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Deed Covenants

Certain lots (generally lake lots) in Berkeley Lake Estates are subject to deed covenants. The text below is from a document believed to originate on June 1, 1950.

Berkeley Lake

Gwinnett County, Georgia

LIST OF RESTRICTIONS, COVENANTS AND SPECIAL STIPULATIONS

This conveyance is made subject to the following restrictions which are covenants running with the land and shall be binding upon the grantee, his heirs, representatives, successors and assigns until June 1, 1990.

  1. Each numbered lot shall be used for residential purposes only and no use shall be made of any part thereof which will or may constitute a nuisance or annoyance to any other property owner in said subdivision.
  2. No trailer, basement, tent, shack, garage, barn or other building than the main dwelling shall be erected on any portion of said lot and occupied as a residence either temporarily or permanently.
  3. Said lot shall not be subdivided, sold or leased in smaller parcels and only one neatly painted one-family residence containing not less than 800 square feet of floor space, exclusive of porches and terraces, shall be erected thereon; except that servants' quarters and a garage may be erected on the rear of said lot simultaneously with or subsequent to the erection of the main residence thereon, provided that no servants' quarters or garage structure shall be occupied by or leased to any person other than the servants of the owner or lessee of the residence erected on said lot.
  4. No building for human occupancy shall be erected on said lot unless a standard septic tank is constructed and used in connection therewith; but no part of any septic tank shall be placed on said lot so as to permit any drainage there from into Berkeley Lake in said subdivision, and in no event any part of any septic tank shall be nearer than 75 feet from the nearest outer rim of said lake, unless approval of the health authorities shall be obtained by the grantee in writing and the grantor gives its written consent.
  5. The grantee shall have the privilege, as a licensee, for his own convenience and gratification, to use the lake, known as Berkeley Lake, and the areas marked on the subdivision plats "Reserved FPR", (said lake and areas being the property of grantor), for fishing, swimming, hunting and boating, subject to the following conditions:
    1. A fishing card will be issued to the grantee, entitling the grantee, his or her spouse, and his or her children to fish on said lake; and
    2. Two guest fishing cards will be issued to the grantee, which will entitle as many as two of the grantee's guests to fish at any one time.
    3. No fishing shall be permitted except by rod and reel or pole, hook and line, and same is limited to one outfit per person.
    4. No children under twelve years of age shall be permitted to fish unless accompanied by parents.
    5. No fishing shall be permitted in or near spawning beds.
    6. No fishing shall be permitted off the main boat house and/or piers between Lots 40 and 41, Area 1.
    7. No fishing or hunting shall be permitted in violation of either Federal or State fish, game or wildlife laws and regulations.
    8. Fishing limit per person per day:
      • 10 Bass, none under 10 inches in length;
      • 20 Bream, none under 5 inches in length;
      • Other species - according to the law.
    9. No fire arms of any character shall be discharged on said lot, lake or subdivision, excepting shot guns for duck shooting as permitted by Federal and State game laws and regulations.
    10. Swimming shall not be permitted by children unless accompanied by parents or other adults.
    11. All lot owners in said subdivision shall have the privilege of operating gasoline and electrically propelled motor boats on the lake for personal purposes only; provided only that a speed limit not exceeding five miles per hour is observed and that the motor does not exceed 5 horsepower.
    12. The areas marked "Reserved FPR" on the subdivision plat may be used by the grantee for the purpose of passing and repassing to and from the shore of the lake in the way now used for that purpose or by any other way which may be hereafter selected or provided by the grantor within such areas, and the grantee shall not have the right to construct piers, docks, or any other structures or obstructions in such areas, and grantor reserves the right to use said areas in any way that it desires to do so.
  6. Grantor reserves the right to lay down, erect, construct, repair, maintain, enlarge, reset, install, and connect, power and telephone lines, water and gas pipes and mains, sewers and drains, at any time, in and upon the premises herein conveyed, for the convenience of the grantee and the lot owners in the Berkeley Lake Subdivision, and for such purposes the right of ingress and egress in and upon the property is fully reserved.
  7. Grantee, if the property herein conveyed adjoins the lake proper, may, for his convenience and gratification, construct a pier, dock, and/or boat landing, extending from the shoreline of the property herein conveyed out into the lake for a distance not exceeding twenty-five feet.
  8. As an inducement to the grantor to extend its water mains and/or lines to within at least thirty-five feet of the property herein conveyed, it is agreed that, if and when said mains and/or lines are so extended:
    1. The grantee will use and continue to use the water service afforded by grantor commencing with the earliest date that grantee builds a house, or otherwise acquires a need for water or in connection with the use and/or occupancy of the within conveyed property; and
    2. The grantee for said service will pay the grantor:
      1. A charge of $65.00 for tapping onto the grantor's water main and/or line; said tapping to be under the direct supervision of the grantor. Grantor will furnish a corporation stop and a gooseneck; and make an excavation downward to its water main or line; and all other pipe, fittings, valves and excavations shall be furnished and paid for by grantee. Grantee will install a valve on the outside of the house between the point of grantee's first water outlet and grantor's water main and/or lines, so that grantee's piping system may be completely shut on and off, and grantor shall have access to said valve at all times. Grantee agrees to repair any leaks in its faucets or pipes and to otherwise avoid waste of water.
      2. Grantee shall pay the grantor a monthly charge of $3.00 for such water service, plus any tax that may be imposed by law (such as sales tax). Said monthly rate for water service shall remain in effect for five years after the first date that grantee starts using grantor's water service.
      3. All of the charges referred to in sub-paragraphs (a) and (b) above shall constitute a lien upon the property herein conveyed as such charges become due and shall so remain until such time as payment is made to grantor. Said liens shall, in all cases, rank junior to any lien placed on the property for construction purposes regardless of the time of placement. It is agreed that said lien shall be deemed to be for materials furnished for the improvement of said real estate and shall be declared and created in accordance with the provisions of Section 67-1002, Code of Georgia, 1933.
    3. Grantor shall have the right to shut off the water, if necessary, for operational or repair purposes, after first notifying the grantee of its intent to do so, provided that such repairs and/or operational adjustments are made and the service is resumed as expeditiously as possible.
  9. Grantee acquires no rights or privileges not herein specifically conveyed.
  10. On and after June 1, 1990, the foregoing covenants shall automatically be extended for successive periods of ten years each, unless within sixty days prior to June 1, 1990, a majority of the then recorded base fee lot owners in said subdivision (including owners of equities) shall have executed and recorded a declaration of their desire to change the foregoing covenants, in whole or in part, specifying in such declaration the changes agreed upon.
  11. Should any lot owner in said subdivision, his heirs or assigns, violate or attempt to violate any of the foregoing covenants, it shall be lawful for any other person or persons, owning a lot or lots situated in said subdivision, to proceed in law or in equity against the person or persons violating or attempting to violate any one of the foregoing covenants for the purpose of preventing him or them from so doing, or to recover damages for such violation.
  12. Invalidation of any one of the foregoing covenants by judgment or other court decree shall in no wise affect any of the other provisions hereof, all of which shall remain in full force and effect.
  13. Grantor reserves the right to enlarge upon, but not to restrict, the privileges herein granted to the grantee, and grantor, as to all future sales of lots, may modify or amend these restrictions in special cases which in the opinion of grantor justify or require such changes.
 
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