KENDALL ESTATES PROTECTIVE COVENANTS

Stone Chapel Road - Keys Area TAHLEQUAH, OK

Protective Covenants for Kendall Estates

                For the purpose of an orderly development of the entire tract of land for the future purpose of providing adequate restrictive covenants for the mutual benefit of successors in title to the subdivision of said tract, the following restrictions are imposed to which it shall be incumbent on our successors to adhere:

1.  All lots within the subdivision shall be known and designated as residential building lots. No structure for living purposes 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 including an enclosed garage attached thereto for not less than two automobiles or more than three automobiles, and other outbuildings incidental to the residential use of such plot as set forth hereinafter. No open carports will be constructed on any lot nearer the front building set back line designated on recorded plat. Once any part of the dwelling or any other structure is used for the purpose of a garage, thereafter it shall be prohibited from conversion to living space, separate living quarters, or other integral part of the living area.

2. 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 set back line 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 25 feet to the front lot line on those lots which are located at cul-de-sac. A plot is defined as all adjoining lots, or portions thereof, belonging to or later acquired by the same owner. No dwelling, detached garage or other building shall be located nearer than 5 feet to a side lot line unless built on multiple lots or more than one lot, and in such case, not nearer than 5 feet to the side property line of such plot.

3. No business, trade or activity shall be carried on upon any residential lot. No noxious or offensive activity shall be carried on upon a lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

4. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other out buildings shall be used on any lot at any time as a residence, either temporarily or permanently.

5. No recreational vehicle shall be parked in front of the front building line except on a temporary basis for a period of no more than 3 consecutive days. No trucks in excess of ¾ ton, trial bikes, recreational vehicles, motor homes, motor coaches, campers, trailer, golf carts, motorcycles, bicycles, boats or boat trailer or similar vehicles other than passenger automobiles, pickup trucks, and vans with a capacity of ¾ ton or less or any other motorized vehicles will be parked, stored or in any manner kept or placed on any lot nearer the front building set back line. This restriction, however, will not be deemed to prohibit commercial and construction vehicles, in the ordinary course of business, from making deliveries or otherwise providing services to a property owner.

6. No building shall be moved onto any lot. A detached storage building or a detached garage will be permitted, provided same is built on site at the same time or after construction of a residence in a location behind the existing residence. The exterior of such storage building or detached garage shall be of same character and construction design to the existing residence or of metal earth tone colors. No galvanized or solid color schemes.

7. Lot 1 which boards along entrance and county road shall not use said road for purpose of ingress and egress to or from lot. All residences shall be constructed on the plot whereas they face the 25 foot build back lines and shall not be built whereby they face the side lot line.

8. All front and side exterior walls of all residential dwellings shall be at least 60% masonry construction, stone, stucco, or brick. All exterior fireplace walls that are visible from view of any street must be masonry construction, stone, stucco, brick or siding. The color of the exterior of such structures shall be compatible, coordinated, and harmonious with the stone, stucco, or brick and other features of the structures in contrast with the natural setting of the area in which the structures are situated. Vivid or strong colors including, but not limited to turquoise, pink, purple, orange, bright yellow and bright blue will not be used on exterior painted or any colored siding materials. Developer must approve all building blue prints for any dwelling erected on any lot in subdivision.

9. Metal roofs will not be permitted on any residential structure erected on any lot. Only shingled roof colors found in nature such as shades of gray, brown, or black will be allowed. No white shingles will be used on any structure. The roof pitch or slope for any residential structure erected on any lot shall have a minimum rise of 6/12, meaning that the slope or pitch must have a vertical rise of no less than 6 inches for each 12 inch horizontal distance.

10. The floor area of the main residence, exclusive of porches and garage, shall not be less than 1500 square feet, and the ground floor level of not less than 1200 square feet on residences with more than one level.

11. No all metal chain link fences, or pens for purposes of containing dogs or other animals, will be allowed nearer the front building set back line on any lot. Wood privacy fences, prefabricated privacy fencing, vinyl fencing and chain link fencing shall be allowed. No fences or walls 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, except decorative walls or planters which may extend not more than 10 feet in front of the front building line. No fences shall be constructed within 3 feet of any concrete drainage structure. Fencing located at the boundary of a lot which is constructed by the developer, if any, shall become a part of the property and shall remain in the location as constructed in the same type and nature, and shall be maintained in good repair by all subsequent owners to the property.

12. No clothes lines, drying yards, service yards, wood piles or storage areas shall be so located as to be visible from a street.

13. No detached garage or other outbuilding shall be permitted on the easements reserved for utilities or drainage.

14. Mailboxes for a residence should be constructed of wood, fiberglass, or plastic posts, or of the same material as the main residence.

15. Building material may be stored for a period of 30 days prior to the start of construction. Construction of a residence must be completed within 18 months after commencement.

16. Prior to time of construction, during and/or after construction, no rocks, earth, debris, downed trees, land fill, sand, construction materials or equipment will be placed, parked, or stored on adjoining property or lots which do not belong to current lot owner. No trash, ashes, garbage, construction materials other refuse will be thrown or dumped on any land or lot within the subdivision. There will be no burning or other disposal or refuse out of doors, except the developer may burn timber from clearing right of ways during development of the subdivision. Outside storage of building materials, old cars, or other salvage, shall not be permitted.

17. All electrical, television, natural gas and television service installations to residence will be placed underground. With the exception of LREC primary service located in utility easement. There will be no visible towers or television antennas installed on any structure, nor will television satellites be installed where such is visible from a street.

18. No above ground swimming pools will be placed in front of the front building set back line.

19. Sod grass will be laid upon plot within 30 days from completion of a residence and each residence or any structure will be landscaped on all sides facing a street within 6 months of completion of construction.

20. Each lot owner will be responsible to insure that proper interior lot drainage will be established whereas the drainage will be designed to flow to the street or established drainage reserves and shall not drain upon, interfere with, cause water runoff, or produce water erosion damage to or upon an adjoining lot.

21. No sign of any kind shall be displayed to the public view on any lot, except one professional sign of no more than three square foot displaying the property address or one professional sign of not more than five square feet advertising the property for sale during construction or sales period.

22. No yard ornaments in excess of 24 inches in height, animal statues, portable basketball structures, or plastic vivid colored playground equipment will be placed nearer the front building set back line.  Permanently installed basketball structures will be allowed, provided such located no closer than 20 feet from a street.

23. Green area, as identified on the Kendall Estates Plat, shall be dedicated to the Public, and shall be maintained by the owners of lots within the subdivision as further provided hereinafter in Paragraph 24.

24. It shall be cooperative responsibility of each and all owners of developed lots within the subdivision to maintain the entry way along of Stone Chapel Road and S 505 Road, and the entry along the entire east side of S 505 Road.

      It shall be all the cooperative effort of each and all owners of developed lots within the subdivision to maintain the entry ways, cul-de-sacs, right-of-ways, and dedicated tracts as referenced above including landscape, brick columns, subdivision logo signs, fences along roads, entry lights and fixtures, if any, and pay the utilities for such.

     In order to provide common maintenance for the benefit of the lots in the subdivision, each owner of a developed lot shall pay an annual maintenance fee on January 1 of every year in the amount of ($100.00) one hundred dollars, or such reasonable amount as may be deemed necessary, per developed lot owned, weather such ownership is by the developer, building contractor in process of construction of improvements, or individual, to a committee of two (2) Trustees. A “developed lot” is a lot, whether containing improvements or not, that has been plated and filled at the county of Cherokee, Oklahoma. It shall be the fiduciary duty of the Trustees to coordinate collection of the annual fees and to maintain those items set forth above and to pay for such utilities. The original Trustees shall be Justin Buford and Kendall Buford, who shall remain Trustees until such time as he or she shall resign, assign his or her position, or is removed and replaced in an election called for said purpose. If a Trustee should resign, then the remaining Trustee should fill the vacant position, or may conduct an election to replace a current Trustee. A Trustee may be removed by written request for removal signed by five percent (%5) of the owners of lots within the subdivision, and in such case nominations and an election shall be held for a replacement Trustee within sixty (60) days from receipt of such written request. Nominations for a replacement Trustee may be made by any owner of a lot within the subdivision and the election shall be conducted by the Trustee Committee with a new Trustee elected by a majority of the votes of all of the lot owners voting in said election, with a lot owner having the same number of votes as the number of whole lots owned by said lot owner. The cost of the election shall be paid from the Kendall Estates maintenance funds.

     The nature, design and landscaping of the entry ways, signs, brick columns, fences, roads, right-of-ways and cul-de-sac planter shall not be from the original of the developer without the written approval of the owners of a majority of the lots within the subdivision. All other fences, if any, installed by the developer shall become the ownership and responsibility of each lot owner in which a fence is located, including the maintenance of any such fence in good condition in accordance with the original design, material, construction, and location.

25. No oil drilling, oil development, or mining operations will be carried on within the development.

26. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot; except that dogs, cats or other normal household pets may be kept, provided that they are not kept, bred or maintained for any commercial use, and provided they are kept within fenced areas. Under no condition, shall a pet be allowed to roam freely throughout the subdivision unless accompanied by the pet owner.

27. Each owner and occupant of any part of a lot shall jointly and severally have the responsibility  and duty at their sole cost and expense, to keep each lot and any improvements thereon maintained including buildings, improvements, and grounds in a well-maintained, safe, clean, and attractive condition at all times. Maintenance shall include, but not limited to, the following; (a.) prompt removal of all litter, trash, refuse, and waste; (b.) lawn mowing and edging along all concrete driveways, sidewalks, and or curb; (c.) tree and shrub pruning; (d.) watering; (e.) maintaining exterior lighting and mechanical facilities in good working order; (f.) maintaining lawn and landscape alive, free of weeds, and attractive; (g.) maintaining parking areas, driveways, and walkways in good repair; (h.) complying with all governmental, health, and police requirements; (i.) repainting of improvements; (j.) immediate repair of any and all exterior damage to dwellings or improvements. Any and all exterior lighting installed on any lot shall either be indirect or of such controlled focus and intensity as not to disturb the residents, street traffic, or adjacent property owners.

28. These covenants shall run with the land and shall be binding on all parties, all lot owners, and all persons claiming under them until December 31, 2019, at which time said covenants shall be automatically extended for successive periods of 10 years unless an instrument in writing signed by the record owners of %70 of the lots has been recorded agreeing to change said covenants in whole or in part.

29. If the parties hereto or any of them, their heirs, assigns, or successors, or any lot owners or persons claiming under them shall violate or attempt to violate any of the covenants herein, is shall be lawful for any other persons owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the persons violating or attempting to violate any such covenant, and either to prevent him, or them from doing or to recover damages, a reasonable attorney fees and court costs incurred in such litigation.

30. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.