McBirney Mansion Easement

TULSA PRESERVATON COMMISSION
STAFF REPORT
Tuesday, February 23, 2016
McBirney Mansion Easement
EASEMENT: McBIRNEY MANSION
PROPERTY ADDRESS: 1414 SOUTH GALVESTON AVENUE
APPLICANTS: WENDY P. AND GENTNER F. DRUMMOND
REPRESENTATIVE: CHAD OSGOOD
A. CASE ITEMS FOR CONSIDERATION
1. Combine two existing ponds and a basin into a single new pond according to Site Plan
and Sections submitted
2. Construct new retaining wall using native stone according to Site Plan, Sections, and
Elevation submitted
B. BACKGROUND
DATE OF CONSTRUCTION: 1927-28
NATIONAL REGISTER LISTING: 1976
PREVIOUS ACTIONS: NOVEMBER 14, 2014 / MARCH 24, 2015 / OCTOBER 8, 2015/
DECEMBER 10, 2015
C. ISSUES AND CONSIDERATIONS
1. Combine two existing ponds and a basin into a single new pond according to Site Plan
and Sections submitted
2. Construct new retaining wall using native stone according to Site Plan, Sections, and
Elevation submitted
i. As outlined in Highgate General Contractors’ letter dated November 13, 2015,
the proposal for treatment of the ponds has been prompted by conditions on the
site and an intention to address issues raised by a notice to abate a nuisance.
According to the description in the letter, the liners for the two small ponds
display a significant amount of deterioration, and, although the liner in the large
pond is in “decent shape,” it requires attention. Sediment has collected in the
ponds and has been removed from the large pond to alleviate conditions which
created the nuisance—the flow of water over the sidewalk.
Page 1 of 2
The proposal seeks to address these conditions with these solutions—
• installation of a series of wells above the ponds to capture and divert
water from the spring during construction,
• excavation of the two small ponds and the basin and their combination
in a single new pond whose contour will match the contours of the ponds
and basin,
• construction of a new retaining wall with native stone between the new
pond and the large pond to prevent future erosion,
• replacement of the liner in the large pond, and
• connection of the wells below the surface of the site and diversion of the
water into the new pond.
The purposes of this system are
• the regulation of the flow of water from the spring,
• the use of this water for irrigation of the grounds,
• the reduction of the volume of water diverted into the sewer, and
• the prevention of the flow of water onto the sidewalks.
This proposal was reviewed and approved at the Regular Meeting of the COA
Subcommittee on December 3, 2015. Additional documentation, including a
section of the site, was requested. The proposal was reviewed and approved in
principle at the Regular Meeting of the Tulsa Preservation Commission on
December 10, 2015, with the condition that additional documentation, including
an elevation of the retaining wall, be submitted.
ii.
References: Deed of Scenic, Open Space, and Architectural Façade Easement
CLAUSE IV:
No extension of the existing structure or erection of additional structures shall be
permitted, except that in the event of damage resulting from casualty loss to an
extent rendering repair or reconstruction of the existing improvements impracticable, erection of a new professional office or residential structure shall be
permitted.
CLAUSE VII:
No topographical changes, including but not limited to excavation and the cutting
of trees greater than eight inches in diameter (except when dead or dangerously
decayed) shall occur upon the property. Replacement of existing trees as
required to maintain the existing topography may occur.
Page 2 of 2
TULSA PRESERVATION COMMISSION
COA SUBCOMMITTEE MEETING
Thursday, December 3, 2015, 11:00 AM
A. Opening Matters
Call to Order and Verification of Quorum
Disclosure of Conflicts of Interest
Chairman Neal called the COA Subcommittee Meeting to order at 11:01 AM
Members Present
Tom Neal (Chairman)
Mike Craddock
Jim Turner*
Sally Davies*
Katelyn Parker
Chip Atkins*
*Late
Staff Present
Jed Porter, Travis Hulse, Kristin Pack, Bob Edmiston*
Others Present
Chad Osgood, Wendy Drummond, Phil Marshall, Jerry Hall, Aaron Sprik, Martha
Phillips, Jennifer Lorch, Bill Powers, Jeffrey Hoos, Richard Dowell, Ken Klein
B. Actionable Items
1414 S. Galveston Ave. – McBirney Mansion Easement
Applicant: Chad Osgood for Wendy and Gentner Drummond
Requests:
1. Combine two existing ponds and basin into a single new pond
according to site plan submitted
2. Construct new retaining wall using native stone according to site plan
submitted
-1-
Discussion:
• In response to a question about the retaining wall, the applicant’s
representative, Chad Osgood, stated the proposed retaining wall would be drystack construction to retain earth between the proposed pond and existing
pond. Any exposed surface will be covered with vegetation. Mr. Osgood stated
there is a concrete vault and two small ponds, but erosion has filled in the
ponds, creating a cesspool filled with sediment. Over the years, erosion will
continue to fill in the ponds and be a problem. Mr. Osgood proposed shallow
wells connected to pumps, so the pumps can discharge clean spring water.
The proposed long-term plan is to connect the small wells together with an
electric pump to push water where it needs to go. Mr. Osgood stated after he
contacted four companies for alternative solutions to the ponds, the proposed
concept was the best solution. Before the clean-up process, the small ponds
wereindistinguishable, and they had no liners. There was four feet of sediment
in the larger pond, and the liner collapsed.
• The applicant, Wendy Drummond, stated she does not have a choice to fix the
problem due to the Notice to Abate a Nuisance, which she presented to the
COA Subcommittee, but she stated she has a duty to preserve the ponds
according to the easement.
• Commissioner Neal asked Mr. Osgood about the general purpose for the
application. Mr. Osgood stated it is the control of the amount of water
generated and its impact on City of Tulsa water. The spring generates 2-3
gallons of water a minute, and Mr. Osgood found water 20 feet higher than the
proposed water level, and 5 feet below the sanitary water level.
• Mr. Osgood stated at one time there might have been a lid on the concrete
vault, as it was the entrance to the spring, but it is full of sediment. Since the
pond is filling, the excess water runs onto South Houston Avenue. The intention
is not to use the overflow drain except for extreme amounts of rain and then to
pump the water back into the yard. After construction, some of the water flow
can be maintained through an electric pump and only used during the months
of July and August.
• Commissioner Neal asked for the applicant to provide a section drawing with
more detail and a rendering of the wall, showing its size and profile.
• COA Subcommittee Member Atkins mentioned a past application when the
McBirney Mansion was a bed-and-breakfast establishment where the ponds
would not be altered. Mr. Osgood stated he had heard about it, and the
previous owners used a stabilization mat, so the site could be used for parking
during events.
• Commissioner Turner asked if the review of the application is concurrent with
the review by the Oklahoma State Historic Preservation Office (SHPO). Mr.
Osgood stated they submitted the proposal to SHPO concurrently as requested
in previous meetings. Staff stated they have contacted SHPO about a
-2-
procedure for a joint review between the Tulsa Preservation Commission and
that agency.
• Mr. Osgood stated he had provided an indication of water levels on the ponds
and the overflow points and an indication of the area not covered by water.
Commissioner Craddock made a motion to recommend approval of the
application to the Preservation Commission with the condition the applicant
provides a section drawing. Subcommittee Member Davies seconded the
motion. The motion passed unanimously.
1740 S. Yorktown Ave. (Yorktown)
Applicant: Jeff Selco for Jennifer Lorch
Request:
1. Construct gable dormers with a six-over-one vinyl window, clapboard
siding, and asphalt shingles according to plans submitted.
Work started without a Certificate of Appropriateness
Discussion:
• Commissioner Craddock asked Staff if an application for a Building Permit had
been submitted. Staff replied that no application had been submitted.
• Ms. Lorch thanked the COA Subcommittee for the continuance, but her
husband could not attend, so she brought her contractor, Mr. Jeffrey Hoos.
• Commissioner Neal clarified the purpose of the application and added that
there was not a second floor originally, noting the purpose of the dormers was
to create a new space.
• Mr. Hoos stated the owners have applied for a Building Permit, but it will not be
granted until they receive a Certificate of Appropriateness from the
Preservation Commission. Commissioner Neal requested to see the Building
Permit drawings.
• The application was continued until the end of actionable items for the
applicant to provide a set of drawings.
After continuation:
• Mr. Hoos stated he is willing to redesign or change the size of the windows to
accommodate the minimum Residential Building Code requirements.
• COA Subcommittee Member Parker suggested the applicant switch the window
type on the north elevation from double-hung to casement and add exterior
muntins on all recently installed windows which currently have interior
muntins.
• Commissioner Neal noted the vent on the north elevation had also been
replaced with a large double-hung window.
-3-
TULSA PRESERVATION COMMISSION
REGULAR MEETING MINUTES
Thursday, December 10, 2015, 11:00 AM
City Hall @ One Technology Center, 175 East 2nd Street
10th Floor South Conference Room
A. Opening Matters
1. Call to Order and Verification of Quorum
Chairman Pounds called the Regular Meeting to order at 11:09 AM.
Members Present
David Pounds, Chair
Robert Shears, Vice-Chair
David Schoell, Secretary
Charles Sottong
Susan McKee
Tom Neal
Jim Turner
Mike Craddock
EX-OF Ted Reeds
Members Absent
John Snyder
EX-OF Pam Deatherage
Staff Present
Kristin Pack, Roy Malcolm Porter, Jr., Travis Hulse, Bob Edmiston
Others Present
Randall Shelley, Kristin Daffern, Jeff Hoos, Robert Cleaver, Stacey Bayles,
Chad Osgood, Martha Phillips, Joshua Schultz, Bill Powers, Al Triggs, David
Parsons
2. Approval of Minutes from November 24, 2015.
Commissioner Craddock made a motion to approve the minutes. Commissioner
Schoell seconded the motion. The motion was approved by majority.
1
Vote: 1603 S. Newport Ave. (N. Maple Ridge)
In Favor
1. Pounds
2. Shears
3. Schoell
4. Craddock
5. McKee
6. Neal
7. Sottong
8. Turner
Opposed
Abstaining
Not Present
Snyder
2. 1414 S. Galveston Ave. – McBirney Mansion Easement
Applicant: Chad Osgood for Wendy and Gentner Drummond
COA Subcommittee Review Date: December 3, 2015
Requests:
1. Combine two existing ponds and basin into a single new pond
according to site plan submitted
2. Construct new retaining wall using native stone according to site plan
submitted
Staff presented the application to the Commission, and the applicant’s
representative, Chad Osgood, was present. Staff stated the Oklahoma Historical
Society (OHS) has reviewed the three proposals including the flag pole, portecochère addition, and ponds. The Oklahoma Historical Society has approved the
flag pole and porte-cochère addition, but OHS asked for more documentation for
the proposal of the ponds and will rely on the Preservation Commission for its
decision. The Oklahoma Historical Society has decided to disengage from future
reviews, rely on the Preservation Commission for review of McBirney Mansion
proposals, and confer with the Oklahoma State Historic Preservation Office
(SHPO) for technical assistance. In the future, determination of compliance with
the easement and feasibility of projects will become the Preservation
Commission’s responsibility.
Mr. Osgood described the proposals for the ponds to the Preservation
Commission. Commissioner Pounds asked Mr. Osgood if he had looked at the
sightline from Riverside Drive. Mr. Osgood replied the retaining wall will be
visible, but from Riverside Drive, one could not see the lower pond since there is
a 4-5 feet elevation change between the road and pond. Commissioner Neal
presented the COA Subcommittee report. Commissioners Neal and Shears
asked for Mr. Osgood to provide more information including an elevation of the
retaining wall. Commissioner Turner asked Mr. Osgood if the stone will match the
existing stone. Mr. Osgood replied there is enough available native stone for the
project, and the native stone will taper and hide the retaining wall. Commissioner
Pounds asked the Commission if they are comfortable approving the concept
3
and voting on the final drawings when Mr. Osgood submits them. Commissioner
Turner stated the applicant needs to provide either a rendering or a photograph,
and Commissioner Shears stated a detail showing the distance between the
larger and smaller pond would be needed.
Commissioner Neal made a motion to approve the conceptual design with
conditions for the applicant to submit a final design for approval, including an
architectural rendering and elevations, to the Preservation Commission.
Commissioner Turner seconded the motion. The motion was approved
unanimously. Reference cited: Deed of Scenic, Open Space, and Architectural
Façade Easement
Vote: McBirney Mansion Easement
In Favor
1. Pounds
2. Shears
3. Schoell
4. Craddock
5. McKee
6. Neal
7. Sottong
8. Turner
Opposed
Abstaining
Not Present
Snyder
3. COA-15-56 / 1743 S. Yorktown Ave. (Yorktown)
Applicant: Katelyn Parker for Martha Phillips
COA Subcommittee Review Date: December 3, 2015
Request:
1. Construct rear porch addition according to drawings submitted
Staff presented the application to the Commission, and the applicant, Martha
Phillips, was present. Commissioner Neal presented the COA Subcommittee
report.
Commissioner Craddock made a motion to approve the application.
Commissioner Schoell seconded the motion. The motion was approved
unanimously. Guidelines cited: B.1.1, B.1.2, B.1.3, B.1.4, B.3.1, B.3.2, B.3.3,
B.4.2.1.
4
Looking northeast from S. Houston Ave.
Looking northeast from S. Houston Ave.
Existing Pond
Ponds Proposed to be combined
Proposed Landscape to be removed
Connection to larger existing pond
Run-Off onto S. Houston Ave.
Tulsa Preservation Commission November 13, 2015 City of Tulsa Planning Department 175 E. 2nd Street, Suite 575 Tulsa, OK 74103 RE: 1414 south Galveston / Ponds Dear TPC, Please find attached information outlining our plans to rejuvenate the ponds located at the Southwest corner of the property. In addition to a general overhaul the ponds we plan to address issues recently documented by a “Notice to abate a nuisance #873091” that we received from the City of Tulsa. Currently there are 3 ponds and 1 concrete catch basin that are all fed by the natural spring that runs through the property. From our research we have concluded that the current design intended to utilize the concrete catch base and the 2 small ponds to collect the spring water and associated sediment. This water would then flow into the large pond that is prevalent today. I have attached a series of pictures illustrating the current site conditions. The liners for the 2 small ponds 90% eroded and are almost completely clogged with sediment. The large pond in general is in decent shape and we have successfully removed the sediment build up but it is in need of a new liner. Our plan for reconstruction has multiple components: Step 1 we will install a series of 10’ deep dewatering wells along the hillside above the ponds. This is necessary to capture the natural spring water and divert away from the ponds while we execute our scope of work. If not the area will stay super saturated and we risk caving the hillside into the ponds side as we are trying to reconstruct. Step 2 will be to excavate the 2 small ponds and the concrete catch basin. At this point we will construct a one new pond in the same footprint as the 2 existing ponds and catch basin. The new pond will fit nicely with the existing hillside and rock work and will be approximately 4’ higher than the current lower pond. Step 3 we will install native stone between the newly constructed upper pond and the lower pond to achieve an esthetically pleasing result and avoid future erosion. The dewatering wells that were used to divert the spring water will all be connected subsurface and directed into the new upper pond. Via a series of pumps and diverter valves we will regulate the 2624 East 21st Street #100, Tulsa, OK 74114 Office: 918‐508‐7001 Fax: 918‐508‐7003 www.highgate‐gc.com 2 pond levels and source the irrigation water for the 2.5 acre property. Utilization of the spring water for irrigation will allow us to better control the volume of water produced by the natural spring and help reduce the flow into the city storm sewer and or overflow onto the sidewalks at both Riverside and Houston. Step 4 We have engaged Nicole Watts (civil engineer with KKT) to design the full scope of work. Included in this design is a new permanent inlet to tie into the city storm sewer. This inlet is going through the full IDP process. Although we feel we can control the water coming into the ponds with irrigation needs the inlet will be in place to handle any excessive storm water. Step 5 Drain the existing lower pond and repair/replace the existing pond liner that has collapsed and failed. We don’t plan to change the foot print of the existing feature pond. After the repairs have been completed we plan to install a small fountain to help combat vegetation growth. Sincerely,
CHAD OSGOOD
2624 East 21st Street #100, Tulsa, OK 74114 Office: 918‐508‐7001 Fax: 918‐508‐7003 www.highgate‐gc.com 2624 East 21st Street #100, Tulsa, OK 74114 Office: 918‐508‐7001 Fax: 918‐508‐7003 www.highgate‐gc.com 2624 East 21st Street #100, Tulsa, OK 74114 Office: 918‐508‐7001 Fax: 918‐508‐7003 www.highgate‐gc.com FILE: X:\DRAWING FILES\CIVIL\MCBIRNEY MANSION\04 DRAWINGS\C01,C02 - POND EXHIBIT
PLOT DATE: Tue, 19 Jan 2016
CHISLED SQUARE
(N:421622.3142, E:2559474.8619)
ELEVATION = 640.34 (NAVD88)
Benchmark 1
PK NAIL FOUND
(N:421607.8511, E:2559811.6815)
ELEVATION = 676.25 (NAVD88)
Benchmark 2
NEW AREA INLET TO
BE CONSTRUCTED
UNDER IDP.
Scale: 1"= 2000'
Location Map
PROJECT LOCATION
AC
B/L
BM
CHBS
CL
CO
CONC
COR
CY
E
EPED
EL
ESMT
EX
FH
FL
FNC
FND
FP
G
GL
GM
GUY
HEP
IP
IPF
IPS
IR
IRC
LF
MAE
OHE
OT
PP
PPD
PVC
R
RCP
RD
RWE
SD
SDMH
SF
SS
SSMH
ST
SWGR
SY
TC
TG
TP
TPED
TS
TW
TYP
U/E
UGE
UT
W
WL/E
WM
WMH
WSL
WV
XFMR
20'
Scale: 1"= 20'
10'
30'
ACRE
BUILDING LINE
BENCH MARK
CHISELED BOX, SET
CENTERLINE
SEWER CLEAN-OUT
CONCRETE
CORNER
CUBIC YARD
ELECTRIC METER
ELECTRIC PEDESTAL
ELEVATION
EASEMENT
EXISTING
FIRE HYDRANT
FLOWLINE (INVERT)
FENCE
FOUND
FIRE PROTECTION
GUTTER
GAS LINE
GAS METER
GUY ANCHOR
HORIZONTAL ELLIPTICAL PIPE
IRON PIN
IRON PIN FOUND
IRON PIN SET
IRRIGATION
IRRIGATION CONDUIT
LINEAR FEET
MUTUAL ACCESS EASEMENT
OVERHEAD ELECTRIC
OVERHEAD TELEPHONE
POWER POLE
POWER POLE WITH DIP
POLYVINYL CHLORIDE PIPE
RADIUS
REINFORCED CONCRETE PIPE
ROOF DRAIN
RESTRICTED WATERLINE EASEMENT
STORM SEWER PIPE
STORM SEWER MANHOLE
SQUARE FEET
SANITARY SEWER PIPE
SANITARY SEWER MANHOLE
STORM SEWER
SWITCHGEAR
SQUARE YARD
TOP OF CURB
TOP OF GUTTER
TOP OF PAVING
TELEPHONE PEDESTAL
TOP OF SIDEWALK
TOP OF WALL
TYPICAL
UTILITY EASEMENT
UNDERGROUND ELECTRIC
UNDERGROUND TELEPHONE
WATER LINE
WATER LINE EASEMENT
WATER METER
WATER MANHOLE
WATER SERVICE LINE
WATER VALVE
TRANSFORMER
Legend
NORTH
0
NORTH
SITE PLAN
OF
C01
3
1/19/2016
LST
DRAWN BY
DATE
ANW
005
1"=20'
MANAGER
ATLAS PAGE NO.
VERT SCALE
HORT SCALE
Tulsa, Oklahoma
McBirney
Mansion
ALL CONSTRUCTION TO BE IN STRICT ACCORDANCE
WITH CURRENT CITY OF TULSA STANDARDS AND
SPECIFICATIONS (INCLUDING O.D.O.T. 2009 EDITION)
CERTIFICATE OF AUTHORIZATION
NO. CA 5305
EXP. 06/30/2017
2200 SOUTH UTICA PLACE, SUITE 200
TULSA, OKLAHOMA 74114
[P] 918.744.4270 \ [F] 918.744.7849
WWW.KKTARCHITECTS.COM
KKT ARCHITECTS, INC.
KKT
FILE: X:\DRAWING FILES\CIVIL\MCBIRNEY MANSION\04 DRAWINGS\C01,C02 - POND EXHIBIT
PLOT DATE: Tue, 19 Jan 2016
630
640
650
0+00
0+50
PROPOSED BOTTOM = 639.00
PROPOSED WSE = 644.00
1+00
POND CROSS SECTION
NEW ROCK
EDGE
EXISTING ROCK
EDGE
1+50
PROPOSED BOTTOM = 645.00
EXISTING WSE = 646.00
PROPOSED WSE = 650.00
2+00
670
670
630
640
650
660
680
680
660
690
690
EXISTING GROUND
700
700
C02
OF
POND CROSS
SECTION
3
1/19/2016
LST
DRAWN BY
DATE
ANW
005
1"=20'
1"=2'
MANAGER
ATLAS PAGE NO.
VERT SCALE
HORT SCALE
Tulsa, Oklahoma
McBirney
Mansion
ALL CONSTRUCTION TO BE IN STRICT ACCORDANCE
WITH CURRENT CITY OF TULSA STANDARDS AND
SPECIFICATIONS (INCLUDING O.D.O.T. 2009 EDITION)
CERTIFICATE OF AUTHORIZATION
NO. CA 5305
EXP. 06/30/2017
2200 SOUTH UTICA PLACE, SUITE 200
TULSA, OKLAHOMA 74114
[P] 918.744.4270 \ [F] 918.744.7849
WWW.KKTARCHITECTS.COM
KKT ARCHITECTS, INC.
KK T
THIS DEED OF SCENIC, OPEN SPACE, AND ARCHITECTURAL FACADE
EASEMENT, made this 8th day of December, l978, by and between STAN
P. DOYLE and CHARLES S HOLMES of 1414 South Galveston, Tulsa,
Oklahoma, Grantors and parties of the first part, and the OKLAHOMA
HISTORICAL SOCIETY and CITY OF TULSA, as Co-Grantees and parties of
the second part.
WITNESSETH:
WHEREAS,
the
OKLAHOMA
HISTORIAL
SOCIETY
is
a
non-profit
corporation chartered by the State of Oklahoma to facilitate public
participation in the preservation of sites, buildings, and objects
significant in American and Oklahoma history and culture; and
WHEREAS, the CITY OF TULSA is an incorporated municipality
within the State of Oklahoma to protect its citizens, inhabitants,
and their property.
WHEREAS,
the Grantees are authorized to accept easements to
protect property significant in American and Oklahoma history and
culture; and
WHEREAS, the McBirney Mansion and grounds, on which the
buildings and premises are located, has been placed on the National
Register of Historic Places maintained by the Department of the
Interior;
WHEREAS, the Childers Heights Historic District, in which the
premises are located, has been nominated as a Category II Landmark
for designation by the Joint Committee on Landmarks of the National
Capital;
WHEREAS, the Grantors are the owners in fee simple of improved
real property, consisting of a house and various lots, located at
1414 South Galveston, Tulsa, Oklahoma, in the Childers Heights
Historic District, which property is hereinafter sometimes referred
to as the McBirney Mansion (hereinafter "the premises"), and is
more particularly described below:
All of Block Twelve (l2), except Lots One (l) and Twenty One
(2l) and the North 20 feet of Lots Two (2) and Twenty
(20) of said Block of the Resub-division of Blocks 4, 5 & 12
of CHILDERS HEIGHTS ADDITION, and Blocks 1, 9, 10 & 14 of
NORVALL PARK ADDITION to the City of Tulsa, Tulsa County,
Oklahoma, according to the recorded plat thereof.
WHEREAS, the McBirney Mansion is the last of the Childers
Heights Mansions to still remain standing and is the sole reminder
of the past splendor of this Tulsa area.
WHEREAS, the McBirney Mansion is significant in American and
Oklahoma history and culture in that it is the site of which
Indians and early settlers, including Washington Irving in his
travels of the West, watered their stock and forded the Arkansas
River, and constitutes an important element in the architectural
ensemble of the Childers Heights Historic District as a landmark of
importance which contributes significantly to the cultural heritage
and visual beauty of Tulsa, Oklahoma, and should be preserved if
possible;
WHEREAS, the grant of a scenic, open space, and architectural
facade easement by Grantors to Grantees on the premises will assist
in preserving and maintain the premises and the architectural
ensemble of the Childers Heights Historic District;
WHEREAS, to this end, Grantors desire to grant to Grantee, and
Grantees desire to accept, a scenic, open space and architectural
facade easement on the premises;
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and
other good and valuable consideration, receipt of which is hereby
acknowledged,, STAN P. DOYLE and CHARLES S. HOLMES, to hereby grant
as a charitable gift and convey unto the OKLAHOMA HISTORICAL
SOCIETY AND CITY OF TULSA, as Co-Grantees, an easement in gross in
perpetuity
(which
easement
in
gross
in
perpetuity
is
more
particularly described below) in and to that certain real property
and the exterior surfaces of improvements located thereon known as
premises of the McBirney Mansion, all owned by the Grantors, and
more particularly described as:
All of Block Twelve (12), except Lots One (1) and Twenty One
and the North 20 feet of Lots Two (2) and Twenty (20) of said
Block of the Resub-division of Blocks 4, 5 & 12 of CHILDERS
HEIGHTS ADDITION, an Blocks 1, 9, 10 & 14 of NORVALL PARK
ADDITION
to
the
City
of
Tulsa,
Tulsa
County,
Oklahoma,
according to the recorded plat thereof.
The easement granted herein, to be of the nature and character
hereinafter further expressed, shall constitute a binding servitude
upon said premises of the Grantors, and to that end Grantors
covenant on behalf of themselves, their successors and assigns,
with Grantees, their successors and assigns, such covenants being
deemed to run as a binding servitude, in perpetuity, with the land,
to do (and refrain from doing) upon the premises each of the
following stipulations, which contribute to the public purpose in
that they aid significantly in preservation of the historic site in
question and of the Childers Heights Historic District in which the
site is located:
I.
The exterior surfaces of improvements (including, without
limitation, the exterior walls, roofs and chimneys) on the subject
premises are those depicted in the photographs attached hereto and
is
incorporated
essentially
aforesaid
herein
those
premises
as
exterior
which
Exhibits
A(1)
surfaces
are
visible
of
through
A(5),
improvements
from
Fourteenth
being
on
the
Street,
Galveston and Houston Avenues in Tulsa, Oklahoma, but in the event
of uncertainty the exterior surfaces of improvements visible in the
photographs in Exhibits A(1) through A(5) shall control.
The
location of buildings, driveways and parking are as depicted in the
engineering survey attached hereto as Exhibit B.
Without the
express written permission of the Grantees, their successors or
assigns, signed by a duly authorized representative thereof, no
construction, alterations, or remodeling or any other thing shall
be undertaken or permitted to be undertaken on the subject premises
which would affect either the exterior surfaces herein described,
or increase the height, or alter the exterior facade (including,
without limitation, exterior walls, roofs and chimneys) or the
appearance of the buildings located thereon, insofar as they are
depicted in the photographs attached hereto and incorporated herein
as Exhibits A(1) through A(5), and the engineering survey attached
as as Exhibit B, or which would adversely affect the structural
soundness
of
the
premises;
provided,
however,
that
the
reconstruction, repair, repainting, weather proofing or refinishing
of presently existing parts or elements of the lot and improvements
subject
to
easement,
this
damage
scenic,
to
open
which
space
has
and
resulted
architectural
from
casualty
facade
loss,
deterioration, or wear and tear, shall be permitted, provided that
such
reconstruction,
repair,
repainting,
weather
proofing
or
refinishing is performed in a manner which would not materially
alter the appearance of those elements of the lot or buildings
subject to this scenic, open space, and architectural facade
easement as they are as of this date; except, however, that nothing
in this easement shall prevent the Grantors from maintaining in
place or replacing the existing installation of driveways, parking
areas, air-conditioning devises, thermal windows, storm windows and
doors, and television antennas.
In all events, the Grantors, in
materially altering the exterior of the buildings on the premises,
agree to obtain the prior written consent, signed by a duly
authorized representative for the Grantees, their successors or
assigns, prior to commencing any material alterations to the
exterior of the buildings or material alteration of the grounds.
Grantors may restore to its original condition and appearance the
exterior trim, woodwork, and balustrade to the extent that the
original condition and appearance can be determined.
Grantors
agree at all times to maintain the lot and structure herein
described,
and
the
exterior
appearance
(including,
without
limitation, the exterior walls, roofs and chimneys of the buildings
located hereon) in a good and sound state of repair, subject t the
casualty loss provisions in (4) below.
II.
The property shall be used only for professional office
or residential purposes, and no commercial or industrial activities
shall be carried on on the property.
III. The property shall not be subdivided, nor shall it ever
be devised or conveyed except as a unit.
IV.
No extension of the existing structure or erection of
additional structures shall be permitted, except that in the event
of damage resulting from casualty loss to an extent rendering
repair
or
reconstruction
of
the
existing
improvements
impracticable, erection of a new professional office or residential
structure shall be permitted.
V.
No utility transmission lines, except those required for
the existing structure or its improvement may be created on the
said land.
VI.
No dumping of ashes, sawdust, bark, trash, rubbish or any
other unsightly or offensive materials which are visible from
public roads or streets shall be permitted on the property.
VII. No topographical changes, including but not limited to
excavation and the cutting of trees greater than eight inches in
diameter (except when dead or dangerously decayed) shall occur upon
the property.
Replacement of existing trees as required to
maintain the existing topography may occur.
VIII. Grantors hereby agree that representatives of Grantees,
their successors or assigns, shall be permitted at reasonable time
to inspect the property.
the
street;
however,
Inspections will normally take place from
Grantors
agree
that
representatives
of
Grantees, their successors or assigns, shall be permitted to enter
and inspect the interior of the improvements on the premises to
insure maintenance of structural soundness; inspection of the
interior will not, in the absence of evidence of deterioration,
take place more often than annually.
Inspection of the Interior
will e made at a time mutually agreed upon by Grantors and
Grantees, their successors or assigns, Grantors covenanting not to
withhold unreasonably their consent in determining a date and time
for inspection of the interior.
Representatives from each grantee
shall be present at any and all inspections whether they be
interior, exterior or both.
IX.
In
the
event
of
a
violation
of
any
covenant
or
restriction herein, the Grantees, their successors or assigns, may,
following
a
seventy-two
institute
a
suite
to
(72)
enjoin
hour
by
ex
notice
to
the
Grantors,
parte,
temporary,
and/or
permanent injunction, such violation and to require the restoration
of the premises to their prior conditions, or, in the alternative,
representative of the Grantees, their successors or assigns, may
enter upon the premises, correct any such violation, and hold
Grantors, their successors and assigns, responsible for the cost
thereof.
The Grantors agree that such costs shall constitute a
lien against the property herein described, and Grantees shall have
the right to foreclose said lien and sell all or part of said
premises for the purposes of collecting said costs.
The Grantees,
their successors or assigns, shall also have available all legal
and equitable remedies to enforce Grantors' obligations hereunder,
and, in the event Grantors are found to have violated any of their
obligations,
Grantors
shall
reimburse
the
Grantees,
their
successors or assigns, for any costs or expenses incurred in
connection therewith, including court costs and attorney fees.
X(A).
The Grantors agree that these restrictions will be
incorporated by reference into any subsequent deed or other legal
instrument by which they divest themselves of either the fee simple
title to or their possessory interest in the premises or any kind
thereof.
X(B).
Grantors, their successors or assigns, will do and
perform at their cost all acts necessary to prompt recording of
this Deed of Scenic, Open Space and Architectural Facade Easement
among the land records of the office of the County Clerk of Tulsa
County, Oklahoma.
XI.
The Grantors, for themselves, their heirs and assigns,
agree that they or the Grantees, their successors or assigns, may
provide and maintain two (2) professional office signs not more
than three feet in height and not exceeding nine square feet in
area which may be located at the Galveston and Houston driveway
entrances to the property.
In addition, one sign not exceeding
eight feet in area setting forth the history of the McBirney
residence may be located at the Galveston driveway entrance.
TO HAVE AND TO HOLD UNTO THE OKLAHOMA HISTORICAL SOCIETY AND
CITY
OF
TULSA,
forever.
The
covenants
agreed
to
and
the
restrictions imposed, as aforesaid, shall not only be binding upon
the Grantors, but also upon their successors and assigns, and all
other successors to them in interest, and shall continue as a
servitude running in perpetuity with the above described land and
shall survive any termination of Grantors' or Grantees' existence.
All rights reserved herein to Grantees shall run for the benefit
of and may be exercised by its successors or assigns, or by its
designee duly authorized in a deed of appointment executed by its
duly authorized officer.
IN WITNESS WHEREOF, said Grantors have executed, sealed, and
delivered this Deed for Scenic, Open Space and Architectural Facade
Easement; and said Co-Grantees, THE OKLAHOMA HISTORICAL SOCIETY,
has
caused
this
presents
to
corporate
be
accepted,
and
signed
name
in
its
by
___________________________________________________________________
___________________________________________________________________
___________________________,
and
attested
by
________________________________________________ its Secretary, and
its
corporate
seal
to
be
hereunto
affixed,
and
does
hereby
constitute and appoint __________________________________________,
its true and lawful attorney-in-fact for it and in its name to
acknowledge and accept and deliver these presents as its act and
deed, and the City of Tulsa has caused these presents to be
accepted by its City Commission and signed by____________________,
and attested by _________________________, its City Auditor.
_____________________________
__________________________
____
OKLAHOMA HISTORICAL SOCIETY
ATTEST:
_____________________________
______________________________
CITY OF TULSA