STATE OF SOUTH CAROLINA
COUNTY OF DORCHESTER
FOR A PORTION OF ARCHDALE I
WHEREAS, the are the owners of Lots I through 8 end 1-A through 3-A in Block A, Archdale I, Dorchester County, South Carolina, as shown on a plat entitled "Plat of a Portion of Archdale I" by Bailey & Associates, Inc. dated February 24, 1976 (Revision II made July 7, 1977) and recorded in Plat Book 24 at Page 170 in the Office of the Clerk of Court of Dorchester County; and
WHEREAS the undersigned desire to impress necessary and appropriate restrictive covenants and easements on such lots;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that the undersigned do hereby declare that Lots 1 through 8 and 1-A through 3-A in block A, Archdale I, Dorchester County. South Carolina, as shown on the plat referred to above, and no other lots or property, are subject to the folloving restrictive covenants and easements, whether or not they are set out or referred to in the deed conveying the lots:
LAND SUBJECT TO COVENANTS AND EASEMENTS
Nothing in this instrument imposes nor should it be interpreted to impose any restriction, condition, covenant, limitation or easement upon any land other than the lots enumerated above which are hereby being impressed with these. restrictive covenants and easements.
STRUCTURES AND USE
A. STRUCTURES. All lots subject to these covenants and easements shall be residential lots and no structure shall be erected or permitted to remain on any lot (other than during the construction period) except one house erected as a residence for a single family and any accessory building (which shall not be located between any house and the street or streets upon which it abuts) customarily incident to residential use, including, without limitation, garage and storage sheds, but excluding tents, barns, stables, and treehouses. A house may contain a guest suite without a kitchen so long as the suite is not leased except as part of a lease of the entire premises. In no event shall a mobile home (which is defined for the purposes of these restriction as a structure fabricated and designed for use as a dwelling after being transported to a home site on its own wheels or on a trailer, arriving complete and ready for occupancy except for minor unpacking and assembly operations, location on jacks or other temporary or permanent foundations, and connection to utilities) be parked, placed, or allowed to remain on or in front of any lot.
B. RESIDENTIAL USE. All lots shall be used for residential purposes only. No trade, business, profession, or commercial activity of any sort (except a garage or back yard sale if no more than one sale per year is held on the lot) may be conducted; provided, however that any model homes erected by Archdale Corp., its successors, assigns, or designees (subsequently referred to as Developer) may be used in sales promotion. and to house a sales office. No accessory building shall he used as a residence, temporarily or otherwise. No travel trailer, camper, van, or recreational vehicle shall be used on or in front of any lot, temporarily or otherwise, for a residence or for any complementary use for which an accessory building may be erected.
C. VEHICLES No truck (other than a "pick-up") having a load capacity of over 1/2 ton, bus travel trailer, camper, van, recreational vehicle, boat, or canoe shall be parked, temporarily or otherwise, on or in front of any lot unless parked in an enclosed garage or in a location (not to be between a residence and the street or streets upon which it abuts) where it is hidden from view.
D. ANlMALS. No animals shall be raised, bred, or kept on any lot except the lot owners household pets, which shall not be raised, bredm or kept for commercial purposes, and no animals shall be kept in such numbers or allowed to roam so as to constitute a nuisance or an annoyance.
E. SIGNS. No signs shall be posted on any lot except signs of not more than five square feet used to advertise the property for sale or rent and except signs posted during the construction and sale period to identify the building and the financial institution making the construction loan.
F. UNSIGHTLY ITEMS AND GROWTH No rubbish, debris, junk, or wrecked or inoperable motor vehicles shall be allowed to remain on any lot except temporarily while awaiting pickup by a governments or private removal service. No trash, garbage, or other waste shall be kept except in sanitary containers, which shall be stored in a location (not to be between a residence and the street or streets upon which it abuts) where they are hidden from view. No incinerator shall be erected or used for any disposal purposes, and no rubbish, trash, garbage, or other waste shall be burned on any lot except by Developer.
G. ANTENNAS AND TOWERS No radio, including citizens' band and short wave, or television transmitting or receiving antennas or towers exceeding ten feet in height shall be erected on any lot.
H. INTERSECTION VIEW. Nothing which may dangerously impair or obstruct the view of motorists in an intersection may be placed or allowed to grow or remain on any lot.
I. NO NUISANCE.. Nothing shall be established, conducted or done or. any lot which may be or become a nuisance.
J. GARDENS. Vegetable gardens may be planted if not located between a residence and the street or streets upon which it abuts and if no produce is harvested for sale.
K. TANKS. All fuel tanks shall be buried or hidden from view.
L. SCEENING. Any vehicle, object, or item required by these restrictions to be hidden or screened from view may be hidden or screened by (1) trees, bushes, shrubs, a hedge, or plants which are located on the same lot and which are maintained by the owner of the lot, (2) a fence or privacy or view screen approved by Developer as provided in Article III, Paragraph C, (3) the house or an accessory building, or (4) some combination of the above.
M. EXTERIORS OF STRUCTURES. Unless the time for completion is extended by Developer, the exterior of all structures shall be completed within six months after commencement of construction except that if strike. fire, national emergency, natural calamity, or Act of God makes this impossible, then completion shall be as soon as reasonably possible. In no event, may a structure be occupied or used until the exterior has been completed.
APPROVAL OF PLANS
A. "Structure," as used in this instrument, shall mean and include single-family residences, accessory buildings, additions to either, and swimming pools.
B. No structure may be erected or altered unless and until the owner submits written construction plans to and obtains the written approval of Developer. Developer must give approval or disapproval within thirty (30) days of the receipt of plans, and a failure to act within such time shall be deemed to constitute approval.
C. All plans must show the nature, kind, shape, heights, materials, and location of the structure proposed to be constructed and must show all trees 6" in diameter measured 5 feet above grade, and Developer shall not approve such plans unless.
1. the proposed structure will be harmonious and compatible with surrounding structures and topography;
2. the exterior of the proposed structure is of a material other than asbestos shingle or concrete or cinder blocks (except if such blocks are stuccoed), and, if an accessory building, of a color and materials similar or complementary to that of the house on the lot;
3. the proposed structure will have no basement and will not be more than two and one-half stories in height;
4. the enclosed dwelling area (excluding garages, carports, breezeways, terraces, decks, and porches not covered by a roof which is part of the roof covering the residence) of a one-story residence is at least 1,600 square feet and of a residence with more than one-story, at least 1,700 square feet.
5. the design of the structure will prevent the excessive discharge or run off of rain water upon adjacent lots;
6. if the structure is a swimming pool, it is (I) not installed above ground or with its apron and coping more than two feet above the finished grade of the yard, (2) is located behind the house, and (3) is screened from view;
7. the structure will have setbacks of at least 30 feet from the front lot line, 15 feet from the side street line (which is the longer of the two property lines along the intersecting streets), 6 feet from any other aide lot line, and 10 feet from the rear lot line (except that an accessory building or swimming pool may be 5 feet from the rear lot line). The residence on a corner lot may be cater-cornered so as to face the intersection of the streets or to face the curve provided that no part of the structure shall be located nearer than 15 feet to any street. For the purposes of this covenant, eaves and steps shall not be considered part of a structure; provided, however that no structure or its eaves, steps, or coping shall encroach upon an adjacent lot or upon an easement. These setback provisions, which are not intended to engender uniformity, may be altered by Developer whenever in its sole judgment this enables the preserving of important trees, whenever the topography or configuration of any lot so requires, or whenever undue hardship would result from strict adherence to the setback provisions. Any deviation of ten percent or less of the setback footage shall not be a violation of this covenant.
D. No lot owner shall change the elevation of his lot in such a way as to adversely affect adjacent lots.
E. No live oak tree over six inches in diameter measured at a height of five feet above grade shall be removed unless approval is obtained from Developer, No tree of any other kind larger than 6' in diameter measured at a height of 5' above grade shall be removed unless it falls in the area occupied by the proposed structure or its driveway or within 2' of such area.
F. No septic tanks shall be installed on any lot for sewerage disposal and no wells shall be utilized for domestic water supply.
G. No fence or privacy or view screen may be erected on any lot unless and until the owner obtains the written approval of Developer. Developer shall approve or disapprove the design, materials and location of the fence within ten days after receipt of written construction plans, and a failure to act within such time shall be deemed to constitute approval. Only the portion of a lot behind the house may be enclosed by a fence and no wire fence may be erected unless it is completely hidden from view.
SUBDIVISION AND COMBINATION OF LOTS
A. Unless the owners obtain the written consent of developer, (1) no lot shall be subdivided or have its lines changed, and (2) no lot or part of a lot shall be combined with any adjacent lots. Setback requirements shall apply with reference to the new lot lines created by any such approved subdivision or combination.
B. Developer reserves the right to revise, resubdivide, and change the location and dimensions of lots in the subdivision so long as no lot shown on the plat referred to above shall be reduced in size by more than 15% nor deprived of access to the street or streets upon which it fronts prior to such revision, resubdivision, or change. The restrictive covenants and easements hereby imposed shall be applicable to the resulting lots.
Drainage and utility easements exist as shown on the plat referred to above, but should the plat show no easement along the back or a side lot line of any lot, a five-foot easement is hereby reserved on, over, and under the five-foot strip of land running along and inside the back line and a six-foot easement along and inside each side line for the installation, maintenance and repair of poles, wires, pipes, ditches, and other improvements in conjunction with the use of the strip for drainage and utility purposes. Developer can modify, extinguish or abandon any such reserved easement when, in its sole discretion, easements are otherwise available and adequate for drainage and utility purposes. The land within any such easement shall not be used by any person in a manner which hinders or prevents the full and effective use of the easement for the purpose for which it was created.
The cost of street lighting shall be paid by the residents of Archdale Subdivision. South Carolina Electric & Gas Co. shall include a street lighting charge approved by the South Carolina Public Service Commission in their monthly bill for each residence's electricity and gas use.
DURATION AND ENFORCEMENT OF COVENANTS
A. These covenants bind all persons claiming any interest in the land and run with the land for a period of thirty years from the date of recording, after which time they shall be automatically extended for successive periods of ten yearn unless an instrument signed by a majority of the (multiple owners of a single lot shall have one vote among them which not be cast as a fractional vote or votes) of lots has been recorded changing the covenants in whole or in part.
B. Enforcement of these covenants may be by proceedings at law to collect damages or in equity to compel compliance or prevent breach. The party enforcing the covenants shall be entitled to recover attorney's fees and expenses if he prevails in such proceedings, without prejudice to its right to pursue other remedies.
C. Developer, after having given ten days written notice to the owner, or having posted a notice on the front door of the house if the owner cannot be contacted, can enforce these covenants by entering upon a lot to abate or remove any violation, and any such entry shall not be deemed a trespass.
D. The failure to enforce any of these covenants shall not be deemed a waiver of the right to do so.
E. Invalidation of any of these covenants shall in no way effect the validity or enforceability of the other covenants, which shall remain in full force and effect.
IN WITNESS WHEREOF, Archdale Corp., Lewis & Bonner, Inc., and T. R. Otey, have caused these presents to be executed by their duly authorized officers this 27 day of February, 1978.
Signature on file with origianl.
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