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Lake Peachtreex Rules & RegulationsFILED & RECOi{DED Peachtree City Development Corp. FAYETTE ¢C[~TY. r,A. . Declaration of Covenan & Deed R icfions 9 8 37 For Lake Peach W.~. 8ALLA~, CLERK ~S D~~ON is ~e ~ of~ ~ ~yof ~ P~~ CI~ HO~GS, ~C, a ~ Limi~ L~ CO~ ~,~"). . . WHEREAS, Declarant owns certain lots and blocks of lots (herelnaRer collectively referred to in the singular as a "Lot' and in the plural as 'Lots') Lots 27. 2S & 29 located in Land Lot 12S of the 7th District of Fayette County, Georgia which property is more parfiod_a_rly shown on thnt ~ plat of survey of Peachuee Co .r~oration of Geor_tzi~ Section Two recorded in Plat Book 4 at Page 50 . Fayette County, Georgia records (hereinafter referred to as the 'Propenyg; and WHEREAS, Declarant desires to establish certain covenants and restrictions pertaining to the ownership, development, use and enjoyment of the Property. NOT THEREFORE, for and during the term hereof; u hereinafter stated, be it hereby declared that the Property is subjected to the covenants, conditions and restrictions as follows: W'nhout specific written approval from Peachtree City Development Corporation 'PCDC", no portion of the lot shall be used except for residential proposes. No atterations shall be made to the site until site plans are approved by PCDC, which shall have the fight to establish and amend procedures and standards to guide its review of site plans. In particular, no clearing or grading shall take place until PCDC has approved site No building, structure, alteration, addition, or improvement of any character other than interior alterations not affecth~ the external appearance of a 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 assiSns 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 judsed as to quality of design and materials, harmony of external design with sunounding structures or with the plsnned character of the neighborhood, location with respect to topography and finished grade elevation, the effect oftbe construction on the view from surrouncliag property, and all other factors which will in PCDC's opinion, affect the desirability or suitability of the construction. As a roL~num, tlnal plans and specifications shall show the nature, kind, shape, height, materials, basic exterior finishes and rotors, location floor plans, and elevations oftbe proposed structure or structures. The minimum floor area for the main structure on the lot shall not be less than 2300 square feet of habitable, heated space. The exterior of all sl~uctures must be completed within one (1) year after the construction of same shall have commenced (buildin8 permit date), except where such completion is impossible or would result in great hardship to the owner or builder due to swikes, Se, national emergency, or natural calamities. 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 submitted to and approved by PCDC, its agents, successors, or assi~s, 6S6 10. !1. 12. 13. 14. 15. 16. Without specific written approval from PCDC, no sign may be displayed to the public view on the lot, except for temporary signs not ~xc~in~o four (4) ~!1111~ ~ advertisiug the property for sale or rent. All si~m., must be professionally prepared. The lot shall not be subdivided in any way for sale, resale, girt, transfer, or other purpose, except with the written approval of PCDC, its agents, successors, or essi s. No boat trailer, house trailer, traile~, or any similar items sh*3_l 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 inspection stickers. Boats and recreational vehicles must be stored in enclosed garages or carportz. No tree having a diameter of six inches (6") or greater (measured at a point 12" above ground level) shall he removed from the lot without written authorization from PCDC which may adopt and promulgate rules and regulations for the preservation of trees and other natural features of the lot. PCDC may also designate certain trees - regardless of size - as not removable without written authorization. During t_he course of construction on the lot, no temporary building trailer, garage, or structure shall be used, temporarily or pernmnently, as a residence. 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 construction. In addition, the building materials on the lot ~&nll 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. Prior to the occupancy ora residence on the lot, proper and suitable provision shall be made for the disposal of sewage by connection with the sewer mah~ of the Peachtree City Water and Sewer Authority, its successors, or aasi~.~ No filel tnnk.~ or .slmilnr storage receptacles may be exposed to view. Such receptacles must be imtalled within the main dwelling, an accessory building, a screened area, or buried underground. Any exterior installation is subject to PCDC approval. No radio or TV receiving or transmission antenna or dish antenna shall be permitted without PCDC approval. No "aerial" type TV antenna shall be permitted. In the event any such antenna or dish is approved, the maximum height shall be 35 feet above the elevation ~ade line and shall not be visible from the street. The lot shah be landscaped within thirty (30) 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 professiotnl and approved by PCDC. 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 t_imes. No building or structure shall be permitt_~_ to fall into dlsr~ir, and each such build_ing and structure shall at all times be kept in good condition and repair and adequately painted or othenvise 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. Nothing contained in these Restrictions shall be construed to prevent the erection or maintenance by PCDC or its duly authorized agents, of structures, improvements, or si~, necessary or convenient to the development, sale, operation or other disposition of PCDC property within Peachtree City. 687 17. 18. 19. 20. 21. 688 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 PCDC's right to object to any of the features or elements ~mbodied in such plans or specifications, if or wh~ the s~me ~atures or elements are embodied in any subsequent plans smd specifications submitted for approval as herein provided for use on this lot or other lots. PCDC shall have the authority to withhold approval of any plans or specifications required by these Restrictions. Approval may be withheld because ofnon-complinnce with any of the specific conditions, covenants, and restrictions contained in these Restrictions. Approval may also be withheld because, in the reasonable judgement of PCDC, 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 landscapinE scheme, or any other pertinent condition will render the proposed improvement inhnrmonious or out-of-keeping with the general plan of improvement of the property or with the planned or established character of the surrounding neighborhood. The failure of PCDC or its successors or ass~n.~ to enforce any covenant, condition, or restriction shall in no event be deemed to be a waiver of the fisht to do so thereaRer nor of the riF~t to enforce any covenant, condition, or resuiction. Eve~ person who now or hereaRer owns or acquires any right, title, estate, or interest in or to the lot or portion of the lot is and shall be conclusively dee~ed to have consented and agreed to eve~] limitation, restriction, condition, and cove-~nt contained herein, whether or not any reference to these Restrictions is contained in the inst.mment by which such person acquired an interest in said lot or any portion of the lot. PCDC may, fi.om time to time, at any reasonable hour or hours, enter upon and inspect the lot subject to these Restrictions for the purpose of ascert~inino~ compliance therewith. PEACH'rg~F. CITY DEVELOPMENT CORP SHALL NOT BE LIABLF. 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 WH.L 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 SPECIHCALLY 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 APPLICABLF. AGAINST ANY OTHER PROPERTY OWNER OTHER THAN PCDC. Invalidation of any of the foregoing restrictions, or any part thereof, by judgement or court order, shall in nowise effect 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 bindin8 on the Grantee and ail persons claiming all or any part of the lot under him until twenty (20) years fi.om 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 as.sioofls, 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 affixed the day and year above written, Sisned, sealed and delivered in the presence of: . Notary Public PEACI-FrREE CITY DEVELOPMENT CORP. Its: O State of Georgia County of Fayette DECLARATION OF CO~'ENANTS AND P~F~TRICTIONS FOR LOT 21 AND 22 OF LAKE PEACHTRRR SUBDIVISION This Declaration is made as of the 13th day of May, 1988, by Les Fisher, a resident of Fayette County, Georgia, (hereinafter called "Declarant"). '-~' W I TNE S SETH: Whereas, Declarant is the owner in fee simple of all that t~act or parcel of land lying and being in Land Lot 51 of the 6th District of Fayette County, Georgia, and being Lot 21 and 22, Block A of Lake Peachtree Subdivision, Section 13, as per plat of survey recorded in Plat Book 8, Pages 80 and 81, records of the Clerk of the Superior Court of Fayette County, Georgia (hereinafter referred to as the "Property"); and Whereas, Declarant desires to establish certain covenants and restrictions pertaining to the 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: The two original lots comprising the Property are hereby combined as one building lot, and only one residential dwelling may be constructed on the Property, despite the fact that the Property was originally platted as two building lots. This' covenant resulted from a compromise agreement between The Equi- table Life Assurance Society of the United States and the as- sociation formed by the residents of the neighborhood in which the Property is located. 2. No house shall be constructed on the Property having an' enclosed heated area, exclusive of the garages, porches and base- ments of less than 1600 square feet. Except as may be in conflict herewith, the Restrictive Covenants set forth in that certain Limited Warranty Deed dated November 20, 1987, by and between The Equitable Life Assurance Society of the United States and Les Fisher, recorded in Deed Book 477, Page 749, e__t seq., shall remain in full force and ef- fect against the Property. Invalidation of any of the foregoing restrictions, or any part thereof, by judgment or court order, shall not affect 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 all owners and occupants of all or any portion of the Property for a period of twenty years from the date hereof. In witness whereof, this document has been executed and sealed as of the date and year first above written. Notary Public. Fayette County, Georgia My Commission Expires Sept. 3, 1991 Date GEORGIA; Fayettc County Clerk's O~ce Sur.,er':or Court Kecordedi~ ~oc,~ ~DO ?age This /~ay of ~ ~ 19 Clerk