Windhaven Protective Covenants

For the purpose of providing an orderly development of the entire lot, and for the further purpose of providing adequate restrictive covenants, and modifying the Notice to Owners filed in Book 700, Pages 57-63, to the mutual benefit of Windhaven Addition property owners, I hereby impose the following restrictions and reservations.

• Windhaven Addition has 26 lots one (1) through twenty-six (26), use solely for residential and recreational purposes only.

• Commercial, industrial, or manufacturing businesses are prohibited.

• 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.

• No residence shall be constructed upon the designated residential tract unless said residence contains a minimum of One Thousand (1000) sq. ft. of living space under roof.

• One (1) single-family dwelling to be erected per lot on all lots one (1) through twenty-six (26).

• Double-wide mobile homes and larger, only with original set-up, shall be permitted as permanent dwellings upon the lots, but must be properly installed and underpinned within ninety (90) days of delivery.  No single wide mobile homes or used double wide homes or manufactured homes are permitted upon any lots.

• No existing erected buildings or structures of any sort may be moved onto and/or placed on any portion of the property and used as a permanent, vacation, or temporary residence notwithstanding the provisions of item 6. Above.

• All structures shall be of neat construction and of character to enhance the value of the property.  No detached garage or other outbuilding shall be permitted in the easements herein reserved.

• An owner(s) of Windhaven may park a motor home or camper trailer, upon the building plot owned by said owner during the construction period, provided said construction period cannot exceed twelve (12) months.

• Any construction or improvements on lots in the development 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).

• No building shall be erected nearer than twenty (20) feet to the platted and dedicated roads and/or easements.  No building shall be erected nearer than ten (10) feet from any other property line.  In the event two or more contiguous lots are owned by one owner, the interior property lines of the contiguous lots are exempt from this ten (10) foot setback rule.

• The property may be used for limited ranching purposes, but only to the extent that such property is adequate to graze only a small number of cattle or horses.  Provided, the parcel has been fenced sufficiently to maintain control of said livestock and prevent the possibility of such livestock straying from the applicable property at any time.

• Any animals located upon the lots, 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.

• Commercial dog breeding kennels are not permitted.

• The removal of trees with a trunk diameter of six inches (6”) or greater 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.  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.

• Excavation of any soil, dirt, rock, gravel, mineral or other underground items for commercial use or for use upon any property lying outside the lot is strictly prohibited.

• Driveways for personal use must originate from a point of the original dedicated / platted roads of said development or an adjoining public roadway and shall terminate at a point not outside of owner’s original lot.  It is the intent of this covenant to prohibit ingress and egress from any other area or adjoining property.  Exception:  The original land owner/s of the adjoining and/or adjacent and filed developments.  If written easements are signed and filed by all owners of any lot or partial lot that said easements are intended for, then these easements are valid.

• 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 lot 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.

•  No debris, junk or unsightly accumulation of materials shall be allowed to remain on the premises.

•  No lot shall be used for outside storage; any materials or motorized vehicles shall be stored on premises must be kept in an enclosure, complete with roof and sides.

• No automobile or automobiles may be parked on said premises unless such automobile is on inflated tires and in mechanical operating condition with current registration and insurance.

• No individual lot may be subdivided for any purpose, including, but not limited to, resale, voluntary or legal partition, gifting, inheritance, or any other purpose whatsoever.

• If the parties hereto, or any of them or their heirs or assigns shall violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in Windhaven Addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant either to prevent him or them from so doing or to recover damages or other dues for such violation.

• These covenants are to run with the land and shall be binding on all parties and all persons claiming under them unless an instrument signed by the owners of a majority of the lots has been recorded, to change said covenants in whole or in part.

• A variance may be given by the then 51% ownership of the tracts in Windhaven Addition.

• Invalidations of any of these covenants by judgement or court order shall in no ways effect any of the other provisions, which shall remain in full force and effect.