BEAVER GLEN NEWS

COVENANTS

DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS BEAVER GLEN SUBDIVISION SECTION NO. 1 LEISURE WORLD ‑ A MODIFIED PLANNED UNIT

 

DEVELOPMENT This Declaration, made on the date hereinafter set forth by the WORLD DEVELOPMENT COMPANY, a Georgia Corporation with offices in Houston County, Georgia, hereinafter referred to as "Declarant". ‑

 

WITNESSETH: WHEREAS, Declarant is the owner of certain property in the County of Houston, State of Georgia, which is more particularly described as follows; to‑wit: All that real estate lying and being in the Tenth Land District, Houston County, Georgia, and in Land Lot 225, therein known and designated as Lot 1, Block "A"; Lots 1 through 11, inclusive of Block "B"; Lots 14 through 16, inclusive of Block "D"; Lots 1 through 10, inclusive of Block "E"; and Lot 1, Block "F"; together with those certain strips of land designated "Planted Buffer" and streets designated "International: Boulevard"; "Beaver Drive": and "Leisure View Drive"; same being all that property within Section No. 1 of Beaver Glen Subdivision, as shown on plat of survey of same prepared by Broxton Surveying Company, dated July 6; 1973, recorded in Map Book 16, Page 184, Clerk's Office, Houston Superior Court. Said plat and the recorded copy thereof are here by made a part of this description by reference thereto. NOW THEREFORE; Declarant hereby declares that all the properties described above shall be held, used, sold and conveyed subject to the following easements, restrictions; covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties to include Declarant, having, any right, title or interest in the described properties or any thereof, their, heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I Definitions Section 1: "Association" shall mean and refer to Beaver Glen Association, Inc., its successors and assigns. Section 2: "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 a part of the property hereinabove described, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3: * "Properties" shall mean and refer to that certain real property hereinabove described, and such property as is expressly added thereto by a written instrument executed and recorded, and is also brought into the jurisdiction of the Association

 

Section 4: "Common Area" shall mean all real property owned by Beaver Glen Association for the common use and enjoyment .of ‑ the, :owners. The Common Area to be owned by the Association shall be more fully described in a deed of. Conveyance to be executed by Declarant to the Association, and shall include, but shall not be limited to, "Greenbelt" areas as platted and shown in the subdivision plat hereinabove described; "Planted Buffer" areas as shown on said plat; and shall include, when conveyed, the club house, pool, and tennis court areas, and lands designated which surround same as will be more fully described in the deed of conveyance by Declarant to the Association. Section 5: "Lot" shall mean and refer to any plot of land shown on the aforesaid recorded subdivision map of the properties with the exception of the common area. It is herein expressly provided that the fee title to any lot described as bounded by any street, lane, walkway, park, playground, lake, pond, pool, "Greenbelt", or any other common property which has not been dedicated or accepted by the public and the fee title to any lot shown on the aforesaid recorded plat of survey of Beaver Glen Subdivision, Section No. 1, as abutting upon any such common property shall not extend upon such common property and the fee title to such common property is reserved to the Declarant to be conveyed to the Beaver Glen Association for the common enjoyment of all the residents in Beaver Glen Subdivision. Section 6: "Declarant" shall mean and refer to WORLD DEVELOPMENT COMPANY, its successors and assigns. Section 7. "Leisure World ‑ A Modified Planned Unit Development" shall mean and refer to the general plan of development of, the entire complex known as Leisure World, of which the Beaver Glen Subdivision is a part. The Leisure World Development shall be developed in stages, the Beaver Glen Subdivision, being a complete development entity in and of itself and not being controlled or supported by any other portion of said development, shall as a matter of lair be construed as a subdivision separate. And apart from the development of any other property in the Leisure World complex, no representations being made to the owners of lots therein as to that which will be developed on other property of the Leisure World complex, as to the time of development and use for which same‑ is developed; said property and the development of same being reserved solely in the Declarant, and no owner within the Beaver Glen Subdivision shall have any right, title or interest either expressed or implied in and to other property to be developed within the Leisure World complex except that property which is expressly made a part of these protective covenants as set forth in the description of the property which is the subject of these covenants. ARTICLE II Residential Character of the Development LAND USE AND BUILDING TYPE: No lot shall be used except for single-family residential purposes. No residential building shall be erected, altered, placed or permitted to remain on any lot other than one detached single‑family dwelling not to exceed two and one‑half (2 1/2) stories in height and a private garage or carport for not more than two (2) cars: any garage for more than two cars must be approved by the Architectural and Environmental Control Committee.

 

DWELLING COST, QUALITY AND SIZE: No dwelling shall be permitted on any lot at a cost of less than twenty thousand dollars ($20,000) based upon the cost level prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be a quality of workmanship and material substantially the same or better that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of a bi‑level or multistory structure shall not be less than 1,100 square feet with a total of not less than 1,800 square feet; nor less than 1,600 square feet for a one story dwelling, the amount of square feet designated being exclusive of open porches and garages. TEMPORARY BUILDING AND OCCUPANCY OR RESIDENTIAL USE OF PARTIALLY COMPLETED DWELLING HOUSES PROHIBITED: No out building, garage, shed, tent, trailer, basement or temporary building shall be used for permanent or temporary residential purposes. No dwelling house constructed on any of said lots shall be occupied or used for residential purposes until it shall have been substantially completed. The determination of whether or not a house shall have been "substantially completed" shall be made by the Architectural and Environmental Control Committee hereinafter designated, and the decision of that committee shall be binding on all parties. DILIGENCE IN CONSTRUCTION: Construction shall begin on each and every lot conveyed by Declarant within one hundred eighty (180) days from the date of delivery of deed from Declarant to the Grantee named in said deed. The residence to be constructed on each lot in the subdivision shall be completed in a good and workmanlike manner, and shall be completed within six (6) months after the beginning of such construction. No improvement which has been partially or totally destroyed by fire or other catastrophe shall be allowed to remain on any lot in the subdivision, for more than three (3) moths from the time of such destruction or damage. Owner by accepting deed of conveyance from the Declarant does, on the condition that construction is not begun on any lot within the subdivision within one hundred eighty (180) days from the date of delivery of deed from Declarant to the said Grantee, grant and convey to the Declarant, its, successors and assigns, an option for a period of sixty (60) days to begin on the 180th day from the date of the delivery of said deed from Declarant to owner, to expire two hundred forty (240) days from the date of the delivery of the deed from Declarant to owner to repurchase said lot from the owner at and for the price paid by the owner to Declarant in the purchase of said lot, not to include costs incurred, in said purchase. Declarant may at any time elect to waive the provisions of this paragraph. MAINTENANCE OF LOTS AND IMPROVEMENTS THEREON: The owner of each lot in the Beaver Glen Subdivision shall at all times maintain said lots and any improvements situated thereon in such a manner so as to prevent said lot or improvements from becoming unsightly, and specifically such owner shall: A. Mow said lot at such times, as may be reasonably ‑ required in order to prevent the unsightly growth of vegetation and noxious weeds thereon. B. Remove all debris or rubbish from said lot. C. Prevent the existence of any other condition that reasonably tends to detract from or diminish the aesthetic appearance of said lot. D. Cut down and remove dead trees from said lot.

 

E. Where applicable, prevent debris or foreign material from entering Leisure Lake or, F. When such debris or foreign material has entered Leisure Lake from said lot, to remove same immediately. G. Keep the exterior of all improvements constructed on said lot in such a state of repair or maintenance so as to avoid same from becoming unsightly in appearance. ASSOCIATION'S RIGHTS TO PERFORM OWNERS OBLIGATIONS HEREINUNDER: In the event that the owner of any lot in the Beaver Glen Subdivision shall fail to maintain said lot and any improvements situated thereon in accordance with provisions of these restrictions and any By‑laws of the Beaver Glen Association (as hereinafter referred) from time to time may be in effect, and which may be relevant to these restrictions, said Association shall have the right, by and through its agents or employees or contractors to enter upon said lot and repair or complete construction of improvements, mow, clean or perform such other acts as may be reasonably necessary to make such lot and improvements situated thereon, conform to the requirements of these restrictions. The cost therefore to the Association shall be added to and become a part of the annual charge to which said lot is subject, and shall be due and payable within thirty (30) days from the date of said expenditure, and same shall become a lien upon the property, and may be collected as other charges due the Association is collected as provided in the By‑Laws of said Association. Neither the Association nor any of its agents, employees, or contractors shall be liable for any damage, which may result from any maintenance work performed hereunder. DISPOSAL OF SEWAGE, SANITARY WASTE, AND SOLID WASTE: Sanitary sewage is provided to all lots within the subdivision; and no outside toilets shall be permitted, and no sanitary waste or other waste shall be permitted to enter Leisure Lake. No owner of any lot in the Beaver Glen Subdivision shall burn or permit the burning out‑of‑doors of garbage, trash, or like household refuse, or solid waste of any type, nor shall any such owner accumulate or permit the accumulation of such refuse on his lot. By acceptance of a deed, owner agrees that any violation of this section constitutes a nuisance, which may be abated by the Declarant, or the Association, in any manner provided in law or in equity. Further, the cost or expense of abatement (including court costs and attorney's fees) shall become a charge or a lien upon said lot, and may be collected in any manner provided by law or in equity for the collection of a liquidated debt, to include but not limited to, the provision for lien and collection of same as are other charges by the Association as hereinafter provided. Neither the Developer nor the Association, nor any officer, agent, employee of contractor thereon, shall be liable for any damage which may result from the enforcement of this section. SETBACK REQUIREMENTS: A. In General. Except as may be otherwise provided in these restrictions or on the plat, no dwelling house or above grade structure shall be constructed or placed on any numbered lot in the Development (except fences, the placement of which is provided for hereinafter) except as follows: B. Front Yards. The front building setback line shall be a minimum of thirty‑five (35) feet from the adjoining road right‑of ‑way. C. Side Yards. The side yard setback line shall be not less than ten (10) feet from the side line of the lot, except where said lot is a corner lot, and in such case the minimum side yard setback line shall be thirty‑five (35) feet from the property line.

 

D. Rear Yards. If the particular lot abuts in the rear on a road, whether public or private, the minimum rear setback line shall be equal to one‑half (1/2) of the right‑of‑way of said road. If the particular lot abuts on the rear on Leisure Lake, the minimum rear setback line shall be as shown on the recorded Plat Map (this line is marked with the abbreviation "B.L." on the Plat Map), in the event no rear B.L. is shown on the subdivision plat, then the provisions herein provided as to rear setback line of other lots shall apply. In all other cases, the minimum rear setback line shall be thirty‑five (35) feet or twenty‑five (25) percent of the depth of the lot, whichever is greater. E. Definitions: "Side Line" ‑ is a lot boundary line that extends from the road on which the lot abuts to the rear line of side lot. "Rear Line" ‑ is the lot boundary line that is farthest from, and substantially parallel to, the road on which the lot abuts, except that on corner lots, it may be determined from either abutting road. F. Cul de Sacs: If the particular lot abuts on a cul de sac, the front building setback line shall be on an arc the radius of which is equal to the radius of the cul de sac plus thirty‑five (35) feet. VEHICLE PARKING: No vehicle shall be parked on any street in the subdivision, no trucks or trailers shall be parked for overnight (or longer) storage on any lot in the subdivision, unless the same shall be parked in such a manner so that it is not visible to the occupants of other lots in the development, the users of any street in the development, or to persons upon Leisure Lake. CONCEALMENT OF TRASH RECEPTACLES: Every outdoor receptacle for ashes, trash, rubbish or garbage, shall be installed at a location on the lot which shall be so placed are screened and kept, so as rot to be visible from any street or lake within the subdivision cir adjacent to the subdivision, at any time, except at the times when refuse collections are being made. Any fencing or screening required for said receptacle shall be approved by the Architectural and Environmental Control Committee hereinafter named. RESTRICTIONS ON CONSTRUCTION: No improvement of any type shall be placed or allowed to remain on any lot in the subdivision unless the owner thereof shall have prior written approval of the Architectural and Environmental Control Committee. Hereinafter named. Said approval is required for any and all improvements to expressly include, but not limited to, the dwelling house to be constructed thereon, fences, garages, driveways, walkways, and all improvements whatsoever. Said approval shall not be unreasonably withheld. No owner of any lot in the development shall build or permit the building upon said lot of any dwelling house that is to be used as a model home or exhibit house unless prior written permission to do so shall have been first obtained from the Architectural and Environmental control Committee. LIMITED ACCESS: There shall be no access to any lot of the Beaver Glen Subdivision except from designated roads, drives, and walkways as shown upon the subdivision plat, and as approved by the Architectural and Environmental Control Committee. " Greenbelts" or other common areas shall not be used as a path or walkway and as a means of access so as to impose upon any lot within said subdivision, except when improved as such, but same shall be used for the aesthetic appearance and enjoyment of all owners within the subdivision, and shall be maintained as such by the Association. No motor vehicles of any type will be permitted on "Greenbelts" or other common areas.

 

GENERAL RESTRICTIONS: A. No noxious, offensive, or unlawful activities shall be allowed on any lot in the Beaver Glen Subdivision, nor shall anything be done on any of said lots that shall be or become an unreasonable annoyance or nuisance to any owner of another lot within said subdivision. B. Signs. No signs or advertisements shall be allowed within said subdivision except signs which advertise said lot and improvements thereon “For Rent” or "For Sale", and same shall be no larger in size than 18" x 24", and shall not be displayed or placed on any lot or structure in said subdivision without the prior written approval of the Architectural and Environmental Control Committee. The size of sign as provided in this paragraph shall not be applicable to the initial builder or developer, but shall be applicable to the first occupant of same as a residence, and shall be applicable to subsequent owners and occupants. C. Animals. No animal shall be kept or maintained on any lot in the subdivision, except household pets; and, in such case, such household pet shall be kept confined or attached to a leash so as not to be permitted to cross the property line of the owner of said animal, and so as not to become a nuisance to other owners within the subdivision. D. Fences. All front, rear, and side yard fencing must be approved in writing prior to installation by the Architectural and Environmental Control Committee as to the type and location of same. E. Newspaper Receptacles, Mailboxes and House Numbers. To provide uniformity and aesthetic appearance, all newspaper receptacles, mailboxes and house numbers, must be approved by, and the installation of same must be at a location designated by the Architectural and Environmental Control Committee. The contractor of each house within the subdivision shall be responsible for the purchase and installation of same. F. Grass and Shrubbery. The builder or contractor used in the construction of improvements on each residential lot shall certify to the Architectural and Environmental Control Committee at the completion of same that a minimum of six hundred dollars ($600.00) cost to the owner or builder, or contractor has been expended in the. Landscaping, fertilizing and planting of grass and shrubbery on each lot within the subdivision. Said cost to be based on the cost level at the time of the execution of these covenants, Said price shall not include the clearing and preparing of the lot for the construction of the improvements but shall be spent towards the finish work required in the landscaping, fertilizing, planting and nurturing of plants and grass on said lot, so as to provide landscaping which will enhance the appearance of said lot; and said, subdivision. G. Antennas and Air-Conditioners. No outside radio or T.V. antenna: nor any window air conditioning unit which may be visible from any street or roadway, or from Leisure Lake will be permitted without prior approval of the Architectural and Environmental Control Committee. Outside air-conditioning units must be screened with shrubbery, or fences approved by the Architectural and Environmental Control Committee, and same shall be sufficient to hide such units.

 

Section 5: Boats. Except by special permit of the Declarant, its successors and assigns, the only boats allowed on Leisure Lake will be sailboats with a mast height not to exceed fifteen (15) feet; and boats powered by electric motors and gasoline motors not to exceed forty (40) horsepower only, and all boats allowed in Leisure Lake must be those of the owners of lots within said subdivision, members of the Beaver Glen Association and said boats must be registered with the Beaver Glen Association prior to entry in Leisure Lake. Power boats for speed races, shows and water skiing will be allowed only by special permit with prior notice given by the Beaver Glen Association to owners, and said permit shall be limited to three (3) days during the summer months, same being July 4, Labor Day and one other day designated by the Declarant during the summer months: All boats shall be operated in accordance with rules and regulations promulgated from time to time by the Beaver Glen Association. ARTICLE IV Property Rights Section 1: AMENITIES. Amenities to include common areas, and planted buffer areas shall be as depicted on the recorded plats of survey of Section No. 1 of Beaver Glen Subdivision, and subsequent sections of said subdivision to be recorded from time to time here‑after. Amenities, and all common areas to include planted buffer areas shall remain private, and neither. The developer's execution or recording of the plat nor the doing of any other act by the developer is, or is intended to be, or shall be construed to be, a dedication to the public of same. A license, by lease or otherwise, upon such terms and conditions as developer, its successors, assigns, or licensees, shall from time to time grant, for the use and enjoyment of said amenities, common areas, and planted, buffer areas, will be granted to the persons who are from time to time members of the Beaver Glen Association hereinafter described, rental therefore to be paid by the Association. Ownership of amenities, common areas, and planted buffer areas shall remain in the Declarant, subject to the conditional license described above, or subsequent conveyance, at the option of Declarant to Beaver Glen Associations, Inc. The Association will pay from its own funds, pro-rata, the expense of maintaining all amenities from the time of installation. The rental charged under lease by Declarant to Beaver Glen Association, Inc. shall be based on a value of land and amenities constructed thereon of $100,000.00 plus 8_percent per annum from the time same are constructed and accepted by the Association. Provided, however, that no rent shall be due the Declarant for a period of 5 years to allow for the development and sale of lots Within said subdivision, and provided further that the base value of $100,000.00 all be reduced as of date of sale by Six Hundred and No/100 ($600.00) Dollars for each residential lot sold within Section No. 1 of the Beaver Glen Subdivision, and each residential lot sold with those sections of said subdivision subsequently added to the provisions of these covenants as hereinafter provided. . Developer covenants, for itself, its successors, assigns and licensees that when all sections of Beaver Glen Subdivision have been completed and sold, and the cost of the amenities liquidated, to convey fee simple title, free of financial encumbrances, to such amenities, common areas, and planted buffer areas as are shown on recorded plats of survey of property made subject to these covenants from time to time, to the Beaver Glen Association, Inc. hereinafter described. The time and manner of such conveyance shall be at the election of Declarant and will be made subject to easements and restrictions of record, and such other conditions as it, the Developer, may at the time of such conveyance, deem appropriate and proper. Such conveyance shall be deemed to have been accepted by the said Beaver Glen Association and those persons who shall

ARTICLE III Lake and Boating Restrictions Section 1: In General. Certain lots in the subdivision are contiguous to a lake, which has been or is to be established along the north boundaries of said subdivision. The water in, and the land under, said lake is and will be owned by the Declarant and subsequently association of all owners within the Leisure World Development, of which the Beaver Glen Association will be a part. Said lake will be depicted on the subsequent recorded plats of the Beaver Glen Subdivision; and a portion of same is shown on plat herein referenced. The normal pool water elevation of said lake is at evaluation 298 feet, and the high water elevation of said lake is at elevation 303 feet. The title that will be acquired by the grantee of the said contiguous lots (and by the successors and assigns or such grantee) will and shall extend only to the shoreline (not waterline) of the said lake as it is provided on the plats of the Development; any of such grantee's successors or assigns, shall not have any right with respect to any stream that is a tributary to said lake, or with respect to said lake, the land there under, the water therein, or its elevation, use or condition and none of said lots shall have any riparian rights or incidents appurtenant; provided further that title shall not pass by reliction or submergence of changing water elevations. The Developer, its successors, assigns and licensees, shall have the right, but not the duty, at any time to dredge or otherwise remove any accretions or deposit from any of said lots in order that the shoreline of the lake to which the lot is contiguous may be move toward, or to, but riot inland beyond, the location of said shoreline as it would exist as of the day hereof if the water elevation in said lake was at an elevation one vertical foot above the normal pool water elevation indicated in said Development plats, and title shall pass with such dredging or other removal as by erosion. Section 2: Reservation of Easement in Developer for Operation of Lake The Developer reserves unto itself, and its successors, assigns and licensees, an easement upon, across and through each of said lots contiguous to said lake as is provided in Section 1 above in connection with operating said lake. Without limiting the generality of the immediately preceding sentence. It is declared that neither the Developer nor any successor or assign of the Declarant shall be liable for damages caused by ice, erosion, washing or other action of the water or for any damage caused through the exercise of said easement. Section 3: Reservation of Right in Developer to Change Water Elevation in Lake. Declarant reserves to itself, and its successors and assigns, the right to raise and lower the elevation of said lake for maintenance purposes or flood prevention, but neither the Declarant, nor any successor or assign of the Declarant shall have an easement to raise (by increasing the height of any dam or spillway, or otherwise) the high water elevation of said lake to an elevation above that indicated on said Development plats. Section 4: Docks, Piers, Boathouses, etc. No pier, dock, boathouse, or other structure may be constructed on or contiguous or adjacent to Leisure Lake without the prior written consent of the Declarant. There shall be no implied consent by the conveyance of title to any lot which is contiguous or adjacent to Leisure Lake to erect docks or piers therein, but to the contrary, there is reserved in these declarations of covenants and conditions and restrictions a high water and maintenance easement in the Declarant, and its successors and assigns on that property which is contiguous to the shoreline of Leisure Lake, and the construction of docks, piers and boat houses shall be closely guarded and shall in the main be allowed only within the common areas for the use and enjoyment of the Beaver Glen Association, and its members.

 

from time to time be members thereof, upon the recording of a deed or deeds conveying such amenities to the said Beaver Glen Association. Section 2: Owner's Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Areas, which shall be appurtenant to every lot, subject to the following provisions: A. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. B. The right of the Association to suspend the voting rights and right to use of the recreational facilities by any owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations. C. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two‑thirds (2/3's) of all members of both classes agreeing to such dedication or transfer has been recorded. Except as to clubhouse, pool and recreational amenities. Declarant reserves the right to dedicate any and all common areas to any public agency, authority, or utility at any time prior to the conveyance of same to Beaver Glen Association, Inc and Declarant also reserves the right to dedicate same prior to the recording of any plats of survey or the making of figure additions to said subdivision subject to these covenants. Section 3: Delegation of Use. Any owner may delegate, in accordance with the By‑Laws, his right of enjoyment to the Common areas and facilities to the members of his family, his tenants, or contract purchasers who reside on the property provided, however, that there shall be only one voting member per lot, at any time. Section 4: Easements. The developer reserves unto itself, it successors, assigns and licensees, certain easements along, across, over, under and upon the real estate that constitutes the Development. The easements so reserved by the Developer are described as follows: A. Developer, for itself, its successors and assigns and licensees, reserves a ten (10) foot wide easement on each lot along all road rights‑of way, and a five (5) foot easement along the side and rear lines of each and every lot in the Development for the purpose of installing, maintaining and operating utility lines and mains thereon, together with the right to trim, cut or remove any trees or brush, and the right to locate guy wires, braces and anchors whenever necessary upon said lots for said installation, maintenance and operations, together with the right to install and maintain and operate utility lines and mains and appurtenances thereto, and reserving unto itself, its successors, assigns and licensees, the right to ingress and egress to such areas for any of the purposes heretofore mentioned. No permanent building shall be placed on such easements, but the same may be used for gardens, shrubs, landscaping and other purposes provided that such use or uses do not interfere with the use of such easements for the intended purposes. In instances where an owner of two or more adjoining lots erects and constructs a dwelling or building, which will cross over or through a common lot time, the same shall not be subject to the aforementioned five (5) foot easement along or upon the contiguous or common lot line.

 

B. Developer further reserves for itself, its successors, assigns and licensees, for lake and shoreline maintenance and control and for pedestrian use along that portion of each lot contiguous to the shoreline of Leisure Lake an easement fifteen (15) feet wide. Any such lot shall also be subject to a flowage easement to an elevation on the lot equal to the high water elevation of Beaver Glen Association Lake, which is at elevation 303 feet, plus two feet. C. Developer, for itself, its, successors, assigns and licensees, reserves over; the easement of ten (10) feet reserved in subparagraph A above, along both sides of all road rights‑of‑way for the purpose of cutting and filling and drainage. Developer further reserves unto itself its successors, assigns and licensees the right to cause or permit drainage, of surface water over and through said lots, and further, it reserves an easement on, over and under all road rights‑of‑way‑for the purpose of installing, maintaining and operating utilities or drainage, and such additional easements for drainage as may be shown on the recorded plat. D. No owner of any lot in the Beaver Glen Subdivision shall have any claim or cause of action against Developer, its successors, assigns or licensees, either in law or in equity, and arising out of the exercise of any easement reserved hereunder, excepting in cases of willful or wanton negligence. ARTICLE V BEAVER GLEN ASSOCIATION, INC. Purpose, Membership and Voting Rights Section 1: There is established a Georgia non‑profit corporation for the benefit of Declarant and each and every owner of lots within the Beaver, Glen Subdivision, a corporate association of owners for the purposes set forth in these covenants and for other purposes as are provided in the By‑Laws of said Association, known as Beaver Glen Association, Inc. As long as the Association has Class B stock as provided in Section 3 below, it shall be permissible for the officers of Declarant Corporation to be, officers of the Beaver Glen Association, Inc. Section 2. Every owner of a lot, which is subject to assessment, shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot, which is subject to assessment. Section 3. The Association shall have, two classes of voting membership: Class A. Class A members shall be all owners with the exception of the Declarant and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be prorated and exercised equally between owners unless they among themselves determine otherwise, but in no event shall more than one vote be cast with respect for any lot. Class B. Class B members shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B membership shall cease and be converted to Class A membership when the total votes outstanding in the Class A membership equals 90 percent of the total number of lots within all sections of the Beaver Glen Subdivision of which the subject property is a part, when fully developed. Section 4: Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the Properties, hereby covenants, and each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and

 

reasonable attorney's fees shall be also a change on the property and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment together with interest, cost, and reasonable attorney's fees, shall be also the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them however same shall continue to be charge on the property. Sect: Purpose of Assessment. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area and amenities of Beaver Glen Subdivision, and of the home situated upon the Properties, and the obligation of Beaver Glen Association, Inc., as provided in Section 13 below. Section 6: Maximum Annual Assessment. Until June 30, 1974 the maximum annual assessment shall be Two Hundred and No/100 Dollars ($200.00) per lot. A. From and after June 30, 1974, the maximum annual assessment may be increased each year not more than 6% above the maximum assessment for the previous year without a vote of the membership. B. From and after June 30, 1974, the maximum annual assessment may be increased above 6% by an aggregate vote of two‑thirds (2/3's) of the members voting in person or by proxy, at a meeting duly called for this purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 7: Special Assessments for Capital Improvements. In addition to the annual assessments authorized above. The Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two‑thirds (2/3's) of the aggregate votes of both classes of members who are voting in person or proxy at a meeting duly called for this purpose. Section 8: Notice and Quorum for any Action Authorizing Increase in Assessments. Written notice of any meeting called for the purpose of taking any action to authorize increase in assessments shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one‑half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Only members of the Association sixty‑one (61) days prior to any meeting called under the provisions of this paragraph are entitled to receive notice as herein provided. Section 9: Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots. Section 10: Date of Commencement of Annual Assessment: Due Dates. The annual assessments provided for herein shall commence as to all recorded lots in Section No. 1., Beaver Glen Subdivision, on the first day of January 1974 Payment of the first year's assessment will be made by purchaser of each lot concurrent with conveyance of lot to purchaser by Declarant. As long as Declarant is a member of the Association by reason of the fact that he holds Class B ion 5

 

stock as provided in Section 3 above, and in consideration of the Declarant corporation maintaining the lots which it owns within the subdivision which are subject to these covenants as well as providing services in kind pro-rata to the payment made in the nature of assessment by other members, the Declarant corporation will not be required to pay annual assessment on lots held by it within the subdivision. The first annual assessment shall be adjusted according to the number of months remaining in the fiscal year. The fiscal year shall be from July 1 through June 30 each year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The Board of Directors shall establish the due dates. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by any officer of the association setting forth whether the assessment on a specified lot has been paid. Section 11: Effect on Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the du e date at the rate of 8 percent (8%) per annum. The Association may bring an action at law against the owner personally obligated to pay the same and/or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his lot. Section 12: Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments, which became due prior to such sale transfer. No sale or transfer shall relieve such lot from 1ability for any assessments thereafter becoming due or from the lien thereof. Section 13. Association Required to Contribute‑to Common Fund for Maintenance of Leisure Lake and Amenities of the General Development Known as Leisure World. Recognizing that Leisure Lake, and other recreation facilities and amenities of the general modified planned unit development known as Leisure World insure to the benefit of all owners of property within said development, the By-Laws of Beaver Glen Association, Inc. will provide for the payment from dues and assessments collected by Beaver Glen Association, Inc. to Declarant, and after full development and subsequent conveyance to a nonprofit association which shall be proportionately representative of all owners and owners associations within said development, of which The Beaver Glen Association shall be one. The amount to be paid for the maintenance of Leisure Lake, and other amenities shall be prorated annually by the Declarant, and after conveyance of same, subsequently, by the Association of owners within said development. The total cost of maintenance of Leisure Lake and other amenities shall be prorated to the Beaver Glen Association on the basis 'of one multiplied by the number of lots in Beaver Glen Subdivision as applied to the total number of resident units which also have right of enjoyment and use in the said Leisure Lake and The Beaver Glen Association shall be liable for the percentage pro-rata share of such maintenance costs. If payment is not made, promptly when due, the Declarant, its successors and assigns in ownership of said lake may prohibit the use thereof by members of Beaver Glen Association, until same is fully paid. Resident units as used in this paragraph shall mean each lot subdivided within the Leisure World complex for single-family construction each apartment or condominium unit within the multifamily areas of said

 

development; each six (6) rooms of any hospital or nursing home; each trailer within the are, subdivided and designated as trailer park within the said Leisure World complex. ARTICLE VI ARCHITECTURAL AND ENVIRONMENTAL CONTROL COMMITTEE Section l: Membership. The Architectural and Environmental Control Committee will be appointed by the officers of the Beaver Glenn Association. A majority of the Committee may designate a representative to act for it. The term of the Committee shall be for two (2) years. In the event of death or resignation of any member of the Committee during the two year term the Declarant shall have full authority to designate a successor to fill the unexpired term of said member; or to name successor of any member whose term has expired; or to name additional members if same are needed, in its determination. Declarant may at any time hereafter release his power of appointment hereunder to the Beaver Glen Association, Inc. Section 2: Powers of Committee. A. Generally. No dwelling, building structure or improvement of any type or kind may be constructed or placed on any lot in the Development without the prior written approval of the Environmental Control Committee. Such approval shall be obtained only after written application has been made to said Committee by the owner of the lot requesting authorization from the Committee. Such written application shall be in the manner and form prescribed from time to time by the Committee and shall be accompanied by two (2) complete sets of plans and specifications for any such proposed construction or improvement. Such plans shall include plot plans showing the location of all improvements existing upon said lot and the location of the improvements proposed to be constructed or placed upon said lot, each properly and clearly designated. Such plans and specifications shall set forth the color and composition of all exterior, materials proposed to be used, and any proposed landscaping, together with any other material or information which said Committee may require. All plans, drawings, etc., required to be submitted to said Committee shall be as the Committee may require. All such plot plans shall be prepared by either a registered land surveyor or engineer or architect. No grading of the lot shall be permitted without approval of the Committee. . B. Power of Disapproval. The Committee may refuse to grant permission to construct, place or make the requested improvement, when: 1. The plans, specifications, drawings or other materials submitted are themselves inadequate or in‑complete, or show the purposed improvement to be in violation of these restrictions; 2. The design or color scheme of a proposed improvement is not in harmony with the general surroundings of said lot or with adjacent building or structures: 3. The proposed improvement, or any part thereof, would in the opinion of the Committee, be contrary to the interests, welfare or rights of all or any part of the owners of other lots in the Development.

 

C. Power to Grant Variances. The Committee may allow reasonable variances or adjustments of these Restrictions where literal application thereof would result in unnecessary hardship. Provided, however, that any such variance or adjustment is granted in conformity with the general intent and purposes of these Restrictions; and, that the granting of a variance or adjustment will not be materially detrimental of injurious to other lots in the Development. D. Power to Charge Fees. The "Committee may, if it deems the same to be reasonably necessary for the accomplishment of its duties and responsibilities, assess a fee not to exceed $35:00, for `considering the' application of any owner under this Section. However, when a determination has been made that a fee ­should be charged, it shall be uniformly charged to all applicants, and all funds collected shall be paid to the Beaver Glen Association. Section 3: Duties of Committee. The Committee shall approve or disapprove of proposed improvements within thirty (30) days after all required information shall have been submitted to it. One copy of submitted material shall be retained by the Committee for its permanent files. All notifications to applicants shall be in writing, and in the event that such notification is one of disapproval, it shall specify the reason or reasons for such refusal. Section 4: Liability of Committee, etc. Neither the Committee nor any agent thereof, nor the Developer, nor the Beaver Glen Association, shall be responsible for any defects in any way in any plans, specifications or other materials submitted to it, nor for any defects in. any work done according thereto: 'Section S: Special Provisions Concerning Piers. When the Committee shall permit the construction or placing of a structure wholly or partly within Leisure Lake, such permits shall constitute a mere license from the Developer or its successors in title to Leisure Lake. Section 6. : Duty of Inspection. To the extent that inspection of improvements constructed is not provided for by appropriate governmental agencies, it shall be the duty of the Committee to inspect work, being performed with its permission to assure compliance with these Restrictions and applicable regulations. Section 7: Compensation to Members. Reasonable time charges and expense of the members of the Committee 'shall be paid by the Beaver Glen Association. However, same will not exceed the fee charged and collected relative to any application as provided in Section 2 (d) above. At no time will the Beaver Glen Association be liable to the Committee or its members beyond the application fees charged and collected as herein provided. ARTICLE VII GENERAL PROVISIONS Section 1: Enforcement and Remedy’s: A. The Association or any party to whose benefit these restrictions inure, including the Developer, its successors and assigns, may proceed at law or in equity to prevent the occurrence or continuation of any violation of these restrictions; provided, however, that neither the Developer nor the Association shall be liable for damages of any kind to any person for failing either to abide by, enforce or carry out any of these Restrictions. B. No delay or failure on the part of an aggrieved party to invoke any available remedy with respect to a violation of any one or more of these Restrictions shall be held to be a waiver by that party (or an estoppels of that party to assert) any right available to him upon, the occurrence, recurrence or continuation of such violation or violations of these Restrictions.

 

Section 2: Effect of Grantee's Acceptance of Deed, etc. A. The Grantee of any lot subject to these Restrictions, by acceptance of a deed conveying title thereto, or the execution of a contract for the purpose thereof, whether from the Declarant or a subsequent owner of such lot, shall accept such deed and execute such contract subject to each and every restriction and agreement herein contained. Further, that by acceptance of such deed or execution of such contract, such persons do acknowledge the rights and powers of the Declarant and of the Association with respect to these Restrictions, and also, for themselves, their heirs, personal representatives, successors and assigns, they do covenant and agree and consent to and with the Declarant, the Association and to and with the grantees and subsequent owners of each of the lots affected by these restrictions to keep, observe, comply with and perform such Restrictions and agreements. B. Each such person also agrees, by such acceptance of a deed or execution of a contract for the purchase thereof, to assume, as against Declarant, its successors and assigns, all of the risks and hazards of ownership or occupancy attendant to such lot, including, but not restricted to, its proximity to Leisure Lake and the allowed use and enjoyment thereof. And further, each owner by the acceptance of this deed does covenant and agree to hold harmless and forever defend the Declarant, and the Association from any and all claims for damage to property and injury to persons occasioned by the owner, and owners family, guests and invitees, and all persons whomsoever claiming by or through the owner, resulting from the owners permitted use Of the Leisure Lake. and the recreational facilities and common areas provided for the use and enjoyment by the Declarant and Beaver Glen Association. Section 3: Titles, etc. The italicized titles preceding the various paragraphs and subparagraphs of the Restrictions are for convenience of reference only, and none of there shall be used as an aid to the construction of any provision of the Restrictions. Whenever and wherever applicable, the singular form of any word shall be taken to mean or apply to the plural, and the masculine form shall be taken to mean or apply to the feminine or to the neuter. Section 4: Duration. The foregoing covenants and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1999, at which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless changed in whole or in part by vote of those persons who are then the owners of a majority of the numbered lots in the Development. Section 5: Severability. Every one of the Restrictions is hereby declared to be independent of and severable from, the rest of the Restrictions and of and from every other one of the Restrictions, and of and from every combination of other Restrictions. Therefore, if any of the Restrictions shall be held to be invalid or to be unenforceable, or to lack the quality of running with the land, that holding shall be without effect upon the validity, enforceability or "running" quality of any other one of the Restrictions. Section 6: Annexation. Additional sections of the Beaver Glen residential subdivision, together with additional common areas and amenities, if any may be annexed to the properties herein described in Article 1, Section 3, or these covenants, which said section describes the properties, to which these covenants are subject and said annexation may be made by the Declarant without the consent of members within the Beaver Glen Association, Inc. for a period of time not to exceed fifteen (15) years from the date hereof. Provided, however, that any properties annexed hereto shall be subdivided as a residential subdivision, and the owners of said lot shall be subject to the same covenants, conditions, and restrictions as are required of owners in Section No. 1 of the Beaver Glen Subdivision as are set forth in this instrument. Section 7: Amendment. (a) Declaration: Declarant reserves unto itself the right to amend the provisions of this declaration at any time without notice, and without approval of purchasers within the Subdivision; after Beaver Glen Association has no Class B stock, same may be amended only upon the written consent of ninety (90%) of all owners of lots within said subdivision. (b) By‑Laws. By‑Laws of Beaver Glen Association, Inc. may be amended by the Association as provided in said By‑Laws. (c) These By‑Laws are a reproduction for use and distribution to all Beaver Glen Association families. The original covenants are kept on file at office of the Association Secretary.