DEED OF DEDICATION
AND PROTECTIVE COVENANTS FOR
SHADOWHILL AREA, FLINT RIDGE NO.
3
BLOCK 22, a Subdivision in
Adair County, Oklahoma
WHEREAS, the undersigned, FLINT RIDGE
DEVELOPMENT COMPANY, an Oklahoma General Partnership (“Developer”), being the
owner of the following described real property located in Adair County, State of
Oklahoma, to-wit:
A tract of land lying in Sections 8, 17 and
18, Township 19. North, Range 24 East of the Indian Base and Meridian, situated
in the County of Adair, State of Oklahoma, as more particularly described as
follows:
Beginning at the
Southeast corner of the North half of
Section 18, Township 19
North, Range 24 East of the
Indian Base and
Meridian, Adair County, Oklahoma;
thence N 89°45’37” W
along the South line of said North
half for a distance of
3381.44 feet; thence N 00°40’28”
W for a distance of
30.90 feet; thence along a curve to
the left having a radius
of 110.00 feet for a distance
of 161.87 feet; thence N
05°00’37” E for a distance of
141.05 feet; thence along a curve to the right having
a
radius of 200.00 feet
for a distance of 209.29 feet;
thence N 64°58’07” E for
a distance of 128.94 feet;
thence along a curve to
the left having a radius of
250.00 feet for a distance of 168.90 feet; thence
N
26°15’37” E for a
distance of 139.34 feet; thence along
a curve to the right
having a radius of 250.00 feet for
a distance of 165.08
feet; thence N 64°05’40” E for a
distance of 76.13 feet;
thence along a curve to the
right having a radius of
75.00 feet for a distance of
72.76 feet; thence S 60°19’07” E for a distance
of
195.31 feet; thence along a curve to the left having
a
radius of 400.00 feet
for a distance of 195.18 feet;
thence S 88°16’33” E for
a distance of 132.51 feet;
thence along a curve to
the right having a radius of
325.00 feet for a distance of 141.00 feet; thence
S
63°25’05” E for a
distance of 103.86 feet; thence along
a curve to the left
having a radius of 275.00 feet for
a distance of 256.19
feet; thence N 63°12’17” E for a
distance of 221.90 feet;
thence along a curve to the
left having a radius of
400.00 feet for a distance of
154.35 feet; thence N 41°05’47” E for a distance
of
262.66 feet; thence along a curve to the left having
a
radius of 150.00 feet
for a distance of 152.25 feet;
thence N 17°03’35” W for
.a distance of 90.34 feet;
thence along a curve to
the right having a radius of
175.00 feet for a distance of 168.55 feet; thence
N
38°07’28” E for a
distance of 161.41 feet; thence N
40°03’09” E for a
distance of 388.96 feet; thence along
a curve to the right
having a radius of 150.00 feet for
a distance of 147.26
feet; thence S 83°41’51” E for a
distance of 351.19 feet;
thence S 83°29’37” E for a
distance of 152.26 feet;
thence along a curve to the
right having a radius of
350.00 feet for a distance of
146.76 feet; thence S 59°28’06” E for a distance
of
256.95 feet; thence along a curve to the left having
a
radius of 200.00 feet
for a distance 275.92 feet;
thence N 41°29’ 09” E
for a distance of 285.25 feet;
thence along a curve to
the left having a radius of
225.00 feet for a distance of 203.27 feet; thence
N
10°16’31” W for a
distance of 329.30 feet; thence along
a curve to the right
having a radius of 350.00 feet for
a distance of 171.04
feet; thence N 17°43’28” E for a
distance of 108.52 feet;
thence along a curve to the
right having a radius of
275.00 feet for a distance of
102.39 feet; thence N 39°03’29” E for a distance
of
113.29 feet; thence along a curve to the right having
a
- 1 -
radius of 225.00 feet for a distance of
140.03 feet; thence N 74°42’56” E for a distance of 185.18 feet; thence along a
curve to the left having a radius of 350.00
feet for a distance of 178.14 feet; thence N 45°33’15” E for a distance of 93.23
feet; thence N 54°05’42” E for a distance of 251.23 feet; thence N 42°59’45” E
for a distance of 105.74 feet; thence along a curve to the left having a radius
of 200.00 feet for a distance of 150.72 feet; thence N 00°10’55” W for a
distance of 99.20 feet; thence N 06°19’40” W for a distance of 74.50 feet;
thence along a curve to the right having a radius of 100.00 feet for a distance
of 50.37 feet; thence N 22°31’51” E for a distance
of
142.09 feet; thence N
02°11’09” E for a distance of
124.85 feet; thence
along a curve to the right having a radius of 275.00 feet for a distance of
109.79 feet; thence N 25°03’40” E for a distance of 150.06 feet; thence N
28°16’20” E for a distance of 258.26 feet; thence S 04°22’33” W for a distance
of 123.06 feet; thence along a curve to the left having a radius of 300.00 feet
for a distance of 292.78 feet; thence S
51°32’28” E for a
distance of 168.06 feet; thence along a curve to the right having a radius of
250.00 feet for a distance of 148.20 feet; thence S 17°34’38” E for a distance
of 209.37 feet; thence S 23°00’33” E for a distance of 154.94 feet; thence along
a curve to the right having a radius of 200.00 feet for a distance of 159.50
feet; thence S 22°41’07” W for a distance of
163.57 feet; thence
along a curve to the left having a radius of 200.00 feet for a distance of 87.85
feet; thence S 02°28’53” E for a distance of 417.91 feet; thence along a curve
to the right having a radius of 300.00 feet for a distance of 81.33 feet; thence
S
13°03’02” W for a
distance of 436.86 feet; thence S
15°18’13” E for a distance of 266.99 feet;
thence along a curve to the left having a radius of 375.00 feet; thence S
39°12’38” E for a distance of 365.84 feet; thence S 52°00’53” E for a distance
of 261.66 feet; thence along a curve to the right having a radius of 325.00 feet
for a distance of 154.05 feet; thence S 24°51’22” E for a distance of 184.26
feet; thence S 21°44’20” W for a distance of 146.55 feet; thence along a curve
to the left having a radius of 300.00 feet for a distance of 217.31 feet; thence
S 19°45’53” E for a distance of 491.15 feet; thence S 31°59’21” E for a distance
of 96.78 feet; thence along a curve to the left having a radius of 325.00 feet
for a distance of 68.76
feet; thence S 44°06’41” E for a distance of
122.05 feet; thence along a curve to the
right having a radius of 275.00 feet for a distance of 146.93 feet; thence S
13°29’56” E for a distance of 228.35 feet; thence along a curve to the right
having a radius of 325.00 feet for a distance of 129.22 feet; thence
S
09°16’52” W for a
distance of 74.73 feet; thence along a curve to the right having a radius of
500.00 feet for
a distance of 255.32
feet; thence S 38°32’17” W for a
distance of 171.29 feet;
thence along a curve, to the
left having a radius of
750.00 feet for ,a distance of
170.06 feet; thence S 25°32’47” W for a
distance of
16.76 feet; thence N 64°27’13” W
for a distance of
245.00 feet; thence N 87°01’21” W for a
distance of
1203.56 feet; thence N
64°43’20” W for a distance of
398.12 feet; thence N 82°52’30” W for a
distance of
40.31 feet; thence S 74°40’43” W
for a distance of
378.45 feet; thence S 73°36’38” W for a
distance of
88.60 feet; thence S 49°45’49” W
for a distance of
425.74 feet; thence S 45°00’OO” W for a
distance of
261.63 feet; thence S 16°23’22” W for a
distance of
265.80 feet; thence S 88°44’22” W for a
distance of
185.25 feet to the East line of said
Section 18; thence
N 00°54’38” W along said
East line for a distance of
1515.50 feet to the
Southeast corner of the North half
-2-
of said Section 18 and the point of
beginning. Above described tract of land contains 333.11
acres.
WHEREAS, Developer hereby certifies that it
has caused the above described real estate to be surveyed, platted and
subdivided into areas, lots and blocks on the plat recorded at Book 211,
Page 736-38 Adair County Clerk’s Records, prepared by Jack L. Holt which
is hereby adopted as the official plat of the above described real estate and
shall hereafter be known and named SHADOWHILL AREA, FLINT RIDGE NO. 3, BLOCK 22,
a Subdivision located in Adair County, State of Oklahoma (hereinafter
“SHADOWHILL AREA”), which tract of real estate has been subdivided into the
following lots and tracts, to-wit:
SHADOWHILL AREA
Block 22, Lots 1 through 249,
inclusive.
Tracts “A”, “B”, “C” and “D”
WHEREAS, Developer, by the filing of the plat
described
above and this Deed of Dedication and
Protective Covenants hereby
subjects this property known as SHADOWHILL
AREA, FLINT RIDGE NO.
3, BLOCK 22 to all of the provisions
contained in that certain
DEED OF DEDICATION AND PROTECTIVE COVENANTS
FOR FLINT RIDGE NO.
1, A SUBDIVISION IN DELAWARE COUNTY,
OKLAHOMA, recorded in Book
263, Pages 320—361, inclusive, Delaware
County Clerk’s Records;
DEED OF DEDICATION AND PROTECTIVE COVENANTS
FOR FLINT RIDGE NO. 1
-
AMENDED, A SUBDIVISION IN DELAWARE COUNTY, OKLAHOMA,
recorded
in Book 263B, Pages 572—578, inclusive,
Delaware County Clerk’s
Records; SECOND AMENDMENT TO PROTECTIVE
COVENANTS FOR FLINT RIDGE
NO. 1 - AMENDED, A SUBDIVISION IN DELAWARE
COUNTY, OKLAHOMA,
recorded in Book 369, Pages 662—665,
inclusive, Delaware County
Clerk’s Records; DEED OF DEDICATION AND
PROTECTIVE COVENANTS FOR
FLINT RIDGE NO. 2, A SUBDIVISION IN BOTH
DELAWARE AND ADAIR
COUNTIES, OKLAHOMA, recorded in Book 390,
Pages 146-217, Delaware
County Clerk’s Records and in Book 178, Pages
597-668, inclusive,
Adair County Clerk’s Records; AMENDED DEED OF
DEDICATION AND
PROTECTIVE COVENANTS FOR FLINT RIDGE NO. 2, A
SUBDIVISION IN BOTH
DELAWARE AND ADAIR COUNTIES, OKLAHOMA,
recorded in Book 393,
Pages 800—803, inclusive, Delaware County
Clerk’s Records and in
Book 181, Pages 265—268, inclusive, Adair
County Clerk’s Records;
DEED OF DEDICATION AND PROTECTIVE COVENANTS
FOR PORTION OF BLOCK
7, FLINT RIDGE NO. 1 - AMENDED, recorded in
Book 394, Pages
518-519,
Delaware County Clerk’s Records; DEED OF DEDICATION
AND
PROTECTIVE COVENANTS FOR FLINT RIDGE NO. 2, A
SUBDIVISION IN BOTH
ADAIR AND DELAWARE COUNTIES, OKLAHOMA,
recorded in Book 180,
Pages 664, et. seq., Adair County Clerk’s
Records; DEED OF
DEDICATION AND PROTECTIVE COVENANTS FOR FLINT
RIDGE NO. 2, A
SUBDIVISION IN BOTH ADAIR AND DELAWARE
COUNTIES, OKLAHOMA,
recorded in Book 181, Pages 275—277, Adair
County Clerk’s
Records; DEED: OF DEDICATION AND PROTECTIVE
COVENANTS FOR BLOCK
18, SAWMILL HOLLOW AREA, FLINT RIDGE NO. 3, A
SUBDIVISION IN
ADAIR COUNTY, OKLAHOMA, recorded in Book 194,
Page 117 and in
Book 194, Pages 118, et. seq. and in Book,
Pages 151-154,
inclusive, Adair County Clerk’s Records; DEED
OF DEDICATION AND
PROTECTIVE COVENANTS FOR BLOCK 19, WILLOW
CREEK AREA, FLINT RIDGE
NO. 3, A SUBDIVISION IN ADAIR COUNTY,
OKLAHOMA, recorded in Book
194, Pages 155—158, inclusive, Adair County
Clerk’s Records; DEED
OF DEDICATION AND PROTECTIVE COVENANTS FOR
BLOCK 20, CAVE CREEK
AREA, FLINT RIDGE NO. 3, A SUBDIVISION IN
ADAIR COUNTY,
OKLAHOMA, recorded in Book 200, Pages 372—373
and in Book 200,
Pages 535-539, Adair County Clerk’s Records;
DEED OF DEDICATION
AND PROTECTIVE COVENANTS FOR BLOCK 21,
TIMBERCREST AREA, FLINT
RIDGE NO. 3, A SUBDIVISION IN ADAIR COUNTY,
OKLAHOMA, recorded in
Book 202, Pages 544-547, Adair County Clerk’s
Records; DEED OF
DEDICATION AND PROTECTIVE COVENANTS FOR BLOCK
17, BERRY HILL
AREA, FLINT RIDGE NO. 4, A SUBDIVISION IN
DELAWARE COUNTY,
OKLAHOMA, recorded in Book 432, Pages
367-369, and in Book 433,
Pages 574—578, Delaware County Clerk’s
Records;
DEED OF DEDICATION
AND
PROTECTIVE COVENANTS FOR FLINT RIDGE NO. 4, A SUBDIVISION IN DELAWARE COUNTY, OKLAHOMA, recorded in Book 406, Pages
866—869, inclusive, Delaware County Clerk’s Records (all
of
-3-
which are hereinafter
collectively referred to as “DEEDS OF
DEDICATION AND
PROTECTIVE COVENANTS FOR FLINT RIDGE NO. 1 -
AMENDED, FLINT RIDGE NO.
2, FLINT RIDGE NO. 3, and FLINT RIDGE
NO. 4”), which documents
are all incorporated herein by reference and made a part hereof as though they
were fully set out herein, all in accordance with the provisions of Article II,
Section 2 of those certain “DEEDS OF DEDICATION AND PROTECTIVE COVENANTS FOR
FLINT RIDGE NO. 1 - AMENDED, FLINT RIDGE NO. 2, FLINT RIDGE NO. 3, and FLINT
RIDGE NO. 4”, and further imposes these mutually beneficial covenants and
restrictions upon the property known as SHADOWHILL AREA pursuant to a plan of
development and use for the benefit of all present and future owners thereof, as
herein provided.
NOW, THEREFORE,
developer hereby declares that the additional property contained herein and
known as SHADOWHILL AREA, FLINT RIDGE NO. 3, BLOCK 22, a Subdivision located in
Adair County, State of Oklahoma, is held and shall be held, conveyed,
hypothecated, encumbered, leased, rented, used, occupied and improved subject to
the conditions, covenants, restrictions, uses and limitations contained in those
certain “DEEDS OF DEDICATION AND PROTECTIVE COVENANTS FOR FLINT RIDGE NO. 1 -
AMENDED, FLINT RIDGE NO. 2, FLINT RIDGE NO. 3 and FLINT RIDGE NO. 4”, each and
all of which are declared and agreed to be in furtherance of a plan for the
improvement and development of the property and, where- applicable, shall be
“covenants running with the land” until January 1, 1994, and shall be both a
burden and a benefit of the Developer, and its successors and assigns, and any
person, firm or partnership, corporation or 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 automatically extend 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 property
owners within FLINT RIDGE NO. 1 - AMENDED, a Subdivision in Delaware County,
Oklahoma, FLINT RIDGE NO. 2, a Subdivision in both Adair and Delaware Counties,
Oklahoma, FLINT RIDGE NO. 3, a Subdivision in Adair County, Oklahoma, and FLINT
RIDGE NO. 4, a Subdivision in Delaware County, Oklahoma, and any additional
property which becomes a part of the Flint Ridge Subdivision pursuant to Article
II, Section 2 of the DEEDS OF DEDICATION AND PROTECTIVE COVENANTS FOR FLINT
RIDGE NO. 1 -AMENDED, FLINT RIDGE NO. 2, FLINT RIDGE NO. 3 and FLINT RIDGE
NO.
4, and such agreement
being filed of record in the County Clerk’s Office for both Adair and Delaware
Counties, Oklahoma; or (2) by a written agreement signed and acknowledged by all
members of the Architectural Control Committee (the “ACC”) and a majority in
number of the Board of Directors of the Flint Ridge Property Owners Association
(the “Association”) with a certified copy of a resolution 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 office of the County Clerk where the property is located; or (3) as provided
in Paragraph 6(b).
In addition, Developer
further declares as follows:
The following language
shall be added to the “DEEDS OF DEDICATION AND PROTECTIVE COVENANTS FOR FLINT
RIDGE NO. 1 -AMENDED, FLINT RIDGE NO. 2, FLINT RIDGE NO. 3 and FLINT RIDGE
NO.
4” at the appropriate
Paragraphs listed below and shall be applicable to the Property now known as
SHADOWHILL AREA, FLINT RIDGE NO. 3, BLOCK 22, to the extent and manner as set
out above, to-wit:
-4-
Paragraph 1 — “...Lots 1
through 249, SHADOWHILL AREA, BLOCK 22 (the “residential lots”) shall not be
used or occupied other than for single—family residences except as provided to
the contrary herein. Any other use is strictly
prohibited.”
Paragraph 6(a)-Insert
the following language before the last sentence in Paragraph 6(a) — “...The
enclosed interior floor area of any residence located in SHADOWHILL AREA, BLOCK
22, FLINT RIDGE NO. 3, shall not be less than 850 square
feet.”
Paragraph 6(b)-Insert
the following language at the beginning of Paragraph 6(b) - “...No building or
structure shall be located nearer than the Building Setback Line as shown on the
plat of SHADOWHILL AREA, FLINT RIDGE NO. 3, BLOCK 22,’ and not nearer than 15
feet to any side or rear lot line when not indicated on the plat
and...”
At Article I (c) (xiii), the following
language shall be added “...all roadways as shown on the plats for Flint Ridge
No. 3.”
At Article 1(j), the
following language shall be added —Residential Lot(s) shall mean and refer to
those lots as so designated in Paragraph 1 of the Protective
Covenants.”
Certain tracts of land
in SHADOWHILL AREA, FLINT RIDGE NO. 3, BLOCK 22 are hereby designated by
Developer as being “Green Belt Areas.” Green Belt Areas shall be Common Areas
for the use of the Owners of lots in SHADOWHILL AREA, FLINT RIDGE NO. 3, BLOCK
22, their guests and invitees, for walking and passive recreational activities
with no improvements to be constructed thereon without the approval of
Developer. The Flint Ridge Property Owners Association shall have jurisdiction
over these Green Belt Areas.
Tracts “A”,”B”, “C” and
“D” are hereby designated as “Green
Belt Areas.” They shall be used as described
above.
That certain 30’ ACCESS
EASEMENT which encumbers Lots 1, 2, 3, 4 and 5; that certain 40’ ACCESS EASEMENT
which encumbers Lots
11, 12, 13, 14, 15, 16,
17, 18 and 19; that certain 30’ ACCESS EASEMENT which encumbers Lots 23, 24, 25
and 26; that certain 40’ ACCESS EASEMENT which encumbers Lots 40, 41, 42, 43,
44, 45 and 46; that certain 25’ ACCESS EASEMENT which encumbers Lots 104
and
105; that certain 40’
ACCESS EASEMENT which encumbers Lots 109, 110, 111, 112, 113, 114 and 115; that
certain 40’ ACCESS EASEMENT which encumbers Lots 212, 213, 214, 215, 216, 217,
218, 219, 220, and 221 (all Lots described above being hereinafter collectively
referred to as the “Encumbered Lots”), all of such ACCESS EASEMENTS indicated on
the recorded plat for SHADOWHILL AREA shall only be for the use of the owners of
the Encumbered Lots whose 1ot the particular ACCESS EASEMENT
encumbers.
These various ACCESS
EASEMENTS may be used only for access by foot to the other lots encumbered by
such ACCESS EASEMENT. No vehicular access or traffic will be permitted over
these easements such as cars, motorcycles, trucks, minibikes or other motorized
vehicles. No improvements or structures shall be built or located upon these
ACCESS EASEMENTS referred to above.
Notwithstanding anything
contained in the DEEDS OF
DEDICATION AND
PROTECTIVE COVENANTS FOR FLINT RIDGE NO. 1 -AMENDED, FLINT RIDGE NO. 2, FLINT
RIDGE NO. 3 and FLINT RIDGE NO.
4, to the contrary
Developer shall have the right to amend this Deed of Dedication and Protective
Covenants for SHADOWHILL AREA so long as Developer owns all 249 of the platted
lots in SHADOWHILL AREA, by filing with the Adair County Clerk’s Office an
amendment to this Deed of Dedication and Protective Covenants for SHADOWHILL
AREA.
Any reference made in
the DEEDS OF DEDICATION AND PROTECTIVE COVENANTS FOR FLINT RIDGE NO. 1 -
AMENDED, FLINT RIDGE NO. 2,
-5-
FLINT RIDGE NO. 3 and FLINT RIDGE NO. 4 to
either or all of Flint
Ridge No. 1 - Amended and/or Flint Ridge No.
2 and/or Flint Ridge
No. 3 and/or Flint Ridge No. 4 shall also
include, refer to and
be applicable to the property located in
SHADOWHILL AREA, FLINT
RIDGE NO. 3, BLOCK 22.
IN WITNESS WHEREOF, the Developer has caused
this DEED OF DEDICATION AND PROTECTIVE COVENANTS for SHADOWHILL AREA, FLINT
RIDGE No. 3, BLOCK 22, to be executed by its duly authorized officers and the
corporate seal to be affixed hereunto this 29th
day of December, 1983.
FLINT RIDGE DEVELOPMENT COMPANY, an
Oklahoma
General Partnership
By:~ ~By:
By
Assistant Secretary Vice
President
STATE OF OKLAHOMA )
)ss.
COUNTY OF TULSA
)
The following instrument was acknowledge
before me this
29th day of December, 1983,
by Robert R Richards
Vice President of FRATES
DEVELOPMENT COMPANY, as Managing General
Partner of FLINT RIDGE DEVELOPMENT COMPANY, an Oklahoma General Partnership, on
behalf of the partnership.
Kathleen Ann Malloy
Notary
Public
FiLED
ADAIR COUNTY STILL WELL, 0KM
“~‘~ JO 1983
~
,••‘•‘ :
IOMMIE RUflj STRAUS” ‘~
• I
o. ~y Clerk I
