Southern Shore V[: I L E D ~,. r:,E 0 0 [~ bcI~c]CLARATION OF COVENANTS AND RESTRICTIONS FOR
.... -..,/ SOUTHERN SHO~ (PHASE ~ SUBDIVISION
THISDECL~TION is made as of the /~ ~ay of~~ , 1~ g by
,T.~,~QUIT~LE LI~ ASS~CE SOC~TY OF T~ ~ITED STATES, a New York
~;Lc~p~ttS~l~e~ r called "Declarant").
WITNESSETH:
WHEREAS, Declarant owns certain lots and blocks of lots (hereinafter collectively referred
to in the singular as a "Lot" and in the plural as "Lots") and surrounding properties located in
Land Lots 133 and 134 of the 7th District of Fayette County, Georgia which property is more
particularly s~Jaown on that certain plat of survey of Southern Shore (Phase V) Subdivision,
recorded in'Plat Book 25 at Pages 107 and 108, Fayette County, Georgia records (hereinafter
referred to as the "Property"); and
WHEREAS, Declarant desires to establish certain covenants and restrictions pertaining to
the ownership, development, use and enjoyment of the Property.
NOW THEREFORE, for and during the 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, WHETHER TEMPORARY OR PERMANENT IN
NATURE, SHALL BE DESIGNED AND BUILT 1N ACCORDANCE WITH THE
ARCHITECTURAL GUIDELINES ADOPTED BY THE ARCHITECTURAL REVIEW
BOARD.
3. ARCHITECTURAL STANDARDS. No exterior construction, alteration, addition,
or erection of any improvements of any nature whatsoever, including, without limitation, a change
in the color of any improvement, shall be commenced or placed upon any Lot, except such as is
installed by the 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 an
Architectural Review Board established by the Declarant. The Declarant may employ for the
Architectural Review Board architects, engineers, or other persons necessary to enable the
Architectural Review Board to perform its review. The Architectural Review Board may, from
time to time, delegate any of its rights or responsibilities hereunder 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 the design and development guidelines and the application and review procedures set forth
in the Architectural Guidelines. Copies of the guidelines shall be available from the Architectural
Review Board for review. The Architectural Review Board shall have sole and full authority to
prepare and to amend the Architectural Guidelines. It shall make the Architectural Guidelines
available to owners, builders, and developers who seek to engage in development of or
'construction upon all or any portion of the Property and such owners, builders and developers
shall conduct their operations strictly in accordance therewith.
The Declarant shall have the right to appoint all members of the Architectural
Review Board. There shall be no surrender of this right except in a written instrument in
recordable form executed by Declarant and recorded in the Land Records of the Clerk of the
Superior Court of Fayette County, Georgia. Upon the surrender of such right, each year the
resident owners of all the Lots comprising the 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.
The Declarant hereby appoints Peachtree City Development Corl~. as the sole member of the
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AA942840.102
Architectural Review Board to serve in such capacity mr me term otthis uecmratton,'unless such
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 the members of the Architectural Review Board.
In the event that the Architectural Review Board fails to approve or to disapprove
submitted plans and specifications within ten (10) business days after the plans and specifications
have been submitted to it, such approval shall be deemed to have been given, but as to any such
approval the Lot owner, his 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, an owner of a
Lot shall assume all responsibilities for maintenance, repair, replacement, and insurance to and on
any change, modification, addition, or alteration. The Architectural Review Board shall be the
sole arbiter Of such plans and may withhold approval for any 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 shall have the right, during
reasonable hours and after reasonable notice, to enter upon any Lot to inspect for the purpose of
ascertaining whether or not these restrictive covenants have been or are 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, the 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 s~ructural design or
quality of materials, and by approving such plans and specifications neither the Architectural
Review Board, the members thereof, nor the Declarant assumes liability or responsibility therefor,
nor for any defect in any structure constructed from such plans and specifications. 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 disapprovo 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 Architectural Review Board, or their 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, 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 time
the release is given.
4. NO WAIVER OF FUTUR~ APPROVALS. The 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 as 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 (c) estop the Architectural Review Board from denying a variance in other
circumstances. For purposes of this Section, the inability to obtain approval of any governmental
agency, the issuance of any permit, or the terms of any financing shall not be considered a
hardship warranting a variance.
6. SQUARE. FOOTAGE. No house shall be constructed on any Lot having an
enclosed heated area, exclusive of the garages, porches and basements of less than 2,800 square
feet.
AA942840.102
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7. CONSTRUCTION. The exterior of all structures must bo 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 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 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 Architectural Review Board, its agents, successors, or assigns.
sign may be
10.
gift, transfer,
SIGNS. Without specific written approval from the Architectural Review Board no
displayed to the public view on any Lot. All signs must be professionally prepared.
SUBDIVISION OF LOTS. No Lot shall be subdivided in any way for sale, resale,
or other purposes, except with the written approval of Declarant.
11. BOATS AND TRAILERS. 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 from 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. TEMPORARY STRUCTURE. Without the prior written consent of the
Architectural Review Board, 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.
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. Any exterior installation is subject to
Architectural Review Board's approval. Without the prior written approval 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 (including the improvements constructed thereon)
unless the same is in compliance with the Architectural Guidelines.
16. LANDSCAPING. 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 foregoing restriction shall give the Architectural Review Board
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 Architectural Review Board.
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
BOOK ,(:}' z]. 7 P/1[;E 5 9
AA942840.102
BOOK z] '7 PAGE 0
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 return 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, Architectural
Review Board shall have the right, 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 Architectural Review Board shall be paid in full by such owner
within five (5) days aRer written demand therefor, 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 Architectural
Review Boar~l.
18. DECLARANT'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 the 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 in or to the Property or any portion thereof is and shall be conclusively deemed
to have consented and agreed to every limitation, restrictioh, easements, 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 of the site.
20. DECORATIVE APPURTENANCES, RECREATIONAL FAq~ILITIES AND
ENERGY CONSERVATION EQUIPMENT. Without the prior written consent of the
Architectural Review Board no decorative appurtenances or recreational facilities including,
without limitation, trampolines, skateboard ramps, tree houses, play houses, deer stands, swing
sets or basketball goals shall be installed or maintained on a Lot or any portion thereof. Above-
ground swimming pools on any Lot are prohibited. In-ground swimming pools may be installed
and maintained only after the prior written approval of the Architectural Review Board. Without
the prior written consent of 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. The Architectural Review Board 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 improvements on a
Lot the Architectural Review Board shall also have the right to enter upon and inspect any such
improvements under construction for the purpose of ascertaining compliance herewith.
22. CONSENTS AND ENFORCEMENT,
· For purpose of these restrictions, 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.
The Declarant is the owner of 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 enforcement of the
restrictions and covenants set forth herein and established hereby and may enforce compliance
with such covenants and restrictions 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 VIOLATIONS OF THESE RESTRICTIONS AND DECLARANT DOES NOT
WARRANT TO ANYONE THAT THESE RESTRICTIONS WILL BE ENFORCED AS TO
AA942840.102
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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 AND CONTROL AND DECLARANT
SPECIFICALLY DISAVOWS ANY OBLIGATIONS, IMPLIED OR OTHERWISE, TO
MAINTAIN OR ENFORCE THESE RESTRICTIONS: HOWEVER, THIS 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 DECLARANT, THE
ARCHITECTURAL REVIEW 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 THE
OWNER FOUND TO BE IN VIOLATION.
23. EASEMENTS. Declarant reserves for itself, its successors and assigns and for
Georgia Utilities Company and any other utility company providing services to the Property
easements as shown on the plat of survey referred to hereinabove for the purpose of installing,
maintaining, repairing, and 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
Declaration shall only be effective upon the filing of an instrument in the Fayette County Land
Records.
25. SEVE1LABILITY 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 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 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 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 document has been executed and sealed as of the day and
year first above written.
Signed, sealed and delivered in our
prese_nce this / ,,a_-~ day of
,19 ¢F
Witness
ry publiX'RotarY Public, 6wlnnott County,
-' ',./ ...... My Commiaaion ~plres ~=rci~ 27,
THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
Its: !~i~~i1[ "
(com,
· ~: ,ii: -. ,: ::'
AA942840.102
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