DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
RAINBOW MOUNTAIN

 

THIS DECLARATION is made this _____ day of ___________, 1996 by CONNOR CONSTRUCTION & MANUFACTURING COMPANY, INC. herein referred to as "Declarant".  Declarant is the owner and developer of a residential Development located in Land Lot 110, 6th District, 2nd Section of Gilmer County, Georgia, known as Rainbow Mountain, (hereinafter the "Development".)

The Declarant proposes to offer lots in the Development for sale to the general public.  By this Declaration, Declarant intends to  establish  certain  covenants,  conditions  and  restrictions (referred to collectively hereafter as the "restrictions") on the lots for the benefit and protection of the future and present owners of the lots an for the establishment and maintenance of sound values for the lots.  The restrictions herein are intended to run with the land, and to inure to the benefit of and be binding upon each interest so conveyed or reserved and all parties having or acquiring any right, title, interest or estate therein.  The restrictions herein are intended to be mutually enforceable by and upon such parties, which shall include the Declarant, its successors and assigns.

1.

This Declarant shall be applicable to those subdivided lots lying in the Development which appear on plat(s) of survey filed of record in the Office of the Superior Court of Gilmer County making reference hereto.  In the alternative, this Declaration shall be applicable to any lot or parcel of property lying in the Development, the deed to which bears express reference to this Declaration.

2.

Property shall be used for residential purposes only; no commercial use is permitted.  No lot will be used for commercial chicken houses, hog parlors, or any other type of commercial animal enterprises.

3.

For lots in Phase 2, any residence constructed must have a minimum of 650 square feet of heated area.  For all other Phases of Rainbow Mountain, residences must have a minimum of 1000 square feet.  All outbuildings must conform to the structure of the main residence; no shanty-type buildings will be allowed.

4.

No mobile homes, manufactured double-wide mobile homes, or modular homes may be used as a residence or placed on the property.

5.

No garbage or litter shall be dumped on the premises, and inoperable, discarded or junk automobiles or  other refuse shall not be kept or maintained on the property.

6.

Any fences, outbuildings, and garages shall be approved by the Developer prior to construction.

7.

The Developer must approve the colors for any siding and roofing to be used in construction.

8.

No outside clotheslines shall be allowed.

9.

The Developer shall have the authority to do outside burning of brush or other materials as needed for construction.  No outside burning shall be permitted by any lot owners, unless the permission of Developer shall first be obtained.

10.

Any household pets shall be maintained on a leash if outside the residence, unless properly fenced or caged.  Each lot owner will have full responsibility for any pets owned by the lot owner, and will take such steps as are necessary to prevent any such pets from being a nuisance to other lot owners.

11.

No commercial enterprises of any type shall be conducted on any lot   No heavy equipment or commercial trucks shall be parked upon any lot.   This shall not apply to Developer during the construction stage, or for maintenance of the roads and water system.

12.

No sign shall be erected on any lot without the prior permission of the Developer.

13.

Permission of the Developer must be obtained before any satellite dish may be installed on any lot.

14.

No lot may be subdivided after its initial sale by Developer.

15.

Developer agrees to maintain all roads within Rainbow Mountain until such time as at least 50% of the lots are sold.  At such time, Developer will turn the maintenance of such roads over to the property owners, and maintenance of the private roads within the Development shall be borne equitably by the property owners.

The "roads" shall be defined as the Private Roads indicated on the recorded plat(s) which roads grant a perpetual easement across private roads for all parties owning property within the area of the Development indicated on the recorded plat(s).  The roads shall serve as full access to all land of the parties owning property in the above-cited Development.

Each year the said roads shall be graded, graveled and ditched as may be required to keep the road in top condition.  "Top Condition" shall be determined and defined as such term would be normally and customarily understood by the Director of the Gilmer County Road Department, for a gravel road.  It is intended that the road remain at all times hereafter a 20 foot road bed with turnouts for passing other vehicles met on the said road.

The cost of such annual maintenance shall be divided equally between the property owners, their successors and/or assigns who own property within the Development of any type, that is served by said roads.

In the event that any owner of property fails or refuses to pay the costs of maintaining the said roads in the conditions set out above, then the other property owners may pay the cost of maintenance and shall be entitled to file a lien against the property of the owner who has not paid.  Said lien shall be filed and foreclosed as other statutory liens on real property.

All of the private roads within the Development are easements and all instruments referred to herein are intended by all parties to be covenants and burdens upon the servient tenements and a benefit upon all tenements, and are intended to run with the land, binding and benefitting the heirs, successors and assigns of all property owners hereto.

16.

At the option of the property owners, approved by a majority, there may be established a non-profit association for the purpose of maintaining the roads in the Development and any other purpose consistent with law.

a.  This Declaration shall inure to the benefit of and shall be enforceable by (I) the Declarant so long as it is an Owner, (II) the Association, and (III) each Owner, his legal representatives, heirs, successors and assigns.

b. In the event of a violation or breach of any restriction contained in this Declaration the Declarant or the Property Owners and/or the Association shall give written notice by certified mail to the Owner setting forth in reasonable detail the nature of such violation or breach and the specific action or actions needed to be taken to remedy such violation or breach.  If the Owner shall fail to take reasonable steps to remedy such violation or breach within thirty (30) days after the mailing of said written notice, then the Property Owners and/or the Association shall have the Right of Abatement.

c.  By acceptance of a deed to a lot in the Development, and should the property owners approve an association, each owner shall automatically become a member of the Association, and covenants and agrees to pay to the Association annual membership dues and special assessments as made hereafter be charged by the Association in accordance with its charter and bylaws. The Declarant shall not be deemed an owner of any lot for purposes of this article unless Declarant consents in writing to be so treated. Declarant shall not be required to pay any assessments until its property(ies)  is transferred to an end user.

d. All such assessments, together with charges, interest, costs and reasonable attorney's  fees,  in the maximum amount permitted by law, shall be a lien upon the lot, (except Declarant) against which each assessment is made.

17.

The Developer will provide wells for the furnishing of water to each lot within Rainbow Mountain.  Each lot owner having water service will pay to Developer the sum of $15.00 per month for such water service,  although Developer shall have the authority to increase the monthly charge if expenses of such water system should justify such an increase.  Developer shall have the authority to turn over the ownership and maintenance of the water system to a duly organized Property Owners Association.

So long as Developer maintains ownership of the water system, it shall have an easement to enter upon the property for maintenance of the water system.   It shall be each lot owner's responsibility to maintain the water system from the cut-off value to the residence.

IN WITNESS WHEREOF, the undersigned set its hand and seal this __6__ day of ___March___, 1996.

 

CONNOR CONSTRUCTION & MANUFACTURING
            COMPANY, INC., Declarant

BY: __ John Connor_______

JOHN CONNOR, President

 

(Corporate Seal)

Signed, sealed and
delivered in the presence
of:

___Kathy S. Gaddis________

Witness

 ___Shirley E Crooke_________                          

Notary Public
My commission expires:
(Notary Seal)

 My Commission Expires Nov. 30, 1999