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Preston ChaseFILC'"..,~ ~, RECORDED FAYETTE COUNTY. G~,. '93 JUL 9 PR 2 18 W.A. B~LLAR0 DECLARP~LI~(~$~%~~TCONDITIONS RESTRICTIONS AND EASEMENTS THIS DECLARATION. made this 23rd day of February 1993, by Hayes OeveLopment, Corp a GeoYgia corporation (hereinafter O_v,lo~er ): W I T N E S S E T H: WHEREAS, Oeve[omer is the owner of certain real property lying in _and Lots 131 and 158 in the 7th district and being in the City of :Dcht~-ee City, rayette County, Georgia, which rea~ property is more '.:~.-~icular~y described as "Preston Chase Subdivision ": and WHEREAS. Develooer desires to provide for the preservation and : nanc'ement ct the property 'values in Preston Chase Subdivision and for the ' .~ntenance of the property and improvements thereon, and to th~s end desires .o sub~ect the rapt property described as "Preston Chase" to the covenants, :ondit~ons, restrictions, easements, charges and liens hereinafter set forth, ~ach and all of which is and are for the benefit of said property and each )whet %hereof: and NOW THEREFORE. Developer declares that the real property described in :xhiblt "A" is and snail be held, transferred, sold, mortgaged, conveyed, Leased oc:cupied and use subject to the covenants, conditions, restrictions, ~asements, charges and Liens hereinafter set forth. ARTICLE I DEFINITIONS Section 1. "8}iG.h~..%.~.~.~g. EA.! ...~.O.D.t.TQ~~. C.9.~..~t~e" shall mean and refer 4AY_S DEVELOPMENT CORP. or such other individual (.s) or entity ties) as ',.eveLooer may apooLnt, until all lots ~n Preston Chase shall have been fully !e',,,eioped and permanent improvements constructed thereon and sold to permanent residents. Section 2 .-~.~:larati.oB. shall mean the covenants., conditions e.strict/ons .and easements and all other provisions herein set forth in this ~nti'r-e document, as may From time to time be amended. Section 3. "~.~.V~.~.9.R~.r." shall mean and refer to HAYES DEVELOPMENT iORP., a Georgia corporation, or apy successor in title or any successor in :nterest to HAYES DEVELOPMENT CORP. to all or any portion of the Property then subject to this Declaration. provided that in the instrument of conveyance to ~ny such successor in title or interest, such successor in title is expressly designated as the "Developer" hereunder by the grantor of such conveyance. ~nlch grantor' shall be the Developer hereunder at the time of such conveyance. Section 4. "LO~" shall mean and refer to all lots as shown upon the Plat. Section 5. "~W.D~.E." shal! mean and refer to the record owner, ~hether one or more persons, of the fee simple title to any lot which is a ~art of the Property, but excluding those having such interest merely as security for the performance of an obligation. c¢..-~{,~q ~, "o¢~,~r,n" ~.hat t *~n ~nd r~fer to ¢ natural oerson, orporation, partnership, association, trust or other legal entity, or any ombination thereof. Section 7. "~.~a.%" shall mean and refer to that certain final plat the Property to be recorded in the Office of the Clerk of Superior Court of ayette County. Georgia by Developer. Section 8. "~Z.gP~L~Y" shall mean and refer to that certain real roperty described as "Preston Chase " Section 9. "~.~)iU.Q.t..U.T~" shall mean and refer to: (iJ any thing or .~,jec. t *he placement of which upon any Lot may affect the appearance of such pt, including by way of illustration and not limitation, any building or part hereof. .gar~g6, ~orch, gazebo., shed, greenhouse ~r bathhouse, coop or cage, .:.vered or uncovered patio, swimming pool. tennis court, fence, curbing. :aving, wall, tree, shrub, sign, signboard, mailbox, driveway, temporary or ~ermanent living quarters (including any house trailer ) or any other tem¢orar~¢ .r permanent i~provement to such Lot: (ii.) any excavation, grading, fill Jitch, diversion dam, o',- othel- thing, object or device which affects or alters Lhe natural flow of surface waters from, upon, or across any Lot, or which ~ttects or alters the flow of any waters in 8By natural or artificial creek, {tream, wash or drainage channel from, upon or across aRy Lot; and (iii) any :hangs in grade at any point on a Lot of more than six (6) inches. ARTICLE II ARCHITECTURAL CONTROL COMMITTEE -!:!..9.~rg.~...~.9.[n~.i%~9.~. The purpose of the Architectural Control Committee is' to _%saute that the installation, construction or alteration of any Structure on L, ny Lot is in accordance with the standards determined by the Architectural ~,3ntrol Committee. To the extent necessaiy to carry out such purpose, the &rchitectural Control Committee shall have all of the powers and duties to dc _-ach and every thing necessary, suitable, convenient or proper for, or in :onnectJon with or incidental to the accomplishment of such purpose, ncludin9, without being limited to, the power and duty to approve or JJsapprove plans and specifications for any installation, construction or ]Iteration for any Structure on any Lot. ARTICLE III EASEMENTS Section 1. E~.9.~9~.D....~.9.L...~.9.~9~gB9Z. Developer hereby reserves *or itself, its successors and assigns, the following easements and rights-of- ~' ir,, on, over, under and through any part of the Property owned by -}ere'lo,er tot so long as Developer owns: any Lot primarily for the purpose of sale: (a) For the erection, installation, construction and maintenance of ~ires, lines and conduits, and necessary or proper attachments in connection with the transmission of electricity, gas, water, telephone, community an%enna, television cables and other utilities; (b) For the c.:~,.,'-u ' ' '.:manta on the Lots; (c) For the installation, construction and maintenance of storm- ,;ater drains, public sewers and for any other public and quasi-public utility ¢~cility; (d) For any sales offices, model units and parking spaces in connection with its efforts to market Lots; and (e) For the maintenance of such other facilities and equimment as in the sole discretion of Oeveloper may be reasonable required, convenient oF i_ncidental to the completion, improvement and sale of Lots. ART£~La IV GENERAL COVENANTS AND RESTRICTIONS The following covenants and restrictions shall apply to all Lots and all !.tructures erected or placed thereon; Section 1. ~9~..i...~.~.qt_~.~._.U~.~. All Lots shall be restricted ~,clusively to single-family residential use. No Lot, or any portion thereof, small at any time be used for any commercial, business or professional murpo~e; provided, however, that nothing herein shall be construed to prohibit ,Dr prevent Developer, or any builder of residences in Preston Chase E.,.~b~])viszon, trom using any Lot owned by Developer, or such builder, for the - ,,-poce of car~'ying on business related to the development, improvement and {~i~:. ~.,t '__,~ts_ in ,°~'~'~on_. Chase Subdivision. 3ect ion 2. N.~..iMa.p~.~. (.a) No unlawful, noxious or offensive activities shall be carried on =n any Lot, nor ahall anything be done therein o~ thereon which constitutes a nuisance, causes unreasonable noise or disturbance to other or unreasonably _~terteres with other Owners' use of their Lots. (b) No rubbish or debris of any kind shall be dumped, placed or oe]-mitted to accumulate upon any portion of an Owner's Lot so as to render the ;~me unsanitary, unsightly or offensive. No nuisance shall be permitted to =xist upon any portion of the Property. Without limiting the generality of ~ny of the foregoing, no exterior speakers, horns, whistles, bells or other zound devices, except security devices used exclusively fo]- security purposes, :hall be located, used or placed on the Property or any portion thereof. Section 3. ~9.S~.Q..~.Y.i..s~QO..Q.f...~.r.Q.R.~!.~Y. No Lot may be split, ~i'.¢ided, or subdivided for sale, resale, gift, transfer, or otherwise, without the prior written approval of the Developer for such split, division or ~ubdivision. BO0 825P [ 29 Section 4. ~!Q.~i.gq....~QD. tr.ql.. No activity which may create erosion ov siltation problems, shall be undertaken on any Lot without the prior :,,~ritten approval of the Developer. The Developer may require the use of certain means of preventing and controlling such erosion or siltation. Such means may include (by way of example and not of limitation) physical devices tor controlling the runoff and drainage of water, special precautions in grading and otherwise changing the natural landscape and required landscaping. Section .5. ~.~.~PP.!i.~LY..~gil..d.~...qQ~. No temporary building, trailer, · qarage or building under construction shall be used, temporarily or ::uarters required er desirable for security purposes approved by the Developer. A contractor or builder may erect or place on any Lot a temporary Dt.~ldJ~g, shed or trailer for use in connection with construction on such Lot ¢ithout the prior written consent of the Developer. Section 6. ~ ~..9.~_~ - Ca) No signs whatsoever {including but not limited to commercial and ~iffiilar signs) shall, without the Developer's prior written app,-oval of plans _,n,=i specifications: therefor, be installed, altered or maintained on any Lot, ~- on any portion of a Structure visible from the exterior thereof, except: such signs as may be required by legal proceedings; (ii) no "For Rent" signs allowed until development/sale homes is complete. After completion,not more than one "For Sale" or "For Xent" sign, provided that in no event shall any such sign be larger than nine iquare feet in area; (;ii) directional signs for vehicular or pedestrian sa¢ety accordance with plans and specifications approved bw the Developel'. (b) Following the consummation of the sale of any Lot, the "For ~.az. ..i~n located ~hereon shall be removed immediately Section 7. ~t.~¢;.k~. In approving plans and specifications for any proposed Structure, the Developer may establish setback requirements for the location of such Structure whic:h are more restrictive than those established by the Plat. No Structure shall be erected or placed or, any t_ot un]ess its location is consistent with such setbacks. Section on any Lot . Cl.q%h~.~.~.O.{. No outside clothesline shall be placed mobile home, trailer, trailer house, o= retreat:cna! vehicle othe= than a boat ~hal! be parked on any Lot. excemt within enclosures or behind screening. N.r. thin~ contained he~'ein shall prohibit the use of portable, temporar> L~uilcJings, or trailers as field offices by contractors during actual coRs~truction . Section 10. ~G~i.~.~!.D.@.LZ...~.~.~g~WLg. D.- Subject to the reasonable approval of the Architectural Contl-ol Committee, a detached accessory :~tructure may be placed on a Lot to be used for a playhouse, s swimming pool, tennis court, a tool shed, a mailbox, a dog house or a garage; a garage may also be an attached accessory structure. Such accessory structures shall not exceed twenty (20) feet in height and shall conform in exterior design and quality to the dwelling on the same Lot. Mith tbs exception of a garage that &s attached to a dwelling as such dwelling fronts on the all-est abutting such Lot. Such accessory Structures shall also be located within such side and rear setback lines as may be required hereby or by applicable zoning law. Section 11 I~R.Lg.~.~.~.O%..9.~.....~g=~i.- All construction of dwellings, accessory structures, and all other improvements in Preston Chase Subdivision shall be undertaken and comm]mted ]n accordance with the following conditions: (a) AIl construction shall be carried out in commliance with the Laws,' code rules, regulations and orders of all applicable governmental agencies and authorities. (b) No exposed above-ground tanks for the storage of fuel or water any other substance shall be located on any Lot other than apparatus '~lating to solar ener]y. (c) No lumber, bricks, stones, cinder blccks, scaffolding, .-:h~n"_cal devices. ©v any other materials or devices used for building ,'re, cos shall ~e %toted on any Lot except for purposes of construction of a !l~ng or accessory structure on such Lot, nor shall any such building ~3terials or devicea be stored on any Lot for longer than the length of time %ason.tb~y necessary for the construction in which such ~aterials or devices to be osed. (d} Adequate off-street parking shall be provided for each Lot. Vehicles of residents shall not be routinely parked on subdivision streets, ~,c.r ~hall vehicles be routinely ~arked on any portion of a Lot other than a '~ved driveway or a garage. (e) Any construction on a Lot shall be at the risk of the Owner of such Lot and the Owner of such Lot shall be responsible for any damage to any :'J:-b[ng or street resulting from construction or, such Lot; repairs of such Jamage must be made within thirty (30) days ~fter completion of such (f) The enclosed, heated living area (exclusive of garage, carports, oorches, terraces, bulk-storage and basement) shall contain not less than 1100 equate feet in any one story dwelling, and 1200 square feet in any dwelling which has more than one story. No dwelling shall be constructed exceeding two ~tories in height above ground on any Lot, and three stories in height including a basement on any Lot. (g) (h) residence. Exterior TV or radio receiving equipment =_;hall not be permitted. No solar devices shall be visible from the street in front of a Section 13. 6..P.~..q~J~. No animals, including birds, insects and ~eptiles, may be kept on any Lot unless kept thereon solely as household pets and not for commercial purposes. No animal shall be allowed to become a ,,u sance. 825P [ 31 Section 14. No exterior construction, alteration, or addition to a ~tructure of any nature whatsoever, including fences, playhouses, tree houses, or dog houses, shall be made unless or until the plans are approved by the Architectural Control Committee. Section 12. ~.D~9.S.. No fence or wall of any kind shall be erected maintained on the front of any Lot. Front meaning not to exceed front 7orners of residence. All fences in Preston Chase shall be of a picket fence ~ype and shall not ~xceed 4' in height. ACC shall approve all fences. BOOK 5? GE Section 15. The removal of any living tree must be approved by the '-itectuYaI_ Control Committee. ARTICLE V GENERAL PROVISIONS Section Enforcemen~ (.a) The Developer, or any Owner, shall have the right to enforce, by ~ny proceeding at law or in equity, all restrictions, com-~itions, covenants, eservations, easements, liens ancl charges now or hereafter imposed by the ;rovisions of this Declaration. Failure by the Developer o~' by any Owner to ~nfc.rce any covenant or restriction herein contained shall in no event be Jeemed a waiver of the right to do so thereafter. (b) The Developer shall have the right of abatement in all cases ~here an Owner of a Lot shall fail to take reasonable steps to ~'emedT a ,iolation or breach of any restriction, condition, or covenant contained in hzs Declaration within twenty (20) days after the mailing of ~ritten notice such violation or breach. The right of abatement means the right of the _)eveloper, through its agents and employees, to enter at al! reasonable times ~,on any Lot o~- Structure~ as to ~hich a violation or breach exists, and to .... ' to th,,~ -eke :~J.gh action of action~ s~eclfied ir, t,~- not,ce Owner to abate, -,xtinguish. 'cemove or re~air such violation or breach, ail without being ~e:,med to have committed a trespass or wrongful act by reason of such entY>' nnd such, actions. Section 2. ~¢.!<!gL~b.~..~.~>'- If any provision of the Declaration. or any paragraph, subparagraph, article, section, sentence, clause, phrase, word :,f the ac. mlication thereof in any circumstance, is held invalid, the validity )f the remainder of this Declaration and the application of any such ~rovisJon. paragraph, subparagraph,, article, section, sen%once, clause, phrase -~' word in any other circdmstances shall not be affected thereby and tbs remainder of this Declaration shall be construed as if such invalid part was never included therein. $ectior, 3. H~:aQin:9. S. The headings of articles end sections ir, this Declaration are for convenience of reference only an.f shall not. ir, an>' ~.,r~y limit or define the. content or substance of such, articles and sections. Section 4. [~.W%.A~..~Qn. The covenants and restrictions of this ')e.:la;-atior, shall run with and bind the land for a period of twenty [20) years t~'om the date this Declaration' is recorded, at the end of which period such covenants and ~estrictions shall be automatically extended for successive Der lodE of ten (10) years each, unless at least two-third (2/3) of the Owners at the time of the expiration of the initial period, or of any extension period, shall sign an instrument in which said covenants and restrictions are modified in whole or in part. which instruments is filed of record in the app~'opri.ate county. Section 5. ~.i.~b&.A.......AD.~.....Q~!.i~A~..k¢.~- Each grantee of the Developer, by the acceptance of a deed of conveyance, acce~ts the same sub3ect to all restrictions:, conditions, covenants, reservations, liens and charges, an~ %{'~ 3uYisdic%~on, rights and powers cr~ate~ .......... i_~ this Declaration. All rights, benefits and privileges of ever)' character hereby ~mposed shall be deemed and taken to be covenants running with the Land and shall' bind any person having at any time any interest or estate in the ~roperty or any portion thereof, and shall inure to the benefit of such }'r~ntee ~_n like manner as though the provisions of this Declaration were ',:cited and ~ti~ulated ~t length in each and every deed of conveyance or lontract for conveyance. Section I a) =_:.._,: .... Owner' of a Lot, by' acceptance of a deed therefor, whether- not Lt shall be so expressed ir, ~uch deed, is deemed to covenant and agree ra£mburse the Developer for ]ny rests or expenses incurred by Developer in -'of.zing against such Owner any rest'rictic, ns, conditions, covenants, _er.~tions, liens and charges, and the jurisdictions, ,-ights .In,= powers · Feate,J or reserved by this Declaration. Such costs or expenses, together with inters'it thereon at t~elve (.~2~s) percent per annum and costs of collection -h¢,-,~c¢, as hereinafter provided, including 'reasonable attorneys' fees, shall } ,_Nar,Se and ~ continuing ~ien upon the Lot against which such costs ?<~-=-n'~e~E, -- ~re incurred. C_,u~h co, ts or expe~~e~-~, togeth, er .... wi~h { nterest ~hereon t .e!ve (!2~) oercent ~er annum and costs of collection thereof, ~nc~ud~ng -easonable attoFney~s fees~ :shall also be the ~ersonal obligation of the '}e'Fson who was the Owner of such tot at the time when the costs or expenses ,,are incurred. Ibis personal obligation shall not pass to his successers itl. ~nz_ss expressly assumed by them. (t,) 'n such case, the Developer may bring ar, action _~t law against the Owner persona~_ly obligated to pay the same, or foreclose th,_:, lien ~g.ainst such Owner's Lot ~ and interest ~ costs add reasonable ~ttorneys ' fees of any such action shall be added to the amount of such costs or expenses. Each such 9e~ner, by his acceptance of a deed to a Lot~ hereby expressly vests in the O~,v~ioper, or its asents, the right and po~er to bring al! actions against such Owner personally for the collection of such costs or expenses as a debt and to enforce the aforesaid lien by all methods .available for the enforcement c,t liens against real property, including fo'reclosure by an action brought in the name of the Developer in a like manner as a mortgage foreclosure on real property, and such Owner hereby expressly grants to the Developer a sower of sale [n connection with the foreclosure of said lien. The lien ~rovided for in this Section sh~ll be in favor of the Oeveloper and shall be for the benetit of all other Owners. The Developer, acting on behalf of the Owners, shall have the power to bid for the interest foreclosed at foreclosure sale ~]nd to acquire and hold, lease, mortgase and convey the same. Section 7. ~.9.~..~..G9S- Notices provided for in this Declaration .3hall be in writing and shall be addressed to any Owner at his Lot or at such other address as hereinafter provided. Notices addressed as above shall be .J~emed delivered upon mailing by United States registered or certified mail or Section 8. ~menqme~.b. This Declara~'f6'n may be amended unilaterally at any time and from time to time by Developer (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation or judicial determination BOOK 5 P,d, GE -overage with respect to the Lots subject to this Declaration, (iii) if suck, ~mendment is required to obtain the approval of this Declaration by an .nstitutional lender, such as a bank, savings and loan association or life nsura~ce company~ or by a governmental lender or purchaser or mortgage loans: uch as the Kederal National Mortgage Association or Federal Home roan ~o~tCaGe Corporation, to enable such lender or purchaser to make. or purchase ortgage loans on the tots subject to this Declaration, or (iv) if such mendment is necessary to enable any governmental agency, such as the Veterans ::dmini~tration, or reputable pri',ate in.~urance company to insure mortgage Loans on the Lots subject to this: Declaration. Further, this Declaration may ~e amended at any time and from tim~ to time by an agreement signed by at [eese seventy-five percent (75%) of the Owners of Lots; provided, however ~ zuch amendment by the Owner~ shall not be effective unless also ~igned b> ])e:~..,eloper, if Deve!opeT is the owner of any rea! property then subject to eclaration. No amendment to the provisions of this Declaration ~hall altei-. 3dify. chan~e or rescind any right, title, interest or privilege herein ?-anted or accorded to the hold of any mortgage encumbering any Lot unless :~d.zh holder ~hall coneent in wTitinG thereto. Any such ~mendment ~h~!l not }atone effective until the instrument evidencing such change has been filed o -ecocd. Every purchaser or grantee of any interest in any real property made rubject to this Declaration, b>' acceptance of ~ deed or other conveyance therefor, thereby agrees that this Declaration may be amended as ~rov]ded ~h,!s Section. IN WITNESS WHEREOF, HAYES DEVELOPMENT CORP. has caused this >eclaration to, be executed in its name b~ its ,dui>' authorized officers and its leal '~ ~ _ ~,, _xed on ~he day and year first above written. gne,~ sealed and delivered · h i s d a y o f 1'793 in the m~esence of: j