River Bluff Estates
Smithville, OK 74957

PURPOSES OF CONDITIONS

The real property described herein is subject to the covenants, restrictions, conditions, reservations, liens and charges for the purpose of insuring the best use and most appropriate development and improvement of each building site; to protect the owners of building sites against improper use of surrounding sites that may depreciate or degrade the value of their property; to preserve so far as practicable the natural beauty of the property; to prevent the construction of poorly designed or undesirable structures built of improper or unsuitable materials; to encourage and insure the construction of attractive dwellings, with appropriate placement on the building sites thus preventing haphazard and discordant development of the building sites.  The general purpose of these conditions are to promote the highest and best use of the property thereby protecting and enhancing the value of investments made by purchasers of building sites on the property.

PROTECTIVE COVENANTS

To provide an orderly development of the entire tract  described herein, and for the purpose of providing adequate restrictive covenants for the mutual benefit of property owners, we hereby impost the following restrictions:

1.       Ground Use: No portion of any lot, other than that covered by buildings approved as specified, shall be used for any purpose other than natural ground space or timber understory.  Property must be kept to maintain that of its natural beauty.  Growing flowers or ornamental plant and shrubs is permitted.  No trees can be cut down for the purpose of growing vegetables or grains of the ordinary garden or field variety, except for those grown in containers, in small quantities, and approved by the majority of the owners of record.  No large trees shall be cut down, except for those absolutely necessary for placement and construction of improvements.

2.       Residential Dwellings: Residences must be constructed on site and must contain a minimum of twelve hundred (1,200) square feet of living space.  Future additions to permanent structures must match the design and type construction of the existing building.  All buildings, including garages and outbuildings must be wood frame constructed, with rock or wood outer covering.  Homes or cabins can have a colored metal or architectural shingle roof.  No metal buildings may be constructed or moved upon the property for any use.

3.       Outbuildings: No trailers, tents, shacks, garages, barns or other outbuildings may be erected, placed, or used for the purpose of residence, temporarily or permanently.

4.       Designated Height of Permanent Structures: The floor structure of all permanent dwelling structures must be at least two (2) feet above the ground.  Out building structures, such as dog houses, garages or boat storage buildings must be at least one (1) foot above ground. 

5.       Temporary Dwellings: Recreational vehicles, mobile homes or trailers shall not be placed on the property for use as dwellings.  The exception is that one recreational vehicle per site may be used as a temporary residence during construction.  The term recreational vehicle does not include an old school bus, panel wagon, van or other such converted or modified vehicle.  Upon completion of the permanent dwelling only one (1) RV site shall be maintained for personal use.

6.       Maintenance: Each owner shall have the responsibility to prevent the development of any unclean or unsightly condition of buildings or grounds which will tend to destroy the beauty of this development in its natural state, as a whole or part.

7.       Utility Lines: No utility lines may be installed overhead.  The main power transmission line will be underground from the west edge of Lot 12 along the existing easement to each lot.  Service from the individual transformers to the point of use on each lot shall also be underground.

8.       Septic Systems:  No septic system may be installed unless it has been pre-approved by the Department of Environmental Quality.   Each system must be installed by a certified contractor approved for the job.  The contractor must exercise care to minimize damage trees by the use of proper equipment for the job.  When completed the grounds must be left in a natural state with excess material removed to preserve, as nearly as possible, the natural state of the property.

9.       Fences:  No tall board, chain link or other security or private fence shall be installed as to detract from the natural beauty of this development, unless otherwise approved in writing by the majority of owners. 

10.    Animals, Livestock, Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any site.  Exceptions are dogs, cats or other household pets provided they are not kept, bred or maintained for commercial purposes and further provided that they do not become nuisances to the surrounding property owners.

11.    Signs: No signs of any kind shall be displayed to the public view on any tract except one professional sign of not more than two (2) feet square, for the purpose of advertising the property for sale, for rent, or a sign used by a builder during the construction and sales period.

12.    Driveways:  Driveways for personal use must originate from a point on a designated road as described on the original plat and shall terminate at a point within the boundary of owner’s original lot.  It is the intent of this covenant to prohibit ingress and egress from any other area.

13.    Automobiles: No automobiles, or other motorized vehicles, may be parked within public view on the premises unless they are on inflated tires and mechanical operating condition.

14.    Setback: No building or other improvement shall be erected closer than 20 feet to the platted and dedicated roads and/or easements.  No building or other improvement shall be erected closer than 10 feet to any other property line.

15.    Rental Cabins: Permanent dwellings may be used for full time, part time or rental use.  A maximum of two (2) dwellings per platted lot is permitted.   For River frontage lots 7 through 13 a minimum of 100 feet frontage is required per dwelling, otherwise the second building must be placed within an interior part of the property.

16.    River Frontage Lots: No permanent improvements shall be constructed on any lot that extend below the high water mark of Mountain Fork River.  Dwellings, rear decks, or any structure, either cantilevered or supported, shall not extend beyond a point closer than fifty (50) feet,  measured vertically from the normal shore line of the River.

17.    River Access: The culmination of River Bend Road, on the bank of Mountain Fork River, is dedicated for use as an access point to the River for all property owners and their guests.  Permitted uses are loading kayaks, canoes, swimming , fishing and other water activities. No overnight camping, trailers or recreational vehicles are permitted in this area.  Space for parking vehicles and boat trailers is provided as a convenience to users and shall be limited to a maximum period of 24 hours.  All property owners using this area shall participate in keeping the premises clean and orderly, well maintained, and monitored for unauthorized or improper use.

18.    Covenants: Covenants shall 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 tracts  has been recorded, agreeing to change said covenants in whole or in part.  Voting shall be on the basis of one vote per lot owned.

19.    Enforcement:  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 property within River Bluff Estates to bring proceedings at law or in equity against the person or persons violating or attempting to violate any covenant either to prevent such violation or to recover damages or other remedy for such violation.

20.    Invalidation:  Invalidation of any of these covenants by judgment or court order shall in no way effect any of the other provisions, which shall remain in full force and effect.