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Smokerise CrossingDECLARATION OF CO¥~ANTS, CONDITIONS AND RESTRICTIONS FOR SMOKERISE CROSSING, PHASE ONE WHEREAS, it is to the interest, benefit and advantage of THE BRADSHAW COMPANY (hereinafter referred to as "BRADSHAW") and to each and every person who shall hereafter purchase any lot in said subdivision, that certain protective covenants governing and regulating the use and occupancy of the same be established, set forth and declared to be covenants running with the land; and WHEREAS, BRADSHAW deems it advisable to have a committee to administer said conditions and restrictions, and does hereby name R. SCOTT BRADSHAW and ARDATH LOYD BRADSHAW as the permanent committee to serve during the life of this contract and to be hereinafter referred to as the "committee" with the understanding and agreement that the committee may be increased from two to five members by mutual consent of the above named original members of the committee. New members of the committee shall be elected by a majority of the committee for a term of five years. A majority vote of the committee shall determine a decision in all questions referred to the committee. A committee member may resign by tendering a written resignation to the other committee members. NOW, THEREFORE, in consideration of the premises, BP~ADSHAW for itself, its successors and assigns and its future grantees, does hereby place and impose the following conditions, restrictions, reservations, easements, liens and charges as detailed hereinafter, on real property located in the City of Peachtree City, County of Fayette, State of Georgia, and being more particularly described on FAYETTE OOUNTY. CA. '96 RUO 22 1! 03 Exhibit "A" attached hereto and made a part hereof by reference thereto. No property other than that described hereinabove shall be deemed subject to this Declaration of Protective Covenants, unless and until specifically made subject thereto. The declarants may, from time to time, subject additional real property to the restrictions, covenants, reservations, liens, and changes herein set forth by appropriate reference hereto. 1. LAND USE AND BUILDING TYPE: (a) None of said lots may be improved, used or occupied for other than private residential purposes, and no flat, duplex or apartment house, though intended for residential purposes, may be erected thereon. Any residence erected or maintained thereon shall be designated for occupancy by a single family. (b) No professional office, business, trade or commercial activity of any kind shall be conducted in any building or on any portion of any lot, block or building site except for a real estate sales office which may be constructed provided that it eventually becomes a single-family residence. (c) All building sites in the tract shall be known and described as residential building sites. (d) No structures shall be erected, altered, placed or permitted to remain on any building site other than one detached single family dwelling not to exceed two and one-half stories in height. Detached garages may be permitted provided the floor area of said garage does not exceed nine hundred (900) square feet. All Page 2 such detached garages must be erected within the building set back lines as herein provided. (e) No animals, livestock, or poultry of any kind other than house pets, shall be kept or maintained on any part of said property. Dogs and cats may be kept upon said property provided that they are not kept, bred or maintained for any commercial use or purpose. (f) No noxious, offensive or illegal activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No trash, paper, garbage, or refuse of any kind shall be dumped on other lots or adjoining lands. The discharge of firearms is prohibited. (g) No clothes line shall be permitted. (h) No green-houses will be permitted upon the premises. 2. ARCHITECTURAL CONTROL: No building shall be erected, placed or altered on any lot until the complete set of construction plans and specifications and plan showing location of the structure have been approved by the committee as to quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot unless similarly approved. Actual samples of exterior materials such as brick, stone, siding, roof shingles, etc. as well as exterior color schemes must be submitted for approval. The approval must be in writing from the co~m~Littee. In the event the Page 3 Boo 0 8 ! 7 0 co,,u,,ittee fails to approve or disapprove said design or location within thirty (30) days after submission of a written request, then such approval shall not be required provided the design and location are in harmony with existing structures and locations in the tract, and do not violate any restrictive covenant. If the finished building does not comply with the plans and specifications as submitted, the committee retains the right to make the changes necessary for compliance. These changes will be at the owner's expense. 3. DWELLING QUALITY AND SIZE: The dwelling and any permitted structures on said property, including detached garages, shall be constructed of a suitable material as approved by the cor~f~ittee. If masonry or stucco construction is approved, then the exterior wall of any dwelling shall consist of masonry or stucco construction covering the front, rear and side exterior wall areas, excluding door and window openings, architectural accents and porch or deck construction. If construction with materials other than masonry or stucco is approved, the use of masonry or stucco shall not exceed 60% of the front elevation of such dwelling, for exterior wall accent purposes only. All foundations must be of masonry or masonry veneer construction. No concrete or concrete block foundation may be exposed to view. Masonry, as used herein, shall be defined to include brick, brick veneer, stone, stone veneer or stucco. Each lot must have a Page 4 mail box constructed of masonry in harmony with the structural design and quality of workmanship of the main dwelling. The minimum floor area of any main dwelling structure, exclusive of open porches, terraces, patios, and garages shall be as follows: Single story, 2600 square feet; Split level, 2800 square feet; Two-story, 3000 square feet. The minimum floor area herein referred to shall not include basements, attics, garages, or open porches of any type. No dwelling house shall be erected without providing a parking space consisting of a durable surfaced area, enclosed in the dwelling house, sufficient in size to store two standard automobiles, or a detached garage of sufficient size to store two standard automobiles, provided, however, that the floor area of such detached garage shall not exceed nine hundred (900) square feet. The detached garage shall be approved by the committee as to structural design, quality of workmanship and harmony of external design with the dwelling house. Said garage shall be connected by a paved driveway of hot-mix asphalt or concrete connecting the parking space (garage) with a street and permitting ingress and egress of an automobile; the opening of said parking space shall not be visible from the street. Driveway and walkways must be completed prior to occupancy of the dwelling. The driveway connection at the street and mail box shall be approved by the committee as to structural design, quality of workmanship, and harmony of external design with existing driveways. The approval Page 5 must be in writ±ng from the core, ct±tree. In the event the committee fails to approve or disapprove said design within thirty (30) days after submission of a written request, then such approval shall not be required, provided, however, said design does not violate any restrictive covenant. No plumbing vent shall be placed on the front side of the roof, nor shall any concrete block be left exposed after completion of construction. Ceilings on the first floor of all residences shall have a minimum height of nine (9) feet. All windows shall be constructed of a suitable material other than metal. All front lawns shall be completed by the installat±on of sod in all areas of the front lawn. All homes shall be completed within one year of commencement of construction. Construction shall be considered to commence when substantial grading is performed to prepare said lot for construction of a residence thereon. 4. BUILDING LOCATION: No building shall be located on any lot nearer to the front line or nearer to the side street than the minimum building setback lines shown on the recorded plat. No building shall be located nearer than fifteen (15) feet to an interior lot line. No dwelling shall be located on an interior lot nearer than thirty (30) feet to the rear lot line; swi~mning pools, the highest projection of which shall not exceed three (3) feet, and outdoor fireplaces not to exceed six (6) feet in height, may be erected and maintained within the rear set-back but not nearer than twenty (20) feet from the rear lot line of any lot. No such improvements, however, may be placed in or upon land reserved for Page 6 easements. For the purpose of this covenant, eaves and steps shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. Exceptions to the requirements of this paragraph may be made by the committee in such instances as the committee shall feel warranted in order to prevent an unnecessary or undue hardship. Notwithstanding anything to the contrary herein, the committee shall have the right to permit reasonable modifications of the set-back requirements wherein in the discretion of the committee strict enforcement of these set- back provisions would work a hardship. 5. SUBDIVISION OF LOTS: No lot shall be subdivided for sale or otherwise so as to reduce the total area shown on the recorded plat herein referenced, or any future plats of said subdivision, except by and with the consent of the committee. 6. (a) BRADSHAW reserves an easement in and right at any time in the future to grant a fifteen (15) foot or twenty-five (25) foot right of way as designated on said plat, over, under and along the rear line of each lot for the installation and maintenance of poles, lines, conduits, pipes and other equipment necessary to or useful for furnishing electric power, gas, telephone service, or other utilities including water and sewerage service. BRADSHAW also reserves an easement in and right at any time in the future to grant a ten (10) foot right of way over, under and along the front line of each lot for the same uses and purposes. 173 Page 7 (b) Declarants may include in any contract or deed hereafter made additional protective covenants and restrictions not inconsistent with those contained herein. (c) No dwelling house, garage, outbuildings, or other structures of any kind shall be built, erected, or maintained upon any such easements and said easements shall, at all times, be open and accessible to public and quasi-public utility corporations, and other persons erecting, constructing or servicing such utilities and quasi-public utilities, and to declarants, their heirs and assigns, all of whom shall have the right of ingress and egress thereto and therefrom, and the right and privilege of doing whatever may be necessary in, under and upon said locations for the carrying out of any of the purposes for which said easements, reservations and rights of way are reserved, or may hereafter be reserved. (d) Drainage flow shall not be obstructed nor be diverted from drainage or utility easements as designated above or on the recorded plat. The declarants reserve a ten (10) foot strip along the rear and sides of all lots for drainage purposes, said easement being within the fifteen (15) foot and twenty-five (25) foot easements as designated on the above referred to plat. 7. (a) No temporary building, mobile home, tent, shack, garage, barn, or other outbuilding erected on a building site covered by these covenants shall at any time be used for human habitation temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. Page 8 (b) No oil drilling, development, or refining operations, mining, quarrying, or operation of sand and gravel pits, no soil removal or topsoil stripping or operations of any kind shall be permitted upon or in any of the building sites in the tract described herein, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any of the building sites covered by these restrictions. (c) No fuel pumps may be maintained on the premises. (d) No above ground tanks of any type shall be maintained on the premises. (e) No motor vehicle shall be permitted to remain on the premises for more than thirty (30) days in an inoperative condition, unless inside a garage; and no car repairs of a major nature may be carried on upon the premises. No lot or yard may be used as a parking area for heavy equipment such as excavation, grading and tractor equipment or heavy trucks such a vans, school buses, transport trucks, and dump trucks. Pickup trucks are acceptable. (f) No outside radio and television antennas or satellite dishes shall be installed. street. (h) the property. (i) All boats, boat trailers, shall be kept in the garage. No window air conditioning units may be visible from the Ail playground equipment shall be placed on the rear of Page 9 travel trailers and campers (j) Ail mailboxes shall be of a brick or masonry structure. Freestanding newspaper boxes are not permitted. 8. SIGNS: No signs, advertisements, billboards, or advertising structures of any kind may be erected or maintained on any of the lots hereby restricted without the consent in writing of the committee; provided, however, that permission is hereby granted for the erection and maintenance of not more than one advertising board on each lot, or tract as sold and conveyed, which advertising board shall not be more than five square feet in size and may be used for the sole and exclusive purpose of advertising for sale or lease, the lot or tract upon which it is erected. 9. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment for the storage of such material shall be kept in a clean and sanitary condition. No trash or 9arbage shall be burned on any lot. 10. (a) SEWAGE DISPOSAL: Individual sewage disposal shall be permitted; however, said systems shall be designed, located and constructed in accordance with the requirements, standards, and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from such authority. (b) Provided, however, that at such time, durin9 the term of these covenants, as a sewage collection system shall be provided for the entire subdivision, any lot which then has an individual Page 10 sewage disposal system shall be connected to the subdivision's sewage collection system. The cost of making such connection shall be borne by the owners of any such lots at the time of connection including any tap-on fees. 11. MAINTENANCE OF ENTRANCES: At such time as the undersigned shall have conveyed eighty (80%) percent of the lots contained in the above described property, the owners of each individual lot shall be jointly and severally liable for the maintenance of the signs and landscaping at the entrances to the said subdivision. A majority of the owners of the lots may elect to establish a voluntary homeowner's association to be responsible for such maintenance and may empower the said homeowners' association to assess such fees as may be necessary to cover the expenses of such maintenance. Said assessment shall apply to all lot owners regardless of membership status. 12. MAINTENANCE OF LOTS: Each owner of a lot in the said subdivision shall maintain their lot in a neat and orderly manner, including (but not limited to) regular cutting of the grass and shrubs located on such lot. 13. SIGHT DISTANCE AT INTERSECTION: No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty- five (25) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the Page 11 street property lines extended. The same sight-line limitations shall apply to any lot within ten (~0) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 14. TERM: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 15. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damages. 16. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 17. LIMITATION OF RESTRICTIONS: Nothing uttered herein shall be held or construed to impose any restrictions on or easements in any lands of THE BRADSHAW COMPANY other than the land specifically Page 12 designated at Exhibit "A" of these protective covenants as being subject to said protective covenants. IN WITNESS WHEREOF, THE BRADSHAW COMPANY, the Declarant herein, has hereunto set its hand and affixed its seal, this day of ~~,~ 1996. THE BRADSHAW COMPANY .-// /Z______~'--~ /,,~ ............. ~ ,"... ~./~C~TT BRRD-SHAW, ~ 3~:"o- ~ \~'-..? ...~ ... (CORPORATE SEAL) ; ,,. ........ · Signed, sealed and delivered in the presence of: Witness ,~ary Public ,,,'. ,%~ C~t~.%, ......... , ,,.,? -.. ~ ~ GEORGIA ~ ~ Notary Public, Gwlnnett County, Geo~gin- My Commission Expires Jan. 21, 1997 BO0 ! O8?PA6E 179 Page 13 EXHIBIT "A" SMOKERISE CROSSING, PHASE ONE ALL THAT TRACT or parcel of land lying and being in Land Lot 91 of the 7th District of Fayette County, Georgia, and being Smokerise Crossing, Phase One, as shown on plat of said subdivision recorded at Plat Book 28, Pages 58 and 59, in the office of the Clerk of the Superior Court of Fayette County, Georgia, consisting of Lots 1 through 12, inclusive. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS C~,~ ,~ FOR SMOKERISE CROSSING, PHASE TWO WHEREAS, it is to the interest, benefit and advantage of THE BRADSHAW COMPANY (hereinafter referred to as "BRADSHAW") and to each and every person who shall hereafter purchase any lot in said subdivision, that certain protective covenants governing and regulating the use and occupancy of the same be established, set forth and declared to be covenants running with the land; and WHEREAS, BRADSHAW deems it advisable to have a committee to administer said conditions and restrictions, and does hereby name R. SCOTT BRADSHAW and AR/)ATH LOYD BRADSHAW as the permanent committee to serve during the life of this contract and to be hereinafter referred to as the "committee" with the understanding and agreement that the committee may be increased from two to five members by mutual consent of the above named original members of the co~[~ittee. New members of the committee shall be elected by a majority of the co[[~ittee for a term of five years. A majority vote of the co~[~ittee shall determine a decision in all questions referred to the committee. A committee member may resign by tendering a written resignation to the other committee members. NOW, THEREFORE, in consideration of the premises, BRADSHAW for itself, its successors and assigns and its future grantees, does hereby place and impose the following conditions, restrictions, reservations, easements, liens and charges as detailed hereinafter, on real property located in the City of Peachtree City, County of Fayette, State of Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference thereto. No property other than that described hereinabove shall be deemed subject to this Declaration of Protective Covenants, unless and until specifically made subject thereto. The declarants may, from time to time, subject additional real property to the restrictions, covenants, reservations, liens, and changes herein set forth by appropriate reference hereto. 1. LAND USE AND BUILDING TYPE: (a) None of said lots may be improved, used or occupied for other than private residential purposes, and no flat, duplex or apartment house, though intended for residential purposes, may be erected thereon. Any residence erected or maintained thereon shall be designated for occupancy by a single family. (b) No professional office, business, trade or commercial activity of any kind shall be conducted in any building or on any portion of any lot, block or building site except for a real estate sales office which may be constructed provided that it eventually becomes a single-family residence. (c) All building sites in the tract shall be known and described as residential building sites. (d) No structures shall be erected, altered, placed or permitted to remain on any building site other than one detached single family dwelling not to exceed two and one-half stories in height. Detached garages may be permitted provided the floor area of said garage does not exceed nine hundred (900) square feet. Ail such'detached garages'mus~ be erected within the building set back Page 2 lines as herein provided. (e) No animals, livestock, or poultry of any kind other than house pets, shall be kept or maintained on any part of said property. Dogs and cats may be kept upon said property provided that they are not kept, bred or maintained for any commercial use or purpose. (f) No noxious, offensive or illegal activity shall be carried on upon any lot, nor shall anythin9 be done thereon which may be or become an annoyance or nuisance to the neigb_borhood. No trash, paper, 9arbage, or refuse of any kind shall be dumped on other lots or adjoinin9 lands. The discharge of firearms is prohibited. (g) No clothes line shall be permitted. (h) No 9reen-houses will be permitted upon the premises. 2. ARCHITECTURAL CONTROL: No buildin9 shall be erected, placed or altered on any lot until the complete set of construction plans and specifications and plan showin9 location of the structure have been approved by the committee as to quality or workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot unless similarly approved. Actual samples of exterior materials such as brick, stucco, roof shingles, etc. as well as exterior color schemes must be submitted for approval. The approval must be in writin9 from the committee. In the event the committee fails to approve or disapprove said design or location Page 3 within thirty (30) days after submission of a written request, then such approval shall not be required provided the design and location are in harmony with existing structures and locations in the tract, and do not violate any restrictive covenant. If the finished building does not comply with the plans and specifications as submitted, the cotf~Littee retains the right to make the changes necessary for compliance. These changes will be at the owner's expense. 3. DWELLING QUALITY AND SIZE: The dwelling and any permitted structures on said property, including detached garages, shall be constructed of a suitable material as approved by the co~m~tittee. All homes shall be constructed of stucco or brick. No two adjacent homes shall have identical or near-identical exterior color schemes. No two adjacent homes shall have identical or near- identical appearance from the street with particular emphasis on roof lines and front entries. All foundations must be of masonry or masonry veneer construction. NO concrete or concrete block foundation may be exposed to view. Masonry, as used herein, shall be defined to include brick, brick veneer, stone, stone veneer or stucco. Each lot must have a mail box constructed of masonry in harmony with the structural design and quality of workmanship of the main dwelling. The minimum floor area of any main dwelling structure, exclusive of porches, terraces, basements, attics, patios, and garages shall be as follows: Page 4 Single story, Split level, Two-story, The minimum floor 2800 square feet; 3000 square feet; 3200 square feet. area herein referred to shall not include basements, attics, garages, or open porches of any type. No dwelling house shall be erected without providing a parking space consisting of a durable surfaced area, enclosed in the dwelling house, sufficient in size to store two standard automobiles, or a detached garage of sufficient size to store two standard automobiles, provided, however, that the floor area of such detached garage shall not exceed nine hundred (900) square feet. The detached garage shall be approved by the committee as to structural design, quality of workmanship and harmony of external design with the dwelling house. Said garage shall be connected by a paved driveway of hot-mix asphalt or concrete connecting the parking space (garage) with a street and permitting ingress and egress of an automobile; the opening of said parking space shall not be visible from the street. Driveway and walkways must be completed prior to occupancy of the dwelling. The driveway connection at the street and mail box shall be approved by the committee as to structural design, quality of workmanship, and harmony of external design with existing driveways. The approval must be in writing from the committee. In the event the committee fails to approve or disapprove said design within thirty (30) days after submission of a written request, then such approval shall not be required, provided, however, said design does not violate any Page 5 restrictive covenant. NO plumbing vent shall be placed on the front side of the roof, nor shall any concrete block be left exposed after completion of construction. Ceilings on the first floor of all residences shall have a minimum height of nine (9) feet. All windows shall be constructed of a suitable material other than metal. All front lawns shall be completed by the installation of sod in all areas of the front lawn. All homes shall be completed within one year of commencement of construction. Construction shall be considered to cort~ence when substantial grading is performed to prepare said lot for construction of a residence thereon. 4. BUILDING LOCATION: No building shall be located on any lot nearer to the front line or nearer to the side street than the minimum building setback lines shown on the recorded plat. No building shall be located nearer than fifteen (15) feet to an interior lot line. No dwelling shall be located on an interior lot nearer than thirty (30) feet to the rear lot line; swimming pools, the highest projection of which shall not exceed three (3) feet, and outdoor fireplaces not to exceed six (6) feet in height, may be erected and maintained within the rear set-back but not nearer than twenty (20) feet from the rear lot line of any lot. No such improvements, however, may be placed in or upon land reserved for easements. For the purpose of this covenant, eaves and steps shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon~ano~her lot. Exceptions to the requirements Page 6 of this paragraph may be made by the committee in such instances as the committee shall feel warranted in order to prevent an unnecessary or undue hardship. Notwithstanding anything to the contrary herein, the committee shall have the right to permit reasonable modifications of the set-back requirements wherein in the discretion of the coramittee strict enforcement of these set- back provisions would work a hardship. 5. SUBDIVISION OF LOTS: No lot shall be subdivided for sale or otherwise so as to reduce the total area shown on the recorded plat herein referenced, or any future plats of said subdivision, except by and with the consent of the committee. 6. (a) BRADSHAW reserves an easement in and right at any time in the future to grant a fifteen (15) foot or twenty-five (25) foot right of way as designated on said plat, over, under and along the rear line of each lot for the installation and maintenance of poles, lines, conduits, pipes and other equipment necessary to or useful for furnishing electric power, gas, telephone service, or other utilities including water and sewerage service. BRADSHAW also reserves an easement in and right at any time in the future to ~rant a ten (10) foot right of way over, under and along the front line of each lot for the same uses and purposes. (b) Declarants may include in any contract or deed hereafter made additional protective covenants and restrictions not inconsistent with those contained herein. (c) No dwellin~ house, garage, outbuildings, or other structures of any kind sh~ll be built, erected, or maintained upon Page 7 any such easements and said easements shall, at all times, be open and accessible to public and quasi-public utility corporations, and other persons erecting, constructing or servicing such utilities and quasi-public utilities, and to declarants, their heirs and assigns, all of whom shall have the right of ingress and egress thereto and therefrom, and the right and privilege of doing whatever may be necessary in, under and upon said locations for the carrying out of any of the purposes for which said easements, reservations and rights of way are reserved, or may hereafter be reserved. (d) Drainage flow shall not be obstructed nor be diverted from drainage or utility easements as designated above or on the recorded plat. The declarants reserve a ten (10) foot strip along the rear and sides of all lots for drainage purposes, said easement being within the fifteen (15) foot and twenty-five (25) foot easements as designated on the above referred to plat. 7. (a) No temporary building, mobile home, tent, shack, garage, barn, or other outbuilding erected on a building site covered by these covenants shall at any time be used for human habitation temporarily or permanently, nor shall any structure of a temporary character be used for human habitation. (b) No oil drilling, development, or refining operations, mining, quarrying, or operation of sand and gravel pits, no soil removal or topsoil stripping or operations of any kind shall be permitted upon or in any of the building sites in the tract described herein, nor sh~ll oil wells, tanks, tunnels, mineral Page 8 excavations or shafts be permitted upon or in any of the building sites covered by these restrictions. (c) No fuel pumps may be maintained on the premises. (d) No above ground tanks of any type shall be maintained on the premises. (e) No motor vehicle shall be permitted to remain on the premises for more than thirty (30) days in an inoperative condition, unless inside a garage; and no car repairs of a major nature may be carried on upon the premises. No lot or yard may be used as a parking area for heavy equipment such as excavation, grading and tractor equipment or heavy trucks such a vans, school buses, transport trucks, and dump trucks. Pickup trucks are acceptable. (f) No outside radio and television antennas or satellite dishes shall be installed. No window air conditioning units may be visible from the (g) street. (h) Ail playground equipment shall be placed on the rear of the property. (i) All boats, boat trailers, travel trailers and campers shall be kept in the garage. (j) All mailboxes shall be of a brick or masonry structure. Freestanding newspaper boxes are not permitted. 8. SIGNS: No signs, advertisements, billboards, or advertising structures of any kind may be erected or maintained on any of the lots hereby restricted without the consent in writing of Page 9 the committee; provided, however, that permission is hereby granted for the erection and maintenance of not more than one advertising board on each lot, or tract as sold and conveyed, which advertising board shall not be more than five square feet in size and may be used for the sole and exclusive purpose of advertising for sale or lease, the lot or tract upon which it is erected. 9. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment for the storage of such material shall be kept in a clean and sanitary condition. No trash or garbage shall be burned on any lot. 10. (a) SEWAGE DISPOSAL: Individual sewage disposal shall be permitted; however, said systems shall be designed, located and constructed in accordance with the requirements, standards, and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from such authority. (b) Provided, however, that at such time, during the term of these covenants, as a sewage collection system shall be provided for the entire subdivision, any lot which then has an individual sewage disposal system shall be connected to the subdivision's sewage collection system. The cost of making such connection shall be borne by the owners of any such lots at the time of connection includin9 any tap-on fees. Page 10 11. MAINTENANCE OF ENTRANCES: At such time as the undersigned shall have conveyed eighty (80%) percent of the lots contained in the above described property, the owners of each individual lot shall be jointly and severally liable for the maintenance of the signs and landscaping at the entrances to the said subdivision. A majority of the owners of the lots may elect to establish a voluntary homeowner's association to be responsible for such maintenance and may empower the said homeowners' association to assess such fees as may be necessary to cover the expenses of such maintenance. Said assessment shall apply to all lot owners regardless of membership status. 12. MAINTENANCE OF LOTS: Each owner of a lot in the said subdivision shall maintain their lot in a neat and orderly manner, including (but not limited to) regular cutting of the grass and shrubs located on such lot. 13. SIGHT DISTANCE AT INTERSECTION: No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty- five (25) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight-line limitations shall apply to any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such Page 11 distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 14. CONSTRUCTION GUIDELINES: While construction is taking place on any lot herein, the "Construction Guidelines" attached hereto and incorporated herein as Exhibit "B" shall be adhered to by the lot owner, and by any agent or employee of said lot owner. 15. TERM: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. 16. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damages. 17. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. 18. LIMITATION OF RESTRICTIONS: Nothing uttered herein shall be held or construed to impose any restrictions on or easements in any lands of THE BRAI)SHAW COMPANY other than the land specifically designated at Exhibit."A''~ of these protective covenants as being Page 12 subject to said protective covenants. IN WITNESS WHEREOF, THE BRADSHAW COMPANY, the Declarant herein, has hereunto set its hand and affixed its seal, this day of , 1998. THE BRADSHAW COMPANY By: R. SCOTT BRADSHAW, President (CORPORATE SEAL) Signed, sealed and delivered in the presence of: Witness Notary Public Page 13 SMOKERISE CROSSING, PHASE TWO ALL THAT TRACT or parcel of land lying and being in Land Lot 91 of the 7th District of Fayette County, Georgia, and being Smokerise Crossing, Phase Two, as shown on plat of said subdivision recorded at Plat Book 30 , Pages 166-167 , in the office of the Clerk of the Superior Court of Fayette County, Georgia, consisting of Lotsll through 22, inclusive. Scott Bradshaw President THE BRADSHAW COMPANY Development- * Investment · Mana£eraent~ , Real Construction Guidelines Smokerise Crossing Build,rs shall strictly adhere to the site specific soil erosion plan approved by Peachtree City. in addition, silt fence will be installed and maintained across the entire width of the front of each lot except the opening for a temporary gravel driveway. The silt fence is to be imtailed at the time the lot is cleared and the temporary driveway shall be constructed as soon as possible. The driveway shall be a minithum of 50 feet in length and a sufficient amount of #4 gravel shall be placed to insure that NO mud is carried to the street. Portable toileU shall be place! a minimum of 30 feet from the curb and near the edge of the t~mporary gravel driveway to facilitate delivery and service. NO potable toilet shall be placed within 30 feet of the property lir~ of an occupied residenca. Dumpslers shall be' placed on the side of the hour~ with easy access from the gravel driveway but as far from the curb as possible. NO ~onstruction debris or trash shall be hauled from other subdivisions and placed in dumpsters without the expressed consent of thc developer. NO builder shall use another builder:s dumpster without the express consent of the builder who rents the dumpster. Temporary structures; such as, construction offices, storage sheds, etc. shall be place on the side or rear of the lot. NO temporary structures shall be permitted in thc ~ront .yard. The street shall be clear of mud and dirt at ALL times. If mud is in the street, the responsible builder shall require the respons~le party to remove it with a shovel and remove the remaining residue with a blower or hose it away with water. lklivery of building and construction materials should b~ made to the side or rear of the hous~ when possible. NO construction materials (roofing, brick, sand, concrete blocks, lumber, etc.) si'mil b~ phc. cd in the front yard unless it b nec~sa~y and tho.~ materials should bc moved or installed as quickly as poss~le. NO material shall b~ plic_,x~_ on another person*s lot. All left over building materials and scraps shall be placed in the dumpster or placad behind the hou~ and disposed of periodically. 251 Smokeris~ Trace - Peachtree CRy, C, yeo~ia 30269 · 770-486-13:58 10. 11. 12. 13. 14. t5. 17. NO burial pits for construction debris shall be allowed. A trash can shall be placed at each construction site. Workers shall be directed to place ali hollies, cups, car~s, paper and food waste in these containers. These containers shall be emptied weekly, Sub-~ontrs/xors shall not play music (radios, tapes, boomboxes) loud enough that it can be heard from the street or an adjacent lot, NO music shall be allowed at construction sim adjacent to an occupied home. All music shall be promptly turned off if the home under construction is being impected by an owner, realtor, prospective buyer or city building official. NO alcoholic beverages shall be consumed by construceon workers in the subdivision and NO containers shall be permitted on the street or work site. Sub-contractors, suppliers, and construction workers shall not park cars, trucks, tra~lers or equipment on the curb, cartpaths or grass right-of-way e~cept when nece~ary. If necessary to park vehicles on the st!'eet, they shall be parked on one side w f~cilitate ~ flow of traffic. Vehicles shall not be parked in front of an occupied residence. NO fires will be permitted without a permit from the Peachtree City Fire Department, All. legal fire~ shall be extinguished at the end of the day, and NO active fire shall be left unattended. NO fire shall be permitted within 20 feet Of a neighboring property line nor within 20 feet of trees or underbrush. Builders shall inspect construction sites each Friday w insure that all trash and ur, tightly m_,,.!~ials have been removed and the subdivision is presentable for drive-by weekend . traffic. Driveways shall be poured as soon as practical. Front lawns shall be sodded and sid~ and rear yards shall be sodded or seeded within ten fatr weather work days after the driveway has been poured and the utilities have been tied. Exceptions can be made based on weather. Builders shall be responsible for mair~taining the lawn until 'the home h~ clo~cd. If the brass is not cut regularly and beds are not maintained, the developer may contract for the work to be done and the builder will be billed accordingly. RECOMlV~.NDATIONS 1. Po~t a sign at each construe?ion site that says."Plense keep mud offthe street." 2. Install water service as early as possible and provide a hose for workers to rinse the whe~ of exlting vehicles, to prevent mud from being on the street. Bncourage sub-contractbr~ ~vho have large numbers of laborers to have them meet at a Ventral location and carpoo! so that driveways and parking areas are not overcrowded. Require each sub-contractor to sign a Copy of these guldalines for your files.