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DECLARATION OF COVENANTS <br /> <br /> AND RESTRICTIONS <br />FOR BURNHAM WOODS SUBDIVISION <br /> <br /> THIS DECLARATION is made as of the 2nd day of June , 1983, <br />by The Equitable Life Assurance Society of the United States, a <br />New York Corporation (hereinafter called "Developer"). <br /> <br />WITNESSETH: <br /> <br /> WHEREAS, Developer owns certain lots and blocks of lots and <br />surrounding properties located in Land Lots 38 and 39 of the 6th <br />District of Fayette County, Georgia, and Land Lot 65 of the 7th <br />District of Fayette County, Georgia which property is more <br />particularly shown on that certain plat of survey of Burnham <br />Woods Subdivision recorded in Plat Book 14 at pages 18 & 19 , <br />Fayette County, Georgia records (hereinafter referred to as the <br />"Property") and <br /> <br /> WHEREAS, Developer desires to establish certain convenants <br />and restrictions pertaining to the use and enjoyment of the <br />Property; <br /> <br /> NOW THEREFORE, for and during the term hereof, as hereinafter <br />stated, be it hereby declared that the Property is subjected to <br />the covenants, conditions and restrictions as follows: <br /> <br /> 1. Without specific written approval from Developer no <br />portion of the Property shall be used except for residential <br />purposes. <br /> <br /> 2. NO alterations shall be made to any lot until site plans <br />are approved by Developer, who shall have the right to establish <br />and amend procedures and standards to guide its review of site <br />plans. In particular, no clearing or grading shall take place <br />until Developer has approved site plans. <br /> <br /> 3. No building, structure, alteration, addition, or <br />improvement of any character other than interior alterations not <br />affecting the external appearance of a building or structure <br />shall be constructed upon any lot unless and until a plan of such <br />construction shall have been approved by Developer. Developer <br />shall have the right, but not the obligation, to establish and <br />amend design review procedures and standards to guide the <br />enforcement of these provisions. Plans shall be judged as to <br />quality of design and materials, harmony of external design with <br />surrounding structures or with the planned character of the <br />neighborhood, location with respect to topography and finished <br />grade elevation, the effect of the construction on the view from <br />surrounding property and all other factors which will in <br />Developer's opinion affect the desirability or suitability of the <br />construction. As a minimum, final plans and specifications shall <br />show the nature, kind, shape, height, materials, basic exterior <br />finishes and colors, location, floor plans, and elevations of the <br />proposed structure. <br /> <br /> 4. No one story house shall be constructed on any lot <br />having an enclosed heated area, exclusive of the garages, porches <br />and basements, of less than 1,500 square feet and no two story or <br />split level house shall be constructed on any lot having an <br />enclosed heated area, exclusive of garages, porches and basements <br />of less than 1,650 square feet. <br /> <br />( 1 ) Bt)tii< 2 i':. ' <br /> <br /> <br />