Gateway I & II ..~._.~This .~conveyance_. i~ subject to the following restrictions:
1. without specific written approval f~o~ Grantor, no
portion of the property shall be used except for residential
pur pos e s.
2. No alterations shall be made to the site until
site plans are approved by Grantor, 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 Grantor has approved site
plans.
3. No building, structure, alteration, addition, or
improvement 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 ·
property unless and untiI a plan of such construction shall
have been approved by Grantor.· Grant~r 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 material~, 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 Grantor's opinion
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. .
~'/:':'4. The exterior 'of all struc~ures~'must be~.completed
within one (1) year after the construction of same shall have
~i 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.
5[ No fence or ~all of any kind shall be erected,
begun, or permitted to remain upon any portion of the lot
unless and until plans are submitted to and approved by
Grantor, its agents, successors, or assigns.
6. Without specific written approval from Grantor,
' no sign may be displayed to the public view on any lot except
for temporary signs not exceeding four square, feet advertising
the property fov sale or rent. All signs must be professionally
prepared.'.
7. No lot shall be subdivided in any way for sale, resale,
gift, transfer, or other purposes, except with the written
approval of Grantor~
8. No boat trailer, house trailer, trailer, or any
similar items shall be stored or parked on any lot except
within an approved enclosed garage or carport. In addition,
no automobiles, trucks, or other motorized vehicles may be
kept outside·a garage unless such vehicles have up-to-date
licenses and'inspection stickers. Boats and recreational
vehicles must be.stored fn enclosed garages or carports.
9. No trees 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 authorization from Grantor
which may adopt and promulgate rules and regulations for the
preservation of trees and other natural resources upon the
lot. Grantor may also designate certain trees, regardless of
size, as not removable without written authorization.
10. During the course of construction on any lot, no
temporary building, trailer, garage, or structure shall be
used, temporarily or permanently, as a residence.
11. No lumber, metals, bulk materials, refuse, trash,
or other similar materials shall be kept,'stored, or allowed
to accumulate outside %he buildings on any lot e~cept during
the one-year construction period (during actual'construction).
In addition, during construction the bu.ildi~g materials on the
lot shall be policed prior to each weekend; during the
weekend, all materials'ishall be neatly stacked or placed, and
any trash or waste materials shall be removed.
12. 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 Georgia
Utilities Company, or any other company prpviding such services.
13. 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 Grantor'S approval.:2 No auxiliary devices (such as TV
antennas) Shall be mou~ted upon any elevation of the dwelling~
(including .roof) which'faces a public street.
14. L~nd§caping shall be installed by Grantee in
accordance with the approved landscaping plan within sixty
(60) days of the issuance of an Occupancy Permit by Peachtree
City, Georgia, a municipal c~rpora~ion, in defaul~ of which'
Grantor shall have the'right, but not the obligation, to enter
upon the site and install said landscaping, any and all costs
incurred thereby becoming due and payable by Grantee within
five (5) days after receipts of written notice therefor.
~5. The entire p~operty 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 other-
wise 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 Grantee
elects not to repair or reconstruct, then Grantee 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 Grantee fail to begin re-
construction or removal within such ninety day period, Grantor
shall have the right, privilege and license, but not the
obligation~, to enter upon the site, remove such damaged or
destroyed structure, and grade the site at Grantee's expense.
Any such expense incurred by Grantor in Grantee's behalf shall
be payable by Grantee within five (5) days after written notice
therefor.
16. Nothing herein contained shall be construed to
prevent the erection or maintenance by Grantor, or its duly
authorized agents, or structures, improvements, or signs
necessary or convenient to the development, sale, operation,
or other disposition of Grantor's property within ·peachtree
City, Georgia..
17. The approval~of~plans or specifications submitted
for approval'as herein specified for use on any lot shall
not be deemed to be a waiver of Grantor'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 other lots.
18. Grantor shall hage the power.and aUthority to approve
or disapprove the plans ahd specifications, and the approval
of said plans, specifications, and pl0t plan may be withh~ld
not only because of the non-compliance with any of the specific
conditions, covenants, and restrictions contained herein, but
also because of the reasonable dissatisfaction of Grantor with
the grading plan, location of the structure on the~site,~the
finished ground·elevation, the color scheme, finish, design,
proportions, architecture, shape, height, style, and appro-
priatness of the proposed structure of altered structures,
materials used therein, the kind, pitch, or type ~f roof
proposed to be placed thereon, the planting, landscaping, size
height or location of trees on the site, or because of its
reasonable dissatisfaction with any or all other matters or
things, which, in the reasonable judgment of Grantor, will
render the proposed improvement inharmonious or out of keeping
· with the general plan of improvement of said property or with
the improvements, erected on other lots..~ ~-.:
19. The failure of G~antor to enforce any cgvenant,
condition, or restriction shall in no event be deemed to be
a waiver of the right to do so %hereafter nor of the right
to enforce any other covenant, condition, or restriction.
20. Every person,who now or hereafter owns or acquires
any right, title, estate, or interest in or to this lot or'
portion thereof is and shall be conclusively deemed to have
· consented and agreed to every limitation, restriction,
easement condition and covenant contained herein, whether or
not any reference to these restrictions is contained in the
instrument by which such person acquired an interes~ in said
lot or any portion of the site.
21. Grantor may, from time to time, at any reasonable
hour or hour~, enter upon and insPect any lot for the purpbse'
of ascertaining compliance herewith.
22. For the purposes of these restrictions, any written
consents or approvals as may be necessary or required hereunder
may be given by such person or entity as the Grantor may from
time to time designate in writing, which designation 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.