Parkgate' ' Declaration of Covenants and Restrictions for ~~ ~' · Parkgate Subdivision: · :.
. 'THIS DECLARATION is made as of the~0+~day of~'~-~=~u-J,
· "1990 by T}{E EQUITABLE LIFE ',ASSURANCE SOCIETY OF' THE UNITED
:' STATES, a New York Corporation (hereinafter called "Declarant").
WHEREAS, Declarant owns certain' lots and blocks: of lots
(hereinafter collectively referred to in the singular as a
.... Lot" and 'in:the' plural as "Lots") and surrounding properties
located' in Land Lot 125' of the' 7th District' of Fayette County,
Georgia~ which' property: 'is more Particularly shown on' that
' certain pl'at~ of survey' of Parkgate Subdivision, recorded in
~PlatI Book '21 · at Pages 128 and 129, Fayette County, ' Georgia
' records~ (hereinafter referred to as the '"Property");'?~and
WHEREAS,' Declarant: desires to establish certain covensnts
and restrictions pertaining to the owner, ship, development,: use
and enjoyment of the Property.
' NOW THEREFORE,
hereinafter stated,
'subjected to the
follows: . ~
'for' and during the term hereof, as
be it hereby declared that the Property is
covenants, conditions and restrictions as
1. ~D_~a_l_ Purpose. Without sp.ecific written
approval front Declarant no portion of the Property shall be
used except for residential purposes; provided, however, that a
commercial builder may use a residential dwelling constructed
by it on a Lot for a sales office so long as it is actively
offering for 'sale houses that it constructed on the Property.
: 2 ' 'ANY STRUCTURE OR IMPROVEMENT CONSTRUCTED ON ANY LOT,
WHETHER TEMPORARY OR PERMANENT IN NATURE, SHALL BE DESIGNED:AND
BUILT IN ACCORDANCE WITH ' THE ARCHITECTURAL GUIDELINES ADOPTED
BY THE ARCHITECTURAL REVIEW BOARD.
' '3. kLQh~_~_tdir_al ' S~n~_~.r~]~.' "No exterior constructi6n,
alteration, addition, or ~erection of any improvements of any
nature .whatsoever, including, without limitation, a change in
the' color of any improvement,' shall be commenced or placed upon
any'Lot,"except.such as is installed by the Declarant, or as is
approved in accordance with this Section, or as is otherwise
expressly permitted herein. No exterior, construction,
addition, erection, or alteration shall be made unless and
until 'such Plans. and speci'fications showing at least the
nature, 'ki'nd, shape, hcigi]t, 'materials, and iocation~sl%all' have
been ~submitted in writing to. and approved.'.by an Arch'itegtural
Review Board' established' by the Declarant The' Dec. larant may
"employ . ~ for the Architectural : Review Board'~ archit'ects,
engineers, or other persons ~..'necessary to 'enable the
Architec.tural Review. Board .to perform ' its '"review' ';'.The
Architectur'al Review Board may, from time to time,,.~e.'legate"any
.of its 'rights or responsibilities hereunder to one ,or more'duly
licenses'"architects or other qualified persons, which 'shall
'have full authority to act on behalf of the Architectural
Review "Board for all matters delegated ~ "The "Architectural
Review: Board shall adopt the' design~and development guidelines
and the~ application and "review 'procedures set forth in"the
Architectural Guidelines. Copies of the' guidelines s~al'l be
available" from the~ Architectural Review Board for review. The
Architectural Review Board ~ shall have sol'e and "full' 'authority
to prepare and to amend the"Architectural Guidelines ' It shall
make, 'the' Architectural Guidelines available ' t~ "owners,
builders,~'.and 'dev.elopers .who 'seek to' engage in d~v~lopme~%ti'of
'provides that a general release does not extend to claims,
demands, and causes of action not known at the time the release
is given.
· 4.. ~? W~ver of Future AuD~_ovals~ The approval of the
'Architectural Review Board of .any proposals or plans~ and
specifications or drawings for any work done or proposed, or in
connection' with any other matter requiring the approval and
consent of such Architectural Review' Board, shall not be deenYud
to constitute a waiver of any right to withhold approval or
consent as to any similar proposals, plans and specifications,
drawings, or matters whatever subsequently or additionally
submitted for approval or consent.
: '5. Var~ianc~'. The Architectural Review Board may
authorize variances from compliance with any of the provisions
of the' Architectural. Guidelines when circumstances such as
topography, natural obstructions, hardship, or aesthetic or
environmental considerations require. Such variances may ,only
be granted, however, when unique circumstances dictate and no
variance shall (a) be effective., unless in writing, (b) be
'contrary to' the restrictions .set= forth in. the body .of this
~ 'Declaration, or (c) estop the Architectural~Review Board.from
denying a variance in other circumstances. For purposes of
~this .Section, the inability to obtain approval of any
igov. ernmental, agency,, the..issuance of any permit,., or the.,terms
"~of ~any"financing shall npt be considered a hardship.warranting
a variance.
~ 6.'~ - ~/~ur_~5~o_~_~. No house shall be constructed 'on any
Lot having an enclosed heated ~rea, exclusiYe of the .garages,
porches and basements of less than 2,000 square feet, nor more
than the maximum square.footage defined and described in the
Architectural Guidelines.
7. "f~Q/h~3~lkG3~i~. .The exterior of all structures must be
completed within one (1) year after the construction of same
shall have commenced (city building permit date), except where
such completion is impossible or would result in great hardship
to the .owner of a Lot or builder due to strikes, fire, national
.emergency, or natural calamities or as such one year period may
be extended by the Architectural Review Board after application
'for such extension is request.ed by any owner or builder of a
Lot'.
8. Fence ~LD_~. No fence or Wall of any kind sholl
be erected, be§un, or permitted to remain upon any'portion of
any Lot'unless and until ,plans are submitted to.and approved by
the Architectural Review Board, its agents, successors, or
assigns.
9. '.SiGns. Without specific written approval from the
Architectural Review Board no sign may be .displayed ito the
public view on any Lot. All signs must be professionally
p~epar~d. ..
10. Subdivision of Lots. No Lot shall be subdivided in
any way for sale, resale, gift, transfer, or other purposes,
except w~th the written approval of Declarant.
11. Boats and Trailers. No boat trailer, house trailer,
trailer,, or any similar items shall be stored or parked-on'any
Lot except within an approved enclosed garage or otherwise
screened from public view. In addition, no automobiles,
trucks, or other motorized, vehicles may be kept outside a
garage unless such vehicles are..operative and have.up-to-date
licenses. Boats and recreational vehicles~ must ~be stored in
enclosed garages or otherwise screened from public'view.
12.' Tr~.. No trees shall be. removed from any Lot without
written authorization from'.the Architectural Review Board, who
~.~ ~--,,..~- , ~. ~.~ ~': ~'1.
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