0. DWELLING TYPE:  No mobile homes, double wide mobile homes, modulars, prefabs, or similar type of any kind will be used or located on any lot at any time either temporarily or permanently.  All homes must be constructed on site.  No metal outbuildings shall be permitted on property.  No structure of a temporary character, such as a camper, travel trailer, lean-to, tent, shack, garage, basement, barn or other outbuilding will be used on any lot at any time as a residence either temporarily or permanently. 

 

0. EXTERIOR FINISH:  The exterior finish of all homes must be wood, log, brick or stone.  All poured concrete or concrete block foundations must be covered with brick, stone or painted stucco.  All painted or stained surfaces must be in earthtone colors, no pastel colors permitted.  Tin roofs are allowed only if they are the pre-painted tin material.  The galvanized tin with “shiny” appearance is not allowed.  It is the intent and purpose of this restriction to insure that all dwellings shall be “quality” workmanship and materials.

 

0. DWELLING SIZE:  Each single-family residence shall be constructed with a minimum of Seventeen Hundred (1,700) square feet of heated living space, excluding porches, decks, garages and basements.  If dwelling is a two story, the first floor must be a minimum of 900 square feet with the second floor being a minimum of 800 square feet.

 

0. CONSTRUCTION:  All construction shall comply with all local and state codes and be of reasonable architectural design.  The exterior of all structures to be constructed shall be complete within twelve (12) months from the date that construction begins.  Construction on any lot shall be only permitted during the hours of 7:00 a.m. and 7:00 p.m., Monday thru Saturday.  Construction shall not be permitted on Sunday. Any damage to roads, adjacent properties or other common property shall be the responsibility of the owner and builder.  Should the damage caused remain non-repaired for (10) ten days after certified notice is given to the homeowner, the Homeowner’s Association shall be entitled to have the repairs completed and a lien shall be placed on the homeowner’s lot for the amount of said repairs and any costs incurred to place said lien.  The construction site must be kept clean of debris and waste must be disposed of properly and in a timely manner. A freestanding, enclosed toilet (Port-a-Pot) be installed on the lot prior to beginning construction of the home, cleaned out regularly as not to cause odor and removed as soon as home is completed.

 

0. MOUNTAIN PROTECTION ACT:  All lots are located within the Mountain Protection Ordinance as mandated by the State of Georgia.  All lots owners must abide by these ordinances.

 

0. SET BACKS:  No building or any part thereof including garages and porches shall be erected on any lot closer than ten (10) feet to the line bordering any subdivision road or closer then ten (10) feet to either side lot line.  Where two or more lots are acquired as a single building site the lot lines shall refer only to lot lines bordering adjoining property owners.

 

0. MAINTENANCE:  No lot shall be used in whole or in part for any illegal activity or for the storage of rubbish of any character whatsoever or for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnoxious to the eye nor shall any substance thing or material be kept upon any lot that will omit foul or obnoxious odors or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property.  Trash and garbage must be properly disposed of in container designed for that purpose.

 

0. DRIVEWAYS:  All driveways must be maintained & covered in, gravel, asphalt or concrete.

 

0. FENCES:  No chain link or barbwire fences shall be permitted.

 

0. VEHICLES:  No wrecked or unlicensed (untagged) motor vehicle, utility trailer, camper trailer, recreational vehicle (RV), junk nor household appliances shall be kept or store in plain view on any lot, except that such may be kept or store, enclosed in a building so as not to be subject to view by lot owners or from the subdivision roads, however, a recreational vehicle (RV) may be parked upon the lot of an owner for a visiting guest for up to seven (7) days in a 30 day period.  No industrial, commercial or farm equipment or vehicles, including without limitation to dump trucks, moving vans, buses and lowboy trailers, shall be allowed to park or remain on the Property, except for so long as necessary for use in connection with ongoing construction. Further, no trash, garbage, or rubbish or other wastes shall be kept upon any lot expect in closed, sanitary containers.  Personal recreational vehicles such as motorcycles, ATV’s, golf carts or off road vehicles shall be operated in a safe manner at a moderate speed (not to exceed 15 m.p.h.), and shall be operated in a fashion such that they are not a nuisance to the comfort, convenience and peaceful enjoyment of all property owners.

 

0. UTILITIES/EASEMENTS:  All new utility lines (including electrical and telephone) shall be placed underground and none shall be placed overhead.  Easements for the installation and maintenance of roads and utilities are hereby reserved whereby electrical lines and water lines with all essential clearing may be installed within the road right-of-way and along lot lines where feasible.  All claims for damages, if any, arising out of the construction, maintenance, and repair of utilities or on account of temporary inconveniences caused thereby against the owners of any or their agents is hereby waived by the property owners.  All lots are subject to easements for installation and maintenance of utilities.

 

0. ROADWAY: The roads or streets are identified as privately maintained and are private ways and are not maintained by state, county, city or other public agencies.  A right-of-way easement of fifty (50) feet in width is reserved over and across the roads, which traverse the subdivision as shown on the Plat for the purpose of ingress and egress and to include Chinquapin Ridge, for the benefit of all property owners including the out parcel (aka Tract 1) at the top of the ridge. The property owners & Tract 1 shall be responsible for the maintenance of the paved access roads with each lot owner contributing his or her pro rata share for maintenance including the maintenance of Chinquapin Ridge Road. Tract 1, 13,14,15 & 16 shall be responsible for the maintenance of the paved private 20’ road easement.

 

0. RIGHT OF WAY:  No structure of any type shall be placed upon those portions of the property reserved for public utility easements and for public roadway for ingress and egress, nor will the roadway be obstructed, blocked or modified in any way not clearly in the public interest.  It is further understood that property owners whose property is located on Chinquapin Ridge have legal access to said Chinquapin Ridge Road for ingress and egress.  The out parcel located at the top of the ridge within Eagles Chase has legal ingress and egress to all roads.

 

0. DAMAGES:  Any damage caused by lot owner’s guest(s), builder or sub-contractor(s) to any of the common area and/or community improvements shall be the responsibility of the owner.  Should the damage caused remain non-repaired for (10) ten days after certified notice is given to the lot owner, the Homeowner’s Association shall be entitled to have the repairs completed and a lien shall be placed on the lot owner’s property for the amount of said repairs and any costs incurred to place said lien. 

 

 

0. ANIMALS:  No animals, livestock or poultry shall be raised, bred or maintained on any subdivision lot for commercial purposes.  Dogs, cats or other ordinary household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes.  Pets must be kept under control and shall not be permitted to annoy neighbors.  No vicious or aggressive animals shall be permitted, and any animal exhibiting such behavior shall be removed from the subdivision.  No outside pens or shelters for pets will be permitted.

 

0. NUISANCES:  No noxious or offensive activities shall be permitted or carried on upon any lot, nor shall anything be done thereof which may be or become an annoyance or nuisance to the neighborhood.  No offensive, noisy or illegal activity shall be suffered or permitted upon any lot, nor shall any lot be used for illegal purposes.  No outdoor light that shines onto another’s property causing annoyance to the other owner shall be permitted nor shall loud music that carries and causes annoyance to another property owner be permitted.

 

0. CLOTHESLINES:  No garments, laundry, rugs or other articles may be aired or dried on any Lot.

 

0. SIGNS:  No commercial signs shall be erected or maintained upon any lot or subdivision road, except:

(A) Lot owner’s or real estate brokers’ signs of “for sale” or “for rent” and shall not be larger than 36” x 36”; or

(B)  Signs placed by the developer for the identification, promotion and sale of lots with the subdivision or homes erected thereon; or

(C) Street name or traffic control signs placed by the developer or appropriate governmental authority; or

(D) Signs required by legal proceeding.

 

 

0. ENFORCEMENT:  These covenants and restrictions shall be recorded in the deed records of Towns County, Georgia, and shall run with said land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date of recording after which time, said covenants shall be automatically extended for a successive period of ten (10) years unless an instrument signed by a majority of the owners of record of the land, agreeing to change said covenants and restrictions, in whole or part.

 

 

 

IN WITNESS WHEREOF, the owners hereby affix their hands and seals this  _____ day of _______, 2006.

 

 

                                          NORTH GEORGIA LAND VENTURES, LLC.

 

                                                By: _________________________________

      William H. Cronk

 

                                                By: _________________________________

                                                            Teresa M. Cronk

___________________________

Witness

 

 

 

Sworn to and subscribed before me

This _____ day of ___________, 2006

 

 

_____________________________

Notary Public