CLOUDCREST
CERTIFICATE OF DEDICATION
GILCREASE HILLS TOWNHOMES
(As Amended, October 20, 1992)
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 Part of the NW/4 of the SW/4 of Section 27, Township 20 North, Range 12 East, of the I.B.M., Osage County, Oklahoma being more particularly described by notes and bounds, as follows, to-wit:
Commencing at the Northwest Corner of said NW/4 of the SW/4; thence South 89-12-01 East a distance of 390.01 feet to the point of beginning; thence continuing South 89-12-01 East a distance of 258.00 feet; thence South 44-41-12 East a distance of 288.00 feet; thence due South a distance of 131.97 feet; thence South 57-17-58 West a distance of 186.97 ft; thence South 15-59-02 East a distance of 215.00 feet thence South 55-37-21 West a distance of 64.80 feet; thence South 21-15-49 West a distance of 109.32 feet; thence South 67-31-33 West a distance of 90.00 feet; thence North 33-23-30 West a distance of 169.00 feet to a point of curvature to the right, said curve having a radius of 570.00 feet and a central angle of 33-33-05; thence around said curve a distance of 333.78 feet to a point of tangency; thence North 0-09-35 East a distance of 364.51 feet and containing 6.04 acres, more or less,
and has caused the same to be surveyed, staked, platted, and subdivided into lots and streets, and designated the same as Gilcrease Hills Townhomes, a subdivision in Osage County, Oklahoma (hereinafter sometimes called "The Subdivision").
EASEMENT GRANTS
The Grantor hereby reserves for subsequent conveyance to the Gilcrease Hills Townhomes Association (hereinafter called "the Association") all "private" streets which streets shall be subject to an easement of use and enjoyment by all parties owning lots in the Subdivision. 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 with the approval of the governmental authority having jurisdiction thereof.
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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 line 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 upon said easement and rights-of-way for the uses and purposes aforesaid, together with similar rights in each and all of the public streets shown on said plot, PROVIDED, HOWEVER, that the Grantor hereby reserves the right to construct, within the subdivision, any and all such utilities and systems, and to maintain, operate, 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 all of the public streets shown in said plat and over, across and along all strips of land included within the easements shown thereon, for the purpose of furnishing said utilities and systems to the subdivision.
RESTRICTIVE COVENANTS
For the purposes of providing an orderly development of the Subdivision and for the further purpose of providing adequate restrictive covenants for the mutual benefit of the Grantor and its successors in title (hereinafter called "Owner" or "Owners") to those parts of the Subdivision designated as the separate individually owned lots (Lots 1 through 30 inclusive) together with the Common Area (designated as Lot 31), Grantor does hereby impose the following restrictions, and create the following easements to which it shall be incumbent upon Owners to adhere, to-wit:
1. Land Use. All lots shall be developed and maintained solely for residential purposes, and such development shall be limited to residential townhouse dwellings.
Title to Lot 31, (hereinafter called the "Common Area"), has been conveyed by the Grantor to the Gilcrease Hills Townhomes Association (hereinafter called "the Association") and reserved for the benefit and the use and enjoyment of the Owner or Owners of the Subdivision. The Association shall not mortgage or otherwise encumber the said Lot 31. The Association shall be authorized to enter into such agreements with the Gilcrease Hills Homeowners Association (hereinafter called "GHHOA", which is also the successor to the Area Association referenced in other provisions) regarding easements and the construction of such items as recreational facilities not requiring the construction of buildings as will mutually benefit the Owners herein and the other members of
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GHHOA.
The Association shall be responsible for paying all costs related to the care, maintenance and up keep of Lot 31, except for any property taxes on Lot 31, which shall be paid by GHHOA.
The Subdivision was processed as a part of Planned Unit Development No. 167 consisting of 30 separate lots designed for individual ownership, together with Lot 31, designated as the Common area pursuant to Sections 910-970, 8 of title 42. Revised Ordinances of the City of Tulsa, as the same existed on December 18, 1974 and approved by the City Commission of the City of Tulsa, Oklahoma, on February 7, 1975. The total number of dwelling units in the Subdivision shall not exceed 30. The permitted density, required livability space, and required off street parking shall be regulated by Section 940.2, 940.3 and 960 of Title 42. Revised Ordinance of the City of Tulsa, Oklahoma, as the same existed on December 18, 1974.
In order that the public interest may be protected, the City of Tulsa shall be made a beneficiary of these covenants, and may enforce compliance therewith.
2. Construction Guidelines. All roofs shall be restricted to cedar shakes or cedar shingles or composition shingles, provided, however, certain now existing and future types of synthetic or natural roofing materials may be used upon the written consent of the Gilcrease Hills Homeowners Association Architectural Review Committee (hereinafter called "the ARC"). Composition shingles shall be restricted to a dark grey weathered wood color and shall not be less than a minimum weight of 240 pounds per square. Plain concrete block shall not be used as a principal exterior material. Colors, materials and finishes shall be coordinated on all exterior elevations of the building 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 on any lot or in the Common Area without the prior written approval of the ARC created pursuant to the provisions of Paragraph 18 hereof. The ARC shall exercise complete control of the types, location, materials, finishes, colors and heights of all fences.
Each fence which is placed on the dividing line between Lots shall constitute a party fence, and to the extent not inconsistent with the provisions hereof, the general rule of law regarding party fences and liability for property damage due to negligent or willful acts or omissions shall apply thereto. The cost of reasonable repair, maintenance or replacement of a party fence
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shall be shared by the Owners who make use of the fence, in proportion to such use.
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 Areas, except building or other materials to be used in connection with the work of construction, alteration, or improvement approved in accordance with there terms hereof.
5. Electrical and Telephonic Utilities, etc. Electrical and telephonic utilities and all community antenna television cables, including all supply lines (all of which are hereinafter called "cable facilities"), shall be located underground in the easements hereinbefore dedicated for such purpose. Street light poles or standard shall be served by underground cable. Underground cable facilities 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 cable facility to a particular dwelling the supplier of such 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 cable facility, extending from the service pedestal or transformer to the service entrance on said dwelling. Such suppliers shall at all times have right of access to all easements granted herein for the purpose of installing, maintaining, removing or replacing any portion of its facilities. Each Owner shall be responsible for the protection of the underground cable facilities located on his Lot and shall prevent the alteration of grade or any construction activity which may interfere with said cable facilities. Repairs or costs of relocation required by violations of this covenant shall be paid for by the Owner of such Lot. This covenant shall be enforceable by the supplier of such cable facilities and Owner of each Lot agrees to be bound hereby.
6. Antennas and Rooftop Appliances. No towers, antennas, aerials or other facilities for the reception or transmission of radio, or television broadcasts or other means of communication shall be erected 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 to be used in connection with any community antenna television system operating within the subdivision. 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.
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7. Party Walls. Each wall which is built as a part of the original construction of the homes within the Subdivision and placed on the dividing line between Lots shall constitute a party wall, and to the extent not inconsistent with the provisions hereof, the general rule of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. If a party wall should be destroyed or damaged by fire, or other casualty, any Owner who has used the wall may restore it, and if the other Owner thereafter makes use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the rights of such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Notwithstanding any other provision of this Paragraph 7, an Owner who have by his negligent or willful act cause the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to a contribution from any other Owner under this Paragraph 7 shall be appurtenant to the land and shall pass to such Owner's successors in title. In the event any dispute arises concerning a party wall, or under the provisions of this Paragraph 7, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all arbitrators so chosen. Such decisions shall be binding upon all parties to the dispute.
8. Landscaping Guidelines. Each Owner shall maintain the slopes on his Lot 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 Subdivision based on a total design concept, which will blend with and enhance the existing elements.
(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 elements.
(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 composition are recommended to achieve park-like design
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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.
9. Maintenance and Exterior Care of Dwelling Units. The Association shall perform all maintenance and repairs required with respect to all private streets shown on the plat, including any repairs necessitated by reason of damage to such private streets occasioned by the repair of water lines located thereunder. The Association shall perform all maintenance required with respect to the Common Area.
The Association shall paint, repair, or replace the exterior walls of the residence on each lot and shall be responsible for mowing the Common Area and the lawns inside and outside the fenced area of each lot.
Each owner shall perform all other maintenance, repair, or replacement needed on the lot, including, but not limited to, maintenance for the following: glass surfaces, down-spouts, roofs, fences (including the "party fence" as set forth in paragraph three (3) above), carports, patios, sidewalks, and any other exterior improvements on the lot.
In the event that the need for maintenance or repair is caused through the willful or negligent act of the Owner, his family, guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject. The Owner of each Lot shall keep all parts of 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.
Each Lot shall be subject to an easement for access to make or perform reasonable repairs and maintenance on adjoining Lots and structures thereon; provided, however, that:
(a) Any damage caused by such entry upon a Lot or upon any adjoining property shall be repaired at the expense of the Owner whose property was the object of the repair work which caused the same;
(b) Any such entry shall be made only at reasonable times 6

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.
In addition to any other remedies available at law or in equity, the Association may correct any breach of this restrictive covenant by an owner including any failure of maintenance, replacement or repair as set forth above, and assess the cost of such correction to the Owner as a part of the annual maintenance assessment provided for in paragraph 16 hereof. Once assessed, such costs shall be a part of such maintenance assessment and shall be collectible in the same manner and subject to the same remedies as such assessment.
10. Automobiles, Boats and Trailers. Except as expressly hereinafter provided, no Lot, including Lot 31, 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 either storage or the performance of any activity thereon, such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting, or servicing of any kind, except the foregoing restrictions shall not be deemed to prevent the washing or polishing of such motor vehicles, boats, trailers, campers, or motor-driven cycles, together with those activities normally incident or necessary to such washing and polishing, nor shall it be deemed to prevent the parking and storage of motor vehicles, boats, trailers, or motor- driven cycles in any carport or garage located on any Lot within the Subdivision. No boat, trailer, camper, truck or commercial vehicle shall be parked at any time on or in front of any Lot or on the private street in the Subdivision, except as such parking is necessary to make commercial deliveries. No automobile shall be parked on any Lot other than on the hard surface driveway and no automobile shall be parked in the private street for longer than 24 hours duration at any one time. Storage of items other than vehicles indicated in this Paragraph 10 is prohibited unless otherwise approved in writing by the Owner and the Townhomes Association.
11. Signs. No sign or other advertising of any nature whatsoever shall be placed or maintained upon any Lot, except neatly painted "For Sale", "For Rent", or "Open for Inspection" and such other signs as may be authorized by the Gilcrease Hills Homeowners Association Architectural Review Committee. All signs shall be subject to regulation by the Architectural Review Committee. Its written approval must be obtained before any signs, whether or not authorized herein, may be erected on any Lot.
12. Nuisances. No noxious, noise some, or offensive activities shall be carried on upon any Lot nor shall anything be
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done or kept thereon which may be or become an annoyance or nuisance to the Owners or occupants or any one or more neighboring Lots.
13. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats and household pets in reasonable number (which number shall not exceed two (2) unless specifically authorized by the Association) shall be kept on any Lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the Owner thereof.
14. 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 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 home or real estate offices for the purpose of selling any Lot or Lots (improved or unimproved) subject hereto and other real property owned by Grantor or persons designated by Grantor, provided, however, that the right of Grantor to conduct such commercial activities shall expire fifteen (15) years from the date hereof.
15. Temporary Buildings. Except in connection with the proceeding Paragraph 1 and 14, no temporary or permanent structure, shelter, barn or outbuilding of any kind shall be maintained on any Lot other than the permanent residential structure and the storage room attached thereto, in any, provided, however, Grantor may erect and maintain temporary buildings only for construction and administration purposes incidental to the initial construction of improvements and dwellings within the Subdivision. All temporary buildings permitted hereunder shall be promptly removed upon the completion of the original sale of Lots or houses in the Subdivision owned by Grantor or persons designated by Grantor.
16. Membership in Association
(a) Every owner shall have a right and easement of enjoyment in and to the Common Area of the Association and the common areas and facilities of GHHOA which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions:
(1) The right of the Association to charge reasonable admission and other fees for the use of any facilities; the cost of maintenance, upkeep and repair of such facilities and the Common Area of the Association and the right of GHHOA to charge admission and other fees for the maintenance of the common areas and admission to the facilities designated on the development plan
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for Gilcrease Hills;
(2) The right of either the Association or GHHOA to suspend the voting rights under their bylaws and the right to use any of their respective facilities by any Owner for any period during which an assessment against his Lot remains unpaid, and for a period not to exceed sixty (60) days for any infraction of the published rules and regulations of the Association and GHHOA;
(3) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members.
(b) Membership and Voting. Every Owner of a Lot is subject to assessment and shall be a member of the Association and GHHOA. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. The Association shall be composed of all of the Owners of the Subdivision with each lot being entitled to cast one unitary vote regardless of the number of individuals who have an ownership interest in that lot.
(c) Creation of Obligation to Pay Assessments and Lien to Secure Payment. Each current Owner and any subsequent Owner of any improved Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to agree to pay to the Association: (i) assessments or charges, and (ii) special assessments for capitol improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided, and to pay to GHHOA the assessments for the maintenance, repair and upkeep of the common areas and facilities, including, but not limited to, the clubhouse, playground, and community street lighting. The Association and GHHOA assessments and special assessments together with such interest, late charges, costs of collection thereof and reasonable attorney's fees, shall be a charge on the Lot against which such assessments are made and be a continuing lien thereupon.
(1) Purpose of Assessments. The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, and welfare of the members of the Association in particular and shall be used for the improvement and maintenance of the Common Area and facilities thereon, the private streets in the Subdivision, residential dwelling units on the Lots, and services and
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facilities devoted to this purpose and related to the use and enjoyment of the Common Area and the residential dwelling units on the Lots. Maintenance of residential dwelling units shall be limited to maintenance as set forth in paragraph nine (9) above. The Association shall not be responsible for repairs necessitated by acts of negligence or omission by Owners, but shall have the right, at the sole option of the Board of Directors, to make such repairs, taxing the costs thereof to the Owner for whom such repairs are made. The Association specifically shall not be responsible for extraordinary repairs necessitated by storms, floods, hail, wind, tornadoes, fire, civil disobedience, riots, or other acts of God.
(2) Amount of Assessments. The amount of any such assessments levied by the Association or GHHOA shall be the reasonable cost of the maintenance, repair and upkeep as set forth herein.
(3) Uniform Rate of Assessment. Any and all such assessments must be fixed at a uniform rate for all improved Lots and may be collected on a monthly basis.
(4) Mortgage Protection.
(A) Any lien created upon a Lot pursuant to this subparagraph 16(c) shall be subject and subordinate to, and shall not effect the rights of the holder of indebtedness secured by any recorded first mortgage of trust (meaning a mortgage or deed of trust with first priority over other mortgages or deeds of trust) upon any such Lot made in good faith and for value, provided, however, that in the event of foreclosure of any such mortgage or deed of trust, any lien perfected by filing as provided in subparagraph 16(c) shall survive such foreclosure and shall attach to the interest taken any purchaser at a foreclosure sale, and shall thereafter have the effect and be enforced in the same manner as provided herein.
(B) No amendment to this paragraph shall effect the rights of the holder of any such mortgage or deed of trust recorded prior to adopting of such amendment who does not join in the execution thereof.
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(C) By subordination agreement executed by a majority of the Board, the benefits of subparagraph 16(c) (iv) (a) and 16(c) (iv) (b) may be extended to mortgages or deeds of trust not otherwise entitled thereof.
(D) Copies of Documents. The Articles of Incorporation, bylaws, and rules and regulations of the Association and GHHOA may be examined at the offices of the Gilcrease Hills Homeowners Association, 1919 West Seminole, Tulsa, Oklahoma, during normal business hours.
(5) Exempt Property. The following property
shall be exempt from the assessments created herein: (a) all
properties dedicated to and accepted by a local public
authority; (b) the Common Area and private streets within
the Subdivision; and (c) all properties owned by a
charitable or non-profit organization exempt from
taxation by the laws of the State of Oklahoma; however,
no land or improvements devoted to dwelling use shall be
exempt from assessment.
17. 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.
18 Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any Lot in the subdivision, nor shall any exterior addition to or change or alteration therein, or change in the exterior appearance thereof, or change in landscaping be made until specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing as to harmony of exterior design and location in respect to surrounding structures and topography by the GHHOA Architectural Review Committee (ARC) composed of three (3) or more representatives appointed as provided in the bylaws of GHHOA. Copies of the Architectural Guidelines are available at the office of Gilcrease Hills, 1919 W. Seminole St., Tulsa, OK.
19. Approval, Variances, and Waivers. The ARC shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever in its opinion, such wavier or variance is in the best interest of the Owners in the Subdivision.
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20. Enforcement. Except as expressly otherwise provided herein each of the Associations, or any Owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, the provisions hereof. Failure by the Associations or by any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a wavier of the right to do so thereafter. The City of Tulsa (unless the Subdivision shall be annexed to any other municipality, in which event, the municipality to which the Subdivision shall be annexed), action by and through any appropriate governmental agency or appropriate official, shall have the right to enforce any land use restriction set forth in Paragraph 1 hereof or to which the Subdivision may be subject pursuant to Planned Unit Development No. 167.
21. 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.
22. Amendment. Covenants and restrictions contained in this Certificate of Dedication 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, their legal representatives, heirs, successors, and assigns, for a term of forty (40) years from the date this Certificate of Dedication is recorded, after which time said covenants shall automatically extended for successive period of ten (10) years. The covenants and restrictions of this Certificate of Dedication may be amended during the first forty (40) years period by an instrument signed by the Owners of not less than seventy-five percent (75%) of the Lots in the Subdivision and thereafter by an instrument signed by the Owners of not less than seventy percent (70%) of said Lots. Any such amendment must be duly recorded to effective.
23. Inapplicability to Property of Public Entity. The provisions hereof shall be inapplicable to any property now owned or hereafter acquired by the State of Oklahoma or any political subdivision thereof.
IN WITNESS HEREOF, the undersigned, being the Grantor herein, has hereunto set its hand and seal this 12th day of February, 1975.
GILCREASE HILLS DEVELOPMENT CORPORATION
By:
George D. Thurman Vice President
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ATTEST:
Linda Williams
Asst. Secretary

(SEAL)
STATE OF OKLAHOMA )
COUNTY OF TULSA )
On this 12th day of February, 1975, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared George D. Thurman, to me known to be the identical person who subscribed the name of GILCREASE HILLS DEVELOPMENT CORPORATION to the foregoing Certificate of Dedication as its Vice President, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation, for the uses and purpose therein set forth.
Given under my hand and seal of office the day and year last
above written.
My Commission expires:
April , 1978
(SEAL)
Notary Public
CERTIFICATE OF SURVEY
I, the undesigned, ABBIE T. TODD, Registered Land Surveyor in the State of Oklahoma, do hereby certify that I have carefully and accurately surveyed the above descried real estate and premises dedicated as Gilcrease Hills Townhouse, a subdivision in Osage County, State of Oklahoma, and that the above plat is a true representation of said survey.
Dated this 12th day of February, 1975.
Abbie T. Todd
Registered Land Surveyor
STATE OF OKLAHOMA )
) ss.
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public in and for the State of Oklahoma, on this 12th day of February, 1975, personally appeared ABBIE T. TODD, 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
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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:
April 18, 1978
(SEAL)
I do hereby certify that there are no unpaid taxes on Gilcrease Hills Townhouse.
Nezzie Horn Osage County Treasurer
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CERTIFICATE OF DEDICATION
GILCREASE HILLS, VILLAGE II, BLOCK 17
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 part of the NE/4 of Section 27, T20N, R12E, of the I.B.M., Osage Co., Okla., being more particularly described as follows, to wit:
Commencing at the SW Corner of said N.E./4, Section 27, Township 20 North, Range 12 East; thence North 0-18-46 East along the West line of said N.E./4 a distance of 1427.87 feet; thence South 89-41-14 East a distance of 301.23 feet to the point of beginning; thence North 73-21-17 East a distance of 407.64 feet; thence South 9-21-58 East a distance of 255.46 feet; thence South 11-14-59 West a distance of 293.89 feet; thence South 28-06-18 West a distance of 138.21 feet; thence South 24-54-29 West a distance of 60.00 feet; thence North 65E-05'-31" West a distance of 0.00 feet to a point of curvature; thence along a curve to the right with a radius of 600.00 feet and a central angle of 44E-20'-38" a distance of 464.37 feet to a point on curve; thence North 69-15-07 East a distance of 60.00 feet; thence North 20-44-53 West a distance of 0.00 feet to a point of curvature; thence along a curve to the right with a radius of 540.00 feet and a central angle of 26E-39'-57" a distance of 251.32 feet to the point of beginning. Containing 5.14 acres, more or less and has caused the same to be surveyed, staked, platted and subdivided into lots, blocks, and streets, and designated the same as Gilcrease Hills, Village II, Block 17, a subdivision in Osage County, Oklahoma (hereinafter called "the Subdivision").
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 governmental authority having jurisdiction thereof.
Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, community antenna television lines and amplifiers, gas lines and water lines, together with all fittings and equipment therefor, including any wires, conduits, pipes, valves, meters, and other appurtenances thereto, with the right of ingress to and upon said easement and rights-of-way for the uses and purposes aforesaid, together with similar rights in each and all of the public streets shown on said plat; PROVIDED, 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 therefor over, across, and along all of the public streets shown in said plat and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing said utilities and system to the area included in said plat and to any other area.
RESTRICTIVE COVENANTS
For the purpose of providing an orderly development of the Subdivision and for the further purpose of providing adequate

restrictive covenants for the mutual benefit of the Grantor and its successors in title (hereinafter called "Owner" or "Owners") to those parts of the Subdivision numbered on said plat (herein after called "Lots"), Grantor does hereby impose the following restrictions and reservations and create the following easements to which it shall be incumbent upon Owners to adhere, to wit;
1. Land Use. All Lots shall be developed and maintained solely for residential purposes, and such development shall be limited to detached single family dwellings, the ground floor of the main structure of which, exclusive of open porches and garages, is not less than 1,800 square feet in area for a one-story dwelling, nor less than 1,400 square feet in area for a one and one-half story dwelling, nor less than 1,400 square feet for a two-story dwelling. No dwelling shall be constructed on any parcel or property containing less than 9,000 square feet.
Certain parcels of the property, identified on said plat as Reserve A shall be used solely for the purposes of providing pedestrian accessibility 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.
2. Electrical and Telephonic Utilities, etc. Electrical and telephonic utilities and all community antenna television cables, including all supply lines (all of which electrical, telephonic and television installation are hereinafter collectively called "cable facilities"), shall be located underground 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 Architectural 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 the paragraph. Street light poles or standards shall be served by underground cable. Underground cable facilities 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 cable facility to a particular dwelling the supplier of such 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 cable facility, extending from the service pedestal or transformer to the service entrance on said dwelling. Such supplier shall at all times have right of access to all easement granted herein for the purpose of installing, maintaining, removing or replacing any portion of its facilities. Each Owner shall be responsible for the protection of the underground cable facilities located on his Lot and shall prevent the alteration of grade or any construction activity which may interfere with said cable facilities. Repairs or cost of relocation, required by violation of this covenant, shall be paid for by the Owner of the Lot. This covenant shall be enforceable by the suppliers of such cable facilities and the Owner of such Lot. This covenant shall be enforceable by the suppliers of such cable facilities and the Owner of each Lot agrees to be bound hereby.
3. Construction Guidelines. All dwellings erected shall have
an attached garage, or carport, with storage facilities for at least two cars. All roof material must be approved by the Grantor or persons designated by the Grantor. Composition 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 elevations of the buildings to achieve total continuity of design. Gutters and down spouts are to be painted to match the surface to which attached, unless used as a major design element, in which case the color is to be consistent with the color scheme of the building.
4. Fencing. No fencing of any type shall be placed closer to the front or side street line than the building set-back line shown on

said plat. Fencing shall no be more than six feet in height and shall be constructed wholly of wooden materials, except that low decorative fencing that does not exceed three feet in height, may be placed between the building line and property line.
5. Clothesline and Storage. No clothesline 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 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.
6. Antennae and Rooftop Aerials. No towers, antennae, aerials, or other facilities for the reception or transmission of radio or television broadcasts 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.
7. Landscaping Guidelines. Each Owner shall maintain the slopes on his Lot at the slope and pitch fixed by the finished grading thereof, including watering and planting of the slopes.
8. Care and Maintenance of Lot. The owner of each Lot shall keep the same free from rubbish, litter, and noxious weeds. All trash, garbage, or rubbish and litter shall be kept in containers adequate for the purpose and shall be stored on the Lot in such a manner as to be out public view until such day as is designated for collection of such material. All structures, landscaping, and improvements from time to time placed upon the Lot in accordance with the terms hereof shall be maintained in good condition and repair at all times. Each Lot shall be subject to an easement for access to make reasonable repairs on adjoining Lots and structures thereon; provided, however, that:
(a) any damage caused by such 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 Recreational Vehicles. Except as expressly hereinafter provided no boats, recreational vehicles, campers, trailers shall be parked upon or in front of any Lot in a location visible from or within public view. The foregoing restriction shall not be deemed to prevent the washing or polishing of such boats, recreational vehicles, campers, and trailers. Except as expressly hereinafter provided no boats, automobiles, trailers or motor-driven vehicles of any kind shall be stored, repaired, rebuilt, dismantled, repainted upon any Lot in an area visible from neighboring property or in public view. Such storage or activities may be performed within garages located on the Lot which screen the sight and sound of the activities from neighboring property or from the street. The foregoing restriction shall not be deemed to prevent the ordinary parking of automobiles in garages, carports or driveways. No commercial vehicles shall be parked at any time on or in front of any lot in an area visible from neighboring property or in public view, except as such parking is necessary to make commercial pickups and deliveries.
10. Signs. No sign or other advertising device of any nature whatsoever shall be placed or maintained upon any Lot, except neatly painted "For Sale", "For Rent", or "Open for Inspection" and such other signs as may be authorized by the Grantor. All signs shall be subject to regulation by the Grantor. Its written approval must be obtained before any signs, whether or not authorized

herein, may be erected on any Lot. Notwithstanding the foregoing, however, Grantor or its designees may erect and maintain upon any Lot, or Lots such signs and other advertising devices as it may deem necessary in connection with the conduct of its business of development, subdivision, and sale of Lots or other real property owned by Grantor or its designees; provided, however, that Grantor's rights to conduct such advertising shall expire fifteen (15) years from the date thereof.
11. Nuisances. No noxious, noise-some, or offensive activities shall be carried on upon any Lot, nor shall anything be done or kept thereon which may be or become an annoyance or nuisance to the Owners or occupants of any one or more neighboring lots.
12. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats, and household pets in reasonable number (not more than five (5)), shall be kept on any Lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the Owner.
13. Commercial 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 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; provided, however, that the rights of Grantor to conduct such commercial activities shall expire fifteen (15) years from the date hereof.
14. Temporary and Outbuilding Structures. Except in connection with the preceding paragraph, no trailer, tent, shack, barn or other outbuilding type structure shall be erected or moved onto any Lot either temporarily or permanently. No temporary residence or structure of any kind shall be maintained on any Lot; provided, however, Grantor may erect and maintain temporary buildings used for construction and administration purposes incidental to the initial construction of improvements and dwellings within the subdivision.
15. Membership in Home Owner Association. An Owner of any lot within said subdivision shall become a member of the Gilcrease Hills Village II Homeowners Association (hereinafter called "Home Owners Association") by purchasing a Lot within said subdivision or any extended areas developed by Grantor, and memberships therein shall be thereafter appurtenant to the ownership of said Lot. One cannot be transferred without the other. Each and every Lot owner shall have an easement to use the facilities of the Home Owners Association, or of the Area Association (hereinafter collectively called "Associations") subject, however, to the rules and regulations thereof. Membership in the Home Owners Association shall be subject to assessments for the actual cost of maintenance, repair and upkeep of the common areas of the subdivision which shall include, without limitation, the clubhouse, playground, community street lighting, and the common areas and facilities as designated on the overall developmental plan of Gilcrease Hills. Annual assessments for maintenance, repair and upkeep shall be a lien upon any lot of any owner in said subdivision, and shall be subject to enforcement as provided in the Bylaws of the Home Owners Association. The Articles of Incorporation, Bylaws and rules and regulations of the Association may be examined at the office of Grantor, 1615 North 24 West Avenue, Tulsa, Oklahoma, or at the club house office of the Home Owners Association.
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 Lot in the Subdivision, nor shall any exterior addition to or change of alteration therein, or change in the exterior appearance thereof, or change in landscaping be made until specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing as to harmony of exterior design and location in respect to surrounding structures and topography by the Grantor or persons designated by Grantor.
18. Approvals, Variances, and Waivers. The Grantor or persons designated by the Grantor shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever, in its opinion, such waiver or variance is in the best interest of the Owners in the Subdivision.
19. Enforcement. Except as expressly otherwise provided herein, each of the Associations, or any Owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, and charges now or hereafter proposed by the provisions hereof. Failure by the Associations or by any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
20. Severability. Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.
21. Amendment. Covenants and restrictions contained in this Certificate of Dedication 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, their legal representatives, heirs, successors, and assigns, for a term of forty (40) years from the date the date this Certificate of Dedication is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Certificate of Dedication may be amended during the first forty (40) year period by an instrument signed by the Owners of not less than seventy-five percent (75%) of the Lots in the Subdivision, and thereafter by an instrument signed by the Owners of not less than seventy percent (70%) of said Lots. Any such amendment must by duly recorded to be effective.
23. Inapplicability to Property of Public Entity. The provisions hereof shall be inapplicable to any property now owned or hereafter acquired by the State of Oklahoma or any political subdivision thereof.
IN WITNESS WHEREOF, the undersigned, being the Grantor herein, has hereunto set its hand and seal this 27th day of Sept, 1976.
GILCREASE HILLS DEVELOPMENT CORPORATION
By: George D Thurman
Vice President
Attest:
Glen R Sams
Asst. Secretary
(Seal)
STATE OF OKLAHOMA)
) ss.
COUNTY OF TULSA )
On this 27th day of September, 1976, before me, the undersigned, a Notary Public in and for the County and State aforesaid, personally appeared GEORGE D. THURMAN, to me known to be

the identical person who subscribed the name of GILCREASE HILLS DEVELOPMENT CORPORATION to the foregoing Certificate of Dedication as its Vice President, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation, for uses and purposes therein set forth.
Given under my hand and seal of office the day and year last
above written.
Richard F. Suchin
Notary Public
My commission expires:
April 15, 1978
(Seal)
CERTIFICATE OF Survey
I, the undersigned, Abbie T. Todd, Registered Land Surveyor, in the State of Oklahoma, do hereby certify that I have carefully and accurately surveyed the above described real estate and premises dedicated as Gilcrease Hills, Village II, Block 17, a subdivision in Osage County, State of Oklahoma; and that the above plat is a true representation of said survey.
Dated this 27 day of September, 1976.
Abbie T. Todd
Registered Land Surveyor
STATE OF OKLAHOMA)
) ss.
COUNTY OF TULSA)
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 27th day of September, 1976, personally appeared Abbie T. Todd, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
Richard F. Suchin
Notary Public
May commission expires:
April 15, 1978
(Seal)
I do hereby certify that there are no unpaid taxes on Gilcrease Hills, Village II, Block 17.
Nezzie Horn
Osage County Treasurer

BLOCK 26
Known All Men by These Presents:
That Concept Builders 1987, Inc., is the owner in fee simple of the following described real
property, situated in the City of Tulsa, Osage County, State of Oklahoma, to-wit:
A tract of land containing 3.4285 acres, that is part of the N/2 of the SE/4 of Section 27,
Township 20 N, Range 12 E, Osage County, Oklahoma, said tract of land being described as
follows, to-wit: starting at the Southwest corner of the N/2 of the SE/4 of said Section 27; thence
North 00E24'06" East along the Westerly line of the N/2 of the SE/4 for 485.76 feet; thence
South 89E35'54" East for 30.00 feet to the APoint of Beginning@ of said tract of land; thence
continuing South 89E35'54" East for 70.00 feet; thence South 65E38'38"East for 189.93 feet;
thence South 88E48'01" East for 325.25 feet; thence South 64E34'06" East for 172.23 feet;
thence South 84E18'00" East for 374.22 feet; thence North 82E16'35" East for 128.85 feet to the
Southwest corner of Lot 6 in Block 21 of AGilcrease Hills Village@, a subdivision of part of the
E/2 of Section 27, Township 20 N, Range 12 E, Osage County, Oklahoma; thence North
19E41'19" West along the Westerly line of Lot 6 for 115.41 feet to the Northwest corner of Lot
6; thence South 74E31'35" West for a 0.00 feet to a point of curve; thence Southwesterly,
Westerly, and Northwesterly along the Southerly right-of-way line of West Queen Street on a
curve to the right, with a central angle of 21E10'25" and a radius of 210.00 feet, for 77.61 feet to
a point of Tangency; thence North 84E18'00" West along said right-of-way line on said
Tangency for 289.00 feet to a point of curve; thence Northwesterly along said right-of-way line
on a curve to the right, with a central angle of 19E43'54" and a radius of 370.00 feet for 127.42
feet to a point of Tangency; North 64E34'06" West along said right-of-way line on said
Tangency for 43.90 feet to a point of curve; thence Northwesterly and Westerly along said right-
of-way line on a curve to the left, with a central angle of 24E13'55" and a radius of 325.50 feet,
for 137.66 feet to a point of Tangency; thence North 88E48'01" West along said right-of-way on
said Tangency for 231.30 feet to a point of curve; thence Westerly and Northwesterly along said
right-of-way line on a curve to the right, with a central angle of 55E14'57" and a radius of 178.00
feet, for 171.64 feet to the Southeast corner of Lot 12 in Block 24 of said AGilcrease Hills
Village II@; thence North 89E35'54" West along the Southerly line of Lot 12, for 150.35 feet to
the Southwest corner of Lot 12; thence South 00E24'06" West and parallel to the Westerly line of
the N/2 of the SE/4 of said Section 27 for 121.76 feet to the APoint of Beginning@ of said tract of
land.
That Concept Builders 1987, Inc., hereinafter referred to as the AOwner@ has caused the above
described real property to be surveyed, platted, and subdivided into 16 lots and 1 block, in
conformity with the accompanying plat and has designated the same as ABlock 26, Gilcrease
Hills Village II@, an addition to the City of Tulsa, Osage County, Oklahoma.
SECTION 1. STREET AND UTILITY EASEMENTS
Now, therefore, the owner does hereby dedicate for public use the streets as shown on the
accompanying plat and does further dedicate for public use the easements and the rights-of-way
as shown and designated on said plat for the several purposes of constructing, maintaining,
operating, repairing, removing or replacing any and all public utilities, including storm and
sanitary sewers, telephone line, power lines and transformers, gas lines, water line and cable
telephone line. Together with all fittings and equipment for each of such facilities, including the
poles, wires, conduits, pipes, valves, meters and any other appurtenances thereto, and private
underground oil and gas gathering systems and power sources to serve such systems and related
oil and gas wells and other installations whether or not such operations and productions be
wholly withing the subdivision, with right of ingress and egress to and upon said easements and
the rights-of way for the uses and purposes aforesaid; provided, however, that the owner 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 owner, 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 all of the public
streets 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
subdivision and to any other area.
The owner agrees that no building, structure or other above below ground obstruction that will
interfere with the (easement) purposes aforesaid, will be placed, erected, installed or permitted
upon the easement or rights-of-way as shown on said plat.
Furthermore, the owner, for the purpose of providing an orderly development of the property
above described (hereinafter referred to as ABlock 26, Gilcrease Hills Village II@), and for the
purpose of insuring adequate restrictions for the mutual benefit of the undersigned owner, its
successors, grantees and assigns, does hereby impose the following restrictions and coven
ants, which shall be covenants running with the land and which shall be enforceable by the
owners of the lots within ABlock 26, Gilcrease Hills Village II@:
1.1 Water and Sanitary Sewer Service
IN connection with the provisions for water and sanitary sewer services, all of the lots in ABlock
26, Gilcrease Hills Village II@ are subject to the following covenants and restrictions, to-wit:
1.1.1 The owner of any lot shall be responsible for the protection of the public water mains and
of the public sanitary sewer facilities located on his lot and shall prevent the alteration of grade
within the easement areas in excess of three feet (3') from the original contours or any
construction activity which may interfere with such public water, mains and/or public sanitary
sewer facilities.
1.1.2 The City of Tulsa, Oklahoma or its successors will be responsible for ordinary
maintenance of public water mains and sanitary sewer facilities, but the owner of any lot will
pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his
agents or contractors.
1.1.3 The City of Tulsa, Oklahoma or its successors through its proper agents and employees
shall at all times have the right of access with their equipment to all such easement ways shown
on the plat, or provided for in this certificate of dedication for the purpose of installing,
maintaining, removing or replacing all or any portion of such underground water and sewer
facilities.
1.1.4 The foregoing covenants and restrictions concerning water and sewer facilities shall be
enforceable by the City of Tulsa, Oklahoma, or its successor and the owners of each of the lots
shall be bound thereby.
1.2 Gas Service
1.2.1 The suppliers of gas service through their proper agents and employees shall at all time
have right of access to all such easement ways shown on said plat or provided for in this deed of
dedication for the purpose of installing, maintaining, removing or replacing any portion of said
underground facilities so installed by them.
1.2.2 The owners shall be responsible for the protection of the underground gas facilities
located on his property and shall prevent the alteration of grade or any construction activity
which may interfere with said facilities, the companies will be responsible for ordinary
maintenance of the underground facilities, but the owners will pay for damage or relocation of
such facilities caused or necessitated by acts of the owners or their agents or contractors.
1.2.3 The foregoing covenants concerning underground gas facilities shall be enforceable by
the suppliers of said services and the owner agrees to be bound hereby.
1.3 Electric, Telephone and Cable Television
In connection with the provisions for underground eclectic, telephone, and cable television
services, all of the lots in ABlock 26, Gilcrease Hills Village II@ are subject to the following
covenants and restrictions, to-wit:
1.3.1 Overhead pole lines for the supply of electric, telephone and cable television may be
located along the perimeter of said addition in the utility easement areas or street right-of-way.
Street light poles and standards may be served by underground cable and elsewhere throughout
ABlock 26, Gilcrease Hills Village II@ all service supply lines shall be located underground in the
easement ways reserved for general utility services and in the streets shown on the attached plat.
Services pedestals and transformers, as sources of supply at secondary voltages, may also be
located in such easement ways.
1.3.2 Except to houses on lots described in paragraph (1.3.1) above, which may be served from
overhead electric, telephone and cable television lines and/or cables underground primary and/or
service lines and cables to houses which may be located on any lot in ABlock 26, Gilcrease Hills
Village II@ may be run from the nearest service pedestal or transformer to the point of usage
determined by the location and construction of such house as may be located upon each such lot;
provided that, upon installation of such a primary and/or service line or cable to a particular
house, the supplier of such service shall thereafter be deemed to have a definitive, permanent,
effective and exclusive right-of-way easement of such lot, covering a five foot strip extending
2.5 feet on each side of such primary and/or service line or cable, extending from the service
pedestal or transformer to the entrance at such house.
1.3.3 The owner of each lot shall be responsible for the protection of the underground service
facilities located on his property and shall prevent the alteration of grade or any construction
activity which may interfere with such service facilities. The various utility or service
companies will be responsible for ordinary maintenance of their respective underground
facilities, but the owner of any lot will pay for damage or relocation of such facilities caused or
necessitated by acts of the owner or his agents or contractors.
1.3.4 The suppliers of such services, through their proper agents and employees, shall at all
time have the right of access to and upon all such easement ways shown on the plat or provided
for in this deed of dedication for the purpose of installing, maintaining, removing or replacing
any portion of such underground facilities so installed by them.
1.3.5 The foregoing covenants and restrictions concerning underground service facilities shall
be enforceable by the respective suppliers of such services and the owners of each of the lots
shall be bound thereby.
1.4 Landscape/Pavement
The owner shall be responsible for the repair and replacement of any damaged landscaping and
paving located within the depicted easement areas, in the event it is necessary to repair any
underground water or sewer mains, electric, natural gas, communication or telephone services
provided, however, the City of Tulsa or the owners of said utilities or their successor, shall use
reasonable care in performance of such activities.
1.5 Limits of No Access
1.5.1 The grantors hereby relinquish right of ingress and egress to the above describe property
withing the bounds designated as ALimits of no access@ (LNA) except as may hereafter be
released, altered or amended by the City of Tulsa or its successors or as otherwise provided by
the statues and laws of the State of Oklahoma pertaining thereto.
SECTION II. PRIVATE DEVELOPMENT RESTRICTIONS
For the purpose of providing an orderly development of the subdivision and for the further
purpose of providing adequate restrictive covenants for the mutual benefit of the grantor and its
successors in title (Hereinafter called AOwner@ or AOwners@) to those parts of the subdivision
numbered on said plat (Hereinafter called ALots@), grantor does hereby impose the following
restrictions and reservations and create the following easements to which it shall be incumbent
upon owners to adhere, to-wit:
1. Reserve A. Reserve A is hereby set aside for future residential development and is
subject to the same deed restrictions and covenants as outlined herein, Reserve AA@ is
also set aside to proved access to the oil well and systems as referenced in Section One.
This property will be lot split or resbudivided in the future into residential lots.
2. Land Use. All lots shall be developed and maintained solely for residential purposes
and such development shall be limited to detached, single-family dwellings, which have a
floor area, exclusive of open porches and garages of not less than 1,200 square feet. All
square footage requirements are to be figures on measurements over masonry of the
ground floor.
3. Construction Guidelines. All dwellings erected shall have an attaced garage or carport,
with storage facilities for at least two cars. Colors, materials and finishes shall be
coordinated on all exterior elevations of the buildings to achieve total continuity of
design. Gutters and downspourts 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. Abestos siding and plain concrete block shall not be used
as a principal exterior material. Roofing materials on all lots shall be restricted to cedar
shingles or composition shingles. Composition shingles shall be restricted to weathered
wood colors and minimum weight shall not be less than 240 pounds per square . NO
compostion roofing materials shall be used until actual samples showing color, materials
and weight have been sumitted to and approved in writing by the new Construction
Archieticual Review Board as set out in paragraph 17 of the Certificate of Dedication as
ammended. NO driveways shall be contructed upon any lot which will permit ehicular
ingress and egress to Olympia Avenue or Union Avenue.
4. Fencing. No fencing of any type shall be placed closer to the front or side street line
than the building set-back lines shown on said plat. Fencing shall not be more than six
feet in height and shall be constructed wholly of wooden materials, except that low
decorative fencing that does not exceed three feet in height, may be placed between the
building line and property line. As set out in Paragraph 17 hereof, erection or
maintenance of any fence shall be approved the the Architectural Control Committee.
5. Clotheslines and Storage. NO clothesline shall be placed on any lot in a location visible
form neighboring property or within the public view. No lumber, metals or bulk
materials shall be kept, stored or allowed to accumulate on any lot 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.
6. Antennae and Rooftop Aerials. 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 structure constructed on said lot or by
underground conduits.
7. Landscaping Guidelines. Each owner shall maintain the slope on his lot at the slope
and pitch fixed by the finished grading thereof, including watering and planting of the
slopes.
8. Care and Maintenance of Lot. The owner of each lot shall keep the same free from
rubbish, litter and noxious weeds. All trash, garbage or rubbish and litter shall be kept in
containers adequate for the purpose and shall be stored on the lot in such a manner as to
be out of public view until such a 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 structure 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) By no event shall said easement be deemed to permit entry into the interior
portions of any residence.
9. Automobiles, Boats and Recreational Vehicles. Except as expressly hereinafter
provided, no boats, recreational vehicles, campers or trailers shall be parked upon or in
front of any lot in a location visible from or within public view. The foregoing restriction
shall not be deemed to prevent the washing or polishing of such boasts, recreational
vehicles, camper and trailers. Except as expressly hereinafter provided, no boats,
automobiles, trailers or motor-driven vehicles or any kind shall be stored, repaired,
rebuilt, dismantled or repainted upon any lot in an area visible from neighboring property
or in public view. Such storage or activity may be performed within garages located on
the lot which screen the sight and sound of the activities from neighboring property or
from the street. The foregoing restriction shall not be deemed to prevent the ordinary
parking of automobiles in garages, carports or driveways. No commercial vehicles shall
be parked at any time on or in front of any lot in an area viable from neighboring
property or in public view, except as such parking is necessary to make commercial
pickup and deliveries.
10. Signs. No such sign or other advertising device of any nature whatsoever shall be placed
or maintained upon any lot, except neatly painted AFor Sale@, AFor Rent@ or AOpen For
Inspection@ and such other signs as may be authorized by the grantor. All signs shall be
subject to regulation by the grantor. Its written approval must be obtained before any
signs, whether or not authorized herein, may be erect on any lot. Notwithstanding the
foregoing, however, grantor or its designees may erect and maintain upon any lot or lots
such signs and other advertising devices as it may deem necessary in connection with the
conduct of its business of development, subdivision and sale of lots or other real property
owned by grantor or its designees; provided, however, that grantor=s right to conduct such
advertising shall expire fifteen (15) years from the date hereof.
11. Nuisances. NO noxious, noisesome or offensive activities shall be carried on upon any
lot, nor shall anything be done or kept thereon which may be or become an annoyance or
nuisance to the owners or occupants of any one or more neighboring lots.
12. Animals. No animals, livestock, poultry, bees or other insects, except domestic dogs,
cats and household pets in reasonable number (not more than five (5), 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 except accompanied by or under the control of the
owner.
13. Commercial Activities Prohibited. Lots shall not be used for or in connection with
conduct of any trade, business, profession or commercial activity of any kind or nature
whatsoever. No building 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 home and real estates office for the purpose of selling any lot or lots
(Improved or unimproved) subject hereto and other real property owned by grantor or
persons designed by grantor; provided, however, that the rights of grantor or person
designated by grantor; provided, however, that the rights of grantor to conduct such
commercial activities shall expire fifteen (15) years form the date hereof.
14. Temporary and outbuilding structures. Except in connection with the preceding
paragraph, no trailer, tent, shack, barn or other outbuilding types structure shall be
erected or moved onto any lot either temporary or permanently. NO temporary residence
or structure of any kind shall be maintained on any lot; provided, however, grantor may
erect and maintain temporary buildings used for construction and administration purposes
incidental to the initial construction of improvements and dwellings within the
subdivision.
15. Membership in Home Owners Association. Any owner of any lot within said
subdivision shall become a member of the Gilcrease Hills Home Owners Association
(Hereinafter called AHome Owners Association@) by purchasing a lot within said
subdivision or any extended areas developed by grantor and memberships therein shall be
thereafter appurtenant to the ownership of said lot. One cannot be transferred without the
other. Each and every lot owner shall have an easement to use the facilities of the Home
Owners Association subject, however, to the rules and regulations thereof. Membership
in the Home Owners Association shall be subject to assessments for the actual cost of
maintenance, repair, and upkeep of the common areas of the subdivision which shall
include, without limitation, the clubhouse, playground, community street lighting and the
common areas and facilities as designated on the overall developmental plan for
Gilcrease Hills. Annual assessments for maintenance, repair and upkeep shall be a lien
upon any lot of any owner in said subdivision and shall be subject to enforcement as
provided in the bylaws of the home owners association. The Articles of Incorporation,
Bylaws and Rules and Regulations of the Associations may be examined either at the
office of grantor, 3303 South Harvard, Suite D, Tulsa, Oklahoma or at the club house of
Gilcrease Hills Homeowner Association , 1919 West Seminole St., Tulsa, Oklahoma.
16. Architectural Control No building. Residence, fence, wall or other structure shall be
commenced, erected or maintained upon any lot in the subdivision until the building
plans and specifications showing the nature, kind, shape, height, materials, color and
location of the same have been submitted to and approved in writing as to the harmony of
the exterior design and location with respect to surrounding structures and with the
general architectural style of existing structure within the subdivision by a Construction
Architectural Review Board composed of three or more members appointed by Concept
Builders 1987, Inc., it=s successor or the assignee of it=s right of appointment of the
Members of the Board. The new Construction Architectural Review Board may require
as a condition of giving it=s approval that such plans and specifications shall comply with
such conditions as the Board may in the exercise of it=s reasonable discretion impose as
the type of building materials to be used or other features or characteristics thereof
including the finished ground elevation, should the Board fail to approve or disapprove
such plans or specifications withing fifteen (15) days after the same have been submitted
to it for review then such plans and specifications shall be deemed to have been approved
without further action on the part of the Board. The New Construction Architectural
Review Board shall have the exclusive right to grant approvals required by the
Restrictive Covenants imposed herein and to waive or vary the restrictions in particular
aspects whenever in the opinions of the Board such waiver or variance is the best interest
of the owners in the subdivision.
17. Replacements or Modifications. No existing building or structure within the
subdivision may be altered, expanded or modified with respect to the exterior thereof
until the plans and specifications for such proposed alteration, expansion or modification
have been submitted to and approved by The Architectural Control Committee of The
Gilcrease Hills Homeowners Association as provided in Article IX, Architectural Control
of the Bylaws of The Gilcrease Hills Homeowner= Association adopted February 9, 1980,
and recorded in Book 609 at Page 259 in the office of the County Clerk of Osage County,
Oklahoma.
SECTION III. TERM, AMENDMENT AND ENFORCEMENT
3.1 The covenants and restrictions set forth herein shall be covenants which shall run with
the land and which shall be binding upon and enforceable by the undersigned owner, the
Association, its successors, grantees and assigns and by the beneficiaries of the covenants
set forth in Section 1 hereof with respect to such covenants only and the City of Tulsa,
Oklahoma and for a term or period of twenty (20) years from this date and such
restrictions shall be automatically extended thereafter for successive periods of ten (10)
years each, unless the owners of three-fourths (3/4) of the land within ABlock 26,
Gilcrease Hills Village II@, and the City of Tulsa, Oklahoma agree in writing to terminate
such covenants in whole or in part; provided, however, such covenants and restrictions
may be amended or modified at any time by a written agreement of the owners of three-
fourths (3/4) of the land withing ABlock 27, Gilcrease Hills Village II@ approved by the
City of Tulsa, Oklahoma.
3.2 In the event the undersigned owner or any of it=s successors, grantees, lessees or assigns
or any person claiming under the, shall violate or breach any of the covenants and
restrictions set forth herein or imposed hereby, any person or persons owning a lot or
parcel within ABlock 26, Gilcrease Hills Village II@, the beneficiaries of the covenants as
set forth in Section 3.1 hereof with respect to such covenants only, or the City of Tulsa,
Oklahoma shall have the right to maintain an action at law or in equity against the person
or persons attempting to violate any such covenants and restrictions, to prevent such
violation or to recover damages for the violation thereof, invalidation of any of the
covenants or restrictions set forth herein by judgement or other actions shall not affect the
validity of the remaining covenants and restrictions, which shall remain in full force and
effect and be thereafter construed as if such invalidated covenant or restriction were not
herein contained, the failure of the undersigned owner or any successor(s) in title to the
property within ABlock 26, Gilcrease Hills Village II@ to enforce any given restriction or
covenant or condition at any time or from time to time, shall not be deemed to be a
waiver or relinquishment of any right or remedy, nor a modification of these restrictions
and protective covenants.
In witness whereof, the owner has executed this deed of dedication on this 7th Day of
April , 19 98 .
ATTEST
BY: Laura E. Powell BY: Toby Powell
Secretary Toby Powell
STATE OF OKLAHOMA)
)ss
COUNTY OF TULSA )
Before me, The undersigned, a Notary Public, in and for said County and States on this
7th Day of April , 19 98 , personally appeared Toby Powell, to me known to be the
identical one who subscribed the name of TPO, Inc., an Oklahoma Corporation, to the foregoing
instrument as its Vice President and acknowledged to me that he executed the same as his free
and voluntary act and deed of such Corporation for the uses and purposes therein set forth.
Witness my hand and official seal the day and year last above written.
3/22/2001 Neely S. Shaw
My Commission Expires: Notary Public
CERTIFICATE OF SURVEY
We, Bresich & Associates, an Oklahoma Corporation do hereby certify that we have carefully
and accurately surveyed, staked and platted the tract of land described above and that eh
accompanying plat of the above designated ABlock 26, Gilcrease Hills Village II@, an addition to
the City of Tulsa, Osage County, Oklahoma, is a true representation os said survey,
Date this 4th Day of April , 19 98 .
By: W. B. Bresich
W. B. Bresich, R.L.S.
STATE OF OKLAHOMA)
)ss
COUNTY OF TULSA )
Before me, the undersigned, a notary public, in and for said county and states, on this 7th
Day of April , 19 98 , personally appeared W. B. Bresich, to me
known to be the identical one who subscribed the name of Bresich & Associates, to the
foregoing certificate as its 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.
Witness my hand and official seal the day and year last above written.
10-28-98 Susan K. Edridge
My Commission Expires: Notary Public
COUNTY TREASURERS=S CERTIFICATE
I, Joyce Hathcoat , do hereby certify that I am the duly elected, qualified, and acting
County Treasurer of Osage County, State of Oklahoma that the tax record of said county show
all taxes are paid for the year 1998 and prior years on the land shown on the annexed plat of
BLOCK-26 GILCREASE HILLS II VILLAGE in Osage County, Oklahoma that the required
statutary security has been deopoited in the office of the County Tresurer.
In wittness whereof, said County Treasurer has caused the instrument to be evecuted of
Pawhuska, Oklahoma on the 22nd day of APRIL 1998.
Joyce Hatchcoat by Sally Huls
County Treasurer, Osage County, Oklahoma

AMENDMENT TO PLAT AND CERTIFICATE OF DEDICATION Duplexes
GILCREASE HILLS II, BLOCK 3-A
A Re-subdivision of a part of Block 3
A Part of PUD 106 as Amended April 25, 1973
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned corporations and individuals (hereinafter sometimes called "Grantor") are the owners of the lots and blocks described opposite their respective names below, being all of the lots heretofore platted and subdivided as Gilcrease Hills Village II, Block 3, a Subdivision in Osage County, Oklahoma (hereinafter called "the Subdivision").
Pursuant to the provisions of Paragraphs 22 and 23 of the Plat and Certificate of Dedication of the Subdivision (hereinafter called "Plat and Certificate"), Grantor hereby amends and restates the Plat and Certificate as to, but only as to, the following described portion thereof:
A tract of land situate in the NW/4 of the SW/4 of Section 27, Township 20 North, Range 12 East, of the I.B.M., Osage County, Oklahoma, said tract comprising Lots 38 through 49, inclusive, and a Part of Lot 113, Block 3, Village II, Gilcrease Hills, according to the recorded plat thereof; said tract being more particularly described by metes and bounds, as follows, to wit:
Commencing at the Northwest Corner of the said NW/4 of the SW/4; thence South 89E 12'01" East
along the North Line thereof a distance of 233.70 feet to the point of beginning, said point being the Northwest Corner of said Block 3; thence South 89E 12'01" East along the North Line of Block 3 to the Northeast Corner thereof; thence south 0E 09'35" West a distance of 15.00 feet to the Northeast Corner of Lot 49; thence continuing South 0E 09'35" West along the East Line of Lots 49 through 38 and Lot 113 a distance of 285.57 feet to the Southeast Corner of Lot 38; thence continuing South 0E 09'35" West a distance of 5.00 feet;
thence North 89E 29'28" West a distance of 98.17 feet; thence North 0E 30'32" East a
distance of 306.05 feet to the point of beginning and containing 0.68 Acres, more or less.
which said portion of Block 3 has been surveyed, staked, platted and subdivided into lots and blocks and designated as Gilcrease Hills Village II, Block 3-A, a Resubdivision of a Part of Block 3
(hereinafter called "Block 3-A").
AMENDMENT OF RESTRICTIVE COVENANTS
AS TO BLOCK 3-A
Grantor does hereby amend the Restrictive Covenants imposed on the Subdivision insofar as Block 3-A is concerned in the following respects only. Except as hereinafter amended, the Restrictive Covenants set forth in the Plat and Certificate of Block 3 shall be and remain applicable to Block 3-A:
A. The first grammatical paragraph of Paragraph 1, Land Use, is hereby amended by the addition thereto of the following proviso:
Provided, however, Lots 1, 2, and 3 of Block 3-A shall be developed and maintained solely for duplex residential purposes, and such developments shall be limited to one duplex dwelling on each such lot, the main structure of which, exclusive of open porches and garages is not less than 1300 square feet in area for each side of a duplex dwelling.
B. An owner of a lot in Block 3-A shall not be a member of the Townhouse Association, shall not be entitled to any of the benefits of the Townhouse Association, and shall not be subject to assessment for any of the services performed by the Townhouse Association. The lots of Block 3-A shall not be subject to a lien in favor of the Townhouse Association. An owner of a lot in Block 3-A shall be responsible for the performance of the maintenance required as to each lot in Block 3-A owned by him, and 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 the public view until such day as is designated for the collection of such material. All structures, landscaping and improvements from time to time placed upon each such lot in accordance with such terms hereof shall be maintained in good condition and repair at all times.
C. Every owner of a lot in Block 3-A shall be a member of the Gilcrease Hills Village II Homeowners Association, and shall pay his assessments with respect to such membership directly to such Association. Each such owner shall maintain one membership for each dwelling unit located on each of such lots, which unit shall be for the benefit of the occupant from time to time of such dwelling unit. Each such lot shall be subject to assessment and lien in favor of the said Homeowners Association, as provided in Paragraph 16 of the Plat and Certificate.
D. By execution hereof, Gilcrease Hills Townhouse I Association and Grantor release any and all claims which they may have to require that portion of Lot 113, Block 3 which is included within Block 3-A to be conveyed to the Townhouse Association.
IN WITNESS WHEREOF, the undersigned Grantors have hereunto set

their respective hands and seals as of the 29th day of May, 1975.
CERTIFICATE OF SURVEY
I, the undersigned, Abbie T. Todd, Registered Land Surveyor in the State of Oklahoma, do hereby certify that I have carefully and accurately surveyed and staked the above described real estate and premises dedicated as Gilcrease Hills, Village II, Block 3-A, a Re- subdivision of a Part of Block 3, a Part of PUD 106 as Amended April 25, 1973, in Osage County, State of Oklahoma; that iron pins have been placed on all corners and that the above plat is a true representation of said survey.
DATED this 10th day of June, 1975.
STATE OF OKLAHOMA )
) ss.
COUNTY OF Tulsa )
Abbie T. Todd
Registered Land Surveyor
Before me, the undersigned, a Notary Public within and for the County and State aforesaid, on this 10th day of June, 1975, personally appeared ABBIE T. TODD, to me known to be the identical person who executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
Linda M. Williams
Notary Public
My commission expires:
May 5, 1978
I do hereby certify that there are no unpaid taxes on Gilcrease Hills, Village II, Block 3-A.
Nezzie Horn
Osage County Treasurer

HICKORY VILLAGE
CERTIFICATE OF DEDICATION
GILCREASE HILLS, VILLAGE I, BLOCKS 15 AND 16
KNOW ALL MEN BY THESE PRESENTS:
That GILCREASE HILLS DEVELOPMENT CORPORATION, an Oklahoma corporation (herein after sometimes called "grantor"), is the Owner of the following described real estate.
A TRACT OF LAND SITUATED IN THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 20 NORTH; RANGE 12 EAST OF THE INDIAN BASE AND MERIDIAN, OSAGE COUNTY, OKLAHOMA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 34: THENCE NORTH 0031'17" EAST ALONG THE WEST LINE OF SAID SECTION 34 A DISTANCE OF 543.98 FEET: THENCE SOUTH 89029'33" EAST A DISTANCE OF 377.81 FEET TO THE POINT OF BEGINNING: THENCE NORTH 0030'27" EAST A DISTANCE OF 167.92 FEET TO A POINT OF CURVATURE; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23030'50' AND A RADIUS OF 705.00 FEET A DISTANCE OF 289.33 FEET TO A POINT OF REVERSE CURVATURE: THENCE ALONG SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE 14041'25" AND A RADIUS OF 755.00 FEET A DISTANCE OF 193.58': THENCE SOUTH 78050'13" EAST A DISTANCE OF 275.06' FEET; THENCE SOUTH 10030'38" EAST A DISTANCE OF 173.58 FEET; THENCE SOUTH 200 07'47" EAST A DISTANCE OF 137.17 FEET: THENCE NORTH 89041'36" EAST A DISTANCE OF 150.34 FEET; THENCE NORTH 41054'55" EAST A DISTANCE OF 138.13 FEET; THENCE NORTH 89030'34" EAST A DISTANCE OF 234.94 FEET; THENCE SOUTH 0040'25" WEST A DISTANCE OF 414.97 FEET; THENCE NORTH 89029'33" WEST A DISTANCE OF 938.66 FEET TO THE POINT OF BEGINNING; AND
CONTAINING 9.59 ACRES MORE OR LESS,
and has caused the same to be surveyed, staked, and platted and subdivided into lots, blocks and streets, and designated the same as Gilcrease Hills, Village I, Blocks 15 and 16, a subdivision in Osage County, Oklahoma.
Easement Grants
The grantor hereby dedicates for public use all the streets as shown on said plat. No vehicular ingress and egress shall be permitted over, through, and across any property or area designated on the above described plat as "limits" of access or as provided, however, that points of access or a portion thereof may be released, changed or altered by an amendment hereof with the approval of the governmental authority having jurisdiction thereof.
Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, community antenna television lines and amplifiers, gas lines and water lines, together with all fittings and equipment therefore, including any wires, conduits, pipes, valves, meters, and other appurtenances thereto, with the right of ingress and egress upon said easement and rights-of-way for the uses and purposes aforesaid, together with similar rights in each and all of the streets and alleys shown on said plat; PROVIDING, HOWEVER, that the grantor here reserves the right to construct any and all such utilities and system, and to maintain, operate, repair, remove or replace any and all such utilities and systems so constructed by grantor, and to authorize the construction; operation and maintenance of any and all such
1
utilities and system, together with the right of ingress and egress therefore over, across, and along all of the public streets and alleys shown in said plat and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing said utilities and system to the area included in said plat and to any other areas.
Restrictive Covenants
For the purpose of providing an orderly development of the Subdivision and for the further purpose of providing adequate restrictive covenants for the mutual benefit of the grantor and its successors in title (hereinafter called "Owner" or "Owners") to those parts of the Subdivision numbered on said plat (hereinafter called "Lots"), grantor does hereby impose the following restrictions and reservations and create the following easements to which it shall be incumbent upon its successors and assigns to adhere, to wit:
1. Land Use. All lots shall be developed and maintained for residential purposes and such development shall be limited to single family dwellings the ground floor of the main structure of which, exclusive of open porches and garages, is not less than 1500 square feet in area for a one-story dwelling, nor less than 1350 square feet in area for a one and one-half story dwelling, nor less than 1350 square feet for a two-story dwelling. No dwelling shall be constructed on any parcel or property containing less than 7,000 square feet.
Certain parcels of the property, identified on said plat as Reserve A through Reserve B, shall be used solely for the purposes of providing pedestrian accessibility to the recreational areas and as utility easement for any and all utilities serving the Gilcrease Hills area. Such Reserves shall not be a part of the lots adjacent thereto, but shall be separate parcels.
2. Electrical and Telephonic Utilities, etc. Electrical and telephonic utilities and all community antenna television cables, including all supply line (all of which electrical, telephonic and television installations are hereinafter collectively called "cable facilities"), shall be located underground in the easements hereinbefore dedicated for such purposes. All electric transformers and service pedestals shall be located in the said easements as locations approved by the Grantor; they shall be of the on-ground, weatherproof, completely enclosed type. All existing utility lines, poles, transformers and appurtenances shall be excepted from the provisions of this paragraph. Street light poles or standards shall be served by underground cable. Underground cable facilities to a particular dwelling may be run form the nearest service pedestal or transformer to the point of usage determined by the location and construction of the dwelling, provided that upon the installation of such cable facilities to a particular dwelling the supplier of such service shall thereafter by deemed to have a definitive, permanent, effective and exclusive right-of-way easement on said Lot, covering a five-foot strip extending 2.5 feet on each side of such cable facility, extending from the service pedestal or transformer to the service entrance on said dwelling. Such supplier shall at all times have right of access to all easements granted herein for the purpose of installing maintaining, removing or replacing any portion of it s facilities. Each Owner shall be responsible for the protection of the underground cable facilities located on his Lot and shall prevent the alteration of grade or any construction activity which may interfere with said cable facilities. Repairs or costs of relocation required by violation of this covenant shall be paid for by the Owner of such Lot. This covenant shall be enforceable by the suppliers of such cable facilities and the Owner of each Lot agrees to be bound thereby.
2

3. Construction Guidelines. Each dwelling shall have an attached, completely enclosed garage containing sufficient space for at least two (2) cars, unless the topography of the Lots requires the garage to be detached or at the rear of the Lot, or an attached carport, the specification of which conform to the requirements set forth in the Architectural Guidelines of the Gilcrease Hills Area Association. All roof material must be approved by the Architectural Control Committee of the Area Association. Asbestos or siding and plain concrete block shall not be used as a principal exterior material. Colors, materials, and finishes shall be coordinated on all exterior elevation of the buildings to achieve total continuity of design. Gutters and down- spouts are to be painted to match the surface to which attached, unless used as a major design element, in which case the color is to be consistent with the color scheme of the building.
4. Fencing. No fencing of any type shall be placed closer to the front or side street line than the building set-back lines shown on said plat. Fencing shall not be more than six feet in height and shall be constructed wholly of wooden materials, except that low decorative fencing that does not exceed three feet in height, may be placed between the building line and property line.
5. Clotheslines and storage. No clotheslines shall be placed on any lot in a location visible from neighboring property or within the public view. No lumber, metals, or bulk materials shall be kept, stored, or allowed to accumulate on any lot or the common area, except building or other materials to be used in connection with the work of construction, alteration or improvement approved in accordance with the term hereof.
6. Antennae and Rooftop Aerials. No towers, antennas, aerials, or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained or permitted to be erected or maintained on any lot, except by installations inside of structures constructed on said lot, or by underground conduits.
7. Landscaping Guidelines. Each owner shall maintain the slopes on his Lot or parcel at the slope and pitch fixed by the finished grading
thereof including watering and planting of the slopes.
8. Care and Maintenance of Lot. The owner of each lot shall keep the same free from rubbish, litter, and noxious weeds. All trash, garbage, or rubbish and litter shall be kept in containers adequate for the purpose and shall be stored on the Lot in such a manner as to be out public view until such day as is designated for collection of such material. All structures, landscaping, and improvements from time to time placed upon the Lot in accordance with the terms hereof shall be maintained in good condition and repair at all times. Each Lot shall be subject to an easement for access to make reasonable repairs on adjoining Lots and structures thereon; provided, however, that:
(a) Any damage caused by such entry upon a Lot or upon any adjoining property shall be repaired at the expense of the owner whose property was the object of the repair work which caused the same;
(b) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the entered Lot; and
(c) In no event shall said easement be deemed to permit entry into the interior portions of any residence.
9. Automobiles, Boats, and Trailers. Except as expressly hereinafter provided, no boats, recreational vehicles, campers,
3

trailers shall be parked upon or in front of any Lot in a location visible from or within public view. The foregoing restriction shall not be deemed to prevent the washing or polishing of such boats, recreational vehicles, campers, and trailers. Except as expressly hereinafter provided no boats, automobiles, trailers, or motor-driven vehicles of any kind shall be stored, repaired, rebuilt, dismantled, repainted upon any Lot in an area visible from neighboring property or in public view. Such storage or activities may be performed within garages located on the Lot which screen the sight and sound of the activities from neighboring property or from the street. The foregoing restriction shall not be deemed to prevent the ordinary parking of automobiles in garages, carports, or driveways. No commercial vehicles shall be parked at any time on or in front of any Lot in an area visible from neighboring property or in public view, except as such parking is necessary to make commercial pickups and deliveries.
10. Signs. No sign or other advertising device of any nature whatsoever shall be placed or maintained upon any Lot, except neatly painted "For Sale", "For Rent", or "Open for Inspection" and such other signs as may be authorized by the grantor. All signs shall be subject to regulation by the grantor. Its written approval must be obtained before any signs, whether or not authorized herein, may be erected on any Lot. Notwithstanding the foregoing, however, grantor or its designees may erect and maintain upon any lot, or lots such signs and other advertising devices as it may deem necessary in connection with the conduct of its business of development, subdivision, and sale of lots or other real property owned by grantor or its designees and contiguous to the property subject hereto; provided, however, that grantor's rights to conduct such advertising shall expire fifteen (15) years from the date thereof.
11. Nuisances. No noxious, noisesome, or offensive activities shall be carried on upon any lot, nor shall anything be done or kept thereon which may be or become an annoyance or nuisance to the owners or occupants of any one or more neighboring lots.
12. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats, and household pets in reasonable number (not more than five) shall be kept on any lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the owner.
13. Commercial Activity Prohibited. Lots shall not be used for or in connection with the conduct of any trade, business, profession, or commercial activity of any kind or nature whatsoever. No building upon any lot or upon the common area shall be used in the conduct of any real estate business, as in office or otherwise, except that grantor or its designees may maintain model homes and real estate offices for the purpose of selling any lot or lots (improved or unimproved) subject hereto and other real property owned by grantor or persons designated by grantor; provided, however, that the rights of grantor to conduct such commercial activities shall expire fifteen (15) years from the date hereof.
14. Temporary and Outbuilding structures. Except in connection with the preceding paragraph, no trailer, tent, shack, barn or other outbuilding type structure shall be erected or moved onto any Lot either temporarily or permanently. Not temporary residence or structure of any kind shall be maintained on any Lot; provided however, grantor may erect and maintain temporary buildings used for construction and administration purposes incidental to the initial construction of improvement and dwellings within the subdivision.
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15. Membership in Homeowner Association. Any Owner of any Lot within said subdivision shall become a member of the Gilcrease Hills Village Home I Owners Association (hereinafter called "Home Owners Association") by purchasing a Lot within said subdivision or any extended areas developed by grantor, and memberships therein shall be thereafter appurtenant to the ownership of said Lot. One cannot be transferred without the other. Each and every Lot owner shall have an easement to use the facilities of the Home Owners Association, or of the Area Association (hereinafter collectively called "Associations"), subject, however, to the rules and regulations thereof. Membership in the Home Owners Association shall be subject to assessments for the actual cost of maintenance, repair and upkeep for the common areas of the subdivision which shall include, without limitation, the clubhouse, playground, community street lighting, and the common areas and facilities as designated on the overall developmental plan for Gilcrease Hills. Annual assessments for maintenance, repair and upkeep shall be a lien upon any lot of any owner in said subdivision, and shall be subject to enforcement as provided in the Bylaws of the Home Owners Association. The Articles of Incorporation, Bylaws and rules and regulations of the Association may be examined at the Club House office of the Gilcrease Hills Homeowners Association, 1919 W. Seminole, Tulsa, Oklahoma 74127.
16. Compliance with Laws. Each owner shall comply with all laws, statutes, ordinances, rules, and regulations of federal, state or municipal governments or authorities applicable to use, zoning, and occupancy of and construction and maintenance of improvements on the lots and any additions thereto.
17. Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any Lot in the Subdivision, nor shall any exterior addition to or change or alteration therein, or change in the exterior appearance thereof, or change in landscaping be made until specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing as to harmony of exterior design and location in respect to surrounding structures and topography by the grantor or persons designated by the grantor.
18. Approvals, Variances and Waivers. The grantor or persons designated by the grantor shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever, in its opinion, such waiver or variance is in the best interest of the Owners in the Subdivision.
19. Enforcement. Except as expressly otherwise provided herein, each of the Association, or any owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, and charges now or hereafter proposed by the provisions hereof. Failure by the Associations or by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
20. Severability. Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.
21. Amendment. Covenants and restrictions of this Certificate of dedication shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any lot, their legal representatives, heirs, successors, and assigns, for a term of forty (40) years from the date this Certificate of dedication is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Certificate
5

of Dedication may be amended during the first forty (40) year period by an instrument signed by the owners of not less than seventy-five percent (75%) of the lots, and thereafter by an instrument signed by the owners of not less than seventy percent (70%) of the lots. Any such amendment must by duly recorded to be effective.
23. Inapplicability to Property of Public Entity. The provisions hereof shall be inapplicable to any property now owned or hereafter acquired by the State of Oklahoma or any political subdivision thereof.
IN WITNESS WHEREOF, The undersigned, being the grantor herein, has hereunto set its hand and seal this 14th day of November 1977.
GILCREASE HILLS DEVELOPMENT CORPORATION
By George D. Thurman
George D. Thurman, Vice President
ATTEST:
Glen Sams
Asst. Secretary
STATE OF OKLAHOMA)
) ss.
COUNTY OF TULSA )
On this 14th day of November, 1977, before me, the undersigned a Notary Public in and for the County and State aforesaid, personally appeared GEORGE D. THURMAN, to me known to be the identical person who subscribed the name of GILCREASE HILLS DEVELOPMENT CORPORATION to the foregoing Certificate of Dedication as its Vice President, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation, for the uses and purposed therein set forth.
Given under my hand and seal of office the day and year last
above written.
My Commission Expires:
April 15, 1978
(seal)
Notary Public
6

My commission expires:
(SEAL)
CERTIFICATE OF SURVEY
I, the undersigned J. T. Barger, Registered Professional Surveyor, State of Oklahoma, do hereby certify that I have carefully and accurately surveyed the above described real estate and premises dedicated as Gilcrease Hills, Village I, Blocks 15 and 16, a subdivision in Osage County, State of Oklahoma, and that the above plat is a true representation of said survey.
Dated on this 14th day of November, 1977.
J. T. Barger
J. T. Barger, Registered
Land Surveyor
STATE OF OKLAHOMA )
) SS.
County of Tulsa )
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 14th day of November, 1977, personally appeared J. T. Barger, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.
Given under my hand and seal of office the day and year last
above written.
Notary Public
I DO HEREBY CERTIFY THAT THERE ARE NO UNPAID TAXES ON GILCREASE HILLS, VILLAGE I, BLOCKS 15 AND 16.
Osage County Treasurer Given under my hand and seal the day and year last above written.
My commission expires:
September 22, 1978
(Seal)
Notary Public
7

CERTIFICATE OF DEDICATION
OAKTREE POINTE ESTATES
BLOCK 1
KNOW ALL MEN BY THESE PRESENTS:
All of that part of the W/2, NW/4 of Section 27, Township 20 North, Range 12 East, Osage County, Oklahoma, Being more particularly described as follows:
Commencing at the Southwest Corner of said W/2 of NW/4, Section 27; Thence North 00E09'35" East along the West Line thereof, A Distance of 50.00 feet to the point of beginning; Thence North 00E09'35" East, A Distance of 345.00 feet; Thence North 24E06'06" East, A Distance of 107.22 feet; Thence North 59E41'07" East, A Distance of 211.99 feet, Thence South 44E79'05" East, A distance of 118.80 feet, Thence South 75E04'07" East, A Distance of 46.57 feet, Thence south 56E16'54" East, A Distance of 198.44 feet, Thence South 38E15'50" West, A distance of 366.86 feet to a Point of Curvature: Thence along a curve to the right with a Central Angel of 52E32'09" and a Radius of 150.00 feet, A Distance of 137.54 feet, Thence North 89E12'01" West, A Distance of 173.77 feet to the Point of Beginning, containing 4.36 acres, more or less.
And has caused the same to be surveyed, staked, platted and subdivided into lots and blocks and streets, and designated the same as AOaktree Pointe Estates@, a subdivision in Osage County, Oklahoma (hereinafter called the ASubdivision@).
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 of area designated on the above described plat as Alimits@ of access or a provided, however, that points of access or a portion thereof may be released, changed or altered by any amendment hereof with the approval of the governmental authority having jurisdiction thereof.
Grantor further dedicates to the public use forever easements an rights-of-way as shown and designated on said plat for the several purposes of construction, 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 fitting and equipment therefor, including any wires, conduit, pipes, valves, meters, and other appurtenances there to, with the right of ingress and egress upon said easement and rights-of-ways for the use and purposes aforesaid, together with similar rights in each and all of the streets, and alleys shown on said plat; providing, however, that the grantor here reserves the right to construct any and all such utilities and system, and to maintain, operate, repair, remover or replace any and all such utilities and system, together with the right of ingress and egress therefor over, across, and along all of the public streets and alleys shown in said plat and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing said utilities and systems to the subdivision and to any other area.
RESTRICTIONS AND COVENANTS
For the purpose of providing an orderly development of the subdivision and for the purpose of providing adequate restrictive covenants for the mutual benefit of the grantor and its successors in title, grantor does hereby impose the following restrictions
upon said property which constitutes covenants running with the land and which shall be binding upon the grantor, its successors and assigns.
1. Land Use. All lots shall be developed and maintained for residential purposes and such development shall be limited to single family dwellings the ground floor of the main structure of which, exclusive of open porches and garages, is not less than 2300 square feet in total living area for a one-story dwelling, nor less than 2500 square feet in total living area for a one and one-half story dwelling, nor less than 2500 square feet in total living area for a two-story dwelling. All one and a half (1 1/2) or two (2) story structures are required to have not less than 1700 square feet in total living area in the ground floor level.
2. Construction Guidelines. All dwellings erected shall have an attached garage, with storage facilities for at least two cars. 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 color scheme of the building. Asbestos siding and plain concrete block shall not be used as principal exterior material. Roofing materials on all lots shall be restricted to cedar shingles or composition shingles. Composition shingles shall be restricted to weathered wood colors and a minimum weight shall not be less than 240 pound per square. No composition roofing materials shall be used until actual samples showing color, materials and weight have been submitted to and approved in writing by the Gilcrease Home Owners Association.
3. Fencing. No fence shall be placed closer to the front or side street than the building set-back lines shown on said plat. Fencing shall not be more than six feet in height and shall be constructed wholly of wooden materials, except that low decorative fencing that does not exceed three feet in height, may be placed between the building and property line.
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, materials, or bulk materials shall be kept, stored, or allowed to accumulate on any lot except building or other materials to be used in connection with the work of construction, alteration or improvement approved in accordance with the term hereof.
5. Antennas and Rooftop Appliances. No towers, antennas, aerials, or other facilities for the receipt or transmission of radio or television broadcasts or other means or communication shall be erected or maintained or permitted to be erected or maintained on any lot, except by installations inside of structures construed on said lot, or by underground conduits.
6. 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.
7. 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 entry upon a lot or upon any adjoining property shall be repaired at the expense of the owner

whose property was the object of the repair work which caused the same;
(B) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the entered lot; and
(C) In no event shall said easement be deemed to permit entry into the interior portions of any residence.
8. Automobiles, boats, and trailers: Except as expressly hereinafter provided, no boats, recreational vehicle, campers, trailers shall be parked upon or in front of any lot in a location visible from or within public view. The foregoing restriction shall not be deemed to prevent the washing or polishing of such boats, recreational vehicles, campers, and trailers. Except as expressly hereinafter provided no boats, automobiles, trailers or motor-driven vehicles of any kind shall be stored, repaired, rebuilt, dismantled, repainted upon any lot in an area visible from neighboring property or in public view. Such storage or activities may be performed within garages located on the lot which screen the sight and sound of the activity from neighboring property or from the street. The foregoing restriction shall not be deemed to prevent the ordinary parking of automobiles in garages, carports or driveways. No commercial vehicles shall be parked at any time on or in front of any lot in an area visible from neighboring property or from public view, except as such parking is necessary to make commercial pickups and deliveries.
9. Signs. No sign or other advertising device of any nature whatsoever shall be placed or maintained upon any lot, except neatly painted "For Sale", "For Rent", or "Open For Inspection" and such other signs as may be authorized by the grantor. All signs shall be subject to regulation by the grantor and permitted by zoning. Its written approval must be obtained before any signs, whether or not authorized herein may be erected on any lot. Notwithstanding the foregoing, however, grantor or its designees may erect and maintain upon any lot, or any lots such signs and other advertising devices and permitted by zoning as it may deem necessary in connections with the conduct of its business of development, subdivision, and sale of lots owned by grantor or its designees provided, however, that grantor's rights to conduct such advertising shall expire fifteen (15) years from the date thereof.
10. Nuisances. No noxious, noisesome, or offensive activities shall be carried on upon any lot, nor shall anything be done or kept thereon which may be or become annoyance or nuisance to the owner or occupants of any one or more neighboring lots.
11. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats, and household pets in reasonable number (not more than five) shall be kept on any lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the owner.
12. 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 what so ever. No building upon any lot shall be used in the conduct of any real estate business, as any office or otherwise, except that grantor or its designees may subject to zoning requirements, maintain model homes and real estate offices for the purpose of selling lots in this subdivision.
13. Temporary Buildings: Except in connection with the preceding paragraph, no trailer, tent, shack, barn or other outbuilding type structure shall be erected or moved onto any lot either temporarily or permanently. No temporary residence or structure of any kind shall be maintained on any lot, provided, however, grantor may erect and maintain temporary buildings used for construction and administration purposes incidental to the initial construction of improvements and dwelling within the subdivision.

14. Masonry Requirements. Full coverage up to the roof line or lower level coverage on 1 1/2 or 2 level homes (excluding widows and doors) shall be required for brick or natural rock exteriors. The architectural review committee may approve, upon written request, an exception to this provision.
15. Memberships in Homeowner's Association. An owner of any lot within said subdivision shall become a member of the Gilcrease Hills Homeowners Association (hereinafter called "Homeowners Association") by purchasing a lot within said subdivision or any extended areas developed by grantor, and memberships therein shall be thereafter appurtenant to the ownership of said lot. One cannot be transferred without the other. Each and every lot owner shall have an easement to use the facilities of the Homeowners 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 areas and facilities as designated on the overall development plan of 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 the Club House Office of the Gilcrease Hills Homeowners Association, 1919 W. Seminole, Tulsa, Oklahoma 74127.
16. Compliance With Laws. Each owner shall comply with all laws, statutes, ordinances, rules, and regulations of Federal, State or Municipal Governments or authorities applicable to use, zoning, and occupancy or and construction and maintenance of improvements on the lots and any additions thereto.
17 A. Architectural Control - New Construction. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any Lot in the Subdivision, until the building plans 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 with the general architectural style of existing structures within the subdivision by a New Construction Architectural Review Committee composed of three or more members appointed by the Grantor, its successor or the assignee of its right of appointment of the members of the Committee. The New Construction Architectural Review Committee may require as a condition of giving its approval that such plans and specifications shall comply with such condition as the Committee may in the exercise of its reasonable discretion impose as to the type of building materials to be used or other features or characteristics thereof including the finished ground elevation. Should the Committee fail to approve or disapprove such plans or specifications within thirty (30) days after the same have been submitted to it for review then such plans and specifications shall be deemed to have been approved without further action on the part of the Committee. The New Construction Architectural Review Committee shall have the exclusive right to grant approvals required by the Restrictive
Covenants imposed herein and to waive or vary the restrictions in particular aspects whenever in the opinion of the Committee such waiver or variance is in the best interest of the homeowners in the Gilcrease Hills Development.
17 B. Architectural Control - Replacements or Modification.
No existing building or structure within the subdivision may be altered, expanded or modified with respect to the exterior thereof until the plans and specification for such proposed alteration, expansion, or modification have been submitted to and approved by the Architectural Control Committee of the Gilcrease Hills Homeowners Association as provided in Article IX, Architectural Control, of the Bylaws of the Gilcrease Hills Homeowners' Association adopted February 9, 1980 and recorded in Book 609 at

Page 259 in the office of the County Clerk of Osage County, Oklahoma.
18. Approvals, Variances, and Waivers. The grantor or persons designated by the grantor or Gilcrease Hills Homeowners Association Architectural Review Committee shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever, in its opinion, such waiver or variance is in the best interest of the owners in the subdivision.
SECTION IV.
ENFORCEMENT, DURATION AND SEVERABILITY
A. ENFORCEMENT. The restrictions herein set forth are covenants to run with the land and shall be binding upon the owners, their successors and assigns and all parties claiming under them. If the undersigned owners, or their successors or assigns, shall violate any of the covenants herein, it shall be lawful for any persons owning any lot situated within the subdivision or the Gilcrease Hills Homeowners Association, to maintain any action at law or in equity against the person or persons violating or attempting to violate any such covenant, to prevent him or them from so doing or to compel compliance with the covenants or to recover damages for such violations or to pursue other legal remedies as appropriate.
B. DURATION AND AMENDMENT. These covenants shall remain in full force and effect until November 1, 2013 and continue thereafter for successive periods of ten (10) years each.
1. Sections I, II, and IV of these covenants and restrictions may be amended during their duration by an instrument signed by owners of not less than seventy five percent (75%) of the lots within the subdivision, with the consent of the Tulsa Metropolitan Area Planning Commission and the City Council of the City of Tulsa, or their successors or assigns, or as otherwise provided by law. Any such amendment must be duly recorded to be effective. For purposes of amendment, the Grantor, or its successors or assigns, may exercise three (3) votes per unimproved lot owned, for a period of time which shall expire at midnight on December 31, 1995.
2. Section III of these covenants and restrictions may be amended during their duration by an instrument signed by owners of not less than seventy five percent (75%) of the lots within the subdivision. Any such amendment must be duly recorded to be effective. For purposes of amendment, the Grantor, or its successors or assigns, may exercise three (3) votes per unimproved lot owned, for a period of time which shall expire at midnight on December 31, 1995.
C. SEVERABILITY
Invalidation of any restriction set forth herein, or any part thereof, by an order, judgment or decree of any court, or otherwise, shall not invalidate or effect any of the other restrictions or any part thereof set forth herein, which shall remain in full force and effect.
IN WITNESS WHEREOF, F.D.H. Properties, INC., an Oklahoma Corporation, has executed this instrument this 13th day of November, 1992.
SEAL
ATTEST:
Foy C. Howerton
ITS DULY AUTHORIZED
SECRETARY
F.D.H. PROPERTIES, INC.,
AN OKLAHOMA CORPORATION
BY: Richard L. Howerton RICHARD L. HOWERTON, PRES.

Acknowledged November 13th, 1992, by Richard L. Howerton, President, before Marianne Handlan, Notary Public, in and for the COUNTY OF TULSA, STATE OF OKLAHOMA. SEAL My Commission Expires: September 29, 1993.
CERTIFICATE OF SURVEY
I, JEFFREY A. TUTTLE, Surveyor, hereby certify that I have carefully and accurately surveyed, staked and platted the above described tract, and the accompanying plat is a true and correct representation of said survey.
Dated this 13th day of November, 1992.
Jeffrey A. Tuttle
JEFFREY A. TUTTLE
REGISTERED PROFESSIONAL ENGINEER
SEAL AND LAND SURVEYOR
Acknowledged November 13th, 1992, by Jeffrey A. Tuttle, Surveyor, before Marianne Handlan, Notary Public, in and for the COUNTY OF TULSA, STATE OF OKLAHOMA. SEAL My Commission Expires: September 29, 1993.
COUNTY TREASURER'S CERTIFICATE
I, Joyce Hathcoat, Treasurer, do hereby certify that I am the duly elected, qualified, and acting County Treasurer of Osage County, Oklahoma, State of Oklahoma; that the tax records of said County, show that all taxes are paid for the year 1992 and prior years on the land shown on the foregoing plat of Oaktree Point Estates, Osage County, Oklahoma; that the required statutory security, if any, has been deposited in the Office of the County Treasurer.
In Witness Whereof, said County Treasurer has caused the instrument to be executed at Pawhuska, Oklahoma, on this 24th day of November, 1992.
SEAL
RECEIVED NOV 10 1992
TULSA METRO AREA
PLANNING COMM
FINAL PLAT
CERTIFICATE OF APPROVAL
Joyce Hathcoat
Joyce Hathcoat, County Treasurer Osage County, Oklahoma
RECEIVED NOV 13 1992
TULSA METRO AREA
PLANNING COMM.
I hereby certify that this plat was approved by the Tulsa Metropolitan Area Planning Commission on Nov. 4, 1992.
Jay Stump
TMAPC INCOG
This approval is void if this plat is not filed in the Office of the County Clerk on or before: Nov. 4, 1993.
M L Buchert
CITY ENGINEER
APPROVED NOV. 19, 1992 by the Council of the City of Tulsa, Oklahoma.
Robert Nelson
Chairman
M. Susan Savage
Mayor
R L Payne
Attest: City Clerk
Russell Linker
Approved: City Attorney

OAKWOOD VILLAGE
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 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 platted and
subdivided into lots, 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,
1
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
2

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
3

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
4

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.
by
(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
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
5

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
6

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, 1919 W
Seminole St, 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
7

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.
8

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.
ATTEST :
Secretary
STATE OF OKLAHOMA
COUNTY OF OSAGE
GILCREASE HILLS DEVELOPMENT CORPORATION
By Burt H. McIntosh
Vice President
) ss. )
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.
My Commission Expires:
May 4, 1974
Notary Public
CERTIFICATE OF SURVEY
9

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
) ss.
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.
Engineer
STATE OF OKLAHOMA
COUNTY Of TULSA )
My Commission Expires:
September 12, 1974
Dianna W. Henry
NOTARY PUBLIC
1970 Taxes Paid
Frances Mitchell
Osage County Treasurer
10

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
11

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
12

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.
Given under my hand and seal the day and year last above
written.
My Commission Expires:
May 21, 1975
Patricia A. Mallinger
Notary Public
13

CERTIFICATE OF DEDICATION
REMINGTON VILLAGE
GILCREASE HILLS, VILLAGE I, Blocks 1, 2, AND 3
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:
PART OF THE SOUTHWEST 1/4 OF SECTION 27, TOWNSHIP 20 NORTH, RANGE 12 EAST OF THE I.B.M., OSAGE COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SW/4 OF SECTION 27 AS THE POINT OF BEGINNING; THENCE NORTH Oo30'32" EAST ALONG THE WEST LINE OF SAID SW/4 OF SECTION 27 A DISTANCE OF 1322.32 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF THE SW/4 OF SAID SW/4 OF SECTION 27; THENCE SOUTH 89o04'34" EAST A DISTANCE OF 1315.81 FEET TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF THE SW/4 OF SAID SW/4 OF SECTION 27; THENCE SOUTH 0o27'19" WEST A DISTANCE OF 662.59 FEET; THENCE NORTH 89o00'51" WEST A DISTANCE OF 329.11 FEET; THENCE SOUTH 0o28'07" WEST A DISTANCE OF 622.23 FEET TO A POINT TO THE SOUTH LINE OF SAID SW/4 OF SECTION 27; THENCE NORTH 88o57'08" WEST ALONG THE SOUTH LINE OF SAID SW/4 OF SECTION 27 A DISTANCE OF 987.81 FEET TO THE POINT OF BEGINNING,
CONTAINING 35.00 ACRES,
and has caused the same to be surveyed, staked, and platted and subdivided into lots, blocks, and streets, and designated the same as Gilcrease Hills, Village 1, Blocks 1, 2, and 3, 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 governmental authority having jurisdiction thereof.
Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power line and transformers, community antenna television line and amplifiers, gas line and water lines, together with all fittings
1
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 an systems, together with the right of ingress and egress therefore over, across, and along all of the public streets and alleys shown in said plant, 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 said plat and to any other 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 parcel 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 1200 square feet in area for a one-story dwelling, nor less than 1000 square feet in area for a one and one- half story dwelling, nor less than 1000 square feet for a two-story dwelling. No dwelling shall be constructed on any parcel or property containing less than 7,000 square feet.
Certain parcels of the property, identified on said plat as Reserve A through Reserve C, shall be used solely for the purposes of providing pedestrian accessibility to the recreational areas and as utility easement for any and all utilities serving the Gilcrease Hills area. Reserves D and F shall be used solely for the purpose of entryway structures and recreation. 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 lot requires the garage to be detached or at the rear of the lot, or an
2

attached carport, the specification of which conform to the requirements set forth in the Architectural Guidelines of the Gilcrease Hills Area Association. All roof material must be approved by the Architectural Control Committee of the Home Owners Association. Asbestos shingles or siding and plain concrete block shall not be used as a principal exterior material. Colors, materials, and finishes shall be coordinated on all exterior elevation of the buildings to achieve total continuity of design. Gutters and down-spouts are to be painted to match the surface to which attached, unless used as a major design element, in which case the color is to be consistent with the color scheme of the building.
3. Fencing. No fence shall be constructed in front of the front line of any residence or greater than six (6) 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.
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 term 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 the paragraph. Street light poles or standards shall be served by underground cable and elsewhere throughout said addition all supply lines 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, telephone, and communications service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right-of-way easement 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.
3

The supplier of electric, telephone, and/or communications service, through its proper agents and employees, shall at all times have right of access to all such easement ways shown on said plat, or provided or 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, telephone, and communications facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said electric, telephone, and communication 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, telephone, and communications service and the owner of each lot egress to be bound hereby.
6. Antennas and Rooftop Appliances. No towers, antennas, aerials, or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained or permitted to be erected or maintained on any lot, except by installations inside of structures constructed on said lot, or by underground conduits, provided, however, this provision shall not be construed to prohibit the construction of a master antenna tower to be used in connection 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 street.
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 expression 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 elements.
(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 esthetic qualities of the site.
4

(d) Simple palettes of materials and simple composition 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 public view until such day as is designated for collection of such material. All structures, landscaping, and improvements from time to time placed upon the lot in accordance with the terms hereof shall be maintained in good condition and repair at all times. Each Lot shall be subject to an easement for access to make reasonable repairs on adjoining lots and structures thereon; provided, however, that:
(a) Any damage caused by such entry upon a Lot or upon any adjoining property shall be repaired at the expense of the owner whose property was the object of the repair work which caused the same;
(b) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the entered lot; and
(c) In no event shall said easement be deemed to permit entry into the interior portions of any residence.
9. Automobiles, Boats, and Trailers. Except as expressly hereinafter provided, no lot or parcel shall be used as 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, trailers, campers, or motor-driven cycles, together with those activities normally incident or necessary to such washing or polishing. No boat trailer, camper, truck or commercial vehicles
5

shall be parked at any time on or 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, trailers, 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 either 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 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 thereof. 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 reasonable number (not more than five) shall be kept on any lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the owner.
13. Commercial 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 in office or otherwise, except that grantor or its designees may maintain model homes and real estate offices for the purpose of selling any lot or lots (improved or unimproved) subject hereto and other real
6

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 preceding paragraph 1, no temporary residences, structure or shelter of any kind shall be maintained 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 houses upon the whole of the property subject hereto and such other real property owned by grantor or persons designated by grantor.
15. Memberships in Homeowners' Association. An owner of any lot within said subdivision shall become a member of the Gilcrease Hills Village I Homeowners Association by purchasing a lot within said subdivision or any extended areas 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 areas and facilities as designated on the overall developmental plan of 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 the Club House office of the Gilcrease Hills Homeowners Association, 1919 W. Seminole, Tulsa, Oklahoma 74127.
16. Compliance with Laws. Each owner shall comply with all laws, statutes, ordinances, rules, and regulations of federal, state or municipal governments or authorities applicable to use, zoning, and occupancy of and construction and maintenance of improvements on the lots and any additions thereto.
17. Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any of the property subject hereto, nor
7

shall any exterior addition to or change of 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 Guidelines are available at the office of the grantor.
18. Approvals, Variances, and Waivers. The Architectural Control Committee shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever, in its opinion, such waiver or variance is in the best interest of the owner or tenants in the adjoining property.
19. Enforcement. Except as expressly otherwise provided therein, 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. Failure by the Associations or by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
20. Severability. Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.
21. Amendment. Covenants and restrictions of this 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 by 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.
8

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 8th day of July 1971.
ATTEST:
Gail R. Runnels
Secretary
(SEAL)
STATE OF OKLAHOMA)
) SS.
COUNTY OF OSAGE )
GILCREASE HILLS
DEVELOPMENT CORPORATION
Burt McIntosh
Vice President
On this 8th day of July 1971, before me, the undersigned, a Notary Public in and for the County and State aforesaid personally appeared Burt 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.
My commission expires:
May 21, 1975
(SEAL)
William C. White Notary Public
9

CERTIFICATE OF SURVEY
I, the undersigned, ABBIE T. TODD, Registered Land Surveyor in the Sate of Oklahoma, do hereby certify that I have carefully and accurately surveyed and staked the above described real estate and premises dedicated as Gilcrease Hills, Village I, Blocks 1,2, and 3, a subdivision in Osage County, State of Oklahoma, that iron pins have been placed on all corners and that the above plat is a true representation of said survey.
Dated this 8th day of July, 1971
Registered Land Surveyor
STATE OF OKLAHOMA )
) SS.
COUNTY OF OSAGE )
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 8th day of July, 1971, personally appeared Abbie T. Todd , to me known to be the identical person who executed the within and foregoing instrument and acknowledged tome that he executed the same as his free and voluntary act and deal for the uses and purposes set forth.
Given under my hand and seal this day and year last above written
My commission expires:
6\2\75
(Seal)
R.E.
Henderson
Abbie T. Todd
Notary Public
10

CERTIFICATE OF DEDICATION
GILCREASE HILLS, ROUNDTREE VILLAGE, BLOCKS 1 AND 2
* As Amended, September 7, 1990
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:
All that part of the Northwest Quarter (NW/4) of Section 27, Township 20 North, Range 12 East of the Indian Base and Meridian in Osage County, State of Oklahoma, particularly described as follows, to-wit:
Commencing at the Northwest corner of said Northwest Quarter (NW/4); thence South 89037'46" East along the North boundary of said Northwest Quarter (NW/4) a distance of 330.00 feet; thence South 00 09'35" West a distance of 60.00 feet to a point in the Southerly right- of-way line of West Apache Street; said point being the point of Beginning; thence South 89037'46" East along the Southerly right-of-way line of West Apache Street parallel to and 60.00 feet from the North boundary of said Northwest Quarter (NW/4) a distance of 987.72 feet to a point in the West right-of-way line of North Yukon Avenue; thence Southerly along the West right-of-way line of North Yukon Avenue as follows: South 0026'35" West a distance of 245.66 feet; thence Southerly on a curve to the right having a radius of 295.00 feet, a central angle of 63016'04" for a distance of 325.75 feet; thence South 63042'39" West a distance of 250.42 feet; thence Southwesterly on a curve to the left having a radius of 280.00 feet, a central angle of 55027'30" for a distance of 271.02 feet, thence South 8015'09" West a distance of 166.96 feet; thence Southwesterly on a curve to the right having a radius of 900.00 feet, a central angle of 17016'45" for a distance of 271.42 feet; Thence North 32E 06'33" West a distance of 186.99 feet; Thence North 0E09'35" East a distance of 220.00 feet, Thence North
89E37'46" West a distance of 245.00 ft: Thence North 0E09'35" East parallel to and 330.00 feet from the West boundary of said Northwest Quarter (NW/4) of a distance of 880.00 feet to the point of Beginning,
Containing 17.160 Acres.
and has caused the same to be surveyed, staked, platted and subdivided into lots, blocks and street, and designated the same as Gilcrease Hills, Roundtree Village, Blocks 1 and 2 a subdivision in Osage County, Oklahoma (hereinafter called the "subdivision").
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 plant as "limits" of access or a provided, however, that points of access or a portion thereof may be released, changed or altered by an amendment hereof with the approval of the governmental authority having jurisdiction thereof.
Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, community antenna television lines and amplifiers, gas lines and water lines, together with all
1
fittings and equipment therefore, including any wires, conduits, pipes, valves, meters, and other appurtenances thereto, with the right of ingress and egress upon said easement and rights-of-way for the uses and purposes aforesaid, together with similar rights in each and all of the streets and alleys shown on said plat; PROVIDING, HOWEVER, that the grantor here reserves the right to construct any and all such utilities and system, and to maintain, operate, repair, remove or replace any and all such utilities and systems so constructed by grantor, and to authorize the construction; operation and maintenance of any and all such utilities and system, together with the right of ingress and egress therefore over, across, and along all of the public streets and alleys shown in said plat and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing said utilities and systems to the Subdivision and to any other area.
Restrictive Covenants
For the purpose of providing an orderly development of the Subdivision and for the further purpose of providing adequate restrictive covenants for the mutual benefit of the grantor and its successors in title (hereinafter called "Owner" or "Owners") to those parts of the Subdivision numbered on said plat (hereinafter called "Lots"). Grantor does hereby impose the following restrictions and reservation and create the following easements to which it shall be incumbent upon its Owners to adhere, to-wit:
1. Land Use. All lots shall be developed and maintained for residential purposes and such development shall be limited to single family dwellings the ground floor of the main structure of which, exclusive of open porches and garages, is not less than 1700 square feet in area for a one-story dwelling, nor less than 1400 square feet in area for a one and one-half story dwelling, nor less than 1400 square feet for a two-story dwelling. No dwelling shall be constructed on any parcel or property containing less than 7,000 square feet.
Certain parcel of the property, identified on said plat as Reserve A shall be used solely for the purposes of providing pedestrian accessibility and as utility easement for any and all utilities serving the Gilcrease Hills area. Such Reserves shall not be a part of the lots adjacent thereto, but shall be separate parcels.
2. Electrical and Telephonic Utilities, etc. Electrical and telephonic utilities and all community antenna television cables, including all supply line (all of which electrical, telephonic and television installations are hereinafter collectively called "cable facilities") shall be 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, 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 the paragraph. Street light poles or standards shall be served by underground cable. Underground cable facilities 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 service facility to a particular dwelling, the supplier of electric, telephone, and communications service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right-of-way easement 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. Such supplier shall at all times have right of access to all easements granted herein for the purpose of installing, maintaining removing or replacing any portion of its facilities. Each Owner
2

shall be responsible for the protection of the underground cable facilities located on his Lot and shall prevent the alteration of grade or any construction activity which may interfere with said cable facilities. Repairs or costs of relocation required by violation of this covenants shall be paid for by the Owner of such Lot. This covenant shall be enforceable by the suppliers of such cable facilities and the Owner of each Lot agrees to be bound hereby.
* 3. Construction Guidelines. All dwellings erected shall have an attached garage or carport, with storage facilities for at least two cars. 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 color scheme of the building. Asbestos siding and plain concrete block shall not be used as principal exterior material. Roofing materials on all lots shall be restricted to cedar shingles or composition shingles, provided, however, certain now existing and future types of synthetic or natural roofing materials may be used upon the written consent of the Architectural Review Committee of the Gilcrease Hill Homeowner's Association. Composition shingles shall be restricted to a dark grey weathered wood color and shall not be less than a minimum weight of 240 pounds per square. No driveways shall be constructed upon any lot which will permit vehicular ingress and egress to and from North Yukon Avenue. The foregoing restriction shall not apply to Lots 32, 33, and 34 of Block 1.
4. Fencing. No fence shall be placed closer to the front or side street line than the building set-back lines shown on said plat. Fencing shall not be more than six feet in height and shall be constructed wholly of wooden materials, except that low decorative fencing that does not exceed three feet in height, may be placed between the building line and property.
5. Clotheslines and Storage. No clotheslines shall be placed on any lot in a location visible from neighboring property or within the public view. No lumber, metals, or bulk materials shall be kept, stored, or allowed to accumulate on any lot except building or other materials to be used in connection with the work of construction, alteration or improvement approved in accordance with the term hereof.
6. Antennas and Rooftop Appliances. No towers, antennas, aerials, or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained or permitted to be erected or maintained on any lot, except by installations inside of structures constructed on said lot, or by underground conduits.
7. Landscaping guidelines. Each owner shall maintain the slopes on his Lot or parcel at the slope and pitch fixed by the finished grading thereof, including watering and planting of the slopes.
8. Care and Maintenance of Lot. The owner of each lot shall keep the same free from rubbish, litter, and noxious weeds. All trash, garbage, or rubbish and litter shall be kept in containers adequate for the purpose and shall be stored on the lot in such a manner as to be out 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 entry upon a Lot or upon any 3

adjoining property shall be repaired at the expense of the
owner whose property was the object of the repair work which
caused the same;
(b) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the entered lot; and
(c) In no event shall said easement be deemed to permit entry into the interior portions of any residence.
9. Automobiles, Boats, and Trailers. Except as expressly hereinafter provided, no boats, recreational vehicles, campers, or trailers shall be parked upon or in front of any Lot in a location visible from or within public view. The foregoing restriction shall not be deemed to prevent the washing or polishing of such boats, recreational vehicles, campers, and trailers. Except as expressly hereinafter provided no boats, automobiles, trailers or motor-driven vehicles of any kind shall be stored, repaired, rebuilt, dismantled, repainted upon any Lot in an area visible from neighboring property or in public view. Such storage or activities may be performed within garages located on the Lot which screen the sight and sound of the activity from neighboring property or form the street. The foregoing restriction shall not be deemed to prevent the ordinary parking or automobiles in garages, carports or driveways. No commercial vehicles shall be parked at any time on or in front of any lot in an area visible from neighboring property or from public view, except as such parking is necessary to make commercial pickups and deliveries.
10. Signs. No sign or other advertising device of any nature whatsoever shall be placed or maintained upon any Lot, except neatly painted "For Sale", "For Rent", or "Open for Inspection" and such other signs as may be authorized by the Grantor. All signs shall be subject to regulation by the Grantor. Its written approval must be obtained before any signs, whether or not authorized herein, may be erected on any Lot. Notwithstanding the foregoing, however, grantor or its designees may erect and maintain upon any lot, or lots such signs and other advertising devices as it may deem necessary in connection with the conduct of its business of development, subdivision, and sale of lots or other real property owned by grantor or its designees provided, however, that grantor's rights to conduct such advertising shall expire fifteen (15) years from the date hereof.
11. Nuisances. No noxious, noisesome, or offensive activities shall be carried on upon any lot, nor shall anything be done or kept thereon said lot which may be or become an annoyance or nuisance to the owners or occupants of any one or more neighboring lots.
12. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats, and household pets in reasonable number (not more than five) shall be kept on any lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the owner.
13. Commercial 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 in office or otherwise, except that grantor or its designees may maintain model homes and real estate offices for the purpose of selling any lot or lots (improved or unimproved) subject hereto and other real property owned by grantor or persons designated by grantor provided, however, that the rights of grantor to conduct such commercial activities shall expire fifteen (15) years from the date hereof.
4

14. Temporary Buildings. Except in connection with the preceding paragraph, no trailer, tent, shack, barn or other outbuilding type structure shall be erected or moved onto any Lot either temporarily or permanently. No temporary residence or structure of any kind shall be maintained on any lot, provided, however, Grantor may erect and maintain temporary buildings used for construction and administration purposes incidental to the initial construction of improvements and dwellings within the subdivision.
15. Memberships in Homeowners' Association. An owner of any lot within said subdivision shall become a member of the Gilcrease Hills Village II Homeowners Association (hereinafter called "Home Owners Association") by purchasing a lot within said subdivision or any extended areas developed by Grantor, and memberships therein shall be thereafter appurtenant to the ownership of said lot. One cannot be transferred without the other. Each and every lot owner shall have an easement to use the facilities of the Home Owners Association, or of the Gilcrease Hills Area Association, or of the Area Association (hereinafter collectively called "Associations"), 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 areas and facilities as designated on the overall developmental plan of 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 the Club House office of the Gilcrease Hills Homeowners Association, 1919 W. Seminole, Tulsa, Oklahoma 74127.
16. Compliance with Laws. Each owner shall comply with all laws, statutes, ordinances, rules, and regulations of federal, state or municipal governments or authorities applicable to use, zoning, and occupancy of and construction and maintenance of improvements on the lots and any additions thereto.
17. Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any of the property subject hereto, nor shall any exterior addition to or change of alteration therein, or change in the exterior appearance thereof, or change in landscaping be made until specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing as to harmony of exterior design and location in respect to surrounding structures and topography by the Grantor or persons designated by the Grantor
18. Approvals, Variances, and Waivers. The Grantor or persons designated by the Grantor shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever, in its opinion, such waiver or variance is in the best interest of the Owners in the Subdivision.
19. Enforcement. Except as expressly otherwise provided therein, 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. Failure by the Associations or by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
20. Severability. Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any
5

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 seventy-five percent (75%) of the lots, and thereafter by an instrument signed by the owners of not less than seventy percent (70%) of the lots. Any such amendment must by duly recorded to be
effective.
22. 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 9th day of November 1976.
GILCREASE HILLS DEVELOPMENT CORPORATION
By George D. Thurman
Vice President
ATTEST:
Glen Sams
Asst. Secretary
STATE OF OKLAHOMA)
) ss.
COUNTY OF OSAGE )
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 9th day of November, 1976, personally appeared GEORGE D. THURMAN, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the use and purposes therein set forth.
Given under my hand and seal the day and year last above written.
My commission expires:
April 15, 1978
(Seal)
Richard F. Sullivan Notary Public
6

CERTIFICATE OF SURVEY
I, the undersigned, K. N. Cox & Associates, Engineers, State of Oklahoma, do hereby certify that I have carefully and accurately surveyed the above described real estate and premises dedicated as Gilcrease Hills, Roundtree Village, Blocks 1 and 2, a subdivision in Osage County, State of Oklahoma, and that the above plat is a true representation of said survey.
Dated this 9th day of November, 1972.
Jack C. Cox
Jack C. Cox,
Registered Land Surveyor
STATE OF OKLAHOMA)
) SS.
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 9th day of November, 1976, personally appeared JACK C. 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 for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
My commission expires:
April 15, 1978
(Seal)
Notary Public
I DO HEREBY CERTIFY THAT THERE ARE NO UNPAID TAXES ON GILCREASE HILLS, ROUNDTREE VILLAGE, BLOCKS 1 AND 2. OSAGE COUNTY TREASURER.
7

RUSSELL VILLAGE
CERTIFICATE OF DEDICATION
GILCREASE HILLS, VILLAGE II, BLOCKS 4 THRU 8
* As Amended, September 14, 1990 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:
All that part of the NW/4 of Section 27, Township 20 North, Range 12 East of the I.B.M., Osage County, Oklahoma, being more particularly described as follows to-wit:
Commencing at the Northwest Corner of Said NW/4 of Section 27; Thence South 89 73'46" East along the North Line Thereof a Distance of 1749.60 Feet to the Point of Beginning; Thence Continuing South 89 37'46" East along the North Line of Said NW/4 of Section 27 a Distance of 122.93 Feet; Thence South 19 38'55" East a Distance of 152.14 Feet; Thence South 5 00'00" East a Distance of 210.00 Feet; Thence South 45 35'00" West a Distance of 130.00 Feet; Thence South 80 11'27" West a Distance of 140.00 Feet; Thence North 27 17'40" West a Distance of 131.44 Feet; Thence South 62 00'56" West a Distance of 75.65 Feet; Thence North 84 56'35" West a Distance of 114.00 Feet; Thence South 31 40'16" East a Distance of 119.47 Feet; Thence South 56 33'00" West a Distance of 225.00 Feet to a Point of Curvature; Thence South 33 27'00" East a Distance of 0.00 Feet; Thence to the Right along a Curve of Radius 495.00 Feet a Distance of 20.0 Feet; Thence South 31 08'06" East a Distance of 0.00 Feet; Thence North 56 33'00" East a Distance of 120.00 Feet; Thence South 23 54'51" East a Distance of 108.79 Feet; Thence North 71 26'4" East a Distance of 213.59 Feet; Thence South 58 13'50" East a Distance of 164.24 Feet; Thence South 9 00'12" East a Distance of 270.62 Feet; Thence South 13 46'01" East a Distance of 370.00 Feet; Thence South 26 07'41" East a Distance of 272.16 Feet; Thence South 1 13'31" West a Distance of 151.05 Feet; Thence North 72 54'11" West a Distance of 288.00 Feet; Thence North 17 05'49" West a Distance of 401.07 Feet; Thence North 72 30'49" West a Distance of 349.03 Feet; Thence North 13 46'01" West a Distance of 485.00 Feet; Thence North 26 58'45" West a Distance of 210.34 Feet; Thence South 63 42'39" West a Distance of 77.42 Feet; Thence South 26 17'21" East a Distance of 215.00 Feet; Thence South 4 42'32" West a Distance of 486.75 Feet; Thence North 81 15'21" East a Distance of 76.00 Feet; Thence South 26 16'26" East a Distance of 219.80 Feet; Thence South 33 40'41" West a Distance of 157.94 Feet; Thence South 89 26'27" West a Distance of 355.11 Feet; Thence South 22 18'58" West a Distance of 290.00 Feet; Thence South 86 08'44" East a Distance of 182.38 Feet; Thence North 77 17'51" East a Distance of 246.00 Feet; Thence North 72 01'23" East a Distance of 160.60 Feet; Thence South 74 44'11" East a Distance of 197.54 Feet; Thence South 3 54'46" West a Distance of 170.70 Feet; Thence South 36 10'22" West a Distance of 178.73 Feet; Thence North 71 43'24" West a Distance of 104.91 Feet; Thence South 77 17'51" West a Distance of 246.00 Feet; Thence South 50 08'05" West a Distance of 383.53 Feet to a Point of Curvature; Thence South 69 58'56" East a Distance of 0.00 Feet; Thence to the Left on a Curve of Radius 305.00 Feet a Distance of 23.68 Feet; Thence South 74 25'50" East a Distance of 0.00 Feet; Thence North 50 08'05" East a Distance of 366.04 Feet; Thence North 77 17'51" East a Distance of 235.63 Feet; Thence South 71 43'24" East a Distance of 22.00 Feet; Thence
South 15 10'50" East a Distance of 236.89 Feet; Thence South 49 51'33" West a Distance of 170.97 Feet; Thence South 83 07'55" East a Distance of 62.87 Feet to a Point of Curvature; Thence to the Left on a Curve of Radius 1010.00 Feet a Distance of 106.97 Feet to a Point of Tangency; Thence South 89 12'01" East a Distance of 1134.01 Feet to a Point of Curvature; Thence to the Left on a Curve of Radius 50.00 Feet a Distance of 32.17 Feet to a Point of Compound Curvature; Thence North 53 55'48" East a Distance of 0.00 Feet; Thence to the Right on a Curve of Radius 50.00 Feet a Distance of 31.75 Feet to a Point on the East Line of Said NW/4 Section 27; Thence South 0 18'46" West along the East Line of Said NW/4 of Section 27 a Distance of 80.00 Feet to the Southeast Corner Thereof; North 89 12'01" West along the South Line of Said NW/4 of Section 27 a Distance of 1194.28 Feet to a Point of Curvature; Thence to the Right on a Curve of Radius 1070.00 Feet a Distance of 113.33 Feet to a Point of Tangency; Thence North 83 07'55" West a Distance of 483.53 Feet to a Point of Curvature; Thence to the Right on a Curve of Radius 365.00 Feet a Distance of 162.37 Feet to a Point of Tangency; Thence North 57 38'38" West a Distance of 81.99 Feet to a Point of Curvature; Thence to the Right on a Curve of Radius 170.00 Feet a Distance of 103.24 Feet to a Point of Tangency; Thence North 22 50'53" West a Distance of 100.08 Feet to a Point of Curvature; Thence to the Left on a Curve of Radius 97.00 Feet a Distance of 113.42 Feet to a Point of Tangency; Thence North 89 50'25" West a Distance of 35.95 Feet; Thence South 0 9'35" West a Distance of 378.01 Feet to a Point on the South Line of Said NW/4 of Section 27; Thence North 89 12'01" West along the South Line of Said NW/4 of Section 27 a Distance of 60.00 Feet to a Point Being 330.02 Feet Southeasterly from the Southwest Corner Thereof; Thence North 0 09'35" East and Parallel with the West Line of Said NW/4 of Section 27 a Distance of 698.05 Feet; Thence North 89 12'01" West a Distance of 280.02 Feet; Thence North 0 09'35" East Parallel with the West Line of Said NW/4 of Section 27 a Distance of 100.01 Feet; Thence South 89 12'01" East a Distance of 173.77 Feet to a Point of Curvature; Thence to the Left on a Curve of Radius 150.00 Feet a Distance of 137.54 Feet to a Point of Tangency; Thence North 38 15'50" East a Distance of 366.86 Feet to a Point of Curvature; Thence to the Left on a Curve of Radius 900.00 Feet a Distance of 471.42 Feet to a Point of Tangency; Thence North 8 15'09" East a Distance of 166.96 Feet to a Point of Curvature; Thence to the Right on a Curve of Radius 280.00 Feet a Distance of 271.02 Feet to a Point of Tangency; Thence North 63 42'39" East a Distance of 250.42 Feet to a Point of Curvature; Thence to the Left on a Curve of Radius 295.00 Feet a Distance of 325.75 Feet to a Point of Tangency; Thence North 0 26'35" East a Distance of 245.66 Feet; Thence South 89 37'46" East and Parallel to the North Line of Said NW/4 of Section 27 a Distance of 0.15 Feet to a Point of Curvature; Thence to the Left on a Curve of Radius 1581.72 Feet a Distance of 437.05 Feet to a Point on the North Line of Said NW/4 of Section 27, Being the Point of Beginning. Containing 51.70 Acres.
And has caused the same to be surveyed, staked and platted and subdivided into lots, blocks, and streets, and designated the same as Gilcrease Hills, Village II, Block 4 thru 8, 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 governmental authority having jurisdiction thereof.
Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, community antenna television lines and amplifiers, gas lines and water lines, together with all fittings and equipment therefore, including any wires, conduits, pipes, valves, meters, and other appurtenances thereto, with the right of ingress and egress upon said easement and rights-of-way for the uses and purposes aforesaid, together with similar rights in each and all of the streets and alleys shown on said plat; PROVIDING, HOWEVER, that the grantor here reserves the right to construct any and all such utilities and 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 all of the public streets and alleys shown in said plat and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing said utilities and systems to the area included in said plat and to any other use.
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 parcel 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 1600 square feet in area for a one-story dwelling, nor less than 1400 square feet in area for a one and one-half story dwelling, nor less than 1400 square feet for a two-story dwelling. No dwelling shall be constructed on any parcel or property containing less than 7,000 square feet.
Certain parcels of the property, identified on said plat as Reserve A through Reserve J, shall be used solely for the purposes of providing accessibility to the Block-1 Paseo to Gilcrease Hills, Village II ("Paseo") adjacent to the lots and streets shown on said plat 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. All dwellings erected shall have an attached garage or carport, with storage facilities for at least two cars. Colors, materials, and finishes shall be coordinated on all exterior elevations 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 major design element, in which case the color is to be consistent with the color scheme of the building. Asbestos siding and plain concrete block shall not be used as a principal exterior material. Roofing materials on all lots shall be

restricted to cedar shingles or composition shingles, provided, however, certain now existing and future types of synthetic or natural roofing material may be used upon the written consent of the Architectural Review Committee of the Gilcrease Hills Homeowner's Association. Composition shingles shall be restricted to a dark grey weathered wood color and shall not be less than a minimum weight of 240 pounds per square.
3. Fencing. No fence shall be constructed in front of the front line of any residence on any lot in this Addition. Side lot fences shall be no more than six (6) feet in height and may be constructed from any materials deemed appropriate by the Architectural Committee, 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 the Paseo shall be no more than five (5) feet in height, shall not be painted and shall be of the type fencing known as "grape stake vertical picket fencing" Nothing in this covenant shall be construed to prevent the construction of a "privacy" fence of no more than six (6) feet in height around a patio area no larger than ten (10) feet by twenty (20) feet, provided, however, 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 term 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 the paragraph. Street light poles or standards shall be served by underground cable and elsewhere throughout said addition all supply lines 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, telephone, and communications 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.
6. Antennas and Rooftop Appliances. No towers, antennas, aerials, or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained or permitted to be erected or maintained on any lot, except by installations inside of struc- tures 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 connection 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 street.

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 expression 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 elements.
(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 esthetic qualities of the site.
(d) Simple palettes of materials and simple composition 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 entry upon a Lot or upon any adjoining property shall be repaired at the expense of the owner whose property was the object of the repair work which caused the same;
(b) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the
entered lot; and
(c) In no event shall said easement be deemed to permit entry into the interior portions of any residence.
9. Automobiles, Boats, and Trailers. Except as expressly hereinafter provided, no Lot shall be used as 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 storage or the performance of any activity thereon such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting, servicing of any kind, except as hereinafter provided. Such storage or activities may be performed within 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, trailers, campers, or motor-driven cycles, together with those activities normally incident or necessary to such washing or polishing, nor shall it be deemed to prevent the parking and storage of motor vehicles, boats, trailers or motor-driven cycles in any carport located on

any Lot with the subdivision. No boat, trailer, camper, truck, or commercial vehicles shall be parked at any time on or in front of any Lot in an area visible from adjoining property or in the public view, except as such parking is necessary to make commercial deliveries. All such motor vehicles, boats, trailers, campers, or motor-driven cycles which are stored in a completely enclosed garage or other structure may be stored by an adequate type of six (6) 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, or lots such signs and other advertising devices as it may deem necessary in connection with the conduct of its business of development, subdivision, and sale of lots or other real property owned by grantor or its designees and contiguous to the property subject hereto; provided, however, that grantor's rights to conduct such advertising shall expire fifteen (15) years from the date thereof. 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, 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 reasonable number (not more than five) shall be kept on any lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the owner.
13. Commercial 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 in office or otherwise, except that grantor or its designees may maintain model homes and real estate offices for the purpose of selling any lot or lots (improved or unimproved) subject hereto and other real property owned by grantor or persons designated by grantor 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 preceding paragraph 13, no temporary residence, structure or shelter of any kind shall be maintained 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 drawings 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 Homeowner’s Association. An owner of any lot within said subdivision shall become a member of the Gilcrease Hills Village I Homeowners Association by purchasing a lot within said subdivision or any extended areas 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 areas and facilities as designated on the overall developmental plan of 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 the Club House office of the Gilcrease Hills Homeowners Association, 1919 W. Seminole, Tulsa, Oklahoma 74127.
16. Compliance with Laws. Each owner shall comply with all laws, statutes, ordinances, rules, and regulations of federal, state or municipal governments or authorities applicable to use, zoning, and occupancy of and construction and maintenance of improvements on the lots and any additions thereto.
17. Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any of the property subject hereto, nor shall any exterior addition to or change of 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 Guidelines are available at the office of the grantor.
18. Approvals, Variances, and Waivers. The Architectural Control Committee shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever, in its opinion, such waiver or variance is in the best interest of the Owners in the Subdivision.
19. Enforcement. Except as expressly otherwise provided therein, 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. Failure by the Associations or by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
20. Severability. Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.
21. Amendment. Covenants and restrictions of this 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 by 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 5th day of January 1971.
GILCREASE HILLS DEVELOPMENT CORPORATION
By Burt McIntosh
Vice President
ATTEST:
Edward. Leonard
Secretary
STATE OF OKLAHOMA)
) ss.
COUNTY OF TULSA )
On this 5th day of January, 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 at 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.

My Commission Expires:
May 4, 1974
(SEAL)

CERTIFICATE OF DEDICATION EAST SADDLEBACK VILLAGE
GILCREASE HILLS, VILLAGE II, BLOCKS 13 THRU 16
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 part of the S/2 of the SE/4 of Section 22 and the NE/4 of Section 27, Township 20 North, Range 12 East, of the I.B.M., Osage County, Oklahoma, being more particularly described as follows, to wit:
Commencing at the Sw Corner of the Se/4 of Said Section 22, Thence South 88-23-46 East along the South Line of Said Se/4 a Distance of 86.13 Feet; Thence North 1-36-14 East a Distance of 665.49 Feet to the Point of Beginning; Thence North 48-58-33 East a Distance of 437.52 Feet to a Point of Curvature; Thence along a Curve to the Right with a Radius of 2028.97 Feet and a Central Angle of 24- 55-29 a Distance of 882.64 Feet; Thence South 26-08-43 East a Distance of 627.74 Feet; Thence South 1-24-48 West a Distance of 169.29 Feet; Thence North 88-35-12 West a Distance of 266.97 Feet; Thence North 26-08-43 West a Distance of 85.00 Feet; Thence South 63-51-17 West a Distance of 89.08 Feet; Thence South 0-54-33 West a Distance of 109.61 Feet Thence South 33-30-00 East a Distance of 671.55 Feet; Thence South 9-00-27 West a Distance of 228.16 Feet; Thence Due West a Distance of 208.98 Feet; Thence North 35-29-37 West a Distance of 149.06 Feet; Thence North 22-12-25 West a Distance of 142.10 Feet; Thence South 89-21-17 West a Distance of 302.96 Feet; Thence South 6-59-32 East a Distance of 53.78 Feet; Thence South 44-28-17 East a Distance of 218.15 Feet Thence South 30-00-00 East a Distance of 159.58 Feet Thence South 65-00-00 East a Distance of 232.09 Feet; Thence South 30-30-03 East a Distance of 380.00 Feet; Thence South 14-00-00 West a Distance of 142.44 Feet; Thence South 78-00-00 Wet a Distance of 254.26 Feet; Thence South 1-46-19 West a Distance of 441.22 Feet; Thence North 88-13-41 West a Distance of 300.00 Feet Thence North 1-46-19 East a Distance of 409.07 Feet; Thence North 22-00-00 West a Distance of 233.94 Feet; Thence North 0-38-43 West a Distance of 51.15 Feet; Thence South 89-21-17 West a Distance of 30.00 Feet; Thence South 0-38-43 East a Distance of 380.00 Feet; Thence South 89-21-17 West a Distance of 160.12 Feet; Thence North 74-44-53 West a Distance of 219.34 Feet Thence North 15-15-07 East a Distance of 262.64 Feet to a Point of Curvature; Thence along a Curve to the Left with a Radius of 1460.00 Feet and a Central Angle of 15-53-50 a Distance of 405.09 Feet; Thence North 0-38-43 West a Distance of 397.14 Feet to a Point of Curvature; Thence along a Curve to the Left with a Radius of 580.00 Feet and a Central Angle of 40-22-44 a Distance of 408.75 Feet; Thence North 41E01;27" West a Distance of 327.26 Feet to the Point of Beginning.
Containing 47.37 Acres, more of less.
Less and except the following described tract located in the SE/4 of Section 22, Township 20 North, Range 12 East, of the I.B.M., Osage County, Oklahoma, being more particularly described as follows, to wit:
1
Commencing at the SW Corner of said SE/4 of said Section 22, thence South 88-23-46 East a distance of 86.13 feet; thence North 1-36-14 East a distance of 665.49 feet; thence north 48-58-33 East a distance of 261.09 feet to the point of beginning; thence South 0-13-50 West a distance of 210.00 feet; thence South 88-23-45 East a distance of 207.45 feet; thence North 0-13-50 East a distance of 210.00 feet; thence North 88-23-45 West a distance of 207.45 feet to the point of beginning.
Containing 1.00 Acres, more or less.
The net area of the above described real estate designated as Gilcrease Hills, Village II, Blocks 13 through 16 is 46.37 Acres, more or less.
and has caused the same to be surveyed, staked, platted and subdivided into lots, blocks, and streets and designated the same as Gilcrease Hills, Village II, Blocks 13 through 16, a subdivision in Osage County, Oklahoma (hereinafter called "the Subdivision").
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 governmental authority having jurisdiction thereof.
Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, community antenna television lines and amplifiers, gas lines and water lines, together with all fittings and equipment therefore, including any wires, conduits, pipes, valves, meters, and other appurtenances thereto, with the right of ingress and egress upon said easement and rights-of-way for the uses and purposes aforesaid, together with similar rights in each and all of the streets and alleys shown on said plat; PROVIDING, HOWEVER, that the grantor here reserves the right to construct any and all such utilities and system, and to maintain, operate, repair, remove or replace any and all such utilities and systems so constructed by grantor, and to authorize the construction; operation and maintenance of any and all such utilities and system, together with the right of ingress and egress therefore over, across, and along all of the public streets and alleys shown in said plat and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing said utilities and system to the area included in said plat and to any other area.
Restrictive Covenants
For the purpose of providing an orderly development of the Subdivision and for the further purpose of providing adequate restrictive covenants for the mutual benefit of the Grantor and its successors in title (hereinafter called "Owner" or "Owners") to those parts of the Subdivision numbered on said plat (hereinafter called "lots"), Grantor does hereby impose the following restrictions and reservations and create the following easements to which it shall be incumbent upon Owners to adhere, to wit:
1. Land Use. All lots shall be developed and maintained for residential purposes and such development shall be limited to single family dwellings the ground floor of the main structure of
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which, exclusive of open porches and garages, is not less than 1600 square feet in area for a one-story dwelling, nor less than 1400 square feet in area for a one and one-half story dwelling, nor less than 1400 square feet for a two-story dwelling. No dwelling shall be constructed on any parcel or property containing less than 7,000 square feet.
Certain parcels of the property, identified on said plat as Reserve A through Reserve E, shall be used solely for the purposes of providing pedestrian accessibility to the recreational areas and as utility easement for any and all utilities serving the Gilcrease Hills area. Such Reserves shall not be a part of the lots adjacent thereto, but shall be separate parcels.
2. Construction Guidelines. All dwellings erected shall have an attached garage or carport, with storage facilities for at least two cars. 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 color scheme of the building. Asbestos siding and plain concrete with color shall not be used as principal exterior material. Roofing materials on all lots shall be restricted to cedar shingles or composition shingles, provided, however, certain now existing and future types of synthetic or natural roofing materials may be used upon written consent of the Architectural Review Committee of the Gilcrease Hills Homeowner's Association. Composition shingles shall be restricted to a dark grey weathered wood color and shall not be less than a minimum weight of 240 pounds per square.
3. Fencing. No fence of any type shall be placed closer to the front of any lot than the building set back line, and no fence shall be more than six feet in height. All fencing shall be constructed wholly of wooden materials.
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 term hereof.
5. Electrical and Telephonic Utilities, etc. Electrical and telephonic utilities and all community antenna television cables, including all supply lines (all of which electrical, telephonic and television installation are hereinafter collectively called "cable facilities"), shall be located underground 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; 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 the paragraph. Street light poles or standards shall be served by underground cable. Underground 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 cable facility to a particular dwelling, the supplier of such service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right-of-way easement said lot, covering a five-foot strip extending 2.5 feet on each side of such cable, extending from the service pedestal or transformer to the service entrance on said dwelling. Such supplier shall at all times have rights of access to all easement granted herein for the purpose of installing, maintaining, removing or replacing any portion of its facilities. Each owner shall be responsible for the protection for the underground cable facilities located on his Lot and shall prevent the alteration of ground or any construction activity which may interfere with said cable facilities. Repairs or cost of relocation, required by violation of this covenant, shall be paid for by the owner of the lot. This covenant shall be enforceable by the supplier of such cable facilities and the owner of each lot agrees to be bound hereby.
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6. Antennas and Rooftop Appliances. No towers, antennas, aerials, or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained or permitted to be erected or maintained on any lot, except by installations inside of structures constructed on said lot, or by underground conduits, provided, however, this provision shall not be construed to prohibit the construction of a master antenna tower to be used in connection 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 street.
7. Landscaping guidelines. Each owner shall maintain the slopes on his Lot or parcel at the slope and pitch fixed by the finished grading thereof, including watering and planting of the slopes.
8. Care and Maintenance of Lot. The owner of each lot shall keep the same free from rubbish, litter, and noxious weeds. All trash, garbage, or rubbish and litter shall be kept in containers adequate for the purpose and shall be stored on the lot in such a manner as to be out public view until such day as is designated for collection of such material. All structures, landscaping, and improvements from time to time placed upon the lot in accordance with the terms hereof shall be maintained in good condition and repair at all times. Each Lot shall be subject to an easement for access to make reasonable repairs on adjoining lots and structures thereon; provided, however, that:
(a) Any damage caused by such entry upon a Lot or upon any adjoining property shall be repaired at the expense of the owner whose property was the object of the repair work which caused the same;
(b) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the entered lot; and
(c) In no event shall said easement be deemed to permit entry into the interior portions of any residence.
9. Automobiles, Boats, and Trailers. Except as expressly hereinafter provided, no Lot 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 storage or the performance of any activity thereon such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting, servicing of any kind, except as hereinafter provided. Such storage or activities may be performed within 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 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, trailers, campers, or motor-driven cycles, together with those activities normally incident or necessary to such washing or polishing, nor shall it be deemed to prevent the parking and storage of motor vehicles, boats, trailers or motor- driven cycles in any carport located on any Lot with the subdivision. No boat, trailer, camper, truck, or commercial vehicles shall be parked at any time on or in front of any Lot in an area visible from adjoining property or in the public view, except as such parking is necessary to make commercial deliveries.
All such motor vehicles, boats, trailers, campers, or motor-driven cycles which are stored or parked on any lot or parcel and which are not stored or parked in a completely enclosed garage or other
4

structure may be stored or parked on a side lot area and screened from public view either by an adequate type of six (6) 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" and such other signs as may be authorized by the Architectural Committee. All signs shall be subject to regulation by the Architectural Control Committee. Its written approval must be obtained before any signs, whether or not authorized herein, may be erected on any Lot. Notwithstanding the foregoing, however, grantor or its designees may erect and maintain upon any lot, or lots such signs and other advertising devices as it may deem necessary in connection with the conduct of its business of development, subdivision, and sale of lots or other real property owned by grantor or its designees and contiguous to the property subject hereto; provided, however, that grantor's rights to conduct such advertising shall expire fifteen (15) years from the date thereof.
11. Nuisances. No noxious, noisesome, or offensive activities shall be carried on upon any lot, nor shall anything be done or kept thereon which may be or become an annoyance or nuisance to the Owners or occupants of any one or more neighboring Lots.
12. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats, and household pets in reasonable number (not more than five) shall be kept on any lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the owner.
13. Commercial 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 Buildings. Except in connection with the preceding paragraph 13, no temporary residence, structure or shelter of any kind shall be maintained on any lot, nor shall any lot be used for residence purposes; provided, however, grantor may erect and maintain temporary buildings used only for construction and administration purposes incidental to the initial construction of improvements and dwellings within the Subdivision. All temporary buildings permitted hereunder shall be promptly removed upon the completion of the original sale of Lots or house in the Subdivision property owned by grantor or persons designated by grantor.
15. Memberships in Homeowners' Association. An owner of any lot within said subdivision shall become a member of the Gilcrease Hills Village I Homeowners Association by purchasing a lot within said subdivision or any extended areas 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
5

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 areas and facilities as designated on the overall developmental plan of 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 the Club House office of the Gilcrease Hills Homeowners Association, 1919 W. Seminole, Tulsa, Oklahoma 74127.
16. Compliance with Laws. Each Owner shall comply with all laws, statutes, ordinances, rules, and regulations of federal, state or municipal governments or authorities applicable to use, zoning, and occupancy of and construction and maintenance of improvements on the Lots and any additions thereto.
17. Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any Lot in the Subdivision, nor shall any exterior addition to or change or alteration therein, or change in the exterior appearance thereof, or change in landscaping be made until specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing as to harmony of exterior design and location in respect to surrounding structures and topography by the Grantor or persons designated by Grantor.
18. Approvals, Variances, and Waivers. The Architectural Control Committee shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever, in its opinion, such waiver or variance is in the best interest of the Owners in the Subdivision.
19. Enforcement. Except as expressly otherwise provided therein, 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. Failure by the Associations or by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
20. Severability. Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.
21. Amendment. Covenants and restrictions of this 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 by duly recorded to be effective.
23. Inapplicability to Property of Public Entity. The provisions hereof shall be inapplicable to any property now owned or hereafter acquired by the State of Oklahoma or any political subdivision thereof.
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IN WITNESS WHEREOF, The undersigned, being the grantor herein, has hereunto set its hand and seal this 6th day of May 1974.
GILCREASE HILLS DEVELOPMENT CORPORATION
By George D. Thurman
Vice President
ATTEST:
Linda Williams
Asst. Secretary
STATE OF OKLAHOMA)
) ss.
COUNTY OF TULSA )
On this 6th day of May, 1974, before me, the undersigned, a Notary Public within and for the County and State aforesaid, personally appeared GEORGE D. THURMAN, to me known to be the identical person who subscribed the name of GILCREASE HILLS DEVELOPMENT CORPORATION to the foregoing Certificate of Dedication as its Vice President, and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation, for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above
written.
My commission expires:
May 17, 1977
(Seal)
Frances J. Thomas Notary Public
CERTIFICATE OF SURVEY
I, the undersigned, ABBIE T. TODD, Registered Land Surveyor in the State of Oklahoma, do hereby certify that I have carefully and accurately surveyed the above described real estate and premises dedicated as Gilcrease Hills, Village II, Blocks 13 thru 16, a subdivision in Osage County, State of Oklahoma, and that the above plat is a true representation of said survey.
Dated this 6th day of May, 1974.
STATE OF OKLAHOMA)
) SS.
COUNTY OF TULSA )
Abbie T. Todd
Registered Land Surveyor
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 6th day of May, 1974, personally appeared ABBIE T. TODD, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
Frances J. Thomas
Notary Public
My commission expires:
7

May 17, 1977
(Seal)
I do hereby certify there are no unpaid taxes on Gilcrease Hills Village II. Blocks 13 thru 16. Nezzie Horn - Osage County Treasurer
8

SOUTH SADDLEBACK
CERTIFICATE OF DEDICATION
GILCREASE HILLS, VILLAGE II, PART OF BLOCK 18,
BLOCK 19 AND PART OF BLOCK 20
KNOW ALL MEN BY THESE PRESENTS:
That GILCREASE HILLS DEVELOPMENT CORPORATION, an Oklahoma
Corporation (hereinafter sometimes call "grantor"), is the owner
of the following described real estate:
A part of the N/2 of Section 27, T2ON, R12E, of the I.B.M., Osage
County, Oklahoma being more particularly described as follows,
to-wit:
Commencing at the SW Corner of NE1/4 Section 27, T2ON, R12E,
thence South 88-37-23 East along the South line of said NE1/4, a
distance of 902.93 feet; thence North 1-22-37 East a distance of
199.56 feet tot he point of beginning, thence North 69-06-26 East
a distance of 143.64 feet; thence North 59-37-24 west a distance
of 332.94 feet; thence North 3-08-06 West a distance of 384.40
feet to a point on a curve; thence North 79-10-10 West a distance
of 0.00 feet to a point of curvature thence along a curve to the
right with a radius of 600.00 feet and a central angle of 14-04-
39 a distance of 147.42 feet; thence North 24-54-29 East a
distance of 60.00 feet; thence South 65-05031 East a distance of
0.00 feet to a point of curvature; thence along a curve to the
left with a radius of 540.00 feet and a central angel of 12-29-19
a distance of 117.70 feet; thence North 3-08-06 West a distance
of 170.46 feet; thence North 60-47-34 East a distance of 138,42
feet; thence due East a distance of 148.04 feet; thence South 28-
42-17 East a distance of 71.92 feet; thence North 61-17-43 East a
distance of 215.43 feet; thence South 80-00-00 East a distance of
124.83 feet; thence North 0-39-25 East a distance of 117.89 feet;
thence North 46-43-01 East a distance of 151.68 feet thence South
84-32-30 Eat a distance of 205.91 feet; thence South 14-10-32
East a distance of 57.17 feet; thence South 27-06-02 East a
distance of 550.87 feet; thence South 18-06-07 East a distance of
300.57 feet; thence South 77-58-53 West a distance of 189.64
feet; thence South 53-37-46 West a distance of 439.15 feet;
thence North 36-22-14 West a distance of 135.00 feet; thence
South 53-37-46 West a distance of 103.10 feet; thence South 59-
35-33 West a distance of 163.73 feet; thence South 83-07-18 West
a distance of 199.69 feet; thence North 12-44-32 West a distance
of 288.90 feet to the point of beginning.
Containing 28.24 acres, more or less.
and has caused the same to be surveyed, staked, platted and
subdivided into lots, blocks, and streets, and designated the
1

same as Gilcrease Hills, Village II, Part of Block 18, Block 19,
and Part of Block 20, a subdivision in Osage County, Oklahoma
(hereinafter called the "subdivision").
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 plant as "limits" of access or
a provided, however, that points of access or a portion thereof
may be released, changed or altered by an amendment hereof with
the approval of the governmental authority having jurisdiction
thereof.
Grantor further dedicates to the public use forever
easements and rights-of-way as shown and designated on said plat
for the several purposes of constructing, maintaining, operating,
repairing, removing, and replacing any and all public utilities,
including storm and sanitary sewers, telephone lines, electric
power lines and transformers, community antenna television lines
and amplifiers, gas lines and water lines, together with all
fittings and equipment therefor, including any wires, conduits,
pipes, valves, meters, and other appurtenances there
to, with the right of ingress and egress upon said easement and
rights-of-way for the uses and purposes aforesaid, together with
similar rights in each and all of the streets and alleys shown on
said plat; PROVIDING, HOWEVER, that the grantor here reserves the
right to construct any and all such utilities and system, and to
maintain, operate, repair, remove or replace any and all such
utilities and systems so constructed by grantor, and to authorize
the construction; operation and maintenance of any and all such
utilities and system, together with the right of ingress and
egress therefor over, across, and along all of the public streets
and alleys shown in said plat and over, across and along all
strips of land included within the easements shown thereon, both
for the purpose of furnishing said utilities and system to the
area included in said plat and to any other use.
Restrictive Covenants
as amended
* August 3, 1977 and October 27, 1989
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 f the grantor and
its successors in title in the subdivision of said tract,
2

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 shall be developed and maintained
for residential purposes and such development shall be limited to
detached single family dwellings the ground floor of the main
structure of which, exclusive of open porches and garages, is not
less than 1600 square feet in area for a one-story dwelling, nor
less than 1,400 square feet in area for a one and one-half story
dwelling, nor less than 1,400 square feet for a two-story
dwelling. No dwelling shall be constructed on any parcel or
property containing less than 7,000 square feet.
Certain parcels of the property, identified on said plat as
Reserve A through Reserve C, shall be used solely for the
purposes of providing pedestrian accessibility and as utility
easement for any and all utilities serving the Gilcrease Hills
area. Such Reserves shall not be a part of the lots adjacent
thereto, but shall be separate parcels.
2. Electrical and Telephonic Utilities, etc. Electrical
and telephonic utilities and all community antenna television
cables, including all supply line (all of which electrical,
telephonic and television installations are hereinafter
collectively called "cable facilities"), shall be located
underground in the easements hereinbefore dedicated for such
purposes. All electric transformers and service pedestals shall
be located in the said easements as locations approved by the
Grantor; they shall be of the on-ground, weatherproof, completely
enclosed type. All existing utility lines, poles, transformers
and appurtenances shall be excepted from the provisions of this
paragraph. Street light poles or standards shall be served by
underground cable. Underground cable facilities to a particular
dwelling may be run form the nearest service pedestal or
transformer to the point of usage determined by the location and
construction of the dwelling, provided that upon the installation
of such cable facilities to a particular dwelling the supplier of
such service shall thereafter by deemed to have a definitive,
permanent, effective and exclusive right-of-way easement on said
Lot, covering a five-foot strip extending 2.5 feet on each side
of such cable facility, extending from the service pedestal or
transformer to the service entrance on said dwelling. Such
supplier shall at all times have right of access to all easements
granted herein for the purpose of installing maintaining,
removing or replacing any portion of it s facilities. Each Owner
shall be responsible for the protection of the underground cable
facilities located on his Lot and shall prevent the alteration of
grade or any construction activity which may interfere with said
cable facilities. Repairs or costs of relocation required by
violation of this covenants shall be paid for by the Owner of
3

such Lot. This covenant shall be enforceable by the suppliers of
such cable facilities and the Owner of each Lot agrees to be
bound thereby.
* 3. Construction Guidelines. All dwellings shall have an
attached, garage or carport, with storage facilities for at least
two cars. Colors, materials and finishes shall be coordinated on
all exterior elevations 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. Asbestos shingles and plain
concrete block shall not be used as a principal exterior
material. No vehicular driveways shall be constructed upon any
lot which will permit vehicular ingress and egress to and from
West Tecumseh Place or North Olympia Avenue. Roofing materials
on all lots shall be restricted to cedar shingles or composition
shingles, provided however, certain now existing and future types
of synthetic or natural roofing materials may be used upon the
written consent of the Architectural Review Committee The
Gilcrease Hills Homeowners' Association. Composition shingles
shall be restricted to the dark grey weathered wood color and
minimum weight shall not be less than 240 pounds per square.
Notwithstanding the foregoing provisions, the composition
shingled roof now existing as of the date of this amendment
located on Lot 13, Block 18, shall be deemed permitted, provided,
however, any subsequent re-roofing of the dwelling on Lot 13,
Block 18, shall meet the roofing requirement above set forth.
4. Fencing. No fencing of any type shall be placed closer
to the front or side street line than the building set-back lines
shown on said plat. Fencing shall not be more than six feet in
height and shall be constructed wholly of wooden materials,
except that low decorative fencing that does not exceed three
feet in height, may be placed between the building line and
property line.
5. Clotheslines and storage. No clotheslines shall be
placed on any lot in a location visible from neighboring property
or within the public view. No lumber, metals, or bulk materials
shall be kept, stored, or allowed to accumulate on any lot or the
common area, except building or other materials to be used in
connection with the work of construction, alteration or
improvement approved in accordance with the term hereof.
6. Antennae and Rooftop Aerials. No towers, antennas,
aerials, or other facilities for the reception or transmission of
radio or television broadcasts or other means of communication
shall be erected or maintained or permitted to be erected or
maintained on any lot , except by installations inside of struc-
tures constructed on said lot, or by underground conduits.
7. Landscaping Guidelines. Each owner shall maintain the
4

slopes on his Lot or parcel at the slope and pitch fixed by the
finished grading thereof including watering and planting of the
slopes.
8. Care and Maintenance of Lot. The owner of each lot shall
keep the same free from rubbish, litter, and noxious weeds. All
trash, garbage, or rubbish and litter shall be kept in containers
adequate for the purpose and shall be stored on the lot in such a
manner as to be out public view until such day as is designated
for collection of such material. All structures, landscaping, and
improvements from time to time placed upon the lot in accordance
with the terms hereof shall be maintained in good condition and
repair at all times. Each Lot shall be subject to an easement for
access to make reasonable repairs on adjoining lots and
structures thereon; provided, however, that:
(a) Any damage caused by such entry upon a Lot or upon any
adjoining property shall be repaired at the expense of the
owner whose property was the object of the repair work which
caused the same;
(b) Any such entry shall be made only at reasonable times
and with as little inconvenience as possible to the owner of
the entered lot; and
(c) In no event shall said easement be deemed to permit
entry into the interior portions of any residence.
9. Automobiles, Boats, and Trailers. Except as expressly
hereinafter provided, no boats, recreational vehicles, campers,
trailers shall be parked upon or in front of any Lot in a
location visible from or within public view. The foregoing
restriction shall not be deemed to prevent the washing or
polishing of such boats, recreational vehicles, campers, and
trailers. Except as expressly hereinafter provided no boats,
automobiles, trailers, or motor-driven vehicles of any kind shall
be stored, repaired, rebuilt, dismantled, repainted upon any Lot
in an area visible from neighboring property or in public view.
Such storage or activities may be performed within garages
located on the Lot which screen the sight and sound of the
activities from neighboring property or from the street. The
foregoing restriction shall not be deemed to prevent the ordinary
parking of automobiles in garages, carports, or driveways. No
commercial vehicles shall be parked at any time on or in front of
any Lot in an area visible from neighboring property or in public
view, except as such parking is necessary to make commercial
pickups and deliveries.
10. Signs. No sign or other advertising device of any nature
whatsoever shall be placed or maintained upon any Lot, except
neatly painted "For Sale", "For Rent", or "Open for Inspection"
and such other signs as may be authorized by the grantor. All
5

signs shall be subject to regulation by the grantor. Its written
approval must be obtained before any signs, whether or not
authorized herein, may be erected on any Lot. Notwithstanding
the foregoing, however, grantor or its designees may erect and
maintain upon any lot, or lots such signs and other advertising
devices as it may deem necessary in connection with the conduct
of its business of development, subdivision, and sale of lots or
other real property owned by grantor or its designees and
contiguous to the property subject hereto; provided, however,
that grantor's rights to conduct such advertising shall expire
fifteen (15) years from the date thereof.
11. Nuisances. No noxious, noisesome, or offensive
activities shall be carried on upon any lot, nor shall anything
be done or kept thereon which may be or become an annoyance or
nuisance to the owners or occupants of any one or more
neighboring lots.
12. Animals. No animals, livestock, poultry, bees, or other
insects, except domestic dogs, cats, and household pets in
reasonable number (not more than five (5) shall be kept on any
lot. Household pets shall not be kept, bred, or raised for
commercial purposes. No animal shall be permitted to run loose
unless accompanied by or under the control of the owner.
13. Commercial Activity Prohibited. Lots shall not be used
for or in connection with the conduct of any trade, business,
profession, or commercial activity of any kind or nature
whatsoever. No building upon any lot or upon the common area
shall be used in the conduct of any real estate business, as in
office or otherwise, except that grantor or its designees may
maintain model homes and real estate offices for the purpose of
selling any lot or lots (improved or unimproved) subject hereto
and other real property owned by grantor or persons designated by
grantor; provided, however, that the rights of grantor to conduct
such commercial activities shall expire fifteen (15) years from
the date hereof.
14. Temporary and Outbuilding structures. Except in
connection with the preceding paragraph, no trailer, tent, shack,
barn or other outbuilding type structure shall be erected or
moved onto any Lot either temporarily or permanently. No
temporary residence or structure of any kind shall be maintained
on any Lot; provided however, grantor may erect and maintain
temporary buildings used for construction and administration
purposes incidental to the initial construction of improvement
and dwellings within the subdivision.
15. Membership in Homeowner Association. Any Owner of any
Lot within said subdivision shall become a member of the
Gilcrease Hills Village II Home Owners Association (hereinafter
called "Home Owners Association ") by purchasing a Lot within
6

said subdivision or any extended areas developed by grantor, and
memberships therein shall be thereafter appurtenant to the
ownership of said Lot. One cannot be transferred without the
other. Each and every Lot owner shall have an easement to use
the facilities of the Home Owners Association, or of the Area
Association (hereinafter collectively called "Associations"),
subject , however, to the rules and regulations thereof.
Membership in the Home Owners Association shall be subject to
assessments for the actual cost of maintenance, repair and upkeep
for the common areas of the subdivision which shall include,
without limitation, the clubhouse, playground, community street
lighting, and the common areas and facilities as designated on
the overall developmental plan for Gilcrease Hills. Annual
assessments for maintenance, repair and upkeep shall be a lien
upon any lot of any owner in said subdivision, and shall be
subject to enforcement as provided in the Bylaws of the Home
Owners Association. The Articles of Incorporation, Bylaws and
rules and regulations of the Association may be examined at the
Club House office of the Gilcrease Hills Homeowners Association,
1919 W. Seminole, Tulsa, Oklahoma 74127.
16. Compliance with Laws. Each owner shall comply with all
laws, statutes, ordinances, rules, and regulations of federal,
state or municipal governments or authorities applicable to use,
zoning, and occupancy of and construction and maintenance of
improvements on the lots and any additions thereto.
17. Architectural Control. No building, residence, fence,
wall, or other structure or landscaping shall be commenced,
erected, or maintained upon any Lot in the Subdivision, nor shall
any exterior addition to or change or alteration therein, or
change in the exterior appearance thereof, or change in
landscaping be made until specification showing the nature,
kind, shape, height, materials, color, and location of the same
shall have been submitted to and approved in writing as to
harmony of exterior design and location in respect to surrounding
structures and topography by the grantor or persons designated by
the Grantor.
18. Approvals, Variances, and Waivers. The Grantor or
persons designated by the Grantor shall have the exclusive right
to grant approvals required by the restriction and to waive or
vary the restrictions in particular aspects whenever, in its
opinion, such waiver or variance is in the best interest of the
Owners in the Subdivision.
19. Enforcement. Except as expressly otherwise provided
herein, each of the Associations, or any owner shall have the
right to enforce, by any proceedings at law or in equity, all
restrictions, conditions, covenants, reservations, and charges
now or hereafter proposed by the provisions hereof. Failure by
the Associations or by any owner to enforce any covenants or
restrictions herein contained shall in no event be deemed a
7

waiver of the right to do so thereafter.
20. Severability. Invalidation of any one of the covenants
or restrictions by judgement or court order shall in no way
affect any other provisions which shall remain in full force and
effect.
21. Amendment. Covenants and restrictions of this
Certificate of dedication shall run with and bind the land, and
shall inure to the benefit of and be enforceable by the
Association, or the owner of any lot, their legal
representatives, heirs, successors, and assigns, for a term of
forty (40) years from the date this Certificate of dedication is
recorded, after which time said covenants shall be automatically
extended for successive periods of ten (10) years. The covenants
and restrictions of this Certificate of dedication may be amended
during the first forty (40) year period by an instrument signed
by the owners of not less than seventy-five (75%) of the lots,
and thereafter by an instrument signed by the owners of not less
than seventy percent (70%) of the lots. Any such amendment must
by duly recorded to be effective.
23. Inapplicability to Property of Public Entity. The
provisions hereof shall be inapplicable to any property now owned
or hereafter acquired by the State of Oklahoma or any political
subdivision thereof.
IN WITNESS WHEREOF, The undersigned, being the grantor
herein, has hereunto set its hand and seal this 1st day of
December 1976.
ATTEST:
Asst. Secretary
(SEAL)
STATE OF OKLAHOMA)
) ss.
COUNTY OF TULSA )
GILCREASE HILLS DEVELOPMENT CORPORATION
By George D. Thurman
Vice President
On this 1st day of December, 1976, before me, the
undersigned a Notary Public in and for the County and State
aforesaid, personally appeared GEORGE D. THURMAN, to me known to
be the identical person who subscribed the name of GILCREASE
8

HILLS DEVELOPMENT CORPORATION to the foregoing Certificate of
Dedication as its Vice President, and acknowledged to me that he
executed the same as his free and voluntary act and deed and as
the free and voluntary act and deed of such corporation, for the
uses and purposed therein set forth.
Given under my hand and seal of office the day and year last
above written.
My Commission Expires:
April 15, 1978
(seal)
Notary Public
CERTIFICATE OF SURVEY
I, the undersigned Abbie T. Todd, Registered Land Surveyor,
State of Oklahoma, do hereby certify that I have carefully and
accurately surveyed the above described real estate and premises
dedicated as Gilcrease Hills, Village II, Part of Block 18,
Block 19 and Part of Block 20, a subdivision in Osage County,
State of Oklahoma, and that the above plat is a true
representation of said survey.
Dated on this 1st day of December, 1976
Abbie T. Todd
STATE OF OKLAHOMA )
) SS.
County of Tulsa )
Before me, the undersigned, a Notary Public within and for
the State of Oklahoma, on this 1st day of December, 1976,
personally appeared Abbie T. Todd, to me known to be the
identical person who executed the within and foregoing
instrument, and acknowledged to me that he executed the same as
his free and voluntary act and deed for the uses and purposes
therein set forth.
Given under my hand and seal of office the day and year last
above written.
9

My commission expires:
April 15, 1978
I do hereby certify that there are no unpaid taxes on
Gilcrease Hills, Village II, Part of Block 18, Block 19 and Part
of Block 20.
Notary Public
10

WEST SADDLEBACK VILLAGE
CERTIFICATE OF DEDICATION
GILCREASE HILLS, VILLAGE II, BLOCKS 11 AND 12
KNOWN ALL MEN BY THESE PRESENTS:
That the GILCREASE HILLS DEVELOPMENT CORPORATION, an Oklahoma Corporation (hereinafter called "grantor") is the owner of the following described real estate:
A part of the N/2 of Section 27 and the S/2 of Section 22, Township 20 North, Range 12 East, of the I.B.M., Osage County, Oklahoma, being more particularly described as follows, to wit;
Commencing at the southeast corner of the SW/4 of said Section 22; thence North 0-13-50 East a distance of 663.24 feet; thence South 89-46-10 East a distance of 102.06 feet to the point of beginning; thence South 41- 01-27 East a distance of 327.26 feet to a point of curvature; thence along a curve to the right with a radius of 580.00 feet and a central angle of 40-22-44 a distance of 408.75 feet; thence South 0-38-43 East a distance of 397.13 feet to a point of curvature; thence along a curve to the right with a radius of 1,460.00 feet and a central angle of 15-53-50 a distance of 405.09 feet; thence South 15-15-07 West a distance of 396.77 feet to a point of curvature; thence along a curve to the left a radius of 540.00 feet and a central angle of 36-00-00 a distance of 339.29 feet; thence South 69-15-07 West a distance of 60.00 feet; thence North 20-44-53 West a distance of 0.00 feet to a point of curvature; thence along a curve to the right with a radius of 600.00 feet and a central angle of 25-23-19 a distance of 265.87 feet: thence North 87-33-33 West distance of 450.00 feet;
thence North 65-02-44 West a distance of 115.92 feet: thence due North a distance of 170.9 feet; thence North 46-50-57 East a distance of 178.71 feet; thence South 80- 39-44 East a distance of 185.00 feet; thence North 15-15- 07 East a distance of 275.73 feet; thence South 75-25-18 West a distance of 42.11 feet; thence South 51-54-51 West a distance of 315.00 feet; thence North 44-55-32 West distance of 151.07 feet: thence North 31-14-45 West a distance of 151.07 feet; thence North 51-54-51 East a distance of 498.92 feet; thence South 89-21-17 west a distance of 67.44 feet; thence North 15-24-48 West a distance of 181.48 feet; thence North 37-24-57 East a distance of 204.44 feet; thence North 89-21-17 East a distance of 80.00 feet; thence North 14-45-38 West a distance of 153.38 feet; thence South 48-58-33 West a
1
distance of 563.00 feet; thence North 30-00-00 West a distance of 358.81 feet; thence North 62-14-17 East a distance of 0.00 feet to a point of curvature; thence along a curve to the left with a radius of 1,581.72 feet and a central angle of 13-15-44 a distance of 366.13 feet; thence North 48-58-33 East a distance of 496.53 feet to the point of beginning; Containing 27.19 acres, more or less
and has caused the same to be surveyed, staked, platted and subdivided into lots, blocks, and streets, and designated the same as Gilcrease Hills, Village II, Blocks 11 and 12, a subdivision in Osage County, Oklahoma (hereinafter called "the subdivision').
Easement Grants
The grantor hereby dedicates for public use all the streets as shown on said plat. No vehicular ingress and egress shall be permitted over, through, and across any property or area designated on the above described plat as "limits" of access or a provided, however, that points of access or a portion thereof may be released, changed or altered by an amendment hereof with the approval of the governmental authority having jurisdiction thereof.
Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, community antenna television lines and amplifiers, gas lines and water lines, together with all fittings and equipment therefore, including any wires, conduits, pipes, valves, meters, and other appurtenances thereto, with the right of ingress and egress upon said easement and rights-of-way for the uses and purposes aforesaid, together with similar rights in each and all of the streets and alleys shown on said plat; PROVIDING, HOWEVER, that the grantor here reserves the right to construct any and all such utilities and system, and to maintain, operate, repair, remove or replace any and all such utilities and systems so constructed by grantor, and to authorize the construction; operation and maintenance of any and all such utilities and system, together with the right of ingress and egress therefore over, across, and along all of the public streets and alleys shown in said plat and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing said utilities and system to the area included in said plat and to any other use.
Restrictive Covenants
For the purpose of providing an orderly development of the entire tract and for the further purpose of providing adequate
2

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 parcel 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 1600 square feet in area for a one-story dwelling, nor less than 1400 square feet in area for a one and one- half story dwelling, nor less than 1400 square feet for a two-story dwelling. No dwelling shall be constructed on any parcel or property containing less than 7,000 square feet.
Certain parcels of the property, identified on said plat as Reserve A through Reserve D, shall be used solely for the purposes of providing pedestrian accessibility to the recreational areas and as utility easement for any and all utilities serving the Gilcrease Hills area. Such Reserves shall not be a part of the lots adjacent thereto, but shall be separate parcels, 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 lot requires the garage to be detached or at the rear of the lot, or an attached carport, the specification of which conform to the requirements set forth in the Architectural Guidelines of the Gilcrease Hills Area Association. All roof material must be approved by the Architectural Control Committee of the Home Owners Association. Asbestos shingles or siding and plain concrete block shall not be used as a principal exterior material. Colors, materials, and finishes shall be coordinated on all exterior elevation of the buildings to achieve total continuity of design. Gutters and down spouts are to be painted to match the surface to which attached, unless used as a major design element, in which case the color is to be consistent with the color scheme of the building.
3. Fencing. As set forth in Paragraph 18. Architectural Control, hereof, erection or maintenance of any fence or wall shall be approved by the Architectural Control Committee. No fence shall be constructed in front of the front line of any residence or greater than six (6) feet in height; the rear fifteen (15) feet of all side lot fencing and the rear lot fencing of any lot the rear of which shall abut common, recreational, Paseo, or green belt areas and the side lot fencing of any lot the side of which abuts such areas shall be no greater than five (5) feet in height; all
3

fencing shall be of the type known as "grape stake vertical picket fencing"; and the same shall be maintained unpainted. Nothing in this covenant shall be construed to prevent the construction of a "privacy fence no greater than six (6) feet in height around a patio area not larger than ten (10) feet by twenty (20) feet; provided, however, that no part of such "privacy fence" shall be nearer the rear of the lot than fifteen (15) feet. Variations in materials or coloring of any fencing may be approved in writing by the Architectural Control Committee.
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 term 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 the paragraph. Street light poles or standards shall be served by underground cable and elsewhere throughout said addition all supply lines 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, telephone, and communications service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right-of-way easement 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, telephone, and/or communications service, through its proper agents and employees, shall at all times have right of access to all such easement ways shown on said plat, or provided or 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, telephone, and communications facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said electric,
4

telephone, and communication 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, telephone, and communications service and the owner of each lot egress to be bound hereby.
6. Antennas and Rooftop Appliances. No towers, antennas, aerials, or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected or maintained or permitted to be erected or maintained on any lot, except by installations inside of structures constructed on said lot, or by underground conduits, provided, however, this provision shall not be construed to prohibit the construction of a master antenna tower to be used in connection 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 street.
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 expression 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 elements.
(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 esthetic qualities of the site.
(d) Simple palettes of materials and simple composition 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.
5

8. Care and Maintenance of Lot. The owner of each lot shall keep the same free from rubbish, litter, and noxious weeds. All trash, garbage, or rubbish and litter shall be kept in containers adequate for the purpose and shall be stored on the lot in such a manner as to be out public view until such day as is designated for collection of such material. All structures, landscaping, and improvements from time to time placed upon the lot in accordance with the terms hereof shall be maintained in good condition and repair at all times. Each Lot shall be subject to an easement for access to make reasonable repairs on adjoining lots and structures thereon; provided, however, that:
(a) Any damage caused by such entry upon a Lot or upon any adjoining property shall be repaired at the expense of the owner whose property was the object of the repair work which caused the same;
(b) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the entered lot; and
(c) In no event shall said easement be deemed to permit entry into the interior portions of any residence.
9. Automobiles, Boats, and Trailers. Except as expressly hereinafter provided, no Lot 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 storage or the performance of any activity thereon such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting, servicing of any kind, except as hereinafter provided. Such storage or activities may be performed within 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 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, trailers, campers, or motor-driven cycles, together with those activities normally incident or necessary to such washing or polishing, nor shall it be deemed to prevent the parking and storage of motor vehicles, boats, trailers or motor- driven cycles in any carport located on any Lot with the subdivision. No boat, trailer, camper, truck, or commercial vehicles shall be parked at any time on or in front of any Lot in an area visible from adjoining property or in the public view, except as such parking is necessary to make commercial deliveries.
All such motor vehicles, boats, trailers, campers, or motor-driven cycles which are stored or parked on any lot or parcel and which are not stored or parked in a completely enclosed garage or other structure may be stored or parked on a side lot area and screened from public view either by an adequate type of six (6) foot fencing as provided in paragraph 3 hereof or by landscaping; provided,
6

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" and such other signs as may be authorized by the Architectural Committee. All signs shall be subject to regulation by the Architectural Control Committee. Its written approval must be obtained before any signs, whether or not authorized herein, may be erected on any Lot. Notwithstanding the foregoing, however, grantor or its designees may erect and maintain upon any lot, or lots such signs and other advertising devices as it may deem necessary in connection with the conduct of its business of development, subdivision, and sale of lots or other real property owned by grantor or its designees and contiguous to the property subject hereto; provided, however, that grantor's rights to conduct such advertising shall expire fifteen (15) years from the date thereof.
11. Nuisances. No noxious, noisesome, or offensive activities shall be carried on upon any lot, nor shall anything be done or kept thereon which may be or become an annoyance or nuisance to the owners or occupants of any one or more neighboring lots.
12. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats, and household pets in reasonable number (not more than five) shall be kept on any lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the owner.
13. Commercial 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 in office or otherwise, except that grantor or its designees may maintain model homes and real estate offices for the purpose of selling any lot or lots (improved or unimproved) subject hereto and other real property owned by grantor or persons designated by grantor 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 Buildings. Except in connection with the preceding paragraph 13, no temporary residence, structure or shelter of any kind shall be maintained on any lot, nor shall any
7

lot be used for residence purposes; provided, however, grantor may erect and maintain temporary buildings used only for construction and administration purposes incidental to the initial construction of improvements and dwellings within the Subdivision. All temporary buildings permitted hereunder shall be promptly removed upon the completion of the original sale of Lots or house in the Subdivision property owned by grantor or persons designated by grantor.
15. Memberships in Homeowners' Association. An owner of any lot within said subdivision shall become a member of the Gilcrease Hills Village I Homeowners Association by purchasing a lot within said subdivision or any extended areas 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 areas and facilities as designated on the overall developmental plan of 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 the Club House office of the Gilcrease Hills Homeowners Association, 1919 W. Seminole, Tulsa, Oklahoma 74127.
16. Compliance with Laws. Each owner shall comply with all laws, statutes, ordinances, rules, and regulations of federal, state or municipal governments or authorities applicable to use, zoning, and occupancy of and construction and maintenance of improvements on the lots and any additions thereto.
17. Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any of the property subject hereto, nor shall any exterior addition to or change of 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 Guidelines are available at the office of the grantor.
18. Approvals, Variances, and Waivers. The Architectural 8

Control Committee shall have the exclusive right to grant approvals required by the restrictions and to waive or vary the restrictions in particular aspects whenever, in its opinion, such waiver or variance is in the best interest of the Owners in the Subdivision.
19. Enforcement. Except as expressly otherwise provided therein, 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. Failure by the Associations or by any owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter.
20. Severability. Invalidation of any one of the covenants or restrictions by judgement or court order shall in no way affect any other provisions which shall remain in full force and effect.
21. Amendment. Covenants and restrictions of this 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 by 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 30th day of October 1972.
GILCREASE HILLS DEVELOPMENT CORPORATION
9

ATTEST:
Linda Williams
Asst. Secretary
STATE OF OKLAHOMA)
) ss.
COUNTY OF OSAGE )
By Burt McIntosh
Vice President
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 30th day of October, 1972, personally appeared ABBIE T. TODD, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the use and purposes therein set forth.
Given under my hand and seal the day and year last above written.
My commission expires:
September 22, 1978
(Seal)
Notary Public
10

CERTIFICATE OF SURVEY
I, the undersigned, ABBIE T. TODD, Registered Land Surveyor in the State of Oklahoma, do hereby certify that I have carefully and accurately surveyed the above described real estate and premises dedicated as Gilcrease Hills, Village II, Blocks 11 and 12, a subdivision in Osage County, State of Oklahoma, and that the above plat is a true representation of said survey.
Dated this 30th day of October, 1972.
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 30th day of October, 1972, personally appeared ABBIE T. TODD, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth.
Given under my hand and seal the day and year last above written.
Abbie T. Todd
Registered Land Surveyor
STATE OF OKLAHOMA)
) SS.
COUNTY OF OSAGE )
My commission expires:
September 22, 1975
(Seal)
Burt McIntosh
Notary Public
1971 TAXES PAID
11

12

SUMMERTREE VILLAGE
CERTIFICATE OF DEDICATION
GILCREASE HILLS, VILLAGE II, PART OF BLOCK 18, BLOCK 20
AND BLOCKS 21 - 25: * As Amended, January 19, 1984,
June 8, 1984, January 26, 1987
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, situated in the W 1/2, SE 1/4 and S 1/2, NE
1/4 and SE 1/4, NW 1/4 of Section 27, T2ON, Rl2E, of the Indian
Base and Meridian, said tract being more particularly described
by metes and bounds as follows, to-wit :
Beginning at the NW Corner of the SE 1/4, Section 27, Township 20 North, Range 12 East: thence North 0E 19' 46"E East a distance of 60'00": thence North 89E13'01" West a distance of 30.00';thence North 0E18'46" East a distance of 310.20', to a point of curvature: thence along said curve to the right having a central angle of 44E20'47" a radius of 380.00', a distance of 294.12': thence North 44E39'33" East a distance of 0.00' to a point of curvature: thence along said curve to the left having a central angle of 16E03'01" a radius of 600' a distance of 168.08': thence South 29E49'07" East a distance of 250.23': thence South 2E24'19" West a distance of 149.27': thence South 58E38'47" West a distance of 224.76': thence North 32E28'24" West a distance of 404.08': thence South 44E39'33"
West a distance of 170.93' to a point of curvature: thence along said curve to the left having a central angle of 44E20'4" a radius of 320.00' a distance of 247.68': thence South 83E08'42" East a distance of 213.37 feet: thence South 23E23'47" East a distance of 171.42 feet: thence South 3E00'19" East a distance of 197.70 feet:
thence South 9E14'41" East a distance of 130.30 feet: thence North
63E26'59' East distance of 92.40 feet: thence South 89E43'32" East a distance of 278.01 feet: thence South 21E52'40" East a distance of 292.79 feet: thence South 54E36'14" East a distance of 114.67 feet: thence South 80E39'26" East a distance of 234.77 feet: thence South 0E57'04" East a distance of 105.00 feet to a point: thence North 89E02'56' East a distance of 0.00 feet to a point of curvature: thence along said curve to the left having a central angle of 49E38'18' a radius of 275.00' a distance of 238.25 feet thence North 39E24'38" East a distance of 56.49 feet to a point of curvature: thence along said curve to the right having a central angle of 8E59'42" a radius of 125.00', a distance of 51.02 feet: thence North 54E56'10' West a distance of 265.35 feet: thence North 22E42'44" West of distance of 196.76 feet: thence North 83E07'18" East of distance of 40.68 feet: thence North 59E35'33" East a distance of 163.73 feet: thence North 53E37'46" East a distance of 103.10 feet: thence South 36E22'14" East a distance 135.00 feet: thence North 53E37'46' East a distance of 439.15 feet: thence North 77E58'53" East a distance of 189.64 feet: thence South 10E58'27" East a distance of 504.22 feet: thence South 19E53'07" East a distance of 135.13 feet: thence South 59E49'33" West a distance of 212.94 feet: thence South 70E11'32" West a distance of 60.00 feet to a point: thence North 19E48'28" West a distance of 0.00 feet to a point of
1
curvature: thence along said curve to the left having a central angle of 41E11'32" a radius of 251.63 feet a distance of 180.91 feet; thence North 61E00'00" West a distance of 75.00 feet to a
point of curvature: thence along said curve to the right having a central radius of 488.08 feet a distance of 59.80 feet; thence South 38E57'20" West a distance of 12.20 feet to a point of curvature: thence along said curve to the right having a central angle of 21E13'58" a radius of 291.75 feet a distance of 108.12 feet: thence South 60E11'18" West a distance of 106.87 feet to a point of curvature : thence along said curve to the left having a central angle of 20E46'40" a radius of 275.00 feet a distance of 99.73 feet; thence South 39E24'38" West a distance of 56.49 feet to a point of curvature: thence along said curve to the right having a central angle of 16E09'20" a radius of 325.00 feet a distance of 91.64 feet: thence South 30E01'23" East a distance of 11.82 feet to a point of curvature: thence along said curve to the right having a central angle of 22E55'16" a radius of 271.63 feet a distance of 108.67 feet to a point of compound curvature; thence along said curve to the right having a central angle of 8E57'12" a radius of 210.00 feet a distance of 12.82 feet; thence South 89E24'54" East a distance of 144.36 feet: thence South 17E24'44" East a distance of 189.48 feet; thence South 29E59'24" West a distance of 124.59 feet; thence South 56E10'22" West a distance of 251.28 feet; thence North 19E41'19" West a distance of 249.03 feet to a point; thence South 74E31'35" West a distance of 0.00 feet to a point curvature; thence along said curve to the right having a central angle of 21E10'25" a radius of 210.00 feet a distance of 77.61 feet; thence North 84E18'00" West a distance of 289.00 feet to a point of curvature: thence along said curve to the right having a central angle of 19E40'54" a radius of 370.00 feet a distance of 177.42 feet: thence North 64E34'06" West a distance of 43.90 feet to a point of curvature: thence along said curve to left having a central angle of 24E13'55" a radius of 137.66 feet: thence North 88E48'01" West a distance of 231.30 feet to a point of curvature: thence along said curve to the right having a central angle of 55E14'57" a radius of 178.00 feet a distance of 171.64 feet: thence North 89E35'54" West a distance of 180.35 feet, thence North 8E24'06" East a distance of 741.47 feet to the point of beginning and containing 17.6 acres more or less,
and has caused the same to be surveyed, staked, platted and
subdivided into lots, blocks, and streets, and designated the
same as Gilcrease Hills, Village II, Part of Block 18, Block 20,
and Blocks 21 - 25, a subdivision in Osage County, Oklahoma
(hereinafter called "the subdivision").
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 plant as "limits" of access or
a provided, however, that points of access or a portion thereof
may be released, changed or altered by an amendment hereof with
the approval of the governmental authority having jurisdiction
thereof.
Grantor further dedicates to the public use forever
easements and rights-of-way as shown and designated on said plat
for the several purposes of constructing, maintaining, operating,
repairing, removing, and replacing any and all public utilities,
including storm and sanitary sewers, telephone lines, electric
power lines and transformers, community antenna television lines
2

and amplifiers, gas lines and water lines, together with all
fittings and equipment therefor, including any wires, conduits,
pipes, valves, meters, and other appurtenances there
to, with the right of ingress and egress upon said easement and
rights-of-way for the uses and purposes aforesaid, together with
similar rights in each and all of the streets and alleys shown on
said plat; PROVIDING, HOWEVER, that the grantor here reserves the
right to construct any and all such utilities and system, and to
maintain, operate, repair, remove or replace any and all such
utilities and systems so constructed by grantor, and to authorize
the construction; operation and maintenance of any and all such
utilities and system, together with the right of ingress and
egress therefor over, across, and along all of the public streets
and alleys shown in said plat and over, across and along all
strips of land included within the easements shown thereon, both
for the purpose of furnishing said utilities and system to the
area included in said plat and to any other use.
Restrictive Covenants
as amended:
* January 19, 1984, June 8, 1984 & January 26, 1987
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 f 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 shall be developed and maintained
for residential purposes and such development shall be limited to
detached single family dwellings the ground floor of the main
structure of which, exclusive of open porches and garages, is not
less than 1000 square feet. All square footage requirements are
to be figured on measurements over masonry of the ground floor.
Certain parcels of the property, identified on said plat as
Reserve A through Reserve E, shall be used solely for the
purposes of providing pedestrian accessibility and as utility
easement for any and all utilities serving the Gilcrease Hills
area. Such Reserves shall not be a part of the lots adjacent
thereto, but shall be separate parcels the ownership of which
shall ultimately be vested in the Gilcrease Hills Area
Association (hereinafter called 'Area Association') or a
successor corporation thereto.
2. Electrical and Telephonic Utilities, etc. Electrical
and telephonic utilities and all community antenna television
cables, including all supply line (all of which electrical,
telephonic and television installations are hereinafter
collectively called "cable facilities"), shall be located
underground in the easements hereinbefore dedicated for such
purposes. All electric transformers and service pedestals shall
be located in the said easements as locations approved by the
Grantor; they shall be of the on-ground, weatherproof, completely
enclosed type. All existing utility lines, poles, transformers
and appurtenances shall be excepted from the provisions of this
paragraph. Street light poles or standards shall be served by
underground cable. Underground cable facilities to a particular
dwelling may be run form the nearest service pedestal or
transformer to the point of usage determined by the location and
construction of the dwelling, provided that upon the installation
of such cable facilities to a particular dwelling the supplier of
such service shall thereafter by deemed to have a definitive,
permanent, effective and exclusive right-of-way easement on said
Lot, covering a five-foot strip extending 2.5 feet on each side
of such cable facility, extending from the service pedestal or
3

transformer to the service entrance on said dwelling. Such
supplier shall at all times have right of access to all easements
granted herein for the purpose of installing maintaining,
removing or replacing any portion of it s facilities. Each Owner
shall be responsible for the protection of the underground cable
facilities located on his Lot and shall prevent the alteration of
grade or any construction activity which may interfere with said
cable facilities. Repairs or costs of relocation required by
violation of this covenants shall be paid for by the Owner of
such Lot. This covenant shall be enforceable by the suppliers of
such cable facilities and the Owner of each Lot agrees to be
bound thereby.
* 3. Construction Guidelines. All dwellings shall have an
attached, garage or carport, with storage facilities for at least
two cars. Colors, materials and finishes shall be coordinated on
all exterior elevations 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. Asbestos shingles or siding
and plain concrete block shall not be used as a principal
exterior material. Roofing materials on all lots shall be
restricted to cedar shingles or composition shingles .
Composition shingles shall be restricted to weathered wood colors
and minimum weight shall not be less than 240 pounds per square.
No composition roofing materials shall be used until actual
samples showing color, materials and weight have been submitted
to and approved in writing by the New Construction Architectural
Review Board as set out in Paragraph 17 of the Certificate of
Dedication as amended. No driveways shall be constructed upon
any lot which will permit vehicular ingress and egress to Olympia
Avenue or Union Avenue.
4. Fencing. No fencing of any type shall be placed closer
to the front or side street line than the building set-back lines
shown on said plat. Fencing shall not be more than six feet in
height and shall be constructed wholly of wooden materials,
except that low decorative fencing that does not exceed three
feet in height, may be placed between the building line and
property line. As set out in paragraph 17 hereof, erection or
maintenance of any fence shall be approved by the Architectural
Control Committee.
5. Clotheslines and storage. No clotheslines shall be
placed on any lot in a location visible from neighboring property
or within the public view. No lumber, metals, or bulk materials
shall be kept, stored, or allowed to accumulate on any lot or the
common area, except building or other materials to be used in
connection with the work of construction, alteration or
improvement approved in accordance with the term hereof.
6. Antennae and Rooftop Aerials. No towers, antennas,
aerials, or other facilities for the reception or transmission of
radio or television broadcasts or other means of communication
shall be erected or maintained or permitted to be erected or
maintained on any lot , except by installations inside of struc-
tures constructed on said lot, or by underground conduits.
7. Landscaping Guidelines. Each owner shall maintain the
slopes on his Lot or parcel at the slope and pitch fixed by the
finished grading thereof including watering and planting of the
slopes.
8. Care and Maintenance of Lot. The owner of each lot shall
keep the same free from rubbish, litter, and noxious weeds. All
trash, garbage, or rubbish and litter shall be kept in containers
adequate for the purpose and shall be stored on the lot in such a
manner as to be out public view until such day as is designated
4

for collection of such material. All structures, landscaping, and
improvements from time to time placed upon the lot in accordance
with the terms hereof shall be maintained in good condition and
repair at all times. Each Lot shall be subject to an easement for
access to make reasonable repairs on adjoining lots and
structures thereon; provided, however, that:
(a) Any damage caused by such entry upon a Lot or upon any
adjoining property shall be repaired at the expense of the
owner whose property was the object of the repair work which
caused the same;
(b) Any such entry shall be made only at reasonable times
and with as little inconvenience as possible to the owner of
the entered lot; and
(c) In no event shall said easement be deemed to permit
entry into the interior portions of any residence.
9. Automobiles, Boats, and Trailers. Except as expressly
hereinafter provided, no boats, recreational vehicles, campers,
trailers shall be parked upon or in front of any Lot in a
location visible from or within public view. The foregoing
restriction shall not be deemed to prevent the washing or
polishing of such boats, recreational vehicles, campers, and
trailers. Except as expressly hereinafter provided no boats,
automobiles, trailers, or motor-driven vehicles of any kind shall
be stored, repaired, rebuilt, dismantled, repainted upon any Lot
in an area visible from neighboring property or in public view.
Such storage or activities may be performed within garages
located on the Lot which screen the sight and sound of the
activities from neighboring property or from the street. The
foregoing restriction shall not be deemed to prevent the ordinary
parking of automobiles in garages, carports, or driveways. No
commercial vehicles shall be parked at any time on or in front of
any Lot in an area visible from neighboring property or in public
view, except as such parking is necessary to make commercial
pickups and deliveries.
10. Signs. No sign or other advertising device of any nature
whatsoever shall be placed or maintained upon any Lot, except
neatly painted "For Sale", "For Rent", or "Open for Inspection"
and such other signs as may be authorized by the grantor. All
signs shall be subject to regulation by the grantor. Its written
approval must be obtained before any signs, whether or not
authorized herein, may be erected on any Lot. Notwithstanding
the foregoing, however, grantor or its designees may erect and
maintain upon any lot, or lots such signs and other advertising
devices as it may deem necessary in connection with the conduct
of its business of development, subdivision, and sale of lots or
other real property owned by grantor or its designees and
contiguous to the property subject hereto; provided, however,
that grantor's rights to conduct such advertising shall expire
fifteen (15) years from the date thereof.
11. Nuisances. No noxious, noisesome, or offensive
activities shall be carried on upon any lot, nor shall anything
be done or kept thereon which may be or become an annoyance or
nuisance to the owners or occupants of any one or more
neighboring lots.
12. Animals. No animals, livestock, poultry, bees, or other
insects, except domestic dogs, cats, and household pets in
reasonable number (not more than five) shall be kept on any lot.
Household pets shall not be kept, bred, or raised for commercial
purposes. No animal shall be permitted to run loose unless
accompanied by or under the control of the owner.
5

13. Commercial Activity Prohibited. Lots shall not be used
for or in connection with the conduct of any trade, business,
profession, or commercial activity of any kind or nature
whatsoever. No building upon any lot or upon the common area
shall be used in the conduct of any real estate business, as in
office or otherwise, except that grantor or its designees may
maintain model homes and real estate offices for the purpose of
selling any lot or lots (improved or unimproved) subject hereto
and other real property owned by grantor or persons designated by
grantor; provided, however, that the rights of grantor to conduct
such commercial activities shall expire fifteen (15) years from
the date hereof.
14. Temporary and Outbuilding structures. Except in
connection with the preceding paragraph, no trailer, tent, shack,
barn or other outbuilding type structure shall be erected or
moved onto any Lot either temporarily or permanently. Not
temporary residence or structure of any kind shall be maintained
on any Lot; provided however, grantor may erect and maintain
temporary buildings used for construction and administration
purposes incidental to the initial construction of improvement
and dwellings within the subdivision.
15. Membership in Homeowner Association. Any Owner of any
Lot within said subdivision shall become a member of the
Gilcrease Hills Village II Home Owners Association (hereinafter
called "Home Owners Association ") by purchasing a Lot within
said subdivision or any extended areas developed by grantor, and
memberships therein shall be thereafter appurtenant to the
ownership of said Lot. One cannot be transferred without the
other. Each and every Lot owner shall have an easement to use
the facilities of the Home Owners Association, or of the Area
Association (hereinafter collectively called "Associations"),
subject , however, to the rules and regulations thereof.
Membership in the Home Owners Association shall be subject to
assessments for the actual cost of maintenance, repair and upkeep
for the common areas of the subdivision which shall include,
without limitation, the clubhouse, playground, community street
lighting, and the common areas and facilities as designated on
the overall developmental plan for Gilcrease Hills. Annual
assessments for maintenance, repair and upkeep shall be a lien
upon any lot of any owner in said subdivision, and shall be
subject to enforcement as provided in the Bylaws of the Home
Owners Association. The Articles of Incorporation, Bylaws and
rules and regulations of the Association may be examined at the
Club House office of the Gilcrease Hills Homeowners Association,
1919 W. Seminole, Tulsa, Oklahoma 74127.
16. Compliance with Laws. Each owner shall comply with all
laws, statutes, ordinances, rules, and regulations of federal,
state or municipal governments or authorities applicable to use,
zoning, and occupancy of and construction and maintenance of
improvements on the lots and any additions thereto.
*17. Architectural Control. No building, residence, fence,
wall, or other structure or landscaping shall be commenced,
erected, or maintained upon any Lot in the Subdivision, until the
building plans 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 with the general architectural style of existing structures
within the subdivision by a New Construction Architectural Review
Board composed of three or more members appointed by TPO, Inc.,
its successor or the assignee of its right of appointment of the
members of the Board. The New Construction Architectural Review
Board may require as a condition of giving its approval that such
plans and specifications shall comply with such condition as the
Board may in the exercise of its reasonable discretion impose as
6

to the type of building materials to be used or other features or
characteristics thereof including the finished ground elevation.
Should the Board fail to approve or disapprove such plans or
specifications within fifteen (15) days after the same have been
submitted to it for review then such plans and specifications
shall be deemed to have been approved without further action on
the part of the Board. The New Construction Architectural Review
Board shall have the exclusive right to grant approvals required
by the Restrictive Covenants imposed herein and to waive or vary
the restrictions in particular aspects whenever in the opinion of
the Board such waiver or variance is in the best interest of the
owners in the subdivision.
* 18. Replacements or Modification. No existing building or
structure within the subdivision may be altered, expanded or
modified with respect to the exterior thereof until the plans and
specification for such proposed alteration, expansion, or
modification have been submitted to and approved by the
Architectural Control Committee of the Gilcrease Hills Homeowners
Association as provided in Article IX, Architectural Control, of
the Bylaws of the Gilcrease Hills Homeowners' Association adopted
February 9, 1980 and recorded in Book 609 at Page 259 in the
office of the County Clerk of Osage County, Oklahoma.
19. Enforcement. Except as expressly otherwise provided
herein, each of the Association, or any owner shall have the
right to enforce, by any proceedings at law or in equity, all
restrictions, conditions, covenants, reservations, and charges
now or hereafter proposed by the provisions hereof. Failure by
the Associations or by any owner to enforce any covenants or
restrictions herein contained shall in no event be deemed a
waiver of the right to do so thereafter.
20. Severability. Invalidation of any one of the covenants
or restrictions by judgement or court order shall in no way
affect any other provisions which shall remain in full force and
effect.
21. Amendment. Covenants and restrictions of this
Certificate of dedication shall run with and bind the land, and
shall inure to the benefit of and be enforceable by the
Association, or the owner of any lot, their legal
representatives, heirs, successors, and assigns, for a term of
forty (40) years from the date this Certificate of dedication is
recorded, after which time said covenants shall be automatically
extended for successive periods of ten 10) years. The covenants
and restrictions of this Certificate of dedication may be amended
during the first forty (40) year period by an instrument signed
by the owners of not less than seventy-five (75%) of the lots,
and thereafter by an instrument signed by the owners of not less
than seventy percent (70%) of the lots. Any such amendment must
by duly recorded to be effective.
23. Inapplicability to Property of Public Entity. The
provisions hereof shall be inapplicable to any property now owned
or hereafter acquired by the State of Oklahoma or any political
subdivision thereof.
IN WITNESS WHEREOF, The undersigned, being the grantor
herein, has hereunto set its hand and seal this 23rd day of
February 1978.
GILCREASE HILLS DEVELOPMENT CORPORATION
By George D. Thurman
Vice President
ATTEST:
7

Glen Sams
Asst. Secretary
(SEAL)
STATE OF OKLAHOMA)
) ss.
COUNTY OF TULSA )
On this 23rd day of February, 1978, before me, the
undersigned a Notary Public in and for the County and State
aforesaid, personally appeared GEORGE D. THURMAN, to me known to
be the identical person who subscribed the name of GILCREASE
HILLS DEVELOPMENT CORPORATION to the foregoing Certificate of
Dedication as its Vice President, and acknowledged to me that he
executed the same as his free and voluntary act and deed and as
the free and voluntary act and deed of such corporation, for the
uses and purposed therein set forth.
Given under my hand and seal of office the day and year last
above written.
My Commission Expires:
June 1, 1981
(seal)
Kay Zirkle
Notary Public
CERTIFICATE OF SURVEY
I, the undersigned J. T. Barger, Registered Land Surveyor,
State of Oklahoma, do hereby certify that I have carefully and
accurately surveyed the above described real estate and premises
dedicated as Gilcrease Hills, Village II, Part of Block 18 and
20, and Blocks 21 through 25, a subdivision in Osage County,
State of Oklahoma, and that the above plat is a true
representation of said survey.
Dated on this 28th day of February, 1978
J. T. Barger
STATE OF OKLAHOMA )
) SS.
County of Tulsa )
Before me, the undersigned, a Notary Public within and for
the State of Oklahoma, on this 28th day of February, 1978,
8

personally appeared J. T. Barger, to me known to be the identical
person who executed the within and foregoing instrument, and
acknowledged to me that he executed the same as his free and
voluntary act and deed for the uses and purposes therein set
forth.
Given under my hand and seal of office the day and year last
above written.
Cheryl Fuqua
Notary Public
My commission expires:
June 23, 1981
I do hereby certify that there are no unpaid taxes on
Gilcrease Hills, Village II, Part of Block 18 and 20, and Blocks
21 through 25.
Nezzie Horn
Osage County Treasurer
9

KNICKERBOCKER VILLAGE
CERTIFICATE OF DEDICATION
GILCREASE HILLS, VILLAGE II, BLOCK 3
(as amended Oct. 20, 1993 & Nov. 16, 1995)
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:
All that part of the Northwest Quarter (NW/4) of the Southwest Quarter (SW/4), Section Twenty-seven (27), Township Twenty (20) North, Range Twelve (12) East, of the Indian Base & Meridian, Osage County, Oklahoma, being more particularly described as follows, to wit:
COMMENCING at a point in the North line of the SW/4 of Section 27, said point being 233.7 feet South 89N 12' 01" East, of the northwest corner of the said SW/4 of said Section 27, being the point of beginning; Thence South 89N12'01" East, along the North line of the SW/4 of Section 27, a distance of 126.31 feet to a point for a corner, said point being in the centerline of North 24th West Avenue; thence South 0N 09' 35" West, along the centerline of North 24th West Avenue, a distance of 364.84 feet to the point of beginning of a circular curve to the left having a radius of 600.00 feet and a tangent length of 180.87 feet; Thence along said curve through a central angle of 33N 33' 05" and an arc length of 351.35 feet to the point of tangency; Thence South 33N 23' 30" East, a distance of 326.27 feet to the point of beginning of a circular curve to the right having a radius of 360.00 feet and a tangent length of 109.72 feet; Thence along said curve through a central angle of 33N 54' 02" and an arc length of 213.00 feet; Thence South 0N 30' 32" West, a distance of 78.18 feet to a point for a corner; Thence North 89N 04' 34" West, departing from the centerline of North 24th West Avenue, a distance of 657.42 feet to a point for a corner; Thence North 0N 30' 32" East, a distance of 929.26 feet to a point for a corner; Thence South 89N 12' 01" East a distance of 183.71 feet to a point for a corner; Thence North 0N 30' 32" East, a distance of 313.06 feet to the POINT OF BEGINNING and CONTAINING 485,218 square feet or 11.139 acres of land, more or less.
and has caused the same to be surveyed, staked, platted and subdivided into lots, blocks, and streets, and designated the same as Gilcrease Hills, Village II, Block 3, a subdivision in Osage County, Oklahoma (hereinafter called "the Subdivision").
EASEMENT GRANTS
The Grantor hereby dedicates for public use the public streets 1

as shown on said plat. All streets shown on said plat as "private" streets are hereby reserved for subsequent conveyance to the Gilcrease Hills Townhouse I Association (hereinafter called "Townhouse Association"), subject to an easement of use and enjoyment by all parties owning lots in the Subdivision. 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 with the approval of the governmental authority having jurisdiction thereof.
Grantor further dedicates to the public use forever easements and rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing, and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, community antenna, television lines and amplifiers, gas lines and water lines, together with all fittings and equipment therefore including any wires, conduits, pipes, valves, meters, and any other appurtenances thereto, with the right of ingress upon said easement and rights-of-way for the use and purposes aforesaid, together with similar rights in each and all of the public streets 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, together with the right of ingress and egress therefore over, across, and along all of the public streets 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 Subdivision and to any other area.
RESTRICTIVE COVENANTS
For the purpose of providing an orderly development of the Subdivision and for the further purpose of providing adequate restrictive covenants for the mutual benefit of the Grantor and its successors in title (hereinafter called "Owner" or "Owners") to those parts of Subdivision numbered 1 through 113 on said plat (hereinafter called "Lots") Grantor does hereby impose the following restrictions and reservations and create the following easements to which it shall be incumbent upon Owners to adhere, to wit:
1. Land Use. All Lots, except Lot 113, shall be developed and maintained solely for residential purposes, and such development shall be limited to townhouse dwellings, the ground floor of the main structure of which, exclusive of open porches and garages, is not less than 850 square feet in area for a one-story dwelling, nor less than 425 square feet for a one and one-half
2

story dwelling, nor less than 425 square feet for a two-story dwelling. No dwelling shall be constructed on any parcel or property containing less than 1300 square feet.
Title to Lot 113 (hereinafter called the "Common Area"), is reserved by Grantor for subsequent conveyance to the Gilcrease Hills Area Association (hereinafter called "Area Association", subject to an easement for use and enjoyment by Owners. In the event the Area Association shall either cease to exist or shall fail to maintain said Common Area, title thereto shall immediately vest in the Townhouse Association. The Area Association shall not construct or permit to construction of any improvements thereon; provided, however, nothing herein contained shall be constructed to prohibit construction of bridle paths or similar recreational facilities not requiring the construction of buildings, or similar man-made edifices which detract from the natural topography and landscaping thereof.
The Subdivision was processed as Planned Unit Development No.106, Lots 1 thru 113 of KNICKERBOCKER TOWNHOUSES, pursuant to Sections 910-970.8 of Title 42, Revised Ordinances of the City of Tulsa, as the same existed on July 7, 1971, which Planned Unit Development No. 106 was approved by the Tulsa Metropolitan Area Planning Commission on July 7, 1971. The total number of dwelling units in the Subdivision shall not exceed 112 as approved on Planned Unit Development No. 106. The permitted density, required livability space, and required off-street parking shall be regulated by Sections 940.2, 940.3 and 960 of Title 42, Revised Ordinances of the City of Tulsa, as the same existed on July 7, 1971.
2. Construction Guidelines. Each dwelling shall have covered carports containing sufficient space for at least two (2) cars. All roofs having a pitch of 3:12 or greater shall be restricted to cedar shakes or shingles or composition shingles, provided, however, certain now existing and future types of synthetic or natural roofing materials may be used upon the written consent of the Architectural Review Committee of the Gilcrease Hills Homeowners Association. Composition shingles shall be restricted to a dark grey weathered wood color and shall not be less than a minimum weight of 240 pounds per square. Plain concrete block shall not be used as a principal exterior material. Colors, materials and finishes shall be coordinated on all exterior elevations of the building 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 on any Lot or on the Common Area without the prior written approval of the Gilcrease Hills Area Association Architectural Control Committee (hereinafter
3

called "Architectural Committee"), created pursuant to the provisions of paragraph 18 hereof. The Architectural Committee shall exercise complete control of the types, locations, materials, finishes, colors and heights of all fences.
4. Clotheslines and Storage. No clotheslines shall be placed on any Lot in a location visible from neighboring property or within the pubic 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, including all supply lines (all of which electrical, telephonic and television installations are hereinafter collectively called "cable facilities", shall be located underground in the easements hereinbefore dedicated for such purposes. All electric transformers and service pedestals shall be located in the said easements at locations approved by the Grantor or the Architectural 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 the paragraph. Street light poles or standards shall be served by underground cable. Underground cable facilities 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 cable facility to a particular dwelling, the supplier of such 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 cable facility, extending from the service pedestal or transformer to the service entrance on said dwelling. Such supplier shall at all times have right of access to all easements granted herein for the purpose of installing, maintaining, removing or replacing any portion of its facilities. Each Owner shall be responsible for the protection of the underground cable facilities located on his Lot and shall prevent the alteration of grade or any construction activity which may interfere with said cable facilities. Repairs or costs of relocation required by violation of this covenant shall be paid for by the Owner of such Lot. This covenant shall be enforceable by the suppliers of such cable facilities and the Owner of each Lot agrees to be bound hereby.
6. Antennae and Rooftop Appliances. No towers, antennas, aerials, or other facilities for the reception or transmission of radio or television broadcasts or other means of communication shall be erected 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
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however, this provision shall not be construed to prohibit the construction of a master antenna tower to be used in connection with any community antenna television system operating within the Subdivision. In addition to the architectural control to be exercised pursuant to the terms hereof, appliances or installations or 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. Party Walls. Each wall which is built as a part of the original construction of the homes within the Subdivision and placed on the dividing line between Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions hereof the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. If a party wall should be destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use, without prejudice, however, to the rights of such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Notwithstanding any other provisions of the paragraph 7, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. The right of any Owner to a contribution from any other Owner under this paragraph 7 shall be appurtenant to the land and shall pass to such Owner's successors in title. In the event any dispute arises concerning a party wall, or under provision of this paragraph 7, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all arbitrators so chosen. Such decisions shall be binding upon all parties to the dispute.
8. Landscaping Guidelines. Each Owner shall maintain the slopes on his Lot at the slope and pitch by the finished grading thereof, including watering and planting of the slopes. A framework of landscaping elements has been conceived for the Subdivision based on a total design concept, which will blend with and enhance the existing elements. Individual expression 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 elements.
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(c) Landscape elements shall relate to architectural design elements. Landscape materials are considered to be a strong unifying elements, and, therefore, shall reflect the physical, functional, and esthetic 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) Tree, both lines and masses, shall be utilized to enclose and subdivide exterior spaces relative to each individual site.
9. Maintenance and Exterior Care of Dwelling Units. The Townhouse Association shall perform all maintenance and repairs required with respect to all private streets shown on the plat, including any repairs necessitated by reason of damage to such private streets occasioned by the repair of water lines located thereunder. The Townhouse Association shall perform all maintenance required with respect to the Common Area. By acceptance of title to the private streets and the Common Area, the Townhouse Association agrees to perform all maintenance and repairs required by this paragraph 9.
In addition to required maintenance upon the Common Area and private streets, the Townhouse Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: maintenance of unfenced lawns in front of the dwelling units and painting exterior building surfaces. The Association shall not be responsible for maintaining or repairing roofs, fences enclosing yards, carports, patios, backyard sidewalks or utility rooms. Such exterior maintenance shall not include glass surfaces, nor shall such exterior maintenance include the care of lawns and shrubs within fenced enclosures surrounding dwelling units on Lots subject hereto.
In the event that the need for maintenance or repair is caused through the willful or negligent act of the Owner, his or her family, guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject.
The Owner of each Lot shall keep all parts of the same which are not subject to maintenance by the Townhouse Association free from rubbish, litter, and noxious weeds. All trash, garbage, or rubbish and litter shall be kept in containers adequate for the
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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 landscaping from time to time placed upon the Lot in accordance with the terms hereof shall be maintained in good condition and repair at all times. Each Lot shall be subject to an easement for access to make reasonable repairs on adjoining Lots and structures thereon; provided, however, that:
(a) Any damage caused by such entry upon a Lot or upon any adjoining property shall be repaired at the expense of the Owner whose property was the object of the repair work which caused the same;
(b) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the Owner of the entered Lot; and
(c) In no event shall said easement be deemed to permit
entry into the interior portions of any residence.
In addition to any other remedies available at law or in equity, the Gilcrease Hills Homeowners Association (hereinafter called "Homeowners Association") or the Townhouse Association may correct any breach of this restrictive covenant and assess the cost of such correction to the Owner as a part of the annual maintenance assessment provided for in paragraph 16 hereof. Once assessed, such costs shall be a part of such maintenance assessment and shall be collectible in the same manner and subject to the same remedies as such assessment.
10. Automobiles, Boats and Trailers. Except as expressly hereinafter provided, no Lot 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 either storage or the performance of any activity thereon such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting, or servicing of any kind, except as hereinafter provided. Such storage or activities may be performed within 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, trailers, campers, or motor-driven cycles, together with those activities normally incident or necessary to such washing and polishing, nor shall it be deemed to prevent the parking and storage of motor vehicles, boats, trailers or motor- driven cycles in any carport located on any Lot within the subdivision. No boat, trailer, camper, truck, or commercial vehicles shall be parked at any time on or in front of any Lot in
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an area visible from adjoining property or in the public view, except as such parking is necessary to make commercial deliveries.
11. Signs. No sign or other advertising device of any nature whatsoever shall be placed or maintained upon any Lot, except neatly painted "For Sale", "For Rent", or "Open for Inspection" and such other signs as may be authorized by the Architectural Committee. All signs shall be subject to regulation by the Architectural Committee. It's written approval must be obtained before any signs, whether or not authorized herein, may be erected on any Lot. Notwithstanding the foregoing, however, Grantor or its designees may erect and maintain upon any Lot or Lots such signs and other advertising devices as it may deem necessary in connection with the conduct of its business of development, subdivision and sale of Lots or other real property owned by Grantor or its designees; provided, however, that Grantor's rights to conduct such advertising shall expire fifteen (15) years from the date hereof.
12. Nuisances. No noxious, noise some, or offensive activities shall be carried on upon any Lot, nor shall anything be done or kept thereon which may be or become an annoyance or nuisance to the Owners or occupants of any one or more neighboring Lots.
13. Animals. No animals, livestock, poultry, bees, or other insects, except domestic dogs, cats, and household pets in reasonable number (which number shall not exceed two (2) unless specifically authorized by the Townhouse Association) shall be kept on any Lot. Household pets shall not be kept, bred, or raised for commercial purposes. No animal shall be permitted to run loose unless accompanied by or under the control of the owner thereof.
14. 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 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; provided, however, that the rights of Grantor to conduct such commercial activities shall expire fifteen (15) years from the date hereof.
15. Temporary Buildings. Except in connection with the preceding paragraph 14, no temporary residence, structure or shelter of any kind shall be maintained on any Lot, nor shall any Lot be used for residential purposes; provided, however, Grantor may erect and maintain temporary buildings used only for construction and administration purposed incidental to the initial construction of improvements and dwellings within the Subdivision.
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All temporary buildings permitted hereunder shall be promptly removed upon the completion of the original sale of Lots or houses in the Subdivision owned by Grantor or persons designated by Grantor.
16. Membership in Associations.
(a) Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(i) The right of the Home Owners Association and the Townhouse Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(ii) The right of the Home Owners Association and the Townhouse Association to suspend the voting rights and right to use the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;
(iii) the right of the Home Owners Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of the members of the Home Owners Association or the Townhouse Association agreeing to such dedication or transfer has been recorded. Any Owner may delegate in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities thereon to the members of his family, his tenants, or contract purchasers who reside on his Lot.
(b) Every Owner of a Lot which is subject to assessment shall be a member of the Home Owners Association and the Townhouse Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
(c) Creation of Obligation to Pay Assessments and Lien to Secure Payment. The Owner of any Lot within the Subdivision, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to agree to pay to the Townhouse Association: (I) annual assessments or charges, and (ii) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments
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together with such interest, costs of collection thereof and reasonable attorney's fees, shall be the personal obligation of the person who was the Owner of such Lot at the time the assessment fell due, and the annual assessment shall be a charge on the Lot against which each such assessment is made and a continuing lien thereupon.
(i) Purpose of Assessments. The assessments levied by the Townhouse Association shall be used exclusively for the purpose of promoting the recreation, health, and welfare of the residents of the Subdivision and in particular for the improvement and maintenance of the Common Area and facilities thereon, the private streets in the Subdivision, exterior painting of residential dwelling units on Lots, and services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area and of the residences upon the Lots. Maintenance by the Townhouse Association shall be limited as set forth in Section 9 above. The Townhouse Association shall not be responsible for repairs necessitated by acts of negligence or omission by Owners, but shall have the right, at the sole option of the Board of Directors, to make such repairs, assessing the costs thereof to the Owner for whom such repairs are made. The Townhouse Association specifically shall not be responsible for extraordinary repairs necessitated by storms, floods, hail, wind, tornados, fire, civil disobedience, riots, or other Acts of God.
(ii) Basis and Maximum of Annual Assessments. From January 1, 1996 until December 31, 2000, the maximum assessment shall be fixed at Forty Dollars ($40.00) per Townhouse dwelling unit per month, being Four Hundred Eighty Dollars ($480) per year.
(A) From and after December 31, 2000, the maximum annual assessment may be decreased to the maximum rate in effect on December 31, 1995, that being Twenty-five Dollars ($25).
(B) From and after December 31, 2000, the annual assessment may be increased effective January 1 of
each year without a vote of the Owners, in an amount equal to the proportionate percentage increase, if any, in the Bureau of Labor Statistics, Unites States Department of Labor, Consumer Price Index (City Average) or any successor of such index, for the month of July next preceding said January 1 over the index for the preceding month of July, and an amount equal to any increase of the annual assessment of the Home Owners Association.
(iii) Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Townhouse Association or the Home Owners Association may levy
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in an assessment year a special assessment applicable to the year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area or any recreational area maintained by the Home Owners Association including the necessary fixtures and personal property related thereto after approval thereof by the vote of two-thirds (2/3) of each class of Owners attending a meeting called for the purpose.
(iv) Notice and Quorum for Any Action Authorized Under (ii) and (iii). Written notice of any meeting called for the purpose of taking any actions authorized under (ii) and (iii) shall be sent to all members not less than fifteen (15) days or more than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
(v) Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
(vi) Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as to each Lot on the first day of the month following completion of construction of the dwelling unit located thereon. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Townhouse Association shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period and shall establish the due dates thereof. Written notice of the annual assessment shall be sent to every Owner subject thereto. The Townhouse Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Townhouse Association, setting forth the assessment due and unpaid, if any, on a specified Lot. A reasonable charge may be made for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein said to have been paid.
(vii) Effect of Non-Payment of Assessment Remedies. 11

Each regular assessment and each special assessment shall be separate, distinct and personal debt and obligations of the Owner or Owners of the Lots against which the same are assessed. In the event of a default or defaults in payment of any such assessment or assessments and in addition to any other remedies herein or by law provided, each the Townhouse Association and the Homeowners Association may enforce each such obligations as follows:
(A) By suit or suits at law to enforce each such assessment obligation. Each such action shall be brought in the name of the Townhouse Association, or Homeowners Association, as the case may be, on behalf of all the Owners. Any judgment rendered in any such action shall include, where permissible under any law, a sum for reasonable attorneys' fees in such amount as the court may adjudge against such defaulting Owner. Upon full satisfaction of any such judgment, it shall be the duty of the Townhouse Association or the Homeowners Association, as the case may be, by an authorized officer thereof to execute and deliver to the judgement debtor an appropriate satisfaction thereof.
(B) At any time within ninety (90) days after the occurrence of any such default with respect to annual assessments, the Townhouse Association may give notice to the defaulting Owner, which said notice shall state the date of the delinquency, the amount of the delinquency, and make a demand for a payment thereof. If such delinquency is not paid within ten (10) days after delivery of such notice, the Townhouse Association may file in the office of the County Clerk of Osage County, Oklahoma, a claim evidencing the lien provided for in this subparagraph 16 (c) against the Lot of such delinquent Owner. Such claim shall state (1) the name of the delinquent Owner; (2) a description of the Lot against which claim of lien, if any, is made; (3) the amount claimed to be due and owing; (4) that the lien, if any, is asserted by the Townhouse Association pursuant to the terms of this Certificate of Dedication (giving the date of execution and the date, book and page references of the recording thereof in the Office of the County Clerk of Osage County, Oklahoma); and (5) that a lien, if any, is claimed against the described Lot in an amount equal to the amount of the said delinquency. Any such claim shall be signed and acknowledged by any two (2) or more members of the Board of Directors of the Townhouse Association and shall be dated as of the date of the execution of the last such Board member to execute said claim. The filing of a claim of lien as herein provided shall be deemed a perfection of such lien and shall make such lien superior to all other claims except as herein
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provided. The lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a mortgage under power of sale. In the event foreclosure is by action in court, reasonable attorneys' fees shall be allowed to the extent permitted by law. In the event the foreclosure is as in the case of a mortgage under power of sale, any person designated by the Townhouse Association in writing shall be deemed to be acting as the agent of the lienor and shall be entitled to actual expenses and such fees as may be allowed by law or as may be prevailing at the time the sale is conducted.
(viii) Mortgage Protection.
(A) Any lien created upon a Lot pursuant to this paragraph, 16 (c), shall be subject and subordinate to, and shall not affect the rights, of the holder of the indebtedness secured by any recorded first mortgager or deed of trust (meaning a mortgage or deed of trust with first priority over other mortgages or deeds of trust) upon any such Lot made in good faith and for value; provided, however, that in the event of foreclosure of any such mortgage or deed in trust, any lien perfected by filing as provided in subparagraph 16 (c) (viii) (B) above shall survive such foreclosure and shall attach to the interest taken by any purchaser at a foreclosure sale, and shall thereafter have the same effect and be enforced in the same manner as provided herein;
(B) No amendment to this paragraph shall affect
the rights of the holder of any such mortgage or deed
of trust recorded prior to adoption of such amendment
who does not join in the execution thereof;
(C) By subordination agreement executed by a majority of the Board, the benefits of subparagraphs 16 (c) (viii) (A) and 16 (c) (viii) (B) may be extended to mortgages or deeds of trust not otherwise entitled thereto.
(D) Copies of Documents. The Articles of Incorporation, Bylaws, and rules and regulations of the Townhouse Association and the Gilcrease Hills Homeowners Association may be examined at the offices of the Gilcrease Hills Homeowners Association at 1919 W. Seminole, Tulsa, Oklahoma.
17. Compliance with Laws. Each Owner shall promptly comply 13

with all laws, statutes, ordinances, rules, and regulation 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.
18. Architectural Control. No building, residence, fence, wall, or other structure or landscaping shall be commenced, erected, or maintained upon any Lot in the Subdivision, nor shall any exterior addition to or change or alteration therein, or change in the exterior appearance thereof, or change in landscaping be made until specifications showing the nature, kind, shape, height, materials, color, and location of the same shall have been submitted to and approved in writing as to harmony of exterior design and location in respect to surrounding structure and topography by an Architectural Control Committee (the "Architectural Committee") composed of three (3) or more representatives appointed as provided in the Bylaws of the Area Association. Copies of Architectural Guidelines promulgated by the Architectural Committee are available at the office of the Grantor.
19. Approvals, Variances, and Waivers. The Architectural Committee shall have the exclusive right to grant approvals required by the restriction 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 Owners in the Subdivision.
20. Enforcement. Except as expressly otherwise provided herein, the Home Owners Association, the Area Association, the Townhouse Association, (herein collectively called "the Associations") or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, and charges now or hereafter proposed by the provision hereof. Failure by the Associations or by any Owner to enforce any covenants or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. The City of Tulsa (unless the Subdivision shall be annexed to any other municipality, in which event , that municipality to which the Subdivision shall be annexed), acting by and through any appropriate government agency or appropriate official, shall have the right to enforce any land use restriction set forth in paragraph 1 hereof or to which the Subdivision may be subject pursuant to Planned Unit Development No. 106.
21. Severability. Invalidation of any of these covenants or restriction by judgment or court order shall in no way affect any other provision which shall remain in full force and effect.
22. Amendment. Covenants and restrictions contained in this Certificate of Dedication 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, their legal representatives heirs, successors, and assigns, for a term of forty (40) years from
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the date this Certificate of Dedication is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Certificate of Dedication may be amended during the first forty (40) year period by an instrument signed by the Owners of no less than eighty percent (80%) of the Lots in the Subdivision, and thereafter by an instrument signed by the Owners of not less than seventy-five percent (75%) of said Lots. Any such amendment must de duly recorded to be effective.
23. FHA-VA Approval. As long as Grantor owns any of the Lots, amendment of this Certificate will require the prior approval of the Federal Housing Administration or the Veterans Administration.
24. Inapplicability to Property of Public Entity. The provision 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 29th day of July, 1971.
GILCREASE HILLS DEVELOPMENT CORPORATION
By Burt McIntosh
15

ATTEST:
Linda M. Williams
Secretary
(SEAL)
STATE OF OKLAHOMA)
) ss.
COUNTY OF TULSA )
Vice President
"Grantor"
On this 29th day of
undersigned, a Notary Public in and for the County and State aforesaid, personally appeared Burt 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.
July , 1971, before me, the
My commission expires:
May 21, 1975
(SEAL)
William C. White
Notary Public
CERTIFICATE OF SURVEY
I, the undersigned, WHIT Y. MAUZY, JR., Registered Land Surveyor in the Sate of Oklahoma , do hereby certify that I have carefully and accurately surveyed and staked the above described real estate and premises dedicated as Gilcrease Hills, Village II, Block 3, a subdivision in Osage County, State of Oklahoma; that iron pins have been place on all corners and that the above plat is a true representation of said survey.
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Dated this 29th day of July, 1971
Before me, the undersigned, a Notary Public within and for the State of Oklahoma, on this 29th day of July, 1971, personally appeared WHIT Y. MAUZY JR., to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed for the uses and purposed therein set forth.
Given under my hand and seal the day and year last above written.
My commission expires:
May 21, 1975
(SEAL)
Whit Y. Mauzy, Jr.
Registered Land Surveyor
STATE OF OKLAHOMA)
) ss.
COUNTY OF OSAGE )
William C. White
Notary Public
17