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FIELDSTONE ESTATES Rogers County, State of Oklahoma
THE FIELDSTONE ESTATES IS AN AREA OF DISTINCTIVE LANDSCAPE
AND NATURAL BEAUTY. IT IS THE DESIRE AND INTENT OF THE DEVELOPER TO CREATE A
COMMUNITY IN WHICH SUCH BEAUTY SHALL BE SUBSTANTIALLY PRESERVED AND ENHANCED BY
THE CREATION AND ENFORCEMENT OF DEVELOPMENT STANDARDS. THE DEVELOPER, DESIRING TO ESTABLISH A COMPATIBLE SYSTEM OF
DEVELOPMENT AND PRESERVE THE CHARACTER OF THE FIELDSTONE ESTATES, DOES HEREBY
DECLARE AND ESTABLISH THE FOLLOWING RESTRICTIONS, CONDITIONS AND PROTECTIVE
COVENANTS, TO WHICH ALL PROPERTIES IN THIS ADDITION ARE SUBJECT: LOT USE. PREMISES ARE CONVEYED AND SHALL BE USED ONLY
FOR RESIDENTIAL SINGLE - FAMILY PURPOSES. NO LOT SHALL BE USED FOR ANY BUSINESS,
COMMERCIAL OR MANUFACTURING PURPOSE. NO LOT MAY BE SUBDIVIDED TO ACCOMMODATE TWO
OR MORE SEPARATE OWNERS OR DWELLINGS. NO STRUCTURE SHALL BE PLACED, ALTERED,
ERECTED OR PERMITTED TO REMAIN ON ANY LOT WHICH EXCEEDS TWO (2) STORIES IN
HEIGHT. NO DWELLING OF ANY TYPE MAY BE MOVED INTO THE FIELDSTONE ESTATES.
DWELLING. NO STRUCTURE OF A TEMPORARY CHARACTER MAY BE USED AS A RESIDENCE. NO MANUFACTURED OR MOBILE HOME SHALL BE MOVED INTO OR BE PRESENT IN FIELDSTONE ESTATES. UNLESS WAIVED BY THE DEVELOPER IN WRITING, THE FOLLOWING STANDARDS SHALL APPLY TO ALL DWELLINGS IN THE ADDITION. DWELLING SIZE. ALL DWELLINGS SHALL HAVE A MINIMUM
LIVING SPACE OF AT LEAST EIGHTEEN HUNDRED (1,800) SQUARE FEET. SQUARE FOOTAGE
SHALL BE COMPUTED ON MEASUREMENTS OVER FRAME OF THE LIVING SPACE EXCLUSIVE OF
PORCHES, PATIOS, AND GARAGES. MASONRY. ALL DWELLINGS SHALL HAVE AT LEAST THIRTY
PERCENT (30%) OF THE EXTERIOR WALLS THEREOF COMPRISED OF STUCCO, BRICK OR STONE;
PROVIDED, HOWEVER, THAT THE AREA OF ALL COVERED PORCHES, WINDOWS AND DOORS
LOCATED IN THE EXTERIOR WALLS SHALL BE EXCLUDED IN THE DETERMINATION ON THE AREA
OF SAID EXTERIOR WALLS. IN ALL CASES, THE MASONRY SHALL EXTEND TO THE GROUND
LINE, WHEREBY THE FOUNDATION SHALL BE CONCEALED. ANY DEVIATION OF EXTERIOR
CONSTRUCTION MATERIALS SHALL BE PERMITTED ONLY UPON THE WRITTEN CONSENT OF THE
DEVELOPER. GARAGES. ALL DWELLINGS SHALL HAVE ATTACHED OR
UNATTACHED GARAGES SUITABLE FOR ACCOMMODATING A MINIMUM OF TWO (2) STANDARD SIZE
AUTOMOBILES. ALL GARAGES SHALL BE ACCESSED BY AN OVERHEAD GARAGE DOOR. NO GLASS,
PLASTIC OR OTHER TRANSPARENT MATERIAL SHALL BE PERMITTED FOR USE IN OVERHEAD
GARAGE DOOR. NO GARAGES SHALL BE LARGER THAN ACCOMMODATIONS FOR THREE (3)
STANDARD SIZE AUTOMOBILES. DRIVEWAYS, SIDEWALKS. ALL DRIVEWAYS INTO A LOT FROM
ANY STREET SHALL BE CONSTRUCTED OF CONCRETE AND SHALL NOT BE LESS THAN EIGHTEEN
(18) FEET IN WIDTH, AND FLANKED WITH HEADWALLS CONSTRUCTED OF BRICK, STONE OR
STUCCO. HEADWALLS TO MEASURE EIGHT FEET (8') IN LENGTH, ONE FEET (1') IN HEIGHT
ABOVE FINISHED STREET LEVEL AND CENTERED OVER DITCH LINE. FOUR FOOT (4') WIDE
CONCRETE SIDEWALKS ARE TO BE INSTALLED ALONG THE STREET FRONTAGE OF EACH LOT.
SIDEWALKS SHALL BE SIX INCHES (6") INSIDE THE PROPERTY LINE OF EACH LOT FROM THE
DEDICATED STREET RIGHT-OF-WAY IN ACCORDANCE WITH THE FIELDSTONE ESTATES STREET
CONSTRUCTION PLANS AND ARE TO BE INSTALLED BY THE LOT OWNER PRIOR TO THE
COMPLETION OF THE DWELLING. MAILBOXES,. ALL MAILBOXES SHALL BE CONSTRUCTED OF
STUCCO, BRICK OR STONE AND CONFORM TO THE STYLE OF THE HOUSE. ROOF PITCH AND EXTERIOR SIDING. THE ROOF OF THE
DWELLING SHALL HAVE A PITCH OF AT LEAST 7/12 OVER SEVENTY-FIVE PERCENT (75%) OF
THE TOTAL ROOF AREA, AND NONE OF THE ROOF AREA SHALL HAVE A PITCH OF LESS THAN
4/12. THE ROOF MUST BE LAMINATED, HERITAGE II SHINGLES, OR EQUAL TO, GREY TO
BLACK BLEND IN COLOR. EXTERIOR SIDING SHALL BE HORIZONTAL WOOD OR APPROVED
PRE-MANUFACTURED CLAP BOARD WITH A MAXIMUM WIDTH OF EIGHT INCHES ( 8") TO THE
WEATHER. VINYL AND ALUMINUM SIDING ARE PROHIBITED WITHOUT THE CONSENT OF THE
ARCHITECTURAL COMMITTEE. SODDING; LANDSCAPING. THE YARD OF EACH LOT MUST BE SODDED THE FULL WIDTH AND FROM BACK CORNERS OF HOUSE TO STREET. TWO (2) TREES WITH A MINIMUM HEIGHT OF SIX FEET (6') TO EIGHT (8') (1½" to 2") SHALL BE PLANTED A DISTANCE OF TWENTY (20') BACK FROM FRONT PROPERTY LINE (45' FROM CENTER LINE OF STREET) AND SPACED AS EQUALLY AS POSSIBLE ACROSS FRONT OF LOT. CORNER LOTS SHALL PLANT TWO (2) TREES ON THE FRONT AND TWO (2) ON THE SIDE OF THE LOT FACING STREET. LOTS WITH LESS THAN SEVENTY-FIVE (75') OF LOT FRONTAGE SHALL BE THE EXCEPTION, WHERE ONE TREE SHALL BE PLANTED.
ARCHITECTURAL COMMITTEE, APPROVAL OF PLANS. THE
ARCHITECTURAL COMMITTEE SHALL BE COMPRISED OF JIM D. ROBERTS, KENNETH COOPER AND
KENNY JONES, OR THEIR DULY AUTHORIZED REPRESENTATIVES, OR SUCCESSORS. NO
BUILDING SHALL BE ERECTED, PLACED OR ALTERED ON ANY LOT IN THE FIELDSTONE
ESTATES UNTIL THE BUILDING PLANS SPECIFICATIONS AND PLOT PLAN HAVE BEEN APPROVED
IN WRITING BY A MAJORITY OF THE ARCHITECTURAL COMMITTEE, WHICH RESERVES POWER TO
CONTROL THE BUILDINGS, STRUCTURES AND OTHER IMPROVEMENTS PLACED ON EACH LOT, AS
WELL AS TO MAKE SUCH EXCEPTIONS TO THESE COVENANTS AS THE COMMITTEE SHALL DEEM
NECESSARY AND PROPER. IN ITS REVIEW OF PLANS OR CONSIDERATION OF ANY REQUEST FOR
WAIVER HEREIN AUTHORIZED, THE 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 CONSTRUCTED, AND THE HARMONY THEREOF WITH THE SURROUNDING
AREA. CODE COMPLIANCE. THE APPROVAL, OR FAILURE TO APPROVE OF ANY
BUILDING PLANS SHALL NOT BE DEEMED A WAIVER OF ANY RESTRICTIONS, UNLESS THE
DEVELOPER IS HEREIN AUTHORIZED TO GRANT THE WAIVER. NO RESIDENCE, ACCESSORY STRUCTURE, FENCE, WALL OR MAILBOX
SHALL BE ERECTED, PLACED OR ALTERED ON ANY LOT IN THE ADDITION UNTIL THE PLANS
AND SPECIFICATIONS THEREOF HAVE BEEN APPROVED IN WRITING BY THE DEVELOPER.
THE REQUIRED PLANS AND SPECIFICATIONS SHALL BE SUBMITTED TO
THE DEVELOPER IN DUPLICATE AND SHALL HAVE THE FOLLOWING EXHIBITS ATTACHED
THERETO. A. SITE PLAN SHOWING THE LOCATION AND ORIENTATION OF ALL
IMPROVEMENTS; B. FULL WORKING DRAWINGS WITH FLOOR PLAN AND ALL ELEVATIONS,
C. SPECIFICATIONS IDENTIFYING ALL EXTERIOR MATERIALS TO BE
USED. SUBMISSION OF THE COLOR SCHEME FOR ALL EXTERIOR MATERIALS MAY BE DEFERRED
UNTIL SUCH TIME AS IS AT LEAST TEN (10) DAYS PRIOR TO APPLICATION OF SAID
MATERIALS; D. IN THE EVENT THE DEVELOPER FAILS TO APPROVE AND SUCH
PLANS, SPECIFICATIONS, COLOR SCHEME, DETAILS AND SITE PLANS SUBMITTED TO IT AS
HEREIN REQUIRED WITHIN 10 DAYS OF SUCH SUBMISSION, ALL COVENANTS SHALL BE DEEMED
TO BE FULLY COMPLIED WITH. 4. OUTBUILDINGS. OUTBUILDINGS MAY BE ERECTED ON ANY
LOT, PROVIDED THEY ARE ARCHITECTURALLY COMPATIBLE WITH THE DWELLING AND ARE
APPROVED BY THE ARCHITECTURAL REVIEW COMMITTEE PRIOR TO CONSTRUCTION.
OUTBUILDINGS SHALL INCLUDE ANY ENCLOSED OR COVERED STRUCTURE NOT DIRECTLY
ATTACHED TO THE RESIDENCE AND APPURTENANT THERETO, PROVIDED THE ARCHITECTURAL
COMMITTEE MAY WAIVE THIS RESTRICTION IN THE PARTICULAR INSTANCE. ALL
OUTBUILDINGS SHALL COMPLY WITH THE BUILDING CODE OF ROGERS COUNTY.
FENCES. NO FENCE OR WALL SHALL BE ERECTED, PLACED OR
ALTERED ON ANY LOT NEARER THAN FIFTEEN FEET (15') TO THE MINIMUM SET-BACK LINES
ESTABLISHED HEREIN. NO FENCE SHALL BE ERECTED ON ANY LOT CLOSER TO ANY STREET
THAN THE MAIN STRUCTURE WITHOUT THE WRITTEN APPROVAL OF THE DEVELOPER. ALL
FENCES SHALL BE A COMBINATION OF WOOD, BRICK, OR "TREATED ROUND WOOD POSTS AND
RAIL WITH CHAIN-LINK". NO WOODEN PRIVACY FENCE SHALL EXCEED SIX FEET (6') IN
HEIGHT, AND "TREATED ROUND WOOD POSTS AND RAIL WITH CHAIN-LINK" FENCES SHALL NOT
EXCEED FOUR FEET ( 4') IN HEIGHT. ANIMALS. NO ANIMALS, LIVESTOCK, OR POULTRY OF ANY KIND
SHALL BE KEPT ON ANY LOT EXCEPT FOR A TOTAL OF THREE (3) HOUSEHOLD PETS AND THE
SUCKLING YOUNG OF SAID ANIMALS, PROVIDED THAT NO MORE THAN TWO (2) ADULT DOGS
SHALL BE MAINTAINED ON ANY LOT. ANIMALS SHALL NOT BE KEPT, BRED OR MAINTAINED
FOR ANY COMMERCIAL PURPOSES AND SHALL NOT BE PERMITTED ON ANY LOT WHICH DOES NOT
CONTAIN A DWELLING BEING USED AS A RESIDENCE. ALL ANIMALS MUST BE FENCED IN OR
KEPT ON A LEASH. ANIMAL SHELTERS SHALL BE SCREENED FROM VIEW FROM ANY STREET
UNLESS BUILT IN CONFORMITY TO THE REQUIREMENT FOR OUTBUILDINGS HEREIN.
STORAGE. NO OUTSIDE STORAGE OR KEEPING OF BUILDING
MATERIALS, TRACTORS, MOWERS, EQUIPMENT, IMPLEMENTS OR SALVAGE SHALL BE
PERMITTED. BUILDING MATERIALS MAY BE STORED FOR A PERIOD OF THIRTY (30) DAYS
PRIOR TO THE START OF CONSTRUCTION. CONSTRUCTION SHALL BE COMPLETED WITHIN NINE
(9) MONTHS AFTER THE POURING OF THE FOOTING. VEHICLES, MOTORCYCLES. NO VEHICLE, MOTORCYCLE, MOTOR
BIKE, CAMPER, TRAILER OR BOAT, WHETHER OR NOT OPERABLE, (COLLECTIVELY REFERRED
TO AS "VEHICLES") SHALL BE KEPT, PARKED, STOOD OR STORED FOR MORE THAN
FORTY-EIGHT (48) HOURS DURING ANY SEVENTY-TWO (72) HOUR PERIOD, EXCEPT IN A
GARAGE OR SCREENED FROM VIEW IN THE REAR YARD. RESIDENTS' VEHICLES SHALL NOT BE
PARKED OR STOOD IN ANY STREET. ANTENNAE. NO TELEVISION, RADIO, OR OTHER ANTENNAE OR
RECEPTION DEVICES SHALL BE CONSTRUCTED OR MAINTAINED ON ANY LOT, EXCEPT
SATELLITE DISHES WHICH SHALL BE ATTACHED TO DWELLING AND NO LARGER THAN
TWENTY-FOUR INCHES (24") IN DIAMETER. WHEN POSSIBLE SHALL BE SCREENED FROM VIEW
OF THE STREET. SIGNS. NO SIGN OF ANY KIND SHALL BE DISPLAYED TO THE
PUBLIC VIEW ON ANY LOT, EXCEPT ONE SIGN OF NOT MORE THAN FIVE (5) SQUARE FEET
ADVERTISING THE SALE OR RENT OF SAID PROPERTY, OR SIGNS USED FOR THE PURPOSE OF
CAMPAIGNING FOR A RESULT IN ANY POLITICAL ELECTION OR ISSUE OR BY THE DEVELOPER
OR BUILDER TO ADVERTISE THE PROPERTY DURING THE CONSTRUCTION AND SALES PERIOD,
UNLESS APPROVED IN WRITING BY THE DEVELOPER. SET-BACK LINES. NO BUILDING, OUTBUILDINGS, STRUCTURES, OR PARTS THEREOF SHALL BE CONSTRUCTED OR MAINTAINED ON LOTS NEARER TO THE PROPERTY LINES THAN THE SET-BACK LINES PROVIDED HEREIN OR SHOWN ON THE ACCOMPANYING PLAT. UNLESS OTHERWISE PROVIDED BY EASEMENT OR SET-BACK LINES SHOWN ON THE ACCOMPANYING PLAT, THE MINIMUM BUILDING SET-BACK LINES FOR DWELLINGS OR OTHER OUTBUILDING STRUCTURES SHALL BE: FRONT YARD: 40 FEET SIDE YARD: 5 FEET OTHER SIDE YARD: 10 FEET BACK YARD: 25 FEET ON ALL LOTS WHERE THERE IS BOTH A FORTY FOOT SET-BACK LINE
AND A LESSER FOOT SET-BACK LINE ADJACENT TO A PUBLIC STREET, THE PORTION OF THE
LOT CONTAINING THE FORTY FOOT SET-BACK SHALL BE CONSIDERED THE FRONT YARD AND
THE DWELLING SHALL FACE THIS PORTION OF THE LOT. THE FRONT BUILDING SET-BACK
LINE ON ALL LOTS SHALL BE 40 FEET. SANITARY DISPOSAL. NO OUTSIDE TOILETS SHALL BE ALLOWED
IN THE FIELDSTONE ESTATES AND ALL SANITARY ARRANGEMENTS MUST COMPLY WITH LOCAL
AND STATE HEALTH REQUIREMENTS. 13. WASTE. NO LOT SHALL BE USED OR MAINTAINED AS A
DUMPING GROUND FOR RUBBISH, TRASH, GARBAGE OR OTHER WASTES. ALL WASTE SHALL BE
KEPT IN SANITARY CONTAINERS AND ALL EQUIPMENT FOR STORAGE OR DISPOSAL OF SUCH
MATERIAL AND ALL LOTS SHALL BE KEPT IN A CLEAN, NEAT AND ORDERLY MANNER. LOTS
AND ALL EASEMENTS THEREON SHALL BE KEPT CLEAN, NEAT AND MOWED TO THE STREET. ALL
WASTE CONTAINERS MUST BE REMOVED FROM THE CURBSIDE AND SCREENED FROM ROADWAY
VIEW WITHIN EIGHTEEN (18) HOURS AFTER REFUSE COLLECTION VEHICLES EMPTY THE
CONTAINERS. NUISANCE. NO NOXIOUS OR OFFENSIVE TRADE OR ACTIVITY
SHALL BE CARRIED ON UPON ANY LOT. NOR SHALL ANYTHING BE DONE THEREON WHICH MAY
BE OR BECOME AN ANNOYANCE OR NUISANCE TO THE FIELDSTONE ESTATES. COMPLIANCE WITH CODE. ALL LOTS ARE SUBJECT TO THE
USES, RESTRICTIONS AND REQUIREMENTS OF THE CODE OF ROGERS COUNTY. ENFORCEMENT. ENFORCEMENT TO RESTRAIN OR TO RECOVER
DAMAGES FOR VIOLATION OF THE COVENANTS MAY BE BROUGHT BY THE DEVELOPER OR AN
OWNER OF ANY LOT OR HAVING ANY INTEREST THEREIN, WHETHER ACTING JOINTLY OR
SEVERALLY. THE DEVELOPER AND THE FIELDSTONE ESTATES ASSOCIATION SHALL NOT BE
OBLIGATED TO ENFORCE ANY COVENANT OR RESTRICTION THROUGH LEGAL PROCESSING OR
OTHERWISE. REMEDIES. IF ANY PERSON SHALL VIOLATE OR ATTEMPT TO
VIOLATE ANY OF THE COVENANTS, CONDITIONS OR RESTRICTIONS HEREIN, ANY PERSON
OWNING ANY REAL PROPERTY IN THE FIELDSTONE ESTATES SHALL HAVE STANDING TO
PROSECUTE ANY PROCEEDINGS AT LAW OR IN EQUITY AGAINST THE PERSON VIOLATING THE
SAME TO PREVENT THE VIOLATION OR TO RECOVER DAMAGES FOR SUCH VIOLATION IN ANY
ACTION BROUGHT TO ENFORCE ANY PROVISION HEREOF. THE DEVELOPER OR THE
ASSOCIATION, IF THE PREVAILING PARTY, SHALL BE ENTITLED TO AN AWARD OF ATTORNEYS
FEES TO BE TAXED AS COSTS. NO WAIVER. THE FAILURE OF THE GRANTOR, OR ANY
SUCCESSOR IN TITLE, TO ENFORCE ANY GIVEN RESTRICTION OR COVENANT, OR CONDITION
AT ANY TIME, SHALL NOT BE DEEMED TO BE A WAIVER OR RELINQUISHMENT OF ANY RIGHT
OR REMEDY, NOR A MODIFICATION OF THESE RESTRICTIONS AND PROTECTIVE COVENANTS.
SEVERABILITY. INVALIDATION OF ANY ONE OF THESE
COVENANTS, RESTRICTIONS OR CONDITIONS SHALL NOT AFFECT ANY OF THE OTHER
PROVISIONS, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. BINDING EFFECT, AMENDMENTS. THESE CONDITIONS AND RESTRICTIONS ARE TO RUN WITH THE LAND, AND SHALL BE BINDING UPON ALL PARTIES AND ALL PERSONS CLAIMING UNDER THEM; PROVIDED, HOWEVER, THEY MAY BE AMENDED BY THE OWNERS OF A MAJORITY OF THE LOTS OF THE FIELDSTONE ESTATES, WHICH AMENDMENT SHALL BE EFFECTIVE UPON RECORDING IN THE RECORDS OF THE ROGERS COUNTY CLERK.
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