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DECLARATION OF COVENANTS
<br />
<br /> AND RESTRICTIONS
<br />NORTH PEACHTREE ESTATES{
<br />
<br />PHASE 2
<br />
<br /> THIS DECLARATION is made as of the 28th day of February,
<br />1983, 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 92, 93, 100 and 101
<br />of the District of Fayette County, Georgia which property is more
<br />.particularly shown' on that certain plat of survey of North
<br />Peachtree Estates Subdivision, Phase 2, recorded in Plat Book 13
<br />at pages 178 and 179, Fayette County, Georgia records
<br />(hereinafter referred to us the "Property") and
<br />
<br /> WHEREAS, Developer desires to establish certain covenants and
<br />restrictions pertaining to the use and enjoyment of the 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
<br />portion of the property shall be
<br />purposes.
<br />
<br />approval from Developer no
<br />used except for residential
<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 one story house shall be constructed on any lot
<br />having an enclosed heated area, exclusive of garages, porches and
<br />basements, of less than 2,000 square feet and no two story house
<br />shall be constructed on any lot having any enclosed heated area,
<br />exclusive of garages, porches and basements, of less than 2400
<br />square feet.
<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 />
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