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HOA: Morgan Creek Harbor Association
Document: Morgan Creek Harbor Association/MCHA_Supplemental_Exhibit_D.pdf
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STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON
10/27/87
SUPPLEMENTAL DECLARATION OF
COVENANTS AND RESTRICTIONS
OF THE MORGAN PLACE PROPERTY
OWNERS ASSOCIATION, INC.
THIS Supplemental Declaration made this 27 day of
October
, 1987, by wild
Dunes Associates, a South Carolina
General Partnership
(hereinafter called “Declarant") and with
the consent of
Morgan Place Property Owners Association, Inc.
(hereinafter called
"Association").
WITNESS ETH:
WHEREAS, the Declarant and the Association, by
"Declaration
of Covenants
and Restrictions of the Morgan Place
Property
Owners Association, Inc." dated July 13, 1987,
recorded in the
R.M.C. Office for Charleston County on July
13, 1987 in Book
W-166, Page 343, made certain properties on
the Isle of Palms,
Charleston County, South Carolina, subject
to the aforesaid Declaration
(the "Declaration"); and
WHEREAS Article II, Section 2 of the aforesaid
Declaration provides, in relevant part, that during the period
of development (
extending to January 1, 2007), the Declarant.
its successors
and assigns, shall have the right, without
further consent
of the Association, to bring within the plan
and operation
of the Declaration any property which is
contigious
or nearly contigious to the Properties previously
subjected to the
Declaration, said additions to be made by
filing a Supplementary Declaration with respect to the said
additional
property, and that any supplementary Declaration
adding additional
property may contain such complimentary
additions and/or
modifications of the covenants and
restrictions
contained in the Declaration as may be necessary
or convenient,
in the sole judgment of the Declarant, to
reflect
the different character, if any, of the additional
property and as are not inconsistent with the plan of the
Declaration;
and
Chunk 1 · Pages 1-2
necessary
or convenient,
in the sole judgment of the Declarant, to
reflect
the different character, if any, of the additional
property and as are not inconsistent with the plan of the
Declaration;
and
WHEREAS, Declarant, with the consent of the Association,
now wishes to bring Additional Property within the plan and
operation of the
Declaration and to submit said Additional
Property to the following complimentary additions and/or
modifications of
the covenants and restrictions contained in
the Declaration, as amended by this Supplemental Declaration,
now therefore
KNOW ALL MEN BY THESE PRESENTS THAT the Declarant, with
the consent of the Association, hereby declares that the real
property described in Exhibit "A" attached hereto, pursuant to
Article II,
Section 2 of the "Declaration of Covenants and
Restrictions of the Morgan Place Property Owners Association,
Inc." dated July 13, 1987, recorded in the R.M.C. Office for
Charleston County on July 13, 1987 in Book W-166, Page 343, is
and shall be held,
transferred, sold, conveyed, given,
donated, leased and occupied
subject to said Declaration, as
amended by this
supplemental Declaration, and shall be held.
transferred, sold,
conveyed, given, donated, leased and
occupied subject
to the following complimentary additional
covenants, restrictions,
conditions, easements and affirmative
obligations :
1.
2.
3.
4.
5.
Definitions. The words used in this Supplemental
Declaration, unless
the context shall clearly indicate
otherwise, shall
have the same meanings as set forth in
the original Declaration
.
Membership Classifications and Voting Rights. The owners
of Lots 42-46, Tract
F, Block G, as more particularly
shown on the plat
described in Exhibit "A" attached
hereto,
shall be Type A Members as more particularly set
Chunk 2 · Pages 2-3
cations and Voting Rights. The owners
of Lots 42-46, Tract
F, Block G, as more particularly
shown on the plat
described in Exhibit "A" attached
hereto,
shall be Type A Members as more particularly set
forth in the Declaration.
The owners of Lots 22, 23 and
28-41, Tract F, Block G, as more particularly shown on
the plat described
in Exhibit "A" attached hereto, shall
be Type B Members as more particularly set forth in the
Declaration.
Ownership and Maintenance of Docks. The owners of Lots
42-46, Tract F, Block G, as more particularly shown on
the plat
described in Exhibit "A" attached hereto, shall
own and
maintain any private docking facilities and
walkways
attached to their lots in accordance with the
provisions of Article IV, Section 3 of the Declaration.
Architectural Control; Siting. Notwithstanding the
provisions
of Article vi, Section 2 of the Declaration,
each building constructed on Lots 42-46, Tract F. Block
G. shall
be situated no less than three (3') feet from
the
easternmost side lot line and no less than seven (7')
feet
from the westernmost side lot line of each lot, as
shown on the plat described in Exhibit "A" attached
hereto.
The Declarant or ARB shall have the right to
waive such specific set back requirements where in its
judgment,
such waiver is in the best interest of the
Development.
Forty (40') Foot Bulkhead Easement. Lots 42-46, Tract F,
Block C, as
more particularly shown on the Plat described
in Exhibit "
A" attached hereto, shall be subject to the
forty (
40') foot bulkhead and dock maintenance.
ingress/egress and utility easement as more particularly
set forth in
the Declaration and as shown on said Plat.
!
IN WITNESS WHEREOF, the Declarant and the Association
have
caused
this instrument to be executed the day and year
first above written.
Chunk 3 · Pages 3-6
cularly
set forth in
the Declaration and as shown on said Plat.
!
IN WITNESS WHEREOF, the Declarant and the Association
have
caused
this instrument to be executed the day and year
first above written.
WITNESSES:
WILD DUNES ASSOCIATES, A South
Carolina General Partnership
Marcin Sordon
By:
Dany m.
Noel D. Thorn, its
Partner
Myrick
Muneer Gordon
Dany in Myrick
MORGAN PLACE PROPER' OWNERS
ASSOCIATION,
By:
Noel D. Thorn, its
President
:
By:
H
Brian F. Kernaghan
Secretary
-3-
STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON
and made oath that (s)he saw the within wild Dunes Associates.
PERSONALLY appeared
before me MAUREEN GORDON
a South Carolina General Partnership, by Noel D. Thorn, its
Partner, sign, seal and as its act and deed, deliver the
within written instrument and that (s)he with
my to Tyck witnessed the execution thereof.
SWORN to before me
this 27%, day of October, 1987.
hany in myck
Maureen Bordo
Notary Public for south carolina
My Commission Expires: 31:429
1
1
STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON
PERSONALLY appeared before me MAUREEN GORDON
and
made oath that (s)he saw
the within wild Dunes Associates,
a South Carolina
General Partnership, by Noel D. Thorn, its
Partner, sign, seal and
as its act and deed, deliver the
within written
instrument and that (s)he with
My to Myrick
witnessed the execution thereof.
SWORN to before me
this 27%, day of October, 1987.
Zwick
Maureen born
Notary Public for South Carolina
My Commission Expires 31:469
:
1
STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON
PERSONALLY appeared before me MAUREEN CORDON
and made oath that (s)he saw the within Morgan Place Propert
Owners Association, Inc.. by Noel D. Thorn, its President and
Brian F. Kernaghan, its Secretary, sign, seal and as its act
Chunk 4 · Pages 6-7
e MAUREEN CORDON
and made oath that (s)he saw the within Morgan Place Propert
Owners Association, Inc.. by Noel D. Thorn, its President and
Brian F. Kernaghan, its Secretary, sign, seal and as its act
and deed, deliver the within written instrument and that (s)he
with
nick
witnessed the
execution thereof.
M
SWORN to before me
this 7 day of October, 1987.
A touch
Notary Public for South Carolina
My Commission Expires 2.3/89
:
EXHIBIT "A"
PROPERTY DESCRIPTION
ALL those certain pieces, parcels or lots of land situate.
lying and being on the Isle of Palms, Charleston County, South
Carolina, known and designated as Lots 1-18. Tract F, Block G.
on a plat entitled "Conditional Plat Showing Subdivision of
Tract F, Block G. Parcel 1, Lots 1-18, Wild Dunes, City of
Isle of Palms, Charleston County, South Carolina" prepared by
William Porcher, Land Surveyor, S.C. Reg. No. 7407, dated
February 9, 1987, said plat being duly recorded in the R.M.C.
Office for Charleston County in Plat Book BM, Page 78; the
said lots having such size, shape, dimensions, buttings and
boundings, more or less, as will by reference to said plat
more fully appear.