K - T Development Enterprises Inc: PROTECTIVE COVENANTS
TO : Filed
THE PUBLIC : Recorded
LOTS 1-13, BLOCK 1, LOTS 1-3 BLOCK 2 AND LOTS 1-2, BLOCK 3
WILDERNESS COVE 2ND ADDITION to the City of Enid,
GARFIELD COUNTY, OKLAHOMA, According to the recorded plat thereof
For the purpose of providing an orderly development of the entire tract, and for the further purpose of providing adequate restrictive covenants for the mutual benefit of ourselves or our successors in title to the subdivision of said tract, we hereby impose the following restrictions and reservations to which it shall be incumbent upon our successors to adhere.
1. All lots within the subdivision shall be known and designated as residential building plots. No structures shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not less than two automobiles and other out-buildings incidental to residential use of the plat.
2. No building shall be erected, placed or altered on any building plot in this subdivision until the building plans, specifications and plot plan showing the locations 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 building with respect to topography and finished grade elevation, by a building committee composed of Kevin Fuksa and Traci Fuksa, or a representative designated by majority of the members of said committee. In the event of the death or resignation of any member of said committee, the remaining number of members shall have full authority to designate a successor. In the event said committee, or its designated representative, fails to approve or disapprove within thirty days after said plan and specifications have been submitted to it, or, in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and this covenant shall be deemed to have been fully complied with. Neither the members of such committee, nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties.
3. No building shall be located on any lot nearer to the front lot line or nearer to the side line than the minimum building set back lines shown on the recorded plat. In any event, no building shall be located on any residential plot nearer than 25 feet to the front lot line or nearer than 15 feet to any side street line, or nearer than 5 feet to any interior lot line. No detached garage or other outbuildings shall be located nearer than 5 feet to any side yard. All mail boxes shall be attached to the home or of brick construction next to frontage curb.
4. For the purpose of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. All roofs must be of wood shingles or of a laminated 25-year shingle. All roof shingles must be approved by developer before application begins. Replacement roofs must be approved by the majority home owners in the subdivision. This includes new construction or new roofs that are applied.
5. The main floor of any structure exclusive of open porches and garages for one (1) story structures shall be a minimum of One Thousand Seven Hundred (1,700) square feet on all Lots.
6. No business, commercial or trade activity shall be carried on upon any residential lot. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become any annoyance or nuisance to the neighborhood.
7. No structure of a temporary character, trailer, basement, tent, shack, garage, bar or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. Also, no boat, camper, trailer, or similar item shall ever be left in the driveway, on the front lawn or parked in the street in front of any lot for a longer period than twenty-four (24) hours. A car or pickup shall not be left on the lawn or in front of any lot for longer than 24 hours, but may be left in the driveway. The repair of any vehicle, boat, motorcycle, or anything of that nature, at the home taking longer than 24 hours is forbidden.
All tracts within the subdivision must be kept free from weeds, trash, rubbish or other unsightly materials, and if the same accumulate upon any tract, the committee referred to herein has the power to have the same cut, cleaned up and removed, and charge the owner of any such tract the actual costs thereof. Yards are to be maintained by the owner, and limit the amount of yard ornaments; Christmas decorations need to be removed by February 1 of the following year.
8. No overhead electric conductor or service lines shall ever be erected or maintained on any lot, and no owner or occupant of any lot shall demand or require the furnishing of electric service through or from overhead wire facilities so long as electric service is available from an underground distribution system. This restrictive covenant may be enforced by the owner of any lot or by the electric supplier.
9. No fences or walls or hedges shall be installed on the front portion of any lot in this subdivision between the front lot line and the front building set-back line. Lawns and flowerbeds must be maintained and kept neatly and excessive yard art should be avoided.
10. No building, obstruction or structure, temporary or permanent shall be erected, constructed, or be permitted to exist upon any area, or areas, designated on the plat of said Addition as a public utility or drainage easement, which are hereby reserved for such purpose. All of these areas shall be maintained by the land owner.
11. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose.
12. No cesspool shall ever be constructed or used on any lot in said addition.
13. No house, building or other structure previously erected and used on any other site shall be moved into the above addition and placed upon any of the lots in said addition. All homes shall be of new construction.
14. There shall not be placed upon or permitted to remain upon any of the lots in said addition any advertisement, display, sign or 24' x 36' billboard of any nature except that the owner of any such lot may erect thereon a temporary "for sale" sign in an effort to sell such estate. Developer of record has the right to place billboard signs on all entrances of said subdivision not to exceed 15 x 20 ft.
15. No trees of eight (8) inches or more in diameter shall be cut down with the exception of where the house drives will be constructed, without the permission of the advisory committee. Every effort shall be made by the owners to fit structures to site and preserve the trees and the natural the topography of the lot.
16. No lot or lots within this subdivision shall be divided or split by conveyance or any other means, unless the same is submitted and approved by the Committee referred to herein.
17. Outbuildings and garages shall be of the same quality of construction as the house and shall be no larger than 200 square feet and shall be approved by the building committee hereinafter designated. All fences shall be made of wood or chain link or a material approved by the building committee.
18. All persons, corporations, partnership or other entities purchasing or acquiring title to any or all of the real property hereinbefore described subsequent to the filing for record of these restrictive covenants in the office of the County Clerk of Garfield County, Oklahoma shall take the same subject to and be bound by all of the restrictions and limitations herein contained and by the acceptance of a conveyance thereof, thereby agree to be bound by and observe and keep all such restrictive covenants and which shall be binding upon all of themselves, their heirs, successors, representatives and assigns.
19. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2018, at which time said covenants shall be automatically extended for successive periods of ten years, and subsequent every ten years, unless an instrument signed by a majority of the then owners of lots has been recorded, agreeing to change said covenants in whole or in part.
20. 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 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 present him or them from doing or to recover damages or other dues for such violation.
21. Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
DATED this 23rd day of September, 2008.
K - T Development Enterprises Inc.
Kevin Fuksa
Kevin Fuksa, President