North Pinegate IDECLAI~ATION OF COVENANTS
AND RESTRICTIONS FOR
NORTH PINEGATE, PHASE ONE
THIS DECLARATION is made as of the 9th day of May, 1985, by
THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New
York Corporation (hereinafter called "Developer").
WITNESSETH:
WHEREAS, Developer owns certain lots and blocks of lots and
surrounding properties located in Land Lots 132 and 157 of the
7th District of Fayette County, Georgia which property is more
particularly shown on that certain plat of survey of North
Pinegate Subdivision, Phase One, recorded in Plat Book /~ at
pages ~2,~3~ , Fayette County, Georgia records (hereinafter
referred to as the "Property") and
WHEREAS, Developer desires to establish certain convenants
and restrictions pertaining to the use and enjoyment of the
Property;
NOW THEREFORE, for and during the term hereof, as hereinafter
stated, be it hereby declared that the Property is subjected to
the covenants, conditions and restrictions as follows:
1. Without specific
portion of the Property
purposes.
written approval from Developer no
shall be used except for residential
2. No alterations shall be made to any lot until site plans
are approved by Developer, who 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 Developer has approved site plans.
3. NO building, structure, alteration, addition, or
improvement of any character other than interior alterations not
affecting the external appearance of a building or structure
shall be constructed upon any lot unless and until a plan of such
construction shall have been approved by Developer. Developer
shall have the right, but not the obligation, 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 with 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
Developer's opinion 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 colors, location, floor plans, and elevations of the
proposed structure.
4. No house shall be constructed on any lot having
enclosed heated area, exclusive of the garages, porches
basements of not less thah~ 1,800 square feet.
an
and
(1)
5. The exterior of all structures must be completed within
one (1) year after the construction of same shall have commenced
(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 any lot unless and until
plans are submitted to and approved by Developer, its agents,
successors, or assigns.
7. Without specific written approval from Developer no sign
may be displayed to the public view on any lot except for
temporary signs not exceeding four square feet advertising the
property for sale or rent. All signs must be professionally
prepared.
8. No lot shall be subdivided in any way for sale, resale,
gift, transfer, or other purposes, except with the written
approval of Developer.
9. 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 carport. In addition, no
automobiles, trucks, or other motorized vehicles may be kept
outside a garage unless such vehicles have up-to-date licenses.
Boats and recreational vehicles must be stored in enclosed
garages or carports.
10. No trees having a circumference of six inches (6") or
greater (measured at a point 12" above ground level) shall be
removed from any lot without written authorization from
Developer, who may adopt and promulgate rules and regulations for
the preservation of trees and other natural resources upon the
lot. Developer may also designate certain trees, regardless of
size, as not removable without written authorization.
11. During the course of construction on any lot, no
temporary building, trailer, garage, or structure shall be used,
temporarily or permanently, as residence.
12. No lumber, metals, bulk materials, refuse, trash, or
other similar materials shall be kept, stored, or allowed to
accumulate outside the buildings on any lot except during the
one-year any construction period (during actual construction).
In addition, during construction the building materials on any
lot shall be placed and kept in an orderly fashion.
Specifically, any lot on which construction is in progress shall
be policed prior to each weekend; during the weekend, all
materials shall be neatly stacked or placed, and any trash or
waste materials shall be removed.
13. Prior to the occupancy of a residence on the lot, proper
and suitable provision shall be ma.lc for the disposal of sewage
by connection with the sewer mains of Georgia Utilities Company,
or any other company providing such services.
14. No fuel tanks or similar storage receptacles may be
exposed to view; such receptacles must be installed within the
main dwelling, an accessory buiding, a screened area, or buried
underground. Any exterior installation is subject to Developer's
approval. No auxiliary devices (such as TV antennas) shall be
mounted upon any elevation of the dwelling (including roof) which
faces a public street.
(2)
15. Landscaping shall be installed by the successor to
Developer in title to any lot in accordance with the approved
landscaping plan within sixty (60) days of the issuance of the
Occupancy Permit by Peachtree City, in default of which Developer
shall have the right, but not the obligation, to enter upon the
site and install said landscaping, any and all costs incurred
thereby becoming due and payable by such successor in title
within five (5) days after receipt of written notice therefor.
16. Each lot shall at all times be kept in a clean and well
maintained condition. All landscaped areas shall be well groomed
and maintained at all times. No building or structure shall be
permitted to fall in disrepair, and each such building and
structure shall at all times be kept in good condition and repair
and adequately painted or otherwise finished. In the event of
damage or destruction to any such building or structure, such
building or structure may be repaired or reconstructed in
accordance with previously approved plans and specifications. In
the event the owner of any lot elects not to repair or
reconstruct, then such owner shall within ninety (90) days of
such damage or destruction remove the structure, grade the
property, and return same to a clean and well maintained
condition. Should such owner fail to begin reconstruction or
removal within such ninety day period, Developer shall have the
right, privilege and license, but not the obligation, to enter
upon the site, remove such damage or destroyed structure, and
grade the site at the owner' expense. Any such expense incurred
by Developer shall be paid in full by such owner within five (5)
days after written demand therefor.
17. Nothing herein contained shall be construed to prevent
the erection or maintenance by Developer, or its duly authorized
agents, of such signs as may be necessary or convenient to the
development, sale, operation, or other disposition of Developer's
property within Peachtree City.
18. The approval of plans or specifications submitted for
approval as herein specified for use on any lot shall not be
deemed to be a waiver of the right of the Developer to object to
any of the features 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 other lots.
19. Developer shall have the power and authority to approve
or disapprove the plans and specifications and site plan, and the
approval of said plans and specifications and site plan may be
withheld not only because of the non-compliance with any of the
specific conditions, covenants and restrictions contained herein,
but also because of the reasonable dissatisfaction of Developer
with the grading plan, location of the structure on the site, the
finished ground elevation, the color scheme, finish, design,
proportions, architecture, shape, height, style, and
appropriateness of the proposed structure or altered structures,
materials used therein, the kind, pitch, or type of roof proposed
to be placed thereon, the planing, landscaping, size, height, or
location of trees on the site, or because of its reasonable
dissatisfaction with any or all other matters or things, which,
in the reasonable judgment of Developer, will render the proposed
improvements inharmonious or out of keeping with the general plan
of improvements erected on other lots.
20. The failure of Developer or its successors or assigns to
enforce any covenant, condition, or restriction shall in no event
(3)
be deemed to be a ~aiver of the right to clo so thereafter nor of
the right to enforce any other covenant, condition, or
restriction.
21. Every person who now or hereafter owns or acquires any
right, title, estate, or interest in or to the Property or any
portion thereof is and shall be conclusively deemed to have
consented and agreed to every limitation, restriction, easement,
condition and covenant contained herein, whether or not any
reference to these restrictions is contained in the instrument by
which such person acquired an interest in said lot or any portion
of the site.
22. Developer may, from time to time, .at any reasonable hour
or hours, enter upon and inspect any lot in North Pinegate
Subdivision, Phase One, for the purpose of ascertaining
compliance herewith.
23. For purpose of these restrictions, any written consents
or approvals maybe given by such person or entity as the
Developer may from time to time designate in writing, which
designation will be filed in the public records maintained by the
Clerk of the Superior Court of Fayette County, Georgia and which
will be effective until the same is revoked in like manner.
The Developer is the owner of other properties in the area in
which the property subjected to the within and foregoing
Declaration of Covenants and Restrictions is located and, as
such, has, and will continue to have, a direct and beneficial
interest in the enforcement of the restrictions and covenants set
forth herein and established hereby and may enforce compliance
with such covenants and restrictions notwithstanding that the
Developer may no longer have an ownership interest in the
property subjected hereto.
DEVELOPER SHALL NOT BE LIABLE TO ANY PERSON WHOMSOEVER FOR
ANY VIOLATIONS OF THESE RESTRICTIONS AND DEVELOPER DOES NOT
WARRANT TO ANYONE THAT THESE RESTRICTIONS WILL BE ENFORCED AS TO
ANY PROPERTY TO WHICH THIS DECLARATION IS APPLICABLE. THE
INITIATION OF ENFORCEMENT ACTION FROM TIME TO TIME BY DEVELOPER
OF THE ABOVE RESTRICTIONS WILL BE FOR ITS SOLE BENEFIT AND
CONTROL AND DEVELOPER SPECIFICALLY DISAVOWS ANY OBLIGATIONS,
IMPLIED OR OTHERWISE, TO MAINTAIN OR ENFORCE THESE RESTRICTIONS;'
HOWEVER, THIS SHALL NOT PRECLUDE OR PREVENT THE OWNER OF ANY
PORTION OF THE PROPERTY FROM BRINGING SUCH ACTION AS IT DEEMS
NECESSARY IN ORDER TO ENFORCE THESE RESTRICTIONS AGAINST ANY'
PARTY IN VIOLATION THEREOF OTHER THAN DEVELOPER.
Invalidation of any of the foregoing restrictions, or any
part thereof, by judgment or court order, shall in nowise affect
any of the other restrictions which shall remain in full force
and effect. Said restrictions shall be covenants running with
the land and shall be binding on all owners and occupants of all
or any portion of the Property for a period of twenty (20) years
from the date hereof.
IN WITNESS WHEREOF, this document has been executed and
sealed as of the day and year first above written.
Signed, Sealed and THE EQUITABLE LIFE ASSURANCE
Delivered in our Presence: ! ! SOCIETY OF THE UNITED STATES
.. ,,.¥X-%....".':'",."-,..
Witness ' ~ '~ · ,... a,¥! ~ " ' .... .'i.r? ' ,.L.:, '
0 · - ':' "7' · - '
Notary Pu. blT[~?..,' " -/ .~. ~1 a-.~ (Corporate
~./cor.,,,!?,o%¢,?~,,, fc~,a. ~c,. '. ~ 8! ~ ,,/' ~.' \ ..
,';, ',' ' ~ :.?~7 . ~,. 1,l.1 "- · '
. , ?..,%,..,...": ':.,' .,..-' -.,