No. 510732
PLAT #3653
Dated: September 28th, 1976
Filed: September 30th, 1976 at 11:14 PM
In the office of the County
Clerk within and for Tulsa
County, State of Oklahoma
WOODLAND HILLS SOUTH
A part of the North 1/2, Section 12, T-18-N, R-13-E
TULSA COUNTY, OKLAHOMA
A Portion of PLANNED UNIT DEVELOPMENT NO. 179
CERTIFICATE OF DEDICATION
KNOW ALL MEN BY THESE PRESENT:
That WEBSTER PROPERTIES, Inc., an Oklahoma Corporation, is the owner of the following real property situated in the City of Tulsa, Tulsa County, State of Oklahoma, to-wit:
A part of the N 1/2 of Section 12, T-18-N, R-13-E. Tulsa County, Oklahoma, more particularly described as follows, to-wit:
[Legal description]
containing 64.80 acres, more or less.
WHEREAS, the above named owner has caused the above described tract to be surveyed, staked, platted, and subdivide into lots, blocks, and streets, and has designated the same as WOODLAND HILLS SOUTH, an Addition to the City of Tulsa, Tulsa County, State of Oklahoma, according to the Recorded Plat thereof. The undersigned owner does further hereby dedicate for public use the public streets and public places shown on said plat, and does hereby guarantee the title to all the land dedicated for said public streets and does further dedicate for public use the easements and rights-of-ways as shown on the accompanying plat for the several purposes stated herein below.
AND, WHEREAS, said addition was processed as a portion of the Planned Unit Development No. 179, pursuant to sections 1100 through 1170 of Title 42, Tulsa Revised Ordinances, of the City of Tulsa, as the same existed on October 24, 1975, which Planned Unit Development No. 179 was approved by the Tulsa Metropolitan Area Planning Commission on October 8, 1975, and was approved by the Board of City Commissioners of the City of Tulsa, Oklahoma, on October 24, 1975.
NOW, THEREFORE, the undersigned Owner (hereinafter referred to as "Owner"), for the purpose of providing an orderly development of the Planned Unit Development No. 179 as above described, and for the purpose of insuring adequate restrictions for the mutual benefit of the undersigned Owner, its successors, grantees, and assigns, and the City of Tulsa, Oklahoma, does hereby impose the following restriction and covenants which shall be covenants running with the land and create the easements which shall be binding on them, its successors and assigns, and which shall be enforceable by the Owners of the above described properties, their successors in title, and by the City of Tulsa, Oklahoma.
1.This addition shall or maybe restricted to single family use and customary accessory facilities incidental thereto. No building shall be erected, placed or permitted to remain on any lot other than one detached, single-family development not to exceed two (2) stories in height and an attached private enclosed garage for at least two (2) automobiles.
2.No building shall or may be erected, placed or permitted to remain on any lot closer to the public streets than the building lines shown on the recorded plat nor within twenty (20) feet of the rear lot lines.
A minimum combined separation or side yard of fifteen (15) feet shall be maintained between buildings on adjacent lots and no building may or shall be erected or permitted to remain within five (5) feet of any side lot line.
3.No noxious or offensive trade or enterprise shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
4.No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at anytime as a residence, either temporarily or permanently, and no structure of any description shall be moved from any other location to a lot in this addition. No outbuilding may be erected or permitted to remain on any lot other than an outbuilding constructed of like materials and design as the house on the lot and shall not exceed 120 square feet in area. No metal or tin or other outbuildings shall be permitted.
5.No dwelling shall be permitted on any lot which, if a single story dwelling, shall have a finished floor area of less than 1,800 square feet, on a two-story dwelling shall have less than 1,800 square feet and no less than 1,000 square feet on the first floor elevation and less than 800 square feet on the second floor elevation. All of said
minimum floor areas shall be determined exclusive of porches and garages.
6.No structure of any kind shall be erected, altered or permitted on any lot the roof of which has a surface of asphalt composition shingle or roll-type granulated surface material.(SEE REVISION)
7.No structure of any kind shall be permitted which has a screened-in porch on the front of said structure.
8.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 within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-lines limitation shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of the driveway. No tree shall be permitted to remain within such distance of such intersection unless the foliage line of such is maintained at sufficient height to prevent obstruction of such lines. No privacy fence shall exceed six (6) feet in height.
9.Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat, over the rear and side of the lots as shown thereon.
10.Access points from the addition shall be permitted onto or from South Memorial, as shown on the attached plat and the undersigned owner, for itself, its grantees, successors and assigns, hereby relinquishes any and all rights of vehicular ingress and egress in those areas designated on the plat as "Limits of No Access." Providing however, that the "Limits of No Access" may be amended or modified by the undersigned with the approval of the Tulsa Metropolitan Area Planning Commission.
11.The undersigned owners further dedicate to the public use forever, easements and rights-of-way as shown and designated on the accompanying plat for the purposes of constructing, maintaining, operating, repairing, removing and replacing any and all public utilities, including, storm sewers, telephone lines, electric power lines and transformers, gas lines, conduits, pipes, valves, meters, and any other appurtenance thereto, with the right of ingress and egress to said easements and rights-of-way for the uses and purposes of aforesaid, together with similar rights in each and all of the streets and alleys shown on said plat; PROVIDED, HOWEVER, that the undersigned owner hereby reserves the right to construct, maintain, operate, lay and relay water lines and sewer lines together with the right of ingress and egress for such constructions, maintenance, operation, laying, relaying over, across and along all of the public streets and alleys shown in said plat, and over, across and along all strips of land included within the easements shown thereon, both for the purpose of furnishing water and/or sewer service to the area included in said plat and to any other areas, and provided that:
(a) Overhead pole lines for the supply of electric power may be located along the edges of and across BLOCKS 5, 7, and 9. Street light poles or standards may be served by underground cable and elsewhere throughout said Addition all supply lines shall be 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, 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 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 (5) 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, through its proper agents and employees, shall at all times have right of access to all such easement-way 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 the 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 shall be enforceable by the supplier of electric service, and the owner of each lot agrees to be
bound hereby.
12.A minimum of two (2) paved off-street parking spaces shall be provided by the owner of each lot in addition to the two car garage.
13.No structure, building, or use shall be permitted in the Addition, except for residential buildings and uses, and accessory facilities, as permitted under RS-2, Residential Single-Family Zoning district as defined by Title 42, Tulsa Revised Ordinances, as same existed on October 24, 1975, and except as permitted or modified by the provisions of Planned Unit Development 179, and any subsequent amendments thereto.
14.Sections 1100 through 1170, Title 42, Tulsa Revised Ordinances as existing on October 24, 1975, shall apply to the addition unless herein modified.
15.The undersigned hereby further subjects the foregoing real property to these restrictive covenants, terms and conditions set forth and defined in the Declaration of Covenants, Conditions and Restrictions of Planned Unit Development Number 179.
16.These restrictions shall run with the land and shall inure to the benefit of and be binding upon the parties hereto and their successors in title (and to the limited extent specifically set forth, the other third party beneficiaries herein named) for a term of twenty-five (25) years from this date, PROVIDING, HOWEVER, that these restrictive covenants may be renewed for an additional ten (10) year period or amended or changed in whole or in part by the then owners of a majority of the lots with the consent of the Tulsa Metropolitan Area Planning Commission. If any owner of any lot shall violate any of the covenants, conditions, and restrictions, then it shall be lawful for any other person owning any other lot in this subdivision (as well as third party beneficiaries herein named or identified) to prosecute any proceedings, either at law or in equity, against the person or persons so violating the same and either to prevent him or them from so doing, or to recover damages resulting therefrom, together with a reasonable attorney's fee.
17.These restrictive covenants, together with the other documents incorporated by reference, shall be construed as a whole. The captions herein contained or otherwise appertaining are for the sake of convenience only, and each instrument shall be construed as a whole. The invalidity of any phrase, clause or provisions herein contained shall not serve to render the balance of this instrument as void, nor unenforceable, and the same shall thereafter be construed as if such phrase, clause or provisions were not herein contained, or to otherwise give maximum effect to the intent of the undersigned. The failure of the owner, or any successor in title, to enforce any given restrictions or covenant, or conditions at any time, or from time to time, shall not be deemed to be a waiver or relinquishment of any right or remedy, nor a modification of these restrictions and protective covenants.
DATED this 28th day of September, 1976
(CORPORATE SEAL) WEBSTER PROPERTIES, INC.
ATTEST: Richard O. Wheeler, Jr.
Secretary
by: B. O. Wheeler, President
STATE OF OKLAHOMA )
) ss
COUNTY OF TULSA )
BEFORE ME, the undersigned Notary Public in and for said County and State on this 28th day of September, Personally appeared B. O. Wheeler, of WEBSTER INCORPORATED, a corporation, to me known to be the identical person who executed the within and foregoing Certificate of Dedication, and acknowledged to me that he executed the same as his free and voluntary act and deed on behalf of such corporation as President of said corporation, for the use and purposes therein set forth.
Given under my hand and seal the day and year last above written.
Starla Dee Tallert, Notary Public
(SEAL)
Commission expires: January 24, 1979
