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Oakwood | Hickory | Remington | Knickerbocker | Cloudcrest | Duplexes | Russell | Oaktree Pointe | Roundtree West Saddleback | East Saddleback | Block 17 | South Saddleback | Summer Tree | Block 26 |
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BLOCK 26 Known All Men by These Presents: That Concept Builders 1987, Inc., is the owner in fee simple of the following described real property, situated in the City of Tulsa, Osage County, State of Oklahoma, to-wit: A tract of land containing 3.4285 acres, that is part of the N/2 of the SE/4 of Section 27, Township 20 N, Range 12 E, Osage County, Oklahoma, said tract of land being described as follows, to-wit: starting at the Southwest corner of the N/2 of the SE/4 of said Section 27; thence North 00°24'06" East along the Westerly line of the N/2 of the SE/4 for 485.76 feet; thence South 89°35'54" East for 30.00 feet to the "Point of Beginning" of said tract of land; thence continuing South 89°35'54" East for 70.00 feet; thence South 65°38'38"East for 189.93 feet; thence South 88°48'01" East for 325.25 feet; thence South 64°34'06" East for 172.23 feet; thence South 84°18'00" East for 374.22 feet; thence North 82°16'35" East for 128.85 feet to the Southwest corner of Lot 6 in Block 21 of "Gilcrease Hills Village", a subdivision of part of the E/2 of Section 27, Township 20 N, Range 12 E, Osage County, Oklahoma; thence North 19°41'19" West along the Westerly line of Lot 6 for 115.41 feet to the Northwest corner of Lot 6; thence South 74°31'35" West for a 0.00 feet to a point of curve; thence Southwesterly, Westerly, and Northwesterly along the Southerly right-of-way line of West Queen Street on a curve to the right, with a central angle of 21°10'25" and a radius of 210.00 feet, for 77.61 feet to a point of Tangency; thence North 84°18'00" West along said right-of-way line on said Tangency for 289.00 feet to a point of curve; thence Northwesterly along said right-of-way line on a curve to the right, with a central angle of 19°43'54" and a radius of 370.00 feet for 127.42 feet to a point of Tangency; North 64°34'06" West along said right-of-way line on said Tangency for 43.90 feet to a point of curve; thence Northwesterly and Westerly along said right-of-way line on a curve to the left, with a central angle of 24°13'55" and a radius of 325.50 feet, for 137.66 feet to a point of Tangency; thence North 88°48'01" West along said right-of-way on said Tangency for 231.30 feet to a point of curve; thence Westerly and Northwesterly along said right-of-way line on a curve to the right, with a central angle of 55°14'57" and a radius of 178.00 feet, for 171.64 feet to the Southeast corner of Lot 12 in Block 24 of said "Gilcrease Hills Village II"; thence North 89°35'54" West along the Southerly line of Lot 12, for 150.35 feet to the Southwest corner of Lot 12; thence South 00°24'06" West and parallel to the Westerly line of the N/2 of the SE/4 of said Section 27 for 121.76 feet to the "Point of Beginning" of said tract of land. That Concept Builders 1987, Inc., hereinafter referred to as the "Owner" has caused the above described real property to be surveyed, platted, and subdivided into 16 lots and 1 block, in conformity with the accompanying plat and has designated the same as "Block 26, Gilcrease Hills Village II", an addition to the City of Tulsa, Osage County, Oklahoma. SECTION 1. STREET AND UTILITY EASEMENTS Now, therefore, the owner does hereby dedicate for public use the streets as shown on the accompanying plat and does further dedicate for public use the easements and the rights-of-way as shown and designated on said plat for the several purposes of constructing, maintaining, operating, repairing, removing or replacing any and all public utilities, including storm and sanitary sewers, telephone line, power lines and transformers, gas lines, water line and cable telephone line. Together with all fittings and equipment for each of such facilities, including the poles, wires, conduits, pipes, valves, meters and any other appurtenances thereto, and private underground oil and gas gathering systems and power sources to serve such systems and related oil and gas wells and other installations whether or not such operations and productions be wholly withing the subdivision, with right of ingress and egress to and upon said easements and the rights-of way for the uses and purposes aforesaid; provided, however, that the owner hereby reserves the right to construct any and all such utilities and systems and to maintain, operate, repair, remove or replace any and all such utilities and systems so constructed by owner, and to authorize the construction, operation and maintenance of any and all such utilities and systems, together with the right of ingress and egress therefore over, across and along all of the public streets 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 said utilities and systems to the subdivision and to any other area. The owner agrees that no building, structure or other above below ground obstruction that will interfere with the (easement) purposes aforesaid, will be placed, erected, installed or permitted upon the easement or rights-of-way as shown on said plat. Furthermore, the owner, for the purpose of providing an orderly development of the property above described (hereinafter referred to as "Block 26, Gilcrease Hills Village II"), and for the purpose of insuring adequate restrictions for the mutual benefit of the undersigned owner, its successors, grantees and assigns, does hereby impose the following restrictions and covenants, which shall be covenants running with the land and which shall be enforceable by the owners of the lots within "Block 26, Gilcrease Hills Village II": 1.1 Water and Sanitary Sewer Service In connection with the provisions for water and sanitary sewer services, all of the lots in "Block 26, Gilcrease Hills Village II" are subject to the following covenants and restrictions, to-wit: 1.1.1 The owner of any lot shall be responsible for the protection of the public water mains and of the public sanitary sewer facilities located on his lot and shall prevent the alteration of grade within the easement areas in excess of three feet (3') from the original contours or any construction activity which may interfere with such public water, mains and/or public sanitary sewer facilities. 1.1.2 The City of Tulsa, Oklahoma or its successors will be responsible for ordinary maintenance of public water mains and sanitary sewer facilities, but the owner of any lot will pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors. 1.1.3 The City of Tulsa, Oklahoma or its successors through its proper agents and employees shall at all times have the right of access with their equipment to all such easement ways shown on the plat, or provided for in this certificate of dedication for the purpose of installing, maintaining, removing or replacing all or any portion of such underground water and sewer facilities. 1.1.4 The foregoing covenants and restrictions concerning water and sewer facilities shall be enforceable by the City of Tulsa, Oklahoma, or its successor and the owners of each of the lots shall be bound thereby. 1.2 Gas Service 1.2.1 The suppliers of gas service through their proper agents and employees shall at all time 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 facilities so installed by them. 1.2.2 The owners shall be responsible for the protection of the underground gas facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said facilities, the companies will be responsible for ordinary maintenance of the underground facilities, but the owners will pay for damage or relocation of such facilities caused or necessitated by acts of the owners or their agents or contractors. 1.2.3 The foregoing covenants concerning underground gas facilities shall be enforceable by the suppliers of said services and the owner agrees to be bound hereby. 1.3 Electric, Telephone and Cable Television In connection with the provisions for underground eclectic, telephone, and cable television services, all of the lots in "Block 26, Gilcrease Hills Village II" are subject to the following covenants and restrictions, to-wit: 1.3.1 Overhead pole lines for the supply of electric, telephone and cable television may be located along the perimeter of said addition in the utility easement areas or street right-of-way. Street light poles and standards may be served by underground cable and elsewhere throughout "Block 26, Gilcrease Hills Village II" all service supply lines shall be located underground in the easement ways reserved for general utility services and in the streets shown on the attached plat. Services pedestals and transformers, as sources of supply at secondary voltages, may also be located in such easement ways. 1.3.2 Except to houses on lots described in paragraph (1.3.1) above, which may be served from overhead electric, telephone and cable television lines and/or cables underground primary and/or service lines and cables to houses which may be located on any lot in "Block 26, Gilcrease Hills Village II" may be run from the nearest service pedestal or transformer to the point of usage determined by the location and construction of such house as may be located upon each such lot; provided that, upon installation of such a primary and/or service line or cable to a particular house, the supplier of such service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right-of-way easement of such lot, covering a five foot strip extending 2.5 feet on each side of such primary and/or service line or cable, extending from the service pedestal or transformer to the entrance at such house. 1.3.3 The owner of each lot shall be responsible for the protection of the underground service facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with such service facilities. The various utility or service companies will be responsible for ordinary maintenance of their respective underground facilities, but the owner of any lot will pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors. 1.3.4 The suppliers of such services, through their proper agents and employees, shall at all time have the right of access to and upon all such easement ways shown on the plat or provided for in this deed of dedication for the purpose of installing, maintaining, removing or replacing any portion of such underground facilities so installed by them. 1.3.5 The foregoing covenants and restrictions concerning underground service facilities shall be enforceable by the respective suppliers of such services and the owners of each of the lots shall be bound thereby. 1.4 Landscape/Pavement The owner shall be responsible for the repair and replacement of any damaged landscaping and paving located within the depicted easement areas, in the event it is necessary to repair any underground water or sewer mains, electric, natural gas, communication or telephone services provided, however, the City of Tulsa or the owners of said utilities or their successor, shall use reasonable care in performance of such activities. 1.5 Limits of No Access 1.5.1 The grantors hereby relinquish right of ingress and egress to the above describe property withing the bounds designated as "Limits of no access" (LNA) except as may hereafter be released, altered or amended by the City of Tulsa or its successors or as otherwise provided by the statues and laws of the State of Oklahoma pertaining thereto. SECTION II. PRIVATE DEVELOPMENT RESTRICTIONS For the purpose of providing an orderly development of the subdivision and for the further purpose of providing adequate restrictive covenants for the mutual benefit of the grantor and its successors in title (Hereinafter called "Owner" or "Owners") to those parts of the subdivision numbered on said plat (Hereinafter called "Lots"), grantor does hereby impose the following restrictions and reservations and create the following easements to which it shall be incumbent upon owners to adhere, to-wit: Reserve A. Reserve A is hereby set aside for future residential development and is subject to the same deed restrictions and covenants as outlined herein, Reserve "A" is also set aside to proved access to the oil well and systems as referenced in Section One. This property will be lot split or resbudivided in the future into residential lots. (B) Any such entry shall be made only at reasonable times and with as little inconvenience as possible to the owner of the entered lot: and (C) By no event shall said easement be deemed to permit entry into the interior portions of any residence. Automobiles, Boats and Recreational Vehicles. Except as expressly hereinafter provided, no boats, recreational vehicles, campers or trailers shall be parked upon or in front of any lot in a location visible from or within public view. The foregoing restriction shall not be deemed to prevent the washing or polishing of such boasts, recreational vehicles, camper and trailers. Except as expressly hereinafter provided, no boats, automobiles, trailers or motor-driven vehicles or any kind shall be stored, repaired, rebuilt, dismantled or repainted upon any lot in an area visible from neighboring property or in public view. Such storage or activity may be performed within garages located on the lot which screen the sight and sound of the activities from neighboring property or from the street. The foregoing restriction shall not be deemed to prevent the ordinary parking of automobiles in garages, carports or driveways. No commercial vehicles shall be parked at any time on or in front of any lot in an area viable from neighboring property or in public view, except as such parking is necessary to make commercial pickup and deliveries. 3.1 The covenants and restrictions set forth herein shall be covenants which shall run with the land and which shall be binding upon and enforceable by the undersigned owner, the Association, its successors, grantees and assigns and by the beneficiaries of the covenants set forth in Section 1 hereof with respect to such covenants only and the City of Tulsa, Oklahoma and for a term or period of twenty (20) years from this date and such restrictions shall be automatically extended thereafter for successive periods of ten (10) years each, unless the owners of three-fourths (3/4) of the land within "Block 26, Gilcrease Hills Village II", and the City of Tulsa, Oklahoma agree in writing to terminate such covenants in whole or in part; provided, however, such covenants and restrictions may be amended or modified at any time by a written agreement of the owners of three-fourths (3/4) of the land withing "Block 27, Gilcrease Hills Village II" approved by the City of Tulsa, Oklahoma. 3.2 In the event the undersigned owner or any of it’s successors, grantees, lessees or assigns or any person claiming under the, shall violate or breach any of the covenants and restrictions set forth herein or imposed hereby, any person or persons owning a lot or parcel within "Block 26, Gilcrease Hills Village II", the beneficiaries of the covenants as set forth in Section 3.1 hereof with respect to such covenants only, or the City of Tulsa, Oklahoma shall have the right to maintain an action at law or in equity against the person or persons attempting to violate any such covenants and restrictions, to prevent such violation or to recover damages for the violation thereof, invalidation of any of the covenants or restrictions set forth herein by judgement or other actions shall not affect the validity of the remaining covenants and restrictions, which shall remain in full force and effect and be thereafter construed as if such invalidated covenant or restriction were not herein contained, the failure of the undersigned owner or any successor(s) in title to the property within "Block 26, Gilcrease Hills Village II" to enforce any given restriction or covenant or condition 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. In witness whereof, the owner has executed this deed of dedication on this 7th Day of April , 19 98 . ATTEST BY: Laura E. Powell BY: Toby Powell Secretary Toby Powell STATE OF OKLAHOMA) COUNTY OF TULSA ) Before me, The undersigned, a Notary Public, in and for said County and States on this 7th Day of April , 19 98 , personally appeared Toby Powell, to me known to be the identical one who subscribed the name of TPO, Inc., an Oklahoma Corporation, to the foregoing instrument as its Vice President and acknowledged to me that he executed the same as his free and voluntary act and deed of such Corporation for the uses and purposes therein set forth. Witness my hand and official seal the day and year last above written. 3/22/2001 Neely S. Shaw My Commission Expires: Notary Public CERTIFICATE OF SURVEY We, Bresich & Associates, an Oklahoma Corporation do hereby certify that we have carefully and accurately surveyed, staked and platted the tract of land described above and that eh accompanying plat of the above designated "Block 26, Gilcrease Hills Village II", an addition to the City of Tulsa, Osage County, Oklahoma, is a true representation os said survey, Date this 4th Day of April , 19 98 . By: W. B. Bresich W. B. Bresich, R.L.S. STATE OF OKLAHOMA) COUNTY OF TULSA ) Before me, the undersigned, a notary public, in and for said county and states, on this 7th Day of April , 19 98 , personally appeared W. B. Bresich, to me known to be the identical one who subscribed the name of Bresich & Associates, to the foregoing certificate 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 such corporation for the uses and purposes therein set forth. Witness my hand and official seal the day and year last above written. 10-28-98 Susan K. Edridge My Commission Expires: Notary Public COUNTY TREASURERS’S CERTIFICATE I, Joyce Hathcoat , do hereby certify that I am the duly elected, qualified, and acting County Treasurer of Osage County, State of Oklahoma that the tax record of said county show all taxes are paid for the year 1998 and prior years on the land shown on the annexed plat of BLOCK-26 GILCREASE HILLS II VILLAGE in Osage County, Oklahoma that the required statutary security has been deopoited in the office of the County Tresurer. In wittness whereof, said County Treasurer has caused the instrument to be evecuted of Pawhuska, Oklahoma on the 22nd day of APRIL 1998. Joyce Hatchcoat by Sally Huls County Treasurer, Osage County, Oklahoma |
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