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DECLARATION OF COVENANTS AND RESTRICTIONS FOR <br /> CRABAPPLE WOODS, PHASE I <br /> <br />THIS DECLARATION is made as of the 29th day of Septemb0r ,19 97 by <br />PEACHTREE CITY HOLDINGS, L.L.C., a Georgia Limited Liability Company (hereinafter called <br />"Declarant"). <br /> <br /> WHEREAS, Declarant owns certain lots and blocks of lots (hereinafter collectively referred <br />to in the singular as a "Lot" and in the plural as "Lots") and surrounding properties located in Land <br />Lots 154 & 155 of the 7th District of Fayette County, Georgia which property is more particularly <br />shown on that certain plat of survey of Crabapple Woods, Phase I Subdivision, recorded <br />in Plat Book 29 at Pages 166 and 167 , Fayette County, Georgia records (hereinafter <br />referred to as the "Property"); and <br /> <br /> WHEREAS, Declarant desires to establish certain covenants and restrictions pertaining to the <br />ownership, development, use and enjoyment of the Property. <br /> <br /> NOW THEREFORE, for and during the term hereof, as hereinafter stated, be it hereby <br />declared that the Property is subjected to the covenants, conditions and restrictions as follows: <br /> <br /> 1. RESIDENTIAL PURPOSE. Without specific written approval from Declarant no <br />portion of the Property shall be used except for residential purposes; provided, however, that a <br />commercial builder may use a residential dwelling constructed by it on a Lot for a sales office so long <br />as it is actively offering for sale houses that it constructed on the Property. <br /> <br /> 2. ARCHITECTURAL GUIDELINES. ANY STRUCTURE OR IMPROVEMENT <br />CONSTRUCTED ON ANY LOT, WHETHER TEMPORARY OR PERMANENT IN NATURE, <br />SHALL BE DESIGNED AND BUILT IN ACCORDANCE WITH THE ARCHITECTURAL <br />GUIDELINES ADOPTED BY THE ARCHITECTURAL REVIEW BOARD. <br /> <br /> 3. ARCHITECTURAL STANDARDS. No exterior construction, alteration, addition, <br />or erection of any improvements of any nature whatsoever, including, without limitations, a change <br />in the color of any improvement, shall be commenced or placed upon any Lot, except such as is <br />installed by the Declarant, or as is approved in accordance with this Section, or as is otherwise <br />expressly permitted herein. No exterior construction, addition, erection, or alteration shall be made <br />unless and until such plans and specifications showing at least the nature, kind, shape, height, <br />materials, and location shall have been submitted in writing to and approved by an Architectural <br />Review Board established by the Declarant. The Declarant may employ for the Architectural Review <br />Board architects, engineers, or other persons necessary to enable the Architectural Review Board to <br />perform its review. The Architectural Review Board may, bom time to time, delegate any of its rights <br />or responsibilities hereunder to one or more duly licensed architects or other qualified person, which <br />shall have full authority to act on behalf of the Architectural Review Board for all matters delegated. <br />The Architectural Review Board shall adopt the design and development guidelines and the <br />application and review procedures set forth in the Architectural Guidelines. Copies of the guidelines <br />shall be available from the Architectural Review Board for review. The Architectural Review Board <br />shall have sole and full authority to prepare and to amend the Architectural Guidelines. It shall make <br />the Architectural Guidelines available to owners, builders, and developers who seek to engage in <br />development of or construction upon all or any portion of the Property and such owners, builders and <br />developers shall conduct their operations strictly in accordance therewith. <br /> <br /> The Declarant shall have the right to appoint all members of the Architectural Review Board. <br />There shall be no surrender of this right except in a written instrument in recordable form executed <br />by Declarant and recorded in the Land Records of the Clerk of the Superior Court of Fayette County, <br />Georgia. Upon the surrender of such right, each year the resident owners of all the Lots comprising <br />the Property shall by majority vote appoint for a one year term three (3) resident owners to serve as <br />the members of the Architectural Review Board. The Declarant hereby appoints Peachtree City <br /> <br /> <br />