Dated: Nov. 27, 1973
Filed Nov. 28, 1973 at 10:44 AM
In the office of the County Clerk
In and for Tulsa County, Oklahoma
PLAT No. 3468
Burning Tree
A Subdivision of a part of the
Northwest Quarter (NW1/4) of Section 1, Township 18, Range 13 East, County of Tulsa, State of Oklahoma
That part of the Northwest Quarter (NW1/4) 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, and more particularly described as follows:
Beginning at the Southwest corner of said Northwest Quarter (NW1/2); thence North 00°03'42" East along the West line thereof a distance of 1,307.65 feet to a point; thence South 89°56'18" East a distance of 102.31 feet to a point of curve, thence along said curve to the left, said curve having a radius of 236.23 feet, a central angle of 65°56'02" for a distance of 271.05 feet to a point of reverse curve; thence along curve to the right, said curve having a radius of 330.00 feet, a central angle of 37°11'49" for a distance of 214.24 feet to a point of tangent; thence North 61° 19'29" East a distance of 92.61 feet to a point of curve; thence along said curve to the left; said curve having a radius of 220.00 feet, a central angle of 53°13'49" for a distance of 204.39 feet to a point of compound curve; thence along said curve to the left, said curve having a radius of 25.00 feet, a central angle of 97°44'22" for a distance of 42.65 feet to a point of tangent; thence North 89°38'42" West a distance of 5930 feet to a point of curve; thence along said curve to the right, said curve having a radius of 400.00 feet, a central angle of 16°51'51" for a distance of 117.73 feet to a point of tangent; thence North 72°46'51" West a distance of 93.56 feet to a point of curve; thence along said curve to the left said curve having a radius of 300.00 feet, a central angle of 35°32'48" for a distance of 186.12 feet to a point of tangent; thence South 71°40'21" West a distance of 19.86 feet to a point of curve; thence along said curve to the right, said curve having a radius of 300.00 feet, a central angle of 18°23'21" for a distance of 96.29 feet to a point of tangent; thence North 89°56'18" West a distance of 63.62 feet to a point on the West line of said Northwest Quarter (NW1/4); thence North 00°03'42" East along said West line a distance of 115.00 feet to a point of beginning; thence South 89°56'18" East a distance of 115.00 feet to a point; thence South 89°56'18" East a distance of 63.62 feet to a point of curve; thence along said curve to the left, said curve having a radius of 185.00 feet, a central angle of 18°23'21" for a distance of 59.38 feet to a point of tangent; thence North 71°40'21" East a distance 130.86 feet to a point of curve; thence along said curve to the right, said curve having a radius of 350.00 feet, a central angle of 47°14'39" for a distance of 288.60 feet to a point of tangent; thence South 61°65'00" East a distance of 24.84 feet to a point of curve; thence along said curve to the left, said curve having a radius of 350.00 feet, a central angle of 25°21'59"for a distance of 154.95 feet to a point of tangent; thence South 86°26'59" East a distance of 87.69 feet to a point of curve; thence along said curve to the right; said curve having a radius of 725.00 feet, a central angle of 56°36'30" for a distance of 716.30 feet to a point of tangent; thence South 29°50'29" East a distance of 216.56 feet to a point of curve; thence along said curve to the left said curve having a radius of 675.00 feet, a central angle of 40°04'53" for a distance of 472.20 feet to a point of tangent; thence South 69°55'22" East a distance of 436.96 feet to a point of curve, thence along said curve to the right, said curve having a radius of 548.02 feet, a central angle of 32°28'19" for a distance of 310.59 feet to a point of compound curve; thence along said curve to the right; said curve having a radius of 580.00 feet, a central angle of 42°32'35" for a distance of 430.66 feet to a point of tangent; thence South 05°05'32" West a distance of 212.69 feet to a point of curve, thence along said curve to the left, said curve having a radius of 920.00 feet, a central angle of 8°52'23" for a distance of 142.47 feet to a a point on the South line of said Northwest Quarter (NW1/4); thence South 89°59'39" West along South line a distance of 2,584.08 feet to the point of beginning, containing 84.09 acres, more or less.
(NOTICE
IT SHOWS 84.09 Acres? This is one way that we know this document is
just BT One as the BT area has over 200 acres, according to legal documents.)
These covenants are to run with the land and shall be binding on all parties and all persons claiming under them until February 1, 1993, at which time said covenants shall be automatically extended for successive periods of ten (10) years; provided, however, after February 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 of record in the office of the County Clerk of Tulsa, County, Oklahoma.
(IT DOES NOT REQUIRE A VOTE to change or vacate the covenants in whole or in part, but simply "an instrument in writing signed by the then owners of a majority of all lots in said Addition".) Burning Tree One used a petition, not a vote, when
they amended the covenants before, for changing the roofs. So a simple petition could be used.
they amended the covenants before, for changing the roofs. So a simple petition could be used.
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.
This is very clear: Anyone can be prosecuted for violating these covenants. So scroll down toward the bottom and see where it shows the only thing you can be assessed is for maintenance, upkeep and repair of the property owned by your subdivision. Your subdivision owns nothing! Thus, if anyone tries to assess you for maintenance, upkeep or repair of anything other than that you can prosecute them for attempting to violate the covenants. Yes, this would mean the Burning Tree Master Association Board of Directors, who have still failed to produce by what authority they think they can. (Do not fall for it again this year. Many homeowners didn't last year!)
A. Lots thirteen (13) through eighteen (18) Block one (1), all of Blocks three and four, and all of Block five except lots 26 and 41 shall be single family residential lots. The use of all lots shall in regulated by subheadings of this paragraph and by paragraphs F through M.
(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. (It is very easy to understand--You CANNOT have outbuilding or toolsheds. You can add on to your home and keep your junk in it but that is a covenant violation to have an outbuilding. See A (g) below...one structure per lot. That one structure is your house)
(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 other roof covering approved in writing by the Design Committee. No other kind or type of roofing will be permitted.
(f) No dwelling shall be erected on any single family residential lot, the ground floor of the main structure of which, exclusive of open porches and garages, is less than 1800 square feet in area for a one story dwelling, nor less than 1200 square feet on the ground floor, and not less than 600 square feet on the second floor for a one and one-half story dwelling or two story dwelling.
(g) No more than one structure shall be erected on any lot as now platted. (Your home is the ONE structure. An outbuilding would be a separate structure. So it is VERY plain, an outbuilding is a covenant violation!!)
(h) Dwellings on Lots 2 through 11, Block 5 shall front on East 64th Place South and dwellings on lots 43 through 46, Block 5 shall front on South 88th Place East.
B. Lots 1 through 12, Block 1 and all of Block 2 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 F through M.
There has been no amendment to this document. Thus, duplexes are still part of it, and cannot be removed without a majority petition of homeowners in this area. according to one of the attorneys if homeowners have been assessed dues, by any entity then so should the duplexes and apartments or it is blatant discrimination . (As Janie Lyon pointed out --Covenants are the governing documents that override by-laws. This means it wouldn't matter if by-laws are amended to remove duplexes and apartments. As long as the covenants have them in there, apartments and duplexes are a part.)
(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 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 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 dwelling, nor less than 800 square feet on the ground floor, and not less than 500 square feet on the second floor for a one and one-half story dwelling or two story dwelling.
(g) No more than one structure shall be erected on any duplex lot as now platted.
C. Lot 2, Block 6 shall be a multi-family area in which townhouses, condominiums, apartments, duplexes or single family dwellings may be constructed. Single family or duplex use of any portion of Lot 2, Block 6 will be regulated by the paragraphs in these covenants pertaining to single family or duplex construction with the specific exception of the restriction of one dwelling or one duplex per lot “as now platted”.
There has been no amendment to this document. Thus, duplexes and apartments are still part of it, and cannot be removed without a majority petition of homeowners in this area That also means, according to one of the attorneys that if homeowners have been assessed dues, so should the duplexes or it is blatant discrimination, on the part of whomever was assessing. (As Janie Lyon pointed out --Covenants are the governing documents that override by-laws. This means it wouldn't matter if by-laws are amended to remove duplexes and apartments. As long as the covenants still have them in there, apartments and duplexes are a part of the subdivision.)
Burning Tree Master Association has no authority whatsoever to:
a.) change a subdivisions Covenants to do anything such as excluding the duplexes or apartments. Their by-laws cannot change a subdivisions covenants.
OR
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.
D. Lots 26 and 41, Block 5, and Lot 1, Block 6, are designated common areas. Uses permitted on Lot 1, Block 6., include but are not limited to: clubhouse, including kitchen and bar facilities, lake swimming pool, tennis courts, shuffleboard courts, greenhouse, playground equipment, parking and nay other use commensurate with such facilities.
E. Total dwelling units within PUD #112 shall not exceed 1077.
F. 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.
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.
No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) feet and six (6) feet above the roadway 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 a 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 distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
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 been submitted to, and approved in writing by the Committee. In passing on such plans, specifications,plot plan and grading plan, the Design Committee may take 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 be 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. In the event of death or resignation of any member of the Committee the remaining members shall have full authority to designate a successor. 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. If and when this document is ever amended this piece should be corrected to align it with other parts of this for the reason that this piece was included when the homes were being built. Need proof that you can only have one structure and your home is the one structure? See A(d) above.
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.
The undersigned Owner further dedicates to the public for use forever, easements and rights-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 rights-of-way for the uses and purposes of aforesaid together with similar rights in each and all of the streets shown on said plat.
In connection with the installation of underground electric service, all of the lots are subject to the following provisions, to with:
(a) Overhead Pole Lines for the supply of electric service or telephone service may be located in the easements along the West and South boundaries of Burning Tree 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 easementways 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 describe in paragraph (a) above, which may be served from overhead electric 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 the 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 fiber-foot strip extending 2.5 feet on each side of such service cable extending from the service pedestal or transformer to the service entrance of 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 easementways 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 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 for by the owner of the lot.
(e) The foregoing covenants shall be enforceable by the supplier of electric service service and/or telephone service and the owner of each lot agrees to be bound hereby.
Membership in Home Owners Association. Any owner of any lot within said subdivision shall become a member of Burning Tree Area One Owners Association, or Burning Tree Area Two Owners Association or any extended areas developed by Sixty-First and Memorial Development Corporation, and memberships therein shall be thereafter appurtenant to the ownership of said Lot. One cannot be transferred without the other. Owners of Lots 13 through 18, Block 1 and all lots within Block 3, 4, and 5 except Lots 26 and 41, Block 5 shall be members of Burning Tree Area One Owners’ Association and owners of Lots 1 through 12, Block 1 and Lot 2 Block 6 shall be members of Burning Tree Area Two Owners’ Association. Right there it also shows the apartments and duplexes are a part of this area. The courthouse does not show there was ever a petition to amend this.The Burning Tree Master Association board of directors claiming they amended their by-laws to keep out the apartments and duplexes was another thing that is not lawful. Their by-laws have nothing, whatsoever, to do with a subdivisions covenants.
Voting within Burning Tree Area One and Two Associations will be on the basis of one vote per dwelling unit owned, and the assessment will be made on a “per dwelling unit” basis. Each and every lot owner shall have an easement to use the facilities of the Association of which said lot owner is a member, and of the Burning Tree Master Association, subject however, to the rules and regulations thereof. (There you have it--Burning Tree One and Burning Tree Two homeowners simply have an easement to go there if they follow the rules--i.e. pay to go and don't wear cut offs or a thong)
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 plan for Burning Tree. (Right there it states Burning Tree One and Burning Tree Two pay assessments for maintenance upkeep and repair of the common facilities of their subdivision.....and Burning Tree One and Burning Tree Two have none. It does NOT say lot owners can be assessed by the Burning Tree Master Association. Remember a covenant is the legal document, filed with Tulsa County. To exclude the duplexes and apartments Burning Tree Ones covenants MUST have a majority of signatures to be amended and then it would have to be filed at the courthouse. This was never done. So there you have it!)
*Also remember (above in this Covenant) it states if anyone attempts to violate any of these covenants any person owning any real property here can prosecute any proceedings a the person attempting to violate any such covenant and either prevent him or them from so doing or secure damages or other dues for such violations.
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 regulations may be examined at either the office of 61st and Memorial Development Corporation 9511 East 46th St., Tulsa, Oklahoma, or at the clubhouse office of the Association to be built in said subdivision. (Thirty-six years later and we are still waiting on our promised clubhouse to be built!)
(d) The owner of any lot, by acceptance of a deed therefor, shall be deemed to have accepted membership in the Burning Tree Area Area One Owners’ Association or Burning Tree Area Two Owners’ Association (notice it does not say BTMA so ignore the ones who try to intimidate you into believing otherwise!!) 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. <----See it says "the Association". This document is written about (Burning Tree One Association or Burning Tree Two Association) and this Association has no common areas that belong to it. Do you see any owned by Burning Tree One Association or Burning Tree Two Association? The only one is Burning Tree Master Association!!!
(e) Maintenance assessments by Burning Tree Area One Owners’ Association or Burning Tree Area Two Owners’ Association, shall be a lien on the lot assessed, but shall be subordinate to any first mortgage made in good faith and for value. (There it is again! Assessments are only supposed to be made by Burning Tree One Association or Burning Tree Two Association, not by Burning Tree Master Association!) Yet, the Burning Tree Master Association Board is who is sending you demand letters when they have and never have had the authority. It really isn't hard to understand....for most people.
FACT: It was not any homeowner who went searching to see if homeowners in the area were part of Burning Tree. It was the Secretary of State's office who advised that the homeowner was incorrect in thinking the subdivisions were under the BTMA or even tied together!
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