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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