DECLARATION OF PROTECTIVE COVENANTS FOR BLACK RIVER BUCHANAN LANDING DRIVE SUBDIVISION PHASE I RESTATEMENT [THIS DECLARATION was made and originally published on 6/16/2001, by the WIDCO GROUP, INC, hereinafter referred to as the "Declarant", but has been amended 13 times; such amendments are reflected herein, and are described at the end of this restatement.] WITNESSETH: WHEREAS, a subdivision known as BLACK RIVER BUCHANAN LANDING DRIVE SUBDIVISION, is being developed on the real property described in Article I of this Declaration; and WHEREAS, Declarant desires to subject the Property to the protective covenants, conditions, restrictions, and assessments hereinafter set forth, which are for the purpose of protecting the value and desirability of said Property and for the benefit of the present and subsequent Owners of the Property; NOW, THEREFORE, Declarant hereby declares that the real Property described in Article I of this Declaration is hereby subjected to this Declaration and is and shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the protective covenants, conditions, restrictions, and easements (sometimes referred to herein collectively as "covenants and restrictions") hereinafter set forth. Every grantee of any interest in such Property shall take subject to this Declaration and to the terms and conditions hereof and shall be deemed to have assented to said terms and conditions. ARTICLE I DEFINITIONS 1. "DECLARANT": Shall mean and refer to The Widco Group, Inc., its heirs, administrators,, successors and assigns.
2. "PROPERTY": Shall mean and refer to all those lots, tracts, or parcels of land lying and being in. the 32nd G. M. District, Charlton County, Georgia, more particularly described as follows:. [Phase 1] All of the Lots of BLACK RIVER BUCHANAN LANDING DRIVE Subdivision, Phase I, as more fully and accurately shown on that certain plat of survey by Merlin J. Tomberlin, Georgia Registered Land Surveyor No. 2477, dated April 10, 2000, recorded in Plat Book E, Page 270, on April 12, 2000, Charlton County, Georgia, records; and [Phase 2] More particularly described with reference to that certain plat of survey by MERLIN J. TOMBERLIN & ASSOC. dated 02/25/2002, approved by Merlin J. Tomberlin, G.R.L.S., which has been recorded with the said land records in Plat Book F, page 86, being all of Lots, Numbered: 1 thru 10; and [Phase 3] More particularly described with reference to that certain plat of survey by A & J Professional Land Surveyors dated 06/23/2003, approved by Kathy L. Wade, G.R.L.S., which has been recorded with the said land records in Plat Book F, pages 173 & 174, being all of Lots, Numbered: 11 thru 50; and [Phase 4] More particularly described with reference to that certain plat of survey by CHARLES H. TOMBERLIN, G.R.L.S., dated 03/21/2006, which has been recorded with the land records of the Clerk for the Charlton County Superior Court in Folkston, Georgia, in Plat Book F, pages 343, 344 & 345, being all of: Lots, numbered: 1 thru 78; reference is made to the said plats, which is incorporated herein, for description purposes. 3. "OWNER": Shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Property, excluding, however, those having such interest merely as security for the performance of an obligation. 4. "LOT": Shall mean and refer to any numbered plot of land comprising a single dwelling unit site as designated on the plats referred to above. 5. Architectural Committee": Shall mean that group of persons who at any time constitute the Board of Directors of the Georgia (Non Profit) Corporation: HOMEOWNERS ASSOC. OF BLACK RIVER, INC. [Amendment 1 para. 1]
ARTICLE II ARCHITECTURAL CONTROL AND CHARACTER OF STRUCTURES 1. GENERAL PROVISIONS: No building shall be erected, placed, altered or permitted to remain on said land until the building plans, elevations, specifications of construction methods, with plot plans showing the location of such building, have been approved in writing by the Architectural Committee as to conformity and harmony of external finishes, color, design, and general quality with the existing standards of the neighborhood, and as to the location of the building with respect to topography and finished ground elevations, which approval shall be granted or denied in the sole discretion of the Architectural Committee. If the Architectural Committee fails to approve or disapprove such plans and specifications within 30 days after same have been submitted to it, the Architectural Committee shall be deemed to have approved said plans and specifications. After the plans and specifications have been approved by the Architectural Committee, no changes may be made in said plans or specifications without the consent of the Architectural Committee. The completion of any structure without court proceedings in the Charlton County Superior Court by the Declarant or any Lot Owner shall be conclusive evidence that this Article has been complied with. 2. STRUCTURAL DEFECTS: The Architectural Committee and Declarant shall not be responsible for structural defects in said plans and/or specifications, nor in any building or other structure erected in accordance with the said plans or specifications, nor shall Declarant or the Architectural Committee by reason of having approved the plans for any building in terms of this Article, be responsible for any violations of building codes, county ordinances, restrictions, covenants, conditions, and easements which may affect such building. 3. OCCUPANCY: Before any house may be occupied it must be completely finished on the exterior in accordance with the plans approved by the Architectural Committee, all of the yard which is visible from any street must be planted with grass or have suitable ground cover, and the driveway must be either paved with asphalt or surfaced with concrete; except in Phase III, where gravel driveways are acceptable. [Amend. 10 para.2]
4. BUILDING MATERIALS: Whenever buildings erected on any Lot or parcel are constructed in whole or in part of concrete, concrete blocks, cinder blocks or other fabricated masonry block units, such blocks shall be veneered with brick or other approved material over the entire surface exposed above finished grade. No exposed block or painted block shall be permitted, nor shall any portion of any foundation material be exposed. 5, DRIVEWAYS: Nothing except approved driveways shall be erected, placed or altered on any Lot nearer to any street than 25 feet, except that the Architectural Committee may waive such distance requirement in writing, in its sole discretion. For the purpose of this covenant, eaves, steps, and open porches not covered by a roof structure shall not be considered as a part of a building; provided, however, that this shall not be constructed to permit any portion of the building or construction on any Lot to encroach upon another Lot or upon the easements reserved in this Declaration, nor shall any building be erected or placed on any Lot or parcel having an area less than that shown on the plat referred to in Article I, as such plat may be amended by the Declarant. 6. MINIMUM HEATED FLOOR SPACE: Single-floor dwelling buildings erected on any Lot shall each have not less than 1500 square feet of heated floor space on the ground floor, with a ceiling height of not less than eight feet in all enclosed, heated, habitable areas. This floor space requirement shall be exclusive of any space in garages and porches. Multi-level buildings shall not have less than 1725 square feet of floor space in such habitable areas. 7. FENCES: All fences must be preapproved by Architectural Committee. The front yards of the Lots shall not be enclosed with any type of fencing, except in Phase III if approved by the Architectural Committee. [Amend. 10 para.3] Fencing in the rear yards shall not exceed 6 feet in height, and can only be fenced as individual platted surveys will indicate, excluding animal and plant easement areas. [Amend. 2 para. 2]
8. GARAGES: The use of side entry garages is encouraged wherever possible. All garages shall be enclosed with doors. All garage structure must be pre-approved by the Architectural Committee. [Amend. 2 para. 3] 9. COLORS AND EXTERIOR FINISHES: All colors and exterior finishes must be approved by the Architectural Committee. Log Cabin or natural wood homes are allowed at the discretion of the Architectural Committee. For non-natural wood homes, the front of all houses must be constructed of brick, stucco or may be constructed with a combination of brick and lap siding or stucco and lap siding. [Amend. 2 para 1, Amend 13] 10. ROOF PITCH: The minimum roof pitch allowed on any building shall be 6/12. The lowest floor elevation of any building is recommended to be at least 24 inches above the average ground elevation of the Lot upon which it is placed. 11. MAXIMUM CONSTRUCTION TIME: Once begun, construction on any structure shall be completed within 12 months, including yard. 12. ACCESS TO LOTS: Access to Lots shall be only by the permanent access driveway constructed to a street adjoining the Lot. All such driveways shall employ a metal or concrete culvert, not less than 12 inches in diameter, sufficient to handle drainage along the street. 13. LOT CLEARING, TRASH, AND PUMPS: There shall be no loading of lot-clearing trash on any ditches or drainage areas within the Property, and all such trash shall be removed from the Property as soon as practicable. [Amend. 10 para. 4] No pump shall be located outside any house unless it immediately adjoins such house and is enclosed. [Amend.2 para. 4] 14. BREACH OF COVENANTS: Should any breach of these covenants be cured by the Declarant or any other Owner after notice to a person violating such covenants, the person violating the covenants shall pay such person the full cost of such cure, including
costs and attorney's fees incurred in the bringing of any successful action to force compliance with these covenants. 15. LANDSCAPING: As a minimum shall include: Front yard: 24 plants, each of which came from a container with a minimum size of 1 gallon and grass sod; on both sides of the dwelling house: a minimum of 5 feet of grass sod; to the rear of the dwelling house: a minimum of 10 feet of grass sod. [Amend. 2 para. 7] 16. MAIL/PAPER BOXES: Mail boxes and paper boxes may be maintained by lot owners provided that the style and appearance of same shall be pre-approved by the Architectural Committee. ARTICLE III USE RESTRICTIONS 1. No temporary house, shack, or tent shall be erected on the Property. No Lot may be used for school, kindergarten, or day care. All Lots shall be used for single family residence purposes only and no Lot except Lot 50 of Phase III shall be subdivided; the said Lot 50 of Phase III has been subdivided and re configured as is shown by Plat dated March 15, 2005 which is recorded with the said land records in Plat Book F, page 241; the said Lot 50 as so re configured shall not be further subdivided. All previous descriptions of Lot 49 of Phase III are now superseded by the description which is shown on the said March 15, 2005 Plat. [Amend. 11 para. 1] 2. None of the Property shall be used as a dumping ground for rubbish, trash or garbage; nor shall any Lot be used for keeping or breeding livestock animals or poultry of any kind, except that normal household pets may be kept provided they are not kept for breeding or maintained for any commercial purposes. No noxious or offensive activities shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance to the neighborhood. Garbage containers shall be buried or shall be located abutting the rear or sides of house and shall be contained within an enclosure. The design and materials of such enclosure shall be in keeping with the general
appearance of the house. However, the Owner of four (4) or more contiguous acres of the Property may keep and maintain horses on that portion of the Property which is so owned, so long as the number of horses, so kept and maintained, does not exceed one (1) horse per two (2) acres of such contiguous acreage. [Amend.4 para. 2] 3. No satellite receiving dishes shall be allowed in the front yard without written permission from the Architectural Committee. No exterior antennas shall be allowed without written permission from the Architectural Committee. [Amend. 4 para. 2] 4. All trailers or recreational vehicles, trucks other than small vans, and boats or boat trailers shall be parked so as to be out of view of the public road right-of-way; such trailers, vehicles and boats may be parked in rear yards so long as the rear yards are fenced. [Amend.2 para.6] Owners are encouraged to store and park such personal property away from the Property. 5. No exposed above-ground tanks will be permitted for the storage of fuel, water, or any other substance. No above-ground swimming pools will be permitted in the front yards. 6. No outside clotheslines will be permitted. Window-mounted air conditioners will not be placed or allowed on the Property. 7. Easements are reserved by the Declarant, its heirs, administrators, successors and assigns, for the installation and maintenance of utilities, drainage facilities, storm sewers, and sanitary sewers over the rear ten feet of each Lot. Other easements as designated on the recorded subdivision plat are reserved for the purposes indicated on such plat. Drainage flow shall not be obstructed nor be diverted from drainage swales, storm sewers and/or utility easements as designated herein, or as may hereafter appear on any plat of record in which reference is made to these covenants. Note: Any easements placed on individual lots will be permanent. 8. No advertising signs, billboards, or high and unsightly structure shall be erected on any
Lot or be displayed to the public on any Lot, except that if written permission of the Architectural Committee is obtained. 9. The grounds of each Lot (whether vacant or occupied) shall be maintained in a neat and attractive condition. Upon the failure of any Owner to maintain his Lot (whether vacant or occupied) in a neat and attractive condition, the Architectural Committee or its authorized agents may after 10 days notice to such Owner, enter upon such Lots and have the grass, woods and other vegetation cut when, and as often as the same is necessary in its judgment, and may have dead trees, shrubs, and other plants removed therefrom. Such Owner shall be personally liable to the Architectural Committee for the cost of any such cutting, clearing, and maintenance. The Architectural Committee or its designated agents shall have the right to enter upon any such Lot and perform any such work required. Entry for the purpose of performing the work required shall be only between the hours of 7:00 AM. and 6:00 PM, excluding plant and animal easements, on any day except Sunday. ARTICLE IV GENERAL PROVISIONS 1. The failure of the Architectural Committee to insist in any one or more cases upon strict performance of the terms, covenants, conditions, provisions or agreements herein contained shall not be construed as a waiver or a relinquishment in the future of the enforcement of any such term, covenant, condition, or provision...2. Zoning regulations applicable to the Property shall be observed, In the event of any conflict between any provision of such zoning restrictions and this Declaration, the more restrictive provisions shall apply. 3. Declarant or any Owner shall have the right to enforce the covenants and restrictions contained herein and any other provision hereof by any appropriate proceeding at law or in equity against any person or persons violating or attempting to violate said covenants,
conditions, restrictions or other provisions, either to restrain violation, to enforce personal liability, or to recover damages, or by any appropriate proceeding at law, or in equity against the land to enforce any charge or lien arising by virtue thereof. Any failure by Declarant, or any other, to enforce any of said covenants and restrictions or other provisions shall in no event be deemed a waiver of the right to do so thereafter. Any person prevailing in a court action to enforce any of the provisions of this Declaration shall be entitled to recover reasonable attorney s fees and expenses from the party violating such provision or provisions. 4. The provisions of this Declaration shall run with and bind the land, shall be and remain in effect, and shall inure to the benefit of and be enforceable by Declarant, or any Owner of any Lot subject to this Declaration, their respective heirs, legal representatives, successors and assigns, until 20 years from the date hereof. This Declaration may be renewed and extended, in whole or in part beyond said period for successive periods if such extension and renewal is approved as set forth below. 5. This Declaration may be extended, amended, canceled or annulled, at any time by Black River Development, LLLP, and by the HOMEOWNERS ASSOC. OF BLACK RIVER, INC. [Amend. 4 para. 3] No such amendment, extension, cancellation, or annulment shall be effective unless there is filed for record, in the Office of the Clerk of the Superior Court of Charlton County, Georgia, an instrument executed by the Owners which shall state the terms of such action and which shall contain a certification by such Owners that such action was duly approved by the Owners. 6. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if any provision of this Declaration or the application hereof to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.
7. The Owner (of a lot in the subdivision, as defined herein) shall be the holder of a Membership in the said HOMEOWNERS ASSOC. OF BLACK RIVER, INC. The Owner by virtue of having a membership in the said corporation shall be subject from time to time to assessments which may be made by the corporation of its members. The obligation to pay the assessment is a covenant running with the land; and the unpaid assessment becomes a lien upon the Lot. [Amend. 1 para. 2] Amendments which have been incorporated into this Restatement FIRST AMENDMENT recorded in Deed Book 51, pages 648-650; and further Amended by SECOND AMENDMENT recorded in Deed Book 52, pages 268-271, THIRD AMENDMENT recorded in Deed Book 52, pages 497-498, FOURTH AMENDMENT recorded in Deed Book 53, pages 359-361. FIFTH AMENDMENT recorded in Deed Book 98, pages 519-521; and further Amended by SIXTH AMENDMENT recorded in Deed Book 99, pages: 308 310; and further amended by the SEVENTH AMENDMENT recorded in Deed Book 99, pages 354 356.; and further Amended by the EIGHTH AMENDMENT recorded in Deed Book 101 pages: 652-654; and further Amended by the NINTH AMENDMENT recorded in Deed Book 102, pages: 62 64; and further amended by the TENTH AMENDMENT recorded in Deed Book 102 pages: 629 631; and further amended by the ELEVENTH AMENDMENT recorded in Deed Book 113, pages 782 783; and further amended by the TWELFTH AMENDMENT recorded in Deed Book 117, pages 306 309; and further amended by the THIRTEENTH AMENDMENT recorded in Deed Book 170, pages 445 446.