My apologies...I have been so busy working lots of OT that our group is just now getting these back to you. We will finish getting the by-laws and anything else to you as quickly as we can. Thanks for posting and all the incredible work everyone is doing in all the neighborhoods.
Burning Tree East Covenants
PLAT 3741Very important for all in the Burning Tree East Area to note: Burning Tree East has two areas according to these Covenants. Even though they share Covenants the Covenants state they are to each have their own Area Homeowners Association. (That would mean they are not a part of the Area #5 Association, would need to have their own corporation filed with the Secretary of State and set up their own by-laws. No records have ever been found by any agency, saying any of this was ever done.)
- 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 (If you live in this area you do NOT have a corporation set up as an HOA, according to the Secretary of State. DO NOT BE FOOLED INTO BELIEVING OTHERWISE!!!)
Here is how you check:
- Click here:Property Search — Tulsa County Assessor
- Accept it and then go in under subdivision Burning Tree East
- Look for your name
- under legal description get your lot and block
- See which Area (Area #5 or Area #6 ) you are in by looking at the top of this page. If you are in Area #6 remember, you do NOT belong to any HOA.
You will note that the By-Laws for Burning Tree East state in ARTICLE III MEMBERSHIP
Every owner of lots described in Paragraph 3 of Article II shall be a member of the corporation since the ones listed above do not have lots there they cannot be members.
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Please be sure to check your abstract for all legal purposes. 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 centrl 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 raduis 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.
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.
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.
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.
(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.
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.
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 #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 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 #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 to use facilities on the Association of which said lot owner shall be a member of the Burning Tree Master Association, subject however, to the rules and regulation thereof. 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 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 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 #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.
(c) Maintenance assessments by Burning Tree Area 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 Public
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