STATE OF SOUTH CAROLINA
COUNTY OF DORCHESTER
DECLARATION OF RESTRICTIVE
COVENANTS AND EASEMENTS FOR
STIRLING FOREST AT ARCHDALE
THIS DECLARATION OF RETRICTIVE COVENANTS AND EASEMENTS FOR STIRLING FOREST AT ARCHDALE is made this 20th day of June, 1985, by General Dev-Con, Inc. (Developer).
General Dev-Con, Inc., a South Carolina Corporation, is the owner of certain land located near South Carolina Highway 642 in Dorchester County, South Carolina, known as Stirling Forest at Archdale, and more particularly described in Exhibit A, attached to this Declaration and Incorporated herein by this reference.
The Developer wishes to declare certain restrictive covenants affecting these lands owned by Developer.
The Developer hereby declares that these covenants and easements shall run with the land and shall apply to the land described in Exhibit A. The Developer reserves the right to add additional covenants and easements to this Property, to limit the application of this Declaration upon this Property, and to extend this Declaration to other property acquired by the Developer and developed under the name Stirling Forest at Archdale, by recording a writing to that effect.
The following words or terms when used in this Declaration or any supplemental declaration shall have the following meanings unless the contract shall clearly indicate otherwise:
A. "Developer" shall mean General Dev-Con, Inc., and its successors and assigns. The term includes any individual, corporation or partnership which General Dev-Con, in., designates in writing to perform the function this Declaration gives it.
B. "Association" shall mean any organization, its successors and assigns, comprising Developer or the owners of Lots, established by either the Developer of the lot owners themselves, formally initiated to govern activity within the Property.
C. "Property" shall mean the lands in Dorchester County, South, which are known as Sterling Forest at Archdale, more particularily described in Exhibit A.
D. "Residential Lot" or "Lot" shall mean any subdivided and platted parcel of land intended for independent ownership, as shown on a provided final subdivision plat of the Property. The term Lot shall include any structure upon the Lot intended for use and occupancy as a single family detached dwelling, when the context of use would reasonable imply such inclusion.
E. "Recorded" shall mean recorded to the Office of the Clerk of Court for Dorchester County, South Carolina.
F. "Common Area" shall mean those areas Developer designates as common area on any recorded plats of the Property.
A. Permanent Residential Use of Property.
All lots will be used for residential purposes only. No one shall site, erect, alter or maintain any structure or improvement on any lot other than one single-family dwelling not more than two and one-half stories in height, one private garage is desired for not more than two vehicles, and any accessory structures customarily incident to the residential use of such lots. No one shall conduct any trade or business on any lot. However, Developer may allow real estate agencies to temporarily conduct "open houses" or display "model homes" in order to promote sales. No one shall site, erect or maintain any temporary structure on any lot except those required during construction of improvements on the lot. No one shall use any trailer, shock, tent, garage, barn or other similar structure on any lot as a temporary or permanent residence.
B. Plan Design.
1. No one shall site, erect r alter any improvement or structure on any lot until Developer or its designee has approved the proposed building plans, specifications and plot plans. No one shall alter the exterior appearance of any improvement or structure without like approval by Developer or its designee. Respecting exterior design and finish, all dwellings, garages, accessory building, fences and other structures on a lot must approach architectural harmony with each other and with similar structures on other lots. Developer or its designee may disapprove plans or specifications for any reason, including purely aesthetic considerations. Developer shall receive and maintain one copy of all plans and related data for the periods its records. If Developer or its designee fails to act upon proposed building plans, specification or plot plans within 15 days after receiving them, Developer will be deemed to have approved them.
2. The approval of plans required under Paragraph B.1 of Article II will not be given unless the proposed dwelling will have a minimum square footage of enclosed dwelling space of 1200 square feet of heated area. The term "enclosed dwelling area" as used in these minimum size requirements does not include garages, terraces, decks, open porches and like areas.
3. Off street parking space must be provided to accommodate at least two automobiles per dwelling unit. Parking spaces and driveways must be constructed of concrete.
4. The exterior of all dwellings and other structures must be completed within one year after the construction of such structure has commenced. However, this time limit may be waived where completion is impossible or would result in great hardship to the owner or builder because of strikes, fires, national emergency or natural disasters.
5. No lot shall be subdivided and no boundary lie shall be changed, and no part of a lot shall be combined with an adjacent lot except with the written consent of Developer. Setback lines will apply with reference to the new lot lines created by any such combinations, subdivision or line change.
6. No trees measuring six inches or more in diameter at a point two feet above ground level shall be removed without the written approval of the Developer, unless it stands within the area to be occupied by a proposed structure or within ten feet of such area.
C. Setbacks of Building Lines.
No one shall locate on any lot any structure nearer than twenty-five feet to the front lot line, ten feet to any lot line adjacent to a side street, seven and one-half feet to any other side lot line, or thirty feet to any rear lot line. In the case of a corner lot, the shorter lot line adjacent to an intersection street shall be the front lot line. For the purpose of these setbacks, steeps, stoops, open porches, wing walls, overhanging eaves and similar projections shall not be considered parts of a structure. These setbacks are not intended to produce uniformity. The Developer or the designee may alter them whenever in their sole judgment, the topography or configuration of any lot requires, or whenever undue hardship would result from strict enforcement of the setbacks.
D. Swimming Pools and Walls and Fences.
1. Private swimming pools shall not be nearer than ten feet to any lot line. They must be located to the rear of the main dwelling. The Developer or its designees must approve all pool plans. Pools must comply with all local and county laws before Developer will approve construction.
2. Walls and fences will not be allowed between the front lot line and the rear wall of the main dwelling. They will not be allowed within any street right of way. They are permissible within the easement right of way reserved by Paragraph N of this Article, subject to the restrictions enumerated in that paragraph. Walls and fences will be constructed of natural materials such as wood or brick. No chain link fences will be allowed. They shall be a maximum of six feet in height. However, a wall or fence along the side street of a corner lot shall be a maximum of three feet in height. Builder of homes on the Property or a real estate agency shall have the right to install temporary fencing in the front yards of model homes for the express purpose of directing pedestrian traffic flow through the models. The builder or agency must remove such fencing when they discontinue use of he home as a model. The Developer or its designee must approve all plans for walls, fences, screens and enclosures before their construction. The Developer or it designee may disapprove plans for any reason, including purely aesthetic considerations.
No signs shall be posted on any lot without the permission of the Developer except for signs of not more than six square feet used to advertise property for sale or rent. Developer reserves the right to erect upon lots of its choice permanent signs bearing the name of the subdivision. Developer shall make its selection of a lot for permanent signage before any lot is conveyed to a Lot owner.
No one shall raise, breed or maintain any animals, livestock or poultry of any kind on any lot except household pets. No one shall keep any animal for breeding or commercial purposes. All household pets must be secured by a leash or lead, or under the control of a responsible person and obedient to that person's command at any time they are outside a dwelling or enclosed area approved by the Developer for the confine of pets.
G. Trailers, Trucks, School Buses, Rent Trailers, Motorcycles.
No school bus or commercial vehicle other than a "pick-up" or personal sized van shall be kept, stored or parked over night on any lot or street. All house trailers, mobile homes, inhabitable motor vehicles, boats, boat trailers, motorcycles, and permissible commercial vehicles must be kept, stored or parked overnight within an enclosed garage of an area screened from the streets. No such vehicle shall be used as either a temporary or permanent residence.
Nothing shall be established, conducted, practiced or erected upon any lot which is an annoyance or nuisance to other residents of the Property. No activity shall be allowed upon any lot which is noxious, offensive, embarrassing or discomforting to any resident of the neighborhood. No plant, animal, device or thing of any sort shall be maintained on any lot the normal activities or existence of which is in any way noxious, offensive, dangerous, unsightly, unpleasant or of a nature which destroys or diminishes the enjoyment of other property in the neighborhood.
Garbage receptacles, equipment, or storing piles shall be screened from the view of streets. All fuel tanks must be buried or concealed from view.
No television or radio antenna, tower or satellite dish, or other similar receiving or transmitting device shall be attached to or installed on the exterior portion of any dwelling or on any lot within the Property. Only the customary receiving antenna which shall not extend more than ten feet above the roof ridge line of a dwelling is allowed.
K. Unsightly Materials.
No trash, rubbish, debris, junk, stored materials, wrecked or inoperable vehicles or similar unsightly items shall be permitted outside of an enclosed structure or area. This shall not prohibit temporary deposits of trash, rubbish and debris assignee for pick up by garbage and trash removal services. This shall not prohibit temporary deposits of debris during construction of any approved structure or improvement.
L. Water and Sewage.
No septic tank shall be installed on any lot. Private water wells may be drilled on a lot only for the purpose of irrigating lawns and gardens.
M. Drainage and Elevations.
No lot shall be altered in any manner which would interfere with the drainage of the subdivision. No lot owner shall excavate or extract earth for any business purpose from his lot. no elevation changes shall be permitted which would materially affect the surface grade of a lot or of surrounding lots.
1. In addition to such other easements as may appear on the recorded Plat of the Property, Developer hereby reserves for itself, its successors and assigns an easement along, over, under and upon a strip of land Ten feet in width, parallel and contiguous with the rear or back lot line of each lot and upon a strip of land Three feet in width, parallel and contiguous with each side line of each lot. The purpose of these easements shall be to provide, install, maintain, construct and operate drainage facilities and utilities service lines to, from or for each of the individual lots, now or in the future.
2. No structure, planting or other material shall be permitted within these easements which may damage or interfere with the installation or maintenance of drainage facilities or utilities, or which may alter the flow of drainage. The lot owner shall maintain the easement area within his lot and all improvements therein, except for those improvements for which a public authority or utility company is responsible. Developer reserves the right to modify or extinguish this easement along any lot line when in its sole discretion it determines that adequate reserved easements are otherwise available for the installation of drainage facilities or utility service lines. Upon written application the Developer in its sold discretion may modify this easement along any lot line in order to deal with an encroachment thereon or may approve such encroachment so long as the modifications or encroachment does not damage or interfere with the installation or maintenance of drainage facilities or utilities or does not alter the flow of drainage.
3. For the duration of these restrictions, no utility shall be permitted upon any of the reserved easement areas without first obtaining the prior written consent of the Developer. However, local services from utilities within easement areas to dwellings constructed upon any lot may be established without first obtaining separate consents from the Developer.
4. The recorded Plat of the Property shows a sewer easement running along, over, under and upon a twenty-five foot wide strip of land along and beside the northwestern boundary of the Property. No one shall site or erect any type of permanent or temporary improvement or structure within this easement.
A. An easement in Common Area is hereby granted to lot owners in Stirling Forest, tenants and there guest, which easement shall entitle them to use and enjoy Common Area subject to the rules and regulations of Developer or Association.
B. Land designated as Common Area may be employed in the construction, maintenance and enjoyment of social, recreational, and community buildings or structures. Common Area includes land upon which the following are constructed: permanent signs bearing the name of the subdivision, detention ponds connected with the drainage plan for the Property, islands within road rights-of-way, any recreational amenity which Developer in its sole discretion deems feasible.
C. Developer reserves unto itself and its licensees a perpetual, alienable and releasable easement of right to go on, over an under the ground in Common Area to provide, install, maintain, construct and operate drainage facilities and utility service lines. These rights may be exercised by any licensee or assignee of Developer. This reservation shall not be considered an obligation of Developer to provide or maintain such utilities or services.
D. No trash, garbage, sewerage, or any other unsightly or offensive material shall be placed upon a Common Area except temporarily and incidental to the bona fide improvement of the Area.
E. Developer expressly reserves unto itself every reasonable use and enjoyment of the Common Area in a manner consistent with the previsions of this Declaration or rules and regulations of Developer or Association. Developer further reserves the right to convey Common Area to Association. With such a conveyance Association shall have all of the powers, immunities, privileges, rights, and obligations which Developer had reserved unto itself.
F. The reservation of the easements net out in this Article III in no way places a burden of affirmative action on Developer or Association. Developer or Association are not bound to make any improvements in Common Area or extend to any lot owner any services of any kind.
G. Initial Maintenance By Developer.
Developer shall be responsible for maintaining the Common Area until the occurrence of the earliest of the following events: conveyance to lot owners of 75% of all the lots in the Property: assignment, conveyance or transfer of all rights, title and responsibilities of ownership or maintenance of the Common Area to any Association; two years from the date this declaration is recorded.
(Article IV does not exist)
ADDITIONS, LIMITATIONS, DURATION
AND VIOLATION OF COVENANTS
A. All covenants, restrictions and affirmative obligations set forth in this Declaration shall run with the land and shall be binding on all parties and persons claiming under them, including but not limited to, the successors and assigns of Developer for a period of thirty years from the date of recording. After thirty years these covenants shall be automatically extended for successive periods of ten years in their present from or in amended form if the owners representing a majority of the lots change them at the beginning of any such ten-year period by recording a document signed by them evidencing the changes. During the first thirty years, lot owners may amend this Declaration by recording an amending instrument signed by owners representing a majority of the lots. For purposes of determining a majority each lot counts only once, regardless of the number of owners it has.
B. In the event of a violation or breach of any of these restrictions by any lot owner or agent of such owner, the owners of lots in the subdivision, jointly or severally, shall have the right to proceed at law or in equity to compel a compliance with the terms of these restrictions, to prevent a violation or breach or to recover damages or additional easements for such violation. In addition, Developer or Association shall have the right to proceed at law or in equity to compel a compliance with these terms, to prevent a violation or breach or to recover damages or additional assessment for such violation. In addition, Developer or Association shall have the right whenever there is any violation of these restrictions to enter upon the property where such violation exists and summarily abate or remove it at the expense of the owner, if after fifteen days' written notice of such violation the owner has not taken reasonable steps to correct it. Any such entry and abatement or removal shall not be deemed a trespass. Any person entitled to file a legal action to remedy a violation of these restrictions shall be entitled to recover reasonable attorneys' fees as a part of such action if he prevails. Failure to enforce any of the provisions of this Declaration shall not be deemed a waiver of the right to do so.
C. Developer reserves the right to assign to Association any of its rights reserved in these covenants, including but not limited to its right to approve or disapprove plans and specifications of proposed improvements.
D. Invalidation of any provision of this Declaration by court order shall in no way affect the validity of any other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, General Dev-Con, Inc., has caused these presents to be executed by its duly authorized officers and its seal affixed hereto as of the day and year first above written.
Signatures on file with original.
STATE OF SOUTH CAROLINA
COUNTY OF DORCHESTER
AMMENDMENT AND EXTENSION
OF RESTRICTIVE COVENANTS
STIRLING FOREST AT ARCHDALE
General Dev-Con, Inc., a South Carolina corporation, is developing certain land located near South Carolina Highway 642 in Dorchester County, South Carolina, known as Stirling Forest at Archdale, Phase I.
The Developer impressed upon this property certain restrictive covenants contained in the Declaration of Restrictive Covenants and Easements For Stirling Forest at Archdale, dated June 20, 1985, recorded June 21, 1985, in the Clerk of Court's office of Dorchester County in Deed Book 540 at page 241.
In that Declaration, Developer reserved the right to extend those restrictive covenants to other property acquired by Developer and developed under the name Stirling Forest at Archdale.
Developer hereby extends and impresses the entire set of restrictive covenants and easements contained in the Declaration cited above upon certain other land located contiguous to Stirling Forest at Archdale, Phase I, Dorchester County, South Carolina, generally referred to as Stirling Forest at Archdale, Phase II, and more particularly described as follows:
All that certain piece, parcel or tract of land, situated, lying and being in the County of Dorchester, State of South Carolina, shown and designated in the plat prepared by Trico Surveying, Inc., dated June 6, 1986, entitled "Plat of Tract 'A-1,' a 12.84 Acre Tract of Land, Property of General Dev-Con, Located in Dorchester County, S.C.," recorded in the Clerk of Court's Office of Dorchester County on June 9, 1986, in Plat Cabinet F, Slide 5. The Tract has the size, shape, notes, bounds, location and dimensions as shown on the plat.
The Declaration also allows owners representing a majority of lots to amend the Declaration.
Developer is the owner of a majority of the lots in Stirling Forest at Archdale, Phase II.
Developer hereby amends paragraph 6, subarticle B, article II, page 3 of the Declaration by adding the following sentence.
Solely as to all lots of Block F, and all lots of Block G, of Stirling Forest at Archdale, Phase II, the minimum footage of enclosed dwelling space shall e 1400 square feet of heated area.
In all other respects the declaration remains the same.
IN WITNESS WHEREOF, General Dev-Con, Inc., has caused these presents to be executed by its duly authorized officers and its seal affixed to this instrument this day of , 1986.
Signatures on file with original.