STATE OF
WHEREAS, First Land Company, Inc. (hereinafter referred to
as "Owner") are the owners and holders of the real estate
hereinafter described and are desirous of developing same in the
best manner possible as a residential subdivision; and
WHEREAS, Owner is desirous of placing upon said real estate
certain protective and restrictive covenants in order to benefit
Owner and any and all other persons whomsoever purchasing,
acquiring or occupying any portion of said real estate;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that First
Land Company, Inc. does hereby restrict the following described
real estate in the manner hereinbelow set forth and the sale of
any part or portion of the hereinafter described property shall
act as consideration to them for the placing of said restrictive
covenants upon the said real estate.
, RESTRICTIVE COVENANTS
(1) All lots in said subdivision shall be known and described
residential lots, and no structure shall be erected, altered,
placed or permitted to remain on any residential building lot
other than the one (1) detached, single-family dwelling not to
exceed three stories in height and a private garage of no more
than three cars and storage or servants' quarters, but separate
rental of such quarters is specifically prohibited. For the
purpose of the within restrictions, the term "single family"
expressly excludes group homes.
(2) No residence or outbuilding shall be located on any building
plot nearer than 10 feet to any side lot line. In addition, ail
buildings must be placed so as to comply with the set back lines
shown on plat of Harlinsdale Farm Subdivision, Phase I by Ashmark
Land Surveyors and dated November 14, 1988, which is incorporated
herein by reference.
(3) No camper, mobile home, trailer, tent, shack, or garage,
whether temporary or permanent, other than the garage and
servants' quarters as aforesaid, shall be placed or located on
this property; nor shall any of the aforesaid at any time be used
as a residence temporarily or permanently; nor shall any
structure of a temporary character be used as a residence.
(4) No residential dwelling costing'less than $130,000.00 as of
June 1, 1987 cost levels shall be erected on any lot in said
tract and the floor space of the main structure exclusive of
one-story open porches and garages shall not be less than 2400
square feet.
(5) No noxious or offensive trade or activity shall be carried
on upon this property nor anything done thereon which may be or
become detrimental, an annoyance or a nuisance to the
neighborhood. The keeping of one or more ordinary household pets
in limited number under strict supervision of the owner or
occupant and under reasonable conditions not creating an
annoyance or nuisance in the neighborhood shall not be considered
violative of this provision. Keeping of animal or fowl under any
other conditions is to be considered as prohibited by this
provision and violative thereof.
(6) No building or outbuilding shall be erected, placed or
altered on any lot until the constructive plans and
specifications and a plan showing the location of the structure
have been approved by an Architectural Control Committee
established as herein provided as to quality of workmanship and
materials, harmony of external design with existing structures
and as to location with respect to topography and finish grade
elevation and proximity to street and side lot lines and other
buildings. No fence or wail shall be erected, placed or altered
on any lot nearer to any street than the main residence unless
similarly approved. No building plans shall be approved unless
they require the planting of appropriate shrubbery in keeping
with the type and character of structure proposed and in keeping
with other structures and other shrubbery in the surrounding
neighborhood, and the failure on the part of the owner to
accomplish construction and to provide for the planting of
shrubbery consistent with plans and specifications submitted and
approved shall constitute a violation of these covenants. The
Architectural Control Committee is hereby declared to be composed
of R. Warren Norman, David P. Norman and Ralph W. Norman, Jr. In
the event of death or resignation of any member of the Committee,
the remaining members shall have full authority to designate a
successor. The members of the Committee shall not be entitled to
any compensation for the services performed pursuant to this
covenant. At any time the within record owners of the lots
affected hereby shall have the power through a duly written
instrument executed by the same persons required to approve
amendments of these restrictions under the terms of Paragraph 8
hereof to change the membership of the Committee or to withdraw
from the Committee or to restrict any of its powers or duties.
The approval or disapproval of the Committee as required in these
covenants shall be in writing. In the event the Committee fails
to indicated its approval or disapproval within 30 days after the
plans and specifications have been submitted to it in writing or
in any event, if no suit to enjoin the construction has been
commenced within 90 days after construction has begun or by the
time of completion thereof in the case of a dwelling house,
approval will not be required and the related covenants shall be
deemed fully complied with.
(7) No satellite dish or similar receiver shall be placed on any
of the lots.
(8) No chain link fences or similar such fences shall be placed
on any of the lots.
(9) All mailboxes for residential dwellings shall be brick or
stucco, with common name plates as determined by the
Architectural Committee.
(10) No vehicle, car or other obstruction shall be parked or left
in any subdivision street for more than forty-eight (48) hours.
No boats, campers or recreational vehicles shall be kept in the
front or side yard.
(11) Grantor will organize a non-profit, non-stock association of
property owners consisting of all of the then owners of lots
within the area subjected to these Restrictions and may, at its
option convey any portions of the property not used as
residential building lots (such as entrance ways) to said
association of owners of homes within the subdevelopment. Said
properties may also include a "green area" to be used by the
association. By purchasing a property subjected to these
Restrictive Covenants, the Grantee or their heirs, successors, or
assigns agrees to be a member of said association and to abide by
such rules as may be promulgated by said association for the
maintenance and upkeep of said areas of properties conveyed to
the association. Grantee, their heirs and assigns herein pledges
to pay to said association a sum to be assessed for the
maintenance and bea»utification of the common areas by the
association,
(12) These restrictions shall continue effective for a period of
20 years from the date hereof and shall likewise continue
effective in successive 10 year periods thereafter unless and
until changed within the initial 20 year period or in any
subsequent 10 year period by mutual consent in writing by those
owners of lots in the restricted area comprising 51% of the total
number of such lots and the same may be enforced by injunction
for damages for violation by any owner of any lot affected by
these restrictions.
(13) Invalidation of any one of these covenants by judgment or a
Court Order shall in no wise affect any of the other provisions
which shall remain in full force and effect.
DESCRIPTION
All those certain pieces, parcels or lots of land lying,
being and situate in
particularly shown and described on Plat of Harlnsdale Farm
Subdivision, Phase I, by Ashmark Land Surveyors dated November
14, 1988 and recorded in Plat Book 97 at page 79 in the Office
of the Clerk of Court for
IN WITNESS WHEREOF, First Land Company, Inc. has caused
these presents to be executed in its name by R. Warren Norman,
its President and Ralph W. Norman, Jr. its Secretary and its
corporate seal to be hereto affixed this 7 day of December, in
the year of our Lord one thousand nine hundred eighty-eight and
in the two hundred thirteenth year of the Sovereignty and
FIRST LAND COMPANY, INC.
ATTEST:
R. Warren Norman
Ralph W. Norman
STATE OF
PERSONALLY APPEARED before me the undersigned witness who on
oath states that s/he was present and saw First Land Company,
Inc. by R. Warren Norman its President and Ralph W. Norman, Jr.,
its Secretary sign the foregoing Restrictive Covenants, and the
Corporation, by said officers as its act and deed, deliver the
same and that s/he with the other witness above named witnessed
the execution thereof.
STATE OF
) AMENDMENT TO RESTRICTIVE COVENANTS
WHEREAS, First Land Company, Inc., caused to be recorded certain Restrictive
Covenants for Harlinsdale Subdivision on December 7, 1988, in Deed Book 1065, at Page 195,
in the Office of the Clerk of Court for
WHEREAS, Paragraph 12 provides that the restrictions may be changed by mutual
consent in writing by those owners of lots in the restricted area comprising 51% of the total number of such lots; and,
WHEREAS, First Land Company, Inc., and the undersigned Owners desire to amend the
Restrictive Covenants as set forth herein;
NOW, THEREFORE, in consideration of the premises, the parties agree to amend the
Restrictive Covenants recorded in Deed Book 1065, Page 195, as follows:
a. The last sentence of Paragraph 2 of the above-referenced Restrictive Covenants shall be deleted and replaced with the following language:
"In addition, all buildings must be placed so as to comply with the
setback lines shown on the subdivision plat of the applicable
Phases of Harlinsdale Farm Subdivision, as recorded or to be
recorded, each of which is incorporated herein by reference."
b. Paragraph 4 of the above-referenced Restrictive Covenants shall be deleted and replaced with the following language:
"No residential dwelling costing less than $190,000 as of June 1,
1987 cost levels shall be erected on any lot in said tract and the
floor space of the main structure exclusive of one-story open
porches and garages shall not be less than 3,000 square feet."
c. Paragraph 9 of the above-referenced Restrictive Covenants shall be deleted and replaced with the following language:
"All mailboxes for residential dwellings shall be Wrought Iron in
design with common brass numbers as determined by the
Architectural Review Committee as provided in Paragraph 6 of the
within Restrictive Covenants."
d. A new paragraph No. 14 shall be added to the above-referenced Restrictive
Covenants as follows:
"14. All roofs for residential dwellings shall be constructed with a
minimum 25 year shingle with a minimum weight of 240# per
square foot. This restriction shall take effect upon the recording of
the within Amendment to Restrictive Covenants, and shall not
require any homeowners not meeting this standard on this date to
replace with the minimum required shingle."
e. The Description set forth in the above-referenced Restrictive Covenants is amended by adding thereto the tracts described on the attached Exhibit A.
f. Paragraph 11 of the above-referenced Restrictive Covenants is amended by providing that all the Grantees, his or her heirs, successors or assigns of each lot subdivided or to be subdivided from the tracts described on the attached Exhibit A shall agree to be, and shall be admitted by the association as, a member of said association with all rights and obligations associated with such membership.
g. A new Paragraph 15 shall be added to the above-referenced Restrictive
Covenants:
"15. First Land Company, Inc., as Owner or Grantor shall have the
right to subject additional tracts to the above-referenced Restrictive
Covenants, without obtaining the consent thereto of any other
Owner, by recording a Supplemental Declaration adding such
additional property."
h. Except as amended above, the Restrictive Covenants shall remain in full force and effect.
Signed this 5th day of May, 1997.
STATE OF
) PROBATE
PERSONALLY appeared before me the undersigned witness who, on oath, says that s/he saw the within named First Land Company by Ralph W. Norman, Jr., its President, and David F. Norman, its Secretary, sign the within Amendment to Restrictive Covenants, and the said Corporation, by said officers, seal said Title to Real Estate, and as its act and deed, deliver the same, and that s/he with the other witness above named witnessed the execution thereof.
Sworn to before me this 5th
day of May____, 1997.
EXHIBIT A
Description of Additional Tracts
TRACT
All those certain pieces, parcels or lots of land lying and being situate in Ebenezer Township, York County, South Carolina, being designated as Lots 1-10 and Lots 72 - 80 on a "Plat of Harlinsdale Farm Subdivision Phase II", dated November 14, 1988, prepared by Ashmark Land Surveyors, recorded in Plat Book 97, Page 80, Office of the Clerk of Court for York County, South Carolina, to which plat reference is hereby made for a more particular description of the aforementioned Lots.
TRACT 2:
All those certain pieces, parcels or lots of land lying and being situate in Ebenezer Township, York County, South Carolina, being designated as Lots 1 - 6 and Lots 9 -12 on "Plat of Harlinsdale Farm Subdivision Phase III", dated March 25, 1991, prepared by Ashmark Land Surveyors, the perimeter boundaries of which are described according to such plat by lot groupings as follows:
Lots 1 - 6:
Beginning at an existing iron pin on 50-feet right-of-way for existing road, joint comer with Lot 72, Phase II, Harlinsdale Farm Subdivision; thence N. 81-51-32 W. 245.82 feet to an existing iron pin, joint comer of Lot 51, Phase I, Harlinsdale Farm Subdivision; thence with the line of various lots in Phase I, Harlinsdale Farm Subdivision, the following courses and distances: 131.51 along the course with rear line of Lot 51 to an existing iron pin; 127.0 feet along the course with rear line of Lot 50 to an existing iron pin; 21.17 feet along that same course to an existing iron pin on the rear lot line for Lot 49; N. 28-04-45 E. 702.13 feet to an existing iron pin, comer of property of J.C. Cauthen, et al.; thence S. 82-35-00 E. 167.06 feet to an existing iron pin, comer of Lot 7, Phase III; thence in a southeasterly direction to a cul-de-sac dividing Lot 6 which is included in this description and Lot 7 which is in a future phase; thence in a counterclockwise direction around the cul-de-sac to a point on the right-of-way for the said 50- feet wide road; thence in a clockwise direction for a short distance on the neck of the cul-de-sac
to a point; thence S. 09-40-17 E. to a point, joint comer of Lot 6 and Lot 5; thence S. 09-40-17 E. 538.54 feet to a point; thence in a clockwise direction along a curve with a radius of 475.00 feet for an arc distance of 36.93 feet (chord bearing S. 07-26-38 E. 36.92 feet) to a point; thence in a clockwise direction along a curve with a radius of 475.00 feet for an arc distance of 135.00 feet (chord bearing N. 03-03-59 E. 134.55 feet) to a new iron pin; thence S. 11-04-05 W. 19.31 feet to the point of beginning.
Lots 9-11:
Beginning at a point on 50-feet right-of-way for future road, comer of Lot 11; thence N. 09-40- 17 W. 421.38 feet to a point, comer of Lot 9; thence S. 80-19-43 W. 225.00 feet to a point; thence S. 09-40-17 E. 441.38 feet to a new iron pin, comer of Lot 11 on 50-feet right-of-way for future road; thence S. 80-19-43 W. 205.00 feet to a new iron pin; thence in a counterclockwise direction along a curve at the intersection of existing 50-feet right-of-way road, and the future road to the point of beginning.
Beginning at an existing iron pin on 50-feet right-of-way for existing road, comer of Lot 73; thence N. 11-04-05 E. 14.20 feet to a new iron pin; thence in a counterclockwise direction along a curve with a radius of 525.00 feet for an arc distance of 146.64 feet (Chord bearing N. 03-03-59 E. 146.16 feet) to a new iron pin; thence in a clockwise direction along a curve with a radius of 20.00 feet for an arc distance of 29.76 feet (Chord bearing N. 37-41-48 E. 27.09 feet) to a new iron pin on 50-feet right-of-way for future road; thence N. 80-19-43 E. 120.00 feet to a new iron pin; thence S. 09-15-27 E. 213.56 feet to a point on rear line of Lot 74, Phase H; thence N. 87- 02-16 W. 180.00 feet to the point of beginning. DERIVATION: This being a portion of the identical property conveyed by Deed from Flint Realty & Construction Co., Inc., to First Land Company, Inc., recorded November 6, 1972 in Deed Book 450, Page 614, and re-recorded on December 8, 1988 in Deed Book 1065, Page 270, Office of the Clerk of Court for York County, South Carolina.
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