Silverleaf Covenants

000300

ROBLRT J: HUFF

ATTORNEY AT LAW

P. O. BOX 162 DECLARATION OF PROTECTIVE COVENANTS

WATKINSVILLE, GA 30677 FOR

SILVER LEAF SUBDIVISION

GEORGIA,) .: 440 OCONEE COUNTY.) DATE 6-19 - 97Ś

CHORAL

this THIS DECLARATION OF PROTECTIVE COVENANTS, made and published

18th 1998, THOMAS HIGGINE OTHAM, , Jk., (Declarant) of oconee county, Georgia. M.

WITNESSETH:

THOMAS M. HIGGINBOTHAM, JR. is the wing subdivision, SUBDIVISION, being described by a plat 240th G.M. Dt ' entitles Oconce "Survey for Silver Leaf Subdivision" by Ben McLeroy & Associates in the office of clerk of superior court of recorded in Plat page Wurgia, which plat is incorporated herein by reference; and

WHEREAS, it is to the interest, benefit and advantage of Thomas Higginbotham, acquire each and to every party who provisions hereog purchaser., shall hereafter any lot subject to the certain protective covenants

set toven and declared covenante tuning with the land tabiated. the benefits to be NOW, THEREFORE, for and in consideration of the premises and mulate and declare the follo described on the aforesaid plat and to all persons or entities owning or acquirin any of them

all persons or parties claimin under and through Declarant until such time as said covenants * in whole or in part, a hereinafter provided, to wit:

1. LAND USE Said lots shall be used for residential purposes o lot; with each lot being used as a single-family residential but, the event some lot (s) should not meal septic tank requirements of the Oconee County Health Department or the State Department of Health or should not be suitable for • building site; then said may be used for recreational purposes, including parks and playgrounds, and/or any other w as may be presently or hereafter authorized under single-family residential zoning provisions of the Oconee County Zoning Ordinance.

ARCHITECTURAL CONTROL. No structure or improvement of any description shall be erected, placed or altered on any i until the construction plans and specificatione structure on the lot have been submitted tat and approved by th thereof, showing the location of the proposed Architectural Control Committee, as hereinafter defined, as te quality workmanship and materials and harmony of externai design and existing grade elevation and surroundings.

SUBDIVISIÓN, OF TRACTS. Individual lots may not subdivided so as to increase the density of dwellings within sak subdivision.

ACCESSORY USES. structure shall be erect altered, placed or permitted to remain on any lot other than on single-family unit or private garage and other outbuildings customarily connection with and incidental tb a single" family dwelling.

000567

r: 440.

DWELLING SIZE. No dwelling shall be constructed, BAI: 6 - 19-9šŚ erected, placed, thousand altered or maintained on said lots consisting of nd publiane eight hundred

THOMAS hundred (2,200) floor space in a one-story building, or two thousand two rgia. or split-level building, excepting basements in both. square feet of heated floor space in a two story

BUILDING LOCATION. No dwelling or building shall owner o be erected, placed or constructed on a tract closer to the street (street which i me being building setback line as indicated on the above subdivision plat •Di 'entities .at Ocones The Architectural Control Committee shall have authority to grant Associates slight adjustments to the above requirements if it is

ded in Plat in locating a site for a home. these requirements impose an undue hardship on a property owner ior Court of must be in writing. For purposes such exception herein by and open porches shall be considered as or these covenants structure.

No dwelling shall be erected, constructed or placed closer than feet to any sidelines nor closer than thirty (30) feet dvantay el party

ect to the TEMPORARY STRUCTURES. No mobile home, modular home, established, regulating shack, garage, detached carport, barn or other outbuildings 1; shall be erected, constructed or placed on a tract,

structure shall be used as a residence, either temporarily permanently; nor shall any structure of a

does used as a residence at any time; nor shall any pre-assembled factory-built structure be placed thereon as a residence.

bed consentionally constructed, permanent dwellings shail he erected detached carport, DESIGN REQUIREMENTS OF OUTBUILDINGS.

constructed or placed on a tract that does not other outbuilding

quality of workmanship, materials, and harmony of external design conform with the existing structures, and with topography and finish grade apparatus shall be erected or installed on any lot closer to the No satelite receiving dish, antennae or similar residential front (or side in case of a corner lot) street right-of-way than gle-family (or side) line of the residence located on said lot or • not meet an extension of the front (or side) line of the lot boundary. table for Department

creational concrete blocks BUILDING MATERIAL REQUIREON Of the No building shall other uses material. Concrete blocks may be used only as foundations.

ngle-family structures shall be completely finished with brick, on all sides, ity Zoning including chimney (s) if on exterior walls, except on areas where brick cannot be used, then hardboard or stucco will be allowed. covement of LIVESTOCK AND POULTRY.

on any lot poultry of any kind shall be housed, maintained, animals' raised livestock or ificationa except domestic pets.

e proposed dotso long as the same shall not constitute a nuisance to pets shall be ved by the the neighborhood,

ned, external as Le or maintained for commercial customarily maintained on the premises, pets shall be

animals that may be a threat to children or other humans and no vicious dogs or nay may be kept or maintained.

No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon or may become neighborhood or community. an annoyance nuisance to the the public view on any tract except one professional sign of not No signs of any kind shall be displayed to more than one (1) square foot. Signs of not more than

sales period shall be allowed. advertising the property during the construction and

CLOTHESLINES. clothes line, drying racks or on any lot. fences used for drying clothes shall be constructed or maintained

ABOVE GROUND TANKS. No exposed above-ground tanks will be permitted for the storage of fuel, water or for any other

000/03

No fence, wall, hedge or shrub planting which above the road-ways shall be placed or permitted to remain on any and six feet propertetines and a line connecting them at points twenty-five triangular area formed by feet from the intersection of the street property distances extended, and no tree shall be permitted to remain within such lines intersections unless foliage line is sight lines. at sufficient height to prevent obstruction of such principal dwelling on any Fences and walls shall conform architecturally to the residence shall be located only in an area erection. Architectural Control committee prior to be approved construction I be sodded with MISCELLANEOUS. The front yard of each residence undergound water grass at the

garage shall open toward the front street of the dwelling. sprinkler irrigation installed. mailbox receptacles similar-construction wrought iron structures shall be not less than 7 on 12 pitch.

maintained GARBAGE AND REFUSE CONTROL. as a dumping No tract shall be used or other waste.

any tea De valin sanitary Peone debore times be kept incinerators or other equipment

such material shall be kept in a clean, sanitary condition. storage or disposal of

EASEMENTS. Easements for the installation shown on maintenance of utilities and drainage facilities are reserved as the recorded trimmed other obstructions to sureet visability or limbs and community. as necessary for the benefit of easements may easement (s)

19. ARCHITECTURAL CONTROL COMMITTEE.

Membershipof THOMAS Architectural Control Committee HIGGINBOTHAM and CHRIS HIGGINBOTHAM who hereby HIGGINBOTHAM,

reserve the right to designate one or more representatives to act specifically said subdivision. association or other entity responsible to the owners of lands in including a homeowners

A majority of the committee may designate a representative commority to coite a succesar wether the memberave fury committee, nor its designated representative shall be entitled to the members of the services performed

the lots shall have the power, through a duly written instrument, any time, the then record owners of a majority of of its powers and duties. to change the membership of the committee or to restore to it any as required in these covenants shall be The Committee's approval or disapproval committee, or its designated representative,

disapprove, within 30 days after the plans and specifications and location have been to the completion thereof, event, if no suit to enjoin construction has been commenced prior related covenant (s) shall be deemed to have approval will not be required, and the been fully complied

000053

A Homeowners Association shall in addition to such other powers and duties may be conferred upon it, shall specifically be upkeep of the subdivision entrance sign and landscaped "common" areas not located within or

Additionally, the Homeowners Association shall be responsible for maintenance of the detention to Lot 8, Block the maintenance shall be confined to hose areas lying within the drainage easement granted to Ocone‹

Georgia, specifically pertaining to said detention area.

Association

maintenance of the Reasonable assessments may be each occupied lot in the subdivision to defray the all of which shall be more

TERMS OF COVENANTS. These Covenants are to run with the " land and shall be binding on all persons, parties or entities claiming under them for a period of twenty (20) years

these Covenants are recorded,

automatically renewed and extended said for successive periods of ten (10) years lots has unless and until a majority record owners of

Covenants, in whole or in part. recorded written instrument, to modify these

ENFORCEMENT. Enforcement shall be by proceedings in entity or entities, against any person or persons, party or parties, or attempting

covenant (s), either to restrain or enjoin violation thereof or to recover damages.

SEVERABILITY. Invalidation of any one or more of these covenants by judgment or Court Order shall in no way effect any other provision(s) hereof, which shall remain of full force and effect.

THOMAS assigns, I grantees is his heirs,

'hereby relieved from by as all liability of any type or any cause of action of

from the use of same. whatsoever for the use of said described property that may arise assigns, hereby expressly reserves THOMAS M. HIGGINBOTHAM, JPs the right to develop any other for himself, his heirs or adjacent property in accordance with his sole discretion and determined to have restricted

expression or implication by the execution or recording erty

instrument.

IN WITNESS WHEREOF, Thomas M. Higginbotham Jr., has hereunto written. set his hand and affixed his seal, the day and year first above

homas M

Signed, sealed and delivered

The presence of

Das-

BLIC

00440

0366 000360

ROBERT J: HUFF

ATTORNEY AT LAW

P. O. BOX 162 DECLARATION OF PROTECTIVE COVENANTS

WATKINSVILLE, GA 30677 FOR : C

BILVER LEAF BUBDIVISION

GEORGIA,) .. 440: 3666-369 OCONEE COUNTY.) BATEL11-78

APORA C. P PO, CLEA

THIS DECLARATION OF PROTECTIVE COVENANTS, made and published

this 18th day of June 1998, by THOMAS M.

HIGGINB THAM, JR., (Declarant) Of Oconee County, Georgia.

WITNESSETH:

WHEREAS, THOMAS M. HIGGINBOTHAM, JR. is the owner of

property Known as SILVER LEAF SUBDIVISION, the same being a

residential subdivision, located in the 240th G.M.D., Oconee

county, Georgia, more particularly described by a plat entitled

"Survey for Silver Leaf Subdivision by Ben Meleroy & As on test

surveyors, datec May 20 recorded in

Book 30 _, page lot. in the office of clerk of superior Court of

oconee County, Georgia, which plat is incorporated herein by

reference; and

WHERE Higginbotham, it is to the interest, benefit and advantage of

Thomas M. JI.. and to each and every party who

shall hereafter purchase or acquire any lot subject to the

provisions hereof that certain protective covenants regulating

and governing the use and occupancy of said lots 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, THOMAS M. HIGGINBOTHAM, JR. does

hereby set up, establish, promulgate and declare the following

protective covenants to apply to the lands described on the

aforesaid plat and to all persons or entities owning or acquiring

said lots. ol 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 Declarant until such timé as said covenants may

be extended, modified or terminated, in whole or in part, as

hereinafter provided, to wit:

LAND USE. Said lots shall be used residential

purposes only, with each lot being used as a single-family

residential lot; but, in the event some lot (s) should not

septic tank requirements of the Oconee County Health Department

or the State Department of Health or should not be suitable for a

building site; lot(s) may be used for recreational

purposes, including parks and playgrounds, and/or any other uses

as may be presently or hereafter authorized under single-family

residential zoning provisions of the Oconee County Zoning

Ordinance.

ARCHITECTURAL CONTROL. No structure or improvement of

any description shall be placed or altered on any lot

unless and construction plans and specifications

thereof, and a site plan showing 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 externa.

design and existing grade elevation and surroundings.

SUBDIVISION: OF TRACTE. Individual lots may not be

subdivided so as to increase the density of dwellings within said

subdivision.

4. ACCESSORY UBES. No structure shall, be erected,

altered, placed or permitted to remain on any lot other than one

single-family unit-ok private garage and other putbuildings

customarily used in connection with and incidental th a single-

family dwelling.

00440

0367

00030%

DWELLING SIZE. No dwelling shall be constructed, erected, placed, altered or maintained on said lots consisting of thousand eight hundrec square feet space in a one-story building, or two thousand two hundred (2,200) square feet of heated floor space in a two story or split-level building, excepting basements in both.

BUILDING LOCATION. No dwelling or building shall be erected, placed or constructed on a tract closer to the street right-of-way (street which

building setback line as indicated on the above subdivision plat. The Architectural Control Committee shall have authority to grant slight adjustments to the above requirements if it is

these requirements impose an undue hardship on a property owner in locating a site for a home. such exception be in writing. For purposes of these Covenants, carports and open porches shall be considered as part of the

No dwelling shall be erected, constructed or placed closer than to a side street. feet to any sidelines nor closer than thirty (30) feet

TEMPORARY STRUCTURES. No mobile home, modular home, tent, shack, garage, detached carport, barn or other outbuildings shall be erected, constructed or placed on a tract, and no such germanent. shan structure a temporary character De either temporarily or residence at any time; nor shall any pre-assembled or factory-built structure be placed thereon as a residence.

on said lots. conventionally constructed, permanent dwellings shall be erected

DESIGN REQUIREMENTS OF OUTBUILDINGS. No garage, detached carport, barn or other outbuilding shall be erected constructed or placed on a tract that does not conform with the quality of workmanship, materials, and harmony of external design elevation. existing structures, and with topography and finish grade No satelite receiving shall be erected or installed on any lot closer to the dish, antennae or similar front (or side in case of a corner lot) street right-of-way than the front (or side) line of the residence located on said lot or an extension of the front (or side) line of the lot boundary.

BUILDING MATERIAL REQUIREMENTS. No building shall concrete blocks any portion of the exposed finished

Concrete blocks may be used only as foundations.

including chimney (s) structures shall be completely finished with brick, on all sides, brick cannot be used, then hardboard or stucco will be allowed. if on exterior walls, except on areas where

LIVESTOCK AND POULTRY.

poultry of any kind shall be housed, maintained, 'raised to or raised or kept except domestic pets. Domestic pets shall be so long as the same shall not constitute a nuisance to the neighborhood, and not kept or maintained for commercial

Domestic pets shall be limited to

customarily maintained on the premises, and no vicious dogs or animals that may be a threat to children or other humans may be kept or maintained.

NUISANCES. No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon or may become neighborhood or community. an annoyance or nuisance to the the pubiic view on any tract except one professional sign of not No signs of any kind shall be displayed to than one (1) square foot. Signs of not more than five (5) square feet advertising the property during the construction and sales period shall be allowed.

CLOTHESLINES. clothes line, drying racks or on any lot. fences used for drying clothes shall be constructed or maintained

ABOVE GROUND TANKS. No exposed above-ground tanks will be permitted for the storage of fuel, water or for any other

00440

0368. J0368

obstructs sight 15. FENCES lines No fence, wall, hedge or shrub planting which above the road-ways shall be placed or permitted to remain on any corner lot within the triangular area the street feet from the lines and a line connecting them at points twenty-five intersection of the street

distances of such extended, and no tree shall be permitted to remain within such intersections unless the foliage line is sight lines. at sufficient height to prevent obstruction of such principal dwelling on any and walls shall conform architecturally to in the lot, shall be located only in an area Architectural shall be approved erection. Control Committee prior construction or

MISCELLANEOUS. The front yard of each residence be sodded with grass at the time of occupancy, undergound water sprinkler irrigation installed. garage shall open toward the front street of the dwelling. All garages must open to the side or rear of the dwelling. mailbox receptacles shall be similar-construction wrought iron the correct street

corresponding dwelling. The roof pitch dwellings structures shall be not less than 7 on 12 pitch.

17. GARBAGE AND REFUSE CONTROL. No tract shall be used or maintained as a dumping ground for rubbish, trash, garbage, other waste.

shall at all times be kept Animes her garbage stored on premised temporarily containers. incinerators or other equipment for the storage or disposal such material shall be kept in a clean, sanitary condition.

EASEMENTS. Easements for the installation maintenance of utilities and drainage facilities are reserved shown on the recorded subdivision plat. and limbs and other obstructions to street visability or easements may be trimmed as necessary for the benefit of said easement (s)

19. ARCHITECTURAL CONTROL COMMITTEE.

Membership. The Architectural Control Committee be composed

HIGGINBOTHAM and CHRIS HIGGINBOTHAM who hereby

reserve the right to designate one or more representatives to act on behalf of or in the place of association or other entity respongible to the owners of lands in including a homeowners said subdivision.

A majority of the committee may designate a representative for it. 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 designated representative shall be entitled to compensation services performed this the lots shall have the At any time, the then record owners of a majority of to change the membership of the committee or to restore to it any through a duly written instrument, 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 with. related covenant (s) shall be deemed to have been fully complied

00440

0369

000369

HOMEOWNERS ASSOCIATION. A Homeowners Association shall for the subdivision which, in addition to such other powers and duties may be conferred upon it, shall specifically be responsible for maintenance subdivision entrance sign and landscaped "common" areas not located within or individual lot. Additionally,

Association shall be responsible for maintenance of the detention located upon or adjacent to Lot 8,

subdivision. such maintenance shall be confined to those areas lying within the drainage easement granted to Oconee county, Georgia, specifically pertaining to said detention area.

Association

Declarant shall be responsible for the maintenance

entrance sign and detention area. Reasonable assessments may be each occupied lot in the subdivision to

fully set forth in the tanizations, all of which shall be more documents of the Homeowners Association.

TERMS OF COVENANTS. These Covenants are to run with the and shall be binding on all persons, parties or entities claiming under them for a period of twenty (20) years from the these Covenants are recorded, after

automatically renewed and extended for of the then record owners of successive periods of ten (10) years, unless and until a majority duly executed and recorded written instrument, to modify these earlier agreed, by Covenants, in whole or in part.

ENFORCEMENT. Enforcement shall be by proceedings in law and equity against any person or persons, party or parties, entity or entities, violating or attempting to violate any recover damages. covenant (s), either to restrain or enjoin violation thereof or to

SEVERABILITY. Invalidation of any one or more of these covenants by judgment or Court Order shall in no way effect any effect. provision(s) hereof, which shall remain of full force and

THOMAS M. HIGGINBOTHAM,

a ality of any Ento to hereby relieved from hy sha any cause of action of any nature from the use of same. for the use of said described property that may arise

THOMAS M. HIGGINBOTHAM, for himselt, his heirs

assigns, hereby expressly reserves JR.' se right to develop any othe shall adjacent property in accordance with his sole discretion anc not determined be restricted said property by instrument. expression or implication by the execution or recording of

IN WITNESS WHEREOF, Thomas M. Higginbotham Jr., has hereunto written. set his hand and affixed his seal, the day and year first above

igned, sealed and Livered

in she presencere

Witne:

Notar

00596

00349

0000349 0201171 FILED IN OFFICE

LERK OF SUPERIOR COURT

GEORGIA 02 MAY 23 PM 1:37 ROBERT J. HUFF

ATTORNEY AT LAW REC. BCO:159FAG: 349_353 P. O. BOX 162 4 5-23-02

DATE. ANDS

WATKINSVILLE, GA 30677 OH. CLERK

DECLARATION OF PROTECTIVE COVENANTS

FOR

SILVER LEAF SUBDIVISION - SECTION TWO

GEORGIA,)

OCONEE COUNTY.)

this THIS CAN ON OF PROTIVE COVE Y HIMA HIGGINBOTHAM BUILDERS, 20th INC: 0 of Oconee Ma county, Georgia, and hereinafter identified as "Declarant".

WITNESSETH:

WHEREAS, Declarant is the owner of property located in the 1331st G.M.D., Oconee County, Georgia, being known as Silver Leaf Subdivision - Section Two, on a plat thereof

McLeroy & Associates, Surveyors, Inc., dated February 8, 2002, recorded in Plat Book 34, page in the office of Clerk of

Georgia, which plat

incorporated herein by reference; and,

WHEREAS, it is to the interest, benefit and advantage of Declarant, every party

purchase or acquire any of the above referenced lots that certain protective covenants regulating and governing the use and occupancy of said lots 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, Declarant does hereby set

establish, promulgate and declare the following protective covenants to apply to the lands described on the aforesaid plat and to all persons or entities owning or acquiring said lots, hereafter; and these protective

become effective immediately and run with the land and shall be on all persons or parties claiming under and through extended, modified or terminated, in whole or in part, as hereinafter provided, to wit:

Said lots shall be used for residential with each lot being used as a single-family lot; but, in the event some lot (s) or portions thereof should not meet septic tank requirements of the Oconee County Health Department or the State Department of Health or should not be suitable for a building site; then said lot (s) portions thereof may be used for recreational purposes, including parks and playgrounds, and/or compatible with a residential subdivision, including all uses as may be presently authorized under single-family residential

provisions of the Oconee County, Georgia, Zoning Ordinance.

boundary line(s) of any lot (s) may be changed; and no lot or portion of a lot may be used as access to any adjoining property consent of Declarant

designated representative.

ARCHITECTURAL CONTROL. No structure or improvement of any description shall be erected, placed or altered

unless and until the construction plans and specifications thereof, and a site plan showing the have seen subted and a toved te the proposed structure on the lot

Architectural Control Committee, as hereinafter defined, as to quality of workmanship materials and harmony of external design and existing grade elevation and surroundings.

00596

00350 .

0000350

BUBDIVISION OF TRACTS. Individual lots may

subdivided so as to increase the density of dwellings within said subdivision.

4 . ACCESSORY USES. No structure shall be erected, altered, placed or permitted to remain on any lot other than one single-family unit or private garage and other outbuildings customarily used in connection with and incidental to a singlefamily dwelling.

5. DWELLING SIZE. No dwelling constructed, erected, placed, altered or maintained on said lots consisting of less than two thousand two hundred (2,200) square feet of heated floor space in a one-story building less than eighteen hundred (1,800) square feet of heated floor space on the main level of a two-story or split-level building declusives one distribution or floor space for a dwelling of more than one story shall Architectural

while the 1,800 square feet minimium

required for dwellings of more than one story, the Committee may specify minimums for each story.

BUILDING LOCATION. No building shall be located on any lot line or nearer to any street line the minimum building set-back line as indicated on the recorded subdivision plat. 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 in writing. the site for a

Approval for any such exception must be

purposes of these covenants, carports, and open porches shall be considered as a part of the No dwelling shall

erected, constructed or placed closer than ten (10) feet to any sideline nor close than thirty (30) feet to any side street.

7. TEMPORARY STRUCTURES. No mobile home, modular home, shack, garage, detached carport, barn or other outbuildings

used as a residence at any time; nor shall any pre-assembled or factory-built structure be placed thereon as a residence.

conventionally constructed, permanent dwellings shall be erected on said lots.

DESIGN REQUIREMENTS OF OUTBUILDINGS. No garage, detached carport, barn or other outbuilding shall be erected, constructed or placed on a tract that does not conform with the quality of workmanship, materials, and harmony of external design with existing structures, and with topography and finish grade elevation. No satelite receiving dish, antennae or similar apparatus shall be erected or installed on any lot closer to the front (or side in case of a corner lot) street right-of-way than

(or side) line of the residence located on said lot or an extension of the front (or side) line of the lot boundary.

BUILDING MATERIAL REQUIREMENTS. No building shall have concrete blocks as any portion of the exposed finished material. Concrete blocks may be used only as foundations.

shall be completely finished with brick, on all sides,

chimney (s)

cannot be used, then hardboard or walls' stucco will be allowed.

LIVESTOCK AND POULTRY. animals, livestock or poultry of any kind shall be housed, maintained, raised or kept on any except domestic pets. Domestic pets shall permitted, so long as the same shall not constitute a nuisance to the neighborhood, and not kept or maintained for commercial purposes. Domestic pets shall be limited to those pets customarily maintained on the premises, and no vicious dogs or other animals that may be a threat to children or other humans may be kept or maintained.

00596

00351 .

0000351

NUISANCES. No noxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood or community.

SIGNS. No signs of any kind shall be displayed to the public view on any tract except one professional sign of not more than one (1) square foot. Signs of not more than five (5) square feet advertising the property during the construction and

period shall be allowed.

CLOTHESLINES. No clothes line, drying racks or fences used for drying clothes shall be constructed or maintained on any

ABOVE GROUND TANKS. No exposed above-ground tanks will be permitted for the storage of fuel, water or for any other use.

15. FENCES. No fence, wall, hedge or shrub planting which obstructs sight lines elevations feet above the road-ways 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-five (25) feet from the intersection of the street property

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.

Fences and walls shall conform architecturally to the principal dwelling on any lot, shall be located only in an area in the rear the residence and shall be approved

Architectural Control Committee prior to construction or erection.

MISCELLANEOUS. The front yard of each residence shall be sodded with grass at the time of occupancy, with adequate, underground water sprinkler irrigation installed. No garage shall open toward the front street of the dwelling. All garages must open to the side or rear of the dwelling. All mailbox receptacles shall be similar-construction wrought iron and must display the correct street name and number of the corresponding dwelling. The roof pitch on all dwellings and structures shall be not less than 7 on 12 pitch.

GARBAGE AND REFUSE CONTROL. No tract shall be used or

Any trash or garbage stored on premises temporarily shall at all times be kept in sanitary

incinerators or other equipment for the storage or disposal of such material shall be kept in a clean, sanitary condition.

18. EASEMENTS. Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded subdivision plat. Trees and limbs and other obstructions to street visability or easements may be trimmed as necessary for the benefit of said easement (s) and community.

19. OIL AND MINING OPERATIONS. No oil drillinmining oil development operations, oil refining, quarrying or

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.

20. ARCHITECTURAL CONTROL COMMITTEE.

(A) Membership. The Architectural Control Committee shall be composed of Declarant which hereby specifically reserves the right to designate one or more representatives to act on of or in the place including a homeowners association or other entity responsbile to the owners of lands in said subdivision.

00596

00352

0200352

A majority of the committee may designate a representative

In the event of 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 designated representative shall be entitled to any compensation services performed pursuant

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 committee, or its designated representative, in writing to approve or disapprove, within 30 days after the plans and specifications and site location have he construction has been commenced submitted or in any event to the completion thereof, approval will not be required, and the related covenant(s) shall be deemed to have been fully complied with.

HOMEOWNERS ASSOCIATION. A Homeowners Association shall be formed for the subdivision which, in addition to such other powers and duties may be conferred upon it, shall specifically be responsible for maintenance

entrance sign and landscaped "common" areas not located within or

Additionally,

Association shall be responsible for maintenance of the detention located upon or adjacent to Lot 24 and Lot 25,

Section Two, of the subdivision. maintenance shall be confined to those areas lying within the drainage easement granted to oconee county'Until Georgia, specifically pertaining to said detention area. such time as

Homeowners Association is formed, Declarant shall be responsible the maintenance of the entrance sign and detention

Reasonable assessments may be charged for each occupied lot in maintenance

more fully set forth in the organizational documents of the Homeowners Associates.

22. TERMS OF COVENANTS. These covenants are to run with the land and shall be binding on all parties and persons

under them for a period of twenty (20) 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 basis of

has been recorded, agreeing to change said Covenants in whole or in part.

ENFORCEMENT. Enforcement shall be by proceedings in law and equity against any person or persons, party or parties, entity or entities, violating or attempting violate any covenant (s), either to restrain or enjoin violation thereof or tc recover damages.

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

24. NO WAIVER. the Except as specifically provided herein, no of either Architectural Committee

matter for consideration shall be deemed a waiver of the pertinent requirements of these covenants. Any thing done or any action taken by in violation of these covenants shall be deemded a continuing violation; and no approval thereof shall be implied by a failure of the Declarant or Architectural Control Committee to act thereon.

Declarant, for itself, its successors, assigns, or grantees are hereby relieved from any and all liability of any type or any cause of action of any nature whatsoever for the use of said described property that may arise from the use of same.

00596

00353

0000353

Declarant, for itself, its successors and assigns, hereby expressly reserve the right to develop any other or adjacent property in accordance with its sole discretion and shall not be determined to have restricted such other property by expression or implication by the execution or recording of this instrument.

IN WITNESS WHEREOF, Declarant has hereunto set its hand and affixed its seal, the day and year first above written.

HIGGINBOTHAM BUILDERS, INC.

signed, sealed and delivered

the presence of:

Witness

Notar!

NOTARY

PUBLIC

- 02

...