Muddy Boggy Bend Covenants

COVENANTS, CONDITIONS

 AND RESTRICTIONS

In the S½ of the SW¼ of Section 28, Township 6 South, Range 15 East

In Choctaw County, Oklahoma, described in

Exhibit “A” attached:

  • Livestock:
  • This property shall be used for residential and recreational purposes only.  No swine or poultry shall be raised, bred or kept in a commercial capacity. 
  • The property may be used for ranching and a reasonable number of horses and/or cattle may be kept thereon, provided the parcel has been fenced sufficiently to maintain control of said livestock.  Under no circumstances shall a stockyard or any commercial activity involving animals be permitted, other than ranching. 
  • Commercial dog breeding kennels are not permitted.  Any animals kept on this property shall be maintained in such a manner that they do not present a nuisance to owners of neighboring parcels.
  • 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.  Mobile homes, recreational vehicles and travel trailers are permitted as long as 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.  Permission may be granted by Southeastern Oklahoma Land Company LLC, to extend this time period if reasonable cause is shown.
  • Double-wide mobile homes or larger no more than ten (10) years old shall be permitted as permanent dwellings but must be properly installed and underpinned within ninety (90) days of delivery.  Single-wide mobile homes are prohibited.
  • The owner will maintain a lawful residence and occupation of the property shall be in compliance with the statutes of the State of Oklahoma as well as federal regulations.
  • The owner shall be responsible to ensure that any and all actions taken, improvements made and/or structures constructed upon the herein described property meet all applicable State and Federal requirements and guidelines, including but not limited to those imposed by the Department of Environmental Quality. The owner shall be responsible for any damages incurred as a result of failure to adhere to such requirements and guidelines.
  • No structures other than fencing and mail boxes shall be constructed within ten feet (10’) of an interior tract property line.  No other structures are permitted along shared boundary lines within the development.
  • In cases where the buyer purchases more than one adjoining tract, these covenants shall apply to said tracts as a single tract.
  • Vehicles:
  • No derelict vehicles may be kept on any parcel unless kept in an enclosed garage.  Derelict vehicles are defined as those which either do not run or are not licensed.
  • Waste Handling:
  • Waste Material must be kept in closed containers at all times. 
  • Parcels must be kept free of trash and debris.  No parcel may be used for temporary or permanent storage, burying or dumping of garbage, junk, oil, petroleum or other liquid or solid waste. Litter of any kind on any parcel is strictly prohibited.
  • Timber Clearing and Excavation:
  • The removal of trees with a trunk diameter of six inches (6”) or greater is prohibited unless the tree is dead or dying or the removal is required to clear land for building or recreation sites, access roads, fire prevention, utilities or to establish a view or corridor. In any case, no more than 20% of the timber on any tract of land may be cut or cleared and commercial wood harvesting is strictly prohibited.
  • The excavation and selling of surface and subsurface dirt and rock is prohibited.
  • Compliance with State Hunting and Fishing Regulations:
  • Hunting and fishing of all kind must be conducted in compliance with and in accordance to the laws and regulations as set forth by the State of Oklahoma.
  • 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 land owners 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 wise affect any of the other provisions which shall remain in full force and effect.
  • No Deviation:
  • NO deviation of any kind shall be permitted from these covenants unless written permission is provided by Southeastern Oklahoma Land Company, LLC or a majority of the then current landowners.

Signed and delivered this ___ day of January, 2021.

Southeastern Oklahoma Land Company, LLC

BY:______________________________

Mary Maple, Member/Manager

EXHIBIT “A”

Legal Description

Tract 1

A tract of land in a part of the S/2-SW/4 of Section 28, Township 6 South, Range 15 East of the Indian Meridian, Choctaw County, Oklahoma, more particularly described as follows:

Commencing at a Found 1/2″ Iron Rod at the SW Corner of said Section 28;  Thence N01°20’27″W along the West Line of the SW/4 a distance of 727.21 feet to a Set 1/2″ Iron Rod w/Arkoma CA5348 Cap and being the Point of Beginning; 

Thence continue N01°20’27″W along the West Line of the SW/4 a distance of 590.39 feet to a Set 1/2″ Iron Rod w/Arkoma CA5348 Cap at the NW Corner of the S/2-SW/4;  Thence N88°53’10″E along the North Line of the S/2-SW/4 a distance of 1642.53 feet to the center of a creek/drainage;  Thence the following twenty five meanders along said creek/drainage:

S06°14’07″W-17.68 feet,  S12°25’00″E-71.63 feet,  S46°55’40″E-27.49 feet,

N18°27’31″E-68.85 feet,  N54°24’25″E-18.15 feet,  S68°41’43″E-48.27 feet,

S20°00’19″E-104.13 feet,  S87°41’53″E-158.58 feet,  S20°03’43″E-71.08 feet,

S22°35’51″E-60.72 feet,  S02°03’39″W-72.53 feet,  S23°33’26″E-47.54 feet,

S09°21’39″W-28.44 feet,  S39°22’11″W-14.01 feet,  N82°41’22″W-19.53 feet,

S69°05’54″W-22.37 feet,  S33°54’54″W-29.87 feet,  S23°31’18″W-69.32 feet,

S81°52’22″W-17.36 feet,  S22°54’41″W-21.89 feet,  S03°09’10″E-48.67 feet,

S40°47’41″E-22.50 feet,  S68°08’13″E-84.56 feet,  S31°55’32″E-23.25 feet,

S08°06’54″E-29.67 feet;  Thence leaving said creek/drainage S88°54’25″W a distance of 1399.36 feet to a Set 1/2″ Iron Rod w/Arkoma CA5348 Cap;  Thence N01°20’31″W a distance of 111.00 feet to a Set 1/2″ Iron Rod w/Arkoma CA5348 Cap;  Thence S88°39’34″W a distance of 588.66 feet to the Point of Beginning,

said tract contains 29.08 acres, more or less.

Tract 2

A tract of land in a part of the SW/4-SW/4 of Section 28, Township 6 South, Range 15 East of the Indian Meridian, Choctaw County, Oklahoma, more particularly described as follows:

Commencing at a Found 1/2″ Iron Rod at the SW Corner of said Section 28;

Thence N01°20’27″W along the West Line of the SW/4 a distance of 505.21 feet to a Set 1/2″ Iron Rod w/Arkoma CA 5348 Cap and being the Point of Beginning;

Thence continue N01°20’27″W along the West Line of the SW/4 a distance of 222.00 feet Set 1/2″ Iron Rod w/Arkoma CA 5348 Cap; Thence N88°39’34″E a distance of 588.66 feet to a Set 1/2″ Iron Rod w/Arkoma CA 5348 Cap,

Thence S01°20’31″E a distance of 222.00 feet to a Set 1/2″ Iron Rod w/Arkoma CA 5348 Cap,

Thence S88°39’34″W a distance of 588.66 feet to the Point of Beginning,

said tract contains 3.00 acres, more or less.

Tract 3

A tract of land in a part of the S/2-SW/4 of Section 28, Township 6 South, Range 15 East of the Indian Meridian, Choctaw County, Oklahoma, more particularly described as follows:

Beginning at a Found 1/2″ Iron Rod at the SW Corner of said Section 28; 

Thence N01°20’27″W along the West Line of the SW/4 a distance of 505.21 feet to a Set 1/2″ Iron Rod w/Arkoma CA5348 Cap; 

Thence N88°39’34″E a distance of 588.66 feet to a Set 1/2″ Iron Rod w/Arkoma CA5348 Cap;

Thence N01°20’31″W a distance of 111.00 feet to a Set 1/2″ Iron Rod w/Arkoma CA 5348 Cap;

Thence N88°54’25″E a distance of 1399.36 feet to the center of an existing creek/drainage;

Thence the following nineteen meanders along center of said creek/drainage:

S08°06’54″E-60.16 feet,  S85°37’30″W-35.70 feet,  S50°10’10″W-28.69 feet,

S37°14’10″E-79.29 feet,  S09°21’13″W-37.68 feet,  S19°34’57″E-51.98 feet,

S28°55’35″W-16.77 feet,  S57°45’18″W-36.96 feet,  S32°04’15″W-62.81 feet,

S44°43’52″W-39.48 feet,  N89°20’05″W-43.75 feet,  S15°15’03″W-60.56 feet,

S31°50’06″W-31.41 feet,  S46°45’27″E-17.75 feet,  S01°03’31″E-44.71 feet,

S15°53’57″E-51.96 feet,  S15°44’25″W-18.26 feet,  S13°17’22″E-37.59 feet,

S17°57’16″E-31.58 feet to the South Line of the SW/4;  Thence leaving said creek/drainage S88°54’25″W along the South Line of the SW/4 a distance of 1848.32 feet to the Point of Beginning, said tract contains 28.54 acres, more or less.