Covenants

Regardless of whether you own or rent in Wolf Creek, you are obligated to honor BA City Code requirements and the Wolf Creek Covenants. Information concerning City Codes can be found on the City Code/Contact link from this web page. Wolf Creek Covenants have been summarized below.

 Wolf Creek Estates Covenants Summary

. . . For the purposes of providing an orderly development of the above described real property and for the further purposes of providing adequate restrictive covenants for the mutual benefit of itself and its successors in title to all lots situated within said WOLF CREEK ESTATES Addition, the undersigned WOLF CREEK ESTATES, a partnership, does hereby impose the following restrictions, protective covenants and reservations and does hereby create the following easements to which it shall be incumbent upon its successors in title to all of said lots and any interest therein to adhere:

A. All lots in the Addition shall be known, described and used as residential lots, and no structure exceeding two (2) stories in height shall be erected, altered, placed or permitted to remain on any lot within this Addition. All residential dwellings must have a private garage, providing space for not less than two (2) cars, such garage to be attached to the residence. No structure shall be erected, altered, placed or permitted to remain on any lot within this Addition other than one detached single family dwelling.

B. No building or parts thereof; except open porches and terraces shall be constructed and maintained on any lot in this Addition nearer to the front or side street lot lines than the building lines established on the recorded plat of said Addition. No building shall be erected or maintained nearer to the front or side street lines than the building set back lines shown on the attached plat nor nearer than (5) feet to any interior lot line. All garages, servant quarters, tool sheds, hobby rooms, etc., shall be attached to the residential dwelìing.

C. The exterior of all structures erected on any Iot in this Addition shall be constructed of not less than fifty percent (50%) brick, stone or stucco. Exterior walls shall be so constructed that no concrete stem wall will be exposed to view.

D. Self-seal composition shingles will be permitted on roofs, as long as they are not less than 235#. No roof pitch shall be lower than 2-1/2-12 on any structure erected on any lot, unless architectural design of such structure designates a mansard roof.

E. No one-Story residential dwelling shall be erected on any lot in this Addition which has less than One Thousand Seven Hundred (1700) square feet in area, exclusive of garage, basement, and open porches. No two-story or one and one-haîf story residential dwelling shall be erected on any lot in this Addition which has less than One Thousand (1000) square feet in area on the ground floor, exclusive of garage, basement, and open porches, nor less than Seven Hundred (700) square feet in area on the second floor, exclusive of open porches or balconies.

F. No noxious or offensive trade or activity shall be carried out upon any lot in this Addition nor shall anything be done thereon which may be or become an annoyance or nuisance in the neighborhood. No animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot, except that dogs or cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial use.

G. No trailer, basement, tent, shack, garage, barn or outbuilding erected or placed in this Addition shall at any time be used as a residence, temporarily or permanently. No structure may be occupied temporarily or permanently as a dwelling on any lot in this Addition until construction of said structure has been fully completed.

H. All residential structures located on the following lots will be required to have piered footings to the appropriate depth deemed necessary: Lot 6, Block 1; Lot 1, Block 2; Lots 6-10, Block 3; Lots 4-8, Block 4; Lots 7-11, Block 5; Lots 5-19, Block 6; Lots 1-3, Block 7; Lots 1-12, Block 9.

I. No structure previously used or erected shall be moved onto any lot in this Addition.

J. No fence, whether ornamental or otherwise, shall be erected nearer to the front lot line than the 25-ft building line or nearer to the side street lot line than the side street building line, shown on the recorded plat, EXCEPT that the undersigned WOLF CREEK ESTATES, a partnership, or its successor may erect a fence along all or any portion of the Easterly boundary of this Addition.

K. Automobiles, Boats and Trailers: Except as expressly hereinafìer provided, no lot or parcel shall be used as a parking, display or accommodation area for any type of motor vehicle., host trailer, camper or motor-driven cycle. The purpose of parking, display or accommodation area is to store, or to perform any activity thereon such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting, servicing of any kind, or storage, except as hereinafter provided. Such storage or activities may be performed within completely enclosed garages or other structures located on the lot which screen the sight and sound of the activities from the street and adjoining property in such a manner as to have the storage or activity out of public view. The foregoing restrictions shall not be deemed to prevent the washing or polishing of such motor vehicles, boats, trailers, campers or motor-driven cycles, together with those activities normally incident or necessary to such washing and polishing. No boat, trailer, camper, truck or commercial vehicles shall be parked at any time on or in front of any lot in an area visible from neighboring lots or any public street, except as such parking is necessary to make commercial deliveries. All such motor vehicles, boats, trailers, campers or motor-driven cycles which are stored or parked on any lot or parcel, and which are not stored or parked in completely enclosed garage or other structure may be stored or parked on a side lot area and screened from public view either by an adequate type of six-foot fencing or by landscaping; provided, however, in no event shall such storage or parking be beyond the front building line of the said lot or parcel.

L. Sidewalks, four feet wide, shall be constructed along the street side of all lots.

M. In connection with the installation of underground electric services, all lots in this Addition are subject to the following provisions, which are enforceable by Public Service and General Telephone Company, to-wit:

1. Overhead pole lines for the supply of electric or telephone service may be located along the North, South, and East boundaries of this Addition. Street light poles or standards may be served by underground cable and elsewhere throughout said Addition all supply lines shall be located underground, in the easement-ways reserved for general services and streets, shown on the attached plat. Service pedestals and transformers, as source of supply at secondary voltages, may also be located in said easement-ways.

2. Except to houses on lots described in paragraph 1, above, which may be located on 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 houses as may be located upon each said lot; provided that upon the installation of such a service cable to a particular house, the supplier of electric service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right-of-way easement on said lot, covering a five-foot strip extending 2.5 feet on each side of such service cable, extending from the service pedestal or transformer to the service entrance on said house.

3. The supplier of electric or telephone service, through its proper agents and employees, shall at all times have right of access to and upon all such easement-ways shown on said plat, or provided for in this Deed of Dedication for the purpose of’ installing, maintaining, removing or replacing any portion of said underground electric facilities so installed by it.

4. The Owner of each lot shall be responsible for the protection of the underground electric or telephone facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said electrical facilities. The Company will he responsible for ordinary maintenance of underground electric and telephone 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.

5. The foregoing covenants concerning underground electric and telephone facilities shall be enforceable by the supplier of electric service, and the owner of each lot agrees to be bound hereby.

6. DRAINAGE EASEMENTS: No trees, 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 the area shall be the responsibility of the lot owner except that the City of’ Broken Arrow, Oklahoma, their employees or agents, at their discretion, have the right to enter upon said easement for the purpose of improving and for maintaining the same.

Construction of fences within said easements will not be permitted.

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 persons claiming under them until April l, 2001, at which time said restrictions and protective covenants shall be automatically extended for successive periods of ten (10) years each; provided, however, that after April l, 2001, 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 him, her, their or its heirs, legal and personal representatives, grantees, successors or assigns shall violate any of the restrictions and protective covenants herein, it shall be lawful for any person or persons or legal entity owning 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 threatening to violate any such restrictions or protective covenants and either prevent his, 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.

Invalìdation of any one of the within and foregoing restrictions or protective covenants by final judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.