Covenants - ClearWater H.O.A.

clearwaterprotectivecovenants.doc
File Size:	146 kb
File Type:	doc

Download File

Click here to upload file

detailed_budget_10-1-07_to_9-30-08.pdf
File Size:	162 kb
File Type:	pdf

Download File

STATE OF GEORGIA COUNTY OF GLYNN

DECLARATION OF PROTECTIVE COVENANTS

THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this ______ day of , 2007, by Clear Water Partners, LLC, a limited liability corporation organized under the laws of the State of Georgia and having its principal office in Glynn County, Georgia, hereinafter referred to as “Declarant”;

WITNESSETH:

THAT, WHEREAS, the Declarant is the owner and developer of ClearWater Subdivision, Phase 3 made by Shupe Surveying Company, P.C., signed by Gary R. Nevill, GRLS #2401, dated _________, recorded in the Office of the Clerk of Glynn County Superior Court in Plat Book 30, Page 233.

WHEREAS, it is for the interest, benefit and advantage of the Declarant and the future owner(s) of each lot hereafter purchased and lying in said subdivision, or any subsequent phases thereof, that certain protective covenants governing and regulating the use and occupancy of the same be established, set forth and declared to be covenants running with the land.

NOW THEREFORE, for and in consideration of the promises and of the benefits to be derived by the Declarant, and each owner or owners of said subdivision, the following protective covenants are hereby established and promulgated and shall apply to all of said lots and to any owners of property located in said subdivision, and any subsequent phases thereof or additions thereto, these protective covenants shall become effective immediately upon their recording in the Glynn County Superior Court Clerk’s office by the Declarant and shall run with the land and shall be binding on all persons claiming under or through the Declarant.

I

GENERAL APPLICABILITY OF DECLARATION

This Declaration shall apply to all lots, areas, streets and easements shown upon said plat and shall apply to any future addition(s) to or extension(s) of said Subdivision by proper amendment to this Declaration, as if such addition(s) or extension(s) shall be made by the Declarant, its successors and/or assigns. Under no circumstances shall this Declaration be deemed or construed to apply to any other adjacent portions of property that are and shall remain the separate property of the Declarant. The imposition of these restrictions shall in no way be construed as a representation that the Subdivision may be expanded or additional phases, subdivisions or extensions thereto be made. Each of the restrictions, covenants, limitations, conditions, reservations, and easements made and set forth herein shall apply as if this Declaration were set forth in its entirety in each deed from the Declarant to any person, firm or corporation conveying or affecting any of said lots, areas or streets and by the acceptance of any deed to said property, any purchaser or grantee agrees and binds itself to make all deeds of land in said Subdivision and all contracts of sale or contracts for deeds conveying land in said Subdivision, subject to said Declaration.

II

RESERVATION BY DECLARANT TO AMEND AND EXTEND RESTRICTIONS

1. The Declarant reserves the exclusive and unilateral right to amend or add to the restrictions, conditions, and limitations to be incorporated into deeds or contracts for deeds for any and all lots in said Subdivision; provided that any such amendment shall be in conformity with the general purpose of the Declaration and restrictions, conditions and limitations herein contained. The recording of an amendment or supplementary declaration shall be notice to all lot owners in the Subdivision or to any addition, extension or enlargement thereof to this Declaration.

2. The Declarant reserves for its self, its successors and/or assigns, the right to extend said Subdivision or make future additions to said Subdivision to any adjacent or contiguous property now owned or hereafter acquired by the Declarant, its successors and/or assigns and to alter any unsold lot as shown upon the plat or any portion thereof.

3. The rights and privileges reserved and set forth herein shall inure to the benefit of the Declarant and to the respective successors and assigns of the Declarant.

4. The Declarant, for itself and for its successors and assigns, makes no representation or warranty as to the operation, management or use by any purchaser of any lot in said Subdivision nor to any future use of any other portion of the property of the Declarant.

5. The Declarant makes no representation as to the future use, ownership or operation of any of the surrounding or adjacent properties nor as to any facilities or amenities with respect to the property.

III

ARCHITECTURAL CONTROL

1. ARCHITECTURAL CONTROL. The Declarant or its designated agent shall exercise all of the duties of the Architectural Review Committee, which shall have the architectural control in the subdivision. At any time and without notice to the property owners, the Declarant, in its sole discretion may relinquish all or part of the duties and responsibilities of architectural control, under such terms and conditions that the Declarant may elect. In that event the entity so designated by the Declarant shall be appointed by and serve, at the pleasure of the Declarant, which entity shall exercise such powers assigned to it for architectural control.

2. APPROVAL OF ARCHITECTURAL PLANS. No building or residence, fences, walls, driveways, parking areas, service courts or other structure shall be built, commenced, erected, maintained nor shall any addition to or exterior change or alteration thereto be made until the plans and specifications showing the nature, kind, shape, height, material, floor plan, exterior color scheme, location, square footage and grading, shall have been submitted to and approved by the Architectural Review Committee, and a copy of the plans and building specifications are to be lodged permanently with the Architectural Review Committee. Upon submission of the plans as herein specified, the Declarant shall have thirty (30) days to approve or disapprove any such building plans, and specifications, and may in its absolute discretion, reject any or all the plans which are not suitable or desirable for any reason, including purely aesthetic reasons. If plans are not approved within these thirty (30) days, the plans shall be disapproved. In approving or passing upon such plans and specifications, the Architectural Review Committee shall have the absolute and discretionary right to take into consideration the suitability of the proposed structure or building, the materials from which it is to be constructed, the lot upon which it is proposed to be erected, the harmony thereof with the surrounding properties and the effect of the structure of building upon the surrounding properties as planned and taking into consideration the outlook from the adjacent or neighboring properties. All such building plans and specifications shall consist of not less than section details, floor plan of all floors, elevation drawings of all exterior walls, roofs, and windows fronting any street, roof plans and a plot plan showing the location and orientation of the building on the lot, with all setbacks and easements shown, and shall also show the location of driveways, walkways service courts, parking and all other proposed construction upon the lot. The Architectural Review Committee reserves the absolute right to establish and enforce the general development criteria for the approval of construction of improvements on the property which is subject to these restrictions, said right to include general or specific requirements concerning the location of any structure upon the lot, nature, kind, shape, height, width, materials, color schemes, as well as the architectural and structural requirements thereof. Upon review by the Architectural Review Committee, the lot owner will receive notification of the said Committee’s decision by phone. Once the Committee gives approval, the lot owner must submit a $750.00 deposit before receiving an approval letter from the committee. Once an approval letter is received, construction may begin. When the buildings and landscaping are complete and a Certificate of Occupancy has been received from the Building Department of Glynn County, the applicant must request, in writing, a final inspection by the Architectural Review Committee to ensure conformance with the approved plans. Upon verification of work being completed per the approved plans by the ClearWater Subdivision POA Inspector of the above, the security deposit (minus any adjustments for non-compliance issues incurred during construction) will be returned.

3. VARIANCES. The Architectural Review Committee may issue variances from any building covenant, except dwelling size and county zoning setbacks, covering the construction or alteration of improvements on the property, provided such improvements substantially comply with the provisions hereof and provided the Architectural Review Committee acts in accordance with adopted and published guidelines and procedures. Any said variance that may be granted shall not act as a waiver of future building covenants.

IV

OWNERS’ ASSOCIATION

1. MEMBERSHIP. Every person or entity who is the record owner of a fee or an undivided interest in any lot in said Subdivision shall automatically be, and shall be required to become, a member of the ClearWater Property Owners’ Association, Inc., (sometimes hereinafter referred to as “Association”) a non profit Georgia Corporation organized and operated for the benefit of owners of real property in the ClearWater Subdivision. Membership in the Association is subject to the terms and conditions of the Articles of Incorporation of the Association (which are of record in the Office of the Secretary of State of the State of Georgia) and the By Laws, to which reference is hereby made for all purposes. No owner shall have more than one (1) membership per lot. Membership shall be appurtenant to and may not be separated from the fee ownership of any lot, which is subject to assessment, by the Association. Ownership of such lot is and shall be the sole qualification for membership in the Association.

2. VOTING RIGHTS. There shall be one vote per lot in the Association. Provided, there shall be a special voting membership for the Declarant. Because the Declarant has incurred, and will continue to incur, substantial development and start up costs, the Declarant desires to control the voting membership in the Association until the Declarant can be assured of the completion of its development plans. Therefore, until the Declarant has sold ninety percent (90%) of both the lots in ClearWater Subdivision Phase I, and any additional phases Declarant may plan to develop, the Declarant shall have a Special Voting Membership by which it shall be entitled to the same number of votes, as are collectively held by all of the members of the association plus one.

3. TRANSFER OF MEMBERSHIP. Transfer of membership held by any owner of any lot or parcel shall be accomplished upon transfer of the ownership of the lot to another party.

4. ASSOCIATION’S RIGHTS.

a. The Association has the right to establish uniform rules and regulations pertaining to the use of general and limited common properties, not inconsistent with the restrictions herein contained;

b. The right of the Association to levy and assess fees and assessments against each lot;

c. The Association has the right to levy and assess fees and assessments against lots that adjoin or touch any limited common areas;

d. The association has the right to suspend the voting rights of any member for any period during which any assessment shall remain unpaid or delinquent;

e. The association has the right to levy and assess fines against any member for violations of rules and regulations involving any common areas;

f. The Association may own property and perform any action not prohibited by law; and

g. The Association has the right to suspend the member’s use of the Association’s amenities, including use of the lake, pool, pool bathhouse, and storage facilities (as well as any future amenities) for any period during which any assessment shall remain unpaid or delinquent.

5. The Association has the right to enforce the rules and regulations by an action at law or in equity but provided that the giving of such right to the Association shall in no way limit or suspend the rights of “Clear Water Partners, LLC”, its successors or assigns, or any other individual to enforce compliance by law or in equity.

6. The Association and all members thereof shall operate and be governed by the Articles of Incorporation of the Association and by the By-Laws of the Association, as same may be amended from time to time.

7. The Association has set the initial annual association dues at $400/yr. The Association reserves the right to change this amount as may be necessary to pay for, but not limited to, common area and lake maintenance, amenity maintenance, street light electricity/gas service, streets/drainage maintenance (including a set aside street maintenance sinking fund for future road maintenance) and other expenses it deems necessary.

V

IMPROVEMENTS

1. LAND USE AND BUILDING TYPE. Except for a sales office and display models by the Declarant or its agents or assigns, no lot shall be used except for residential purposes. No residence shall be erected, altered, placed or permitted to remain on any lot other than one (1) single-family dwelling.

2. DWELLING QUALITY, SIZE AND DESIGN. All dwellings shall be made and constructed out of quality workmanship and materials. For single story dwellings, the main structure shall be not less than two-thousand two-hundred (2,200) square feet, including garage and covered porches, with a minimum of seventeen-hundred (1,700) square feet of heated and air-conditioned space. For two story dwellings, the first floor shall have a minimum of fourteen hundred (1,400) square feet, including garage and covered porches, with a minimum of eighteen-hundred (1,800) square feet of heated and air-conditioned space. Each dwelling shall have an enclosed garage. The garage shall be a minimum of 400 square feet capable of housing a minimum of two vehicles. No carports are allowed. The primary roof pitch of the main structure shall not be less than 9/12. Steeper roof pitches are encouraged and may be required if roof design doesn’t offer sufficient architectural appeal. The first floor finished elevation of all living areas shall be an average minimum height of twelve inches (12”) above the finish grade of the lot and shall always be at least 4” higher than the street centerline elevation immediately adjacent to the dwelling’s driveway.

3. BUILDING LOCATION. No building or structure approved by the Architectural Review Committee shall be located on any lot nearer than the following setback requirements:

 FRONT 20 feet

 SIDE 7 feet

 REAR 7 feet

 SIDE STREET 10 feet

or encroach upon any easement.

4. GARAGE ENTRANCES and DRIVEWAYS. All driveways and front walkways shall be paved of concrete, unless otherwise approved in writing by the Architectural Review Committee. In order to achieve uniformity in the subdivision, the location of driveway entrances shall be approved by Architectural Review Committee. Inquiries as to these locations should be made to the Architectural Review Committee prior to the drafting of plans.

5. EXTERIOR FINISHES. Exterior finish materials shall be of a high quality and durable material, such as brick, tabby, stacked stone and stucco as well as cementitious lap siding or shakes. No wood or vinyl siding shall be allowed. The fronts of all dwellings shall include at least 2 of the approved exterior material finish materials. A minimum of twenty five (25) year fiberglass, multi tab, architectural shingle is required for the main dwelling; other upgraded materials for the main dwelling may be approved by the Architectural Review Committee. Exterior columns shall be of adequate mass and proportional to the main structure as to be aesthetically pleasing. No mill finish windows, metal clad siding, asphalt, asbestos, T 1 11 or similar type sheet siding or roll siding will be permitted on the exterior of the dwelling.

6. MODULAR, INDUSTRIALIZED OR PREFABRICATED HOUSING. No modular, industrialized or prefabricated housing units may be or installed used on the premises.

7. DETACHED BUILDINGS. No detached building shall be erected, constructed or placed upon any lot, prior to construction. All plans and specifications showing proposed type of construction, materials and location shall be submitted to and approved by the Architectural Review Committee. (See Article III Architectural Committee.) Further, the structure must be permanent and have a like exterior and be in architectural keeping with the main dwelling. No detached building shall be placed on the front portion of any lot or in the case of a corner lot on the side bordering the street, unless express written permission is granted by the Architectural Review Committee.

8. TRAFFIC HAZARDS. No fence, wall hedge, shrub, bush, tree or other thing, natural or artificial, shall be placed, maintained, or permitted to remain on any lot or area, if the location of such obstructs the vision of a motorist.

9. RESERVATIONS OF EASEMENTS. No title to land in any street is intended to be conveyed, or shall be conveyed to a property owner in this subdivision under any deed, or the purchaser under any contract or purchase, unless expressly so provided in such deed or contract or purchase.

Easements for installation and maintenance of natural buffers, berms, landscaping, fencing, utilities and drainage facilities, together with access are reserved as noted or shown on the recorded plat. Additionally, The Declarant reserves a perpetual easement in, on, over, and under all streets, lanes, and easements shown on said subdivision plat, and in, on, over and under a strip of land seven feet in width (unless otherwise indicated on the plat) along the side and rear property lines or each lot, with the unrestricted right of entry by it or their agents for the purpose of establishing, constructing, and maintaining any utility, with the right to access to, erect and maintain conduits, and wires for all utilities including, but not limited to those for telephones, electric power, street lights, cable television, and to lay, install, and maintain sewer, water, gas lines, and storm drainage and other utilities, and general maintenance of all common areas as shown on the plat. This reservation shall not be construed as an obligation of the Declarant to provide and maintain any such activity or service.

No dwelling house, garage, outbuilding or other structure of any kind shall be built, erected or maintained upon any such easements, and said easements shall, at all times, be open and accessible to utility corporations, and other persons or businesses erecting, constructing or servicing such utilities and Declarant, its successors and assigns all of whom shall have the right of ingress and egress thereto, and there from and the right and privilege of doing whatever may be necessary in, under and upon said locations for the carrying out of any of the purposes for which said easements, reservations and rights of way are reserved.

10. DRAINAGE. Storm drainage is provided via a private (CWPOA) curb and gutter system with catch basins and pipe drainage system located in the subdivision streets and within drainage easements; therefore, it shall be the lot owner’s responsibility to assure that their lot or lots are properly graded and/or filled in order to achieve positive drainage to curb side or other drainage structure. As some lots adjoin green spaces, it is permissible to allow storm water run off to drain into these green spaces if erosion and flooding can be controlled and a drainage structure is available to drain to; provided, sufficient fill dirt is placed on the lot to elevate the lot at least 6” above the elevation of the green space at the lot’s lowest point. Drainage flow shall not be obstructed or diverted from drainage or utility easements. No fences or other structure shall be erected on any easements or buffers as set forth on the recorded subdivision plat.

11. NPDES STORM WATER DISCHARGE PERMIT. Authorization, subject to the conditions of the permit, to discharge under the National Pollutant Discharge Elimination System (NPDES), Storm Water Discharges Associated with Construction Activity is provided under General Permit No. GAR100003. Construction activities associated with improvements made to lots in ClearWater Subdivision are subject to Secondary Permittee responsibilities contained in this permit. Lot owners hereby acknowledge the responsibilities of the Secondary Permittee under the permit and agree to abide by all conditions and hold the Primary Permitee harmless from all actions and/or lack of actions by the Secondary Permittee in regards to the conditions of this permit. The Secondary Permittees are responsible for obtaining a copy of the Erosion, Sedimentation and Pollution Control Plan, or the applicable portion of the plan for their activities and submit a Notice of Intent (NOI) to discharge storm water to the Georgia E.P.D. at least 14 days prior to any clearing activity on their lot(s).

12. CONSTRUCTION DAMAGE. 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 repairing any damage to any curbing, sidewalks and street or any other improvement on rights-of-ways or easements or common area, resulting from construction on such lot; repairs of such damage must be made within thirty(30) days after completion of such construction on the lot to which the damage is contributable, or sooner if deemed necessary by the Declarant.

13. CONSTRUCTION COMPLETION. Once approval is given by the Architectural Review Committee, the dwelling must be completed within 12 months from start of construction.

VI

GENERAL LAND USE AND OTHER RESTRICTIONS

1. NUISANCES. No noxious or offensive activity shall be conducted on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

2. TEMPORARY STRUCTURES. No structure of a temporary character, including but not limited to, trailers, tents, shacks, garages, barns or other outbuilding shall be used on any lot at any time for any purpose.

3. SIGNS. No sign of any kind shall be displayed to the public view on any lot, except one professional sign of not more than five (5) square feet advertising the property for sale or rent, or identification during the construction period. The Declarant, its successors and/or assigns shall be exempt from this section.

4. ANIMALS, LIVESTOCK AND POULTRY. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets in reasonable number, may be kept provided that they are not kept, bred or maintained for any commercial purposes, nor shall they be bred for non commercial purposes so as to become a nuisance. All pets must be leashed when they are outside of a resident's property.

5. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish, garbage, trash or other waste. All such waste shall be kept in sanitary, covered containers, which shall be maintained in a clean and sanitary condition, and which shall, unless required to be placed elsewhere on certain days for pickup, be kept from public view and from the view of any street. The trash receptacle must be returned out from public view by midnight on the day of pickup.

6. UTILITIES AND ANTENNAS. All utilities shall be placed underground. Each owner is required to connect to said utilities at his or her expense. No exterior pole, tower, antenna, satellite dish exceeding twenty (20”) inches (or equivalent oval dish) or other device shall be visible from any street. However, FCC guidelines state that covenants can’t mandate where to place the satellite dish apparatus if that location doesn’t allow good reception. If at all possible, the dish should be situated in the back of the house in an area not visible from the street. If it must be placed in the front of the house for reception reasons, the location, along with the required screening with landscaping & shrubbery

must be approved by the Architectural Review Committee.

7. MAILBOXES AND PROPERTY IDENTIFICATION MARKERS. Each property owner shall be required to pay a fee of $125 at closing for cluster boxes installed by the developer. This shall be the only type of mailbox permitted in the development unless approved by the Architectural Review Committee. 8. VEHICLES. The immobilization of any vehicle for any reason, including, but not limited to repairing or overhauling, at a resident's site or on any street within ClearWater Subdivision is hereby strictly prohibited. The parking of excessive amounts (as defined by the Declarant within its sole discretion) of vehicles, boats, campers, recreational vehicles or trucks is prohibited. There is a storage area for these items within the development. These items shall be kept in the driveway for no more than 24 hours before re-storing the items. Trucks more than one and one half ton are prohibited unless approved by the Architectural Review Committee.

9. BOAT AND BOAT TRAILERS. Boat trailers or boats may not be stored on the front portion of any lot or the side portion of a corner lot for longer than 24 hours, unless approved in writing by the Architectural Review Committee. No boat trailers or boats exceeding twenty (20) feet in overall length shall be stored on any lot or in the subdivision unless otherwise approved by the Architectural Review Committee.

10. CLOTHESLINES. No clotheslines or other device for clothes drying purpose shall be maintained on any lot, unless the same are placed within a service court, which shall be hidden from view from any street and from any adjoining lot(s).

11. LANDSCAPE. All lots, upon completion of construction of residence and prior to move in, shall have properly graded yards, sodded lawns (entire area to be sodded) and a minimum of 40 plants along the front portion of the residence. All landscape designs shall be of a traditional design, consistent with surrounding properties. Excessive ornamental novelties, irregular borders, or fountains shall not be permitted. All lawns and planting shall thereafter be mowed and/or maintained. The cutting or trimming of trees or plants in designated natural buffers or landscape areas as shown on plat of record shall be strictly prohibited unless express written consent is obtained by the Architectural Review Committee.

12. IRRIGATION. All lot owners are required to install irrigation systems with timers that provide adequate watering of all vegetation on the lot. The irrigation system must be connected to the private irrigation system supplied by W & D Utilities, Inc, or its successor and/or assigns. W & D Utilities, Inc, or its successor or assigns may sell this system. No other source of irrigation water is permitted, unless approved by the Declarant. The connection fee is $500 (subject to change without notice). In addition, a $375 meter fee will be paid by lot owner prior to connection to the irrigation system. Connection to the system by the property owner will be allowed once a final inspection is made upon completion of construction, and final approval given by the Declarant that the construction is in accordance with the approved plans and specifications. As long as service is available, each lot owner shall be invoiced by W & D Utilities, Inc, its successors or assigns a monthly irrigation water service charge. W & D Utilities, Inc, its successors or assigns, may impose reasonable late fees for bills not paid by the 20th day after the bill was mailed. Also, W & D Utilities, Inc, its successors or assigns, may disconnect the water if the bill is not paid within 30 days from its mailing. W & D Utilities, Inc, its successors or assigns, may charge a $50 disconnect fee. The irrigation water will be typical untreated groundwater, and will not be suitable for consumption. Water quality tests will be available a reasonable period after requested, and upon payment of a reasonable fee. If service is unavailable for more than seven (7) consecutive days or water quality unsuitable for irrigation purposes, then the monthly service fee will be waived until the water becomes suitable. The irrigation system operator accepts no liability for landscaping replacement costs, direct, indirect, or consequential damages resulting from any irrigation water quality or quantity problem other than to waive the monthly service fee when water is not available for seven (7) consecutive days or is unsuitable for irrigation purposes. Lot owners agree not to sue Declarant for any failures of said water system.

13. MAINTENANCE OF PROPERTY. Each lot owner shall keep his or her respective lots and all improvements thereon in good appearance and repair, free of debris. All lawns shall be watered and mowed. All trees and shrubbery shall be pruned, except for lots left in their natural wooded state. Lawns shall be kept free of noxious insects, infectious and spreading weeds, all in a manner consistent with good property management. In the event the lot owner fails to comply with this provision, the Association, upon ten (10) days written notice to Owner, shall have the right to enter upon said lot for the purpose correcting the deficiency and shall be entitled to levy a special assessment against the Owner of said lot to cover the cost thereof.

14. FENCES. All proposed fence designs, specifications and plot plans showing location must be submitted to the Architectural Review Committee for approval. No fences shall be located on the front portions of any lot except for approved low profile picket, masonry or rail type open fences. Fences shall not exceed six (6) feet in height along the side lot lines and must be of an approved vinyl construction. All structural framing on single faced fences must be maintained toward the lot owner’s property, the finished side of the fence shall face the adjoining lots and streets. All fences shall be erected in a professional workmanship type manner, including but not limited to being straight, level, and plumb. Rear lot line fences must be constructed of black coated chain link or vinyl picket fence, no higher than four (4') in height, or 4’-6’ vinyl fence.

15. BASKETBALL GOALS. Basketball goals are not allowed on individual lots in the front or side yards nor in any driveway or street right-of-ways.

16. EXTERIOR COLOR SCHEMES. Exterior color schemes shall be of soft natural tones submitted to the Architectural Review Committee for approval. This requirement shall also include all exterior maintenance painting, unless the original color scheme is retained.

17. MISCELLANEOUS. Wood piles, dog houses and kennels shall be in a screened area, approved by the Architectural Review Committee, or hidden from view from any adjacent street and shall be cleaned and property maintained.

18. DUAL FACING OF RESIDENCE. Any residence building on a corner lot abutting two (2) streets shall be so designed and oriented on the lot as to present an attractive appearance from each street.

19. SUBDIVIDING OF PROPERTY. No subdividing of lots is permitted, except to increase the overall lot size for an individual homesite. For instance, a lot may be split in half, with each half combined with its adjacent whole lot to create new single homesite lots, approximately 1.5 times larger than the original lot. Also, two lots may be combined to create a single homesite. This shall only be allowed with expressed written consent of Declarant and only in Declarant's sole discretion.

20. ACCESS FOR LOTS. Notwithstanding that some lots abut other public roads, no vehicular traffic or other access shall be allowed to the lot except through the streets and roadways of ClearWater Subdivision as shown on the plats of each.

21. USE OF LAKE. A lake is located near Phase 3 of ClearWater Subdivision. The lake is owned by Lake Holding Properties, LLC. No swimming is allowed in the lake. Non-electric boat motors are prohibited in the lake. Declarant intends to retain a strip of land between lots/amenity area and the lake.

22. USE OF COMMON AREAS. The general common areas shall be accessed only through designated areas as set forth by the Association. All wooded common areas, whether general or limited shall be left in its natural state as green space; provided that the Association may underbrush the green spaces in accordance with accepted landscaping practice and in compliance with all Federal, State and Local governmental rules and regulations. The dumping or placing of foreign materials, trash, and/or landscape debris into these areas is strictly prohibited.

23. ALL TERRAIN VEHICLES(ATVs). ATVs are not allowed on any streets or common areas in the development.

24. WAIVER. In no event shall the failure by Declarant or the Association to insist in any one or more cases upon the strict performance of any of the terms, conditions, covenants or restrictions set forth in this Declaration be construed as a waiver or relinquishment of the future enforcement of any such term, condition, covenant or restriction. The acceptance of performance of anything required to be performed with knowledge of the breach of a term, condition, covenant or restriction shall not be deemed a waiver of such breach, and no waiver of any term, condition, covenant or restriction shall be deemed to have been made unless expressed in writing and signed by a duly authorized officer of the Declarant.

25. SEVERABILITY: Invalidation of any one of these covenants, conditions or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

VII

TERM OF COVENANTS

These covenants shall run with the land and shall be binding upon the Declarant and all persons or parties claiming by, through or under the Declarant for a period of twenty five (25) years from the date that this Declaration shall be filed for record in the Office of the Clerk of Superior Court of Glynn County, Georgia and for twenty five (25) years after any such amendment or extension of said covenant shall be filed and, thereafter, said covenants shall be extended automatically for successive periods of two (2) ten (10) year periods. Further, these covenants shall extend for a period of twenty five (25) years after the last lot is sold and the last home or house is built while these restrictions are in effect. An instrument changing or eliminating these covenants, in whole or in part, shall only be effective if seventy five percent (75%) of the lot owners vote to so eliminate or change these covenants, and then record said amendment or change in the Glynn County Superior Court Clerk's Office within ninety (90) days thereafter.

Witness our hand and seal on the date and year written above.

Signed, sealed and delivered Clear Water Partners, LLC

In the presence of:

By:

It’s: Manager

Notary Public