PROPERTY DETAILS
Address, Tahlequah, OK
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
successors
in
title
to
the
subdivision
of
said
tract,
the
following
restrictions
and
reservations
are
imposed
to
which
it
shall
be
encumbent
on
our
successors,
grantees
and
assigns
to
adhere:
1. Architectural Committee:
a The
Architectural
Committee’s
purpose
is
to
promote
good
design
and
compatibility
within
the
subdivision,
and
in
its
review
of
plans
or
determination
of
any
waiver
as
hereinafter
authorized,
the
Architectural
Committee
may
take
into
consideration
the
nature
and
character
of
the
proposed
building
or
structure,
the
materials
of
which
it
is
to
be
built,
the
availability
of
alternative
materials,
the
site
upon
which
it
is
proposed
to
be
erected,
and
the
harmony
thereof
with
the
surrounding
area.
The
Architectural
Committee
shall
not
be
liable
for
any
approval,
disapproval,
or
failure
to
approve
hereunder,
and
its
approval
of
building
plans
shall
not
constitute
a
warranty
or
responsibility
for
building
methods,
materials,
procedures,
structural
design,
grading
or
drainage,
or
code
violations.
The
approval,
disapproval,
or
failure
to
approve
any
building
plans
or
other
submittals,
shall
not
be
deemed
a
waiver
of
any
restriction,
unless
the
Architectural
Committee
is
hereinafter
authorized
to
grant
the
particular
waiver.
Nothing
herein
contained
shall
be
deemed
to
prevent
any
lot
owner
in
the
subdivision
from
prosecuting
any
legal
action
relating
to
improvements
within
the
subdivision
which
they
would
otherwise
be
entitled
to
prosecute.
b There is hereby established an Architectural
Committee
consisting
of
Kirk
E.
Boatright,
Linda
K.
Boatright,
Ann
Marie
Ryals
and
Neal
K.
Boatright,
or
their
duly
authorized
representative,
representatives
or
successors.
In
the
event
of
the
death
or
resignation
of
any
member
of
the
above
named
committee,
the
remaining
member
or
members
shall
have
full
authority
to
approve
or
disapprove
such
plans,
specifications,
color
scheme,
materials
and
plot
plan,
or
to
designate
a
representative
or
representatives
with
the
like
authority
and
said
remaining
member
or
members
shall
have
authority
to
fill
any
vacancy
or
vacancies
created
by
the
death
or
resignation
of
any
of
the
aforesaid
members
and
said
newly
appointed
member
or
members
shall
have
the
same
authority
hereunder
as
their
predecessors,
as
above
set
forth.
No
building,
fence,
wall,
or
driveway
shall
be
erected,
placed
or
altered
on
any
lot
in
the
subdivision
until
the
plans
and
specifications
therefore
have
been
approved
in
writing
by
any
one
of
the
members
of
the
Architectural
Committee.
For
each
building,
the
required
plans
and
specifications
shall
be
submitted
to
the
Architectural
Committee
and
shall
include
a
floor
plan,
exterior
elevation,
plot
plan
depicting
the
facing
of
the
building,
drainage
and
grading
plans,
and
exterior
materials
and
color
scheme.
In
the
event
the
Architectural
Committee
fails
to
approve
or
disapprove
any
such
plans,
specifications,
color
scheme,
materials
and
plot
plans
submitted
to
it
as
herein
required
within
fourteen
(14)
days
after
such
submission,
or
in
the
event
no
suit
to
enjoin
the
erection,
placement
or
alteration
of
such
building,
fence,
wall
or
driveway
has
been
commenced
prior
to
the
30th
day
following
completion
thereof,
such
approval
shall
not
be
required
and
this
covenant
shall
be
deemed
to
have
been
fully
complied
with.
c
The
powers
and
duties
of
the
Architectural
Committee
shall
cease
on
the
1st
day
when
ninety
percent
(90%)
of
the
lots
have
been
closed.
2. All lots within the subdivision shall be known
and
designated
as
residential
building
lots.
No
structure
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
and
one-half
stories
in
height
and
an
enclosed
garage
attached
thereto
for
not
fewer
than
two
automobiles
nor
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. 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.
3. 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.
In
no
event
shall
the
distance
between
buildings
be
less
than
10
feet
at
the
front
building
line.
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.
4. No
building
or
structure
shall
be
placed,
erected,
or
used
in
whole
or
in
part,
for
any
business,
professional,
trade,
or
commercial
purpose
on
any
portion
of
any
lot
in
this
subdivision.
No
noxious
or
offensive
activity
shall
be
carried
on
upon
any
lot
nor
shall
anything
be
done
thereon
which
may
be
or
may
become
an
annoyance
or
nuisance
to
the
neighborhood.
5. No
structure
of
a
temporary
character,
trailer,
basement,
tent,
shack,
garage,
barn
or
other
outbuildings
shall
be
used
on
any
lot
at
any
time
as
a
residence,
either
temporarily
or
permanently.
6. No
recreational
vehicle
shall
be
parked
in
front
of
the
front
building
line
or
within
view
from
a
street,
except
on
a
temporary
basis
for
a
period
of
no
more
than
3
consecutive
days.
No
trucks
in
excess
of
ľ
ton,
trail
bikes,
recreational
vehicles,
motor
homes,
motor
coaches,
campers,
trailers,
golf
carts,
motorcycles,
bicycles,
boats
or
boat
trailers
or
similar
vehicles
(other
than
passenger
automobiles,
pickup
trucks,
and
vans
with
a
capacity
of
ľ
ton
or
less)
nor
any
other
motorized
vehicles
will
be
parked,
stored
or
in
any
manner
kept
or
placed
on
any
portion
of
a
lot
unless
enclosed
in
a
garage
or
screened
from
view
from
a
street.
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.
7. No
building
shall
be
moved
onto
any
lot.
A
detached
storage
building
or
a
detached
garage
for
not
more
than
two
automobiles
shall
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
the
same
character
and
construction
design
as
the
existing
residence.
8. All exterior walls of all dwellings, garages, and other buildings
shall
be
natural
stone
(not
manufactured
or
synthetic
stone,
unless
approved
by
the
Architectural
Committee),
brick,
or
quality
siding
such
as
“Smart
Side”
or
“HardiePlank”
(others
must
be
approved
by
the
Architectural
Committee).
No stucco, vinyl or metal siding may be used.
The
color
of
the
exterior
of
such
structures
shall
be
compatible,
coordinated,
and
harmonious
with
the
natural
stone,
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
colored
siding
materials.
9. Metal
roofs
will
not
be
permitted
on
any
structure
erected
on
any
lot.
Only
roof
colors
found
in
nature,
such
as
shades
of
gray,
brown,
or
black
will
be
allowed.
(Composition
shingles
should
be
at
least
30-year
shingles.)
No
white
shingles
will
be
used
on
any
residence.
The
roof
pitch
or
slope
for
any
structure
erected
on
any
lot
shall
have
a
minimum
rise
of
9/12
over
75%
of
the
total
roof
area.
A
roof
pitch
of
less
than
6/12
is
not
permitted
except
for
porches
or
covered
patios
which
may
have
a
minimum
pitch
of
4/12.
Approval
may
be
granted
when
deemed
appropriate
by
the
committee
to
recognize
historical
architectural
styles,
or
significant
physical
characteristics
of
a
house
plan
or
building
site.
10. The
floor
area
of
the
main
residence,
exclusive
of
porches
and
garage,
shall
be
not
less
than
2,000
square
feet
of
finished
heated
living
area,
and
the
ground
floor
level
of
not
less
than
1,500
square
feet
of
finished
heated
living
area
on
residences
with
more
than
one
level.
The
computation
of
living
area
shall
not
include
any
basement
or
attic
area
used
for
storage.
11.
All
fireplace
chimneys
fronting
on
any
street,
whether
pre-fab
or
full
masonry,
shall
be
veneered
with
brick
or
natural
stone.
12. The
frames
of
aluminum
windows
shall
be
either
anodized
or
electrostatically
painted.
No
unfinished
aluminum
will
be
permitted
for
window
framing.
13. No fence
or
wall
shall
exceed
6
feet
in
height.
Fences
or
walls
shall
be
of
wood,
brick,
stone,
wrought
iron
or
other
ornamental
fencing.
No
chain
link
fencing
shall
be
placed
on
any
lot
for
any
purpose.
Wood
privacy
fences
and
coated
chain
link
fencing
with
wood
posts
and
rails
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
fence
shall
be
constructed
within
3
feet
of
any
concrete
drainage
structure.
14. No
clotheslines,
drying
yards,
service
yards,
woodpiles
or
storage
areas
shall
be
so
located
as
to
be
visible
from
a
street.
15. No
detached
garage
or
other
outbuilding
shall
be
permitted
on
the
easements
reserved
for
utilities
or
drainage.
16. Mailboxes,
if
permitted
by
U.S.
Postal
Code,
should
be
constructed
of
brick
or
natural
stone,
and
of
the
same
material
as
the
main
residence.
17. Building
materials
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.
All
other
improvements
or
structures
commenced
on
a
lot
will
be
completed
within
6
months
after
commencement.
18. 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
the
current
lot
owner.
No
portion
of
any
adjoining
lot
or
tract
will
be
disturbed
or
the
topography
changed
which
does
not
belong
to
the
current
lot
owner.
No
trash,
ashes,
garbage,
construction
materials
or
other
refuse
will
be
thrown
or
dumped
on
any
land
or
lot
within
the
subdivision.
There
will
be
no
burning
or
other
disposal
of
refuse
out
of
doors.
Outside
storage
of
building
materials,
old
cars,
or
other
salvage
shall
not
be
permitted.
19. All
electrical,
television,
natural
gas
and
telephone
service
installations
will
be
placed
underground.
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.
20. Outdoor
swimming
pools
shall
be
in-ground
and
permanent.
Children’s
wading
or
play
pools
and
soft-side
pools
of
a
temporary
nature
are
permitted.
Lots
with
swimming
pools
shall
provide
sufficient
security
fencing.
Swimming
pools
and
soft-side
pools
and
ancillary
equipment
shall
be
shielded
from
view
of
the
adjacent
property
owners
and
the
street.
21. Sod
grass
will
be
laid
upon
a
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.
22. 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.
23. No sign
of
any
kind
shall
be
displayed
to
the
public
view
on
any
lot,
except
one
professional
sign
of
no
more
than
one
square
foot
displaying
the
property
address
and
except
one
professional
sign
of
not
more
than
five
square
feet
advertising
the
property
for
sale
during
construction
or
sales
period.
24. No yard
ornaments
in
excess
of
24
inches
in
height,
animal
statues,
portable
basketball
structures,
or
plastic
vivid
colored
playground
equipment
will
be
placed
on
any
lot
in
view
of
a
street.
Permanently
installed
basketball
structures
will
be
allowed,
provided
such
are
located
no
closer
than
20
feet
from
a
street.
25. During
the
time
of
construction,
and
prior
to
completion
of
a
residence,
each
owner
shall
have
professionally
constructed
a
concrete
sidewalk
fronting
all
street(s)
which
is
42
inches
in
width
with
a
minimum
depth
of
4
inches.
Said
sidewalk
shall
be
located
24
inches
behind
the
curb
back,
except
where
diverted
around
trees
or
locations
of
utility
access.
Sidewalks
shall
have
an
elevation
of
no
more
or
less
than
3
inches
above
or
below
the
curb
top,
have
expansion
cuts
every
4
feet,
and
run
the
entire
width
of
the
plot.
A
plot
is
defined
as
all
adjoining
lots,
or
portions
thereof,
belonging
to
or
later
acquired
by
the
same
owner.
If
an
additional
lot,
or
portion
thereof,
is
later
acquired
by
a
lot
owner
which
joins
a
current
plot
with
an
existing
residence,
then
such
additional
lot,
or
portions
thereof,
shall
have
a
sidewalk
constructed
upon
the
lot
acquired
within
120
days
of
the
acquisition.
No
structures
or
fixtures
of
a
permanent
or
temporary
nature
will
be
allowed
that
block
the
sidewalk
which
would
result
in
a
pedestrian
to
be
forced
to
leave
the
sidewalk.
Driveways
and
sidewalks
must
meet
City
of
Tahlequah
Code
requirements
and
shall
be
professionally
constructed
or
modified
with
approval
of
the
Architectural
Committee.
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
be
limited
to,
the
following:
a)
prompt
removal
of
all
litter,
trash,
refuse,
and
waste;
b)
lawn
mowing
and
edging;
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. In the
event
an
owner
leases
their
residence,
the
owner
has
an
affirmative
duty
to
notify
the
tenant
of
the
terms
and
conditions
of
the
restrictive
covenants
set
forth
herein.
A
copy
of
the
restrictive
covenants
shall
be
provided
by
owner
to
tenant.
The
owner
shall
insure
that
the
tenant
complies
with
the
covenants
and
requirements
herein,
and
shall
provide
the
undersigned
owner/developer
with
the
name
and
phone
number
of
the
tenant
and
the
address
and
phone
number
where
the
lot
owner
can
be
contacted
in
the
event
any
problems
regarding
compliance
with
the
covenants
or
other
requirements
set
forth
herein
occur.
The
owner
acknowledges
he/she
is
aware
that
compliance
with
the
terms
and
conditions
of
the
covenants
is
ultimately
the
responsibility
of
the
owner,
regardless
of
any
agreement
between
the
owner
and
the
tenant
and
any
action
or
inaction
on
the
part
of
the
tenant.
29. 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.
30. 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,
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
persons
violating
or
attempting
to
violate
any
such
covenant,
and
either
to
prevent
him
or
them
from
so
doing
or
to
recover
damages
or
other
dues
for
such
violations.
Any
party
prosecuting
any
such
suite
successfully
shall
be
entitled
to
recover,
in
addition
to
other
damages,
all
reasonable
attorney
fees
and
court
costs
incurred
in
such
litigation.
31. 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.
