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STATE OF GEORGIA DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS
W I T N E S S E T H WHEREAS, the Developer is the owner of a tract of land known as HERON POINT SUBDIVISION, according to a Plat of Survey made by Helmly & Associates, Inc., dated October 22, 1985, and recorded in the office of the Clerk of the Superior Court of Bryan County, Georgia, in Plat Record Book M, Pages 116 and 117, which Plat by this reference is incorporated herein and made a part hereof. (Said HERON POINT SUBDIVISION is hereinafter referred to as the "Subdivision" and the lots in the Subdivision are hereinafter referred to as "Lots"); and, WHEREAS, it is to the interest and advantage of the Developer and to each and every person, corporation, partnership, or other entity who shall hereafter purchase any Lot in the Subdivision, 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; and, WHEREAS, the Developer has deemed it desirable for the efficient control and preservation of the values of the Subdivision to create an agency to which should be delegated and assigned the powers of reviewing plans, thereby enforcing these Covenants and Restrictions; and, NOW, THEREFORE, for and in consideration of the premises and of the benefits to be derived by Developer and each and every subsequent owner of any Lot in the Subdivision, this Developer does hereby set up, establish, promulgate and declare the following Protective Covenants and Restrictions to apply to all of the Lots in the Subdivision, and to all owners hereafter owning one or more of said Lots, to-wit; 1. LAND USE AND BUILDING TYPE: 2. ARCHITECTURAL CONTROL: (a) The Architectural Committee
shall consist of three (3) members who shall be designated by the Developer.
The initial Committee shall consist of Charles L. Stafford, James D. Getty,
Jr., and DeVaul L. Henderson, Jr., whose address for purpose of notice
under these restrictions shall be Post Office Box 460, Richmond Hill,
Georgia 31324. If at any time the Developer shall fail to designate the
three members of this Committee, such member or members as required to
maintain the three member Committee may be appointed by the vote of the
majority of the owners of the Lots in the Subdivision. (c) The Architectural Committee's
approval or disapproval, as required in these Covenants, shall be in writing.
In the event the Architectural Committee fails to approve or disapprove
the construction plans, specifications, exterior colors and finishes, and
plot plan within thirty (30) days after the same have been submitted to it, approval will not be required
and the approval of the Architectural Committee shall be deemed to have been given; provided, however, that
such failure to disapprove shall not been [sic] deemed to waive compliance with these
Covenants as to other matters and future events. If such approval is not sought, and construction of
any such improvements is commenced, suit to enjoin completion of construction may be brought
at any time prior to the completion of such improvements. 3. DWELLING QUALITY AND SIZE: No plans will be approved unless the proposed residence has a minimum square footage of 1,500 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used in this Paragraph shall mean the total enclosed area within a dwelling; provided, however, that such term does not include garages, boat sheds, terraces, decks, open porches, and the like areas; and provided further that shed-type porches, even though attached to the house, are specifically excluded from the definition of the aforesaid term "enclosed dwelling area". 4. NUISANCES: No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No outbuilding, satellite dish, antenna, tent, mobile home, trailer or temporary building of any kind shall be permitted on any Lot except if approved by the Architectural Committee as required in Paragraph 2 above. No trailers, boats or campers may be permitted or maintained on any Lot, except within a fenced rear yard area or area shielded by shrubbery. No vehicle of any type shall be parked on grassed areas. Landscaping, shrubbery, grass and fences shall he maintained at all times. 5. SIGNS: No sign of any kind shall be displayed to the public view on any Lot except one (1) sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder or construction lender to advertise during the construction and sales period. 6. LIVESTOCK AND POULTRY: No
animals, livestock or poultry of any kind shall be raised, bred 7. ADDITIONAL OR MODIFICATION OF COVENANTS: The Developer may include in any contract or deed that may hereafter be made or given, additional protective covenants and restrictions, provided the same shall not be inconsistent with those contained herein. The Architectural Committee reserves the right to amend these protective covenants and restrictions, or to grant variances to any of said protective covenants and restrictions, the Architectural Committee having the right to make such modifications or grant such variances without the concurrence of individual lot owners. 8. ENFORCEMENT: Enforcement of these Protective Covenants and Restrictions, and actions against violations thereof, shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any Covenant herein, and may be brought to restrain the violation or recover damages, or both. Any person bringing such action must be either the Developer or a Lot Owner. 9. SEVERABILITY: Invalidation of any one or more of the Covenants or Restrictions herein contained, by Judgment or court order, shall in no manner affect any of the other provisions and covenants or restrictions herein, which shall remain in full force and effect. 10. TERMINATION AND/OR EXTENSION OF DECLARATION: The Protective Covenants, as herein provided, shall constitute Covenants and Restrictions running with the land and binding on all persons claiming under and through the Developer until January 1, 2006, at which time said Covenants and Restrictions shall terminate unless extended, in whole or in part, by a written extension agreement filed of record in the Office of the Clerk of the Superior Court of Bryan County, Georgia, a minimum of One Hundred Eighty (180) days before said termination date. To constitute a valid extension of these Covenants and Restrictions, the same must be approved in writing by the then record title owners of a minimum of Eighty (80) per cent of the Lots in the Subdivision and any additional phases or Lots later made subject hereto by the Developer. 11. EASEMENTS: The Developer reserves unto itself, its successors and assigns, a perpetual, alienable and releasable ten (10) foot drainage and utility easement on, over, and under the perimeters of each lot, except for the lot perimeters adjoining any marsh area for the purpose of utilities, including cables, conduits, pipes, sewers, water lines and mains, and other required equipment for electric power, telephone equipment, cable television, gas, sewer, water, drainage or other public convenience; provided, further, that the Developer may cut drainways for surface water within said easements, whenever such action may appear to the Developer to be necessary in order to maintain reasonable standards of health. These easements expressly include the right to cut any trees, bushes, or shrubbery, make any gradings of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain standards of health, safety and appearance. 12. TEMPORARY STRUCTURES: No structure of a temporary character shall be placed upon any Lot at any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during site construction of the main residential dwelling, it being understood that these latter temporary shelters may not, at any tine, be used as residences or permitted to remain on the Lot after completion of construction. 13. FUEL TANKS: No fuel tank or similar storage receptacle may be exposed to view on any Lot, and said tank or receptacle may be installed only within either the main residential dwelling, any accessory building, the screen area or buried underground. 14. SUBDIVISION OF LOTS: No Lots shall be subdivided, or their boundary lines changed, except with the written approval of the Architectural Committee. The Developer hereby expressly reserves to itself, its successors and assigns, the right to replat any Lot and to take such other steps as are reasonably necessary to make such replatted Lot suitable and fit as a building site. 15. NO TRESPASS: Whenever the Developer is permitted by these Covenants to correct, repair, clean, preserve, clear out or do any action on any Lot, the taking of such action shall not he deemed a trespass. 16. BUILDING LOCATION: No building, or other structure, shall be erected on any Lot within the following areas: (i) 50 feet of any road or access right of way, adjacent to or abutting said Lot; (ii) 12 feet from a common boundary line between any Lot and another Lot; (iii) 35 feet from the rear boundary line of any Lot. However, any Lot having frontage on the marsh may have a residence constructed thereon closer than said 30 [sic] feet. In addition to the setbacks as herein specified, all setbacks as shown on the Subdivision plat, must also be complied with. Deviations from the setbacks as herein provided, or as set forth on the Subdivision Plat, may be made only with prior written approval of the Architectural Committee. 17. CUTTING OF TREES: After the required cutting for the construction of any residential dwellings and driveways, no living tree having a diameter greater than twelve (12) inches, breast high, may be cut on any of the Lots, or other areas in the Subdivision, without the prior written approval of the Architectural Committee. 18. WELLS: No well may be drilled, maintained or operated on any Lot without the prior written approval of the Architectural Committee. In the event that permission is granted, all tanks and pumps must be appropriately screened from adjoining residences, streets, creeks, and marshes, and meet all setback requirements. 19. FEES FOR WATER SYSTEM: (a) No fee shall be collected for water usage until the dwelling on a Lot is occupied. (b) During the first twelve
(12) months from the date of recording of this instrument, the charge
for water shall be a flat rate of $12.00 per month. Thereafter, the owner
of the water system shall have the unlimited discretion to (i) install
individual water meters for each Lot and charge according to the amount
of water used per said meters; or (ii) to increase the flat rate for water
usage. (c) There shall be a water tie-in fee of $350.00 per Lot to be paid at the time of the purchase of said Lot from the Developer. 20. PIERS, WHARVES AND DOCKS-MARSHLANDS:
(a) No piers, wharves, docks, or other structures of any kind shall be erected, placed, or allowed on, in or over any creek or marsh adjacent to the Subdivision without the prior written approval of the Architectural Committee. (b) The Developer does not warrant title to any marshes or the use thereof by the property owners whose Lots adjoin the marsh areas. (c) No owner of a Lot shall take any action to change the levels or courses of any watercourse or drainage ditch without the prior written approval of the Architectural Committee. The owner of each Lot which adjoins a marsh, drainage ditch, creek or swale shall keep that portion of such marsh, drainage ditch, creek or swale lying within or contiguous to his Lot in a clean and orderly condition and shall maintain the proper depth and grade of such ditch, creek or swale. 21. MAILBOXES: No mailboxes or receptacles for the delivery of newspapers shall be erected on any Lot without the prior written approval of the Architectural Committee. 22. VEHICLES AND EQUIPMENT: Non-operable vehicles will not be permitted to remain on any Lot for more than sixty (60) days. No major work on any equipment, including but not limited to automobiles, shall be allowed on any Lot unless the equipment is within the confines of a building structure. 23. DUAL FACINGS OF RESIDENCES: All residences and buildings located on any Lots abutting marsh areas or creeks shall be so designed and oriented on their sites so as to present an attractive appearance from the road, lane or accessway, and from the marsh areas and creeks. IN WITNESS WHEREOF, the Developer has executed these Protective Covenants, under seal, effective the date and year first above written. /S/ Charles L. Stafford
Executed in the presence of: /S/ Witness
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