WHEREAS, the undersigned, QUAIL
VALLEY COMPANY,
a partnership, is the owner
of a tract of Land located
in the County of Lexlngton,
State of South Carolina, as
shown on a plat of "Quail Valley
Subdivision", made by
Heaner Engineering Co., Inc.,
dated April 17, 1972,and revised
July 25, 1972, a copy of said
plat being recorded in the
Office of the Clerk of Court
for Lexington County In Plat
Book 120-G at page 74 and
WHEREAS, the undersigned, Quail
Valley Company, desires
to impose certain residential
restrictive covenants upon the
lots below described in the
said tract; and
WHEREAS, the restrictions herein
below are for the
benefit of Quail Valley Company,
now, therefore,
KNOW ALL MEN BY THESE PRESENTS,
that the undersigned,
Quail Valley Company, does hereby
impose the following
conditions, restrictions
and covenants set
forth herein
below upon the following lots
shown on the aforesaid plat:
All those certain pieces, parcels
or lots of land
situated, lying and being In
Lexington County, South Carolina,
and being more particularly
shown and designated on a
plat of Quail Valley Subdivision
made by Heaner Engineering
Co., Inc., and dated
April 17, 1972, and revised
July 25, 1972, and
recorded in the Office of the
Clerk of Court for
Lexington County in Plat Book
120-G page 74 ,and
shown as the following lots:
Lots No. 1 through 12, inclusive,
Block A;
Lots No. 1 through 10, inclusive,
Block B;
Lots No. 1 through 17, inclusive,
Block C;
Lots No. 1 through 6, inclusive,
Block D;
Lots No. 1 through 12, inclusive,
Block E;
Lots No. 1 through 22, inclusive,
Block F;
Lots No. 1 through 15, inclusive,
Block H;
Lots No. 1 through 16, inclusive,
Block I;
Lots No. 1 through 18, inclusive,
Block J;
Lots No. 1 through 7, inclusive,
Block K;
Lots No. 1 through 13, inclusive,
Block L;
Lots No. 1 through 17, inclusive,
Block M;
Lots No. 1 through 13, inclusive,
Block N;
Lots No. 1 through 7, inclusive,
Block O;
Lots No. 1 through 16, inclusive,
Block P;
Lots No. 1 through 15, inclusive,
Block Q;
Lots No. 1 through 15, inclusive,
Block R;
Lots No.1 through 15, inclusive,
Block Q;
Lots No. 1 through 15, inclusive1
Block P;
having such boundaries and measurements
as shown
on said plat.
The conditions and restrictions
imposed on the aforesaid lots
are as follows:
1. Residential Use of Property.
All lots of land as shown on
the plat shall be known
and described as residential
property and shall be used
for residential purposes only,
except as set forth in Paragraphs
10, 14 and 15.
2. Building Construction.
Not more than one single-family
dwelling shall be erected
on any one lot. This does not
prevent the erection of a one or
two car garage, or other utility
buildings of similar structure
to the residence, the plans
and specifications for which must
be submitted for approval before
construction to Quail Valley Company
or a duly designated representative,
as referred to in Paragraph 4
hereinbelow.
3. Setback.
No building shall be located
on any lot nearer to the front
lot line than the setback lines
shown on a plat of Quail Valley
Subdivision by Heaner Engineering
Co., Inc., dated April 17, 1972,
and revised July 25, 1972, and
being recorded in the Office of the
Clerk of Court for Lexington
County in Plat Book 120-G at page 74.
No building shall be located
nearer than ten (10) feet to any interior
lot line. For the purposes of
this covenant, eaves and steps
shall not be considered as part
of a dwelling, provided this
shall not be construed to permit
any portion of a dwelling or
building upon one lot to encroach
upon another lot. Unintentional
deviations from this restriction
of not more than ten (10%)
per cent shall not constitute
a violation.
4. Architectural Controls.
No building, fence, wall or
other structure shall be commenced,
erected or maintained on any
lot covered by these restrictions
nor shall any exterior addition
to or change or alteration therein
be made until the plans and
specifications showing the nature,
kind, shape, height, materials
and location
of the same have been submitted
to and approved in writing by
Quail Valley Company or a duly
designated representative. Such
approval shall be determined
by consideration of the workmanship,
materials, harmony of exterior
design with existing structures,
and location with respect to
topography and grade. PROVIDED,
HOWEVER, that if approval or
disapproval is not given within
thirty days after plans and
specifications are submitted, or
no suit to enjoin construction
is commenced prior to substantial
completion thereof, it shall
be presumed that the party has
fully complied with this restriction.
5. Offensive Activities.
No noxious or offensive activity
shall be carried on
upon any lot, nor shall anything
be done thereon which
may be or become an annoyance
or nuisance to the community.
No hogs, goats, poultry, cows,
or horses which shall constitute
a nuisance or cause unsanitary
conditions, or any undesirable
situation to any neighboring
property, shall be maintained on
any lot.
6. Fences, Walls and Signs
No front fences, copings, retaining
wails, or billboards
shall be erected or maintained
on any of the said lots without
first obtaining the written
consent of Quail ValLey Company.
7. Temporary Structures.
No trailer, basement, tent,
shack, garage, barn or other
outbuilding erected in the tract
shall at any time be used as
a residence temporarily or permanently,
nor shall any residence
of a temporary character be
permitted.
8. Easements.(origional)
Easements for installation and
maintenance of utilities
and drainage facilities are
reserved over seven (7) feet
of each side line of each lot
and over the rear ten (10)
feet of each lot. Within these
easements no structure,
planting or other material
shall be placed or permitted
to remain which may damage or
interfere with the installation
and maintenance of utilities.
The easement area of each lot
and all improvements in it shall
be maintained continuously
by the owner of the lot, except
for these improvements for
which a public authority or
utility company is responsible.
8. Easements.(ammended Januay 26th, 1976)
Easement for installation and
maintenance of utilities are
reserved over seven (7) feet
of each side line of each lot
and over the rear ten (10) feet
of each lot. Easements for
installation and maintenance
of drainage and sewerage are
also reserved, being approximately
ten (10) feet in width
on either side of the centerline.
Within these easements
no structure, planting or other
material shall be placed
or permitted to remain which
may damage or interfere with
the installation and maintenance
of utilities. The easement
area of each lot and all improvements
in it shall be maintained
continuously by the owner of
the lot, except for those
improvements for which a public
authority or utility
company is responsible.
This amendment shall apply to
the following lots:
Block E - Lot 12
Block F - Lots 13, 16 and 17
Block L - Lot 6
Block M- Lots 8, 13 and 14
Block Q- Lot 14
Block R - Lots 5, 6, 7 and 8
9. Dwelling Size.(origional)
No dwelling erected on any lot
in said subdivision shall have
a ground floor area of less
than one thousand eight hundred
fifty (1,850) square feet, exclusive
of open porches, garages,
and carports.
9. Dwelling Size.(ammended April 2nd, 1976 – Phase III)
No dwelling erected on any lot
except lots 1-14 BB and
16 BB in said subdivision shall
have a ground floor area of
less than one thousand eight
hundred fifty (1,850) square feet,
exclusive of open porches, garages
and carports.
Dwellings erected on lots 1-14
BB and 16BB shall have a
ground floor area of not less
than two thousand two hundred
(2,200) square feet, exclusive
of open porches, garages and carports.
10. Other Permitted Uses.
The property designed for residential
purposes may be used
for parks, recreational, educational
or religious uses as
approved by Quail Valley Company.
11. Unsightly Materials.
No litter or other material of
an unsightly nature, not
natural to a well-kept and sightly
neighborhood, will be
retained or allowed to remain
on any of the said lots. If
such litter or other material
is found on any of the said
lots, the same will be removed
by the lot owner, at the lot
owner's expense, upon written
request of Quail Valley Company.
Upon the failure of the said
lot owner to remove such litter
or other material within thirty
(30) days after written notice
has been given, Quail Valley
Company shall have the right to
remove said litter or other
material and the expense of such
removal shall be paid by the
said lot owner.
12. Places of Business.
Quail Valley Company reserves
the right to construct and maintain
demonstrator houses and a sales
office in said subdivision.
13. Changes to streets and lots.
Quail Valley Company does hereby
reserve unto itself, its
successors or assigns, the right
to relocate, open or close
streets shown on said plat,
and to revise, resubdivide and
change the size, shape, dimenions
and location of lots in
said subdivision, and upon such
relocation, opening or closing
of street, or revision, resubdivision,
or changing of size,
shape, dimensions and location
of lots, the covenantsg conditions,
restrictions and reservations
hereby imposed shall be applicable
to the resulting lots in lieu
of the lots originally shown on
said plat prior to such revisions,
relocation or change;
PROVIDED, HOWEVER, no lot sold
prior to such revision, relocation
or change shall be deprived
of that portion of the street or
streets on which it bounds,
nor of access to such lot from the
streets in said subdivision;
PROVIDED, HOWEVER, that in any
subdivision, no lot shall have
an area less than the smallest
lot now shown on said plat.
14. Right to modify.
The provisions contained in paragraph
three (3) herein shall
be construed to be for the benefit
of the said Quail Valley Company
who reserves the right to modify
same at will so long as said modifications
are approved by Quail Valley
Company.
15. Amendment process and period of coverage.
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 said covenants
shall be automatically extended
for successive periods of ten
(10) years unless an instrument signed
by two-thIrds (2/3) of the then
owners of the lots has been recorded,
agreeing to a change in sad
covenants either in whole or in part.
16. Enforcement
Enforcement shall be by proceedings
at law or in equity against
any person or persons violating
or attempting to violate any
covenant either restrain violation
or to recover damages; action
may be brought by Quail Valley
Company or a property owner
in the area.
17. Invalidation.
Invalidation of any one of these
covenants by Judgment or court
order shall in no wise affect
any of the other provisions which
shall remain in full force and
effect.
IN WITNESS WHEREOF, QUAIL VALLEY
COMPANY has caused these
presents to be executed in its
name by Robert R. Russell Jr.
this 20th day of September ,
1972
Signed, Sealed & Delivered
In the Presence Of: QUAIL VALLEY
COMPANY( SEAL)
Linda B. Wilkins By:
Robert R. Russell Jr. Partner
Robert E. Staton
STATE OF SOUTH CAROLINA )
)
COUNTY OF RICHLAND
)
PERSONALLY APPEARED before me
Robert E. Staton, who,
belng duly sworn, deposes and
says that he saw the within
Quail Valley Company by Robert
R. Russell, Jr., Partner,
sign and seal the within Quail
Valley Restrictions for the
uses and purposes herein mentioned
and that he with Linda
B. WiLkins witnessed the execution
thereof.
SWORN TO BEFORE ME THIS )
20th day of September, 1972.
)
Nancy H. Wilson(L.S.) )
Robert E. Staton
Notary public for South Carolina
)
My Commission Expires: 3-27-82
)
22nd September 72, 11:17 A.M.
AMENDMENTS – PHASES 1 and 2 --- January 26th 1976
STATE OF SOUTH CAROLINA )
AMENDMENT TO RESTRICTIONS OF
COUNTY OF LEXINGTON )
QUAIL VALLEY, PHASES I AND II
WHEREAS, the undersigned, QUAIL
VALLEY COMPANY, a partnership,
the owner of a tract of land
located in the County of Lexington,
State of South Carolina, as
shown on a plat "Quail Valley Subdivision,
Phases I and II", made by Heaner
Engineering Co., Inc., dated
April 17, 1972, and revised
July 25, 1972, a copy of said plat
being recorded In the Office
of the Register of Mesne Conveyances
for Lexington County in Plat
Book 120-G at Page 74.
WHEREAS, the undersigned, QUAIL
VALLEY COMPANY, previously
imposed certain restrictions
on the property, said restrictions
being recorded on September
22, 1972, in Deed Book 22-B at Page 46.
WHEREAS, the undersigned now
desires to modify certain portions of
said restrictions, now therefore,
KNOW ALL MEN BY THESE PRESENTS,
that the undersigned hereby modifies
paragraph 8 of said restrictions
and paragraph 8 shall now read as
follows:
8.EASEMENTS.
Easement for installation and
maintenance of utilities are reserved
over seven (7) feet of each
side line of each lot and over the rear
ten (10) feet of each lot. Easements
for installation and maintenance
of drainage and sewerage are
also reserved, being approximately ten (10)
feet in width on either side
of the centerline. Within these easements
no structure, planting or other
material shall be placed or permitted
to remain which may damage or
interfere with the installation and
maintenance of utilities. The
easement area of each lot and all
improvements in it shall be
maintained continuously by the owner
of the lot, except for those
improvements for which a public authority
or utility company is responsible.
This amendment shall apply to
the following lots:
Block E - Lot 12
Block F - Lots 13, 16 and 17
Block L - Lot 6
Block M- Lots 8, 13 and 14
Block Q- Lot 14
Block R - Lots 5, 6, 7 and 8
IN WITNESS WHEREOF, QUAIL VALLEY
COMPANY has caused these presents
to be executed in its name by
Robert R. Russell, Jr. , Partner,
this 26th day of January , 1976.
SIGNED, SEALED & DELIVERED
IN THE PRESENCE OF:
Patricia L. Painter
QUAIL VALLEY COMPANY
Glenda D. Derrick
BY: Robert R. Russel Jr.
STATE OF SOUTH CAROLINA
COUNTY OF RICHLAND
PERSONALLY APPEARED before me
Patricia L. Painter who, being
duly sworn, deposes and says
that s/he saw the within
Quail Valley Company by Robert
R. Russell, Jr. Partner, sign and
seal the within Amendment to
Restrictions of Quail Valley,
Phases I and II for the uses
and purposes therein mentioned
and that s/he with Glenda D.
Derrick witnessed the execution thereof.
SWORN TO BEFORE ME THIS 26th
)
day of January , 1976. )
Pratricia L. Painter
Glenda D. Derrick(L.S.)
Notary Public For South Carolina
My Commission Expires:5-13-84
)
Recorded this 30th
day of January, 1976, 4:01 P.M.
STATE OF SOUTH CAROLINA
)
) AMENDMENT TO RESTRICTIONS FOR
COUNTY OF LEXINGTON
) QUAIL VALLEY PHASE III
WHEREAS, the undersigned, QUAIL
VALLEY COMPANY, a partnership,
is the owner of a tract of and
located in the County of Lexington,
State of South Carolina, as
shown on a plat of "Quail Valley
Subdivision Phase III", made
by B. P. Barber & Associates, Inc.,
dated March 1, 1976, a copy
of said plat being recorded in the
Office of the Clerk of Court
for Lexington County in Plat Book
149-G at pages 138 and 139 and
WHEREAS, the undersigned, QUAIL
VALLEY COMPANY, previous imposed
certain restrictions on Phase
III, said restrictions being recorded
March 15, 1976 in Deed Book
121 at page 118.
WHEREAS, the undersigned now
desires to modify certain portions of
said restrictlon6, now therefore,
KNOW ALL MEN BY THESE PRESENTS,
that the undersigned hereby
paragraph 9 of said restrictions
and paragraph 9 shall now read as
follows:
9. Dwelling Size.
No dwelling erected on any lot
except lots 1-14 BB and 16 BB
in said subdivision shall have
a ground floor area of less
than one thousand eight hundred
fifty (1,850) square feet, exclusive
of open porches, garages
and carports. Dwellings erected
on lots 1-14 BB and 16BB shall
have a ground floor area of
not less than two thousand two hundred
(2,200) square feet, exclusive
of open porches, garages and carports.
IN WITNESS WHEREOF, QUAIL VALLEY
COMPANY has caused these presents
to be executed In Its name by
Robert R. Russell, Jr., Partner,
this 2nd day of April , 1976.
Signed, Sealed & Delivered
In the Presence Of:
QUAIL VALLEY COMPANY (SEAL)
Patricia L. Painter
Robert R. Russell Jr.
W. Edward Billings