Fox Run Plantation

Fox Run Plantation Covenant Restrictions

Restrictive Covenants

*Not to be used for legal purposes. We do not guarantee that this is a complete set as recorded at the Orangeburg County Court House.


STATE OF SOUTH CAROLINA AMENDED DECLARATION OF RESTRICIVE
COVENANTS FOR FOX RUN PLANTATION
COUNTY OF ORANGEBURG SUBDIVISION AND FOX RUN PLANTATION
SUBDIVISION PHASE II


WHEREAS, John Lombardi, Jr. and Gwendolyn Hughes Lombardi, have previously, under a Declaration of Restrictive Covenants for Fox Run Plantation Subdivision, a residential subdivision located in Orangeburg County, South Carolina, imposed those certain restrictions more fully described in that certain Declaration of Restrictive Covenants dated May 22, 1990, and recorded in the office of the Orangeburg County RMC in Deed Book 559 at page 945; and

WHEREAS, in the Declaration of Restrictive Covenants, the then owners reserved in paragraph 5 the right to convert lots or portions thereof into roadways and in paragraph 21 the right to change in whole or in part any restrictive covenants and these reservations continue herein in the following language:

5. Reserved Areas. The Developer specifically reserves the right to convert any lot, lots or portions thereof into roadways, streets, easements, and recreational areas in the event that any existing roadway, street, easement, and recreation area may need to be extended or expanded; said right shall be specifically waived as to any lot if said lot is sold for a residential lot.

21. Changes and Alterations. The Developer, its heirs, successors, or assigns, reserves the right to release in whole or in part any restriction or reservations hereunder. The Developer, its heirs, successors, or assigns, further reserve the right to include in any contract or deed hereafter made any additional restrictive covenants not inconsistent with these herein contained. Nothing herein contained, however, shall allow Developer, it heirs, successors, or assigns, to change the use of the property from single-family residential use only.

WHEREAS, Gwendolyn Hughes Lombardi is now the successor developer and owner of the development known as Fox Run Plantation Subdivision, in an effort to make more uniform and serviceable to the property owners in the area, subject to the aforesaid restrictive covenants set forth, do now make, publish, and ordain the following to be the restrictive covenants applicable to the development known as Fox Run Plantation Subdivision insofar as lies within her power to do so, modifying and changing the covenants formerly applicable to Fox Run Plantation Subdivision;

(Recorded in Deed Book 575 pg 0423)



NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS that Gwendolyn Hughes Lombardi, hereafter referred to as the Developer, makes the following declarations as the conditions, limitations, reservations, and covenants governing the use of the property which is more fully describe as Lots 3, 4, 5, 6, 7, 8, 9, 10, and Lots 15 through Lot 109 – Phase I; Lot 1-Rev., Lot 2-Rev., Lot 11-Rev., Lot 12-Rev, and Lot 14-Rev. – Phase II; being set forth and shown on a plat of Fox Run Plantation by Edisto Surveyors, Inc.., dated October 29, 1991, revised October 30, 1991, and October 31, 1991, and recorded in the office of the Orangeburg County RMC in Plat Book 69L at page 193. Said plat is incorporated herein by reference.

1. Approval of Plans. No structure of any nature shall be erected, placed, altered, or permitted to remain upon a lot within said subdivision until the building plans, including elevation, specification of materials, specification of exterior finish, specification of construction methods, site plan showing the location of the building, and landscaping plans have been approved in writing by the developer, as to conformity and harmony of exterior finishes, colors, design, appeal, and general quality, with the existing standards of the neighborhood, and as to location of the building with respect to topography and finish ground elevation, which approval shall be in the sole discretion of the Developer. Said plans, specifications, landscaping, and plot plans will be submitted in duplicate to the developer and, when approved, will be noted on one copy of said plans, which copy shall be returned to the individual lot owner indicating approval. If the Developer fails to approve or disapprove such plans and specifications within sixty (60) days have been submitted to it, the developer shall be deemed to have approved said plans and specifications. After final plans and specification have been approved by the Developer, no changes may be made to said plans and specification without the written consent of said developer.

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

3. Structure Size. Each main residence erected in this subdivision shall contain at least the amount of heated, enclosed square footage of floor space as set forth herein below. Heated

(Recorded in Deed Book 575 pg 0424)

floor space includes only that enclosed area under the main roof and does not include porches, garages, terraces, and patios:

Not less than 1,350 square feet as to Lots 5, 6, 7, 8; Lots 26, 27, 28, 29, 37, 38, 39, 40, 44 through Lot 109 (inclusive) of Phase I;

Not less than 1,450 square feet as to Lots 3, 4, 9, 10, 24, 25, 30, 31, 35, 36, 41, 42, 43 of Phase I;

Not less than 1,650 square feet as to Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 32, 33, 34 of Phase I, and Lots 1-Rev., 2-Rev., 11-Rev., 12-Rev., and 14-Rev. of Phase II;

E. Not less than 1,850 square feet as to Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 of Phase II.

4. Single Family Residential Use. Each lot is to be used for residential purposes only, and with only one residence, which shall be a single-family, private dwelling house. Each residence shall face in conformity with the plats and surveys prepared by Edisto Surveyors, Inc. cited above, and shall be located with in the setbacks designated on such plats. In the event that one ownership covers more than one lot and a single unit is to be built thereon, then the sideline set back shall be along the outside line of the property so owner provided, however, said building is not confined with in the boundaries of one lot.

5. RESERVED AREAS. The Developer specifically reserves the right to convert any lot, lots or portions thereof into roadways, streets, easements, and recreational areas in the event that any existing roadway, street, easement, and recreational area may need to be extended or expanded; said right shall be specifically waived as to any lot if said lot is sold for a residential lot.

6. BUILDING LOCATIONS. All residences shall be located to face the front of said lot. However, residences on lots at the intersection of two streets may face either street or some angle between the two streets may face either street or some angle between the two intersecting streets. No residence or other building shall be placed nearer than fifty (50) feet to the street right of way on which said residence and/or building shall face or nearer then twenty-five (25) feet to any side street, or nearer than twenty-five (25) feet to the rear lot line, or nearer than ten (10) feet to any interior lot line. For purposes of this covenant, eaves and steps shall be considered part of the building. Further, in no way shall any portion of any building encroach upon another lot. The set-back provisions herein prescribed may be modified or altered by the Developer, its successors or assigns, wherever its sole discretion the topography or configuration of any lot

(Recorded in Deed Book 575 pg 0425)

requires it. The prospective site plans showing placement shall be provided to Developer for approval.

7. CONSTRUCTION COMPLETION. When the construction of any structure is once begun, work thereon must be completed within one (1) year of the beginning date.

8. FENCES. No site fencing is to extend past the midpoint of the main dwelling to the forward portion of the lot. Fences on the corner lots are not to be placed so as to extend to street side. All fences must be approved by Developer prior to construction, which approval shall be in the sole discretion of the Developer.

9. GARAGES AND OUTBUILDINGS. No garage or outbuilding shall be used for residential purposes. All garages and outbuildings shall be constructed in conformity with the residential building, having identical exterior materials.

10. DRIVEWAY. Each lot shall have a paved driveway extending from the right of way of the street upon which the house faces to the garage, or if no garage exists, then to a location to the left or right of the main dwelling extending at least to the midpoint of the chosen side of the main dwelling.

11. DRAINAGE. No owner shall do or permit any work, construct any improvements, place any landscaping, or suffer the existence of any condition whatsoever which shall alter or interfere with the drainage pattern of the property, except to the extent such alteration and drainage pattern is approved in writing by the developer, and except for rights reserved to Developer, to alter or change the drainage patterns.

12. ANIMALS AND PETS. No animals, livestock, or poultry of any kind may be raised, bred, kept, or permitted on any lot, with the exception of dogs, cats, or other usual and common household pets, but not more than a total of two (2). Kennels or female breeding animals are specifically prohibited.

13. VEHICLES. No maintenance or repairs shall be performed on any vehicle upon any portion of the property unless performed in garage, except in an emergency situation. No unregistered vehicles, campers, motor homes, trailers, boats, equipment, or other vehicles shall be parked or stored on said lots unless placed so as to not be visible from the street on which the dwelling fronts.

14. NUISANCE. It shall be the responsibility of each owner to prevent the development of any unclean, unhealthy, unsightly, or unkept condition on his or her lot. No lot shall be used in whole or in part, for the storage of any property or thing that will cause such lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing,

(Recorded in Deed Book 575 pg 0426)

or material be kept upon any lot that will emit foul or obnoxious odors or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the property.

This provision shall be strictly construed so as to preserve the character and dignity of the subdivision.

15. PROPERTY MAINTENANCE. It shall be incumbent upon the owners of all lots to keep their grounds in a reasonably good condition and to keep grass, weeds, or underbrush cut there from in a reasonable manner and free of debris, to the end that the lot or lots shall not become unsightly or degrading to the surrounding area or neighborhood. Upon the failure of any owner to so maintain his lot, Developer, through its authorized agents, or it’s successors or assigns, may, after ten (10) days written notice to such owner, enter upon such lot, have the grass, weeds or other vegetation cut and as often as the same is necessary in its judgment, and may have dead trees and plants removed there from at the expense of the owner. Such owner shall be personally liable to Developer for the cost of cutting, clearing and maintenance described above.

16. SIGNS. No signs of any character shall be exhibited or displayed on any lot, improved or unimproved, with out the written consent of Developer other than street numbers or name of owner or occupant and signs which may be used in sales of the property. Signs to sell the property shall be no larger than two (2’) feet by three (3’) feet.

17. PLANNING AND CARE. Owners of improved lots will maintain the exterior of the improvements and keep their lawns and shrubbery in a good condition. All garbage cans must be concealed from view of the street and adjoining property. All clothes drying areas shall be concealed from the street by landscaping and as much as possible from the sidelines.

18. SANITARY CONDITIONS. All septic tanks, drain fields and wells shall be installed so as to conform with regulations of the State Board of Health upon provision by Developer or Public Utility Department for sewerage service. It shall be mandatory that each lot owner utilize the sewerage service if so made available.

19. SWIMMING POOLS. No swimming pools shall be permitted nearer than ten (10) feet from any property line and shall not project

(Recorded in Deed Book 575 pg 0427)

with coping more than two (2) feet above the established grade of the premises. Further, all pools shall be completely enclosed with perimeter fencing either around pool decking or in a fenced rear yard. No pool shall be approved for front yard.

20. GENERAL BUILDING REQUIREMENTS. The use of satellite dishes is prohibited. No window air conditioning units shall be permitted without the prior approval of Developer. Developer must approve location of all exterior radio and telephone antennas and aerials. No structure of a temporary nature, including but not limited to house trailer, tent, shack, garage, or other outbuilding, shall be used on any lot at any time as a residence, whether temporarily or permanently.

21. CHANGES AND ALTERATIONS. The Developer, its heirs, successors, or assigns, reserves the right to modify, amend and/or release in whole or in part any restrictions or reservations hereunder. The Developer, it’s heirs, successors, or assigns, further reserves the right to include in any contract or deed hereafter made any additional restrictive covenants not inconsistent with these herein contained. Nothing herein contained, however, shall allow Developer, its heirs, successors, or assigns to change the use of the property from single-family residential use only.

22. VIOLATION OF RESTRICTIONS. The Developer shall not be held liable for failure to enforce to enforce any part of these restrictions, but any purchaser of property herein shall have the right and privilege to enforce same according to law.

23. 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 describe plat(s). in addition a perpetual easement is reserved by the Developer, its successors and assigns, in, on, and over ten (10) feet along each side line of each lot and over the front and rear ten (10) feet of each lot for utility installation, 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 the 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, la out anew, or discontinue any street, avenue, or way shown on the plat of development not necessary for the ingress and egress to and from an owner’s premises.

24. COMPLIANCE WITH RESTRICTIONS. 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 subdivision, or any of them, jointly or severally, or the Developer, shall have the right to

(Recorded in Deed Book 575 pg 0428)

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 shall have the right, whenever there hall have been built on any lot in the subdivision any structure which is in violation of these restrictions or which where such violation exists and summarily abate or remove the same at the expense of the owner if, after thirty (30) days written of such violation, it shall be entitled to recover reasonable attorney fees as part of such action. Any such injury and the abatement 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 or subsequent thereto and shall not bar or effect its enforcement.

25. SEVERABILITY. The invalidation by any court of any restriction in this Declaration of Restrictions, or any part of any restriction, shall in no way affect any of the other restrictions or the remaining portion of any restrictions which may be in part invalid, but they shall remain in full force an effect.

26. SUCCESSORS. This Declaration shall be binding upon an inure to the benefit of the heirs, successors and assigns of the Developer and all persons or entitles claiming under it.

27. TRANSFER OF RIGHTS AND 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 the Developer herein.

28 VALIDITY. The breach of any of the foregoing covenants, conditions, reservations or restrictions, or an re-entry by reason 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 effective against any such mortgage or trustee or owner thereof, whose title thereto or whose grantor’s title is or was acquired by foreclosure, trustee sale, or otherwise.

(Recorded in Deed Book 575 pg 0429)
29. DURATION. All covenants, conditions, reservations, and restrictions provide 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, for a period of twenty-one (21) years from the date of this agreement, 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 (10) years periods, unless on or before the end of one of such extension periods or the base period, the owners of a two-thirds (2/3) majority of the lots in the subdivision shall by written instrument dully record declare a termination or amendment 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 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.

(Recorded in Deed Book 575 pg 0430)