Covenants & Plat
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! .• 02 SEP20 ~jd{: 25 ~JS 0( IO~C)17 );"!,;~~~~?:~;~&- STATE OF GEORGIA COUNTY OF OCONEE DECLARATION OF PROTECTIVE COVENANTS FOR PLANTERS RIDGE SUBDIVISION This Indenture is made and entered into th~~a.y of August, 2002, by R. H. Garrett, Jr., herein "Declarant";
WITNESSETH,
Whereas, Declarant is the owner of certain real property situate in Oconee County, Georgia, andmore particularly described on Exhibit A, attachedhereto and incorporated herein by reference, herein "Property"; and Whereas, the Declarant is the owner of the development mown as Planters Ridge Subdivision; and Whereas, it is to the benefit of all who purchase any of the Property for a common scheme of development and restrictive covenants to be recorded;
Now Therefore, the Declarant hereby declares that all the Property shall be held, sold and conveyed subject to this Declaration of Covenants, herein "Declaration," which is for the purpose of enhancing and protecting the desirability and attractiveness of and which shall run with, the Property and being binding on all parties having anyright title or interest in the Property or any part· thereof and shall, subject to the limitations herein provided, inure to the bendfit of each owner, his !r heirs, grantees, distributees, successors and assigns and to the benefit of~Y property owners f association set up hereunder.
Article 1.
LAND USE RESTRICTIONS
The Property, and each lot, herein "Lot," shown on the plat described on Exhibit A shall be subject to each of the following land use restrictions.
A. Each Lotmust be used forresidential purposes only andno noxious or offensive activities -
006151 00211 ., n~G0211 shall be maintained thereon, Each such lot is sold as and shall be used as a single residential lot;
provided however, a Lot or any portion thereof may be added to or co~bined with another Lot or ;,,;ii.II!,_ !il.
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•~:. portion of another Lot so as to form a single residential building lot. The right to combine Lots or ,~:'~ ' portions of Lots shall not be construed to grant the right to re-subdivide Lots into a greater number of Lots.
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B. No structure shall be~n;cted, altered, placed or permitted to remain on any Lot other than . t .1 one detached single f~mily dwelling constructed and maintained for the use and occupancy of a { single family unit and p,rtvate garage for not more than three cars and other outbuildings customarily , .
used in connection with and incidental to a single family dwelling. No garage doors shall face any street.
C. No building shall be erected on any Lot which is more than two stories high on the side of such dwelling which fronts the street. A comer lot shall be considered to front only the street so -- designated on the approved plans.
D.No temporary structures shall be permitted on any LoJ.
E. No clothes line, drying racks or fences used for-drying clothes shall be constructed or maintained on any Lot.
F. No exposed above-ground tanks will be permitted for the storage of fuel, water or for any other use.
G. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the road-ways shall be placed or permitted to remain on any comer Lot within - , the triangular area fanned by the street property lines and a line connecting them at points twenty- five (25) feet from the intersection of the street property lines extended, and no tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
H. Fences and walls shall conform architecturally to the principal dwelling on any Lot, shall be located only in an area in the rear of the residence and shall be approved by the Architectural Control Committee prior to construction.
I. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on said lot, except that dogs, cats and other" household pet may be kept, provided they are not kept, bred or maintained for commercial purposes.
J. The purchaser of a Lot assumes the responsibility for its maintenance, and agrees to
006151 00212 maintain same in a neat, orderly and clean state; there shall be no outdoor storage of boats, motorhomes, appliances, inoperative motor vehicles, junk cars or other items without prior approval of the Architectural Control Committee; no Lots are to be used or maintained as a dumping ground for rubbish, trash, garbage or waste and all garbage containers must be kept in a neat, orderly fashion, generally hidden from sight.
K. Exterior antennas for television, radio or any type of transmission shall be placed at the rear of the residence or behind the chimney so as to be unobtrusive; no microwave receiving dishes or other similar equipment may be erected without approval from the Architectural Control Committee. No such equipment which interferes with normal television or radio reception will be permitted.
L. Mailbox design. and type shall be subject to the approval of the Architectural Control r Committee.
M. The front yard of all lots shall be sodded. Sad shall extend across the front yard of each lot from side boundary line to side boundary line.
N. There shall be.no signs of anykind on any Lot, except one professional sign of not more than more than one square foot, one sign of not more than five 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.
Article 2.
ARCHITECTURALCONTROLCOMlliflTTEE
1. Establishment. An Architectural Control Committee, herein "ACC;" shall be establishing consisting of one or more individuals to be appointed by the Declarant. The initial Architectural Control Committee shall be composed ofR.H. Garrett, Jr .. The Declarant reserves the exclusive right to appoint other members or successor members to the Architectural C~ntrol Committee until !
i such time as the Declarant has sold all of its lots that are subject to this Declaration, !j:.
2. Purpose and Duties. The purpose of the ACC is to revie1 and approve or disapprove any proposed installation, construction or alteration of any structure, including outbuildings, on any Lot.
All plans must be submitted to the ACC for approvals (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of the subdivision as a whole and (ii) as to the location of any such structure with respect to topography, finished ground elevation and
CCD0213
surrounding structures.
To the extent necessary to carry out such purpose, the ACC shall have all ofthe powers and duties to do each and everything necessary, suitable, c~nt or proper for or in connection with or incidental to the accomplishment of such purposes including, without being limited to, the power and duty to approve or disapprove plans with specifications for any installation, construction or alteration of any structure oJany Lot.
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3. Submissi?n of Plans and Specifications. No structure shall be commenced, erected, / placed, moved onto Orpermitted to remain on any Lot nor shall any existing structure upon any Lot be altered in any material manner unless the plans and specifications shall have been submitted to and approved in writing by the ACe. Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the ACC, including without limitation:
(a) A site plan showing the location of all proposed and existing structures on the Lot, including building setbacks, open space, driveways, walkways and parking spaces and siltation and erosion control measures;
(b) A floor plan;
(c) specifications andmaterials, color scheme, lighting scheme and other details affecting the exterior appearances of all proposed structures and alterations to existing structures; and
(d) plans for landscaping and grading.
4. Approval or Disapproval. After review of the plans, the ACC shall either approve or disapprove same and notify the person requesting such approval of its decision. This may be based upon any of the following:
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(a) failure to include information in such plans and specifications as may have been requested;
(b) the failure of such plans or specifications to comply with this Declaration;
(c) any other matter which in the judgment of the ACe would be likely to cause the proposed installation, construction or alteration of a structure: (i) to fail to be in conformity and harmony or external design and general quality with the other structures on the Property or (ii) as to the location, .
to be incompatible with the topography, finished ground elevation and surrounding structures.
Notification shall be made in writing. The ACC shall act within 30 days ofthe request for approval or disapproval. Failure by the ACe to take action within 30 days shall constitute approval of same.
00615' 00214 '~ rI:n" 1t ' < ..
..'1.) U "- q Article 3.
WANERS
The Declarant shall have the right to establish such further covenants and restrictions as it may deem desirable to promote the purposes of this Declaration, including the right to modify or delete existing provisions. Such powers shall include the right to waive such violations of this Declaration or any matter set out on the plat attached hereto, including, without limitation, the setback lines, as it determines do not unreasonably affect the Property. Such action must be approved by the ACC, but otherwise shall be in the sole and absolute discretion of Declarant and shall be final.
Article 4.
ENFORCEMENT AND VALIDITY
./ This Declaration shall inure to the benefit of and shall be enforceable by the Declarant so long as it owns any of the Property and each owner or his legal representatives, heirs, successors or assigns.
Should any portion of this Declaration be declared unconstitutional or invalid such ruling shall not effect or impair the validity of the remainder of the Declaration as a whole or any part thereof other than the part so declared-to be unconstitutionaJ or invalid, and the Declarant hereby states it would have adopted the remainder of this Declaration despite such invalid provisions.
Article 5.
AMENDMENT AND DURATION
A. Duration. The provisions of this Declaration shall run with and bind the land and shall be and remain in effect fOTtwenty years from the date hereof and shall no! be renewed by operation of law,
B. Amendment. This Declaration maybe amended unilaterally bYjthe Declarant: (i) if such , , amendment is necessary to bring any provision hereof into complianbe with any applicable government statute, rule or regulation or judicial determination wl{ich shall be in conflict therewith;
h \ (ii) if such amendment is necessary to enable any title insurance camp any which is a member of the American Land Title Association to issue title insurance coverage with respect to the lots subj ect to the covenants; (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans to enable such lender or purchaser to make or purchase mortgage loans on the lots subject to these covenants; (iv) if such amendment is necessary to enable any
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governmental agency such as the Veterans Administration or reputable private mortgage insurance company to insure mortgage loans on the lots subj ect to this Declaration, provided such amendment shall not adversely affect thetitle to any owner's Lot without consent. Thesecovenants may also be amended at any time and from time to time by an Agreement signed by at least 75% of the owners of the Lots; provided however, such amendment by the owners shall not be effective unless also \ signed by the Declarant, if the D~clarant is the owner 0f any real property subj ect to this Declaration.
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Such amendments must be in writing and recorded in the Office ofthe Clerk of the Superior Court of Oconee County, Georgia, to be effective.
In Witness Whereof, the Declarant has caused this Dec1arationto be duly executed and sealed the day and year first written above.
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(SEAL)
__ Signed, sealed and delivered in the presence of:
/ / The within and foregoing owner hereby approves the aforementioned protective covenants and agrees to be bound by same.
CALI,AWAYREALTY &DEVELOPMENT,lNC.
- BY'~),u~~WILLIAM J:CALAY,PTeSicien ATTEST: ~JAr/~~- PAUL M. LAMBERT, Secretary
00615
00216
0000216ÍŘš
plat 32/22ęŚ
EXHIBIT A
10% MAINTENANCE UTILITIES
I hereby cartily that acceptable security in the amount
or 1/ 13,000.00 _hes boon rochivad in casure
required maintenance for a pariod of 1 year for the
waler lina and/ar sawer system installad in the rubdlvision
plat altached harcio in the event of default by tha
developar, In accordance with the requirements of the
MAGNETIC NORTH
DANIEL ROWDEN
064.05•
172.50* 20% MAINTENANCE RIGHT OF WAY
162.39 bataby centity that accoplabla scouly In the cutou octed maintenance for a pared el 2 yea vita the right of way of the suboatsten plat shached hum In the avent of default by the developer, in secordense with the raquirements of the land suedivision regulation
8/27%
32..
8-29-01 20 AT 5:26
ROBERT NORRIS
munity of
Motion system
• ind/ur the
lias in the sub-
division plai a Co. Utility Departmen
VS AON ADO
REVISED JUNE 19, 2001
REVISED OCTOBER 18, 2000
LEGEND
HI903 26°7
"ETE DICKENS ROAD -BO' R/W
TRANSCONTINENTAL PIPELINE
SURVEY FOR
PLANTERS RIDGE SUBDIVISION SURVEY NOTES DCOHEE cuD: 210 TATATE GEORGIA
JAH. 28. 2000 SONE: 1°-100 PM. AT.
DUSTED BY LEAST SOUARE 22447-
22407 19-0
006.15 0000217 00217
plat 37/226
URYE RABJU: KEENELAND SUBDIVISION
Ại Nune OLeca-
Ric
(YJOWNER: HAROLI 1451
(2) SURYE YOR: BE1
PETE DICK
GEORG 14
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Bane tre leay
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00092/ 0084824
0•00092
RUSSELL T. QUARTERMAN, P.Č.
1671 Meriweather Drive, Sulte 103 606 92 Bogart, GA 30822
01 15476 5-8-03
STATE OF GEORGIA
COUNTY OF OCONEE
AMENDMENT TO THE DECLARATION
OF PROTECTIVE COVENANTS FOR PLANTERS RIDGE SUBDIVISION
RECORDED AT DEED BOOK / 5, PAGE 2 / 0
OCONEE COUNTY, GEORGIA RECORDS
Pursuant to Article 5 ofthe aforementioned Declaration, the Undersigned Declarant who owns
more than 75% ofLots in Planters Ridge Subdivision hereby amends the Protective Covenants of Planters
Ridge Subdivision as follows:
1.
Article I, Paragraph A shall be amended to add the following:
All residences in Planters Ridge subdivision must contain a minimum of 2400 square feet ofheated
living space, excluding basements.
2.
Article 1, Paragraph M shall be amended to add the following:
At least one (1) tree shall be planted adjacent to the street in the front yard of each residence. The
location and type of said tree shall be set forth on the site plan referred to herein.
3.
Article 2, Paragraph 1 is amended to add Patricia G. Bernstein as a member ofthe Architectural
Control Committee.
Except as specifically provided hereinabove the Declaration of Protective Covenants for Planters
Ridge Subdivision shall remain the same.
Signed, sealed and delivered
2.4. 6004
Olane IT. GARRETT, Jr., Deckant