Rocky Branch Farms Homes for Sale

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FILED IN OFFICE 0000629 Retum to: LERK OF SUPERIOR COURT

OCOHEE COUNTY. GEORGIA

Russell T. Quarterman

Russell T. Quarterman, P.C. 00 MAY 31 PM 12: 10

1671 Meriweather Drive REC. BOOK 505 PAGE L29. 637 Suite 103

Bogart, Georgia 30622 DATE 6-T2000 (706) 543-7777 SANDRA C. GLASS, CLERK

STATE OF GEORGIA

COUNTY OF OCONEE

PROTECTIVE COVENANTS

THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this the 25™ day of May, 2000, by JAMES L. WHITLEY hereinafter referred to as Declarant.

WITNESSETH:

THAT WHEREAS, said JAMES L. WHITLEY is the owner of that property shown on that certain plat entitled "Final Plat for Rocky Branch Farms Phase 1" dated February 23, 2000, prepared by Woods & Chastain Surveyors, Inc., and recorded in Plat Book 32, Page 46, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, and that property shown on that certain plat entitled "Final Plat for Rocky Branch Farms Phase 2," dated May 10, 2000, prepared by Woods & Chastain Surveyors, Inc., and recorded in Plat Book 32, Pages 55-56, in the Office of the Clerk of the Superior Court of Oconee County, Georgia; and

WHEREAS, it is to the interest, benefit, and advantage of said James L. Whitley and to each and every person who shall hereafter purchase any numbered lots in said subject property, that certain protective covenants governing and regulating the use and occupancy of the same be established, set forth, and declared to be covenants running with the land; and

WHEREAS, the said James L. Whitley hereby specifically declares these Protective

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0000630 Covenants to be and made applicable to, and only to the property described in Exhibit A attached hereto and incorporated herein;

NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by Rocky Branch Farms and each and every subsequent owner of any of the numbered lots in said subject property, said Rocky Branch Farms does hereby set up, establish, promulgate and declare the following protective covenants to apply to, and only to, each and all of said numbered lots in said subject property, and to all persons owning said lots, or any of them hereafter; these protective covenants shall become effective immediately and run with the land and shall be binding upon all persons claiming any such numbered lot (hereinafter "lot"') under and through Rocky Branch Farms until 25 years from the date of recording of these protective covenants at which time said covenants may be extended or terminated in whole or in part as hereafter provided, to-wit: 1. LAND USE AND BUILDING TYPE. No lot shall be used, except for residential purposes. Provided, however, in the event a single family residence is maintained as a model home for the purpose of marketing single family residences for sale on the subject property, said maintenance of a model home shall be a permitted use. No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling, constructed and maintained for the use and occupancy of a single family unit and private garage for not more than three cars and other outbuildings customarily used in connection with and incidental to a single family dwelling.

ARCHITECTURAL CONTROL. No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plat showing location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to

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topography and finish grade elevation. No fence or wåll shall be erected, placed, or altered on any lot nearer to any street than the front line of the house, unless similarly approved. No fences shall be erected within 25 feet of any side, front, or rear lot lines without prior written approval from the Architectural Control Committee. Approval shall be as provided in Paragraph 18 below.

3. DWELLING COST, QUALITY AND SIZE.

(a) All one-story dwellings must contain a minimum of 2000 square feet and all twostory dwellings must contain a minimum of 2200 square feet.

(b) Each residence and other structures shall be constructed only of materials, and in colors, approved in writing by the Architectural Control Committee with the exterior of the residences being brick or stucco or rock. Siding may be used if deemed to be necessary by the Architectural Control Committee for the "Architectural Style" ofthe home.

4. BUILDING LOCATION. No building shall be located on any lot nearer to the front line or nearer to the side street line than the minimum building set-back lines shown on the recorded plat. No building shall be located nearer than 10 feet to an interior lot line. No dwelling shall be located on an interior lot nearer than 20 feet to the rear lot line. For the purposes of this covenant, eaves and steps shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building to encroach upon another lot.

5. GARAGES. There shall be no garages which front on a street, except in the case of comer lots. In that event, the location of the garage shall be subject to the approval of the Architectural Control Committee.

6. FENCES. No fences shall be allowed except chainlink fences with black coating no greater than five (5) feet high. No fences shall be allowed in front or side yards.

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0000632 7. MAILBOXES. The Architectural Control Committee shall have the right to approve the location, color, size, design, lettering and all other particulars of mail and newspaper boxes, if any, and of name signs on such boxes, as well as property identification markers and decorative hardware, whether attached to such mail-box, to any structure within the Lot or affixed or erected upon the grounds of the Lot. All mailboxes shall be cast iron, in style and shape approved, by the Architectural Control Committee.

8. LANDSCAPING. All front yards shall be sodded and shall have underground irrigation systems sufficient to provide water to the aforementioned sodded areas.

9. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on said plats so recorded in said Clerk's Office in Plat Book 32, Page 46 and Plat Book 32, Pages 55-56 and over the rear ten feet of each lot.

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

11. TEMPORARY STRUCTURES. No structures of a temporary character, trailer, basement, tent, shack, garage, detached carport, or other outbuilding shall be used on any lot at any time as a residence temporarily or permanently. Provided, however, during the construction of dwellings on the subject property, construction trailers may be maintained.

' 12. 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, tunnels, mineral excavations or shafts be permitted upon any lot; and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on, upon, or in any lot.

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0000633 13. No exposed above ground tanks will be permitted on any lot for the storage of fuel, water, or for any other use. Television "dish" antennas shall not be permitted in the front yard of any lot and shall not be visible from the front yard of any lot, Antennas on a corner lot are required to be shielded from view from the side street. In any event, if antennas are allowed, they can only be placed in the rear yard, must be shielded from view, and must be approved by the Architectural Control Committee.

14. 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 to advertise the property during the construction period.

15. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided they are not kept, bred, or maintained for any commercial purposes.

16. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or waste. All incinerators or other equipment for the storage or disposal of such material are prohibited.

17. SEWAGE DISPOSAL. No individual sewage-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 such authority.

18. BOATS, CAMPERS, AND MOTOR HOMES. The parking of any boats, campers, and motor homes is prohibited unless same are parked in the rear yard on a concrete pad shielded from view from adjacent lots.

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0000634 19. POOL COVERS. No pool covers shall be permitted which are higher than six inches above the swimming pool deck except by written authorization from the Architectural Control Committee.

20. SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge, or shrub planting which obstructs sign 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 lines 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, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot which is within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstructions of such sight lines

21. ARCHITECTURAL CONTROL COMMITTEE.

a. Membership. The Architectural Control Committee is composed ofJames L. Whitley and Brenda Whitley. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member ofthe committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant.

The Architectural Control Committee shall have the right to grant variances to these covenants provided that said grant is in writing and signed by a majority of the Architectural Control Committee.

b. Procedure. The committee's approval or disapproval as required in these covenants • shall be in writing. In the event the committee, or its designated representative, fails to approve or

00505 8635 0000635šŘŚ disapprove within 30 days after the plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with .

22. TERMS. 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 25 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive period of 10 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.

23. ENFORCEMENT. Enforcement 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.

24. PROPERTY OWNERS ASSOCIATION AND STORM WATER MAINTENANCE FACILITIES. There shall be a Property Owners Association established by the Declarant to own and maintain the storm water detention facilities set forth on the plat of the subject property and any other amenities in the subdivision which the Declarant conveys to said Association. The Association shall be operated in accordance with the Official Code of Georgia Annotated §§44-3220 et seq. Each Lot Owner shall be required to be a member of the aforementioned Association. The cost of the maintenance of the storm water detention facility and amenities, and all other expenses incident thereto which may be required by local and state law shall be paid by the Association. The Association shall assess each Lot Owner for the costs described above on an

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

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has executed this instrument under his seal this the 25 day of May, 2000.

Let it litter (ON) JAMES L. WHITLEY

Signed, sealed and delivered

in the presence of:

Kine taff Wheless

Witness

M. Jo Studdard

Notary Public MY COMMIssion

MARCH 8, 2

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EXHIBIT A 0000637 TRACT ONE:

All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 239" District, G.M., Oconee County, Georgia and being more particularly shown on that plat of survey entitled "Final Plat for Rocky Branch Farms Phase 1" dated February 23, 2000, prepared by Woods & Chastain Surveyors, Inc., and recorded in Plat Book 32, Page 46, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, reference to which is hereby made for a more particular description of the property herein described.

LESS AND EXCEPT: All those tracts or parcels of land, together with all improvements thereon, situate, lying and being in the 239" District, G.M., Oconee County, Georgia, and being known as Lots 20 and 21, Block A, on the above-referenced plat.

TRACT TWO:

All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 239ạiDistrict, G.M., Oconee County, Georgia and being more particularly shown on that plat of survey entitled "Final Plat for Rocky Branch Farms Phase 2, dated May 10, 2000, prepared by Woods & Chastain Surveyors, Inc., and recorded in Plat Book 32, Pages 55-56, in the Office of the Clerk of the Superior Court of Oconee County, Georgia, reference to which is hereby made for more particular description of the property herein described. LESS AND EXCEPT:

All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 239iạiDistrict, G.M., Oconee County, Georgia, and being known as Lot 24, Block B, on the above-referenced plat.