Loading...
Overlook~EED RESTRICTIONS The Overlook 1. Without specific written approval from Garden Cities Corporation, no portion of the lot shall be used :xcept for resi- dential purposes. 2. No alterations shall be made to the site until site plans are approved by Garden Cities Corporation, which shall have the right to establish and amend procedures and standards to guide its review of site plans. In particular, no clearing or grading shall take place until Garden Cities Corporation has approved ~ite plans. 3. No building, structure, alteration, addition, or im- provement of any character other than interior alterations not affecting the external appearance of a building or structure shall be constructed upon any portion of the lot unless and until a ~lan of such construction shall have been approved by Garden Cities Corporation, its agents, successors, or assigns. Garden Cities Corporation shall have the right to establish and amend design review procedures and standards to guide the enforcement of these provisions. Plans shall be judged as to quality of design and materials, harmony of external design with surrounding structures or with the planned character of the neighborhood, location wit~ respect to topography and finished grade elevation, the effect of the construction on the view from surrounding property, and all other factors which will in Garden Cities Corporation's opin- ion affect the desirability or suitability of the construction. As a minimum, final plans and specifications shall show the nature. kind, shape, height, materials, basic exterior finishes and color'., location, floor plans, and elevations of the proposed structur' or structures. 4. All exterior materials shall be natural in both c~:,,F~ sition and color. Exterior materi~ls shall be wood, stone, and brick, plus others which are approved by Garden Cities Corporat or Exterior colors shall be earth tones approved by Garden Cities Corporation. Approved exterior color schemes may not be change. without Garden Cities' written approval. 5. The exterior of all structures must be completed within one (1) year after the construction of same shall have c~m- menced (building permit date), except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fire, national emergency, or natural calamities. 6. No fence or wall of any kind shall be erected, begun, or permitted to remain upon any portion of the lot unless and .,~- til plans are submitted to and approved by Garden Cities Corpora- tion, its agents, successors, or assigns. 7. Without specific written approval from Garden Cities Corporation, no sign may be displayed to the public view on the lot, except for temporary signs not exceeding four (4) square feet advertising the property for sale or rent. All signs must be professionally prepared. 8. The lot shall not be subdivided in any way for sale, resale, gift, transfer~ or other purpose, except with the written approval of Garden Cities Corporation, its agents, successors, or assigns. ' g. NO boat tr.i'o~', house tratler, trailer, or any imi lar items shall be store.! .r parked nn the lot except within an approved enclosed earage .... ;:.~rport. In addit.ion, no automobiles,i trucks, or other motoriz:.'. ':~,hicles may be kept outside a garage or Carport unless such vehicles have up'to-date' plates and in- '~ s)ection stickers. Boats and recreational vehicles must be stored~ in enclosed garages or carpor, ts. '10. No tree having a diameter of six inches (6") or greater (measured at a point 12" above ground level) shall be removed from the lot without written authorization ~rom Garden Cities Corporation, which may adopt and promulgate rules and regulatio'ns for the preservation of trees and other natural features of the lot. Garden Cities Corporation may also designate certain trees - regardles.~ of size as not removable without written authorization. ll. During the course of construction on the lot, no temporary building trailer, garage, or structure shall be used, temporarily or permanently, as a residence. '12. 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 the one year construction period (during actual construction). In ad- dition, during construction, the building materi-als on the lot shall be placed and kept in a reasonabily orderly fashion. Specifically, during weekends all materials shall be neatly stacked or placed, and any trash or waste materials shall be removed. Refuse, trash, er construction materials shall not be b~ried on the lot. 13. Prior to the occupancy of a residence on the lot,. proper and suitable provision shall be made for the disposal of sewage by connection with the sewer mains of the Georgia Utilities Company, its successors, or assigns. 14. No fuel tanks or similar storage receptacles may be exposed to view. Such receptacle.s must be installed within th~ main dwelling, an accessory building, a screened area, or buried underground. Any.exterior installation is subject to Garden Cities Corporation approval. No auxiliary devices (such as TV antennas shall be mounted upon any elevation of the dwelling (~n- cluding'roof) which faces a street. 15. The lot shall be landscaped within sixty (60) d~,ys of the issuance of an Occupancy Permit by Peachtree City. This landscaping must be done in accordance with a plan prepared b9 a landscaping professional and approved by Garden Cities Corpora- tion. 16. The entire lot shall at all times be kept in a clea,~ and well-maintained condition. All landscaped areas shall be groomed and maintained at all times. No building or structure shall'be permitted to fall into disrepair, and each such build:~,g and structure shall at all times be kept in good condition and repair and adequately paint, ed or otherwise finished. In the e.' nt of damage or destruction to any such building or structure, such building or structure may be repaired or reconstructed in accor-. dance with previously approved plans and specifications. , 17. Nothing contained in these Restrictions shall be construed to prevent the erection or maintenance by Garden Cities Corporation or its duly authorized agents, of structures, impr~ ~e- ments, or signs necessar.y or convenient to the development~ sal~, operation or other disposition of Garden. Cities Corporation pr~)pe~ within Peachtree City. 18. 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 Garden Cities Corporation's right to object..to any of the featnres or elements embodied' in such plans or specifications, if or when the same features or elements are embodied in any subsequent plans and specifications submitted for approval as herein provided for use on this lot or other lots. Ig. hardnn I;il: ~ r~),~pnraLir!rl .~h;:il have the authority %o withhold approval r,f ~ I, lans r)r specifications required by these Restrictions. Appr',,.al may he withheld because of non- compliance with any of t~, specific conditions, covenants, and restrictions contained ir. thes~ Restrictions. Approval may also · be withheld because, in 1he reasonable judgment' of Garden Cities Corporation, the grading, the location of the structures on the site, t'he finish floor elevation, the color scheme, the exterior materials and finish, the design, proportions, architecture, shape,, )]eight, style, and appropriateness of the proposed structures or altered structures, the kind, pitch, or type roof proposed For the structures, the landscapin~ scheme, or any other pertinent condition will render the proposed improvement inharmonious or out-of-keeping with the general plan of improvement of the property or with the planned or established character of the surrounding neighborhood. 20. The failure of Garden Cities Corporation or its successors or assigns to enforce any covenant, condition, or restriction shall in no event be deemed to be a waiver of the right to do so thereafter nor of the right to enforce any covenant~, condition, or restriction. 21. Every person who now or hereafter owns or acquires any right, title, estate, or interest in or to the lot or portion ~ of the lot.is and shall be conclusively deemed to have consented and agreed to every limitation, restriction, condition, and cov- enant contained · herein, whether or not any reference to these Restrictions is contained ~n the instrument by which such person acquired an interest in s~id lot or any portion of the lot. 22. Garden Cities Corporation may, from time to time, at any reasonable hour or hours enter upon and'inspect the lot subject to these Restrictions for the purpose of ascertaining compliance therewith. GARDEN CITIES CORPORATION SHALL NOT BE LIABLE TO ANY PERSON WHOMSOEVER FOR ANY VIOLATIONS OF THESE RESTRICTIONS AND GARDEN CITIES CORPORATION DOES NOT WARRANT TO GRANTFE OR ANY SUB SEQUENT GRANTEE OR ANY OTHER PRESENT OR FUTUR[ LOt OWNER ThAT THESE RESTRICTIONS WILL BL ENFORCED ¥JlTH REGARD TO THIS LOT OR ANY OTHER LOT. THE INITIATION AND ENFORCEMENT FROM TIME TO TIHE BY GARDEN'CITIES CORPORATION OF THE ABOVE 'RESTRICTIONS ItAS BEEN FOR ITS SOLE BENEFIT AND CONTROL AND GARDEN CITIES CORPORATION SPECIFICALLY DISAVOWS ANY OBLIGATION II4PLIED OR OTtlERWISE TO MAINTAIN TItESE RESTRICTIOliS: HOWEVER THIS SHALL NOT PRECLUDE OP PREVENT ANY PROPERTY OWNER FROM ENFORCING THESE RESTRICT!OHS WHEN APPLICABLE AGAINST ANY OTUER PROPERTY OWNER OTHER THAN GARDEN CITIES CORPORATION. Invalidation of any of the foregoing restrictions, o,' any part thereof, by judgment or court order', shall in nowise ~F- fect any of the other restrictions which shall remain in full force ahd effect. Said restrictions shall be covenants running with the land and shall be binding on the Grantee and ali perso~s claiming all or any part of the lot under him until twenty (20) years from the date hereof. AND THE'GRANTOR, for itself, its successors and assiqns 'will warrant and forever defend the right and title, to the abort described land unto the Grantee his heirs and assigns, against the claims of all persons claiming by, through or under Grantor. IN WITNESS WHER[UF, the Grantor has caused this Indel,- ture to be executed I)y its duly authorized officer or officers .and its corporate seal to be hereunto affixed the day and year above written. .Signed, sealed and delivered in the presence of: GARDEN CITIES CORPORATION By: Notary Pnhlir Attest: