DEED OF DEDICATION AND
PROTECTIVE COVENANTS
FOR
FLINT RIDGE R. V. PARK NO. 2, A
SUBDIVISION
IN DELAWARE COUNTY, OKLAHOMA
WHEREAS, Flint Ridge R. V. Development
Company, an Oklahoma general partnership, is the owner (hereinafter “Owner”) of
the following described real estate situated in Delaware County, Oklahoma,
to—wit:
This is a description of a tract of land
lying in
Section 25 and Section 26, Township 20
North,
Range 24 East of the Indian Base and
Meridian,
situated in the County of Delaware, State
of
Oklahoma, more particularly described as
follows:
Beginning at the East Quarter Corner of said
Section 26, thence S 88°05’42” W along the South Line of the Northeast Quarter
for a distance of 1956.12 feet, thence N 21°44’16” E for a distance of 433.75
feet, thence N 27°41’21” E for a distance of 224.14, feet, thence along a curve
to the right having a radius of 500.00 feet for a distance of 258.70 feet,
thence N 57°20’Ol” E for a distance of 421.05 feet, thence along a curve to
the
right having a radius of 1200.00
feet for a distance of 87.00 feet, thence N 61°29’16” E for a distance of 685.66
feet to a point on the North Line of the South Half of the Northeast Quarter,
thence along said North Line S 89°42’26” E for a distance of 486.16 feet to a
point on the East line of Section 26, thence along said East Line S 00°01’34” W
for a distance of 660.63 feet, thence S 89°43’14” E for a distance of 40.00 feet
to the centerline of Flint Creek, thence S 09°09’02” E along said centerline for
a distance of 365.54 feet, thence S 26°17’29” E along said centerline for a
distance of 111.80 feet, thence S 00°16’25” W along said centerline for a
distance of 200.00 feet, thence N 89°43’58” W for a distance of 147.00 feet to
the East Quarter Corner of said Section 26 and the Point of Beginning. Said
Parcel contains 46.40 acres.
WHEREAS, Owner hereby certifies that it has
caused the above described real estate to be surveyed, platted and subdivided
into areas, lots and streets as shown on the plat prepared by JACK L. HOLT,
which is hereby adopted as the official plat of the above described real estate
and the subdivision shall be hereafter known and named “FLINT RIDGE R. V. PARK
NO. 2”, subdivided into the following areas and lots,
to—wit:
FLINT RIDGE R. V. PARK NO. 2: Lots 1 through 373, inclusive
and Tract “A”,
“B”, “C” and “D”.
WHEREAS,
Flint Ridge Development Company, an Oklahoma general partnership, is the owner
and developer (hereafter “Developer”) of the following described real estate
located within the Flint Ridge Subdivision, located in both Adair and Delaware
Counties, to—wit:
BEAR
LAKE AREA:
Block 1, Lots 1 through 135 inclusive
and areas designated A, B and C and
BEAR LAKE
FOX
CREEK AREA:
Block 2, Lots 1 through 150 inclusive
HIDDEN
VALLEY AREA:
Block 3, Lots 1 through 133 inclusive
nd areas designated A, B, C and D
DEER
CREEK AREA:
Block 4, Lots 1 through 136 inclusive
and area designated A
HIGHLAND
AREA:
Block 6, Lots 1 through 88, inclusive
and
areas designated A and CLEAR CREEK RESERVOIR
BIRD
CREEK AREA:
Block 7, Lots 1 through 78, 88 through 97, inclusive and Water Plant site
CLEAR CREEK PARK
BIRD
CREEK AREA:
A portion of Block 7, Lots 80
through
87 and 97 through 126,
inclusive
CLEAR
CREEK AREA:
Block 8, Lots 1 through 128 inclusive
PINE
RIDGE AREA:
Block 9, Lots 1 through 125 inclusive, and areas designated A and
SYCAMORE PARK
STONE
RIDGE AREA:
Block 10 Amended, Lots 1 through 121 inclusive
FOX
RIDGE AREA:
Block 11 Amended, Lots 1 through 86 inclusive
BIRD
VALLEY AREA:
Block 12 Amended, Lots 1 through 69 inclusive
WILDHORSE
CREEK AREA:
Block 13, Lots 1 through 193 inclusive
BIRCHBARK
AREA:
Block 14, Lots 1 through 183 inclusive
INDIAN
RIDGE AREA:
Block
15, Lots 1 through 117 inclusive
WALNUT
HILL AREA:
Block 16,
Lots 1 through 235 inclusive
SAWMILL
HOLLOW AREA:
Block 18, Lots 1 through 69 inclusive
WILLOW
CREEK AREA:
Block 19, Lots 1 through 191 inclusive
WHEREAS,
Owner is the owner of the following described property in addition to FLINT
RIDGE R. V. PARK NO. 2:
FLINT
RIDGE R. V. PARK:
Lots 1 through 109, inclusive and
Tract “A”.
WHEREAS,
Developer and Owner desire to bring the property referred to above as “FLINT
RIDGE R. V. PARK NO. 2”, within the purview of the General Plan of Development
for the Flint Ridge Subdivision; and
WHEREAS,
Owner desires that its property be subject to and become a part of Developer’s
General Plan of Development for the Flint Ridge Subdivision;
and
WHEREAS,
Owner hereby submits said real estate to all of the following protective
covenants pursuant to a plan of development for the use and benefit of all
present and future owners thereof as provided therein and as hereafter
amended.
NOW,
THEREFORE, Developer and Owner hereby publish and declare that FLINT RIDGE R. V.
PARK NO. 2, a Subdivision in Delaware County, Oklahoma, is held and shall be
held, conveyed, hypothecated, encumbered, leased, rented, 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 Property,
and where applicable shall be deemed “covenants running with the land” until
January 1, 1994, and shall be a burden and a benefit of the Owner, and its
successors and assigns, and any person, firm, 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 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; or (2) by a written agreement signed and acknowledged by all
members of the Architectural Control Committee (the “ACC”) and by 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 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 Office of the County Clerk of Delaware County, Oklahoma; or (3) as provided
in the protective covenants.
PROTECTIVE
COVENANTS
1. Lots 1 through 373, FLINT RIDGE R.
V. PARK NO. 2, a Subdivision in Delaware County, State of Oklahoma (the “R. V.
Lots”) shall be used for Recreational Vehicle purposes only. No mobile homes or
manufactured homes shall be placed on any R. V. Lot. The term “Recreational
Vehicle” shall include: Manufactured motor homes, pick—up campers and trailers
up to a maximum of forty (40) feet in length.
2. There shall be no homemade,
converted buses, unsightly homemade or altered camping rigs or similar types of
vehicles permitted on any R. V. Lot. No tents or tent camping shall be allowed
on any R. V. Lot. There shall be no more than one (1) recreational vehicle
permitted on any lot at anytime. The ACC shall interpret this
paragraph.
3. No building or structure shall be
erected, altered, placed or permitted to remain on any R. V. Lot except as
authorized by the
ACC.
4. All plans for construction on any
R. V. Lot (other than those structures built by Developer) must be approved by
the ACC prior to the commencement of any construction. The ACC shall be composed
of three (3) members of the Association to be selected and chosen by the
Association. The ACC shall have a period of thirty (30) days after the plans are
submitted by the Owner to approve, reject or modify the same. If the ACC fails
to act upon said plans within the thirty (30) day period, the plans shall be
deemed approved without further act of the ACC. If the ACC rejects or requires
any amendment of said plans, the owner or other person(s) submitting the plans
shall be obligated to satisfy the ACC’s objections before any construction is
begun. The ACC may withhold its approval of any plans if in the ACC’s sole
opinion the proposed improvements are not esthetically compatible with the
surrounding terrain. After approval has been obtained, no substantial change in
the plans shall be made without obtaining the approval of the ACC. Any physical
alteration to the Property must be reviewed and approved by the
ACC.
5. No structure, including
Recreational Vehicles, shall be located on any lot nearer than the front
building setback lines as shown on the Plat of Flint Ridge R. V. Park, and not
nearer than ten (10) feet to any side lot lines. No structure shall be built
nearer than ten (10) feet to the rear property line. The ACC is hereby granted
the authority and the right to vary or waive this paragraph by giving its
written approval thereto, which must be signed by at least two (2) members
thereof, acknowledged and filed of record in the County Clerk’s Office of
Delaware County, Oklahoma.
6.
No Recreational Vehicle shall be permanently affixed to
any
R. V. Lot.
7. Any construction on any R. V. Lot
which has been approved by the ACC must be completed within one hundred eighty
(180) days thereafter, except the ACC shall have the right to extend such
construction period. The beginning of construction shall be the date any
building materials are delivered upon the R. V. lot.
8. No commercial or industrial
enterprise, business or activity shall be conducted on any R. V. Lot or in any
Recreational Vehicle located on any R. V. Lot.
9. No shack, tent or previously
constructed building shall be moved upon or permitted to remain upon any R. V.
Lot.
10. No outdoor lavatory or toilet facilities
shall be built or permitted on any R. V. Lot.
11. No excavations for the mining of stone,
gravel, earth, minerals, petroleum or petroleum products shall be made or
conducted upon any R. V. Lot.
12. Each lot and area shall be kept and
maintained by the owner(s) thereof free of any accumulation of trash, garbage
and debris of any kind whatsoever. Removal of the foregoing shall be the
responsibility of each lot owner(s) and no lot owner(s), his agents or employees
shall burn or dispose of trash, debris and garbage except in areas designated by
the ACC.
13. No R. V. Lot shall be used for storage or
warehousing purposes except for building materials which are to be used in the
construction of any improvements to be built upon such lot which proposed
improvements have been approved by the ACC.
14. No wild animals, livestock or poultry of
any kind shall be raised, kept or bred except that dogs, cats or other domestic
pets may be kept; provided they are not permitted to run free and are not kept,
bred or maintained for commercial purposes. All dogs must, at all times, be kept
on leashes. No dogs shall be allowed to be kept out
overnight.
15. No lot may be subdivided without the
ACC’s prior written approval. Approval may be withheld for any reason
whatsoever.
16. No sign of any kind shall be displayed to
public view on any R. V. Lot unless first approved by the
ACC.
17. No noxious or offensive trade or activity
shall be carried on upon any lot, nor shall anything be or become an annoyance
or nuisance to the neighborhood.
18. Irrespective of anything contained herein
to the contrary notwithstanding, Owner shall be permitted until all of the R. V.
Lots have been sold to store building materials upon any one or more of the R.
V. Lots together with appropriate signs and other necessary advertising
materials as Owner deems necessary; provided however, that after the sale of all
of the R. V. Lots for the first time, Owner shall remove all such building
materials, signs and other advertising materials erected or placed upon any such
R. V. Lot.
19. No fence, wall or hedge shall be
permitted upon any R. V. Lot beyond the front building setback lines, and the
utility easements as shown on the Plat. No trees or other shrubbery planting
shall be permitted on any corner lot which obstructs the view of vehicular
traffic approaching the intersection from a distance of 75 feet from the
intersection. No barbed wire, hog wire, chain link or similar type of fencing
will be permitted to fence in the boundaries of any R. V. Lot. The ACC shall
establish the type of fencing that may be permitted to be built upon any R. V.
Lot, and no other type of fencing will be permitted. The type of building
materials to be used in the construction of any permanent structures shall be of
natural stone, rock or of some other material approved by the
ACC.
20. Initially, the ACC shall consist of James
E. Robertson, Stephen W. Mills and Mark R. Reents. The ACC’s initial post office
address shall be p. 0. Box 5, Kansas, Oklahoma 74347. The ACC may designate one
of its members to act on behalf of the ACC and sign necessary documents. In the
event of the death or the resignation of any member of the ACC, the directors of
the Association shall have full authority to designate a successor. No member of
the ACC, or its designated representative, shall be entitled to compensation for
services performed pursuant to the provisions hereof. At any time the
Association shall have the power to change the membership of
the
ACC.
21. No boat powered by a motor in excess of 5
h.p. or a motor in excess of 5 h.p. shall be permitted or allowed on Bear Lake
or Clear Lake Reservoir. No bathing or water skiing shall be permitted in Clear
Lake Reservoir. As Clear Creek Reservoir shall be used as a storage reservoir
for water to be used for human consumption, no use thereof shall be permitted
which is detrimental to such use. The Association shall be entitled to enforce
the provisions hereof which shall include without limitation impositions of
fines for violation(s), obtaining injunctions and restraining orders and
enclosing such reservoir with a fence if necessary to preserve and protect such
use.
22. No building(s) or other permanent type of
improvements may be erected upon or placed within the electric transmission line
easements as shown on the Plat of the Property. The utility easements and
roadways as shown on the Plat of Flint Ridge R. V. Park are hereby dedicated for
use in the installation, repairing, maintaining, replacing and operating
utility services including but not limited to water, electricity, telephone,
telegraph, sewer (sanitary and storm) and gas to serve all lots and areas in
Flint Ridge R. V. Park.
23. No tree or shrubs shall be cut down or
removed from any lot in Flint Ridge R. V. Park, except upon receipt of ACC
approval. Any person violating this condition shall be subject to a fine to be
established and paid to the Association.
24. No motor driven vehicle or apparatus
shall be permitted on the bridle trails shown on the Plat of Flint Ridge No.
1—Amended as the same shall be reserved exclusively for horseback riding,
bicycling and foot walking.
25. No obnoxious activities, nuisance or use
shall be made of any of the common properties owned by the Association, by any
owner, his guests or invitees, which are not in conformity with the intended use
thereof and the rules and regulations promulgated by the
Association.
26. In addition to the easements as shown on
the Plat of the Property, Owner does hereby dedicate for the use by any public
utility company providing or furnishing electricity or telephone service, or
both, as the case may be, a perpetual right and easement(s) to locate upon any
R. V. Lot or area within the Property, anchors and guy wires for telephone or
electric transmission poles which may be built within the roadways and other
easements and common areas as shown on this Plat, together with the right of
ingress and egress thereto for the purpose of constructing, repairing,
maintaining and replacing the same.
27. No individual water wells or individual
water systems shall be permitted to be drilled or maintained upon any R. V.
Lot.
28. No individual septic tank or individual
sewage system shall be installed upon any R. V. Lot. The only means of sewage
disposal shall be by the Central Sewage System serving each R. V.
Lot.
29. Quiet hours will be recognized from 11:00
p.m. to 7:00 a.m. During such time there shall be no loud playing of any t.v.’s,
radios or stereos nor shall there be any conduct during such hours which is
disruptive to other R. V. Lot owners.
30. Each R. V. Lot owner shall be assessed a
monthly utility service fee in addition to the owner’s monthly property owner’s
dues. The Association shall have the right to adjust such utility service fees
and property owner’s dues from time to time in order to meet any increase in
expense.
COMMON
PROPERTIES AND USE THEREOF
WHEREAS,
Owner and Developer desire to create a residential community for the owners of
the Property and other property owned by Owner and Developer which adjoins the
Property and build certain recreational amenities, roadways, parks, water
facilities and create other common areas for camping, picnicking, canoeing and
related facilities for the benefit of said community; and
WHEREAS,
Owner and Developer desire to provide for the preservation of the values and
amenities in said community and for the maintenance of said recreational
amenities, roadways, parks, water facilities and other common areas and
facilities; and, to this end, desires to subject the Property, together with
such additions thereto as may hereafter be made (as provided in Article II,
Section 2) to the covenants, restrictions, easements, charges and liens,
hereinafter set forth, each and all of which is and are for the benefit of said
properties and each owner thereof; and
WHEREAS,
Owner and Developer deem it desirable and necessary, for the efficient
preservation of the values and amenities in this community, to create an agency
to which should be delegated and assigned the powers and duties of maintaining
and administering the Common Properties and facilities (hereafter described) and
administering and enforcing the covenants and restrictions and collecting and
disbursing the assessments and charges hereinafter created;
and
WHEREAS,
Owner and Developer have incorporated under the laws of the State of Oklahoma, a
non—profit stock corporation known as the FLINT RIDGE PROPERTY OWNERS
ASSOCIATION, INC., for the purpose of exercising the functions
aforesaid;
NOW,
THEREFORE, the Owner and Developer hereby declare that the Property and such
additions thereto as may hereafter be made pursuant to Article II, Section 2,
hereof, is and shall be held, transferred, sold, conveyed and occupied subject
to the covenants, restrictions, easements, charges and liens (“covenants and
restrictions”) hereinafter set forth.
ARTICLE
I
Definitions
Section
1. The following words, when used herein (unless the context shall be
prohibited) shall have the following meanings:
(a)
“Association” shall mean and refer to Flint Ridge Property Owners Association,
Inc.
(b)
“The Properties” shall mean and refer to the R. V. Lots and areas within the
Property and any additions thereto, as are subject to this Deed of Dedication
and any Supplemental Deed(s) of Dedication pursuant to the provisions of Article
II hereof.
(c)
“Common Properties” shall mean and refer to the following areas of land and
easements shown on the plat of Flint Ridge No. 1 —Amended, Flint Ridge No. 2,
Flint Ridge No. 3, Flint Ridge No. 4, Flint Ridge R. V. Park and Flint Ridge R.
V. Park No. 2 and any amendments thereto:
(i) All roadways as shown on the respective plats
of and all existing roadways located in Delaware and Adair Counties, Oklahoma,
connecting to roadways within any platted property; provided however, the Owner
or Developer, as the case may be, reserves the right to change or relocate. the
roadways not platted of record in either Delaware or Adair County,
Oklahoma;
(ii) Bear Lake (26.9) located in Bear Lake area and
that part of Bear Lake located in Adair County, Oklahoma;
(iii) All
bridle trails and utility(ies) easements located on the Property and extensions
thereof in Adair and Delaware Counties, Oklahoma; provided however, the
Developer reserves the right to change, relocate or extinguish those which are
located in either Delaware or Adair County, Oklahoma which are not platted of
record;
(iv)Clear
Creek Reservoir (18.7 acres) located in Highland Area;
(v) Water plant site (7.7 acres) and Clear Creek
Park (13.3 acres) located in Bird Creek Area;
(vi)A
complete private water treatment plant and water distribution system within the
Property and any extensions thereof into either Delaware or Adair County,
Oklahoma and other adjoining property owned by the
Developer;
(vii)Sycamore
Park (101.1 acres) located in Pine Ridge Area;
(viii) Two security stations: One located at the
entrance of the Property to Oklahoma State Highway 33, and another at the
entrance of the Property to Oklahoma State Highway 10;
(ix)Pine
Ridge Lodge located in Block 9, Pine Ridge Area;
(x) Equestrian Center located in Adair County;
(xi) Pioneer Center located in Adair
County;
(xii)Deer
Lake Recreation Center located in Adair County (presently the Sales
Office);
(xiii) Recreation and Social Center (located in R. V.
Park);
(xiv) Teen Center (located in R. V.
Park);
(xv) Beach and Swimming Area
(located in R. V. Park);
(xvi)
Sports Court (located in R. V. Park);
(xvii)
Picnic Area (located in R. V. Park);
(xviii)
Children’s Play Area (located in R. V. Park);
(xix)
Electric Security Gate (located in R. V. Park);
(xx) Comfort Station (located in R. V.
Park);
(xxi)
Picnic Pavilion (located in R. V. Park No. 2);
(xxii)
Electric Security Gate (located in R. V. Park No. 2);
(xxiii)
Children’s Play Area (located in R. V. Park No. 2); and
(xxiv)
Comfort Station (located in R. V. Park No. 2).
together
with all structures and facilities constructed thereon and intended to be
devoted to the common use and enjoyment of the owners of the
Properties.
(d) “Property Owner” shall mean and refer to
the record owner(s) (whether one or more persons or entities) of the title to
any R. V. Lot in the Properties but shall not mean or refer to any person or
entity who holds a mortgage, financing statement, lien or other security
interest merely as a security for the performance of an obligation (by law or by
contract) unless and until such person has acquired the entire title and
ownership of such R. V. Lot pursuant to foreclosure or any proceeding in lieu of
foreclosure.
(e) “Member” shall mean and refer to all
those owners who are members of the Association as provided in Article III,
Section 1, hereof.
(f) “Private Roadways” shall mean and refer
to all means of access to, from and over the Property which are not dedicated
for use to the general public. The fact that a private roadway or a private road
within the Property shall be known by a name and designated as a street, road,
avenue, place, drive, circle or other similarly used words (imputing the name of
a street or road) shall not cause such private roads or roadways to be public
roads or streets.
(g) “Bridle or Equestrian Trails” shall mean
and refer to those areas designated on any Subdivision plat which are to be used
primarily for horseback riding and pedestrian foot
traffic.
(h) “Utility Easements” shall mean and refer
to those areas of land designated on any recorded subdivision plat(s) and of the
Property intended to be used for the installation, maintenance, repair and
replacement for all services providing water, sewer, electricity, gas and
telephone services to the Property and the lots therein as provided for in the
plat of the Property or any additions thereto.
(i) “Lots” shall be the land located within
the property line boundaries as may have been numbered or lettered on the
recorded plat of the Property and as the same may be amended from time to time
but shall not include any of the Common Properties as defined in Article
1(c).
() “R. V. Lot(s)” shall mean and refer
to those 373 lots as so designated on Page 1 of this Deed of Dedication and
Protective Covenants.
ARTICLE
II
Property
Subject to this Deed of Dedication
and
Additions Thereto
Section
1. Existing Property. The real property which is, and shall be held,
transferred, sold, conveyed and occupied subject to this Deed of Dedication is
as shown on the recorded plat for Flint Ridge R. V. Park No. 2 (the “R.V.
Lots”), all of which real property shall hereinafter be referred to as “Existing
Property”.
Section
2. Additions to Existing Property. Additional lands may become subject to
this Deed of Dedication in the following manner:
(a) Additions in Accordance with a General
Plan of Development. The Owner, its successors and assigns, shall have the
right to bring within the purview of the Association and the Common Properties
thereon additional members and properties owned by the Owner in one or more
phases of the development (a portion of which is located in Adair County,
Oklahoma) in accordance with a General Plan of
Development.
The
General Plan of Development for the proposed additions to the Existing Property
shall contain: (1) a general indication of size and location of additional
development stages and proposed land uses in each; (2) the approximate size and
location of Common Properties proposed for each stage; (3) the general nature of
proposed common facilities and improvements; (4) a statement that the owners of
residential lots within the proposed additions, if made, will become subject to
assessment for their just share of Association expenses; and (5) a schedule for
termination of the Owner’s right’ under the provisions of this subsection to
bring subsequent land development(s) within the provisions
hereof.
The
additions authorized under this and the succeeding subsection, shall be
made by filing of record a Plat and Deed of Dedication and Protective Covenants
with respect to the additional property which shall either incorporate’ the
provisions of this Deed of Dedication as a part thereof, or prepare and file a
separate Deed of Dedication with Protective Covenants, whichever the Owner may
elect.
Such
Supplementary or Additional Deed(s) of Dedication, as the case may be, may
contain such complementary addition’s and modifications of the Protective
Covenants and Restrictions contained in this deed of Dedication as may be
necessary to reflect the different character, if any, of the added properties as
are not applicable or which may be inconsistent with the provisions hereof. In
no event, however, shall such Supplementary or Additional Deed(s) of Dedication
revoke, modify or add to the covenants established by this Deed of Dedication or
revoke, modify or add to the covenants established by this Deed of Dedication
within the Existing Property.
In
the event of such additions, the Property Owners shall not be liable for capital
expenditures for structures built or equipment furnished by the Owner on such
additional Property(ies).
(b) Other Additions. Upon approval in
writing of the Association, the Owner, or its successors and assigns, who desire
to add other property (not included in the General Plan of Development) to the
provisions of this Deed of Dedication and to subject it to the jurisdiction of
the Association, may file or record a plat together with a Deed of Dedication
and Protective Covenants which shall extend the provisions of the Protective
Covenants of this Deed of Dedication to such property. Such Plat, Deed of
Dedication and Protective Covenants may contain such complementary additions and
modifications of the covenants and restrictions contained in this Deed of
Dedication as may be necessary to reflect the different character, if any, of
the added properties and as are not inconsistent with the scheme of this Deed of
Dedication. In no event, however, shall such Plat and Deed of Dedication revoke,
modify or add to the covenants established by this Deed of Dedication within the
Existing Property.
ARTICLE
III
Membership
and Voting Rights in the Association
Section
1. Membership. Every Property Owner shall be a member of the Association.
Membership in the Association shall be appurtenant to the deed and title to each
R. V. Lot and one may not be separated or transferred without the other. Each R.
V. Lot Owner(s) shall become a member of the Association by the acceptance of a
deed to such lot (whether or not such deed expressly so
provides).
Section
2. Voting Rights. The members of the Association shall not be entitled to
vote until the first annual meeting which shah be held within thirty (30) days
after the initial sale of ninety percent (90%) of the residential lots within
Flint Ridge No. 1—Amended, Flint Ridge No. 2, Flint Ridge No. 3, Flint Ridge No.
4, Flint Ridge R. V. Park and Flint Ridge R. V. Park No. 2 and any additions
thereto made by the Owner and/or Developer, as the case may be, pursuant to
Article II hereof, or within thirty (30) days after January 1, 1983,or at the
option of the Owner and Developer, whichever shall first occur on the call of
the President of the Association.
Voting
members shall thereafter be all those Owners as defined in Section 1. Except as
hereinafter provided in this Section, a member shall be entitled to one vote at
all Association meetings for each R. V. Lot to which he holds record title. When
more than one person holds record title to any R. V. Lot, all such persons shall
be members, and the vote appertaining to an R. V. Lot shall be exercised as said
record owners themselves determine, but in no event shall more than one vote be
cast with respect to each R. V. Lot. If more than one person owns an R.V. Lot
and they cannot agree amongst themselves as to voting, then such vote(s) shall
not be counted.
ARTICLE
IV
Property
Rights in the Common Properties
Section
1. Members Easements of Enjoyment. Subject to the provisions of Article
IV, Section 3, every Member and his guests shall have a non—exclusive but
irrevocable right and easement of enjoyment and use in and to the Common
Properties for as long as he is an owner of an R. V. Lot and such, easement
shall be appurtenant to and shall pass with the title to every R. V. Lot. Such
rights and easements, without limitation, shall include the’ right, to the
non—exclusive use. thereof by Members (in common with other Members and their
guests and invitees), subject, however, to the reasonable use restrictions as
may be imposed by the Association for the use of the Common Properties, and the
obligation to pay the common assessments as provided in Article
IV.
Section
2. Title to Common Properties. The Owner and Developer may retain the
legal title to the Common Properties until such time as the improvements have
been completed thereon and until such time as, in the opinion of both the Owner
and Developer, the Association is able to maintain the same but, notwithstanding
any provisions herein, the Owner hereby covenants, for itself, its heirs and successors and assigns,
that it shall complete the improvements upon the Common Properties located in
Flint Ridge R. V. No. 2 and convey such Common Property to the Association not
later than January 1, 1987. Until the transfer of title to the Common Properties
(located in Flint Ridge R. V. No. 2) to the Association, Owner shall perform all
of the obligations, covenants and agreements, and abide by the restrictions
contained herein with respect to such Common Properties, except for such
construction and marketing activities as are consistent with development
thereof.
Section
3. Extent of Members’ Easements. The rights and easements of
enjoyment and use created hereby shall be subject to the
following:
(a)
The
right of the Owner to borrow money for the purpose of improving the Common
Properties (located in Flint Ridge R. V. No. 2) and in aid thereof to mortgage
the same. Any mortgage or other indebtedness or lien which is placed on the
Common Properties located in Flint Ridge R. V. No. 2 by the Owner shall be
removed or satisfied by the Owner before it conveys and transfers the said
Common Properties to the Association; and
(b) The right of the association to take such
steps as are reasonably necessary to protect the said’ Common Properties from
foreclosure; and
(C) The right of the Owner and the
Association, as provided in its Articles and By—Laws, to suspend the enjoyment
rights of any Member for any period during which any assessment or utility
service fee remains unpaid, and for any period not to exceed thirty (30) days
for any infraction of its published rules and regulations;
and
(d) The right of the Association to charge
reasonable admission and other fees for the use of the said Common Properties in
Flint Ridge R. V. No. 2, pursuant to Article V, Section 2;
and
(e) the right of the Owner or the Association
to dedicate or transfer (excluding easements, which may be granted without the
notice to Members as hereinafter provided) all or any part, of the Common
Properties in Flint Ridge R. V. No. 2 as to any public agency, authority or
utility for such municipal, governmental and/or non—commercial purposes and
subject to such conditions as may be agreed to by the Developer or by the
Members, provided that no such dedication or transfer by the Association (other
than those dedications contained in the Deed of Dedication to Flint Ridge No.
1—Amended, Flint Ridge No. 2, Flint Ridge No. 3, Flint Ridge No. 4, Flint Ridge
R. V. Park and Flint Ridge R. V. Park No. 2) shall be effective unless written
notice of the proposed agreement and action thereunder is sent to every Member
at lease ninety (90) days in advance of any action taken and unless an
instrument signed by the President and the Secretary of the Association with a
certified copy of a resolution attached showing that such resolution was adopted
by a two—thirds (2/3) majority of the Members entitled to vote and is duly
recorded in the Office of the County Clerk of Delaware County, Oklahoma,
agreeing to such dedication or transfer; and
(f) Such other easements, agreements and
outstanding mineral interests as may exist on the Existing Properties at the
time of execution of this Deed of Dedication.
ARTICLE
V
Covenants for Maintenance Assessments
Section
1. Creation of the Lien and Personal Obligation of Assessments. The Owner
as the present owner of the Properties hereby covenants, and each subsequent
Property Owner of any R. V. Lot by acceptance of a deed or contract therefor
(whether or not it shall be so expressed in any such deed, contract or other
conveyance) is deemed to covenant and agree to pay to the Association: (1)
monthly assessments or charges as provided herein; (2) a monthly utility service
fee which may be adjusted from time to time by the Association and (3) special
assessments for capital improvements, such as assessments to be fixed,
established and collected from tin to time as hereinafter provided. The monthly
assessments, month] utility service fee and special assessments (hereafter
collectively “assessments”), together with such interest thereon and costs of collection thereof as hereinafter
provided, shall be a continuing lien thereon against which each such assessment
or utility service fee is made until paid. Each such assessment and utility
service fee, together with such interest thereon and costs of collection thereof
as hereinafter provided, shall also be the personal obligation of the person
who, was the Property Owner of such R. V. Lot at the time when the assessment or
utility service fee fell due, and the Association shall have a lien against such
Property Owner’s R. V. Lot(s) for the entire amount due, which lien shall be
effective as of the due
date.
Section
2. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively for the purpose of promoting the recreation, health,
safety and welfare of the resident in not only Flint Ridge R. V. Park and Flint
Ridge R. V. No. 2 but in the entire Flint Ridge subdivision (No. 1 — Amended,
No. 2, No. 3 an No. 4 and any addition thereto) and in particular, payment for
the improvement, maintenance and operation of all the Common Properties
including but not limited to, the payment of taxes and insurance on all the Common Properties and repair,
replacement and addition thereto, and for the cost of labor, equipment,
materials, management and supervision thereof, and for the treatment,
purification an distribution of water to the Common Properties in Flint Ridge
No. 1 Amended, No. 2, No. 3 and No. 4. The Utility services fee shall be used
exclusively for the purpose of paying the cost of utility service to be provided
to the R. V. Lots including, but not limited to, water and electricity. Nothing
herein shall limit the charging of special fees for the use of Common Properties
for limited purposes, over and above the assessments or utility service fee
charged hereunder. No assessments or utility service fees hereunder shall be
used for capital improvements of expenditures (except replacement of
improvements built by the Developer and transferred to the Association as
provided in Section 2 hereof) unless approved by vote of two—third (2/3) of the
membership pursuant to Article V Section 5. Nothing hereunder shall permit the
Owner to assess the Members for capital improvements to be constructed by it
upon the Common Properties pursuant to the General Plan of
Development.
Section
3. Determination of Annual Assessment. The Board of Directors of the Association, after
consideration of current cost and future needs, shall establish an annual budget
and shall calculate annual assessments including a monthly utility service fee
against each R. V. Lot and area in the Property in proportion to each other’s
interest in the Common Properties of the Association. This method of assessment
shall also apply to any additional land brought within this Deed of Dedication
by Supplemental Deed of Dedication, if applicable. The total assessment shall
equal the proposed budget The levy and assessment shall be in accordance with
Article V Section 4.
Section
4. Fiscal Year and Due Dates for Assessments. Thefiscal year of the
Association shall run from January 1 to December 31. The annual assessments
against each Property Owner and his R. V. Lot and area provided for in Section 3
including the utility service fee shall be due and payable in accordance with
the terms of Owner’s Contract.
The
assessment and utility service fee shall be paid on or before the due date
established in the Contract signed by the Property Owner and shall be delinquent
if not paid within thirty (30) days from the due date.
Section
5. Special Assessments for Capital Improvements. In addition to the
assessments and utility service fee, authorized by Section 3 hereof, the Board
of Directors may levy in any assessment year a special assessment, for the
purpose of defraying, in whole or in part, the cost of any new construction or
additional capital improvement(s) upon the Common Properties, including the necessary fixtures and
personal property related thereto, provided that any such assessment shall have
the assent of two—thirds (2/3) of the votes of the membership who are voting in
person ,or by proxy at a meeting duly called for this purpose, written notice of
which shall be sent to all Members at least thirty (30) days in advance and
shall set forth the purpose of the meeting
The
due date of any special assessment under this Section shall be fixed in the
resolution authorizing such assessment.
Section
6. Quorum for any Action Authorized under Section 5. The quorum required
for any action authorized by Section 5 shall be as
follows:
At
the first meeting called, as provided in Section 6 hereof, the presence at the
meeting of Members or of proxies entitled to cast sixty percent (60%) of all the
votes of the membership shall constitute a quorum. If the required quorum is not
forthcoming at any meeting, another meeting may be called, subject to the notice
requirement set forth in Section 5, and the required quorum at any such
subsequent meeting shall be one—half (1/2) of the required quorum at the
preceding meeting, provided that no such subsequent meeting shall be held more
than sixty (60) days following the preceding meeting.
Section
7. Duties of the Board of Directors. The Board of Directors of the
Association shall at least thirty (30) days in advance of the beginning of a new
fiscal year prepare a roster of the Properties and the annual assessments and
utility service fees applicable thereto which shall be kept in the office of the
Association and shall be open to inspection by any Property Owner, and shall at
that time fix the amount of the annual assessment in accordance with this Deed
of Dedication against each R. V. Lot for the next fiscal
year.
Written
notice of the total annual assessment and utility service fees and the amount of
each monthly assessment and monthly utility fees shall thereupon be sent to
every Owner. This notice must be sufficient to inform each Property Owner of his
monthly assessment and monthly service fees and no further notices are necessary
for that fiscal year.
The
Association shall upon demand at any time furnish to any Property Owner, any
mortgagee, or prospective owner or mortgagee liable for said assessment and
utility service fee a certificate in writing signed by an officer of the
Association, setting forth whether said assessment and/or utility service fee
has been paid. Such certificate shall be conclusive evidence of payment of any
assessment and/or utility service fee therein stated to have been
paid.
Section
8. Effect of Non—Payment of Assessment; The Personal Obligation of the Owner;
The Lien; Remedies of Association. If an assessment or utility service fee
is not paid on the date when due (being the date specified in Section 4 hereof)
then such assessment and utility service fee shall become delinquent and shall,
together with such interest thereon and cost of collection thereof as
hereinafter provided, hereupon become a continuing lien on the property of such
delinquent owner which shall bind such property in the hands of the then owner,
his heirs, devisees, personal representatives and assigns, and shall also become
a, personal obligation of the owner and of the delinquency date. The personal
obligation of the then Property Owner to pay such assessment including a utility
service fee shall remain his personal obligation until such assessment and
utility service fee is paid.
If
the assessment and utility service fee is not paid within thirty (30) days after
the delinquency date, the assessment and utility service fee shall bear interest
from the date of the delinquency at a legal rate (established by the
Association) not to exceed ten percent (10%) per annum and the Association may
bring an action against the owner(s) personally obligated to pay the same and/or
to foreclose the lien against the R. V. lot(s), and there shall be added to the
amount of such assessment and utility service fee the costs of preparing and
filing the Petition or Complaint in such action, and in the event a judgment is
-obtained, such judgment shall include interest on the assessment and utility
service fee as provided and a reasonable attorney’s fee to be fixed by the court
together with the costs of the action.
Section
9. Subordination of the Lien to a First Mortgage; Other Mortgages
Forbidden. The lien of the assessments and utility service fee provided
herein shall be subordinate to the lien of any first mortgage now or hereafter
placed upon the Properties by the Owner to pay development costs of the Property
(which must be released when an owner pays for his lot). Property Owners shall
not be permitted to place any mortgage or other encumbrance upon the Properties
or any portion thereof other than a first mortgage except: Any mortgage and
other security interest given to Owner by any purchaser of any R. V. Lot(s). If
a Property Owner violates this Section 9, the lien for assessment(s) and utility
service fees shall be superior to any other such lien, mortgage or other
encumbrance. Sale or transfer of any lot pursuant to a decree of foreclosure or
any other proceeding or deed in lieu of foreclosure, shall relieve such lot(s)
from liability for any assessments and utility service fees previously levied
but shall not relieve such lots from liability for any assessments and utility
service fees assessed after such acquisition of title, nor from the lien of such
subsequent assessment or utility service fee.
Section
10. Exempt
Property. The
following property, subject
to
this Deed of Dedication, shall be exempted from the assessments, and utility
service fees charges and liens created herein:
(a)
All properties to the extent of any easement or other interest therein dedicated
and accepted by the local public authority and devoted to public
use;
(b)
All Common Properties as defined in Article I, Section 1;
and
(c)
All utility easements.
(d)
All lots not located in the R. V. Park shall be exempt from the utility service
fee.
Section
11. Water Connection Fees. The Owner hereby undertakes and agrees to
build or cause to be built a water distribution system to serve the R. V. lots
and to pay and install main water distribution lines throughout the Property and
pay all costs of construction thereof and complete the same by December 31,
1986. The main water distribution lines shall be laid within the roadway and
other easements as shown on the Plat of Flint Ridge R. V. Park No. 2. After such
water lines have been laid and water is available to a given R. V. lot(s) for
the Property Owner to connect thereto, the Association will charge such Property
Owner a monthly utility service fee to be paid to the Association so long, as
such Property Owner is the record title holder to his Lot.
The
Association shall establish reasonable rules and regulation(s) for water
usage, a reasonable utility service fee and the establishment of proceedings in
the event of non—payment by -any Property Owner(s) for water used, which shall
include without limitation cutting off the supply of water to such defaulting
owner(s).
After
the water treatment and distribution system and the main water line distribution
system has been conveyed and transferred to the Association, all future repairs,
replacement, maintenance and operation thereof shall be the responsibility of
the Association and any costs thereof shall be paid by the Association and
included in the maintenance assessments as provided in Article V, Section
3.
Section
12. Interim Monthly Assessments — Contract(s) Between Owner(s) and
Developer. It being recognized by the Owner that until a sufficient number
of lots have been sold in order that the Association would have sufficient
revenues to pay all costs of repair, maintenance, replacement, operation and
management of the Common Properties to be owned by the Association, the Owner
may contract with any prospective Property Owners for such Property Owner(s) to
pay an agreed upon maximum amount for their share of the monthly assessment and
utility service fee owing to the Association. In such event, the Owner shall
underwrite and pay any such excess cost to the Association over and above the
contracted amount.
ARTICLE
VII
Service
Contracts
Section
1. Service Contracts. In addition to maintenance upon the Common
Properties, the Association is authorized to enter into contracts to provide
management and/or maintenance services to either the Property Owners or the
Association, or both, in accordance with terms agreed upon by the Board of
Directors of the Association.
ARTICLE
VIII
General
Provisions
Section
1. Duration. The covenants and restrictions hereof shall run with and
bind the Property, and shall inure to the benefit of and be enforceable by the
Association and, where applicable, by the Owner of any land subject to this Deed
of Dedication, his respective legal representatives, heirs, successors and
assigns, until January 1, 1994, after which time said covenants and restrictions
shall be automatically extended for successive periods of ten (10) years unless
an instrument signed by the then Property Owners of three—fourths (3/4) of the
R. V. lots has been recorded, agreeing to a change of said covenants and
restrictions in whole or in part; provided, however, that no such agreement to
change shall be effective unless made and recorded one year in advance of the
effective date of such change, and unless written notice of the proposed
agreement is sent to every Property Owner at least ninety (90) days in advance
of any action taken.
Section
2. Notices. Any notice required to be sent to any Member or Property
Owner under the provisions of this Deed of Dedication shall be deemed to have
been properly sent when mailed, postage thereon fully prepaid, to the last,
known address of the person whose name appears as a Member or a Property Owner
on the records of the Association at the time of such
mailing.
Section
3. Enforcement. Enforcement of these covenants and restrictions shall be
by any proceeding at law or in equity against any person or persons violating or
to recover damages, and against the land to enforce any lien created by these
covenants; and failure by the Association or any Property Owner to enforce any
lien created by these covenants; and failure by the Association or any Property
Owner to enforce any covenant or restriction herein contained shall in no event
be deemed a waiver of the right to do so thereafter.
Section
4. Amendments. Anything to the contrary herein notwithstanding, the Owner
does hereby reserve exclusively unto itself the right to amend the Plat of Flint
Ridge R. V. Park No. 2 so
as to correct any errors which may presently exist on said Plat with respect to
lot dimensions which are shown thereon. The Owner irrevocably reserves the right
to amend said Plat to correct such lot dimensions by filing an amendment(s)
thereto and without the necessity of any other lot owner joining in such
amendment. No lot will be sold or transferred by the Owner until the front
corners have been staked and measured by the surveyor. Any and all lot owner(s)
of record at the time of any such amendment(s) by the acceptance and recording
of a deed to his lot shall be deemed, to (1) have given his written consent to
such amendment being filed by the Owner without the necessity of such Property
Owner affixing his signature to
such amendment, and (2) have appointed the Owner as his attorney—in—fact to
execute and file the aforesaid amendment(s) to said Plat in his place and stead.
Section
5. Severability. Invalidation of any one of these covenants or
restrictions by judgment or court order shall in no wise affect any other
provisions which shall remain in full force and effect.
IN
WITNESS WHEREOF, this instrument has been executed this 28 day of August,
1981.
20