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The undersigned acting on behalf of the majority of the owners of all lots in Section A, A-l, B, B-l, C, C-l, D, E, E-l, and F of Gower Estates, being all that piece, parcel and lot of land as shown on plat recorded in the R. M. C. Office for Greenville County, South Carolina, in Plat Book (see attachment A), do hereby agree that the covenants and restrictions hereinafter set forth shall be binding on all parties and all persons claiming under them until January 1, 2013, at which time said covenant shall be automatically extended for successive periods of ten (10) years, unless by vote of a majority of the then owners of the lots, it is agreed to change said covenants in whole or in part. All future changes will be determined by a majority of the cumulative votes cast in all Gower Sections including Sections A, A-l, B, B-l, C, C-l, D, E, E-l & F.
If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said development or subdivision or the Gower Estates Neighborhood Association (GENA), upon board approval, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. 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. 1. No building shall be located on any residential building lot nearer than the building setback line as shown on the recorded plat. 2. Any residence constructed on (see attachment A), inclusive, the ground floor area of the main structure, exclusive of one story open porches and garages, shall be not less than (see attachment A) square feet or a one story dwelling, nor less than (see attachment A) square feet for a dwelling of more than one story. Any residence constructed on (see attachment A), inclusive, and (see attachment A), inclusive, the ground floor area of the main structure, exclusive of one story open porches and garages, shall be not less than (see attachment A) square feet for a one story dwelling, nor less than (see attachment A) square feet for a dwelling of more than one story., 3. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on the tract shall 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 structure shall be erected or placed on any building plot, which plot has an area of less than 10,000 square feet or a width of less than 60 feet at the front building setback line. 5. No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plat plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision, and as to location of the buildings with respect to topography, finished ground elevation and landscaping, by the Architectural Committee composed of Gower Estates property owners elected by the GENA board of directors. In the event said committee fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it, such approval will not be required and this covenant will be deemed to have been fully complied with. Any decision of the Architectural Committee may be appealed within 30 days to the full Gower Estates Neighborhood Association Board. The members of such committee shall not be entitled to any compensation for services performed pursuant to this covenant. The powers and duties of such committee shall continue indefinitely. 6. No obnoxious or offensive trade or activity shall be carried on upon any of the property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 7. No live stock, cattle, swine, sheep, goats, or other such animals of similar breed shall be permitted to be kept on any residential plot. Likewise, no chickens, duck, geese, or other such fowls shall be permitted or kept on any residential plot. Any pets must be contained and controlled so as to comply with City ordinances and so as not to threaten the safety, health and harmony of the neighborhood. 8. Each property shall be used only for single-family residences. 9. No property shall be recut so as to face any direction other than as shown on the recorded plot thereof. 10. All sewerage disposal shall be by Municipal Sewerage System 11. An easement five (5) feet in width is reserved across the side and rear of all lots for the purpose of utility installation and maintenance, as well as drainage. 12. All residences shall have a standard mail box, as approved by the Postmaster General, which is to be erected by the owner at the height required by the Post Office Department. All boxes and posts shall be kept in a good state of repair at all times. Residents are requested to have mailboxes conform to the design for the subdivision designated by the Architectural Committee. 13. All properties shall be properly maintained and landscaped per city codes. 14. No garage or other outbuilding more than two (2) stories in height shall be erected upon any lot. Outbuildings or storage sheds are to be located behind the residence. 15. No above ground swimming pools may be constructed or placed on any lot. 16. Loose stone, dirt or gravel driveways are not permitted in the front yard of any property. 17. No chain-linked, wire or unsightly fences may be constructed, located or placed in the front yard of any property. 18. Architectural committee must pre-approve style, color, and material of any metal roofs. 19. The property owner shall remit annual dues for membership in GENA as stated in the by-laws of the Gower Estates Neighborhood Association; any and all persons residing in said property shall abide by these by-laws. Said dues shall be due and payable to GENA on January 1, of each year to cover the calendar year beginning January 1, and ending on December 31, of each year. Property owners as of December 31, 2002 will be exempt from required membership, but any transfer of property after said date will require subsequent owners to be members. 20. Recreational vehicles, boats, trailers, commercial vehicles with more than 6 wheels, or any derelict vehicle or related material shall not be parked, permanently located, or stored on any street rights-of-way nor stored or permanently located on a resident's property so as to be visible from streets or front yards. Vehicles shall not be parked on unpaved surfaces on front or sides of any residence. 21. Any person owning property as of December 31, 2002 who is in compliance with current protective covenants but would be in violation of any new restrictive covenants as of January 1, 2003 will be grandfathered. After January 1, 2003, when a transfer of property occurs, the new property owner must comply with these covenants. IN WITNESS WHEREOF the said GOWER ESTATES NEIGHBORHOOD ASSOCIATION Board of Directors, acting on behalf of the Gower Estates lot owners in any and all Sections approving these covenant revisions by majority vote, has caused its corporate seal to be hereunto affixed and these presents to be subscribed by its duly authorized officers, and the undersigned (Board of Directors) has hereunto set their hand and seal this 19th day of February, 2003. Note: The above text is the same wording as the enclosed ballot. ATTACHMENT APlat book location. Lot numbers and square footage requirements for Gower Estate Section A, A-l, B, B-l, C, C-l, D, E, E-l and F. Section A - Plat Book QQ at pages 146-147 Lots 1-32; 82-113 Square footage: Minimum 1500' for one story Minimum 1100' for lower level of 2 story Lots 33-81 Square footage: Minimum 1200' for one story Minimum 1000' for lower level of 2 story Section A-l - Plat Book ZZ at page 53 Lots 1, 2, 3, 4, and 5 Square footage: Minimum 1200' for one story Minimum 1000' for lower level of 2 story Section B - Plat Book XX at pages 36 and 37 Lots 23-1-241; 277-281; 282-300 Square footage: Minimum 1200' for one story Minimum 1000' for lower level of 2 story Section B-l - Plat Book XX page 107A Lots 359-368; 370-378 Square footage: Minimum 1500' for one story Minimum 1100' for lower level of 2 story Section C - Plat Book YY page 113 Lots 1-7; 9-14; 8 Square footage: Minimum 2000' for one story Minimum 1500' for lower level of 2 story Section C-l - Plat Book YY at page 112 Lots 15-41 Square footage: Minimum 2000' for one story Minimum 1500' for lower level of 2 story Section D - Plat Book RR pages 192-193 Lots 408-510 Square footage: Minimum 1500' for one story Minimum 1200' for lower level of 2 story Section E - Plat Book BBB page 71 Lots 1-15 Square footage: Minimum 2000' for one story Minimum 1500' for lower level of 2 story Section E-l - Pkt Book BBB page 70 Lots 16-21 Square footage: Minimum 2000' for one story Minimum 1500' for lower level of 2 story Section F - Plat Book JJJ page 99 Lots 1-98 Square footage: Minimum 1800' for one story Minimum 1200' for lower level of 2 story 2 story must have total 2000' |