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Fetlock MeadowsF.~yETTE C, OYtI'[ X. ~' Peachtree City Development Corp. Declaration of Covenants & Deed Restrictions For Fetlock Meadows TH~$ DECLARATION is m~le as of the ~ day of =~ 1997 by PEACHTREE CITY HOLDINGS, LLC, a C~orgia Limited Liability Com.r~any ~h~ei~er called "Deolarant"). WHEREAS, Dechuant owns certain lot~ and block~ of lots (hereinat~ collectively referred to in the singular as a "Lot" and in the plural as 'Lots') Lot 4 ! located in Land Lot 95 of the 7th District of Fay~tte County, Georgia which property is more particularly shown on that certain piaI of survey of. Fetlock Meadows: Section 1 Subdivision, recorded October4, 1973 in Plat Book Ii atPage 30 .FayetteCounty, Geor~iarecords (hereinai~er referred to as the 'Property'); and V~-I~.REAS, Dechtrant deah~ to estab~sh certain covenants and rest~-ictions penalnin~ to the ownership, devdopme~t, use and enjoyment of the ProperS. NOT THEREFORE, for and during the te~n hereof, as hereina~er stated, be it hereby declared that the Property is subjected to the covenant~, conditions and resttiction~ as follows: Without specific written approval from Peachtree City Development Corporation "PCDC", no portion of the lot shall be used except for residential purposes. No alterations shall be made to the site until site plans are approved by PCDC, which shall have the right to establish and amend procedures and standards to gnide its review of site plans. In particular, no dearln~ or gra~llnE shall take place until PCDC has approved site plans. No building, structure, alteration, addition, or improvement of any character other than interior alterations not affecti~ the external appearance ora building or structure shall be constructed upon any portion of the property until a plan of such construction has been approved by PCDC, its agents, successors, or assigns. PCDC shall have the right but not the obligation, to establish and amend design review procedures and standards to guide the enforcement of these provisions. Plans shall be judged as to quality of design and materials, harmony of external design with surrounding structures or with the plnnned character of the neighborhood, location with respect to topography and finished grade elevation, the eff~-t of the construction on the view from surrounding property, and all other factors which will, in PCDC's opinion, affect the desirability or suitability of the construction. As a minimum, ~nsl p[al:ls arid speci~cations shall show the nature, kind, shape, height, materials, basic exterior finishes and colors, location floor plans, and elevations of the proposed structure or structures. The minimum floor area for the main structure on the lot shall not be less than 1800 square feet of habitable, heated space. The exterior of all structures must be completed within one (1) year after the construction of same shall have commenced (building permit date), except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fire, national emerSenCy, or natural c~l~mities. No fence or wall of any kind shall be erected, begun, or be permitted to remain upon any portion of the lot unless and until plans are ~u~mitted to and approved by PCDC, ~ts agents, successors, or assigns. '~!D ooxiqoeod .u~.~x &JadoJd DOS)c[ JO ao~!sods~ ~oq~o Jo uogeJodo 'offs 'laomdolanap oql ol ~u~.moauoo ~o .G-essaoou su~s ~o 'slu~ma~o~du~. 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'~)(I~)d JO leno~dd~ uall.unx atp ql.u~ ldao×a 'asochnd Jaqlo ~o 'Jajsuexi 'I~. 'alesa~ 'ales ioj · poxedaJd `i[lel;lO!SSajoJd aq lsnm su~!s IIV 'ltlaJ Jo ales JOj f~LladoJd al~ ~m.s!laanpe laaj axenbs (t~) Jnoj i~u!poooxa lou su~ts ~ieJodtual Joj ldaoxa '1oI aql uo n~abx o.qqnd oql ol pa`ields!p aq ~etu u~s ou 'DCIDd moJj lenoJdde uall.un~ o~!~ods lnoql!3A '9I 'gl 'El '01 '6 '8 'L '9 ( ( ('- 17. 19. 20. 21. OOK I 19 5P ,6 4 4 0 The approval of plans or specificatiom submitted for approval as herein specified for use on the lot shall not be deemed to be a ~ of PCDC's diht to object to any of the features or demmts ~hodied in such plsm or spedfications, if or when the same features or e~ements are emi)od/ed in any subsequent plans and specifications submitted for approval as herein provided for use on this lot or other lots. PC'DC shall k~e the ~nhor~ to withhold ~pprov~l of an~ plans or specific~iom required b~ these Restrictiom. Approval may be wit~dd because ofnon-compii~ce with any of the specific conditions, covena~s, and restricliom contained in these Restrictions. Approval may also be withheld because, in the reasonable judgement of PCDC, the grading, the Ioc~Jon of the structures on the site, the finish floor elevation, the color scheme, the exterior materials and finish, the design, proportions, architecture, si~e, hei~,ht, style, and sppropriale~ess of the proposed structures or altered sUuctures, the kind, pitch, or type roof proposed for the structures, ~e landscaping scheme, or any other pertinent condition will render the proposed improvement inlmmm~ious or out-of-keeping with the $~neral plan of improvement of the property or with the planned or established character of the surroundin~ neighborhood. The failure of PCDC or its successors or a_~i~ns to mforce ~ covenant, condition, or restriction shah in no eveot be deemed to be a waiver of the right to do so thereafter nor of the fight to enforce any covenant, condition, or restriction. Every person who now or heresRer owns or ~ any right, ~le, es~e, or interest in or to the lot or potion of the lot is and sIugl be conclusively deemed to have ~onsented and a~reed to ~very limitation, restriction, condition, alld covmlant contained herein, whether or not any reference ~o these Restrictions is contained in the instrument by which such person acquired an interest in said lot or any portion oftbe lot. PCDC may, from time to time, at any reasonable hour or hours, enter upon and impec~ the lot subject to these Restrictions for the purpose of ascer~inlng compliance therewith. PEACHTREE CITY DEVELOPMENT CORP SHALL NOT BE LIABLE TO ANY PERSON WHOMSOEVER FOR ANY VIOLATIONS OF THESE RESTRICTIONS AND PCDC DOES NOT WARRANT TO GRANTEE OR ANY SUBSEQUENT GRANTEE OR ANY OTHER PRESENT OR FUTURE LOT OWNER THAT THESE RESTRICTIONS WILL BE ENFORCED WITH REGARD TO THIS LOT OR ANY OTHER LOT. THE INITIATION AND ENFORCEMENT FROM TIME TO TIME BY PCDC OF THE ABOVE RESTRICTIONS HAS BEEN FOR ITS SOLE BENEFIT AND CONTROL AND PCDC SPECIFICALLY DISAVOWS ANY OBLIGATION IMPLIED OR OTHERWISE TO MAINTAIN THESE RESTRICTIONS; HOWEVER THIS SHALL NOT PRECLUDE OR PREVENT ANY PROPERTY OWNER FROM ENFORCING THESE RESTRICTIONS WHEN APPLICABLE AGAINST ANY OTHER PROPERTY OWNER OTHER THAN PCDC. Invalidation of any of the foregoiuE restrictions, or any part thereof, by judgement or court order, shall in nowise effect any of the o~her restrictions which shall remain in full force and effect. Said restrictions shall be covenants running with the land and shall be binding on the Grantee and all persons claiming all or any part of the lot under him until twenty (20) years from the dale hereof. AND THE GRANTOR, for itself, ~ successors and assigns, will warrant and forever defend the right and title to the above described land unto the Grantee his heirs and assi~s, against the claims of all persons claiming by, through or under grantor. IN WITNESS WHEREOF, the Grantor has caused this Indenture to be executed by its duly authorized officer or officers and its corporate seal to be hereunto at,xed the day and year above writ~n. Si~ned, sealed and delivered PEACHTREE CITY DEVELOPM]ZNT CORP. in the presence of.' s00g 119 5~s£ 4 41 DEED RESTRICTIONS Windgate Ridge (Platted as Fetlock Meadows - Section 4) 1. Without specific written approval from Garden Cities Corporation, no portion of the lot shall be used except for resi- dential purposes. 2. No alterations shall be made to the site until site plans are approved by Garden Cities Corporation, which shall have the right to establish and amend procedures and standards to guide its review of site plans. In particular, no clearing or grading shall take place until Garden Cities Corporation has approved site plans. 3. No building, structure, alteration, addition, or im- provement of any character other than interior alterations not affecting the external appearance of a building or structure shall be constructed upon any portion of the lot unless and until a plan of such construction shall have been approved by Garden Cities Corporation, its agents, successors, or assigns. Garden Cities Corporation shall have the right to establish and amend design review procedures and standards to guide the enforcement of these provisions. Plans shall be judged as to quality of design and materials, harmony of external design with surrounding structures or with the planned character of the neighborhood, location with respect to topography and finished grade elevation, the effect of the construction on the view from surrounding property, and all other factors which will in Garden Cities Corporation's opin- ion affect the desirability or suitability of the construction. As a minimum, final plans and specifications shall show the nature kind, shape, height, materials, basic exterior finishes and colors location, floor plans, and elevations of the proposed structure or structures. 4. All exterior materials shall be natural in both compo~ sition and color. Exterior materials shall be wood, stone, and brick, plus others which are approved by Garden Cities Corporation~ Exterior colors shall be earth tones approved by Garden Cities Corporation. Approved exterior color schemes may not be changed without Garden Cities' written approval. 5. The exterior of all structures must be completed within one (1) year after the construction of same shall have commenced (building permit date), except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fire, national emergency, or natural calamities. 6. No fence or wall of any kind shall be erected, begun, or permitted to remain upon any portion of the lot unless and un- til plans are submitted to and approved by Garden Cities Corpora- tion, its agents, successors, or assigns. 7. Without specific written approval from Garden Cities Corporation, no sign may be displayed to the public view on the lot, except for temporary signs not exceeding four (4) square feet advertising the property for sale or rent. All signs must be professionally prepared. 8. The lot shall not be subdivided in any way for sale, resale, gift, transfer, or other purpose, except with the written approval of Garden Cities Corporation, its agents, successors, or assigns. 9. No boat trailer, house trailer, trailer, or any simi- lar items shall be stored or parked on the lot except within an approved enclosed garage or carport. In addition, no automobiles, trucks, or other motorized vehicles may be kept outside a garage or carport unless such vehicles have up-to-date plates and in- spection stickers. Boats and recreational vehicles must be stored in enclosed garages or carports. 10. No tree having a diameter of six inches (6") or greater (measured at a point 12" above ground level) shall be removed from the lot without written authroization from Garden -.~ Cities Corporation, which may adopt and promulgate rules and regulations for the preservation of trees and other natural features of the lot. Garden Cities Corporation may also designate certain trees - regardless of size - as not removable without written authorization. ll. During the course of construction on the lot, no temporary building trailer, garage, or structure shall be used, temporarily or permanently, as a residence. 12. No lumber, metals, bulk materials, refuse, trash or other similar materials shall be kept, stored, or allowed to accumulate outside any buildings on the lot except during the one year construction period (during actual construction). In ad- dition, during construction, the building materials on the lot shall be placed and kept in a reasonably orderly fashion. Specifically, during weekends all materials shall be neatly stacked or placed, and any trash or waste materials shall be removed. Refuse, trash, or construction materials shall not be buried on the lot. 13. Prior to the occupancy of a residence on the lot, proper and suitable provision shall be made for the disposal of sewage by connection with the sewer mains of the Georgia Utilities Company, its successors, or assigns. 14 No fuel tanks or similar storage receptacles may be exposed to view. Such receptacles must be installed within the main dwelling, an accessory building, a screened area, or buried underground. Any exterior installation is subject to Garden Cities Corporation approval. No auxiliary devices (such as TV antennas)shall be mounted upon any elevation of the dwelling (in- cluding roof) which faces a street. 15. The lot shall be landscaped within sixty (60) days of the issuance of an Occupancy Permit by Peachtree City. This landscaping must be done in accordance with a plan prepared by a landscaping professional and approved by Garden Cities Corpora- tion. 16. The entire lot shall at all times be kept in a clean and well-maintained condition. All landscaped areas shall be well groomed and maintained at all times. No building or structure shall be permitted to fall into 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 accor- dance with previously approved plans and specifications. 17. Nothing contained in these Restrictions shall be construed to prevent the erection or maintenance by Garden Cities Corporation or its duly authorized agents, of structures, improve- ments, or signs necessary Ur convenient to the development, sale, operation or other disposition of Garden Cities Corporation prop- erty within Peachtree City. 18. The approval of plans or specifications submitted for approval as herein specified for use on the lot shall not be deemed to be a waiver of Garden Cities Corporation's right to object to any of the features or elements embodied in such plans or specifications, if or when the same features or elements are embodied in any subsequent plans and specifications submitted for approval as herein provided for use on this lot or other lots. 19. Garden Cities Corporation shall have the authority to withhold approval of any plans or specifications required by these Restrictions. Approval may be withheld because of non- compliance with any of the specific conditions, covenants, and restrictions contained in these Restrictions. Approval may also be withheld because, in the reasonable judgment of Garden Cities Corporation, the grading, the location of the structures on the site, the finish floor elevation, the color scheme~ the exterior materials and finish, the design, proportions, architecture, shape, height, style, and appropriateness of the proposed structures or altered structures, the kind, pitch, or type roof proposed for the structures, the landscaping scheme, or any other pertinent condition will render the proposed improvement inharmonious or out-of-keeping with the general plan of improvement of the propert3 or with the planned or established character of the surrounding neighborhood. 20. The failure of Garden Cities Corporation or its successors or assigns to enforce any covenant, condition, or restriction shall in no event be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any covenant, condition, or restriction. 21. Every person who now or hereafter owns or acquires any right, title, estate, or interest in or to the lot or portion of the lot is and shall be con lusively deemed to have consented and agreed to every limitation, restriction, condition, and cov- enant contained herein, 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 lot. 22. Garden Cities Corporation may, from time to time, at any reasonable hour or hours enter upon and inspect the lot subject to these Restrictions for the purpose of ascertaining compliance therewith. GARDEN CITIES CORPORATION SHALL NOT BE LIABLE TO ANY PERSON WHOMSOEVER FOR ANY VIOLATIONS OF THESE RESTRICTIONS AND GARDEN CITIES CORPORATION DOES NOT WARRANT TO GRANTEE OR ANY SUB- SEQUENT GRANTEE OR ANY OTHER PRESENT OR FUTURE LOT OWNER THAT THESE RESTRICTIONS WILL BE ENFORCED WITH REGARD TO THIS LOT OR ANY OTHER LOT. THE INITIATION AND ENFORCEMENT FROM TIME TO TIME BY GARDEN CITIES CORPORATION OF THE ABOVE RESTRICTIONS HAS BEEN FOR ITS SOLE BENEFIT AND CONTROL AND GARDEN CITIES CORPORATION SPECIFICALLY DISAVOWS ANY OBLIGATION IMPLIED OR OTHERWISE TO MAINTAIN THESE RESTRICTIONS: HOWEVER THIS SHALL NOT PRECLUDE OR PREVENT ANY PROPERTY OWNER FROM ENFORCING THESE RESTRICTIONS WHEN APPLICABLE AGAINST ANY OTHER PROPERTY OWNER OTHER THAN GARDEN CITIES CORPORATION. Invalidation of any of the foregoing restrictions, or any part thereof, by judgment or court order, shall in nowise af- fect any of the other restrictions which shall remain in full force and effect. Said restrictions shall be covenants running with the land and shall be binding on the Grantee and all persons claiming all or any part of the lot under him until twenty (20) years from the date hereof. AND THE GRANTOR, for itself, its successors and assigns, will warrant and forever defend the right and title to the above described land unto the Grantee, his heirs and assigns, against the claims of all persons claiming by, through or under Grantor. IN WITNESS WHEREOF, the Grantor has caused this Inden- ture to be executed by its duly authorized officer or officers and its corporate seal to be hereunto affixed the day and year above written. Signed, sealed and delivered in the presence of: GARDEN CITIES CORPORATION By: Notary Public Attest: