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DECLAI~ATION OF COVENANTS
<br />AND RESTRICTIONS FOR
<br />
<br />NORTH PINEGATE, PHASE ONE
<br />
<br /> THIS DECLARATION is made as of the 9th day of May, 1985, by
<br />THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New
<br />York Corporation (hereinafter called "Developer").
<br />
<br />WITNESSETH:
<br />
<br /> WHEREAS, Developer owns certain lots and blocks of lots and
<br />surrounding properties located in Land Lots 132 and 157 of the
<br />7th District of Fayette County, Georgia which property is more
<br />particularly shown on that certain plat of survey of North
<br />Pinegate Subdivision, Phase One, recorded in Plat Book /~ at
<br />pages ~2,~3~ , Fayette County, Georgia records (hereinafter
<br />referred to as the "Property") and
<br />
<br /> WHEREAS, Developer desires to establish certain convenants
<br />and restrictions pertaining to the use and enjoyment of the
<br />Property;
<br />
<br /> NOW THEREFORE, for and during the term hereof, as hereinafter
<br />stated, be it hereby declared that the Property is subjected to
<br />the covenants, conditions and restrictions as follows:
<br />
<br /> 1. Without specific
<br />portion of the Property
<br />purposes.
<br />
<br /> written approval from Developer no
<br />shall be used except for residential
<br />
<br /> 2. No alterations shall be made to any lot until site plans
<br />are approved by Developer, who shall have the right to establish
<br />and amend procedures and standards to guide its review of site
<br />plans. In particular, no clearing or grading shall take place
<br />until Developer has approved site plans.
<br />
<br /> 3. NO building, structure, alteration, addition, or
<br />improvement of any character other than interior alterations not
<br />affecting the external appearance of a building or structure
<br />shall be constructed upon any lot unless and until a plan of such
<br />construction shall have been approved by Developer. Developer
<br />shall have the right, but not the obligation, to establish and
<br />amend design review procedures and standards to guide the
<br />enforcement of these provisions. Plans shall be judged as to
<br />quality of design and materials, harmony of external design with
<br />surrounding structures or with the planned character of the
<br />neighborhood, location with respect to topography and finished
<br />grade elevation, the effect of the construction on the view from
<br />surrounding property and all other factors which will in
<br />Developer's opinion affect the desirability or suitability of the
<br />construction. As a minimum, final plans and specifications shall
<br />show the nature, kind, shape, height, materials, basic exterior
<br />finishes and colors, location, floor plans, and elevations of the
<br />proposed structure.
<br />
<br /> 4. No house shall be constructed on any lot having
<br />enclosed heated area, exclusive of the garages, porches
<br />basements of not less thah~ 1,800 square feet.
<br />
<br /> an
<br />and
<br />
<br />(1)
<br />
<br />
<br />
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