Covenants
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• 258 North Broad St. Patterson 8: Kaye, LLC
Winder, GA 30680 Deed Doc: COVE
Recorded 08/12/2005 02:44PM STATE OF GEORGIA Beverly Logan
COUNTY OF BARROW BL 02935 Pg 0427-0433 Clerk Superior Count, Athens-Clarke County, Ga.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
THOMAS FARMS SUBDIVISION
Georgia corporation, (hereinafter referred to as "Declarant). THIS DECLARATION, made on the date hereinafter set forth by Star Homebuilders, Inc., a
WITNESSETH:
G.M. of Athens-Clarke County, Georgia and being all of that tract or parcel of land as depicted WHEREAS, Declarant is the owner of certain real property located in the 220th District, Page 357 N, et. seq., Athens-Clarke County, Georgia records, which Plat is incorporated herein and shown on a Subdivision Plat for Thomas Farms as per Plat recorded in Plat Book 0000F, and made a part hereof by reference thereto;
above, a development to be known as Thomas Farms Subdivision (hereinafter sometimes WHEREAS, Declarant intends to develop on lands, including the real property described referred to as the "Development);
above shall be held, sold and conveyed subject to the following easements, restrictions, NOW, THEREFORE, Declarant hereby declares that all of the properties referenced and which shall run with, the real property and be binding on all parties having any right, title or covenants, and conditions, which are for the purpose of protecting the value and desirability of, interest in the described properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof.
GENERAL COVENANTS AND RESTRICTIONS ARTICLE I
placed thereon: The following covenants and restrictions shall apply to all Lots and to all Structures erected or use; provided, however, that nothing herein shall be construed to prohibit or prevent Declarant or Section 1. Residential Use. All Lots shall be restricted exclusively to single-family residential for the purpose of carrying on business related to the development, improvement and sale of Lots any builder of residences on the Property from using any Lot owned by Declarant or such builder Common Property for sales offices or other sales purposes until the last Lot owned by Declarant and/or new homes on Lots and Declarant shall have the right to use any building located on the has been conveyed to an Owner. The Declarant shall have the right to reconfigure or re-subdivide Lots, as well as the right to reconfigure the roads located on the Property and Additional
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platted Lots owned by Declarant, or with the consent of the owner of said Lot. shall have a minimum of sixteen hundred (1600) square feet heated floor space. No Lot shall be used for any purpose except for single-family residential purposes. All homes No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed 2 ½ stories in height and a private garage for not more than three cars.
No Lot may be re-subdivided nor more than one dwelling may be placed on a lot. homes, modular homes, relocatable for relocated homes shall be placed or maintained on any Lot, No schools, churches, kindergartens, temporary buildings, shacks, tents, utility buildings, mobile the construction and sales phase of the subdivision. except that temporary construction buildings and sales offices may be placed by Declarant during Section 2. Debris. No rubbish or debris of any kind shall be dumped, placed or permitted to accumulate upon any portion of an Owner's Lot so as to render the same unsanitary, unsightly or accumulate during construction in accordance with usual and customary building practices. No offensive. However, Declarant and Builders shall be allowed to permit construction debris to nuisance shall be permitted to exist upon any portion of the Property.
Section 3. Erosion Control. No activity which may create erosion or siltation problems shall be undertaken on any Lot except for the initial construction of residences and development of the Property unless the same is approved by the Architectural Control Committee.
Section 4. Signs. No signs whatsoever shall be installed, altered or maintained on any Lot, or on any portion of a Structure visible from the exterior thereof; except: such signs as maybe required by legal proceedings;
not more than one "For Sale" or "For Rent" sign, with dimensions not to exceed 2' directional signs for vehicular or pedestrian safety;
Subdivision by Declarant and in conjunction therewith brochure holders. entry signs used to identify the Subdivision, marketing signs used to advertise the (V) following the consummation of the sale of any Lot, the sign located thereon shall be removed immediately.
Section 5. Fences. No chain link or cyclone fences maybe placed on the property, except that Declarant may, but is not required to, place such fences on the Common Area or on the the Architectural Control Committee prior to being erected. perimeters of the Property should Declarant deem it necessary. All fencing must be approved by Section 6. Vehicles. Recreational Vehicles. Trailers, etc. Recreational vehicles, trailers, campers, trucks (except pickups and vans), travel buses or any such equipment must be parked in extreme rear of property and sufficient natural cover erected to shield same from visibility from
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fourteen (14) days. No owners or occupants of any lot or parcel of land shall repair or restore any all streets. No inoperative vehicle shall be parked on any Lot for any period of time in excess of then only to the extent necessary to enable the movement thereon to a proper repair facility. vehicle of any kind upon any lot or upon any parcel of land, except for emergency repairs, and to be visible from the street for periods of more than 24 continuous hours. The term vehicles, as Vehicles shall not be parked on any subdivision strect or on any Lot excluding the driveway so as used in this paragraph, shall include motor homes, boats, trailers, trucks, buses, motorcycles, and automobiles. basketball goals, shall be set behind the front of the dwelling as such dwelling fronts on the street Section 7. Recreational Equipment. All recreational and playground equipment, including abutting such Lot and shall be subject to the approval of the Architectural Control Committee. used for a playhouse, a swimming pool, tennis court, a tool shed, a mailbox, a dog house or a Section 8. Accessory Structures. A detached accessory structure may be placed on a Lot to be exceed twenty feet (20') in height and shall conform in exterior design and quality to the garage; a garage may also be a detached accessory structure. Such accessory structures shall not dwelling on the same Lot. With the exception of a garage that is attached to a dwelling, an accessory structure placed on a Lot shall be located only behind the dwelling as such dwelling side and rear setback lines as may be required hereby or by applicable zoning law. However, fronts on the street abutting such Lot. Such accessory structures shall also be located with such there shall be no lighting for tennis courts or any other outside lighting on any Lot except as may be approved by the Architectural Control Committee, and except for one decorative post light, Any such accessory structure must be approved in advance, in writing, by the Architectural seasonal decorative lights at Christmas time, and illumination of a model home by Declarant. Control Committee.
improvements on the Property shall be undertaken and completed in accordance with the Section 9. Improvement of Lots. All construction of dwellings, accessory structures and all other (a) All construction shall be carried out in compliance with the laws, code, rules, regulations and orders of all applicable governmental agencies and authorities. (b) Only ornamental plants and shrubbery shall be allowed between the rear of the dwelling (c) Concrete block or cinder block shall not be used as a building material for the exposed exterior surface of any dwelling or accessory structure constructed or placed on any Lot. (d) No Lot or property shall be used as a dumping ground for rubbish or garbage. All garbage containers shall be decoratively screened so as not to be visible from the street or debris and trees on Lots as needed for efficient construction. adjoining Lots. However, Declarant shall be allowed to dump and bury construction (e) Only one mailbox shall be located on any Lot, which mailbox shall be selected to be consistent with the quality and design of surrounding dwellings and mailboxes and shall be placed and maintained to complement the dwelling to which it is appurtenant to the extent such mailbox is permitted to be located and maintained by the United States Postal Service, its successors and assigns. All mailboxes shall be of a standard type as
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prescribed by the ACC.
(f) No lumber, bricks, stones, cinder blocks, scaffolding, mechanical devices, or any other materials or devices used for building purposes shall be stored on any Lot except for such building materials or devices be stored on any Lot for longer than the length of time purposes of construction of a dwelling or accessory structure on such Lot nor shall any reasonably necessary for the construction in which such materials or devices are to be (g) No exposed above-ground tanks for the storage of fuel or water or any other substance design of which must first be approved by the ACC. No solar collector panels of any shall be located on any Lot other than apparatus relating to solar energy, the location and rear of the dwelling forward toward the street upon which said Lot is adjacent. description shall be mounted on the front or side of any structure or on the Lot from the (h) Adequate off-street parking shall be provided for each Lot.
(1) All garages must have doors, and each garage door must be coordinated in design and color with the dwelling to which it is appurtenant. (1) Any construction on a Lot shall be at the risk of the Owner of such Lot and the Owner of construction on such Lot; repairs of such damage must be made within thirty (30) days such Lot shall be responsible for any damage to any curbing or street resulting from after completion of such construction.
(k) Exterior TV or radio receiving equipment, which extends more than six feet (6') above the highest part of the roof, shall not be permitted. No free standing antennas whatsoever inches (36") shall be permitted. The word "antenna" as used herein are permitted on any Lot, except that one satellite dish with a diameter less than thirty-six communication signal. shall include any and all devices designed to receive or transmit any type of (1) No trees which are left on the lot after the dwelling is constructed shall be removed without the express consent of the ACC, except for diseased or dead trees, trees needing an in ground swimming pool, rear yard play facility, or fence. to be removed to promote the growth of other trees, or trees in the way of construction of (m) No fences shall be placed on any Lot closer to the street upon which any Lot fronts than the rear most portion of the dwelling erected thereon. All fences shall be located at the dwelling. rear of each dwelling and shall extend no closer to the street than the rear of such (n) No clotheslines, drying racks, or fence used for drying clothes shall be constructed or permitted on any lots. Section 10. Animals. No animals, including birds, insects and reptiles, maybe kept on any Lot unless kept thereon solely as household pets and not for commercial purposes. No livestock or poultry of any kind shall be kept on any Lot. "Livestock" as used herein shall be defined as those livestock. No animal shall be allowed to become a nuisance. animals as, from time to time, are so defined by the Georgia Department of Agriculture as being ("ACC") shall be composed of the officers of STAR HOMEBUILDERS, INC. The majority of Section 11.Architectural Control Committee. The Architectural Control Committee
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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 that the Architectural Control Committee, or its designated representative, fails to approve or disapprove plans and specifications within thirty (30) 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 made. For any lot owner, or its agent, to rely on the provisions of this section for failure of the Committee to respond within the time period designated, any such person or entity seeking approval of plans and specifications must first have made such requests in writing and transmitted same to Architectural Control Committee via certified mail, return receipt requested, to such address as the Committee may designate.
ARTICLE II
ENFORCEMENT
Section 1. Right of Enforcement. This Declaration and the Restrictions contained herein shall inure to the benefit of and shall be enforceable by (i) the Declarant so long as an Owner, and each owner, his legal representatives, heirs, successors and assigns. (ii) the Association and (iii) each owner, his legal representatives, heirs, successors and assigns. Should any action be brought to enforce any of these covenants, the prevailing party shall be entitled to an award for its reasonable attorney's fees. Section 2. Specific Performance. Nothing contained in this Declaration shall be deemed to affect or limit the rights of the Declarant, the Association or any Owner to enforce the Restrictions by appropriate judicial proceedings or to recover damages. However, it is hereby declared that it may be impossible to measure accurately in money the damages which will accrue to a beneficiary hereof, its transferees, successors or assigns, by reason of a violation of, or failure to perform any of the obligations provided by, this Declaration; and, therefore, any beneficiary hereof shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions hereof.
ARTICLE III
DURATION AND AMENDMENT
Section 1. Duration and Perpetuities.
The provisions of these covenants shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, however, so long as Georgia law limits to twenty (20) years, the period during which covenants restricting lands to certain uses may run, any provisions of these Covenants affected thereby shall run with and bind the land for a period of twenty (20) years from the date these Covenants are filed for record in the
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Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia, after which time such provisions shall be automatically extended, if permitted by law, for successive periods often (10) years, unless an Instrument, signed by at least Seventy-Five Percent (75%) of the then Owners of record and the holders of first mortgages on their Lots has been recorded In the Office of the Clerk of said Court, agreeing to terminate or change such provisions in whole or in part. or other conveyance thereof; thereby agrees that the provisions of these Covenants may be Every purchaser or grantee of any interest in any portion of the Property, by acceptance of a deed extended and renewed as provided in this section.
(b) If any of the covenants, conditions, restrictions, easements or other provisions of these Covenants shall be unlawful, void or voidable for violation of the Rule Against Perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the survivor of the now living descendants of Her Majesty Queen Elizabeth II, the Queen of England.
Section 2. Amendment. These Covenants may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation or judicial determination which shall be in conflict therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to these Covenants, (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots subject to these Covenants, or (iv) if such amendment is necessary to enable any governmental agency, such as the Federal Housing Administration, the Veterans Administration, or reputable private insurance company to insure mortgage loans on the Lots subject to these Covenants; provided any such amendment shall not adversely affect the title to any Owner's Lot, unless any such Owner so affected thereby shall consent thereto in writing. These Covenants may be amended at any time and from time to time by an agreement signed by at least seventy five (75%) percent of the Owners; provided, however, such amendment by the Owners shall not be effective unless also signed by the Declarant, if Declarant is the owner of any real property subject to these Covenants; and provided further, however, no amendment the Declarant. No amendment to the provisions of these Covenants shall alter, modify, change or affecting the Declarant's right to add additional property shall be effective unless also signed by rescind any right, title, interest or privilege herein granted or accorded to the holder of any mortgage encumbering any Lot or the Common Area affected thereby unless such holder shall consent in writing thereto. Any such amendment shall not become effective until the instrument evidencing such change has been filed of record in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia. The written consent thereto of any mortgage holder affected thereby shall also be filed with such amendment. Every purchaser or grantee of any interest in any real property now or hereafter subject to these Covenants, by acceptance of a deed or other conveyance therefrom thereby agrees that these Covenants may be amended as provided in this Section.
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Declarant:
STAR HOMEBUILDERS, INC. HOME By:_
Starke V. Hudson, Sec.
Signed, sealed and delivered, this
1 day of August, 2005.
Notary Public
My Commission Expires: