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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. [~r.~¢ ~;.--~ ~ .~ .... - 3 -