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DECLAILATION OF COVENANTS AND RESTRICTIONS FOR <br /> SOUTHEI~N SIIORE (PIIASE l/l) SUBDIVISION <br /> <br /> THIS DECLARATION is made as of the fl~'/~ day o~~ ~, 19 7~ by <br />T~ EQUIT~LE LIFE ASSU~CE SOCIETY OF TI-~ UNITED STATES, a N~w York <br />Corporation 0~ereinafi~r ~alled "Declarant"). c, <br /> r' . ' <br /> <br /> WI'I~ESSETH: <br /> C ~ - ~ · ;19 <br /> <br /> W~AS, Declarant owns certain lots and blocks of lots (heremaRer <br />to in th~ aingu{ar aa a "Lot" ' <br /> and ~ the p ufa as "Lots") and surrounding properties ~ated <br />Land Lots 124 and 133 of the 7th District of Fayette County, Georgia which~properF~is <br />particularly shown on that certain plat of su~ey of Soutbecn Shore (Phase~lIl) <br />recorded in Plat Book 24 at Pages 102 .and 103, Fayette County, .Georgia r~rds <br />referred to as the "Propeay"); and , <br /> <br /> WHEREAS, Declarant desires to establish certain covenants and restrictions pertaining to <br />tile ownership, development, use and enjoyment of tile Property. <br /> <br /> NOW THEREFORE, For and during tile term hereof, as hereinafter stated, be it hereby <br />declared that the Property is subjected to the covenants, conditions and restrictions as follows: <br /> <br /> 1. RESIDENTIAL PURPOSE. Without specific written approval from Declarant no <br />portion of the Property shall be used except for residential purposes; provided, however, that a <br />commercial builder may use a residential dwelling constructed by it on a Lot for a sales office so <br />long as it is actively offering for sale houses that it constructed on the Property. <br /> <br /> 2. ARCHITECTURAL GUIDELINES. ANY STRUCTURE OR IMPROVEMENT <br />CONSTRUCTED ON ANY LOT, WI-tETHER TEMPORARY OR PERMANENT IN <br />NATURE, SHALL BE DESIGNED AND BUILT IN ACCOPd)ANCE WITH THE <br />ARCtlITECTURAL GUIDELINES ADOPTED BY THE AI/,CHITECTURAL REVIEW <br />BOARD. <br /> <br /> 3. ARCHITECTURAL STANDARDS. No exterior construction, alteration, addition, <br />or erection of any imiarove,nents of any nature whatsoever, including, without limitation, a change <br />itl the color of any improvement, shall be commenced or placed upon any Lot, except such as is <br />installed by tile Declarant, or as is approved in accordance with this Section, or as is otherwise <br />expressly permitted herein. No exterior construction, addition, erection, or alteration shall be <br />made unless and until such plans and specifications showing at least the nature, kind, shape, <br />height, materials, and location shall have been submitted in writing to and approved by all <br />Architectural Review Board established by the Declarant. The Declarant may employ for the <br />Architectural Review Board architects, engineers, or other persons necessary to enable tile <br />Architectural Review Board to perforn! its review. The Architectural Review Board ,nay, fro,n <br />ti,ne to time, delegate any of its rights or responsibilities hereu,~der to one or more duly licensed <br />architects or other qualified persons, which shall have Full authority to act on behalf of the <br />Architectural Review Board for all matters delegated. The Architectural Review Board shall <br />adopt tho design and development guidelines and tile application and review procedures set £orth <br />in the Architectural Guidelines. Copies of the guidelines shall be available flora the Architectural <br />Review Board for review. 'Tile Architectural Review Boa. rd shall have sole and full authority to <br />prepare and to amend the Architectural Guidelines. It shall make tile Architectural Guidelines <br />available to owners, builders, and developers who seek to engage in development of or <br />construction upon all or any portion of tile Property and such owners, builders and developers <br />shall conduct their operations strictly itl accordance therewith. <br /> <br /> Tile Declarant shall have tile right to appoint ali members of tile A~chitectural <br />Review Board. There shall be no surrender of this right except in a written instrument in <br />recordable lorn! executed by Declarant and recorded itl tile Land Records of' tile Clerk of tile <br />Superior Court of Fayette County, Georgia. Upon the surrender of' such right, each year the <br />resident owners of ali the Lots comprising time Property shall by majority vote appoint for a one <br />year term three (3) resident owners to serve as the members of the Architectural Review Board. <br />Tile Declarant hereby appoints Peachtree City Develop,riehl Corp. as tile sole member of tile <br /> 8 7 4 2 G 3 <br /> <br />AA933280.063 <br /> <br /> <br />