RESTRICTIVE COVENANTS
AND LIMITATIONS
OWNER’S RESTRICTIVE COVENANTS AND LIMITATIONS
FOR SECTION 2,PARK VIEW ESTATES,
AN ADDITION TO THE CITY OF STILLWATER, OKLAHOMA
STATE OF OKLAHOMA
COUNTY OF PAYNE
KNOW ALL MEN BY THESE PRESENT:
That the undersigned, Jackie C. Rogers and Evelyn A. Rogers, husband and wife, being the only person or persons having any right, title or interest except outstanding mineral interests of record in and to SECTION 2, PARK VIEW ESTATES, an Addition to the City of Stillwater, Oklahoma, and being situated in the NE/4 of Section 35, Township 20 North, Range 2 East of the Indian Meridian, Payne County Oklahoma, according to the plat thereof, recorded on the 23rd day of April, 1974, in Volume 202 Misc. Records, page 351, in the Office of the County Clerk of Payne County, Oklahoma, for the purpose of providing an orderly development and of providing adequate restrictive covenants for the mutual benefit of themselves and their successors in title to SECTION 2, PARK VIEW ESTATES, hereby impose the following restrictions and limitations to which it shall be incumbent upon their successors to adhere, and any person or persons, corporation or corporations, partnership or partnerships hereafter becoming the owner or owners, either directly or through any subsequent transfers or in any manner whatsoever of any lots included in SECTION 2, PARK VIE\i ESTATES, shall take, hold and convey same, subject to the following restrictions and limitations, to-wit:
1. Building plan approval
No building shall be erected, placed, or altered on any lot in this subdivision until the building plans, specifications, and plot 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 building with respect to topography and finished grade elevations and to property and building set-back lines; and by a committee composed of JACKIE C. ROGERS, EVELYN A. ROGERS and GARY F. ROGERS, or their authorized representatives, designated by a majority of the members of said committee. In the event of the death, resignation, or unavailability of any member or members of said committee, the remaining member or members shall have full authority to designate a successor. If the aforesaid committee or their designated or authorized representatives fail to approve or disapprove such design or location within 30 days after plans have been submitted to it, or if no suit to enjoin the erection of such building or the making of such alteration has been commenced prior to the completion thereof, such 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 designed representatives, shall be entitled to any compensation for services performed pursuant to this covenant.
2. Commercial.
All of Block 13 of said subdivision shall be known and designated as commercial property and maybe developed for commercial purposes.
3. Multiple-Family Residential.
All of Block 12 of said subdivision shall be known and designated as multiple-family residential property and may be developed for apartments, townhouses or condominiums, duplexes and single-family dwellings.
4. Single-Family
All other lots and blocks of said subdivision shall be known and designated as single-family residential building plots.
5. Lot size adjustments
None of these lots in this Addition shall be subdivided or reduced in size in excess of 4 feet from the dimension as shown on the official plat of said Addition. The purpose of this covenant is to allow and permit minor adjustments between adjacent property Owners, but nothing in this covenant shall prevent an owner from building one dwelling house on two (2) or more lots, or prevent owners of lots from dividing a single lot in half and annexing it to the lot adjoining on each side for the purpose of construction on the adjoining lots a dwelling house, but no more than one dwelling house shall be permitted on any lot so divided and annexed to any adjoining lot.
6. Structural Veneer and Lot coverage
No main residential building shall ever be erected, placed or constructed on any single-family residential building plot in this Subdivision unless at least 70% of the exterior walls thereof be of brick, brick-veneer, stone or stone-veneer, unless said 70% requirement is specifically waived in writing by the building committee referred to in paragraph 1 hereinabove, provided, however, that all windows or doors located in said exterior walls and further provided that where a gable-type roof is constructed, and part of the exterior wall is extended above the interior room ceiling line due to the construction of such gable-type roof, then that portion of such wall extending above the interior room ceiling height may be constructed of wood material, or other suitable exterior wall material and also likewise excluded from the square foot area in determining what constitutes 100% of the exterior walls of said main residential building.
7. Building Setbacks and easements
No building shall be located on any residential building lot nearer than the 25 foot minimum set-back line as shown on the plat, nor further than 35 feet from the front lot line, nor nearer than 25 feet to the rear lot line; and no building shall be located on any building lot nearer than 15 feet to any side street line, nor nearer than 7 feet to any interior lot line. The sum of the side yards on any residential building plot shall be a minimum of 14 feet, and in no instance shall the distance between buildings be less than 14 feet ..
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.
No detached garage shall be permitted in the easements reserved for utilities.
If one structure is placed on two (2) lots, then only the distance from the outside boundary lines apply.
8. Fences, Carports, Temporary dwelling, and Vehicles
No fence, carport, or enclosure of any type or nature whatsoever shall ever be constructed, erected, placed, or maintained forward of the front building limit line or set-back line on each lot as same is shown on the recorded plat of SECTION 2, PARK VIEW ESTATES: provided, however, that it is not the intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front yards. Moreover, no automobile, truck, trailer, tent, or temporary structure of any nature whatsoever shall ever be temporarily or permanently parked, located, or otherwise maintained forward of the front building limit or set-back line on each lot as same is shown on the recorded plat of SECTION 2, PARK. VIEW ESTATES; provided, however, that it is not the intention of this paragraph to exclude the temporary parking of passenger automobiles on any portion of the garage driveway that is located in front of such front building limit or set-back line on each lot.
9. Temporary dwellings
No trailer, easement, tent, shack, garage, barn, vehicle, out-building, or other structure of a temporary character shall be used on any lot at any time as a residence, either temporarily or permanently.
10. Transplanted structures and building materials
No existing structure shall be moved on to any lot in this Addition and all construction shall be of new material except that it may be permissible to utilize used brick for architectural effects and used material on the interior where it is used strictly for decorative purposes or to carry out architectural effects, it being the intention of this covenants to definitely prohibit the moving onto or placing of existing residential structures on any of the lots in SECTION 2, PARK VIEW ESTATES.
11. Structural size restrictions
The total area of a one-story home, exclusive of garages, carports, porches, and basements, shall be not less than 1700 square feet, unless the 1700 square feet minimum is specifically waived in writing by the building committee as mentioned in paragraph 1 hereinabove, but in no event shall the square foot minimum be less than 1600 square feet; the combined area of all levels of a split level home, exclusive of garages, carports, porches, and basements, shall be not less than 1700 square feet; the area of the ground floor of a two-story or two and one-half story home, exclusive of garages, carports, porches, and basements, shall be not less than 1200 square feet; and the total area of a two family duplex, exclusive of garage~ carports, porches and basements, shall not be less than 1200 square feet.
12. Offensive trades, activities, nuisances
No noxious or offensive trade or activity shall be carried on upon any lot in SECTION 2, PARK VIEW ESTATES, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
13. Commercial activities
No professional office, church, business, trade or commercial activities of any sort may ever be conducted on any residential building plot in SECTION 2, PARK VIEW ESTATES.
14. Animals and livestock
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 purposes.
15. Junk vehicles, lot maintenance, and material storage
No building material of any kind or character shall be placed or stored upon the property until the owner is ready to commence improvements and then such material shall be placed within the property lines of the lot upon which the improvements are to be erected.
No machinery or vehicles of any kind that are in a “junk” state, unless garaged, and no nuisance or annoyance to the neighborhood shall be permitted on any lot.
All property must be kept free from undesirable weeds, brush, and high grass and trash and rubbish shall not be permitted to accumulate upon any lot. No person shall cause incineration of trash, garbage or other wastes and the same shall not be permitted in the Addition. Each resident shall provide a trash or garbage container, the same to be of wood or metal construction and to contain a removable can with lid. All areas within such garbage or trash cans are to be stored must be enclosed and such plans and specifications must be approved by the Committee as composed and defined in paragraph 1 hereinabove.
16. Greenbelt maintenance
Jackie C. Rogers and Evelyn A. Rogers, their successors and assigns, will maintain the private recreation area designated in the plat of SECTION 2, PARK VIEW ESTATES until such time as the PARK VIEW ESTATES HOMEOWNER’S ASSOCIATION, or a similar corporation or trust comes into existence, and then said association, corporation or trust will maintain the private recreation areas.
17. Power of Incorporation
At any time on or before August 14, 1976, Jackie C. Rogers and Evelyn A. Rogers may form a corporation, an unincorporated association or trust to be known as PARK VIEW ESTATES HOMEOWNER’S ASSOCIATION, or similar name, as provided in paragraph 16 in those certain Owners Restrictive Covenants and Limitations for PARK VIEW ESTATES ADDITION, dated the 14th day of August, 1973 and recorded August 30 1973 at 199 Misc., Records, at page 261, which said paragraph 16 is incorporated herein and made a part hereof; and reads in full as follows to-wit:
“16. At any time within three (3) years from the filing of the plat for this subdivision; Jackie C. Rogers and Evelyn A. Rogers may form a corporation, unincorporated association, or trust to be known as PARK VIEW ESTATES HOMEOWNER’S ASSOCIATION or by similar name. The general purpose of this association, corporation or trust will be to enforce the restrictions and covenants contained herein and to promote the general welfare of the lot owners in this subdivision. The association, corporation or trust shall have such other purposes and powers, and shall adopt such by-laws and rules as Jackie C. Rogers and Evelyn A. Rogers shall deem necessary and proper. Jackie C. Rogers and Evelyn A. Rogers shall select the first Board of Directors or governing body and the first slate of officers. Upon the formation of such corporation, association or trust, the adoption of by-laws and the election of directors and officers, Jackie C. Rogers and Evelyn A. Rogers shall transfer and convey to said corporation, association or trust, by proper instruments, all of their interest in the ‘park’ areas which have been reserved by them in said PARK VIEW ESTATES. Upon such conveyance and transfer being made, it is hereby granted and extended to said association, corporation or trust, the rights, responsibilities, powers and duties to care for, maintain and regulate the use of all ‘park’ areas. Said association, corporation or trust shall have the power, right and duty to determine, fix, assess and collect from the members of the association, corporation or trust, such dues or assessments as may be necessary to carry out all the purposes of said corporation, association or trust. A lien is hereby expressly declared to exist and continue on all of said land occupied for residential purpose for the amount of such annual charge or assessment so fixed by said association, corporation or trust, until the same is fully paid, it being expressly understood that the cost of the development, improvement and maintenance of said ‘park’ areas shall constitute a prior payment on behalf of Jackie C. Rogers and Evelyn A. Rogers, for any dues that may be assessed against them until the same has been conveyed or occupied for residential purposes. The association, corporation or trust, is hereby given the right, power and authority to enforce the collection of such charges and assessments if not paid within the time to be fixed by it, by proceeding in any Court of proper jurisdiction in Payne County, Oklahoma, the same as other liens are enforced on lands located in said County, and said lien created for such charge or assessment, as aforesaid, shall cover and include a penalty to be established by the association, corporation or trust, and all costs, including a reasonable attorney’s fee incurred in enforcing same. Each owner of a residential building site and successive, buyers thereof shall be a member of said association, corporation, or trust, and although this declaration includes only the real property described in the plat presently on file in the Office of the County Clerk, Payne County, Oklahoma, it is the intention of Jackie C. Rogers and Evelyn A. Rogers to cause additional declarations to be filed with respect to the remainder of their land situated in the NE/4 of Section 35, Township 20 North, Range 2 East of the Indian Meridian, Payne County, Oklahoma, which additional declaration will be complimentary in concept to this declaration, and which future declarations will provide for the addition of owners in such other areas as members of the association, corporation or trust. In the event Jackie C. Rogers or Evelyn A. Rogers fail to establish such association, corporation or trust within said three (3) year period, the majority of the then owners of the lots in this subdivision (each lot entitling the owner to one (1) vote) may form such association corporation or trust, adopt by-laws and elect directors and officers. Upon such action, Jackie C. Rogers and Evelyn A. Rogers shall effect the transfers and conveyances referred to above in this paragraph with the same force and effect and with the same results set forth herein.’
Provided, however, that in this subdivision, namely, SECTION 2, PARK VIEW ESTATES, only those owners of single-family or two family residential building sites upon which residential dwellings have been constructed, or are being constructed, and successive buyers thereof shall be members of said association, corporation or trust.
18. Duration of Restrictive Covenants and Limitations
The foregoing covenants and restrictions are to run with the land and shall be binding on all persons and parties claiming under them until January 1, 1985, at which time the said covenants be automatically extended for successive periods of 10 years, unless by a majority vote of the then lot owners it is agreed to change or abrogate said covenants in part or in whole.
19. Enforcement Powers
Should the owner and/or tenants of any lot or lots in SECTION 2, PARK VIEW ESTATES violate any of the restrictive covenants and/or conditions herein, and thereafter refuse to correct same and to abide by said restrictions and conditions contained herein, after reasonable notice, then in such event any owner or owners of any lot in SECTION 2, PARK VIEW ESTATES may institute legal proceedings to enjoin, abate and/or correct such violation or such restrictions or violations, and the owner of the lot or lots permitting the violation or such restrictions and/or conditions shall pay all attorney fees, court costs, and other expenses necessarily incurred to the person instituting such legal proceedings to maintain and enforce the aforesaid restrictions and conditions, said attorney fees, court costs, and other expenses allowed and assessed by the Court, for the aforesaid violation or violations, shall become a lien upon the lands as of the date legal proceedings were originally instituted; and said lien shall be subject to foreclosure in such action so brought to enforce such restrictions in the same manner as liens upon real estates, the procedure of which is fixed by statute.
20. Savings Clause
Invalidation of anyone of these covenants by judgments or by court order shall in no way affect any of the other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands this 23rd day of April, 1974.
JACKIE C. ROGERS
EVELYN A. ROGERS
ACKNOWLEDGED:
On this 23rd day of April, 1974, by Jackie c. Rogers and Evelyn A. Rogers, husband and wife, before Linda Shipley, Notary Public, Payne County, Oklahoma. Seal affixed and commission expiring 1-16-75.