Prepared by and return to: Brockmann Law Todd C. Brockmann, Esq.
17250 Lancaster Highway, Suite 608 Charlotte, NC 28277 YORK COUNTY, SC 2023010654RESTRICTIVE COVENANT RECORDING FEES STATE TAX COUNTY TAX 04-13-2023 BK: RB 20703 $25.00 $0.00 $0.00 03:41:51 PM PG: 431-440 TWENTY-SECOND SUPPLEMENT ΤΟ MASTER COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS THIS FOR RIVERWALK TWENTY-SECOND SUPPLEMENT TO MASTER COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR RIVERWALK (this "Supplemental Declaration") is made effective as of the 12th day of April, 2023, by THE GREENS OF ROCK HILL LLC, a South Carolina limited liability company ("Declarant”), whose address is 998 Riverwalk Parkway, Suite 202, Rock Hill, South Carolina, 29730.
RIVERWALK SPOOKY HOLLOW, LLC, a South Carolina limited liability company, owns the Annexed Property (as hereinafter defined) and joins herein to consent to the making of this Supplement and terms hereof.
A.
BACKGROUND STATEMENT Declarant made those certain Master Covenants, Conditions, Easements, and Restrictions for Riverwalk, executed May 26, 2011 (the “Original Declaration"), which was recorded June 3, 2011, in Record Book 12008, Page 242 in the Office of the Clerk of Court for York County, South Carolina, with respect to certain real property located in the City of Rock Hill, York County, South Carolina, described and defined in the Declaration as the "Development Property." Capitalized terms used herein and not defined herein have the meanings given such terms in the Original Declaration. The Original Declaration, as amended and supplemented from time to time, is referred to herein as the "Declaration."
Page 1 Book 20703 Page 431 B. Pursuant to Section 20(H) of the Original Declaration, Declarant reserved the right
mended and supplemented from time to time, is referred to herein as the "Declaration."
Page 1 Book 20703 Page 431 B. Pursuant to Section 20(H) of the Original Declaration, Declarant reserved the right and option to submit any or all of the Additional Property described in Exhibit B to the Original Declaration by filing one or more Supplements. Pursuant to Section 20(A)(ii) of the Original Declaration, Declarant also reserved the right and option, on the terms set forth therein, to amend the terms and provisions of the Original Declaration. Since the recordation of the Original Declaration, Declarant has recorded the following Supplements in the York County real estate records: Supplement No.
Book Page One 12440 247 Two 13808 118 Three 13955 45 Four 14306 1 Five 14378 136 Six 14728 271 Seven 14729 =4 54 Eight 14742 38 Nine 15599 144 Ten 15825 293 Eleven 16263 8 00 Twelve 16265 72 Thirteen 16436 276 Fourteen 16451 204 Fifteen 16963 201 Sixteen 17138 116 Seventeen 17902 138 Eighteen 18642 131 Page 2 Book 20703 Page 432 Nineteen 19325 180 Twenty 19390 372 Twenty-One 19955 268 C.
Declarant desires to annex a portion of the Additional Property to the General Plan of Development set forth in the Original Declaration, the legal description for which is attached hereto in Exhibit A and incorporated herein by this reference (the "Annexed Property").
D. This Supplemental Declaration is designed to create equitable servitudes and covenants applicable to and running with the land for the Annexed Property made subject hereto, and to further benefit and burden the Development Property by creating or reserving additional equitable servitudes and covenants pertaining thereto, as and to the extent provided for herein.
hereto, and to further benefit and burden the Development Property by creating or reserving additional equitable servitudes and covenants pertaining thereto, as and to the extent provided for herein.
E. Declarant hereby declares that the Annexed Property made subject to the Original Declaration by this Supplemental Declaration shall be owned, encumbered, used, occupied, maintained, altered and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions and terms hereinafter set forth for the term and duration thereof, all of which are declared to be part of, pursuant to, and in furtherance of, a common and general plan of development, improvement and enhancement of the Development Property and the Annexed Property. The provisions of this Supplemental Declaration are expressly intended to touch, concern, and run with the title to the Annexed Property and the Development Property, and shall be binding upon and inure to the benefit of Declarant, its successors and assigns, and all persons having or acquiring any right, title, or interest in such properties, and their respective heirs, successors, executors, administrators and assigns.
NOW, THEREFORE, Declarant hereby declares as follows: 1.
Submission of Annexed Property. Declarant hereby exercises its option to submit the Annexed Property to the Original Declaration and further declares that the Annexed Property shall be held, transferred, sold, conveyed, leased, occupied and used subject to the Original Declaration, as amended and supplemented from time to time, and the covenants, conditions, restrictions, easements, charges and liens contained therein which shall touch, concern and run with the title to the Annexed Property, and which shall be binding upon and inure to the
ts, conditions, restrictions, easements, charges and liens contained therein which shall touch, concern and run with the title to the Annexed Property, and which shall be binding upon and inure to the benefit of all parties having any right, title, or interest in the Annexed Property, or any portion thereof, along with their respective heirs, successors, executors, administrators, and assigns.
2. Effect of Submission. Pursuant to the Original Declaration, each purchaser of a Parcel or any other component of the Development Property (as enlarged by Supplements adding Additional Property), by acceptance of a deed thereto, is subject to the terms of the Declaration.
Each Mortgagee, by accepting a mortgage upon a Parcel or other component of the Development Property subject to the terms of the Declaration, shall be deemed to have also consented to the powers of annexation and amendment reserved by Declarant in the Original Declaration and exercised by the Declarant through this Supplemental Declaration.
Page 3 Book 20703 Page 433 3.
Application of Original Declaration to Annexed Property. Upon recordation of this Supplemental Declaration, the Declaration shall apply to the Annexed Property in the same manner as if the Annexed Property had originally been subject to the Original Declaration and had originally constituted a portion of the Development Property; and therefore, the rights, privileges, duties and liabilities of the parties which own any portion of the Annexed Property shall be the same as those involving all of the Development Property previously made subject to the Declaration, and the rights, obligations, privileges, duties and liabilities of the Owners, lessees and
ll be the same as those involving all of the Development Property previously made subject to the Declaration, and the rights, obligations, privileges, duties and liabilities of the Owners, lessees and occupants of the Parcels in the Annexed Property shall be the same as though the Annexed Property had originally been subject to the Declaration, except as expressly provided in this Supplemental Declaration.
4.
Interpretation.
(a) All of the provisions of this Supplemental Declaration and the Declaration shall be liberally construed together to promote and effectuate the fundamental concepts of the property as set forth in the Original Declaration, which is incorporated herein by this reference.
(b) Each of the provisions of this Supplemental Declaration shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision.
(c) Whenever the context may require, any pronouns used shall include the corresponding masculine, feminine or neuter forms, and the singular shall include the plural and vice versa.
(d) All captions and titles used in this Supplemental Declaration are intended solely for convenience of reference only and shall not affect the meaning or interpretation of any of the provisions hereof.
(e) This Supplemental Declaration shall be construed in accordance with and governed by the laws of the State of South Carolina.
(f) The above preamble and Background Statement are incorporated herein by this reference as fully as though re-set forth here verbatim.
5. Future Additions. Nothing contained herein shall be construed to limit the right of Declarant to add any other portion of the Additional Property to the Development Property by
forth here verbatim.
5. Future Additions. Nothing contained herein shall be construed to limit the right of Declarant to add any other portion of the Additional Property to the Development Property by filing one or more additional supplements.
6. Full Force and Effect. Except as expressly set forth in this Supplemental Declaration, all terms, covenants, conditions and restrictions contained in the Declaration shall remain unchanged and shall apply as fully to the Annexed Property as though they were set forth herein. Declarant confirms the making and validity of the Declaration and its application to all of the Development Property.
SIGNATURE PAGES TO FOLLOW Page 4 Book 20703 Page 434 IN WITNESS WHEREOF, Declarant has executed this instrument as of the date first above written.
Signed, sealed and delivered in the presence of Witness RG Witness 2 DECLARANT: THE GREENS OF ROCK HILL LLC, a South Carolina limited liability company By Its Manager: ASSURED ADMINISTRATION, LLC, a South Carolina limited liability company By: M Mark Mather, Manager STATE OF SOUTH CAROLINA COUNTY OF YORK ACKNOWLEDGEMENT 1. RECHARD D'AGOSTINO, a Notary Public in and for the County and State aforesaid, certify that MARK MATHER, either being personally known to me or proven by satisfactory evidence, personally appeared before me this day and acknowledged that he is the Manager of ASSURED ADMINISTRATION, LLC, a South Carolina limited liability company, the Manager of THE GREENS OF ROCK HILL LLC, a South Carolina limited liability company, and being duly authorized to do so, voluntarily executed the foregoing instrument for the purposes stated therein.
Witness my hand and official seal this ✓ day of RG DY496 Notary Public My commission expires: 9-6-2029 April .2 2023.
Page 5 Book 20703 Page 435
e foregoing instrument for the purposes stated therein.
Witness my hand and official seal this ✓ day of RG DY496 Notary Public My commission expires: 9-6-2029 April .2 2023.
Page 5 Book 20703 Page 435 IN WITNESS WHEREOF, the undersigned, as the owner of the Annexed Property, has executed this instrument as of the date first above written.
Signed, sealed and delivered in the presence of: // Witness RGDA Witness 2 RIVERWALK SPOOKY HOLLOW, LLC, a South Carolina limited liability company By Its Manager: THE GREENS OF ROCK HILL LLC, a South Carolina limited liability company By Its Manager: ASSURED ADMINISTRATION, LLC, a South Carolina limited liability company By: Mark Mather, Manager STATE OF SOUTH CAROLINA COUNTY OF YORK ACKNOWLEDGEMENT 1, RECHARD G D'AGOSTI a Notary Public in and for the County and State aforesaid, certify that MARK MATHER, either being personally known to me or proven by satisfactory evidence, personally appeared before me this day and acknowledged that he is the Manager of ASSURED ADMINISTRATION, LLC, a South Carolina limited liability company, the Manager of THE GREENS OF ROCK HILL LLC, a South Carolina limited liability company, the Manager of RIVERWALK SPOOKY HOLLOW, LLC, a South Carolina limited liability company, and being duly authorized to do so, voluntarily executed the foregoing instrument for the purposes stated therein.
Witness my hand and official seal this 12 day of RG D'Agos Notary Public My commission expires: 9-6-2029 ·APRIL 2023.
Page 6 Book 20703 Page 436 EXHIBIT A LEGAL DESCRIPTIONS PLAT BOOK 169, PAGE 309 Being, lying and situate in the City of Rock Hill, County of York, State of South of Carolina, all of the property, including, but not limited to, Lot 322, Lot 323, common open spaces, streets and
309 Being, lying and situate in the City of Rock Hill, County of York, State of South of Carolina, all of the property, including, but not limited to, Lot 322, Lot 323, common open spaces, streets and alleys shown on the plat entitled "MINOR SUBDIVISION RIVERWALK PHASE 2B-4" recorded in Plat Book 169, Page 309, Office of the Clerk of Court of York County.
Derivation: Being a portion of the property conveyed by Celanese Acetate LLC to Greens of Rock Hill LLC by deed dated October 7, 2005, and recorded October 18, 2005, in Book 7503, Page 99, Office of the Clerk of Court of York County.
TMS Numbers: 662-07-01-385 (Lot 322); 662-07-01-388 (Lot 323); 662-07-01-387 (COS) PLAT BOOK 169, PAGES 486-489 Being, lying and situate in the City of Rock Hill, County of York, State of South of Carolina, all of the property, including, but not limited to, all lots, common open spaces, streets and alleys shown on the plat entitled "FINAL PLAT OF RIVERWALK PHASE 3-A & 3-B" recorded in Plat Book 169, Pages 486-489, Office of the Clerk of Court of York County.
Derivation: Being a portion of the property conveyed by Celanese Acetate LLC to Greens of Rock Hill LLC by deed dated October 7, 2005, and recorded October 18, 2005, in Book 7503, Page 99, Office of the Clerk of Court of York County.
TMS Numbers: Lot 421 662-08-02-122 Lot 422 662-08-02-123 Lot 423 662-08-02-124 Lot 424 662-08-02-125 Lot 425 662-08-02-126 Lot 426 662-08-02-127 Lot 427 662-08-02-128 Lot 428 662-08-02-129 Lot 429 662-08-02-130 Lot 430 662-08-02-131 Lot 431 662-08-02-132 Lot 432 662-08-02-133 Lot 433 662-08-02-134 Lot 434 662-08-02-135 Lot 435 662-08-02-136 Lot 436 662-08-02-137 Lot 437 662-08-02-138 Lot 438 662-08-02-139 Lot 439 662-08-02-140 Book 20703 Page 437 Lot 440 662-08-02-141 Lot 441 662-08-02-142 Lot 442
434 662-08-02-135 Lot 435 662-08-02-136 Lot 436 662-08-02-137 Lot 437 662-08-02-138 Lot 438 662-08-02-139 Lot 439 662-08-02-140 Book 20703 Page 437 Lot 440 662-08-02-141 Lot 441 662-08-02-142 Lot 442 662-08-02-143 Lot 443 662-08-02-144 Lot 444 662-08-02-145 Lot 445 662-08-02-146 Lot 446 662-08-02-147 Lot 447 662-08-02-148 Lot 448 662-08-02-149 Lot 449 662-08-02-150 Lot 450 662-08-02-151 Lot 451 662-08-02-152 Lot 452 662-08-02-153 Lot 453 662-08-02-154 Lot 454 662-08-02-155 Lot 455 662-08-02-156 Lot 456 662-08-02-157 Lot 457 662-08-02-158 Lot 458 662-08-02-159 Lot 459 662-08-02-160 Lot 460 662-08-02-161 Lot 461 662-08-02-162 Lot 462 662-08-02-163 Lot 463 662-08-02-164 Lot 464 662-08-02-165 Lot 465 662-08-02-166 Lot 466 662-08-02-167 Lot 467 662-08-02-168 Lot 468 662-08-02-169 Lot 469 662-08-02-170 Lot 470 662-08-02-171 Lot 471 662-08-02-172 Lot 472 662-08-02-173 Lot 473 662-08-02-174 Lot 474 662-08-02-175 Lot 475 662-08-02-176 Lot 476 662-08-02-177 Lot 477 662-08-02-178 Lot 478 662-08-02-179 Lot 479 662-08-02-180 Lot 480 662-08-02-181 Lot 481 662-08-02-182 Lot 482 662-08-02-183 Lot 483 662-08-02-184 Common Open Space #1 662-08-02-185 Common Open Space #2 662-08-02-186 Common Open Space #3 662-08-02-187 Lot 484 662-08-02-188 Lot 485 662-08-02-189 Book 20703 Page 438 Lot 486 662-08-02-190 Lot 487 662-08-02-191 Lot 488 662-08-02-192 Lot 489 662-08-02-193 Lot 490 662-08-02-194 Lot 491 662-08-02-195 Lot 492 662-08-02-196 Lot 493 662-08-02-197 Lot 494 662-08-02-198 Lot 495 662-08-02-199 Lot 496 662-08-02-200 Lot 497 662-08-02-201 Lot 498 662-08-02-202 Lot 499 662-08-02-203 Lot 500 662-08-02-204 Lot 501 662-08-02-205 Lot 502 662-08-02-206 Lot 503 662-08-02-207 Lot 504 662-08-02-208 Lot 505 662-08-02-209 Lot 506 662-08-02-210 Lot 507 662-08-02-211 Lot 508 662-08-02-212 Lot 509
00 662-08-02-204 Lot 501 662-08-02-205 Lot 502 662-08-02-206 Lot 503 662-08-02-207 Lot 504 662-08-02-208 Lot 505 662-08-02-209 Lot 506 662-08-02-210 Lot 507 662-08-02-211 Lot 508 662-08-02-212 Lot 509 662-08-02-213 Lot 510 662-08-02-214 Lot 511 662-08-02-215 Lot 512 662-08-02-216 Lot 513 662-08-02-217 Lot 514 662-08-02-218 Lot 515 662-08-02-219 Lot 516 662-08-02-220 Lot 517 662-08-02-221 Lot 518 662-08-02-222 Lot 519 662-08-02-223 Lot 520 662-08-02-224 Lot 521 662-08-02-225 Lot 522 662-08-02-226 Lot 523 662-08-02-227 Lot 524 662-08-02-228 Lot 525 662-08-02-229 Lot 526 662-08-02-230 Lot 527 662-08-02-231 Lot 528 662-08-02-232 Lot 529 662-08-02-233 Lot 530 662-08-02-234 Lot 531 662-08-02-235 Lot 532 662-08-02-236 Lot 533 662-08-02-237 Lot 534 662-08-02-238 Book 20703 Page 439 Lot 535 662-08-02-239 Lot 536 662-08-02-240 Lot 537 662-08-02-241 Lot 538 662-08-02-242 Lot 539 662-08-02-243 Lot 540 662-08-02-244 Lot 541 662-08-02-245 Lot 542 662-08-02-246 Lot 543 662-08-02-247 Lot 544 662-08-02-248 Lot 545 662-08-02-249 Lot 546 662-08-02-250 Lot 547 662-08-02-251 Lot 548 662-08-02-252 Lot 549 662-08-02-253 Lot 550 662-08-02-254 Lot 551 662-08-02-255 Lot 552 662-08-02-256 Lot 553 662-08-02-257 Lot 554 662-08-02-258 Lot 555 662-08-02-259 Lot 556 662-08-02-260 Lot 557 662-08-02-261 Lot 558 662-08-02-262 Lot 559 662-08-02-263 Lot 560 662-08-02-264 Lot 561 Lot 562 662-08-02-265 662-08-02-266 Lot 563 662-08-02-267 Lot 564 662-08-02-268 Lot 565 662-08-02-269 Lot 566 662-08-02-270 Lot 567 662-08-02-271 Lot 568 662-08-02-272 Lot 569 662-08-02-273 Lot 570 662-08-02-274 Lot 571 662-08-02-275 Lot 572 662-08-02-276 Lot 573 662-08-02-277 Lot 574 662-08-02-278 Lot 575 662-08-02-279 Lot 576 662-08-02-280 Lot 577 662-08-02-281 Lot 578 662-08-02-282 Common Open Space #4 662-08-02-283
2-08-02-275 Lot 572 662-08-02-276 Lot 573 662-08-02-277 Lot 574 662-08-02-278 Lot 575 662-08-02-279 Lot 576 662-08-02-280 Lot 577 662-08-02-281 Lot 578 662-08-02-282 Common Open Space #4 662-08-02-283 Common Open Space #5 662-08-02-284 Common Open Space #6 662-08-02-285 Book 20703 Page 440