Wingspread Neighborhood Assoc.

Wingspread Covenants

These are the recorded coventants for Wingspread Neighborhood

WINGSPREAD - INCLUSIVE

City of Oklahoma City, 0klahoma


OWNER'S CERTIFICATE AND RESTRICTIONS


KNOW ALL MEN BY THESE PRESENTS:

THAT, the undersigned SOUTHWEST TITLE AND TRUST COMPANY,
Trustee, which is an Oklahoma Corporation organized and existing under and by virtue of the laws of the State of Oklahoma for convenience hereinafter referred to as "Owner", do hereby certify that they are the owners of the only corporations, partnership or partnerships, person or persons, having a right, title or interest in all of the land embraced and included in WINGSPREAD Inclusive, an addition to 0klahoma City, Cleveland County Oklahoma, now platted into lots, blocks, streets and easements, as shown on the recorded plat of WINGSPREAD, Inclusive, in the office of the County Clerk of Cleveland County, Oklahoma, being more particularly described as follows:

WINGSPREAD, Inclusive, A part of the
Northeast Quarter (NE/4), Section 1, Township 10 North
(T10N), Range 4 West (R4W) of the Indian Meridian,
Cleveland County, in the City of Oklahoma City, Cleveland
County, Oklahoma.

For the purpose of providing an orderly development of all of the lots and blocks included in the above described plat, and for the further purpose of providing adequate restrictive covenants for the benefit of itself, and its successors in title to the aforesaid lots, the Owner does hereby impose the following restrictions and reservations on the entire plat of WINGSPREAD, Inclusive, to which it shall be incumbent upon its successors in title to adhere, and any corporation or corporations, partnership or partnerships, person or persons, hereafter becoming the owner or owners either directly or through any subsequent transfers or in any manner whatsoever, of any lots, block; or blocks included in WINGSPREAD, Inclusive, shall take, hold or convey the same, subject to the following restrictions and reservations, to wit:
(1) No building shall be erected, placed or altered on any lot located in the above described addition until after the building plans, specifications, and plot plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in said subdivision, and as to location of the building with respect to topography and finished ground elevation, and with respect to side lot and front building set back lines, by a majority of an architectural committee composed of J. W. MASHBURN, HOWARD RUSSELL AND JUNE HARMON or their duly authorized representative or representatives or successors. In the case of the death or resignation of any member or members of said committee, the Owner shall have the authority to appoint successor members to the above named committee to fill any vacancy or vacancies created by the death or resignation of any of the aforesaid members, and said newly appointed member or members, shall have the same authority hereunder as their predecessors to approve or disapprove such design or location as above set forth. If the aforesaid committee, their authorized representatives or successors fails to approve or disapprove such design and location within thirty (30) days after building plans, building specifications, and plot plan have submitted to them, or in any event; if no suit to enjoy the erection of such building, or the making of such alterations, has been commenced prior to the completion thereof, such approval shall not be required and or the making of such alterations, 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. Said committee, their authorized representatives or successors, shall act and serve until December 31, 1999, at which time the then record owners of two-thirds of the lots in WINGSFREAD-5, Inclusive, designate in writing, duly recorded among the land records, their authorized representatives who thereafter shall have all of the powers, subject to the same limitations, as were previously delegated herein to the above named committee.
(2) All of the lots in WINGSPREAD Inclusive, above described shall be known as, and reserved exclusively for use as residential lots and/or residential building sites for single family structures, and no structures shall be erected, altered, placed or permitted to remain on any lot and/or building site in said addition, other than single family residences not to exceed two stories in height, and a private garage for not less than one (1) car but not more than three (3) cars.
(3) No building or structure of any sort may ever be placed, erected or used for church, business, professional trade or commercial purposes on any portion of any lot or block in
WINGSPREAD Inclusive except, that this prohibition shall not apply to any building or structure that may be placed on any lot, or portion of a lot, in WINGSPREAD, Inclusive, that is used exclusively by a public utility company in connection with the furnishing of public utility service to such addition.
(4) No church, business, professional office trade or commercial activity of any sort may ever be conducted in any residence or building of any sort, or upon any portion of any lot
or block in WINGSPREAD Inclusive except, upon any lot or portion of a lot in said addition that is used exclusively by any public utility company in the furnishing of public utility service to such addition, all as referred to in paragraph (3) hereinabove.
(5) No fence or walls of any type or nature whatsoever, shall ever be constructed, erected, placed or maintained forward of the front building limit or setback line on each lot, as same is shown on the recorded plat of WINGSPREAD, Inclusive, provided, however, that is not the intention of this paragraph to exclude the use of evergreen or other shrubbery to landscape front yards. Moreover, no automobile, truck, trailer, basketball goals or temporary structure of any nature whatsoever, shall ever be temporarily or permanently located or otherwise maintained forward of the front building setback limit line on each lot, as same is shown on the recorded plat of WINGSPREAD, Inclusive, provided, however, that is not the intention of this paragraph to exclude the temporary parking of passenger automobiles an any portion of the garage driveway that is located in front of such front building limit or setback line on each building site. The architectural committee provided for in paragraph (1) may, in its discretion, waive in whole or in part the restrictions in this paragraph as to fences and enclosures, however, such waiver must be in writing.
(6) No trailer, basement, tent, shack, garage, mobile home or other outbui1dings 1ocated on any 1ot in WINGSPREAD, Inclusive, shall be used as a residence temporary or permanent, nor shall any other structures of a temporary character be used as a main residence. No tree houses, platform in trees, play towers, or other similar structures or equipment, or radio or television antennae shall be visible from neighboring property. Boats, trailers or other vehicles which are not normally used as every day transportation may be kept on the premises provided that they are totally concealed from the streets and are not visible from neighboring property.



(7) No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot in WINGSPREAD, Inclusive, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose.
(8) No noxious or offensive trade or activity shall ever be carried on upon any lot and/or building site in WINGSPREAD Inclusive, nor shall anything ever be done thereon which may be or become an annoyance or nuisance to the neighborhood. Failure to mow lawns at reasonable intervals shall be considered as an annoyance to the neighborhood. Gardens shall be permitted only if they are not visible from the neighboring property.
(9) No trash, ashes, or other refuse may be thrown, placed or dumped on any vacant lot in WINGSPREAD Inclusive.
(10) The construction, erection or maintenance of a sign or billboard on any lot or building site in WINGSPREAD Inclusive, is specifically prohibited; except that a sign or billboard advertising the rental or sale of such property is permitted; provided it does not exceed eight (8) square feet in size, unless specific written consent is obtained in advance from Owner, above designated, for the temporary installation of larger size.
(11) No leaching cesspool shall ever be constructed and/or used on any lot and/or block in WINGSPREAD Inclusive.
(12) All lots in WINGSPREAD Inclusive, shall be kept and maintained in such a manner as to not distract from the cleanliness and orderliness of the subdivision. The Architectural Committee designated in Paragraph (1) above shall have the sole authority to determine when a lot is not being maintained in a reasonably clean and orderly manner.
(13) No existing erected building or structure of any sort may be moved onto and/or placed on any of the above described lots, building sites, or blocks located in WINGSPREAD Inclusive, it being the intention of this covenant definitely to prohibit the moving onto and/or placing of existing residential structures on any of the lots and/or blocks in said WINGSPFEAD Inclusive.
(14) Subject to the reservation in favor of the 0wner hereinbelow, easements surface water drainage and for public utility installations and maintenance are hereby reserved across the rear of certain lots and along the side of certain lots and as designated in other places in accordance with the designations "Util. & Drg. Ease." "D & U/E" and "U & D/E" all as shown upon the above mentioned recorded plat of WINGSPREAD, Inclusive. The owner specifically reserves the right at any time hereafter to amend, extinguish or vacate the aforesaid drainage and utility easements, and rights of way as to all or portions of the above described property insofar as drainage utility easements and rights of way are not actually in use.
(15) No more than one single family residence shall be erected on any residential lot in WINGSPREAD Inclusive, and where the whole or parts of two or more adjoining residential lots are combined to form a single building site, no more than one (1) single family residence shall be constructed on such building site. No subdivision or combination of parts of any two (2) lots shall result in a building site having less than fifty (50) front feet measured at the front building limit line.
(16) A minimum of sixty percent (60%) of the actual exterior walls of the residential building and attached or detached garage measured from the ground level up to the equivalent of the first floor ceiling (excluding all exterior doors, windows, and garage doors), must be constructed of brick, brick veneer, stone, stone veneer or other masonry. Roofs are to be of wood shingles, composition shingles, clay, tile, stone or built-up roof. However, a majority of the architectural committee may, in its discretion, waive in whole or in part the restrictions in this paragraph, provided such waiver is obtained in writing in advance of construction.
(17) No residential building, or any part thereof, shall ever be located nearer to the front lot line, or nearer to the side street lot line, than the minimum building setback lines shown on the recorded plat of WINGSPREAD, Inclusive, and identified thereon as "B.L.L.". There shall be a minimum side yard setback of Five (5) feet on one side and Five (5) feet on the other side provided, however, that where the whole or parts of two or more adjoining lots are used for a single residential building site, then the aforesaid side lot line restrictions shall not apply on the two or more contiguous sides of said lots, and in lieu thereof, shall apply to the exterior side boundary line of the actual residential building site used. To insure compliance with the aforementioned side yard setback restrictions and as a precaution to any violation thereof, any person, partnership or corporation building a residential building on any lot in WINGSPREAD Inclusive shall build no closer than ten (10) feet (measured from exterior to exterior) to any main residential buildings which might exist or be under construction on the lots adjacent to the lot on which the main residential building is to be placed. Should there be any violation of building setback lines or side yard building lines, no person, partnership, corporation owning property in WINGSFREAD-5, Inclusive, shall object or protest to the party guilty of said violation seeking a variance from the Oklahoma City board of Adjustment or to the granting of such variance from the Oklahoma City Board of Adjustment. The aforesaid side lot lines or side boundary lines, also shall not apply to a detached garage or other outbuilding located sixty (60) feet or more from the front lot line of the residential lot or building site on which said outbuilding is erected, provided, however, said outbuilding must be at least three (3) feet from the nearest side lot line or side boundary line. For the purpose of the covenants (in this paragraph), chimneys, bay windows, eaves, steps, patios, open porches, fences, driveways, or walkways, shall not be considered as a part of the residential building, provided however, that this shall not be construed to permit any portion of a residential building on a lot and/or building site. Further more, no detached garage or other outbuilding shall be permitted in the easements reserved for utilities and shown on the recorded plat of WINGSPREAD, , Inclusive.
(18) No single-family residential building shall ever be constructed or erected on any lot and/or building site in WINGSPREAD Inclusive, unless the ground floor area of said residence, excluding one-story open porches, breezeways and attached garages, is not less than Eight Hundred Fifty (850) square feet; except that in the case of a one and one-half story single family residential dwelling, the ground floor area of said residence, excluding one-story open porches, breezeways and attached garages shall not be less than seven hundred (700) square feet, and said residential structure shall have a total living area of not less than One Thousand Two Hundred (1,200) square feet; and further, except in the case of a two-story single family residential dwelling, the ground floor area of said residence, excluding one-story open porches, breezeways and attached garages, shall not be less than Seven Hundred (700) square feet, provided, however, that in the case of what is commonly known as a "split level residence" the total floor area of all levels of the main residence shall be included in determining that said ground floor area is not less than Eight Hundred Fifty (850) square feet.
(19) No modular homes shall ever be constructed or erected on any lot in WINGSPREAD Inclusive.
(20) Should the owner and/or tenant of any lot or lots or building sites in WINGSPREAD, Inclusive, violate any of the restrictive covenants and/or conditions contained herein, and thereafter refuse to correct same and to abide by said restrictions and conditions contained herein, after reasonable notice, then in such event, any owner of any lot building site in WINGSPREAD Inclusive, may institute legal proceedings to enjoin, abate and/or correct such violation or violations, and the owner of the lot or lots or building sites permitting the violation of such restriction and/or conditions shall pay all attorney fees, court costs, and other necessary expenses incurred by the person instituting such legal proceedings to maintain and enforce the aforesaid restrictions and conditions, and attorney fees to be fixed by the court, and it is further agreed that the amount of said attorney's fees, court costs, and other expenses allowed and assessed by the court, for the aforesaid violations, shall become a lien upon the land, as of the date legal proceedings were originally instituted, and said lien shall be subject to the foreclosure in such action, so brought to enforce such restrictions, in the same manner as liens upon real estate, the procedure as to which if fixed by statute.
(21) The covenants herein stated are to run with the land, and shall be binding upon all parties and all persons claiming under them until December 31, 1999, at which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by a vote of the then owner of two thirds of the lots in WINGSPREAD Inclusive, it is agreed to change such covenants to whole or in part.
(22) Invalidation of any one of these covenants by judgement or court order shall in no way effect any of the other provisions, which shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned owner have caused, this instrument to be executed at Oklahoma City, Oklahoma, on this ______ day of _________ , 20____.



SOUTHWEST TITLE and TRUST COMFANY,
Trustee, A Corporation
______________________________ __________________________
Pat Pinson , Secretary Stephen Cotner, Vice-President



STATE OF OKLAHOMA )
) SS:
COUNTY 0F OKLAHOMA )

The forgoing instrument was acknowledged before me this ___4__ day of ____February__, 1993, by Stephen Cotner, Vice-President of SOUTHWEST TITLE AND TRUST COMPANY, as Trustee, an Oklahoma Corporation, on behalf of the corporation.

____Vicki D. Black_______
Notary