RECORD AND RETURN TO:
L. Lee Dailey
Lipscomb, Johnson, Sleister,
Dailey & Smith, LLP
112 North Main Street
Cumming, Georgia 30040
STATE OF GEORGIA
COUNTY OF FORSYTH
SEVENTEENTH AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR ST. MARLO
SUBJECTING POD 22
TO THE DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR ST. MARLO
THIS SEVENTEENTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST MARLO is made this 29th day of January, 2003,
by Shakerag Land Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as
successor to Shakerag Land Equity, Ltd., a Georgia general partnership, pursuant to a
Transfer and Assignment dated June 16, 1994 and recorded on June 17,1994 in Deed Book
767, Page 49, Forsyth County, Georgia Records.
WITNESSETH:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and
Restrictions for St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth
County, Georgia records; and
WHEREAS, said Declaration has been previously amended by that certain First
Amendment to Declaration of Covenants, Conditions and Restrictions for St Mario recorded on
June 17,1994 in Deed Book 767, Page 50, Forsyth County, Georgia Records; by that certain
Second Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on October 31, 1994 in Deed Book 801,
Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 21,1995, in Deed
Book 830, Page 618, aforesaid records; by that certain Fourth Amendment to the Declaration
of Covenants, Conditions and Restrictions for St Mario recorded on March 1, 1995, in Deed
Book 833, Page 30, aforesaid records; by that certain Fifth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on September 12, 1996, in Deed
Book 1019, Page 711, aforesaid records; by that certain Sixth Amendment to the Declaration
of Covenants, Conditions and Restrictions for St Mario recorded on October 29, 1996, in Deed
Book 1038, Page 423, aforesaid records; by that certain Sixth Amendment to the Declaration
of Covenants, Conditions and Restrictions for St Mario recorded on September 7, 1999, in
Deed Book 1563, Page 347, aforesaid records; by that certain Seventh Amendment to the
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on December 16,
1999, in Deed Book 1616, Page 22, aforesaid records; by that certain Eighth Amendment to
the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on December
22, 1999, in Deed Book 1618, Page 414, aforesaid records; by that certain Ninth Amendment
to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 29,
2000, in Deed Book 1710, Page 188, aforesaid records; by that certain Tenth Amendment to
the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on February
19, 2001, in Deed Book 1847, Page 147, aforesaid records; by that certain Eleventh
Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on June 18, 2001, in Deed Book 1955, Page 757, aforesaid records; by that certain
Twelfth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on August 22, 2001 in Deed Book 2018, Page 335, aforesaid records; by that certain
Thirteenth Amendment to the Declaration of Covenants, Conditions and Restrictions for St
Mario recorded on November 20, 2001 in Deed Book 2109, Page 649, aforesaid records; by
that certain Fourteenth Amendment to the Declaration of Covenants, Conditions and
Restrictions for St Mario recorded on August 26, 2002 in Deed Book 2406, Page 123,
aforesaid records; by that certain Fifteenth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St. Mario recorded on September 25, 2002 in Deed Book 2443,
Page 465, aforesaid records; and by that certain Sixteenth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St. Mario recorded on January 23, 2003 in Deed
Book 2613, Page 255, aforesaid records, said Declaration, as amended, being hereinafter
referred to as the "Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity,
L.P., a Georgia limited partnership, as Declarant, who has come to stand in the same relation
to the property subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject ail or any portion of the
Additional Property described in the Declaration to the provisions of the
Declaration by filing in the Forsyth County, Georgia Records, an amendment to the Declaration
annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section I of the Declaration,
any such amendment subjecting all or any portion of the Additional Property to the terms of the
Declaration may be filed by the Declarant without a vote of the Members (as said term is
defined in the Declaration); and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a
portion of the Additional Property more particularly described on Exhibit "A" attached hereto
and incorporated herein by this reference (hereinafter the "Exhibit "A" Property") and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as
part of the St Mario community;
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article
II, Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as
follows:
1.
The Exhibit "A" Property (POD 22) is hereby annexed to the St Mario
development and is hereby subjected to the terms and provisions of the
Declaration, including this Amendment. Said Exhibit "A" Property shall be owned,
held, transferred, sold, conveyed, used, occupied, mortgaged and otherwise
encumbered subject to all of the terms, provisions, easements, restrictions,
covenants and conditions contained in the Declaration, including the terms of this
Amendment, all of which shall run with the title to said Exhibit "A" Property and
shall be binding upon all persons now or hereafter having any right, title or
interest in said Exhibit "A" Property and their heirs, successors, successors in
title and assigns.
2.
Except as otherwise defined herein, capitalized terms, as used in this
Amendment, shall have the meanings ascribed to such terms in the Declaration.
3.
This Amendment shall be effective upon recordation in the Forsyth County,
Georgia Records. Except as herein modified or amended, the Declaration shall
remain in full force and effect.
4.
This Amendment was prepared by L. Lee Dailey of Lipscomb, Johnson, Sleister,
Dailey & Smith, LLP, 112 North Main Street, Cumming, Georgia 30040.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year
first above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
Signed, sealed and delivered
This 29 day of January , 2003
in the presence of
its Vice President
By: V.C. HOLDINGS, INC.,
a Georgia corporation, the sole
general partner
EXHIBIT "A"
POD 22
All that tract or parcel of land lying and being in Land Lots 445 and 446 of the 1st District, 1st
Section and Land Lots 1269 and 1270 of the 2nd District, 1st Section of Forsyth County,
Georgia, consisting of 15.631 acres and shown as POD 22, on that certain Final Plat for St.
Mario Country Club - POD 22, prepared by Hayes, James & Associates, certified by Grant
Hayes, Georgia Registered Land Surveyor No. 1413, dated November 22, 2002, and recorded
in Plat Book 72, Pages 256-263, Forsyth County, Georgia Records, which plat is incorporated
herein by reference.
RECORD AND RETURN TO:
L. Lee Dailey
Lipscomb, Johnson, Sleister,
Dailey & Smith, LLP
112 North Main Street
Cumming, Georgia 30040
STATE OF GEORGIA
COUNTY OF FORSYTH
SIXTEENTH AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR ST. MARLO
SUBJECTING POD 26, PHASE 1B,
TO THE DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR ST. MARLO
THIS SIXTEENTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST MARLO is made this 6th day of January, 2003,
by Shakerag Land Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as
successor to Shakerag Land Equity, Ltd., a Georgia general partnership, pursuant to a
Transfer and Assignment dated June 16,1994 and recorded on June 17,1994 in Deed Book
767, Page 49, Forsyth County, Georgia Records.
WITNESSETH:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and
Restrictions for St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth
County, Georgia records; and
WHEREAS, said Declaration has been previously amended by that certain First
Amendment to Declaration of Covenants, Conditions and Restrictions for St Mario recorded on
June 17, 1994 in Deed Book 767, Page 50, Forsyth County, Georgia Records; by that certain
Second Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on October 31, 1994 in Deed Book
801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 21,1995, in Deed
Book 830, Page 618, aforesaid records; by that certain Fourth Amendment to the Declaration
of Covenants, Conditions and Restrictions for St Mario recorded on March 1, 1995, in Deed
Book 833, Page 30, aforesaid records; by that certain Fifth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on September 12, 1996, in Deed
Book 1019, Page 711, aforesaid records; by that certain Sixth Amendment to the Declaration
of Covenants, Conditions and Restrictions for St Mario recorded on October 29, 1996, in Deed
Book 1038, Page 423, aforesaid records; by that certain Sixth Amendment to the Declaration
of Covenants, Conditions and Restrictions for St Mario recorded on September 7, 1999, in
Deed Book 1563, Page 347, aforesaid records; by that certain Seventh Amendment to the
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on December
16,1999, in Deed Book 1616, Page 22, aforesaid records; by that certain Eighth Amendment to
the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on December
22, 1999, in Deed Book 1618, Page 414, aforesaid records; by that certain Ninth Amendment
to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 29,
2000, in Deed Book 1710, Page 188, aforesaid records; by that certain Tenth Amendment to
the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on February
19, 2001, in Deed Book 1847, Page 147, aforesaid records; by that certain Eleventh
Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on June 18, 2001, in Deed Book 1955, Page 757, aforesaid records; by that certain
Twelfth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on August 22, 2001 in Deed Book 2018, Page 335, aforesaid records; by that certain
Thirteenth Amendment to the Declaration of Covenants, Conditions and Restrictions for St
Mario recorded on November 20, 2001 in Deed Book 2109, Page 649, aforesaid records; by
that certain Fourteenth Amendment to the Declaration of Covenants, Conditions and
Restrictions for St Mario recorded on August 26, 2002 in Deed Book 2406, Page 123,
aforesaid records; and by that certain Fifteenth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St. Mario recorded on September 25, 2002 in Deed Book 2443,
Page 465, aforesaid records, said Declaration, as amended, being hereinafter referred to as
the "Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity,
L.P., a Georgia limited partnership, as Declarant, who has come to stand in the same relation
to the property subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the
Additional Property described in the Declaration to the provisions of the Declaration by filing in
the Forsyth County, Georgia Records, an amendment to the Declaration annexing such
property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section I of the Declaration,
any such amendment subjecting all or any portion of the Additional Property to the terms of the
Declaration may be filed by the Declarant without a vote of the Members (as said term is
defined in the Declaration); and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a
portion of the Additional Property more particularly described on Exhibit "A" attached hereto
and incorporated herein by this reference (hereinafter the "Exhibit "A" Property") and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as
part of the St Mario community;
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article
II, Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as
follows:
1.
The Exhibit "A" Property (POD 26, Phase IB) is hereby annexed to the St Mario
development and is hereby subjected to the terms and provisions of the
Declaration, including this Amendment. Said Exhibit "A" Property shall be owned,
held, transferred, sold, conveyed, used, occupied, mortgaged and otherwise
encumbered subject to all of the terms, provisions, easements, restrictions,
covenants and conditions contained in the Declaration, including the terms of this
Amendment, all of which shall run with the title to said Exhibit "A" Property and
shall be binding upon all persons now or hereafter having any right, title or
interest in said Exhibit "A" Property and their heirs, successors, successors in
title and assigns.
2.
Except as otherwise defined herein, capitalized terms, as used in this
Amendment, shall have the meanings ascribed to such terms in the Declaration.
3.
This Amendment shall be effective upon recordation in the Forsyth County,
Georgia Records. Except as herein modified or amended, the Declaration shall
remain in full force and effect.
4.
This Amendment was prepared by L. Lee Dailey of Lipscomb, Johnson, Sleister,
Dailey & Smith, LLP, 112 North Main Street, Cumming, Georgia 30040.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year
first above written.
DECLARANT:
SHAKERAG LAND
EQUITY, L.P., a Georgia
limited partnership
EXHIBIT "A"
POD 26, PHASE 1 B
All that tract or parcel of land lying and being in Land Lot 1216 of the 2nd District, 1st Section
of Forsyth County, Georgia, consisting of 3.683 acres and shown as POD 26, Phase IB, on
that certain Final Plat for St. Mario Country Club - POD 26 PHASE IB, prepared by Hayes,
James & Associates, certified by Grant Hayes, Georgia Registered Land Surveyor No. 1413,
dated October 6, 2002, and recorded in Plat Book 72, Pages 156-158, Forsyth County,
Georgia Records, which plat is incorporated herein by reference.
ST. MARLO ASSOCIATION, INC.
INDEX OF DOCUMENTS
19.
Fifteenth Amendment to the Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded September 25, 2002 at Deed Book 2443, Page 465.
18.
Fourteenth Amendment to the Declaration of Covenants, Conditions and Restrictions for St.
Mario recorded August 26, 2002 at Deed Book 2406, Page 123, Forsyth County, Georgia
records.
17.
Thirteenth Amendment to the Declaration of Covenants, Conditions and Restrictions for St.
Mario recorded November 20, 2001 at Deed Book 2109, Page 649, Forsyth County, Georgia
records.
16.
Twelfth Amendment to the Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded August 22, 2001 at Deed Book 638, Page 70, Forsyth County, Georgia records.
15.
Eleventh Amendment to the Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded June 18, 2001 at Deed Book 1955, Pages 757 to 760, Forsyth County, Georgia records.
14.
Tenth Amendment to the Declaration of Covenants, Conditions, and Restrictions for St. Mario
recorded February 19, 2001 at Deed Book 1847, Pages 147 to 150, Forsyth County, Georgia
records.
13.
Ninth Amendment to the Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded June 29, 2000 at Deed Book 1710, Pages 188 to 191, Forsyth County, Georgia records.
12.
Eighth Amendment to the Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded December 21, 1999 at Deed Book 1618, Pages 414 to 417, Forsyth County, Georgia
records.
11.
Seventh Amendment to the Declaration of Covenants, Conditions, and Restrictions for St. Mario
recorded December 15, 1999 at Deed Book 1616, Pages 22 to 25, Forsyth County, Georgia
records.
10.
***Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded October 28, 1996 at Deed Book 1038, Pages 423 to 425, Forsyth County, Georgia
records.
9.
***Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions
for St. Mario recorded September 3, 1999 at Deed Book 1563, Pages 347 to 350, Forsyth
County, Georgia records.
8.
Fifth Amendment to the Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded September 6, 1996 at Deed Book 1014, Pages 711 to 713, Forsyth County, Georgia
records.
7.
Fourth Amendment to the Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded March 1,1995 at Deed Book 833, Pages 30 to 32, Forsyth County, Georgia records.
6.
Third Amendment to the Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded February 21, 1995 at Deed Book 830, Pages 618 to 621, Forsyth County, Georgia
records.
5.
Second Amendment to Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded October 28, 1994 at Deed Book 801, Pages 187 to 190, Forsyth County, Georgia
records.
4.
First Amendment to Declaration of Covenants, Conditions and Restrictions for St. Mario
recorded June 17, 1994 at Deed Book 767, Page 50, Forsyth County, Georgia records (missing
Exhibit A - no Exhibit A was recorded)
3.
Declaration of Covenants, Conditions, and Restrictions St. Mario recorded February 11, 1993 at
Deed Book 638, Pages 70 to 156, Forsyth County, Georgia records.
2.
By-Laws of St. Mario Association, Inc. dated February 1, 1993.
1.
Articles of Incorporation of St. Mario Association, Inc. dated January 28, 1993 and Certificate of
Incorporation for St. Mario Association, Inc. dated January 28, 1993.
RETURN AFTER RECORDING TO:
STEPHEN A. WINTER, ESQ.
WEINSTOCK & SCAVO, P.C.
3405 PIEDMONT ROAD, N.E.
SUITE 300
ATLANTA, GEORGIA 30305
STATE OF GEORGIA
COUNTY OF FORSYTH
CROSS-REFERENCE
DEED BOOK 638, PAGE 70
FIFTEENTH AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. MARLO
(SUBJECTING POD 26, PHASE 1A,
TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST. MARLO)
THIS FIFTEENTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST MARLO is made this 13th day of September, 2002, by
Shakerag Land Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to
Shakerag Land Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated
June 16, 1994 and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth County, Georgia
Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book. 801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 21, 1995, in Deed Book 830,
Page 618, aforesaid records; by that certain Fourth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on March 1, 1995, in Deed Book 833, Page 30,
aforesaid records; by that certain Fifth Amendment to the Declaration of Covenants, Conditions and
Restrictions for St Mario recorded on September 12, 1996, in Deed Book 1019, Page 711, aforesaid
records; by that certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions
for St Mario recorded on October 29, 1996, in Deed Book 1038, Page 423, aforesaid records; by that
certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on September 7, 1999, in Deed Book 1563, Page 0347, aforesaid records; by that certain
Seventh Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded
on December 16, 1999, in Deed Book 638, Page 70, aforesaid records; by that certain Eighth
Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on
December 21, 1999, in Deed Book 1618, Page 414, aforesaid records; by that certain Ninth Amendment
to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 29, 2000, in
Deed Book 1710, Page 188, aforesaid records; by that certain Tenth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 19, 2001, in Deed Book
1847, Page 147, aforesaid records; by that certain Eleventh Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on June 18, 2001, in Deed Book 1955,
Pages 757-760, aforesaid records; by that certain Twelfth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on August 22, 2001 in Deed Book 2018, Pages 335338, aforesaid records; by that certain Thirteenth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on November 20, 2001 in Deed Book 2109, Pages
649-652, aforesaid records; and by that certain Fourteenth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on August 26, 2002 in Deed Book 2406, pages 123128, said Declaration, as amended, being hereinafter referred to as the "Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit "A" Property") and
2
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as part .of
the St Mario community;
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
1.
The Exhibit "A" Property (POD 26, Phase 1A) is hereby annexed to the St Mario
development and is hereby subjected to the terms and provisions of the Declaration,
including this Amendment. Said Exhibit "A" Property shall be owned, held, transferred,
sold, conveyed, used, occupied, mortgaged and otherwise encumbered subject to all of
the terms, provisions, easements, restrictions, covenants and conditions contained in the
Declaration, including the terms of this Amendment, all of which shall run with the title
to said Exhibit "A" Property and shall be binding upon all persons now or hereafter
having any right, title or interest in said Exhibit "A" Property and their heirs, successors,
successors in title and assigns.
2.
Except as otherwise defined herein, capitalized terms, as used in this Amendment, shall
have the meanings ascribed to such terms in the Declaration.
3.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
Records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
4.
This Amendment was prepared by Stephen A. Winter, Esq. of Weinstock & Scavo, P.C.,
3405 Piedmont Road, N.E., Suite 300, Atlanta, Georgia 30328.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
EXHIBIT "A"
POD 26, PHASE 1A
All that tract or parcel of land lying and being in Land Lots 1216, 1217 and 1271 of the 2nd
District, 1st Section of Forsyth County, Georgia, consisting of 37.126 acres and shown as POD 26, Phase
1A, on that certain Final Plat for St. Mario Country Club - POD 26 PHASE 1A, prepared by Hayes,
James & Associates, by Grant Hayes, Georgia Registered Land Surveyor No. 1413, dated August 5,
2002, and recorded in Plat Book 70, Pages 264-272, Forsyth County, Georgia Records, which Plat is
incorporated herein by reference.
4
RETURN AFTER RECORDING TO:
STEPHEN A. WINTER, ESQ.
WEINSTOCK & SCAVO, P.C.
3405 PIEDMONT ROAD, N.E
SUITE 300
ATLANTA, GEORGIA 30305
STATE OF GEORGIA
COUNTY OF FORSYTH
CROSS-REFERENCE
DEED BOOK 638, PAGE 70
FOURTEENTH AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. MARLO
(SUBJECTING POD 23, PHASE 1A, AND POD 23, PHASE IB,
COLLECTIVELY A/K/A/STONE GROVE,
TO THE DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS FOR ST. MARLO)
THIS FOURTEENTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST MARLO is made this 23rd day of
August______, 2002, by Shakerag Land Equity, L.P., a Georgia limited partnership (hereinafter the
"Declarant"), as successor to Shakerag Land Equity, Ltd., a Georgia general partnership, pursuant to a
Transfer and Assignment dated June 16, 1994 and recorded on June 17, 1994 in Deed Book 767, Page
49, Forsyth County, Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 21, 1995, in Deed Book 830,
Page 618, aforesaid records; by that certain Fourth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on March 1, 1995, in Deed Book 833, Page 30,
aforesaid records; by that certain Fifth Amendment to the Declaration of Covenants, Conditions and
Restrictions for St Mario recorded on September 12, 1996, in Deed Book 1019, Page 711, aforesaid
records; by that certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions
for St Mario recorded on October 29, 1996, in Deed Book 1038, Page 423, aforesaid records; by that
certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on September 7, 1999, in Deed Book 1563, Page 0347, aforesaid records; by that certain
Seventh Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded
on December 16, 1999, in Deed Book 638, Page 70, aforesaid records; by that certain Eighth
Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on
December 21, 1999, in Deed Book 1618, Page 414, aforesaid records; by that certain Ninth Amendment
to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 29, 2000, in
Deed Book 1710, Page 188, aforesaid records; by that certain Tenth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 19, 2001, in Deed Book
1847, Page 147, aforesaid records; by that certain Eleventh Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on June 18, 2001, in Deed Book 1955,
Pages 757-760, aforesaid records; by that certain Twelfth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on August 22, 2001 in Deed Book 2018, Pages 335338, aforesaid records; and by that certain Thirteenth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on November 20, 2001 in Deed Book 2109, Pages
649-652, aforesaid records; said Declaration, as amended, being hereinafter referred to as the
"Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit "A" Property") and to provide for an owner election
respecting the maintenance of certain Lots located within the Exhibit "A" Property; and
WHEREAS, Declarant may specify such use restrictions and other covenants, conditions and
restrictions to be applicable to the Exhibit "A" Property; and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as part of
the St Mario community;
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
1.
The Exhibit "A" Property (a/k/a Stone Grove) is hereby annexed to the St Mario
development and is hereby subjected to the terms and provisions of the Declaration, including this
Amendment. Said Exhibit "A" Property shall be owned, held, transferred, sold, conveyed, used,
occupied, mortgaged and otherwise encumbered subject to all of the terms, provisions, easements,
restrictions, covenants and conditions contained in the Declaration, including the terms of this
Amendment, all of which shall run with the title to said Exhibit "A" Property and shall be binding upon
all persons now or hereafter having any right, title or interest in said Exhibit "A" Property and their
heirs, successors, successors in title and assigns.
2.
thereof:
The following section is hereby incorporated as a new Section 4 of Article V, Part B,
Section 4.
Maintenance of Stone Grove Lots by Association. Notwithstanding
anything herein to the contrary, the Owner of a Lot located within that portion of the
Community identified as Stone Grove, may elect, on an annual basis, to transfer the
responsibility for the maintenance of the landscaping of such Owner's Lot (exclusive of
the Residential Unit) to the Association, the cost of which shall be specifically assessed
against such Owner's Lot pursuant to Article VIII, Section 3.(c), hereof. In the event an
Owner elects to transfer the responsibility for the maintenance of the landscaping of such
Owner's Lot (exclusive of the Residential Unit) to the Association, the Association shall
be responsible for keeping the landscaped portions of the Lot (exclusive of the
Residential Unit) in a neat, attractive, healthful and sanitary condition, including, but not
limited to, the mowing, removing, clearing, cutting or pruning landscape covering, grass,
underbrush, weeds, stumps, or other unsightly growth and removing trash that may exist
on the respective Lot. Unless otherwise agreed to by the Association, such maintenance
shall specifically exclude the planting of grass, shrubs, trees and other bushes and
irrigation. The cost of such maintenance of the landscaping for all Lots (exclusive of the
Residential Units) located within Stone Grove where the Owners thereof have elected to
transfer the responsibility for such maintenance to the Association shall be set forth as a
line item in the Association's budget, and shall be specifically assessed against those Lots
located within Stone Grove where the Owners thereof have elected to transfer the
responsibility for such maintenance to the Association. The cost of such maintenance
may vary from year to year based upon the number of Lots being maintained by the
Association and the expense incurred by the Association for such maintenance. The cost
of such maintenance specifically assessed against an individual Lot may vary from Lot to
Lot and from year to year based upon the
expenses incurred by the Association for the maintenance of the particular Lot being
maintained. In the event an Owner elects to transfer the responsibility for the
maintenance of the landscaping of such Owner's Lot (exclusive of the Residential Unit)
to the Association, any alterations, changes or improvements to such Lot (exclusive of
the Residential Unit) desired to be made by the Owner of the respective Lot must be
approved by the Association prior to the commencement of such alterations, changes or
improvements. An Owner must submit a written request to the Association for such
landscape maintenance election of the Lot on a form approved by the Association. Such
form must be submitted at least sixty (60) days prior to the beginning of the Association's
fiscal year. An Owner may elect to withdraw the transfer of the responsibility for the
maintenance of such Owner's Lot from the Association at any time; provided, however,
such withdrawal of responsibility must coincide with the Association's fiscal year.
The Association shall not be liable for any injury or damage to any person or
property caused by the failure of the Association to maintain the landscaping of a Lot
located within Stone Grove as set forth above, unless such failure is caused by the willful
misconduct or gross negligence of the Association. The Association shall not be liable to
any Owner for any loss or damage, by theft or otherwise, of any property of such Owner
or his respective guests, invitees, licensees, successors or assigns. No diminution or
abatement of assessment shall be claimed or allowed by reason of any alleged failure of
the Association to perform the maintenance responsibilities required to be taken or
performed by the Association under this Section. Each Owner who elects to transfer the
responsibility for the maintenance of the landscaping of such Owner's Lot (exclusive of
the Residential Unit) to the Association shall indemnify and hold the Association, its
officers, directors, agents and employees harmless from and against any and all liability,
actions or proceedings, costs or expenses, including attorneys' fees, arising from the
performance or nonperformance of such maintenance.
3.
The following section is hereby incorporated as a new Section 22 of Article III thereof:
Section 22. Easement for Landscape Maintenance of Lots. Declarant
hereby grants to the Association, its officers, agents and employees, including, but not
limited to, any manager employed by the Association and any employees of such
manager, the perpetual, alienable and transferable right and easement upon, over and
across those certain Lots located within Stone Grove where the Owner thereof has elected
to transfer the responsibility for the maintenance of landscaping located on such Owner's
Lot to the Association, to enter upon any such Lot for the purposes of performing the
maintenance of the landscaping of such Lot pursuant to Article V, Part B, Section 4
hereof. This easement shall be exercised only during normal business hours, whenever
practical, and shall not require any advance notice to the respective Lot Owner.
4.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
Records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
Signed, Seated and Delivered
this 23 day of August, 2002
in the presence of:
By: V.C. HOLDINGS, INC.,
a Georgia corporation, the sole
general partner
EXHIBIT "A"
POD 23, PHASE 1A AND POD 23, PHASE IB (A/K/A STONE GROVE)
All that tract or parcel of land lying and being in Land Lots 448 and 465 of the 2nd District, 1st
Section of Forsyth County, Georgia, consisting of 3.457 acres and shown as POD 23, Phase 1A, on that
certain Final Plat for St. Mario Country Club - POD 23 PHASE 1A, prepared by Hayes, James &
Associates, by Grant Hayes, Georgia Registered Land Surveyor No. 1413, dated February 4, 2002, and
recorded in Plat Book 69, Pages 59-63, Forsyth County, Georgia Records, which Plat is incorporated
herein by reference.
All that tract or parcel of land lying and being in Land Lots 447 and 448 of the 2nd District, 1st
Section of Forsyth County, Georgia, consisting of 11.885 acres and shown as POD 23, Phase IB, on that
certain Final Plat for St. Mario Country Club - POD 23 PHASE IB, prepared by Hayes, James &
Associates, by Grant Hayes, Georgia Registered Land Surveyor No. 1413, dated April 22, 2002, and
recorded in Plat Book 70, Pages 14-17, Forsyth County, Georgia Records, which Plat is incorporated
herein by reference.
RETURN AFTER RECORDING TO:
STEPHEN A. WINTER, ESQ.
WEINSTOCK & SCAVO, P.C.
3405 PIEDMONT ROAD, N.E.
SUITE 300
ATLANTA, GEORGIA 30305
STATE OF GEORGIA
COUNTY OF FORSYTH
CROSS-REFERENCE
DEED BOOK 638, PAGE 70
THIRTEENTH AMENDMENT TO THE DECLARATION OF
COVENANTS. CONDITIONS AND RESTRICTIONS FOR ST. MARLO
(SUBJECTING POD 24 TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST. MARLO)
THIS THIRTEENTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST MARLO is made this 8th day of November , 2001 by
Shakerag Land Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to
Shakerag Land Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated
June 16, 1994 and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth County, Georgia
Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 21. 1995, in Deed Book 830,
Page 618, aforesaid records; by that certain Fourth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on March 1, 1995, in Deed Book 833, Page 30,
aforesaid records; by that certain Fifth Amendment to the Declaration of Covenants, Conditions and
Restrictions for St Mario recorded on September 12, 1996, in Deed Book 1019, Page 711, aforesaid
records; by that certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions
for St Mario recorded on October 29, 1996, in Deed Book 1038, Page 423, aforesaid records; by that
certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on September 7, 1999, in Deed Book 1563, Page 0347, aforesaid records; by that certain
Seventh Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded
on December 16, 1999, in Deed Book 638, Page 70, aforesaid records; by that certain Eighth
Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on
December 21, 1999, in Deed Book 1618, Page 414, aforesaid records; by that certain Ninth Amendment
to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 29, 2000, in
Deed Book 1710, Page 188, aforesaid records; by that certain Tenth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 19, 2001, in Deed Book
1847, Page 147, aforesaid records; by that certain Eleventh Amendment to the Declaration of
Covenants, Conditions and Restrictions for St. Mario recorded on June 18, 2001, in Deed Book 1955,
Pages 757-760, aforesaid records; and by that certain Twelfth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St. Mario recorded on August 22, 2001 in Deed Book 2018,
Pages 335-338, aforesaid records; said Declaration, as amended, being hereinafter referred to as the
"Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit "A" Property"); and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as part of
the St Mario community;
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
1.
The Exhibit "A" Property is hereby annexed to the St Mario development and is hereby
subjected to the terms and provisions of the Declaration. Said Exhibit "A" Property shall be owned,
held, transferred, sold, conveyed, used, occupied, mortgaged and otherwise encumbered subject to all of
the terms, provisions, easements, restrictions, covenants and conditions contained in the Declaration, all
of which shall run with the title to said Exhibit "A" Property and shall be binding upon all persons now
or hereafter having any right, title or interest in said Exhibit "A" Property and their heirs, successors,
successors in title and assigns.
2.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
Records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
Signed Sealed and Delivered
this 8th day of November , 2001
in the presence of:
By: V.C. HOLDINGS, INC.,
a Georgia corporation, the sole
general partner
Marisa Chakrabandhu as attorneyin-fact pursuant to Power of Attorney
recorded on January 15, 1999 in
Deed Book 1429, Pages 634-651,
Forsyth County, Georgia Records
My Commission Expires:
Notary Public, Forsyth County, Georgia
My Commission Empires Saturday 29,2003
EXHIBIT "A"
POD 24
All that tract or parcel of land lying and being in Land Lot 444 of the 1st District, 1st Section of
Forsyth County, Georgia consisting of 2.35 acres and shown as Pod 24, on that certain Final Plat for St
Mario Country Club, Pod 24, prepared by Hayes, James & Associates, by Grant Hayes, Georgia
Registered Land Surveyor No. 1413, dated June 4, 2001 and recorded in Plat Book 66, Pages 262-264,
Forsyth County, Georgia Records, which Plat is incorporated herein by this reference.
Shakerag Land Equity, L.P\Documents\13th Amendment to Declaration.doc
Ret:
Womble, Carlyle, Sandridge
2296 Henderson Mill Rd. NE
Ste.
Atl. GA 30345-2739
RETURN AFTER RECORDING TO:
STEPHEN A. WINTER. ESQ.
WEINSTOCK & SCAVO, P.C.
3405 PIEDMONT ROAD, N.E.
SUITE 300
ATLANTA, GEORGIA 30305
STATE OF GEORGIA
COUNTY OF FORSYTH
CROSS-REFERENCE
DEED BOOK 638, PAGE 70
TWELFTH AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. MARLO (SUBJECTING
POD 18, PHASE TWO AND POD 18, PHASE THREE TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. MARLO)
THIS TWELFTH AMENDMENT TO THE DECLARATION OP COVENANTS.
CONDITIONS AND RESTRICTIONS FOR ST MARLO is made this 10th day of August, 2001 by
Shakerag Land Equity. L.P., a Georgia limited partnership (hereinafter the
"Declarant"). as successor to Shakerag Land Equity, Ltd., a Georgia general partnership, pursuant to &
Transfer and Assignment dated June 16, 1994 and recorded on June 17, 1994 in Deed Book 767, Page
49, Forsyth County, Georgia Records,
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity. Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq. Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17.1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions far St Mario recorded on October 18, 1994 in
Dead Book 801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
1
Covenants. Conditions and Restrictions for St Mario recorded on February 21, 1995, in Deed Book 830,
Page 618. aforesaid records; by that certain Fourth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on March 1. 1995, in Deed Book 833. Page 30,
aforesaid records; by that certain Fifth Amendment to the Declaration of Covenants. Conditions and
Restrictions for St Mario recorded on September 12. 1996, in Dead Book 1019, Page 711, aforesaid
records; by (hat certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions
for St Mario recorded on October 29,1996, in Deed Book 1038, Page 423, aforesaid records; by that
certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on September 7, 1999. in Deed Book 1563, Page 0347, aforesaid records; by that certain
Seventh Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded
on December 16, 1999, in Deed Book 638, Page 70, aforesaid records; by that certain Eighth
Amendment to the Declaration of Covenants. Conditions and Restrictions far St Mario recorded on
December 21. 1999, in Deed Book 1618, Page 414. aforesaid records; by that certain Ninth Amendment
to the Declaration of Covenants. Conditions and Restrictions for St Mario recorded on June 29, 2000. in
Deed Book 1710, Page 188, aforesaid records; by that certain Tenth Amendment to (he Declaration of
Covenants, Conditions and Restrictions far St Mario recorded on February 19, 2001, in Deed Book
1847, Page 147, aforesaid records and by that certain Eleventh Amendment to the Declaration of
Covenants. Conditions and Restrictions for St Mario recorded on June 18, 2001. in Deed, Book 1955,
Pages 757-760, aforesaid records; said Declaration, as amended, being hereinafter referred to as the
"Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII. Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration),
and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit "A" Property"); and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as part of
the St Mario community; and
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article EL
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
2
1.
The Exhibit "A" Property is hereby annexed to the St Mario development and is hereby
subjected to the terms and provisions of the Declaration. Said Exhibit "A" property shall be owned, held,
transferred, sold, conveyed, used, occupied, mortgaged and otherwise encumbered subject to ill of the
terms, provisions, casements, restrictions, covenants and conditions contained in the Declaration, all of
which shall run with the title to said Exhibit "A" Property and shall be binding upon all persons now or
hereafter having any right, title or interest in said Exhibit "A" Property and their heirs, successors,
successors in title and assigns.
2.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
Records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.
a Georgia limited partnership
EXHIBIT "A"
POD 18. Phase Two
All that tract or parcel of land lying and being in Land Lots 470,471. 4BS and 486 of the 1st
District, 1st Section of Forsyth County. Georgia consisting of 6.16 acres and shown as Pod 18, Section
Two on that certain Final Plat for St Mario Country Club, Pod 18, Section Two. prepared by Hayes,
James & Associates, by Gram Hayes, Georgia Registered Land Surveyor No. 1413. dated May 14, 2001
and recorded in Plat Book 66, Pages 121-123, Forsyth County, Georgia Records, which Plat is
incorporated herein by this reference.
POD 18. Phase Three
All that trace or parcel of land lying and being In Land Lot 471 of the 1st District, 1st Section of
Forsyth County, Georgia consisting of 15.61 acres and shown as Pod 18, Phase Three on that certain
Final Plat for St Marlo Country Club, Pod 18, Phase Three, prepared by Hayes, James & Associates, by
Grant Hayes, Georgia Registered Land Surveyor No. 1413, dated May 18, 2001 and recorded in Plat
Book 66, Pages 124-126. Forsyth County. Georgia Records, which Plat is incorporated herein by this
reference.
4
Attention: Ruby/Stephen A. Winter
Date: 11/06/01________________________
From:
Lisa Chakrabandhu
St Mario Development Coordinator
Subject: 12 Amendment - Recorded Copies
Comments:
5 Pgs Total
This message is intended for the use of the individual or entity to which it is addressed and may contain information that
is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the
intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Thank you.
If you have trouble receiving this transmission, please call Lisa at 770-476-5939 ext.228. Thank you.
7755 St Mario Country Club Parkway Duluth, Georgia 30097
Office (770) 476-5939 Fax: (770) 476-2067
RETURN AFTER RECORDING TO:
STEPHEN A. WINTER, ESQ.
WEINSTOCK & SCAVO, P.C.
3405 PIEDMONT ROAD, N.E. DEED
SUITE 300
ATLANTA, GEORGIA 30305
STATE OF GEORGIA
COUNTY OF FORSYTH
CROSS-REFERENCE
BOOK 638, PAGE 70
ELEVENTH AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST. MARLO
(SUBJECTING POD 15 TO THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR ST. MARLO)
THIS ELEVENTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST MARLO is made this 15th day of June, 2001 by
Shakerag Land Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to
Shakerag Land Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated
June 16, 1994 and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth County, Georgia
Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
1
Covenants, Conditions and Restrictions for St Mario recorded on February 21, 1995, in Deed Book 830,
Page 618, aforesaid records; by that certain Fourth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on March 1, 1995, in Deed Book 833, Page 30,
aforesaid records; by that certain Fifth Amendment to the Declaration of Covenants, Conditions and
Restrictions for St Mario recorded on September 12, 1996, in Deed Book 1019, Page 711, aforesaid
records; by that certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions
for St Mario recorded on October 29, 1996, in Deed Book 1038, Page 423, aforesaid records; by that
certain Sixth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on September 7, 1999, in Deed Book 1563, Page 0347, aforesaid records; by that certain
Seventh Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded
on December 16, 1999, in Deed Book 638, Page 70, aforesaid records; by that certain Eighth
Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on
December 21, 1999, in Deed Book 1618, Page 414, aforesaid records; by that certain Ninth Amendment
to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 29, 2000, in
Deed Book 1710, Page 188, aforesaid records; and by that certain Tenth Amendment to the Declaration
of Covenants, Conditions and Restrictions for St Mario recorded on February 19, 2001, in Deed Book
1847, Page 147, aforesaid records; said Declaration, as amended, being hereinafter referred to as the
"Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit "A" Property"); and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as part of
the St Mario community; and
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
2
1.
The Exhibit "A" Property is hereby annexed to the St Mario development and is hereby
subjected to the terms and provisions of the Declaration. Said Exhibit "A" Property shall be owned,
held, transferred, sold, conveyed, used, occupied, mortgaged and otherwise encumbered subject to all of
the terms, provisions, easements, restrictions, covenants and conditions contained in the Declaration, all
of which shall run with the title to said Exhibit "A" Property and shall be binding upon all persons now
or hereafter having any right, title or interest in said Exhibit "A" Property and their heirs, successors,
successors in title and assigns.
2.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
Records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
Signed, Sealed and Delivered
this 15th day of June___, 2001
in the presence of:
By: V.C. HOLDINGS, INC.,
a Georgia corporation, the sole
general partner
EXHIBIT "A"
POD 15
All that tract or parcel of land lying and being in Land Lots 1217 and 1270 of the 2nd District, 1st
Section of Forsyth County, Georgia consisting of 7.71 acres and shown as Pod 15 on that certain Final
Plat for St Mario Country Club, Pod 15, prepared by Hayes, James & Associates, by Grant Hayes,
Georgia Registered Land Surveyor No. 1413, dated May 7, 2001 and recorded June 5, 2001 in Plat Book
65, Pages 256-259, Forsyth County, Georgia Records, which Plat is incorporated herein by this
reference.
4
RETURN AFTER RECORDING TO:
STEPHEN A. WINTER, ESQ.
WEINSTOCK & SCAVO, P.C.
3405 PIEDMONT ROAD, N.E.
SUITE 300
ATLANTA, GEORGIA 30305
STATE OF GEORGIA
COUNTY OF FORSYTH
CROSS-REFERENCE
DEED BOOK 638, PAGE 70
TENTH AMENDMENT TO THE DECLARATION OF
COVENANTS. CONDITIONS AND RESTRICTIONS FOR ST MARLO
THIS TENTH .AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR ST MARLO is made this 14th day of February 2001 by Shakerag Land
Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to Shakerag Land
Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated June 16, 1994
and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth County, Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 21, 1995, in Deed Book 830,
Page 618, aforesaid records; by that certain
1
Fourth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded
on March 1, 1995, in Deed Book 833, Page 30, aforesaid records; by that certain Fifth Amendment to
the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on September 12,
1996, in Deed Book 1019, Page 711, aforesaid records; by that certain Sixth Amendment to the
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 29, 1996, in
Deed Book 1038, Page 423, aforesaid records; by that certain Sixth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on September 7, 1999, in Deed Book
1563, Page 0347, aforesaid records; by that certain Seventh Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on December 16, 1999, in Deed Book
638, Page 70, aforesaid records; by that certain Eighth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on December 21, 1999, in Deed Book 1618, Page
414, aforesaid records; and by that certain Ninth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on June 29, 2000, in Deed Book 1710, Page 188,
aforesaid records; said Declaration, as amended, being hereinafter referred to as the "Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit "A" Property"); and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as part of
the St Mario community; and
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
2
1.
The Exhibit "A" Property is hereby annexed to the St Mario development and is hereby
subjected to the terms and provisions of the Declaration. Said Exhibit "A" Property shall be owned,
held, transferred, sold, conveyed, used, occupied, mortgaged and otherwise encumbered subject to all of
the terms, provisions, easements, restrictions, covenants and conditions contained in the Declaration, all
of which shall run with the title to said Exhibit "A" Property and shall be binding upon all persons now
or hereafter having any right, title or interest in said Exhibit "A" Property and their heirs, successors,
successors in title and assigns.
2.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
Records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
RETURN AFTER RECORDING TO:
STEPHEN A. WINTER, ESQ.
WEINSTOCK & SCAVO, P.C.
3405 PIEDMONT ROAD, N.E.
SUITE 300
ATLANTA, GEORGIA 30305
STATE OF GEORGIA
COUNTY OF FORSYTH
CROSS-REFERENCE
DEED BOOK 638, PAGE 70
NINTH AMENDMENT TO THE DECLARATION OF
COVENANTS. CONDITIONS AND RESTRICTIONS FOR ST MARLO
THIS NINTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR ST MARLO is made this 28th day of
June_____, 2000 by Shakerag Land Equity, L.P., a Georgia limited partnership (hereinafter
the "Declarant"), as successor to Shakerag Land Equity, Ltd., a Georgia general partnership, pursuant to
a Transfer and Assignment dated June 16, 1994 and recorded on June 17, 1994 in Deed Book 767, Page
49, Forsyth County, Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on February 21, 1995, in Deed Book 830,
Page 618, aforesaid records; by that certain
1
Fourth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded
on March 1, 1995, in Deed Book 833, Page 30, aforesaid records; by that certain Fifth Amendment to
the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on September 12,
1996, in Deed Book 1019, Page 711, aforesaid records; by that certain Sixth Amendment to the
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 29, 1996, in
Deed Book 1038, Page 423, aforesaid records; by that certain Sixth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on September?, 1999, in Deed Book
1563, Page 0347, aforesaid records; and by that certain Seventh Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on December 16, 1999, in Deed Book
638, Page 70, aforesaid records; and by that certain Eighth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on December 21, 2000, in Deed Book 1618, Page
414, aforesaid records; said Declaration, as amended, being hereinafter referred to as the "Declaration";
and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit "A" Property"); and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as part of
the St Mario community; and
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
2
1.
The Exhibit "A" Property is hereby annexed to the St Mario development and is hereby
subjected to the terms and provisions of the Declaration. Said Exhibit "A" Property shall be owned,
held, transferred, sold, conveyed, used, occupied, mortgaged and otherwise encumbered subject to all of
the terms, provisions, easements, restrictions, covenants and conditions contained in the Declaration, all
of which shall run with the title to said Exhibit "A" Property and shall be binding upon all persons now
or hereafter having any right, title or interest in said Exhibit "A" Property and their heirs, successors,
successors in title and assigns.
2.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
Records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
EXHIBIT "A"
POD 17
All that tract or parcel of land lying and being in Land Lot 1269 of the 2nd District, 1st Section of
Forsyth County, Georgia consisting of 14.963 acres and shown as Pod 17 on that certain Final Plat for St
Mario Country Club, Pod 17, prepared by Hayes, James & Associates, by Grant Hayes, Georgia
Registered Land Surveyor No. 1413, recorded June 19, 2000 in Plat Book 61, Pages 175-177, Forsyth
County, Georgia Records, which Plat is incorporated herein by this reference.
4
EXHIBIT "A"
POD 18-Phase One
All that tract or parcel of land lying and being in Land Lots 470, 471, 485 and 486 of the 2nd
District, 1st Section of Forsyth County, Georgia consisting of 21.419 acres and shown as Pod 18 - Phase
One on that certain Final Plat for St Mario Country Club, Pod 18 - Phase One, prepared by Hayes, James
& Associates, by Grant Hayes, Georgia Registered Land Surveyor No. 1413, dated December 11, 2000
and recorded February 5, 2001 in Plat Book 64, Pages 140-143, Forsyth County, Georgia Records,
which Plat is incorporated herein by this reference.
4
Forsyth County Georgia
Clerks Office Superior Court
Filed for record on the 21
day of December 1999
at 11:20 o'clock A.M. Recorded in
Book _____Page_____
day of 12-22 19 99
Douglas Sorrells Clerk, By MC
RETURN AFTER RECORDING TO:
STEPHEN A. WINTER, ESQ.
WEINSTOCK & SCAVO, P.C.
3405 PIEDMONT ROAD, N.E.
SUITE 300
ATLANTA, GEORGIA 30305
STATE OF GEORGIA
COUNTY OF FORSYTH
CROSS-REFERENCE
DEED BOOK 638, PAGE 70
EIGHTH AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST MARLO
THIS EIGHTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR ST MARLO is made this 17th day of December , 1999 by Shakerag Land
Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to Shakerag Land
Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated June 16, 1994
and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth County, Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records; by that certain
1
Third Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded
on February 21, 1995 in Deed Book 830, Page 618, aforesaid records; by that certain Fourth
Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on
March 1, 1995, in Deed Book 833, Page 30, aforesaid records; by that certain Fifth Amendment to the
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on September 12, 1996, in
Deed Book 1019, Page 711, aforesaid records; by that certain Sixth Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario recorded on October 29, 1996, in Deed Book 1038,
Page 423, aforesaid records; by that certain Sixth Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on September 7, 1999, in Deed Book 1563, Page
0347, aforesaid records; and by that certain Seventh Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on December 16 1999, in Deed Book 638 Page 70,
aforesaid records; said Declaration, as amended, being hereinafter referred to as the "Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit "A" Property"); and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as part of
the St Mario community; and
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
2
1.
The Exhibit "A" Property is hereby annexed to the St Mario development and is hereby
subjected to the terms and provisions of the Declaration. Said Exhibit "A" Property shall be owned,
held, transferred, sold, conveyed, used, occupied, mortgaged and otherwise encumbered subject to all of
the terms, provisions, easements, restrictions, covenants and conditions contained in the Declaration, all
of which shall run with the title to said Exhibit "A" Property and shall be binding upon all persons now
or hereafter having any right, title or interest in said Exhibit "A" Property and their heirs, successors,
successors in title and assigns.
2.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
Records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
EXHIBIT "A"
POD 14-PHASE 2
All that tract or parcel of land lying and being in Land Lots 470 and 471 of the 1st District, 1st
Section of Forsyth County, Georgia consisting of 20.244 acres and shown as Pod 14-Phase 2 on that
certain Final Plat for St Mario Country Club, Pod 14-Phase 2, prepared by Hayes, James & Associates,
by Grant Hayes, Georgia Registered Land Surveyor No. 1413, recorded December 9, 1999 in Plat Book
59, Pages 182-184. Forsyth County, Georgia Records, which Plat is incorporated herein by this
reference.
4
RETURN AFTER RECORDING TO:
WEINSTOCK&SCAVO.P.C.
3405 PIEDMONT ROAD, N.E.
SUITE 300
ATLANTA, GEORGIA 30305
CROSS REFERENCE
DEED BOOK 638, PAGE 70
SEVENTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST MARLO
THIS SEVENTH AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR ST MARLO is made this 6th day December, 1999 by St
Mario Association, Inc., a Georgia nonprofit corporation (hereinafter the "Association"), and Shakerag
Land Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to Shakerag
Land Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated June 16,
1994 and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth County, Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et. seq., Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia records; by that certain Second Amendment to Declaration
of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in Deed Book
801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of Covenants,
Conditions and Restrictions for St Mario recorded on February 21, 1995, in Deed Book 830, Page 618,
aforesaid records; by that certain Fourth Amendment to the Declaration of Covenants, Conditions and
Restrictions for St Mario recorded on March 1, 1995, in Deed Book 833, Page 30, aforesaid records; by
that certain Fifth Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario
recorded on September 12, 1996, in Deed Book 1019, Page 711, aforesaid records; by that certain Sixth
Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on
October 29, 1996, in Deed Book 1038, Page 423, aforesaid records; and by that certain Amendment to
the Declaration of Covenants, Conditions and Restrictions for St Mario recorded
on September 7, 1999, in Deed Book 1563, Page 0347, aforesaid records; said Declaration, as amended,
being hereinafter referred to as the "Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article XII, Section 2, Subsection (b) of the Declaration, the
Declaration may be amended by the Association by the affirmative vote or written consent of Class A
and Class C, if any, Members representing fifty-one percent (51%) or more of their voting power present
in person or by proxy at a meeting of the Association duly called, plus the consent of the Declarant; and
WHEREAS, pursuant to Article II, Section 13 of the By-Laws of the Association, any action to
be taken at any annual, regular or special meeting of members may be taken without a meeting if
approved by written ballot; and
WHEREAS, the written consent of the Class A and Class C, if any, Members representing fiftyone percent (51%) or more of the voting power of the Association has been obtained by written ballot
pursuant to Article II, Section 13 of the By-Laws; and
WHEREAS, the consent of the Declarant to this amendment to the Declaration has been
obtained;
NOW, THEREFORE, the Association and Declarant, pursuant to the authority granted in
Article XII, Section 2, Subsection (b) of the Declaration, hereby amend the Declaration as follows:
1.
The following shall be inserted as a new Section 6 in Article VIII thereof, with the
remaining Sections renumbered accordingly:
Section 6.
Capital Reserve fee. Upon each and every transfer or conveyance of a Lot upon
which a Residential Unit has been constructed, the transferee or grantee becoming the Owner of the Lot
at each such transfer or conveyance shall be obligated to pay to the Association, in addition to all other
assessments levied under this Declaration, simultaneously upon such transfer or conveyance, a nonrefundable assessment in the amount of One Thousand Five Hundred and No/100 Dollars (51,500.00)
(hereinafter the "Capital Reserve Fee"); provided, however, in the event the transferee or grantee is a
Builder/Owner, such Builder/Owner is specifically excluded from the payment of such Capital Reserve
Fee. All Capital Reserve Fees collected by the Association shall be deposited by the Association in a
capital reserve account which shall be for the purpose of funding capital costs required to repair or
replace improvements which are a part of the Common Area. The Capital Reserve Fee, together with
any late fees, interest, court costs and attorney's fees, also shall be the personal obligation of the person
who was the Owner of such Lot immediately preceding the transfer or conveyance, who shall be jointly
and severally liable for such portion thereof as may be due and payable by the transferee or grantee at
the time of the transfer or conveyance; provided, however, any First
Mortgagee who obtains title to a Lot pursuant to the remedies provided in a First Mortgage shall not be
liable for the Capital Reserve Fee.
2.
The first two (2) sentences of Article VIII, Section 7 thereof are hereby deleted in their
entirety, and the following substituted in their place:
Capital Reserve Fees shall be due and payable for any Lot from and after the recording of this
Amendment; provided, however, Capital Reserve Fees on all resales of any Lot shall not be assessed
unless such Lot was transferred or conveyed after January 1, 2000, in which case such Capital Reserve
Fee shall be due and payable in accordance with the provisions herein. Any and all other assessments
shall commence in respect to each respective Lot at the time of conveyance of the respective Lot by the
Declarant to any Owner or Builder/Owner other than the Declarant.
3.
The following shall be inserted as a new Section 23 in Article XI thereof:
Section 23. New Home Sales/Resales. Upon each and every transfer or conveyance of a Lot
upon which a Residential Unit has been constructed, a non-refundable Capital Reserve Fee is due and
payable to the Association in accordance with Article VIII, Section (5 herein. All new home and resale
sales contracts shall obligate the transferee or grantee to pay such Capital Reserve Fee to the Association
at the time of closing.
4.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the Association and the Declarant execute this Amendment on the
date and year first above written.
The undersigned officers of St Mario Association, Inc. hereby certify that the foregoing
Amendment to the Declaration was duly approved by the Members of the Association and the Declarant
pursuant to Article XII, Section 2, Subsection (b) of the Declaration.
Sworn to and subscribed before me this
6th day of December, 1999.
CROSS REFERENCE.:
DEED BOOK 638, PAGE
DEED BOOK 767, PAGE
DEED BOOK 801, PAGE
DEED BOOK 830, PAGE
DEED BOOK 833, PAGE
DEED BOOK 1019,PAGE
Please return to:
Shakerag Land Equity, L.P.
7305 St Mario Country Club Pkway
Duluth, GA 30155.
70
50
187
618
30
711
SIXTH AMENDMENT TO THE DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR ST MARLO
THIS SIXTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR ST MARLO is made this 25th day of October. 1996 by Shakerag Land
Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to Shakerag Land
Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated June 16, 1994
and recorded on June 17,1994 in Deed Book 767, Page 49, Forsyth County, Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70 , et. seq., Forsyth County, Georgia Records;
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records; by that certain Third Amendment to Declaration of
Covenants, Conditions and Restrictions for St Mario, recorded on February 21, 1995 in Deed Book 830,
Page 618, aforesaid records and by that certain Fourth Amendment to Declaration of Covenants,
Conditions and Restrictions for St Mario, recorded on March 1, 1995 in Deed Book 833, Page 30,
aforesaid records; by that certain Fifth Amendment to Declaration of Covenants, Conditions and
Restrictions for St Mario, recorded on September 6, 1996 in Deed Book 1019, Page 711, aforesaid
records; (said Declaration, as amended, being hereinafter referred to as the "Declaration");
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did;
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option, as the Declarant and as the owner thereof, to
subject all or any portion of the Additional Property described in the Declaration to the provisions of the
Declaration by filing in the Forsyth County, Georgia Records, an amendment to the Declaration
annexing such property;
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit A Property");
WHEREAS, Declarant is the owner of said Exhibit "A" Property;
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
1.
The Exhibit "A" Property is hereby subjected to the terms and provisions of the
Declaration. Said Exhibit "A" Property shall hereafter be owned, held, transferred, sold, conveyed, used,
occupied, mortgaged and otherwise encumbered subject to all of the terms, provisions, easements,
restrictions, covenants and conditions contained in the Declaration, all of which shall run with the title to
said Exhibit "A" Property and shall be binding upon all persons now or hereafter having any right, title
or interest in said Exhibit "A" Property and their heirs, successors, successors in title and assigns.
2.
Except as otherwise amended hereby, the Declaration, as previously amended, shall
remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
EXHIBIT "A"
POD FOURTEEN - PHASE ONE
All that tract or parcel of land lying and being in Land Lots 469, 470, 486 of the 1st District, 1st Section
of Forsyth County, Georgia consisting of 20.608 acres and shown as Pod Fourteen -Phase I on that
certain Final Plat for St Mario Country Club, Pod Fourteen - Phase One, prepared by Hayes, James &
Associates, by Grant Hayes, Georgia Registered Land Surveyor No. 1413, recorded October 28, 1996 in
Plat Book 48, Pages 34, 35 & 36 . Forsyth County, Georgia Records, which Plat is incorporated herein
by this reference.
RETURN AFTER RECORDING TO:
WEINSTOCK & SCAVO, P.C.
3405 PIEDMONT ROAD, N.E.
SUITE 300
ATLANTA, GEORGIA 30305
STATE OF GEORGIA
COUNTY OF FORSYTH
CROSS REFERENCE:
DEED BOOK 638, PAGE 70
SIXTH AMENDMENT TO THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR ST MARLO
THIS SIXTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR ST MARLO is made this 2nd day of September , 1999 by Shakerag Land
Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to Shakerag Land
Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated June 16, 1994
and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth County, Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70, et seq., Forsyth County, Georgia records;
and
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records; by that certain Third Amendment to the Declaration of
Covenants, Conditions and Restrictions for St Mario
1
recorded on February 21, 1995, in Deed Book 830, Page 618, aforesaid records; by that certain Fourth
Amendment to the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on
March 1, 1995, in Deed Book 833, Page 30, aforesaid records; and by that certain Fifth Amendment to
the Declaration of Covenants, Conditions and Restrictions for St Mario recorded on September 12,
1996, in Deed Book 1019, Page 711, aforesaid records; said Declaration, as amended, being hereinafter
referred to as the "Declaration"; and
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property; and
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
and
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit "A" Property"); and
WHEREAS, a portion of the Exhibit "A" Property has been developed by Declarant as part of
the St Mario community; and
WHEREAS, Lots within the Exhibit "A" Property have been conveyed with the Declaration as a
permitted exception to title and therefore subject to such Declaration, as provided for in the warranty
deeds for such Lots:
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
1.
The Exhibit "A" Property is hereby annexed to the St Mario development and is hereby
subjected to the terms and provisions of the Declaration. Said Exhibit "A" Property shall be owned,
held, transferred, sold, conveyed, used, occupied, mortgaged and otherwise encumbered subject to all of
the terms, provisions, easements, restrictions, covenants and conditions contained in the Declaration, all
of which shall run with the title to said Exhibit "A" Property and shall be binding upon all persons now
or hereafter having any right, title or interest in said Exhibit "A" Property and their heirs, successors,
successors in title and assigns.
2
2.
This Amendment shall be effective upon recordation in the Forsyth County, Georgia
Records. Except as herein modified or amended, the Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
EXHIBIT "A"
POD SIXTEEN
All that tract or parcel of land lying and being in Land Lots 1269 and 1270 of the 2nd District, 1st
Section of Forsyth County, Georgia consisting of 12.85 acres and shown as Pod Sixteen on that certain
Final Plat for St Mario Country Club, Pod 16, prepared by Hayes, James & Associates, by Grant Hayes,
Georgia Registered Land Surveyor No. 1413, recorded June 14, 1999 in Plat Book 57, Pages 79-82,
Forsyth County, Georgia Records, which Plat is incorporated herein by this reference.
POD TWENTY AND TWENTY-ONE
All that tract or parcel of land lying and being in Land Lots 446 and 467 of the 1st District, 1st
Section of Forsyth County, Georgia and in Land Lots 1270 and 1271 of the 2nd District, 1st Section of
Forsyth County, Georgia consisting of 22.99 acres and shown as Pods Twenty and Twenty-One on that
certain Final Plat for St Mario Country Club, Pod 20 and 21, prepared by Hayes, James & Associates, by
Grant Hayes, Georgia Registered Land Surveyor No. 1413, recorded August 27, 1999 in Plat Book 58,
Pages 59-63, Forsyth County, Georgia Records, which Plat is incorporated herein by this reference.
4
Shakerag Land Equity, L.P.
7305 St Mario Country Club Pkway
Duluth, GA 30155.
DEED
DEED
DEED
DEED
BOOK
BOOK
BOOK
BOOK
767,
801,
830,
833,
PAGE
PAGE
PAGE
PAGE
FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR ST MARLO
THIS FIFTH AMENDMENT TO THE DECLARATION OF COVENANTS. CONDITIONS
AND RESTRICTIONS FOR ST MARLO is made this 4th day of September. 1996 by Shakerag Land
Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to Shakerag Land
Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated June 16, 1994
and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth County, Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario on February 11, 1993 in Deed Book 638, Page 70 , et. seq., Forsyth County, Georgia Records;
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17,1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18,1994 in
Deed Book 801, Page 187, aforesaid records; by that certain Third Amendment to Declaration of
Covenants, Conditions and Restrictions for St Mario, recorded on February 21, 1995 in Deed Book 830,
Page 618, aforesaid records and by that certain Fourth Amendment to Declaration of Covenants,
Conditions and Restrictions for St Mario, recorded on March 1,1995 in Deed Book 833, Page 30,
aforesaid records, (said Declaration, as amended, being hereinafter referred to as the "Declaration");
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did;
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option, as the Declarant and as 'the owner thereof, to
subject all or any portion of the Additional Property described in the Declaration to the provisions of the
Declaration by filing in the Forsyth County, Georgia Records, an amendment to the Declaration
annexing such property;
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the
50
187
618
30
terms of the Declaration may be filed by the Declarant without a vote of the Members (as said term is
defined in the Declaration);
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit A Property");
WHEREAS, Declarant is the owner of said Exhibit "A" Property;
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
1.
The Exhibit "A" Property is hereby subjected to the terms and provisions of the
Declaration. Said Exhibit "A" Property shall hereafter be owned, held, transferred, sold, conveyed, used,
occupied, mortgaged and otherwise encumbered subject to all of the terms, provisions, easements,
restrictions, covenants and conditions contained in the Declaration, all of which shall run with the title to
said Exhibit "A" Property and shall be binding upon all persons now or hereafter having any right, title
or interest in said Exhibit "A" Property and their heirs, successors, successors in title and assigns.
2.
Except as otherwise amended hereby, the Declaration, as previously amended, shall
remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
By:
V.C HOLDINGS, INC.,
a Georgia corporation, the sole general partner
EXHIBIT "A"
POD NINETEEN
All that tract or parcel of land lying and being in Land Lots 466,467 & 469 of the 1st District, 1st
Section of Forsyth County, Georgia consisting of 10.8367 acres and shown as Pod Nineteen on that
certain Final Plat for St Mario Country Club, Pod Nineteen, prepared by Hayes, James & Associates, by
Grant Hayes, Georgia Registered Land Surveyor No. 1413, recorded August 29, 1996 in Plat Book 47,
Pages 155,156 & 157, Forsyth County, Georgia Records, which Plat is incorporated herein by this
reference.
CROSS REFERENCE:
DEED BOOK 638 PAGE 70
DEED BOOK 767 PAGE 50
DEED BOOK 801 PAGE 187
DEED BOOK 830,PAGE 618
FOURTH AMENDMENT TO THE DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR 5T MARLO
THIS FOURTH AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR ST. MARLO is made this 21st day of February , 1995 by Shakerag Land
Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to Shakerag Land
Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated June 16, 1994
and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth Count), Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership") recorded that certain Declaration of Covenants, Conditions and restrictions for St
Mario on February 11, 1993 in Deed Book 638, Page 70 ,et. seq., Forsyth County, Georgia Records;
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records and by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records and by that certain Third Amendment to Declaration of
Covenants, Conditions and Restrictions for St Mario, recorded on 2-21-95______in Deed Book 830
Page 618 aforesaid records, said Declaration, as amended, being hereinafter referred to as the
"Declaration;"
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did;
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option, as the Declarant and as the owner thereof, to
subject all or any portion of the Additional Property described in the Declaration to the provisions of the
Declaration by filing in the Forsyth County, Georgia Records, an amendment to the Declaration
annexing such property;
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
1
WHEREAS, Declarant wishes to amend the Declaration to submit to the terms thereof a portion
of the Additional Property more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (hereinafter the "Exhibit A Property");
WHEREAS, Declarant is the owner of said Exhibit "A" Property;
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
1.
The Exhibit "A" Property is hereby subjected to the terms and provisions of the
Declaration. Said Exhibit "A" Property shall hereafter be owned, held, transferred, sold, conveyed, used,
occupied, mortgaged and otherwise encumbered subject to all of the terms, provisions, easements,
restrictions, covenants and conditions contained in the Declaration, all of which shall am with the title to
said Exhibit "A" Property and shall be binding upon all persons now or hereafter having any right, title
or interest in said Exhibit "A" Property and their heirs, successors, successors in title and assigns.
2.
Except as otherwise amended hereby, the Declaration, as previously amended, shall
remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
By:
V.C. HOLDINGS, INC.,
a Georgia corporation, the sole general partner
Tengku Zainal Abidin Mohamed as attorneyin-fact pursuant to Power of Attorney recorded on
June 17, 1994 in Deed Book 767, Pages 51-67,
Forsyth County, Georgia Records.
My Commission Expires:
2
EXHIBIT "A"
POD 10 - PHASE ONE
All that tract or parcel of land lying and being in Land Lots 463 & 470 of the 1st District, 1st Section of
Forsyth County, Georgia consisting of 14.9 acres and shown as Pod 10 - Phase One on that certain Final
Plat for St Mario Country Club, Pod 10 - Phase One, prepared by Hayes, James & Associates, by
Donald C Sherrill, Georgia Registered Land Surveyor No. 2358, recorded December 19, 1994 in Plat
Book 41, Pages 255 & 256, Forsyth County, Georgia Records, which Plat is incorporated herein by this
reference.
POD 10 - PHASE TWO
All that tract or parcel of land lying and being in Land Lots 465, 469 & 470 of the 1st District, 1st
Section of Forsyth County, Georgia consisting of 16.52 acres and shown as Pod 10 - Phase Two on that
certain Final Plat for St Mario Country Club, Pod 10 - Phase Two, prepared by Hayes, James &
Associates, by Donald C. Sherrill, Georgia Registered Land Surveyor No. 2358, recorded February 9,
1995 in Plat Book 42, Pages 107 & 108, Forsyth County, Georgia Records, which Plat is incorporated
herein by this reference.
POD 12
All that tract or parcel of land lying and being in Land Lot 467 of the First District, 1st Section and Land
Lots 1270 & 1271 of the 2nd District, 1st Section of Forsyth County, Georgia consisting of 21.61 acres
and shown as Pod 12 on that certain Final Plat for St Mario Country Club, Pod 12 prepared by Hayes,
James & Associates, by Donald C. Sherrill, Georgia Registered Land Surveyor No. 2358, recorded
February 2, 1995 in Plat Book 42, Pages 90, 91 & 92, Forsyth County, Georgia Records, which Plat is
incorporated herein by this reference.
RETURN AFTER RECORDING TO:
WEINSTOCK & SCAVO, P.C.
Lipscomb, Johnson, Ashway & Sleister
3405 PIEDMONT ROAD, N.E.
112 North Main Street
SUITE 300
Cumming, GA 30130
ATLANTA, GEORGIA 30305
CROSS REFERENCE:
DEED BOOK 638, PAGE 70
DEED BOOK 767, PAGE 50
DEED BOOK 801, PAGE 187
THIRD AMENDMENT TO THE DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR ST MARLO
THIS THIRD AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR ST. MARLO is made this 15th day of February,1995 by Shakerag Land
Equity, L.P., a Georgia limited partnership (hereinafter the "Declarant"), as successor to Shakerag Land
Equity, Ltd., a Georgia general partnership, pursuant to a Transfer and Assignment dated June 16, 1994
and recorded on June 17, 1994 in Deed Book 767, Page 49, Forsyth County, Georgia Records.
W I T N E S S E T H:
WHEREAS, Shakerag land Equity, Ltd., a Georgia general partnership (hereinafter the “General
Partnership”) recorded that certain Declaration of Covenants, Conditions and Restrictions for St Mario
on February 11, 1993 in Deed Book 638, Page 70, et. seq., Forsyth County, Georgia Records;
WHEREAS, said Declaration has been previously amended by that certain First Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on June 17, 1994 in Deed
Book 767, Page 50, Forsyth County, Georgia Records; and by that certain Second Amendment to
Declaration of Covenants, Conditions and Restrictions for St Mario recorded on October 18, 1994 in
Deed Book 801, Page 187, aforesaid records; said Declaration, as amended, being hereinafter referred to
as the "Declaration;"
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did;
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration,
Declarant has the unilateral right, privilege and option to subject all or any portion of the Additional
Property described in the Declaration to the provisions of the Declaration by filing in the Forsyth
County, Georgia Records, an amendment to the Declaration annexing such property;
WHEREAS, pursuant to Article II, Section 2 and Article VII, Section 1 of the Declaration, any
such amendment subjecting all or any portion of the Additional Property to the terms of the Declaration
may be filed by the Declarant without a vote of the Members (as said term is defined in the Declaration);
WHEREAS, a portion of the Additional Property more particularly described on Exhibit "A"
attached hereto and incorporated herein by this reference (hereinafter "the Exhibit "A" Property") has
been developed by Declarant as part of the St Mario community;
Property to the terms there
NOW, THEREFORE, Declarant, pursuant to the authority granted to Declarant in Article II,
Section 2 and Article VII, Section 1 of the Declaration, hereby amends the Declaration as follows:
1.
The Exhibit "A" Property is hereby annexed to the St Mario development and to the
terms and provisions of the Declaration. Said Exhibit "A" Property shall be owned, held, transferred,
sold, conveyed, used, occupied, mortgaged and otherwise encumbered subject to all of the terms,
provisions, easements, restrictions, covenants and conditions contained in the Declaration, all of which
shall run with the title to said Exhibit "A" Property and shall be binding upon all persons now or
hereafter having any right, title or interest in said Exhibit "A" Property and their heirs, successors,
successors in title and assigns.
2.
Except as otherwise amended hereby, the Declaration, as previously amended, shall
remain in full force and effect.
IN WITNESS WHEREOF, the Declarant executes this Amendment on the date and year first
above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.,
a Georgia limited partnership
By:
V.C. HOLDINGS, INC.,
a Georgia corporation, the sole general partner
Tengku Zainal Abidin Mohamed as attorneyin-fact pursuant to Power of Attorney
recorded on June 17,1994 in Deed Book 767,
Pages 51-67, Forsyth County, Georgia
Records
EXHIBIT "A"
PARCEL 1
All that tract or parcel of land lying and being in Land Lot 425 of the First District, First Section of
Forsyth County, Georgia consisting of 10.000 acres as shown and described on that certain Survey for
Shakerag Land Equity, Ltd. and Bangkok Bank Limited, prepared by Donald C. Sherrill, Georgia
Registered Land Surveyor No. 2358, recorded in Plat Book 39, Page 170, Forsyth County, Georgia
records, which plat is incorporated herein by this reference.
POD FIVE
All that tract or parcel of land lying and being in Land Lots 447, 466 and 467 of the First District, First
Section of Forsyth County, Georgia consisting of 13.02 acres and shown as Pod Five on that certain
Final Plat for St Mario Country Club, Pod Five, prepared by Hayes, James & Associates, by W. Grant
Hayes, Georgia Registered Land Surveyor No. 1413, recorded September 21, 1993 in Plat Book 38,
Pages 72 and 73, Forsyth County, Georgia records; re-recorded October 19, 1993 in Plat Book 38, Page
165 and 166, aforesaid records; re-recorded' October 28, 1993 in Plat Book 38, Pages 204 and 205,
aforesaid records; re-recorded November 22, 1993 in Plat Book 38, Pages 272 and 273, aforesaid
records; re-recorded December 5, 1994 in Plat Book 41, Pages 196 and 197, aforesaid records; and rerecorded February 2, 1995 in Plat Book 42, Pages 98 and 99, aforesaid records; which Plat is
incorporated herein by this reference.
POD SIX
All that tract or parcel of land lying and being in Land Lots 447, 448, 465 and 466 of the First District,
First Section of Forsyth County, Georgia, consisting of 14.12 acres and shown as Pod Six on that certain
Final Plat for St Mario Country Club, Pod Six, prepared by Hayes, James & Associates, by W. Grant
Hayes, Georgia Registered Land Surveyor No. 1413, recorded September 21, 1993 in Plat Book 38,
Pages 75 and 76, Forsyth County, Georgia records; re-recorded October 28, 1993 in Plat Book 38, Pages
207 and 208, aforesaid records; re-recorded December 5, 1994 in Plat Book 41, Pages 199 and 200,
aforesaid records; and re-recorded February 2, 1995 in Plat Book 42, Pages 95 and 96, aforesaid records;
which Plat is incorporated herein by this reference.
POD SEVEN
All that tract or parcel of land lying and being in Land Lots 447 and 448 in the First District, First
Section of Forsyth County, Georgia, consisting of 5.89 acres and shown as Pod Seven on that certain
Final Plat for St Mario Country Club, Pod Seven, prepared by Hayes, James & Associates, by W. Grant
Hayes, Georgia Registered Land Surveyor No. 1413, recorded September 21, 1993 in Plat Book 38,
Pages 78 and 79, Forsyth
County, Georgia records; re-recorded October 28, 1993 in Plat Book 38, Pages 210 and 211, aforesaid
records; re-recorded November 10, 1993 in Plat Book 38, Pages 246 and 247 in aforesaid records; rerecorded November 22, 1993 in Plat Book 38, Pages 275 and 216, aforesaid records; and re-recorded
December 8, 1994, in Plat Book 41, Pages 218 and 219, aforesaid records; which Plat is incorporated
herein by this reference.
POD EIGHT
All that tract or parcel of land lying and being in Land Lots 465 and 466 of the First District, First
Section of Forsyth County, Georgia, consisting of 16.25 acres and shown as Pod Eight on that certain
Final Plat for St Mario Country Club, Pod Eight, prepared by Hayes, James & Associates, by W. Grant
Hayes, Georgia Registered Land Surveyor No. 1413, recorded September 21, 1993 in Plat Book 38,
Pages 81 and 82, Forsyth County, Georgia records; re-recorded October 28, 1993 in Plat Book 38, Pages
213 and 214, aforesaid records; and re-recorded February 28, 1994, in Plat Book 39, Pages 223 and 224,
aforesaid records; which Plat is incorporated herein by this reference.
POD NINE
All that tract or parcel of land lying and being in Land Lot 467 of the First District, First Section of
Forsyth County, Georgia, consisting of 6.48 acres and shown as Pod Nine on that certain Final Plat for
St Mario Country Club, Pod Nine, prepared by Hayes, James & Associates, by W. Grant Hayes, Georgia
Registered Land Surveyor No. 1413, recorded September 21, 1993 in Plat Book 38, Pages 84 and 85,
Forsyth County, Georgia records; and re-recorded October 28, 1993 in Plat Book 38, Pages 216 and 217,
aforesaid records; which Plat is incorporated herein by this reference.
POD ELEVEN
All that tract or parcel of land lying and being in Land Lots 425, 426, 443 and 444 of the First District,
First Section of Forsyth County, Georgia, consisting of 24.14 acres and shown as Pod Eleven on that
certain Final Plat for St Mario Country Club, Pod Eleven, prepared by Hayes, James & Associates, by
Donald C. Sherrill, Georgia Registered Land Surveyor No. 2358, recorded June 13, 1994 in Plat Book
40, Pages 142 and 143, Forsyth County, Georgia records; and re-recorded November 23, 1994 in Plat
Book 41, Pages 163 and 164, aforesaid records; which Plat is incorporated herein by this reference.
STATE OF GEORGIA
COUNTY OF FORSYTH
REFERENCE:
DEED BOOK 638, PAGE 70
SECOND AMENDMENT TO THE DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS FOR
ST MARLO
This Second Amendment to the Declaration of Covenants, Conditions, and Restrictions for St
Mario is made this 24th day of October, 1994, by the affirmative vote of the Class A and Class C
Members and with the consent of the Class B Member, Shakerag Land Equity, L.P., a Georgia limited
partnership (hereinafter the "Declarant") as successor to Shakerag Land Equity, Ltd., a Georgia general
partnership, pursuant to a Transfer and Assignment dated June 16, 1994 and recorded on June 17, 1994,
in Deed Book 767, Page 49, Forsyth County, Georgia Records.
WITNESSETH
WHEREAS, Shakerag Land Equity, Ltd., a Georgia general partnership (hereinafter the
"General Partnership"), recorded that certain Declaration of Covenants, Conditions and Restrictions for
St Mario (hereinafter the "Declaration") on February 11, 1993 in Deed Book 638, Page 70 et seq.,
Forsyth County, Georgia Records, thereby submitting certain real property described in Exhibit "A"
attached thereto to the Declaration;
WHEREAS, such original Declaration has been amended previously by an amendment recorded
in the Forsyth County, Georgia Records, on June 17, 1994, in Deed Book 767, Page 50, et seq.:
WHEREAS, the General Partnership has been succeeded by Shakerag Land Equity, L.P., a
Georgia limited partnership, as Declarant, who has come to stand in the same relation to the property
subject to the terms of the Declaration as its predecessor did;
WHEREAS, St Mario Association, Inc. (hereinafter the "Association") is the Association
referred to in the Declaration consisting of Class A Members, Class B Members and Class C Members,
as said classes of membership are used and defined in the Declaration;
WHEREAS, Shakerag Land Equity, L.P., as Declarant, is the sole Class B Member of the
Association;
WHEREAS, there are presently no Class C Members of the Association;
WHEREAS, Article XII, Section 2(b) of the Declaration provides that the Declaration may be
amended by the Association by the affirmative vote (in person or by proxy) or written consent of Class
A and Class C, if any, Members representing fifty-one (51%) percent or more of their voting power
present in person or by proxy at a meeting of the Association duly called for such purpose, plus the
consent of the Class B Member, if the Class B Membership then exists;
WHEREAS, Article XII, Section 2(c) provides that no amendment may modify or amend
Article IX of the Declaration or any part thereof without the consent of the Declarant until the Design
Review Board is appointed by the Board;
WHEREAS, the following Second Amendment to the Declaration has been approved by the
affirmative vote of Class A Members representing fifty-one. (51%) percent or more of their voting
power present in person or by proxy at a meeting of the Association duly called for such purpose;
WHEREAS, the Declarant, in its capacity as the sole Class B Member, has consented to the
adoption of the following Second Amendment; and
WHEREAS, no amendment by the Association shall be effective unless there is filed for record
in the Office of the Clerk of the Superior Court of Forsyth County, on or before the effective date
thereof, an instrument executed by the President and Secretary of the Association which shall state the
terms of such amendment and which shall contain a certification by the Secretary that such amendment
was duly approved by the Members of the Association as aforesaid and by the Class B Member;
NOW, THEREFORE, the Declarant of Covenants, Conditions, and Restrictions for St Mario is
hereby amended as follows:
1.
Article I, Section 13 of the Declaration is hereby amended by adding to the terms thereof
the following sentence:
Shakerag Land Equity, L.P., a Georgia limited partnership, with V.C. Holdings, Inc., a Georgia
corporation, as the sole general partner, has succeeded to all rights and privileges of Declarant
pursuant to a Transfer and Assignment dated June 16, 1994 and recorded in the Forsyth County,
Georgia Records, on June 17,1994, in Deed Book 767, Page 49, and (i) has come to. stand in the
same relation to the Community as its predecessor did, (ii) comes within this definition of
Declarant and, (iii) is the Declarant pursuant to the terms hereof.
2
2.
Article VIII, Section 4 of the Declaration is hereby amended by striking said provision in
its entirety and substituting therefor the following:
Section 4.
Computation of General and Parcel Assessments. It shall be the duty of the Board
at least forty-five (45) days prior to the commencement of a fiscal year to prepare a budget
covering the estimated costs of operating of the Association and the Properties during the coming
year. The budget shall separately list General and Parcel Assessments, if any. The Board shall
cause a copy of the budget and the assessments to be levied therefrom to be (i) available to all
Members at a central location on the Properties or (ii) to be mailed to each Member, at least
thirty (30) days prior to the date at which such budget will become effective. The budget and
assessment established therefrom shall become and be effective upon adoption by a majority of
those members of the Board of Directors present at a meeting, a quorum first being had.
Notwithstanding the foregoing, in the event that the Board fails for any reason so to determine
the budget for the succeeding year, then and until such time as a budget shall have been
determined, as provided herein or by the procedure herein described repeated as need be, the
budget and assessments in effect for the current year shall continue for the succeeding year.
3.
Article IX, Section 8(c)(i) of the Declaration is hereby amended by striking said
provision in its entirety and substituting therefor the following:
(i)
A Residential Unit or other structure or improvement on any Lot shall not have
any exposed concrete block surfaces, unless approved in writing by the Design
Review Board. The exterior surface of a Residential Unit or any other structure or
improvement shall be stone, stucco, cedar shingle, brick, or Exterior Insulation
Foam System (E.I.F.S.)(a generic name for "Dryvit", etc.) which must first be
approved by the Design Review Board.
4.
This Amendment shall be effective upon recordation in the real estate records of Forsyth
County, Georgia.
5.
Except as herein modified and amended, the Declaration, as previously amended, shall
remain in full force and effect.
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
3
IN WITNESS WHEREOF, the undersigned President and Secretary of the Association do
hereby certify that the foregoing Second Amendment was duly approved by the required percentage of
the Class A Members of the Association and with the consent of the Class B Member.
Signed, Sealed and Delivered
this 24 day of October,
1994, in the presence of:
ST MARLO ASSOCIATION, INC., a
Georgia non profit corporation
FIRST AMENDMENT TO DECLARATION
OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR
ST. MARLO
This FIRST AMENDMENT to DECLARATION of COVENANTS,
CONDITIONS, and RESTRICTIONS for ST. MARLO (hereinafter referred to
as "Declaration") is made this 16th day of June, 1994, by Shakerag
Land Equity, L.P., a Georgia limited partnership (hereinafter
referred to as "Declarant")
WHEREAS, the Declarant has previously executed a
Declaration of Covenants, Conditions, and Restrictions for St. Mario,
the same being recorded in Deed Book 638, pages 70-156, Clerk's
Office, Forsyth County Superior Court, Forsyth County, Georgia, dated
February 10, 1993, as transferred and assigned to Shakerag Land
Equity, L.P., dated June 16, 1994 , recorded in Deed Book 767 , page
49 , Clerk's Office, Forsyth County, Superior Court, Forsyth County,
Georgia; and
WHEREAS, Declarant is the owner of the real property
described in Exhibit "A" attached hereto and made a part hereof and
desires to add that certain real property described in Exhibit "A" in
accordance with ARTICLE II, Section 2 and ARTICLE VII, Section 1 of
the Declaration;
NOW, THEREFORE, Declarant hereby declares that the property
described in Exhibit "A" shall be added to the Declaration and that
the original Declaration dated February 10, 1993, shall remain in
full force and effect in all respects.
IN WITNESS WHEREOF, Declarant has caused this First
Amendment to Declaration to be duly executed under seal as of the
day, month, and year first above written.
DECLARANT:
SHAKERAG LAND EQUITY, L.P.
(CORPORATE SEAL)