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Note: this listing is for informational purposes only and may not
reflect any recent amendments.
Please see a Board Member for the latest edition.
FILED: January 23, 1959 at 1:57p.m.
RECORDED: Book 2326 page 728
Section
1, Ski Island Lake
Oklahoma County, Oklahoma
- KNOW ALL MEN BY THESE PRESENTS:
Whereas, the undersigned,
hereinafter usually called Alsco, the owner of the property situated
in Oklahoma County Oklahoma, covered by the Plat filed in the office
of the County Clerk of said County on the 23 day of January, 1959,
recorded therein Plat Book 34 at Page 56, which Plat refers to the
restrictions, reservations, and covenants herein as being contained in
a separate instrument executed contemporaneously therewith this
instrument being that separate instrument and being part and parcel of
said Plat and the dedication, restrictions and reservations thereon —
has caused said property to be surveyed and platted into blocks, lots,
streets and avenues, and has shown thereon a lake-area (which,
together with the portions of the lake-bed and shore or banks shown,
is hereinafter usually called the Lake when all are intended); and
Alsco is desirous of furnishing hereby the separate instrument referred
to upon said Plat and of commencing, hereby and by said Plat the
platting and development of an exclusive, highclass, permanent
residential district — Section 1 of which shall be made up of said
blocks, streets and avenues (hereinafter usually called the Lots and
Streets when all are intended) and the Lake and also the spillway and
easements, temporary and permanent, shown upon said Plat, and the
other sections of which shall be the additional Sections hereinafter
referred to — and is desirous of commencing hereby a general
improvement scheme for the mutual benefit of all persons while owners
of any of said lots or while owners of any lots in sections
hereinafter developed in the vicinity of said Section 1, and is
desirous of promoting hereby and by such scheme the health, peace,
safety, morals and general welfare of all such owners;
- And Whereas, as a part of all thereof and to such ends,
Alsco is desirous, also, of reserving, imposing and establishing hereby for
and in itself and at the time and in the manner and to the extent provided
in paragraph 20 hereof for and in Ski Island Lake Club, Inc., (hereinafter
usually called the Club,) to be hereafter incorporated by Alsco, the right
and power to adopt rules for the control of the streets and the Lake and spillway
and easements and the further rights and powers hereinafter specified; and
of giving notice and providing hereby (1) that Alsco shall not be obligated
to develop additional Sections or Subdivisions, and (2) that in the event
it so does, then it may do the same as it wishes and may establish and
impose like restrictions, conditions, covenants and governing provisions
and make such reservations as it wishes, all in its sole and uncontrolled
discretion, and (3) that its responsibility and liability are, and always
shall be, limited and ultimately may be relinquished and transferred as
hereinafter provided, and (4) that is shall not be obligated to prefer any
Section over any other Section
- NOW, THEREFORE, Alsco hereby declares and provides that each
and all of the provisions of this instrument shall be covenants running
with the title to the Lots and Streets and spillway and easements and the
Lake (hereinafter usually called the Platted Property when all thereof are
intended) and shall bind all future owners of any thereof, including the
Club and Alsco, except and provided that the same shall not be deemed to
bind any governmental subdivision or any public utility company now or
hereafter existing and in good faith engaged in public utility service; and
Alsco hereby provides and declares further, as follows:
- 1. Said Plat is hereby made a part hereof; and it
and the Platted Property shall be, and are, subject to this
instrument. While said streets and avenues are dedicated in
accordance with the provisions hereof and the express dedication upon said
Plat, the Lake and spillway are not dedicated, except that the right to use
and enjoy and have the benefits of the Lake and spillway shall be afforded
to owners of said lots as hereinafter expressly provided. Additional
Sections shall not be deemed subject tot his instrument.
- 2. Before starting any dwelling-house or permanent
outbuilding or septic tank and laterals system or any replacement of all or
any substantial part thereof upon any of said lots, complete and adequate
plans and specifications of that which is to be constructed or installed
shall be furnished to Alsco in duplicate for its written approval; and it
may refuse to approve any which in good faith it feels will not be
conducive to upholding or improving the standards, appearance, condition or
reputation of Section 1 and additional Sections or fears will not be
sufficient for the purpose intended; and it may retain one of the
counterparts submitted. House plans and specifications and plans
and specifications of permanent outbuildings shall show the ground floor
area, height, location and kind of material to be used in exterior walls
and roof and all spoutings, chimneys, porches, attached patios, attached
garages and ornamental projections, and shall show, also, all additional
which Alsco reasonably requests. Plans and specifications of
septic tank and laterals systems shall show the location, design, length
and size of septic tanks and laterals; and laterals shall not be placed
upon the thirty feet of any lot closest to the Lake. If as to
any dwelling-house or permanent outbuilding or septic tank and laterals
system, Alsco should determine in good faith that after exercise of
ordinary care in examination and interpretation of plans and specifications
submitted it misinterpreted the same and because thereof or because of any
misinterpreted the same and because thereof or because of any
misrepresentation or other fraud approved the same and determine also that
to build or construct in accordance therewith will not be conducive to
upholding or improving the standards, appearance, condition and reputation
aforesaid, it may withdraw any approval given. No
dwelling-house permanent outbuilding or septic tank and laterals shall be
constructed or installed or substantially replaced in said subdivision or
maintained there which are not substantially in accordance with this
instrument. However, if for thirty (30) days after submission
any plans and specifications not be approved or disapproved in writing, then
the same shall, thereafter, be deemed approved in writing as required and
may be used accordingly; and as to the same the approval may not be
withdrawn. After assignment to the Club as authorized in
paragraph 20 hereof, then approval or disapproval by the Club shall be
equivalent to approval or disapproval by Alsco.
- 3. Each and every lot is restricted hereby to
private residence or dwelling purposes only. Not more than one
private dwelling-house shall be at one time upon a lot; except that, also,
there may be such outbuildings as are at the time customarily used with
private, single-family dwelling-houses and as are suitable for such use and
conform in appearance to the one private dwelling-house. Each
such dwelling-house shall be one-story and for year-round, permanent,
single-family use only, and used only for such purpose, except that Alsco
shall have the right and power to allow a two-story dwelling-house upon any
lot or lots.
- 4. No business structure or business or
professional use shall be constructed or maintained or carried on or
permitted upon any of said lots. Business, commercial,
professional and political billboards, signs, devices and displays are
prohibited upon all said lots, except that, if, and as long as, neat and modest
in appearance, signs advertising sale of any of said lots, if not in excess
of five square feet in area, and signs disclosing the profession or
business of the owner of any of said lots, if and not in excess of 200
square inches in area and if attached to the dwelling-house, shall be
permitted.
- 5. All toilets, baths, sinks, lavatories and inside
drains shall be connected with a septic tank properly installed and these
and all laterals shall be such as to meet all requirements of, and be
approved by, the governmental health or sanitary officials having
jurisdiction or authority for the purpose; and no plumbing fittings shall
be more than four inches in diameter.
- 6. None of said lots shall be used for any purpose
unlawful or likely to injure the reputation of the neighborhood or used or
maintained in such manner as to create either a public or private
nuisance. Chickens, guineas, turkeys and other fowl of similar
nature and goats, sheep, cattle, hogs, horses and other domestic animals of
similar nature and wild, confined or restrained, fowl or animals, whether
tamed or untamed, shall not be permitted or kept upon or about any of said
lots.
- 7. No lease, rental or occupation agreement and no
party driveway agreement shall be made affecting any of said lots; and none
of said lots shall ever be used or occupied by tenants.
Note: This
paragraph is amended, see Amendment 1.
- 8. No unpainted wooden structure, tent house,
shack, trailer or prefabricated house, whether temporary or permanent,
shall be upon or about any of said lots. No dwelling- house upon
any of said lots shall be covered, wholly or partly, with tar, paper,
metal, or canvas. No house or any other structure shall be moved
onto any of said lots from any other place. The work of constructing
a house or other structure on any of said lots, except for delay caused by
shortage of materials or labor or strikes or weather conditions or act of
God, shall be continuous until the house or other structure is completed;
and each house or other structure must be completed within a period of
twelve (12) months from the commencement thereof. If not
completed in such twelve (12) months, then the uncompleted portion shall be
removed immediately by the owner.
- 9. No dwelling-house shall be constructed or
maintained upon any of said lots having less than 1,200 square feet of
ground floor area; and at least seventy-five per centum of the exterior
finish of each dwelling-house shall be of brick or rock
veneer. No dwelling-house or any part thereof and no other
permanent structure or any part thereof shall extend beyond the front or
rear building limit lines as shown on said Plat; and no part of any
dwelling-house or other structure shall be nearer than five feet to the
side lot line, except spoutings and purely ornamental projections, which
may extend to within two feet of the side lot line. No fence,
wall, ornamental hedge or other obstruction over three and one-half feet
high shall be placed, constructed or maintained along or near lot boundary
lines on any of said lots.
- 10. No dock, steps, anchorage, platform, buoy, post,
stake or obstruction, whether stationary or floating or otherwise movable,
including boats and motors and their equipment and parts, shall, when not
occupied and manned by at least one person and in use unconfined, afloat on
the lake-water, be allowed to extend outward into the lake-water from the
land beyond the running, common, apparent and general water-edge; and,
instead, all such shall be placed, stored, kept or anchored wholly within
artificial indentations or recesses constructed and maintained by the lot owner
in safe, clean and presentable condition and appearance upon and within the
lot; and no owner of any of said lots shall allow anything to encroach from
his lot or the shore or bank or water there out into the lake-water beyond
such water-edge as the same exists from time to time. It shall
be permissible for the lake-water to extend into all such artificial
indentations or recesses. Too, all such indentations or recesses
authorized or constructed by a lot owner or used by him, his family,
guests, employees, agents and other representatives, and all his docks,
steps, anchorages, platforms, buoys, posts, stakes and other obstructions,
shall be upon or within his lot and he shall not use, obstruct, or in any
way interfere with the shore or bank or the water-edge along or normally
allocable to any lot he does not own, or knowingly cause any such
interference, through this provision shall not be deemed to prevent
visitations or use from time to time by consent of the other owner.
- 11. As shown upon said Plat, a 50-foot sanitary
easement is reserved by Alsco upon lots 10 and 11, in Block 3, upon which
no part of any septic tank or lateral shall be placed or extend; and also
Alsco reserves hereby a 5-foot drainage easement inside of and along, and
upon each side of, each side lot line and adjacent thereto, this to be used
for drainage of streets and avenues only and only if, when and as necessary
for that purpose.
- 12. Owners of Lots 1 to 4, in block 4, shall have
access to and enjoy the Lake, with rights of ingress and egress thereto
only over areas not platted into blocks and lots.
- 13. Streets and avenues shall be for highway or road
purposes; utilities and flowlines may be installed or maintained in streets
and avenues, but only in businesslike manner and conformably to any
applicable governmental requirements; and it shall be the right of Alsco to
allow and provide for use and enjoyment of streets and avenues and the Lake
and spillway by the owners of lots in all Sections and by the Club and to
require all to co-operate to the end that other lot owners, their families
and their guests when accompanied by the lot owner, may use and enjoy the
same.
- 14. Not only shall it be the duty of a lot owner
promptly and strictly to observe the provisions of this instrument and
perform all to performed by him, but if at any time anything prohibited by
this instrument be upon a lot owned by him, it shall be his duty, also,
promptly to remove the same and place the surface of the lot in good, neat
and presentable condition and appearance at his expense.
- 15. No sale or conveyance of any of said lots shall
be begun, pursued or consummated without fifteen (15) days written notice
thereof first being given Alsco, which hereby reserves, and shall have, a
continuing right and option to buy any of said lots being sold at the price
and terms asked or considered in good faith at the time, and, too, Alsco
hereby reserves, and shall have, a continuing right to convey its such
right and option to buy a lot or lots unto the owner or owners of the
adjoining lot or lots or unto the Club. The right and option to
Alsco to buy provided by this paragraph shall, unless released, be and
continue transferable. Provided that, for a lot owner to effect
any sale or conveyance, he must give the written notice aforesaid
personally or by registered mail to Alsco, its grantee, and after receipt
of the notice, Alsco, its grantee, shall have fifteen (15) days in which to
exercise the right and option and buy at the price and upon the terms; and
if Alsco, its grantee, do not buy within said time and at such price and
terms, the right and option to buy shall wholly cease as to that sale but
as to that sale only. No sale or conveyance of any of said lots
shall be begun, pursued or consummated with or to any person not first
approved by Alsco for membership in the Club; provided that, Alsco and the
Club shall be deemed and hereby are approved for ownership of lots and need
not be such member or approved for membership and that the requirement in
this sentence for approval of a person attempting to buy or buying any lot
shall not apply to any purchaser at any execution, foreclosure or other
sale pursuant to court order, judgment or decree or pursuant to other legal
processes. In event of a sale as to which Alsco does not buy,
whether by a lot owner or pursuant to any execution, foreclosure or other
sale pursuant to court order, judgment or decree or pursuant to other legal
process, then the purchaser shall take the title subject to the continuing
right and option of Alsco to buy under this paragraph. Provided
that, one having a right and option hereunder to buy always may release the
same in writing, whereupon the right and option released shall cease in
accordance with the terms of the release. Anything in this
instrument to the contrary notwithstanding, Alsco, until it assigns unto
the Club as provided in paragraph 20 hereof, and then the Club, its
successors or assigns, thereafter, may release the foregoing provision that
a lot shall be sold only to a person first approved for membership in the
Club; and in event of any such release, then, according to the terms of the
release, the provision shall be deemed cancelled as fully and effectively
as if never included in this instrument.
Note: This
paragraph is replaced in its entirety by a new paragraph
as set out in Amendment 1.
- 16. Failure or omission of Alsco or of the owner of
any of said lots or of the Club or any utility company to attempt to
enforce or to enforce any of the provisions of this instrument shall in no
event be deemed a waiver of any such provisions or of the right to enforce
the same.
- 17. By written instrument duly filed in said County
Clerk's Office signed by Alsco, further restrictions, conditions,
covenants, declarations, and governing provisions may be established and
imposed upon and as to the streets and avenues and the Lake and spillway
and easements, and, also, before the sale thereof as to lots unsold by
Alsco, and all such may be made covenants running with the land, but
hereafter none such shall be established or imposed as to a lot after Alsco
sells it — and hereafter none shall be established or imposed as to any lot
which are not more protective, restricting and exacting than expressed
herein or upon said Plat — provided that, nothing shall be done hereafter
to take from any owner of any lot reasonable use thereof and of the streets
and avenues conformably to the purposes expressed in the introductory
paragraphs hereof. For the accomplishment of the purposes
expressed in the introductory paragraphs hereof and for the regulation and
control, as it deems proper for the best interest of all, of (1) the Lake
and (2) streets and avenues and (3) spillway and (4) shore or banks and the
running, common, apparent and general water-edge (not including small
natural, or constructed artificial, indentations or recesses within any
lot) and (5) any part of any lot extending at any time out into the
lake-water beyond the running, common, apparent, and general water-edge and
(6) the conduct, both omission and commission, upon each and every part of
all thereof of every lot owner and his family and guests and of all others
whomever, and for the control of the use of all thereof (not including said
lots generally), Alsco reserves hereby, and shall have, the right and power
to adopt and impose rules, which every lot owner and his family and guests
and all others upon the Platted Property or using or enjoying the same in
any way shall observe and obey strictly at all times, and by the acceptance
and holding of title to any of said lots or by any such use or enjoyment a
person shall agree and be bound so to do, not only himself but to cause his
family, guests, employees, agents and other representatives so to do.
- 18. By the acceptance of a conveyance of any lot,
the lot owner and all obtaining any privileges by reason thereof shall be
deemed to acknowledge they are fully cognizant of both the artificial and
natural hazards surrounding the Lake and spillway and the streets and
avenues and the easements and attending use or enjoyment of each, and agree
they will make no claim against Alsco or the Club in any event by reason of
any injury or damage done or caused by or resulting from any artificial or
natural hazard on or about the Lake or spillway or any done or caused by or
resulting from any careless or improper use or omission by them as to the
streets or avenues or easements.
- 19. Every owner of any of said lots, as long as he
remains such owner, shall have the right and privilege of using said
Lake-area, with his family, and with guests when accompanied by him, but
subject to each and every provision of this instrument and to the
prevailing rules established and imposed from time to time under authority
hereof. Alsco shall have the right and power to change any and
all such rules by taking from or adding to or otherwise enlarging or wholly
canceling.
- 20. After Alsco assigns unto the Club Alsco's right
and power (1) to adopt or establish and to impose rules hereunder and
change the same and (2) to approve or disapprove plans and specifications
and to withdraw approvals and (3) to allow two-story dwelling-houses and
(4) to require notice and to buy as provided in paragraph 15 hereof and to own
and exercise the option to buy therein reserved and provided and to convey
such option and (5) to release the same and (6) to require cooperation as
authorized in paragraph 13 and (7) to approve or disapprove for membership
in the Club, and for ownership of lots, as provided in said paragraph 15
and in paragraph 22 hereof and (8) to establish and impose further
restrictions, conditions, covenants, declarations and governing provisions
upon and as to the streets and the Lake and spillways and easements, and
upon the assignment unto the Club of any other rights, powers, discretions
and trusts of Alsco under this instrument or under any such rules, the
Club, exclusively, shall have, own, enjoy, use and perform all assigned to
it, and as to the same may do all which Alsco had right or power, express
or implied, to do, with the same force and effect as if timely done by
Alsco conformably to the applicable provisions of this instrument; and
Alsco may convey to the Club all reservations and easements, whereupon the
Club shall own the same and have full control thereover conformably tot he
applicable provisions of this instrument; but Alsco shall be under no
obligation to convey any such easements or reservations or any rights or
powers having to do with water or the furnishing thereof to owners of said
lots, and as to easements having to do therewith it may make such qualified
or limited conveyance, if any, to the Club as Alsco in its sole discretion
shall determine. The Club shall have no right or power to
control Alsco or any utility company furnishing or offering to furnish
water commercially to owners of lots in said Section 1 or in other Sections
with Alsco's consent.
- 21. After the assignment or conveyance mentioned in
paragraph 20 hereof, Alsco shall have no further right or power to
establish and impose or change rules, but all theretofore established and
imposed by Alsco and in force at the time shall continue in full force and
effect unless and until changed by the Club; and the Club shall have the
right and power to manage and control the Lake and the streets and avenues
and the spillway and to require and enforce strict and prompt observance
and performance under the dedication, restrictions and reservations upon
said Plat and of this instrument and all rules and all proper changes.
- 22. As soon as Alsco, in its sole discretion, deems
it mutually beneficial to itself and the then and future owners of said
lots, Alsco shall cause the Club to be incorporated as Alsco deems best,
with the membership or stockholder voting power in the owners of lots in
all Sections, one vote per lot, and with the corporate control in a
governing board to be chosen from time to time by such voting
power. Each owner of a lot in said Section 1 shall be entitled
to one share of such stock or to one membership for each lot owned, and as
long as paragraph 15 hereof so provides persons required to be approved
before being entitled to own a lot shall not own any of said stock or any
membership in the Club unless and until first approved for the purpose by
Alsco, or by the Club as its bylaws shall provide; and persons not owning a
lot in one of said Sections may not own stock or membership and vice versa;
provided that Alsco before it assigns to the Club as contemplated by the
paragraph 20 hereof, and the Club after the assignment, may release the
requirement herein that a person must be approved by Alsco or the Club
before owning stock or membership, and that in event of any such release,
then, according to the terms of the release, the requirement shall be
deemed cancelled as fully and effectively as if never included in this
instrument. Nothing herein shall be interpreted as giving any
such owner any partnership or joint-adventurer responsibility or liability;
and none of them shall ever have any partnership or joint-adventurer right,
power or authority. Upon the incorporating of said corporation
and the conveyance or assignment to it authorized herein, Alsco shall have
no further right, responsibility, power, control, or liability in any event
as to that which it assigns or conveys, excepting such as belong, also, to
other owners of lots generally, and Alsco shall in no event be obligated to
pay any expenses of said corporation other than the incorporating
expense. Until it so conveys or assigns, Alsco shall have the
right and responsibility of management and maintenance and control and
exercise of all it is empowered hereunder to convey or assign, but after
such assignment or conveyance to the Club, then the Club only shall have
such right and responsibility, at the Club's expense. The Lake
and spillway and streets and avenues are provided for lot owners, subject
to the express condition that they and any and all other persons using or
enjoying same in any way do so at their own risk, to which by such use or
enjoyment all agree, whether or not owners of lots. The Club
shall exist and be operated subject to its articles of incorporation and as
its bylaws from time to time shall provide consistently herewith, and may
collect regular dues, equally proportionate to all owners of lots according
to the number of lots — but it shall levy no assessment except upon written
consent of the number of members or stockholders to be required therefore
by its bylaws. All owners of lots in Section 1 shall share the Lake
and streets and avenues and spillway and cooperate with owners of lots in
other Sections as said rules shall require. The Club shall
serve, alike, as to all Sections and owners of lots therein.
Alsco may establish and impose restrictions, reservations and covenants as
to additional Sections and the owners of lots in all Sections of the
purposes expressed in the introductory paragraphs hereof. From
time to time Alsco may allow exceptions, temporary or permanent, in the
application of, and may allow temporary failures in observance of, or
compliance with, any of the restrictions upon said Plat or herein and in
any of the provisions of this instrument and in any of said rules, except
and provided that, it shall do such things only when it deems the same
conducive to the accomplishment of the purposes expressed in the
introductory paragraphs hereof. Anything in this instrument to
the contrary notwithstanding, Alsco shall not be obligated in any event by
anything herein to convey to any one any of said lots.
- 23. No release authorized in this instrument and no
additional restriction or change in restrictions shall be effective unless
in writing and filed in the office of said county clerk and unless, also,
the same refer to said lots so as to insure the indexing thereof against
said lots in said office.
- 24. Each and every provision of this instrument
shall be deemed and be a covenant, regulation, restriction and reservation
running with the land as to each lot in said Section 1 and binding upon
Alsco and also upon all future owners of any of the lots in said Section 1,
their heirs, executors, administrators, devisees, legatees, successors,
trustees, grantees, and assigns, and upon the Club, its successors, any and
all of whom shall have the right and power by proper action at law or in
equity, including action for injunctive relief, to enforce this instrument
and obtain strict and prompt observance of, and compliance with, its
provisions and to prevent any violation or continuance thereof. Too,
owners of lots in other Sections shall have such right and power to enforce
and obtain observance and compliance and prevent violation or continuance
of violation; and, similarly, owners of lots in Section 1 shall have right
and power to enforce and obtain observance and compliance and prevent
violation or continuance of violation as to the plat and the restrictions,
reservations, and covenants established and imposed and reserved hereafter
as to other Sections.
- 25. Alsco reserves hereby the exclusive right to
install, own and operate, and to convey at will and for its sole benefit
and wholly free of all such rules, a water system for furnishing water
commercially to the owners of lots in said Section 1, with right to charge therefore
— but it shall not be obligated to do any thereof. For such
purposes it reserves, also, the right to use utility easements and the
streets and avenues. The Club and each lot owner shall cooperate
to the end that the aforesaid exclusive rights may be fully enjoyed and
exercised by Alsco, its successors and assigns.
- 26. Subject to all such prevailing rules, anything
in this instrument to the contrary notwithstanding, the owner of a lot
shall have the control of, and responsibility for supervision and care of,
the land at any time free of lake-water and between his front lake lot line
and the then actual edge of the lake-water nearest his said lot line and
between the lines located by extending his side lot lines in a straight
line to the actual edge of the lake-water at the time be, and may use and
shall care for the same; and if and when the lake-water fails to touch his
lot he shall, in this way and as long as the lake-water fails to touch but
no longer, be entitled for practical purposes to use his lot as though the
same extended at the time to the actual lake-water edge; and the provisions
of paragraph 10 hereof shall be applied so as to reconcile herewith as to
all lots which do not touch the actual lake-water edge as long as such
condition exists but no longer. Such owner shall keep any such
land without the boundaries of his lot in safe, clean and presentable
condition and at his expense protect against all hazards thereon.
- 27. Each reference herein to Alsco and to the Club
shall respectively, be deemed to mean and include also their respective
successors and assigns; and to this end the respective rights and benefits
provided herein for Alsco and the Club shall extend to, and be owned and
enjoyed by, their respective successors and assigns.
Invalidation of any part of this instrument by court judgment or order
shall in no way affect any of the other provisions — it being the intent
that every valid and enforceable part hereof shall stand independently and
continue irrespective of invalidity or unenforceability and continue irrespective
of invalidity or unenforceability of any other part.
- 28. While reference is made herein to real estate
other than the land included in the Platted Property, the title to such
other real estate shall not be affected hereby; and it is intended that nothing
be imposed upon such other real estate until platted and until
"restrictions, reservations, and covenants" expressly describing
the same are duly filed of record in said office.
- IN WITNESS WHEREOF, Alsco Construction Company, a
corporation under the laws of Oklahoma, the undersigned, has caused this
instrument to be executed in its corporate name, and its corporate seal to
be hereunto duly affixed, duly attested by its secretary, this 20th day of
September, 1958, at Oklahoma City, Oklahoma.
This instrument was filed for record December 7, 1962 at
10:00a.m., and duly recorded in Book 2834 page 71.
- UNDER THE AUTHORITY reserved or provided for ALSCO
CONSTRUCTION COMPANY, a corporation, hereinafter usually referred to as
Alsco, in the restrictions, reservations and covenants of record in Book
2326 at page 728 in the office of the County Clerk of Oklahoma County,
Oklahoma, Alsco, the undersigned, does hereby amend the same as follows:
- 1. By eliminating therefrom Par. 15 presently
therein and substituting in place of said paragraph the following new
paragraph, to-wit:
- 15. Except as provided to the contrary hereinafter
in this paragraph 15, as to each and all of said lots being sold or
exchanged by any one hereafter, Alsco hereby reserves, and it shall have,
the option and first right to acquire the same at the price and terms which
the then owner is offering to take therefore in case of sale or for a
consideration equivalent in fair cash market value to that which the then
owner is offering to take in case of exchange; and no sale or exchange of
any of said lots shall be made without Alsco, or any grantee to whom Alsco
conveys such option and first right to acquire, first being given fifteen
(15) days' written notice thereof and being allowed such first right to
acquire. To be sufficient to constitute such notice any written
instrument shall disclose the following: the legal description
of the lot or lots being offered for sale or exchange; as to each lot, in
case of sale the amount of the consideration expected and in case of
exchange the fair cash market value of the consideration expected and a
general description thereof, including a clear description of the location
thereof; in a general way the terms of sale or exchange agreed upon; the
name and address of the owner and of the person to whom it is expected to
make the sale or exchange; and the approximate date by which the owner
expects the proposed sale or exchange to such person to be
consummated. In event for fifteen (15) days after receipt of the
notice Alsco, its such grantee, shall fail to exercise such option and do
all things which reasonably should be done by it to complete the sale or
exchange, including the delivering of consideration in return for
conveyance in writing the duly acknowledged, then and thereupon as to that
particular sale or exchange the option and right shall be extinguished and
Alsco, its such grantee, shall lose the right to acquire and the owner may
complete that proposed sale or exchange of the lot or lots in question for
the consideration and upon the terms specified in the notice. But
Alsco, its such grantee, shall have such option and right as to all other
and further proposed sales or exchanges of the lot or lots in question,
which in turn may be lost as to each particular proposed sale or exchange
by failure to exercise same before the end of fifteen (15) days after such
written notice. Also, Alsco hereby reserves, and it shall have,
the right to convey unto the Club its such option and at Alsco's option, as
to any particular lot or lots to convey the same unto the owner or owners
at the time of the adjoining lot or lots, but no such conveyance by Alsco
shall become effective or be binding upon any one until of record in the
office of the County Clerk of Oklahoma County, Oklahoma. any
grantee to whom Alsco so conveys, including the Club in event of conveyance
of the option and right to it, must exercise the option and right before
the end of the fifteen (15) days after such notice or lose the same as to
the particular sale or exchange specified in the notice. Except
as provided to the contrary hereinafter in this paragraph 15, no sale or exchange
of any of said lots shall be consummated with or to any person not first
approved by Alsco or the Club for membership in the Club; but no such
approval of Alsco or of the Club shall be necessary before sale or exchange
to Alsco or the Club, EXCEPT AND PROVIDED THAT anything to the contrary in
these restrictions, reservations and covenants notwithstanding, in no event
shall the foregoing two provisions in this paragraph 15: (1)
the provision that Alsco, its such grantee, shall have the option and first
right to acquire and that sale or exchange shall not be consummated without
Alsco, its such grantee, first being given fifteen (15) days' notice and
allowed first right to acquire and (2) the provision that a person must be
approved by Alsco or the Club for membership in the Club before sale or
conveyance to such person shall be consummated, be or become operative (a)
against the owner in faith of any mortgage against any of said lots,
including both such owners in possession and out of possession and
including good faith mortgage owners who in good faith become owners of the
mortgaged lot or lots for the purpose of realizing upon their mortgages or
protecting themselves or their security in connection with the indebtedness
or obligation secured or be or become operative (b) against the purchaser
or purchasers at any execution, foreclosure, receivership, or other public
sale of any said lots pursuant to court order, judgment, or decree or
pursuant to other legal process, and that all persons acquiring title from
the owner of any such mortgage or from the purchaser or purchasers at any
such public sale shall take the title subject, again, to the aforesaid
option and first right to acquire of Alsco, its such grantee, and subject
also, and again, to the aforesaid provision that no sale or exchange shall
be consummated with or to any person not first approved by Alsco or the
Club for membership in the Club to the end that all persons acquiring from
the owner of any such mortgage or from the purchaser or purchasers at any
such public sale and their heirs and grantees (continuing to except as
aforesaid good faith owners of mortgages and the purchaser or purchasers at
such public sales) shall have no right to sell or exchange without first
allowing, as aforesaid, the option and first right to acquire to Alsco, its
such grantee, and shall not sell or exchange to a person not approved by
Alsco or the Club for membership in the Club before the sale or exchange. Provided
that, one having an option and right hereunder to acquire always may
release the same in writing, whereupon the option and right released shall
cease in accordance with the terms of the release, and also, Alsco, until
it assigns unto the Club as authorized by paragraph 20 of these
restrictions, reservations, and covenants, and then the Club, its
successors or assigns, may release the foregoing provision that a lot shall
be sold or exchanged only to a person first approved for membership in the
Club, whereupon the provision so released shall be deemed and be cancelled.
- 2. By adding at the close of Par. 7 thereof the
following, to-wit:
- Except and provided that,
anything to the contrary in these restrictions, reservations and
covenants notwithstanding, in no event shall the foregoing two
provisions in this paragraph 7: (1) The provision that no
lease, rental or occupation agreement shall be made and (2) the
provision that none of said lots shall ever be used or occupied by
tenants, be or become operative (a) against the owner in good faith
of any mortgage against any of said lots, including both such owners
in possession and out of possession and including good faith mortgage
owners who in good faith become owners of the mortgaged lot or lots
for the purpose of realizing upon their mortgages or protecting
themselves or their security in connection with the indebtedness or
obligation secured or be or become operative (b) against the
purchaser or purchasers at any execution, foreclosure, receivership,
or other public sale of any of said lots pursuant to court order, judgment,
or decree or pursuant to other legal process, and that all persons
acquiring title from the owner of any such mortgage or from the
purchaser at any such public sale, or from the heirs or assigns or
either, shall take the title subject, again, to the aforesaid
restriction against lease, rental, or occupation agreements and
against use or occupancy by tenants to the end that all persons
acquiring from the owner of any such mortgage or from the purchaser
or purchasers at any such public sale, or from the heirs or assigns
of any of them, and also the heirs and assigns of those so acquiring,
(continuing to except as aforesaid good faith owners of mortgages and
the purchaser or purchasers at such public sales) shall make no
lease, rental, or occupation agreement affecting any of said lots and
shall not allow the use or occupancy of their lot or lots by tenants.
- And, further, under such authority, Alsco does hereby
declare and provide further as follows:
- A. To the end that this instrument shall be indexed
in the office of said county clerk against each and all of the lots in said
Section 1, and to accomplish all other purposes herein suggested or stated,
this instrument shall affect each of said lots, and the provisions of this
instrument shall be deemed to be covenants, regulations, restrictions, and
reservations running with the land and with the title to each lot in said
Section 1.
- B. The changes in said restrictions, reservations,
and covenants so of record effected by this instrument shall be as fully
effective as if the same were incorporated therein upon the date thereof
instead of being made now; and references in said restrictions,
reservations and covenants so of record to provisions of paragraph 15 or to
paragraph 15 shall be deemed to mean and be to the new paragraph 15
established by this instrument.
-
C. Said restrictions, reservations and covenants so
of record shall continue in full force and effect as amended and
supplemented by this instrument.
- IN WITNESS WHEREOF, Alsco Construction Company has caused
this instrument to be executed in its corporate name, and its corporate
seal to be hereunto duly affixed, duly attested by its Assistant Secretary,
this 12th day of July, 1962, at Oklahoma City, Oklahoma.
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