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Easements and Protective Covenants, Bayshore Estates, Sec

Note:  Covenants may vary slightly across sections. Differences are noted. While every effort was made to record the covenants accurately here, the covenants as recorded in the office of the Clerk of Court for Oconee County are legally binding. Sections I-V are recorded in Plat Book S, page 42A. Section VI is recorded in Plat Book W, page 67. Section VII is recorded in Plat Book W, page 108. Composite plats for Sections I-VII are recorded in Plat Book P-40, pages 32 and 33. Though not included in the covenants, only residents of Bayshore Sections I-VII may join the Bayshore Association.    


Now therefore, in consideration of the foregoing and the benefits flowing to the present and future owners of said lots, Rochester Real Estate Company, by its president, S. B. Rochester, Sr., does hereby impose the following protective and/or restrictive covenants on all of said lots.


A. No lot shall be used, except for residential purposes, except that certain areas may be designated for use as Community Recreation Areas. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling or one semi-detached single family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars (Section VII does not include “and a private garage for not more than two cars.”). Each such building shall have curtain walls or underpinning of masonry construction around its entire perimeter, including porches and steps, but allowing doors, windows and ventilators.


B. All dwellings shall be constructed with the use of high quality materials and workmanship to insure that no dwelling will present an unsightly appearance and all dwellings shall have minimum ground floor area of the main structure, exclusive of open porches and garage, of not less than 1200 (Section VII: 1600) square feet for a one-story dwelling nor less than 900 (Section VII: 100) square feet for a dwelling of more than one story, and that no dwelling shall be permitted on any lot at a building cost of less than $15,000 (Section VII: $20,000.00), exclusive of the price of the lot (Section VII: based on prices for the year 1964).


C. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event, no building shall be located on any lot nearer than 40 (Sections VI and VII: 30) feet to the front lot line, or nearer than 15 (Section VII: 10) feet to an interior lot line, except that no side yard shall be required for a garage building located on the rear one-fourth of the lot (Section VII does not include “except that no side yard shall be required for a garage building located on the rear one-fourth of the lot”).


D. No lot shall be resubdivided into, nor shall any dwelling be erected or placed on, any lot or lots having a width of less than 90 feet at the minimum building setback line.


E. Easements for installation and maintenance of utilities and drainage facilities are reserved over the rear and side five feet of each lot.


F. No noxious or offensive trade or 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 neighborhood.


G. 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 temporary or permanently.


H. No signs or advertising displays other than the advertising for sale of the homes on said lots or signs in connection therewith or incidental thereto, shall be placed on any lot.


I. No oil or mining operations shall be conducted upon any lot.


J. No garbage or refuse shall be dumped or otherwise placed or disposed upon any lot.


K. All sewerage disposal, until when and if city, or similar, public sanitary sewerage lines shall be available, shall be by individual septic tanks inspected and approved by the State Board of Health of South Carolina.


L. The various restrictive measures and provisions of this instrument are declared to constitute mutual restrictive covenants and servitudes for the protection and benefit of each lot; failure by the undersigned or any other person or persons entitled to do so to enforce any measure or provision upon violation thereof shall not stop or prevent enforcement thereafter or be deemed a waiver of the right to do so. 


M. The intended purpose of each lot within Bayshore Estates is a single family dwelling unit. A family is defined herein as one or more persons residing in a single dwelling unit where all members are related by blood, marriage, or adoption up to the second degree of consanguinity, or by foster care. No occupants residing in nor owner(s) of any dwelling unit shall have more than one unrelated individual residing therein.  (2011 Amendment)


Each lot shall be used exclusively for non-transient residential purposes. No lot and no improvement(s) on said lot may be used for temporary or transient residential purposes or short-term rental, which is defined as rental or leasing of a dwelling or any part thereof for periods of less than one hundred twenty (120) days continuously.  (2020 Amendment)


These covenants are to run with the land and shall be binding on all parties and 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 each unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. 


Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.


Invalidation of any one of these covenants by judgment or Court order shall in no wise affect any other provision which shall remain in full force and effect.

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