RESTRICTIONS AND COVENANTS

FOR

BRANDYWINE ESTATES

PHASES I, II & III

 

     1.    B & B Land Developers, Inc. ("Owner") is the owner of Brandywine Estates located in Section 29, Township 17 North, Range 30 East, Russell County, Alabama and intends to sell parcels of that property with the following restrictions and covenants binding on that property.  These restrictions and covenants shall run with title to this land and be binding on anyone claiming title or receiving deed to any parcel of this property.  Acceptance of deed to any parcel of this subdivision is deemed to be acceptance of all such restrictions and covenants and the grantee thereby agrees to  abide by all restrictions and covenants and shall be attached to the certificate of title. 

     2.    LAND USE AND BUILDING TYPE.  No lot shall be used except for single family residential purposes.  No building shall be erected, altered, placed, or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height above ground.  No portion or building may be rented or leased separately from the entire property.

           a.  However, each, lot will be allowed one storage shed placed at the rear of the lot.  This shed shall not be larger than 8 ft X 10 ft (ground area) nor extend higher than 8 feet above ground level.  All storage shall be contained within the shed and not visible when doors are closed.  The shed shall be natural wood color or painted in colors complementing the residence.

           b.  TREE REMOVAL SHALL BE MINIMIZED.

     3.    ARCHITECTURAL CONTROL.  No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing location of the structure have been approved by the architectural control committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location  with respect to topography and finish grade elevation.  Approval shall be as provided in paragraph 20 below. 

     4.    HOMEOWNERS ASSOCIATION.

           a.  The formation of a "Homeowners Association" is encouraged by the owner.  The association may be formed after 25% of the lots in phase I of this subdivision have been sold by the owner and a bonafide association charter has been approved by the owner.  Membership in this association shall be voluntary and open to all property owners.  Membership on all committees shall also be open to all property owners with annual elections guided by the association charter.  Within 30 calendar days of charter approval by the owner, this association shall form an architectural control committee that shall assume  enforcement responsibilities for these covenants from the owner's architectural control committee.    

           b.  Additional phases of this subdivision are planned for development in the future.  The purchasers of lots in the additional phases shall become eligible for membership in this same homeowners association  and subject to the same architectural control committee.  Upon formation of the association architectural control committee, the owner's committee shall be dissolved.  However, the owner retains the power to override the association architectural control committee actions on any given lot until one year after each lot is sold by the owner and or the associated home is occupied for the first time, whichever occurs later.

     5.    WALLS, FENCES AND UTILITIES.  No wall or fence shall be constructed or permitted to remain upon any lot if it is higher than seven (7) feet.  Only clay brick, or rock walls, and natural colored wooden fences will be permitted and only provided the style, location, height and material have been approved by the Architectural Control Committee designated in paragraph 20 below.  No fence shall be erected, placed, altered or allowed to remain on any lot nearer to any street than the rear edge of the house.  All utility service lies shall be placed underground from the utility pole/line to each residence.

     6.    DWELLING QUALITY AND SIZE.  The total floor area of the main structure, exclusive of one story open porches and garages, shall not be less than 1,700 square feet for a one story dwelling, nor less than 1,900 square feet for a dwelling of more than one story.  All residences shall contain either an attached carport or garage.  The only masonry that shall be visible from the residence exterior shall be clay brick or natural rock masonry or dryvit.  Externally visible concrete/cinder block shall not be allowed in any form or color.  Crawl space underneath structures shall be enclosed and not be open to the exterior except for one secured access door on the rear of the house. 

     7.    BUILDING LOCATION.  No building shall be located on any lot nearer to the front property line or nearer to a side street than the minimum building setback lines shown on the recorded plat.  In any event, no building shall be located on any lot nearer than 35 feet to the front property line, or nearer than 25 feet to any side street.  No building shall be located nearer than 10 feet to an interior lot line, except that a 3 foot side yard shall be required for an otherwise permitted accessory building located 20 feet or more from the main structure.  No dwelling shall be located on an interior lot nearer than 40 feet to the rear lot line.

     8.    EASEMENTS.  Easements for installation and maintenance of utility and drainage facilities are reserved over and under the front, rear, and all sides of each lot to a depth of 10 feet.

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

     10.   TEMPORARY STRUCTURES.  No structure of a temporary character, trailer, tent, shack, garage, barn, or other out building shall be used on any lot at any time as a residence either temporarily or permanently.

     11.   SIGNS.  No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

     12.   OIL AND MINING OPERATIONS.  No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon, in or under any lot, nor shall oil wells, tanks, tunnels, mineral evacuations or shafts be permitted upon, in or under any lot.  No derrick or other structure designed for use i mining for oil or natural gas shall be erected, maintained, or permitted upon any lot.

     13.   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 may be kept provided that they are not kept, bred or maintained for any commercial purposes and are not allowed to become  a nuisance to the neighborhood. 

     14.   GARBAGE AND REFUSE DISPOSAL.  No lot shall be used or maintained as a dumping ground for rubbish.  No trash, garbage or other waste shall be kept except in containers approved by the architectural control committee.  All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.

     15.   SEWAGE DISPOSAL.  No individual sewage disposal system shall be permitted on any lot unless such system is designed, located, and constructed in accordance with the requirements, standards and recommendations of the Alabama Department of Public Health and the appropriate local permitting authorities.  Approval of such systems as installed shall be obtained from such authority.

     16.   NO PARKING OF VEHICLES, BOATS, ETC.  No wheeled vehicles of any kind, nor boats, nor any offensive objects may be kept on or adjacent to the public street.  No wheeled vehicles, except for operable automobiles shall be parked in a position visible from the public street. 

     17.   COMPLETION OF COMMENCED CONSTRUCTION.  When the construction of any building is begun, work as approved by the architectural control committee shall be completed within 6 months unless such completion is rendered impossible as the direct result of strikes, fires, national emergencies or national calamities.

     18.   CLEAR SIGHT DISTANCE AT INTERSECTIONS.  No fence, wall, hedge, shrub, plant or any other object that obstructs the line of sight at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded corner property, from the intersection of the street property lines extended.  The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement.  No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such lines of sight.  However, because the prime purpose of these covenants is to preserve the natural appearance of this area, tree removal shall be minimized and limited to only those necessary for building and site preparation.

     19.   STREETS.  All lots are sold with the provision that the city, county or state may at any time raise or lower the street surfaces and that such action on the part of the city, county or state shall in no wise be considered as a basis for claim for damages to the abutting property.

     20.   ARCHITECTURAL CONTROL COMMITTEE.

           a.  MEMBERSHIP.  The architectural control committee is composed of GARY M. BARBEE & SHIRLEY A. BARBEE.  Either member of the committee may represent and act for it.  The committee may also appoint a representative to act for it.  In the event of death or resignation of any member of the committee, the remaining member shall have full authority to designate a successor.  Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant nor be liable for any damages or be parties to any suit whatsoever. 

           b.  PROCEDURE.  The committee's approval or disapproval as required in these covenants shall be in writing.  In the event the committee, or its designated representative, fails to approve or disapprove within 30 days after the complete plans and specifications have been submitted to and received by it, approval will not be required and the related covenants shall be deemed to have been fully complied with.

           c.  ARCHITECTURAL CONTROL COMMITTEE MAY CORRECT VIOLATIONS.

Wherever there shall have been built or there shall exist on any parcel any structure, building, thing or condition which is in violation of these covenants and restrictions, the architectural control committee shall have the right, but no obligation, to enter upon the parcel where such violation exists and summarily to abate, correct or remove the same, all at the expense of the owner of such parcel.  Such entry and abatement, correction or removal shall not be deemed a trespass or make the committee liable in any way for any damages on account thereof.

           d.  APPROVAL OF COMMITTEE.  Wherever in these covenants and restrictions the consent or approval of the architectural control committee is required to be obtained, no action requiring such consent or approval shall be commenced or undertaken until after a request in writing seeking the same has been submitted to and approved in writing by the committee.  Such request shall be sent to the committee by Registered Mail with return receipt requested.  In the event that the committee fails to act on any such written request within 30 days after the same has been submitted as required above, the consent or approval of the committee to the particular action sought in such written request shall be presumed; however, no action shall be taken by or on behalf of the person or persons submitting such written request which violates any of the covenants and restrictions herein contained.  The address of the Owner and the Committee for purposes of these covenants and restrictions is GARY M. BARBEE, 1241 PENNCROSS WAY, MARIETTA, GA 30064 or such other address as the committee may designate from time to time.

     21.   AMENDMENTS OR ADDITIONAL RESTRICTIONS.  The Owner reserves and shall have the sole right; 

           a.  to amend these covenants and restrictions, while conforming to the general purposes and standards of the covenants and restrictions contained herein;

           b.  to amend these covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein;

           c.  to include in any contract or deed or other instrument hereafter made, any additional covenants and restrictions or waivers/modifications to these covenants and restrictions applicable to the said land which, in the sole judgment of the owner, the owner deems to be acceptable and consistent with the general purposes and standards of the covenants and restrictions herein contained; and

           d.  to release any single parcel from any part of the covenants and restrictions which have been violated if the Owner in its sole judgment  determines such violation to be minor or insubstantial violation.  Such release shall only be deemed valid if rendered in writing and signed by the Owner or its representative.

           e.  These covenant amendments shall be binding on subsequent sales of land parcels.  However, parcels of land sold by the Owner prior to amendment of these covenants shall only be bound by the existing covenants at the time of their original sale by the Owner. 

     22.   AMENDMENT OF RESTRICTIONS WITH CONSENT OF OWNERS.  In addition to the rights of the Owner provided for in paragraph (21) hereof, the Owner reserves and shall have the right, with the consent of the persons then owning 75 percent or more of the parcels comprising the Property, to amend or alter these covenants and restrictions or any parts thereof  in any other respects. 

     23.   LEGAL ACTION ON VIOLATION.  If any person, firm or corporation, or other entity shall violate or attempt to violate any of these covenants and restrictions, it shall be lawful for the Architectural Control Committee or the Homeowners Association;

           a.  to prosecute proceedings at law for the recovery of damages against those so violating or attempting to violate any such covenants and restrictions;

           b.  to maintain a proceeding in equity against those so violating or attempting to violate any covenants and restrictions, for the purpose of preventing or enjoining all or any such violations or attempted violations.  The remedies contained in this paragraph shall be construed as cumulative of all other remedies now or hereafter provided by law. 

           c.  The failure of the committee, its successors or assigns, to enforce any covenant or restriction or any obligation, right, power, privilege, authority or reservation, herein contained, however long continued, shall in no event be deemed as a waiver of the right to enforce the same breach or violation thereof occurring prior to or subsequent thereto.  Parcel owners found in violation of these restrictions shall be obliged to pay attorney's fees to the successful plaintiff in all actions seeking to prevent, correct or enjoin such violations or in damage suits thereon.  All restrictions herein contained shall be deemed several and independent.  The invalidity of one or more or any part of one or more shall in no wise impair the validity of the remaining restrictions or part thereof.

     24.   TERM.  These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of 25 years unless an instrument signed by a majority of the then owners of the lots has been legally recorded, agreeing to change said covenants in whole or in part.           

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