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Southern Trace DECLARATION OF COVENANTS ~ RESTRICTIONS FOR SOUTHERN TI~ACE SUBDIVISION This Declaration of Protective Covenants and Restrictions for Southern Trace Subdivision is made this 14th day of June, 1988, by Richard W. Bearden, dba Regency Homes ("Declarant"). WHEREAS, the Declarant desires to establish certain covenants and restrictions pertaining to the' ownership, develop- ment and use of certain lots owned by Declarant located in Land Lot 93 of the ?th District of Fayette County, Georgia., which property is more particularly described on that certain plat of survey of Southern Trace subdivision by J. R. Wood dated December 10, 1987, recorded in Plat Book 18, pages 161 and 162, Fayette County Records. SECTION 1. DECLARATION For and in consideration 'of the benefits to be derived by Declarant and each and every subsequent owner-of a Lot (a "Property Owner") Declarant does hereby establish~ promulgate and declare the following covenants and restrictions to govern the ownership, development and use of the Property and every Lot com- prised thereof and the owners~ip, design, construction, use and maintenance of the improvements to be constructed thereon. These covenants and restrictions (the "Covenants") shall become effec- tive immediately, shall run with the land and shall be binding on the Property for a period of twenty (20) years from the date hereof, after which the Covenants shall be automatically extended for successive ten year periods unless an instrument signed by all of the owners of the lots in said subdivision has been recorded, agreeing to the termination and/or change of said covenants. The Covenants may be amended by an instrument in writing signed and acknowledged by =he record owners of all lots in the subdivision, which amendment shall be effective upon recordation in the office of the Clerk of Superior Court, Fayette County, Georgia, and further, that no such amendment shall effect the rights of property owners of any deed of trust or mortgage recorded prior to the recordation of such an amendment. SECTION 2. LAND USE AND BUILDING TYPE No structures or other improvements shall be erected, altered, placed or permitted to remain on any Lot other than one single family residential dwel/ing with either a detached or an attached garage for not less than two but not more than four cars. Detached garages are not to exceed one story in height. The dwelling shall not exceed a height of 35 feet. As used herein the term "single family residential dwelling" shall be construed to prohibit the use. of said Lots for duplex houses, garage apartments or apartment houses. No building of any kind or character shall ever be moved onto or constructed on any Lot within the Subdivision. It is the intention of these Restric- tions and Covenants to prohibit the moving in of any existing building onto a lot and remodeling or converting same into a 515 discretion shall be submitted to Richard Bearden dba Regency Homes, or its designated representative. The construction plans and specification submitted to Richard W. Bearden dba Regency Homes must clearly depict all proposed improvements and will con- sist of complete construction documents including site plan, scale: one inch to 20 foot clearing plan (may be combined with landscape plan), a landscape plan, a foundation plan, floor plans, all exterior elevations, building section (if more than one story or if special interior ceiling conditions exist). The final submission must also include the sample of all materials and colors to be used on the exterior together with specifica- tions which will positively identify all such materials and colors. Ail drawings must be submitted in duplicate and must be architectually drafted. Within 15 working days after the date the construction plans and specifications, the plot plan and all other required documents, in~truments and materials have been submitted to Richard W. Bearden dba Regency Homes, Richard W. Bearden dba Regency Homes shall either (a) approve the plans and specification and return one set marked "Approved" or (b) disap- prove of the plans and specifications and return one set of the same, but specifying the deficiencies in the.plans and specifica- tions or the changes or additional information which are required before said plans and specifications can be approved. In the event Richard W. Bearden dba Regency Homes fails to approve or disapprove such plans and specifications with 15 working days after the same are submitted to it, it shall be conclusively dwelling unit. SECTION 3: DWELLING SIZE AND COST No residence shall be erected on any lot which shall contain less than 2800 square feet of heated and/or air cbnditioned living area for one-story structures, or 3400 square feet of heated and/or air conditioned for two-story structures; carports, garages, porches, and basements shall be excluded in determining the square footage in a residence. SECTION 4. APPROVAL OF BUILDING PLANS AND LANDSCAPING No building or other improvements shall be constructed, erected, altered, maintained or permitted to remain on any Lot until construction plans and specifications and a plot plan show- ing the location of the proposed improvements, have been approved in writing by Richard W. Bea~den dba Regency Homes, as to the harmony of exterior design and color with existing structures, the location with respect to topography and finish ground eleva- tion and compliance with the minimum construction standards of the City of Peachtree City, Fayette County, Georgia and the provisions of this DeclaratiDn. Prior to commencement of construction, two(2) copies of the construction plans including but not limited to plot plan showing location of structure, drives, walks, decks, eto., together with such other documents, materials or information as herein provided or as may be requested by Richard W. Bearden dba Regency Homes, in it sole 5 0 518 presumed that Richard W. Bearden dba Regency Homes has approved the plans and specifications. Before any landscaping shall be done in the front of any newly constructed dwelling, the landscape layout and plans shall have been first approved by Richard W. Bearden dba Regency Homes under the procedure outlined above. Landscaping requires that all grassed front yards be sodded, other than those areas not landscaped with planting beds or left in a natural setting. Prior to clearing (during permit proceedings) the builder shall have staked out four corners of structure for site evaluation for clearing and structure location. All landscaping shall be in- stalled in accordance with the approved landscaping plan and shall be completed within a reasonable period of time. Richard W. Bearden shall be the general contractor or builder of all houses constructed within the subdivision, unless he, in writing, declines to do so. SECTION 5= BUILDING LOCATION The subdivision is located within an area that has been designated R-43, Residential District, by the City of Peachtree city. Ail buildings and/or improvements shall be governed by the R-43 designation. As of this'date, the R-43 zoning calls for a fifty foot (50') front building line, thirty foot (30') rear building line, and fifteen foot (15') side line. SECTION 6: ANNOYANCE OR NUISANCES No obnoxious or offensive activities shall be carried on upon any Lot nor shall anything be done thereon which may become an annoyance to the other Property Owners in the Subdivision. The display or shooting of firearms, fire works, or fire crackers is expressly forbidden. In addition, any action or omission as a result of which any of the provisions of this Declaration is vio- lated in whole or in part is hereby declared to be and to con- stitute a nuisance, and every remedy allowed by law or equity against the party so violating this Declaration shall be ap- plicable with respect to every such violation and may be exer- cised by the Declarant or Richard W. Bearden dba Regency Homes. SECTION ?~ TEMPORARY STRUCTURES No structure of temporary character whether trailer, tent, shack, garage, barn or out building shall be maintained or used on any Lot at any time as a residence. Notwithstanding the foregoing, a builder who is constructing a residential dwelling on a Lot owned by it (a "Builder") shall have the right during the period of the construction of said dwelling to erect, place and maintain such facilities ~n or upon any portion of a Lot as may be necessary or convenient while constructing a dwelling residence and other improvements on that Lot. Such facilities may include (but are not necessarily limited to) sales and con- struction offices, storage areas, model units, signs and portable toilet facilities. BOOK 505PAGE SECTION 8: SIGNS No signs, billboard, posters or advertising devices of any character shall be erected, permitted or maintained 'on any Lot without the expressed prior written consent of the Declarant, ex- cept for a Builder who may place on each Lot owned by such Builder during the construction and sales period of improvements. No more than one sign shall be placed upon any Lot. The Declarant, or its agents shall have the right to remove any. sign not complying with the above restriction and in so doing shall not be liable and expressly relieved from any liability from trespass or other connections therein or arising from such removal. The right is reserved by the Declarant to construct and maintain such signs, billboards or advertising devices as is cus- tomary in connection with th~ general sale of the Property and the Lots. Resale of property and respective signage shall comply in full with restrictions as stated. SECTION 9: FENCE AND PRIVACY WALL CRITERIA No fence of any nature may be constructed, installed or erected on any Lot without the prior written approval of Richard W. Bearden dba Regency Homes, and without complying with R-43 residential zoning requirements as stipulated by the Code of Or- dinances City of Peachtree City, Georgia. SECTION 10: SWIMMING POOLS Any and all swimming pools not approved with the original architecture and landscape plans shall be submitted for approval to Richard W. Bearden so long as he still owns lots within the subdivision. SECTION 11: LIVESTOCK AND POULTRY No animals, poultry, or livestock shall be raised, bred or kept on any lot. Dogs, cats, or other household pets may be kept provided they are not kept, bred, or maintained for any commer- cial purposes. SECTION 12: EXTERIOR AND YARD MAINTENANCE The exterior finish of any structure on any lot shall at all times be maintained in good condition and repair, including any painted finishes. In addition, all yard areas and any plantings thereon shall be kept in a clean, neat and well appearing condi- tion in accordance with reasonable standards of garden care and horticulture. SECTION 13: ENFORCEMENT If the parties hereto or their successors shall violate or attempt to violate any of the Covenants herein, either during the initial term or any extended term, it shall be lawful for any person owning real property subject to these Covenants to pursue BOOK 505PAGE 52! BOOK 505PAGE any proceeding at law or in equity against the person or persons violating these covenants. Enforcement shall be by the proceed- ings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain viola- tion or to recover damages. SECTION 14= EASEMENTS Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear ten feet inside five feet of each lot. SECTION 15: SEWAGE DISPOSAL No individual sewage disposal system shall be permitted on any lot unless such system is designed, located, and constructed in accordance with the requirements, standards, and recommenda- tions of the State Department of Public Health and/or the Fayette County Health Department. Approval of such system shall be ob- tained from such authority. SECTION 16: SEVERABILITY It is the intention of the Declarant to impose on the sub- ject property mutual and beneficial restrictions under a general plan or scheme of improvement for the benefit of all of the land and the subdivision, and the future owners of those lands. If, for any reason, any provision or provisions of this instrument shall be found or deemed to be inconsistent with the general plan or scheme of improvement, then any such covenant hereto shall be void and of no effect, and all of the other 9rovisions then remaining shall remain in full force and effect. Further, the invalidation of one or more of these covenants by judgment or court order shall in no way effect the validity or enforceability of any of the other covenants herein contained. IN WITNESS WHEREOF, this Declaration has been executed sealed as of ~he day and year first above written. blic - ' My commission expires= ,,,~,""""'..o No~a~ Public. Fayett~County. Georg[a ,,'O'x ~ B. '~,%,o My Commission Expires Sept 3. 1991 · "' ~'.' ........ :I'~. :',, . l,~.. ..~j. '~;.~, '.. ..".4'.5' ~ :, I ~ ~ BEARDEN, DBA P7 C'~!,', . '. ~;'Y 0 ES Richard W. Bearden GEOi~GIA, FaYette County Clerk's Office S~erior Court Filed for record( ]~-~-' ~ 3 19 g'.'v v~ M. 2 Recorded in Book ~ Page Th~s ~ day of 'J~,~ 19 Clerk Boo 5 0 5 2 3