Upon recording, return to: - DeFoor Realty
Upon recording, return to:
Bartles Tract, LLC
PO Box 70
Harlem, GA 30814
STATE OF GEORGIA )
)
COUNTY OF COLUMBIA )
DECLARATION OF PROTECTIVE COVENANTS AND
EASEMENTS FOR BARTLES FARM
THIS DECLARATION made and published this ___ day of October, 2008, by Bartles Farm, LLC, a Georgia limited liability company (hereinafter referred to as “Declarant”), having its principal office at 120 N. Louisville Street, Harlem, Georgia 30814.
W I T N E S S E T H:
WHEREAS, Declarant is the owner of the real property with improvements thereon lying and being in Columbia County, Georgia (the “Property”), which Property is more particularly described on Exhibit A attached hereto.
WHEREAS, Declarant intends for said Property to be developed into the community to be known as BARTLES FARM (hereinafter referred to as the “Community”), the residential lots of which (hereinafter referred to as “Lots”), shall be improved into single-family dwellings;
WHEREAS, Declarant deems it desirable to protect the owners of the Lots within the Property (hereinafter referred to as “Owners” or “Lot Owners”) against improper development and use of the Lots which would impair or depreciate the value thereof;
WHEREAS, Declarant desires to provide and maintain adequate setbacks, use restrictions, size restrictions and architectural design control in order to achieve the best use of the Property; and
WHEREAS, Declarant desires to subject the Property to the covenants, restrictions, easements and agreements hereinafter set forth, each of which is for the protection and benefit of the Property and for the benefit of all subsequent Lot Owners and which shall inure to the benefit of and run with the title to the Property; and
WHEREAS, it is to the interest, benefit and advantage of the Declarant and each and every person who shall hereafter purchase a Lot in Bartles Farm, that certain protective covenants governing and regulating the use and occupancy of the same, and certain easements, reservations and servitudes to be imposed upon said Property, and the same be established, set forth and declared to be covenants running with the land.
NOW, THEREFORE, Declarant, for and in consideration of the premises and the benefits to be derived by the Declarant and each and every subsequent owner of any of the Lots of said Community, hereby declares that the Property is subject to this Declaration, and the Property shall be held, transferred, sold, conveyed, used, occupied and encumbered subject to this Declaration and subject to the covenants, restrictions, easements and agreements hereinafter set forth. Every grantee or beneficiary of any interest in any portion of the Property, by acceptance of a deed, lease or other conveyance or transfer of such interest, by operation of law or otherwise, whether or not it shall be so expressed in any such deed or other conveyance or transfer and whether or not such grantee or beneficiary shall consent in writing thereto, shall take title to the Lots subject to the terms and conditions of this Declaration and shall be deemed to have assented to the terms and conditions hereof.
ARTICLE I
RESIDENTIAL USE, BUILDING AND LOCATION OF STRUCTURES
1.01. Use and Size of Structures.
All of the above described Lots, and all improvements thereon, shall be used only for residential purposes for the erection of one, detached single-family dwelling, which improvements must be approved in advance by the Architectural Control Committee. In approving any structure, the Architectural Control Committee, as hereafter described, shall require that the top stories of such structure be constructed in accordance with normal design practices and the top floor area not be proportionally smaller than is customary in residences of its type. The Architectural Control Committee, recognizing that the quantity of square foot does not alone necessarily determine design and construction quality or monetary value of a residential structure, shall not be bound by a minimum square footage requirement for a residence, but recognizes that homes with minimum square footage in the range of 2,500 square feet of habitable, living space, exclusive of any open porches or garages, are desirable. It is the intention, rather, of the Declarant that the sole criteria governing the nature of such improvements to be constructed in Bartles Farm shall be those of good taste, high quality, both as to workmanship and materials, and harmony and suitability or such improvements to their environment and surroundings. Any attached or detached shed, garage or outbuilding shall be approved by the Architectural Control Committee prior to the commencement of construction.
1.02. Sleeping Quarters in Attic, Garage or Outbuilding Prohibited.
No attic, shed, garage, barn or detached outbuilding shall be used for sleeping quarters, except that servant or guest quarters may be provided as a part of or accessory to a main residential building and shall conform to the main residential building in exterior design and quality. This provision shall not prohibit the permanent conversion of a garage into sleeping quarters, if the garage is attached to and incorporated as part of the main residential building.
1.03. Altering Lot Boundaries.
No Lot shall be subdivided, or its boundary lines changed, nor shall application for same be made to Columbia County, except with the written consent of the Declarant or the ACC (as defined below). However, the Declarant hereby expressly reserves unto itself, its successors and assigns, the right to re-plat and change the boundary lines or subdivide any Lot or Lots; and to take such other steps as are reasonably necessary to make such re-platted Lot suitable and fit as a building site, including but not limited to the relocation of easements, walkways, rights-of-way, and other amenities.
1.04. Location of Buildings on Lot.
It is the intention of the Declarant that the Architectural Control Committee allow the construction of structures to be erected on any Lot in Bartles Farm in such a location on each Lot as will more fully enhance the natural harmony and aesthetic appeal of Bartles Farm. The Architectural Control Committee shall be vested with full discretion as to the location of such structures, as set forth in Article II hereof. No building of any kind or character shall be erected within two hundred feet (200') of the front lot line, nor within fifty feet (50') of any side Lot line, nor within Fifty (50’) feet of the rear property line of any Lot, nor within any buffer zone or easement area as shown on the recorded final plat for Bartles Farm without the prior written approval of the Architectural Control Committee. Should the final plat of Section I of Bartles Farm, dated August 19, 2008, prepared by James G. Swift & Associates, and recorded in the Office of the Clerk of the Superior Court of Columbia County, Georgia in Plat Reel ___, Page ____ (the “Community Plat”), be inconsistent with the minimum building lines declared herein, this Declaration shall control over the Community Plat, unless otherwise approved by the Architectural Control Committee. All sheds, garages and outbuildings shall observe the same setbacks set forth in this section. If any of the aforementioned Lots is subdivided or enlarged pursuant to the provisions of Paragraph 3 of Article I hereof, rear and side line restrictions shall be applicable only to the rear and side lines of the Lot as altered or re-subdivided.
1.05. Zoning Restrictions.
Zoning ordinances, restrictions and regulation of Columbia County, Georgia and its various agencies applicable to the subject property shall be observed. In the event of any conflict between any provision of these Declarations and such ordinances, restrictions or regulations, the more restrictive provision shall apply.
1.06. Exterior Walls of Improvements. The exterior walls of any improvements constructed on any Lot shall be brick, stone, wood, hardy board or other similar materials or a combination of any such materials and must be approved by the Architectural Control Committee prior to construction. No vinyl siding or other vinyl material shall be used on any improvements on any Lot except for the facia or soffit.
1.08. Garages. All single-family dwellings on any Lot shall include a minimum of a two-car garage with a minimum size of five hundred (500) square feet.
1.09. Driveways. Each Lot shall have only one driveway. The driveway on each Lot (including, without limitation, its location) must be approved by the Architectural Control Committee prior to construction. Driveways may be constructed of crush and run.
ARTICLE II
ARCHITECTURAL CONTROL COMMITTEE
2.01. General; Submission of Plans; etc.
An Architectural Control Committee (hereinafter referred to as “ACC”) has been duly set up and appointed by the Declarant to exercise such jurisdiction and functions with respect to all Lots in Bartles Farm and such as may now or hereafter by amendment be additionally bestowed upon it by the terms of this Declaration. Plans, specifications, site plans or such information as the ACC deems appropriate for all proposed improvements and landscaping upon all Lots must be submitted in writing to the ACC, which is hereby vested with the full power and authority to approve or disapprove the same in whole or in part, or require the modification of the same as it may, in its discretion, deem proper. No construction or improvements of any kind may be undertaken without its prior written approval. The ACC shall have the right to refuse to approve any building plans, specifications, site plans, or grading plans which are not suitable or desirable in its sole opinion for any reason, including purely aesthetic reasons. In so passing upon building plans, specifications, site plans or grading plans, the ACC shall take into consideration the suitability of the proposed building, the materials of which it is to be built, the location on the Lot of the proposed building and any other improvements, the harmony of the building as planned on the outlook from adjacent or neighboring portions of the subject property. Following approval by the ACC, all fences, walls, barbeque pits and other accessory building or recreational facilities shall be constructed in general conformity with the architecture of the main dwelling and out of materials which conform to the materials used in such main building. Building plans and specifications submitted to the ACC shall contain such information that ACC may from time to time deem appropriate and necessary, in such detail as may be required by the ACC in its sole discretion. Plans and specifications shall show driveways, service courts or areas, parking and any other building, improvements or facilities to be constructed.
2.02. Conforming with Building Codes.
All improvements upon the Property and the Lots shall be constructed in conformity with the building and drainage codes of Columbia County, Georgia, which now or hereafter exist, or in the absence of such codes, then in conformity with the Southern Standard Building Code.
2.03. Completion of Construction.
Construction of the exterior of all buildings or other structures must be completed no later than one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fire, national emergency or natural calamity.
2.04. Fences, Hedges and Trees.
No fence, hedge, wall, shrub, bush, tree or similar structure, natural or artificial, shall be placed, maintained or permitted to remain on any Lot or area if the location of such structure obstructs the vision of motorists on any adjacent street or lane and creates a traffic hazard. No fence, wall, hedge or similar structure on any Lot shall be constructed or maintained which is more than six feet (6') in height or higher than that allowed by ordinance currently enforced by Columbia County, whichever is less, and which is nearer the street boundary line of the Lot than the rear line of the main residential building as extended to the side Lot Lines. Nevertheless, low decorative walls or hedges may be erected beyond the rear line of the main residential structure with the prior written approval of the ACC. A fence shall not be erected unless the owner of the Lot upon which the said fence is to be erected receives the prior, written approval of the ACC. Under no circumstances will standard, chain-link fencing be allowed. The Declarant or the ACC shall establish the design and specifications of the fence for said Lot Owners, subject to the right of the Declarant or the ACC to modify such design and specification in its sole discretion at any time and from time to time because of the influence or effect of topography, availability or quality of building materials, Lot or overall development aesthetics, safety and other such considerations. The Developer has constructed a fence along Tom Bartles Road, which shall not be removed or modified by a Lot Owner without the consent of the ACC. The cutting of any trees exceeding six inches (6") in diameter beyond twenty feet (20') away from the main residential structure must be approved in writing by the ACC prior to cutting the tree(s).
2.05. Membership in the ACC.
The ACC shall be initially composed of by Larry S. Prather, Sr. and Lionel Prather. A majority of the ACC may designate a representative to act for them. In the event of death or resignation of any member of the ACC, the succeeding member of the ACC shall be designated by unanimous consensus of the remaining members of the ACC. Neither the members of the ACC, nor their designated representatives, shall be entitled to any compensation for services performed pursuant to these covenants. At any time after the sale by the Declarant of 100% of the Lots shown on the Community Plat of Bartles Farm, the Declarant may, but need not, transfer control of the ACC to the Lot owners through a duly recorded written instrument. Upon a transfer of control of the ACC to the Lot owners, the ACC shall consist of three (3) members who shall be appointed by a majority of the Lot owners on an annual basis.
2.06. Implied Approval without Action.
The ACC’s approval or disapproval as required in these covenants shall be in writing. In the event the ACC, or its designated representatives, fails to approve or disapprove proposed improvements or deviations from these covenants within thirty (30) days after receipt of the plans and specifications submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, written approval will not be required and the related proposal or deviation from these covenants shall be deemed to have impliedly approved.
ARTICLE III
LAND USE RESTRICTIONS; MAINTENANCE
3.01. Mobile, Manufactured or Modular Home. No mobile, manufactured or modular home shall be constructed or placed on any Lot.
3.02. Animals.
Except as set forth below, no poultry, swine, cows, goats, horses, mules, chickens, roosters or other farm animals or fowls or bait farms shall be maintained on any Lot. Notwithstanding the above, a Lot owner may have one horse per one and one-half acre (1 ½ ) contained on said owner’s Lot. For example, if an owner’s Lot size is 5.01 acres, said owner may have 3 horses on said Lot. No more than four (4) domestic pets, including, but not limited to, cats and dogs, may be kept on any Lot, except with the prior, written permission of the ACC.
3.03. Vegetable Gardens; Yard Art.
No vegetable garden may be planted on a Lot except behind the line of the rear of the main dwelling structure as the same is extended to a point of intersection with the side Lot lines. Likewise, no yard art or lawn ornaments may be placed on a Lot except in the rear yard so that they are not visible from any street or adjacent Lot.
3.04. Screened Areas for Unsightly Items.
No garbage receptacles, fuel tanks or similar storage receptacles, clotheslines or other unsightly objects may be maintained except in screened areas which conceal them from view from streets and adjacent portions of the subject land. Plans for such screened areas delineating the design, size, appearance and location must be approved by the ACC prior to their construction.
3.05. No Dumping or Rubbish.
No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers screened from view, as provided in Paragraph 4 of this Article III. It shall be the responsibility of the owner to prevent the development of any unclean, unsightly or unkempt conditions of building or grounds on his Lot which tend substantially to detract from the beauty of the subject land as a whole or his Lot in particular. No outside burning of trash, garbage or other refuse shall be permitted on any Lot.
3.06. Commercial Vehicles, Trailers, Motor Homes, Etc.
Commercial vehicles, campers, motorcycles, motorbikes, motor homes, vans, trailers, trucks, boats and boat trailers may be kept on a Lot if parked in a closed garage at all times or in the rear yard so that they are not visible from any street or adjacent Lot.
3.07. Hobbies.
The pursuit of hobbies or other activities, including without limiting the generality hereof, the assembly and disassembly of motor vehicles and other mechanical devices, which might lead to disordered, unsightly or unkempt conditions, shall not be pursued or undertaken on any Lot. No permanent type of sports equipment shall be located on any Lot where such equipment would be visible from any street without the prior written approval of the ACC.
3.08. Noxious or Offensive Activity.
No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to Bartles Farm residents. There shall not be maintained on any Lot any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of such a nature as may diminish or destroy the enjoyment of other portions of Bartles Farm.
3. 09. Signs and Mailboxes.
Except as otherwise provided in these Declarations, no sign shall be erected or maintained on any portion of Bartles Farm by anyone including, but not limited to, an owner, a realtor, a contractor or subcontractor, except with the written permission of the ACC or except as may be required in legal proceedings. If such permission is granted, the ACC reserves the right to restrict design, color and content of such a sign. One sign of not more than four (4) square feet used by a contractor during the construction period of the main dwelling structure or accessory structures is permissible and only one (1) usual “For Sale” realtor sign may be erected without the permission of the ACC. Under no circumstances shall any banners, twirling signs, “A” type signs, balloons (larger than twenty inches (20") in diameter) or other air or gas filled figures, rotating, flashing, blinking, fluctuating, portable or other animated signs be allowed on any Lot. Neither a mailbox nor its stand shall be erected unless the owner has received the prior written approval of the ACC. A uniform mailbox shall be used for all Lots, which shall be a black metal mail box with a black wooden post having a minimum size of 4 X 4 inches. The ACC shall have the right to modify such design and specifications in its sole discretion at any time and from time to time because of the influence or effect of topography, availability or qualify of building materials, Lot or overall development aesthetics, safety and other such considerations.
3. 10. Antennae or Satellite Dishes.
No antennae, satellite dish or similar type of electromagnetic frequency receiver that is larger than twenty (20) inches in diameter shall be installed or maintained upon any Lot or improvement without the prior, written consent of the ACC. Any antennae, satellite dish or similar type of electromagnetic frequency receiver installed on any Lot or improvement must be attached to a building and shall be installed and maintained in such a manner as to be screened from sight from Tom Bartles Road and any adjacent Lot.
3. 11. No Interference with Streams. No Lot Owner shall obstruct, alter or interfere with the flow or natural course of the waters of any creek, stream, lake or pond in Bartles Farm without first obtaining the written consent of the ACC.
3. 12. Maintenance. All maintenance and repair of a Lot, together with all portions of the single-family dwelling unit, and other improvements thereon shall be the responsibility of the Owner of such Lot. The responsibility of each Owner shall include maintenance, repair and replacement of the roof, all fixtures, equipment and appliances (including, without limitation, the heating and air conditioning system) and all chutes, flues, ducts, conduits, wires, pipes, plumbing, or other apparatus which are deemed to be part of his/her Lot. The responsibility of the Owner shall also include the maintenance, repair, and replacement of all glass, lights and light fixtures (exterior and interior), awnings, window boxes, window screens, and all screened or glass-enclosed porches, balconies, or decks which are part of the single-family dwelling unit. Each Owner shall maintain and keep the exterior of his/her single-family dwelling unit and grounds of his/her Lot in good, neat, clean and sanitary condition, including the maintenance and care of all lawns, trees, shrubs, hedges, grass, and other landscaping contained within such Lots. Each Owner shall also be obligated to pay the costs incurred by the other Lot owners for repairing, replacing, maintaining, or cleaning any portion of the Lot or single-family dwelling unit which is the responsibility of the Owner, and which such Owner fails or refuses to discharge. For the purpose of performing such maintenance, the other Lot may enter upon any Lot and the exterior of any improvements built thereon during reasonable hours on any day except Sundays and holidays, except that in an emergency, entry may be made at any time on any day. Any such entry shall not be deemed a trespass.
ARTICLE IV
PONDS
01. Use of Pond. Any pond that is located on Lots as shown on the Community Plat for Section I & II shall share in the use of the pond. The owners of these lots shall share in the use of the pond, and each shall have an easement across, over and under that portion of the pond that is not located within his/her Lot boundary for his/her use and enjoyment. No other Lot owner within Bartles Farm shall have any right to use the pond and shall have no obligation to maintain the pond.
02. Maintenance of Pond. The owners of Lots sharing pond shall be responsible for maintaining said pond and shall share equally in the cost of maintaining said pond; provided, however, that each of said Lot owners shall be responsible for maintaining the shore line of the pond that is located within his/her Lot boundary.
03. Motorized Boats or other motorized watercraft. No motorized boats or other motorized watercraft shall be allowed on the pond.
04. Amendment to this Article IV. Notwithstanding anything contained herein to the contrary, Declarant specifically reserves the right to amend this Article IV, or any portion hereof, on its own motion without the consent of any other Owners of any Lots, for so long as Declarant owns one (1) or more Lots which are a part of the Property or any additional property made subject to these Declarations under Article VII hereof. In all other instances and notwithstanding anything contained herein to the contrary, this Article IV may be amended by the unanimous approval of the owners of said lots on each pond. No other Lot owners shall have any rights to amend this Article IV.
ARTICLE V
EASEMENTS
The Declarant reserves unto itself, a perpetual, alienable, non-exclusive and releasable easement and right on, over and under the ground to erect, maintain and use electric service, community antenna television and telephone poles, street lights, wire, cables, conduits, drainage ways, community entrance signs, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, water, drainage or other public conveniences or utilities on, in or over the rear ten feet (10') of each Lot and the five feet (5') inside of each side Lot boundary line and the twenty feet (20') inside the front boundary line of each Lot , as may be shown on the subdivision plat. Additionally, Declarant reserves unto itself, a perpetual, alienable, non-exclusive and releasable easement and right on, over and under the ground to erect, maintain and use a community fence, hedge or shrubbery on, in or over the rear ten feet (10') of each Lot. In the event of the re-subdivision or the altering of any Lot under Paragraph 1.03 hereof, these easements shall apply to the Lot(s) as altered or re-subdivided. Where a larger easement is shown on any recorded plat or other recorded document, the larger easement will apply instead of the easement herein reserved. These easements expressly includes the right to cut any trees, bushes or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. The rights herein reserved may be exercised by any licensee of the Declarant, but this reservation shall not be considered an obligation of the Declarant to provide or maintain any such utility, service, fence or hedge.
ARTICLE VI
REMEDIES FOR VIOLATION OF THESE DECLARATIONS
In the event of a violation or breach of any of the Declarations and Restrictions contained herein by any Owner, or agent of such Owner, then the Declarant, the Lot Owners, or any of them jointly or severally, shall have the right to proceed at law or equity to compel the compliance to the terms hereof or to prevent the violation or breach of the covenants herein contained or recover damages for such violation. In addition to the foregoing, the Declarant or any Lot Owner has the right, whenever there shall have been built on any Lot in the Subdivision, any structure or other condition created which is in violation of these Restrictions, to enter upon the property where such violation exists and summarily abate or remove the same at the expense of the Owner, if after thirty (30) days written notice of such violation, it shall not have been corrected by the Lot Owner. Any such entry and abatement or removal shall not be deemed a trespass and shall not be deemed a waiver of the right to do so hereafter as to the same breach or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement; provided, however, that a violation of any such covenant or restriction shall not constitute a forfeiture or reversion of title hereunder.
ARTICLE VII
ADDITIONAL PROPERTY SUBJECT TO THESE DECLARATIONS
These protective covenants will cover Section I & II. Additional real estate located adjacent to the Community, which the Declarant may, but need not, decide to add to the scheme of the development herein set forth, shall be subjected to terms identical or substantially similar to these Declarations, and such terms shall be filed in the Office of the Clerk of Superior Court of Columbia County, Georgia. Such supplementary declarations or agreements may contain such modifications of the terms of these Declarations as may be deemed necessary or appropriate by the Declarant to reflect the different character, if any, of said additional real estate.
ARTICLE VIII
MISCELLANEOUS PROVISIONS
8.01. Severability.
The invalidation of any one or more paragraphs or portions of these Declarations and agreements by judgment or decree of court of competent jurisdiction shall in no way affect any of the other provisions, which shall remain in force and effect.
8.02. Declarations Run with the Land; Duration.
These Declarations and agreements shall be effective immediately upon the filing of the same for record in the Office of the Clerk of Superior Court of Columbia County, Georgia; shall thereupon run with the land and be binding upon all person or parties and their successors and assigns claiming title under or through the Declarant, until twenty (20) years from the recordation of this Declaration; and shall be continued automatically and without further notice from that time for a period of ten (10) years thereafter and for successive periods of ten (10) years each without limitation, unless within six (6) months prior to the expiration of any such successive period of ten (10) years thereafter, a written agreement executed by the then record Owners of not less than one hundred percent (100%) of the Lots then subject to these Declarations shall be placed on record in the Office of the Clerk of Superior Court of Columbia County, Georgia, in which agreement any of the aforementioned covenants, restrictions, reservations, servitude and easements may be changed, modified, waived or extinguished in whole or in part, as to all or any part of the property then subject thereto in the manner and to the extent therein provided.
In the event any such written agreement of change or modification be fully executed and recorded, the original covenants, restrictions, reservations, servitude and easements as therein modified shall continue in force for successive periods of ten (10) years each, unless and until further changed, modified or extinguished, in the manner herein provided. So long as the Declarant shall hold title to any portion of the herein above described property, or to any additional real estate added to the scheme of the development herein set forth in accordance with Article VII of the Declarations, the Declarant, as well as its successors and assigns, or heirs and assigns, as the case may be, shall have, and is hereby granted, the exclusive right, exercisable at any time and from time to time, to amend or to grant exceptions to these Declarations and to waive, repeal or vary these Declarations in any one or more respects whenever in the sole and controlled opinion of the Declarant, such waiver, repeal or variance is not materially detrimental to the general nature in development of Bartles Farm as a residential area.
8.03. Survival of Declarations.
This Declaration and all covenants, restrictions, agreements, charges and lien rights contained herein shall be binding upon, and shall inure to the benefit of the successors, successors-in-title and assigns of Declarant and all owners, tenants, lessees, invitees and agents of any portion or portions of the Property.
8.04. Headings for Convenience Only.
Article headings are inserted for convenience only and are not intended in any way to define, limit or enlarge the scope or intent of the particular Article or section to which they refer.
8.05. No Liability. Neither the Declarant nor any appointee to the ACC shall be liable to an Owner of any Lot or to any other person on account of any claim, liability, damage or expense suffered or incurred by, or threatened against, an Owner or such other person arising out of, or in any way relating to, the subject matter of any reviews, acceptances, inspections, permissions, consents or required approvals which must be obtained from the Declarant or the ACC, whether given, granted or withheld.
8.06. Amendments. Declarant specifically reserves the right to amend this Declaration, or any portion hereof, on its own motion without the consent of any other Owners of any Lots, for so long as Declarant owns one (1) or more Lots which are a part of the Property or any additional property made subject to these Declarations under Article VII hereof. In all other instances, any amendments must be approved by one hundred percent (100%) of the Lot owners. If any proposed amendment to this Declaration is approved as set forth above, the Declarant or the Lot owners, as the case may be, shall execute an amendment to this Declaration which shall be recorded in the Office of the Clerk of the Superior Court of Columbia County, Georgia.
[signatures appear on next page]
IN WITNESS WHEREOF, the Declarant has caused these presents to be executed by and through its duly authorized representatives the day and year first above written as the date of these presents.
| |BARTLES FARM, LLC |
| | |
|Signed, sealed and delivered in the presence of: | |
| | |
| |By: |
|Unofficial Witness |Name: Larry S. Prather, Sr. |
| |Title: Manager |
| | |
|Notary Public | |
| | |
|My Commission Expires: | |
| | |
| | |
|(NOTARIAL SEAL) | |
| | |
EXHIBIT "A"
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