Fort Mill S.C.
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Fort Mill S.C. |
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Covenants and Restrictions for Amberley/Portpatrick & Cranborne |
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STATE OF SOUTH
CAROLINA COUNTY OF
YORK
DECLARATION OF COVENANTS, RESTRICTIONS,
LIMITATIONS, AND EASEMENTS APPLICABLE
TO
BAILIWYCK COMMUNITY
COVENANTS FOR SINGLE FAMILY LOTS LOCATED
IN THE VILLAGES OF AMBERLEY, PORTPATRICK
AND CRANBORNE ARTICLE 1.
RECITAL OF PURPOSE. Firm:
Pleasant Road Development Group, Inc., (the “Developer”) is the
holder of title in fee simple to the subdivided tracts of land described
in Exhibit “A” of this Declaration, all of which are part of a
community known as “Bailiwyck”, situated in Fort Mill Township, York
County, South Carolina. Pleasant Road Development Group, Inc., desires and
intends by this Declaration to create an enforceable plan of covenants and
restrictions to control the development, improvement, and use of the
subdivided lots and parcels of land of the villages s of Amberly,
Portpatrick and Cranborne in Bailiwyck Community as described in Exhibit
“A”, and of any continguous and surrounding property which hereafter
may be subjected to this plan of land use in accordance with the
provisions of Article 3. There will be other areas of Bailiwyck subject to
Title 27, Chapter 31 of the Code of Laws of South Carolina as amended
known as the “Horizontal Property Act”. ARTICLE
2.
DEFINITIONS. Certain
terms when used in this Declaration shall have the following meanings
unless the context clearly requires a different meaning: 2.1
The term “lot” shall mean any numbered parcel of land shown on
a recorded plat of a subdivided section of land which is now or hereafter
subjected to the covenants and restrictions set forth in this Declaration. 2.2
The term “Declaration” shall mean this instrument when it is
used without other reference or identification. 2.3
The term
“these covenants” shall mean all of the covenants, land use
restrictions, conditions, limitations, easements, and affirmative
obligations set forth in this Declaration. 2.4
The term “Bailiwyck” shall mean a certain residential
subdivision in Fort Mill Township, York County, South Carolina, to be
developed by Pleasant Road Development Group, Inc., and initially to be
composed of the subdivided lots, parcels of land and condominium units
described in Exhibit “A” of this Declaration. 2.5
“Developer” shall mean Pleasant Road Development Group, Inc.,
as the owner and developer of Bailiwyck and the declarant of these
covenants and restrictions. 2.6
“The Bailiwyck
Architectural Review Committee” shall mean that board of
individuals to whom Pleasant Road Development Group, Inc. may delegate its
rights to exercise prior approval over all houses, structures, and
improvements erected, placed, or altered in Bailiwyck. 2.7
The “Plat” shall mean the plat of Bailiwyck Community prepared
by Frank B. Hicks and Associates, dated November 20, 1986 and recorded in
Plat Book 85 at Page 196 referred to in Exhibit
“A”. 2.8
“Amberley Subdivision Plat” shall mean the plat of Amberley
Subdivision Phase 1, prepared by Frank B. Hicks, dated November 10, 1986,
revised February 24, 1987 and recorded in Plat Book 85 at Page 197. Future
phases of Amberley Subdivision shall be recorded at a later time. 2.9
“Portpatrick Subdivision Plat” shall be recorded at a later
time. 2.10
“Cranborne Subdivision Plat” shall be recorded at a later time. ARTICLE
3
IMPOSITION OF COVENANTS Pleasant
Road Development Group, Inc., by execution and entering this instrument of
record publishers and declares that the subdivided lots and parcels of
land consisting of the Villages of Amberley, Portpatrick and Cranborne to
be located in Bailiwyck Community which are described in Exhibit “A”,
shall hereafter be owned, occupied, used, conveyed, encumbered, leased,
and improved in accordance with the covenants, restrictions, conditions,
limitations, and affirmative obligations set forth in this Declaration and
in accordance with the easements and setbacks shown on the Plat, all of
which shall be deemed covenants and obligations running with the land. ARTICLE 4
GENERAL COVENANTS, RESTRICTIONS, AND EASEMENTS 4.1
All lots affected by these covenants shall be used for residential
purposes. The only structures to be erected, altered, placed or permitted
on any lot shall be one (1) single-family detached dwelling. The term
“enclosed dwelling area” as used in these minimum size requirements
shall mean the total enclosed area within a dwelling; provided, however,
that such term does not include garages, terraces, decks, porches, even
though attached to the house, are specifically excluded from the
definition of the aforesaid term “enclosed dwelling area”. The three
villages shall have the following minimum square footage requirements for
enclosed dwelling area: Amberley
2100 (If two-story, first floor
Minimum is 1200) Portpatrick
1750 (If two-story, first floor
Minimum is 1000) Cranborne
1750 (If two-story, first floor
Minimum is 1000) 4.3 No house, garage, building or other structure shall be erected, or altered subsequent to being erected, upon any lot until the proposed plans, including exterior finish and color and also including plot plan (delineating site location of the proposed building or structure, as well as driveways and parking areas), have been approved in writing by the Bailiwyck Architectural Review Committee. Structure subject to prior approval shall include, without limitation, fences, walls, and free-antennas, and pole-mounted security lights. No chain link fences will be permitted on any lot. No clothes lines will be permitted on any lot. No satellite dish shall be permitted on any lot. The plans and site location of any proposed improvements may be rejected or conditionally approved upon any reasonable grounds which the Committee in the sole discretion shall deem desirable for the orderly, harmonious, and aesthetic development and use of land in Bailiwyck. One copy of the proposed plan and plot plan shall be submitted to the Bailiwyck Architectural Review Committee for review and for retention with its permanent records. If the Architectural Review Committee fails to grant, deny, or conditionally approve proposed plans within thirty (30) days following receipt of all items required by this paragraph, the provisions of this paragraph shall be deemed to have been waived and approval shall be deemed to have been granted. 4.4
In order to assure that every building or structure will be located
such that views, privacy, and ventilation will be maximized to the extent
practicable for all residences, and also to assure that every building or
structure will be located with proper regard to the topography of the
site, preserving large trees and implementing aesthetic and environmental
objectives, the Bailiwyck Architectural Review Committee shall have the
right and full discretionary authority to designate the general site
location of any building or structure erected, place, altered, or enlarged
upon any lot or parcel of land affected by these covenants. If, however, a
particular site location is stipulated in writing in a contract of
purchase or deed of conveyance by Developer, the Architectural Review
Committee shall accept such stipulation and the site shall be deemed
approved without further action. As indicated on the Plat, all structures
shall be set back from the frontage street by a distance of at last
twenty-five (25) feet in Amberly, Portpatrick and Cranborne. No trees
exceeding six (6) inches in diameter, which are located more than ten (10)
feet from the house site, shall be removed from any lot without prior
written approval of the Architectural Review Committee. 4.5
No house will be approved for construction by the Bailiwyck
Architectural Review Committee unless it is designed to contain a minimum
square feet of heated interior space. The
houses on lots in Amberley should contain a minimum of 2,100 square feet
of interior space. If the house is to be composed of two-stories, the
ground level or first-story must contain at 1200 square feet. The houses
on Portpatrick should contain a minimum of 1750 square feet of interior
floor space. If the house is two-stories, the ground level or first-story
contain 1000 square feet. The houses on lots in Cranborne should contain a
minimum of 1750 square feet of interior floor space if the house is to be
composed of two-stories; this ground floor, or first-story must contain at
least 1000 square feet.
4.6
In construction of a residential dwelling, every lot owner shall
provide space for automobile parking off public streets in accordance with
standards established by the Bailiwyck
Architectural Review Committee, and such parking space shall be
completed prior to occupancy. All parking spaces and driveways shall be
paved. 4.7
The exterior of all houses, and other structures must be completed
within one (1) year, except where completion is impossible or would result
in hardship to the lot owner or builder due to strikes, fires, severe
material shortages, national emergency, or natural calamity. 4.8
No mobile home or trailer, and no structure of a temporary
character, shall be placed on any lot at any time either temporarily or
permanently, except for construction trailers and sheds during the actual
construction of improvements thereupon. No disused or abandoned vehicles
shall be stored or left on any lot, nor shall any boats be kept in open
storage on any lot. 4.9
In construction of a residential dwelling, every lot owner
(including speculative builders) shall provide screened or enclosed areas
in which garbage receptacles, fuel tanks and similar storage receptacles
shall be installed. 4.10
All free-standing mail boxes for rural delivery located on lots
affected by these covenants shall be of uniform size, design, materials,
and color, and shall be constructed by owners and builders in accordance
with standards established by Developer or by the Bailiwyck Architectural
Review Committee in completing constructions of
all houses. No other free-standing mail boxes or newspaper boxes
shall be used or permitted. 4.11
No lot shall be subdivided,nor its boundary lines altered, except
with the prior written consent of Developer. The right is reserved,
however, by Developer to replat any lot or lots owned by it and shown on
plats of subdivided sections made subject to these covenants, together
with the right to relocate easements, roads, streets, walkways, bridges,
parks, open space areas, recreational facilities, and other amenities as
shown on the initial plat to conform to the revised boundaries of the
replatted lot or lots. In no event shall lot boundaries be altered such
that any new lot is more than fifty (50) per cent smaller in total area
than the smallest lot on the initially recorded plat of the subdivided
section. The provisions of this paragraph shall in no way prohibit the
combination of two (2) or more 4.12
No obnoxious or offensive activity shall be conducted on any lot,
nor shall anything be done on any lot tending to cause discomfort or
annoyance to the neighborhood. No plants, animals, machines, or devices of
any kind whose normal activity or existence is dangerous, unsightly,
unsanitary, or unpleasant shall be maintained on any lot. 4.13
Every lot owner shall bear the affirmative duty of preventing his
lot and residence from becoming unkempt, unsightly, or unclean, and thus
detracting from the beauty
and setting of Bailiwyck. 4.14
Developer reserves unto itself, its successors, assigns, and
licensees a perpetual and assignable easement and right of way on, over,
and under every lot, extending ten (10) feet in width along the front and
rear boundary lines and ten (10) feet in width along the lateral boundary
line of each lot, to be used for installation, operation, and maintenance
of electric and telephone wires, cables, conduits, and accessory
equipment; for water and sewerage pipes, mains, pumps, and related
facilities; for storm drainage
and drainways; for gas lines; for community television lines, and for use
or conveyance of other utilities serving the public convenience. The rear
lot line easement created hereby shall be twenty (20) feet in width on the
lots thus designated on the
Plat. The easement reserved hereby shall
expressly include the right to cut or trim trees, bushes, or
shrubbery; to grade ground surface areas; to cut ditches and trenches; and
to take similar actions reasonable necessary to provide safe, economical,
and attractive utility services. 4.15
All electric and telephone lines connecting houses with
distribution and main transmission lines shall be installed underground.
Distribution and main transmission lines may, however, be installed on
poles above ground. ARTICLE 5.
SPECIAL RESTRICTIONS AFFECTING OPEN SPACE AREAS
WITHIN AMBERLEY, PORTPATRICK AND CRANBORNE 5.1
It shall be the intent and purpose of
these restrictions and covenants to maintain and enhance certain
areas designated as Open Space Areas on plats hereafter filed for record
in the Office of the Clerk of Court for York County, South Carolina, by
Company. It shall be the further intent and purpose of these restrictions
to maintain and enhance the conservation of soils, wildlife, game and
migratory birds, enhance the value of abutting and neighboring forests,
wildlife preserves, natural reservations or sanctuaries or other open
areas and open spaces, and to afford and enhance recreation opportunities,
preserve historical sites and implement opportunities,
and implement generally the Bailiwyck master plan for development. 5.2
It is expressly understood and agreed that no building, tent,
trailer, or other structure, either temporary or permanent, except as
noted elsewhere herein, shall be erected or caused to
be placed on any lands shown and set aside on a recorded
subdivision plat as Open Space Area. 5.3
Pursuant to its overall program of wildlife conservation and nature
study, the right is expressly reserved to the Company to erect wildlife
feeding stations, to plant small patches of cover and food crops for
quail, turkeys and other wildlife and hiking, to erect small signs
throughout the Open, to make access trails or paths through said Open
Space Areas for the purpose of permitting observation and study of
wildlife and hiking, to erect small signs throughout the Open Space Area
designating points of particular
interest and attraction, and to take such other steps as are reasonable,
necessary and proper to further the aims and purposes of the Open Space Area. 5.4
The general topography of the landscape and frontage or creek
frontage, as well as distinctive and attractive scenic features in Open
Space Areas shall be continued in their present condition, subject only to
the exceptions noted herein. 5.5
The Company shall have the right to protect from erosion the land
described as Open Space Area by planting trees, plants and shrubs where
and to the extent necessary or by such mechanical means as bulkheading, or
other means deemed expedient or necessary by Company. 5.6
No dumping of trash, garbage, sewage, sawdust
or any unsightly or offensive material shall be placed upon such
Open Space Area, except as is temporary and incidental to the bona fide
improvement of the area in a manner consistent with its classification as
Open Space Area. 5.7
The establishment of Open Space Areas does in no way grant to the
public or to the owners of any surrounding or adjacent land; the right to
enter such Open Space Area without the express permission of the Company. 5.8
The Company expressly reserves to itself, its successors and
assignees, every reasonable usse and enjoyment of said Open Space Areas,
in a manner not inconsistent with the provision of this Declaration. 5.9
It is expressly understood and agreed that the establishment of
Open Space Areas or the declaration of these Special Restrictions does in
no way place a burden of affirmative action on the Company, that the
Company is not bound to make any of the improvements noted herein, or
extend to the grantee any service of any kind. 5.10
Where the Company is permitted by these covenants: to correct,
repair, clean, preserve, clear out or do any action on the restricted
property, entering the property and taking such action shall not be deemed
a breach of their covenants. ARTICLE 6
BAILIWYCK COMMUNITY HOMEOWNERS ASSOCIATION, INC.
Each lot owner shall become a member of the Bailiwyck
Community Homeowners Association, Inc., and shall be subject to the
terms and conditions of the Bailiwyck Community Homeowners Association,
Inc.
IN WITNESS WHEREOF, South Carolina, has authorized and caused it s
undersigned offices to execute this Declaration and affix its seal
hereunto this 24th
day of February, 1987 WITNESS:
PLEASANT ROAD
DEVELOPMENT GROUP, INC.
By: ________________________
____________________________
(Title) ________________________
Attest _______________________
(Title)
(Seal) STATE
OF SOUTH CAROLINA COUNTY
OF YORK
PERSONALLY appeared before me Christine Rudd who, on oath
says that she was the within named Pleasant Road Development Group, Inc.,
by Haines A. Maxwell, Sr. its President, sign the within
instrument for the uses and purposes therein mentioned, and Haines A.
Maxwell, Jr., its Secretary, attest the same, and the said
corporation, by said officers, seal said instrument, and as its act and
deed, deliver the same, and that she with Thomas A. Givens
witnessed the execution thereof. SWORN
TO before me this 24th )
)
day of February, 1987.
)
_____________________________
)
CHRISTINE RUDD ____________________
)
Notary
Public for S.C.
) My
Commission Expires ______) EXHIBIT
“A” All
that certain piece, parcel or tract of land lying, being and situate in
the County of York, State
of South Carolina, and being shown and designated 111.21 acres, more or
less, on a survey of property of Bailiwyck Community prepared by Frank B.
Hicks Associates, Inc., dated November 20, 1986, and recorded in the
Office of the Clerk of Court for York County in Plant Book 85., at page
196, and being more particularly described according to said plat as
follows: BEGINNING at a point in the center of Pleasant Road having North
Carolina grid coordinates N.490,057.113 E. 1,414,185.885 and running
thence S. 88-02-15 E. 2,632.11 feet to a point; thence S. 25-22-16 E.
221.51 feet to a point; thence S. 22-17-06 E. 132.21 feet to a point;
thence S. 4-06-39 W. 141.47 feet to a point; thence S. 17-06-15 W. 67.25
feet to a point; thence S. 51-44.32 W. 68.01 feet to a point; thence S.
78-46-45 W. 111.45 feet to a point; thence N. 85-50-57 W. 186.79 feet to a
point; thence S. 71-48-10 W. 152.93 feet to a point; thence S. 27-24-10 W.
75.84 feet to a point; thence S. 61-27-47 W. 79.05 feet to a point; thence
S. 20-46-49 W. 110.67 feet to a point; thence S. 1-20-01 W. 100.27 feet to
a point; thence S. 26-50-14 W. 54.17 feet to a point; thence S.0-41-30 E.
169.78 feet to a point; thence S.51-11-37 E. 131.48 feet to a point;
thence S. 85-45-01 E. 32.19 feet to a point; thence S. 40-56-21 E. 181.70
feet to a point; thence S.85-03-33 E. 136.00 feet to a point; thence N.
89-02-49 E. 204.66 feet to a point; thence S. 63-31-18 E. 120.09 feet to a
point; thence S. 35-41.01 E. 130.88 feet to a point; thence S. 18-43-49 E.
101.30 feet to a point; thence S. 9-58-49 E. 198.10 feet to a point;
thence S. 21-18-35 E. 94.94 feet to a point; thence S. 25-26-01 W. 178.88
feet to a point; thence S. 67-49-46 W. 97.43 feet to a point; thence N.
78-00-22 W. 101.26 feet to a point; thence N. 89-57-38 W. 79.17 feet to a
point; thence N. 78-21-51 W. 65.64 feet to a point; thence S. 54-52-28 W.
207.83 feet to a point; thence S. 88-09-06 W. 40.10 feet to a point;
thence S. 82-45-00 W. 135.00 feet to a point; thence N. 78-50-00 W. 65
feet to a point; thence N. 44-05-00 W. 138.00 feet to a point; thence S.
81-07-00 W. 115.15 feet to a point; thence S. 81-07-00 W. 229.85 feet to a
point; thence N. 30-28-30 W. 255.00 feet to a point; thence S. 81-05-30 W.
271.00 feet to a point; thence S. 81-05-30 W. 60.46 feet to a point at the
edge of Bailiwyck Green Road; thence with Bailiwyck Green Road N. 32-46-48
W. 342.00 feet to a point; thence continuing with Bailiwyck Green Road N.
35-52-17 W. 180.22 feet to a point; thence continuing with the curve of
Bailiwyck Green Road (R=550.00) for a distance of 527.55 feet to a point;
thence continuing with Bailiwyck Green Road S. 84-05-35 W. 472.66 feet to
a point in the center of Pleasant Road; thence with
Pleasant Road N. 11-38-19 W. 155.73 feet to a point; thence N.
6-51-08 W. 141.38 feet to a point; thence N. 1-51-14 W. 166.71 feet to a
point; thence N. 1-50-45 E. 303.63 feet to a point; thence N. 2-21-12 E.
772.82 feet to point of beginning. This
being a portion of the identical property conveyed to Pleasant Road
Development Group, Inc., by deed of Haines A. Maxwell, Sr., dated June 24,
1986, and recorded in Deed Book 932, at Page 139. |