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OAKWOOD VILLAGE COVENANT

CERTIFICATE OF DEDICATION

GILCREASE HILLS, VILLAGE I, BLOCKS 7 THRU 14

* As Amended, February 3, 1972

KNOW ALL MEN BY THESE PRESENTS;

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

A tract of land in the West Half (W/2) of Section 34, Township 20 North, Range 12 East of the Indian Base and Meridian, Osage County, Oklahoma, more particularly described as follows, to-wit:

Commencing at the Southwest corner of said Section 34: thence North 0030'27" east along the West line thereof for a distance of 520 feet to the Point of Beginning; thence North 0030'27" East along said West line for a distance of 1,618.00 feet; thence South 89029'33" East for a distance of 1,316.61 feet; thence South 0040'25" West along the East line of the West Half (W/2) of the West Half (W/2) of Section 34 for a distance of 1,765.06 feet; thence South 89030'14" West for a distance of 200 feet; thence South 0040'25" West for a distance of 350 feet to a point on the South line of Section 34; thence South 89030'14" West along said South line for a distance of 290.68 feet; thence North 0029'46 West for a distance of 505.72 feet; thence North 89029'33" West for a distance of 811.01 feet to the Point of Beginning containing 52.917 Acres more or less.

and has caused the same to be surveyed, staked, and plated and subdivided into lot, blocks, and streets, and designated the same as Gilcrease Hills, Village 1, Blocks 7 thru 14, 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 no access", 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 government 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 any 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 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 grantor, 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 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 systems to the area included in this area.

RESTRICTIVE COVENANTS

For the purpose of providing an orderly development of the entire tract and for the further purpose of providing adequate restrictive covenants for the mutual benefit of the grantor and its successors in title in the subdivision of said tract, hereinafter referred to as "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 and parcels of the property 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 900 square feet in area. 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 F, shall be used solely for the purposes of providing pedestrian accessibility to the recreational areas and as utility easements 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, the ownership of which shall be ultimately vested in the Gilcrease Hills Area Association or a successor corporation thereto.

2. 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 materials must be approved by the Architectural Control Committee of the Area Association. Asbestos shingles or asbestos 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.

3. Fencing. No fence shall be constructed in front of the front line of any residence or greater than six (6) feet in height; provided, however, that the rear fifteen (15) feet of all side lot fencing and all fencing across the rear of any lot backing up to Reserve "A" shall be no more than five (5) feet in height. All fencing shall be of the type known as "grape stake vertical picket fencing"; it shall be maintained unpainted; variations in materials or color must be approved in writing by the Architectural Control Committee. Nothing in this covenant shall be construed to prevent the construction or a "privacy fence" of no more than six (6) feet in height around a patio area not larger than ten (10) feet by twenty (20) feet, provided that no part of such "privacy fence" shall be nearer the rear of the lot than fifteen (15) feet.

4. 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 terms hereof.

5. Electrical and Telephonic Utilities, etc. Electrical and telephonic utilities and all community antenna television cables shall be underground and shall be located in the easements hereinbefore dedicated for such purposes. All electrical transformers and service pedestals shall be located in the said easements at locations approved by the grantor or the Gilcrease Hills Area Association Architectural Control Committee; 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 and elsewhere throughout said addition all supply line shall be located underground, in the easements and rights-of-way dedicated for public utility purposes and streets, shown in said plat. Underground service cables to a particular dwelling may be run from 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 a service cable to a particular dwelling, 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 dwelling. The supplier of electric and/or communication service, through its proper agents and employees, shall at all time share right of access to all such easement-ways shown on said plat, or provided for in this Certificate of Dedication, for the purpose of installing, maintaining, removing or replacing any portion of said underground facilities so installed by it. The owner of each lot shall be responsible for the protection of the underground electric and telephone facilities located on this property and shall prevent the alteration of grade or any construction activity which may interfere with said electric and telephone facilities. Repairs or cost of relocation, required by violation of this covenant, shall be paid for by the owner of the lot. The foregoing covenants shall be enforceable by the supplier of electric and/or communication service and the owner of each lot agrees to be bound hereby.

6. Antennae and Rooftop Appliances. 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 structures constructed on said lot, or by underground conduits; provided however this provision shall not be construed to prohibit the construction of a master antenna tower to be used in connections with any community antenna television system operating within the platted area. In addition to the architectural control to be exercised pursuant to the terms hereof, appliances or installations of any mechanical equipment upon the roofs of structures shall not be permitted unless they are installed in such a manner that they are not visible from the neighboring property or adjacent streets.

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. A framework of landscaping elements has been conceived for the said addition based on a total design concept, which will blend with and enhance the existing elements. Individual expressions is encouraged when based upon the following criteria:

(a) Whenever existing growth is pleasing and in good condition, it shall be saved and utilized.

(b) Landscape elements shall be of the "long-lived variety. Short-lived materials can be utilized, but only as a supplement to longer-lived element.

(c) Landscape elements shall relate to architectural design elements. Landscape materials are considered to be a strong unifying element and, therefore, shall reflect the physical, functional, and aesthetic qualities of the site.

(d) Simple palettes of materials and simple compositions are recommended to achieve park-like design quality.

(e) Extensive horizontal and vertical surfaces comprised of singular materials shall be modulated or interrupted by foliage masses.

(f) Trees, both lines and masses, shall be utilized to enclose and subdivide exterior spaces relative to each individual site.

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 of 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 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) 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 lot or parcel shall be used as a parking, display, or accommodation area for any type of motor vehicle, boat, trailer, camper, or motor-driven cycle, the purpose of which parking, display, or accommodation is to store or to perform any activity thereon such as, but not limited to maintenance, repair, rebuilding , dismantling, repainting , servicing of any kind, or storage, except as hereinafter provided. Such storage or activities may be performed within completely enclosed garages or other structures located on the lot which screen the sight and sound of the activities from the street and from adjoining property in such a manner so as to have the storage or activity out of the public view. The foregoing restriction shall not be deemed to prevent the washing or polishing of such motor vehicles, boats, trailer, campers, or motor-driven cycles, together with those activities normally incident or necessary to such washing and polishing. No boat, trailer, camper, truck, or commercial vehicles shall be parked any time on or in front of any lot in an area visible from neighboring lots or any public street, except as such parking is necessary to make commercial deliveries. All such motor vehicles, boats, trailer, campers, or motor-driven cycles which are stored or parked on any lot or parcel and which are not stored or parked in completely enclosed garage or other structure may be stored or parked on a side lot area and screened from public view wither by an adequate type of six foot fencing as provided in paragraph 3 hereof or by landscaping; provided however in no event shall such storage or parking be beyond the front building line of the said lot or parcel. This restriction shall not be construed to permit any type of commercial activity prohibited by paragraph 13 hereof.

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" signs not larger than is reasonable and customary in the area. All signs shall be subject to regulation by the Architectural Control Committee hereinafter established. Notwithstanding the foregoing, however, grantor or its designees may erect and maintain upon any lot, parcel, or lots such signs and other advertising devices as it may deem necessary in connection with the conduct of the operations for the 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 hereof. Approval of the Architectural Control Committee must be obtained before any signs, whether or not authorized herein, shall be erected on any lot or parcel.

11. Nuisances. No noxious, noisesome, or offensive activities shall be carried on upon any lot or parcel, 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 or parcels.

12. Animals. No animals, livestock, poultry, bees or other insects, except domestic, dogs, cats, and household pets in a 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 control of the owner.

13. Commercial Activities 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 an 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 and contiguous to the property subject hereto; provided, however, that the rights of grantor to conduct such commercial activities shall expire fifteen (15) years from the date hereof.

14. Temporary Residences. Except in connection with the proceeding paragraph 13, no temporary residence structure or shelter of any kind shall be maintained on any lot or parcel, nor shall any lot be used for temporary residence purposes; provided, however, grantor may erect and maintain temporary buildings used only for construction and administration purposes incidental to the original subdivision of any portion of the property subject hereto and the initial construction of improvements and dwellings thereon may be erected and maintained thereon while such work or improvement and construction is carried on upon any portion of such property. All temporary buildings permitted hereunder shall be promptly removed upon the completion of the original sale of lots or house upon the whole of the property subject hereto and such other real property owned by grantor or persons designated by grantor.

15. Membership in Home Owners' Association. Any owner of any lot within said subdivision shall become a member of the Gilcrease Hills Village 1 Home Owners' Association by purchasing a lot within said subdivision or any extended area developed by Gilcrease Hills Development Corporation, 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 Association, or of the Gilcrease Hills Area Association, subject, however, to the rules and regulations thereof. Membership in the 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 area 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 Association. The Articles of Incorporation, Bylaws and rules and regulations may be examined at either the office of Gilcrease Hills Development Corporation, 1615 North 24th West Avenue, Tulsa, Oklahoma, or at the clubhouse office of the Association to be built in said subdivision.

16. Compliance with Laws. Each owner shall promptly 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 of the property subject hereto, 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 an Architectural Control Committee composed of three (3) or more representatives appointed as provided in the Bylaws of the Gilcrease Hills Area Association. Copies of the Architectural Guideline are available at the office of the grantor.

18. Approvals, Variances, and Waivers. The Architectural Control Committee shall have the exclusive right to grant approval 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 interests of the owner or tenants in the adjoining property.

19. Enforcement. Except as expressly otherwise provided herein, the Home Owners' Association, the Gilcrease Hills Area 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.

20. Severability. Invalidation of any one of these covenants or restrictions by judgment 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 declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Associations, or the owner of any lot or parcel subject to the provisions hereof, their legal representatives, heirs, successors, and assigns, for a term of forty (40) years from the date this declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this declaration may be amended during the first forty (40) year period by an instrument signed by the owners of not less than eighty percent (80%) of the lots and thereafter by an instrument signed by the owners of not less than seventy-five percent (75%) of the lots. Any such amendment must be duly recorded to be effective.

22. FHA-VA Approval. As long as grantor owns any of the lots subject to the provision hereof , amendment of this declaration of covenants, conditions, and restrictions will require the prior approval of the Federal Housing Administration or the Veterans Administration.

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 2lst day of July, 1971.

GILCREASE HILLS DEVELOPMENT CORPORATION

By Burt H. McIntosh

ATTEST : Vice President

Secretary

STATE OF OKLAHOMA ) ss.

COUNTY OF OSAGE )

On this 2lst day of July, 1971, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared Burt H. McIntosh 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 purposes therein set forth.

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

Notary Public

My Commission Expires:

May 4, 1974

CERTIFICATE OF SURVEY

We, K. N. COX & ASSOCIATES , ENGINEERS of Tulsa, Oklahoma hereby certify that we have made the above described survey and that the above plat is a true and correct representation of said survey.

Signed and sealed this 2lst day of July, 1971

K. N. COX & ASSOCIATES, ENGINEERS

By K. N. Cox

K. N. Cox, Registered Professional Engineer

STATE OF OKLAHOMA ) ss.

COUNTY Of TULSA )

Before me, the undersigned, a NOTARY PUBLIC, in and for said County and State, on this 2lst day of July, 1971, personally appeared K. N. cox 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 and as the free and voluntary act and deed of K. N. COX & ASSOCIATES, ENGINEERS, for the uses and purposes therein set forth.

Dianna W. Henry NOTARY PUBLIC

My Commission Expires:

September 12, 1974

1970 Taxes Paid

Frances Mitchell

Osage County Treasurer

AMENDMENT TO CERTIFICATE OF DEDICATION

GILCREASE HILLS, VILLAGE I, BLOCKS 7 THRU 14

KNOW ALL MEN BY THESE PRESENTS:

That GILCREASE HILLS DEVELOPMENT CORPORATION, an Oklahoma corporation, as sole owner of the following described real property, situate in the County of Osage, State of Oklahoma, to wit:

A tract of land in the West Half (W/2) of the West Half (W/2) of Section 34, Township 20 North, Range 12, East of the Indian Base and Meridian, Osage County, Oklahoma, more particularly described as follows, to wit:

Commencing at the Southwest corner of said Section 34; thence North 0"30'27" East along the West line thereof for a distance of 520 feet tot he Point of Beginning; thence North 0"30'27" East along said West line for a distance of 1,618.00 feet; thence South 89"29'33" East for a distance of 1,316.61 feet; thence South 0"40'25" West along the East line of the West Half (W/2) of the West Half (W/2) of Section 34 for a distance of 1,765.06 feet; thence South 89"30'14" West for a distance of 200 feet; thence south 0"40'25" West for a distance of 350 feet to a point on the South line of Section 34; thence South 89"30'14" West along said South line for a distance of 290.68 feet; thence North 0"29'46" West for a distance of 505.72 feet; thence North 89"2'33 West for a distance of 811.01 feet to the Point of Beginning containing 52.917 Acres more or less.

did, on the 3Oth day of July, 1971, at 3:45 P.M., file a Certificate of Dedication and Plat subdividing the aforesaid property as Gilcrease Hills, Village I, Blocks 7 thru 14, a Subdivision in Osage County, Oklahoma, which Plat and Certificate of Dedication are recorded as Plat No. 00455 in the records of the County Clerk of Osage County, State of Oklahoma; and

That GILCREASE HILLS DEVELOPMENT CORPORATION is currently the owner of all lots in Gilcrease Hills, Village I, Blocks 7 thru 14, a subdivision in Osage County; and

That it is the desire and purpose of the undersigned, GILCREASE HILLS DEVELOPMENT CORPORATION, by this instrument to amend, modify and supplement the original Certificate of Dedication described as aforesaid.

NOW, THEREFORE, GILCREASE HILLS DEVELOPMENT CORPORATION, an Oklahoma corporation, does hereby amend the aforesaid Certificate of Dedication of Gilcrease Hills, Village I, Blocks 7 thru 14, in the following respects:

1. Paragraph 1 of the Restrictive Covenants set forth in the aforesaid Certificate of Dedication, which, as filed or record provides:

"1. Land Use. All lots and parcels of the property 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 or porches and garages, is not less than 1,100 square feet in area for a one-story dwelling, nor less than 1,000 square feet in area for a one and one-half story dwelling, nor less than 1,000 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 F, shall be used solely for the purposes of providing pedestrian accessibility to the recreational areas and as utility easements for any and all utilities serving the Gilcrease Hills area. Such Reserve shall not be apart of the lots adjacent thereto, but shall be separate parcels, the ownership of which shall be ultimately vested in the Gilcrease Hills Area Association or a successor corporation thereto."

shall be, and hereby is amended to provide as follows:

"1. Land Use. All lots and parcels of the property 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 900 square feet in area. 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 F, shall be used solely for the purposes of providing pedestrian accessibility to the recreational areas and as utility easements of any an all utilities serving the Gilcrease Hills area. Such Reserve shall not be a part of the lots adjacent thereto, but shall be separate parcels, the ownership of which shall be ultimately vested in the Gilcrease Hills Area Association or a successor corporation thereto."

2. The Certificate of Dedication for Gilcrease Hills, Village I, Blocks 7 thru 14, is amended hereby, shall continue in full force and effect, subject to its terms.

IN WITNESS WHEREOF, the undersigned has caused this Amendment to Certificate of Dedication for Gilcrease Hills, Village I, Blocks 7 thru 14, to be executed in Tulsa, Oklahoma, this 2lst day of January, 1972.

GILCREASE HILLS DEVELOPMENT CORPORATION

By Burt H. McIntosh

Vice President

ATTEST:

Linda Williams

Assistant Secretary

(Seal)

STATE OF OKLAHOMA ) ss.

COUNTY OF TULSA )

On this 21st day of January, 1972, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared BURT H. MCINTOSH. to me known to be the identical person who subscribed the name of GILCREASE HILLS DEVELOPMENT CORPORATION to the foregoing instrument as the Vice President, and acknowledged tome 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.