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MINGO, INC., an Oklahoma Corporation
-to-
THE PUBLIC
#737166
PLAT & DEED OF DEDICATION
Dated: Nov. 14, 1978
Filed Jan 9, 1979 at 2:32 PM
In the office of the County Clerk
In and for Tulsa County, Oklahoma
PLAT No. 3882
BURNING TREE WEST
A Resubdivision of a part of Lot 2, Block 6, in "Burning Tree" an addition to the City of Tulsa, State of Oklahoma, as platted in part of the NW/4 pf Section 1, T18N, R13E,Tulsa County Oklahoma.
PART OF PLANNED UNIT DEVELOPMENT NO. 112
KNOW ALL MEN BY THESE PRESENTS:
MINGO, INC., an Oklahoma Corporation is the OWNER of the following property:
A part of Lot 2, Block 6, in "Burning Tree", an Addition to the City of Tulsa, Oklahoma, according to the official recorded plat thereof, being particularly described as follows, to-wit:
Commencing at the Northeast corner of said Lot 2, thence South 62°45' 45" West along the North boundary of said Lot 2, a distance of 281.04 feet; thence Due South along the Northerly boundary of said Lot 2, a distance of 67.00 feet; thence Due West along the Northerly boundary of said Lot 2, a distance of 110.00 feet to the Point of Beginning; thence due West along the Northerly boundary of said Lot 2 a distance of 85.00 feet; thence due West a distance of 205.88 feet; thence South 17°04' 39" West a distance of 785.95 feet to a point in the South boundary of said Lot 2, a distance of 369.75 feet from the Southwest corner thereof; thence South 64° 08' 47" East along the South boundary of said Lot 2 a distance of 153.77 feet; thence Southeasterly and Northeasterly along the South boundary of said Lot 2 on a curve to the left having a radius of 295.00 feet, a central angle of 102° 11' 09" for a distance of 526.12 feet; thence North 13°39' 06" East along the South boundary of said Lot 2 a distance of 109.35 feet; thence Northeasterly along the South boundary of said Lot 2 on a curve to the right, having a radius of 280.00 feet, a central angle of 147°56' 05" for a distance of 234.25.00 feet; thence North 30°19' 54" West a distance of 389.29 feet to the Point of Beginning, containing 9.0275 acres.
WHEREAS, the said OWNER has caused the above described property to be surveyed, platted and staked in conformity with the accompanying plat which it hereby adopts as the plat of the above described land as "BURNING TREE WEST, to the City of Tulsa, County of Tulsa, State of Oklahoma;
AND WHEREAS, "BURNING TREE WEST" was processed as a part of BURNING TREE, planned Unit Development No. 112 pursuant to Sections 910-970 of Title 42, Tulsa Revised Ordinances of the City of Tulsa, as the same existed on Nov. 24, 1971, the approval date of Planned Unit Development 112 by the Tulsa Metropolitan Area Planning Commission.
NOW, THEREFORE, the Corporation (MINGO INC) hereby dedicates for public use all of the streets as shown on said plat. For the purpose of providing an orderly development of entire tract, and for the further purpose of providing adequate restrictive covenants for the mutual benefits of itself and its successors in title and the City of Tulsa to the subdivision of said tract, hereinafter referred to as Lots, said Corporation does hereby impose the following restrictions and reservations and creates the following easements of which it shall be incumbent upon its successors and assigns to adhere, to-wit:
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until November 1, 1993, at which time said covenants shall be automatically extended for successive periods of ten (10) years; provided, however, after November 1, 1993, the then owners of a majority of all the lots in said Addition may change or vacate these covenants, either whole or in part, which change or vacation shall be evidenced by an instrument in writing signed by the then owners of a majority of all lots in said Addition and duly filed or recorded in the office of the County Clerk of Tulsa, County, Oklahoma.
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 person owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violation or attempting to violate any such covenants and either prevent him or them from so doing or secure damages or other dues for such violations. (There you have it....It states that we homeowners have a right to file suit against anyone who violates or ATTEMPTS to violate these Covenants. That would include those who have assessed us in the past or attempt to in the future.)
Invalidation of any one of these covenants by judgment or Court Order shall in no wise affect any of the other provisions which shall remain in full force and effect.
A. All lots shall be single family or duplex residential lots. Any single family use of these lots shall be regulated by subheadings of this paragraph and by paragraphs D. through L.
(a) No structure which exceeds two stories in height shall be placed, erected, altered or permitted to remain on any building lot.
(b) All single family residences must have a private garage for not less than two cars attached to the residence.
(c) No dwelling shall have a roof pitch of less than 2" in 12" except the Mansard style roofs. Other flat roof area not to exceed 20% of the total roof area may be allowed with the specific approval of the Design Committee.
(d) No building or parts thereof, except open porches
and terraces shall be constructed and maintained on any lot nearer to
the front or side street lot lines than the building lines established
on the recorded plat of said Addition, or nearer than five (5) feet to
any side lot line. All garages, tool sheds, hobby rooms, etc., shall be attached to the dwelling. Remember above where it states that if anyone violates or attempt to violate any of the covenants any homeowner (YOU) have the right to prosecute the person violating or attempting to violate the covenants and either prevent him from so doing or secure damages.
(e) All houses, garages, and building of any kind must have a roof covering of wood shingles, cedar shakes or built-up roof with gravel covering or any other roof covering approved in writing by the Design Committee. No other kind or type of roofing will be permitted.
(f) No single family dwelling shall be erected, the ground floor of the main structure of which, exclusive of open porches and garages, is less than one thousand three hundred (1300) square feet in area for one-story dwelling, nor less than one thousand (1000) square feet on the ground floor, and not less than three hundred (300) square feet on the second floor for one and one-half story dwelling or two story dwelling.
(g) No more than one structure shall be erected on any lot now platted. That means no outbuildings! Remember according to these covenants it is your right that if anyone violates or attempt to violate any of the covenants any homeowner YOU) have the right to prosecute the person violating or attempting to violate the covenants such covenants and either prevent him from so doing or secure damages.
B. Two family use of these lots shall be regulated by subheadings of this paragraph and by paragraphs D through K;
(a) No structure which exceeds two stories in height shall be placed, erected, altered or permitted to remain on any building lot.
(b) All duplex structures must have private garages for not less than two cars per family attached to the residence.
(c) No duplex dwelling shall have a roof pitch of less than 2" in 12" except for Mansard style roofs. Other flat roof area not to exceed 20% of the total roof area may be allowed with the specific approval of the Design Committee.
(d) No building or parts thereof, except open porches and terraces shall be constructed and maintained on any lot nearer to the front or side street lot lines than the building lines established on the recorded plat of said Addition, or nearer than 5 feet of any side lot line. All garages, tool sheds, hobby rooms, etc', shall be attached to the dwelling.
(e) All houses, garages, and buildings of any kind must have a roof covering of wood shingles, cedar shakes, or built up roof with gravel covering or other roof covering approved in writing by the Design Committee. No other kind or type of roofing will be permitted.
(f) No duplex dwelling shall be erected, the ground floor of each unit of which, exclusive of open porches and garages, is less than 1300 square feet in area for a one-story unit, nor than 500 square feet on the second floor of a one and one-half story unit or two story unit.
(g) No more than one structure shall be erected on any duplex lot as now platted.
C. Total dwelling units within PUD # 112 shall not exceed 1077.
D. No noxious or offensive trade or activity shall be carried on in any part of the property above described which may be or become an annoyance or nuisance to the neighborhood; 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 they are not kept, bred or maintained for any commercial purposes. (Have you seen those chickens those people in South are raising? I believe their Covenants say the same as ours. The city may allow it but the Covenants do not!)
E. No trailer, basement, tent, shack, garages, barn or other out-building erected in the tract, shall at any time be used as a residence, temporarily or permanently, and occupancy shall not be permitted in any structure until the same is fully completed.
F. No structure previously used or erected shall be moved onto any lot.
G. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) feet and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot with the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street property lines or in the case of the rounded property corner, from the intersection of the street property lines extended. The same sightlines limitation shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. On corner lots, no fence shall be extended beyond the 25 foot building line.
H. No building, fence, wall or any type structure shall be commenced, erected, or maintained nor shall any addition thereto or change or alteration thereon be made until plans and specifications, plot plan and grading plan therefor or information satisfactory to the Design Committee shall have to be submitted to, and approved in writing by the Committee. In passing on such plans, specifications, plot plan and grading plan, the Design Committee may taken into consideration the suitability of the proposed building or other structure and of the materials of which it is to be built, the site upon which it is proposed to erect the same and the harmony thereof with the surrounding area and the effect of the building or other structure as planned on the outlook from the adjacent or neighboring property. Should plans be submitted and no action taken by the Committee within fourteen (14) days of the submission of said plans, then in such case said plans shall be deemed approved. The members of the Design Committee shall be N.D. Henshaw, James R. Riley, Barbara F. Henshaw or their duly authorized representatives. Any two members of the Design Committee may grant approval. In the event of death or resignation of any member of the Committee, the remaining members shall have authority to designate a successor. The members of the Committee reserve the right to dissolve the Committee by a simple majority vote. In the event of such dissolution, Architectural and Design approval shall rest in the Board of Directors of Burning Tree Master Association.
That part about the Design Committee was placed in the Deed of Dedication, under the Covenants, to be used while homes were being built. Normally when the developer transitions it over to the HOA and steps away, there are amendments made to the Covenants by the homeowners....to remove information that is no longer needed. We all need to remember that there was a lawsuit going on where the homeowners had taken Mr. Henshaw (the President of the BTMA) to court (and the homeowners won.)
Many things were left in a mess and documents that should have been amended or filed never were.
I. The undersigned Owner further dedicates to the public for use forever, easements and right-of-way as shown and designated on the accompanying plat for the several purposes of constructing, maintaining, operating, repairing, removing and replacing any and all public utilities, including storm and sanitary sewers, telephone lines, electric power lines and transformers, gas lines and water lines, together with all fittings and equipment for each of such facilities, including the poles, wires, conduits, pipes, valves, meters, and any other appurtenances thereto with the right of ingress an egress to and upon said easements and right-of-way for the uses and purposes of aforesaid together with similar rights in each and all of the streets shown on said plat.
J. In connection with the installation of underground electric service or telephone service, all of the lots are subject to the following provisions, to-wit:
(a) Overhead Pole Lines for the supply of electric service may be located in the easements along the boundaries of the subdivision. Street light poles or standards may be served by underground cable and elsewhere throughout said Addition all supply lines may be located underground, in the easement-ways reserved for general utility services and streets, shown on the attached plat. Service pedestals and transformers, as sources of supply at secondary voltages, may also be located in said easement-ways.
(b) Except to houses on lots served by lines described in paragraph (a) above, which may be served from overhead electric service lines, underground service cables to all houses which may be located on all lots in said Addition may be run from the nearest service pedestal or transformer to the point of usage determined by the location and construction of such house as may be located upon each said lot; providing that upon installation of such a service cable to a particular house, the supplier of electric service or telephone service shall thereafter be deemed to have definitive, permanent, effective and exclusive right-of-way easement on said lot, covering a five-foot strip extending 2.5 feet on each side of such service cable extending from the service pedestal or transformer to the service entrance on said house.
(c) The Supplier of electric service or telephone service through its proper agents and employees shall at all times have right of access to all such easement-ways show on said plat, or provided for in this Deed of Dedication for the purpose of installing, maintaining, removing or replacing any portion of said underground electric facilities so installed by it.
(d) The owner of each lot shall be responsible for the protection of the underground electric facilities and telephone facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said electric facilities. Repairs or cost of relocation, required by violation of this covenant, shall be paid by the owner of the lot.
(e.) The foregoing covenants shall be enforceable by the supplier of electric service and/or telephone service and the owner of such lot agrees to be bound hereby.
K. Membership in Home Owners' Association.
(a) Any owner of any lot within said subdivision shall become a member of Burning Tree Area #7 Owners' Association, (notice it does NOT say BTMA??????...and while he may have thought he could set up a mandatory owners association but according to Oklahoma Statutes BTW and BTPlaza do not meet the criteria for a mandatory HOA with assessments!!!! OOPS!) by purchasing a lot within said subdivision and membership therein shall be thereafter appurtenant to the ownership of said lot. One cannot be transferred without the other. Voting within Burning Tree Area #7 Owners' Association will be on the basis of one vote per dwelling unit owned, and assessment shall be made on a "per dwelling unit" basis. Each and every lot owner shall have an easement to use facilities of the Association of which said lot owner is a member or of the Burning Tree Master Association, (we have an easement to use the BTMA facilities along with the BT, you do not become a MEMBER of the BTMA!!!! ) subject however, to the rules and regulation thereof. (Well, of course....if we wanted to use the facilities of the BTMA we would follow their rules and regulations. And if we don't want to use them then we don't have to do what they say.)
Membership in the Association shall be subject to assessments for the actual cost of maintenance, repair and upkeep of the common areas of the subdivision (BT West and BT Plaza have none!) for the unpaved areas of the Boulevard and facilities as designated on the overall developmental plans for Burning Tree. (Another error Mr. Henshaw made when filing our Covenants and copying them from ones he filed for another subdivision....as we do not have unpaved areas in West! Nor did he follow through with putting facilities in each of the subdivision like he showed on some of the plans but later removed from the plans.)
Annual assessments for maintenance, repair, and upkeep (see what assessments were to be used for....but we have nothing in common here in West to keep up, repair or maintain) shall be a lien upon any lot of any owner in said subdivision, and shall be subject to enforcement as provided in the By-Laws of the Association. The Articles of Incorporation, By-laws and rules and regulation may be examined at either office of Mingo, Inc, 9511 East 46th St., Tulsa, Oklahoma, or at the clubhouse office of the Association to be built in said subdivision.
(b) The owner of any lot by acceptance of a deed therefor, shall be deemed to have accepted membership in the Burning Tree Area #7 Owners' Association, (it doesn't say in BTMA!!!) agreed to abide by the rules and regulations of the Association (attorneys have told us since this document is about BT West when it refers to it simply as "the Association" it is still referring to BT West, not the BT Master Association) concerning the use of the facilities, open spaces and recreation areas; and agreed to pay assessments made for the maintenance, repair and upkeep of the common areas of the Association. <---------again it is talking about the Association for BT West.(c) Maintenance assessments by Burning Tree Area #7 Owners Association or Burning Tree Master Association, Inc (We would have been included as a member of the BTMA but Mr. Henshaw failed to correct the BTMA Articles of Incorporation*) shall be a lien on the lot assessed, but shall be subordinate to any first mortgage made in good faith and for value.
*ARTICLE III MEMBERSHIP Every Burning Tree Area Owners Association approved by Declarant* shall be a member of the corporation. No owners association was ever approved by the Declarant according to the Secretary of States records. Mr. Henshaw never amended the Articles of Incorporation to include any of the subdivisions.
ATTEST: N.D. Henshaw
Secretary
MINGO, INC.
By Barbara F. Henshaw
Vice-President
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