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Articles of Association
Note: This is a reproduction of one copy of the Articles
and may contain inaccuracies. The official copy is on file
with the Cleveland County clerk's office.
ARTICLES OF ASSOCIATION
CASCADE ESTATES SECTION 2 HOMEOWNERS' ASSOCIATION
A PLANNED UNIT DEVELOPMENT
In compliance with the requirements of Title 60 Okla.
Stat. Ann., Section 852.8, the undesigned, being the record
owners as of the date hereof of all of those certain residential
building lots and common areas depicted on the official
plats for Cascade Estates Section 2, more particularly
described on Exhibit "A" attached hereto and made a part
hereof, have this date formed an unincorporated homeowners
association, pursuant to the above-cited Statute and in
pursuance thereof do hereby certify:
ARTICLE I
The name of the Association is CASCADE ESTATES SECTION 2
HOMEOWNERS' ASSOCIATION, A Planned Unit Development, an
unincorporated association (hereinafter called the "Association").
ARTICLE II
The principal office of the Association is located at
4300 Brookfield Dr., Norman, Oklahoma 73072, Cleveland
County, Oklahoma.
ARTICLE III
Mickey L. Class, whose address is 4300 Brookfield. Dr.,
Norman, Cleveland County, Oklahoma, is hereby appointed the
registered service agent of the Association.
ARTICLE IV
The terms "Association", "Common Area", "Declarant",
"Lots", "Owner", and "Property" as used in these Articles of
Association shall have the meanings set forth in the declara-
tion of Covenants and Restrictions for Cascade Estates Section
2 Addition relating to the Cascade Estates Section 2 Homeowner's
Association dated October 8, 1999, and recorded in
Book 310 b at Page 1392-1415 in the office of the County Clerk of
Cleveland County, Oklahoma (the "Declaration").
ARTICLE V
The Association shall not operate for pecuniary gain or
profit, shall not issue capital stock, and no part of the net
earnings of the Association shall inure to the benefit of any
member or individual (except that reasonable compensation may
be paid for services rendered), and the specific purposes for
which it is formed are to provide for: (i) the use, improvement,
maintenance, operation and repair of the Common Areas
located in the Property, including any improvements and
amenities located thereon; (ii) the establishment of rules and
regulations for the use of the Common Areas including any
improvements and amenities located thereon; (iii) the distribution
among the Owners of the Property of the costs of the
use, improvement, maintenance and repair of the Common Areas,
including any improvements and amenities located thereon; and
(iv) the promotion of the health, safety, pleasure, recreation
and welfare of the residents of the Lots within the Property.
In furtherance of these purposes, the Association (by action
of its Directors unless otherwise noted in these Articles of
Association or in the Declaration) shall have full power to:
- exercise all of the powers and privileges and
to perform all of the duties and obligations of the Association
as set forth in the Declaration as the same may be
amended from time to time as therein provided, the Declaration
being incorporated herein by reference as if set forth at
length;
- fix, levy, collect and enforce payment by any
lawful means of all charges or assessments pursuant to the
terms of the Declaration; to pay all expenses in connection
therewith and all office and other expenses incident to the
conduct of the affairs of the Association including all
licenses , taxes or governmental charges levied or imposed
against the property by the Association;
- acquire (by gift, purchase or otherwise), own,
hold, improve, build upon operate, maintain, convey, sell,
lease, transfer, dedicate for public use or otherwise dispose
of real or personal property in connection with the affairs of
the Association, subject, however, to the requirements of the
Declaration;
- borrow money and, with the assent of ninety
percent (90%) of the votes of each class of members of the
Association, mortgage, pledge, or hypothecate any or all of
its real or personal property as security for money borrowed
or debts incurred;
- dedicate, sell or transfer all or any park of
the Common Area to any public agency, authority, or utility
subject, however, to the requirements of the Declaration and
to such conditions as may be agreed to by the members; and
- participate in mergers and consolidations with
other nonprofit corporations organized for the same purposes
or annex additional property and open space, provided that,
except as otherwise provided in the Declaration, any such
merger, consolidation or annexation shall have the assent of
ninety percent (90%) of the votes of each class of the
members; and
- have and to exercise any and all powers, rights
and privileges which an unincorporated association organized
under the Corporation Law of the State of Oklahoma by law may
now or hereafter have or exercise.
ARTICLE VI
Every Owner shall be a member of the Association.
Membership shall be appurtenant to and may not be separated
from ownership of any Lot.
ARTICLE VII
The Association shall have two classes of voting membership:
- Class A:
- Class A members shall be all Owners with
the exception of Declarant and shall be entitled to one (1)
vote-for each Lot owned. When more than one person holds an
interest in any Lot, all such persons shall be members; but,
for purposes of a quorum they shall be treated as a single
member. The votes for such Lot shall be exercised as they
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 Declarant and
shall be entitled to three (3) votes for each Lot owned. The
Class B Membership shall cease and be converted to Class A
Membership on the happening of either of the following events,
whichever occurs earlier:
- when the total votes outstanding in the Class A
Membership equal or exceed the total votes outstanding
the Class B Membership; or
- on the twentieth (20th) anniversary of the date
of the Declaration.
provided, however, the Class B Membership shall be revived
(and Declarant shall again be entitled to three [3] votes for
each Lot owned by Declarant) during any periods of time
occurring before the twentieth (20th) anniversary of the date
of the Declaration, when by reason of the annexation of
additional land as a part of the Property additional Lots
owned by Declarant exist which, when added to the other Lots
then owned by Declarant, would result in Declarant having more
than 50% of the votes of the Association were Declarant to
have three (3) votes for each lot owned by Declarant instead
of only a single vote for each Lot owned by Declarant.
ARTICLE VIII
The affairs of this Association will be managed by a
Board of three (3) Directors, who need not be members of the
Association. The number of Directors may be changed by
amendment of the By-laws of the Association. The names and
addresses of the persons who are to act in the capacity of
directors until the selection of their successors are:
Ben E. Newcomers 4300 Brookfield Dr., Norman, Oklahoma 73072
Mickey L. Class, 4300 Brookfield Dr., Norman, Oklahoma 73072
Debbie Clang, 4300 Brookfield Dr., Norman, Oklahoma 73072
These Directors (herein called "Charter Directors" shall
serve until the first annual meeting of the members at which
their successors are elected. In the event-of death or
resignation of a Charter Director during his term of office,
the remaining Charter Directors shall elect a successor
Charter Director to fill the unexplored term of such Charter
Director.
ARTICLE IX
The Association may be dissolved with the assent given in
writing and signed by the holders of not less than ninety
percent (90%) of the votes of each class of the members. Upon
dissolution of the Association, other than incident to a
merger or consolidation, the assets of the Association shall
be dedicated to an appropriate public agency to be used for
purposes similar to those for which this Association was
created. In the event that acceptance of such a dedication is
refused, the assets shall be granted, conveyed and assigned to
any nonprofit corporations association, trust or other
organization to be devoted to similar purposes.
ARTICLE X
The Association shall exist perpetually.
ARTICLE XI
Amendment of these Articles shall require the assent of
the holders of ninety percent (90%) of the votes of each class
of members present in person or by proxy at the meeting at
which the vote is taken. Anything set forth above in this
Article XI to the contrary notwithstanding, Declarant shall
have the absolute unilateral right, power and authority to
modify, revise, amend or change any of the terms or provisions
of these Articles of Association all as from time to time
amended or supplemented. This unilateral higher power and
authority of the Company may be exercised if and only if
either the Veterans Administration or the Federal Housing
Administration or any successor agencies thereto shall require
such action as a condition precedent to the approval by such
agency of the United States of the Property or any part
thereof or any Lots thereon for federally approved mortgage
financing purposes under applicable Veterans Administration,
Federal Housing Administration or similar programs. If the
Veterans administration or the Federal Housing Administration
or any successor agencies thereto approve the Property or any
part thereof or any Lot therein for federally approved
mortgage financing purposes, any amendments to these Articles
made during any period of time when there are Class B members
of the Association shall also require the prior consent of the
agency giving such approval.
IN WTTNESS WHEREOF, for the purpose of forming this
Association under the laws of the State of Oklahoma, the
undersigned Ben E. Newcomer, being the authorized and duly
appointed Manager of the declaring, Cascade Development,
L.L.C., whose post office address is 4300 Brookfield Dr.,
Norman, Cleveland County, Oklahoma 73072, has executed these
Articles of Association this 11th day of October, 1999, for
the purpose of creating this Association.
"DECLARANT"
CASCADE DEVELOPMENT, L.L.C.
By [SIGNATURE]
BEN E. NEWCOMER, Manager
"LOT OWNERS"
CASCADE DEVELOPMENT, L.L.C.
By [SIGNATURE]
BEN E. NEWCOMER, Manager
STATE OF OKLAHOMA )
) ss:
COUNTY OF CLEVELAND )
Before me, the undersigned, a Notary Public in and
for said County and State on this 11 day of October, 1999,
personally appeared BEN E. NEWCOMER, to me known to be the
identical person who subscribed the name of the maker thereof
to the foregoing instrument as its Manager and acknowledged to
me that he executed the same as his free and voluntary act and
deed and as the free and voluntary act and deed of such
limited liability company, for the uses and purposes therein
set forth.
Given under my hand and seal of office the day and
year last above written.
[SIGNATURE]
Notary Public
My Commission Expires:
11-25-2001
[OFFICIAL SEAL]
Michelin A. Caldwell
Cleveland County
Commission Expires Ncv. 25 2001
EXHTBIT "A"
CASCADE ESTATES SECTION 2
Being a part of the NE/4, Section 15, Township 9 North, Range 3
West I.M., Norman, Cleveland County, Oklahoma, and being more
particularly described as follows;
Commencing at the NE corner of said NE/4; Thence South 00°28'35"
East along the East line of said NE/4 a distance of 1518.94 feet;
Thence South 89°31'25|| West a distance of 50.00 feet to a point on
the West right-of-way line of 36th Avenue N.W.; Thence North
45°28'35" West a distance of 35.36 feet to a point on the South
right-of-way line of Cascade Blvd.; Thence South 89°31'25" West a
distance of 1029.44 feet to a point of curvature; Thence around a
curve to the left having a radius of 841.40 feet (said curve
subtended by a chord which bears South 79°45'26" West a distance of
285.49 feet) and an arc distance of 286.88 feet; Thence South
69°59'23', West a distance of 167.49 feet; Thence South 27°50'43"
West a distance of 37.07 feet to the Point of Beginning.
Thence South 13°32 ' 18 " East a distance of 56 . 71 feet to a point of
curvature; Thence around a curve to the right having a radius of
280.00 feet (said curve subtended by a chord which bears South
01°29'34" West a distance of 145 . 23 feet) and an arc distance of
146.91 feet ; Thence South 16 °31' 26 " West a distance of 301 . 22 feet
to a point of curvature ; Thence around a curve to the left having
a radius of 345.00 feet (said curve subtended by a chord which
bears South 13° 00'44 " West a distance of 42.26 feet) and an arc
distance of 42.29 feet; Thence North 80°29 ' 58 " West a distance of
80 .07 feet; thence North 00 °54 ' 36" East a distance of 56.47 feet;
Thence North 14°39'031' West a distance of 65.12 feet; Thence North
75°07'29" East a distance of 47.79 feet; Thence North 16°31'26|"
East a distance of 90.00 feet; Thence North 73°28'34" West a
distance of 57.71 feet to a point of curvature; Thence around a
curve to the right having a radius of 275.00 feet (said curve
subtended by a chord which bears North 63°38'43" West a distance
of 93.91 feet) and an arc distance of 94.37 feet; Thence South
87°42'04" West a distance of 37.68 feet; Thence North 43°23'18"
best a distance of 50.00 feet; Thence North 05°31'20" East a
distance of 37.68 feet to a point on a curve; Thence around a curve
to the right having a radius of 275.00 feet (said curve subtended
by a chord which bears North 28°36'35" West a distance of 41.74
feet) and an arc distance of 41.78 feet; Thence North 24°15'28"
West a distance of 31.24 feet; Thence South 65°44'32" West a
distance of 110.00 feet; Thence North 24°15'28" West a distance of
69.91 feet to a point of curvature; Thence around a curve to the
left having a radius of 165.00 feet (said curve subtended by a
chord which bears South 69°16'31" West a distance of 329.37 feet)
and an arc distance of 498.01 feet; Thence South 17°11'30" East a
distance of 177.17 feet; Thence South 87°22'01" West a distance of
122.45 feet to a point on a curve; Thence around a curve to the
right having a radius of 275.00 feet (said curve subtended by a
chord which bears South 05°47'48" West a distance of 80.63 feet)
and an arc distance of 80.92 feet; Thence South 29°20'37" East a
distance of 35.43 feet; Thence South 15°46'16" West a distance of
50.00 feet; Thence South 60°37'58" West a distance of 35.44 feet;
Thence North 74°13'44" West a distance of 50.00 feet; Thence North
15°46'16" East a distance of 6.21 feet; Thence North 14°43'51" West
a distance of 8.59 feet; Thence North 74°13'44" West a distance of
131.96 feet to a point on the West line of said NE/4; Thence North
00°24'46" West, and along said West line, a distance of 747.84
feet; Thence North 89°35'14" East a distance of 284.48 feet; Thence
North 79°52'42" East a distance of 77.06 feet; Thence North
83°56'30" East a distance of 75.94 feet; Thence South 86°02'34"
East a distance of 75.94 feet; Thence North 09°09'49" East a
distance of 29.17 feet; Thence South 68°44'51" East a distance of
116.98 feet; Thence South 73°55'55" East a distance of 64.11 feet;
Thence South 87°16'51" East a distance of 92.45 feet; Thence North
79°22'14" East a distance of 75.37 feet; Thence North 15°16'54"
West a distance of 120.74 feet to a point on a curve; Thence around
a curve to the left having a radius of 265.00 feet (said curve
subtended by a chord which bears North 71°58'38" east a distance of
25.60 feet) and an arc distance of 25.61 feet; Thence South
65°46'20" east a distant if 35.38 feet to a point on the right-ofway
line of Astor Drive; Thence South 20°48'17" East a distance of
283.61 feet to a point of curvature; Thence around a curve to the
right having a radius of 946.12 feet (said curve subtended by a
chord which bears South 17°09'09" east a distance of 121.04 feet)
and an arc distance of 121.12 feet; Thence North 74°46'13" East a
distance of 60.03 feet to the Point of Beginning.
Containing 12.37 acres, more or less.
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