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Honeysuckle RidgeDeclaration of Covenants and Restrictions for Honeysuckle Ridge subdivision . . ~ THIS DECLARATION is made as of the/~ ' "-'day of My v~c~//,)~.,~dy, 1992 by THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNIT~./~STATES, a New York Corporation (hereinafter called "Declarant"). L~.t~_. ~ .. ~U.~ii 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 properties located in Land Lot 157 of the 7th District of Fayette County, Georgia which property is more particularly shown on that certain plat of survey of Honeysuckle Ridge Subdivision, recorded in Plat Book 2~ at Pages 80-~1~ Fayette County, Georgia records {hereinafter referred to as 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. without specific written approval from Declarant no portion of the Property shall be used except for residential purposes; 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 it constructed on the Property. 2. ANY STRUCTURE OR IMPROVEMENT CONSTRUCTED ON ~dgY LOT, WHETHER TEMPORARY OR PERM~dqENT IN NATURE, SHALL BE DESIGNED ~ND BUILT IH ACCORDANCE WITH THE ARCHITECTURAL GUIDELINES ADOPTED BY THE ARCHITECTURAL REVIEW BOARD. 3. Architectural Standards. No exterior construction, alteration, 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 bec]_arant, or as 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 Review Board established by the Declarant. The Declarant may employ for the Architectural Review Board architects, engineers, or other persons necessary to enable the Architectural Review Board to perform its review. The Architectural Review Board may, from time to time, delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qualified persons, which shall have full authority to act on behalf of the Architectural Review Board for all matters delegated. The Architectural Review Board shall adopt the design and development guidelines and the application and review procedures set forth in the Architectural Guidelines. Copies of the guidelines shall be available from the Architectural Review Board for review. The Architectural Review Board shall have sole and full authority to prepare and to amend the Architectural Guidelines. It shall make the Architectural Guidelines available to owners, builders, and developers who seek to engage in development of or construction upon all or any portion of the Property and such owners, builders and developers shall conduct their operations strictly in accordance therewith. The Declarant shall have the right to appoint all members of the Architectural Review Board. There shall be no surrender of this right except in a written instrument in recordable form executed by Declarant and recorded in the Land Records of the Clerk of the Superior Court of Fayette County, Georgia. Upon the surrender of such right, each year the resident owners of all the Lots comprising the Property shall by majority vote appoint for a one year term three (3) resident owners to serve as the members of the Architectural Review Board. The Declarant hereby appoints Peachtree City Development Corp. as the sole member of t~e Architectural Review Board to serve in such capacity for the term of this Declaration, unless such appointment is sooner terminated in writing by the Declarant, its successors or assigns, and either (i) a new person or entity is appointed by the Declarant or (ii) the Declarant surrenders its right hereunder to appoint the mer~ers of the Architectural Review Board. In the event that the Architectural Review Board fails to approved or to disapprove submitted plans and specifications within ten (10) business days after the plans and specifications have been submitted to it, such approval shall be deemed to have been given, but as to any such approval the Lot owner, his successor and assigns shall be bound by and shall comply with all other provisions of this Declaration. As a condition of approval under this Section, an owner of a Lot shall assume all responsibilities for maintenance, repair, replacement, and insurance to and on any change, modification, addition, or alteration. The Architectural Review Board shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations, and it shall be entitled to stop any construction in violation of these restrictions. Any member of the Architectural Review Board or its representatives shall have the right, during reasonable hours and after reasonable notice, to enter upon any Lot to inspect 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 noncompliance with this Section, the Architectural Review Board may record in the appropriate land records a notice of violation hereunder naming the violating owner. Plans and specifications are not approved by engineering or structural design or quality of materials, and by approving such plans and specifications neither the Architectural Review Board, the members thereof, ~Lor the Declarant assumes liability or responsibility therefor, nor for any defect in any structure constructed from such plans and specifications. Neither Declarant, the Architectural Review Board, nor their officers, directors, members, employees and agents shall be liable for damages to anyone submitting plans and specifications for approval, or to any owner of property affected by these restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every owner of a Lot agrees that he will not bring any action or suit against Declarant, the Architectural Review Board, or their officers, directors, members, employees and agents to recover any such damages and hereby releases, remises, quit-claims, and covenants not to sue for all claims, demands, and causes of action arising out of or in connection with any judgment, or nonfeasance and hereby waives the provisions of any law which provides 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 any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of such Architectural Review Board, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent. 5. Variance. The Architectural Review Board may authorize variances from compliance with any of the provisions of the Architectural Guidelines when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) b~ 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. Square Footage. No house shall be constructed on any Lot having an enclosed heated area, exclusive of the garages, porches and basements of less than 1,600 square feet. AA923'170,027 - 2 - 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. Sig.ns. 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. sale, resale, gift, transfer, approval of Declarant. No Lot shall be subdivided in any way for or other purposes, except with the written 11. Boats and Trailers. 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 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 residence. 14. Storage. No 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 construction). In addition, during construction the building materials on any Lot shall be placed and kept in an orderly fashion. Specifically, any Lot on which construction is in progress shall be policed prior to each weekend; during the weekend, all materials shall be neatly stacked or placed, and any trash or waste materials shall be removed. 15. Fuel Tanks and Antennas. All fuel tanks or similar storage receptacles must be screened from 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 Architectural Review Board's approval. 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. Landscaping. 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. All landscaped areas shall be well groomed and AA923170.027 - 2, - 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 PART IN VIOLATION THEREOF OTHER THAN DECLARANT. ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COST) INCURRED BY THE DECLARART, 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. There is located across the rear portion of Lots 21 through, and including, Lot 35 a twenty (20) foot access easement area (the "Access Easement Area"} as shown on that certain plat of survey recorded in Plat Book 23 at pages 80-81, Fayette County, Georgia records in which there has been, or will be, installed and constructed a paved access way (the "Access Way"~ which will provide a means of ingress and egress to and from each such lot and Honeysuckle Lane to the west and Sweetbriar Street to the east. The owner of each of Lot 21 through, and including, Lot 35 shall have, and there is hereby reserved in favor of each such owner, an easement over and across the Access Way for ingress and egress to and from the lot of each such owner and Honeysuckle Lane and Sweetbriar Street, all subject to the provisions of this paragraph. The initial construction of the Access Way in the Access Easement Area shall be at the sole cost and expense of Declarant or its designee and thereafter the Access Easement Area, and Access Way constructed therein, shall remain a private access way and each User (as herein defined) shall be responsible for such User's share of the cost, on the basis hereinafter provided, of the maintenance and repair of the Access Way located within the Access Easement Area; maintenance and repair costs of the Access Way shall be shared by each User equally for each User Parcel (as hereinafter defined} then owned by that User. Within ten days after the receipt of a statement of the cost of any maintenance and repair work (including an itemization of the actual expenses incurred and copies of all invoices}, the User who performed, or arranged for the performance of, the work shall be reimbursed by the other Users on the basis stated above. If such User or Users, or any of them, shall fail, for a period of thirty days after receipt of the notice of such cost, to reimburse its share of that cost, the right of the User failing to make such reimbursement to use the Access Way shall abate until such payment is made. The User to whom such reimbursement is due shall have the right to take such legal action to recover such costs as may be available under the laws of the State of Georgia and any such costs not paid when due shall constitute a lien upon the property of the delinquent User, but only to the extent that a document, other than this document, shall have been filed for record in the office of the Clerk of the Superior Court of Fayette County, Georgia evidencing that lien. Notwithstanding anything contained herein to the contrary, except in the event of an emergency requiring immediate repair, no User shall undertake any ~epairs to the Access Way without first having given the other Users fifteen (15) days prior written notice specifying the work to be performed and the estimated costs thereof; any User who fails to object to the performance of the work specified in such notice within the aforesaid fifteen (15) day period shall be deemed to have consented to the same. If any User or Users shall object to the performance of such work and such User or Users and the other Users are unable to otherwise agree on what work, if any, is necessary and the manner in which such work will be performed, the matter will be determined by the majority vote of all Users with each User having one vote for each User Parcel then owned by that User; if any User shall abstain from voting or refuse to vote, that User shall be deemed to have cast a vote in favor of the performance of the work for which the vote is taken. For the purposes of this provision, the term "User Parcel" shall mean each of Lot 21 through, and including, Lot 35 and the term "User" shall mean the owner of each of those Lots. 25. 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. ~uny amendment to this Declaration shall only be effective upon the filing of an instrument in the Fayette County Land Records. 26. Severabilit¥ and Term. Invalidation of any of the foregoing restrictions, or any part thereof, by judgmen[ or court order, shall in nowise AA923170.027 BOOK ?68P E 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 zecorded 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. IN WITNESS WHEREOF, this document has been executed and sealed as of the day and year first above written. presence this [~-;~ day of ~ ~ ,.'~7 :' Not~ Public, D orgfa My ~ommission Expires July 17, THE EQUITABLE LIFE ASSUP~NCE SOCIETY SOCIETY OF THE UNITED STATES By: . .. Robert E. Throwet'.' .'. I ts: Invn.~tment Officer: (CORPORATE... ,. iS ,~ ). ,. · :'"":" ' r,) ' · : %'. ,.",~ :4) :. :, b': r./2 · - 6 - AA923170.027