Covenants

Page 1

000309 see Book 99p. 738-740

GEORGIA, OCONEE COUNTY.

DECLARATION OF PROTECTIVE COVENANTS

FOR

RIVER FARMS

BY: G. A. NASWORTHY, JR.

THIS DECLARATION OF PROTECTIVE COVENANTS, Made and published this _17th day of June, 1986, by G. A. NASWORTHY, JR., of Oconee County, Georgia, hereinafter referred to as "Owner";

WITNESSETH:

THAT, WHEREAS, the said G. A. NASWORTHY, JR. (Owner) owns certain property known as River Farms, a subdivision consisting of 18 lots located on the northerly side of Barnett Shoals Road in the 225th District, G.M., Oconee County, Georgia; being particularly described on a plat entitled "Plat for River Farms" by Ray N. Woods, Surveyor, dated May 19, 1986, recorded at Plat Book 9, page 286, in the office of the Clerk of Superior Court of Oconee County, Georgia; and

WHEREAS, it is to the interest, benefit and advantage of said Owner and to each and every party who shall hereafter purchase a lot in said subdivision that certain protective covenants regulating and governing the use and occupancy of the lots in said subdivision be established, set forth and be declared covenants running with the land.

NOW THEREFORE, for and in consideration of the premises and of the benefits to be derived, Owner does hereby set up, establish, promulgate and declare the following protective covenants to apply to the said 18 lots of said subdivision described on the aforesaid plat, and to all persons owning 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 or through said owner until such time said covenants may be modified, extended or terminated in whole or in part as hereinafter provided, to-wit:

181509

Page 2

1.

LAND USE

Said lots shall be used for single-family residential purposes only and accessory uses compatible with a residential subdivision that are not inconsistent or otherwise precluded by these covenants or the Oconee County Zoning Regulations.

2.

SUBDIVISION OF LOTS

Individual lots may not be subdivided so as to increase the density of dwellings within said subdivision.

3.

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 site plan showing the location of the proposed structure on the lot have been submitted to and approved by the Architectural and Control Committee. Plans must include:

(A) Foundation plan;

(B) Floor plans and elevations;

(C) Driveway and walkway plans;

(D) Exterior plans showing the exterior surfaces and color schemes; .

(E) Site plan;

(F) Landscaping plan.

In approving or disapproving the plans, the Committee shall give consideration to the quality of workmanship and materials and to the harmony of external design with existing grade elevation and surroundings.

4.

DWELLING SIZE

No dwelling shall be erected, placed, altered or permitted on any lot unless the ground or main floor area of the main dwelling, excluding one-story open porches and garages, has a

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000311

minimum of 2,200 square feet of heated living area in the case of a one-story structure, and not less than 1,400 square feet of heated living area on the main floor of a dwelling having more than one story.

5.

BUILDING AND ACCESSORY USES

No structure shall be erected, altered, placed or permitted to remain on each tract other than one single-family dwelliir, a private garage, a building for the keeping of animals and nets that are permitted under these covenants and feed and equipet for same, and other outbuildings customarily used in connection with a single-family dwelling provided said uses are not inconsistent with any other provisions of these covenants or with the Oconee County Zoning Regulations. No wire fences will be used or maintained on the front lot lines.

6.

BUILDING LOCATION

No carport or garage shall open facing the street on which the tract of land fronts. No building shall be located closer than 75 feet to the front lot line or street right-of-way or closer than 50 feet to any side or rear lot line.

7.

MOBILE HOME AND PREMANUFACTURED HOUSING

No mobile home or house trailer or other premanufactured housing already assembled shall be allowed or maintained on rny tract of land subject to these covenants.

8 .

TEMPORARY STRUCTURES

No structure of a temporary nature, including a trailer, tent, shack, garage, barn, or other outbuilding shall be used at any time as a residence either temporarily or permanently.

9.

ANIMALS

No animals, livestock or poultry of any kind shall be raised, kept or bred on said tract of land except that dogs, cats and other household pets and horses (not exceeding a ratio of one horse per acre of land) may be kept provided they are not kept,

Page 4

bred, or maintained for any commercial purpose. Animals must be restrained or restricted to the Owner's tract of land.

10.

CLOTHESLINES AND AIR CONDITIONERS

No clothesline, drying racks or fences used for drying clothes shall be constructed, erected or maintained closer to the front street line than the rear line of the residence on said tract, extended to the sidelines, and such must not be generally visible from the street right-of-way. Air conditioning units must be placed at the rear of the structure or screoned by a fence or shrubbery if located on the side of the structure.

ROOF PROTRUSIONS

Roof vents, plumbing stacks, and other roof protrusions must be installed on the rear slopes of roofs. Exterior antennas must be placed at the rear of the roof.

12.

SOLAR PANELS AND RECEIVING DISHES

The location of all solar panels and equipment and receiving dishes must be in the rear of the lot and must be approved by the Architectural Control Committee.

13.

DRIVEWAY SURFACES

Driveway surfaces must be paved with asphalt or concrete for a minimum of 100 feet onto said tract, as measured by a line perpendicular to the public road intersected by said driveway.

14.

EXTERIOR WALLS AND FOUNDATIONS

Exterior walls and foundations of concrete or concrete block must be finished or backfilled.

Homes constructed using unpainted natural wood as an exterior material shall be treated so that the wood ages in a uniform manner. 15.

GARBAGE CONTAINERS

Garbage containers must be sunken or enclosed so as to be neat, orderly and hidden from sight. All garbage, trash, rubbish or other waste must be stored in containers.

Page 5

No above-ground swimming pools will be allowed.

17.

LANDSCAPING

Landscaping, as approved by the Architectural Control Committee, shall be installed no later than 180 days following occupancy of or completion of any building, whichever comes first. All grounds shall be maintained in a neat and orderly fashion at all times.

18.

JUNK CARS

Junk cars and other inoperable vehicles shall not be

stored on the property.

19.

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 square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder or realtor to advertise the property during the construction and any sales period.

20.

NUISANCES

No noxious or offensive activity shall be carried on upon the property nor shall anything be done thereon which may become an annoyance or nuisance to any other owners or occupants of said subdivision.

21.

ASSESSMENT

A fee of $10.00 per month, initially, will be assessed to each lot owner to go to a fund to be used for the operation of street lights and for landscape maintenance of common areas of the subdivision. All purchasers and subsequent purchasers of lots subject to these covenants agree to pay these fees and make payments according to following terms:

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(A) Fees will be paid annually by January 15 of each year;

(B) Payment for the calendar year of sale will be made when the lot owner takes title to the property, prorated to the end of the calendar year;

(C) Payment shall be made to the River Farms Lighting and Maintenance Account in care of the bank designated by the Committee responsible for same;

(D) Administration of the account will be the responsibility of a committee of three members elected by the lot owners.

22.

UTILITY EASEMENTS

Easements for installation and maintenance of utilities and drainage facilities are reserved as may be shown on the recorded plats.

23.

ENERGY EFFICIENCY

Energy efficiency of all residences must meet or exceed the "Good Cents Standards of Construction" as set forth by the Georgia Power Company.

24.

SIGHT DISTANCE AT INTERSECTIONS

No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six 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'r " property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a right-of-way.

25.

MEMBERSHIP OF ARCHITECTURAL CONTROL COMMITTEE

There shall be an Architectural Control Committee to review and approve, in writing, all plans for construction in

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event of death r resignation of any memb of the committee, the remaining members shall have full authority to designate a successor. After seventy-five percent (75.0%) of the lots have been sold, the Architectural Control Committee shall consist of three members who are lot owners and elected by a majority of the lot owners.

In the event that the Committee has failed to approve or disapprove any plans within thirty (30) days after submission of same or in the event no suit to enjoin construction has been commenced prior to the completion thereof, approval will not be required and the applicable covenant herein shall be deemed to have been fully complied with.

26.

TERM OF COVENANTS

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 the covenants are recorded. After said time, the covenants shall be automatically extended for successive periods of five (5) 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.

27.

AMENDMENT

These restrictions or covenants may be altered or amended by the action of a majority of the then owners of lots in River Farms Subdivision. Said amendment shall be in writing and shall be recorded in the deed records of Oconee County.

28 .

ENFORCEMENT

Enforcement of these covenants shall be by proceedings in law and equity against any persons, parties or person violating or attempting to violate any covenants either to restrain or enjoin violation or to recover damages. The action may be initiated by any other owner of property in said subdivision.

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29.

SEVERABILITY

Invalidation of any one of these covenants by judgment or Court Order shall in no way affect any of the other provisions of these Covenants which shall remain in full force and effect.

30.

ADJACENT PROPERTY

These restrictions and covenants shall apply only to the property described herein as River Farms Subdivision. No representations or warranties are made with respect to development of any other property of Owner whether adjoining or nearby. Owner expressly reserves the right to develop any other property in any manner within the sole discretion of Owner.

31.

LIABILITY OF OWNER

Owner shall be liable only for any direct uses or actions by Owner that may be in violation of these Covenants.

IN WITNESS WHEREOF, G. A. NASWORTHY, JR. has hereunto set his hand and seal, the day and year first-above written.

SG.Nasworth.o _(SEAL) A. Nasworthy, Jr.

signear sealed and delivered

‚in' the presence oI:

/Nausen

néss

Dansen

orary Public

JEAN M. DAWSON

Nataly Public, Oconee County, Geot gla

Mý Colmission Expires Jan. 2, 1990

Filed for record 6/20/86 @ 1:20 p.m. Recorded June 24, 1986

Sandra C. Glass, Clerk

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00070.

GEORGIA, OCONEE COUNTY.

MODIFICATION OF PROTECTIVE COVENANTS

FOR

RIVER FARMS

THIS AGREEMENT, Entered into this 6th day of June 1988, by G. A. NASWORTHY, JR., of Oconee County, Georgia, and the undersigned owners who are property owners in RIVER FARMS SUBDIVISION located on Barnett Shoals Road in the 225th District, G.M., Oconee County, Georgia;

WITNESSETH:

THAT, WHEREAS, the parties hereto are a majority of the owners of lots in RIVER FARMS SUBDIVISION consisting of 18 lots, in the 225th District, G.M., oconee County, Georgia; particularly described on a plat of said subdivision by Ray N. Woods, 'Surveyor, dated May 19, 1986, recorded at Plat Book 9, page 286, in the office of the clerk of superior court of oconee county, Georgia; and

WHEREAS, Protective Covenants for said subdivision dated June 17, 1986, are recorded at Deed Book 78, page 309, said: Clerk's office; and

WHEREAS, the parties hereto are desirous and agreeable to modifying and changing said Covenants as hereinafter set out.

NOW THEREFORE, in consideration of the premises and of the benefits flowing to each other from sald covenants, the parties" hereto do hereby modify said Covenants as follows:

1.

Said Covenants are modified by adding a new Item 25 (A) to read as follows:

"25 (A)

COMPLETION OF CONSTRUCTION

"Construction of residences shall be complete before occupancy. Completion shall include exterior painting and finishing and driveway paving. Construction of the house shall be completed no later than twelve (12) months after construction commences.

1 991738

Page 10

000703

"The twelve-month construction deadline may be extended by

the Architectural Control Committee because of extenuating

circumstances provided that the deadline may not be extended

longer than an additional twelve (12) months."

2.

Except as herein modified and changed, the Protective

Covenants for RIVER FARMS SUBDIVISION recorded at Deed Book 78,

page 309, said Clerk's office, shall remain in full force and

effect.

IN WITNESS WHEREOF, the undersigned parties have hereunto

set their hands and seals the day and year first-above written.

sealed and delivered

in thé, Signed presence of:

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