Lake Forest Cove DECLARATION OF
COVENANTS, CONDITIONS AND .RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth
by ABERDEEN BUILDING SERVICES, INC., hereinafter referred to as
"Declarant".
WITNE S SETH:
WHEREAS, Declarant is the owner of certain real property in
PeaChtree City, Fayette County, State of Georgia, which is more
particularly described as follows:
Ail that tract or parcel of land lying and being
in Land Lots 51, 96 and 97 of the Sixth ano Seventh
Districts of Fayette County, Georgia, and being
designated as Lots 1-32, Lake Forest Cove, as
shown on that Plat of survey , prepared on July 2,
1979 by J.R. Wood, Registered Land Surveyor #2048,
said Plat recorded July 20, 1979, in Plat Book 11,
Pages 172 and 173, Fayette County Records, which
Plat is hereby referred to and made a part of this
description.
WHEREAS, Lake Forest Cove is intended as a place of residence
for adults who desire to live in an area undisturbed by Children;
and
WHEREAS, the dwelling plans and lot size afforded in Lake
Forest Cove are specifically designed to provide the space and
features required by adult residents; and
WHEREAS, the housing interests and needs of older adults
differ from families with children; and
WHEREAS, it appears that there is no shortage of housing in
the Peachtree City area for families with children:
NOW THEREFORE, Declarant hereby declares that all of the
properties described above shall be held, sold, and conveyed
subject to the following restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability
of, and which shall run with the real property, and be binding
on all parties having any right, title, or interest in the described
properties or any part thereof, their heirs, successors, and
assigns, and shall inure to the benefit of each Owner thereof.
Page 1
210
AGE RESTRICTION
Residence or occupancy of any lot in Lake Forest Cove is
restricted to adults Eighteen (18) years or older, it being in-
tended that Lake Forest ·Cove be established as an Adult Co,~,munity
to fulfill the legitimate needs of purchasers, who seek to reside
in a co~unity free from the noise and distraction of neighborhood
children,
2.
TERM
The Covenants and Restrictions of this Declaration shall
run with and bind the land, for a term of twenty (20) years from
the date that this Declaration is recorded after which time they
shall be automatically extended for successive periods of Ten (10)
years,
3.
AMENDMENT
This Declaration may be amended during the first Twenty (20)
years by an instrument signed by not less than Ninety (90%) per
cent of the lot owners, and thereafter by an instrument signed by
not less than Seventy-Five (75%) per cent of the lot owners. Any
ameniment must be recorded.
4.
· ENFORCEMENT
In the event of any violation or threatened violation of
any of the covenants herein, the Declarant or any owner of any lot
in Lake Forest Cove, may brir, g actions at law or in equity, either
for injunction, action for damages or such other remedy as may be
available. In the event the Complaintant recovers judgment against
any person or entity for a violation of the covenants herein, the
Complaintant shall also be entitled to recover from such person or
entity reasonable attorney's fees.
DECLARANT'S DISCLAIMER
ABERDEEN BUILDING SERVICES, INC. shall not be liable to any
person whomsoever for any violations of these restrictions and
ABERDEEN BUILDING SERVICES, INC. ~oes not warrant to subsequents
grantees or any present or future lot owner that these restrictions
will be enforced with regard to any lots in Lake Forest Cove.
ABERDEEN BUILDING SERVICES, INC. specifically disavows any obll-
gation, 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.
IN WITNESS WHEREOF, the Declarant affixes its hand and
seal this ~~-C~'' day of~L~~.5 , 1979.
Signed, sealed and delivered
in the presence of:
Unofficial ' Witne's s~'~~''' J'
GEORGIA, Favette County
· .. ~.~ o..~,~,0- .,_,0111"~.
Filed for rccc..,
Cie?k
ABERDEEN BUILDING SERVICES, INC.
: R~kow, 'Pres ident
ATTEST: ~z~~~~
Secretary
(Corp. Seal)
Page 3