BLOCK 26

Known All Men by These Presents:

That Concept Builders 1987, Inc., is the owner in fee simple of the following described real property, situated in the City of Tulsa, Osage County, State of Oklahoma, to-wit:

A tract of land containing 3.4285 acres, that is part of the N/2 of the SE/4 of Section 27, Township 20 N, Range 12 E, Osage County, Oklahoma, said tract of land being described as follows, to-wit: starting at the Southwest corner of the N/2 of the SE/4 of said Section 27; thence North 00°24'06" East along the Westerly line of the N/2 of the SE/4 for 485.76 feet; thence South 89°35'54" East for 30.00 feet to the "Point of Beginning" of said tract of land; thence continuing South 89°35'54" East for 70.00 feet; thence South 65°38'38"East for 189.93 feet; thence South 88°48'01" East for 325.25 feet; thence South 64°34'06" East for 172.23 feet; thence South 84°18'00" East for 374.22 feet; thence North 82°16'35" East for 128.85 feet to the Southwest corner of Lot 6 in Block 21 of "Gilcrease Hills Village", a subdivision of part of the E/2 of Section 27, Township 20 N, Range 12 E, Osage County, Oklahoma; thence North 19°41'19" West along the Westerly line of Lot 6 for 115.41 feet to the Northwest corner of Lot 6; thence South 74°31'35" West for a 0.00 feet to a point of curve; thence Southwesterly, Westerly, and Northwesterly along the Southerly right-of-way line of West Queen Street on a curve to the right, with a central angle of 21°10'25" and a radius of 210.00 feet, for 77.61 feet to a point of Tangency; thence North 84°18'00" West along said right-of-way line on said Tangency for 289.00 feet to a point of curve; thence Northwesterly along said right-of-way line on a curve to the right, with a central angle of 19°43'54" and a radius of 370.00 feet for 127.42 feet to a point of Tangency; North 64°34'06" West along said right-of-way line on said Tangency for 43.90 feet to a point of curve; thence Northwesterly and Westerly along said right-of-way line on a curve to the left, with a central angle of 24°13'55" and a radius of 325.50 feet, for 137.66 feet to a point of Tangency; thence North 88°48'01" West along said right-of-way on said Tangency for 231.30 feet to a point of curve; thence Westerly and Northwesterly along said right-of-way line on a curve to the right, with a central angle of 55°14'57" and a radius of 178.00 feet, for 171.64 feet to the Southeast corner of Lot 12 in Block 24 of said "Gilcrease Hills Village II"; thence North 89°35'54" West along the Southerly line of Lot 12, for 150.35 feet to the Southwest corner of Lot 12; thence South 00°24'06" West and parallel to the Westerly line of the N/2 of the SE/4 of said Section 27 for 121.76 feet to the "Point of Beginning" of said tract of land.

That Concept Builders 1987, Inc., hereinafter referred to as the "Owner" has caused the above described real property to be surveyed, platted, and subdivided into 16 lots and 1 block, in conformity with the accompanying plat and has designated the same as "Block 26, Gilcrease Hills Village II", an addition to the City of Tulsa, Osage County, Oklahoma.

SECTION 1. STREET AND UTILITY EASEMENTS

Now, therefore, the owner does hereby dedicate for public use the streets as shown on the accompanying plat and does further dedicate for public use the easements and the rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing or replacing any and all public utilities, including storm and sanitary sewers, telephone line, power lines and transformers, gas lines, water line and cable telephone line. Together with all fittings and equipment for each of such facilities, including the poles, wires, conduits, pipes, valves, meters and any other appurtenances thereto, and private underground oil and gas gathering systems and power sources to serve such systems and related oil and gas wells and other installations whether or not such operations and productions be wholly withing the subdivision, with right of ingress and egress to and upon said easements and the rights-of way for the uses and purposes aforesaid; provided, however, that the owner hereby reserves the right to construct any and all such utilities and systems and to maintain, operate, repair, remove or replace any and all such utilities and systems so constructed by owner, and to authorize the construction, operation and maintenance of any and all such utilities and systems, together with the right of ingress and egress therefore over, across and along all of the public streets shown in said plat and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing said utilities and systems to the subdivision and to any other area.

The owner agrees that no building, structure or other above below ground obstruction that will interfere with the (easement) purposes aforesaid, will be placed, erected, installed or permitted upon the easement or rights-of-way as shown on said plat.

Furthermore, the owner, for the purpose of providing an orderly development of the property above described (hereinafter referred to as "Block 26, Gilcrease Hills Village II"), and for the purpose of insuring adequate restrictions for the mutual benefit of the undersigned owner, its successors, grantees and assigns, does hereby impose the following restrictions and covenants, which shall be covenants running with the land and which shall be enforceable by the owners of the lots within "Block 26, Gilcrease Hills Village II":

1.1 Water and Sanitary Sewer Service

In connection with the provisions for water and sanitary sewer services, all of the lots in "Block 26, Gilcrease Hills Village II" are subject to the following covenants and restrictions, to-wit:

1.1.1 The owner of any lot shall be responsible for the protection of the public water mains and of the public sanitary sewer facilities located on his lot and shall prevent the alteration of grade within the easement areas in excess of three feet (3') from the original contours or any construction activity which may interfere with such public water, mains and/or public sanitary sewer facilities.

1.1.2 The City of Tulsa, Oklahoma or its successors will be responsible for ordinary maintenance of public water mains and sanitary sewer facilities, but the owner of any lot will pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors.

1.1.3 The City of Tulsa, Oklahoma or its successors through its proper agents and employees shall at all times have the right of access with their equipment to all such easement ways shown on the plat, or provided for in this certificate of dedication for the purpose of installing, maintaining, removing or replacing all or any portion of such underground water and sewer facilities.

1.1.4 The foregoing covenants and restrictions concerning water and sewer facilities shall be enforceable by the City of Tulsa, Oklahoma, or its successor and the owners of each of the lots shall be bound thereby.

1.2 Gas Service

1.2.1 The suppliers of gas service through their proper agents and employees shall at all time 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 facilities so installed by them.

1.2.2 The owners shall be responsible for the protection of the underground gas facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said facilities, the companies will be responsible for ordinary maintenance of the underground facilities, but the owners will pay for damage or relocation of such facilities caused or necessitated by acts of the owners or their agents or contractors.

1.2.3 The foregoing covenants concerning underground gas facilities shall be enforceable by the suppliers of said services and the owner agrees to be bound hereby.

1.3 Electric, Telephone and Cable Television

In connection with the provisions for underground eclectic, telephone, and cable television services, all of the lots in "Block 26, Gilcrease Hills Village II" are subject to the following covenants and restrictions, to-wit:

1.3.1 Overhead pole lines for the supply of electric, telephone and cable television may be located along the perimeter of said addition in the utility easement areas or street right-of-way. Street light poles and standards may be served by underground cable and elsewhere throughout "Block 26, Gilcrease Hills Village II" all service supply lines shall be located underground in the easement ways reserved for general utility services and in the streets shown on the attached plat. Services pedestals and transformers, as sources of supply at secondary voltages, may also be located in such easement ways.

1.3.2 Except to houses on lots described in paragraph (1.3.1) above, which may be served from overhead electric, telephone and cable television lines and/or cables underground primary and/or service lines and cables to houses which may be located on any lot in "Block 26, Gilcrease Hills Village II" may be run from the nearest service pedestal or transformer to the point of usage determined by the location and construction of such house as may be located upon each such lot; provided that, upon installation of such a primary and/or service line or cable to a particular house, the supplier of such service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right-of-way easement of such lot, covering a five foot strip extending 2.5 feet on each side of such primary and/or service line or cable, extending from the service pedestal or transformer to the entrance at such house.

1.3.3 The owner of each lot shall be responsible for the protection of the underground service facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with such service facilities. The various utility or service companies will be responsible for ordinary maintenance of their respective underground facilities, but the owner of any lot will pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors.

1.3.4 The suppliers of such services, through their proper agents and employees, shall at all time have the right of access to and upon all such easement ways shown on the plat or provided for in this deed of dedication for the purpose of installing, maintaining, removing or replacing any portion of such underground facilities so installed by them.

1.3.5 The foregoing covenants and restrictions concerning underground service facilities shall be enforceable by the respective suppliers of such services and the owners of each of the lots shall be bound thereby.

1.4 Landscape/Pavement

The owner shall be responsible for the repair and replacement of any damaged landscaping and paving located within the depicted easement areas, in the event it is necessary to repair any underground water or sewer mains, electric, natural gas, communication or telephone services provided, however, the City of Tulsa or the owners of said utilities or their successor, shall use reasonable care in performance of such activities.

1.5 Limits of No Access

1.5.1 The grantors hereby relinquish right of ingress and egress to the above describe property withing the bounds designated as "Limits of no access" (LNA) except as may hereafter be released, altered or amended by the City of Tulsa or its successors or as otherwise provided by the statues and laws of the State of Oklahoma pertaining thereto.

SECTION II. PRIVATE DEVELOPMENT RESTRICTIONS

For the purpose of providing an orderly development of the subdivision and for the further purpose of providing adequate restrictive covenants for the mutual benefit of the grantor and its successors in title (Hereinafter called "Owner" or "Owners") to those parts of the subdivision numbered on said plat (Hereinafter called "Lots"), grantor does hereby impose the following restrictions and reservations and create the following easements to which it shall be incumbent upon owners to adhere, to-wit:

Reserve A. Reserve A is hereby set aside for future residential development and is subject to the same deed restrictions and covenants as outlined herein, Reserve "A" is also set aside to proved access to the oil well and systems as referenced in Section One. This property will be lot split or resbudivided in the future into residential lots.
Land Use. All lots shall be developed and maintained solely for residential purposes and such development shall be limited to detached, single-family dwellings, which have a floor area, exclusive of open porches and garages of not less than 1,200 square feet. All square footage requirements are to be figures on measurements over masonry of the ground floor.
Construction Guidelines. All dwellings erected shall have an attaced garage or carport, with storage facilities for at least two cars. Colors, materials and finishes shall be coordinated on all exterior elevations of the buildings to achieve total continuity of design. Gutters and downspourts are to be painted to match the surface to which attached, unless used as a major design element. In which case the color is to be consistent with the color scheme of the building. Abestos siding and plain concrete block shall not be used as a principal exterior material. Roofing materials on all lots shall be restricted to cedar shingles or composition shingles. Composition shingles shall be restricted to weathered wood colors and minimum weight shall not be less than 240 pounds per square . NO compostion roofing materials shall be used until actual samples showing color, materials and weight have been sumitted to and approved in writing by the new Construction Archieticual Review Board as set out in paragraph 17 of the Certificate of Dedication as ammended. NO driveways shall be contructed upon any lot which will permit ehicular ingress and egress to Olympia Avenue or Union Avenue.
Fencing. No fencing of any type shall be placed closer to the front or side street line than the building set-back lines shown on said plat. Fencing shall not be more than six feet in height and shall be constructed wholly of wooden materials, except that low decorative fencing that does not exceed three feet in height, may be placed between the building line and property line. As set out in Paragraph 17 hereof, erection or maintenance of any fence shall be approved the the Architectural Control Committee.
Clotheslines and Storage. NO clothesline shall be placed on any lot in a location visible form neighboring property or within the public view. No lumber, metals or bulk materials shall be kept, stored or allowed to accumulate on any lot except building or other materials to be used in connection with the work of construction, alteration or improvement approved in accordance with the terms hereof.
Antennae and Rooftop Aerials. No towers, antennae, aerials or other facilities for the reception or transmission of radio or television broadcast or other means of communication shall be erected and maintained or permitted to be erected or maintained on any lot, except by installations inside of structure constructed on said lot or by underground conduits.
Landscaping Guidelines. Each owner shall maintain the slope on his lot at the slope and pitch fixed by the finished grading thereof, including watering and planting of the slopes.
Care and Maintenance of Lot. The owner of each lot shall keep the same free from rubbish, litter and noxious weeds. All trash, garbage or rubbish and litter shall be kept in containers adequate for the purpose and shall be stored on the lot in such a manner as to be out of public view until such a day as is designated for collection of such material. All structures, landscaping and improvements from time to time placed upon the lot in accordance with the terms hereof shall be maintained in good condition and repair at all times. Each lot shall be subject to an easement for access to make reasonable repairs on adjoining lots and structure thereon: provided, however that:
(A) Any damage caused by such injury upon any adjoining property shall be repaired at the expense of the owner whose property was the object of the repair work which caused the same.

(B) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the entered lot: and

(C) By no event shall said easement be deemed to permit entry into the interior portions of any residence.

Automobiles, Boats and Recreational Vehicles. Except as expressly hereinafter provided, no boats, recreational vehicles, campers or trailers shall be parked upon or in front of any lot in a location visible from or within public view. The foregoing restriction shall not be deemed to prevent the washing or polishing of such boasts, recreational vehicles, camper and trailers. Except as expressly hereinafter provided, no boats, automobiles, trailers or motor-driven vehicles or any kind shall be stored, repaired, rebuilt, dismantled or repainted upon any lot in an area visible from neighboring property or in public view. Such storage or activity may be performed within garages located on the lot which screen the sight and sound of the activities from neighboring property or from the street. The foregoing restriction shall not be deemed to prevent the ordinary parking of automobiles in garages, carports or driveways. No commercial vehicles shall be parked at any time on or in front of any lot in an area viable from neighboring property or in public view, except as such parking is necessary to make commercial pickup and deliveries.
Signs. No such sign or other advertising device of any nature whatsoever shall be placed or maintained upon any lot, except neatly painted "For Sale", "For Rent" or "Open For Inspection" and such other signs as may be authorized by the grantor. All signs shall be subject to regulation by the grantor. Its written approval must be obtained before any signs, whether or not authorized herein, may be erect on any lot. Notwithstanding the foregoing, however, grantor or its designees may erect and maintain upon any lot or lots such signs and other advertising devices as it may deem necessary in connection with the conduct of its business of development, subdivision and sale of lots or other real property owned by grantor or its designees; provided, however, that grantor’s right to conduct such advertising shall expire fifteen (15) years from the date hereof.
Nuisances. NO noxious, noisesome or offensive activities shall be carried on upon any lot, nor shall anything be done or kept thereon which may be or become an annoyance or nuisance to the owners or occupants of any one or more neighboring lots.
Animals. No animals, livestock, poultry, bees or other insects, except domestic dogs, cats and household pets in reasonable number (not more than five (5), shall be kept on any lot. Household pets shall not be kept, bred or raised for commercial purposes. No animal shall be permitted to run loose except accompanied by or under the control of the owner.
Commercial Activities Prohibited. Lots shall not be used for or in connection with conduct of any trade, business, profession or commercial activity of any kind or nature whatsoever. No building upon the common area shall be used in the conduct of any real estate business, as an office or otherwise, except that grantor or its designees may maintain model home and real estates office for the purpose of selling any lot or lots (Improved or unimproved) subject hereto and other real property owned by grantor or persons designed by grantor; provided, however, that the rights of grantor or person designated by grantor; provided, however, that the rights of grantor to conduct such commercial activities shall expire fifteen (15) years form the date hereof.
Temporary and outbuilding structures. Except in connection with the preceding paragraph, no trailer, tent, shack, barn or other outbuilding types structure shall be erected or moved onto any lot either temporary or permanently. NO temporary residence or structure of any kind shall be maintained on any lot; provided, however, grantor may erect and maintain temporary buildings used for construction and administration purposes incidental to the initial construction of improvements and dwellings within the subdivision.
Membership in Home Owners Association. Any owner of any lot within said subdivision shall become a member of the Gilcrease Hills Home Owners Association (Hereinafter called "Home Owners Association") by purchasing a lot within said subdivision or any extended areas developed by grantor and memberships therein shall be thereafter appurtenant to the ownership of said lot. One cannot be transferred without the other. Each and every lot owner shall have an easement to use the facilities of the Home Owners Association subject, however, to the rules and regulations thereof. Membership in the Home Owners Association shall be subject to assessments for the actual cost of maintenance, repair, and upkeep of the common areas of the subdivision which shall include, without limitation, the clubhouse, playground, community street lighting and the common areas and facilities as designated on the overall developmental plan for Gilcrease Hills. Annual assessments for maintenance, repair and upkeep shall be a lien upon any lot of any owner in said subdivision and shall be subject to enforcement as provided in the bylaws of the home owners association. The Articles of Incorporation, Bylaws and Rules and Regulations of the Associations may be examined either at the office of grantor, 3303 South Harvard, Suite D, Tulsa, Oklahoma or at the club house of Gilcrease Hills Homeowner Association , 1919 West Seminole St., Tulsa, Oklahoma.
Architectural Control No building. Residence, fence, wall or other structure shall be commenced, erected or maintained upon any lot in the subdivision until the building plans and specifications showing the nature, kind, shape, height, materials, color and location of the same have been submitted to and approved in writing as to the harmony of the exterior design and location with respect to surrounding structures and with the general architectural style of existing structure within the subdivision by a Construction Architectural Review Board composed of three or more members appointed by Concept Builders 1987, Inc., it’s successor or the assignee of it’s right of appointment of the Members of the Board. The new Construction Architectural Review Board may require as a condition of giving it’s approval that such plans and specifications shall comply with such conditions as the Board may in the exercise of it’s reasonable discretion impose as the type of building materials to be used or other features or characteristics thereof including the finished ground elevation, should the Board fail to approve or disapprove such plans or specifications withing fifteen (15) days after the same have been submitted to it for review then such plans and specifications shall be deemed to have been approved without further action on the part of the Board. The New Construction Architectural Review Board shall have the exclusive right to grant approvals required by the Restrictive Covenants imposed herein and to waive or vary the restrictions in particular aspects whenever in the opinions of the Board such waiver or variance is the best interest of the owners in the subdivision.
Replacements or Modifications. No existing building or structure within the subdivision may be altered, expanded or modified with respect to the exterior thereof until the plans and specifications for such proposed alteration, expansion or modification have been submitted to and approved by The Architectural Control Committee of The Gilcrease Hills Homeowners Association as provided in Article IX, Architectural Control of the Bylaws of The Gilcrease Hills Homeowner’ Association adopted February 9, 1980, and recorded in Book 609 at Page 259 in the office of the County Clerk of Osage County, Oklahoma.
SECTION III. TERM, AMENDMENT AND ENFORCEMENT

3.1 The covenants and restrictions set forth herein shall be covenants which shall run with the land and which shall be binding upon and enforceable by the undersigned owner, the Association, its successors, grantees and assigns and by the beneficiaries of the covenants set forth in Section 1 hereof with respect to such covenants only and the City of Tulsa, Oklahoma and for a term or period of twenty (20) years from this date and such restrictions shall be automatically extended thereafter for successive periods of ten (10) years each, unless the owners of three-fourths (3/4) of the land within "Block 26, Gilcrease Hills Village II", and the City of Tulsa, Oklahoma agree in writing to terminate such covenants in whole or in part; provided, however, such covenants and restrictions may be amended or modified at any time by a written agreement of the owners of three-fourths (3/4) of the land withing "Block 27, Gilcrease Hills Village II" approved by the City of Tulsa, Oklahoma.

3.2 In the event the undersigned owner or any of it’s successors, grantees, lessees or assigns or any person claiming under the, shall violate or breach any of the covenants and restrictions set forth herein or imposed hereby, any person or persons owning a lot or parcel within "Block 26, Gilcrease Hills Village II", the beneficiaries of the covenants as set forth in Section 3.1 hereof with respect to such covenants only, or the City of Tulsa, Oklahoma shall have the right to maintain an action at law or in equity against the person or persons attempting to violate any such covenants and restrictions, to prevent such violation or to recover damages for the violation thereof, invalidation of any of the covenants or restrictions set forth herein by judgement or other actions shall not affect the validity of the remaining covenants and restrictions, which shall remain in full force and effect and be thereafter construed as if such invalidated covenant or restriction were not herein contained, the failure of the undersigned owner or any successor(s) in title to the property within "Block 26, Gilcrease Hills Village II" to enforce any given restriction or 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 witness whereof, the owner has executed this deed of dedication on this 7th Day of April , 19 98 .

ATTEST

BY: Laura E. Powell BY: Toby Powell

Secretary Toby Powell

STATE OF OKLAHOMA)

COUNTY OF TULSA )

Before me, The undersigned, a Notary Public, in and for said County and States on this

7th Day of April , 19 98 , personally appeared Toby Powell, to me known to be the identical one who subscribed the name of TPO, Inc., an Oklahoma Corporation, to the foregoing instrument as its Vice President and acknowledged to me that he executed the same as his free and voluntary act and deed of such Corporation for the uses and purposes therein set forth.

Witness my hand and official seal the day and year last above written.

3/22/2001 Neely S. Shaw

My Commission Expires: Notary Public

CERTIFICATE OF SURVEY

We, Bresich & Associates, an Oklahoma Corporation do hereby certify that we have carefully and accurately surveyed, staked and platted the tract of land described above and that eh accompanying plat of the above designated "Block 26, Gilcrease Hills Village II", an addition to the City of Tulsa, Osage County, Oklahoma, is a true representation os said survey,

Date this 4th Day of April , 19 98 .

By: W. B. Bresich W. B. Bresich, R.L.S.

STATE OF OKLAHOMA)

COUNTY OF TULSA )

Before me, the undersigned, a notary public, in and for said county and states, on this 7th

Day of April , 19 98 , personally appeared W. B. Bresich, to me known to be the identical one who subscribed the name of Bresich & Associates, to the foregoing certificate as its president 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 corporation for the uses and purposes therein set forth.

Witness my hand and official seal the day and year last above written.

10-28-98 Susan K. Edridge

My Commission Expires: Notary Public

COUNTY TREASURERS’S CERTIFICATE

I, Joyce Hathcoat , do hereby certify that I am the duly elected, qualified, and acting County Treasurer of Osage County, State of Oklahoma that the tax record of said county show all taxes are paid for the year 1998 and prior years on the land shown on the annexed plat of BLOCK-26 GILCREASE HILLS II VILLAGE in Osage County, Oklahoma that the required statutary security has been deopoited in the office of the County Tresurer.

In wittness whereof, said County Treasurer has caused the instrument to be evecuted of Pawhuska, Oklahoma on the 22nd day of APRIL 1998.

Joyce Hatchcoat by Sally Huls

County Treasurer, Osage County, Oklahoma