Trinity Creek Cottages Covenants

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THE COTTAGES AT TRINITY CREEK

DEED OF DEDICATION AND RESTRICTIVE COVENANTS

 

Know all men by these presents:

That Trinity Creek OevelopmenInc.is the owner of the following descnbed rand in the City of Tulsa. Tulsa County. State of

Oklahoma, to-wit:

 

A subdivision in part of the SW/4 of Section 26, Township 19 North,Range 14 East of the Indian Base and Meridian, in the

City ofTulsa, State of Oklahoma, being more particularly described as follows, to-wit:

 

 

Beginning at the south quarter oomer of said section; thence S 88’40’17” W along the south boundal)’ of said SW/4 a distance of 854.85 feet to a point, thence 1’19’43’W  a distance of 200.98 feel to a point; thence N 43’40’17” E a distance of 193.94 feet to a point, thence N 74’47’22’E  a distance of 162.61 feel to a point; thence N 1’19’43’W a dislance of 131.42 feet to a point; thence N 35’45’13” E a distance of 105.26 feet to a point;thence N 54’55’38’E a dislanceof 103.511eelto a point; thence N 86’55’04’E a distance of 162.77 feel to a point; thence N 88’40’17”  E a distance of 248.olleet to a point on the east boundary of said SW/4; thence S 1’1T41’E along the east boundary of said SW/4 a distance of655.00 feel to the

point of beginmng,

 

less  the south 50 feet  thereof,  which  street right-< 1-way for East  51st Street South, was dedicated by the plat of Trinity Creek, Plat No. 5824thereof, containing 9.36 acres, more or less [formerly the vacated plat of Blocks 1, 2 and 3 and Reserve C, of Trinity Creek, a subdivision in the City oiTulsa, Tulsa County, State of Oklahoma}.

 

And that the owner has caused the above described land to be surveyed, staked, platted and subdivided into 361ots in 3

Dloclts in confonnity with the accompanying Plat, and has designated the subdivision as The Cottages at Trinity Creek, a

subdivision in the City of Tulsa, Tulsa County, State of Oklahoma. Sedion  I. Publi«: Slfelt Right5-of-Way, Easements and Utilities A. Ublity Easements

The owner does hereby dedicate for public use the public street rights-<lf-way as depiCted on the accompanying Plat and does further de<lcate for public use the easements as depicted on the accompanying Plat as “U/E’for ‘Utility Easernenr lor the several purposes of constructing, maintaining,repairing, removing and replacing any and all public ulilibes, induding storm and sanitary sawer5, telephone and communication lines.eleclric power lines and transformers, gas lines,  water lines  and cable television lines, together with all fittings, including the poles, wires, oonduits, pipes, valves, meters and equipment  for each such ladlilies and any other appurtenances theleto, with the rights of ingress and egress to and upon the utility easements for the uses and purposes aforesaid, provided however, the owner hereby reserves the right to construct, maintain, operate. lay and re-lay water lines and sewer Iiles.  together  with the right of ingress and egress lor such construction, maintenance, operation, laying and re-laying over, across and along  all the utility easements depicted on the Plat, for the purpose of furnishing water and/or sewer services to the area included in the Plat and to the areas outside of the Plat.  The owner herein imposes a restrictive covenant  which covenant shall be binding on each lot owner  and shaH be enforceable by the City ofTulsa, Oldahoma, and by the supplier of any attected utility service, that are within the utility easements depicted on the accompanying Plat that no building, structure or other above or below ground obstruclion shall be placed, erected, installed or maintained within the utility easements, provided, however, nothing herein shall be deemed to prohibit fences,  drives, paliting areas, curbing and landscaping

within utility easements, which do not constitute an obstruction.

B. Underground Service

 

1.  Overhead pole tines for the supply of electric, lelephone and cable television services may be located within the ulility easements along East 51st Street South, also along the East perimeter of the subdivision lor maintenance of the overhead pole line located adjacent to the East property line. Street light poles or standards may be served by underground cable, and except as provided in the immediately preceding sentence, all electric and communication supply  nes shallbe located underground, in the easement-ways reserved for general utility services and streets. shown on the accompan ng plat

 

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2. All sllfllllr  hnes in  the Subdivision including electlic. telepllooe, cable televiSion and gas lines shall be located underground in the easements reserved for generalutility services and streets shown on the plat of the subdivision Service pedestals and transformers, as sources of supply at secondary voltages, may also be located in the easements.

 

3. Underground service cables and gas service lines to allstructures which may be located on all lois in the Subdivision may be run from the nearest gas main, service pedestalor transformer to the point of usage determined by the location and construclion of such structure as may be located upon each lot provided that upon the installation of such a

service cable or gas service line to a particular structure, the supplier ol service shall thereafter be deemed to have a

definitive, permanent,and effeclive right-<Jf-way easement on the lot, cxwering a live-fool strip extending 2.5 feel on

each side ol such service cable or line, extending from the service pedestal, llansformer or gas main to the service

entrance on the structure.

 

4. The supplier of electric. telephone,cable television and gas services, through its authonzed agents and employees, shall at all times have right of access to allsuch  easements shown on the plat to the Subdivision or provided for in this deed of dedication for the purpose of instaUing, maintaining, removing or repladng any portion of the underground electric, telephone, cable television or gas service facilities so installed by it The supplier of electric, lalephone, cable television also reserve the perpetualright,privilege and authority: to cut down. trim. or treat any trees and undergrowth on the easements.

 

5.  The owner of each lot in the Subdivision shall be responsible for the protecllon ol the underground electric facilities located on his property and shallprevent the alteration of grade or any construction activity which may interfere with the eleclric, lelephooe, cable television or gas facilities. The supplier  ol service will be responsible for ordinary maintenance of underground faci ties.but the owner of each lot in the Subdivision will pay for damage or relocation of such facilities caused or necessilated by acts of such owner or his agents or contrac1ors. The foregoing Covenants conceming underground facilities shall be enforceable by the supplier of electric, telephone, cable television or gas services.

 

C Water, Sanitary Sewer, and StomrSewer Service

 

1. The owner of the lol shall be responsible for the protection of the public water mains,sanitary sewer mains, and storm

sewers located on his lol.

 

2. With the stonn sewer easement and utility easement areas depicted on the accompanying Plat, the alteration of grade from the contours existing upon the completion of the installation of a public water main, sanitary sewer main, or sl01ll1 sewer or any construction activily which would interfere with the public water mains. sanitary sewer mains, and storm sewers shall be prohibited.

 

3. The  C1ty ofTulsa, Oklahoma, or s successors, shall be responsible for ordinary maintenance of public water mains. sanitary sewer mains, and stonn sewers but the owner shall pay for damage or relocation of such facilities caused or necessitated by acts of the owner, or the owne(s agents or contractors.

 

4. The Cily of Tulsa, Oklahoma, or its successors. shall at all times have right of access to all easements depicted on the accompanying Plat, or otheiWise provided lor in this deed of dedication, for the purpose of installing, maintainmg.

removing or replacing any portion of underground water. sanitary sewer or storm sewer facilities.

5. The City of Tulsa, or its successors prohibits the erection of any arch or similar structure over any driveway, pnvate street or entrance drive to and within the parking area which would prohibit any government vehicle, specifiCally any fire vehicle from free usage and circulation lllroughout the facility.

 

6. The foregoing covenants set forth in this paragraph C shalt be enforceable by the City of Tulsa. Oklahoma. or its

successors. and the owner of the lois agrees to be bound hereby.

 

D. Gas Service

 

1. The owner of the lot shall be responsible for the protection of the gas facilities located on the owner’s lot.

 

2. Within the utility easement areas depicted on the accompanying Plat the atteration of grade from the contours existing upon the completion of the installation of a gas rAain or construction activity that would interfere with gas mains shall be prohibited.

 

3. The supplier of the gas service shall be responsible for ordinary maintenance of gas mains but the owner of a lot shall pay for damage or relocation of such facilities caused or necessitated by acts of the owner, or the owne(s agents or contractors.

 

4. The supplier of gas serviCe shall at all times have right of access to all utility easements depicted on the accompanying Plat, or otherwise provided for in this deed of dedication, for the purpose of installing, removing or replacing any portion of gas facilities.

 

5. The foregoing covenants set forth in th1s paragraph D shall be enforceable by the supplier of gas service, and tile

owner of the lot agrees  to be bound hereby.

 

E. Surface Dra1nage

 

Each lot shallreceive and drain, in an unrestricted manner. the storm and surface waters from lots and drainage areas

of higher elevation and from public streets and easements. No lot owner shall construct or permn to be constructed any fencing or other obstructions  which would impair the drainage of storm and surface waters over and 3cross his lot.  The

foregoing covenants set forth in this paragraph E shall be enforceable by any affected lot owner and the City of Tulsa,

Oldahorna.

 

F. limits of No Access

 

The owner hereby relinquishes rights of vehicular ingress or egress from any portion of the property adjacent to East

51st Slreet South within the bounds designated as ‘limits of No N.cess'(l.N.A.) on the accompanying Plat, which

‘limits of No Nx;ess’may be amended or released by the Tulsa Metropolitan Area Planning   Commission. or ns

successor, and with the approvalof the City of Tulsa, Oklahoma, or as otherwise provided by the statutes and laws of

the state of Oklahoma pertaining thereto, and the limits of no access above established shall be enforceable by the City

ofTulsa.

 

G. Paving and Landscaping  Wnhin Easements

 

The owner of the lots affected shallbe responsible for the repair of damage to landscaping and paving occasioned by installation or necessary maintenance of underground water, sewer, storm sewer, facilities within the utility easement and reslricted waterline easement areas depicted upon the accompanying Plat, provided however. the City of Tulsa, Oklahoma or the supplier of the utility service shall use reasonable care in the performance of such activities.

 

H. Storm Sewer

 

1. The City ofTulsa. Oklahoma, or ns successors, through its proper agents and employees, shall at all ti es have right of access with their equipment to all storm sewer easements lor the purpose of installing, maintaining. removing or replacing any portion of the underground storm sewer system.

 

2. No fence, wall, building or other obstruction shall be placed or maintained in the storm sewer easement area, and any construction activity which would mterfere with the storm sewer system.

 

3. The City of Tulsa, Oklahoma, or its successors, shall be responsible for ord1nary main!enance of the public storm sewer system, but the owner of each lot shall pay for damage or relocation of such system caused or necess ated by acts of the owner or the owner’s agents or contractors. ·

 

4. The foregoing covenants concerning the public storm sewer system shall be enforceable by the City of Tulsa.

Oklahoma, or its successor, and the owner of the lots agrees to be bound hereby.

 

I. Overland Drainage Easements

 

1.   The Owner does hereby grant to the City of Tulsa. Oklahoma and establish perpetualeasements on, over ano aaoss those areas designated on the accompanying plat as ‘ODE’or ‘Overland Drainage Easement’for the

purposes of permitting the overland l!ow, conveyance,  and  discharge  of stonm water runoff from the various lots

within the subdivision and from properties outside the subdivision.

 

2.   Drainage facilities constructed in overland drainage easements shaJJ be in accordance wrth the adopted standards of the City of Tulsa, Oklahoma, and plans and specifications approved by the Department of Public Worlls and Development of the City of Tulsa,Oklahoma.

 

3.   No fence, wall, building or other obstruction may be placed or maintained in the overland drainage easement areas nor shall there be any alteration of the grades or contours in the easement areas unless approved by the department of public llOif(s of the City ofTulsa, Oklahoma, provided, however, that the planting of turf  shall not require the approvalof the Department of Public Works and Development of the City of Tulsa. Oklahoma.

 

4.  The overland drainage easement areas and facilities located wrthin a lot shall be maintained by the owner of the lot upon which the drainage easement is located at his  oost in accordance with standards prescribed by the City of Tulsa Oklahoma. In the event the owner of the tot over which an ovelland drainage easement is located should fail to properly maintain the easement area and facilities located thereon or,in the event of the placement of an obstruction  wrthin the easement area.or the alteration of the grade or contour !herein, the City ofTulsa, Oklahoma, or its designated contractor may enter the easement area and perform maintenance necessary to the achievell’ll!lll

of the intended drainage functions and may remove any obstruction or COIT8ct any alteration of grade or contour. and

the oosllhereolshall be paid by the owner of the lot. In the event the owner fails to pay the cost of maintenance

after completion of the maintenance and receipt of a statement of costs, the City of Tulsa.Oklahoma, may file of

record a copy of the statement of costs. and thereafter the costs shallbe a lien against the lot of the  owner. A lien established as above provided may be foreclosed by the City ofTulsa. Oklahoma.

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SECTION II. PLANNED UNIT DEVELOPMENT RESTRICTIONS

Whereas. The Cottages at Trinity Creek was submitted as a planned unit development (designated as PUD 711) pursuant to Sections 1100-1170 of Tille 42.Tulsa Revised Ordinances (Tulsa Zoning Code).as the Tulsa Zoning Code existed on December 15,2004 and PUO 711 was approved by llle Tulsa Metropolitan Area Planning Commission on December 15,

2004 and approved by the Councilof the City o!Tulsa, Oklahoma on February 10. 2005 the implementing Ordinance No.

21007 published February 18. 2005. and

 

Whereas. Owner desires to establish restrictions for the purpose of achieving an orderly development for the mutualbenefit of owner.its grantees. successors and assigns in title and the City of Tulsa,Oklahoma.and

 

Whereas. the planned unit development provisions of the Tulsa Zoning Code require the establishment of covenants of

record inuring to and en!orceab4e by the City ofTulsa, 0/dahoma  sufficient to assure continued compliance with the approved planned unit development and amendments thereto.

 

Therefore, owner does hereby impose the following restrictions and covenants which shall be covenants running with the land and shall be binding upon owner, its grantees and successors in title and shallbe enforceable by owner. any person owning a tot in The Cottages at Trinity Creek and by the City of Tulsa as hereinafter set forth.

 

A. General standards

 

The development of The Cottages alTnnity Creek shaU be subject  to the planned unit development provisions of the

Tulsa Zoning Code, as such provisions existed December 15.2004, or as may be subsequenUy amended.

 

B. Development standards

 

1. Permitted uses

 

Those uses indllded  as a matter of right in use unit 6, single  famijy dwellings,induding  a landscaped entram;e and security gatehouse and customary iiCCeSSOIY uses shall be permitted.

 

2. Minimum lot average width

The minimum average width of a lot shall be 60 feet. ,.

 

3. Maximum number of Jots

The maximum number of lots shall be 38.

 

4. Minimum lot size

The minimum size of a lot shallbe 6,900 square feet.

 

5. Maximum building height

The maximum height of a butlding shall be 35 feet.

 

6. Off-street parking

Each lot shall have lwo enclosed off-street parking spaces and at least two additional off-street parking spaces.

 

7. Minimum yards

Each dwelling unH shall have minimum yards as follows:

Front: From the front lot  ne 20FT SFT

R WFT

 

B. Uvability Space

Each dwelling unH shallhave a minimum of 4,000 square feet of livability space as defined in the City ofTutsa

Zoning Code.

 

9. Private streets

Allprivate streets shallhave a minimum right-{)f-way of 50  feet and be a minimum of 26 feet in width measured face-tG-face of curos.

 

‘The Owner/Developer acknowledges for itself and its successors in title that the City ofTulsa, Oklahoma shall have no duty to maintain any private streets within the subdivision,nor have any implied obligation to accept any subsequent lender of dedication of any private Slreets within the subdivision.

 

All curlls, gulte!s, base and paving matenals shall  be of a quality and thickness which meet the City of T lsa standards for minor residential public streets.  The maximum vertical grade of private streets shall be ten percent.

 

10.    S1gns

One entry identification sign shall be penmUed with a maximum display swface area of 32 square feet.

 

11.    Homeowners Association

 

As provided in Section V. hereof, the  Trinity Creek Homeowners Association (the “Associalion1shall be aeated and vested with sufficient authority and  financialresources to properly maintain all private streets and common areas including any securily gates, walls, detention facilities, gatehouses or other commonly owned sl!uctures within The Cottages at Trinity Creek.

5

 

SECTION HI.  PRIVATE RESTRICTIONS

 

Owner does hereby impose the following reslriclions  and covenants which shall be covenants running with the land and shall be binding upon the owner. its grantees. successors and assigns. and shall be enforceable as hereinafter  set forth.

 

A. Lots: The use of the platted lots shallbe limited to detached single-family residential  purposes, having an attached garage providing space for a minimum ollwo automobiles.

 

B. Reserve  Areas: Reserve  Area H as reflected on the recorded Plat of The Cottages at Trinity Creek shall be used as common area only. The common area will be conveyed by Owner to the Association for the purposes of pedestrian access.open area.private streets, park area and related amenities, and lor permitting the flow, conveyance. and discharge of storm water runoff from the lots within The Cottages at Trinity Creek. Drainage facilities constructed in the common area shallbe in accordance with standards prescribed by the City of Tulsa and plans and specificalions approved by the City  of Tulsa.  The Association in accordance with standards prescribed by the City of Tulsa shall maintain such drainage way area and facilities. In the event the Association should failto adequately and properly maintain the drainageway area and facilities, the City of Tulsa may enter upon the area, perfoon maintenance. and the cost of performing said maintenance shall be assessed in the same manner as specialassessments against all members of the Association. Alllot owners withinThe Cottages at Trinity Creek shall have access to the park area. playground equipment. swimming pool (if constructed) and

clubhouse (if constructed)  within the common  areas of Trinity Creek.  Access by any lot owner within The Cottages at Trinity Creek to the common area within Trinity Creek shall be subject not only to membership in ttie Association, but also to payment of the specialassessment described in Section V hereof.  The Owner reserves

the right not to construct a swimming pool and/or clubhouse.

 

C. Fencing and landscaping easement: The Owner hereby establishes perpetual easements to erect and maintain decorative fencing. as well as to install and maintain landscaping, within the area depicted on the acoompany1ng Plat as “F&UE” or “Fencing and Landscaping Easement.• Such “F&UE” areas shall be conveyed by the Owner to the Association as set forth wilhin Section V.

 

D.  nnt1ng  and  access  limitat1011: Each dwelling shall front a pnvate street.

 

 

 

E. Yards and setbacks:

 

1. Street setback: no building shall be erected nearer to a pnvale street than the building setback lines depicted on the acoompanying Plat.

Garages lacing side streets having a 15 feelbuilding line shallbe set back 20 feet from the property line.

The front of the house must lace the adjacent private street.

 

2. Rear yard: the minimum rear yard shallnot be less than 20 feet in depth.

 

3. Side yard: the minimum side yard shall not be less than 5.0 feet or the depth of any utility easement located within the lot and along the side lot line. ,

 

4. Dwelling separation:dwellings shallbe separated by not less than 10 feet.

 

5. Easement setbacks:no building, whether principal or acoessory, shall encroach upon any utility easement as depicted on the accompanying Plat.

 

6. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) feet and six

(6) teet above the private streets shall be placed or permitted to remain on any comer lot within the

sight-lriange area formed by the private street property lines and a line connecting them at points twenty-five

 

(25) feet from the intersection of private street tines or in the case of a rounded property corner. from the inl81S8Ction of the private street property lines extended_ The same sight4ines timitalion shall apply on any lot within ten (10) feel from the intersection of a private street property line with the edge of a driveway_ No tree shallbe 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.

 

F- Signage:  Monument  signs identifying the residential development may be located at entrance to The Cottages at

Trinity Creek.

 

G. Sidewalks: Alllots shall have continuous Sidewalk along the private street frontages meeting the specifications and requirements of the City of Tulsa. Four-foot wide sidewalks shall be placed along residential streets at a distance of 5′-10’from the back of the curb.

 

H. Minimum square footage:

All one story single-family dwelling units shall have a minimum of 1,600 square feet of finished heated livmg area_  All two story single family dwelling units shall have a minimum of 2,000 square feet of finished healed”‘ living area and at leasl1,600 square feet must be located on the first floor

 

Section IV.  Additional Restrictions

 

The Owner  desires  to establish additionalrestrictions  for the purpose of providing for the orderty development of The Cottages at Trinity Creek and to ensure adequate restrictions for the mutual benefit of the Owner, its grantees. successors and assigns.

 

The Owner does hereby impose the following addrtional restrictions and covenants on The Cottages at Trinity Creek which shall be covenants running with the land. and shall be binding upon the Owner. rts grantees, successors and assigns:

 

A. ArtMectural  Committee – Plan Review:

 

1. No building, fence or wall shall be erected, placed or a ered on any lot in The Cottages at Trinity Creek until the building plans and specifications and plot plan, which plot plan shows the location and facing of such building, have been approved in writing by a majority of an archrtectural committee composed of the officers of Trinity Creek Development,Inc.• or their duly authorized representative,representatives or sucoessors_ The architectural committee may approve plans and specifications  for any builder and such plans, if used again, need not be resubmitted for subsequent approval. In the event of the death or resignation of any rnernber of the above named committee, the remaining member or members shall have lull authority to approve or disapprove such plans, specifications, color scheme, materials and plot plan. or to designate a representative or representatives with the like authority, and the remaining member or members shall have authority to fillany vacancy or vacancies created by the death or resignation of any of the aforesaid members,and the newly appointed member shallhave the same

authority hereunder as his predecessors, as above set forth. In the event the architecturalconvnittee fails to approve or disapprove any such plans, specifications and plot plans submitted toas herein required w1thin thirty (30) days after such submission, or in the event no suit to enjoin the erection of suc:h building or the making of such alteration has been commenced prior to the completion thereof. such approval shall not be required and th1s covenant  shaH be deemed to have been  fully complied wrth.

 

2. The purpose of the architectural committee is to promote good design and compatibility within the subdivision and in its review of plans or determination of any waiver as hereinafter authorized may lake into consideration the nature and charatlier of the proposed building or structure. the materials of which it is to be builtlhe  availability of alternative materials, the site upon which rt is proposed to be erected and the harmony thereof with the surrounding area.  The

architectural committee shaU not be liable for any approval, disapprovalor  failure to approve hereunder, and its

approvalof building plans shallnot constitute a warranty or responsibility lor building methods, materials, procedures, struclulal design, grading or drainage, or code violations. The approval, disapproval or failure to approve of any building plans shallnot be deemed  a waiver of any restriction, unless the architectural committee is hereinafter authorized to grant the particular waiver.

 

3.  The powers and duties of the committee or its designated representabve sha” cease on the 1st day of January 2015, or when residences have been completed on ninety percent (90%} of the lots, whichever occurs first.  Thereafter, the Association shall exercise the powers and duties of the arthitectural committee. However, the Association shall not unreasonably withhold design approvals if such requests are consistent with.and meet the generalreqUirements as

previously approved by the architecturalcommittee.

 

 

 

 

 

i. 1. Stem walls: AI exposed foundation or slam walls shall be of brick or s1one or stucoo. No concrele blocks. J)OURid

conaele or any other foundation will be eXjli)Sed. No stem walls will be exposed.

 

2. Roofing: Unless approved by the arthitedural commftlee, no building shall have a roof pitdl  of less  than 7/12. All patios, pon:lles and dormels shaH be no less than a 4112 pitdl.  Wood glllined  composition roofing malerial having a thirty (30) year or more lllting{such as “Tamko Herilage 30-year) with a wealher8d wood color and appearance shall be used on aM homes in lie SIMvision. The commiflae may, but shaR not be obligated to, waive this restridion. Provided, however, such  waiver to be elfectiye must be in writing, dated  and signed by lhe committee.

 

3. Exterior walls: The first story exle!ior walls of a dwelling on a lot shall be one hundred peroent (100%) brick. stone or stucoa. provided, however. that the area of an windows and doors located In anexlerior waH and lhe area adjacent to patios and under pon:hes shall be excluded in lhe detamlination of lhe area of exl8rior wall. and turlher provided that where a part of the exterior walt is extended above the int8rior room ceiling line due toU1e cons1ruc:lions of a gable-type roof. then that portion of U1e wall extending aboveU1e inlerior room ceiling height may be consii1Jcled of wood material

and shall be excluded from the determination of the area of the exterior walls.(exclusive of lirepla<:e chase.)

 

4. Windows: All ctflellings with windows other lhan wood must be painted in color harmony with the exterior color  and texture of the residence.  Wllldows may be wood or vinyl or as approved by1he an:hiteclural committee. Vinyl windows shall be prime residential grade or beller. Wood frames shall be painted, sealed or stained.

 

5. Siding: No steel, aluminum, vinyl or plastic siding shall be pennitted on any buiding an any lot.

 

6. Mailboxes: Allmailboxes shall be of the same <fes9l to that specific plan provided by the Owner. The mailbox shall be positioned so that is accessible from the CIJib and 6 f&el from the ‘inside edge’ollhe driveway. ,nside edge’shaH mean the edge of the driveway that boldefs the largest conti1uous lot area. The top of the mailbox shaD be 46 inches from lhe  street level.  No mailbox shallbe emcted on any lot without the approval of lhe design  by the committee.

 

7. Garage doors: Garage doors must be painted in color harmony with lhe exterior color and textum of tile19Sidence. Garage doors shaR lidhave any glass exposed to tile street.but may have wood trim painted or stained to compliment lhe exterior color(s) otlhe dwelling.

 

8. Waiver:  The architectural COfMlittee may waive,in a partiaJiar instance, the building material requirements set out in

11115 subsection; provided, such waiver to be effective must be in writing, dated and signed by a majori\y of the

architecluraf committee.

 

C. Noxious acfivity: No noxious or offensive trade or actMty shall be canied on upon any lot, nor shaD any  trash.or other’ refUse be thrown, placed  or dumped upon any vacant lot. nor shaH anything be done whicll may be or become an annoyance or nuisance to lhe neighborhood.

 

0. Existing building: No existing or erected building ot any sort may be moved onto or placed on any lot.

 

E. Ternpo!llry s1ruc1ures and outbuildings:

 

1.No bailer, tan!, gatage, bam,outbuilding, nor any structure of a lempora!y nalun! shall be alany time used for hurnall

habltalion,lempolllrity or permanenlly.

 

2. Except for buildings existing atlhe time of filing ofIllis Plat, any building which is detached from1he principal dwelling structure shall be fimited1o buildings cuslomarily aa;essory to a single-family dwelling, shall be of a similar architectural design as1he  principal dwelling and approval by the architecturalcommittee.

 

F. Vehicle storaJ)e and paOOng: No inOperatiYe vehicle shalbe stored oo any residentiallot except wi1hin an enclosed

gmage. No motor home, boat trailer, travel trailer or similar reaeational vehicle shaH be loc:aled, partied or stored Wiltlin a side

or front yard.

 

G. Antennas: No radio or television tower, aerialor antenna shall be located oo any lot. Satellite dishes shal be no larger

than 18″  in diameter and be screened from view from the adjacent s1n1et.

 

H. landscaping19QUi1emen!S: The front eleYalion of alllots and side elevations of any comer lot IIIJSt be professionally landscaped to archilecltmll.oommillee requirements. Such reqtirements shall be met upon completion of each residence. All front, side and back yards must be sodded on the completion of each residence.

 

I.  l.iveslocJI and  poU!ry prohibited:  No animals. livestock or poultry fllCiudlng pigeons) of any kind shal be raised, bred or kept oo any lot or part thereof, except lhal dogs, cats or other household pets may be kept  provided,  that they are not kept. bred or maintained for any commercial purpose and  are otl1elwisG in compliance with City ofTulsa Oldinances.

 

J. Interior fences and Willis: Interior fences and walls situated upon lots shall comply with the following:

 

1.  No fencing shall extend beyond the building nne of a residence. If a residence is built behind the front building fine of a

lot, a fence may not extend beyond lhal point nearest the straet at each end comer. ·

 

2. All fences shal consist entirely of wood, brick. naturalstone, wrought iron, or some combination lhen!of. All wood fencing shall have metalposting.Such melal posting shalf be infarior of the fancing and oot Yisible from any sfr9et All wood fencing  shall be cooslrucled with the lrimmedlllnishe siding exposed to any areas visible from street view.The committee may, but shall not be obligalad to, gtant an exception to this provision upon written t No chain Unk. barbed \We, mesh or other metal fencing shal be permitted under any ciraJmslances.

 

3. No fence in excess of six (6′) lee! in height shall be pelr!lilled.

 

4. The an:hileclural commillee shal review and approve alllancing that abuts Reserve Areas, ensuring thai OOIISistent

materials and fence installation provide a unlfonn boUndaly for the Reserve Areas.

 

Section V. Homeowners’ Association

 

A. Formation of Homeownets Association. The owner has  formed or shal cause to be formed The Trinity Creek Association (the “Assodatioo’) of the owners of lots wilhin Trinity Creek and The Cottages at Trinity Creek to be eslablished  in atco1t1ance Wiltl the statutes of the stale of Oklahoma, and to be fonned for the general purposes of maintaining the commoo areas, and enhancing the value,desirability and attractiveness of Trinity Creek and The Cottages at Trinlly Cleek.

 

8. Membership. Any owner of a lot in The Cottages at Trinity Cleek in the City of Tulsa.Tulsa County, State of Oldahoma, shaft automatically become a member of the Associalion. The membe!ship of the Association shall be limited to the record G’Mllll’, whether one or more persons or entities,  of a lee simple title to a lot situated  within Trinity Cleek, The Collages at Trinlty Creek and in any addilional property as may be annexed to or merged Into1he jurisdiction of the Association or allowed to join accortlng to procedures set forth in the arlides or bytawsof the Association. The foregoing

is not illtendad to include persons or entities that hold an infllrest merely as SllCIIrity for the pedoonance of anolligaticn,

other than  oontract Mller.l. Membership shaU be appurtenant to and may not be separated from ownership of any lot

situated wtlhln Trinity Creek and The Cottages at Trinity Cleek.  Ownership of a lot shallbe the sole qualification of

membership with respect1o111ose property owners in Trinity Creek and The Collages at Trinity Creek.

 

 

C. Powers d the Association. The Association, in addition  to aol lher r9Jis, powars and duties pnMded he!8in and as contained in its certificatedincorpocalion,  shall have all powers, rights and privileges which a not-for-profit COIJ)Oiation organized under the laws of the state of Oldahoma by law may now or hereafter have to carry out lis COipol8le purpo58S.

 

D. Voting rights.  The Association shall have two classes d voting membership:

 

Class Pl. Class A members shall be all those persona or enlilles entitled to membership as defined in paragraph B d this Section V with the exception dOwner. Class A members who own a lot shall be entitled kl one (1) vole for each lot in which they hold the illeresl raquin!d for membership  by palagtaph B of this Section V; provided, however, when two or

1110111 persons or entities hold sum interest or interests in any lol,111111o1VJ all d such persons or entities shall be members

of the Association, the vote for such lot shall be exercised as they, among themselves, may determine, but in no event

shall  more than one (1) vote be cast with respect to any one lot

 

Class B: The Class B member shaD be Owner. The Class B member shaD be entilled to line (3) Wll8s for each lot in whichholds the interest reqWed for membership by paragraph B d this Section V; provided,that the Class B membership shal cease and be converted to Class A members on the earlier to ocaJr of:

 

1. The dale on which seventy-five pen;ent (75%) of the lois In Trinity Creek so plaited have been  sold  by Owner;

 

2. December 31, 2010; or

 

3. Suc:h date  as Owner exeaJies and recads with the County Clel1l of Tulsa County, Oldahoma, a notice that Owner has elected to convert the Class B membership to Class A membership.

 

Nolwilhstandlng any provision helein to the contrary, the Owner’s 3-for-1 right to vote shallrdf to Association matters ilvolving Trinity Creek,  The Collages at Trilily Creek and any additional property annexed into the jurisdiction of the Association.

 

E. Members’ Easements of En;lymenl.  Every member shallhave the nonexclusive right and pedestrian aa:ess easement to use and enjoy the common area and al improvernenls constructed thenlon. Suc:h r91t and easement shall be appurtanantlo and shall pass with the title to fMKY lot within The Collages at Trinity Creek, subject. however, to the following provisions:

 

1. The right of the Association to limit the number of guests of members as well as the volume of noise and any other nuisance  which inlelferes with the peacelul enjoyment of Trinity Creek and The Collages at Trinity Creek;

 

2. Subject to the provisions of paragraph Iof this Section V,the r91t d the Association, in 8000Rfance with its articles and bylaws, to bonow money for the purpose of inpnMrlg the common area and fadlities and improvemenls oonstructed thereon and in aid therllof to mortgage l1e common area, but rdf upon l1e prior wrillen consent of the Class B member, W any.   In the event such common area is mortgaged. the rights of the n a ••bers of the Association herellider to use and enjoy such common area shall be subject and suboldili818 to the rightsIX the rnor1gagee lhe!ein.

 

3. The right d the Association to dedicate or transferal or any part of l1e common mealo any governm&lllal  body, public agency, aulhorily, or utility for such purpo58S and smjecl to such oonditions as may be agnJed to by the membels. Such dedication and transfer shall be ellective only upon the recording of an inslrument s91ed by members enlilled lo cast on&-half (1/2) of the WlltlS of the Class A membelshlp and on&-half (1/2) d the votes of the Class B membership, W any, in which such members evidence their iiiJilltl!liflllo such dedication and transfer,oor upon the affinnalive, majority vote of the board of directors but only alter the board18C8ives wri11Bn consent from the Class B member, W any.

 

 

4. The right of the Association to suspend the voting rights and suspend or tennlnale the riglt to use and easement of the common area or a member:

 

(I) With respectto voting rights, bany period duringwhich any assessment against this lot remains unpaid;

provided, however, the Association shall give written notice to the member in delauft, or

 

I)         Wilh respect to use and easement of the common area,bany period during which any assessment against his lot remains unpaid orb any infraction !I the published rules and regulations of the Associationrelating to such use.

 

5. The right of the Association to prescribe rules and regulalioos for the use, enjoyment and maintenance of the common area.

 

F. Delegation of use of common area. My member may delegate, in acconlance with the bylaws !I the Association, his right to use, but not ownership of his easement right to, the common area and facilities and impmVemeniS si1uated thereon, to his  family members and guests, and to tenants who reside in The Cottages at Trinity Craek.

 

G. Tille to the common area. The Owner hel8in RIS8MIS the right and easement kl enter  .,onthe common a191and oonstrucl, repair and maintain improYemenfs therein.  Mainlenance of the common area shall be borne by the Association; provided, however, in the event the Association tails or refuses  to maintain the common area, the Owner shall have the right but not the obligation, to maintain the common area in a I8IISOI18ble marmer and the Association shall reimburse the Owner for such expenses upon demand. The Owner hereby oovenanls forilsell, ilsgranlees, suetassors and assigns, thai ft wit corwey fee sinpkl title to the common area kllhe Association, subject only kl any easements and nash:tioos of I’IICOid,upon the conversion of Class 8memto Class A membership pursuant tolhe hereof.

Conveyance of the tol1111on area to the Association shaH be approved in writing by the AssociafiM, which shall not

unreasonably  refuse to lake tille lherelo.

 

H. Damage to the common area. If,due to the act-or omisslol• of any a.vner, his ftnly, lananls, COIIIract

guests.lcensees or other invitees, the common area is damaged (normal-and lear excepllld) and maintenance,

repair or mp1ac:ement shall be requileilthereby, then such awner s11a11 pay for the full cost of such mai!ltenance, repair and

replacemenl as shall be determined by the Association.

 

I. Creation of lien and personal  obligation of assessments. Exa!pt for annual assessments dasaibed in paragraph 3 below, no assessments (annual or Sji6Cial) shall be massed againstorallach to any lot ownedby Ownerwlhin The Collages at Trinily Cleek.  Except for Owner, each a.vner r:l any lot by ac;ceplance of a deed therefor, whether or not

shall be so expressed in any such deed or other conveyance,is deemed to C0f1Vfff and agrae to pay to the Association his

share of:

 

(a) Annual assessments or charges provided for herein, and

 

(b) Special assessmenls for capllat inprovements,  such assessrnants to be fixed,establshed.and collected

from time to time as hereilallar provided.

 

lfpennilllld to become delinquent, an annual or special asssssment.logelherwllh suchiniBnlal thenlon and costs of collection thereof as are hen!ilaller prcMded,shal be a lien upon the lot against  which each such  assessment is made whether a lien is acluaHyfiled ofreconl or not Each such ilmssment. together with such lnlar9st, costs and reasonable allomeys’ fees incurr8d in collection thereof, shal alsobe the personal obligation r:l the person who was the owner of such lot at the time when the assessment became due. •

 

 

J.Purpose of assessment. The assessmenls levied by the Association shall be used for the purpose of promoting the racreation, health, and welfare of the residents in Trinity Creek and The Collages at TriMy Creek and promoting the habilabilily of residential slructtl’es and enhandng property values in TriMy Creek and The Collages at Trinity Creek, includng, but not limited to the improYement and maintenance of the common aniJa and improvements lhereon,privale slnlels, dlainageways and easements, driveways, parking areas. fences and walls, and landscaped areas. and the payment of taxes thereon.

 

 

I;

 

K. Annual assessments. The annual assessment on any lot owned  by the Owner and any owner of such  lot who is a buiklar rA the residential structure1hereon and does not occupy such structure as his principal residence, shall be fifty dollars ($50.00) per lot. For all other owners, the ilitial amual assessments. commencement of which is provided for in paragraph M of this Section V, for the first year shall be four hundred dollars ($400.00) per lot. The annual assessment on lots owned by owners (other than the Owner and any builder of the residential &lruclul8 which will not be used by such builder as his primary residence) may be increased by the affirmative vole rA the board  rA diraclors rA the Association upon thirty (30) days written notiCle to such owners prior to the effilctive date of such  increase,   provided,  that any increase in the annual assessment greater than 50% tom the previous years’amual assessment amount shall require the aflinnalive

vole of a majority of those owners of lots in Trinity Creek and The Collages at Trinity Creek who are in attendance (either

in peoon or by proxy) at a special meeting rA the members, duly called and noticed.

 

Annual and special assessments shal be established at a unifonn mte,except for the oosts of maintaining Reserve H which may be adjusted for any additional rosts pertaining to Reserve H, applying such ladors as the board rA directors shal determine appropriate,  including the operation oosts of the Assoc:iation.rnainlanana! of the private slnlets.common areas,oost rA living inaeases,enhancement  of property values and other equitable faclors. Annual assessments paid by the members of the Association shall be used exclusively for the maintenance and repair of the common areasf,or

such operating oosts of the Association that are related to the O!JIIIlllion rA the common areas and the general opetalions

of the Association.

 

 

 

 

L.Specialassessment In additionto the assessments authorized above, the Association may levy a $1]8Cial

assa ssment for the purpose of defraying, in whole or inpart, the rosts of any oonstruction or reconslruction, repair or

replacement of a capital improvement upon the common area or entryways,including the necessary flxlules and personal property related thereto and payment for any expenses deemed necessary and approptiale by the boal!l of direciDrs; provided that special assessments shall require the allinuative vote of the Class B member and one-haW (1/2) of the

OWileiS rA such lots who are Class A members of the Association who are in attendance (111 person or by proxy)at a

special meeting of the members of the Association, duly called and noticed.

 

M. Dale of 00111me11Ce1118111 of annual ass e 11n18111s; due dales. Except for the Owner 800 any owner of such  lot who is a builder rA the residential siJUctUnllhereon and does not occupy such  slructlre as his principal resider lOB, the annual assessment provided for herein shall commence on the first day of the month following conwyanoe of title to that lot to a third-party occupant.  The annual assessment for lots owned by the Owner, and any owner of suc:h lot who is a builder of the residential &lruclurelhereon and does not occupy sud! strudure as hisresider lOB, shal commence January

1, 2008.The boal!l of dirllclors shaH eslablsh the form and means of written nob of the annual assessment The Association shaH upon demand at any lime furnish a alltificate in writing signed by an cllicer rA1he Association selling forth whether annual and/or special assessments on a specified lot have been paid. The board of directors for the issuance of those alltificalas may make a I88SOII8ble chalge. Such Ollltificates shall be conclusive evidenceof payment rA any assessment therein stated to have been paid.

 

 

N. Effect of nonpayment of assessments;remedies of the association. Any assessments which are not paid on or before the wa date. as prescribed by the board rA directors of the Association In v.riling, shall be dallnquenl and shan

oonstilule a lien on the lot against which the assessment is made.  If the assessment is not paid on or bel”ore the due date,

1he assessment shaU bear interesttom the date of delinquency at the !life of e9J1een peroent (18%) per annum. The Association may take action against  the owner delinquent in the payment of assessments owed to the Association.  Such action may include, but is not limitedto,  demand letters; coi1ection letters tom an atklmey; actions to enbte alien filed

againsl1he OWIIel’s property; 800 other actions designated to obtain payment for financial obligation OWIId by an owner. In laking1hese actions, whether one or mons,the Association shall be entitled to collect the oosts  has incurred in elfclls to oblain payment from a delnquenl owner iltfuding, but not limited tl, reasonable allomey’s fees, whether related tllhe sending of collecllon letters,!ling of collection lawsuit, or otherwise, court rosts,lnleresl and suc:h other expenses as the Association reasonably Incurs In Its elrorts lo collecl delinquent assessmenls from an owner. No owner may waive or otherwise escape liability for1he assessments provided for herein by non-use of the common 8188 or abandonment rA his lot. Nolwilhslanding any provision herein to the conlrary, this paragraph N shall nol apply to the Owner.

 

0. Subonlinalion of the len to mortgages. The lien of the 8SSilSSII18I1ls proviled b”herein shal be suboldinate to the lien of any mortgage now or hereafter placed upon any lot subject1D assessment; proviled, however,that such subordination shaH apply only to the assessments or insblllments lhet8of which have beoome due and payable prior to the sale of such lot ptnUant1D a forecloslf8 ci such mortgage or transfer or corweyance in lieu of such foreclosunl. Such

sale pwsuant to such foreclosu111 or such transfer or oonl’l!yance in lieu of such loredosure shall not reliew such lot from liabiliy for any assessments or insfaHmenls !hereof lhe!ealler becoming due or from the Hen of any such  subsequent assessments or installments.

 

P. Exempt property. The following properly subjeci1D this declaration shall be exempt from the assessments aaated helein:(a) apl roperties or intelesls therein dedicated to and axeptable by a local governmental body or public authority or conwyed to a public utilly; provided, however, in the event ci the dedication of an easement1D a local governmental body, public authority, or public utHity, the undertying seiVient estate shaft not be exempt from assessment; and (b) the common area.

 

Section VI. Trinity CIMk  H And AI Trinity CrMk Additions

 

Owner is also the owner of property located within the Sou1hwest Quarter (SW14t  Section 26, Township 19 North, Ran6e 14

East the Indian Base and Meridian, in the City of Tulsa, Tulsa County, Slate of Oklahoma (the “Property”) in addition to

Trillty Craaek and The Cottages at Trinity Creek. Owner Inlands to develop the Property as additional phases of Trinity Craak in the future. If Owner does proceed toPlat the additional Property for residential daYelopmenl, Owner reserves the right to include an of the lots aeatad in the additional Property Plat in and to the l8nns and subject the same to the banafits and obligations of all lot owners set forttl in this Oeclaration and the Dead of Dedication of Trinity Cleek. AJ. such time as Owner files writlan documentation evidencing the inclusion of the additional Property into the terms and condftiol1s of this Dedalation and the Dead of Declaration of Trinity Cleek, a1of the l8nns and concfllions of this dedalatioushall apply1o the addllilnll Property lois as those lois had bean platted at the same time as the Trinity Creek lots. Each owner of a lot in the additional Property shall have all the same rigllls and obligalions as a lolr:JNflef in Trinity Cl88k  under the terms and conditions of this Declaration and Deed of Dedication of Trinity Creek.

 

 

Section VII. Enforcement, Duration, Amendment and Sevenbillly

 

A. Enforoement

 

The restrictionshelein set forth are covenan1s to fill with the land and shall be binding upon the owner, its grantees, sw:assors and as&91s- Wdhin the pnMsims of Sectionl S1nlB!sa, nd Ullilies, n set forth C8!1ain CIMII18I1Is and the en!oo:en181r’ igllls pertaining ll8l8kl and whBiher or not thelain so slaflld the cover&lls  within Section I shal inln to the benefit of and be alforoeable by the Cky of T!Ma, Oklahoma. The awenants 001llained in Section II, Planned Uril Development Resn:lions, are establshed ptiSUIIIt to the plaMed unit de\ alapcuent provisions of the Tulsa Zoning Code and shal ilu111 to the benefit of and be enbt:eableby the owners of tJirj lot or pan;el within The Cdlages at Trinity Creek and &hal inure to the benefll of and be a lfolalable by the City of Tulsa, Oldahoma. If the Uhdaslgl1811 owner, or ils IJial1lies. suoc e 11cos or assijjl”ls, shall violallll tJirj of the CIMII18I1Is wilhin Section I, the S14J1111er of Idly saMce or the City of Tulsa, Oklahoma may bring an action at laW or in eqlity agailsl the peiSOII or parsons violating or alt8mpting to violal8 any such CXMinll”d, to priMII1Ihim or them from so doing or to compelwifh the covenant or to lliC0¥8I’ c8nages. The IXl’llll1lll1ls ooolained in Sdan Ill, PtMIIe Resblttions, Section IV, Additional Rastrittions,  and Section V, IAssociation, shal inure only to the

benefit of!he owners of the residential lois and the members of the Trinity Cl8el<Assodalb1.1flhe

undelsi!Jied awner, or ils gnviees.suetBSslliS or assigns,shall violale any of the covenanls  willin Seclilnlll, IV or V,

it shall be lawfiA for tJirj peiSOII owning any lot orpan:el within The Collages at Trinily Cleek Of the Assodatiol•lo tmg an action a!law or in equity against the parson  or parsons violating or atlemptiiiglo violale any such CO’II!Illlnls,to

pnwent him or!hem from so doing or to compel complianre with the covenant or to recover damages.

 

 

 

 

 

 

 

; s

 

B. Duration

These18S1Jidious, _,the extent permited  by applicable law, shall be perpetual but in any event shall be in force and e1rec1for a tenn of not less than lllirty (30) years from the dale or the racooling of this deed of dedication unless lelminated or amended as hereinafter provided.

 

C. Amendment

 

The COY8I18Ids contained within Section I, Streets, Easements and Utilities, may be lllllllllded or teuninaled at any time by writl8tl inslnJment signed and admowtedged by the owner of the lot or partel  to which the BfJRIIidJnent or lenninalkJn is to be applicable and applliY8d by the Tulsa Mebopolilan Area Planning Commission, or ils successors and the City of Tulsa, Oklahoma

 

The covenants contained wilhin Section II, Planned Unit Development RestridiJJJS. may be amended or tanninated at any line by a wriltlllllnslrumenlsiiJ18d andacfloowledged by lhe owner or the lot or parcel to which the amendment or lemination is to be applicable and approved by the Tulsa Metropolitan Area Planning Commission. or its successors.

 

The covenants contained Ylilhin Section Ill, Private Restrictions, Section IV, Additional RBslrictioiJS, arxl Section V, HomeolmeB Association.may be lllll8llded or lllnninaiBd at 111Ff lime bya wrillen instrument signed and acknowledged by Trinity Creek Development, Inc., duri1g 9Udl period thai Trinity Cleek Development, Inc. is the owner of at least 2 JeSidellliallots within The Collages at Trility Creek or altemafively, the covenants contained  wlllrin

Sedions lll, IV and V may be amended or tsnninaled at any tine by a Wllll8n instJumenl signed and lc:knouJiegad by

the owners of1110111 than 75% of the n!Sidenliallols within The Collages at Trinity Creek.  In the event of any c;ontlict

‘*-n an ameoidment or 18mli1Jalion properly executed by Trinity Cleek Oewlopment. Inc. (d!Jing its of

at least 2 residential lois), and any amecidmelor termination p!q)8lly ex8CIDd by the  owners of 75% of the

residential lois Ytilhin The Collages at Tmity Creek, the inslnJment exewled by Trinity Creek Developmetll, Inc.shall

prevail during the lime that Trinity Creek Development, Inc. owns at least 2 residential lots.  The provisions of any

instrument amendng or terminating covenants as above set forth shall be ellediw from and aller the dateis

properly recorded.

 

D. Severabiily

lnval«laaion of 111Ff msmction set lor1h henlin, or any part themof, by an order, judgment, or deaee rA any OOIJt, or

,

. .

remain in fuK force and effect.

 

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