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Smokerise Estates V FILED ~'~ RECORDED F..:~;' ['PiF:~'C-~,Q~ OF COVENANTS, CONDITIONS AND RESTRICTIONS '96 JUL 31 Rrq 10 q%OR SMOKERISE ESTATES PHASE FIVE VI:A. BALLARg, CLER,~. PEACHTREE CITY, GEORGIA. WHEREAS, it is to the interest, benefit and advantage of S & G PROPERTIES, INC. (hereinafter referred to as" S & G ") 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 establishment, set forth and declared to be covenants running with the land; and WHEREAS, S & G deems it advisable to have a committee to administer said conditions and restrictions, and do hereby name Sharon M. Gibson and Brian Messer as 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, S & G for itself, its successors and assigns and its future grantees, do 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 BOOK J 347 BOOK 3,18 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 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 construction plans and specifications and plan showing the location of the structure have been approved by the committee as to quality of 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 committee. In the event the committee fails to approve or disapprove said design or location within thirty (30) days after submission of a written request, than 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 builders expense. All house sites and driveways must be staked out and such siting approved before tree cutting or grading is begun. 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 committee. If masonry or stucco construction is approved, then the exterior wall of any dwelling shall consist of masonry or stucco construction B00 :l 0 8 covering the front, sides and rear exterior wall area, excluding door and window openings, architectural accents and porch or deck construction. If construction with materials other then masonry or stucco is approved, the use of masonry or stucco shall not exceed sixty percent (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 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 shall be as follows: Single story, 2800 square feet; Two story, 3200 square feet. The minimum floor area herein referred to shall not include basements, attics, garages, patios, terraces or open porches of any type. No dwelling shall be erected without providing a parking space consisting of a concrete 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 the structural design, quality of workmanship and harmony of external design with the dwelling house. Said garage shall be connected by a paved concrete driveway 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. Driveways 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 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 all metal. All front lawns shall be completed by the installation of sod in all areas of the front lawn. Corner lots must be sodded on both streets by the curbing to a. minimum of twelve (12) feet from the curb. 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 rear lot line or nearer to the side street than the minimum building set back line 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 line 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 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 purposes 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 BOOK ] 08~P~61:' 3'~,~ 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 the discretion of the committee's strict enforcement of these set back provisions would work a hardship. 5. SUBDIVISION OF LOTS: No lot shall be subdivided for sale or othe~ise 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) S & G reserves an easement in and right at any time in the future to grant a fifteen or twenty five foot right of way as designated on said plat, over, under and along 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. S & G also reserves an easement in and right at any time in the future to grant a ten 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 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 assessable to the public and quasi public utility corporations, and other persons erecting, constructing and 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 be 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 foot strip along the rear and sides of all lots for drainage purposes, said easement being within the fifteen foot and twenty five 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 or sand and gravel pits, no soil removal or top soil 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 kind shall be maintained on the premises. (e) No motor vehicle shall be permitted to remain on the premises for no 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 as vans, school buses, transport trucks, and dump trucks. Pickup trucks are acceptable. (f) No outside radio and television antennas. Television satellite dishes may be installed if the size of the dish does not exceed twenty (20) inches in diameter. (g) (h) (i) (J) newspaper boxes are not permitted. No window air conditioning units may be visible from the street. All playground equipment shall be placed on the rear of the property. All boats, boat trailers, travel trailers and campers shall be kept in the garage. All mailboxes shall be of a brick or masonry structure. Free standing BOOK 1082 6E 353 354 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 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 tracts 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. 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. This includes lots that may not have a dwelling erected on them. 11. MAINTENANCE OF ENTRANCES: At such time as the undersigned shall have conveyed seventy (70%) 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. The owners of the lots may elect to establish a homeowners 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. The maintenance fees of Smokerise Estates Phase Five will be combined with the other four phases of Smokerise Estates. 12, SEWAGE DISPOSAL: (a) 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 including any tap on fees. 13. SIGHT DISTANCE AT INTERSECTIONS: No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two and six foot 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 feet from the intersection of the street lines, or in the case of a rounded property comer from the intersection of the street property lines extended. The same sight-line limitations shall apply to any lot within ten 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 years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten 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 the 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 fome 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 S & G Properties, Inc. other than the land specifically designated on Page 1 of these protective covenants as being subject to said protective covenants. IN WITNESS WHEREOF, S & G Properties, Inc., the Declarant herein, has hereunto set its hand and affixed its seal, this 31st day of July, 1996. S & G PROPERTIES, INC. Sharon M. Gibson ~,," v:,:,.~;'(..... Its President -: Brian Mes.~r Its Secretary Signed, sealed and delivered ness Notary Public I. O82 A E 357 :358 EXHIBIT "A" All that tract or parcel of land lying and being in Land Lots 91 and 102 of the 7th District of Fayette County, Georgia, and being Smokerise Estates, Phase Five, as shown on plat of said subdivision recorded in Plat Book ,~,~, Pages ~l'~and ~ ¢, in the office of the Clerk of Superior Court of Fayette County, Georgia, consisting of Lots 1 through 23, inclusive.