or assigns, to a

municipality, or other governmental agency or authority, or public

utility or private entity in such business.

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00010G

North Georgia Water Systems covenants and agrees that he will install water pipe lines (main lines) within the right-of-way of the street of the above described subdivision. Consumer (which term shall also include successors in title to the Consumer/ Developer named above) shall install, at its expense, service lines for houses on subject lots from the meter boxes to the individual lots and houses. Before water shall be furnished by North Georgia Water Systems to any lot, the Consumer owning said lot shall pay North Georgia Water Systems the fees prescribed in Paragraph 7 and 8 hereafter.

7.

There shall be a tap fee of $300.00 per lot to which permanent service is made. Each Consumer agrees to pay North Georgia Water Systems such fee for each such connection to the water system running onto each of his individual lots. North Georgia Water Systems shall have the right to deny and prevent any connection to the water system from being made unless and until such fee is paid. This fee, shall apply to each individual Consumer, and to each individual lot, as to his own property, and shall not be the responsibility of any other Consumer (s). This fee is one-time and non-refundable.

8_

(a) Consumer further agrees to pay North Georgia Water Systems a non-refundable, non-transferable processing fee of Ten Dollars ($10.00) per lot or living unit upon water service being furnished to such individual Consumer by North Georgia Water systems. Such fee to be used to defray a part of the administrative cost of establishing the individual Consumer's Tote to 0 ansfer 10, Rape or cera pite 162000) refundable' living unit upon water service being furnished to vech individual Consumer by North Georgia Water Systems. In the event that said Consumer discontinues the service or is discontinued for cause by North Georgia Water Systems (see Paragraph 9) said deposit shall be used by North Georgia Water Systems to reimburse North Georgia Water Systems for its services and/or fees owed by said Consumer; the remainder, if any shall be paid by North Georgia Water Systems to said Consumer on demand.

consumer agrees to pay North Georgia Water Systems for the water consumed on his premises the minimum sum of $10.00 per nonth per Worth Georgia Water Systems shall have the right to install a meter on any lot, at the North Georgia Water Systems' expense, and charge a $10.00 monthly bill for the first 3,000 gallons of water consumed and an additional charge for water in excess of 3,000 gallons not to exceed the highest rate charged at the time such fee becomes effective charged for such amounts by any municipality

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(rin city" rates only) within a 50 mile radius of said

subdivorth Georgia Water systems shall have the right to change

the minimum rate and additional rates from time to time but agrees

that such rate shall not be changed to a rate higher than the

highest rate charged by any town or municipality within a 50 mile

radius of said subdivision.

North Georgia Water Systems shall bill Consumer for said

water at least quarterly and not more often than monthly, and

Consumer agrees to pay for said water within 10 days after the

cons for the same is submitted, and further agrees thatif any such should he

fail to do 50' 15. water service may be discontinued.

disconnection required Consumer agrees to pay North Georgia

Water Systems a disconnect fee of $25.00. In the event that water

service is so discontinued, North Georgia Water Systems shall not

be obligated to resume such water service unless and until

Consumer has paid all past due water bills plus a $25.00 service

charge for reconnection service.

10-

The benefits and obligations of Consumer under this Agreement

shail run with the lots described in the subdivision above. This

Agreement shall bind and benefit North Georgia Water Systems and

the Consumer above named, their successors and assigns. This

Agreement shall expire 40 years from date hereof.

11.

from or

properties as North Georgia Water Systems may deem proper, as long

as North Georgia Water Systems complies with the terms of this

Agreement. Further, North Georgia Water Systems may transfer the

said water system and this Agreement to another legal entity at

will.

12-

Where used herein, "Consumer" means not only the individual

named and identified above, but each and every successor in title

to each lot in said subdivision, more especially each and every

owner of a lot in said subdivision.

enlarge upon one it it of for care ate estee to

any member of his family or any

peter person, and North ceorgia water systems shail be liable for

injuries only if negligent and such negligence shall be

letermined without regard to the provisions of this Agreement.

North Georgia Water Systems agrees to allow such inspection of its

system as be required by law by the State and County Health

sygatements, if the said Departments deem the same necessary.

14.

outlined in this agreement, water wells shall be dried, bored There is hereafter a restriction and covenant that,

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000106

or otherwise constructed on any of subject property at any time within 20 years from date hereof by Consumer or its successors in title, without the specific written consent of North Georgia Water Systems its successors or assigns, in advance such construction. Such consent may be given at North Georgia Water Systems sole discretion and may be withheld without cause.

IN WITNESS WHEREOF, the parties have set their hands and affixed their seals the day, month and year first above mentioned.

FIRST CLASS DEVELOPMENT

GROUP, INC. (Consumer)

(attach corporate seal)

By: led C President Wilker

Attest:

Secretary

Signed, sealed and delivered

before me

NORTH GEORGIA WATER SYSTEMS, INC. (North Georgia Water Systems) (attach corporate seal)

Kober

resident

LU

gned, me. sealed and

Alterine

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