February 2004

Declaration of Restrictions

King’s Grant on the Ashley

INTRODUCTION: The original sets of restrictions governing development of this subdivision were filed with the Office of the Clerk of Court for Dorchester County during 1970 through 1973. An additional set modifying the relationship between lot owners and the Country Club was filed in 1975 and 1976. Since 1983, over 51% of the lot owners have given written approval to a series of changes in the original restrictions. These changes were filed in 1984, 1985, 1986, 1996, 2001 and 2003.

In the Restrictions, King’s Grant is subdivided into three sections:

· Section One - lots bounding Seven Oaks Lane and to the North

· Patio Houses - lots on Kings and Queens Courts and Lancer Drive

· Section Two - lots bounding Country Club Lane and to the South.

The Restrictions govern all property within King’s Grant except:

· The Country Club property (except for specific circumstances)

· The townhouse developments between Country Club and Seven Oaks Lanes

· The real estate office at the corner of Seven Oaks and Dorchester Road

The Restrictions for the three sections vary only with respect to portions of Setbacks, Area Requirements, and Easements; therefore, we will present the restrictions for Section Two, indicating the slight differences in parentheses. We will omit only the descriptions of property and the opening and closing legal format statements.

The Declaration of Restrictions, which is a legal part of your deed, should have been furnished to you by your realtor and or closing attorney; however, we have found most of these professionals delinquent in this respect. Accordingly, we have included this extract for your convenience and guidance. The basic purpose of these provisions is to protect the property values within King’s Grant. Please read and comply with these laws.

SECTION I

Restrictions

1. Description of Property. (omitted - see individual homeowner’s deed) All of the property as legally deeded to the King’s Grant Homeowners’ Association by the Developer herein shall remain intact for the private enjoyment of the residents of King’s Grant on the Ashley and shall not be subdivided or sold for profit.

2. Residential Use of Property. All lots shall be used for residential purposes only and no structure shall be erected, placed, altered or permitted to remain on any lot other than one single-family dwelling not more than two and one-half stories in height and any accessory structures customarily incidental to the residential use of such lots. No trade, business, distribution point of any kind, nor the practice of any profession shall be permitted on any lot except for home occupations as described by the following:

Home Occupations. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not alter the exterior or otherwise change the character thereof. The home occupation shall not impact the local community conditions such as, but not limited to, increase in noise, increased traffic, and/or create any visual pollution such as outdoor storage or signs, and, further, shall comply with all applicable Dorchester County Ordinances.

3. Setbacks and Building Lines. No building shall be located on any lot nearer to the front lot line than thirty (30) feet, or nearer to a side street line than twenty (20) feet. On corner lots, the front lot line shall be the shorter of the two property lines along the intersecting streets. Setback provisions herein prescribed may be altered by the subdivider whenever, in its sole discretion, the topography or the configuration of any lot in said subdivision will so require. (Patio Houses: No minimum setback.) The following additional provisions concerning setbacks shall apply:

(a) No building shall be located nearer than fifty (50) feet to the bank line of the King’s Grant canal, reservoir or property line of the golf course within King’s Grant. (Section One - or fifty (50) feet to the bank lines of the Ashley River or Eagle Creek.)

(b) Flexibility. The minimum setbacks are not intended to engender uniformity of setbacks. They are meant to avoid overcrowding. It is the King’s Grant Homeowners’ Association’s intent that setbacks shall be staggered where appropriate so as to preserve important trees and assure vistas of water and open areas. King’s Grant Homeowners’ Association reserves the right to select the precise site and location of each house or other structure on each lot and to arrange the same in such manner and for such reasons as King’s Grant Homeowners’ Association shall deem sufficient; provided, however, King’s Grant Homeowners’ Association shall make such determination after considering Owner’s recommendation as shown on Owner’s site plan; and provided, further, in the event Board fails to notify Owner of King’s Grant Homeowners’ Association’s site plan recommendation, Owner’s site plan recommendation shall be binding on King’s Grant Homeowner’s Association.

(c) Swimming Pools. Swimming pools shall not be nearer than six (6) feet to any lot line and must be located to the rear of the main dwelling and shall not project with their coping more than two (2) feet above the established lot grade.

(d) Walls and fences. Boundary walls may be erected and hedges grown, but no higher than three (3) feet in that area of the subject lot from the street right-of-way to the nearest point of the main residence closest to such right-of-way. No fence of any type shall be permitted between the street right-of-way and the nearest point of the main residence closest to such right-of-way except for fences on corner lots adjacent to Dorchester Road. Fences, boundary walls and hedges shall not exceed six (6) feet in height from the finished grade of the fence sought to be constructed. No elevation changes shall be permitted which materially affect surface grade of surrounding lots. Any property owner whose rear property line or such lot line parallels or borders on Dorchester Road and who desires to erect a new or replacement fence must erect a privacy fence of unpainted wood construction, six (6) feet in height.

(e) Minor Deviations. Any deviation from the building line requirements set forth herein, not in excess of 10% thereof, shall not be construed to be a violation of said building line requirements. Setback provisions herein prescribed may be altered by the Association whenever in its sole discretion the topography or configuration of any lot in said subdivision will so require.

(f) Subdivision of lots. No lots (as shown on said Plat) shall be subdivided or combined to form one single building lot without the express written permission of the King’s Grant Homeowners’ Association. In such event, the building line requirements provided herein shall apply to such lots as re-subdivided or combined.

(g) Corner Lots. The “front line” of any corner lot shall be the shorter of the two property lines along the two streets.

(h) Porches, Eaves and Detached Garages. For the purpose of determining compliance and non-compliance with the foregoing building line requirements, porches, terraces, stoops, eaves, wing-walls, and steps extending beyond the outside wall of a structure shall not be considered as a part of the structure. The location of such structures shall be approved by the King’s Grant Homeowners’ Association, but no side yard shall be required for any detached garage or accessory acceptable to King’s Grant Homeowners’ Association or the Architectural Committee as provided by Paragraph 5, Section 1, of these covenants.

4. Approval of Plans. No construction, reconstruction, remodeling, alteration or addition to any structure, building, fence, wall, driveway or improvement of any nature which is visible from the outside of the structure, shall be constructed without obtaining the prior written approval of the Board of Governors of the King’s Grant Homeowners’ Association or its Architectural Review Committee, as to location, plans and specifications. As a prerequisite to consideration for approval and prior to beginning the contemplated work, two complete sets of building plans and specifications must be submitted. The Board of Governors or its Architectural Review Committee shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations. Upon giving authority, construction shall be started and prosecuted to completion promptly and in strict conformity with such plans. The approving authority shall be entitled to stop any construction in violation of these restrictions or not complying with the approved plans and specifications. Approvals must be in writing with the signatures of two persons on the Architectural Review Committee. Members are encouraged to keep their properties in good repair. Repair/replacement with same appearance material does not require Architectural Review Committee approval.

5. Architectural Review. The authority for the review and approval of plans as set out in 4 above is hereby vested with the Board of Governors of the King’s Grant Homeowners’ Association, Inc. or such Architectural Review Committee as shall be appointed by the Board. Such committee shall be composed of not less than three nor more than seven members, all of whom shall be owners of property subject to these restrictions.

6. Dwelling Building and Area Requirements. The living areas of the main structure, exclusive of open porches, garages, carports and breezeways, shall be not less than 2,000 square feet for lots bordering on any canal, reservoir or the property line of the golf course within King’s Grant. (Section one - Ashley River or Eagle Creek.) On all other lots, the minimum living area, exclusive of open porches, garages, carports and breezeways, shall be not less than 1,400 square feet (Patio Houses - 1,200 square feet.)

7. Obstructions to View at Intersections and Delivery Receptacles.

(a) The lower branches of trees or other vegetation in sight line approaches to any street or street intersections shall not be permitted to obstruct the view of the same.

(b) All mailbox posts will meet the standard mailbox post design as approved by the Homeowners’ Board of Governors and will be kept in good repair. When necessary to replace them, style and color guides are available from the current Restrictions or Architectural Chairperson. All mailboxes shall be firmly attached to the post and shall be well maintained. Mailbox posts that fall into disrepair must be promptly replaced by the homeowner using an approved style. Mailboxes shall meet the standard required by the U.S. Post Office and be firmly attached to the post. Newspaper receptacles are permissible and shall be firmly attached and kept in good repair.

8. Use of Outbuildings and Similar Structures. No structure of a temporary nature, such as prefabricated metal storage buildings, shall be erected or placed on any lot. Wooden or masonry storage buildings or precut wooden buildings are acceptable. All such buildings shall be approved by the Architectural Review Committee prior to being placed on any lot. Metal roofs on such buildings are prohibited. Metal, lawn or storage buildings existing on any lot as of the date of this instrument1111[i] shall be allowed to remain in place as long as they are completely screened by a wood, masonry or flora fence.

9. Livestock. No animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot, except household pets (in reasonable numbers) of the owners or occupants of the dwelling house thereon.

10. Sign Boards. No sign boards of any description shall be displayed on any lot with the exception of conventional real estate “For Sale” and “For Rent”, “Garage Sale” or security system signs. No billboards, political or advertising signs shall be permitted.

11. Aesthetics, Nature growth, Screening, Underground Utility Service.

(a) Trees shall not be intentionally destroyed or removed without the written approval of the Board of Governors of the King’s Grant Homeowners’ Association. Exceptions to this restriction are diseased, dead or lightning-struck trees or those trees that constitute a threat or hazard to a residence or community or such trees as are necessary to facilitate approved construction. The intent of this Restriction is to encourage the protection and replacement of trees consistent with the economic and healthful enjoyment of private property and common areas with the subdivision. The intent is not punitive or to cause hardship to any individual who uses every care and diligence to protect trees within the subdivision. Violation of the Restriction by failure to comply with requirements may be subject to a monetary assessment of $100.00 per infraction or such violator may be required to replace a like tree within the property or common area as required by the King’s Grant Homeowners’ Association. Requests for tree removal are to be submitted to the Restrictions Committee for approval. Downed or fallen trees should be removed promptly and stumps ground down. In addition to Association approval, Dorchester County written approval is required for removal of trees per County ordinances.

(b) Garbage cans, equipment, coolers, wood piles or storage piles shall be screened to conceal them from fiew of neighboring lots, roads, streets, the waterfront or open areas. Grills and/or other similar barbecue devices shall be stored so as not to be visible from the front lot line of the subject residence.

(c) All residential utility service and lines to residences shall be underground. All fuel tanks must be buried or walled from view as aforesaid. Plans for all screens, walls and enclosures must be approved by the Architectural Review Committee prior to construction.

(d) No automobile, truck, motorcycle or other vehicle will be allowed to park on the lawn or yard area of any property in King’s Grant. The only area where parking is allowed is the driveway or paved areas designated as appropriate by the Board of Governors.

(e). Sports equipment: All movable sports equipment including, but not limited to, soccer/hockey nets and wading pools must be stored to the rear of homeowner property when not in actual use.

12. Antenna. No radio or television transmitting or receiving towers, dishes or antenna of any kind shall be erected within the restricted property which are visible from any street except for DSS or miniature satellite dishes under one meter in diameter as allowed under FCC regulation. Residents are urged to place the antenna on the property in the least visible manner possible. Any other type of proposed tower, dish or antennae visible from neighboring lots must be approved in writing in advance by the Board and shall be screened appropriately (in accordance with 11-C).

13. Boathouses, Docks, Piers, and Pilings. No boathouses, docks, piers or wharves shall be constructed at any residential building without King’s Grant Homeowners’ Association’s prior written approval. Quays paralleling the river bank may be constructed upon obtaining the King’s Grant Homeowners’ Association’s prior written approval as to location, design and construction, which approval shall be discretional. Such approval by the King’s Grant Homeowners’ Association for the construction or placement of structures in or upon navigable waters shall not obviate the necessity of lot owners from obtaining the approval by the U.S. Army Corps of Engineers or other appropriate South Carolina State Agencies.

14. Boats, Trailers, Trucks, School Buses, Boat Trailers. No house trailer or mobile home, school buses, trucks (other than “pickups” and 1/2 ton panel trucks), or other commercial vehicles, shall be kept, stored, or parked overnight; either on any street or on any lot except within enclosed garages. Out of area guests traveling in a self-propelled recreational vehicle or pulling a travel trailer will be allowed to park these vehicles in the driveway or side yard without shielding from the street for the duration of their visit, up to two weeks, only. Camper trailers, travel trailers, motor homes, utility/boat trailers and boats on or off trailers, may be stored on a lot, but must be parked to the rear or back yard of the dwelling house. Camper trailers, travel trailers, utility/boat trailers and boats on or off trailers may be stored in the side yards of a lot provided that such vehicles are shielded from the street by a flora, wooden or masonry wall (not constructed of concrete or cinder block) fence, no further forward than the main front elevation of the residence. Such vehicles may be parked in the front drive for a period of twenty-four (24) hours for loading and unloading only.

15. Unsightly materials. No trash, rubbish, debris, junk, stored materials, wrecked or inoperable vehicles or similar unsightly items shall be allowed to remain on any street or lot outside an enclosed structure. However, the foregoing shall not be construed to prohibit temporary deposits of trash, rubbish and debris for pickup by governmental or similar garbage and trash removal service units. In the event any owner of any developed lot fails or refuses to keep such property free from any unsightly items or any weeds, underbrush or other unsightly growth, then the King’s Grant Homeowners’ Association, or its successor, may enter upon such property five days after posting a notice thereon requesting the owner to observe this paragraph, and upon entry, remove all such unsightly items or growth and the expense shall be billed to the homeowner. No such entry shall be deemed a trespass. The King’s Grant Homeowners’ Association notice shall be sufficient if it states, in substance:

Please remove this unsightly item or growth:

(describe here)

within five days or

King’s Grant Homeowners’ Association shall do so at your expense.

You are violating the restrictions.

15.* Offensive Activities. No noxious, offensive or illegal activities shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.[ii]

16. Filling Waterways, Changing Elevations, Bridges. No lot shall be increased in size by filling in the water it abuts. No lot owner shall excavate or extract earth for any business purpose. No elevation changes shall be permitted which materially affect surface grade of surrounding lots. King’s Grant Homeowners’ Association reserves the right to build footbridges or vehicular bridges across any canals, creeks or lagoons so long as a minimum of six (6) feet of clearance is available at mean high tide, provided this paragraph shall not obligate King’s Grant Homeowners’ Association to construct any such bridge.

17. Wells. No individual water supply system shall be permitted except for irrigation, swimming pools or other non-domestic use.

18. Easements. An easement on each lot is hereby reserved by the King’s Grant Homeowners’ Association along, over, under, and upon a strip of land ten (10) feet in width parallel and contiguous to the rear or back lot line of each lot. (Patio Houses - five (5) feet) and along, over, under, or upon a strip of land three (3) feet in width parallel and contiguous to each side lot line, in addition to such other easements as may appear on the aforementioned recorded subdivision plats. The purpose of these easements shall be to provide, install, maintain, construct and operate drainage facilities now or in the future to, from or for each of the individual subdivision lots. Within these easements, no permanent structure, or other materials of a permanent nature shall be placed or permitted to remain which may damage or interfere with the installation or maintenance of, or which may change the direction or flow of drainage channels in the easements. 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. For the purpose of this covenant, the King’s Grant Homeowners’ Association reserves the right to notify or extinguish the herein reserved easements along any lot lines when, in its sole discretion, adequate reserved easements are otherwise available for the installation of drainage facilities.

19. Green Areas. The green areas are the common property of all homeowners and have both aesthetic and functional value. The areas are meant for play and enjoyment by everyone.

(a) Burning: If necessary, leaves and pine straw only may be burned under constant supervision and with the proper permits. The area is to be raked level afterward. No garbage, trash or wood is to be incinerated.

(b) Access: Usage of green areas for incoming and outgoing materials for construction or landscaping will be permitted only if request is made in writing and approved by the Chairperson of the Green Area Committee. The ground must be left free from ruts and debris. No general drive through or parking is permitted.

(c) Debris: There will no depositing of refuse, Christmas trees, building materials, cut wood, etc. No personal property or vehicles are to be left in the green area.

(d) Use: Digging, construction of playhouses and pet houses/runs, destruction of trees and shrubs and motorized vehicles are prohibited.

(e) Water Discharge: Backwash from swimming pools is prohibited as it softens the ground and inhibits proper maintenance.

(f) Gardens: Vegetable and flower gardens are to be confined to the owner’s property. The Committee may designate areas that are to be planted and maintained by the maintenance crews.

(g) Wood Piles: Storage of wood is to be kept on the owner’s property. Wood piles create an obstacle to mowing and could kill trees by insect transferral.

(h) Trees: Any item of live growth in the common areas may be felled only by King’s Grant Homeowners’ Association. If a tree must be felled from private property into the green area, the homeowner must remove it promptly.

SECTION II

Annual Regime Fee

1. Annual Assessment for Regime Fee. Each owner of a lot within King’s Grant on the Ashley subject to these Restrictions is deemed to covenant and agree to pay to the King’s Grant Homeowners’ Association, Inc. an annual assessment for the continuation of an operating fund the amounts hereinafter set forth. The sums so received shall be used to provide funds for the maintenance, landscaping and beautification of the common areas currently owned by King’s Grant Homeowners’ Association, Inc. but shall not include public right-of-ways or easements when satisfactorily maintained by any government authority or the Country Club facilities. Further such sums may be used for providing services and the enforcing of these restrictions on their behalf by the King’s Grant Homeowners’ Association. The administration of the operating fund shall be vested with the Board of Governors of the King’s Grant Homeowners’ Association, Inc. according to its Bylaws.

2. Amount and Due Date of Annual Assessment for Regime Fee. Each owner of a lot subject to these restrictions shall pay to the King’s Grant Homeowners’ Association, Inc. the designated annual regime fee amount. The annual assessment was increased to Ninety and no/100 ($90.00) beginning January 1, 1990. Effective January 1, 2002, the annual assessment will increase to One Hundred Ten and no/100 ($110.00). Effective January 1, 2004, the annual assessment will increase to One Hundred Thirty and no/100 ($130.00). Such payment is due on the first of January each year and shall be delinquent sixty (60) days after such. It shall be the right and responsibility of the Board of Governors of the King’s Grant Homeowners’ Association, Inc. to prosecute any action against any lot owner for any delinquent payments. A late charge of $5. per month shall be charged for each month late or any portion thereof.

3. Adjustments in Annual Assessment for Maintenance Fund. The amount of the assessment may be adjusted by the King’s Grant Homeowners’ Association where, in its discretion, such adjustment is necessary to accomplish the purposes of the Maintenance Fund as set out above. Any adjustments shall correspond to any increase or decrease in the cost of living as shown by the Consumer Price Index as published by the Bureau of Labor Statistics of the United States Department of Labor. The base year for determining such increase or decrease shall be the year 1971. If the publication of the Consumer Price Index is discontinued, the property owners and Board of Governors may agree to accept comparable statistical information in the cost of living for the tri-county area published by any state or federal agency or by a financial periodical of recognized authority selected by the Board of Governors.

4. Assessment -- Personal Obligation of Owners. The assessment shall be the personal obligation of the owner of a lot subject to these restrictions at such time as the assessment falls due and shall not pass to successors in title unless expressly assumed. Each lot owner is responsible for the payment of such assessment whether or not a residence has been constructed on his lot. This assessment is due and payable by all lot owners other than those specifically exempted.

SECTION III

King’s Grant Country Club

As of September 30, 1975, the King’s Grant Country Club, including golf course, fairways, club house, swimming pool, tennis courts and all other recreational facilities became privately owned.

However, each owner of a lot in King’s Grant on the Ashley, upon payment of the monthly dues prescribed by the owners shall have the right and privilege to designate one Family Unit to use and enjoy the facilities of the King’s Grant Country Club. Based on previous documents filed with the Clerk of the Court of Dorchester County, no Family Unit shall be required to pay an initiation fee as a right to become a member of King’s Grant Country Club.

SECTION IV

General Provisions

1. Unintentional Violation of Restrictions. In the event of unintentional violation of any of the foregoing restrictions with respect to any lot, the King’s Grant Homeowners’ Association or its successors reserves the right (by and with the written mutual consent of the owner or owners for the time being of such lot) to change, amend, or release any of the foregoing restrictions as the same may apply to that particular lot.

2. Enforcement. If any person, firm or corporation shall violate or attempt to violate any of said restrictions, it shall be lawful for any person, firm or corporation owning any of said lots (or having any interest therein) or the Board of Governors of the King’s Grant Homeowners’ Association to prosecute any proceeding at law or in equity again the person, firm or corporation violating or attempted to violate the same, and either to prevent him, it or them from doing so or to recover damages or other dues for such violation. In the event the Board shall prevail in any such legal proceeding allowed hereunder, the Board shall be entitled to a monetary award against such violator of reasonable attorney’s fees, costs and expenses incurred incident to such proceedings.

3. Severability. Whenever possible, each provision of the Declaration shall be interpreted in such manner as to be effective and valid, but if any provisions of this Declaration or the application thereof to any persons or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.

4. Heading and Binding Effect. Headings are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular paragraphs to which they refer. The covenants, agreements and rights set forth herein shall be binding upon and inure to the benefit of the respective heirs, executors, successors and assigns of the King’s Grant Homeowners’ Association and all persons claiming by, through or under King’s Grant Homeowners’ Association.

5. Duration. The foregoing restrictions shall be construed as covenants running with the land and shall be binding and effective until January 1, 2006, at which time they shall automatically be extended for successive periods of ten (10) years each unless it is agreed by the vote of a majority in interest of the then owners of the described property to change, amend or revoke the restrictions in whole or in part. Every purchaser or subsequent grantee of any interest in any property now or hereafter made subject to this King’s Grant Homeowners’ Association, by acceptance of a deed or other conveyer thereof, agrees that the covenants and restrictions of this Declaration may be extended as provident in the Article.

6. Amendment. The covenants and restrictions of this Declaration may be amended at any time and from time to time by an agreement signed by at least fifty-one (51) percent of the property owners whose lots are within King’s Grant on the Ashley. Any such amendment shall not become effective until the instrument evidencing such change has been filed for record in the Office of the Clerk of Court for Dorchester County, South Carolina. Every purchaser or subsequent grantee of an interest acceptance of a deed or other conveyance, agrees that the covenants and restriction of the Declaration may be amended as provided herein.

References:

Restrictions are filed with the Office of the Clerk of Court for Dorchester County as follows:

Section One - 24 September 1970, recorded in Book 179, page 113

Patio Houses - 22 June 1973, recorded in Book 214, page 46

23 October 1973, recorded in Book 219, page 410

Section Two - 19 December 1972, recorded in Book 206, page 42

31 October 1973, recorded in Book 220, page 157

Playground and

Green Areas - 6 September 1974, recorded in Book 239, page 50

Country Club - 30 September 1975, recorded in Book 256, page 343

5 August 1976, recorded in Book 289, page 168

19 May 1997, recorded in Book 1759, page 262

All Sections - 3 August 1984, recorded in Book 519, page 148

29 October 1984, recorded in Book 524, page 484

5 February 1985, recorded in Book 531, page 122

31 December 1986, recorded in Book 576, page 784

28 February 1996, recorded in Book 1564, page 208

3 August 1999, recorded in Book 2250, page 078

13 December 2001, recorded in Book 2921, page 141

3 November 2003, recorded in Book 3876, page 327