TerracesDECI,ARA'I'ION OF COVENANTS
[[ID RESTI~ ICTIONS
THIS DECLARATION is made as of the 1st [Jay of September,
1983, by The ~.quitahle Life ansurance ~ociety of the united
States, a New York Cot,]oration (hereinafter called
W[IEI~F. AS, Deve]ooer owns certain lots and blocks of lots and
s[lrroundinq properties located in Land Lots 39 and 40 of the 6th
District of Fayette CO[lntV, GeorQis which property is more
particularly shown on that certain plat of survey of The Terraces
Sub~i,,.~sion recorde~ in Plat ~ok 14 at ~aqes 84 & 85 ,
Fayette County, Georgia records (hereinafter referred to as the
"~roner tv" )
*etlEREAS, Developer desires
and restrictio,s pertaining to
Property;
to establish certain convenants
the .se and enjoyment of the
NOW THEREFORE, for and during the term hereof, as hereinafter
stated, be it herebv d~cl. are~ that th~~ ProPerty J~ ~uhjec~qd to
the covenants, conditions and restrictions as follows:
1. ~,lithout specific written am~rov~] from merci oder no
r. ortion of the Prooerty shall he used except for residential
purpose~.
2. No alterations shall be made to any lot until site plans
are approved by Developer, who shall have the right to e~tab]ish
and 8mend procedures and standard~ to guide ~ts review of site
Dl~q~. In particular, no clearin~ or ~radino ~hall t~ke place
until Developer has aDnroved ~ite plans.
3. ~o building, structure, a] terstion, ~dditiop, or
improvement o~ any character other than interior alterations not
affectin~ the external ~p~earance ef ~ bnil~inG or structure
shall be constructed upon any lot unless and until a Dian of such
construction shall have been approved bv Developer. Develooer
shall have the right, but not the obligation, to establish and
amend design review prncedureq and stan0~rds to ouido the
enforcement of these provisions. Plans shall be judged ~s to
quality of design and materials, harmony of external desion with
surrounding structures or with the planned character of the
neighborhood, location with respect to topography and finished
grade elevation, the effect of the construction on the view from
surrounding property and all other factors which will in
Developer's opinion affect the desirability or suitability of the
construction. ~ a minimum, final nlans and s~ecificat~ons shall
show the nature, kind, shape, height, materials, basic exterior
finishes and colors, location, floor plans, an~ elevetJons of the
proposed structure.
4. No house shall be constructed on any lot having an
enclosed heated area, e~clusive of the ~araqes, Dorche~ and
basements, of less than 1,200 square feet nor more than 1,800
square feet.
5. The exterior of all structures mu~t be co~pleted within
one (1) year after the construction of same shall [)ave commel]ced
(building detroit date), except where such completion] is
impossible or would result in ~reat hardship to the owner or
builder due to strikes, fire, national emerge;icy, or natural
calamities.
6. No fence or waT1 of any kind shall be erected, bec]un,
r)ermitte~ to remain u~on any portion) of anV lot ,.mles.~ anc~ I,ntil.
olans are submitted to and approved bv Developer, its aq~nts
succes~ar~, ~r a~ia~. ' '
7. Without specific written approval from Developer no eiq,
may be displayed to the public view on any lot except for
temporary signs not exceeding four square feet advertising the
property for sale or rent. All signs must be professionally
prepared. ' -
R. No lot shall be subdivic]ed in any way for sale, resale,
qift, transfer, or other purposes, excerpt ~ith the ~.~rit ten
approval of Developer.
9. No boat trailer, house trailer, trailer, or a~y similar
items shall be stored or parked on any lot except within an
approved enclosed qaraqe or carport. In addition, no
automobile~, trl;cks, or o~her motr~rizoc~ vehicles may h~ kept
outside a garage unless such vehicle~ have u[)-to-date licenses.
~oats and retreat lena] vehicles must be stored in enclosed
qaraqes or carports.
10. ~]o trees havir]q a circumference of six inches (6") c)r
~reater (,r, easur~d at a ?oi~t 12" above ,'~reun~] ]qv~]) ~ba[i k,~
removed from nny ]et wLthout wri tte~ authorizatio~ From
Developer, who may adopt a~d Dromu].gate rules and regulations for
the preservation of trees and other natural resources upon the
lot. DeveloPer may al so designate certain trees, regardless of
size, as not removable without written authorization.
ll. D~rin~ the course r)f col~structio,l on any Jot, no
temporary buildinq, trailer, naraoe, or structure shall be used,
temporarily or permanentlv, as residence.
12. No lu[~ber, metal~, bulk materials, refuse, trash, or
other similar materials shall be *rept, stored, or all. owed to
accumulate outside the buildinqs on any lot except during the
one-year any congtruction period (durin~ actual construction).
In addition, duri~lg construction the buildinq materials on any
lot shall be placed and kept in an orderly fashion.
gpecifically, any lot on which construction is in progress shall
be ,)oliced prior to each weekend; during the weekend, all
materials shall be neatly stacked or placed, and any trash or
waste materials shall be removed.
13. Prior to the occupancy of a residence on the lot, proper
and suitable ~rovisi. o~ shall be !haste for the ~isl~¢)~al of sewage
by connection with the sewer mains of Georgia Utilities
or any other company ~rnvi~ina such servic~.
14. No fuel tanks or similar storage receptacles may be
exposed to view; such r~ceptacles must be installea within the
main dwelling, an accessory buiding, a screened area, or buried
underground. Any exterior installatioa is subject to Developer's
approval. No auxiliary devices (such as TV antennas) shall be
mounted upon any elevation of the dwelling (includina roof) which
faces a public street.
(2)
15. Landscaping shall be installed by the successor to
Developer in title to any lot in accorc]apce with the approved
landscaping Plan within sixty (60) davs of the issuance of the
Occup~ncv Permit bv l'e~chtr~ C~ty, in default of which Developer
shall have the riaht, but not the oblif~ation, to enter upon the
site and install said landscaping, ~nV ~nd all. costs incurred
thereby becoming due and pa%~ab le by such successor in title
within five (5) daVs after receipt of written potice therefor.
16. Each lot shall at all times be kept in a clean and well
permitted to raj1 in disrepair, and each such building and
structure shall at ail times be kept tn aood condition and repair
and adequately naintod or otherwise finished. In tho event of
d3maqe or destruction to any such building or structure, such
huildin~ or structur~ may be repaired or reconstructed in
accordance with previous]~ approved plans aud specifications. In
the event the owner a~ 3rlV lot electn not to repair or
reconstruct, the~ st,ch owner shall w~thin ninety (90) days oE
such damage or rip,truer ion remov~ tile structure, ~rade the
property, and return stone to a clean ., n,'t ~e ]. ]. maintained
condition. ~hou].d such owner fail to begin reeoDstructioD or
removal within such ninety day period, Developer shall have the
right, privilege ~n.-~ license, but not tile o~liqation, to enter
upon the site, remove such damage or destroyed structure, and
grade the site at the owner' expense. Any S~lch expense incHrre~l
by Deve].oper shall be paid i.n full by such owner within five (5)
days after written demand therefor.
17. Nothing herein contained shall be construed to prevent
the erection or ma{ntenance bV Developer, or its duly authnri?e.]
a~Jents, oE suob nLqns aq may he nec0~sary or COl~Veni~nt to the
development, sale, operation, or other disposition of Developer's
property within Peachtree City.
18. The approval of plans or specifications submitted for
appro~al as her~in specified for use on any lot shall not be
deeme~] to be a waiver of the right of t~e Developer to object to
any of the features or elements embodied iD such plans or
specifications, if or when the same features or elements are
embodie~ in any subsequent n].nns and soecifJcstion~ submitted for
approval as herein provided for use on other lots.
19. Deve]omer shall have the power and authority to anprnve
or disamprove the plans and specifications and site plan, and the
approval of said plans and specifications and site plan may be
withheld not only because of the non-compliance with ~ny of the
specific conditions, covenants ~nd restrictions contained herein,
but also because of the reasonable dissatisfaction of Developer
with the grading plan, location of the structure on the site, the
finished ground elevation, the color scheme, finish, design,
proportions, architecture, shape, height, style, and
~ppropriateness of the proposed structure or altered structures,
materials used tt,erein, the kind, pitch, or type of r~of Dropose~J
to be placed thereon, the planino, landscapina, size, height, or
location of trees on the ~.ite, or b~cause of its r. en~,onable
dissatisfaction with ally or all other matters or things, which,
in the reasonable judgment of Developer, will render the proposed
improvements inharmoniou.q or out of keeping with the general plan
of improvements erected on other lots.
20. The failure of Developer or its successors or assigns to
enforce any covenant, condition, or restriction shall in no event
(3)
be deemed to be a waiver of the right to do so thereafter nor of
the rioht to enforce any other covenant, condJ ties, or
restriction.
21. Every person who now or hereafter owns or acquires any
right, tit]e, estate, or interest in or to the Property or any
[>or lion thereof is and shall he corlclusively deemed to have
consented and aqreeq to every .limitation, restriction, easement,
condition and covenant contained herein, whether or rlot any
reference to th~se restrictions im contained in the instrument by
which such person acc~uired an interest in said lot or any portion
of tb~ s~t~.
22. Developer may, from time to time, at any reasonable hour
or hours, enter upon and inspect any lot in The Terraces~
Subdivision for the purpose of ascertaining compliance herewith.
23. For purno~e of th~se restrictions, any written consents
or approvals maybe qiven by such person or entity as the
Developer may f~om time to time ~esiqnate in writin,q, which
desiqnation will be filed in the public records maintained by the
Clerk of the gilDer[or Collrt oF ~'ayette Co/]ntv, Georqia and which
will be effective until the ~ame is revoked in like manner.
DEVELOPER ,q;~ALL DOT BE [.IA~I,F. TO AUY PERf:Ok] WHOH.qOEUE[?
ANY VIOLATIONS OF THESE llESq'~ ICT!OblS AND DEV~I,OPER
WAR~.ANT TO A~YONE T[~AT TUESE RESTRICTIONS WILL BE ENFOPCED AS TO
ANY PROPERTY TO WIt IC~t 'F~iiS ~EC[,A~iAT IO~4 IS APPLICABLE. THE
INITIATION OF ENF'ORCEMEb)T ACTION ~Rf)M ~'IHE TO TiDE ~Y D~VEI,OPF~
OF TIlE AIBOVE RESTRICTIONS k~ILL ;%E FUR ITS qOLF, ~E~.IEFIT AUD
CONTROL A~D DEVE[,OPER SPFC.[FIC~LLY DI SAVOI,tS A~Y
I~PLIED OR OTHER%¢ISE, TO aIAIHTAIN Or~. ENFORCE TtIESE RESTRICflO~,~S;
Pf)i~TIOb] dP T[tlT. PF'.OPEE~'FY FPO~ Eq~Ii,IGYUG SUCII ACF[C)~I AS IT D~E~IS
NECESSARY Itl ORDBR TO ENFORCE 'PIIESE Rk;STRICTIONS AGAINST ANY
PARTI IN VIOLATION THEREOF OTHER THAN DEVELOPER.
Invalidation of any of the foreooinq restrictions, or any
part thereof, by judgement or court order, shall in nowise a~fect
any of the other restrictions wi]ich shall remain in full force
and effect. Said restrictions shall be covenants running with
the land and sha].l be bindinq on all owners and occupants of all
or any portion of the Property for a DeFied of twenty (2(I) years
from the date hereof.
IN WITNESS I'~FIER~OF this document has been ~x~cuted and
sealed as of the dav and year first above uritten.
Siqned, Sealed and
Delivered in our Presence:
WitnesS! ,~, .. Ar
Not~r~ p~b~ic
I t s: Assistant Vi'c~ President
(Corporate, Se~l)
GEORGIA, Fayette County
CSerk's Oftice Super Com
-. Clezk