Untitled Document

AMENDED
(TO REPLACE COVENANTS FILED JANUARY 16, 2007, BOOK 2125 PAGES 84-95)
OWNERS’ CERTIFICATE AND DEDICATION
LOTS 1-6, BLOCK 1 AND ALL OF BLOCK 2 SADDLEBACK LAKE ESTATES TO THE TOWN OF HENNESSEY, KINGFISHER COUNTY, OKLAHOMA, ACCORDING TO
THE RECORDED PLAT THEREOF

That Kevin and Traci Fuksa does hereby certify that it is the owner of and the only party having any right, title or interest in a tract of land, being more particularly described as follows:

Lots One Through Six (1-6), Block One (1) and Lots One Through 12 (1-12) Block Two (2) and Tract “A” Proposed Lake, Saddleback Lake Estates to the Town of Hennessey, Kingfisher County, Oklahoma, according to the recorded plat thereof. This tract is situated in the

Southeast Quarter (SE/4) Section Twenty Four (24), Township Nineteen (19) Range Seven (7) West, Indian Meridian and more particularly described as:
Beginning at the southeast corner of said Southeast Quarter of Section 24;
Thence North 89 degrees 21 minutes 15 seconds West along the south line of said Southeast Quarter for a distance of 638.25 feet;
Thence North 00 degrees 00 minutes 00 seconds East for a distance of 473.10 feet to the beginning of a non-tangential curve;
Thence Easterly 16.81 feet along a curve with a 1022.18 foot radius to the left (long chord of which bears North 87 degrees 07 minutes 39 seconds East a distance of 16.81 feet) with a tangent of 8.41 feet and a delta of 0 degrees 56 minutes 32 seconds;
Thence North 86 degrees 39 minutes 23 seconds East for a distance of 50.00 feet;
Thence 103.89 feet along a curve with a 1972.18 foot radius to the right (long chord of which bears North 88 degrees 09 minutes 56 seconds East a distance of 103.88 feet) with a tangent of 51.96 feet and a delta of 3 degrees 01 minutes 05 seconds;
Thence North 00 degrees 19 minutes 32 seconds West for a distance of 50.00 feet;
Thence Easterly 10.28 feet along a curve with a 2022.18 foot radius to the right (long chord of which bears North 89 degrees 49 minutes 13 seconds East a distance of 10.28 feet) with a tangent of 5.14 feet and a delta of 0 degrees 17 minutes 28 seconds;
Thence North 00 degrees 00 minutes 00 seconds East for a distance of 127.75 feet;
Thence South 89 degrees 21 minutes 15 seconds East for a distance of 457.55 feet;
Thence South 00 degrees 00 minutes 53 seconds East along the east line of said Southeast Quarter (SE/4) Section 24, a distance of 660.00 feet to the POINT OF BEGINNING.

Above described tract contains 8.928 acres, more or less. Basis of bearings is geodetic.

It further certifies that it has caused said tract of land to be surveyed and platted into lots, blocks, streets, easements, and Lake area, and has caused the plat to be made of said tract, showing accurate dimensions of lots, set-back lines, rights-of-ways, widths of streets and easements for utilities, drainage and Lake area. It hereby designates said tract of land as

Lots 1-6, Block 1 and Lots 1-12, Block 2, and Tract “A” Proposed Lake, Saddleback Lake Estates Addition to the Town of Hennessey, Oklahoma according to the recorded plat thereof.

And hereby dedicates to the public use all the streets and avenues within the subdivision and reserve for installation and maintenance of utilities that easement area as is designated in the said plat.

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 ourselves or our successors in title to the subdivision of said tract, we hereby impose the following restrictions and reservations to which it shall be incumbent upon our successors to adhere.

THIS DECLARATION, made on the date hereinafter set forth by Kevin and Traci Fuksa, hereinafter referred to as “Declarant”.

WHEREAS, now therefore, declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding of all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

Section 1. “Association” shall mean and refer to the Saddleback Lake Estates Owners Association, Inc., its successors and assigns.

Section 2. “Owner” shall mean and refer to the record owner, and stock member in the association, whether one or more persons or entities, of a fee simple title to any lot which is a part of the properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Stock certificates will not be issued; the filing of the warranty deed declaring ownership shall entitle owner to be a Class A Stock Member.

Section 3. “Properties” shall mean and refer to that certain real property hereinbefore described as the plat Saddleback Lake Estates.

Section 4. “Lake Area” shall mean all real property owned by the Association of the common use and enjoyment of the owners. The Lake Area to owned by the Association at the time of the conveyance of the first lot is described as follows:

Tract “A” of the recorded plat of Saddleback Lake Estates Addition to the Town of Hennessey, Oklahoma, designated as “Proposed Lake” and is drawn of recorded plat.

Section 5. “Water Easement” shall mean all that is part of said plat lying between the Proposed Lake Area and the lakeshore.

Section 6. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Lake Area.

Section 7. “Declarant” shall mean and refer to Kevin and Traci Fuksa, its successors and assigns if such successors or assigns should acquire more than one developed Lot from the Declarant for the purpose of development.

Section 1. OWNERS’ EASEMENT OF ENJOYMENT. Every owner shall have a right and easement of enjoyment in and to the Lake Area, which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:

The right of the Association to charge reasonable admission and other fees for the use of the Lake Area.
The right of the Association to suspend the voting rights and right to use the recreational facilities by an owner for any period during which any assessments against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;
The right of the Association to dedicate or transfer all or any part of the Lake 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 each class of members agreeing to such dedication or transfer has been recorded.

Section 2. DELEGATION OF USE. Any owner may delegate, in accordance with
the By-Laws, his right of enjoyment to the Lake Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.

ARTICLE III
MEMBERSHIP AND VOTING RIGHTS

Section 1. Every owner of a lot which is subject to assessment shall be a stock member of the Association. Stock membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.

Section 2. The Association shall have two classes of voting stock membership:

Class A. Class A stock members shall be all owners with the exception of the Declarant and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be stock members. The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot.

Class B. The Class B stock members shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B stock membership shall cease and be converted to Class A stock membership when the total votes outstanding in the Class A stock membership equal the total votes outstanding in the Class B stock membership.

ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the Properties, hereby covenants, and each Owner of any lot of acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association:

Annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as herein-after provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessments, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall pass to his successors in title. The Association is permitted to file of public record a Notice of Lien on any property with unpaid assessments.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Lake Area.

Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the assessment shall be $17 per month or $204 annually per Lot prorated from the month of purchase to end of the first year of residency. The assessment will be payable on a five year rate of $1,000 due at the time of closing on the purchase of the lot. After the 5-year period has expired, assessments will be due and payable on January 15 of the following year at $204 a year or $1,000 for 5 years. If the assessments are increased (can only be increased by a majority stock member vote), then members will be notified in writing and invoiced for the difference. If a member moves out of the subdivision and cancels their membership in the association, a prorated refund will be issued.
Declarant is exempt from any and all assessments and will not benefit from the use of the Lake Area.

Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Lake Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of the two-thirds (2/3) of the votes of each class of stock members who are voting in person or by proxy at a meeting duly called for this purpose.

Section 5. Notice and Quorum for any Action Authorized under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all stock members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of stock 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 (½) of the required quorum at the preceding meeting. NO such subsequent meeting shall be held more than 60 days following the preceding meeting.

Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots.

Section 7. Date of Commencement of Annual Assessments: Due Dates: The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Lake Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot has been paid.

Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 6 percent per annum. The Association may bring an action of law against the Owner personally obligated to pay the same, or foreclose the lien against the Property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Lake Area or abandonment of his Lot.

Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.

No building, fence, wall or other structure shall be commenced, altered, erected, placed or maintained upon the Properties, nor shall any exterior addition to or changed or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to conformity and harmony of external design and location in relation to surrounding structures and topography by the Architectural Committee composed of Kevin Fuksa and Traci Fuksa, or a representative designated by majority of the members of said committee. In the event of the death or resignation of any member of said committee, the remaining number of members shall have full authority to designate a successor. In the event said committee, or its designated representative, fails to approve or disapprove within thirty (30) days after said plan and specifications have been submitted to it, or, in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and this covenant shall be deemed to have been fully complied with. Neither the members of such committee, nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant.

At any time, the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties.

Blocks 1 and 2 of Saddleback Lake Estates Addition to the Town of Hennessey, Oklahoma, according to the recorded plat thereof.

has designated Tract “A” as Proposed Lake Area intended for use by the Homeowners in Saddleback Lake Estates for recreation and other related activities.
The designated areas are not dedicated hereby for use by the general public, but are dedicated to the common use and enjoyment of the Homeowners of Saddleback Lake Estates.

The Saddleback Lake Estates Homeowner’s Association, Inc., Declarant, Association’s Board of Directors and officers, individually or collectively, will assume no responsibility for accidents or injury to individuals using the Lake Area. Use of area is “AT OWN RISK” and liability is placed solely on the individual or individuals using the area.

Application of herbicides, fertilizers and insecticides on private property can only be applied by a Licensed Applicator, licensed and bonded by the State of Oklahoma from an approved list of Applicators compiled by the Directors of the Owner’s Association.

No fence or any structure can be built in or on the lake, other than piers may be built with prior approval of plans and specifications by the Architectural Committee.

Shore line may be altered by lot owners, subject to prior approval by the Architectural Committee.

Row boats, paddle boats, sail boats and boats powered by electric motors are allowed on the lake. No gasoline or diesel powered crafts allowed.

Water plants may not be planted in the lake except by the authority of the Board of Directors of the Home Owner’s association. Any of such plants may be removed from the lake by the said directors if said plants are deemed a nuisance or undesirable by the Directors.

Any owner has the right to use and enjoy all section of the lake, including that area designated on the plat as Proposed Lake Area, regardless of what Lot is owned.

Ducks and water birds are allowed. However, should the Directors of the Owners Association deem them a nuisance, said Board may cause the removal of said birds. City codes would apply for the removal of the nuisance.

The Directors of the Owners Association have specific authority to enter into contracts for maintenance of the lake with any person, firm or corporation.

No fish are to be introduced or placed in the lake other than those provided by the Directors of the Owners Association.

Members of the Association may have guests using the lake, if accompanied by said members.

The Directors of the Owners Association may, from time to time, alter or change lake rules and regulations. Members of the Association must be notified of said changes by said Directors.

The fee title to any Lot described as bounded by any street, lane, walkway, park, playground, lake, pond, pool or any other common property which has not been dedicated or accepted by the public and the fee title to any lot shown on the recorded plat of Saddleback Lake Estates as abutting upon any such common property shall not extend upon such common property and the fee title to such common property is reserved to the grantor to be conveyed to the Association for the common enjoyment of all residents in Saddleback Lake Estates.

Section 1. All lots within the subdivision shall be known and designated as residential building plots. No structures shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single-family dwelling not to exceed two stories in height and a private garage for not less than two (2) automobiles and other out-buildings incidental to residential use of the plat. Covered space (garage) for a minimum of two (2) automobiles shall be erected for each residence. Carports will not be permitted.

Section 2. No building shall be located on any lot nearer to the front lot line, or nearer to the side lot lines, or nearer to the side street line than the minimum building set-back lines shown on the recorded plat. In any event, no building shall be located on any residential plot nearer than 25 feet to the front lot line or nearer than 15 feet to any side street line, or nearer than 5 feet of any interior lot line. No detached garage or other outbuildings shall be located nearer than 5 feet to any side yard. All mail boxes shall be of brick construction next to frontage curb. Only mail boxes furnished by Declarant shall be permitted. Replacements must match the original mail boxes.

Section 3. For the purpose of this covenant, eaves, steps and open porches shall be considered as a part of a building. Such portions of the building will not be permitted any portion to encroach upon another lot. All roofs must be of a laminated 25-year shingle. All roof shingles must be approved by developer before application begins. Replacement roofs must be approved by the majority home owners in the subdivision. This includes new construction or new roofs that are applied. Roof overhangs, except on gable ends, shall extend 18 inches or more from the wall. Exceptions to this will be permitted if it is deemed a detriment to the appearance of the design, or, if said overhang would be below window head height on a steep roof, or, if it would necessitate removal of large trees (4" diameter or larger).

Section 4. No main residential structure may be constructed or erected on any lot in said addition unless the ground floor area of such building, exclusive of open porches, garages, breeze ways and rooms constructed over garages, exceeds 1550 sqft. All plans and specifications must be approved by Architectural Committee. Exterior wall surfaces shall be a minimum of 75% brick, native stone, stucco, or split rock. Material for areas where brick is not feasible, such as soffits or roof valleys shall be of vinyl siding or soffit board or cement board. Stucco means a minimum thickness of one-half inch (½”) of Portland cement over a proper base.

Section 5. No business, commercial or trade activity shall be carried on upon any lot. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

Section 6. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently. Also, no boat, camper, trailer, or similar item shall ever be left in the driveway for a period longer than twenty-four (24) hours. Also, no boat, camper, trailer, vehicle or similar item shall be left parked in the street in front of any lot for a longer period than twenty-four (24) hours. No boat, camper, trailer, vehicle or similar item is ever to be parked in the front or back lawn of any said lot or around the Lake Area. No record owner of any tract herein shall allow trucks, trailer houses, trailers, or other vehicles, to be parked on or about his premises overnight, and no owner of any tract in this addition shall allow any vehicles or machinery to remain on or about his premises when the same is what is commonly referred to as junk or salvage. No overnight parking of any vehicle allowed in public thorofares. Trailers, camper trailers, boats or similar vehicles, shall not be permitted to be parked outside of garages except they may be permitted to be parked behind screening or fencing approved by the Architectural Committee, referred to in Article V herein.

Section 7. No overhead electric conductor or service lines shall ever be erected or maintained on any lot, and no owner or occupant of any lot shall demand or require the furnishing of electric service through or from overhead wire facilities so long as electric service is available from an underground distribution system. This restrictive covenant may be enforced by the owner of any lot or by the electric supplier. No clothes lines will be permitted on any lot.

Section 8. No fences or walls or hedges shall be installed on the front portion of any lot in this subdivision between the front lot line and the front building setback line. Back yard fences shall be of vertical member faces with the framing on the inside of the fence. Wood finish shall be of natural wood or also permitted are black wrought iron fences. Lots that back up to the Lake Area will not be permitted to put up wooden fences that block the view of the Lake Area. Wrought iron - black fences will be mandatory for lots that want a fence and back up to the Lake Area.

Section 9. No building, obstruction or structure, temporary or permanent shall be erected, maintained, constructed, or be permitted to exist upon any area, or areas, designated on the plat of said Addition as a public utility or drainage easement, which are hereby reserved for such purposes.

Section 10. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. City and state ordinances would apply for leash laws and housing and caring for such pets.

Section 11. No cesspool shall ever be constructed or used on any lot in said Addition.

Section 12. No house, building or other structure previously erected and used on any other site shall be moved into the above Addition and placed upon any of the lots in said Addition. All homes shall be of new construction. After construction has begun on lot herein, it must be completed within a twelve (12) month period from date of beginning, unless extension therefore is specifically given in writing by the Architectural Committee, referred to in Article V herein.

Section 13. There shall not be placed upon or permitted to remain upon any of the lots in said addition any advertisement, display, sign or billboard of any nature except that the owner of such lot may erect thereon a temporary “for sale” sign in an effort to sell such real estate. Developer of record has the right to place billboard signs on all entrances of said subdivision not to exceed 15x20 feet.

Section 14. No outbuildings of any type shall be erected, placed or maintained on any of the lots in said Addition unless the exterior is of same material of the home. (ie brick, stone or stucco). Outbuildings shall be no larger than 200 sqft. and shall be approved by the building committee hereinafter designated.

Section 15. No trees of eight (8) inches or more in diameter shall be cut down with the exception of where the house drives will be constructed, without the permission of the advisory committee. Every effort shall be made by the owners to fit structures to site and preserve the trees and the natural topography of the lot.

Section 16. No lot or lots within this subdivision shall be divided or split by conveyance or any other means, unless the same is submitted and approved by the Committee referred to herein.

Section 17. Trash and garbage cans shall be screened from view from all directions.

Section 18. All tracts within the division must be kept free from weeds, trash, rubbish or other unsightly materials and if the same accumulate upon any tract, the Association has the power and authority to have the same cut, cleaned and removed and charge the owner of any such tract the costs to do so.

Section 19. Spark guards shall be installed and maintained in effective condition on all wood burning fireplace chimneys.

Section 20. No basketball goals shall be permitted on the front of the house, nor in the front yard.

Section 21. All persons, corporations, partnerships or other entities purchasing or acquiring title to any or all of the real property hereinbefore described subsequent to the filing for record of these protective and restrictive covenants in the office of the County Clerk of Kingfisher County, Oklahoma, shall take the same subject to and be bound by all of the restrictions and limitations herein contained and by the acceptance of a conveyance therefore, thereby agree to be bound by and observe and keep all such restrictive covenants and which shall be binding upon all of themselves, their heirs, successors, representatives and assigns.

Section 1. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2027, at which time said covenants shall be automatically extended for successive periods of ten years, and subsequent every ten years, unless an instrument signed by a majority of the then owners of lots has been recorded, agreeing to change said covenants in whole or in part.

Section 2. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. If the parties hereto, or any of them or their heirs, or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to present him or them from doing or to recover damages or other dues for such violation.

Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect.

Section 4. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive period of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by any instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded at the County Clerk, Kingfisher County Court House.

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set their hands and seals this __________________ day of __________________________, 2007.