DEED OF DEDICATION
'GRAYSTONE'
KNOW ALL MEN BY THESE
PRESENTS:
THAT
GRAYSTONE DEVELOPMENT, L.L.C., HEREINAFTER REFERRED TO AS THE `OWNER', IS
THE OWNER OF THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE CITY OF
BIXBY, TULSA COUNTY, STATE OF OKLAHOMA, TO-WIT:
A TRACT OF LAND THAT IS PART OF THE S/2 OF THE NW/4
AND THE N/2 OF THE SW/4 OF SECTION‑35, T‑18‑N,
R‑13‑E, CITY OF BIXBY, TULSA COUNTY, OKLAHOMA, BEING DESCRIBED
AS FOLLOWS, TO‑WIT: `BEGINNING AT A POINT' WHICH IS THE
NORTHWESTERLY CORNER OF SAID S/2 OF THE NW/4; THENCE N 89~47'24" E
ALONG THE NORTHERLY LINE OF THE S/2 OF THE NW/4 AND THE SOUTHERLY LINE OF
BLOCK‑4 OF `STANFORD ELM', AN ADDITION IN THE CITY OF BIXBY, TULSA
COUNTY, OKLAHOMA, FOR 1889.37'; THENCE S 25~24'43" E FOR
280.84'; THENCE S 15~59'21W FOR 173.48'; THENCE S 14~14'07" E
FOR 413.09'; THENCE S 02~12'45" W FOR 400.00'; THENCE S 49~38'43" E
FOR 154.99' TO A POINT ON THE SOUTHERLY LINE OF SAID S/2 OF THE NW/4 OF
SECTION‑35; THENCE S 89~47'05" W ALONG SAID SOUTHERLY
LINE AND THE NORTHERLY LINE OF `THE ESTATES OF GRAYSTONE II', AN ADDITION
IN THE CITY OF BIXBY, TULSA COUNTY, OKLAHOMA FOR 848.45'; THENCE S 00~06'55" W
ALONG THE WESTERLY LINE OF `THE ESTATES OF GRAYSTONE II', FOR 534.08' TO A
POINT ON THE NORTHERLY LINE OF `THE ESTATES OF GRAYSTONE', AN ADDITION IN
THE CITY OF BIXBY, TULSA COUNTY, OKLAHOMA; THENCE ALONG SAID NORTHERLY
LINE AS FOLLOWS; DUE WEST FOR 539.16', N 36~13'06" W FOR
236.58', AND DUE WEST FOR 642.32' TO A POINT ON THE WESTERLY LINE OF SAID
SECTION‑35; THENCE N 00~09'14" E ALONG SAID WESTERLY
LINE FOR 1660.38' TO THE `POINT OF BEGINNING' OF SAID TRACT OF LAND.
THE OWNER HAS CAUSED THE SAME
TO BE SURVEYED, STAKED, PLATTED AND SUBDIVIDED INTO LOTS, BLOCKS AND
STREETS AS SHOWN BY THE ACCOMPANYING PLAT AND SURVEY THEREOF, AND WHICH
PLAT IS MADE A PART HEREOF; AND THE OWNER HAS GIVEN TO SAID PLAT THE NAME
OF `GRAYSTONE', A SUBDIVISION OF A PART OF THE W/2 OF SECTION‑35,
T‑18‑N, R‑13‑E, CITY OF BIXBY, TULSA COUNTY,
OKLAHOMA, AND
NOW, THEREFORE, THE OWNER, FOR
THE PURPOSE OF PROVIDING FOR THE ORDERLY DEVELOPMENT OF `GRAYSTONE' AND
FOR THE PURPOSE OF INSURING ADEQUATE RESTRICTIONS FOR THE MUTUAL BENEFIT
OF THE OWNER, ITS SUCCESSORS, GRANTEES AND ASSIGNS, THE BENEFICIARIES OF
THE COVENANTS SET FORTH IN SECTION I BELOW, WITH RESPECT TO SUCH COVENANTS
ONLY, DOES HEREBY IMPOSE THE FOLLOWING RESTRICTIONS AND COVENANTS, WHICH
SHALL BE COVENANTS RUNNING WITH THE LAND AND WHICH SHALL BE ENFORCEABLE BY
THE OWNER OR OWNERS OF ANY PROPERTY WITHIN `GRAYSTONE' AND BY THE
BENEFICIARIES OF THE COVENANTS SET FORTH IN SECTION I BELOW, WITH RESPECT
TO SUCH COVENANTS ONLY, AND BY THE CITY OF BIXBY, OKLAHOMA.
SECTION I. STREETS AND UTILITY
EASEMENTS
THE
OWNER DOES HEREBY DEDICATE FOR THE PUBLIC USE THE STREETS AND UTILITY
EASEMENTS AS DEPICTED ON THE ATTACHED PLAT FOR THE SEVERAL PURPOSES OF
CONSTRUCTING, MAINTAINING, REPAIRING, REMOVING AND REPLACING ANY AND ALL
STREETS AND PUBLIC UTILITIES, INCLUDING STORM AND SANITARY SEWERS,
TELEPHONE LINES, CABLE TELEVISION, ELECTRIC POWER LINES AND TRANSFORMERS,
GAS LINES, WATER LINES, AND OTHER SERVICES CAPABLE OF BEING PROVIDED IN
GRAYSTONE, TOGETHER WITH ALL FITTINGS AND EQUIPMENT FOR EACH OF SUCH
FACILITIES INCLUDING THE POLES, WIRES, CONDUITS, PIPES, VALVES, METERS AND
ANY OTHER APPURTENANCES THERETO, WITH RIGHT OF INGRESS AND EGRESS TO THE
EASEMENTS FOR THE USES AND PURPOSES AFORESAID; PROVIDED, HOWEVER THAT THE
OWNER HEREBY RESERVES TO ITSELF, AND TO ITS ASSIGNS, THE RIGHT TO USE OR
DELEGATE TO OTHERS THE RIGHT TO USE THE DESIGNATED EASEMENTS AND
RIGHTS-OF-WAY TO PROVIDE ANY OF THE SERVICES SET FORTH HEREIN, INCLUDING,
BUT NOT LIMITED TO THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE, LAY AND
RELAY WATER LINES AND SEWER LINES, TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS OVER, ACROSS AND ALONG ALL OF THE UTILITY EASEMENTS DEPICTED ON THE
PLAT, FOR THE PURPOSE OF FURNISHING WATER AND/OR SEWER SERVICE TO THE AREA
INCLUDED WITHIN THE PLAT. THE OWNER HEREIN IMPOSES A RESTRICTIVE COVENANT,
WHICH SHALL BE BINDING ON EACH LOT OWNER AND SHALL BE ENFORCEABLE BY CITY
OF BIXBY, OKLAHOMA AND THE SUPPLIER OF ANY AFFECTED UTILITY SERVICE, THAT
WITHIN THE UTILITY EASEMENTS DEPICTED ON THE ATTACHED PLAT, NO BUILDING,
STRUCTURE OR OTHER ABOVE OR BELOW GROUND OBSTRUCTION THAT INTERFERES WITH
THE ABOVE SET FORTH USES AND PURPOSES OF THE EASEMENT SHALL BE PLACED,
ERECTED, INSTALLED OR MAINTAINED. PROVIDED HOWEVER, NOTHING HEREIN SHALL
BE DEEMED TO PROHIBIT UTILITY EASEMENTS, DRIVES, PARKING AREAS, CURBING,
AND LANDSCAPING THAT DOES NOT CONSTITUTE AN OBSTRUCTION AS AFORESAID.
THE OWNER OF EACH LOT SHALL BE
RESPONSIBLE FOR THE REPAIR AND REPLACEMENT OF ANY LANDSCAPING AND PAVING
LOCATED WITHIN THE UTILITY EASEMENTS IN THE EVENT IT IS NECESSARY TO
INSTALL OR REPAIR ANY UNDERGROUND WATER OR SEWER MAINS, ELECTRIC, NATURAL
GAS, COMMUNICATIONS OR TELEPHONE SERVICE OR OTHER SERVICES NOW OR LATER
PROVIDED WITHIN ANY OF THE EASEMENT AREAS DEPICTED UPON THE ACCOMPANYING
PLAT. PROVIDED HOWEVER, THAT THE CITY OF BIXBY OR THE OTHER SUPPLIER OF
THE SERVICE SHALL USE REASONABLE CARE IN THE PERFORMANCE OF SUCH ACTIVITY.
1.1
ELECTRIC, TELEPHONE AND CABLE TELEVISION SERVICE
1.1.1
ALL SUPPLY LINES SHALL BE LOCATED UNDERGROUND IN THE EASEMENTS
DEDICATED FOR GENERAL UTILITY SERVICES AS DEPICTED ON THE ATTACHED PLAT.
SERVICE PEDESTALS AND TRANSFORMERS, AS SOURCES OF SUPPLY AT SECONDARY
VOLTAGES, MAY ALSO BE LOCATED IN THE EASEMENTS. STREET LIGHT POLES OR
STANDARDS MUST BE SERVED BY UNDERGROUND CABLE.
1.1.3
1.1.2
UNDERGROUND SERVICE CABLES TO ALL STRUCTURES WHICH MAY BE LOCATED
WITHIN THE SUBDIVISION MAY BE RUN FROM THE NEAREST SERVICE PEDESTAL OR
TRANSFORMER TO THE POINT OF USAGE DETERMINED BY THE LOCATION AND
CONSTRUCTION OF SUCH STRUCTURES AS MAY BE LOCATED UPON THE LOT. PROVIDED
THAT, UPON INSTALLATION OF A SERVICE CABLE TO A PARTICULAR BUILDING, THE
SUPPLIER OF THE SERVICE SHALL THEREAFTER BE DEEMED TO HAVE A DEFINITIVE,
PERMANENT AND EFFECTIVE RIGHT-OF-WAY EASEMENT ON THE LOT, COVERING A
FIVE-FOOT STRIP EXTENDING 2.5 FEET ON EACH SIDE OF THE SERVICE CABLE,
EXTENDING FROM THE SERVICE PEDESTAL OR TRANSFORMER TO THE SERVICE ENTRANCE
ON THE STRUCTURE. THIS EASEMENT SHALL TERMINATE WHEN SAID SERVICE CABLE IS
NO LONGER IN USE BY THE SUPPLIER.
1.1.3 THE SUPPLIER OF ELECTRIC, TELEPHONE, CABLE
TELEVISION, AND OTHER SERVICES, THROUGH IT'S AGENTS AND EMPLOYEES SHALL AT
ALL TIMES HAVE RIGHT OF ACCESS TO ALL UTILITY EASEMENTS DEPICTED ON THE
ATTACHED PLAT, OR OTHERWISE PROVIDED FOR IN THIS DEED OF DEDICATION FOR
THE PURPOSE OF INSTALLING, MAINTAINING, REMOVING OR REPLACING ANY PORTION
OF THE UNDERGROUND ELECTRIC, TELEPHONE OR CABLE TELEVISION FACILITIES
INSTALLED BY THE SUPPLIER OF THE UTILITY SERVICE.
1.1.4 THE OWNER OF THE LOT SHALL BE RESPONSIBLE FOR
THE PROTECTION OF THE UNDERGROUND ELECTRIC, TELEPHONE AND CABLE TELEVISION
FACILITIES LOCATED ON THEIR PROPERTY, AND SHALL PREVENT THE ALTERATION OF
GRADE OR ANY CONSTRUCTION ACTIVITY WHICH MAY INTERFERE WITH THE ELECTRIC,
TELEPHONE, OR CABLE TELEVISION FACILITIES. THE SUPPLIER OF SERVICE SHALL
BE RESPONSIBLE FOR ORDINARY MAINTENANCE OF THE UNDERGROUND FACILITIES, BUT
THE OWNER SHALL PAY FOR DAMAGE OR RELOCATION OF SUCH FACILITIES CAUSED OR
NECESSITATED BY ACTS OF THE OWNER OR HIS AGENTS OR CONTRACTORS.
1.1.5
THE OWNER DOES HEREBY RESTRICT THE UTILITY EASEMENTS SHOWN AND
DESIGNATION THE ACCOMPANYING PLAT TO A SINGLE SUPPLIER OF ELECTRICAL
SERVICE.
1.1.6
THE FOREGOING COVENANTS CONCERNING UNDERGROUND ELECTRIC, TELEPHONE
AND CABLE TELEVISION FACILITIES SHALL BE ENFORCEABLE BY THE SUPPLIER OF
THE ELECTRIC, TELEPHONE OR CABLE TELEVISION SERVICE, AND THE OWNER OF THE
LOT AGREES TO BE BOUND HEREBY.
1.2
WATER AND SANITARY SEWER SERVICE
1.2.1
THE OWNER OF EACH LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF
THE PUBLIC WATER MAINS AND OF THE PUBLIC SANITARY SEWER FACILITIES LOCATED
ON THEIR LOT AND SHALL PREVENT THE ALTERATION OF GRADE OR ANY CONSTRUCTION
ACTIVITY WHICH MAY INTERFERE WITH SAID PUBLIC WATER MAIN, PUBLIC SANITARY
SEWER MAIN, OR STORM SEWER. SAID ALTERATION OF GRADE RESTRICTIONS SHALL BE
LIMITED TO EASEMENT AREAS.
1.2.2
THE CITY OF BIXBY, OR ITS SUCCESSORS, WILL BE RESPONSIBLE FOR
ORDINARY MAINTENANCE OF PUBLIC WATER MAIN, PUBLIC SANITARY SEWER MAIN, OR
STORM SEWER, BUT THE OWNER OF EACH LOT WILL PAY FOR DAMAGE OR RELOCATION
OF SUCH FACILITIES CAUSED OR NECESSITATED BY ACTS OF THE OWNER OR HIS
AGENTS OR CONTRACTORS.
1.2.3
THE CITY OF BIXBY OR ITS SUCCESSORS THROUGH ITS PROPER AGENTS AND
EMPLOYEES SHALL AT ALL TIMES HAVE RIGHT OF ACCESS WITH THEIR EQUIPMENT TO
ALL SUCH EASEMENT‑WAYS SHOWN ON SAID PLAT, OR PROVIDED FOR IN THIS
DEED OF DEDICATION FOR THE PURPOSE OF INSTALLING, MAINTAINING, REMOVING,
OR REPLACING ANY PORTION OF SAID UNDERGROUND WATER AND SEWER
FACILITIES.
1.2.4
THE FOREGOING COVENANTS CONCERNING WATER AND SEWER FACILITIES SHALL
BE ENFORCEABLE BY THE CITY OF BIXBY OR ITS SUCCESSORS, AND THE OWNER OF
EACH LOT AGREES TO BE BOUND HEREBY.
1.3
GAS SERVICE
1.3.1
THE SUPPLIER OF GAS SERVICE SHALL AT ALL TIMES HAVE RIGHT OF ACCESS
TO ALL UTILITY EASEMENTS DEPICTED ON THE ATTACHED PLAT, OR OTHERWISE
PROVIDED FOR IN THIS DEED OF DEDICATION FOR THE PURPOSE OF INSTALLING,
MAINTAINING, REMOVING OR REPLACING ANY PORTION OF GAS FACILITIES INSTALLED
BY THE SUPPLIER OF GAS SERVICE.
1.3.2 THE OWNER OF EACH LOT SHALL BE RESPONSIBLE
FOR THE PROTECTION OF THE UNDERGROUND GAS FACILITIES LOCATED ON THEIR LOT,
THE ALTERATION OF GRADE OR ANY CONSTRUCTION ACTIVITY WHICH MAY INTERFERE
WITH THE UNDERGROUND GAS FACILITIES SHALL BE PROHIBITED. THE SUPPLIER OF
SERVICE SHALL BE RESPONSIBLE FOR ORDINARY MAINTENANCE OF THE UNDERGROUND
FACILITIES, BUT THE OWNER SHALL PAY FOR DAMAGE OR RELOCATION OF SUCH
FACILITIES CAUSED OR NECESSITATED BY ACTS OF THE OWNER OF THE LOT OR THEIR
AGENT OR CONTRACTORS.
1.3.3
THE FOREGOING COVENANTS CONCERNING UNDERGROUND GAS FACILITIES SHALL
BE ENFORCEABLE BY THE SUPPLIER OF GAS SERVICE, AND THE OWNER OF THE LOT
AGREES TO BE BOUND HEREBY.
1.4
STORM SEWER
1.4.1
THE CITY OF BIXBY, OR ITS SUCCESSORS, THROUGH ITS PROPER AGENTS AND
EMPLOYEES, SHALL AT ALL TIMES HAVE RIGHT OF ACCESS WITH THEIR EQUIPMENT TO
ALL STORM SEWER AND DRAINAGE EASEMENTS FOR THE PURPOSE OF INSTALLING,
MAINTAINING, REMOVING OR REPLACING ANY PORTION OF THE UNDERGROUND STORM
SEWER SYSTEM.
1.4.2
NO FENCE, WALL, OR BUILDING WHICH WOULD CAUSE AN OBSTRUCTION SHALL
BE PLACED OR MAINTAINED IN A STORM SEWER OR DRAINAGE EASEMENT AREA, AND
ANY CONSTRUCTION ACTIVITY WHICH WOULD INTERFERE WITH THE STORM SEWER
SYSTEM SHALL BE PROHIBITED.
1.4.3
THE CITY OF BIXBY, OR ITS SUCCESSORS, SHALL BE RESPONSIBLE FOR
ORDINARY MAINTENANCE OF THE PUBLIC STORM SEWER SYSTEM, BUT THE OWNER OF
EACH LOT WILL PAY FOR DAMAGE OR RELOCATION OF SUCH SYSTEM CAUSED OR
NECESSITATED BY ACTS OF THE OWNER OF EACH LOT OR ITS AGENTS OR
CONTRACTORS.
1.4.4
THE FOREGOING COVENANTS CONCERNING THE PUBLIC STORM SEWER SYSTEM
SHALL BE ENFORCEABLE BY THE CITY OF BIXBY, OR ITS SUCCESSOR, AND THE OWNER
OF EACH LOT AGREES TO BE BOUND HEREBY.
1.5
SURFACE DRAINAGE
1.5.1
THE LOT SHALL RECEIVE AND DRAIN, IN AN UNOBSTRUCTED MANNER, THE
STORM AND SURFACE WATERS FROM LOTS AND DRAINAGE AREAS OF HIGHER ELEVATION
AND FROM PUBLIC STREETS AND EASEMENTS. NO LOT OWNER SHALL CONSTRUCT OR
PERMIT TO BE CONSTRUCTED ANY FENCING OR OTHER OBSTRUCTIONS WHICH WOULD
IMPAIR THE DRAINAGE OF STORM AND SURFACE WATERS OVER AND ACROSS THEIR LOT.
THE FOREGOING COVENANTS SET FORTH IN THIS PARAGRAPH SHALL BE ENFORCEABLE
BY ANY AFFECTED LOT OWNER AND BY THE CITY OF BIXBY, OKLAHOMA.
1.5.2
THE OWNER DOES HEREBY ESTABLISH AND GRANT AN 11' DRAINAGE AND
UTILITY EASEMENT OVER AND UPON THE AREA DESIGNATED AND SHOWN ON THE
ACCOMPANYING PLAT FOR THE PURPOSE HEREIN ESTABLISHED IN SECTION I AND FOR
THE CONSTRUCTION AND MAINTENANCE OF A DRAINAGE SWALE ON LOTS 10 THRU 13,
IN BLOCK 7. NO LOT OWNER SHALL CHANGE OR CAUSE TO BE CHANGED, THE CONTOUR
OF THAT PORTION OF HIS LOT IN AREA OF THE DRAINAGE AND UTILITY EASEMENT.
1.6
FENCE EASEMENT
1.6.1
THE
OWNER DOES HEREBY ESTABLISH AND GRANT FENCE AND LANDSCAPE EASEMENTS OVER
AND UPON THE AREAS DESIGNATED AND SHOWN ON THE ACCOMPANYING PLAT FOR THE
USE AND BENEFIT OF THE HOMEOWNER'S ASSOCIATION OF `GRAYSTONE'. THE FENCE
AND LANDSCAPE EASEMENTS ARE FOR THE LIMITED PURPOSE OF CONSTRUCTING AND
MAINTAINING PERIMETER DECORATIVE FENCES AND ENTRY FEATURES INCLUDING BUT
NOT LIMITED TO FENCES, WALLS, SPRINKLER SYSTEM, AND LANDSCAPING, AND FOR
THE PURPOSES OF MAINTAINING AND REPAIR THEREOF, TOGETHER WITH THE RIGHT OF
ACCESS OVER, ACROSS AND ALONG SUCH EASEMENTS AND OVER, ACROSS AND ALONG
LOTS IN `GRAYSTONE' WHICH CONTAIN SUCH EASEMENTS.
1.7
LIMITS
OF NO ACCESS
1.7.1
THE
OWNER OF EACH LOT HEREBY RELINQUISHES RIGHT OF INGRESS AND EGRESS TO THE
ABOVE DESCRIBED PROPERTY WITHIN THE BOUNDS DESIGNATED AS `LIMITS OF NO
ACCESS' (LNA) EXCEPT AS MAY HEREAFTER BE RELEASED, ALTERED OR AMENDED BY
THE CITY OF BIXBY OR ITS SUCCESSORS, OR AS OTHERWISE PROVIDED BY THE
STATUTES AND LAWS OF THE STATE OF OKLAHOMA PERTAINING THERETO.
1.7.2
THE
FOREGOING COVENANTS CONCERNING LIMITS OF NO ACCESS SHALL BE ENFORCEABLE BY
THE CITY OF BIXBY, AND THE OWNER OF EACH LOT AGREES TO BE BOUND HEREBY.
1.7.3
NO
RESIDENCE SHALL HAVE THE RIGHT OF INGRESS OR EGRESS FROM EAST 115TH STREET
BETWEEN SOUTH SHERIDAN ROAD AND THE COMMON INTERSECTION OF EAST 115TH
STREET AND EAST 115TH PLACE, NOR FROM ANY PORTION OF THE ROUND-ABOUT
(RESERVE G), WITH THE EXCEPTION OF LOT 1, BLOCK 5, AND LOT 14, BLOCK 2.
1.7.4
NO
PARKING SHALL BE ALLOWED ON EITHER SIDE OF EAST 115TH STREET BETWEEN SOUTH
SHERIDAN ROAD AND THE COMMON INTERSECTION OF EAST 115TH STREET AND EAST
115TH PLACE.
SECTION II. RESERVES
2.1
RESERVE `A'
2.1.1 THE OWNER DOES HEREBY ESTABLISH AND GRANT AN
EASEMENT OVER THE AREA DESIGNATED AND SHOWN ON THE ACCOMPANYING PLAT AS
RESERVE `A' FOR THE PURPOSE OF CONSTRUCTING PRIVATE STREETS FOR THE USE
AND BENEFIT OF THE HOMEOWNERS ASSOCIATION OF `GRAYSTONE'.
2.1.2
THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR KEEPING THE
PRIVATE STREETS MAINTAINED AND IN GOOD CONDITION. COST OF MAINTENANCE AND
REPAIRS FOR PRIVATE STREETS SHALL BE THE RESPONSIBILITY OF THE OWNERS OF
THE LOTS IN DEVONSHIRE AT GRAYSTONE (BLOCK 3) ONLY.
2.2 RESERVES `B', `C', `D', `E', `F',
`G', `H', `I' AND `J'.
2.2.1 THE OWNER DOES HEREBY ESTABLISH AND GRANT AN
EASEMENT OVER THE AREAS DESIGNATED AND SHOWN ON THE ACCOMPANYING PLAT AS
RESERVES `B', `C', `D', `E', `F', `G', `H', `I' AND `J' FOR THE PURPOSES
OF CONSTRUCTING PATTERNED CONCRETE AREAS AND/OR CENTER ISLANDS FOR
LANDSCAPING FOR THE USE AND BENEFIT OF THE HOMEOWNERS ASSOCIATION OF
`GRAYSTONE'. THE RESERVES ARE FOR THE LIMITED PURPOSES OF CONSTRUCTING AND
MAINTAINING PATTERNED CONCRETE AND LANDSCAPING FEATURES.
2.2.2
THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR KEEPING THE
LANDSCAPING MAINTAINED AND IN GOOD CONDITION. LANDSCAPING IN RESERVE F
SHALL BE THE RESPONSIBILITY OF OWNERS OF LOTS IN DEVONSHIRE AT GRAYSTONE
(BLOCK 3) ONLY.
2.2.3
THE HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR KEEPING THE
PATTERNED CONCRETE MAINTAINED AND IN GOOD CONDITION. IN THE EVENT IT IS
NECESSARY TO REPAIR THE PAVING OR PUBLIC UTILITY IN A RESERVE AREA IT
SHALL BE THE RESPONSIBILITY OF THE HOMEOWNERS ASSOCIATION TO REPAIR OR
REPLACE THE PATTERNED CONCRETE. REPAIR OF PAVING OR PUBLIC UTILITY IN
RESERVE F SHALL BE THE RESPONSIBILITY OF OWNERS OF LOTS IN DEVONSHIRE AT
GRAYSTONE (BLOCK 3) ONLY.
SECTION III. RESTRICTIONS AND
COVENANTS
3.1
HOMEOWNERS ASSOCIATION
3.1.1
THE OWNER AND DEVELOPER OF `GRAYSTONE' SHALL BE RESPONSIBLE FOR ALL
MAINTENANCE UNTIL THE ESTABLISHMENT OF THE `GRAYSTONE HOMEOWNERS
ASSOCIATION'. THE ESTABLISHMENT OF AN ASSOCIATION IS MANDATORY, AND
MEMBERSHIP IN THE ASSOCIATION SHALL BE MANDATORY TO EACH LOT OWNER IN
GRAYSTONE, BUT ONLY AFTER THE INITIAL OCCUPANCY OF A HOME BUILT ON A LOT,
OR ONE YEAR AFTER THE INITIAL CONVEYANCE FROM THE OWNER AND DEVELOPER TO A
LOT BUYER---WHICHEVER OCCURS FIRST. THE ASSOCIATION SHALL BE FORMED, AND
SHALL FUNCTION ACCORDING TO THE ARTICLES OF INCORPORATION AND BY-LAWS.
DUES AND ASSESSMENTS SHALL BE ESTABLISHED BY THE ASSOCIATION ACCORDING TO
THE PROVISIONS OF THE ARTICLES AND BY-LAWS, AND THE ASSOCIATION SHALL HAVE
LEGAL REMEDY FOR THE FAILURE OF ANY LOT OWNER TO MAKE TIMELY PAYMENT OF
DULY AUTHORIZED DUES OR ASSESSMENTS. DUES OF THE ASSOCIATION SHALL BE
TERMED `BASE DUES'. BASE DUES SHALL BE DEFINED AS THOSE DUES NECESSARY TO
CONDUCT BUSINESS AND PROVIDE FOR THE COMMON GOOD AND BENEFIT OF ALL LOT
OWNERS IN GRAYSTONE, AND THEY SHALL BE EVENLY APPLIED. MAINTENANCE OF
COMMON AREAS ARE FOR THE COMMON GOOD, AND THEY SHALL INCLUDE: THE ENTRYWAY
FEATURE INCLUDING TREES AND LANDSCAPING, SPRINKLER SYSTEM, LIGHTING, AND
FENCING (AND INCLUDING THE MAINTAINED SHERIDAN STREET RIGHT OF WAY); THE
SIDEWALKS; THE RESERVE AREAS (WITH THE EXCEPTION OF RESERVES `A' AND `F'
WHICH SHALL BE MAINTAINED BY THE OWNERS OF LOTS IN DEVONSHIRE AT GRAYSTONE
(BLOCK 3); THE GARDEN WITHIN THE ROUND-ABOUT FEATURE; AND THE CENTER
LANDSCAPE ISLANDS AND PATTERNED CONCRETE AREAS LOCATED IN ANY PUBLIC
STREET RIGHT OF WAY IN GRAYSTONE. SUBJECT TO A MAJORITY VOTE OF BOTH THE
GRAYSTONE HOMEOWNERS ASSOCIATION AND THE ESTATES OF GRAYSTONE HOMEOWNERS
ASSOCIATION, THE ASSOCIATIONS SHALL MERGE AND BECOME ONE---THE `GRAYSTONE
HOMEOWNERS ASSOCIATION'.
3.2
ARCHITECTURAL COMMITTEE
3.2.1
THE GRAYSTONE ARCHITECTURAL COMMITTEE IS HEREBY FORMED. THE MANAGER
OF GRAYSTONE DEVELOPMENT L.L.C. AND ONE OR TWO OTHER MEMBERS APPOINTED BY
THE MANAGER WILL INITIALLY BE THE DESIGNATED ARCHITECTURAL COMMITTEE. THE
COMMITTEE IS FORMED TO REVIEW AND CONSIDER FOR APPROVAL PLANS FOR ANY
STRUCTURE PRIOR TO IT BEING BUILT IN GRAYSTONE. IT SHALL BE RESPONSIBLE
FOR INTERPRETING THE PROVISIONS OF SECTION III, AND FOR ALL DEVELOPMENT
AND CONSTRUCTION STANDARDS. AT A POINT MUTUALLY AGREEABLE TO THE MANAGER
OF GRAYSTONE DEVELOPMENT L.L.C. AND THE GRAYSTONE HOMEOWNERS ASSOCIATION,
THE RESPONSIBILITIES OF THE COMMITTEE MAY BE ASSIGNED TO THE ASSOCIATION.
THE ASSOCIATION SHALL ESTABLISH FROM THE MEMBERSHIP A DULY AUTHORIZED
COMMITTEE. THE COMMITTEE SHALL CONSIST OF ONE REPRESENTATIVE FROM ESSEX
PARK AT GRAYSTONE, ONE FROM WINDSOR PARK AT GRAYSTONE, ONE FROM DEVONSHIRE
AT GRAYSTONE, AND, IN THE EVENT OF A MERGER AS PROVIDED FOR IN 3.1.1
ABOVE, ONE FROM THE ESTATES OF GRAYSTONE.
3.2.2
NO BUILDING SHALL BE ERECTED, PLACED, OR ALTERED ON ANY LOT IN
GRAYSTONE UNTIL THE FLOOR PLAN, EXTERIOR ELEVATION AND MATERIAL THEREOF,
AND PLOT PLAN, WHICH PLOT PLAN SHOWS THE LOCATION AND FACING OF SUCH
BUILDING, ALL OF WHICH HAVE BEEN DRAWN BY A PROFESSIONAL ARCHITECT OR HOME
DESIGNER, AND HAVE BEEN APPROVED IN WRITING BY THE DULY AUTHORIZED
ARCHITECTURAL COMMITTEE. IN THE EVENT THE ARCHITECTURAL COMMITTEE FAILS TO
APPROVE OR DISAPPROVE ANY SUCH PLANS, SPECIFICATIONS, MATERIALS AND PLOT
PLANS SUBMITTED TO IT AS HEREIN REQUIRED WITHIN FOURTEEN (14) DAYS AFTER
SUCH SUBMISSION, SUCH APPROVAL SHALL NOT BE REQUIRED AND THIS COVENANT
SHALL BE DEEMED TO HAVE BEEN FULLY COMPLIED WITH. THE ARCHITECTURAL
COMMITTEE'S PURPOSE IS TO PROMOTE GOOD DESIGN AND COMPATIBILITY WITHIN THE
SUBDIVISION, AND IN IT'S REVIEW OF PLANS OR DETERMINATION OF ANY WAIVER AS
HEREINAFTER AUTHORIZED, 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 ERECTED, AND THE HARMONY THEREOF WITH THE
SURROUNDING AREA. THE ARCHITECTURAL COMMITTEE SHALL NOT BE LIABLE FOR ANY
APPROVAL, DISAPPROVAL, OR FAILURE TO APPROVE HEREUNDER, AND IT'S APPROVAL
OF BUILDING PLANS SHALL NOT CONSTITUTE A WARRANTY OR RESPONSIBILITY FOR
BUILDING METHODS, MATERIALS, PROCEDURES, STRUCTURAL DESIGN, GRADING,
DRAINAGE, OR CODE VIOLATIONS. THE APPROVAL OR DISAPPROVAL OR THE FAILURE
TO APPROVE ANY BUILDING PLANS SHALL NOT BE DEEMED A WAIVER OF ANY
RESTRICTION, UNLESS THE ARCHITECTURAL COMMITTEE IS HEREINAFTER AUTHORIZED
TO GRANT THE PARTICULAR WAIVER. THE POWERS AND DUTIES OF THE COMMITTEE OR
IT'S DESIGNATED REPRESENTATIVES SHALL CEASE ON DECEMBER 1, 2015.
THEREAFTER THE APPROVAL DESCRIBED IN THIS COVENANT SHALL NOT BE REQUIRED
UNLESS PRIOR TO SAID DATE, OR EFFECTIVE THEREON, A WRITTEN INSTRUMENT
SHALL BE EXECUTED BY THE THEN RECORD OWNERS OF THE MAJORITY OF THE LOTS IN
THIS SUBDIVISION AND DULY RECORDED, APPOINTING A REPRESENTATIVE OR
REPRESENTATIVES WHO SHALL THEREAFTER EXERCISE THE POWERS AS PREVIOUSLY
EXERCISED BY THE COMMITTEE FOR SUCH PERIOD AS MAY BE SPECIFIED IN THE
INSTRUMENT.
3.2.3
GRAYSTONE LOTS SHALL BE SINGLE FAMILY RESIDENTIAL LOTS ONLY.
MINIMUM SQUARE FOOTAGE OF LIVING AREA RESTRICTIONS APPLY (SEE 3.2.34
BELOW) TO EACH SECTION IN GRAYSTONE (ESSEX PARK, WINDSOR PARK, AND
DEVONSHIRE). THE COMPUTATION OF LIVING AREA SHALL NOT INCLUDE GARAGES,
BASEMENTS, DETACHED LIVING SPACE, OR ATTICS. IT SHALL BE MEASURED
HORIZONTALLY AT THE TOP PLATE LEVEL TO THE FACE OF THE OUTSIDE WALL.
LIVING AREA MUST AVERAGE AT LEAST SEVEN FEET SIX INCHES IN HEIGHT, EXCEPT
FOR THE SECOND FLOOR WHICH SHALL BE SEVEN FEET SIX INCHES FOR A LEAST ONE
HALF THE AREA TO BE INCLUDED. ANY AREA LESS THAN FIVE FEET IN HEIGHT SHALL
NOT BE CONSIDERED LIVING AREA.
3.2.4
CONCRETE STEM WALLS SHALL BE COVERED WITH BRICK, NATURAL STONE OR
STUCCO.
3.2.5
A GARAGE PROVIDING FOR A MINIMUM OF TWO AUTOMOBILES SHALL BE
PROVIDED ON EACH LOT. CARPORTS ARE NOT PERMITTED. GLASS IN GARAGE DOORS IS
NOT PERMITTED. GARAGES WHICH ACCESS THE STREET FROM A SIDE YARD SHALL BE
SET BACK A MINIMUM OF TWENTY FEET. SEE SPECIAL RESTRICTIONS IN 3.2.34
BELOW.
3.2.6
NO PRE-EXISTING OR OFF-SITE BUILT RESIDENCE MAY BE MOVED ONTO ANY
LOT.
3.2.7
OUT BUILDINGS OR OTHER PERMANENT STRUCTURES SHALL NOT BE BUILT
WITHOUT PRIOR WRITTEN APPROVAL FROM THE ARCHITECTURAL COMMITTEE. IF
APPROVED, THEY SHALL BE COMPATIBLE IN MATERIAL AND STYLE WITH THE PRIMARY
RESIDENCE.
3.2.8
FENCES
A. NO
FENCING SHALL EXTEND BEYOND THE FRONT BUILDING LINE, OR THE SIDE BUILDING
LINE ON A CORNER LOT, OF ANY RESIDENCE, EXCEPT AS NOTED IN PARAGRAPH `D'
BELOW.
B. IF A RESIDENCE IS BUILT BEHIND THE FRONT BUILDING LINE OF A LOT, A
FENCE MAY NOT EXTEND BEYOND THAT POINT NEAREST THE STREET AT EACH END
CORNER OF THE HOME, EXCEPT AS NOTED IN PARAGRAPH `D' BELOW.
C. FENCES SHALL BE BRICK, NATURAL STONE, OR WROUGHT IRON. IF A FENCE IS
TO BE PAINTED, THE COLOR SHALL BE APPROVED BY THE ARCHITECTURAL COMMITTEE
(EXCEPT FOR BLACK OR DARK GRAY IN THE CASE OF WROUGHT IRON). WOOD PRIVACY
FENCES MAY BE BUILT IN ESSEX PARK AND WINDSOR PARK, HOWEVER, THEY ARE
DISCOURAGED!
D. ORNAMENTAL
FENCES ONLY, NOT EXCEEDING THREE (3) FEET IN HEIGHT, COMPATIBLE WITH THE
ARCHITECTURE OF THE RESIDENCE, MAY BE BUILT FORWARD OF THE BUILDING LINE
SHOWN ON THE PLAT WITH WRITTEN APPROVAL OF THE ARCHITECTURAL COMMITTEE.
3.2.9
RESIDENCES SHALL HAVE A ROOF PITCH OF AT LEAST 9/12 OVER 75% OF THE
ROOF AREA. A ROOF PITCH OF LESS THAN 6/12 IS NOT PERMITTED EXCEPT FOR
PORCHES OR COVERED PATIOS WHICH MAY HAVE A MINIMUM PITCH OF 4/12. ROOFS
MAY BE WOOD OR HEAVY DUTY ORGANIC OR INORGANIC COMPOSITION SHINGLE. IF A
COMPOSITION SHINGLE IS USED, THE COLOR DESIGNATION BY THE MANUFACTURER
SHALL BE `WEATHERED WOOD' AND THE COLOR OF THE ROOF SHALL BE AS SPECIFIED.
THE ARCHITECTURAL COMMITTEE MAY APPROVE, UPON WRITTEN REQUEST ONLY,
EXCEPTIONS TO THESE ROOF MATERIAL AND PITCH REQUIREMENTS. APPROVAL MAY BE
GRANTED WHEN DEEMED APPROPRIATE BY THE COMMITTEE TO RECOGNIZE HISTORICAL
ARCHITECTURAL STYLES, OR SIGNIFICANT PHYSICAL CHARACTERISTICS OF A HOUSE
PLAN OR BUILDING SITE. SEE SPECIAL RESTRICTIONS IN 3.2.34 BELOW.
3.2.10
A MINIMUM OF 50% MASONRY (BRICK, NATURAL STONE, OR STUCCO),
EXCLUDING WINDOWS AND DOORS, SHALL BE REQUIRED ON ALL EXTERIORS. THE
ARCHITECTURAL COMMITTEE MAY APPROVE UPON WRITTEN REQUEST AN EXCEPTION TO
THIS PROVISION.
3.2.11
OUTDOOR SWIMMING POOLS SHALL BE IN-GROUND AND PERMANENT. CHILDREN'S
WADING OR PLAY POOLS OF A TEMPORARY NATURE ARE PERMITTED. LOTS WITH
SWIMMING POOLS SHALL PROVIDE SUFFICIENT SECURITY FENCING. SWIMMING POOL
ANCILLARY EQUIPMENT SHALL BE SHIELDED FROM VIEW OF ADJACENT PROPERTY
OWNERS AND THE STREETSCAPE.
3.2.12
EXTERIOR LIGHTING, EXCEPT TEMPORARY SEASONAL DECORATIVE LIGHTING
(35 DAYS OR LESS) AND LOW VOLTAGE LANDSCAPE LIGHTING, IS LIMITED TO
NON-GLARE BULBS OR SHIELDED FIXTURES.
3.2.13
OUTSIDE ELECTRONIC RECEPTION DEVICES, OTHER THAN 18" TO
20" SATELLITE DISHES, SHALL BE CONFINED TO THE BACKYARD, AND
SUFFICIENT FENCING SHALL BE BUILT TO SHIELD IT'S VIEW FROM ADJOINING
PROPERTY OWNERS. AN ARCHITECTURAL COMMITTEE DECISION REGARDING SUFFICIENCY
OF FENCING SHALL BE CONSIDERED FINAL.
3.2.14
BOATS, TRAILERS CAMPERS, INOPERATIVE VEHICLES, AND OTHER LARGE
RECREATIONAL EQUIPMENT SHALL NOT BE STORED ON ANY LOT FOR A PERIOD
EXCEEDING 48 HOURS IF IT IS WITHIN VIEW FROM ADJOINING PROPERTY OWNERS OR
THE STREET.
3.2.15
THE OWNER OF EACH LOT AND/OR RESIDENCE SHALL KEEP THE SAME FREE
FROM RUBBISH, LITTER, AND NOXIOUS WEEDS. ALL TRASH, GARBAGE, RUBBISH, OR
LITTER SHALL BE KEPT IN CONTAINERS ADEQUATE FOR THAT PURPOSE AND SHALL BE
STORED AND CONCEALED FROM VIEW UNTIL THE DESIGNATED DATE FOR COLLECTION.
3.2.16
NO EXPOSED CLOTHES LINE POLES OR OUTDOOR CLOTHES DRYING APPARATUS
WILL BE PERMITTED ON ANY LOT.
3.2.17
ALL STRUCTURES, LANDSCAPING, AND IMPROVEMENTS SHALL BE MAINTAINED
IN GOOD CONDITION AND IN GOOD REPAIR AT ALL TIMES.
3.2.18
NO SIGN OR OTHER ADVERTISING OF ANY KIND SHALL BE PLACED OR
MAINTAINED ON ANY LOT LONGER THAN 24 HOURS, EXCEPT THAT NEATLY PAINTED
REAL ESTATE SIGNS OF STANDARD SIZE MAY BE PLACED IN THE FRONT YARD OF A
RESIDENCE THAT IS `FOR SALE'.
3.2.19
SO LONG AS A RURAL TYPE MAILBOX IS IN USE IN GRAYSTONE BY THE
UNITED STATES POSTAL SERVICE, ALL MAILBOXES AND MAILBOX PEDESTALS IN
GRAYSTONE SHALL CONFORM IN DESIGN TO THE SPECIFIC PLAN APPROVED BY THE
ARCHITECTURAL COMMITTEE AND THE LOCATION AND DESIGN SHALL CONFORM TO THE
SPECIFICATIONS OF THE UNITED STATES POSTAL SERVICE. THE MAILBOX SHALL BE
POSITIONED SO THAT THE FRONT FACE IS APPROXIMATELY 6 INCHES FROM THE FACE
OF THE CURB AND 6 INCHES FROM THE INSIDE EDGE OF A DRIVEWAY. `INSIDE EDGE'
SHALL MEAN THE EDGE OF THE DRIVEWAY WHICH BORDERS THE LARGEST CONTIGUOUS
LOT AREA. THE BOTTOM OF THE MAILBOX SHALL BE 38 INCHES FROM STREET LEVEL.
SPECIAL LOCATION PROVISIONS MAY APPLY TO ESSEX PARK, AND BE DETERMINED BY
THE OWNER/DEVELOPER.
3.2.20
FIREPLACE CHIMNEYS FRONTING ON ANY STREET, WHETHER PRE-FAD OR FULL
MASONRY, SHALL BE VENEERED WITH BRICK, STONE, OR STUCCO. ALL NON-MASONRY
FIREPLACE CHIMNEYS SHALL HAVE AN ARCHITECTURAL COMMITTEE APPROVED SINGLE
STYLE TERMINATOR CAP. SHEET METAL, ALUMINUM VENTS, FLUE LINER TERMINALS,
CHIMNEY CAPS, OR OTHER ROOFTOP PROTRUSIONS SHALL BE PAINTED.
3.2.21
NO LOT SHALL BE USED FOR THE STORAGE OF MATERIALS FOR A PERIOD
GREATER THAN THIRTY (30) DAYS PRIOR TO THE START OF CONSTRUCTION.
CONSTRUCTION SHALL BE COMPLETE WITHIN NINE (9) MONTHS. THE OWNER OF A LOT
SHALL BE RESPONSIBLE FOR MAINTAINING THE LOT IN A NEAT AND ORDERLY
CONDITION AT ALL TIMES.
3.2.22
ALL LOTS SHALL BE SODDED AND LANDSCAPED WITHIN 60 DAYS OF OCCUPANCY
OR 60 DAYS AFTER FINAL INSPECTION, WHICHEVER OCCURS FIRST.
3.2.23
PRESERVATION OF TREES: IT SHALL BE THE DUTY AND OBLIGATION OF THE
OWNERS OF EACH LOT TO PRESERVE AND PROTECT THE TREES LOCATED ON SUCH LOT.
THE ASSOCIATION SHALL BE RESPONSIBLE FOR PROTECTING AND PRESERVING THE
TREES IN ALL COMMON AREAS, WHICH SHALL BE A COMMON EXPENSE. THE OWNER OF
EACH LOT SHALL MAKE AN EFFORT TO SAVE ALL TREES POSSIBLE AND SHALL
EXERCISE CARE TO PROTECT THE ROOT SYSTEMS OF ALL TREES DURING
CONSTRUCTION. IF A TREE ON A LOT DOES NOT SURVIVE, IT SHALL BE PROMPTLY
AND COMPLETELY REMOVED BY THE OWNER.
3.2.24
IF A LOT (BUILDING SITE) IN GRAYSTONE DOES NOT HAVE A MINIMUM OF 4
EXISTING TREES IN WHAT WILL BE THE FRONT YARD AND 2 EXISTING TREES IN WHAT
WILL BE THE REAR YARD, THE LOT OWNER/BUILDER, WITHIN 60 DAYS OF COMPLETION
OF CONSTRUCTION, SHALL PLANT 3" CALIPER TREES (MEASURED SIX INCHES
FROM THE BASE OF THE TREE) IN THE NUMBER REQUIRED TO MEET THE MINIMUM
SPECIFIED ABOVE.
3.2.25
IRRIGATION SYSTEMS: EACH HOMEOWNER SHALL INSTALL, OPERATE AND
MAINTAIN AN UNDERGROUND IRRIGATION OR SPRINKLING SYSTEM FOR THE PURPOSE OF
PROPERLY IRRIGATING AND WATERING THE TREES AND LANDSCAPING.
3.2.26
RESIDENCES WITH THE SAME FRONT ARCHITECTURAL ELEVATION SHALL NOT BE
VISIBLE ONE TO THE OTHER.
3.2.27
NO LIVESTOCK OR POULTRY SHALL BE RAISED, BRED, OR KEPT AT ANY
RESIDENCE OR ON ANY LOT. COMMON HOUSEHOLD PETS MAY BE KEPT PROVIDED THAT
THEY ARE NOT BRED OR MAINTAINED FOR COMMERCIAL PURPOSES.
3.2.28
IF ALUMINUM WINDOWS ARE USED ON ANY RESIDENCE, THE FRAME OF THE
WINDOWS SHALL NOT APPEAR UNFINISHED (NO MILL FINISH).
3.2.29
THE MINIMUM SIDE YARD SET BACK AND SEPARATION DISTANCE FROM
ADJACENT RESIDENCES SHALL BE AS FOLLOWS: ESSEX PARK-5' ON EACH SIDE;
WINDSOR PARK-5' ON ONE SIDE AND 10' ON THE OTHER WITH A MINIMUM SEPARATION
OF 15' BETWEEN RESIDENCES (IF AN ADJACENT STRUCTURE HAS NOT BEEN BUILT
EACH SIDE SHALL BE 10'); DEVONSHIRE-10' ON EACH SIDE WITH A MINIMUM
SEPARATION OF 30' (IF AN ADJACENT STRUCTURE HAS NOT BEEN BUILT EACH SIDE
SHALL BE 15').
3.2.30
ALL CORNER LOTS WHICH HAVE THE SAME BUILDING LINE DISTANCE ON BOTH
STREETS SHALL HAVE THE OPTION TO FACE EITHER STREET, THE BUILDING LINE
DISTANCE SHALL BE 20.00' FROM THE STREET WHICH BECOMES THE `SIDE YARD'.
HOMES ON ALL OTHER LOTS SHALL BE BUILT FACING THE MOST RESTRICTIVE
BUILDING LINE.
3.2.31
EACH LOT OWNER IN GRAYSTONE SHALL INSTALL AN ARCHITECTURAL
COMMITTEE APPROVED SINGLE STYLE YARD SECURITY LIGHT. IT SHALL BE PROVIDED
BY THE DEVELOPER, AND SHALL BE INSTALLED IN A LOCATION ON THE LOT SELECTED
BY THE LOT OWNER. HOWEVER, REGARDLESS OF THE LOCATION SELECTED, IT SHALL
BE POSITIONED ON A LINE PERPENDICULAR TO, AND 25' FROM, THE FACE OF THE
CURB IN ESSEX PARK AND WINDSOR PARK; AND 35' FROM THE OUTSIDE EDGE OF THE
CURB IN DEVONSHIRE. THE LOT OWNER SHALL ASSURE THAT THE INSTALLATION
WIRING INCLUDES THE USE OF A PHOTO CELL SO THAT THE YARD SECURITY LIGHT
AUTOMATICALLY ILLUMINATES EACH NIGHT.
3.2.32
EACH OWNER SHALL PROMPTLY AND PROPERLY COMPLY WITH ALL FEDERAL,
STATE, COUNTY, OR LOCAL LAWS, STATUTES, ORDINANCES, RULES, AND REGULATIONS
REGARDING USE AND OCCUPANCY OF OWNER'S PROPERTY AND CONSTRUCTION AND
MAINTENANCE OF ANY IMPROVEMENTS THEREON, INCLUDING, BUT NOT LIMITED TO,
APPLICABLE ZONING, LAND USE, AND HEALTH AND SAFETY ISSUES.
3.2.33
IN THE EVENT AN OWNER LEASES THEIR RESIDENCE, THE OWNER HAS AN
AFFIRMATIVE DUTY TO NOTIFY THE TENANT OF THE EXISTENCE OF THE GRAYSTONE
HOMEOWNERS ASSOCIATION, AND THE TERMS AND CONDITIONS OF THE RESTRICTIVE
COVENANTS SET FORTH HEREIN. A COPY OF THE COVENANTS SHALL BE PROVIDED BY
OWNER TO TENANT. THE OWNER SHALL INSURE THAT THE TENANT COMPLIES WITH THE
COVENANTS AND REQUIREMENTS HEREIN; AND SHALL PROVIDE THE UNDERSIGNED
OWNER/DEVELOPER AND THE THEN PRESIDENT OF THE ASSOCIATION WITH THE NAME
AND PHONE NUMBER OF THE TENANT AND THE ADDRESS AND PHONE NUMBER WHERE THE
LOT OWNER CAN BE CONTACTED IN THE EVENT ANY PROBLEMS REGARDING COMPLIANCE
WITH THE COVENANTS OR OTHER REQUIREMENTS SET FORTH HEREIN OCCUR. OWNER
ACKNOWLEDGES HE IS AWARE THAT COMPLIANCE WITH THE TERMS AND CONDITIONS OF
THE COVENANTS IS THE OWNERS ULTIMATE RESPONSIBILITY REGARDLESS OF ANY
AGREEMENT BETWEEN THE OWNER AND THE TENANT AND ANY ACTION OR INACTION ON
THE PART OF THE TENANT.
3.2.34
THE FOLLOWING RESTRICTIONS AND COVENANTS SHALL APPLY UNIQUELY AND
SPECIFICALLY TO EACH SECTION IN GRAYSTONE, RESPECTIVELY:
ESSEX PARK AT GRAYSTONE
(BLOCKS 4 THRU 7)
3.2.34.1
LIVING AREA SHALL BE 2500 SQUARE FEET FOR SINGLE STORY, AND 3000
SQUARE FEET FOR ONE AND ONE-HALF AND TWO STORY HOMES.
3.2.34.2
ROOF MATERIAL SHALL BE HEAVY DUTY COMPOSITION ONLY, WITH A MINIMUM
30 YEAR RATING. THIS PROVISION SHALL NOT BE WAIVED OR MODIFIED.
3.2.34.3
GARAGES SHALL BE SIDE LOADING WHEN PRACTICAL. SIDE LOADING GARAGES
WILL BE REQUIRED BY THE ARCHITECTURAL COMMITTEE ON LOTS SPECIFIED BY THE
COMMITTEE. IN DETERMINING WHICH LOTS SHALL REQUIRE SIDE LOADING GARAGES,
SIZE AND OTHER PHYSICAL FEATURES OF THE LOT AND CONSTRUCTION SITE WILL BE
CONSIDERED.
WINDSOR PARK AT GRAYSTONE
(BLOCKS 1 AND 2)
3.2.34.4
LIVING AREA SHALL BE 2700 SQUARE FEET FOR SINGLE STORY, AND 3000
SQUARE FEET FOR ONE AND ONE-HALF AND TWO STORY HOMES.
3.2.34.5
ROOF MATERIAL: ALL PROVISIONS IN 3.2.10 SHALL APPLY.
3.2.34.6
GARAGES SHALL BE SIDE OR REAR LOADING. FRONT LOADING GARAGES MAY BE
PERMITTED BY WRITTEN REQUEST TO THE ARCHITECTURAL COMMITTEE WHEN A
HARDSHIP EXISTS DUE TO SPECIFIC PHYSICAL FEATURES OF THE LOT AND
CONSTRUCTION SITE SUCH AS PRESERVATION OF TREES, TERRAIN, AND SHAPE OF THE
LOT.
DEVONSHIRE AT GRAYSTONE (BLOCK
3)
3.2.34.7
LIVING AREA SHALL BE 3500 SQUARE FEET FOR SINGLE STORY, AND 4000
SQUARE FEET FOR ONE AND ONE-HALF AND TWO STORY HOMES.
3.2.34.8
ROOF MATERIAL: ALL PROVISIONS IN 3.2.10 SHALL APPLY EXCEPT THAT
COMPOSITION SHINGLES SHALL HAVE A MINIMUM 35 YEAR RATING. ADDITIONALLY,
ALL ROOF FLASHINGS AND VALLEYS SHALL BE MADE OF BRONZE OR COPPER MATERIAL,
AND SHALL BE EXPOSED. THE SINGLE STYLE TERMINATOR CAP ON PRE-FAB
FIREPLACES SHALL BE MADE OF BRONZE OR COPPER MATERIAL.
3.2.34.9
GARAGES SHALL BE SIDE OR REAR LOADING. FRONT LOADING GARAGES MAY BE
PERMITTED BY WRITTEN REQUEST TO THE ARCHITECTURAL COMMITTEE WHEN A
HARDSHIP EXISTS DUE TO SPECIFIC PHYSICAL FEATURES OF THE LOT AND
CONSTRUCTION SITE SUCH AS PRESERVATION OF TREES, TERRAIN, AND SHAPE OF THE
LOT. GARAGES MAY BE DETACHED, AND MAY CONTAIN LIVING QUARTERS FOR FAMILY
MEMBERS OR HOUSEHOLD HELP. SPACE SHALL BE PROVIDED FOR A MINIMUM OF 3 CARS
AND A MAXIMUM OF 6 CARS.
3.2.34.10
RESIDENCES WITH THE SAME ELEVATION SHALL NOT BE PERMITTED IN
DEVONSHIRE.
3.2.34.11
FENCING SHALL BE BRICK, NATURAL STONE, OR WROUGHT IRON. FENCE COLOR
AND DESIGN SHALL BE SUBMITTED TO THE ARCHITECTURAL COMMITTEE FOR APPROVAL
PRIOR TO INSTALLATION. OTHER FENCE MATERIALS MAY BE APPROVED, UPON WRITTEN
REQUEST, BY THE ARCHITECTURAL COMMITTEE.
3.2.34.12
BEGINNING TWO YEARS AFTER ACCEPTANCE BY THE CITY OF BIXBY AND
THIRTY DAYS AFTER THE INITIAL FORMATION OF THE GRAYSTONE HOMEOWNERS
ASSOCIATION, THE OWNERS IN DEVONSHIRE SHALL BE SOLELY RESPONSIBLE FOR THE
MAINTENANCE AND UPKEEP OF THE PRIVATE STREETS, CONTROLLED ACCESS GATE AND
PRIVATE ENTRYWAY FEATURE, PRIVATE LANDSCAPE FEATURES, DECORATIVE STREET
LIGHTS, AND OTHER AMENITIES THAT ARE FOR THE EXCLUSIVE USE AND ENJOYMENT
OF DEVONSHIRE HOMEOWNERS. A SINKING FUND FOR DEFERRED MAINTENANCE SHALL BE
ESTABLISHED BY THE DEVONSHIRE HOMEOWNERS, AND PAYMENT INTO THE FUND SHALL
BE MANDATORY FOR EACH OWNER.
3.2.35
THESE RESTRICTIVE COVENANTS, TOGETHER WITH THE OTHER DOCUMENTS
INCORPORATED BY REFERENCE, SHALL BE CONSTRUED AS AN ENTITY AND THE
PERTINENT SECTIONS OF ALL INSTRUMENTS AS A WHOLE. THE INVALIDITY OF ANY
PHRASE, CLAUSE OR PROVISION HEREIN CONTAINED SHALL NOT SERVE TO RENDER THE
BALANCE OF THIS INSTRUMENT VOID OR UNENFORCEABLE, AND THE SAME SHALL BE
THEREAFTER CONSTRUED AS IF SUCH CLAUSE OR PROVISION WERE NOT HEREIN
CONTAINED, OR TO OTHERWISE GIVE MAXIMUM EFFECT TO THE INTENT OF THE
UNDERSIGNED. THE FAILURE OF THE GRANTOR OR ANY SUCCESSOR IN TITLE TO
ENFORCE ANY GIVEN RESTRICTION, COVENANT, OR CONDITION, AT ANY TIME OR FROM
TIME TO 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. IN MATTERS PERTAINING TO THE APPEARANCE OF SPECIFIC HOMES IN
GRAYSTONE OR THE OVERALL APPEARANCE OF THE GRAYSTONE SUBDIVISION, THE
ARCHITECTURAL COMMITTEE SHALL BE RESPONSIBLE FOR INTERPRETING THESE
COVENANTS, OR DECIDING THE STANDARD TO BE USED IN THE EVENT A COVENANT
BECOMES INVALID OR UNENFORCEABLE.
3.2.36
THE OWNER AND DEVELOPER OF GRAYSTONE RESERVES THE RIGHT IN IT'S
SOLE DISCRETION AND WITHOUT JOINDER OF ANY OF THE OWNERS OF ANY OTHER LOT
AT ANY TIME SO LONG AS IT IS OWNER OF TWO OR MORE LOTS TO AMEND, REVISE OR
ABOLISH ANY ONE OR MORE OF THE ABOVE COVENANTS AND RESTRICTIONS CONTAINED
IN THIS SECTION III BY INSTRUMENT DULY EXECUTED AND ACKNOWLEDGED BY IT AS
OWNER AND DEVELOPER AND FILED IN THE COUNTY CLERK'S OFFICE AT THE COURT
HOUSE OF TULSA COUNTY, OKLAHOMA. SUBSEQUENT TO THE FORMATION OF THE
GRAYSTONE HOMEOWNERS ASSOCIATION, THE OWNER AND DEVELOPER MAY ASSIGN THIS
RESERVATION TO THE ASSOCIATION. HOWEVER, THE BY-LAWS OF THE ASSOCIATION
SHALL PROVIDE THAT A (ANY) COVENANT SHALL NOT BE CHANGED OR ABOLISHED
UNLESS APPROVED BY SIXTY PERCENT (60%) OF THE MEMBER OF THE ASSOCIATION.
SECTION
IV. ENFORCEMENT, DURATION, AMENDMENT OR TERMINATION AND SEVERABILITY
4.1
ENFORCEMENT AND DURATION
4.1.1
THE RESTRICTIONS HEREIN SET FORTH ARE COVENANTS TO RUN WITH THE
LAND AND SHALL BE BINDING UPON THE UNDERSIGNED OWNER, ITS GRANTEES,
SUCCESSORS AND ASSIGNS AND ALL PARTIES CLAIMING UNDER IT FOR A PERIOD OF
TWENTY‑FIVE (25) YEARS FROM THE DATE OF RECORDING HEREOF, AFTER
WHICH TIME SAID COVENANTS SHALL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE
PERIODS OF TEN (10) YEARS UNLESS AMENDED OR TERMINATED AS HEREAFTER
PROVIDED. IF THE UNDERSIGNED OWNER, OR ITS SUCCESSORS OR ASSIGNS, SHALL
VIOLATE ANY OF THE COVENANTS HEREON, IT SHALL BE LAWFUL FOR THE CITY OF
BIXBY OR ANY PERSONS OWNING A LOT SITUATED WITHIN THE SUBDIVISION TO
MAINTAIN AN ACTION AT LAW OR EQUITY AGAINST THE PERSON OR PERSONS
VIOLATING OR ATTEMPTING TO VIOLATE ANY SUCH COVENANT, TO PREVENT HIM OR
THEM FROM SO DOING OR TO COMPEL COMPLIANCE WITH THE COVENANTS OR TO
RECOVER DAMAGES FOR SUCH VIOLATIONS.
4.2
AMENDMENT OR TERMINATION
4.2.1
THE COVENANTS IN SECTIONS I AND II MAY BE AMENDED OR TERMINATED AT
ANY TIME BY INSTRUMENT SIGNED BY THE OWNERS OF SIXTY PERCENT (60%) OF THE
LOTS AND APPROVED BY THE APPLICABLE UTILITY COMPANY AND THE CITY OF BIXBY,
OKLAHOMA. THE COVENANTS IN SECTION III MAY BE AMENDED OR TERMINATED BY
INSTRUMENT SIGNED BY SIXTY PERCENT (60%) OF THE LOT OWNERS AND APPROVED BY
THE CITY OF BIXBY, OKLAHOMA. COVENANTS PERTAINING SPECIFICALLY AND
UNIQUELY TO EITHER ESSEX PARK, WINDSOR PARK, OR DEVONSHIRE MAY NOT BE
AMENDED OR TERMINATED EXCEPT BY A VOTE OF SIXTY PERCENT (60%) OF THE
OWNERS WITHIN THEIR RESPECTIVE SECTION.
4.3
SEVERABILITY
4.3.1
INVALIDATION OF ANY RESTRICTION SET FORTH HEREIN, OR ANY PART
THEREOF, BY AN ORDER, JUDGMENT, OR DECREE OR ANY COURT, OR OTHERWISE,
SHALL NOT INVALIDATE OR AFFECT ANY OF THE OTHER RESTRICTIONS OR ANY PART
THEREOF SET FORTH HEREIN, WHICH SHALL REMAIN IN FULL FORCE AND
EFFECT.
4.3.2
ALL STREETS SHALL BE GRADED, BASE MATERIAL APPLIED AND SURFACE
PAVED IN ACCORDANCE WITH THE ENGINEERING DESIGN STANDARDS OF THE CITY OF
BIXBY TO INCLUDE CURBS AND GUTTERS, STREET NAME SIGNS IN PLACE, VISUAL
SCREENS ESTABLISHED, UTILITIES AND STREET LIGHTS INSTALLED, DRAINAGE
STRUCTURES CONSTRUCTED IN ACCORDANCE WITH THE APPROVED PLANS ON FILE IN
THE OFFICE OF THE CITY ENGINEER BY THE OWNER, AT HIS EXPENSE, AND IN
COMPLIANCE WITH THE ENGINEERING DESIGN STANDARDS OF THE CITY OF BIXBY. THE
OWNER SHALL PROVIDE A MAINTENANCE BOND OR OTHER APPROVED SECURITY DEVICES
COVERING THE MAINTENANCE OF ALL STREETS AND SIDEWALKS FOR A PERIOD OF TWO
(2) YEARS FROM THE DATE OF THE ACCEPTANCE OF THESE FACILITIES, AND SHALL
PROVIDE A MAINTENANCE BOND FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF
ACCEPTANCE FOR ALL OTHER PUBLIC FACILITIES INSTALLED.
IN WITNESS WHEREOF, GRAYSTONE
DEVELOPMENT L.L.C., HAS EXECUTED THIS INSTRUMENT ON THIS 23RD DAY OF JUNE,
1997.
GRAYSTONE DEVELOPMENT, L.L.C.
_________________________________
LINDSAY PERKINS, MEMBER/MANAGER
STATE OF OKLAHOMA
)
) SS
COUNTY
OF TULSA )
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC, IN AND
FOR SAID COUNTY AND STATE, ON THIS 23RD DAY OF JUNE, 1997, PERSONALLY
APPEARED LINDSAY PERKINS, TO ME KNOWN TO BE THE IDENTICAL PERSON WHO
SUBSCRIBED HIS NAME AS THE MEMBER/MANAGER OF GRAYSTONE DEVELOPMENT L.L.C.,
AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS HIS FREE AND VOLUNTARY
ACT AND DEED AND AS THE FREE AND VOLUNTARY ACT AND DEED OF SUCH COMPANY,
FOR THE USES AND PURPOSES THEREIN SET FORTH.
GIVEN UNDER MY HAND AND SEAL
OF OFFICE THE DAY AND YEAR LAST ABOVE WRITTEN.
_________________________
___________________________________
MY COMMISSION EXPIRES
NOTARY PUBLIC
CERTIFICATE
OF SURVEY
THEODORE A. SACK OF SACK AND
ASSOCIATES, INC., AN OKLAHOMA CORPORATION, DOES HEREBY CERTIFY THAT HE HAS
CAREFULLY AND ACCURATELY SURVEYED, SUBDIVIDED, STAKED, AND PLATTED THE
LAND DESCRIBED ABOVE AND THAT THE ABOVE PLAT DESIGNATED AS 'GRAYSTONE', A
SUBDIVISION IN THE CITY OF BIXBY, TULSA COUNTY, OKLAHOMA, IS A TRUE
REPRESENTATION OF THE SURVEY.
WITNESS
MY HAND AND SEAL THIS 23RD DAY OF JUNE, 1997.
____________________________________
THEODORE A. SACK
REGISTERED PROFESSIONAL LAND
SURVEYOR, OKLAHOMA NO. 1139
STATE OF OKLAHOMA
)
) SS
COUNTY
OF TULSA )
BEFORE ME THE UNDERSIGNED, A
NOTARY PUBLIC, IN AND FOR SAID COUNTY AND STATE, ON THIS 23RD DAY OF JUNE,
1997, PERSONALLY APPEARED THEODORE A. SACK TO ME KNOWN TO BE THE IDENTICAL
PERSON WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE EXECUTED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEED FOR THE USES
AND PURPOSES THEREIN SET FORTH.
GIVEN UNDER MY HAND AND SEAL
OF OFFICE THE DAY AND YEAR LAST ABOVE WRITTEN.
_________________________
___________________________________
MY
COMMISSION EXPIRES
NOTARY PUBLIC
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