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' ' Declaration of Covenants and Restrictions for ~~ ~' · Parkgate Subdivision: · :.
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<br /> . 'THIS DECLARATION is made as of the~0+~day of~'~-~=~u-J,
<br />· "1990 by T}{E EQUITABLE LIFE ',ASSURANCE SOCIETY OF' THE UNITED
<br />:' STATES, a New York Corporation (hereinafter called "Declarant").
<br />
<br /> WHEREAS, Declarant owns certain' lots and blocks: of lots
<br /> (hereinafter collectively referred to in the singular as a
<br />.... Lot" and 'in:the' plural as "Lots") and surrounding properties
<br /> located' in Land Lot 125' of the' 7th District' of Fayette County,
<br /> Georgia~ which' property: 'is more Particularly shown on' that
<br /> ' certain pl'at~ of survey' of Parkgate Subdivision, recorded in
<br /> ~PlatI Book '21 · at Pages 128 and 129, Fayette County, ' Georgia
<br /> ' records~ (hereinafter referred to as the '"Property");'?~and
<br />
<br /> WHEREAS,' Declarant: desires to establish certain covensnts
<br /> and restrictions pertaining to the owner, ship, development,: use
<br /> and enjoyment of the Property.
<br />
<br /> ' NOW THEREFORE,
<br />hereinafter stated,
<br />'subjected to the
<br /> follows: . ~
<br />
<br /> 'for' and during the term hereof, as
<br /> be it hereby declared that the Property is
<br />covenants, conditions and restrictions as
<br />
<br /> 1. ~D_~a_l_ Purpose. Without sp.ecific written
<br /> approval front Declarant no portion of the Property shall be
<br /> used except for residential purposes; provided, however, that a
<br /> commercial builder may use a residential dwelling constructed
<br /> by it on a Lot for a sales office so long as it is actively
<br /> offering for 'sale houses that it constructed on the Property.
<br />
<br /> : 2 ' 'ANY STRUCTURE OR IMPROVEMENT CONSTRUCTED ON ANY LOT,
<br /> WHETHER TEMPORARY OR PERMANENT IN NATURE, SHALL BE DESIGNED:AND
<br /> BUILT IN ACCORDANCE WITH ' THE ARCHITECTURAL GUIDELINES ADOPTED
<br /> BY THE ARCHITECTURAL REVIEW BOARD.
<br />
<br /> ' '3. kLQh~_~_tdir_al ' S~n~_~.r~]~.' "No exterior constructi6n,
<br /> alteration, addition, or ~erection of any improvements of any
<br /> nature .whatsoever, including, without limitation, a change in
<br /> the' color of any improvement,' shall be commenced or placed upon
<br /> any'Lot,"except.such as is installed by the Declarant, or as is
<br /> approved in accordance with this Section, or as is otherwise
<br /> expressly permitted herein. No exterior, construction,
<br /> addition, erection, or alteration shall be made unless and
<br /> until 'such Plans. and speci'fications showing at least the
<br /> nature, 'ki'nd, shape, hcigi]t, 'materials, and iocation~sl%all' have
<br /> been ~submitted in writing to. and approved.'.by an Arch'itegtural
<br />Review Board' established' by the Declarant The' Dec. larant may
<br />"employ . ~ for the Architectural : Review Board'~ archit'ects,
<br />engineers, or other persons ~..'necessary to 'enable the
<br /> Architec.tural Review. Board .to perform ' its '"review' ';'.The
<br /> Architectur'al Review Board may, from time to time,,.~e.'legate"any
<br /> .of its 'rights or responsibilities hereunder to one ,or more'duly
<br /> licenses'"architects or other qualified persons, which 'shall
<br /> 'have full authority to act on behalf of the Architectural
<br /> Review "Board for all matters delegated ~ "The "Architectural
<br /> Review: Board shall adopt the' design~and development guidelines
<br /> and the~ application and "review 'procedures set forth in"the
<br /> Architectural Guidelines. Copies of the' guidelines s~al'l be
<br /> available" from the~ Architectural Review Board for review. The
<br /> Architectural Review Board ~ shall have sol'e and "full' 'authority
<br /> to prepare and to amend the"Architectural Guidelines ' It shall
<br /> make, 'the' Architectural Guidelines available ' t~ "owners,
<br /> builders,~'.and 'dev.elopers .who 'seek to' engage in d~v~lopme~%ti'of
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