DECLARATION OF COVENANTS by fionan

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									                                  DECLARATION OF COVENANTS

                                          LAURA’S WOODS

                                        GEORGIA, VERMONT

                                            FINAL DRAFT



        In order to establish and maintain a real estate development and a neighborhood that will
afford a maximum of protection to homeowners, investors, developers and the Town of Georgia,
in general, Clarence H. and Norma C Hurteau, of Georgia, in the County of Franklin and State of
Vermont, (hereinafter called “Developer”), do hereby set forth the following covenants to be
applied against a eighty-four (84) lot subdivision as shown on a Plan entitled: “Laura’s Woods
Subdivision, Georgia, Vermont”, Steven A. Brooks registered Land Surveyor, St. Albans,
Vermont, dated June, 1987 and recorded in Map Book 4 on Page 103, 103A-I of the Map
Records of the Town of Georgia, and designated therein as Map Number 103. Said lots are
specifically subject to these covenants and they shall run with the land as hereinafter provided.

       1. Land Use permit Number EC-6-1256 issued September 30, 1987, by the State of
Vermont Agency of Environmental Conservation and of record in Book 66 Page 300 of the
Town of Georgia Land Records shall apply and be binding on the Developer and subsequent
owners of the eighty-four (84) lots.
       2. The Developer and all assigns and successors in the interest shall install and maintain
water-conserving plumbing fixtures in all residences, including, but not limited to,-

           Fixtures                          Maximum Flow Rate
              Showers                           2 G.P.M.
              Lavatories                        2 G.P.M.
              Kitchen Sinks                     2 G.P.M.
              Toilets                           13.5 Gal/Blust

       3. All heated structures erected on the lots shall be constructed within energy
conservation guidelines –

              Foundations                         R-10 Perimeter
              Walls                               R-19
              Ceilings                            R-38
              Windows                             Doubleglazed

and other guidelines as may be imposed by municipal or state authorities. The two major roads
in the subdivision are orientated in an East – West direction, which provides good solar access to
the homes along these roads.
        4. The minimum ground floor living area, exclusive of one-story porches and garages
for a one-story dwelling, must be 1175 Sq. Ft.. Two story homes may have a minimum ground
floor living area of 864 Sq. Ft. but if less than 1170 Sq. Ft. must have a 1 car garage at least 18 X
24 attached on either end. (The long dimension of all dwellings must be parallel to the street,
unless otherwise approved.)
         5. The installation and maintaining of electric resistance or space heating units in any
structure is prohibited.
         6. Each lot and owner shall be a member of the Laura’s Woods Homeowners
Association which shall have the power and authority given by these Covenants, to make rules
regulating the use of the common land, including the right to assess dues for common land
improvements, maintenance, insurance and enforcement of the covenants and common land
regulations.
         7. Once deeded to the Homeowners Association, no trees, shall be cut or removed from
the common area without the prior written consent of a Forester or Forest Management Planner,
and the homeowners association.
         8. No lot shall be subdivided for sale purposes or for any other purpose without the
approval of state and municipal agencies as required.
         9. The lots shall be used for residential purposes only. This provision does not exclude
the use in the present or future as then may be permitted by the Town of Georgia Zoning
ordinance.
         10. No building shall be constructed upon any lot until the plan and the placement of the
building have been approved by the Zoning Administrator and Clarence & Norma Hurteau or
their designated representative. The purpose is to insure plans, quality of workmanship, and site
locations that will best represent the intent of the development owner as to the quality of the
workmanship and materials, harmony of exterior design with existing structures and location in
respect to topography and finished grade level.
                   Construction of foundation, framing, roofing, siding, and all the exterior and
interior work to the completion of said dwelling must be done by a builder or contractor or sub-
contractor approved by Clarence & Norma Hurteau or their representative, or if the lot has been
conveyed, then the Developer retains the right to repurchase the lot at the original sale price.
         11. No building shall be erected, maintained or placed upon any lot except one single
family unit, not exceeding two stories in height, usual accessory buildings and a private garage
for no more than three (3) vehicles.
         12. The developer and the purchasers of lots, and their heirs and assigns, will have a right
of way over the roadways within the development until such time as said roadways are accepted
by the town of Georgia as public roads. The developer will construct the roadways in said
development to the road specifications of the town of Georgia and commencing one year after
the construction of each roadway, each lot owner will be responsible for the prorated expense of
repairing and maintaining said roadway, as constructed, until such time as said roadway is
accepted by the town of Georgia as a public road. The town of Georgia may accept such
roadways in their entirety or in functional sections as they may agree.
         13. No retail or wholesale shop or store shall be erected, or any business or industry, or
any noxious or offensive trade, be carried on upon said lots, nor shall ay lot be used as dumping
ground. There shall be no outside burning of solid waste, leaves, garbage or paper. Any other
outside burning must be with the approval of the Fire Marshall or Fire Chief for the Town of
Georgia. Nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood. Home occupations and other uses as approved by the Town of
Georgia zoning ordinance and or the Zoning Board of adjustment are approved.
         14. No signs, signboards or advertising structures of any kind shall be erected or placed
on any lot except a home occupation sign or a sign required to advertise the property during the
construction and/or sale or renting period.
         15. Once construction of a dwelling unit is commenced on any lot, construction thereof
shall be completed within (1) year for date of commencement.
         16. No livestock or animals of any kind whatever, except domestic household pets, shall
be kept, housed or permitted to remain on any lot.
         17. The continuous operation of mechanical devices, such as trail bikes, motorcycles, go-
carts, ATVS or snowmobiles is prohibited upon any lot, and upon the common land unless
approved by the Homeowners association.
         18. The Developer, their heirs and assigns, retain a right of first refusal to repurchase any
lot in the development in the event that the owners thereof shall sell the same for any reason, said
right of first refusal shall, however, apply to vacant lots as well as incomplete development and
be exercised within 30 days of notice.
         19. The grounds visible from the roadways in said development shall be maintained in a
manner in keeping with residential homesites and with the general quality of the development.
No wrecked, junk or unregistered and uninspected motor vehicles, or parts there of, shall be
placed, kept or maintained on any lot unless housed within a garage.
         20. Enforcement of these covenants shall be proceeding by law or in equity, either to
restrain violation or to recover damages, against any person or persons violating or attempting to
violate any of these covenants.
         21. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions which shall remain in full force and effect.
         22. All house lots will have a lantern (see example photo copies attached) post light near
the intersection of the driveway and the road right of way, with the house number thereon, and
shall be encouraged to be kept lighted during the hours of darkness. During periods of energy
crises or for other reasons the Homeowners Association may amend this requirement. Sodium
vapor lights may not be used unless permitted by the Homeowners Association.
         23. In addition, it will be the responsibility of the homeowners association to enforce
these covenants and also to maintain the street names signs and plaques honoring the persons for
whom the streets are named.
         24. The foregoing items 1 through 8 hereof may not be revised without the prior written
approval of the district Environmental Commission.
         25. All lot owners, owning property that has a joint boundary (site must be not larger than
10.5 acres) with the Laura’s Woods subdivision, may join the Homeowners association as full
fledged members. Owners of lots 23 thru 28 (per Stuart Survey 1980) Sherwood Forest may also
join the Homeowners Association.
         26. Within 60 days after the transfer of the 30th home site to its homeowner, the
developer will notify by hand delivery or U.S. Mail each resident/owner/member notice for them
to meet and organize the homeowners Association. A locally convenient place of meeting and
date within 60 days of the above will be designated by the developer. Developer may vote all
remaining building sites as one vote each.
         27. Developers Clarence H. & Norma C. Hurteau retain full right of access, R.O.W. 60’
wide through common areas or common area access routes to land presently owned by Tubbs &
Croce and may deed them such a R.O.W.. Developers also may grant a perpetual easement or
deed for a 60’ right of way to Ballard Road at the Easterly end of the development, as show on
the plat, to the Town of Georgia. Developers also may use common land as and if needed to
access drilled well and water rights on the lot presently owned by the Pratts.
         28. The $200.00 per lot recreation assessment and the $500.00 per lot Fire Department
assessments as required by the Planning Commission will be paid to the proper account as and
when required. In addition, the developer will place the above in an escrow account. A $200.00
gift per lot to the Homeowners association is to be spent by them for “Sub-division”, recreational
facilities as the Homeowners Association may wish.
         29. Should this money not be used by 1 year after the last lot is transferred then the
money will be turned over by the homeowners Association to the Town of Georgia recreation
fund. Or, it may be given to a fund to provide for new town municipal building and/or a central
computer to be used by school and all departments, committees and commissions of the town of
Georgia. The Homeowners Association may, if they wish, spend the above funds for any of the
above purposes in lue of on site recreation, thus leaving more undisturbed green belt.
         30. Dwellings or other structures may not be occupied or used on any lot until occupancy
permits have been issued for that purpose and fees paid.
       IN WITNESS WHEREOF, we hereunto set our hands and seals
this      day of         A.D. 1987.


IN THE PRESENCE OF:




              Witness                                      Witness




              Witness                                      Witness



STATE OF VERMONT
COUNTY OF FRANKLIN, SS:

       At Georgia in said County and State, this          day of October, A.D. 1987, personally
appeared CLARENCE H. HURTEAU and NORMA C. HURTEAU, and they acknowledged
these Declaration of Covenants, Laura’s Woods, Georgia, Vermont, consisting of eleven (11)
pages, by them sealed and subscribed to be their free act and deed.

                                 Before me:

                                                      Notary Public

								
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