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' ' Declaration of Covenants and Restrictions for ~~ ~' · Parkgate Subdivision: · :. <br /> <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 <br /> <br /> <br />