OWNER’S RESTRICTIONS AND PROTECTIVE COVENANTS

PRESTON HILLS SECTION I

A SUBDIVISION OF THE SW 1/4 , SECTION 16, T13N,

R4W, I.M., OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA

STATE OF OKLAHOMA

COUNTY OF OKLAHOMA SS:

KNOWN ALL MEN BY THESE PRESENTS:

That the undersigned, PRESTON HILLS DEVELOPMENT CORPORATION, an Oklahoma

Corporation, hereby certify that it is the Owner of and the only person or persons, corporation or corporations, having any right, title or interest in and to the lands described as follow, to-wit:

Plat of PRESTON HILLS SECTION I, a subdivision of the SW 1/4, Section

16; T13N, R4w, I.M., Oklahoma City, Oklahoma County, Oklahoma

They further certify that they have caused said tract of land to be surveyed into blocks, lots, streets and avenues and have caused a Plat to be made of said tract, showing accurate dimensions of lots, set-back lines, designating said tract of Land as PRESTON HILLS SECTION I and hereby dedicates to public use all the streets and avenues within the addition and reserves for installation and maintenance of utilities the utility easement as shown on the recorded plat of PRESTON HILLS SECTION I.

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 themselves or their successors in title to the subdivision of said tract, hereby imposes the following restrictions and reservations to which it shall be incumbent upon its successors to adhere.

1. No structures shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single-family dwelling or duplex family dwelling, not to exceed two (2) stories in height and a private garage for not less than two (2) and not more than four (4) automobiles or covered carport of not less than two (2) and not more then four (4) automobiles and other outbuildings incidental to residential use of the plat.

2. No building shall be erected or altered on any building plat in this subdivision until the build plans, specification, including roofing and plot plat showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision and as to location of the building with respect to topography and finished grade elevation by a building committee composed of JAMES C. MENIFEE, JOYCE MINIFEE AND NEWILL MENIFEE or by a representative designated by a majority of the members of said committee. In the event of the death or resignation of any member of said committee the remaining member or 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 specifications have been submitted to it or in any event if no suit to an join the construction has been commenced prior to the completion of construction of said plans, 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 representative shall be entitled to any compensation for services performed pursuant to this covenant.

3. The building committee composed of JAMES C. MENIFEE, JOYCE MENIFEE and NEWELL MENIFEE is hereby granted the right to waive any and all restrictions imposed by this document. Said waiver must be in writing and recorded of record to be a valid waiver. Any such waiver will be at the sole discretion of the building committee.

4. No main residential building shall ever be erected, placed or constructed on any lot or building site in this subdivision unless at least seventy percent (70%) of the first floor exterior walls thereof be of brick, brick veneer, stone, stone veneer or other material specifically approved by the building committee, provided however that all windows or doors located in said exterior walls shall be excluded in the determination of the area of seventy percent (70%) of said exterior walls and further provided that there a gable-type roof is constructed and a part of the exterior walls are extended above the interior room ceiling line due to the construction of such gable-type roof, then that portion of such wall or walls extending above the interior room ceiling height may be constructed of wood material and also like wise excluded from the square foot area in determining what constitutes seventy percent (70%) of the exterior walls of said residential building.

5. No business, trade or commercial activity shall be carried on upon any residential lot, unless transacted completely within the home itself and without disturbance to neighbors. 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. No mobile home, trailers, camper, boat, motor home, truck or like equipment may be parked, stored, kept, repaired or serviced on any lot between the building line and the front property line and or on corner lots, the side building line and the street side property line for each lot as shown on the recorded plat of PRESTON HILLS SECTION 1. The intent of this covenant is to prohibit the parking or storage of any or all vehicles or equipment other than conventional passenger automobiles in operating condition in the afore described areas of each lot.

6. No structure of a temporary character, trailer, basements, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.

7. No existing structure of any type may be moved onto any lot in this addition from another location.

8. The ground floor living area of the main structure constructed, placed on any single family dwelling lot shall be not less than 2,400 square feet without the approval of he building committee exclusive of one story open porches and garages for any one story dwelling not less than 2,400 square feet total floor area for any single family dwelling of more than one story. No roofing material shall be used on any structure located on any lot in PRESTON HILL SECTION I without the approval of the building committees.

9. No animals, livestock or poultry of any kind shall be raised, bred or kept -on any lot except that dogs, cats or other household pet may be kept provided that they are not kept, bred or maintained for any commercial purpose.

10. No noxious or offensive trade or activity shall ever be carried on upon any lot in PRESTON HILLS SECTION I nor shall anything ever be done thereon which may be or become an annoyance or nuisance to the neighborhood.

11. No trash, ashes or other refuse may be thrown, placed or dumped on any vacant lot in PRESTON HILLS SECTION I.

12. The construction or maintenance of billboard or advertising boards or structures on any lot in PRESTON HILLS SECTION I is prohibited. This prohibition, however, shall not affect signs or billboards advertising the rental or sale of such property provided that they do not exceed ten (10) square feet in size unless specific written consent for a larger size is obtained from the building committee previously set out in paragraph two (2) above.

13. No leaching cesspool shall ever be constructed and /or used on any lot or block in PRESTON HILLS SECTION I.

14. All small drainage channel, emergency overflow and other swales which are important to abutting properties but are not part of the drainage system maintained by public authority or utility company shall be the property owner's responsibility; and it shall be the responsibility of the owner to (a) keep the easements, channels and swales free of any structure, planting or other material which may change the direction of flow or obstruct or retard the flow of surface water in the channels or swales-whether they be in easements or contained on the individual property owner's lot and (b) the property owner shall provide continuous maintenance of the improvements in the easements or of the channels or swales; except for the improvements for which a public authority, utility company or property owner's maintenance association is responsible.

15. Those covenants are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 2020 at which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part.

16. If the parties hereto or any of them or their heirs, successors or assigns shall violate or attempt to violate any of the covenants herein it shall be lawful for any other person or persons 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 prevent him or them from so doing or to recover damages or other dues for such violation.

17. Invalidation of any one of the covenant by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and affect.

AMENDMENT TO OWNER’S RESTRICTIONS AND

PROTECTIVE COVENANTS, PRESTON HILLS, SECTION

ONE, A SUBDIVISION TO OKLAHOMA COUNTY, OKLAHOMA

The undersigned, Preston Hills Development Corporation, does hereby certify it is the owner and only person, firm or corporation having a right, title and interest in and to the land platted and known as Lots One (1) and Two (2), Block One (1) and Lots One (1), and Two (2) Block Three (3), Preston Hills, Section One, a subdivision to Oklahoma City, Oklahoma County, Oklahoma.

Heretofore and on the 3rd day of August, 1990 there was recorded in Book 6075 at Page 675 of the records of Oklahoma County an Owner's Restrictions and Protective Covenants, Preston Hills, Section one, reference being made thereto. It is the desire of the owners of Lots One (1) and Two (2), Block One (1), and Lots One (1) and Two (2), Block Three (3), Preston Hills Section One, a subdivision to Oklahoma City, Oklahoma County, Oklahoma, that the said existing Owner’s Restrictions and Protective Covenants be enlarged as follows in regards to Lots One (1) and Two (2), Block One (1) and Lots One (1) and Two (2), Bock Three (3), Preston Hills, Section One, a subdivision to Oklahoma City, Oklahoma County, Oklahoma:

1. There will be constructed and erected upon the property described as follows:

Lots One (1) and Two (2), Block One (1) and Lots One (1) and Two (2), 
Block Three (3) Preston Hills Section One, a subdivision to Oklahoma
City, Oklahoma County, Oklahoma,

a brick wall approximately six to eight f feet in height and which shall include a decorative entrance to the subdivision at N.W. 128th Street from Rockwell Avenue. The wall will be erected upon a center line which is approximately twenty-two feet East of the Western boundary and property line of the above described real property. The wall will have certain-indentions of approximately three feet for strengthening and also for esthetic purposes. The entrance way will be on diagonal parallel to the property lines on N.W. 128th Street in Lot One of Block One and Lot One of Block Three.

This wall and the entrance way are permanent (except that the wall was built with a revocable permit and the City may arrange to have the wall removed at their discretion) and will not be removed, changed, demolished in whole or in part, defaced, damaged, removed or marred in any manner by the owners of property within Lots One (1) and Two (2), Block One (1) and Lots one (1) and Two (2), Block Three (3), Preston Hills Section One. This wall will divide the Lots One (1) and Two (2), Block One (1) and One (1) and Two (2), Block Three (3), Preston Hills Section One leaving part of the lots West of the wall unuseable except as green area and landscape area for the common benefit of owners in Preston Hills Section One. This area West of the wall will not be fenced or used for any purpose except green area. The wall is intended as a protection and sound barrier to the property owners of the subdivision and shall be retained as such, subject to the terms and conditions of the original Owner’s Restrictions and Protective Covenants filed as indicated.