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Declaration of Covenants and Restrictions for <br />Spooner Ridge Subdivision, Phase II <br /> <br /> THIS DECLARATION is made as of the.~-~ day of <br />1990 by THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED <br />STATES, a New York Corporation (hereinafter called "Declarant"). <br /> <br />WITNESSET~: <br /> <br /> WHEREAS, Declarant owns certain lots and blocks of lots <br />(hereinafter collectively referred to in the singular as a <br />"Lot" and in the plural as "Lots") and surrounding properties <br />located in Land Lots 132 and 133 of the 7th District of Fayette <br />County, Georgia which property is more particularly shown on <br />that certain plat of survey of Spooner Ridge Subdivision, Phase <br />II, recorded in Plat Book 21 at Pages 98 and 99, Fayette <br />County, Georgia records (hereinafter referred to as the <br />"Property"); and <br /> <br /> WHEREAS, Declarant desires to establish certain covenants <br />and restrictions pertaining to the ownership, development, use <br />and enjoyment of the Property. <br /> <br /> NOW THEREFORE, for and during the term hereof, as <br />hereinafter stated, be it hereby declared that the Property is <br />subjected to the covenants, conditions and restrictions as <br />follows: <br /> <br /> 1. Residential Purpose. Without specific written <br />approval from Declarant no portion of the Property shall be <br />used except for residential purposes; provided, however, that a <br />commercial builder may use a residential dwelling constructed <br />by it on a Lot for a sales office so long as it is actively <br />offering for sale houses that it constructed on the Property. <br /> <br /> 2. ANY STRUCTURE OR IMPROVEMENT CONSTRUCTED ON ANY LOT, <br />WHETHER TEMPORARY OR PERMANENT IN NATURE, SHALL BE DESIGNED AND <br />BUILT IN ACCORDANCE WITH THE ARCHITECTURAL GUIDELINES ADOPTED <br />BY THE ARCHITECTURAL REVIEW BOARD. <br /> <br /> 3. Archi~eGtural Standard~.. No exterior construction, <br />alteration, addition, or erection of any improvements of any <br />nature whatsoever, including, without limitation, a change in <br />the color of any improvement, shall be commenced or placed upon <br />any Lot, except such as is installed by the Declarant, or as is <br />approved in accordance with this Section, or as is otherwise <br />expressly permitted herein. No exterior construction, <br />addition, erection, or alteration shall be made unless and <br />until such plans and specifications showing at least the <br />nature, kind, shape, height, materials, and location shall have <br />been submitted in writing to and approved by an Architectural <br />Review Board established by the Declarant. The Declarant may <br />employ for the Architectural Review Board architects, <br />engineers, or other persons necessary to enable the <br />Architectural Review Board to perform its review. The <br />Architectural Review Board ,lay, from time to 'time, delegate any <br />of its rights or responsibilities hereunder to one or more duly <br />licenses architects or other qualified persons, which shall <br />have full authority to act on behalf of the Architectural <br />Review Board for all matters delegated. The Architectural <br />Review Board shall adopt the design and development guidelines <br />and the application and review procedures set forth in the <br />Architectural Guidelines. Copies of the guidelines shall be <br />available from the Architectural Review Board for review. The <br />Architectural Review Board shall have sole and full authority <br />to prepare and to amend the Architectural Guidelines. It shall <br />make the Architectural Guidelines available to owners, <br />builders, and developers who seek to engage in development of <br /> <br /> <br />