RESERVATIONS AND CERTIFICATE OF DEDICATION
(Second Amended) KNOW ALL MEN BY THESE PRESENTS:
WHERAS IRA D. CREWS, JR., and MARCIA B. CREWS, husband and wife, and RAYMOND E. CATES and MARY M. CATES, husband and wife, are the owners of the following described land in the County of Tulsa, State of Oklahoma, to-wit:
The Northeast Quarter of the Northwest Quarter (NE/4 NW/4) of Section 4, Township 18 North, Range 13 East of the Indian Base and Meridan, according to the United States Government Survey thereof, containing 39.79 acres more or less.
AND WHEREAS, the above owners have caused the above described tract to be surveyed, staked, platted, and subdivided into lots, blocks, and streets, and have designated the same as “BRAESWOOD ,” an Addition to Tulsa County, State of Oklahoma.
AND WHEREAS, the current owners of the lots, in “BRAESWOOD”, an Addition to Tulsa County, State of Oklahoma, desire to modify the original RESERVATIONS AND CERTIFICATE OF DEDICATION and first amendment thereto to provide as follows:
NOW, THEREFORE, the owners of lots in BRAESWOOD do hereby modify the original RESERVATIONS AND CERTIFICATE OF DEDICATION and the first amendment thereto to provide as follows:
THIS SECOND AMENDED RESERVATIONS AND CERTIFICATE OF DEDICATION has been approved by more than 60% of the owners of lots (the “Owners”) within BRAESWOOD, an Addition to Tulsa County, Oklahoma, and is intended to amend, supplement and replace in its entirety the Original Reservations and Certificate of Dedication for BRAESWOOD (the “RESERVATIONS AND CERTIFICATE OF DEDICATION”), and the First Amendment thereto. This shall be effective upon its recordation in the office of the County Clerk of Tulsa County, Oklahoma.
The Undersigned do hereby impose the following restrictions and reservations and create the easements which shall be binding upon them, their successors and assigns, to-wit:
1. These covenants, conditions, and restrictions are to run with title to the land and shall be binding on all parties and all persons claiming under them until November 1, 2010 A.D., at which time the same shall automatically be extended, successive periods of ten (10) years unless by vote of a majority of the then owners of the lots it is agreed to rescind same in whole or in part.
2. If any of the owners of BRAESWOOD, or any of their heirs, or assigns shall violate any the covenants, conditions or restrictions hereto, it shall be lawful for the Braeswood Homeowners’ Association or any person or persons owning any real property situated in said Addition to prosecute any proceedings at law or in equity against him or them from so doing and to recover damages or other appropriate relief for such violations. Further, the prevailing party in any such action at law or in equity shall be entitled to reimbursement of their costs and attorney fees to be set at the discretions of the court, in addition to any such damages or issuance of any injunction.
3. All lots in the Addition shall be known and described as residential lots, and shall be used for residential purposes only. No structure shall be erected, altered, placed, or permitted to remain on any residential lot other than a single-family dwelling, at least one story in height, with not less than a two-car carport or two-car enclosed garage. No carport shall be built in BRAESWOOD subsequent to the effective date of this amended document without first obtaining the written approval from the Building Committee in accordance with paragraph 18 below.
4. No building shall be located nearer to the front of the lot line, nor nearer to the side street line than the building lines shown recorded on the plat; and in any event, no building shall be located nearer than seven and one-half (71⁄2) feet to any side lot line, or five (5) feet from one lot line and ten (10) feet from the other, allowing at least fifteen (15) feet between buildings.
5. No business or trade activity shall be carried on upon any lot in said Addition. No noxious or offensive activity shall be carried on upon any lot, neither shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
6. No building or dwelling unit on any lot shall be constructed with less than three thousand (3,000) square feet of enclosed living area for any one single family unit, exclusive of open porches, garages, or breezeways. In the event of a dwelling having more than one story, there shall be a minimum of two thousand (2,000) square feet on the first story and not less than twelve hundred (1,200) square feet on the second story, exclusive of open porches, garages, and breezeways.
7. Easements for the installation and maintenance and drainage facilities reserved, as shown on recorded plat.
8. No animal, livestock, or poultry shall be raised, bred, or kept on any lot, except that four household pets (no more than two (2) dogs, no more than two (2) cats and no other type of animals) be kept, provided that they are not kept, bred, or maintained for any commercial use, and all pets must be kept fenced or otherwise restrained.
9. No dwelling shall be erected or placed upon any lot which has a roof pitch of less than 21⁄2 in 12 and all dwellings must have roofs that meet the following roofing requirements. All roofs must have the appearance of either a shake shingle or slate shingle roof. Acceptable composition materials include:
A. Asphalt/fiberglass composition materials that are considered to be multi-layered laminated shingles that replicate the look of slate or shake shingles (acceptable examples include Camelot-30 year and Camelot Lifetime (GAF), Grand Manor and Presidential TL (Certainteed));
B. Wood shake shingles that are either 1⁄2” or 3⁄4” or simulated shake material (acceptable example includes DaVinci Shake);
C. Slate (acceptable example includes TrueSlate (GAF) or simulated (synthetic) slate composition materials (acceptable example includes Davinci Slate); or
D. Tile that includes concrete or clay shake (acceptable examples include LudoShake or LudoSlate).
E. No three (3) tab or less, single layer composition roofs shall be acceptable.
F. The color of the roofing shingles must be approved in writing by the Building Committee. The Building Committee must consider the effect of the color of the roofing shingles on the adjoining or neighboring properties. Generally acceptable colors will be variations of black, gray, or dark brown colors. Colors not generally acceptable are variations of red, orange, yellow, pink, or green colors.
G. No materials containing asbestos may be used for any housing materials in a dwelling in BRAESWOOD.
H. All roofing projects must be approved in writing by the Building Committee prior to any work being started. The Building Committee will maintain a list of roofing companies that have performed work in BRAESWOOD and are considered to be in good or poor standing with the Building Committee.
I. All windows are to be wood windows and all sliding glass doors are to have wood facings or facings that look like wood, unless approved in writing by the Building Committee.
J. No railroad ties shall be used for retaining walls or retention purposes in front or the back of homes unless approved in writing by the Building Committee.
10. No trailer, basement, tent, shack, or garage erected in this Addition shall at any time be used as a residence. Neither shall any structure of a temporary nature or character be used as a residence nor any structure previously used be moved onto any lot in the Addition or used as a residence and no structure built off-site of any lot in the Addition shall be moved onto the lot or maintained on the lot.
11. Except for ornamental fences which shall not exceed 30 inches in height, no fence shall be constructed in front of the building line of any residence on any lot in BRAESWOOD. No chain link, barbed wire, or metal fences are allowed on any lot. However, ornamental iron fences, rail fences, corral fences, and screening fences around pools and patios may be installed after obtaining the written approval of the Building Committee. All fencing must comply with applicable building and other codes and must be installed in a professional manner. All plans for the installation of perimeter fences, privacy fences, and screening fences must be pre-approved in writing by the Building Committee.
12. Easements for installation and maintenance of utilities and drainage facilities are dedicated as shown on the recorded Plat, with the right of ingress or egress to said easements. Within these easements no structure or fence shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority, association of property owners, or utility is responsible. This restriction will unconditionally prohibit any fencing in any drainage easement.
13. Miscellaneous Provisions:
A. Areas designated on the accompanying plat as “reserve detention area” are hereby established by grant of the owner as a perpetual easement for the common use and benefit of the various lots within the subdivision for the purpose of constructing and maintaining storm water detention facilities in accordance with the prescribed by the City of Tulsa and in accordance with plans and specifications approved by the City Engineer of the City of Tulsa. No fence, wall, planting, building, or other obstruction may be placed or maintained in detention area without approval of the City Engineer of the City of Tulsa, and there shall be no alteration of the grades without approval of the City Engineer; and there shall be no alteration of the grade or contours in said detention area without the approval of the City Engineer. It shall be the duty of the lot owners to maintain detention area and facilities at their cost in accordance with standards prescribed by the City of Tulsa. In the event said lot owners should fail to adequately and properly maintain detention area and facilities, the City of Tulsa may enter and perform said maintenance, and the cost of performing said maintenance shall be paid by lot owners proportionately on the basis of lot ownership. In the event lot owners fail to pay the cost of maintenance within thirty (30) days after completion of maintenance, cost shall be a lien against all lots in the subdivision for which proportionate payment has not been made which may be foreclosed by the City of Tulsa. Said easement or any part thereof may be terminated, released, and canceled upon resolution being adopted by the Tulsa Board of Commissioners providing such.
B. A permanently visible monument shall be set on each property line at its intersection with the dedicated drainageway and at all P.I.’s to identify the limits of the drainageway. Said monuments shall conform to adopted City standards and shall be maintained and not removed by any owner, his successors, and assigns.
C. Owners relinquish any and all right of vehicular ingress and egress from any property lying adjacent to East 61st Street South within the bounds designated as “Limits of No Access” as shown on the attached plat. This provision may be changed by favorable recommendation of the City Engineer and the concurring approval of the Tulsa Metropolitan Area Planning Commission.
14. Except as expressly hereinafter provided, no lot or parcel shall be used as parking, storing, display, or accommodation area for any type of motor vehicle, boat, trailer, camper, or motor- driven vehicle. Neither shall any lot or portion of a lot be used to perform any activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, painting, or servicing of any kind.
15. No antennas for television, radios, or any other wireless device shall be located on the exterior of any residence except a satellite dish smaller than 32” in diameter to be located on a side area or rear area of the house. All plans for the installation of any device requiring the placement of the device on the exterior of the residence shall be submitted to the Building Committee for written approval prior to installation
16. No advertisement sign or structure shall be erected, placed or maintained on any lot except one sign of not more than five (5) feet square advertising the property for sale or a sign that shall be no more than two (2) feet square erected, placed, or maintained by a contractor to advertise during a project for repair, remodel, or reconstruction. Any sign shall be removed at the completion of the sale or the completion of the project. Such signs must be on private property and not on street right-of-way.
17. All lots, together with the exterior of all improvements located thereon, shall be maintained in a neat and attractive condition by their respective owners. Such maintenance shall include, but not be limited to painting, repairing, replacing, and caring for roofs, gutters, downspouts, building surfaces, walkways, driveways, and other exterior improvements, cutting grass, lawn maintenance, and proper care for all trees, shrubbery and other landscaping. If an owner fails to maintain the lot, Braeswood Homeowners’ Association may contract for the proper maintenance and the owner must pay the cost of such maintenance. If the owner fails to pay the cost of such maintenance within thirty (30) days after completion of such maintenance, such cost shall be a lien against the lot
18. Building Committee
A. There is hereby established a Building Committee, which shall consist of three (3) members. The Braeswood Homeowners’ Association Board shall appoint the three members to serve at the pleasure of the Board.
B. No building, residence, fence, retaining wall, or any other type of improvement, including grading and drainage operations, shall be started on any lot until the plans and specifications, plot plan, or any other plans, or information necessary to determine the ultimate improvement or facility plans for any lot shall have been submitted to and approved in writing by the Building Committee.
C. Every approval of the Building Committee must be in writing and shall not be unreasonably withheld if the proposed project is in conformance to the requirements set forth in this Certificate of Dedication. In passing on such plans, specifications, etc., the Committee shall take into consideration the suitability of the proposed improvements to the site and consider the harmony thereof with the surrounding, and the effect of the planned improvements on the view from all adjacent or neighboring properties.
D. Neither the Building Committee, nor any member, employee, or agent thereof, shall be liable to any owner or to anyone submitting plans and specifications for approval, or to any other party by reason of mistake in judgment, negligence, or nonfeasance, arising out of or in connection with the approval, disapproval or failure to approve any such plans and specifications, or for any other action in connection with its or their duties hereafter. Likewise, anyone so submitting such plans, and any person when he becomes an owner, agrees that he or it will not bring any action or suit to recover any damages against the Building Committee, or any member, employee, or agent of said Committee; provided, nothing herein shall preclude any person from seeking relief in a court of competent jurisdiction from any action of the Building Committee which is alleged to be arbitrary or unreasonable.
19. All of the lots are subject to the following provisions, to wit:
A. Overhead pole lines (electric service) may be located along all the edges of the Addition. Street light poles or standards may be served by underground cable and elsewhere throughout said Addition all supply lines shall 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 described in paragraph (A) above, underground service cables to all houses may be run from the nearest service pedestal or transformer to the point of usage determined by the location and construction of 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 shall thereafter be deemed to have a definitive permanent effective and exclusive right-of-way easement on said lot covering a five-foot strip extending 2.5 feet on each aide of such service cable, extending from the service pedestal or transformer to the service entrance on said house.
C. The supplier of electric service, through its proper agents and employees, shall at all times have right of access 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 electric facilities so installed by it.
D. The owner of each lot shall be responsible for the protection of the underground electric facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said electric facilities. The company will be responsible for ordinary maintenance of underground electric 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.
E. The foregoing covenants concerning underground electric facilities-enforceable by the supplier of electric service, and the owner of each lot agrees to be bound hereby.
F. The owner of each lot shall be responsible for protection of public water mains and of public sanitary sewer facilities located on his lot and shall prevent the alteration of grade in excess three (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.
G. 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.
H. 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.
I. 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.
J. The owner of each unit or lot shall be responsible for the protection of natural gas mains and services located on his lot and shall prevent the alteration of grade or any construction activity which may interfere with said natural gas mains and services. Said alteration of grade restrictions shall be limited to easement areas.
20. Mandatory membership in Braeswood Homeowners’ Association. Every person or entity who is a record owner of the fee interest of a lot within BRAESWOOD shall be a member of the Braeswood Homeowners’ Association. Membership shall be mandatory and shall be appurtenant to and may not be separated from the ownership of a lot.
21. By execution of this First Amendment (Filed on May 15, 2002 as Document Number 02063490, in the records of the Tulsa County Clerk in Book 6748 at Pages 2647 through 2705) or upon acceptance of a deed to any lot within BRAESWOOD from and after the date of said First Amendment, each and every owner is deemed to covenant and agree to pay to the Braeswood Homeowners’ Association an annual assessment for maintenance of the common areas, including but not limited to, the reserve detention area and entranceways, in BRAESWOOD, and for such other purposes as the Board of Directors for the Braeswood Homeowners’ Association shall, from time to time, determine. The amount of the annual assessment each year shall be determined by majority vote of the Board of Directors of the Braeswood Homeowners’ Association unless otherwise provided by the Bylaws of the Braeswood Homeowners’ Association. The owner of each residence in BRAESWOOD shall bear its pro rata share of this annual assessment, and such pro rata share together with 10% interest, costs and reasonable attorneys’ fees, if not timely paid, shall be a continuing lien on such lot and the personal obligation of the owner(s) at the time of any such assessment. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage.
22. Without limitation of such other powers and rights as the Braeswood Homeowners’ Association may have, the Braeswood Homeowners’ Association shall be deemed a beneficiary of the various covenants contained in the Certificate of Dedication and this First Amendment to the same extent as all other beneficiaries thereof, including each lot owner, the City of Tulsa and the supplier of any utility service within BRAESWOOD, and shall have the right to enforce said covenants and agreements.
23. The Braeswood Homeowners’ Association shall be responsible for maintenance of the reserve detention area and the entranceways and shall assume the maintenance obligations set forth in section 13 of the Certificate of Dedication.
IN WITNESS WHEREOF, we have hereunto set our hands and seals in Tulsa, Oklahoma, this ___________________ day of ______________, 2011.
IN WITHESS WHEREOF, we have hereunto set our hands and seals in Tulsa, Oklahoma, this 21st day of July, 1981.
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