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There are City Ordinances and By-Laws that may cover other things that are not included below or found on here.
After reading this be sure you also see: Burning Tree Plaza News
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Burning Tree Plaza is under Burning Tree Area #7 Owners Association
Plat 3883, amended 3/24/82 and now plat is 4201
Certificate of Dedication
for
Burning Tree Plaza Amended
KNOW ALL MEN BY THESE PRESENTS:CHARLIE HIGGINS, INC., an Oklahoma Corporation is the OWNER of the following described property:
BURNING TREE PLAZA, a re-subdivision of 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 more particularly described as follows, to-wit:
Beginning at the Northeasterly 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; thence South 30° 19' 54" East a distance of 389.29 feet to a point in the South boundary of said Lot 2; 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 10°38' 26" for a distance of 52.00 feet; thence North 72°13'37" East along the South boundary of said Lot 2, a distance of 98.63 feet; thence on a curve to the left having a radius of 470.00 feet, a central angle of 27° 20' 26" for a distance of 244.28 feet; thence on a curve to the left having a radius of 25.00 feet, a central angle of 87°38'48" for a distance of 38.24 feet; thence Northeasterly along the East boundary of said Lot 2 on a curve to the right having a radius of 600.00 feet, a central angle of 23°21'24" for a distance of 244.59 feet; thence North 19° 24' 13"West along the East boundary of said Lot 2, a distance of 130,000 feet to the point of beginning, containing 3.555 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 PLAZA AMENDED, to the City of Tulsa, County of Tulsa, State of Oklahoma;
AND WHEREAS, "BURNING TREE PLAZA AMENDED" 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 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 in 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 simply says that if anyone shall violate or attempt to violate any of the covenants anyone owning a lot in the subdivision can prosecute the person or persons violating or attempting to violate the covenants in order to prevent him from doing so and you can secure damages if they do. (Assessing homeowners for something they do not owe would be a violation.)
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. The use of all lots shall in regulated by subheadings of this paragraph.
(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. Zero side lot lines may be used on any of the above mentioned lots provided that complete plans for any structure to be built using a zero lot line shall be submitted to the Design Committee for its written approval, in advance. Where the zero side lot line is used on one side of the lot, a minimum of five (5) feet of open space shall be maintained on the opposite side of the lot.
(e) All houses, garages, and building of any kind must have a roof covering of composition shingles, or 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)The owner of any lot (the subservient lot) adjacent to a lot on which a building structure is to be constructed using a zero lot line, does agree to give and grant to the owner of such lot on which a building structure is to be constructed using a zero lot line (the dominant lot) a three-foot maintenance, over hang and construction easement on and over the subservient lot paralleling and adjacent to the side of the dominant lot. The easement to be granted is conditioned upon the restoration of the easement to its original condition after its use. Water run-off from the roof of the building structure which overhangs the subservient lot shall be permitted to fall into this easement.
B. Total dwelling units within PUD # 112 shall not exceed 1077.
C. 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.
D. 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.
E. No structure previously used or erected shall be moved onto any lot.
F. 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.
G. 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 Duane Higgins, Charles Higgins, Don Dusenberry 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. (This was only to be used when the homes were being built. It should have been removed when the subdivision was transitioned over from the developer.)
H. 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.
I. 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; provided 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. Repair 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.
J. In connection with the provision of water and sanitary sewer service, all of the lots are subject to the following provisions, to-wit:
(a) The owner of each lot shall be responsible for the protection of the public water mains and of the public sanitary sewer facilities located on his lot and shall prevent the alteration of grade in excess of three feet (3') from the original contours or any construction activity which may interfere with said public water mains and/or public sanitary sewer facilities. Said alteration of grade restrictions shall be limited to easement areas.
(b) The City of Tulsa or its successors will be responsible for ordinary maintenance of public water mains and public sanitary sewer facilities, but the owner will pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors.
(c) The City of Tulsa or its successors through its proper agents and employees shall at all times have right of access with their equipment to all such easement-ways shown 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 water and sewer facilities.
(d) The foregoing covenants concerning water and sewer facilities shall be enforceable by the City of Tulsa or its successor and the owner of each lot agrees to be bound hereby.
(e) The owner or homeowners association shall be responsible for repair and replacement of landscape and paving in the event it is necessary to repair the water or sewer mains.
E. Membership in Home Owners' Association.
(a) Any owner of any lot within said subdivision shall become a member of Burning Tree Area #7 Owners' 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 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. (Notice that it says ACTUAL cost of maintenance, repair and upkeep.) Annual Assessments for maintenance, repair, and upkeep shall be a lien upon any lot any owner in said division, 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 Charlie Higgins, Inc, 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, 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. (Our attorneys advised that because this document is about Burning Tree Plaza mentions Burning Tree Area #7 Association, Inc. as the HOAs for Burning Tree Plaza, any mention within said document of “the Association” refers to Burning Tree Area #7 Association, Inc. . (i.e. It is NOT referring to Burning Tree Master Association.)
(e) Maintenance assessments by Burning Tree Area #7 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.
IN WITNESS WHEREOF, said CHARLIE HIGGINS, 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 5th day of January, 1982.
CHARLIE HIGGINS, INC.
By Charles Higgins
President
(CORP. SEAL)
STATE OF OKLAHOMA,)
COUNTY OF TULSA,) SS.
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