AMENDED
DEED OF DEDICATION
AND
PROTECTIVE COVENANTS
FOR FLINT RIDGE NO. 2, A
SUBDIVISION
IN BOTH ADAIR AND
DELAWARE COUNTIES, OKLAHOMA
WHEREAS
, FLINT RIDGE DEVELOPMENT COMPANY, An Oklahoma General
Partnership
( hereinafter "Developer”) is the owner of the following described property,
and;
WHEREAS,
Developer has filed a certain DEED OF DEDICATION AND PROTECTIVE COVENANTS FOR
FLINT RIDGE NO 2, A SUBDIVISION IN
BOTH ADAIR AND DELAWARE COUNTIES, OKLAHOMA (hereinafter DEED OF DEDICATION AND
PROTECTIVE COVENANTS, FLINT RIDGE NO. 2) with the Adair
County
Clerk's Office at Book 178 Page 597 et seq. and
with
the
Delaware County Clerk's Office at Book
390 Page l46 on the
following
described plats , to-wit:
STONE
RIDGE AREA, FLINT RIDGE NO. 2, A Subdivision located in Sections 27, 28 and 33 T
20 N, R 24 E of the Indian Base and Meridian in Delaware County,
Oklahoma.
(Book 390 Page 143 et seq. Delaware County
Records)
FOX
RIDGE AREA, FLINT RIDGE NO. 2, A Subdivision in Sections 5 and 6, T 19 N, R 24 E
of the Indian Base and Meridian in Adair County, Oklahoma.
(Book 178 Page 718 Adair County Records)
BIRD
VALLEY AREA, FLINT RIDGE N0. 2, A Subdivision located in Sections 3 and 4, T 19 N, R
24 E of the Indian Base and Meridian in Adair County, Oklahoma
(Book
178 Page 719 Adair
County Records)
WHEREAS,
as a result of AMENDING the aforementioned plats it is also necessary to Amend
the DEED OF DEDICATION AND PROTECTIVE COVENANTS, FLINT RIDGE NO.
2;
NOW
THEREFORE, Developer does hereby declare that all the provisions contained in
that certain DEED OF DEDICATION AND PROTECTIVE COVENANTS FOR FLINT RIDGE NO. 2,
A SUBDIVISION IN BOTH ADAIR AND DELAWARE COUNTIES, OKLAHOMA as they are
presently in effect and of record
filed with the Adair County Clerks Office at Book 178 Page
597 et seq. and with the
Delaware County Clerk Office at Book 390 Page 146 shall be made applicable to the
following described property, to-wit:
STONE
RIDGE AREA, FLINT RIDGE NO. 2, BLOCK NO. 10, AMENDED, A Subdivision located in
Sections 27, 28, and 33, T 20 N, R 24 E of the Indian Base and Meridian in
Delaware County, State of Oklahoma, according to the recorded plat
thereof.
BIRD
VALLEY AREA, FLINT RIDGE NO. 2, BLOCK NO. 12 AMENDED, A SUBDIVISION LOCATED IN
SECTION 3 AND 4,
T
19 N, R 24 E, OF THE INDIAN BASE AND MERIDIAN IN ADAIR COUNTY, STATE OF
OKLAHOMA.
which
property is held and shall be held, conveyed, hypothecated, encumbered, leased,
tented, used, occupied and improved subject to the following conditions,
covenants, restrictions, uses, limitations and obligations each and all of which
are declared and agreed to be in furtherance of a plan for the improvement and
development of the aforementioned property and where applicable shall be deemed
“covenants running with the land” until January 1,1994 and shall be a burden and
a benefit to the Developer, and it’s successors and assigns, and any person,
firm, partnership, corporation, association, whomsoever acquiring or owning an
interest in the property or any part thereof and any improvements thereon,
together with their respective grantees, successors, heirs, executors,
administrators, devisees and assigns. Each of said “covenants running with the
land” shall be automatically extended for two (2)successive ten (10) year periods, provided
however, that any condition(s), restriction(s), covenant(s),use(s),
limitation(s) or obligation(s)or any one or more of them, may at any time, be
waived, modified or changed by
either (1) a written agreement signed and acknowledged by at, least seventy-five
percent (75%) of all of the owners of the property and such agreement being
filed of record in the Office of the County Clerk of Delaware County, Oklahoma
and Adair County, Oklahoma; or (2) by a written agreement signed and
acknowledged by all members of the Architectural Control Committee (the “ACC”)
and Property Owners Association (the “Association”) with a certified copy of a
resolution attached showing that said directors are authorized to execute such
agreement and that such resolution was passed at a meeting of the membership of
the Association by a seventy-five percent (75%) majority of the members and,
filing such agreement of record in the Off ice of the County Clerk of Adair
County, Oklahoma and Delaware County, Oklahoma; or (3) as provided in Paragraph
6(b).
PROTECTIVE
COVENANTS
All
of the Protective Covenants and provisions contained in the DEED OF DEDICATION
AND PROTECTIVE COVENANTS, FLINT RIDGE NO. 2, A SUBDIVISION IN BOTH ADAIR AND
DELAWARE COUNTIES, OKLAHOMA, as presently filed of record in the Office of the
County Clerk of Delaware County, Oklahoma, in Book 390 Page 146 et seq.
and as presently filed of record in the Office of the County Clerk of Adair
County, Oklahoma, in Book 178 Page 597 et seq., EXCEPT AS HEREIN
AMENDED are hereby incorporated herein by reference and made a part hereof for
all purposes, and shall be modified as follows:
At
Page 5 of the Covenants Paragraph 1 shall be amended to read as
follow:
1.
Lots 1 through 21, 47 through 61, 77 through 79, 94, 95, 113, 114, 119 through
121, BLOCK 10 AMENDED, STONE RIDGE AREA, Lots 1 through 86, BLOCK 11, FOX RIDGE
AREA, Lots 1 through 69, BLOCK 12 AMENDED, BIRD VALLEY AREA (the “residential
lots”) shall not be used or occupied other than for single family residences.
Any other use is expressly prohibited.
At
Pages 5 and 6 of the Covenants
Paragraph 2 shall be amended to read as follows:
2.
All
residences and building upon residential lots must conform to the following
minimum requirements:
a. The enclosed interior floor area of any
residence shall not be less than 850 square feet except on the following
residential lots where the enclosed floor area of any residence shall not be
less than 1,100 square feet; Lots 24, 25, 27, 28, 54, 55, 57 through 59 and 68
and 68, BIRD VALLEY AREA, FLINT RIDGE NO. 2, BLOCK 12 AMENDED. The aforesaid
minimum floor area requirements are to be calculated by using the enclosed
interior dimensions of the residences.
At Page 6 of the Covenants
Paragraph 3 shall be amended to read as follows:
3. Permanent mobil homes are hereby
permitted on the following residential lots and none other for FLINT RIDGE NO.
2: Lots 22 through 46, 62 through 76, 80 through 112, 115 through 118, STONE
RIDGE AREA, BLOCK 10 AMENDED. All provisions dealing with mobil homes being
permanently affixed, connected to septic tanks, ACC approval of mobil homes and
authority to issue permits contained in Paragraph 9 of the
Protective
Covenants for FLINT RIDGE NO. 1 — AMENDED shall also be applicable to mobil home
lots in FLINT RIDGE NO. 2.
At
Page 6 of the Covenants Paragraph 5 shall be amended to read as
follows:
5 At Article I Section (j)
“Residential lots)”, which are located in FLINT RIDGE NO. 2, shall mean and
refer to those lots
listed
on Page 2 of this AMENDED DEED OF DEDICATION AND
PROTECTIVE
COVENANTS
FOR FLINT RIDGE NO. 2, A SUBDIVISION LOCATED IN BOTH ADAIR
AND
DELAWARE COUNTIES, OKLAHOMA.
AMENDMENTS
TO PLATS
The
following are the amendments to the filed Plats for STONE
RIDGE
AREA, FLINT RIDGE NO. 2, and BIRD VALLEY AREA, FLINT RIDGE NO.
2:
1.
The Plat for Stone Ridge Area, Flint Ridge No. 2,
filed
at
Book 390 Page 143-144
Delaware County Records shall now be known as
follows:
STONE
RIDGE AREA, FLINT RIDGE NO. 2, BLOCK 10 AMENDED,
A
Subdivision Located in Sections 27, 28 and 33, T 20 N,
R
24 E of the Indian Base and Meridian in Delaware County,
State
of Oklahoma.
2.
The Plat for Bird Valley Area, Flint Ridge No. 2,
filed
at Book 178 Page 719 Adair County Records
shall
now
be
known as follows:
BIRD
VALLEY AREA, FLINT RIDGE NO. 2, BLOCK NO. 12, AMENDED,
A
SUBDIVISION LOCATED IN SECTIONS 3 and 4 T. 19 N., R 24 E.
OF
THE INDIAN BASE AND MERIDIAN IN ADAIR COUNTY, STATE OF
OKLAHOMA.
3. Lots 70, 71 and 72 have been
deleted from the plat on BIRD VALLEY AREA, FLINT RIDGE NO. 2, BLOCK 2,
AMENDED,
A
SUBDIVISION LOCATED IN SECTIONS 3 and 4 T. 19 N., R 24 E., OF THE INDIAN BASE
AND MERIDIAN IN ADAIR COUNTY, OKLAHOMA.
4.
Electric transmission line easements and the lots affected, are indicated
on the amended plats.
IN
WITNESS WHEREOF, the Developer has caused this document to be executed by its
duly authorized officers and corporate seal to be affixed hereunto this
18th day of September 1979.
FLINT
RIDGE DEVELOPMENT COMPANY,
an
Oklahoma General Partnership
By: FRATES DEVELOPMENT
COMPANY,
Managing
General Partner
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STATE
OF OKLAHOMA
)
) ss.
COUNTY
OF TULSA
)
The
foregoing instrument was
acknowledged before me this 18th day of September, 1979, by James E.
Robertson Vice President of Frates Development Company, Managing General
Partner of Flint Ridge Development
Company, an Oklahoma General Partnership on behalf of said
partnership.
Charlene
G. Gadriens
Notary Public
My
Commission Expires :
My
Commission Expires Oct 17, 1981
CERTIFICATE
OF COUNTY CLERK
I,
Mae Jean Johnson , the duly elected, qualified and acting County Clerk of
Adair County, State of Oklahoma, do hereby certify that as of the date of the
above and foregoing Deed of Dedication and Amendment to Plats, and Protective
Covenants for the plats, Flint Ridge Development Company, an Oklahoma General
Partnership, was the record owner of more than seventy-five percent (75%) of all lots, blocks and areas
within Fox Ridge Area, FLINT RIDGE No. 2, a Subdivision in the State of
Oklahoma, and BIRD VALLEY AREA, FLINT RIDGE NO. 2 , BLOCK No. 12, AMENDED, a
Subdivision in Adair County , State of Oklahoma, according to the recorded Plats
thereof as shown by the records of this office.
Dated this 18th
day of September, 1979.
Mae
Jean Johnson
County Clerk
F
I L E D
Adair
County, Stilwell, Okla.
SEP. 18 1979
2
HOUR 30 MINUTE
IN
BOOK 181 AT
PAGE
265-8
MAE JEAN JOHNSON County Clerk
By
LRJ
Deputy
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