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STATE OF SOUTH
CAROLINA
COUNTY OF
YORK
DECLARATION OF COVENANTS, RESTRICTIONS,
LIMITATIONS, AND EASEMENTS APPLICABLE
TO
GRINGLEY-ON-THE-HILL
LOCATED IN BAILIWYCK COMMUNITY
ARTICLE 1.
RECITAL OF PURPOSE.
Home
Federal Savings Bank of South Carolina, (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. Home Federal Savings
Bank of South Carolina 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 Gringley-on-the-Hill in Bailiwyck Community as
described in Exhibit “A”, and of any contiguous and surrounding
property which hereafter may be subjected to this plan of land use
in accordance with the provisions of Article 3.
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,
formerly developed by Pleasant Road Development Group, Inc., and
now being developed by Home Federal Savings Bank of South Carolina,
Successor in interest to the land formerly owned by Pleasant Road
Development Group, Inc.
2.5
“Developer” shall mean Home Federal Savings Bank of South
Carolina 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
Home Federal Savings Bank of South Carolina 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.
2.8
Gringley-on-the-Hill subdivision plat shall mean the plat of
Gringley-on-the Hill subdivision
prepared by Williams Engineering dated April 1, 1994, revised January 31,
1994, and recorded in Plat Book 127 at Page 177.
ARTICLE
3
IMPOSITION OF COVENANTS
Home
Federal Savings Bank of South Carolina,
by execution and entering this instrument of record publishes and
declares that the subdivided lots and parcels of land consisting of the
Village of Gringley-on-the-Hill
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 minimum
square footage requirements for enclosed dwelling area of Gringley-on-the-Hill
shall be 1750 square feet (if two-story, first floor minimum is 1000). )
4.2
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
full size satellite dish shall be permitted on any lot. The Architectural
Review Board shall review requests for miniature satellite dishes (under
24 inches in diameter) on a case by case basis to determine if the size or
requested location would detract in any way from the aesthetics of the
neighborhood. All garages shall be enclosed.
The plans and site location of any proposed improvements may be
rejected or conditionally approved upon any reasonable grounds which the
Committee in its 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.
4.3
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 Gringley-on-the-Hill. 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.
4.4
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 Gringley-on-the-Hill should contain a minimum of 1750
square feet of interior space. If the house is to be composed of
two-stories, the ground level or first-story must contain at least 1000
square feet.
4.5
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. There shall be no overnight parking on any street within Bailiwyck
Subdivision which includes automobiles, trucks, campers and recreational
vehicles.
4.6
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.
4.7
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.
4.8
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.
4.9
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 construction of
all houses. No other free-standing mail boxes or newspaper boxes
shall be used or permitted.
4.10
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
continguous
lots into one (1) larger lot, only the exterior boundary lines of the
resulting larger lot shall be considered in application of these
covenants. In all other cases where lot boundaries are altered by or with
permission of Developer, easements running along the original boundaries
shall be deemed extinguished and replaced by similar easements running
along the revised boundary lines.
4.11
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.
4.12
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.
4.13
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.
4.14
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 GRINGLEY-ON-THE-HILL
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 and covenants 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 Developer 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 Developer 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 Developer.
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
Developer.
5.8
The Developer 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 Developer, that the
Developer 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 Developer 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. The provisions of Bailiwyck Community Homeowners Association, Inc. is
recorded in the Office of the Clerk of Court for York County in Deed Book
937 at Page 113.
ARTICLE
7
ENFORCEMENT
Enforcement of these Covenants and Restrictions shall be any
proceeding at law or in equity against any person or persons violating or
attempting to violate or circumvent any covenant or restriction, either to
restrain violation or to recover damages, against the land and to enforce
any liens created by these covenants; and failure by the Association or
any owner or the Developer to enforce any covenant or restriction herein
contained for any period of time shall in no event be deemed a waiver or
estoppal of the right to enforce same hereinunder.
IN WITNESS WHEREOF, Home Federal Savings Bank of South Carolina, by
Herman E. Honeycutt, its President, has executed this Declaration and
affix its seal hereunto this 31st day of
January, 1995.
WITNESS:
HOME FEDERAL SAVINGS BANK
OF SOUTH CAROLINA
By:
________________________
____________________________
Herman E. Honeycutt - President
________________________
STATE
OF SOUTH CAROLINA
COUNTY
OF YORK
PERSONALLY appeared before me Rhonda P. Denton who, on
oath says that she saw the within named Home Federal Savings Bank of South
Carolina, by Herman E.
Honeycutt, its President, sign the within instrument for the uses and
purposes therein mentioned, and as his act and deed, deliver the same, and
that she with Jeffrey E.
Cove witnessed the execution thereof.
SWORN
TO before me this 31st
)
)
day of January, 1995. )
_____________________________
)
____________________
)
Notary
Public for S.C.
)
My
Commission Expires ______ )
EXHIBIT
“A”
All those certain lots of land lying, being and situate in the
County of York, State of South Carolina, and being shown and designated as
Lots 4 to 12, and Lots 31 to 52 of Gringley-on-the-Hill Subdivision owned
and developed by Home Federal Savings Bank of South Carolina on a Final
Plat of Lots 4 to 12 and Lots 31 to 52 of Gringley-on-the-Hill prepared by
Williams Engineering, dated January 31, 1995, and recorded in the Office
of the Clerk of Court for York County in Plat Book 127 at Page 177.
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