AGREEMENT AND
RESTRICTIVE COVENANTS RELATING TO FOREST LAKE SUBDIVISION
KNOW ALL MEN BY THESE
PRESENTS That we, the undersigned owners of property adjacent to Forest Lake of
Florence, in consideration of the mutual agreements herein made and the benefits
to be derived by us, our heirs, successors and assigns, do hereby covenant and agree
with each other that the following agreements, restrictions, and covenants shall
apply to and govern the use, sale, occupancy and development of our said properties
adjacent to and in the area of Forest Lake of Florence, as shown on a map by Ervin
Engineering Company, dated July 8, 1958, and subsequent amendments and changes to
said map.
- These covenants
are to run with the land and shall be binding on all parties and all persons claiming
under them for a period of twenty-five (25) years from the date these covenants
are recorded; after which time the said covenants and agreements shall be automatically
extended for successive periods of twenty (20) years unless an instrument signed
by a majority of the then owners of the original area herein outlined for development
has been recorded, agreeing to change the said covenants in whole or in part.
- The parties agree
that they will or may subdivide their respective properties adjacent to Forest Lake
of Florence as herein set out; that any subdivision made by them within the One
Thousand (1000) feet radius set out below shall bear the name of Forest Lake Subdivision
and no other; that a line shall be designated on the plat of the lake and adjacent
properties and which line shall not exceed Ten (10) feet from the high-water mark
of Forest Lake, and the subdivision herein authorized and agreed to shall not extend
further than One Thousand (1000) feet inland from the aforesaid line. The parties
reserve the right to build on, subdivide or sell lots or parcels from their remaining
properties, but they do hereby agree, for the protection of themselves and the Forest
Lake Subdivision, and its owners, that no use shall be made of any of the balance
of their property, as shown on the aforesaid map made by Ervin Engineering Company,
except that of farming or residential use, and that the agreements and restrictions
herein set forth shall apply to any lots, parcels or buildings erected on or sold
out of the remaining property, except that any residences built thereon shall have
a minimum of Thirteen Hundred (1300) square feet of floor area, excluding open porches
and garages. A further exception is made that the property on the highways bounding
the tracts of the parties, to wit, the Old Timmonsville Highway and the Alligator
or Old Bannockburn Road, may be used for commercial purposes to a depth of Two Hundred
(200) feet only. It is further agreed that present uses of the property other than
the area extending to One Thousand (1000) feet, as aforesaid, are excepted.
- Enforcement shall
be by proceedings at law or in equity against any person or persons violating or
attempting to violate any covenants, either to restrain violation or to recover
damages, and such proceedings may be brought by any party to this agreement, his
heirs, successors or assigns, or by any other person owning any of said property.
- Invalidation
of any of these covenants shall in no wise affect any of the other provisions which
shall remain in full force and effect.
- All lots shall
have a minimum of Twenty Thousand (20,000) square feet in area, and each lot shall
have a minimum frontage on the street or road which it faces of One Hundred (100)
feet. No lot may be subdivided further except that a residence may be placed on
one lot and a portion of another, or more than one lot taken together.
- The minimum building
setback line shall be Sixty (60) feet from the porch of each of said lots, and no
building shall be erected or placed on any lot nearer to the street line than such
minimum setback line; the minimum setback line on any side street shall be Fifteen
(15) feet, and no building or dwelling shall be erected or placed nearer the street
line than such minimum line, and the minimum setback line from any interior line
shall be Ten (10) feet.
- Once a subdivision
of the property of any of the parties has been made and platted, the layout of the
lots shown on said plat shall be adhered to, and no scheme of facing lots in any
other direction than that shown on the plat shall be permitted. The said property
shall not be further subdivided without consent of the parties hereto or their successors
and assigns. No dwelling shall be erected or placed on any lot having an area of
less than Twenty Thousand (20,000) square feet.
- The said lots
shall be used for residential purposes only. No building shall be erected, altered,
placed or permitted to remain on any lot other than one detached single family dwelling
not to exceed two and one-half stories in height, and a private garage for not more
than two cars. There shall be no garage apartments, barns, or stables allowed on
said property. No commercial buildings of any kind shall be placed on the said lots.
- The erection
of a building on any lot in said subdivision shall not be commenced unless and until
plans and specifications therefore have been approved, in writing, by the Board
of Directors of Forest Lake of Florence, Inc., or by a committee named by the Board
for such purpose. Provided, however, that unless the said Board, its agent, or such
other party having the right to do so, commences suit to enjoin the erection of
a building which has not been approved, as aforesaid, and files a lis pendens in
the Office of the Clerk of Court for Florence County in such suit, prior to the
completion of said building, then no suit may thereafter be brought by the said
Board or its agent, or any other party, to enforce compliance with this section,
or for a violation of this section.
- No residence
shall be erected on any lot facing or bordering on Forest Lake, which shall have
less than Sixteen Hundred (1600) square feet of floor area, and in all multi-story
residences, the ground floor shall be a minimum of One Thousand (1000) square feet
of area. In all remaining areas within the One Thousand (1000) feet referred to
in Paragraph 2, no residence shall contain less than Fifteen Hundred (1500) square
feet of floor area. Open porches and garages shall not be included in computing
floor space.
- No noxious or
offensive activity shall be carried on upon any lot, nor shall anything be done
thereon which may be or may become an annoyance or nuisance to the neighborhood.
All residences shall have a sewage disposal system approved by the State Board of
Health of South Carolina. No hogs, pigs, horses, cows, goats or sheep shall be stabled
or kept on any part of said property.
- No structure
of a temporary character, trailer, basement, tent, shack, garage, barn or other
outbuilding shall be used on any lot at any time as a residence either temporarily
or permanently.
- An easement is
reserved over the rear Five (5) feet of each lot for utility installation and maintenance.
- The parties further
agree to cooperate in the development of the properties herein referred to by establishing
easements, streets or rights of way for ingress and egress to the said lake, and
no subdivision shall be made or platted of any part of said lands until the proposed
plans and plat or drawing have been submitted to and approved by the Board of Directors
of the Forest Lake of Florence, Inc., or by a committee named by the said Board
for that purpose.
- This agreement
shall be binding upon the homeowners, their heirs, administrators, executors, successors
and assigns.
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