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Plat (Map) of the Neighborhood

Below are links to various sized scanned images of the Plat of the Neighborhood.  The "Reserve Areas" discussed in the Covenant refer to this Plat.

11Mb scanned image of Plat

2.8Mb image (retouched for clarity)

1.6Mb image (retouched for clarity)

 

 

 

#45716

DEED OF DEDICATION AND RESTRICTIVE COVENANTS

 

Dated: February 14, 1994

Filed: April 19, 1994 at 1:49 PM

 

Plat No.4995

 

STANFORD ELM

An Addition to the City of Bixby, Tulsa County, Oklahoma

A Subdivision of the NW/4 NW/4 and

Part of the NE/4 NW/4 of

Section 35, Township 18 North, Range 13 East of the

Indian Base and Meridian in the City of Bixby,

County of Tulsa, State of Oklahoma.

P.U.D. NO. 14

 

DEED OF DEDICATION AND STRICTIVE COVENANTS

 

KNOW ALL MEN BY THESE PRESENTS:

 

STANFORD ELM LIMITED PARTNERSHIP, an Oklahoma Limited Partnership, hereinafter referred to as "Owner", is the owner of the following described land in the City of Bixby, County of Tulsa, State of Oklahoma:

 

All of the NW/4 NW/4 and a part of the NE/4 NW/4 of Section 35, Township 18 North, Range 13 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, being described by metes and bounds as follows, to-wit:

 

Beginning at the Northwest corner of said NE/4 NW/4; thence N89°38'29"E along the North boundary of said NE/4 NW/4 a distance of 500.00 feet; thence S0°06'20"W a distance of 150.47 feet; thence S22°07'23"W a distance of 182.37 feet; thence S11°17'53"E a distance of 189.79 feet; thence S27°40'17"W a distance of 194.24 feet; thence S64°01'48"E a distance of 125.77 feet; thence S2°29'39"W a distance of 134.01 feet; thence S22°21'28"E a distance of 147.93 feet; thence Sl°59'14"E a distance of 163.87 feet; thence S15°57' 33"E a distance of 161.52 feet to a point in the South boundary of said NE/4 NW/4 a distance of 590.75 feet to the Southwest corner of said NE/4 NW/4; thence N0°02'11"W along the West boundary of said NE/4 NW/4 a distance of 1,322.00 feet to the point of beginning, containing in both parcels 54.9097 Acres, more or less,

 

and has caused the above described land to be surveyed, staked, platted and subdivided into lots, blocks and streets, and has designated the same as "STANFORD ELM", a subdivision in the City of Bixby, Tulsa County, Oklahoma.

 

 

SECTION I

 

STREETS, EASEMENTS, AND UTILITIES

 

A.                             Public Streets and General Utility Easements

 

The Owner does hereby dedicate for the public use, East 111th Street South and South Sheridan Road, as designated on the accompanying plat, and does further dedicate for the public use the utility easements and "Stormwater Detention Easement" as designated on the accompanying plat, for the several purposes of constructing, maintaining, operating, repairing, and/or removing detention facilities, any and all public utilities including storm sewers, sanitary sewers, telephone and communication lines, electric power lines and transformers, gas line, water lines, and cable/ television lines, together with all fittings, including the poles, wires, conduits, pipes, valves, meters and equipment for each of such facilities and any other appurtenances thereto with the rights of ingress and egress to and upon the utility easements and right-of-ways for the uses and purposes aforesaid; PROVIDED, HOWEVER, that the Owner hereby reserves the right to construct, maintain, operate, lay and relay water lines and sewer lines, together with the right of ingress and egress for such construction, maintenance, operation, laying and relaying over, across and along the public street and utility easements, shown on the plat for the purpose of furnishing water and sewer services to the area included in the plat.

 

B.         Underground Electric Service

 

1.  Overhead lines for the supply of electric service may be located along the north and west perimeter of said address. Street light poles or standards may be served by underground cable and elsewhere throughout the subdivision, all supply lines shall be located underground, in the easement-ways reserved for general utility services and public streets, shown on the attached plat. Service pedestals and transformers, as sources of supply at secondary voltages, may also be located in said easement-ways.

 

2.  Underground service cables to all structures which may be located on all lots in 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 structure as may be located upon each said lot: provided that upon the installation of such a service cable to a particular structure, the supplier of electric service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right-of-way easement on said Lot, covering a five-foot strip extending 2.5 feet on each side of such service cable, extending from the service pedestal or transformer to the service entrance on said structure.

 

3.  The supplier of electric service through its proper agents and employees, shall at all times have right of access 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 electric facilities so installed by it.

 

4.  The owner of each lot shall be responsible for the protection of the underground electric facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said electric facilities.  The Company will be responsible for ordinary maintenance of underground electric facilities, but the owner will pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors. i,

 

5.  The foregoing covenants concerning underground electric facilities shall be enforceable by the supplier of electric service, and the owner of each lot agrees to be bound hereby.

 

C.        Water & Sewer Service

 

1.  The owner of each lot shall be responsible for the protection of the public water and sewer mains located on or in his lot.

 

2.  Within the depicted utility easement area, the alteration of grade in excess of 3 feet from the contours existing upon the completion of the installation of a public water or sewer main or any construction activity which may interfere with public water or sewer mains shall be prohibited.

 

3.  The City of Bixby or its successors will be responsible for ordinary maintenance of Public Water, Sanitary Sewer Mains and Storm Sewer mains, but the owner will pay for damage or relocation of such facilities caused or necessitated by acts of the owner, his agents or contractors.

 

4.  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 as 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 or sewer facilities.

 

5.  The owner of the lot shall be responsible for the repair of damage to landscaping and paving occasioned by necessary maintenance or repair of the public water or sewer facilities within the easement areas; provided, however, the City of Bixby or its successors, and the owner of each lot agrees to be bound hereby.

 

D.        Reserve Area

 

1.  For the common use and benefit of the owners of lots within Stanford Elm and for the benefit of the City of Bixby, Oklahoma, the owners herein establish and grant perpetual easements on, over and across those areas designated on the accompanying plat as "Reserve Areas "A", "B", "C", "D", "E" & "F" for the purposes of permitting the flow, conveyance, and discharge of storm water runoff from the various lots within Stanford Elm and from properties outside Stanford Elm.

 

2.  Drainage facilities constructed in restrictive drainage easements shall be in accordance with adopted standards of the City of Bixby and plans and specifications approved by the City Engineer of the City of Bixby.

 

3.  No fence, wall, building, or other obstruction may be placed or maintained in the restrictive drainage easement areas nor shall there be any alteration of the grades or contours in the easement areas unless approved by the City Engineer of the City of Bixby, provided, however, that the planting of turn or single trunk trees having a caliber of not less than 2 1/2 inches shall not require approval and provided further that fencing, walls and plantings shall be permitted across those portions of the restricted drainage easement in which enclosed storm water conduits have been constructed.

 

4.  The restrictive drainage easements areas and facilities thereon located shall be maintained by the owner of the realty upon which said drainage easement is located at his cost in accordance with standard prescribed by the City of Bixby. In the event the owner of realty over which a drainage easement is located should fail to properly maintain the easement area and facilities thereon located or, in the event of the placement of an obstruction within the easement area, or the alteration of the grade or contour therein, the City of Bixby or its designated contractor may enter the easement area and perform maintenance necessary to the achievement of the intended drainage functions and may remove any obstruction or correct any alteration of grade or contours, and the cost thereof shall be paid by the Owner.  In the event the Owner fail to pay the cost of said Maintenance after completion of the maintenance and receipt of a statement of costs, the City of Bixby may file of record a copy of the statement of costs, and thereafter the costs shall be a lien against the property which may be foreclosed by the City of Bixby.

 

E.                  Storm Water Detention Easement

 

1. For the common use and benefit of the owners of lots within Stanford Elm and for the benefit of the City of Bixby, Oklahoma, the Owners herein establish and grant perpetual easements on, over and across those areas designated on the accompanying plat of Stanford Elm as Reserve "C" for the purpose of permitting the construction and maintenance of storm water detention facilities necessary to meet City of Bixby detention requirements applicable to Stanford Elm, and for the further purposes of permitting the flow, conveyance and discharge of storm water runoff from the various lots within Stanford Elm and from properties outside Stanford Elm.

 

2.  Detention and drainage facilities constructed in detention easements shall be in accordance with adopted standards of the City of Bixby and plans and specifications approved by the City Engineer of the City of Bixby.

 

3.  No fence, wall building, or other obstruction may be placed or maintained in the detention easement nor shall there be any alteration of the grades or contours in the easement areas unless approved by the City Engineer of the City of Bixby; provided, however, that the planting of turn or single not require the approval of the City of Bixby.

 

4.  Reserve Area "C" and facilities thereon located shall be maintained by a homeowner's association whose membership shall consist of the owners of lots within Stanford Elm, and such maintenance shall be at the homeowners' association's cost and in accordance with the following standards:

 

(a)        The Reserve Area "C" shall be kept free of obstruction and debris.

(b)        The Reserve Area "C" shall be mowed during the growing season at intervals not exceeding 4 weeks.

(c)                Concrete appurtenances, if any, shall be maintained in good and working condition.

(d)               Trickle channels, if any, shall be cleaned of siltation and vegetation twice yearly.

 

5.  In the event that homeowners association fails to pay the cost of said maintenance after completion of the maintenance and receipt of a statement of costs, the City of Bixby, Oklahoma may file of record a copy of the statement of cost, and thereafter the costs shall be a lien against each of the lots within Stanford Elm provided, however, the lien against each lot shall not exceed 100% of the cost of maintenance.  A lien established as above provided may be foreclosed by the City of Bixby, Oklahoma.

 

F.         Exercise of Regulatory Authority

 

Any powers of the City of Bixby, Oklahoma, granted by the provisions of Paragraph D, Reserve Areas “A”, “B”, “C”, “D”, “E” and “F”, and Paragraph E, Storm Water Detention Easement, hereof may in all instances be exercised by the Mayor and City Council of the City of Bixby, Oklahoma, whether or not any otherwise determinative action of the City of Bixby, Oklahoma has been taken.

 

G.        Termination of Public Rights

 

Any public rights in a Reserved Area of a storm water detention easement may be terminated, released, or canceled upon resolution being adopted by the Mayor and City Council of the City of Bixby, Oklahoma.

 

H.        Private Drainage -No Public Duty

 

Nothing herein contained shall obligate or require the City of Bixby, Oklahoma, or any other governmental entity to perform or exercise any rights which may have been granted herein pertaining to the drainage facilities of the subdivision.

 

I.          Private Streets

 

The streets, as shown as Reserve “A” as designated on the accompanying plat are herein dedicated as private streets for the common use and benefit of the owners of lots within Stanford Elm, their guests and invitees, for the purpose of providing access to and from the various lots and for providing entrance security facilities, decorative fencing and landscaping, are reserved for subsequent conveyance to a property owners' association to be formed for the purposes of the administration and maintenance of the streets and other common areas of the subdivision.

 

The Owner herein grants to the City of Bixby, Oklahoma, the United States Postal Service, and to any public utility provided utility service to the subdivision, the right to enter and traverse the private streets and to operate thereon all service, emergency and government vehicles including but not limited to, police and fire vehicles and equipment, and does further grant to the City of Bixby and to any public utility providing utility service to the subdivision the right to make various underground utility crossings of the private streets as reasonably necessary to provide service, and upon the installation of any such utility line, cable or facility, such grantee shall be deemed to have a definitive perpetual easement covering a strip 5 feet in width extending 2 1/2 feet on each side of the utility line, cable or facility.

 

The Owner, for itself and its successors, herein covenants with the City of Bixby, which covenants shall run with the land and inure to the benefit of the City of Bixby and shall be enforceable by the City of. Bixby, to:

 

1.  Construct and maintain an all weather hard surface street of not less than 24 feet in width with curb and gutter, City of Bixby standard specifications extending the full length of private streets depicted within the accompanying plat to the City of Bixby Standards.

 

2.  Prohibit the erection of any arch or similar structure over any private street as depicted on the accompanying plat which would prohibit any governmental, specifically any fire, vehicle from free usage of the private streets.

 

J.          Limits of No Access

 

The undersigned Owner hereby relinquishes rights of vehicular ingress or egress from any portions of the property adjacent to South Sheridan Avenue and East 111th Street South within the bounds designated as “Limits of No Access” (L.N.A.) as shown on the attached plat, which “Limits of No Access” may be modified, amended, or released by the City of Bixby, or its successor, or as otherwise provided by the Statutes and laws of the State of Oklahoma pertaining thereto.

 

SECTION II

 

RESTRICTIONS

 

WHEREAS, Stanford Elm was submitted as Planned Unit Development (designated as PUD No. 14) pursuant to Chapter 10 of the City of Bixby Zoning Ordinance.

 

WHEREAS, the Owner desires to establish restrictions for the purpose of providing for an orderly development and to insure adequate restrictions for the mutual benefit of the Owner, its successors and assigns.

 

WHEREAS, the Planned Unit Development provisions to the Bixby Zoning Code require the establishment of covenants of record, enforceable by the City of Bixby, Oklahoma, sufficient to assure the implementation of and continued compliance with the approved planned unit development.

 

THEREFORE, the Owner does hereby impose the following restrictions and covenants which shall be covenants running with the land, and shall be binding upon the Owner, its successors and assigns.

 

A.  Use of Land

 

1.  The development of Stanford Elm shall be subject to the Planned Unit Development provisions of the Bixby Zoning Code.

 

2.  Lots 1 thru 21, Block I; Lots 1 thru 39, Block 2; Lots 1 thru 9, Block 3; Lots 1 thru 31, Block 4, shall be known and described as residential lots and shall be used for single-family residences and purposes, but may also include accessory quarters for domestic help.

 

3.  The aggregate number of dwelling units to be constructed within the subdivision shall not exceed 100.

 

4.  Reserve Areas “B” “C” “D” “E” and "F" shall be used for open space, recreation, and storm water drainage and detention facilities, and are reserved for subsequent conveyance to the property owners' association to be formed pursuant to Section III hereof.

 

B.         Landscape Plan Review

 

A detailed landscape plan of the South 69th E. Avenue and East l14th Place South entry ways to Stanford Elm shall be submitted to and approved by the Bixby Planning Commission, and Landscaping installed in accordance with the approved plan prior to occupancy of any dwelling.

 

C.        Architectural Committee-Plan Review

 

1.  No building, fence, or wall shall be erected, placed or altered on any lot in this subdivision until the building plans and specifications, drainage and grading plans, exterior color scheme and material thereof, and plot plan, which plot plan shows the locations and facing of such building, have been approved in writing by a majority of an architectural committee composed of Standard Elm Development Company or their duly authorized representative, representatives or successors. In the event of the death or resignation of any member of the above-named committee, the remaining member or members shall have full authority to approve or plan, or to designate a representative or representatives with the like authority and said remaining member or members shall have authority to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members and said newly appointed member shall have the same authority hereunder as their predecessors, as above set forth.  In the event the Architectural Committee fails to approve or disapprove any such plans, specifications, color scheme, materials and plot plans submitted to it as herein required within 10 days after such submission, or in the event no suit to enjoin the erection of such building or the making of such alteration has been commenced prior to the completion thereof, such approval shall not be required and this covenant shall be deemed to have been fully complied with.

 

2. The Architectural Committee's purpose is to promote good design and compatibility within the subdivision and in its 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 to 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 its approval of building plans shall not constitute a warranty or responsibility for building methods, materials, procedures, structural design, grading or drainage, or code violations. The approval, disapproval or failure to approve of any building plans shall not be deemed a waiver of any restriction, unless the Architectural Committee is hereinafter authorized to grant the particular waiver. Nothing herein contained shall in any way be deemed to prevent any of the owners of property in this subdivision from maintaining any legal action relating to improvement within this subdivision which they would otherwise be entitled to maintain.

 

3.  The duties of the Committee, or its designated representative shall cease on the 1st day of February 2014.  Thereafter, the powers and duties of the committee shall be exercised by the property owner's association hereafter provided for.

 

D.                 Minimum Lot Size, Yards and Setbacks

 

            1.  Minimum Lot Size:  No lot shall be lot-split or re-subdivided into any lot having an area of less than 22,250 square feet, provided, however, that a lot may be divided into a parcel having less than 22,500 square feet if such parcel be held in common ownership with an adjoining parcel and the resulting area of the two parcels is not less than 22,500 square feet.

 

2.  Street Setback:  No building shall be erected or maintained nearer to a street (public or private) than the building setback lines depicted on the plat.

 

3.  Side Yard:  Each lot shall maintain side yards which in the aggregate are not less than 20 feet in width, and no side yard shall be less than 10 feet in width.

 

4.  Rear Yard:  Each lot shall maintain a rear yard of at least 25 feet, provided, however, the customary accessory structures may not be erected nearer than 10 feet to any lot line nor encroach upon any utility easement.

 

5.  Lot Boundary Adjustment:  Where by reason of lot-splitting or by reason of the common acquisition of a joining lots, a lot line as originally platted divides the ownership, the owner with agreement by the City of Bixby may declare by recorded document that has ownership lines shall serve as lot lines an thereafter all yards and setbacks shall be measured from the declare lot lines. It is the intent of the foregoing provision and the provisions of Paragraph I above, to permit adjustment in lot boundaries, but in no event shall an ownership area be less than 22,800 square feet, nor shall the number of dwelling units within Stanford Elm exceed 100.

 

E.         Floor Area Dwellings

 

1.  Living Area:  A dwelling shall have at least 2,400 square feet of finished heated living area.

 

2.  Computation of Living Area:  The computation of living area shall not include any basement or attic are used for storage. All living area measurements shall be taken horizontally at the top plate level to the face of the outside wall. Required living area must average at least 7 feet 6 inches in height, except that in the computation of second or upper story living area, the height shall be 7 feet 6 inches for at least one-half of the required living area, and any area of less than 5 feet in height shall be excluded.

 

3.  Waiver:  The Architectural committee may waive, in the particular instance, the floor area requirements set out in Paragraph 1.

 

E.                  Garage

 

Each dwelling shall have a garage for at least two automobiles and the vehicular entryway of the garage shall not face the lot front, provided the facing limitation may be waived by the Architectural Committee in the particular instance.

 

G.        Building Material Requirements

 

1.  Exterior Walls:  All exposed foundation or stem walls shall be of brick or stone. No concrete blocks, poured concrete or any other foundation shall be exposed. No stem walls will be exposed.

 

2.  Roofing:  The roof of the dwelling erected on any lot shall be wood shingle, cement tile, clay tile, or slate.

 

3.  Waiver:  The Architectural committee may waive, in the particular instance, the building material requirements set out in Paragraphs 1 and 2.

 

H.        Commercial Structures

 

No building or structure shall be placed, erected or used for business, professional, trade or commercial purposes on any portion of any lot.

 

I.          Livestock and Poultry Prohibited

 

No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot or part thereof, except that dogs, cats and other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes and such activity complies with all ordinances of the City of Bixby.

 

J.          Noxious Activity

 

No noxious or offensive trade or activity shall be carried on upon any lot, nor shall any trash, or other refuse be thrown, placed or dumped upon any vacant lot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

 

K.        Signs Prohibited

 

The construction or maintenance of advertising signs, or other advertising structures of any lot is prohibited, except as follows:

 

1.  Sign advertising the sale or rental of a property are permitted, provided they do not exceed 9 square feet in display surface area.

 

2.  During the development of Stanford Elm, signs advertising the subdivision or the initial offering of a lot may be located at the entrances to Stanford Elm.

 

3. Permanent signs identifying the subdivision may be located within the private street right-of-way at the entrances to Stanford Elm.

 

4. All such signs shall receive approval from the City of Bixby if and as required, prior to installation.

 

L.         Existing Building

 

No existing erected building of any sort may be moved onto or placed in any lot.

 

M.        Temporary Structures and Outbuildings

 

            1.  No trailer, tent, garage, barn, outbuilding, nor any structure of a temporary nature shall be at any time used for human habitation, temporarily or permanently.

 

            2.  Any building that is detached from the principal dwelling structure shall be limited to buildings customarily accessory to a single-family dwelling, shall be of a similar architectural design as the principal dwelling, and shall not be erected until the specifications and design thereof are approved by the Architectural Committee or as otherwise provided within Subsection C of Section II.

 

N.        Vehicle Storage and Parking

 

            No inoperative vehicle shall be stored on any lot except within an enclosed garage.  No motor home, boat trailer, travel trailer or similar recreational vehicle shall be located, parked or stored within a side or front yard, and if not located within an enclosed garage, shall be screened sufficiently to prevent any view thereof from any street within Stanford Elm.

 

O.        Antennae’s

 

            No exterior radio or television tower, aerial, antenna, or satellite dish shall be located upon any lot.

 

P.         Interior Fences or Walls

 

            Interior fences and walls situated upon residential lots shall comply with the following:

 

1.  No such fence or wall exceed 6 feet in height. No fence or wall shall be erected or maintained nearer to the streets within the subdivision than the building setback lines depicted on the plat.

 

2. Fences or walls shall be of wood, brick, stone, stucco or wrought iron.

 

3. No fence or wall shall be erected on any lot until the specifications and design thereof are approved by the Architectural Committee or as otherwise provided within Subsection C of Section 1, and the Architectural Committee may waive in the particular instance, the requirements or limitations set forth in Paragraphs 1 and 2 of this Subsection Q.

 

SECTION III

 

PROPERTY OWNERS' ASSOCIATION

 

A.        Formation of Owners' Association

 

The Owners have formed or shall cause to be formed the Stanford Elm Property Owners' Association, Inc. (hereinafter referred to as the Association), a non-profit entity established pursuant to the General Corporation Act of the State of Oklahoma and formed for the general purposes of maintaining the streets and other common areas and enhancing the value, desirability and attractiveness of the Stanford Elm Subdivision.

 

B.         Membership

 

Every person or entity who is a record owner of the fee interest of a lot shall be a member of the Association, and membership shall be appurtenant to and may not be separated from the ownership of a lot. The acceptance of a deed to a lot shall constitute acceptance of membership to the Association as of the date of incorporation, or as of the date of recording of the deed, whichever occurs last.

 

C.        Covenant for Assessments

 

The owners and each subsequent owner of a lot, by acceptance of a deed therefore, is deemed to covenant and agree to pay to the Association an annual assessment as established by the Board of Directors, not to exceed $20.00 per month per lot owned, provided, however, the Board of Directors may increase each year subsequent to the initial assessment year, the maximum assessment by the percentage increase, if any of the Consumer Price Index occurring over the 12 months ending 60 days prior to the current assessment period or 5%, whichever is greater.  “Consumer Price Index” shall mean the index published by the U.S. Department of Labor for the area including Bixby, Oklahoma.  Annual assessments exceeding the amount above set forth shall require the assent of 75% of the lot owners within the subdivision. Annual assessments together with 10% interest, costs and reasonable attorneys' fees shall be a continuing lien on the lot and the personal obligation of the ownership of the lot at the time of the assessment. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage.

 

D.        Certain Rights of the Association

 

Without limitation of such other powers and rights as the Association may have, the Association shall be deemed a beneficiary, to the same extent as a lot owner, of the various covenants within this document contained and shall have the right to enforce said covenants and agreements.

 

SECTION IV

 

 

ENFORCEMENT, DURATION, AMENDMENT AND SEVERABILITY

 

A.        Enforcement

 

The restrictions herein set forth are covenants to run with the land and shall be binding upon the owners, their successors and assigns and all parties claiming under them. Within the provisions of Subsection B. Electrical Service; Subsection C. Water Service; Subsection D. Reserve Areas and Subsection E. Storm Water Detention Easement of Section I, are set forth certain covenants and the enforcement rights pertaining thereto. The covenants contained in Subsection I. Private Streets of Section I, and Subsections A. Use of Land; B. Landscape Plan Review and D. Minimum Lot Size, Yards and Setbacks of Section II, are established pursuant to the Planned Unit Development provisions of the Bixby Zoning Code and shall inure to the benefit of all owners of residential lots within the subdivision and to the property owners' association provided for in Section III, and shall inure to the benefit of the City of Bixby, Oklahoma. The remaining covenants within Section II shall inure only to the benefit of owners of residential lots within the subdivision, and the property owners association provided for in Section III. If the undersigned Owner, or their successors or assigns shall violate any of the covenants within Section II, it shall be lawful for any person or persons owning any lot situated within the subdivision or the property owners' association, or the City of Bixby, as to violations of the covenants contained in Subsection I of Section I, and Subsection A, B, and D of Section II to maintain any action at law or in 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.

 

B.         Duration

 

These restrictions shall remain in full force and effect until February I, 2014 and shall automatically be continued thereafter for successive periods of ten (10) years each, unless terminated or amended as hereinafter provided.

 

C.        Amendment

 

The covenants contained within Subsection H of Section 1 and Subsections A, B and D of Section II may be amended, modified, changed or canceled only by a written instrument signed and acknowledged by the City of Bixby acting in and through the City of Bixby Planning Commission and City Council, or its successors, and by the owners of more than 75% of the lots within the subdivision and the provisions of such instrument shall be binding from and after the date it is properly recorded. The remaining covenants of Section II herein established may be amended, modified, changed, or canceled only by a written instrument signed and acknowledged by the owners of more than 75% of the residential lots was in the subdivision, and the provisions of such instrument shall be binding from and after the date it is properly recorded.

 

D.        Severability

 

Invalidation of any restriction set forth herein, or any part thereof, by an order, judgment, or decree of any Court, or otherwise, shall not invalidate or affect any of the other restrictions of any part thereof as set forth herein, which shall remain in full force and effect.

 

IN WITNESS WHEREOF, STANFORD ELM LIMITED PARTNERSHIP, an Oklahoma Limited Partnership, has executed this instrument this 14th day of February, 1994.

 

STANFORD ELM LIMITED PARTNERSHIP,

an Oklahoma Limited Partnership

 

BY:

 

John G. Arnold, Jr.,

General Partner

 

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