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HICKORY VILLAGE COVENANT

CERTIFICATE OF DEDICATION

GILCREASE HILLS, VILLAGE I, BLOCKS 15 AND 16

KNOW ALL MEN BY THESE PRESENTS:

That GILCREASE HILLS DEVELOPMENT CORPORATION, an Oklahoma corporation (herein after sometimes called "grantor"), is the Owner of the following described real estate.

A TRACT OF LAND SITUATED IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 20 NORTH; RANGE 12 EAST OF THE INDIAN BASE AND MERIDIAN, OSAGE COUNTY, OKLAHOMA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:

COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 34: THENCE NORTH 0031'17" EAST ALONG THE WEST LINE OF SAID SECTION 34 A DISTANCE OF 543.98 FEET: THENCE SOUTH 89029'33" WEST A DISTANCE OF 377.81 FEET TO THE POINT OF BEGINNING: THENCE NORTH 0030'27" EAST A DISTANCE OF 167.92 FEET TO A POINT OF CURVATURE: THENCE ALONG SAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23030'50' AND A RADIUS OF 705.00 FEET A DISTANCE OF 289.33 FEET TO A POINT OF REVERSE CURVATURE: THENCE ALONG SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE 14041'25" AND A RADIUS OF 755.00 FEET A DISTANCE OF 195.58': THENCE SOUTH 78050'13" EAST A DISTANCE OF 275.06' FEET: THENCE SOUTH 10030'38" EAST A DISTANCE OF 173.58 FEET: THENCE SOUTH 200 07'47" EAST A DISTANCE OF 137.17 FEET: THENCE NORTH 89041'36" EAST A DISTANCE OF 150.34 FEET: THENCE NORTH 41054'55" EAST A DISTANCE OF 138.13 FEET: THENCE NORTH 89030'34" EAST A DISTANCE OF 234.94 FEET: THENCE SOUTH 0040'25" WEST A DISTANCE OF 414.97 FEET: THENCE NORTH 89029'33" WEST A DISTANCE OF 938.66 FEET TO THE POINT OF BEGINNING; AND CONTAINING 9.59 ACRES MORE OR LESS,

and has caused the same to be surveyed, staked, and platted and subdivided into lots, blocks and streets, and designated the same as Gilcrease Hills, Village I, Blocks 15 and 16, a subdivision in Osage County, Oklahoma.

Easement Grants

The grantor hereby dedicates for public use all the streets as shown on said plat. No vehicular ingress and egress shall be permitted over, through, and across any property or area designated on the above described plat as "limits" of access or as provided, however, that points of access or a portion thereof may be released, changed or altered by an amendment hereof with the approval of the governmental authority having jurisdiction thereof.

Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, community antenna television lines and amplifiers, gas lines and water lines, together with all fittings and equipment therefore, including any wires, conduits, pipes, valves, meters, and other appurtenances thereto, with the right of ingress and egress upon said easement and rights-of-way for the uses and purposes aforesaid, together with similar rights in each and all of the streets and alleys shown on said plat; PROVIDING, HOWEVER, that the grantor here reserves the right to construct any and all such utilities and system, and to maintain, operate, repair, remove or replace any and all such utilities and systems so constructed by grantor, and to authorize the construction; operation and maintenance of any and all such utilities and system, together with the right of ingress and egress therefore over, across, and along all of the public streets and alleys 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 system to the area included in said plat and to any other areas.

Restrictive Covenants

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 its successors and assigns to adhere, to wit:

1. Land Use. All lots shall be developed and maintained for residential purposes and such development shall be limited to single family dwellings the ground floor of the main structure of which, exclusive of open porches and garages, is not less than 1500 square feet in area for a one-story dwelling, nor less than 1350 square feet in area for a one and one-half story dwelling, nor less than 1350 square feet for a two-story dwelling. No dwelling shall be constructed on any parcel or property containing less than 7,000 square feet.

Certain parcels of the property, identified on said plat as Reserve A through Reserve B, shall be used solely for the purposes of providing pedestrian accessibility to the recreational areas and as utility easement for any and all utilities serving the Gilcrease Hills area. Such Reserves shall not be a part of the lots adjacent thereto, but shall be separate parcels.

2. Electrical and Telephonic Utilities, etc. Electrical and telephonic utilities and all community antenna television cables, including all supply line (all of which electrical, telephonic and television installations are hereinafter collectively called "cable facilities"), shall be located underground in the easements hereinbefore dedicated for such purposes. All electric transformers and service pedestals shall be located in the said easements as locations approved by the Grantor; they shall be of the on-ground, weatherproof, completely enclosed type. All existing utility lines, poles, transformers and appurtenances shall be excepted from the provisions of this paragraph. Street light poles or standards shall be served by underground cable. Underground cable facilities to a particular dwelling may be run form the nearest service pedestal or transformer to the point of usage determined by the location and construction of the dwelling, provided that upon the installation of such cable facilities to a particular dwelling the supplier of such service shall thereafter by 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 cable facility, extending from the service pedestal or transformer to the service entrance on said dwelling. Such supplier shall at all times have right of access to all easements granted herein for the purpose of installing maintaining, removing or replacing any portion of it s facilities. Each Owner shall be responsible for the protection of the underground cable facilities located on his Lot and shall prevent the alteration of grade or any construction activity which may interfere with said cable facilities. Repairs or costs of relocation required by violation of this covenant shall be paid for by the Owner of such Lot. This covenant shall be enforceable by the suppliers of such cable facilities and the Owner of each Lot agrees to be bound thereby.

3. Construction Guidelines. Each dwelling shall have an attached, completely enclosed garage containing sufficient space for at least two (2) cars, unless the topography of the Lots requires the garage to be detached or at the rear of the Lot, or an attached carport, the specification of which conform to the requirements set forth in the Architectural Guidelines of the Gilcrease Hills Area Association. All roof material must be approved by the Architectural Control Committee of the Area Association. Asbestos or siding and plain concrete block shall not be used as a principal exterior material. Colors, materials, and finishes shall be coordinated on all exterior elevation of the buildings to achieve total continuity of design. Gutters and down-spouts 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.

4. 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.

5. Clotheslines and storage. No clotheslines shall be placed on any lot in a location visible from neighboring property or within the public view. No lumber, metals, or bulk materials shall be kept, stored, or allowed to accumulate on any lot or the common area, except building or other materials to be used in connection with the work of construction, alteration or improvement approved in accordance with the term hereof.

6. Antennae and Rooftop Aerials. No towers, antennas, aerials, or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained or permitted to be erected or maintained on any lot, except by installations inside of structures constructed on said lot, or by underground conduits. 7. Landscaping Guidelines. Each owner shall maintain the slopes on his Lot or parcel at the slope and pitch fixed by the finished grading thereof including watering and planting of the slopes.

8. 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 public view until such 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 structures thereon; provided, however, that:

(a) Any damage caused by such entry upon a Lot or 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) In no event shall said easement be deemed to permit entry into the interior portions of any residence.

9. Automobiles, Boats, and Trailers. Except as expressly hereinafter provided, no boats, recreational vehicles, campers, 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 boats, recreational vehicles, campers, and trailers. Except as expressly hereinafter provided no boats, automobiles, trailers, or motor-driven vehicles of any kind shall be stored, repaired, rebuilt, dismantled, repainted upon any Lot in an area visible from neighboring property or in public view. Such storage or activities 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 visible from neighboring property or in public view, except as such parking is necessary to make commercial pickups and deliveries.

10. Signs. No 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 erected 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 and contiguous to the property subject hereto; provided, however, that grantor's rights to conduct such advertising shall expire fifteen (15) years from the date thereof.

11. 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.

12. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats, and household pets in reasonable number (not more than five) 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 unless accompanied by or under the control of the owner.

13. Commercial Activity Prohibited. Lots shall not be used for or in connection with the conduct of any trade, business, profession, or commercial activity of any kind or nature whatsoever. No building upon any lot or upon the common area shall be used in the conduct of any real estate business, as in office or otherwise, except that grantor or its designees may maintain model homes and real estate offices for the purpose of selling any lot or lots (improved or unimproved) subject hereto and other real property owned by grantor or persons designated by grantor; provided, however, that the rights of grantor to conduct such commercial activities shall expire fifteen (15) years from the date hereof.

14. Temporary and Outbuilding structures. Except in connection with the preceding paragraph, no trailer, tent, shack, barn or other outbuilding type structure shall be erected or moved onto any Lot either temporarily or permanently. Not 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 improvement and dwellings within the subdivision.

15. Membership in Homeowner Association. Any Owner of any Lot within said subdivision shall become a member of the Gilcrease Hills Village Home I 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, or of the Area Association (hereinafter collectively called "Associations"), 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 for 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 Association may be examined at the Club House office of the Gilcrease Hills Homeowners Association, 1919 W. Seminole, Tulsa, Oklahoma 74127.

16. Compliance with Laws. Each owner shall comply with all laws, statutes, ordinances, rules, and regulations of federal, state or municipal governments or authorities applicable to use, zoning, and occupancy of and construction and maintenance of improvements on the lots and any additions thereto.

17. Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any Lot in the Subdivision, nor shall any exterior addition to or change or alteration therein, or change in the exterior appearance thereof, or change in landscaping be made until specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing as to harmony of exterior design and location in respect to surrounding structures and topography by the grantor or persons designated by the grantor.

18. Approvals, Variances and Waivers. The grantor or persons designated by the grantor shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever, in its opinion, such waiver or variance is in the best interest of the Owners in the Subdivision.

19. Enforcement. Except as expressly otherwise provided herein, each of the Association, or any owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, and charges now or hereafter proposed by the provisions hereof. Failure by the Associations or by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.

20. Severability. Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.

21. Amendment. Covenants and restrictions of this Certificate of dedication shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any lot, their legal representatives, heirs, successors, and assigns, for a term of forty (40) years from the date this Certificate of dedication is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Certificate of Dedication may be amended during the first forty (40) year period by an instrument signed by the owners of not less than seventy-five percent (75%) of the lots, and thereafter by an instrument signed by the owners of not less than seventy percent (70%) of the lots. Any such amendment must by duly recorded to be effective.

23. Inapplicability to Property of Public Entity. The provisions hereof shall be inapplicable to any property now owned or hereafter acquired by the State of Oklahoma or any political subdivision thereof.

IN WITNESS WHEREOF, The undersigned, being the grantor herein, has hereunto set its hand and seal this 14th day of November 1977.

GILCREASE HILLS DEVELOPMENT CORPORATION

By George D. Thurman

George D. Thurman, Vice President

ATTEST:

Glen Sams

Asst. Secretary

STATE OF OKLAHOMA)

) ss.

COUNTY OF TULSA )

On this 14th day of November, 1977, before me, the undersigned a Notary Public in and for the County and State aforesaid, personally appeared GEORGE D. THURMAN, to me known to be the identical person who subscribed the name of GILCREASE HILLS DEVELOPMENT CORPORATION to the foregoing Certificate of Dedication as its Vice 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 purposed therein set forth.

CERTIFICATE OF SURVEY

I, the undersigned J. T. Barger, Registered Professional Surveyor, State of Oklahoma, do hereby certify that I have carefully and accurately surveyed the above described real estate and premises dedicated as Gilcrease Hills, Village I, Blocks 15 and 16, a subdivision in Osage County, State of Oklahoma, and that the above plat is a true representation of said survey.

Dated on this 14th day of November, 1977.

J. T. Barger J. T. Barger, Registered Land Surveyor

STATE OF OKLAHOMA )

) SS.

County of Tulsa )

Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 14th day of November, 1977, personally appeared J. T. Barger, to me known to be the identical person who executed the within and 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.

Notary Public

My commission expires:

(SEAL)

I DO HEREBY CERTIFY THAT THERE ARE NO UNPAID TAXES ON GILCREASE HILLS, VILLAGE I, BLOCKS 15 AND 16.

Osage County Treasurer

Given under my hand and seal the day and year last above written.

Notary Public

My commission expires:

September 22, 1978

(Seal)