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DECLA~ATION OF COVENANTS <br /> <br /> AND RESTRICTIONS FOR <br />THE MARKS-NORTH SUBDIVISION <br /> <br /> THIS DECLARATION is made as of the 1st day of October <br />1986, by THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED <br />STATES, a New York Corporation (hereinafter called "Developer"). <br /> <br />WITNESSETH: <br /> <br /> WHEREAS, Developer owns certain lots and blocks of lots and <br />surrounding properties located in Land Lots 25, 26, 36, and 37 of <br />the 6th District of Fayette County, Georgia which property is <br />more particularly shown on that certain plat of survey of The <br />Marks-North Subdivision, recorded in Plat Book 17 at pages 54, 55 <br />and 56, Fayette County, Georgia records (hereinafter referred to <br />as the "Property") and <br /> <br /> WHEREAS, Developer desires to establish certain convenants <br />and restrictions pertaining to the use and enjoyment of the <br />Property; <br /> <br /> NOW THEREFORE, for and during the term hereof, as hereinafter <br />stated, be it hereby declared that the Property is subjected to <br />the covenants, conditions and restrictions as follows: <br /> <br /> 1. Without specific written approval from Developer no <br />portion of the Property shall be used except for residential <br />purposes. <br /> <br /> 2. No alterations shall be made to any lot until site plans <br />are approved by Developer, who shall have the right to establish <br />and amend procedures and standards to guide its review of site <br />plans. In particular, no clearing or grading shall take place <br />until Developer has approved site plans. <br /> <br /> 3. No building, structure, alteration, addition, or <br />improvement of any character other than interior alterations not <br />affecting the external appearance of a building or structure <br />shall be constructed upon any lot unless and until a plan of such <br />construction shall have been approved by Developer. Developer <br />shall have the right, but not the obligation, to establish and <br />amend design review procedures and standards to guide the <br />enforcement of these provisions. Plans shall be judged as to <br />quality of design and materials, harmony of external design with <br />surrounding structures or with the planned character of the <br />neighborhood, location with respect to topography and finished <br />grade elevation, the effect of the construction on the view from <br />surrounding property and all other factors which will in <br />Developer's opinion affect the desirability or suitability of the <br />construction. As a minimum, final plans and specifications shall <br />show the nature, kind, shape, height, materials, basic exterior <br />finishes and colors, location, floor plans, and elevations of the <br />proposed structure. <br /> <br /> 4. No house shall be constructed on any lot having an <br />enclosed heated area, exclusive of the garages, porches and <br />basements of not less than 1,500 square feet for a one story <br />house and 1,650 square feet for a two story house. <br /> <br /> 5. The exterior of all structures must be completed within <br />one (1) year after the construction of same shall have commenced <br />(building permit date), except where such completion is <br />impossible or would result in great hardship to the owner or <br />builder due to strikes, fire, national emergency, or natural <br />calamities. <br /> <br />(1) <br /> <br /> <br />