| (5)
The foregoing covenants concerning underground electric,
telephone, natural
gas, and cable facilities shall be enforceable by the supplier of the service, and
the owner of each lot agrees to be bound hereby.
(6) No trees, hedges, shrubs or seedlings of any form shall be
planted in the drainage
easements except certain grasses normally used for lawn purposes. No
obstructions shall be placed or permitted to remain in any of the designated
drainage easements that would hinder or restrict the free and voluntary flow of
stream water from its intended passageway.
Maintenance of this area
shall be the responsibility of the Lot owner except that the City of
Broken Arrow, their employees or agents, at their discretion, have the
right to enter upon said easement for the purpose of improving and/or maintaining the
same. There will be no compensation to the lot owners for such action.
Construction
of fences within said easements will not be permitted.
M. Mandatory
Membership. All lot owners in this Addition shall be subject to mandatory
membership in the Turtle Creek Homeowners Association, an Oklahoma corporation,
and shall be bound by the Certificate of Incorporation and Bylaws of Turtle Creek
Homeowners Association, including the payment of mandatory annual dues established
by said Turtle Creek Homeowners Association. Turtle Creek Homeowners Association
and/or any individual property owner may exercise any and all appropriate legal or
equitable remedies against the real property of any person failing to pay the mandatory
dues each year, and can maintain a suit in the District Court of Tulsa County for the
purpose of collection of those mandatory dues. The prevailing party in any such
lawsuit
shall be entitled to their costs of action, including a reasonable attorney's fee.
N.
Directors Duties. The directors may take such action, as approved
by a two-thirds vote,
to enforce these restrictive covenants and maintain the overall Addition appearance.
The above described restrictions and
protective covenants, and each of them, are to run with the
land and shall be binding on all parties and all persons claiming under
them until August 1, 2026, at
which time said restrictions and protective covenants shall be
automatically extended for successive
period of ten(10) years each. PROVIDED, HOWEVER, after August 1,
2026, the then owners of a
majority of all lots in the Addition may amend, modify or vacate said
restrictions and protective
covenants either in whole or in part, which amendment, modification or
vacation shall be evidenced by a recordable instrument in writing signed by the then owners
of a majority of all lots in this Addition and duly filed for record in the Office of the
County Clerk of Tulsa County, Oklahoma.
If any
present or future owner or occupant of any lot in this Addition or his, her, their or its
heirs,
legal and personal representatives, grantees, successors or assigns
shall violate or attempt or threaten to violate any of the restrictions and
protective covenants herein, it shall be lawful for any person or
Page 5 of 8
persons or legal entity owning any interest in any real property
situated in this Addition to prosecute any proceedings at law or in equity against the
person or persons or legal entity violating or attempting or threatening to violate any
such restrictions or protective covenants and either prevent him, her, them or it from so
doing or to secure damages or other dues for each and every such violation or both.
Each successful party in the prosecution or defense of any such litigation shall be
entitled to reasonable attorney's fees for the prosecution or defense of such litigation,
said fees to be established and awarded by the court having jurisdiction over said
litigation.
Invalidation of any one of
the within and foregoing restrictions or protective covenants by final
judgement or court order shall in no wise effect any of the other
provisions which shall remain in full
force and effect.
The
undersigned TURTLE CREEK DEVELOPMENT CORPORATION, an Oklahoma
corporation, hereby 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, cable television,
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 and egress to and upon said easements and rights-of-way for the uses and
purposes aforesaid together with similar rights in any and all of the streets shown on
said plat. PROVIDED, HOWEVER, that the undersigned, TURTLE CREEK DEVELOPMENT, an
Oklahoma corporation, hereby reserves unto itself or its successor, the right to
construct, maintain, operate, lay and relay water lines and sewer lines, together with the
right of ingress and egress for said construction, maintenance, operation, laying and
relaying over, across and along all strips of land included within the easements shown
therein, both for the purpose of furnishing water and/or sewer service to the area
included in said plat and/or to any other areas.
The undersigned hereby certifies that:
(1) He is duly elected and acting president of Turtle Creek Home
Owners Association,
Inc., a nonprofit corporation
duly organized and existing under the laws of the State
of Oklahoma.
(2) The foregoing Covenants, comprising five (5) pages,
constitute the Covenants of the
Turtle Creek Home Owners Association, Inc., as modified by its members, and duly
adopted at the meeting of the Board of Directors held on January 23, 2001.
(3) Appendix A, containing information from the original
filing of the Turtle Creek
Covenants has, been appended to this document to indicate the original date of filing,
proper
payment of taxes, and approval of the Turtle Creek Development plat. By its
inclusion
in this document, it is deemed to retain the full force and validity as in the
original
filed document.
Page 6 of 8
IN WITNESS WHEREOF, the undersigned has hereto subscribed his name
and affixed the seal of the Turtle Creek Home Owners
Association, Inc., on the_________4th__________day of________April______,2001.
_______Art Jiles______________________________________
President
_________________________________________________
Secretary
Appendix A
This Certificate of Dedication, Bill of Assurance and Easement
Grant shall be binding upon the
undersigned, its successors and assigns, and upon all future owners of
any interest in any lot within said Addition.
IN WITNESS THEREOF, the undersigned,
TURTLE CREEK DEVELOPMENT
CORPORATION, an Oklahoma corporation, has caused this Certificate of
Dedication, Bill of
Assurance and Easement Grant to be duly executed by its President and
attested by its Secretary and its seal affixed hereto this 7th day of October 1976.
ATTEST:
TURTLE CREEK DEVELOPMENT
Sam F. Hollinger
CORPORATION, an Oklahoma
Secretary
Corporation
(CORPORATE SEAL)
by Dale Fousel, President
STATE OF OKLAHOMA )
COUNTY OF TULSA ) SS
Before me the undersigned, a Notary
public, in and for said County and State, on this 7th day
of October 1976, personally appeared Dale Fousel to me known to be the
identical person who
subscribed the name of the maker thereof to the foregoing instrument
as its President and acknowledged
to me that he executed the same as his free and voluntary act and deed
and as the free and voluntary act
and deed of TURTLE CREEK DEVELOPMENT CORPORATION, an Oklahoma
corporation, for the
uses and purposes therein set forth.
CERTIFICATE OF SURVEY
Page 7 of 8
We, K. N. COX & ASSOCIATES, ENGINEERS of Tulsa, Oklahoma
hereby certify that we have, at
the instance of the OWNER designated above, made the above described
survey, and the the
accompanying plat is a true and correct representation of said survey.
Signed and sealed this 7th day of October 1976.
K. N. COX & ASSOCIATES, ENGINEERS
By Jack C. Cox
SEAL
Registered Land Surveyor
STATE OF OKLAHOMA)
COUNTY OF TULSA ) SS
Before me, the undersigned, a
Notary Public in and for County and State, on this 7th day of
October 1976 personally appeared JACK C. COX, to me known to be the
identical person who executed
the within and foregoing instrument and acknowledged to me that he
executed the same of his free and
voluntary act and deed and as the free and voluntary act and deed of
K. N. Cox & Associates for the uses
and purposes therein set forth.
My commission expires: 3-26-77
Donna Diane Zulpo
(SEAL)
Notary public
CERTIFICATE
As provided in Title 11, Chapter 13, Section 514 of the Oklahoma
Statutes, I hereby certify that as to
all real estate taxes involved in this plat, all such taxes have been
paid as reflected by the current tax
rolls and security as required by said Section 514, has been provided
in the amount of $177.50 per trust
receipt no. 346 to be applied to 1976 taxes not as yet certified to
me.
This certification is NOT to be construed as payment of 1976
taxes in full but is given in order that this
plat may be filed of record. 1976 taxes could exceed the amount
of the security deposit.
Dated Oct. 20, 1976
John F. Cantrell
Tulsa County Treasurer
By Donna Finch, Deputy
CERTIFICATE OF APPROVAL
I hereby certify that this Plat was approved by the Broken
Arrow Planning Commission on 8-12-76.
Jim Whitlock,
Secretary
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