Covenants

You can view the original PDF here.

Table of Contents

 

  1. Definitions
  2. Annexation of Additional Property
  3. Architectural Control Committee
  4. Membership and Voting Rights
  5. Property Rights
  6. Covenant for Maintenance and Capital Improvement Assessments
  7. Maintenance
  8. Easements
  9. Insurance
  10. General Provisions

 

Addendum

 

  1. Exhibit A
  2. Exhibit B

THIS DECLARATION, made this 29th day of August, 1984 by MANCHESTER PROPERTIES, INC., a Georgia Corporation, (hereinafter referred to as “Developer”).

WITNESSETH:

WHEREAS,

Developer is the owner of certain real property lying and being in Land Lots 145, 215, and 216 of the 16th District, 2nd Section, Cobb County, Georgia, which real property is more particularly described in Exhibit A attached hereto and by reference made a part hereof; and

WHEREAS,

Developer desires to provide for the preservation and enhancement of the property values in Arden Lake and for the maintenance of the property and improvements thereon, and to this end desires to subject the real property restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and

WHEREAS,

Developer has deemed it desirable, for the efficient preservation of the values in Arden Lake, to create an agency to which should be delegated and assigned the powers of owning, maintaining and administering the common area and improvements thereon and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and

WHEREAS,

Developer has caused to be incorporated, under the laws of the State of Georgia, Arden Lake Homeowners Association, Inc., a nonprofit corporation, for the purpose of exercising the aforesaid functions;

NOW, THEREFORE,

Developer hereby declares that all of the real property described in Exhibit A and any additional property as may by subsequent amendment hereto be added to and subjected to this Declaration shall be held, transferred, sold, mortgaged, conveyed, leased, occupied and used subject to the covenants, conditions, restrictions, easements, charges and liens hereinafter set forth.

 

ARTICLE I

Definitions

Section 1

“Additional Property” shall mean and refer to the real property described in Exhibit B attached hereto and by reference made a part hereof,

Section 2

“Architectural Control Committee” shall mean and refer to Carolyn A. Thompson, Kathleen A. Jones, Tom Majors, and Ed Jenkins or such other individuals as Developer may appoint, until all lots in Arden Lake shall have been fully developed and permanent improvements constructed thereon and sold to permanent residents; at which time such term shall mean and refer to those persons selected annually by the the Owners in compliance with the bylaws of the Association to serve as members of said committee.

Section 3

“Association” shall mean and refer to Arden Lake Homeowners Association, Inc., its successors and assigns.

Section 4

“Board” shall mean and refer to the Board of Directors of the Association.

Section 5

“Common Area” shall mean all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the Owners.

Section 6

“Common Expenses” shall mean and refer to the actual and estimated expenses of operating the Association, including any reasonable reserve, all as may be found to be necessary and appropriate by the Board pursuant to this Declaration and the Bylaws and Articles of Incorporation of the Association.

Section 7

“Declaration” shall mean the covenants, conditions, restrictions and easements and all other provisions herein set forth in this entire document, as may from time to time be amended.

Section 8

“Developer” shall mean and refer to (i) Manchester Properties, Inc., or (ii) any successor-in-title or any successor-in-interest to Manchester Properties, Inc. to all or any portion of the Property, provided in the instrument of conveyance to any such successor-in-title or interest, such successor-in-title is expressly designated as the “Developer” hereunder by the granter of such conveyance, which granter shall be the Developer hereunder at the time of such conveyance.

Section 9

“Lot” shall mean and refer to any parcel of land shown upon any recorded subdivision plat of the Property upon which a single-family residence may be constructed.

Section 10

“Owner” shall mean and refer to the record owner, Whether one or more Persons, of the fee simple title to any lot which is a part of the Property, but excluding performance of an obligation.

Section 11

“Person” shall mean and refer to a natural person, corporation, partnership, association, trust or other legal entity, or any combination thereof.

Section 12

“Plat” shall mean and refer to that certain Final Subdivision Plat for Arden lake prepared by Gaskins Surveying Co. dated June 12, 1984, and recorded in Plat Book 94, Page 54, in the Office of the Clerk of Superior Court of Cobb County, Georgia.

Section 13

“Property” shall mean and refer to that certain real property described in Exhibit A attached hereto and by reference made a part hereof, together with such additional real property as may by subsequent amendment be added to and subjected to this Declaration.

Section 14

“Structure” shall mean and refer to: (i) any thing or object, the placement of which upon any lot may affect the appearance of such lot, including by way of illustration and not limitation, any building or part thereof, garage, porch, gazebo, shed, greenhouse or bathhouse, coop or cage, covered or uncovered patio, swimming pool, tennis court, fence, curbing, paving, wall, tree, shrub, sign, signboard, mailbox, driveway, temporary or permanent living quarters (including any house trailer) or any other temporary or permanent improvement to such lot; (ii) any excavation, grading, fill ditch, diversion dam or other thing, object or device which affects or alters “the natural flow of surface waters from, upon or across any lot, or which affects or alters the flow of any waters in any natural or artificial creek, stream, wash or drainage channel from, upon or across any lot; and (iii) any change in grade at any point on a lot of more than six (6) inches, whether or not subsection (ii) of this Section 14 applies to such change.

 

ARTICLE II

Annexation of Additional Property

Section 1: Annexation Without Approval of Class A Membership.

As the owner thereof, or if not the owner, with the consent of the owner thereof, Developer shall have the unilateral right, privilege and option, from time to time at any time until seven (7) years from the date this Declaration is filed of record in the Office of the Clerk of the Superior Court of Cobb County, Georgia, to subject to the provisions of this Declaration and the jurisdiction of the Association all or any portion of the Additional Property by filing in the Office of the Clerk of the Superior Court of Cobb County, Georgia, an amendment annexing such property. Any such annexation shall be effective upon the filing for record of such amendment unless otherwise provided therein. Developer shall have the unilateral right to transfer to any other person said right, privilege and option to annex the Additional Property which is reserved to Developer herein, provided that such transferee or assignee shall be the developer of at least a portion of the Additional Property.

Section 2: Annexation With Approval of Class A Membership.

Subject to the written consent of the owner thereof, upon the written consent or affirmative vote of a majority of the Class A members of the Association present or represented by proxy at a meeting duly called for such purpose, the Association may subject real property other than the Additional Property, and following the expiration of the right in Developer to submit the Additional Property as set forth in Section 1, above, the Additional Property, to the provisions of this Declaration and the jurisdiction of the Association by filing for record in the Office of the Clerk of the Superior Court of Cobb County, Georgia, an amendment annexing such property. Any such amendment shall be signed by the President and the Secretary of the Association, and any such annexation shall be effective upon the filing for record of such amendment unless otherwise provided therein. The time and manner of notice of any such meeting of the Class A members of the Association and the quorum required therefore shall be as specified in the By-laws of the Association for regular or special meetings, as the case may be.

Section 3: No Obligation.

The option herein reserved by Developer to cause all or any portion of the Additional Property to become subject to the provisions of this Declaration shall in no way be construed to impose upon Developer any obligation to add all or any portion of the Additional Property to this Declaration or to construct thereon any improvements of any nature whatsoever.

Section 4: Recreational Facilities.

If the Additional Property or any portion thereof is made subject to the provisions of this Declaration, Developer and its successors and assigns shall have the right, but not the obligation, to construct on the Additional Property, or any portion thereof, such recreational and other facilities as Developer, its successors and assigns, shall deem advisable for the common use and enjoyment of the Owners, their families, tenants, guests, and invitees.

Section 5: Amendment.

Any provision of this Declaration to the contrary notwithstanding, the provisions of this Article II may not be abrogated, modified, rescinded, supplemented or amended in whole or in part without the prior written consent of Developer.

Section 6: Interest Subject to Annexation.

Every purchaser of a lot shall purchase such lot, and every mortgage and lien holder holding an interest therein shall take title, or hold such security interest with respect thereto, with notice of this Article. By acceptance of a deed conveying a lot, each Owner acknowledges and agrees that, upon the filing of an amendment to this Declaration and a plat of survey showing the Additional Property or such portion thereof as is showing the Additional Property or such portion thereof as is being subjected to this Declaration, the total votes outstanding in the Class B membership will automatically increase in accordance with the formula set forth in Section 2 of Article IV of this Declaration.

 

ARTICLE III

Architectural Control Committee

Section 1: Purpose, Powers and Duties of the Architectural Control Committee.

The purpose of the Architectural Control Committee is to assure that the installation, construction or alteration of any Structure on any lot is submitted to the Architectural Control Committee for approval (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing standards of the neighborhood and with the standards of the development of the Property; and (ii) as to the location of Structures with respect to topography, finished ground elevation and surrounding Structures. To the extent necessary to carry out such purpose, the Architectural Control Committee shall have all of the powers and duties to do each and every thing necessary, suitable, convenient or proper for, or in connection with or incidental to, the accomplishment of such purpose, including, without being limited to, the power and duty to approve or disapprove plans and specifications for any installation, construction or alteration of any Structure on any Lot.

Section 2: Meetings.

The Architectural Control Committee shall hold regular meetings at least once every month or more often as may be established by the Architectural Control Committee. Special meetings may be called by the Architectural Control Committee. Regular and special meetings of the Architectural Control Committee shall be held at such time and place as the Architectural Control Committee shall specify. Notice of each regular or special meeting of the Architectural Control Committee shall be mailed to each member thereof at his residence or at his usual place of business at least three (3) days before the day the meeting is to be held. Notice of regular and special meetings need not specify the purpose or purposes for which the meeting is called. Notice of a meeting need not be given to any member of the Architectural Control Committee who signs a waiver of notice either before or after the meeting. Attendance of a member of the Architectural Control Committee at a meeting shall constitute a waiver of notice of such meeting and shall constitute a waiver of any and all objections with respect to the place of the meeting, the time of the meeting or the manner in which it has been called or convened, except when the member states, at the beginning of the meeting, any such objection or objections to the transaction of business. At each meeting of the Architectural Control Committee, the presence of a majority of the members then in office shall constitute a quorum for the transaction of business. Except as otherwise provided herein, the act of a majority of the members of the Architectural Control Committee present at any regular or special meeting thereof, at which a quorum is present shall constitute the act of the Architectural Control Committee. In the absence of a quorum, any member of the Architectural Control Committee present at the time and place of the meeting may adjourn the meeting from time to time until a quorum shall be present. At any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the meeting as originally called. Any action required to be taken at a meeting of the Architectural Control Committee, or any action which may be taken at a meeting of the Architectural Control Committee, may be taken without a meeting if written consent is obtained from all members of the Architectural Control Committee, setting forth the action so taken. Such consent shall have the same force and effect as a unanimous vote.

Section 3: Action of Members of Architectural Control Committee.

Any member of the Architectural Control Committee may be authorized by the Architectural Control Committee to exercise the full authority of the Architectural Control Committee with respect to all matters over which the Architectural Control Committee has authority as may be specified by resolution of the Architectural Control Committee. The action of such member with respect to the matters specified shall be final and binding upon the Architectural Control Committee and upon any application for an approval permit by authorization, subject, however, to review and modification by the Architectural Control Committee on its own motion or appeal by the applicant to the Architectural Control Committee as provided herein. Written notice of the decision of such member shall, within five (5) days thereof, be given to any applicant for an approval permit or authorization. The applicant may, within ten (10) days after receipt of notice of any decision which he deems to be unsatisfactory, file a written request, the matter with respect to which such request was filed, shall be submitted to, and reviewed promptly by, the Architectural Control Committee, but in no event later than thirty (30) days after the filing of such request. The decision of a majority of the members of the Architectural Control Committee with respect to such matter shall be final and binding.

Section 4: Submission of Plans and Specifications.

No Structure shall be commenced, erected, placed, moved onto or permitted to remain on any Iot, nor shall any existing Structure upon any Lot be altered in any way which materially changes the exterior appearance of the Structure or Lot, unless plans and specifications therefore shall have been first submitted to and approved in writing by the Architectural Control Committee. Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the Architectural Control Committee, including, without being limited to:

  1. a site plan showing the location of all proposed and existing Structures on the Lot, including building setbacks, open space, driveways, walkways and parking spaces including the number thereof;
  2. floor plans;
  3. exterior elevations of all proposed Structures and alterations to existing Structures, as such Structures will appear after all back-filling and landscaping are completed;
  4. specifications showing the nature, kind, shape, height, materials, basic exterior finishes and colors of all proposed Structures and alterations to existing Structures, and also showing front, side and rear elevations thereof; and
  5. plans for landscaping and grading.
Section 5: Approval of Builders.

Any builder or landscaper, prior to performing any work on any Lot in the Property, must first be approved by the Architectural Control Committee as to financial stability, building or landscaping experience and ability to build or landscape structures or grounds of the class and type of those which are to be built on sole and uncontrolled discretion of the Architectural Control Committee. No Person shall be approved as a builder or landscaper unless such Person obtains his income primarily from construction or landscaping of the type which builder or landscaper is to perform upon the Property. No Owner will be permitted to act as his own builder or contractor except where such Owner obtains his income primarily from the construction of the type of Structures to be constructed on the Property and otherwise meets the qualifications for approval by the Architectural Control Committee as herein above set forth.

Section 6: Approval and Disapproval of Plans and Specifications.
  1. The Architectural Control Committee shall have the right to approve or disapprove any plans and specifications submitted to it in its sole and uncontrolled discretion, which approval or disapproval may be based upon any grounds, including purely aesthetic considerations which shall be deemed sufficient.
  2. Upon approval by the Architectural Control Committee of any plans and specifications submitted pursuant to this Declaration, a copy of such plans and specifications, as approved, shall be deposited for permanent record with the Architectural Control Committee and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant submitting the same. Approval of any plans and specifications for use in correction with any Lot or Structure shall not be deemed a waiver of the Architectural Control Committee’ s right, in its sole discretion, to disapprove similar plans and specifications or any of the features or elements included therein if such plans, specifications, features or elements are subsequently submitted for use in connection with any other Lot or Structure. Approval of any such plans and specifications relating to any Lot or Structure, however, shall be final as to that Lot or Structure and such approval may not be revoked or rescinded thereafter, provided that there has been adherence to, and compliance with, such plans and specifications, as approved, and any conditions attached to any such approval.
  3. Neither Developer nor any member of the Architectural Control Committee shall be responsible or liable in any way for any defects in any plans or specifications approved by the Architectural Control Committee, nor for any structural defects in any work done according to such plans and specifications approved by the Architectural Control Committee. Further, approval of plans and specifications by the Architectural Control Committee shall not be deemed to represent or warrant to any Person the quality, function or operation of the Structure or of any construction, workmanship, engineering, materials or equipment. Neither Developer nor any member of the Architectural Control Committee shall be liable in damages or in any other respect to anyone submitting plans or specifications for approval under this Article, or to any Owner, or to any other Person having an interest in any of the Property by reason of mistake in judgment, negligence, misfeasance or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. By submission of such plans and specifications to the Architectural Control Committee, every owner of any Lot releases and agrees to hold harmless and to defend Developer and any member of the Architectural Control Committee from any such alleged liability, claim and/or damage.
Section 7: Obligation to Act.

The Architectural Control Committee shall take action on any plans and specifications submitted as herein provided within forty-five (45) days after receipt thereof. Approval by the Architectural Control Committee, if granted, together with any conditions imposed by the Architectural Control Committee, shall be placed in writing on the plans and specifications and shall be returned to the applicant. Failure by the Architectural Control Committee to take action within forty-five (45) days of the receipt of plans and specifications submitted for approval shall be deemed approval of such plans and specifications.

Section 8: Right of Inspection.

The Architectural Control Committee, its agents and representatives, shall have the right during reasonable hours to enter upon and inspect any Lot and Structure thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any Structure or the use of any Lot or Structure is in compliance with the provisions of this Declaration; and the Architectural Control Committee shall not be deemed to have committed a trespass of other wrongful act solely by reason of such entry or inspection.

Section 9: Violations.
  1. If any Structure shall be erected, placed, maintained or altered upon any lot, otherwise than in accordance with the plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Article, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the Architectural Control Committee such violation shall have occurred, the Architectural Control Committee shall be entitled and empowered to enjoin or remove any such construction. Any costs and expenses incurred by the Architectural Control Committee in enjoining and/or removing any construction or improvements shall be added to and become a part of the assessment to which the Owner and his Lot are subject.
  2. The Architectural Control Committee shall provide written notice to the Owner by certified mail, setting forth in reasonable detail the nature of the violation and the specific action or actions required to remedy the violation. If the Owner shall not have taken reasonable steps toward the required remedial action within twenty (20) days after the mailing of the aforesaid notice of violation, then the Architectural Control Committee shall have the right of abatement as provided in Section l(b) of Article XI hereof. In addition to the right of abatement, the Board, upon being informed of such violation by the Architectural Control Committee, shall be entitled to seek equitable relief to enjoin such construction.
Section 10: Fees.

The Architectural Control Committee may impose and collect a reasonable and appropriate fee to cover the cost of inspections performed pursuant to Section 8 hereof. The fee shall be established from time to time by the Architectural Control Committee.

 

ARTICLE IV

Membership and Voting Rights

Section 1: Membership.

Every Owner of a Lot which is subject to this Declaration shall be a mandatory member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to this Declaration and shall pass automatically to an Owner’s successor-in-title to the Lot.

Section 2: Voting Rights.

The Association shall have two classes of voting membership:

  1. Class A. Initially, the Class A members shall be all Owners, with the exception of the Developer, 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 exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot.
  2. Class B. The Class B member shall be the Developer 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 on the happening of any of the following events:
    1. when the total votes outstanding in the Class A membership equal or exceed the total votes outstanding in the Class B membership; or
    2. seven (7) years from the date this Declaration is filed of record in the Office of the Clerk of the Superior Court of Cobb County, Georgia; or
    3. when, in its discretion, the Developer so determines.
Section 3: Initial Assessment.

Every Person who purchases a lot in Arden lake for use as a permanent personal residence shall pay to the Association the initial assessment fee of $200 at the time of purchase of the lot; provided, however, said initial assessment fee shall be due only from the Person who first purchases the lot for use as a permanent residence. This initial assessment shall be a prepayment of the succeeding twelve months Assessment.

 

ARTICLE V

Property Rights

Section 1: Member’s Easement of Enjoyment.

Subject to the provisions herein, every member of the Association shall have a right and easement of use and enjoyment in and to the Common Area (including, without limitation, the right of pedestrian (but not vehicular) access, ingress and egress to and from his lot over those portions of the Common Area from time to time designated for such purposes and the right of use of such recreational facilities as may be erected and maintained by the Association for such purposes from time to time), which right and easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following;

  1. the right of the Association to adopt and publish rules and regulations governing the use of the Common Area.
  2. the right of the Association to charge reasonable admission and other fees for the use of any recreational facility now or hereafter located or constructed upon the Common Area and to impose reasonable limits on the number of guests who may use such recreational facilities.
  3. the right of the Association to suspend an Owner’s voting rights and rights to use any recreational facilities within the Common Area for any period during which any assessment of the Association against said Owner’s Lot remains unpaid.
  4. the right of the Association to borrow money for the purpose of improving the Common Area or any portion thereof, or constructing, repairing or improving any facilities located or to be located thereon and, upon the
    assent of two-thirds of the Class A members and the Class B members, if any, to give as security a mortgage conveying all or any portion of the Common Area. The lien and encumbrance of any such mortgage, however, shall be subject and subordinate to all rights, interests, easements and privileges herein reserved or established for the benefit of Developer, any Owner, or the holder of any mortgage, irrespective of when executed, given by Developer or any Owner.
  5. 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) of each class of members, agreeing to such dedication or transfer, has been recorded.
  6. the easement reserved in Article VIII of this Declaration.
Section 2: Delegation of Use.

Any Owner may delegate, in accordance with the By-Laws, his right of use and enjoyment in and to the Common Area and the improvements thereof, if any, to the namers of his family, his tenants, guests and invitees, subject to such regulations as may be established from time to time by the Association.

Section 3: Title to Common Area.

Developer may from time to time convey to the Association, at no expense to the Association, real and personal property for the common use and enjoyment of the Owners. The Association hereby covenants and agrees to accept from Developer all such conveyances of real and personal property. Notwithstanding any legal presumption to the contrary, the fee simple title to such real and personal property designated as Common Area or for public use, together with all rights therein, shall be reserved to Developer until such time as the real and/or personal property is conveyed to the Association or to any municipality or other governmental body, agency or authority.

Section 4: No Partition.

There shall be no judicial partition of the Property or any part thereof, nor shall any Person acquiring any interest in the Property or any part thereof seek any such judicial partition unless the Property has been removed from the provisions of this Declaration.

 

ARTICLE VI

Covenant for Maintenance and Capital Improvement Assessments

Section 1: Creation of the Lien and Personal Obligation of Assessments.

Each Owner of a 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 which may or shall be levied by the Association, and and (2) special assessments, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest thereon and costs of collection thereof, as hereinafter provided, including reasonable attorney’s fees, shall be a charge and a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest thereon and costs of collection thereof, including reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such Lot 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.

Section 2: Purpose of Assessments.

The assessments levied by the Association shall be used exclusively for promoting the health, safety, pleasure and welfare of the Owners of the Lots and the costs and expenses incident to the operation of the Association, including, without limitation, the maintenance and repair of the Common Area and improvements thereon, if any, the maintenance of services furnished by the Association, the purchase of insurance by the Association, the repair and replacement of improvements on the Common Area, payment of all taxes, insurance premiums and all costs and expenses incidental to the operation and administration of the Association, and establishment and maintenance of a reasonable reserve fund or funds.

Section 3: Computation of Annual Assessments.

If the Association incurs ongoing Common Expenses, it shall be the duty of the Board at least thirty (30) days prior to the Association’s annual meeting to prepare a budget covering the estimated Common Expenses of operating the Association for the caning year, such budget to include a capital contribution or reserve account in accordance with the capital needs of the Association. The budget and the proposed annual assessments to be levied against each Lot shall be delivered to each Owner no later than ten (10) days prior to such annual meeting. The annual assessments shall be equally divided among the Lots so that the annual assessments shall be the same for each Lot. The budget and the annual assessments shall become effective unless disapproved at the annual meeting by either (i) Developer, so long as there is a Class B member; or (ii) a vote of a majority of the Owners voting in person or by proxy at such meeting. In the event the proposed budget is not approved or the Board fails for any reason to determine the budget for the succeeding year, then until a budget has been determined as provided herein, the budget and annual assessments in effect for the then current year shall continue for the succeeding year. If any budget at any time proves inadequate for any reason, the Board may call a meeting of the Association for the approval of a special assessment.

Section 4: Special Assessments.

In addition to the annual assessments authorized above, the Association may levy, in any assessment year, special assessments 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 a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of at least two-thirds (2/3) of the Class A members and the Class B member, if any, voting in person or by proxy at a meeting duly called for such purpose. Special assessments may also be levied by the Association if for any reason the annual assessments prove inadequate to defray the expenses of the Association in fulfilling its duties and obligations hereunder, subject to the consent of the members as set forth above.

Section 5: Notice and Quorum for Any Action Authorized under Sections 3 and 4.

Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 above shall be sent to all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of members or proxies entitled to cast fifty percent (50%) 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 sixty (60) days following the preceding meeting.

Section 6: Rate of Assessment.

Annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.

Section 7: Date of Commencement of Annual Assessments; Due Dates.

The annual assessments provided for herein shall be paid in such manner and on such dates as may be fixed by the Board. Anything contained herein to the contrary notwithstanding, Developer, on behalf of itself and its successors and assigns, covenants and agrees to pay the annual assessment for each Lot owned by Developer which has constructed thereon a residence; provided, however, Developer shall not be responsible for assessments on Lots which do not have a residence constructed thereon. Developer shall, however, fund any deficit which may exist between assessments and the annual budget for as long as there is a Class B member of the Association. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a specified Lot is binding upon the Association as of the date of its issuance.

Section 8: Effect of Nonpayment of Assessments; Remedies of the Association.

Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the maximum legal rate per annum. In such case, the Association may accelerate, at its option, the entire unpaid balance of the assessment and may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against such Owner’s Lot, and interest, costs and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. Each such Owner, by his acceptance of a deed to a Lot, hereby expressly vests in the Association, or its agents, the tight and power to bring all actions against such Owner personally for the collection of such charges as a debt and to enforce the aforesaid lien by all methods available for the enforcement of liens against real property, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage foreclosure on real property, and such Owner hereby expressly grants to the Association a power of sale in connection with the foreclosure of said lien. The lien provided for in this Section shall be in favor of the Association and shall be for the benefit of all other Owners. The Association, acting on behalf of the Owners, shall have the power to bid for the interest foreclosed at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area, abandonment of his Lot or by renunciation of membership in the Association. An Owner may give to the Association, nevertheless, subject to acceptance thereof by the Association, a deed in lieu of foreclosure.

Section 9: Subordination of the Lien to Mortgages.

The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage, purchase money security deed, or security deed representing a lien on said property. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became clue prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter
becoming due or from the lien thereof.

Section 10: Exempt Property.

The following property subject to this Declaration shall be excepted from the assessments, charges and lien created herein:

  1. all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to the public use;
  2. all Common Area;
  3. all properties exempted from taxation by state or local governments upon the terms and to the extent of such legal exemption. Notwithstanding any provisions herein, no land or improvements devoted to swelling use shall be exempt from said assessments, charges or liens.

 

ARTICLE VII

Maintenance

Section 1: Association’s Responsibility.

Except as otherwise provided for therein, the Association shall maintain and keep in good repair all, portions of the Common Area and improvements thereon, if any. The Association’s responsibility with respect to the Common Area shall be deemed to include the maintenance, repair and replacement of (i) all roads, driveways, walks, parking areas and buildings and other improvements, if any, situated within the Common Area; (ii) such utility lines, pipes, plumbing, wires, conduits and systems which are a part of the Common Area; and (iii) all lawns, trees, shrubs, hedges, grass and other landscaping situated within or upon the Common Area.

Section 2: Owner’s Responsibilities.

Each Owner of a Lot, whether vacant or occupied, shall keep and maintain his Lot and the exterior of any and all improvements located thereon in neat, attractive and safe conditions. Such maintenance shall include, but shall not be limited to, painting, repairing, replacing and care for roofs, gutters, downspouts, building surfaces, trees, shrubs, grass, walks and other exterior improvements. Should any Owner of a Lot fail to maintain his Lot or the improvements thereon as set forth hereinabove, the Architectural Control Committee, its agents and representatives, may, after thirty (30) days written notice to the Owner of such Lot, enter upon his Lot for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds, or other unsightly growth, for removing garbage or trash, or for performing such exterior maintenance as the Architectural Control Committee, in the exercise of its sole discretion, deems necessary or advisable. Such Owner shall be personally liable to the Architectural Control Committee for the direct and indirect cost of such maintenance, which costs shall be added to and become part of the assessment to which such Owner and his Lot are subject. Although notice given as herein provided shall be sufficient to give the Architectural Control Committee, its agents and representatives, the right to enter upon such Lot and perform such maintenance, entry for such purpose shall be only between the hours of 9:00 a.m. and 5:00 p.m. on any day except Sunday. The provisions hereof shall not be construed, however, as an obligation on the part of the Architectural Control Committee to mow, clear, cut or prune any lot; to provide garbage or trash removal service, or to perform such exterior maintenance.

 

ARTICLE VIII

Easements

Section 1: Utility Easements.

There is hereby created in favor of the Association an easement upon, across, over, through and under all of the Common Area for ingress, egress, installation, replacement, repair and maintenance of all utility and service lines and systems, including but not limited to, water, sewers, gas, telephones, electricity, television, cable or communication lines and systems. An easement is further granted to the Association, its officers, agents, employees and any management company retained by the Association, to enter in or to cross over the Common Area and the Lots, to inspect and to perform the duties of maintenance and repair of the Common Area and the Lots, as provided for herein. Notwithstanding anything to the contrary contained in this Section, no sewers, electrical lines, water lines or other utilities may be installed or relocated on the Property except as initially programmed and approved by the Developer or thereafter approved by Developer or the Board. Should any utility furnishing a service covered by the general easement herein provided request a specific easement by a separate recordable document, Developer or the Association shall have the right to grant such easement on the Common Area without conflicting with the terms hereof.

Section 2. Easements for Developer.

Developer hereby reserves for itself, its successors. and assigns, the following easements and rights-of-way in, on, over, under and through any part of the Property owned by Developer and the Common Area for so long as Developer owns any Lot primarily for the purpose of sale:

  1. For the erection, installation, construction and maintenance of wires, lines and conduits, and necessary or proper attachments in connection with the transmission of electricity, gas, water, telephone, community antenna, television cables and other utilities;
  2. For the construction of improvements on the Lots;
  3. For the installation, construction and maintenance of storm-water drains, public and private sewers, and for any other public or quasi-public utility facility;
  4. For the use of the Common Area and any sales offices, model units and parking spaces in connection with its efforts to market Lots; and
  5. For the maintenance of such other facilities and equipment as in the sole discretion of Developer may be reasonably required, convenient or incidental to the completion, improvement and sale of Lots.
Section 3: Nuisances.
  1. No unlawful, noxious or offensive activities shall be carried on in any lot, or upon the Common Area, nor shall anything be done therein or thereon which, in the judgement of the Board, constitutes a nuisance, causes unreasonable noise or disturbance to others or unreasonably interferes with other Owners’ use of their Lots and or the Common Area.
  2. No rubbish or debris of any kind shall be clumped, placed or permitted to accumulate upon any portion of an Owner’s Lot so as to render the same unsanitary, unsightly or offensive. No nuisance shall be permitted to exist upon any portion of the Property. Without limiting the generality of any of the foregoing, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on the Property or any portion thereof.
Section 4: Resubdivision of Property.

No Lot may be split, divided, or subdivided for sale, resale, gift, transfer, or otherwise, without the prior written approval of the Architectural Control Committee of plans and specifications for such split, division or subdivision.

Section 5: Erosion Control.

No activity which may create erosion or siltation problems shall be undertaken on any Lot without the prior written approval of the Architectural Control Committee of plans and specifications for the prevention and control of such erosion or siltation. The Architectural Control Committee may, as a condition of approval of such plans and specifications, require the use of certain means of preventing and controlling such erosion or siltation. Such means may include (by way of example and not of limitation) physical devices for controlling the runoff and drainage of water, special precautions in grading and otherwise changing the natural landscape and required landscaping as provided for in Section 6.

Section 6: Landscaping.

No Construction or alteration of any Structure shall take place without the prior written approval by the Architectural Control Committee of plans and specifications for the landscaping to accompany such construction or alteration.

Section 7: Temporary Buildings.

No temporary building, trailer, garage or building under construction shall be used, temporarily or permanently, as a residence on any lot except as temporary sleeping or living quarters required or desirable for security purposes in accordance with plans and specifications therefore approved by the Architectural Control Committee. No contractor or builder shall erect on any lot any temporary building or shed for use in connection with construction on such lot without the prior written consent of the Architectural Control Committee.

Section 8: Signs.
(a) No signs whatsoever( including but no limited to commercial and similar signs) shall, without the Architectural Control Committee’s prior written approval of plans and specifications therefore, be installed, altered or maintained on any lot, or any portion of a Structure visible from the exterior thereof, except:
  1. such signs may be required by legal proceedings;
  2. a sign indicating the builder of the residence on the Lot;
  3. not more than one “For Sale” or “For Rent” sign; provided, however, that in no event shall any such sign be larger than four square feet in area; and
  4. directional signs for vehicular or pedestrian safety in accordance with plans and specifications approved by the Architectural Control Committee.
  5. Following the consummation of the sale of any Lot, the “For Sale” sign and the builder’s sign located thereon, if any, shall be removed immediately.
Section 9: Setbacks.

In approving plans and specifications for any proposed Structure, the Architectural Control Committee may establish setback requirements for the location of such Structure which are more restrictive than those established by the Plat. No structure shall be erected or placed on any lot unless its location is consistent with such setbacks.

Section 10: Fences.

No fence or wall of any land shall be erected, maintained, or altered on any lot without the prior written approval of the Architectural Control Committee of plans and specifications for such fences and walls.

Section 11: Roads and Driveways.

No road or drive shall be constructed or altered on any Lot without the prior written approval of the Architectural Control Committee of plans and specifications for such roads and driveways. Such specifications shall include the proposed substance to be used in constructing such roads and driveways, which substance shall be satisfactory to the Architectural Control Committee.

Section 12: Antennae.

No Antenna, satellite dish or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic wave or radiation shall be erected, used or maintained on the exterior of any Structure without the prior written approval of the Architectural Control Committee. In no event shall freestanding transmission or receiving towers be permitted.

Section 13: Clotheslines.

No outside clothesline shall be placed on any lot.

Section 14: Recreational Vehicles and Trailers.

The Architectural Control Committee, in reviewing the plans and specifications for any proposed Structure, may require that special parking areas be made available for recreational vehicles. No trailer, trailer house, boat, or recreational vehicle shall be parked on any Lot, except on such parking areas as specified by the Architectural Control Committee pursuant to this Section 14 or within enclosures or behind screening erected in accordance with plans and specifications submitted to and approved by the Architectural Control Committee. While nothing contained herein shall prohibit the use of portable or temporary buildings or trailers as field offices by contractors during actual construction, the use, appearance and maintenance of such a building or trailer must be specifically approved by the Architectural Control Committee prior to its being moved onto the construction site.

Section 15: Recreational Equipment.

No recreational and playground equipment shall be placed or installed on any Lot which is visible from the street abutting such Lot.

Section 16: Accessory Structures.

A detached accessory structure may be placed on a lot to be used for a playhouse, a swimming pool, tennis court, a tool shed, a mailbox, a dog house or a garage; a garage may also be an attached accessory structure. Such accessory structures shall not exceed twenty (20) feet in height and shall conform in exterior design and quality to the dwelling on the same Lot. With the exception of a garage that is attached to a dwelling and the mailbox, an accessory structure placed on a Lot shall be located only behind the dwelling as such dwelling fronts on the street abutting such Lot. Such accessory structures shall also be located within such side and rear setback lines as may be required hereby or by applicable zoning law. The Architectural Control Committee shall have the right to approve or disapprove the plans and specifications for any accessory structure to be erected on any Lot, and construction of an accessory structure may not be commenced until complete final plans and specifications shall have been submitted to and approved by the Architectural Control Committee in accordance with the provisions of these covenants. Any accessory structure shall be constructed concurrently with or subsequent to the construction of the dwelling on the Lot on which such accessory structure is located.

Section 17: Improvement of Lots.

All construction of dwellings, accessory structures and all other improvements in Arden Lake shall be undertaken and completed in accordance with the following conditions:

  1. All Construction shall be carried out in compliance with the laws, code rules, regulations and orders of all applicable governmental agencies and authorities.
  2. All single-family residences constructed on the Lots shall be “traditional” in style. The determination of whether or not a residence is “traditional” shall be decided by the Architectural Control Committee in its sole and uncontrolled discretion.
  3. Concrete or concrete block or cinder block shall not be used as a building material for the exposed exterior surface of any dwelling or accessory structure constructed or place on any Lot and there shall be no chainlink fence or fences or walls of any other material which the Architectural Control Committee determines to be incompatible with dwellings or other structures in Arden Lake.
  4. Only one mailbox shall be located on any Lot, which mailbox shall be of the type selected by the Architectural Control Committee and consistent with the quality and design of surrounding dwellings and mailboxes. Said mailbox shall be placed and maintained to complement the dwelling to which it is appurtenant to the extent such mailbox is permitted to be located and maintained by the United States Postal Service, its successors and assigns.
  5. No lumber, bricks, stones, cinder blocks, scaffolding, mechanical devices, or any other materials or devices used for building purposes shall be stored on any Lot except for purposes of construction of a dwelling or accessory structure on such lot, nor shall any such building materials or devices be stored on any lot for longer than the length of time reasonably necessary for the construction in which such materials or devices are to be used.
  6. No exposed, aboveground tanks for the storage of fuel or water or any other substance shall be located on any lot other than apparatus relating to solar energy, the location and design of which must first be approved by the Architectural Control Committee.
  7. Adequate off-street parking shall be provided for each lot.
  8. Containers for garbage and other refuse shall be located, if outside the garage or heated area of the structure, in a place not visible from the public right of way; and a garbage disposal is required for each dwelling.
  9. All garages must have doors, and each garage door must be coordinated with the dwelling to which it is appurtenant.
  10. No window air conditioning unit may be located in any part of any dwelling or accessory structure which is visible from any street, and all exterior compressor units shall be ground mounted and screened by fencing or planting of a density and height to hide the unit effectively, which fencing or planting shall first be approved by the Architectural Control Committee.
  11. Any screen porch which is a part of any dwelling or accessory structure must have a dark color screen, and no bright color silver finish screens may be used.
  12. No plumbing vent or heating vent shall be placed on the front side of any roof of any dwelling or accessory structure.
  13. Any construction on a lot shall be at the risk of the Owner of such Lot and the Owner of such Lot shall be responsible for any damage to any curbing or street resulting from construction on such Lot; repairs of such damage must be made within thirty (30) days after completion of such construction.
  14. The enclosed, heated living area (exclusive of garages, carports, porches, terraces, bulk storage and basement) of one-story dwellings shall contain not less than 2,000 square feet. The enclosed, heated living area (exclusive of garages, carports, porches, terraces, bulk storage and basement) of all one and one-half story dwellings shall contain not less than 2,000 square feet. The enclosed, heated living area (exclusive of garages, carports, porches, terraces, bulk storage and basement) of all two story and two and one-half story dwellings shall contain not less than 2,000 square feet. No dwelling shall be constructed exceeding two and one-half stories in height on any Lot.
Section 18: Animals.

No animals, including birds, insects and reptiles, may be kept on any Lot unless kept thereon solely as household pets and not for commercial purposes. No animal shall be allowed to become a nuisance. No Structure for the care, housing or confinement of any animal shall be constructed, placed or altered on any Lot unless plans and specifications for said Structure have first been approved by the Architectural Control Committee.

Section 19: Water Supply.

No individual water supply system shall be permitted on any Lot without the prior written approval of the Architectural Control Committee. If such approval is given, such system must be located, constructed and equipped in accordance with the requirements, standards and recommendations of federal, state and local public health authorities, and all necessary approvals of such system as installed shall be obtained from such authorities at the sole cost and expense of the Owner of the Lot to be served by such system.

Section 20: Trees and Shrubs.

No trees measuring eighteen (18) inches or more in diameter at a point two (2) feet above ground level, no flowering trees or shrubs, nor any evergreens on any Lot may be removed without the prior approval of the Architectural Control Committee unless located within ten (10) feet of the approved site for a dwelling or with the right of way of driveways or walkways. Excepted herefrom shall be damaged or dead trees and trees which must be removed due to an emergency.

 

ARTICLE IX

Insurance

The Board, or its duly authorized agent, shall obtain such insurance policies upon the Common Area as the Board deems necessary or desirable in its sole discretion. The name insured on all policies of insurance shall be the
Association.

 

ARTICLE X

General Provisions

Section 1: Enforcement.
  1. The Association, the Architectural Control Committee, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association, the Architectural Control Committee or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
  2. The Architectural Control Committee shall have the right of abatement in all cases where an Owner of a lot shall fail to take reasonable steps to remedy a violation or breach of any restriction contained in this Declaration within twenty (20) days after the mailing of written notice of such violation or breach. The right of abatement means the right of the Architectural Control Committee, through its agents and employees, to enter at all reasonable times upon any Lot or Structure as to which a violation or breach exists, and to take such action or actions specified in the notice to the Owner to abate, extinguish, remove or repair such violation or breach, all without being deaned to have committed a trespass or wrongful act by reason of such entry and such actions.
Section 2: Severability.

If any provision of the Declaration, or any paragraph, subparagraph, article, section, sentence, clause, phrase, word or the application thereof in an circumstance, is held invalid, the validity of the remainder of this Declaration and the application of any such provision, paragraph, subparagraph, article, section, sentence, clause, phrase or word in any other circumstances shall not be affected thereby and the remainder of this Declaration shall be construed as if such invalid part was never included therein.

Section 3: Headings.

The headings of articles and sections in this Declaration are for convenience of reference only and shall not in any way limit or define the content or substance of such articles and sections.

Section 4: Duration.

The covenants and restrictions of this Declaration shall run with and bind the land for a period of twenty (20) years from the date this Declaration is recorded, at the end of which period such covenants and restrictions shall be automatically extended for successive periods of ten (10) years each, unless at least two-thirds (2/3) of the Owners at the time of the expiration of the initial period, or of any extension period, shall sign an instrument in which said covenants and restrictions are modified in whole or in part, which instrument is filed of record in the appropriate county.

Section 5: Rights and Obligations.

Each grantee of the Developer, by the acceptance of a deed of conveyance, accepts the same subject to all restrictions, conditions, covenants, reservations, liens and charges, and the jurisdiction, rights and powers created or reserved by this Declaration. All rights, benefits and privileges of every character hereby imposed shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in the Property or any portion thereof, and shall inure to the benefit of such grantee in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance or contract for conveyance.

Section 6: Notices.

Notices provided for in this Declaration shall be in writing and shall be addressed to any Owner at his Lot or at such other address as hereinafter provided. Notices to the Developer shall be in writing and shall be addressed to Manchester Properties, Inc., P. 0. Box 1231, Woodstock, Georgia 30188, or at such different address as disclosed in a written notice of change of address furnished to all Owners. Any Owner may designate a different address for notices to him by giving written notice to the Developer. Notices addressed as above shall be deemed delivered upon mailing by United States registered or certified mail, return receipt requested, or when delivered in person.

Section 7: Amendment.

This Declaration may be amended unilaterally at any time and from time to time by Developer

  1. if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation or judicial determination which shall be in conflict therewith;
  2. if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the lots subject to this Declaration;
  3. if such amendment is required to obtain the approval of this Declaration by an institutional lender, such as a bank, savings and loan association or life insurance company, or by a governmental lender or purchaser of mortgage loans, such as the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots subject to this Declaration; or
  4. if such amendment is necessary to enable any governmental agency, such as the Veterans Administration, or reputable private insurance company to insure mortgage loans on the Lots subject to this Declaration; provided, however, any such amendment shall not make any substantial changes in any of the provisions of this Declaration. Further, this Declaration may be amended at any time and from time to time by an agreement signed by at least seventy-five (75) percent (75%) of the Owners of Lots; provided, however, such amendment by the Owners shall not be effective unless also signed by Developer, if Developer is the owner of any real property then subject to this Declaration. Any such amendment shall not become effective until the instrument evidencing such change has been filed on record. Every purchaser or grantee of any interest in any real property made subject to this Declaration, by acceptance of a deed or other conveyance therefore, thereby agrees that this Declaration may be amended as provided in this Section.
Section 8: No Liability.

Developer has used its best efforts and acted with due diligence in connection with the preparation and recording of this Declaration to ensure that each Owner has the right and power to enforce the terms and provisions hereof against every other Owner. In the event this Declaration is unenforceable by an Owner or any other person for any reason whatsoever, Developer shall have no liability of any kind as a result of such unenforceability, and each Owner, by acceptance of a deed conveying a Lot, acknowledges and agrees that Developer shall have no such liability.

IN WITNESS WHEREOF,

Developer has caused this Declaration to be executed in its name by its general partners of the day and year first above written.

Covenants Signatures


 

EXHIBIT A

ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 145, 215 and 216 of the 16th District, 2nd Section of
Cobb County, Ceorgia, being more particularly described as follow:

Commencing at an iron pin located at the common corner of Land Lots 145, 146, 215 and 216 in said district, section and county; running thence south 03°28’05” west a distance of 20.13 feet to an iron pin; running thence south 42°23’34” east a distance of 313.24 feet to an iron pin; running thence north 60°33’50” east a distance of 429.82 feet to an iron pin; running thence south 86°53’10” east a distance of 58 feet to an iron pin; running thence south 12°06’10” east a distance of 149.37 feet to an iron pin located on the northwestern side of the right-of-way of Shiloh Road (a 50 foot right-of-way); running thence southerly and southwesterly along the northwestern side of the right-of-way of Shiloh Road a distance of 384.55 feet to a point located on the northwestern side of the right-of-way of Shiloh Road; running thence southerly and southwesterly along the arc of the northwestern side of the right-of-way of Shiloh Road a distance of 245.58 feet to a point; running thence south 37°39’38” west a distance of 308.42 feet to a point located on the northwestern side of the right-of-way of Shiloh Road; running thence north 52°20’22” west a distance of 175 feet to a point; running thence north 87°19’53” west a distance of 61.03 feet to a point; running thence north 52°20’22” west a distance of 100 feet to a point; running thence north 84°15’24” west a distance of 100.14 feet to a point; running thence north 37°48’43” west a distance of 219.76 feet to a point; running thence north 29°00’48” west a distance of 108.94 feet to a point; running thence north 31°52’38” west a distance of 74.55 feet to a point; running thence north 51°26’01” west a distance of 59.78 feet to a point; running thence north 17°54’23” west a distance of 90.22 feet to a point; running thence north. 34°20’53” west a distance of 99.86 feet to a point; running thence north 19°30’28” west a distance of 223.19 feet to a point; running thence north 19°30’28” west a distance of ll4.85 feet to a point; running thence north 03°24’27” east a distance of 548.54 feet to a point; running thence north 39°54’12” west a distance of 64.03 feet to a point; running thence north 14°54’14” east a distance of 134.05 feet to a point; running thence north 04°47’00” east a distance of 477.64 feet to a point located on the northern line of Land Lot 145; running thence south 88°46’38” east a distance of 390 feet to an iron pin; running thence south 00°51’40” east a distance of 1,330.16 feet to an iron pin located on the southern line of Land Lot 145; running thence south 86°24’56” east a distance of 330.75 feet to an iron pin located at the common corner of Land Lots 145, 146, 215 and 216 and being the Point of Beginning; said property being the same property as designated as Tract I, Tract IIA, and Tract IIIA shown on that certain survey for Neal Peavy and Dallas Champion dated August 24, 1983, last revised November 5, 1983, prepared by John G. Gaskins.

 

EXHIBIT B

ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 145, 216 and 215 of the 16th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows:

Commencing at an iron pin located at the northwest corner of Land Lot 145 which is also the southwest corner of Land Lot 144 of said district, section and county; running thence south 02°13’53” west a distance of 1,287.91 feet to an iron pin located at the southwest corner of Land Lot 145; running thence south 01°38’30” west a distance of 934.9 feet to an iron pin; running thence north 85°36’18” east a distance of 429.2 feet to an iron pin; running thence north 85°39’14” east a distance of 254.93 feet to an iron pin running thence south 02°27’15” west a distance of 353.88 feet to an iron pin; running thence north 38°36’58” east a distance of 100.62 feet to an iron pin; running thence south 59°29’31” east a distance of 239.33 feet to an iron pin; running thence north 49°34’56” east a distance of 50 feet to an iron pin; running thence north 51°51’25” west a distance of 51.29 feet to an iron pin; running thence north 33°45’03” east a distance of 101.76 feet to an iron pin; running thence south 51°15’28” east a distance of 208.08 feet to an iron pin located on the northwestern side of the right-of-way of Shiloh Road (a 50 foot right-of-way); running thence north 37°39’38” east a distance of 375.00 feet to a point located on the northwestern side of the right-of-way of Shiloh Road; running thence north 52°20’22” west a distance of 175 feet to a point; running thence north 87°19’53” west a distance of 61.03 feet to a point; running thence north 52°20’22” west a distance of 100 feet to a point; running thence north 84°15’24” west a distance of 100.14 feet to a point; running thence north 37°48’43” west a distance of 219.76 feet to a point; running thence north 29°00’48” west a distance of 108.94 feet to a point; running thence north 31°52’38” west a distance of 74.55 feet to a point; running thence north 51°26’01” west a distance of 59.78 feet to a point; running thence north 17°54’23” west a distance of 90.23 feet to a point; running thence north 34°20’53” west a distance of 99.86 feet to a point; running thence north 19°30’28” west a distance of 223.19 feet to a point; running thence north 19°30’28” west a distance of 114.85 feet to a point; running thence north 03°24’27” east a distance of 548.54 feet to a point; running thence north 39°54’12” west a distance of 64.03 feet to a point; running thence north 14°54’14” east a distance of 134.05 feet to a point; running thence north 04°47’00” east a distance of 477.64 feet to a point located on the northern line of Land Lot 145; running thence north 88°46’38” west a distance of 521.61 feet to an iron pin located at the northwestern corner of Land Lot 145 and being the Point of Beginning; said property being the same property designated as Tract IIB and Tract IIIB on that certain survey for Neal Peavy and Dallas Champion, prepared by John G. Gaskins dated August 24, 1983, last revised November 5, 1983.