Bull Pine Trail Protective Covenants
REVOCATION, LIMITATIONS AND ENFORCEMENT
- The Easements and Restrictive Covenants set forth herein may be canceled, amended, revoked, in part or in whole, at any time by OWNER, until the vesting of title under first conveyance of any Tracts described herein.
- After the effective date of the Restrictive Covenants set forth herein, the Restrictive Covenants may be altered, amended, or revoked only in a manner provided by statute.
- Any violation of the easements, covenants, conditions, and restrictions set forth herein may be enforced by the Owner and/or by any person or entity who is a successor and/or assign of the owner in and to any plot of land contemplated herein by civil action for damage or by action for injunction. Neither the Owner nor its successors and assigns are required to pursue an action for each, or any violation of the easements, covenants, conditions and restrictions set for herein, and whether any such action is taken by Owner or any of its assigns is left solely to their separately determined discretion.
BUILDING AND USE RESTRICTIONS
- This property shall be used for residential and recreational purposes only. No commercial activity of any kind shall be allowed on this property.
- Any animals located upon the Tract, whether pet or livestock, shall be maintained in such a manner that they do not present a nuisance to the other occupants or owners of neighboring or surrounding properties or Tracts. All domestic animals and livestock shall be kept and maintained within each property owner’s tract of land.
- Property Construction, Structures and Residential Regulations:
- No structure of temporary character (i.e., tent, lean-to type structure) shall be used as a residence. Such structures may be used for recreational purposes only and must be removed when no longer in use. Recreational vehicles and travel trailers no more than 10 years old are permitted if such use is limited to use as recreational vehicles or as temporary housing for a period of up to one (1) year during the construction of a permanent dwelling.
- One (1) single-family dwelling to be erected per lot on all lots one (1) through ten (11).
- The cultivating, processing, storing, maintaining a commercial dispensary, or otherwise dealing with marijuana for medical or scientific use or research is prohibited. Provided, however, that the consumption of marijuana or its by-products, under the supervision of a physician licensed by the Oklahoma State Medical Licensing Board, is permissible by a patient who has a proper permit.
- Double-wide and Single-wide mobile / manufactured homes and larger no more than ten (10) years old shall be permitted as permanent dwellings upon the Tracts but must be properly installed and underpinned within ninety (90) days of delivery.
- Any construction or improvements on property shall comply with all applicable rules and regulations issued by the Oklahoma Department of Environmental Quality (DEQ), including but not limited to those contained in the Oklahoma Administrative Code relating to individual and small public on-site sewage treatment systems (Chapter 641).
- Lagoon sewage treatment systems are prohibited.
- All structures or other attachments, except for fences and mailboxes, shall be setback at least ten (10) feet from the property boundary line, or at least twenty (20) feet from any county road right of way.
- Easements for the installation and maintenance of public and/or private utilities and drainage facilities are herein reserved and within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may cause the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Tract and improvements in it shall be maintained continuously by the owner of the Tract, except for those improvements for which a public authority or utility company is responsible.
- Driveways must originate from a point along the dedicated road or County road on Tracts Six (6) and Eight (8) right of way bordering the deeded Tract and shall terminate at a point not outside of owner’s original Tract. It is the intent of this covenant to prohibit ingress and egress from any other area or adjoining property or tract.
- No derelict or abandoned vehicles shall be kept upon any of the Tracts unless such vehicle is kept in an enclosed garage or other appropriate structure. A derelict or abandoned vehicle for purposes of this provision shall include all vehicles which are not operable, or which have no current registration.
- Waste Handling and Disposal:
- All waste material shall be kept in enclosed containers of the kind commonly kept for the purpose of trash and rubbish storage pending disposal.
- All portions of the Tracts described herein must be kept free of waste, trash, and rubbish. No portion of the Tracts shall be used for temporary or permanent storage, burying, or dumping of any waste, trash, rubbish, junk, oil, petroleum and/or other liquid or solid waste. Litter upon any portion of the Tracts is strictly prohibited.
- Timber Clearing and Excavation:
- The removal of trees with a trunk diameter of six inches (6”) or greater at six feet (6’) is prohibited unless the tree is dead or diseased OR the removal is required for preparation or preservation of construction or recreation sites, access roads, fire prevention, utilities or to establish a view corridor.
- Excavation of any soil, dirt, rock, gravel, mineral or other underground items for commercial use or for use upon any property lying outside the Tract is strictly prohibited.
- Prohibition Upon Splitting for Any Purpose
- No individual Tract of land resulting from a deed from Southeastern Oklahoma Land Company, LLC may be subdivided for any purpose, including, but not limited to, resale, voluntary or legal partition, gifting, inheritance, or any other purpose whatsoever.
- No natural waterway, pond, stream, or spring located upon the Tracts shall be dammed, altered or re-routed for any purpose. No spillage, discharging or dumping of any trash or substance of any kind shall be permitted into any waterway, pond, stream, or spring.
- Compliance with State Hunting and Fishing Regulations:
- All tenants, owners, and occupants of any property within the Tracts, and their invitees, shall comply with all applicable local, state, and federal hunting and fishing related laws and regulations.
- Termination of Covenants:
- These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of 10 years from the date these covenants are recorded. After which time, said covenants shall be automatically extended for successive periods of 10 years unless an instrument signed by a majority of the then current landowners of the Tracts has been recorded, agreeing to change said covenants in whole or in part. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages.
- 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.