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Sumner Place DECLARATION OF COVENANTS~ CONDITIONS, ,AND RESTRICTIONS, FOR SUMNER PLACE AT,SMOKERISE WHEREAS, it is to the interest, benefit, and advantage of SUMNER SMOKERISE, INC. (hereinafter referred to as "SSI") and to each and every person who shall hereafter purchase any lot in that subdivision known as Sumner Place at Smokerise ("the Subdivision"), that certain protective covenants governing and regulating the use and occupancy of the same be established, set forth and declared to be covenants running with the land; and WHEREAS, SSI deems it advisable to have a committee to administer said conditions and restrictions, and does hereby name CHARLIE B. HARPER and KEVIN W. WALKER as the permanent committee to serve during the life of this Declaration, and to be hereinafter referred to as the "Committee," with the understanding and agreement that the Committee may be increased from two to up to five members by mutual consent of the above named original members of the Committee. New members of the Committee shall be elected by a majority of the Committee for a term of five years. A majority vote of the Committee shall detemdne a decision in all questions referred to the Cornmittee. A committee member may resign by tendering a written resignation to the other committee members. NOW, THEREFORE, in consideration of the premises set forth herein, SSI for itself; its successors and assigns and its future grantees, does hereby place and impose the following conditions, restrictions, reservations, easements, liens, and charges as detailed hereinafter, on real property located in the City of Peachtree City, County of Fayette, State of Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference thereto (''The Property"). No property other than that described herein above shall be deemed subject to this Declaration of Protective Covenants, unless and until specifically made subject thereto. The declarants may, from time to time, subject additional real property to the restrictions, covenants, reservations, liens, and changes herein set forth by appropriate reference hereto. Existing improvements to Lot 1 of The Subdivision shall be exempt from these covenants for such time as Frank Fessenden occupies the existing home on Lot 1. Any future improvements to Lot 1 shall be subject to all temps and conditions ofthi~ document. 1. LAND USE AND BUILDING TYPE: (a) None of the lots which are in the Subdivision or the Property ("the Lots") may be improved, used, or occupied for other than private residential purposes, and no flat, duplex, or apartment house, though intended for residential purposes, may be erected thereon. Any residence erected or maintained thereon shall be designated for occupancy by a single family only. (b) No professional office, business, trade, or commercial activity of any kind shall be conducted in any building or on any portion of any lot, block, or building site except for a real estate sales office which may be constructed provided that it eventually becomes a single-family residence. (c) All building sites in the tract shall be known and described as residential building sites. (d) No structures other than the following exceptions shall be erected, altered, placed or permitted to remain on any building site other than detached single family dwelling not to exceed two stories in height, plus basement and/or attic space. Detached garages may be permitted provided the floor area of said garage does not exceed nine hundred (900) square feet. A poolhouse/cabana may be erected upon proper approval by the committee provided that the structure's des'~, in the sole discretion of the committee, is to facilitate the use and enjoyment of pool area, that said building has no more than six hundred (600) sq, are feet of floor area, and that the building is not used as a "guest house" or in any way used as a rental or commercial facility. All such detached garages and/or cabanas must be erected within the building set back lines as herein provided. (e) No animals, livestock, or poultry of any kind other than house pets, shall be kept or maintained on any part of said property. Dogs and cats may be kept upon said property provided that they are not kept, bred, or maintained for any commercial use or puq3ose. All dogs and cats shall remain on a leash on cartpaths, streets, greenbelts, or city-owned property while within the Subdivision. No more than five (5) dogs and/or cats shall be permitted at any residence. (f) No noxious, offensive, or illegal activity shall be carded on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No trash, paper, garbage, or refuse of any kind shall be dumped on other lots or adjoining lands. This discharge of firearms is prohibited. (g) No clothes lines shall be permitted. (h) No greenhouses shall be permitted. (i) Fences, if permitted, will he done so at the sole discretion of the Committee. Under no circumstances will ehain-llnk or plnstie-link fences be approved for any portion of the Property. Any fence with any portion visible from the street must blend with the architectural style of the home. 2. ARCHITECTURAL CONTROL: (a) No building shall be erected, placed or altered on any lot until the complete set of construction plans and specifications and a site plan showing location of the driveway and structure have been approved by the Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. (b) No fence, swimming pool, retainer wall, outdoor fireplace, concrete pad, monument or any other structure shall be erected, placed or altered on any lot unless s'nnilarly approved in writing by the Committee. (c) Actual samples of exterior materiai~ such as brick, stucco, roof shingles, etc. as well as exterior color schemes must be submitted to the Committee for approval. (d) Any approval required hereunder must be in writing from the Committee. In the event the Committee fails to approve or disapprove said design or location within thirty (30) days after submission of a written request, then such approval shall not be required provided the design and location are in harmony with existing structures and locations in the subdivision, and do not violate any restrictive covenant. Requirements for the submission of plans to the Committee are in Section 16 of this declaration. If any finished building, addition, or modification does not comply with the plans and specifications as submitted, the Committee retains the fight to require the homeowner to make changes to the building, addition, or modification necessary for compliance. These changes will be at the owner's expense. 3. DWELLING QUALITY AND SIZE: (a) The dwelling and any permitted structures on the property, including detached garages and/or cabanas, shall be constructed ora suitable material as approved by the Committee. All homes shall have exterior veneer of brick, cementious siding, stone, and/or masonry stucco. Vinyl siding is prohibited, with the exception for use around soffit, trim, etc. (b) No two adjacem homes shall have identical or near-identical exterior color schemes. No two adjacent homes shall have identical or near-identical appearance from the street, particularly with regard to roof lines and front entries. (c) All foundations must be of masonry or masonry veneer construction on portions which can be viewed from the street. No concrete or concrete block foundation may be exposed to view on any part of home. Masonry, as used herein, is defined to include brick, brick veneer, stone, stone veneer, or stucco. (d) Each Lot must have a mail box constructed of masonry in harmony with the structural design and quality of workmanship of the main dwelling. Each mail box shall also include a separate receptacle to serve as a newspaper box. Separate newspaper boxes not in harmony with the architectural materials of the home are prohibited. (e) The minimum floor area of any main dwelling structure, exclusive of porches, terraces, basements, attics, patios, and garages shall be 3000 squ_a_re feet. The calculation of the minimum floor area referred to herein shall not include any square footage attn~utable to basements, attics, garages, or open porches of any type. (f) No dwelling shall be erected without providing a parking space consisting of a durable surface area, enclosed in the dwelling house, sufficient in size to store two standard automob'fles and one golf cart, or three standard size automobiles, or, a detached garage with the same capacity and meeting the requirements of Section 1-d. (g) Driveways, walkways, and a front side walk must be completed prior to the occupancy of any dwelling on a Lot. (h) The driveway connection(s) at the street and mail box shall be approved by the Committee as to structural design, quality of workmanship, and harmony of exterior design with existing driveways. In the event the Committee fails to approve or disapprove said design within thirty (30) days after submission of a written request, then such approval shall not be required; provided, however, said design does not violate any restrictive covenant set forth herein. (i) No plumbing veto shall be placed on the from side oftbe roof; nor shall any concrete block be le~t exposed after completion of construction. 0) Ce'flings on the first floor of all residences shall have a minimum height of nine (9) feet. (k) All windows shall be constructed of a suitable material other than metal. (1) All front lawns shall be completed by the installation of sod in all areas of the from lawn except landscaped islands planted with trees and/or shrubs. Sod must be installed and the ~ont yard landscaped before the home is occupied. (m) All homes shall be completed within one year ofcommencoment of construction. Construction shall be considered to commence when a clearing, grading, or building perrrdt is issued by Peachtree City. 4. BUILDING LOCATION: No building shall be located on any lot nearer to the front line or nearer to the side street than the minimum building setback lines shown on the recorded plat. No building shall be located nearer than fifteen (15) feet to an interior lot line. No dwelling shall be located on an interior lot nearer than thirty (30) feet to the rear lot line. Swimming pools, the highest projection of which shall not exceed 3 feet above ground, and outdoor fireplaces not to exceed six (6) feet in height, may be erected and maintained within the rear setback but not nearer than twenty (20) feet from the rear lot line of any lot. No such improvements, however, may be placed in or upon land reserved for easements. For the purposes of this covenant, eaves and steps shall not be considered as part of a building, provided, however, that this shall not be construed to pemdt any portion of a building on a lot to encroach upon another lot. Exceptions to the requirements of this paragraph may be made by the Committee in such instances as the Committee shall feel warranted in order to prevent an unnecessary or undue hardship. Notwithstanding anything to the contrary herein, the Committee shall have the right to permit reasonable modifications of the setback requirements in cases where in the discretion of the Committee strict enforcement of these setback provisions would warrant a hardship. 5. SUBDIVISION OF LOTS: No Lot shall be subdivided for sale or otherwise so as to reduce the total area shown on the recorded plat herein referenced, or any future plats of said Subdivision, except by an with the consent of the Committee. 6. EASEMENTS: SSI reserves an easemem in and fight at any time in the future to grant a fffieen (15) foot or twenty five (25) foot right of way over, under, and along the rear line of each Lot for the installation and maintenance of poles, lines, conduits, pipes, and other equipment necessary to or useful for furnishing electric power, gas, telephone service, or other utilities including water and sewerage service. SSI also reserves an easement in and right at any time in the future to grant a ten (10) foot right of way over, under, and along the front side line of each lot for the same uses and purposes. SSI may include in any contract of deed herea~er made additional protective convenants and restrictions not inconsistent with those contained herein. No dwelling house, garage, outbuildings, swimming pools, or other structures of any kind shall be built, erected, or maintained upon any such easements or detention areas and said easements shall, at all times, be open and accessible to public and quasi-public utility corporations, and other persons erecting, constructing, or servicing such utilities and quasi-public utilities, and to declarants, their heirs, and assigns, all of whom shall have the right of ingress and egress thereto and therefrom, and the right and privilege of doing whatever may be necessary in, under, and upon said locations for the carrying out of any of the purposes for which said easements, reservations, and rights of way are reserved, or may hereafter be reserved. Drainage flow shall not be obstructed nor be diverted from drainage or utility easements as designated above or on the recorded plat. The declarants reserve a ten (10) foot strip along the rear and sides of all lots for drainage purposes, said easements being within the fifteen (15) foot and twenty five (25) foot easements as designated on the above referred to plat. 7. USE RESTRICTIONS: (a) No temporary building, mobile home, tent, shack, garage, barn, or other outbuilding erected on a building site covered by these covenants shall at any time be used for human habitation temporarily or permanently, nor shall any structure of a temporary character he used for human habitation. (b) 1'4o oil drilling, development, or refining operations, raining, qu_arrying, or operation of sand and gravel pits, no soil removal or topsoil stripping or operations of any kind shall he permitted upon or in any of the building sites in the tract described herein, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any of the building sites covered by these restrictions. No wells may be drilled or dug on any lot. No lot owner or resident shall pump water bom a nearby stream for sprinkler systems or a private water supply. (c) No fuel pumps may be maintained on the premises (d) No above ground tanks of any type shall be maintained on the premises. (e) No motor vehicle shall be permitted to remain on the premises for more than ten (10) days in an inoperative condition, unless inside a garage. No car repairs of a major nature may be carded on upon the premises. No lot or yard may be used as a parking area for heavy equipment such as excavation, grading, and tractor equipment or heavy trucks such as commercial vans, school buses, tran.qport tracks, and dump tracks. Pickup tracks are acceptable provided they have not been significantly modified from the manufacturer's standards. (f) No owner or resident shall, park or authorize others to park on the street overnight or for any period to exceed six (6) hours. It is anticipated that the only need for on street parking would be during a special event when the homeowner's driveway would be occupied by ten-q~orary guests. Offenders shall receive at least two warnings by the Committee Before turning matters over to proper authorities for enforcement. (g) Neither radio and television antennas, nor satellite dishes greater than eighteen (18) inches in diameter shall he installed that are visible from the street. No antennas or satellite dishes of any kind shall Be installed that are not attached to the house. (i) All playground equipment, including temporary and permanent basketball and soccer goals shall Be placed on the rear of the property, and shall not be on the side of the residence, in the driveway, or parking pad. O) Each Lot must have a mail box constructed of masonry in harmony with the structural design and quality of worklnanship of the main dwelling. Each mail box shall also include a separate receptacle to serve as a newspaper box. Separate newspaper boxes not in harmony with the architectural material.q of the home are prohibited. (k) Neither a homeowner nor a builder shall pour concrete along the curbs in front of driveways, or in any way obstruct the normal flow of water along the curb and gutter system. 8. SIGNS: No signs, advertisements, billboards, or advertising structures of any kind may be erected or maintained on any of the lots hereby restricted without the consent in writing of the Committee; provided however that permission is hereby granted for: (a) The erection and maintenance of not more than one advertising board on each lot, or tract sold as conveyed, which advertising board shall not be more than five squ_axe feet in size and may be used for the sole and exclusive purpose of advertising for sale or lease, the lot or tract upon which it is erected. (b) The erection and maintenance of signs for a particular political candidate or party, for a period of not more than thirty (30) days prior to an election to 2 (two) days following the election. 9. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maimained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All equipment for the storage of such material shall be kept in clean and sanitary condition. No trash or garbage shall be burned on any lot. 10. SEWERAGE DISPOSAL: (a) Individual sewerage disposal shall be pes-iBitted; however, said systems shall be designed, located, and constructed in accordance with the requirements, standards, and recommendations of the Georgia Department of Public Health. Approval of such systems as installed shall be obtained from the Fayette County Health Department, and submitted as a part of the site plan submitted to the Committee for approval. The ground shall not be disturbed above the septic field lines nor shall there be any structure, including playground equipment, over said line or on designated replacement area. (b) Notwithstanding the above, at such time during the term of these covenants as a sewerage collection system shall be provided by Peachtree City for an entire street in the Subdivision or the entire Subdivision, any lot which then has an individual sewerage disposal system shall be connected to the Subdivision's sewerage collection system. The cost of making such connection shall be borne by the owners of any such lots at the time of connection including any tap-on fees. 11. MAINTENANCE OF ENTRANCES: At such time as SSI shall have conveyed at least eighty (80) percem of the Lots, the owners of each individual Lot shall be jointly and severally liable for the maintenance of the signs and landscaping at the entrances to the Subdivision. A majority of the owners of the Lots may elect to establish a voluntary homeowners' associatin to be responsible for such maintenance and may empower the said homeowners' association to assess fees as may be necessary to cover the expenses of such maintenance. Said assessment shall apply to all Lot owners regardless of membership status. 12. MAINTENANCE OF LOTS: Each owner of a Lot in the Subdivision shall maintain their Lot in a neat and orderly manner, including (but not limited to) regular cutting of the grass and shrubs located on each lot. The Committee or SSI or both shall have the authority to maintain an unkept lot at the expense of the owner. The owner of any Lot that is maintained by the Committee or SSI shall pay for said expense immediately upon presentation of any bill, invoice, or request thereof. 13. SIGHT DISTANCE AT INTERSECTION: No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall he placed or pem,ltted to remain on any comer lot within the triangular area fom~l by the street property lines and a llne connecting them at points twenty five (25) feet from the intersection of the street lines, or in the case ora rounded property comer from the street property lines extended. The same site line limitations shall apply to any Lot within ten (t 0) feet from the intersection of a street property line with the edge of a driveway or alley pavemem. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 14. STORM WATER MONITORING AND ENFORCEMENT: Sumner Place at Smokerise is developed under the State of Georgia's authorization to discharge stot-m water under the National Pollution Discharge Elimination System ('%[PDES"). All builders, homeowners, and others who conduct activities effected by NPDES requirements agree to maintain erosion control and prevention methods as established by The Committee as "best management practices." or "BMPs". Builders and lot purchasers should he aware of the permitting process required before disturbing, grading, digging, or in any way moving soil that may create an opportunity for erosion. In the event that SSI files a Notice of Termination prior to the construction of homes on 100% of the lots, owners of the remaining undeveloped Lots shall be tertiary permittces. The tertiary pemfittees shall be responsible for all monitoring, record keeping, and reporting requiremems mandated by NPDES until the Lot has undergone final stabili?ation and all storm water discharges have ceased or have been eliminated and the Notice of Termination has been filed with EPD. 15. CONSTRUCTION GUIDELINES: Construction Guidelines shall he followed in part to assure that all builders and homeowners meet NPDES requirements and Peachtree City ordinances. In addition, the guidelines are designed to maintain orderliness and minimize the disruption to homeowners caused by construction activities on nearby lots. The construction guidelines shall apply to all utility companies, builders, and homeowners and their subcontractors, vendors, suppliers, delivery persons, swimming pool contractors, installers, fencing contractors, landscapers, and any other agent or employee of said builder or lot owner. The guidelines apply to new construction, remodeling projects, home repairs, swimmin~ pool installation, fence installation, and landscape installation and maintenance. Ail builders or lot owners shall be held responsible for the actions of their agents who are perforating any work in the Subdivision. The "Construction Guidelines" are attached hereto and incorporated herein as Exhibit 'B' of this document. 16. PROCEDURAL REQUIREMENTS FOR SUBMISSION OF PLANS TO THE COMMITTEE: (a) House Plans: prior to application for a building permit, a detailed set of construction plans shall be submitted to the Committee for review and approval. The plans must include but are not limited to: 1. Front, rear, left side, and right side elevations showing complete dimensions, windows, doors, siding material~ accent material, roof line, shingle type, chimneys, ridge vents, and floor lines. 2. Basement plan showing dimensions, slab and grade notes, and mechanicals if applicable. 3. Floor Plan for each floor showing dimensions, windows, doors, stairs, tray ceilings, arches, m~ings, and bathroom & kitchen fixtures, and the square footage. 4. Roof plan showing dimensions, valleys, curves, ridges, chimneys, and fascia. 5. Electrical Plan showing outlets, ceiling fans, exhaust fans, garage door openers, smoke detectors, cable connections, and telephone connections. 6. Total square footage of the house. 7. A detailed list of specifications. (b) Site Plan: After submission of house construction plans to the Architectural Review Committee and prior to the application of a building p~mfit or septic tank permit, a detailed site plan shall be submitted to the Committee for review and approval. The site plan must include but is not limited to the following information: 1. A boundary survey to scale giving dimensions of the lot, fight-of-ways, setback, easements, buffers, cart paths, and any other restrictions (a photocopy of the lot from the final plat is acceptable if enlarged to 8 ½ x 11 size). 2. The location of the home, driveway, parking pads, fences, swimming pool (if applicable), and other structures. This must be done to scale. 3. The location and a brief description of the masonry mail box, columns, and other monuments to be constructed. 4. The location of the septic tank and designation of the drainage area and replacement area. 5. Soil and erosion plan showing silt fence and other storm water control measures. (c) Changes, Modifications, and Additions: Builders shall submit any change in the site plan or home construction plans during construction to the Committee in writing prior to the time the change is made in the actual construction. Approval by the Committee of the change shall be in writing and the work cannot begin until approved. Homeowners who wish to erect fences, install swimming pools, construct additions, or modify the site plan or the house after they have taken possession shall submit detailed plans in writing to the Committee for review and shall not begin construction prior to Committee approval. 17. TERM: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period oftwenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods often (10) years unless an instrument signed by a majority of the then owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. 18. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants either to restrain violation or to recover damages. 19. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 20. LIMITATIONS OF RESTRICTIONS: Nothing set out herein shall be held or construed to impose any restrictions on or easements in any lands of SSI other than the land specifically designated at Exhibit "A" of these protective covenants as being subject to these protective covenants. IN WITNESS WHEREOF, SUMNER SMOKERISE, INC, the Declarant herein, has hereunto set its hand and affixed its seal, this~ day of ,2002 Sumner Smokerise, Inc., BY Charlie B. Harper President (Corporate Seal) Sworn to and subscribed before me this day of ,2002 Notary Public EXHIBIT "A' SUMNER PLACE AT SMOKERISE ALL THAT TRACT or parcel of land lying and being in Land Lot 92 of the 7th District of Fayette County, Georgia, and being Sumner Place at Smokerise, as shown on plat of said subdivision recorded at Plat Book , Pages . , in the office of the Clerk of Superior Court of Fayette County, Georgia, consisting of Lots 1 through 17, inclusive.