DECLARATION OF CO~NANTS AND ~T~CTIONS FOR
<br /> F~LD~G R~GE SUBD~SION
<br /> FIL~ & R~C0RDED
<br /> FAYETTE COUNTY.
<br /> T~S DECL~TION is made as of th~~ day of ~ , 1993 by
<br />T~ EQ~T~LE L~E ASS~CE SOC~TY OF T~ ~D STATES~Y~k ~ [0
<br />Co~orafion (~reinaffer called "D~l~ant").
<br /> W.A.
<br /> ~SSE~: ~ ~ S'UP~eR
<br /> WHEREAS, Declarant owns certain lots and blocks of lots (hereinat~er collectively referred
<br />to in the singular as a "Lot" and in the plural as "Lots") and surrounding properties located in
<br />Land Lots 133 and 134 of the 7th District of Fayette County, Georgia which property is more
<br />particularly shown on that certain plat of survey of Fielding Ridge Subdivision, recorded in Plat
<br />Book 23 at Pages 187 and 188, Fayette County, Georgia records (hereinafter referred to as the
<br />"Property"); and
<br /> WHEREAS, Declarant desires to establish certain covenants and restrictions pertaining to
<br />the ownership, development, use and enjoyment of the Property.
<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 /> 1. RESIDENTIAL PURPOSE. Without specific written approval fi'om 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
<br />long as it is actively offering for sale houses that it constructed on the Property.
<br /> 2. ARCHITECTURAL GUIDELINES. ANY STRUCTURE OR IMPROVEMENT
<br />CONSTRUCTED ON ANY LOT, WHETHER TEMPORARY OR PERMANENT IN
<br />NATURE, SHALL BE DESIGNED AND BUILT IN ACCORDANCE WITtt THE
<br />ARCHITECTURAL GUIDELINES ADOPTED BY THE ARCHITECTURAL REVIEW
<br /> 3. ARCHITECTURAL STANDARDS. No exterior construction, alteration, addition,
<br />or erection of any improvements of any nature whatsoever, including, without limitation, 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
<br />made unless and until such plans and specifications showing at least the nature, kind, shape,
<br />height, materials, and location shall have been submitted in writing to and approved by an
<br />Architectural Review Board established by the Declarant. The Declarant may employ for the
<br />Architectural Review Board architects, engineers, or other persons necessary to enable the
<br />Architectural Review Board to perform its review. The Architectural Review Board may, from
<br />time to time, delegate any of its rights or responsibilities hereunder to one or more duly licensed
<br />architects or other qualified persons, which shall have full authority to act on behalf of the
<br />Architectural Review Board for all matters delegated. The Architectural Review Board shall
<br />adopt the design and development guidelines and the application and review procedures set forth
<br />in the Architectural Guidelines. Copies of the guidelines shall be available from the Architectural
<br />Review Board for review. The Architectural Review Board shall have sole and full authority to
<br />prepare and to amend the Architectural Guidelines. It shall make the Architectural Guidelines
<br />.... ;}~ .......... ~ h,.!jlrl~-,--. ~'~ developers who seek to engage in development of _.
<br />construction upon ali or any portion of the Property and such owners, builders and developers
<br />shall conduct their operations strictly in accordance therewith.
<br /> The Declarant shall have the right to appoint all members of the Architectural
<br />Review Board. There shall be no surrender of this right except in a written instrument in
<br />recordable form executed by Declarant and recorded in the Land Records of the Clerk of the
<br />Superior Court of Fayette County, Georgia. Upon the surrender of such fight, each year the
<br />resident owners of all the Lots comprising the Property shall by majority vote appoint for a one
<br />year term three (3) resident owners to serve as the members of the Architectural Review Board.
<br />The Declarant hereby appoints Peachtree City Development Corp. as the sole member of the