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Royal HighlandsDeclaration of Covenants and Restrictions for Subdivison THIS DECLARATION is made as of the day of James Royal, DBA Royal Properties(hereinafter called "Declarant'). 199 by WI II:RI'~AS, I)eclamnl owns certain lois and blocks of lois (hereinafter collectively referred to in the singular as a "Lot" and in the plural as "Lots") and surronndine properlics localed in I,and Lot ~-~ ~ ,~-'1 ~C:~.~,~or~.~ar' ..... · ' of Fayetle County, Georgia which property is more particularly shown on that certain plal of survey of .... ,<;ubdivision, recorded in Fayette county, Georgia records (bercinaftcr referred to as Ihe "Property"); and WI IEREAS. Declarant desires lo establish certain covenants and restrictions pertaining to the ownership, development, use and enjoyment of Ibc Property. NOW TI IF. REFORE, for and during the term hereof, as hereinafter stated, be it hereby declared that Ihe Property is subjected to the covenants, conditions and restrictions as fidlows: I. _R. c~idcmial_!'_u_rpose~ Without specific written approval from Declarant no portion ol'the Property shall be used except for residential purposes; provided, however, that a co,nmercial builder may use a residential dwelling constructed by it on a Lot for a sales office so long as il is actively offering for sale houses that is constructed on the Property. 2. ANY STRI)CT[1RE ()R IMI)ROVEMENT CONSI'RUCTED ON ANY LOT, WI IF, TUER T!!MI'ORARY OR I'ERMANENT IN NATURE, S! IALL BE DES1GNED AND 13UII,T IN ACCORDANCE WITIi TI IE ARCtiI'I'ECTU~ G.UIDELINES ADOPTEI) ItY TI IE I)I?VEI,OPER. 3. Archilc_¢lutal Sta!ldards. No exterior construction, alteration, addition, or ereclion of any improvements of any nature whatsoever, including, without limitation, a changed in Ihe color of any improvement, shall be commenced or placed upon any Lot, except such as is installed by Ihe Declarant, or as is approved in accordance with the Section, or as is olherwise expressly permitted herein. No exterior construction, addition, erection, or alteralion shall be made unless and until such plans and specifications showing at least the nature, kind, shape, height, materials, and location shall have been submitted in writing to and approved by the Developer. The Declarant may employ for the archilecls, cngineers~ or olher persons necessary to enable him to perfoiiii his review. The Developer may, from time Io time, delegate any of its rights or responsibilities ' hereunder lo one lbr more duly licenses architects or other qualified person~, which shall Imve fill aulhorily Io act on behalf of the Developer for all matters delegated.,.?he Developer shall adopt the design and development guidelines and the application and review procedures set forth in the guidelines. Plans and specifications are not approved for engineering or structural design or quality of materials, and by approving such plans and specifications neither Developer, the members thereof, not the Declarant assumes liability or responsibility therefor, not for any defect in any structure constructed from such plans and specifications. Neither Declarant, the Developer, not their officers, directors, members, employees and agents shall be liable for domages to anyone submitting plans and specifications for approval, or to any owner of property affected by those restrictions by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications and every owner of a Lot agrees that he will not bring any action or suit against Declarant, the Developer, other officers, directors, members, employees and agents to recover any such damages and hereby releases, remises, quit-claims, and covenants not to sue for all claims, demands, and causes of action arising out of or in connection with any judgment, negligence, or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands, and causes of action not known at the t/me the release is given. 4. No Waiver of Future Approvals. The approval of the Developer of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiting the approval and consent of such Architectural Review Board, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matter whatever subsequently or additionally submitted for approval or consent. 5. ~ No house shall be constructed on any Lot having an enclosed heated area, exclusive of the garages, porches and basements of less than 2,300 square feet, not more than the maximum square footage defined and described in the Guidelines. 6. ~ The exterior of all structures must he 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 hardshipto 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 Developer after application for-such extension is requested by any owner or builder of a Lot. 7. ~ 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 the Developer, its agents, successors, or assigns. 8. ~ Without specific written approval from the Developer no sign may he displayed to the public view on any Lot. All signs my be professionally prepared. 9. ~fl~;[Btiakm~LLo~ No Lot shall be subdivided in any way for sale, resale, gift, transfer, or other purposes, except with the written approval of Declarant. 10. l~lls_oLT~rlt~[~ No boat trailer, house trailer, trailer, ornay 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-0to-date licenses. Boats and recreational vehicles must be stored in enclosed garages or otherwise screened from public view. 11. Trees. No trees shall be removed from any Lot without written authorization from the Developer, who may adopt and promulgate rules and regulations for the preservation of trees and other natural resources on the Property. 12. Temporary Structure. Without the prior written consent of the Developer, no temporary building, trailer, garage, or structure shall be maintained or allowed to exist on a Lot, nor may the same be used, temporarily or permanently, as residence. 13. ~altag~ 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 construction period (during acme! 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. 14. Fuel Tanks and Antennas. All fuel lanks or similar storage receptacles must be screened from view; such receptacles must be installed within the main dwelling, an accessory building, a screened area, or buried underground. Any exterior installation is subject to the Developer's approval. Without the prior written approval of the Developer no auxiliary devices (such as TV and radio antennas and towers or satellite dishes) shall be erected or maintained upon a Lot (including the improvements constructed thereon) unless the same is in compliance with the Developer. 15. ~ Within sixty (60) days of the issuance of a Certificate of Occupancy by Peachtree City, landscaping shall be installed by the owner of any Lot in accordance with the landscaping plan approved by the Developer. The failure of such owner to comply with the foregoing restriction shall give the Developer the right, but not the obligation, to enter upon the site and install said landscaping. Any and all costs incurred thereby shall be due and payable by the owner of said Lot within five (5) days after receipt of written notice therefor and the failure of said owner to pay such cost within said time period shall give rise to a lien against the Lot enforceable by the Developer. 16. Maiate, aln~ 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 slmcture 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 of a Lot shall within ninety (90) days of such damage or destruction remove the structure, grade the property, and remm same to a clean and well maintained condition. Should such owner of a Lot fail to begin reconstruction or removal within such ninety day period, the Developer shall have the fight, 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's expense. Any such expense incurred by the Developer shall be paid in full by such owner within five (5) days after written demand therefor, the failure of said owner to pay such cost within said time period shall five rise to a lien against the Lot enfomeable by the Developer 17. ~ Nothing herein contained shall be construed to prevent the erection or maintenance by Declarant, or its duly authorized agents, of such signs as may be necessary or convenient to the development, sale, operation, or other disposition of Declarant's property within Peachtree City. 18. Notice. Every person who now or hereafter owns or acquires any sight, 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 convenant contained herein and the Architectural Guidelines, whether or not any reference to these restriction is contained in the instrument by which such person acquired an interest in said Lot or any portion of the site. 19. Decorative Appurtenances. Recreational Facilities and Enermv Conservation F,,qaip. lllm~ Without the prior written consent of the Developer no deco-r;ative appurtenances or recreational facilities including, without limitation, trampolines, skateboard ramps, tree houses, play houses, deer stands, swingsets or basketball goals shall be installed or swimming pools on any port/on thereof. Above-ground swimming pools on any Lot are prohibited, h-ground swimming pools may be installed and maintained only after the prior whtten approval of the Developer. Without the prior written consent of the Developer, no solar energy panel and related hardware or any other energy conservation equipment shall be installed or maintained on a Lot or any improvement constructed thereon. 20. ~ The Developer may, from time to time, at any reasonable hour or hours, enter upon and inspect any Lot for the purpose of ascertaining compliance herewith. In addition, during the period of construction of any improvement on a Lot the Developer shall also have the fight to enter upon and inspect any such improvements under construction for the purpose of ascertaining compliance herewith. 21. Consents and Enfomements. For purpose of these restriction, any written consents or approvals may be given by such person or entity as the Declarant may from time to time designate in writing, which designation has been or 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. 22. Eas~ent. The Declarant is the owner of the 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 enfomement of the restrictions and covenants set forth herein and established hereby and may notwithstanding that the Declarant may no longer have an ownership interest in the Property subjected hereto. DECLARANT SHALL NOT BE LIABLE TO ANY PERSON WHOMSOEVER FOR ANY VIOLATION OF THESE RESTRICTIONS AND DECLARANT 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 DECLARANT OF THE ABOVE RESTRICTIONS WILL BE FOR ITS SOLE BENEFIT A ND CONTROL AND OTHERWISE, TO MAINTAIN OR ENFORCE THESE RESTRICTIONS; HOWEVER, TI-I/S 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 PART IN VIOLATION THEREOF OTHER THAN DECLARANT. ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COST) INCURRED BY THE DECLARATION, THE DEVELOPER OR THE OWNER OF ANY LOT IN CONNECTION WITH THE ENFORCEMENT OF A VIOLATION OF THE WITHIN AND FOREGOING COVENANTS AND RESTRICTIONS SHALL BE PAID BY THE PARTY FOUND TO BE VIOLATING SAID COVENANTS AND RESTRICTIONS OTHER THAN THE DECLARANT AND SHALl, CONSTITUTE A LIEN AGAINST THE LOT OWNED BY THE OWNER FOUND TO BE IN VIOLATION. 23. ~ Until such time as the Declarant surrenders its right under Section 3 hereof to appoint all members of the Developer, this Declaration may not be amended without the Declarant's prior written consent. Any amendment to this Declaration shall only be effective upon filing of an instrument in the Fayette County Land Records. 24. 8~verability and Term. 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. The covenants and restrictions shall be covenants and restrictions running with the land and shall be binding on all owners and occupants of all or from the date hereof. After which time such convenants and restrictions shall automatically be extended for successive five (5) year periods unless an instrument is recorded in the Fayette County Land Records signed by (i) the Declarant, if the Declarant has not surrendered its right under Section 3 hereof to appoint Declarant has surrendered such right, a majority of the then owners of the Lots comprising the property. IN WITNESS WHEREOF, this document has been executed and sealed as of the day and year first above written. Signed, Sealed and Delivered in our Presence this __ day of ,1997. ROYAL PROPERTIES Witness By: Its.' Notary Public