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Southern Shore III DECLAILATION OF COVENANTS AND RESTRICTIONS FOR SOUTHEI~N SIIORE (PIIASE l/l) SUBDIVISION THIS DECLARATION is made as of the fl~'/~ day o~~ ~, 19 7~ by T~ EQUIT~LE LIFE ASSU~CE SOCIETY OF TI-~ UNITED STATES, a N~w York Corporation 0~ereinafi~r ~alled "Declarant"). c, r' . ' WI'I~ESSETH: C ~ - ~ · ;19 W~AS, Declarant owns certain lots and blocks of lots (heremaRer to in th~ aingu{ar aa a "Lot" ' and ~ the p ufa as "Lots") and surrounding properties ~ated Land Lots 124 and 133 of the 7th District of Fayette County, Georgia which~properF~is particularly shown on that certain plat of su~ey of Soutbecn Shore (Phase~lIl) recorded in Plat Book 24 at Pages 102 .and 103, Fayette County, .Georgia r~rds referred to as the "Propeay"); and , WHEREAS, Declarant desires to establish certain covenants and restrictions pertaining to tile ownership, development, use and enjoyment of tile Property. NOW THEREFORE, For and during tile term hereof, as hereinafter stated, be it hereby declared that the Property is subjected to the covenants, conditions and restrictions as follows: 1. RESIDENTIAL PURPOSE. Without specific written approval from Declarant no portion of the Property shall be used except for residential purposes; provided, however, that a commercial builder may use a residential dwelling constructed by it on a Lot for a sales office so long as it is actively offering for sale houses that it constructed on the Property. 2. ARCHITECTURAL GUIDELINES. ANY STRUCTURE OR IMPROVEMENT CONSTRUCTED ON ANY LOT, WI-tETHER TEMPORARY OR PERMANENT IN NATURE, SHALL BE DESIGNED AND BUILT IN ACCOPd)ANCE WITH THE ARCtlITECTURAL GUIDELINES ADOPTED BY THE AI/,CHITECTURAL REVIEW BOARD. 3. ARCHITECTURAL STANDARDS. No exterior construction, alteration, addition, or erection of any imiarove,nents of any nature whatsoever, including, without limitation, a change itl the color of any improvement, shall be commenced or placed upon any Lot, except such as is installed by tile Declarant, or as is approved in accordance with this Section, or as is otherwise expressly permitted herein. No exterior construction, addition, erection, or alteration 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 all Architectural Review Board established by the Declarant. The Declarant may employ for the Architectural Review Board architects, engineers, or other persons necessary to enable tile Architectural Review Board to perforn! its review. The Architectural Review Board ,nay, fro,n ti,ne to time, delegate any of its rights or responsibilities hereu,~der to one or more duly licensed architects or other qualified persons, which shall have Full authority to act on behalf of the Architectural Review Board for all matters delegated. The Architectural Review Board shall adopt tho design and development guidelines and tile application and review procedures set £orth in the Architectural Guidelines. Copies of the guidelines shall be available flora the Architectural Review Board for review. 'Tile Architectural Review Boa. rd shall have sole and full authority to prepare and to amend the Architectural Guidelines. It shall make tile Architectural Guidelines available to owners, builders, and developers who seek to engage in development of or construction upon all or any portion of tile Property and such owners, builders and developers shall conduct their operations strictly itl accordance therewith. Tile Declarant shall have tile right to appoint ali members of tile A~chitectural Review Board. There shall be no surrender of this right except in a written instrument in recordable lorn! executed by Declarant and recorded itl tile Land Records of' tile Clerk of tile Superior Court of Fayette County, Georgia. Upon the surrender of' such right, each year the resident owners of ali the Lots comprising time Property shall by majority vote appoint for a one year term three (3) resident owners to serve as the members of the Architectural Review Board. Tile Declarant hereby appoints Peachtree City Develop,riehl Corp. as tile sole member of tile 8 7 4 2 G 3 AA933280.063 Architectural Review Board to serve in such capacity for the term of this Declaration, unless sucl~ appointment is sooner terminated in writing by the Declarant, its successors or assigns, and either (i} a new person or entity is appointed by the Declarant or (ii) the Declarant surrenders its right hereunder to appoint tile members of the Archltectura[ Review Board. In tile event that tile Architectural Review Board fails to approve or to disapprove submitted plans and specifications within ten (10) business days after the plans and specilications have been submitted to it, such approval shall be deemed to Imve been given, but as to m~y such approval tile Lot owner, IBis successor and assigns shall be bound by and shall comply with all other provisions of this Declaration. As a condition of approval under this Section, all owner of a Lot shall assume all responsibilities for maintenance, repair, replacement, and insurance to and on ally change, modification, addition, or alteration. The Architectural Review Board shall be the sole arbiter of such plans and may withhold approval for ally reason, including purely aesthetic considerations, and it shall be entitled to stop any construction in violation of these restrictions. Any member of the Architectural Review Board or its representatives simll have the right, during reasonable bouts and after reasonable notice, to enter upon any Lot to inspect for the purpose of ascertaining whether or. not these restrictive covenants bare been or '~re being complied with. Such person or persons shall not be deemed guilty of trespass by reason,Of such entry. In addition to any other remedies, in the event of noncompliance with this Section, tile Architectural Review Board may record in the appropriate land records a notice of violation hereunder naming the violating owner. ' Plans and specifications are not approved by engineering or structural design or quality of materials, and by approving such plans and specifications ueitber the Architectural Review Board, the members thereof, nor the Declarant assumes liability or responsibility therefor, nor for ally defect in any structure constructed from such plans and speciticatim,s. Neither Declarant, the Architectural Review Board, nor their officers, directors, members, employees and agents shall be liable for damages to anyone submitting plans and specifications for approval, or to any owner of property affected'by these 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 avery owner of a Lot agrees that he will not bring any action or suit against Declarant, t!le Architectural Review Board, or their officers, directors, members, employees and agents to recover ally such damages and hereby releases, remises, quit-clailns, and covenants not to sue for ali claims; demands, and causes of action arising out of or in connection with any judgment, or nonfeasance and hereby waives tile provisions of any law which'provides that a general release does not extend to claims, demands, and causes of action not known at tile time the release is given. 4. NO .WAIVER .OF FUTURE APPROVALS. Tile approval of the Architectural Review Board of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring 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 aa to any similar proposals, plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent. 5. VARIANCE. The Architectural Review Board may authorize variances from compliance with any of the provisions of the Architectural Guidelines when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless in writing, (b) be contrary to the restrictions set forth in the body of this Declaration, or (e) estop tile Architectural Review Board from denying a variance in other circumstances. For purposes of this Section, tile inability to obtain approval of any governmental agency, tile issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance. 6. SQ.U. AR~ FOOTAGE. No house shall be constructed on (a) Lots 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89 or 90 having an enclosed heated area, exclusive of tile garages, porches and basements of less than 2,200 square feet, nor more than tile maximum square footage defined and described in tile Architectural Guidelines; or (b) Lots 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 6:3, 64, 65, 66, 67, 91, 92, 93, 94, 95 or 96 having -2- AAg33280.063 . o. att euclosed heated are.a, exclusive of the garages, porches and basements of less than 2,,100 . ... square feet, nor more than the maximum square footage defined and described in the Architectural Guidelines. 7. CONSTRUCTION. The exterior of all structures must be completed within one (I) year after the construction of same shall have commenced (city building permit date), except where such completion is impossible or would result in great hardship to 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 Architectural Review Board after application for such extension is requested by any owner or builder of a Lot. 8. FENCE AND WALLS. No £ence 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 Architectural Review Board, its agents, successors, or assigns. 9. SIGNS. Without specific written approval from the Architectural Review Board no sign may be displayed to the public view on any Lot. All signs must be professionally prepared. 10. SUBDIVISION OF LOTS. No Lot shall be subdivided in any way for sale, resale, gift, transfer, or other purposes, except with tile written approval of Declaraut. Il. BOATS AND TILAILERS. No boat trailer, house trailer, trailer, or any 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-to-date licenses. Boats and recreational vehicles must be stored in enclosed garages or otherwise screened flora public view. 12. TREES. No trees shall be removed from any Lot without written authorization from the Architectural Review Board, who may adopt and promulgate rules and regulations for the preservation of trees and other natural resources on the Property. 13. 7I'EMPOILARY STRUCTURE. Without the prior written consent of the Architectural Review Board, no temporary building, trailer, garage, or structure shall be maintained or allowed tq exist on a Lot, nor may the same be used, temporarily or permanently, as residence. 14. STORAGE. 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 actual 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. 15. FUEL TANKS AND ANTENNAS. All fuel tanks 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. Ar~y exterior installation is subject to Architectural Review Board's approval. Without the prior written app?oval of the Architectural Review Board no auxiliary devices (such as TV and radio antennas and towers or satellite dishes) shall be erected or maintained upon a Lot (iucluding the improvements constructed thereon) unless the same is in compliance with tire Architectural Guidelines. 16. LANDSC ,APING. 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 Architectural Review Board. The failure of such owner to comply with the foregoi,g restriction shall give the Architectural Review Board tire right, but trot tile obligation, to enter upon the site aud 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 enforceabh by the Architectural Review Board. 8 7 g 5 17. MAINTENANCE. 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 structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. In tile event ofdamage or destruction to any such building et structure, such building or structure may be repaired or reconstructed in accordance with previously approved plans and specifications. In tile event the owner of. ally Lot elects not to repair or reconstruct, then such owner ora Lot shall within ninety (90) days of such damage or destruction remove the structure, grade tile property, and return same to a clean and well maintained condition. Should such owner o[` a Lot ['ail to begin reconstruction or removal within such ninety day period, Architectural Review Board shall have the right, privilege and license, but not the obligation, to enter upon tile site, remove such damage or destroyed structure, and grade the site at the owner's expense. Any such expense incurred by tile Architectural P, eview Board shall be paid ill full by such owner within live (5) days alter written demand therefor, the £ailure o[` said owner to pay such cost within said time period.shall give rise to a lien against the Lot enforceable by the Architectural Review Board. 18. DEELAILANT'S SIGNS. 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 tile development, sale, operation, or other disposition of Declarant's property within Peachtree City. 19. NOTICE. 'Every person who now or hereafter owns or acquires any right, title, estate, or interest ill or to the Property or any portion thereo[` is and shall be conclusively deemed to have consented and agreed to every limitation, restriction, easetnents, condition and covenant contained herein and in the Architectural Guidelines, whether or not any reference to these restrictions is contained in the instrument by which such person acquired an interest in said Lot or any portion o[`the site. 20. DECORATIVE API'URTENANCES, RECREATIONAL FACILITIES AND ENERGY CONSERVATION I~OUtPMEN'F. Without tile prior written consent or the Architectural Review B..oard lie decorative appurtenances or recreational [`acilities including, without limitation, trampolines, skateboard ramps, tree houses, play houses, deer stands, swing sets or basketball go~ls shall be installed or maintained on a Lot or any portion thereo['. Above- ground swimming pools on any Lot are prohibited. In-ground swimming pools may be installed and maintained only after tile prior written approval of the Architectural Review Board. Without the prior written consent o£ the Architectural Review Board, no solar energy panels.and related hardware or any other energy conservation equipment shall be installed or maintained on a Lot or any improvement constructed thereon. 21. INSPECTION. Tile Architectural Review Board may, f.rom time to time, at ally reasonable hour or hours, enter upon and inspect any Lot for tile purpose of' ascertaining compliance herewith. In addition, during the period of construction of any improvements on a Lot the Architectural Review Board shall also have tile right to enter uj~on and inspect any such improvements under construction t'or the purpose o£ascertaining compliance herewith. 22. .CONSENT8 AND ENFORCEMENT.. For purpos9 of these restrictions, any written consents or approvals may be given by such person or entity as the Declarant may flora time to time designate in writing, which designation has been or will be filed ill tile public records maintained by the Clerk of' tile Superior Court of Fayette County, Georgia and which will be effective until tile same is revoked in like Illamler. The Declarant is tile owner of other properties in tile area in which tile Property subjected to tile 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 tile enforcement of tile restrictions and covenants set f.ortb herein and established hereby and may enforce compliance with such covenants and restrictions notwithstanding that tile Declarant may no longer have an ownership interest in tile Property subjected hereto. AAg33280.O<Kt -4- DECLAIL, XNT SHALL NOT BE LIABLE TO ANY PERSON WHOMSOEVER FOR ANY VIOLATIONS OF THESE RESTRICTIONS AND DECLAILANT DOES NOT. WARILANT TO ANYONE THAT THESE RESTRICTIONS WILL 'BE ENFORCED AS TO ANY PROPERTY TO WHICIt THIS DECLAI'.ATION IS APPLICABLE. Till INITIATION OF ENFORCEMENT ACTION FROM TIME TO TIME BY DECLARANT OF THE ABOVE RESTRICTIONS WlLL'BE FOR ITS SOLE BENEFIT AND CONTROL AND DECLARANT SPECIFICALLY DISAVOWS ANY OBLIGATIONS, IMPLIED OR OTI-LERWlSE, TO MAINTAIN OR ENFORCE THESE RESTPdCTIONS: HOWEVEIL, THIS SHALL NOT PILECLUDE OR PREVENT TI-il OWNER OF ANY PORTION OF THE PROPERTY FROM BRINGING SUCH ACTION AS IT DEEMS NECESSARY IN ORDER TO ENFORCE THESE RESTRICTIONS AGAINST ANY PAP, T 1N VIOLATION T!tEREOF OTItER THAN DECLAILANT. ALL COSTS AND EXI)ENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COST) INCURRED BY THE DECLARANT, THE ARCHITECTURAL P, EVIEW BOARD 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 TIlE OWNER FOUND TO BE IN VIOLATION. 23. EASEMENTS. Declarant reserves for itself, its successors and assigns and 'for Georgia Utilities Company a,]d any other utility company providi,]g services to the Property easements as shown on the plat of survey referred to herein]hove for.the purpose of installing, maintaining, repairing, 'mid replacing utility (water, gas, electricity, sewage, surface water drainage) lines and services and other purposes related and necessary thereto. 24. AMENDMENT. Until such time as the Declarant surrenders its rights under Section 3 hereof to appoint all members of the Architectural Review Board, this Declaration may not be amended without the Declarant's prior written consent. Any amendment to this Declaratio,] shall only be effective upon the filing of an instrument in the Fayette County Land Records. 25. SEVEILA. BILITY AND TERM. Invalidation of any of]he 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 any portion of the Property for a period of twenty (20) years from the date hereof. After which time such covenants and restrictions shall automatically be extended for successive five' (5) year periods unless an ins]run]eat is recorded it] the Fayette County Land Records signed by (i) the Declarant, if the Declarant has not surrendered its right under Section 3 hereof to appoint all members of the Architectural Review Board, or (ii), if the Declarant has surrendered such right, a majority of the then owners of the Lots comprising the property. IN WITNESS WHEREOF, this docun]ent has been executed and' sealed as of the day and year first above writteq.. Signed, sealed and de..~jvered in our presence ti]is ~ ot day of Wiu ness · . ~ ' ' ~ My ~mmlsslon ~plms March 27, 1995 · '"' PUL ~9332~.~3 THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES -5-