WedgewoodDECLARATION OF COVENANTS
AND RESTRICTIONS
FOR WEDGWOOD SUBDIVISION
THIS DECLARATION iS made as of the 5th day of May, 1983, by
The Equitable Life Assurance Society of the United States, a New
York Corporation (hereinafter called "Developer").
W, ,IT, ,NESSET}{:
WHEREAS, Developer owns certain lots and blocks of lots and
surrounding properties located in Land Lots 38 and 39 of the 6th
District of Fayette County, Georgia and Land Lots 64 and 65 of
the 7th District of Fayette County, Georgia, which property is
more particularly shown on that certain plat of survey of
Wedgwood Subdivision recorded in Plat Book ~3 at pages
196 and 197 Fayette County, Georgia records (hereinafter
re~erred to'as t'he ~Property") and
WHEREAS, Developer desires to establish
and restrictions pertaining to the use and
Property;
certain convenants
enjoyment of the
NOW THEREFORE, for and during the term hereof, as hereinafter
stated, be it hereby declared that the Property is subjected to
the covenants, conditions and restrictions as follows:
1. Without specific written
portion of the Property shall be
purposes.
approval from Developer no
used except for residential
2. No alterations shall be made to any lot until site plans
are approved by Developer, who shall have the right to establish
and amend procedures and standards to guide its review of site
plans. In particular, no clearing or grading shall take place
until Developer has approved site plans.
3. No building, structure, alteration, addition, or
improvement of any character other than interior alterations not
affecting the external appearance of a building or structure
shall be constructed upon any lot unless and until a plan of such
construction shall have been approved by Developer. Developer
shall have the right, but not the obligation, to establish and
amend design review procedures and standards to guide the
enforcement of these provisions. Plans shall be Judged as to
quality of design and materials, harmony of external design 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. As a minimum, final plans and specifications shall
show the nature, kind, shape, height, materials, basic exterior
finishes and colors, location, floor plans, and elevations of the
proposed structure. .
4. No house shall be constructed on any lot having an
enclosed heated area, exclusive of the garages, porches and
basements, of less than 2,000 square feet.
5. The exterior of all structures must be completed within
one (1) year after the construction of same shall have commenced
(building permit date), except where such completion is
impossible or would result in great hardship to the owner or
builder due to strikes, fire, national emergency, or natural
calamities.
6. No fence or wall of any kind shall be erected, begun, or
permitted to remain upon any portion of any lot unless and until
plans are submitted to and approved by Developer, its agents,
successors, or assigns.
7. Without specific written approval from Developer no sign
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. Ail signs must be professionally
prepared.
8. No lot shall be subdivided in any way for sale, resale,
gift, transfer, or other purposes, except with the written
approval of Developer.
9. No boat trailer, house trailer, trailer, or any similar
items shall be stored or parked on any lot except within an
approved enclosed garage or carport. In addition, no
automobiles, trucks, or other motorized vehicles may be kept
outside a garage unless such vehicles have up-to-date licenses.
Boats and recreational vehicles must be stored in enclosed
garages or carports.
10. No trees having a circumference of six inches (6") or
greater (measured at a point 12" above ground level) shall be
removed from any 'lot without written authorization from
Developer, who may adopt and promulgate rules and regulations for
the preservation of trees and other natural resources upon the
lot. peveloper may also designate certain trees, regardless of
size, as not removable without written authorization.
11. During the course of construction on any lot, no
temporary building, trailer, garage, or structure shall be used,
temporarily or permanently, as residence.
12. No lumber, metals, bulk materials, ~efuse, trash, or
other similar materials shall be kept, stored, or allowed to
accumulate outside the buildings on any lot except during the
one-year any construction period (during actual construction).
In addition, during construction the building materials on.any
lot shall be placed and kept in an orderly fashion.
Specifically, any lot on which construction is in progress shall
be policed 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 provision shall be made for the disposal of sewage
by connection with the sewer mains of Georgia.Utilities Company,
or any other company providing such services.
'.j~.~.~? ..... 14. No fuel tanks or similar storage receptacles may be
exposed to view; such receptacles must be installed within the
main dwelling, an accessory buiding, a screened area, or buried
underground. Any exterior installation is subject to Developer's
approval. No auxiliary devices (such as TV antnnas) shall be
mounted upon any elevation of the dwelling (including roof) which
faces a public street.
(2)
15. Landscaping shall be installed by the successor to
Developer in title to any lot in accordance with the approved
landscaping plan within sixty (60) days of the issurance of the
Occupancy Permit by Peachtree City, in default of which Developer
shall have the right, but not the obligation, to enter upon the
site and install said landscaping, any and all costs incurred
thereby becoming due and payable by such successor in title
within five (5) days after receipt of written notice therefor.
16. Each lot shall at all times be kept in a clean and well
maintained condition. All landscaped areas shall be well groomed
and maintained at all times. No building or structure shall be
permitted to fall disrepair, and each such building and structure
shall at all times be kept in good condition and repair and
adequately painted or otherwise finished. In the event of damage
or destruction to any such building or structure, such building
or structure may be repaired or reconstructed in accordance with
previously approved plans and specifications. In the event the
owner of any lot elects not to repair or reconstruct, then such
owner shall within ninety (90) days of such damage or destruction
remove the structure, grade the property, and return same to a
clean and well maintained condition. Should such owner fail to
begin reconstruction or removal within such ninety day period,
Developer shall have the right, privilege and license, but not
the obligation, to enter upon the site, remove such damage or
destroyed structure, and grade the site at the owner' expense.
Any such expense incurred by Developer within five (5) days after
written demand therefor.
17. Nothing herein contained shall be construed to prevent
the erection or maintenance by Developer, or its duly authorized
agents, of such signs as may be necessary or convenient to the
development, sale, operation, or other disposition of Developer's
property within Peachtree City.
18. The approval of plans or specifications submitted for
approval as herein specified for use on any lot shall not be
deemed to be a waiver of the right of the Developer to object to
any of the features or elements embodied in such plans or
specifications, if or when the same features or elements are
embodied in any subsequent plans and specifications submitted for
approval as herein provided for use on other lots.
19. DeVeloper shall have the power and authority to approve
or disapprove 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 any of the
specific conditions, covenants and 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
appropriateness of the proposed structure or altered structures,
materials used therein, the kind, pitch, or type of roof proposed
to be placed thereon, the planing, landscaping, size, height, or
location of trees on the site, or because of its reasonable
dissatisfaction with any or all other matters' or things, which,
in the reasonable Judgment of Developer, will render the proposed
improvements inharmonious 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 right to 'enforce any other covenant, condition, or
restriction.
21. Every person who now or hereafter owns or acquires any
right, title, estate, or interest in or to the Property or any
portion thereof is and shall be conclusively deemed to have
consented and agreed to every limitation, restriction, easement,
condition and covenant contained herein, whether or not any
reference to these restrictions is contained in the instrument by
which such person acquired an interest in said lot or any portion
of the site.
22. Developer may, from time to time, at any reasonable hour
or hours, enter upon and inspect any lot in Wedgwood Subdivision
for the purpose of ascertaining compliance herewith.
23. For purpose of these restrictions, any written consents
or approvals may given by such person or'entity as the Developer
may from time to time designate in writing, which designation
will be filed in the public records maintained by the Clerk of
the Superior Court of Fayette County, Georgia and which will be
effective until the same is revoked in like manner.
DEVELOPER SHALL NOT BE LIABLE TO ANY PERSON WHOMSOEVER FOR
ANY VIOLATIONS OF THESE RESTRICTIONS AND DEVELOPER DOES NOT
WARRANT TO ANYONE THAT THESE RESTRICTIONS WILL BE ENFORCED AS TO
ANY PROPERTY TO WHICH THIS DECLARATION IS APPLICABLE. THE
INITIATION OF ENFORCEMENT ACTION FROM TIME TO TIME BY DEVELOPER
OF THE ABOVE RESTRICTIONS WILL BE FOR ITS SOLE BENEFIT AND
CONTROL AND DEVELOPER SPECIFICALLY DISAVOWS ANY OBLIGATIONS,
IMPLIED OR OTHERWISE, TO MAINTAIN OR ENFORCE THESE RESTRICTIONS;
HOWEVER THIS SHALL NOT PRECLUDE OR PREVENT THE OWNER OF ANY
PORTION OF THE PROPERTY FROM BRINGING SUCH ACTION AS IT DEEMS
NECESSARY IN ORDER TO ENFORCE THESE RESTRICTIONS AGAINST ANY
PARTY IN VIOLATION THEREOF OTHER THAN DEVELOPER.
Invalidation of any of the foregoing restrictions, or any
part thereof, by Judgement or court order, shall in nowise affect
any of the other restrictions which shall remain in full force
and effect. Said restrictions shall be covenants running with
the land and shall be binding on all owners and occupants of all
or any portion of the Property for a period of.twenty (20) years
from the date hereof.
IN WITNESS WHEREOF, this document has been executed and
sealed as of the day and year ~irst above written.
Signed, Sealed and
Delivered in our Presences
THE EQUITABLE LIFE ASSURANCE
SOCIETY OF THE UNITED STATES
By
Its,
(CorpOrate Seal
), .r ",,