First Amended
Declaration of Restrictive Covenants
For Heaven’s Landing, LLC
THIS DECLARATION of restrictive covenants, made and declared on the ______ day of _________, 200__, by Heaven’s Landing, LLC, a Georgia Limited Liability Company, hereinafter referred to as Declarant, Witnesseth as follows:
WHEREAS,
the Declarant is the owner of the following described land, located in
(LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN)
For Heaven’s Landing, LLC
WHEREAS, the Declarant intends to hereafter sell
and convey parcels of land within a tract of land it owns (the Property) in
Land Lots 69, 70, 71, 72 & 97 of the Second Land District, and Land Lots 21
& 40 of the First Land District of Rabun County, Georgia, and intends to
make certain individual tracts subject to the restrictions, conditions,
covenants, charges, easements, reservations and agreements hereinafter described;
and
Whereas, Declarant intends to generally develop
the property as an airport community for residential purposes and common
airport and recreational uses to the benefit of the owners, members, licensees
and guests, as applicable, subject to these covenants.
NOW,
THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That
the Schedule of Covenants attached hereto and hereby incorporated in and made a
part hereof as fully and completely as if set forth in true and correct words
herein, shall be, and the same are hereby made applicable to the property first
herein described.
SPECIFICALLY
RESERVING, HOWEVER, unto the aforesaid Declarant, its successors and assigns,
each and every one of the rights and privileges reserved in and by any of the
covenants, conditions and provisions
in said Schedule of Restrictions
here attached or later amended pursuant thereto.
IN
WITNESS WHEREOF, the Declarant has caused these presents to be signed, this
_______ day of _________, 200__.
Heaven’s
Landing, LLC
Signed,
sealed and delivered
In
the presence of: By:
__________________________L.S.
Axis Corporation,
Michael
J. Ciochetti, President
_________________________
Witness
_________________________ (Seal)
Notary
Public
My
Commission Expires:
_________________________
For Heaven’s Landing, LLC
By Axis Corporation, as
Manager
The
word “restriction”, as hereinafter used, shall be held to include and mean restrictive
covenants, agreements, conditions, provisions, easements and charges herein set
forth.
The word “Declarant”, as hereinafter
used shall be held to mean and include Heaven’s Landing, LLC, its successors
and assigns.
The word “tract”, as hereinafter
used, shall be held to mean and include the entire tract of land described on
the first page of the Declaration of Restrictive Covenants to which this
Schedule is attached and made a part thereof.
The words “dwelling house”,
“building”, “out building” and “hangar” wherever used in this declaration,
shall be deemed and construed to include both the main portion of such
structure and all projections there from, including any garage, incorporated in
or forming a part thereof.
Association means Heaven’s Landing
Property Owners Association, or such other organization of the common owners
and users within the subdivision organized to carry on the business of the
development as assigned by Declarant.
The Declarant, its successors and
assigns, shall have the right to construe and interpret these restrictions, and
their construction or
interpretation
in good faith shall be final and binding as to all persons or property
benefited or bound by such restrictions.
The tract is subject to the
covenants, restrictions, reservations, servitudes, and easements hereby
declared to insure the best and most appropriate development and improvement of
each parcel thereof; to protect the owners of parcels against such improper use
of surrounding lots as would depreciate the value of their property; to
preserve property; to preserve; so far as practicable, the natural beauty of
said property; to insure the development of said property into an aerodrome
community populated with residents interested in the use of aircraft for aero
transportation and the promotion, development, observation and participation in
the skill and sport of flying aircraft and matters incidental thereto; to
encourage and secure the erection of attractive homes thereon with appropriate
locations thereof on parcels; to prevent haphazard and inharmonious
improvements of parcels; to secure and maintain property setbacks from streets
and adequate spaces between structures; and in general to provide adequately
for a high type and quality of improvement in said property and thereby enhance
the value of investments made by purchasers of parcels therein.
The restrictions and covenants
hereinafter set out are to run with the land and shall be binding upon all
parties and all persons claiming under them until October 15, 2021, at which
time they shall be extended automatically for successive ten-year periods,
unless by vote of the majority of the then-owners of the lots covered herein,
it is agreed to change them in whole or in part.
1.
Except where specifically reserved for maintenance
hangars, parking hangars, aircraft parking, T-hangars and other non-residential
uses reserved to either Declarant or dedicated to common use, no lot embraced
on said tract shall be used for any other than single-family residence
purposes. There shall not exist on any
lot at any time more than one residence and one hangar, and all residences
constructed thereon shall be permanent, and no lot, home and hangar located on
such lot shall be used for any other
than single family residential
purposes. This shall not prevent sharing
within families. Declarant specifically
reserves the right to designate now or in the future, certain property to
hangar spaces; parking ramps, tie down areas, quasi-commercial areas, and/or a
Fixed Base Operation for aircraft use, storage, fueling and repair. Each owner agrees that such use is proper
within the subdivision.
2.
No dwelling house shall be constructed having less than
2500 square feet of enclosed heated space, exclusive of porches, garages and
airplane and automobile shelters.
3.
No building shall be constructed on any of the lots that
does not conform to Rabun County, Georgia Health Department regulations
concerning the construction of septic tanks and underground disposal systems
and which does not conform to the Rabun County Zoning ordinances.
4.
No building, fence or other structure shall be
commenced, erected, or altered on any of the lots or tracts unless plans for
same shall first have been submitted to and approved in writing by the
Declarant.
5.
Any structure started on any lot in this subdivision
must be completed insofar as the exterior finish is concerned within 18 months
from the date the plans are approved by the Declarant.
6. All buildings, including
hangars, must be kept painted and properly maintained and free of junk and
other unsightly accumulations by the owner.
Failure to comply with this paragraph shall constitute a nuisance, which
may be abated by any of the remedies otherwise set out herein.
7. No wires, antenna aerials,
satellite dishes or other equipment shall be installed upon the exterior of any
building at a height of more than eight (8) feet above such structure or
building.
8. Declarant reserves the right
whenever there shall have been built on any of the lots any structure, which is
in violation of these restrictions to enter upon the property where such
violation of these restrictions exists and summarily abate or remove the same
at the expense of the owner. Any such
entry or removal shall not be deemed a trespass.
9. The airplane hangar space on
each lot shall be limited to strictly private use and only by the owner of the
property on which the hangar is located.
A maximum size of 3600 (60X60) interior square feet will be allowed for
a private hangar, unless a variance for a larger hangar is granted or approved
by Declarant. All hangars must be
approved by the Declarant in the same manner as other structures. Hangar must not exceed square footage of the
house on the lot and must be aesthetically compatible with the main dwelling
house.
10. Hangars must be built
afterward or simultaneously with the residential dwelling to be constructed on
any lot.
11.
12. All roads, taxiways,
runways, easements, overrun areas, and other common areas are reserved by
Declarant, and fees may be charged for the use of said facilities. This provision, notwithstanding, each lot
owner shall have and by these presents is granted a non-exclusive mutual
easement to use any and all subdivision roads, streets and thorough fares for
ingress and egress to any lot, a non-exclusive easement to use any taxi way and
runway for customary aircraft uses, such as ground movement of aircraft and
take-off and landing of aircraft. Use
and enjoyment of any such easement is conditioned upon the owner being paid up
and current on any and all subdivision assessments.
13. No motor vehicle or aircraft
of any kind shall at any time be parked on any of the taxiways, overruns or
runways. The violation of this paragraph
shall constitute a nuisance.
14. Declarant reserves the right
to control the use of the runway and may prohibit the use of the runway by any
aircraft deemed unsafe to life, health or the condition and maintenance of the
field by virtue of its size, design or state of repair.
15. Each purchaser, their heirs
or assigns will maintain each lot owned by them in a clean and sightly
condition at their own expense in such a manner as to conform with the
maintenance of the surrounding lots.
Appropriate action may be taken by Declarant to protect homeowners where
necessary.
16. The erection of signs by
individual property owners is expressly prohibited except that the owner may
display on his property a name and address sign referring only to the premises
on which displayed, if the form and size of such sign be first approved in
writing by the Declarant. However,
nothing contained herein shall preclude Declarant from erecting such signs as
may be deemed necessary and proper incident to the utilization of the
easements, taxiways and airstrips and related facilities.
17. There
shall not be erected, constructed, suffered, permitted, committed, maintained,
used or operated on any of the land any nuisance of any kind or character.
18. No rubbish, garbage, debris,
junk or unsightly material shall be kept or deposited on any of the land except
building material during the course of construction on the sight.
19. No junk vehicles of any kind shall be
permitted. Failure to comply with this
paragraph shall constitute a nuisance, which may be abated by the removal of
the motor vehicle at the cost of the owner.
20. No mobile homes, modular homes, industrial
building, trailers, temporary residences, or home substantially constructed any
where other than on the premises shall be allowed. Only natural materials shall be allowed such
as wood, brick, stone, or other natural materials. No aluminum, vinyl, plywood, pressboard or
other similar material shall be allowed, unless approved by Declarant.
21. Outside toilets or privies
are expressly prohibited, except for temporary use for special events and for
work crews building house or hangars.
22. No commercial business of any type shall be
permitted on a residential lot. However,
nothing herein contained shall be construed as preventing Declarant or its
assigns from erecting and
maintaining facilities of a recreational or
community nature or facilities incident to the use of the runways, taxiways and
easements,
and constructing hangars, shops, fuel depots,
aircraft washing facilities, and other facilities for use by subdivision owners
or others
when permitted by Declarant. Bonafide home business or home office use
shall be allowed, provided no signs or outward appearance of commercial
activity are allowed.
23. Commercial breeding or feeding of cattle,
sheep, goats, hogs or poultry, the operation of a commercial dairy, dog
boarding kennel or veterinary hospital and the operation of a commercial livery
or boarding stable for horses, or a riding academy, and the keeping of any hog,
milk cow, or chickens are strictly prohibited.
It is understood, however, that this restriction shall not be construed
to prohibit the keeping of a reasonable number of domestic animals for family
pleasure; being limited to dogs, cats, birds and horses, provided that all
horses must be boarded at a common facility to be constructed by Declarant for
that purpose. No horses shall be allowed
until suitable facilities are constructed and then on a first come space
available basis at rates established by Declarant.
24. Each lot in the subdivision is hereby
subjected to maintenance assessments commencing with the year 2001. Declarant reserves the right and option to
repair and maintain all of the roads, taxiways, runways, and drainage canals
and the owner of each lot shall pay any and all assessments therefore on a pro
rata basis. Upon the levying of
assessments, a lien shall arise and is hereby created in favor of Declarant and
against each such lot owner for the amount chargeable to each such lot by said
pro rata assessment. Such liens may be
recorded after ten days from the date such assessment becomes past due and
shall be effective as against the owner and all other persons having knowledge
thereof. The judgment of Declarant in
the expenditure of such funds shall be final.
An initial assessment of $1500.00
per lot is hereby established
and shall be paid by the lot purchaser(s) at closing.
A monthly assessment of $ 50.00 shall also be due commencing 12 months from
closing, then monthly until a structure is completed on the lot, then $100.00, monthly, until changed, modified,
increased or discontinued. Declarant
agrees that all assessments shall be used to maintain roads, bridges, ditches,
utilities, runways, taxiways, easements, drainage canals, and other areas of
non-exclusive mutual use, including wells and water systems. If a lot or parcel is subdivided, then the
initial assessment must be paid to Declarant at closing for any new lot
purchased.
25. All lot owners agree to be bound by and to
abide by the terms of any and all provisions of any insurance policies upon the
common roads, easements, runways and other common areas, if any.
26. Declarant, at its option, may enforce the
collection of any delinquent assessment by suit at law or by foreclosure of the
lien securing the assessment or by any other proceeding, and, in such event, it
shall be entitled to recover delinquent payments, plus interest at the legal
rate, plus the costs of suit and a reasonable attorney’s fee.
27. Declarant reserves the right for itself, its
successors and assigns to make rules and regulations relative to the easements,
taxiways, runways, grounds and related facilities, affecting the use of said
premises, and all lot owners agree to comply with said rules and regulations
and are subject thereto, including any such rules and regulations that may be
added from time to time, and Declarant reserves the right to include in any
contract or deed hereafter made, any additional restrictive covenants or
conditions not inconsistent with these herein contained.
28. No lot or any part thereof shall be subdivided
to a size less than 1.4 acre.
29. Declarant shall furnish to each lot sold, unless
specifically excluded from the deed, access to a well or other potable water
source, for single-family residential purposes.
No tap on fee shall be charged, other than the initial assessment
provided for herein, but users will pay a water use fee to be added to each assessment
when hooked or tapped onto the source.
The lot owner agrees to keep their water lines and usage equipment in
good repair to prevent loss or waste of water.
30.
If any owner or their assigns shall violate any of the covenants herein
set out, it shall be lawful for any other owner in this subdivision to
prosecute any proceedings at law or in equity against the person violating any
of these covenants to enjoin him from violating these covenants or to recover
damages for such violation. No
forfeiture of title shall result from any alleged violation of these
restrictions.
31.
Invalidation of any of these
covenants shall in no way affect any of the other paragraphs hereof, which
shall remain in full force and effect.
Each
lot owner shall have and by these presents is hereby granted, a non-exclusive
easement for the joint use and enjoyment of the runway, roads and taxiways, as
described and set out on various subdivision plats. The runway, roads and taxiways shall be
conveyed to and owned by the Association, which may prescribe reasonable rules
for their use, subject only to the easement rights herein reserved. All other areas developed for commercial,
recreational and common use or enjoyment will be available to subdivision
owners pursuant to reasonable rules and use regulation established by
Declarant, which shall be uniformly enforced.
Use of any easement is conditioned upon all assessments being current
and fully paid. Facilities within the
development shall not be available to the general public or non-association
members unless approved by the Association.
Right to Assign
Declarant
reserves the right to assign all affirmative obligations to the Association,
which shall be a Georgia non-profit corporation, which shall then be
responsible for maintenance of any amenity or common area to it entrusted and
such association shall have only property owners; Declarant members of Heaven’s
Landing LLC, and hangar licensees, as members.
Such association shall accept conveyance of any amenity or common area
from Declarant. Declarant shall convey
the runway and appurtenant taxiways to the Association, subject to the right of
continued use and access by each lot owner, hangar owner, Heaven’s Landing LLC
member, hangar licensees, and Declarant and the bonafide guest and invitees
thereof for aircraft taxing, takeoff, landing and other appropriate
transportation and aircraft use.
The Association shall perform all maintenance and
purchase all insurance necessary for the common use of the runway, taxiways and
roads.
The
Association shall consist of property owners, Heaven’s Landing LLC members,
hangar licensees and Declarant. Each lot
shall have one vote in the Association, Heaven’s Landing LLC members shall have
one vote for each unit owned of the LLC and each licensee shall have one
vote. Declarant shall have one
vote. Otherwise, the Association may
prescribe its own rules and methods of operation not inconsistent with these
restrictions.
ARTICLE EIGHT
Hangars
Each
lot owner, Heaven’s Landing LLC member and hangar licensee (hereafter
collectively “Users”) may purchase, own and use a hangar and hangar space. Such ownership shall include the right to use
the subdivision roads, taxiways and runway for aircraft and ground
transportation purposes.
Each
residential lot adjacent to the runway or taxiway which provides reasonable
access to the runway shall build their own hangar on their individual
lots. All other users shall have the
right to purchase one hangar and its appertenant space from Declarant, as
available in the priority of Heaven’s Landing LLC members first, order of lot
purchased second, and hangar licensees, third, at prices offered by
Declarant. Each entitlement shall have
one hangar, only. When hangars are
available, Declarant will notify those entitled in writing and each shall have
(30) days to accept or reject the purchase.
If any one entitled declines to purchase, the hangar may be sold to the
next person in priority and the rejecting individual maintains his place in
priority when other hangars become available.
Only Association members, Declarant, subdivision property owners and
Heaven’s Landing LLC members or their bonafide guests or invitees shall use the
subdivision runway, roads and taxiways, except Declarant reserves the right to
grant and convey not more than twenty licenses to non-lot owners or
non-Heaven’s Landing LLC members for the use of said infrastructure and to
convey hangars to same and each licensee shall be a “property owner” in the
Association and entitled to all privileges there appertaining. Declarant reserves the right to sell and
convey hangar space only in the same priority as hangars subject to reasonable
restrictions to assure uniformity of hangars constructed, but only to those
entitled to hangars.
Each
hangar and/or space conveyed shall be appurtenant to the lot or license to
which originally associated and may not be separately assigned or
conveyed. A lot owner may sell or
exchange a lot without the appurtenant hangar only if another lot is purchased
to authorize a hangar. A licensee cannot
sell or assign his license except with written consent of Declarant. Licensees shall be “property owners” in the
subdivision and may join membership in the Association, subject to dues and
fees levied by the Association.
Declarant may levy separate assessments on licensees as other property
owners.
ARTICLE NINE
Declarant
Approval
Declarant
Approval Required. As used in this
Article 9, “Construction” means devegetation, excavation or grading work or the
construction, erection or installation of an improvement on a lot, and
“Modification” means an addition, alteration, repair, change or other work
which in any way alters the appearance of any part of a lot, or the exterior
appearance of any improvement located thereon.
No construction or modification shall be made or done without the prior
written approval of the Declarant. Any
owner desiring approval of the Declarant for any construction or modification
shall submit to the Declarant a written request for approval specifying in
detail the nature and extent of the construction or modification which the
owner desires to perform. The request
for approval must be accompanied by plans or specifications showing the nature,
kind, color, shape, height, materials and location of the improvements and such
other information as may be required by the Declarant. Any owner requesting the approval of the
Declarant for any construction or modification shall also submit to the Declarant
any additional information, plans and specifications which the Declarant may
request. In the event that the Declarant
fails to approve or disapprove an application for approval within forty-five
(45) days after the application, together with any fee payable and all
supporting information, plans and specifications requested by the Declarant
have been submitted to the Declarant, approval will not be required and this
Section will be deemed to have been complied with by the owner who requested
approval of such plans; provided, however, that the Declarant may extend the
time period to approve or disapprove an application by giving written notice of
such extension to the owner requesting approval within forty-five (45) days
after the application, together with the applicable fee and all supporting
information, plans and specifications were initially submitted to the
Declarant. The approval by the Declarant
of any construction or modification shall not be deemed a waiver of the
Declarant’s right to withhold approval of any similar construction or
modification subsequently submitted for approval.
Review of Plans. The Declarant may disapprove plans and
specifications for any construction or modification if the Declarant
determines, in its sole and absolute discretion, that the proposed construction
or modification violates any provision of the restriction. In addition, the Declarant may disapprove
plans and specifications for any construction or modification even though the
plans and specifications may be in substantial compliance with these
restrictions and if the Declarant, in its sole and absolute discretion,
determines that the proposed construction or modification, or some aspect or
portion thereof, is unsatisfactory or aesthetically unacceptable. In reviewing the proposed plans and
specifications, the Declarant may consider any and all
factors which the Declarant, in its sole and absolute
discretion, determines to be relevant including, but not limited to: (i) the
harmony of the proposed improvements with existing improvements in the project
or with
improvements previously approved by the Declarant but
not yet constructed; (ii) the proposed location of the proposed improvements in
relation to existing topography, finished grade elevations, roads, common area
and other structures; and (iii) the exterior design, finish materials and the
color of the proposed improvements. The
Declarant may approve plans and specifications which fail in some material way
to comply with the requirements of these restrictions if the Declarant, in its
sole and absolute discretion, determines that some particular feature of the
lot or the proposed improvements allows the objectives of the violated
requirements to be substantially achieved.
Also, the Declarant may approve plans and specifications, which fail to
comply with the requirements of these restrictions if Declarant, in its sole
and absolute discretion, determines that the failure is not material.
Construction of Improvements. Upon receipt of approval from the Declarant
for any construction or modification, the owner who had requested such approval
shall proceed to perform the construction or modification as soon as
practicable and shall diligently pursue such work so that the approved
construction or modification is completed as soon as reasonably practicable and
within such time as may be prescribed by the Declarant.
No Changes Without Approval. Any construction or modification approved by
the Declarant must be done or performed in accordance with the plans and specifications
approved.
No Warranty.
The approval by the Declarant of any construction or modification shall
not be deemed a warranty or representation as to the quality of such
construction or modification or that such construction or modification conforms
to any applicable building codes or other federal, state or local law, statute,
ordinance, rule or regulation.
Declarant
reserves the right to assign review authority to the Association which may
grant review authority to one or more Architectural Control Committees, which
shall thereafter administer review, approval, disapproval, modification or
variance as set out herein.
Right to Modify
The
Declarant hereby expressly reserves the right in its absolute discretion at any
time to temporarily or permanently annul, waive, change, or modify any of the
restrictions and conditions listed herein, or to add additional property to
these restrictions.
ARTICLE
ELEVEN
Utilities
and Utility Easement Reserved
Declarant,
its successors and or assigns, shall have and there is hereby reserved, common
easements for utilities, including but not limited to, electric lines,
telephone lines, water lines, television cable and other utility
infrastructure, which shall be installed underground, within the right of way
of any street or along the several property lines of the several lots,
including subdivided lots by original owners, such easements along property
lines to be (10) feet either side of common lines provided that any one using
said easements shall be responsible for the repair of disturbed ground and will
be obligated to return the property to as near its original condition, as
practical. Declarant and its successors
reserve a license to cross any lot if necessary for the successful use, repair
and installation of any utility within the easement. All utilities shall be underground.
IN WITNESS WHEREOF, Declarant does
hereunto set its hand and seal this _______ day of ________, 200__.
Heaven’s
Landing, LLC
________________________________
Axis
Corporation
Michael
J. Ciochetti, President
Signed,
sealed and delivered
In
the presence of:
___________________________ (Seal)
Witness
___________________________
Notary
Public
My
Commission Expires:
___________________________