Laurel Hill

Laurel Hill Restrictive Covenants

Index of Restrictive Covenants

1. BENEFIT
2. RESIDENTAL USE
3. STRUCTURE SIZE
4. CONSTRUCTION COMPLETION
5. GARAGES
6. APPROVAL OF PLANS AND SPECIFICATIONS
7. HOMEOWNERS ASSOCIATION
8. TANKS, ETC
9. SETBACKS
10. NUISANCES, ANIMALS, FIREARMS, WEEDS, NOISES
11. VEHICLES
12. MINING
13. FILLING IN, REMOVING, AND DRAINAGE
14. SUBDIVISION OF LOTS
15. UTILITY AND DRAINAGE EASEMENTS
16. WATER SUPPLY
17. SWIMMING POOLS
18. SIGNS
19. INGRESS AND EGRESS
20. ENFORCEMENT
21. AMENDMENT
22. FEDERAL LENDING REQUIREMENTS AND RULES AND REGULATIONS OF STATE AND COUNTY
23. SEVERABILITY
24. SUCCESSORS
25. ASSIGNMENT OF OBLIGATIONS
26. LIEN CREDITORS
27. DURATION

THIS INDEX IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT NECESSSARILY INCLUDE A REFERENCE TO EACH RESTRICTIVE COVENANT OR BY-LAW, OR ANY ARTICLE, SECTION, SUB-SECTION, SENTENCE, CLAUSE, PHRASE OR TERM THEREOF.

Declaration of Restrictive Covenants

STATE OF SOUTH CAROLINA
COUNTY OF ORANGEBURG

DECLARATION OF RESTRICTIVE COVENANTS
"LAUREL HILL SUBDIVISION" OF EDDISTO PLANTATION

WHEREAS, the Genoa Group, a South Carolina general partnership, (hereinafter referred to as the "Developer") is the owner and developer of the properties known as Eddisto Plantation containing four hundred nineteen (419) acres, more or less, and

WHEREAS, said Developer has established a general plan for the improvement and development of said properties, and

WHEREAS, said plan includes the development of four (4) subdivisions known as Laurel Hill, Waterford, Middleton Place and Governors Creek, which after full development together will be composed of approximately three hundred four (304) residential lots, and

WHEREAS, the subdivisions of Waterford, Middleton Place and Governors Creek will be subject to the same restrictions, conditions and limitations and owners in said subdivisions shall be members of the same homeowners association and the subdivision of Laurel Hill (hereinafter referred to as "subdivision") will be subject to separate restrictions, conditions and limitations and owners in Laurel Hill shall be required to be members of a separate homeowners association, and

WHEREAS, Developer intends to develop said subdivision in phases and to initially develop and submit to the provisions of this Declaration the first phase of said subdivision consisting of twenty five (25) residential lots, which are more fully described hereinbelow; and

WHEREAS, the remaining phases of said subdivision consisting of approximately ninety six (96) lots may be submitted to the provisions of this Declaration and incorporated with the property and lots described hereinbelow upon future amendments of this Declaration in accordance with the provisions of the paragraph entitled "Annexation and Expansion" hereinbelow; and

WHEREAS, in furtherance of said development and general plan the Developer is desirous of placing certain protective and restrictive covenants on the original twenty five (25) lots in the said subdivision described hereinbelow:

DESCRIPTION OF PROPERTY: ALL those certain pieces, parcels or lots of land with any improvements thereon situate, lying and being in Limestone Township, School District 5, Orangeburg County, South Carolina, being set forth and shown as Lots A1 through A6, B2 through B8, C7 through C12, and D1 through D6, all of which are designated on a plat of Eddisto Plantation, Phase I, by Eddisto Engineering, Inc. dated December 12, 1989, and recorded in the Office of the Clerk of Court for Orangeburg County, South Carolina, in Plat Book 67L at Page 240 and 241.

ANNEXED PROPERTY:

All those certain pieces, parcels or lots of land with any improvements thereon, situate, lying and being in Limestone Township, School District 5, County of Orangeburg, State of South Carolina, being set forth and shown as Lots A7 through A12, D7 through D12, E1 through E6, and H8 through H14, all of which are designated on a plat of Eddisto Plantation, Laurel Hill, Phase II, by Edisto Surveyors, Inc., approved by A. R. Parler, Jr., R.L.S., dated February 27, 1992, recorded in the RMC office for the County of Orangeburg, State of South Carolina in Plat Book 70L at page 51.

All those certain pieces, parcels or lots of land with any improvements thereon, situate, lying and being in Limestone Township, Consolidated School District #5, County of Orangeburg, State of South Carolina, being set forth and shown as Lots B9 through B20 on a plat of "The Glen" at Laurel Hill subdivision of Eddisto Plantation by Edisto Surveyors, Inc., approved by Richard L. Stroman, R.L.S. dated June 22, 1998, amended May 3, 1999 and recorded in the Office of the Register of Deeds for the County of Orangeburg, State of South Carolina in Cabinet 130, at page 9.

All those certain pieces, parcels or lots of land with any improvements thereon, situate, lying and being in Limestone Township, Consolidated School District No. 5, County of Orangeburg, State of South Carolina, being set forth and shown as Lots E16 and E17 and Lots E19 through E39 on a plat of Lots E16-E39, Phase IV, Laurel Hill Subdivision of Eddisto Plantation by Edisto Surveyors, Inc. approved by Richard L. Stroman, R.L.S. dated June 23, 1998, and recorded in the Office of Register of Deed for the County of Orangeburg, State of South Carolina in Cabinet 190 at page 10.

ANNEXATION AND EXPANSION. Developer reserves the right, but shall not be obligated, to expand the effect of this Declaration to include all or part of the additional properties owned by the Developer. Developer shall have the unilateral right to transfer to any other person this right to expand by any instrument duly recorded, Such expansion may be accomplished by recording a Declaration of Annexation in the R.M.C. Office for the County of Orangeburg, State of South Carolina, describing the real property to be annexed to the property, submitting it to the covenants, conditions and limitations contained in this Declaration, describing it as a project, if the expansion property parcel in that instance does in fact constitute a project, and providing for voting rights and assessment allocations as provided for in this Declaration and the By laws of Laurel Hill Homeowners Association. Such Declaration of Expansion Annexation shall not require the consent of other property owners. Any such expansion shall be effected upon the filing for record of such Declaration of Annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Upon the recordation of such Declaration of Annexation, this Declaration shall be expanded automatically to encompass and include the annexed and expanded properties. Such Declaration of Annexation may add, delete or modify provisions of this Declaration as it applies to the expansion project added. However, this Declaration may not be modified with respect to that portion of the property already subject to this Declaration, except as provided below for amendment.

NOW, THEREFORE, in consideration of the premises, the undersigned does hereby establish the covenants, conditions, reservations, and restrictions upon which and subject to which the following lots shall be improved or sold and conveyed by it as owner thereof.

1. Benefit. Each and every one of these covenants, conditions, reservations, and restrictions is and are all for the benefit of each owner of land in said subdivision, or any interest therein, and shall be for the benefit and pass with each and every parcel of said subdivision, and shall bind the respective successors in interest of the present owner hereof. These covenants, conditions, reservations, and restrictions are and each thereof is imposed upon such lots, all of which are to be construed as restrictive covenants running with the title to such lots and with each and every parcel thereof.

2. Residential Use. Such lots, and each and every one thereof, are for one single family residential purposes only. No building or structure intended for or adapted to business purposes, and no apartment house, double house, mobile home, modular home, house trailer, lodging house, rooming house, hospital, sanatorium or doctor's office, or other multi family dwelling shall be erected, placed, permitted, or maintained on such premises or on any part thereof. In addition, no industry, business, trade, occupation or profession of any kind, commercial, religious, educational or otherwise shall be conducted, maintained, or permitted on such premises or on any part thereof.

3. Structure Size. The ground floor area of the main dwelling (i.e., exclusive of porches, garages, etc.) located on any lots in Block A and B in said subdivision, initially being Lots A1 through A6 and B2 through B8, shall not be less than 1,300 square feet of heated enclosed space for a one story dwelling nor less than 800 square feet for a two story structure, provided that all two story structures shall have a total of not less than 1,300 square feet of heated enclosed area. The ground floor area of the main dwelling (i.e., exclusive of porches, garages, etc.) located on any lots in Blocks C and D in said subdivision, initially being Lots C7 through C12 and D1 through D6, shall not be less than 1,500 square feet of heated enclosed space for a one story dwelling nor less than 800 square feet for a two story structure, provided that all two story structures shall have a total of not less 1,500 square feet of heated enclosed area. The height of any structure in said subdivision shall be not more than two full stores above ground level. No wall of any height shall be constructed on any lot until the height, type, design and approximate location thereof shall have been approved in writing by the Architectural Review Board.

The ground floor area of the main dwelling (i.e., exclusive of porches, garages, etc.) located on Lots B9 through B20 on a plat of "The Glen" at Laurel Hill Eddisto Plantation by Edisto Surveyors, Inc., approved by Richard L. Stroman, R.L.S. dated June 22, 1998, amended May 3, 1999, shall not be less than 1,650 square feet of heated enclosed space for a one story dwelling nor less than 800 square feet for a two story structure, provided that all two story structures shall have a total of not less the 1,650 square feet of the heated enclosed area. The height of any structure on said lots shall not be more than two stories above ground level. No wall of any height shall be constructed on any lot until the height, type, design, and approximate location thereof shall have been approved in writing by the Architectural Review Board.

The ground floor area of the main dwelling (i.e., exclusive of porches, garages, etc.) located on Lots E19 through E39 on a plat of Lots E16-E39, Phase IV, Laurel Hill Subdivision of Eddisto Plantation by Edisto Surveyors, Inc. approved by Richard L. Stroman, R.L.S. dated June 23, 1998, and recorded in the Office fo the Register of Deeds for the County of Orangeburg, State of South Carolina in Cabinet 190, page 10, shall not be less than 1,300 square feet of heated enclosed space for a one story dwelling nor less than 800 square feet for a two story structure, provided that all two story structures shall have a total of not less than the 1,300 square feet of heated enclosed area. The height of any structure on said lots shall not be more than two full stories above ground level. No wall of any height shall be constructed on any lot until the height, type, design, and approximate location thereof shall have been approved in writing by the Architectural Review Board.

The ground floor area of the main dwelling (i.e., exclusive of porches, garages, etc.) located on Lots E16 and E17 on a plat of Lots E16-E39, Phase IV, Laurel Hill Subdivision of Eddisto Plantation by Edisto Surveyors, Inc., approved by Richard L. Stroman, R.L.S. dated June 23, 1998, and recorded in the Office of the Register of Deed for the County of Orangeburg, State of South Carolina in Cabinet 190, at page 10, shall not be less than 1,500 square feet of heated enclosed space for a one story dwelling nor less than 800 square feet for a two story structure, provided that all two story structures shall have a total of not less that the 1,500 square feet of heated enclosed area. The height of any structure on said lots shall be not more than two full stories above ground level. No wall of any height shall be constructed on any lot until the height, type, design and approximate location thereof shall have been approved in writing by the Architectural Review Board.

4. Construction Completion. When the construction of any structure is once begun, work thereon must be prosecuted diligently and must be completed within a reasonable time. No building shall be occupied during construction. Nor shall any structure, when completed, be in any manner occupied until made to comply with the approved plans, the requirements herein, and all other covenants, conditions, reservations, and restrictions herein set forth. Prior to occupancy, the owner shall obtain a certificate of completion and compliance from the Architectural Review Board. No temporary house, temporary dwelling, temporary garage, temporary outbuilding, trailer home or other temporary structure shall be placed or erected upon any lot unless approved by Developer and then only during periods of construction. This paragraph shall not be deemed or construed to prevent the use of a temporary construction shed during the period of actual construction of any structure on said property.

5. Garages. No garage or other outbuilding shall be placed, erected, or maintained upon any part of such premises except for use in connection with a residence already constructed or under construction at the time that such garage or other outbuilding is placed or erected upon the property. Nothing herein shall be construed to prevent the incorporation and construction of a garage as a part of such dwelling house.

6. Approval of Plans and Specifications. All plans for the construction of private roads and driveways and all building plans for any building, fence, wall or structure to be erected upon any lot, and the proposed location thereof upon any lot, and any changes after approval thereof, any re modeling, re construction, alteration, or addition to any building, fence, wall, road, driveway, or other structure upon any lot in said subdivision shall require the approval in writing of the Architectural Review Board. Before beginning the construction of any road, driveway, building, fence, wall, or other structure whatsoever, or re modeling, re construction or altering same, the person or persons desiring to erect, construct, or modify the same shall submit to the Architectural Review Board two complete sets of road or driveway plans, showing the locations, course, and width of same and two complete sets of building plans and specifications for the building, fence, wall, or other structure, as is applicable, so desired to be erected, constructed, or modified. No structure of any kind, the plans, elevations, and specifications of which have not received the written approval of the Architectural Review Board, and which does not comply fully with such approved plans and specifications, shall be erected, constructed, placed, or maintained upon any lot. Approval of such plans and specifications shall be evidenced by written endorsement on such plans and specifications, a copy of which shall be delivered to the owner or owners of the lot upon which the prospective building, road, driveway, fence, wall, or other structure is contemplated prior to the beginning of such construction. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written consent of the Architectural Review Board. The Architectural Review Board shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. The Architectural Review Board may waive the setback provisions contained in Paragraph Nine (9) hereinbelow. Said review board shall consist of the managing partners of the Developer and a representative of the Laurel Hill Homeowners Association to be appointed by the said managing partners of the Developer. Decisions by said board shall be binding, absolute and final, as if herein recorded. All decisions of said review board shall be by majority vote. In the event the Architectural Review Board fails to approve or disapprove any proposed property improvements within thirty (30) days after such plans and specifications have been submitted to it, approval will not be required and this section shall be deemed to have been fully satisfied.

Such plans and specifications shall be in such form and shall contain such information as may be reasonably required by the Architectural Review Board including, without limitation:

(a) A site plan showing the location of all proposed and existing structures on the lot, including building set backs, open space, driveways, walkways, and parking spaces, including the number thereof;

(b) A foundation plan;

(c) A floor plan;

(d) Exterior elevation of all proposed structures and alterations to existing structures, as such structures will appear after all back filling and landscaping are completed.

(e) Specifications of materials, color scheme, lighting schemes, exterior windows, door and cornice detail and other details affecting the exterior of all proposed structures and alterations to existing structures;

(f) Plans for grading and landscaping;

(g) Location of outside heating and air conditioning systems;

(h) Location of all service lines providing electrical, water, gas and other utilities to the premises;

(i) Location of septic tanks and all drain lines.

Approval for use in connection with any lot or structure of any plans and specifications shall not be deemed a waiver of the Architectural Review Board's right, in its discretion, to disapprove similar plans and specifications or any other features or elements included therein if such plans, specifications, features, or elements are subsequently submitted for use in connection with any other lot or structure. Further, neither Developer, nor any member of the Architectural Review Board shall be liable in damages to any one submitting plans or specifications for approval under this article, or to any owner of property affected by this declaration, by reason of mistake in judgment, negligence, or nonfeasance, arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications to the Architectural Review Board for approval and every owner of any lot agrees that they will not bring any action or suit against Developer, or any member of the Architectural Review Board to recover for any such damages. Any employee or agent of the Architectural Review Board may, after reasonable notice, at any reasonable time enter upon any lot and structure thereon for the purpose of ascertaining whether the installation, construction, alteration, or maintenance or any structure or the use of any lot or structure is in compliance with the provisions of this Declaration; and neither the Architectural Review Board, nor any such agent shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.

At such time as all of the lots in said subdivision have been fully developed, permanent improvements constructed thereon, and sold to permanent residents, or the Developer, at its discretion, has relinquished such right to act as the Architectural Review Board, the Developer shall notify the Laurel Hill Homeowners Association to that effect, and, thereafter, the Developer's rights and obligations as the Architectural Review Board shall forthwith terminate; and, thereafter, the Laurel Hill Homeowners Association shall have the right, power and authority, through a duly recorded written instrument, to establish a successor Architectural Review Board and prescribe rules and regulations pursuant to which such Board shall act. Notice to the homeowners association by Developer under this provision shall be in writing and shall be deemed written notice to each of the record owners of lots.

7. Homeowners Association. For the purpose of maintaining community centers, common areas, gateways, public easements, parks, parkways, roads, grass plots, parking areas, lakes and ponds, and any facilities of any kind dedicated to the community use and other open spaces of the subdivisions, which now exist or which may hereafter be installed or constructed therein through annexation or expansion of said subdivision and all common community services of every kind and nature required or desire within the said subdivision, for the general use and benefit of all lot owners, each and every lot owner, in accepting a deed or contract for any lot in such premises, agrees to and shall be a member of and be subject to the obligations and duly enacted by laws and rules of the Laurel Hill Homeowners Association, a non profit corporation, including the obligation to pay dues and/or assessments and which may be collected by suit in any court of competent jurisdiction. Any unpaid dues and/or assessments shall constitute a lien on lots to which they attach. By acceptance of a deed or by acquiring any ownership interest in any of the real property included within this declaration or any annexation or expansion of said subdivisions, each person or entity, for himself or itself, his heirs, personal representatives, successors, transferees and assigns, binds himself, his heirs, personal representatives successors, transferees and assigns, to all of the provisions restrictions, covenants, conditions, rules and regulations now or hereafter imposed by this declaration and any amendments or supplements thereof. In addition, each such owner by so doing thereby acknowledges that the declaration sets forth a general scheme for the improvement and development of the real property covered hereby, including expanded property, and hereby evidences his intent that all the restrictions, conditions, covenants, rules and regulations contained herein shall run with the land and shall be binding on all subsequent and future owners, grantees, purchasers, assignees, and transferees thereof. Furthermore, each such owner fully understands and acknowledges that the declaration shall be mutually beneficial to and enforceable by the various owners and future owners. Finally the acceptance of a deed or acquisition of any legal ownership interest in any of the real property included within this declaration, or any annexed or expanded property, by any person or entity, shall constitute an acknowledgment by said person or entity that he has knowledge of this declaration, has received a copy of this declaration, has read the provisions of this declaration and fully intends to comply therewith.

8. Tanks, etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises, provided, that nothing herein shall prevent Developer or its successors and assigns, from erecting, placing or permitting the placing of tanks and other water system apparatus or sewage disposal systems on such premises for the purpose of water supply or sewage facilities. Any tanks for use in connection with any residence constructed on said premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring lots, roads, or streets, all clothes lines, garbage cans, equipment, coolers, woodpiles, or storage piles shall be walled in to conceal them from the view of neighboring lots, roads, or streets. Plans for all enclosures of this nature must be approved by the Architectural Review Board.

9. Setbacks. No building, fence, outbuilding or structure of any nature shall be located closer than forty (40) feet to the street on which said structure shall face or nearer than twenty five (25) feet to any side street; or nearer than ten (10) feet to any interior lot line or nearer than ten (10) feet to any rear lot line. For purposes of this covenant, eaves and steps shall not be considered part of the building, provided, however, this shall not be construed to permit any portion of any building or structure to encroach upon another lot. These setbacks may be waived by the Architectural Review Board. (One waiver has been recorded in Deed Book 666 at page 0071 for Russell D. Young and Ann S. Young which modifies the front set back line from 40’ to 39’ for Lot D7.)

10. Nuisances, Animals. Firearms, Weeds, Noises. Etc. No animals of any kind including by way of illustration and not limitation, horses, cattle, swine, goats, poultry, or fowl shall be kept on any lot. However, household pets not exceeding two (2) in number shall be permitted, provided that same shall be kept exclusively on the premises of the owner. There shall be no discharging of firearms, guns, or pistols of any kind, caliber, type, or any kind of propulsion. No weeds, underbrush, junk, stored materials, wrecked or inoperable vehicles or similar or other unsightly growths or objects shall be permitted to grow or remain upon any lot, and no refuge pile or unsightly object shall be allowed to be placed or suffered to remain anywhere thereon. Each owner shall be responsible for and shall maintain all landscaping, grass, driveways, parking areas, structures and grounds located on each lot in good condition and repair and in a neat and attractive manner. In the event that any owner of any property in the said subdivisions shall fail or refuse to keep such premises free from weeds, underbrush, junk, stored materials, wrecked or inoperative vehicles, or refuge piles or other unsightly growths or objects, then the Developer, the Architectural Review Board or Laurel Hill Homeowners Association may enter upon such lands and remove the same at the expense of the owner and such entry shall not be deemed a trespass and in the event of such removal a lien shall arise and be created in favor of the Architectural Review Board, Developer or Laurel Hill Homeowners Association and against such lot for the full amount chargeable to such lot and such amount shall be due and payable within thirty (30) days after the owner is billed therefore. In addition, no disturbing noises shall be permitted on any lot which interfere with the rights, comforts or convenience of other lot owners. Each lot owner shall be responsible for the actions of his or her family members, servants, employees, agents, visitors and licensees.

11. Vehicles. No trucks and no commercial type vehicles, except pickup trucks weighing less than 5,000 pounds, shall be stored or parked on any residential lot except while parked in a closed garage nor shall said vehicles be parked on any residential street in the subdivisions except while engaged in transporting to or from a residence in the subdivisions, unless otherwise permitted by the Architectural Review Board. No trailers or habitable motor vehicles of any nature shall be kept on or stored on any part of the property except within an enclosed garage. A pleasure boat on its trailer may be parked or stored on that portion of the lot away from the street lying beyond the front building line, but shall not be within the view of neighboring lot owners. No maintenance or repairs shall be performed on any vehicles upon any portion of the property, unless performed in a garage, except in an emergency situation. Notwithstanding the foregoing, all repairs to disabled vehicles within the property must be completed within four (4) hours from its immobilization or the vehicle must be removed.

12. Mining. No derrick or other structure designed for use in boring for oil, natural gas or other minerals shall be erected, placed, or permitted upon any part of such premises, nor shall any oil, natural gas, petroleum or other hydrocarbon products or minerals of any kind be produced or extracted therefrom.

13. Filling In Removing and Drainage. The elevation of a lot shall not be changed so as to materially affect the surface elevation or grade of the surrounding lots. No rock, gravel, or clay shall be excavated or removed from any property for commercial purposes. Each owner shall refrain from interference with the established drainage pattern over his lot from adjoining or other lots, and make adequate provisions for proper drainage from any such lot in the event the established drainage over his lot is changed or altered. For the purpose hereof, "established drainage" is defined as a drainage which will occur at the time the overall grading of the properties, including the landscaping of each lot, is completed.

14. Subdivision of Lots. No lot shall at any time be divided in any manner or its boundary lines changed or altered. The provisions of this paragraph shall not prohibit the combining of two (2) or more contiguous lots in one (1) larger lot and after combination only the exterior boundary lines of the resulting larger lot shall be considered in the interpretation of these covenants. However, unless the lots are combined or replatted by Developer, the combination of lots shall in no way limit the amount of annual dues payable per lot as required by the Developer or any homeowners association. However, the Developer hereby expressly reserves to itself, its successors and assigns, the right to replat any lot or lots; and to take such other steps as are reasonably necessary to make such replatted lot or lots suitable and fit as a building site including, but not limited to, the relocation of easements, walkways, rights of ways, private roads, bridges, parks, recreational facilities and other amenities to conform to the new boundaries of said replatted lots.

15. Utility and Drainage Easements. There are hereby reserved for the purpose of drainage and installing and maintaining utility facilities and for such other purposes incidental to the development of the property the easements as shown on the above described plat. In addition, a perpetual easement is reserved by Developer, its successors and assigns, in, on and over fifteen (15) feet along each side line (7.5 feet on each side) of each lot and over the front and rear ten (10) feet of each lot for utility installations, utility rights of way, drainage, and maintenance thereof. All claims for damages, if any, arising out of the construction, maintenance, and repair or on account of temporary or other inconvenience caused thereby against Developer, or any utility company or any of its agents or servants are hereby waived by the owners. The Developer does further reserve the right to change, lay out anew, or discontinue any street, avenue, or way shown on the plat of development not necessary for ingress or egress to and from an owner's premises.

16. Water Supply. No individual water supply system shall be permitted except solely for irrigation purposes, swimming pools, or for other non domestic use.

17. Swimming Pools. Swimming pools shall not be nearer than ten (10) feet to any property line and shall not project with their coping more than two (2) feet above the established grade.

18. Signs. No signs or other advertising shall be displayed on any lot unless the size, form and number of same are first approved by the Architectural Review Board. However, one "For Sale" sign of not more than eight (8) square feet advertising any lot, improved or unimproved, for sale shall be permitted.

19. Ingress and Egress. No lot or portion thereof shall be used for purposes of ingress or egress to adjacent or contiguous land or lands.

20. Enforcement. In the event of a violation or breach of any of the restrictions, conditions and limitations contained herein by any lot owner, or agent of such owner, the owners of lots in the neighborhood or subdivisions, or any of them jointly or severally, or the Developer, Laurel Hill Homeowners Association, or the Architectural Review Board shall have the right to proceed at law or in equity to compel a compliance to the terms hereof or to prevent the violation or breach in any event. Said parties shall have the right to proceed at law or in equity to compel a compliance to the terms hereof or to prevent their violation. In addition, the Developer or the Architectural Review Board shall have the right, whenever there shall have been built on any lot in the subdivisions any structure which is in violation of these restrictions or which has not been approved by the Architectural Review Board, to enter upon such property where such violation exists and summarily abate or remove the same at the expense of the owner, if after thirty (30) days' written notice of such violation it shall not have been corrected by the owner. Any person entitled to file a legal action for the violation of these covenants shall be entitled to recover cost and reasonable attorney fees as part of such action. Any such entry, abatement and/or removal shall not be deemed a trespass. The failure to enforce any rights, reservations, restrictions, or conditions contained in this Declaration, however long continued, shall not be deemed a waiver of this right to do so and shall not bar or affect its enforcement.

21. Amendment. So long as Developer owns ten (10%) percent of the residential lots subject to this declaration, eight initially or by addition, Developer may, in its sole discretion amend this declaration as long as such amendment is not in derogation of the interests of any mortgagee of a lot. Any such amendment shall be rights and interests appurtenant to and which run with the land at law.

22. Federal Lending Requirements and Rules and Regulations of State and County. These restrictions may be altered or changed by the Developer, if required by any federal, state, county or municipal law or regulation which may, or hereafter create any conflict herewith, the effect of which would hinder or hamper the rights of owners within the communities, the marketability of commercial paper, including notes, mortgages or deeds to secure debt taken in connection with the financing of homes to be built upon the above described property, or the acceptance of any right of ways or easements by any such federal, state, or county or municipal authorities.

23. Severability. The invalidation by any court of any restriction, covenant, or condition contained herein, or any part thereof, shall in no way affect any of the other restrictions, conditions or covenants, or the remaining portion of any of same which may in part be invalid, but they shall remain in full force and effect.

24. Successors. This Declaration and the restrictions, covenants and conditions contained therein shall be binding upon and for the benefit of the heirs, successors and assigns of Developer and all persons or entitles claiming thereunder.

25. Assignment of Obligations. The Developer shall have the right to grant and convey all of its rights and obligations acquired hereunder, including the right to enforce these covenants, conditions, reservations and restrictions to any duly formed homeowners association at such time as in the sole judgment of said Developer said association is ready to undertake the obligation of enforcing them. Upon such conveyance and grant, the said association shall have and shall succeed to all rights and duties with the same powers as if the association had been named as Developer herein.

26. Lien Creditors. The breach of any of the foregoing covenants, conditions, reservations, or restrictions, or any re entry of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such subdivision and any improvements thereon, but the same shall be binding upon and effected against any such mortgagee or trustee or owner thereof, who title thereto or whose grantor's title is or was acquired by foreclosure, trustee sale, or otherwise.

27. Duration. All covenants, conditions, reservations and restrictions provided for herein shall continue and remain in full force and effect at all times as against the owner of any lot in such subdivision, regardless of how he acquired title, until the commencement of the calendar year 2010, on which date these covenants, conditions, reservations and restrictions shall terminate and end, and thereafter be of no further legal or equitable effect on said premises or any owner thereof; provided, however, that these covenants, conditions, reservations, and restrictions shall automatically be extended for a period of ten (10) years, and thereafter in successive ten year periods, unless on or before the end of one of such extension periods or the base period, the owners of a two thirds majority of the then existing lots in the subdivision shall by written instrument duly recorded declare a termination of same. Although these covenants, conditions, reservations, and restrictions may expire as herein provided, any and all reservations for breach of same committed or suffered prior to such expiration shall be absolute. In the event the provisions hereunder are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then and in that event, such term shall be reduced to a period of time which shall not violate the rule against perpetuities as set forth in the laws of the State of South Carolina.


IN WITNESS HEREOF, The Genoa Group Partnership has caused these present to be executed in its name by its general partners this 20th day of July, 1990.

IN THE PRESENCE OF: THE GENOA GROUP PARTNERSHIP

/S/ James F. Walsh, Jr. /S/ Harris B. Davis

__________________________ ________________________
Managing Partner

/S/ Susan C. Gleaton /S/ Marion F. Moore

__________________________ ________________________
Managing Partner

STATE OF SOUTH CAROLINA)

COUNTY OF ORANGEBURG )

PERSONALLY appeared before me Susan C. Gleaton and made oath that she saw The Genoa Group Partnership by its managing partners sign, seal and as their act and deed, deliver the within written Declaration and that she with
James F. Walsh, Jr., witnessed the execution thereof

/S/ Susan C. Gleaton
________________________
SWORN to before me this 20th day of June, 1990.

/S/ James F. Walsh (L.S.)
_______________________________________
Notary Public for S.C.
My Commission Expires: 4 20 91

Posted by bcrumpton on 05/04/2008
Sponsored Links
Advertise Here!

Promote Your Business or Product for $10/mo

istockphoto_12477899-big-head.jpg

For just $10/mo you can promote your business or product directly to nearby residents. Buy 12 months and save 50%!

Buynow

Zip Code Profiler

29118 Zip Code Details

Neighborhoods, Home Values, Schools, City & State Data, Sex Offender Lists, more.