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PrestwickApY'-,2.1-99 03:16P J. R. Outton BOOK 770.. ,~1~ ,6.-~.90..g.,0.., P.02 DECLARATION QF COVENANTS. RESTRICTION~Uk~D 'FAY iL'i T){IB DECLARATION OF COVENANTS, RF-$TRICT~.~.$.AND EASEMENTS FOR PRESTWZOK, Phase II ("Declaration"), mmd~'~'.~.is X$~)~R ~7 of November, L99~, by ~.if~s%¥1e Comm~ities,L;u~B~- ' '~'" ~' Georgia corporation (the ~.I T N E S S WHERSAS, said Declarant is the owner of the subdivision known as P~ESTWiCK, UNIT 1 being a subdivision of all tho~e certain lots, tracts 9r parcels of land lying and being in Land Lot 40, ~istriot ~th, ~&¥ette County, Ga. and being more particularly described in Exhibit "A" attached hereto and made a part hereof. WHEREAS, it is to the interest, benefit and advantage of Dec!ar~nt and to each and every person who hereafter purchase any lot Ln ~aid subdivision that certain protective covenants governing ~nd -~Vulating the use and occupancy of the same to be established, &~' 'rth and declared to be covenants running with the land; ARTICLE I PROPERTY HEREBY SUBJECTED TO T~LIS DECLARATION The lots which are, by the recording of this Declaraticn, subjected to the covenants, r~strictions and easements hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, ceca?Led and mortgaged or otherwise encumbered subject to this Deciarauion, are all those certain lots numbered (ZS) through and inc!uding (64) shown on that certain plat of subdivision recorded in Plat Book 23, Page $$, Fa~stte County, Georgia Records and incorporated and made a part hereof by this reference. Said plat is hereinafter referred to as the "Plat", said lots as shown on the Plat and as defined in Article IV, Section 8, paragraph (b) hereof are hereinafter referred to singularly as the "Lot" and collec%ively as the "Lots", and the Lots together with all of the other real property shown on the Plat are hereinafter referred to as the "ProDerty". ARTICLE PROTECTIVE COVENANTS ~. Land USa and Building TyDe. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any Lot other than a single ~i1¥ dwelling. No buildin~ shall be erected on any lot to be used as a echool, church, or k~ndmr~arten. Rpr-2,1-99 03:16P J. R. Dutton 770 716-9000. P.03 ~&klD~_~. Architectural Control. (a) No building shall be erected, placed or altered on any Lot until the Architectural Control committee established under Article VI, Section I of this Declaration shall have approved (1) the contractor who will perform any work, (2) the construction plans and specifications, (3) a plan showing the location of the structure. The factors to be considered by the Architectural Control Committee in approving or disapproving the above listed items shall be: quality of workmanship and materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the rear of structure unless similarly approved. Any yard fencing shall be submitted to the Architectural Control Committee for approval before installation. No type of chain link fencing will be allowed. No clothesline will be allowed in any yard. (b) Any exterior redecorating may be done o~1~ by consulting and working with the Architectural Control Committee in order to maintain a well coordinated color scheme throughout the entire subdivision. Ail proposed exterior redecorating or landscaping must be submitted for approval by the Architectural Control Committee. (o) NO window air conditioning unite will be permissible without the prior approvml of the Architectural Control Committee. (d) Any changes in exterior elevation, which includes the enclosure of any garage or patio for living space, must be approved by the Architectural Control Committee. (e) Mobile homes, campers, and/or co~unercial vehicles, not including pickup trucks, may not be parked permanently and are subject to the approval of the Architectural Control Committee. (f) All Architectural Control Committee approvals shall be as provided in Article VI, Section 1, paragraph (b) below. ~1_~. ~ADS~. No noxious or offensive activity be carried on upon any Lot, nor shall anything be done ~her. eon which may be or become an annoyance or nuisance ~n the neighborhood. ~J~9~_~. Temoorarv Structures. No Structure of a te~ character, trail~r,-base~e~t, ~nt, shack, garage, barn out building shall be used on any Lot at any time as a ' or other either temporarily or permanently, residenc~ ' ~~_~. ~k.q~l~. No sign of any kind she11 me dis the public view on any LOt except one professi0~al sign o~ than one square foot, one sign of not more t~n fi%e sc 2 ~played to not ~ore iuare ~eet .Apr]21-99 03:18P J. R. Dutton ~ t ~2 ~.~ L4 ~ -$04 252 770 716-9000 P.05 LIFrSTVL£ COMM, P.~4 advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. ~. Livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that doge, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. ~JJL~IL/. Sewaae_.Dieoosal. No individual sewage disposal system sh&11 be permitted on any Lot. ~JzL~3_~. Sicht Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner Lot. ~9_TJ~. AILt_9/LB~. No dish or dish type radio and television antennas and no radio or television antenna towers shall be installed or maintained upon any Lot or improvement thereto. All other outside radio or TV antennas shall be installed only if not visible from the street and should be placed on the back side of the roof or the back side of the chimney, or in a tree in the back yard. ~9_~_~~. Playqround Equipment. Ail playground equipment should be placed in the rear of the property. ~9/k-~. Swimming Pools. Above ground swimming pools will not be permitted. In ground swimming pools will be permitted after all specifications and requirements have been met and approved in advance by the Architectural Control Committee. ~. 0tl and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be pe~mitted upon or in any lot; nor shall oil wells, tanks, tunnels, mineral excavations, or shafte be permitted upon any lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. ~. Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers and shall be removed on a regular but not lees than weekly basis. Garbage and trash containers shall be located abutting the rear or sides of houses, screened from view and kept in a clean, sanitary condition. ~. Buildina Location. No buildings shall be located nearer to a street or side line than indicated by the building line restriction shown on the Plat or as apprgved by PEACHTREE CITY. Ap~-21-99 03:17P J. R. Dutton 770 716-9000 P.04 For the purposes of this Article V, saves, steps, pot=es cochsres (attached carports} and open porches not covered by roof structures shall not be considered as a part of a building; provided however, that this shall not be construed to permit any portion of the building or construction on any Lo= =o encroach upon another Lot or upon the easements reserved in Article III hereof. ' ~J~__~. ~lj~g_~- One-story dwelling buildings erected on any Lot shall have not less than 1,200 square feet or heated floor space each. Multi-level buildings such as two stories, split-!evels and tri-ievsls shall have not less than 1,200 square feet of heated floor space. The foregoing minimum space requirements, within the sole discretion of the Architectural Control Committee, can be waived in writing but not below 1,200 square feet. These minimum floor space requirements shall be exclusive of any space in garages, porches, and finished basements, whether heated or not. ~. ~a.ra~es and Caroort~. All garages shall be enclosed with doors. Open carports are not permitted on any Lot. ~S~_~_Z. V~i¢les. Ail trailers or recreational vehicles, small vans, boats or boat trailers shall be parked so as to be out of view from the public road right-of-way. Pickup trucks and mini vans which are used as a primary source of transports=ion are not included above. No disabled, wrecked, or otherwise unusable truck, automobile, motorcycle or similar equipment may be brought onto any Lot for the purpose of dismantling same or for any purpose other than the complete restoration of a personal vehicle. Any such restoration or repairs must be performed in an ~ manner. Adequate off~-street parking shall be provided by each Owner for the parking of automobiles owned by such owner, and Owners shall not park :heir vehicles on adjacent roads and streets as a matter of course. ~. ~. Mail boxes of a type consistent with the character of the neighborhood or designated by Architectural control Commit:es shall be selec:ed and placed by the Owners and shall be maintained by the Owners to compliment the residences and :he neighborhood. A 6x6 cedar post with a black mail box is designated as the standard mail box. Section %9. ~1~. Zoning regulations applicable to the Property subject to this Declaration shall be observed, in the event of any conflict between any provision of such zoning restrictions and the restrictions of this Declaration, the more restrictive provisions shall apply. ~ Trees aq~ Buffpre. No tree 3 inches in diameter or larger can destroyed or removed without the prior consent of the Architectural Control Committee. Likewize, all areas marked as "Natural Buffers" on the final rmcorded plat shall remain as Apr-.21-g9 03:lgP J. R. Dutton 770 716-9000 P.O6 natural buff~r~ ~nd shall no~ Ae dls~urbed. ARTICLE !II ADMINISTRATION Architecturm! control Committee. (a) ~m~l~. The Archi:ectural Control Committee shall be composed of ~am L. ~eveto uncil such time as all Lots in PNestwick, P~ase II have been eo!d. In the event of death or resignation of either initial member of the Architectural Control Committee, the remaining member shall have full authority to designate a successor. After the DECLARANT has sold all bots in P~sstwi¢~ ~hase II, :he ~rchi=ec~ural Control Committee shall thereafter be composed of ~he members of the Association's Board of Directors or cf three Owners appointed by ~,ich 5card of Director~. The members of =he Architectural Control Cpmmittee shall not be entitled =o any compensation f&r services performed ~ursuant =o thi~ Declaration. (b) ~. the Architectural Contr~! Committee's approval or disapprove! as required in this Declaration snell be in writing. In the event the Architectural Control Committee fails no approve or disapprove within thirty (30) days after plans and ~pecification~ have been submitted to it, or in any event, if no suit to enjoin cons=ruction has been commenced prior ~o the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. (c) ~onstructio~ Commencement. ~omple%~on. Any ~urchaser of a Lot must commence construction on the home on said Lot within one 'year following the date of closing. Construction shall be deemed to have begun when the Lot has been fully cleared and graded in preparation for construction and a building permit obtained. In addition to the commencement of construction within mne (1) year following the date of closing, any Owner having a home built on his or her Lot shall ensure that construction is completed within eighteen (18) months following the date of closing. Construction shall be deemed to be completed as of the date of the issuance of a certificate of occupancy for t~e residence Under construction. ARTICLE IV ~9~1-9_~k_~. Our=~9~. The prot~ctiue covenants set forth in Article V and the administration procedures set forth in Article VI, Section 1 (all of which are hereinafter referred to as the "Protective Covenants and the Section i Procedures") of this Declaration shall run with and bind the Property, shall be and remain in sffmct, and shall inure to the benefit of and be enforceable by the Declarant, or the owner of any property subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the 5 ~Apr,~21-99 03:20P J. R. Dutton 770 716-9000 P.07 '. ~ 54, 92 ~.-)~ :' ~ .~.~ 252 date this Declaration is recorded. The Protective Covenants and Section 1 Procedures shall be automatically renewed and extended beyond said 20-year term for successive periods of ten (10) years each unless, at the end of the initial twenty (20) years or at any time ~hereafter, two-thirds (2/3) of the Members shall execute an agreement terminating some or all of the provisions of the Protective Covenants and Section 1 Procedures contained in this Declaration and shall then record said termination agreement in the office of the Clerk of the superior court of the county in which the Property or any portion thereof lies; provided, however, that each such termination agreement shall specify which such provisions of the Protective Covenants and Section i Procedures are so terminated. Every purchaser or grantee of any interest in any property now or hereafter subject to this Declaration, by acceptance of a deed or other conveyance thereof, =hereby agrees that the provisions of the Protective Covenants and Section i Procedures of thi~ Declare=ion may be extended as provided above. Section 2. Notices. Any notice required to be sent to any Member pursuant to any provision of this Declaration shall be served by depositing such notice in the mails, post-paid, regular mail, addressed to the Owner for whom it is intended at hie or her last known place of residence, or to such other address as may be furnished to the secretary of the Declarant, and such service shall be deemed sufficient. The date of service shall be the date of mailing. ~. ~L~_9_~. Enforcement of the covenants, restrictions and easements contained herein and of any other provision hereof shall be by any appropriate proceeding at law or in equity against any person or persons violating or attempting to violate any of said covenants, restrictions sad easements or other provision, either to restrain violation, to enforce personal liability or to recover damages, or by any appropriate proceeding at law or in equity against the land to enforce any lien or charge arising by virtue %hereof. The failur~ of the Declarant, or any Owner to enforce any of said covenants, restrictions and easements or other provision shall in no event be deemed a waiver of the right to do so thereafter. ~. ~dt~. Whenever possible, each provision of this Declaration shall be interpreted in such a manner as to be effective and valid, but if any provision of this Declaration or the application thereof to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable. ,Ap~,21-99 03:21P J. R. Dutton 770_. 7_1. 6 -_9_ 000 P. 08 ~PS-%J~/~--~. ~Lp_j~L~. The DECLARANT has used its best efforts and acted with due diligence in connection with the preparation and recording of this Declaration to ensure that the each Owner has the right and power to enforce the terms and provisions hereof against every other Owner. In the event this Declaration is unenforceable by an Owner or any other person f'Dr any reason whatsoever, the DECLARANT end its agents shall have no liability of any kind as a result of such unenforceability, and each Owner, by acceptance of a deed conveying a Lot, acknowledges and agrees that the DECLARANT and its agents shall have no such liability. inserted only for convenience end are in no way to be construed as defin£ng, limiting, extending or otherwise modifying or adding to the particular sections to which they refer. Section ?. Gender. The masculine gender shall be construed include a female or a corporation where the context ~o requires. ~. ~dLD~. Unless the context otherwise requires, whenever used in this Declaration: (a) "Person" shall include a corporation or other legal entity. (b) "Lot" shall mean any plat of land ;hown as a numbered parcel on the Plat or on any plat of survey hereafter recorded if such numbered parcel becomes subject to this Declaration. IN WITNESS WHEREOF, the Company has caused thi~ Declaration to be executed by its duly authorized officer, and i=~ corporate seal to be hereunto affixed, the day and year first above written. Signs4, seals4 and delivered in the presence of: Lifestyle Communities &..In~.. ...'.~....-' . ~,..-:. :- "..'.. ':~ ' ""' by: Its Presiden[.~..~ %' '-'L.' :~ ~ Sam L. Leveto i'.-'..~. Z-' :~ ~ :.-,,.:... . ...