Covenants
After recording, return to:
Donald W. Hansford, PC
₽ 0 BOx 1376
Watkinsville, GA 30677
DECLARATION OF PROTECTIVE COVENANTS"
THIS DECLARATION OF PROTECTIVE COVENANTS, made as of the . day of -' 2001 by RED OAK DEVELOPMENT, INC., a Georgia Corporation (hereinafter referred to as "Declarant"), for STONE SHOALS (hereinafter referred to as the "Subdivision") pursuant. to Final plat of said subdivision recorded in Plat Book . -, Page
Records of Oconee County, Georgia (hereinafter referred to as the "piat"),
WITNESSETH
WHEREAS , Declarant is the owner of the Subdivision, Subdivision being a subdivision of all of those certain lots, tracts or parcels of land lying and being in the 221s and 225th Districts, G. M. or Oconee County, Georgia and being more particularly described on Exhibit "A" attached hereto and incorporated herein by ręference; and
WHEREAS, it is to the interest, benefit and advantage of Declarant and each and every person who shall hereafter purchase any lot in the Subdivision (hereinafter collectively referred to in the singular as a "Lot" and in the plural as "Lots") that certain protective covenants governing and regulating the use and occupancy of the Subdivision be established, set forth and declared to be covenants 'running with the land.
the bener to be derive any carant at each the veer sus aquef owner of any of the Lots, Declarant does hereby set up, establish, promulgate and declare the following protective covenants to apply to all of the Lots and to all persons owning the Lots, or any of them, hereafter. These protective covenants shall be binding on all persons claiming under and through the Declarant for a period of twenty (20) years from and after the date of this instrument, at which time such covenants may be extended as hereinafter provided.
1. Land Use and Building Type. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed G: \WordPerfect Documents\Closed\0738C.wod
or permitted any Lot other than detached single-family dwelling unit and one ancillary building in keeping with the general scheme of residential use and being ancillary thereto. Any permitted ancillary building must be located in rear of dwelling and be constructed of the same materials as the dwelling to insure that exterior of ancillary building matches the exterior of the dwelling.
Architectural Control. No building or ancillary building shall be erected, placed or altered on any Lot until the construction plans and specifications and plans showing location of the structure has been approved by the Architectural Control Committee, as described in Paragraph 18 below, as to quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and finished grade elevation. No fence or walls shall be erected, placed or altered on any Lot . nearer to any street than the minimum building set-back line unless similarly approved. Approval shall be obtained as provided in Paragraph 18 below.
3. Dwelling, Cost, Quality and Size. It being the intention and purpose of this covenant to assure that all dwellings shall be of the quality of workmanship and materials, and of a minimum size, the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than FOURTEEN HUNDRED (1400) square feet. All dwellings must be erected in conformity with Oconee County regulations concerning minimum standards. All dwellings must be constructed to meet the minimum efficiency standards of Georgia Power Good Cents Home Certification requirements. All dwellings must have black singled roofs.
4. Building Location. No building shall be located on any Lot to the front line of the Lot or nearer to the side lines than the minimum building set-back lines shown on the Plat. For the purposes of this covenant, steps and walkways shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot.
5. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the Plat. Drainage flow shall not be obstructed nor diverted from drainage or utility easements as designated above or on the recorded plat.
6. Nuisances. No noxious or offensive activities shall be carried on or upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the Subdivision neighborhood.
7. Temporary Structures. No structure of a temporary character, trailer, mobile home, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence, G: \WordPerfect Documents\Closed\0738C.wpd
either temporarily or permanently.
Fences. Only ornamental fencing and walls conforming architecturally to the principal dwelling located on a lot shall bé erected or constructed on a lot. Any permitted fence must be constructed of black or green vinyl coated metal or chain link. All fencing and the exterior of any wall shall be located no nearer to any street than the rear line of the dwelling. Any permitted fence or enclosure must contain a minimum of four thousand (4,000) square feet. All fencing and walls must be approved by the Architectural Control Committee prior to installation.
Clothes Lines and Tanks. No clotheslines, „drying racks or fences used for drying clothes shall be constructed or permitted on any lot. No exposed above ground tanks shall be permitted for the storage of fuel, water or any other use.
10. Signs. No sign of any kind shall be displayed to the public ‚view on any Lot except for one (1) sign of not more than four (4) square feet advertising such Lot for sale or rent or signs used by a builder to advertise the Lot during the construction and sales period or to advertise an established model home.
11. 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, be permitted upon any Lot. No halice gas sil be vected. derrick or other structure designed for use in boring for oil or
12. Livestock and Poultry. No animals, livestock or poultry of
kept, bred or maintained for any commercial purposes.
13. Garbage and Refuge Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All containers, incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
14. Sewerage Disposal. No individual sewerage-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: Approval of such systems as installed shall be obtained from the appropriate governmental authorities.
15. Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between twc (2) feet and six (6) feet above the roadways shall be placed or G:\WordPerfect Documents\Closed\0738C.wpd
permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points fifteen (15) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of street property lines as extended. The
limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of the driveway pavement of such Lot. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at a sufficient height to prevent obstruction of such sight lines.
16. Common Area Maintenance. All common areas and elements shall be maintained by the Declarant, or the "Association once Declarant relinquishes control as provided herein, and all costs for maintenance, repair, improvement, and insurance shall be lien assessable agaihst the Residential Unit/Lot Owners as provided for herein.
17. Storm Water Detention Facility and Drainage Easements. In addition to any other common elements associated with Property, all stormwater detention facilities and their related easements shall be common elements to be owned and enjoyed by the Unit Owners. These elements shall be maintained by the Association and all costs for maintenance, repair, improvement, and insurance shall be lien assessable same extent as for other common elements as provided for herein.
18. Architectural Control Committee. The Architectural Control Committee shall be composed of the Officers of RED OAK DEVELOPMENT, INC. The majority of the Architectural Control Committee may designate a representative to act for it. In the event of the death or resignation of any member of the Architectural Control Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Architectural Control Committee, nor its designated representative, shall be entitled to any compensation for services performed pursuant to this instrument. The approval or disapproval of the Architectural Control Committee as required by this instrument shall be in writing. In the event the Architectural Control Committee, or its designated representative, fails to approve or disapprove plans and specifications within thirty days after such plans and specifications shall have been submitted to it, then the approval of the Architectural Control Committee shall be deemed to have been given and compliance with the related covenants shall be deemed to have been made. For any lot owner, or its agent, to rely on the provisions of this section for failure of the Committee to respond with the time period designated, person or entity seeking approval of plans specifications must first have made such request in writing and transmitted same to Architectural Control Committee via certified mail, return receipt requested to Post Office Box 2804, Loganville, Georgia 30052-1965, or such other address as the Committee G: \WordPerfect Documents\Closed\0738C.wpd
designate.
Storm Water Detention Facilities. The storm water detention facilities, and all other common areas and elements, set forth on the of the Property shall be conveyed to Homeowners' Association, as herein provided, and shall be maintained by the Association as provided by the laws and regulations of Oconee County and the State of Georgia.
Insurance. The Declarant, and after the Declarant has relinquished control of the management of the Subdivision and the within restrictions to the Homeowners' Association as provided herein the Board of Directors of the Association or its duly authorized agent, shall have the authority to and shall obtain insurance for all improvements on the common areas, including the storm water detention facilities, against loss or damage by fire or other hazards, - including extended coverage, vandalism, and malicious mischief, in amounts sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any such hazard and shall also obtain a multi-peril public liability policy covering the common areas and storm water detention facilities and all damage or injury caused by negligence of the Association or any of its agents. All such insurance coverage obtained shall be written 'in the name of the Association and all such policies shall be written by accompanied license to do business in the State of Georgia, and all policies shall be for the benefit of the Association and its mortgagees, if any, as their interest may appear.
21. Homeowner's Association.
21.1 The Association.
The Declarant, upon relinquishing control of the common areas and elements, will cause to be formed and incorporated under the laws of the State of Georgia a non-profit Homeowners Association to manage the common areas and elements, storm water detention facilities, and otherwise enforce these covenants.
21.2 Membership.
Every person who is an Owner of a lot shall be a member of the Association; provided, however, that any Person who owns such interest merely as security for the performance of an obligation shall not be a member of the Association.
21.3 Classes of Membership; Voting Rights.
The Association shall have one class of membership.
21.4. Suspension of Membership Rights.
The membership rights of any member; including the right to G: \WordPerfect Documents|Closed|0738C, wpd
may be suspended by the Association's Board of Directors pursuant to authority granted in the Association's By-Laws, as amended from time to time. Any such suspension shall not affect such members' obligations to pay assessments past due or coming due during the period of suspension and shall not affect the permanent charge and lien on the members' property in favor of the Association.
21.5. Meetings of the Membership.
All matters concerning meetings of members of the Association, including the time in which and the manner in which notice of any of said meetings shall be given to members of the quorum and percentage vote required for the transaction of business of any meetings, shall be specified in this Declaration, in the By-Laws of the Association as amended from time to time or by law.
22. Assessments.
22.1. Creation of the Lien or Personal Obligation for Assessments.
Each lot owner, by acceptance of a deed or other conveyance for any lot being a part of the Property, whether or not it shall be so expressed in any deed or other conveyance, shall be deemed to covenant and agreed to pay the Declarant or the Association, as the case may be: (a) Annual assessments and charges and (b) Special assessments; such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interests thereon on the land, shall a continuing lien upon the property against which each such assessment is made and shall also be the personal obligation of the person who record owner of the property at the time the assessment fell due.
22.2. Purpose of Assessment.
The assessments levied under this Section 22 shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the members and their tenants and, in particular, for the servicing, improvement, insuring and maintaining the common areas and elements and other facilities related thereto devoted to such purposes and related to the use and enjoyment of the Property, and for the maintenance of the landscaped entrance area or areas (the "Entrance Areas") of the Subdivision, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof. Such portion of the annual assessments levied by the Association under this Section 22 as may be necessary for such purposes shall be devoted to promoting the recreation, health, safety and welfare of the members and their tenants and establishing and maintaining reserves for the maintenance, repair, replacement and operation of
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the common areas and elements and other facilities and the entrance area or areas.
22.3. Basis of Annual Assessments.
The annual assessment allocated and charged to each lot owner shall be set annually by the Declarant or the Board of Directors of the Association, as the case may be..
22.4. Special Assessments.
Upon the affirmative vote of the holders of fifty-one percent (51) or more of the vote of those then entitled to vote of all classes of membership of the Association, the Association may levy and collect a specific special assessment so authorized for the purpose of defraying, in whole or in part, the cost of any " construction or"reconstruction or unexpected repair or replacement of a capital improvement upon the common areas and elements, including any necessary fixtures or personal property related thereto; or for the purpose of increasing the annual assessment by an amount in excess of what is' authorized by this Section.
22.5. Equality of Assessment among Residential Units. No Residential Unit/Lot within the Property shall bear a higher assessment than anyạẠiother Residential Unit within the Property.
Dates Date of Commencement of Annual Assessments; Due
(a) The Declarant, or the Association's Board of Directors as the case may be, shall send written notice of the annual assessment and the amount of such assessment to every member subject thereto at least ten (10) days in advance of each annual assessment. Unless otherwise provided by the Association's Board of Directors, the entire amount of the annual assessment for each Residential Unit shall become due and payable to the Declarant or Association, as the case may be, on the 15th day of January of each year and shall be paid without further notice; provided however that in the event the Declarant or the Board of Directors shall fail to send written notice of the annual assessment to members at least ten (10) days prior to the annual assessment period the payment for the annual assessment shall not be due until ten (10) days after such notice is given; the shallre to move ten dude days prior to the annual assessment period of the assessment due and payable.
The annual assessment shall be established on a calendar year basis and shall commence as to each member when he or she becomes a lot owner.
The first annual assessment payable with respect to a
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. 7.
Residential Unit shall be adjusted according to the number of days remaining in the calendar year following the date of purchase of a Residential Unit/Lot.
(b) The Declarant, or the Association as the case may be, shall, upon demand at any time, furnish to any member liable for any assessment a certificate in writing signed by an officer of the Association setting forth whether said assessment has been paid. A reasonable charge, as determined by the Board of Directors may be made for the issuance of these certificates. Such certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid.
22.7. Effective Nonpayment of Assessment: the Personal Obligation; the Lien; Remedies of the Association. (a) If an assessment is not paid on or before the date when due then such assessment shall become delinquent and shall, together with such interest thereon and the cost of the collection thereof if hereinafter, thereupon become a continuing lien on the delinquent owners' property which shall bind such property in the hands of the heirs, designees, the len rights, ese personal successors and assigns. In addition to
obligation of the then owner to pay such assessments shall remain his personal obligation and shall also pass to his successors in title. Such owners shall nevertheless remain as fully obligated as before to pay to the Association any and all amounts which he was obligated to pay immediately preceding the transfer; and such owner and such title shall be jointly and severally liable with respect thereto, notwithstanding any agreement between such owners and successors in title creating any indemnification of the owner or any relationship of principal and surety as between themselves.
(b) If assessment is not paid within thirty (30) days after the due date, such assessment shall bear interest from the date of the delinquency at the lesser of the highest rate permitted by law or twelve percent (12%) per annum, and the Declarant, or the Association as the case may be, may bring legal action against the owner personally obligated to pay the same or foreclose its lien against such owner's property in which event, interest, costs and attorney's fees equal to fifteen percent (15%) of the principal amount shall be added to the amount of such assessment as may then be due. Each owner by acceptance of a deed or other conveyance of his or her property, invests in the Association or its agents the right and power to bring all actions against him or her personally for the collection of such charges as a debt and to foreclose the aforesaid lien in an appropriate proceeding and lower equity. The lien provided for in this Section shall be in favor of the Declarant, or the Association as the case may be, shall be for the benefit of all other members. The Declarant, or the Association as the case may be, acting on behalf of the other members shall have the power to bid in the owners' property at any foreclosure sale and to acquire, hold, lease, G: \WordPerfect Documents|Closed|0738C.wpd
mortgage and convey the same. No member may waive or otherwise escape liability for the assessment provided for herein by nonuse of the common areas and elements and facilities. The Declarant, or the Association as the case may be, shall not waive any liers or rights it may have against any member or such member's Residential Unit/Lot without the approval of holders of fifty-one percent (51%) or more of the vote of those then entitled to vote all classes of membership.
(c) If the assessment is not paid within thirty (30) days after the due date, the Declarant, or the Association as the case may be, may also suspend the membership rights of the delinquent member, including the right to vote, the right of enjoyment in and to the common areas and elements and facilities and the right to receive and enjoy such servicing and other benefits as may then be provided by the Association. Any such suspension shall not affect such members obligation to pay assessments, due during the period of such • suspension and shall not effect the permanent charge and lien on such members property in favor of the Association.'
22.8. Subordination of Charges and Liens to Mortgages. (a) The liens and permanent charges of all assessments and charges authorized herein (annual, special or otherwise) with respect to any restrictive property is hereby made subordinate to the lien of any first mortgage placed on such property if, but only if, assessments and charges with respect to such property authorized herein having a due date on or prior to the date of the mortgage as filed of record have been paid. The liens and permanent charges hereby subordinated are only such liens or charges as relate to assessments and charges authorized hereunder having a due date subsequent to the date such mortgage is filed of record and prior the satisfaction, cancellation or foreclosure of such mortgage or the sale or transfer of the mortgage property pursuant to any proceeding in lieu of foreclosure or the sale of transfer of the mortgage property pursuant to a sale under power contained in such mortgage.
(b) Such subordination is merely a subordination and shall.
when he is the owner of such property; shall not relieve property from the liens and permanent charges provided for herein (except to the extent a subordinated lien or permanent charge is extinguished as a result of such subordination as against a mortgagee or such mortgagee's assignee or transferee by foreclosure or by sale under power); and no sale or transfer of such property to the mortgagee or to any other person pursuant to a decree of foreclosure, or pursuant to any other proceeding in lieu of foreclosure or pursuant to a sale under power, shall relieve any existing or previous owner of such property of any personal obligation or relieve such property or the then owner of such property from liability foř any assessment or charges authorized hereunder become due aiter such sale and transfer.
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23. Buffer and Berm. Lot Numbers A-1 through A-3, and A-62 through A-70 shall be subject to, among any other applicable covenant and restriction, the common element composed of the berm and buffer area along the southerly right of way of Barnett Shoals Road. No cutting or removal of trees or other ground cover, and no removal of dirt from the berm, shall be allowed.
24. Term. The covenants contained in this instrument 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 and after the date this instrument is recorded, after which time such covenants shall automatically extended for successive periods of twenty (20) years until the recordation of an instrument of termination within twO (2) years of the expiration of the initial twenty (20)-year period or any extension thereof, such instrument having been executed by a minimum of fity-one percent (51%) of the record owners of the Subdivision.
25. Enforcement. Enforcement of the covenants contained in this instrument shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.
26. Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions of this instrument which shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed under seal, as of the day and year first above written.
RED OAK DEVELOPMENT, INC.
Executed in the presence of: Title:
Unofficial Witness Attest
Title:
Notary Public
Commission Expiration Date:
[NOTARIAL SEAL] [AFFIX CORP. SEAL]
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Exhibit "A"
Legal Description
Stone Shoals Subdivision, Oconee County, Georgia
All that tract, or parcel of land, containing'87.54 acres, more or less, situate, lying and being in the 221s and 225th Districts, G. M. of Oconee County, Georgia, lying on the south side of Barnett Shoals Road, being bounded on the north by said Barnett Shoals Road and lands of Guardian Products, on the east by lands of John Kennon, Jr., on the south by lands of Kenneth Culp, lands of T. Benjamin Hansford and lands of Thaxton Turkeys, Inc., the centerline of Porters Creek
separating, and on the west and southwest by lands of, Kenneth Culp, lands of James Adams, and lands of Cynthia Jerrell et al, and being more particularly described as follows:
To find the true point of beginning, begin at a nail found at that point formed by the intersection of the centerline of Barnett Shoals - Road with the centerline of rail road lying easterly of the within lescribea property, thence running south 65 degrees 51 minutes 22 seconds east 448.14 feet to an iron pin found on the southerly right of way line of Barnett shoals Road, said pin being THE TRUE POINT OF BEGINNING, running thence along and with the southerly right of way line of Barnett Shoals Road the following courses and distances: south 55 degrees 23 minutes 40 seconds east 109.78 feet to an iron pin set, thence along a curve to the left an arc distance of 420.26 feet, said curve having a radius of 879.83 feet and being subtended by a chord distance of 416.27 feet at south 69 degrees 04 minutes 42 seconds east to a point, thence south 82 degrees 45 minutes 44 seconds east
1,325.67 feet to a point, thence along a curve to the left an arc distance of 167.62 feet, said curve having a radius of 4,711.60 feet and being subtended by a chord distance of 167.61 feet at south 83 degrees 46 minutes 53 seconds east 167.61 feet to an iron pin found, thence leaving the southerly right of way line of Barnett Shoals Road and running south 64 degrees 01 minute 50 seconds east 280.18 feet to iron pin found, thence south 68 degrees 52 minutes 00 seconds east 119.80 feet to an iron pin found, thence south 89 degrees 25 minutes 21 seconds east 121.77 feet to an iron pin found, thence north 82 degrees 47 minutes 54 seconds east 58.30 feet to an iron pin set, thence running north 82 degrees 47 minutes 54 seconds east 333.37iạifeet to iron pin found, thence north 77 degrees 18 minutes 34 seconds east 256.81 feet to iron pin found, thence north 70 degrees '32 minutes 30 seconds east 197.51 feet to an iron pin found, thence north 44 degrees 27 minutes 49 seconds east 8.12 feet to an iron pin set, thence running south 02 degrees 28 minutes 18 seconds west 1,529.49 feet to a point on the centerline of Porters Creek (iron pin set 20.00 feet back along last stated line), thence running along and with the centerline. of Porters Creek the following courses and diștances: north 75 degrees 30 minutes 00 seconds west 148.28 feet, south 83 degrees 18 minutes 58 seconds west 31.22 feet, north 70 degrees 08 minutes 31 seconds west 106.78 feet, south 32 degrees 33 minutes 13 seconds west 29.76 feet, south 65 degrees 42 minutes 49 seconds west 50.90 feet, south 84
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... ..
degrees 26 minutes 39 seconds west 27.94 feet, south 53 degrees 17 minutes 13 seconds west 26.44 feet, south 86 degrees 02 minutes 44 seconds west 58.27 feet, south 60 degrees 19 minutes 18 seconds west 34.13 feet, north 73 degrees 49 minutes 54 seconds west 40.89 feet, north 88 degrees 18 minutes 43 seconds west 73.02 feet, south 55 degrees 16 minutes 25 seconds west 43.23 feet, south 29 degrees 46 minutes 35 seconds west 25.33 feet, south 58 degrees 13 minutes 13 seconds west 50.15 feet, south 74 degrees 18 minutes 32 seconds west 105.84 feet, south 72 degrees 45 minutes 59 seconds west 120.41 feet, south 45 degrees 26 minutes 55 seconds west 25.26 feet, north 88 degrees 10 minutes 54 seconds west 24.52 feet, south 77 degrees 49 minutes 00 seconds west 150.59 feet, north 83 degrees 39 minutes 14 seconds west 26.59 feet, south 75 degrees 15 minutes 49 seconds west 105.74 feet, south 82 degrees 40 minutes 58 seconds west 99.11 feet, south 74 degrees 20 minutes 02 seconds west 93.70 feet, north 89 degrees 14 minutes 05 seconds west 24.83 feet, south 64 degrees 27 minutes 21 seconds wèst 28.63 feet, south 88 degrees 20 minutes 35 seconds west 31.36 feet, south 73 degrees 05 minutes 48 seconds west 73.67 feet, south 78 degrees 06 minutes 30 seconds west 141.95 feet to 'a point located on the centerline of Porters Creek (iron pin set 10.24 feet along next stated line), thence leaving the centerline of Porters Creek and running north 25 degrees 46 minutes 31 seconds west 369.40 feet to an iron pin found, thence north 16 degrees 29 minutes 12 seconds west 375.83 feet to an iron pin found, thence north 17 degrees 17 minutes 33 seconds west 99.93 feet to an iron pin found, thence north 36 degrees 47 minutes 25 seconds west 176.83 feet to an iron pin found, thence north 41 degrees 58 minutes 23 seconds west 204.12 feet to an iron pin found, thence north 44 degrees 05 minutes 51 seconds west 384.87 feet to an iron in set, thence north 40 degrees 42 minutes 41 seconds west 311.09 feet to an iron pin found, thence north 45 degrees 03 minutes 21 seconds west 333.63 feet to an iron pin found, thence north 38 degrees 19 minutes 35 seconds west 87.06 feet to an iron pin found, thence north 35 degrees 46 minutes 16 seconds west 263.08 feet to an iron pin found, thence north 29 degrees 08 minutes 08 seconds west 133.34 feet to an iron pin found on the southerly right of way line of Barnett Shoals Road, said iron pin being the true point of beginning.
The above described lands are shown and delineated as "55.217 ACRES IN CITY LIMITS OF WATKINSVILLE and 32.323 ACRES OUTSIDE CITY LIMITS" according to that certain plat of survey entitled "Survey for: Red' oak Development, Inc.," dated November 21, 2000, prepared by Woods & Chastain Surveyors, Inc., certified by Phillip D. Chastain, Georgia kegıstered surveyor No. 2771, which said, platis incorporated herein and made a part hereof by this reference.
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