PLAT 3741
Burning Tree East has two Owners Associations:
Area #5 Lots 5-11, Block 1; Lots 1-18 Block 2; Lots 9-44, Block 3
Area #6 1-4 block 1; Lots 1-3 Block 3;& Lots 1-13 Block 4 (According to the Secretary of State this area was never incorporated. Check
Tulsa County Assessors site to see if you are in the area 6.)
_____________________________________________________
Disclaimer: The
following is provided for informational purposes only and although we
tried to make sure it is correct it could contain typos.
KNOW ALL MEN BY THESE PRESENTS:
REGENCY PARK, INC an Oklahoma Corporation is the OWNER of the following described property:
All
that part of the East Half of the Northwest Quarter (E/2 NW/4) of
Section 1, Township 18 north, Range 13 East of the Indian Base and
Meridian in the City of Tulsa, County of Tulsa, State of Oklahoma, more
particularly described as follows, to-wit:
Beginning at a point in
the East boundary of said E/2 NW/4 a distance of 500.00 feet South of
the Northeast corner thereof; thence S 0°05'51"W along the East boundary
of said E/2 NW/4 a distance of 1360.78 feet; thence S 58°28'35" W a
distance of 140.88 feet to a point in the Northerly right-of-way line of
East 64th Street South as dedicated in "Burning Tree", an addition to
the City of Tulsa, State of Oklahoma, according to the official recorded
plat thereof; thence Northwesterly along the Northerly right-of-way
line of said East 64th Street South as follows: N 31° 31'25" W a
distance of 0.00 feet; thence Northwesterly on a curve to the left
having a radius of 580.00 feet, a central angle of 5° 55'38" for a
distance of 60.00 feet; thence Northwesterly on a curve to the left
having a radius of 548.02 feet, a central angle of 32° 28'19" for a
distance of 310.59 feet; thence N 69°55'22" W a distance of 436.96 feet;
thence Northwesterly on a curve to the right having a radius of 675.00
feet, a central angle of 40°04'53" for a distance of 472.20 feet; thence
N 29°, 50'29" W a distance of 71.00 feet: thence N 60° 09'31" E a
distance of 18.82 feet; thence Northeasterly on a curve to the left
having a radius of 200.00 feet, a central angle of 34°38'52" for a
distance of 120.94 feet; thence N 25°30'39" E. a distance of 286.77
feet; thence Northerly on a curve to the left having a radius of 255.00
feet, a central angle of 41°44'12" for a distance of 185.75 feet; thence
N 16°03' 33" W a distance of 19.04 feet; thence N 73° 46' 27" E a
distance of 60.00 feet; thence S 85°21'27" E a distance of 416.10 feet;
thence N 0°05'51° E a distance of 156.45 feet; thence S 89° 56' 00" E
parallel to and 500.00 feet from the North boundary of said E/2 NW/4 a
distance of 500.00 feet to the point of beginning, containing 26.680
Acres, more or less.
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 EAST, to the City of Tulsa, County of
Tulsa, State of Oklahoma;
AND WHEREAS, "BURNING TREE EAST" 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 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.
There you go.....We, just like all the others never needed to take a vote to get out of this mess.
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.
(The above shows that if anyone--yes, even board members- violates these covenants they can be prosecuted by any homeowner. In K (a.) and K. (b.) it shows that it is a covenant violation if money is collected for anything except the common facilities and grounds within Burning Tree East. Now isn't that interesting...as there are no common facilities or ground within Burning Tree. The Burning Tree Master Association (a totally separate association 2100288651 from Burning Tree East's HOA 2100348799 -- has been unlawfully forcing homeowners who live in the area to pay Burning Tree Master Association money under threats of liens. That is clearly a Covenant violation as everyone can see here.) The BTMA might as well demand money from Shadow Mountain homeowners or Sungate Addition as the BTMA hasas much authority to force those additions to pay as they do us!
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. Lots Five (5) through Eleven (11), Block One
(1); All of Block Two (2) and All of Block Three (3), except Lots One
(1) through Eight (8), shall be single family residential lots. The use
of any single family 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.
(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 eight hundred (1800)
square feet in area for one-story dwelling, nor less than one thousand
two hundred (1200) square feet on the ground floor, and not less than
six hundred (600) 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 isn't hard to understand. If our home is a structure and you can have one per lot then we cannot have any outbuildings. See B (d)
B.
Lots One (1) through Four (4), Block One (1) through Eight (8). Block
Three (3) and All of Block Four shall be designated as
duplex
lots. Any single family use of such lots shall be regulated by
provision in these covenants pertaining to single family residential
lots. Two family use of these lots shall be regulated by subheadings of
this paragraph and by Paragraphs D through K.
Burning Tree Master Association has no authority whatsoever to:
a.) change a subdivisions Covenants to do anything to
excluding the duplexes or apartments. Burning Tree Master Association by-laws cannot change a
subdivisions covenants.
NOR
b.) assess any subdivision, any homeowner, any duplex, any apartment owner.
Simply put, the BTMA has no right to demand assessments from homeowners,
duplexes or apartments. Claiming that the BTMA amended their by-laws to
exclude duplexes and apartments in a subdivision is a smoke screen to
try to confuse homeowners into forgetting that the BTMA does not have
the authority to assess anything.
(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. That is how you can have them and only have one structure --you build it on to your home. See A (g)
(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.
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. T
his paragraph is totally lame and should have been corrected at the time the developer transitioned it to the homeowners. The second and eight words in this paragraph are the clue as to why this is no longer in effect. See A(g) and B (d) that shows you can only have one building or structure per lot....and this was written for when the homes were built. Once homes were built this is became ineffective since a design committee can override these Covenants to approve another building or structure.
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.
K. Membership in Homeowners Association
(a)
Any owner of any lot within said subdivision shall become a member of
Burning Tree Area #5 Owners' Association, or Burning Tree Area #6
Owners' Association 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.
Owners of Lots 1 through 4, Block 1 and Lots 1 through 3 and Lots 1 through 13, Block 4 shall be members of Burning Tree Area #6 Owners Association . (Since no corporation was ever set up for Area 6 then the homeowners owning those lots are not part of Area 6, nor of Area 5. Isn't that something? ) Owners of Lots 5 through 11, Block 1 and Lots 1 through 18, Block 2 and Lots 9 through 44, Block 3 shall be members of Burning Tree Area #5 Association.
Voting within Burning Tree Areas #5 and #6 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 (notice it only says easement) to use facilities of the Association of which said lot
owner shall be a member
(THERE ARE NONE!), or of the Burning Tree Master Association, subject
however, to the rules and regulation thereof.
That last sentence shows you have an easement to use the BTMA facilities if you do as they say (i.e. pay to use it and don't wear cut offs or thongs or whatever their rules may be.
Membership in the Association (note that "in the Association" means within the Burning Tree East Association since that is what this document is about. Any other association, referred to in this document would not be referred to as simply "the Association but instead would have to be spelled out) shall be subject to assessments for the
actual cost of maintenance, repair and upkeep of the common areas of
the subdivision for the unpaved areas of the Boulevard and facilities
as designated on the overall developmental plans for Burning Tree.
Annual
assessments for maintenance, repair, and upkeep 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 Regency Park, Inc, 9511 East 46
th St., Tulsa, Oklahoma, or at the clubhouse office of the Association
to be built in said subdivision. (It was never done.)
(b)
The owner of any lot by acceptance of a deed therefor, shall be deemed
to have accepted membership in the
Burning Tree Area #5 Owners'
Association or Burning Tree Area #6 Owners Assocation, agreed to abide
by the rules and regulations of the 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.
(Well, well, well...It doesn't say that we homeowners are in the Burning Tree Master Association (BTMA) or that we have any obligation to pay the BTMA a thing. Nor does it give the BTMA any authority to ask or threaten homeowners like they have for years. BTMA board of directors have NO RIGHTS, whatsoever, to put a lien on your property or on mine!! Attorneys in for some of the homeowners have asked the BTMA to produce any documents that give them the authority and they have been able to do so.)
(c)
Maintenance assessments by Burning Tree Area 5 Owners Association or
Burning Tree Master Association, Inc shall be a lien on the lot
assessed, but shall be subordinate to any first mortgage made in good
faith and for value.
L. Lots 15, 16, 17 and 18, Block 2 are hereby
dedicated to the City of Tulsa for a storm water detention facility,
provided however, that in the event said storm detention facility, as a
result of drainage improvements, is no longer required by the City of
Tulsa, Lots 15, 16, 17, and 18, Block 2, by action of the Tulsa Board of
Commissioners, shall, at that time revert to the undersigned grantors,
their heirs, successors or assigns.
IN WITNESS WHEREOF, said
REGENCY PARK. INC., an Oklahoma corporation, has caused these presents
to be executed and its corporate seal to be hereunto affixed by its
corporate officers hereunto duly authorized this 8th day of September,
1977.
ATTEST:
REGENCY PARK INC
N.D. Henshaw Secretary
Barbara F. Henshaw President
STATE OF OKLAHOMA) ss.
COUNTY OF TULSA)
Before
me, the undersigned, a Notary Public in and for said County and State,
on this 8th day of September, 1977 personally appeared BARBARA F.
HENSHAW , to me known to be the identical person who subscribed the name
of the maker thereof in the foregoing instrument and its President
acknowledged to me that she executed the same as her free and voluntary
act and deed and as the free and voluntary act and deed of such
corporation for the uses and purposes therein set forth.
My Commission Expires June 27, 1981
Carolyn Ann Dyer, Notary Public
CERTIFICATE OF SURVEY
We,
K.N. Cox & Associates, Engineers, of Tulsa, Oklahoma, hereby
certify that we have, at the instance of the OWNER designated above,
made the above described survey, and that the accompanying plat is a
true and correct representation of said survey.
Signed and sealed this 8th day of September, 1977.
K.N. COX & ASSOCIATES, ENGINEERS
By Jack C. Cox
Registered Land Surveyor
STATE OF OKLAHOMA) ss.
COUNTY OF TULSA)
Before
me, the undersigned, a Notary Public in and for said County and State,
on this 8th day of September, 1977 personally appeared JACK C. COX, to
me known to be the identical person who executed the within and
foregoing instrument and acknowledged to me that he executed the same
as her free and voluntary act and deed and as the free and voluntary act
and deed of K. N. COX &ASSOCIATES for the uses and purposes therein
set forth.
Given under my hand and seal of office on the day and year above written.
My Commission Expires June 27, 1981
Carolyn Ann Dyer, Notary Pu
