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Fairfield DECLARATION OF COVENANTS AND RESTR~.~ ~:~'~',i!!':"{ .~.,\. (for Fairfield Subdivision) '93 23 tlP1 8 O1 THIS DEC~TION is made as of the ~ day. o.f': 19~ by ~LLIG~-SHE~ELL PROPERTIES, INC. "Declarant" ) . WITNESSETH: WHEREAS, Declarant owns certain lots and blocks of lots (hereinafter collectively referred to in the singular as a "Lot" and in the plural as "Lots") and surrounding property located in Land Lot(s) 131, 157 and 158 of the 7th District of Fayette County, Georgia which property is more particularly shown on that certain plat of survey of Fairfield Subdivision, recorded in Plat Book ~ at Pages/~,/~./~.~ZFayette County, Georgia Records (hereinafter refer~ed t6 a~ the "Property"); and WHEREAS, Declarant desires to establish certain covenants and restrictions pertaining to the ownership, development, use and enjoyment of the Property. NOW, THEREFORE, for and during the term hereof, as hereinafter stated, be it hereby declared that the Property is subjected to the covenants, conditions and restrictions as follows: 1. Residential Purpose. No portion of the Property shall be used except for residential purposes and related amenities; provided, however, that a commercial builder may use a residential dwelling constructed by it on a Lot for a sales office so long as it is actively offering for sale houses that ~t constructed on the Property. 2. ANY STRUCTURE OR IMPROVEMENT CONSTRUCTED ON ANY LOT, 9~ETHER TEMPORARY OR PERMA~NENT IN NATURE, SHALL BE DESIGNED AND BUILT IN ACCORDANCE WITH THE ARCHITECTURAL GUIDELINES ADOPTED BY THE ARCHiTECTD--~AL REVI~ BOARD (As that term is hereinafter defined). 3. Architectural standards. (a) No exterior construction, alternation, addition, or erection of any improvements of any nature whatsoever, including, without limitation, a change in the color of any improvement, shall be commenced or placed upon any Lot, except such as is installed by the Declarant, or.las is approved in accordance with this Section, or as is otherwise expressly permitted herein. No exterior construction, addition, erection, or alteration shall be made unless and until such plans and specifications showing at least the nature, kind, shape, height, materials, and location shall have been submitted in writing to and approved by an Architectural ,,5 .'Review 'Board architects,.-'ehgineers;?''~.:'other. persons necessary to enable .the' .Architectural.'.~aview. Boa'r~ ,.~;~o .~ perfo~-m its' review. The :'.'~chit~tural Review~Bo~'~,.~'~rOm ~lme":.;to time, delegate any of ~%~its'..':.rlghts..or'resp0nszbiii~le~?~:ha~unger~'~.:%o ,'one or more duly. ;'licegsed~a.r,~hitects '.9~"~0t~e~,.'~Ualif~ed:~:per~ons;' which shall have . full'~ authgrity to. act..:.bn';' behalf~.of ~r~the?Archlte~tural Review Board. ~. for ~' all matters .d~legate'd~.:': '~;The;.~,~chi~e~tural' Review Board shall ; adopt design and development ~id~lines"~ (herein', -the "Architectural 'Guidelines") and the.a~plication ~nd 'review procedures set forth in "the'-~chitectural .Guidelin~s.~;~ C6pies..of the.guidelines shall be ' ' . - . -available -from .,the''~ Archit~ct~'ra'i,....Review ,-B6ard for review. The ' ' '?~Architectur'al Review Bo~rd'~sh'~ll~.~,have '~'sole':;and full authority to '"'%'..'.;.<~preDare~and,to amend the?~6hitec~'~'l~'G~ideiines and it shall make ;'.the .'-Architectural .:~uide~ine~-.~::'av~'ilable'~;tO~..o~ers, builders- and ' '"' ':~ ~. 'd~9,%.0pe~;'_.~o3~9.9k' ~o :' ~'g'a~'~ ;.~i~:~.~e've'~pm~'nt .. of or. construction ".~,upon 'all; or' any Portib~'t'~f "'~h~ '~P~0'~t~%"and"sQ'ch 'owners, builder~ ...... -.and, developers .shall :.'.~conduct ~_'their~. ~operations strictly in ' ','~'",?acc°rdance therewith;:': '~:."~ .'~-..;': '% -- . , L "~..?, ' · .... ?' (b) he Declarant~.shall ,have"the right to appolnt all members o~ 'the Archite'Ct~ai';'~ Revle~'-..BOa~d.'.~;:. ~he~e sha~l be no . ' - ~su~ender .... :~recordab~e ~o~m 'exeCUted :~'~;~:D~cia~'h~'d' >recorded in the · nana -' ;.: ~. ~ecords .., og.:: the' Cl'erk~f ~;~th~ ~.sU~-ld~? court '-,.o~ '. ~ayette county, ,, -. 3Georgia ,,.and, ..only, ~ then.-~,~uponr:,the:~.;~complet~on . of .the - In~tzal . ..: ;~,.C~pstruc~ion Per~0d~, (the~t~..,, !n~tial~?~onstruction Per~od" shall '., .3' '~.~.':?:':'b~'..~th'at'":P~riod- fro~ ?:th:9?~'~;':;~h'~6'f' .'t%:'):~,the~ '-date 'that ' the :1 est ~,~'~-~:,'~'in~le'; family, detach:~ ~'f~htd~':~;do~s~C~eu :':~on the' Property has · ~."~ ~:~'~'~D~n ':CSmPZe~ea) .' ",~ 'Up'0~'~'%h'~'~'~g~'~%~'~ 6~%~Cn':;:'~i~ht, 'each ye'ar' the ...' ,,)'~7']:~,?%'es ident. 0~ers'."0~' <a'l'l~h~%'~6t~"~: ~'6~i~ing"%~he'''.-Property she 11 by ':: .'-:~ ,~.,.ma]orzty'~ote appo~nt-for;.a~one.ygar;te~hr~e.:(3),:res~dent owners . .. ....... to .-serve . as. the -~members... of ..the,Architectural-.. Ravzew Board. The :':: ~ ,;:'~,; Declarant .hereby .appo~nts.~'~y ~ S ~,:~.Hall~gan ,and John B. Sherrel as . ~:-~.',~the~,members' of,the:~:Arch~tecturaL~.:..Revzew;-Board.to serve..zn such : _"capacity for the term of thzs..'Declarat~on';', unless such appointment ..-(:is sooner te~inated';in writJ~g~b~:::,'the-Declarant, its successors or '.assignsi;and either :(i) ?a.new person ;~r'-:entity :'is appointed by the :Declarant:~or ~"(ii) ~ the'~Decla~ant,~surr'end~ :'its right hereunder to :.'; .'~.~..:; ~--. appoint ~ ~he ~embers '.'of~:~n~'f~;'~'~%~'~'l'~.~eview ~oard~ provided, '. :: ... however~;:~ .'in no event':sh~ll~h~h~emb'~r'~"::be.~removed .or replaced as the'~-sole-.members .of..,.the..,Archltectur~{..~evzew Boara during the Initial .',Construction ' Review Board ~'6bmitted ~.;~ plans and .i~-the :, -plans and ..'aPproval '-shall be approval.: the ;.Lot and 'shall comply a rcondition of - ~oh'~ibilities for °?and ii on - any '~; .:..-. · change,, modific~tion, "addition, '.'Or .'alteration. The Architectural Review Board shall be '~the.],Sole.~arbiter (of such plhns and may :"_withhold 'approval.' for./iany:i,,.reason~'J:including purely aesthetic "considerations, and it ·shall']be.entitied to stop any construction in violat..ion of these ..' restrictions..:.. Any member of the. 'Architectural Review Board or 'its .representatives shall have the -.right,. durihg reasonable hours 'end'?after reasonable notice, to. enter upon any Lot to i'inspect L'for.~the .purpose of ascertaining whether or-not these restrictive'~covenants have been or are being -~complied with. Such'person :or persons .shall not be deemed guilty of .trespass by reason.:of?"_such entry. In addition to any other remedies, in the event' of.'3noncompliance with this Section, the Architectural Review Board.-may. record =in ~the appropriate land records a notice of violation, hereunder naming the violating owner. (d) Plans'.,~and [ specifications are not approved by engineering or' str~cturaI-....designTOrTq~ality'~of-materials, and by ..approving such plans' and lsPecificati'ons neither the Architectural .Review Board norc?'~ the . i. members,'~ thereof ".! assume· liability or' i.responsibility .. ~ therefor,~'~'.wlnorS for ~.~.any ~.!'defect ". in .any structure .constructed from such p.la~'F~nd~ Spe6ifications. -- Neither Declarant, -..the Architectural .' Review ~.:~B0a~d,".".;in6r' ii,.their: officers, directors, .members, employees'~and'age6~s'.~shaii:i'be':liable' for damages to anyone submitting plans and speclfica~ioh~ ?for' approval, or to any owner ~ of~ property affected by, th~e !'~e'~gr. ic'.ti0ns .by .. reason ] of mistake in judgment.,- n.egligence,~.:;~?'or~.~'n~nfe..asahce:~:.]?arising' out' of or--in ~"¢onnect~on W~th the,:.aP~-69~.j.°r~7~.d, ls~ppr6%al~.or-, failure to approve . < or .·diSapprove any ~such iD!'~'h~-~!o.ri{~pe.c~f.ications ~ Every person who '.'/ submits plans or".specifi~'~ti'6~'s~'ahd?t.:"ev~ry~'owner of:'a Lot agrees that he'will not'bring-ahY!?ction :or is~it.:against Declarant, the Architectural Review Board?'0r'~-their.officers, directors, members, employees and agents ' to. recover ' any '! such damages and hereby releases, remises, quitclaims, ~/and':covenants not to sue for all claims, demands, and .<cadses :.~ of?~.~action..arising out of or in connection with any judgmeHt?~briln'6n~easance' and hereby waives the provisions of .any law which P~o~ides ~'that a general release does not extend to claims, demands, and .causes of action not known at · the time the release is given. 4. No Waiver of-Future .'Approvals. The approval of the · ~ Architectural Review .;..~Board:!.~of.~;2any::.~proP0sals or 'plans and · . specifications or ?drawings ;,..:for.! any'~work ..done or proposed, or. in .~;L:'iconnection'with an~'othe~.:m~'t, ter'!:req~i~ing the approval and consent ". ::?.iiof-:..such Architectural"' i, Revl.~W. li]'Boa.rd'/:'.~shall 'not be' deemed to · .~:. :..'%1~· i~onstitute' a waiver 'of ;an~"~righ~"?~'6'~'~ithh°ld :approval or consent as ....... ::..to any similar proposals~:-:;plans.[and..:spec, ifications, dra. wlngs, or ' ".'.'.'..>~.~'matters .whatever~.'-~.'.~subs~qUently:!~or?~dditionally· submitted for · ':.f.:: i~.~ '?approval. or' consen~.~ :.."ii',.'i:?~:f!~,?...!?.'?~!! ii~i~i~?~'i:!."~.i,...'~! ~- . "::. '.' _' '.. ' ' . .'-",."~?[~.',.. . ". : - .~.. ". g:":':'~.::,,~,~?.~"~: ::: %':..L',.:,":"-;'::,~:~: <. ,". . ' · · . , ..:vlji.::~.',;'.',-. 5. .'-¥arian=e.':~7;.:.Th,e..;Architectural: Review Board may authorize · :.i' i t.t~ [-%ariances i from '-'l.com~'li,gH'6'e'.~iw.',i.,th.'i'~'a~Y;~'6f~:'~the,':pr°vlsi°ns .' of the ~' '~ .:i::~?.:?'f' :":[Ar. chitectural i,:.Guid~!.ises.~.,W,..h.e~'~.i~,cu,m,,st..an.¢es..Fsuch ~.as -~.topography, . -': .:;/ ?~.:I :~'i~:!.": natural ~'~ ~bstructions'~':!?~h~ffd'-4h'ip ?~i:.[~...'.{:~Sthetic. ?[. or ..,'.environmental . :,..:..~'".:,?':.:...'.':.:t.~.:~.{© "..~...:.-.' .' -'": ,:...%.':.?~...i?~:-::;'-';~:..~,i :.,-:.,L,v:..~.'..',.,',':".', !~? :.;..'...::..-'.... · . ..,-. .... :.'..-[,~..... . . · .' '...'..- "-,..-:~...:%?'.~I.;.:.,: ::~:~.,:,:~,~.~?~ .. ....... .-.~ ~ · ..., - :. ........... . ...... ;.. ,. · ....... ,... , P,.GE ? ? .. .', '~,,,i,i .'-.~,:~'-" .' ': .... .- . '.."' ,~ , j,'.,.. ~','~:'~.:. ,~., - ~.... '..,.' , ,' '~.,-: ~.' ,.".., ': ',: ~. :t~...z., '.~ ~',q,,:.:~.:','?~ ? ..... , . · ~.h. ~ ~ I..~' ~ . . ',' ..*" ,,~' t L ,~'.,"r't'"u ', ' , ' ' , - BOOK ? SPAGE considerations require. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing, (b) be contrary to the restrictions set forth in the body of this Declaration, or (c) estop the Architectural Review Board from denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any. permit, or the terms of any financing shall not be considered a hardship warranting a variance. 6. ~quare Footaqe. No house shall be constructed on any Lot having an enclosed heated area, exclusive of the garages, porches and basements of less than 900 square feet, nor more than the maximum square footage defined and described in the Architectural Guidelines. 7. Construction. The exterior of all structures must be. completed within one (1) year after the construction of same shall have commenced (city building permit date), except where such completion is impossible or would result in great hardship to the owner of a Lot or builder due to strikes, fire, national emergency, or natural calamities or as such one year period may be extended by the Architectural Review Board after application for such extension is requested by any owner or builder of a Lot. 8. Fence and Walls. No fence or wall of any kind shall be erected, begun, or permitted to remain upon any portion of any Lot unless and until plans are submitted to and approved by the Architectural Review Board, its agents, successors, or assigns. 9. Siqns. Without specific written approval from the Architectural Review Board, no sign may be displayed to the public view on any Lot. All signs must be professionally prepared. 10. Subdivision of Lots. No lot shall be subdivided in any way for sale, resale, gift, transfer, or other purposes, except with the written approval of Declarant. 11. Boats, Trailers and Vehicles. No boat, boat trailer, house trailer, trailer, camper or any similar items shall be stored or parked on any Lot except within an approved enclosed garage or otherwise screened from public view. In addition, no automobiles, trucks, or other motorized vehicles may be kept outside a garage unless such vehicles are operative and have up-to-date licenses. Boats and recreational vehicles must be stored in enclosed garages or otherwise screened from public view. 12. Trees. No trees shall be removed from any Lot without written authorization from the Architectural Review Board, who may adopt and promulgate rules and regulations for the preservation of trees and other natural resources on the Property. 13. Temporary Structure. Without the prior written consent of the Architectural Review Board, no temporary building, trailer, garage, or structure shall be maintained or allowed to exist on a Lot, nor may the same be used, temporarily or permanently, as a residence. 14. Storaqe. No wood, lumber, metals, bulk materials, refuse, trash, or other similar materials shall be kept, stored, or allowed to accumulate outside the buildings on any Lot except during the one-year construction period (during actual construqtion). 15. Fuel Tanks and Antennas. No fuel tanks or similar storage receptacles shall be kept, stored or allowed to be maintained on any Lot except during the one-year construction' period (during actual construction). Without the prior written approval of the Architectural Review Board, no auxiliary devices (such as TV and radio antennas and towers or satellite dishes) shall be erected or maintained upon a Lot (including the improvements constructed thereon) unless the same is in compliance with the Architectural Guidelines. 16. Landscapinq. Within sixty (60) days of the issuance of a Certificate of Occupancy by Peachtree city, landscaping shall be installed by the owner of any Lot in accordance with the landscaping plan approved by the Architectural Review Board. The failure of such owner to comply with the foregoing restriction shall give the Architectural Review Board the right, but not the obligation, to enter upon the site and install said landscaping. Any and all costs incurred thereby shall be due and payable by the owner of said Lot within five (5) days after receipt of written notice therefor and the failure of said owner to pay. such cost within said time period shall give rise to a lien against the Lot enforceable by the Architectural Review Board. 17. Maintenance. Each Lot shall at all times be kept in a clean and well maintained condition. Ail landscaped areas shall be well groomed and maintained at all times. No building or structure shall be permitted to fall in disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. In the event of damage or destruction to any such building or structure, such building or structure may be repaired or reconstructed in accordance with previously approved plans and specifications. In the.event the owner of any Lot elects not to repair or reconstruct, then such owner of a Lot shall within ninety (90) days of such damage or destruction remove the structure, grade the property, and return same to a clean and well maintained condition. Should such owner of a Lot fail to begin reconstruction or removal within such ninety day period, the Architectural Review Board shall have the right, privilege and license, but not the obligation, to enter upon the site, remove such damage or destroyed structure, and grade the site at the owner's expense. Any such expense incurred by the -5- BOOK -Architectural Review Board shall be paid in full by such owner within five (5) days after written demand therefor, th~ failure of said owner to pay such cost within said time period shall give rise to a lien against the Lot enforceable by the Architectural Review Board. 18. Declarant's siqns. Nothing herein contained shall be construed to prevent the erection or maintenance by Declarant, or its duly authorized agents, of such signs as may be necessary or convenient to the development, sale, operation, or other disposition of Declarant's property within Peachtree City. 19. Notice. Every person who now or hereafter owns or acquires any right, title, estate, or interest in or to the Property or any portion thereof is and shall be conclusively deemed' to have consented and agreed to every limitation, restriction, easements, condition and covenant contained herein and in the Architectural Guidelines, whether or not any reference to these restrictions is contained in the instrument by which such person acquired an interest in said Lot or any portion of the site. 20. Decorative ApDurtenances, Recreational Facilities and Enerq~f conservation Equipment. Without the prior written consent of the Architectural Review Board no decorative appurtenances or recreational facilities including, without limitation, trampolines, skateboard ramps, tree houses, play houses, deer stands, swing sets or basketball goals shall be installed or maintained on a Lot or any portion thereof. Swimming pools on any Lot (whether above or in-ground) may be installed and maintained only after the prior written approval of the Architectural Review Board. Without the prior written consent of the Architectural Review Board, no solar energy panels and related hardware or any other energy conservation equipment shall be installed or maintained on a Lot or any improvement constructed thereon. 21. Inspection. The Architectural Review Board may, from time to time, at any reasonable hour or hours, enter upon and inspect any Lot ..for the purpose of ascertaining compliance herewith. In addition, during the period of construction of any improvements on a Lbt the Architectural Review Board shall also have the right to enter upon the inspect any such improvements under construction for the purpose of ascertaining compliance herewith. 22. Consents. For purposes of these restrictions, any written consents or approvals may be given by such person or entity as the Declarant may from time to time designate in writing, which designation has been or will be filed in the public records maintained by the Clerk of the Superior Court of Fayette County, Georgia and which will be effective until the same is revoked in like manner. 23. Enforcement. The Declarant is the owner of other properties in close proximity to the Property subjected to the within and foregoing Declaration of Covenants and Restrictions and, as such, has, and will continue to have, a direct and beneficial interest in the enforcement of the restrictions and covenants set forth herein and established hereby and may enforce compliance with such covenants and restrictions notwithstanding that the Declarant may no longer have an ownership interest in the Property subjected hereto. DECLARANT SHALL NOT BE LIABLE TO ANY PERSON WHOMSOEVER FOR ANY VIOLATIONS OF THESE RESTRICTIONS AND DECLARANT DOES NOT WARRANT TO ANYONE THAT THESE RESTRICTIONS WILL BE ENFORCED AS TO ANY PROPERTY TO WHICH THIS DECLARATION IS APPLICABLE. THE INITIATION OF ENFORCEMENT ACTION FROM TIME TO TIME BY DECLARANT OF THE ABOVE RESTRICTIONS WILL BE FOR ITS SOLE BENEFIT AND CONTROL AND DECLARANT SPECIFICALLY DISAVOWS ANY OBLIGATIONS, IMPLIED OR OTHERWISE, TO MAINTAIN OR ENFORCE THESE RESTRICTIONS; HOWEVER, THIS SHALL NOT PRECLUDE OR PREVENT THE OWNER OF ANY PORTION OF THE PROPERTY FROM BRINGING SUCH ACTION AS IT DEEMS NECESSARY IN ORDER TO ENFORCE THESE RESTRICTIONS AGAINST ANY PARTY IN VIOLATION THEREOF OTHER THA/~ DECLAi~3tNT. ALL COSTS AND EXPENSES (I}~CLUDING REASONABLE ATTORNEY'S FEES AND COURT COST) INCURRED BY THE DECLARANT, THE ARCHITECTURAL REVIEW BOARD OR THE OWNER OF ANY LOT IN CONNECTION WITH THE ENFORCEMENT OF A VIOLATION OF THE WITHIN AND FOREGOING COVENANTS AND RESTRICTIONS SHALL BE PAID BY THE PARTY FOUND TO BE VIOLATING SAID COVENANTS AND RESTRICTIONS OTHER THAN THE DECLARANT AND SHALL CONSTITUTE A LIEN AGAINST THE LOT OWNED BY THE OWNER FOUND TO BE IN VIOLATION. 24. Amendment. Until such time as the Declarant surrenders its rights under Section 3 hereof to appoint all members of the Architectural Review Board, this Declaration may not be amended without the Declarant's prior written consent. Any amendment to this Declaration shall only be effective upon the filing of an instrument in the Fayette County Land Records. 25. Severabtlit¥ and Term. Invalidation of any of the foregoing restrictions, or any part thereof, by judgment or court order, shall in nowise affect any of the other restrictions which shall remain in full force and effect. The covenants and restrictions shall be covenants and restrictions running with the land and shall be binding on all owners and occupants of all or any portion of the Property for a period of twenty (20) years from the date hereof. After which time such covenants and restrictions shall automatically be extended for successive five (5) year periods unless an instrument is recorded in the Fayette County Land Records signed by (i) the Declarant, if the Declarant has not surrendered its right under Section 3 hereof to appoint all members of the Architectural Review Board, or (ii) if the Declarant has surrendered such right, a majority of the then owners of the Lots comprising the property. BOOK IN WITNESS WHEREOF, this document has been executed and sealed as of the day and year. first above written. Signed, sealed and delivered ~ ~resence this day 'of . ~-~-~o~,~ , ..~-fT. .... '~%'w~.n'~s ~ "~- '."/ - 'X ~ O No. ar7 Public ission ExDiration Date: