Renaissance Properties
P.O. Box 106 Skiatook, OK 74070-0106
off 918-396-3968 fax 396-396-1273
Questions?.... kenny@renprop.biz
THE ORCHARDS ESTATES
TOWN OF SKIATOOK
OSAGE COUNTY, STATE OF OKLAHOMA
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THE ORCHARDS 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 ORCHARDS 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 MAY BE MOVED INTO THE ORCHARDS ESTATES.
DWELLING. NO STRUCTURE OF A TEMPORARY CHARACTER MAY BE USED AS A RESIDENCE. NO MOBILE HOME SHALL BE MOVED INTO OR BE PRESENT IN THE ORCHARDS 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 SIXTEEN HUNDRED (1,600) 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
FIFTY PERCENT (50%) OF THE EXTERIOR WALLS THEREOF COMPRISED OF
STUCCO, BRICK OR STONE; PROVIDED, HOWEVER, THAT THE AREA OF ALL 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 ORCHARDS ESTATES STREET CONSTRUCTION PLANS AND ARE TO BE INSTALLED BY THE
LOT OWNER PRIOR TO THE COMPLETION OF THE DWELLING.
MAILBOXES, YARD LAMPS. ALL MAILBOXES AND YARD
LAMPS WILL BE OF A UNIFORM TYPE AND COLOR, (PATINA GREEN ORNAMENTAL ALUMINUM)
PREVIOUSLY CHOSEN FOR THE DEVELOPMENT AND AVAILABLE THROUGH THE DEVELOPER.
YARD LAMPS ARE TO BE TO THE CENTER OF LOT, SET BACK A DISTANCE OF 25'
(55' FROM CENTER LINE OF STREET) FROM FRONT PROPERTY LINE.
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 ENTIRE YARD OF EACH LOT MUST BE FULLY SODDED (100% OF TOTAL YARD) AND HAVE A PROFESSIONALLY DESIGNED LANDSCAPE PACKAGE IN THE FRONT YARD PRIOR TO COMPLETION. TWO (2) ORNAMENTAL BRADFORD PEAR TREES WITH A MINIMUM HEIGHT OF SIX FEET (6') TO EIGHT (8') (1½" to 2") SHALL BE PLANTED A DISTANCE OF FIFTEEN (15') 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 RENAISSANCE PROPERTIES, INC.,
KENNY JONES, AND DONNA CHERYL JONES OR THEIR DULY AUTHORIZED REPRESENTATIVES, OR
SUCCESSORS. NO BUILDING SHALL BE ERECTED, PLACED OR ALTERED ON ANY LOT
IN THE ORCHARDS 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.
SITE PLAN SHOWING THE LOCATION AND
ORIENTATION OF ALL IMPROVEMENTS;
B. FULL WORKING DRAWINGS WITH FLOOR PLAN AND
ALL ELEVATIONS,
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 THE
TOWN OF SKIATOOK.
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: 35 FEET
SIDE YARD: 5 FEET
OTHER SIDE YARD: 10 FEET
BACK YARD: 25 FEET
ON ALL LOTS WHERE THERE IS BOTH A THIRTY-FIVE FOOT SET-BACK
LINE AND FIFTEEN FOOT SET-BACK LINE ADJACENT TO A PUBLIC STREET, THE PORTION OF
THE LOT CONTAINING THE THIRTY-FIVE 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 35 FEET.
SANITARY DISPOSAL. NO OUTSIDE TOILETS SHALL BE ALLOWED
IN THE ORCHARDS 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 ORCHARDS ESTATES.
COMPLIANCE WITH CODE. ALL LOTS ARE SUBJECT TO THE
USES, RESTRICTIONS AND REQUIREMENTS OF THE CODE OF THE TOWN OF SKIATOOK.
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 ORCHARDS 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 ORCHARDS 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 ORCHARDS ESTATES, WHICH AMENDMENT SHALL BE EFFECTIVE UPON RECORDING IN THE RECORDS OF THE OSAGE COUNTY CLERK.
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