DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
“BELMONT PARK III”
A SUBDIVISION OF THE BELMONT FARMS RESIDENTIAL COMMUNITY
PART OF THE SW ¼, SECTION 11, T14N, R3W, I.M. OKLAHOMA COUNTY, OKLAHOMA
CITY OF EDMOND, OKLAHOMA
______
As recorded in Book 70 of Plats, Page 23 of the Public Records, Oklahoma County, Oklahoma
THIS DECLARATION, is made on this 7th day of November, 2012, by Belmont Farms, L.L.C., a Limited Liability Company, organized under and existing by virtue of the laws of the State of Oklahoma, hereinafter referred to as the “DECLARANT”.
THIS DECLARATION, is complementary to the existing Declaration of Covenants, Conditions, and Restrictions covering and affecting the Belmont Farms Residential Community filed of record on March 3rd, 2000 Book 7790, Page 1890 of the public records of Oklahoma County, Oklahoma. “Exhibit B”
WITNESSETH
WHEREAS, DECLARANT is the owner of certain real property located in the City of Edmond, Oklahoma County, State of Oklahoma and more particularly described in “Exhibit A”, and
WHEREAS, DECLARANT has dedicated, platted, and recorded this real property in Book 70 of Plats, Page 23, of public records of Oklahoma County, Oklahoma as “Belmont Park III”, and
WHEREAS, DECLARANT, in accordance with the following articles contained within the Belmont Farms Residential Community’s Declaration of Covenants, Conditions and Restrictions filed on March 3rd, 2000 Book 7790, Page 1890, provides for the inclusion of the “Belmont Park III” subdivision into the Belmont Farms Residential Community:
Article I, “Definitions”, Section 1, Item M. Subdivisions,
Article II, “Future Intent”, Section 1,
Article III, “Property Subject to this Declaration”,
Article VIII, “Uses of Land”, and
WHEREAS, DECLARANT provides for the conveyance of:
“Belmont Park III” Common Areas – Block CC and Block DD
as represented on the “Belmont Park III” filed plat, to the Belmont Farms Homeowner’s Association for its member’s common use and enjoyment in accordance with the following Articles contained within the Belmont Farms’ Declaration of Covenants, Conditions and Restrictions filed on March 3rd, 2000:
Article I, “Definitions”, Section 1, Item C. Common Areas,
Article II, “Future Intent”, Section 1,
Article VIII, “Uses of Land”, and
WHEREAS, DECLARANT provides that the “Belmont Park III” owners will be members of the Belmont Farms Homeowner’s Association and as such are subject to its Articles of Incorporation, By-Laws, and rules and regulations in accordance with the following articles contained within Belmont Farms’ Declaration of Covenants, Conditions and Restrictions filed on March 3rd, 2000:
Article II, “Future Intent”, Section 1,
Article IV, “Membership in the Association”, and
WHEREAS, DECLARANT provides that “Belmont Park III” as a subdivision of the Belmont Farms Residential Community is subject to the Belmont Farms Declaration of Covenants, Conditions and Restrictions filed on March 3rd, 2000 Book 7790, Page 1890, with exception to the following item:
EXCEPT THAT, Article V, “Ownership, Use, and Management of the Common Areas”, Sections 11 & 12, “Park/Lake Area”, sentence 4, shall be amended to read, “There shall be no fishing, boating, swimming, or recreational use of the land and water which may compromise the lake. Fishing shall be permitted by the owners, family, guests, and invitees of owners provided that it is conducted in the presence of the owner who invited the guests, or invitees and provided that it does not encroach onto the property of lot owners abutting such common area. Upon approval by the Association’s Board of Directors, owners of lots that directly abut the Lake Common Area may keep a non-gas motorized craft, no longer than 12’, hidden from view when not in use”, and
EXCEPT THAT, Article VI , “Classes of Members and Voting Rights”, Section 1, “Voting Classes’ shall be amended to read:
Class A. Class A Members shall be all those Owners of single-family residential Lots with the exception of DECLARANT. Each Class A Member shall be entitled to one vote for each Lot in which the member holds the interest required for membership by Article IV. When more than one person holds such interest in any Lot, all such persons shall be 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. Class B Member(s) shall be the DECLARANT, its successors and assigns. The Class B Member (s) shall be entitled to four (4) votes for each Lot in which it holds the interest required for membership by Article IV. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever first occurs:
a) When Class A lots exceed 65 within Belmont Park III or 364 cumulatively within the HOA
b) On January 1, 2020
c) Or earlier if in its discretion the DECLARANT so determines.
From and after the happening of these events, whichever occurs earlier, the Class “B” Member shall be deemed to be a Class “A” Member entitled to one vote for each Lot in which it holds the interest required for membership under Article IV hereof and,
WHEREAS, DECLARANT provides that the “Belmont Park III” construction requirements are subject to the existing construction requirements outlined within Belmont Farms’ Declaration of Covenants, Conditions and Restrictions’ Article IX “Architecture, Size, Material, Plotting, and Fencing” with exception to the following changes or additions:
EXCEPT THAT Article IX, Section 1, “Architecture”, the following shall be added:
“All Belmont Park III, Block 8 residences (7 lots) must be of two story construction with an upstairs walk-out balcony and metal fence/railing; if fencing is desired, it shall be of black metal fencing design, with an exception to provide for privacy cedar shadow box on the front 100’ of lot (per the governing declarations, adjoining fences must be set back at least five (5) feet from the front of any building structure upon which the fence may abut), and
Any lots obtained by the Homeowner’s Association for the purposes of community amenities and enhancements will be exempt from the two story and fencing requirements and will also be exempt from the mandated minimum floor space and structure requirements. Lots obtained by the Homeowner’s Association may be used for multiple purposes including but not limited to the construction of a community clubhouse, swimming pool, basketball court, tennis court, parking lot, playground and/or other amenities elected by the Homeowner’s Association and architecturally approved by the Architectural Review Committee.and,
Any lots adjoining or abutting an existing residence that are owned by the residence owner may be waived of the minimum floor footage structure requirement if it is being used as a complimentary addition to the existing residence, such as a complimentary pool and cabana structure, and that it complies to like architectural style to the abutting home, and that it is approved in writing by the architectural review committee. All adjoining/complimentary lot purchases such as the one described here are required to install sidewalks at or prior to 80% completion of the Belmont Park III build out. Fences on these adjoining/complimentary lots, if desired, must be set back 5’ from the platted building setback lines. and,
EXCEPT THAT Article IX, Section 2, “Size and Height”, the following shall be added:
“Residences constructed must have a minimum floor space and roof height as follows:
Square Footage Roof Pitch
Belmont Park III Block 8 (7 lots) Two story homes 2,700 sq. ft 9/12
Belmont Park III Block 9 (59 lots) Single story homes 2,400 sq. ft 9/12
OR
Block 9 (59 lots) Two story homes 2,700 sq. ft 9/12
- All homes in Block 8 are to be two story with a walk out balcony and metal railing.
- The 9/12 roof pitch requirement is applicable to enclosed living and garage footage and is not intended to be applicable to front and rear covered porches; decorative shed roof attachments and dormers; and shed roof or copper top bay windows as evidenced by existing homes in the community. and,
EXCEPT THAT Article IX, Section 3, “Materials”, the following shall replace the first two sentences: “The principle exterior of any residence shall be at least eighty (80%) percent brick or stone and twenty (20%) may be of architectural siding (shake shingle, scallop, or stucco board). Straight line lap and gap siding is prohibited with exception to small single or double window dormers, plastic and vinyl siding is strictly prohibited. Stucco can be used as an accent but within the proportional guidelines set out above
EXCEPT THAT Article IX, Section 4, “Roofing”, the following shall be amended to read, “The acceptable roofing material must be approved by Declarant (see Architectural Review Committee’s list of approved shingles dated March 16, 2012). and,
EXCEPT THAT Article IX, Section 7, “Guttering”, the following shall be added, “The guttering requirements are as follows:
Belmont Park III – 100% of the home”, and
EXCEPT THAT Article IX, Section 8, “Garages”, shall be amended to read, “Garages may be front, side, or rear entry. Builders are encouraged when ever possible to use side or rear entry; or if using front entry, to set back from the front line of the house if possible”, and
Garage door style should integrate that of the trimmed carriage style design, and
3 car garage style required (one single & one double; tandem garages do not count as a garage, and
EXCEPT THAT, Article IX, Section 9, “Fencing”, shall be amended to further include, “In addition to black metal fencing, cedar shadow box fencing shall also be permitted. Approval must be obtained from the Declarant for the installation of all fencing. All cedar fencing must be of shadow box design with 1”x6”x6’ cedar boards not to exceed 4” air space between each board, 3-2”x4” cedar runners which have been installed on 2 3/8”x8’ss20 galvanized steel post with 3 steel post flanges, 12 – ¼” x1 ¼ zinc lag screws and 1 – 2 3/8” dome caps per post. Posts should be no higher than 6’ in height. All Cedar wood fencing must be 2” above grade level. Homeowner will be required to maintain and/or make repairs to fencing if necessary.”, and
EXCEPT THAT, Article IX, Section 11, “Landscaping”, The following shall be added: A landscaping completion bond of up to $5,000 (150%), andas determined by declarant, shall be placed into escrow with the Homeowner’s Association for any home that is to be occupied prior to meeting the covenant landscaping requirements for the purposes of ensuring that adequate landscape funding is provided for and to ensure landscape expenses are integrated into the home’s final sales price. The escrow will be collected at the time of closing along with the prorated homeowner association dues. Escrow shall be released upon covenant compliance as determined by the declarant.
EXCEPT THAT, Article IX, Section 11, “Landscaping”, item C, shall be amended to read, “The minimum tree requirements are as follows:
Belmont Park III - three (3) 4" caliper 12' trees, and
EXCEPT THAT, Article IX, Section 13, “Retaining Walls”, the following shall be added, “Interpretation of stone retaining walls includes the use of concrete retaining walls provided that they are architecturally finished (stucco or hand rubbed finish). and,
FURTHERMORE, these amendments shall be for Belmont Park III only and shall not apply to Belmont Estates I, Belmont Village I, Belmont Landing, Belmont Ridge I or II, or Belmont Park I or II.
NOW THEREFORE, the undersigned Declarant is the owner of all lots and blocks located in and a part of “Belmont Park III”, as recorded in Book 70 of Plats, Page 23, of public records of Oklahoma County, Oklahoma and with exception to the items listed herein, does hereby adopt the terms, conditions, and provisions as set out and contained in the Declaration of Covenants, Conditions and Restrictions covering and affecting the Belmont Farms Residential Community filed of record on March 3rd, 2000 Book 7790, Page 1890 of the public records of Oklahoma County, Oklahoma, and the same shall apply to and be effective for all lots and blocks dedicated as part of the platted area known as Belmont Park III, as recorded in Book 70 of Plats, Page 23, of public records of Oklahoma County, State of Oklahoma, as though the same were included in detail herein. Further, the owners of the lots and blocks referred to in the platted area last above set out shall become a part of Belmont Farms Homeowner’s Association Inc.
IN WITNESS WHEREOF, THE DECLARANT has set their hand and seal this ____ day of ______, 2012.
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Dorothy Sadeghy, Manager, Belmont Farms, L.L.C.
STATE OF OKLAHOMA )
) SS: COUNTY OF OKLAHOMA )
Before me, the undersigned Notary Public, in and for said County and State, on this ____ day of ______, 2012, personally appeared Dorothy Sadeghy, Manager, Belmont Farms L.L.C., an Oklahoma Limited Liability Company, to me known to be the identical persons who subscribed the name of the maker thereof to the foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed of such officer, 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:
______
IN WITNESS WHEREOF, THE DECLARANT has set their hand and seal this ____ day of ______, 2012.
______
Dorothy Sadeghy, Manager, Belmont Farms, L.L.C.
STATE OF OKLAHOMA )
) SS:
COUNTY OF OKLAHOMA )
Before me, the undersigned Notary Public, in and for said County and State, on this ____ day of ______, 2012, personally appeared Dorothy Sadeghy, Manager, Belmont Farms L.L.C., an Oklahoma Limited Liability Company, to me known to be the identical persons who subscribed the name of the maker thereof to the foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed of such officer, 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:
______
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