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HomeMy WebLinkAbout2020.09.08_Worksession AgendaThis meeting is a work session for Council /Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL / OWASSO PUBLIC WORKS AUTHORITY / OWASSO PUBLIC GOLF AUTHORITY Council Chambers Old Central Building 109 North Birch, Owasso, OK TUESDAY, SEPTEMBER 8, 2020 - 6:00 PM AGENDA RECEIVED 1. Call to Order Mayor /Chair Bill Bush SEP 0 4 2020 2. Discussion relating to Community Development items City Clerk's Office Brian Dempster A. Request for annexation (OA 20 -03) - 11.5 acres located at 7215 North 1151h East Avenue B. Request for a final plat - 12.7 acres located south of East 76th Street North and east of US Highway 169 (Helscel- Huneryager Industrial Park) C. Request for a final plat - 19.73 acres located south of the intersection of East 761h Street North and North 154th East Avenue (Hawk's Landing) D. Request for rezoning (OZ 20 -03) from Agriculture (AG) to Office (0) - 14.91 acres located at the northwest corner of East 76th Street North and North Memorial Drive (Trinity Presbyterian) E. Request for a special use permit (SUP 2020 -01) - 0.47 acres located at 13311 East 1 16th Street (Tommy's Car Wash) F. Request for a special use permit (SUP 2020 -02) - 1.03 acres located at 13311 East 116th Street (Grease Monkey) 3. Discussion relating to a proposed special efficiency audit of utility expenses and tax collections Linda Jones 4. Discussion relating to the proposed purchase of a Fire Pumper Truck David Hurst 5. Discussion relating to a proposed funding agreement for the East 76th Street North Railroad Crossing Improvement Project Roger Stevens 6. Discussion relating to City /Authority Manager items Warren Lehr A. Monthly sales fax report B. City /Authority Manager report 7. City Councilor /Trustee comments and inquiries 8. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 13, 2019, and the Agenda posted at City Hall, 200 South Main Street, pt 600 m on Friday, September 4, 2020. r Chris Garr, Deputy City Clerk The City of Owosso encourages citizen participation. To request an accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918- 376 -1502 or by email to istevens@cifyofawasso.com sd flENL PVapI�•HFAI CIUneYr•gEpLCemmuniry TO: The Honorable Mayor and City Council FROM: Alexa Beemer City Planner SUBJECT: Annexation (OA 20 -03) - 7215 North 115th East Avenue DATE: September 4, 2020 BACKGROUND: The Community Development Department received a request for annexation of property located at 7215 North 115th East Avenue. The subject property is composed of approximately 11.5 acres of land and is currently zoned Industrial Light (IL) under Planned Unit Development (PUD) -475A in Tulsa County. Upon annexation, the applicant is requesting the property be brought into Owasso City limits as IL, as this is the County's corresponding zoning designation under the Owasso Zoning Code. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Industrial Light (IL) Industrial Industrial City of Owasso South Industrial Light (IL), Residential Single Family (RE) Industrial, Residential Industrial, Residential Tulsa County East Residential Single Family (RE) Residential Residential Tulsa County West Highway US -169 ROW Highway ROW N/A ODOT SUBJECT PROPERTY /PROJECT DATA: Property Size 11.50 acres +/- Current Zoning Industrial Light (IL) in Tulsa County Proposed Zoning Upon Annexation Industrial Light (IL) Land Use Master Plan Industrial, Residential Proposed Use Industrial Development Within PUD? Yes, PUD -475A (Originally approved in Tulsa County) Within Overlay District? No Water Provider Rogers County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($50.00 per acre) ANALYSIS: The property is currently zoned IL in Tulsa County and is contiguous with City limits on the northern and western boundaries of the property. The applicant is requesting the property be assigned the IL zoning designation upon annexation, which will retain its existing zoning from Tulsa County. Typically, property is annexed either under Agriculture (AG) zoning or as the County's corresponding zoning designation under the Owasso Zoning Code, as is the case with this annexation request. Further, the GrOwasso 2030 Land Use Master Plan identifies the majority of the subject property for industrial land uses, while the northeastern corner of the property is called out for residential uses. Considering this, assigning a zoning of IL is appropriate for this location. The subject property is currently undeveloped. The applicant intends to use a portion of this land for a detention pond to serve a planned industrial park to the north of the subject property. The remaining portion of the subject property will remain ready to be developed into an industrial development. The City of Owasso will provide police, fire, ambulance and sanitary sewer services to the property upon annexation. Rogers County Rural Water District #3 will provide water services to this property. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION: Due to the Labor Day Holiday on September 7, 2020, the Owasso Planning Commission will not meet until September 14, 2020. They will consider this item at their regular meeting on September 14, 2020. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit ' � w1.,1?- 9'.• ^�, f ice: �7.; O ,A � :: �� � {,• 3 a .fit - >9•" � - 1L� ; 2 Ar� y9 169 Subject R A – � � � 1 �.._ ,. -r.-:` I — gam'."- ��----- -•yi4 � t , t " al_= :L41 ell WO Me A r _ - =f ,4 v:- s n.3 Note: Graphic overlays may 0 100 200 400 N not features align with ro physical ®Subject OA 20 -03 features on the ground. OA I i I 1 I 3221 -14 Aerial Photo Date: February 2016 Feet R ® 9 i 1 L. �t•. L I +� d _ X 00 1 – � � � 1 �.._ ,. -r.-:` I — gam'."- ��----- -•yi4 � t , t " al_= :L41 ell WO Me A r _ - =f ,4 v:- s n.3 Note: Graphic overlays may 0 100 200 400 N not features align with ro physical ®Subject OA 20 -03 features on the ground. OA I i I 1 I 3221 -14 Aerial Photo Date: February 2016 Feet IL AG Surrounding Zoning OA 20 -03- 7215 N 115th E Ave 111gr-�-sr�,9 RE (Tulsa County) t N Land Use Master Plan OA 20 -03- 7215 N 115th E Ave t r � d d F .a �j Imm II - � .1 , ]033 I' 6906 /009 i 6913 6911 6912 6912 u + 6905 1.1x79 —0 ,;9z, 6s,12 N ,L 4 E 69th St N gal - � __ Commercial Industrial Lake Neighborhood MX Parks / Recreation Public / Institutional Residential Transitional Land Use Master Plan OA 20 -03- 7215 N 115th E Ave t r � d d F .a �j Imm II - � .1 , ]033 I' 6906 /009 i 6913 6911 6912 6912 u + 6905 1.1x79 —0 ,;9z, 6s,12 N ,L 4 E 69th St N gal - � __ R -14 -E L BDIM ]I N LOCATION MAP COUNTY: TULSA rn 7'9 � 2 LEGALOESCRIPTIDN REGISTERED LAND SURVEYOR'S 1 MORTGAGE INSPECTION PLAT CAH INVESTMENTS, LLC LEGEND NTS B/L - BUILDING LINE OHE - W HEAD ELECTRIC PP POWER PDLE U/E PMOM EASEMENT O/E DRAINAGE EASMENr SET IRON PIN W/ CAP Lsl3la O - FOUND IRON PIN A tract of land situated in the S12 SW14 NW 14 of Section 32, T21N, RUE, I.B. &M., Tulsa County, Oklahoma, described as follows: Commencing at the SW comer of said S/2 SW 14 NW /4; thence S89 °59'09 "E along the South line of said S12 SW14 NW /4 a distance of 189.81 feet to the POINT OF BEGINNING, said point also being on the East RN/ line Of HWY 169; thence N 00 "03'37' W along said R/W line a distance of 286AO feet; thence N 10 "50'19" W along said R/W line a distance of 178.87 feet; thence N 00 °03'37" W along said R/W line a distance of 198.78 feet to the North line of said S/2 SW 14 NWA; thence S 89 °57'16" E along said North line and leaving said RNY line distance of 836.84 feet; thence S 00 °00'05" W and parallel with and 331.00 feet westerly of the East line of said S/2 SW /4 NW 14 a distance of 279.08 feet; thence S 89 "50'09' W a distance W 100.00 feet, thence S 00 °00'05" W and parallel with of the East line of said S2 SW /4 NW /4 a distance of 381.00 feet to the South line of said S2 SW /4 NW14; thence N 89 °59'09" W along said South line a distance of 702.68 feet to the POINT OF BEGINNING, Containing 11.5 acres, more or Iess...Basis of Bearings: Geodetic North, Legal Description prepared by: Daniel S. Goss PLS 1316 on July 7, 2020. CERTIFICATE I, OARIEL S GOSS, A REGISTERED SLIRV a BY THE STATE OF OKLAHOMA, DO HEREBY SLATE THAT TIE ABOVE INSPECTION PUT SHOWS THE OWE111NG AS LOCATED ON THE PREMISES DESCRIBED, THAT B IS ENTIRELY WfrHIN THE DESCRIBED TRACT BOUNDARIES AND THERE ARE NO ENCROACHEMENTS THEREON BY VISIBLE PERNARENr IMPROVEMENTS, EXCEPT AS INDICATED, PE14CING NOT SHOWN; THAT TIS INSPECTION PIAT WAS PREPARED FOR IOENPRCARON ONLY FOR THE OWNER AND IS NOT A LAND OR BOUNDARY' SURVEY. THAT NO PROPERTY CORNERS WERE SET. AND IS NOT TO BE USED OR RELIED UPON, FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER C(1316 WITNES H ��sFAL THIS 7 DAY OF JULY. 2020 DANIEL S. GO S P.L.S. NO. 1316 ® NORTH D. GOSS & ASSOCIATES 12347 HEYWOOD HILL RD. SAPULPA, OK 74066 PH. (918)371-0096 FAX 19181224 -4530 Scale: NONE DATE: 07/07, CAH INV, LLC DRAWN BY: DG JOB #13292 REVISED: sd REAL PeePle • gEgL Chencter • REAL Com111uI1LLy TO: The Honorable Mayor and City Council FROM: Alexa Beemer City Planner SUBJECT: Preliminary/ Final Plat- Helscel Huneryager Industrial Park DATE: September 4, 2020 BACKGROUND: The Community Development Department received an application for review and approval of a Preliminary/Final Plat for the Helscel - Huneryager Industrial Park, a proposed industrial development. The subject property is located south East 76th Street North and east of US Highway 169 (immediately south of the old Jim Glover car lot). The property is approximately 12.7 acres in size and is zoned Industrial Light (IL). SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North Industrial Light (IL) Undeveloped Commercial, Industrial City of Owasso South Industrial Light (IL) Undeveloped Industrial, Residential Tulsa County East Residential Single Family (RE) Residential Residential Tulsa County West Highway US -169 ROW Highway ROW N/A ODOT SUBJECT PROPERTY /PROJECT DATA: Property Size 12.70 acres +/- Land Use Master Plan Industrial Current Zoning Industrial Light (IL) Proposed Use Industrial Development Proposed Lots /Blocks 1 Lot, 1 block Within a PUD? No Within an Overlay District? No Water Provider Rogers County Rural Water District #3 Applicable Paybacks /Fees Storm Siren Fee ($50.00 per acre) Public Streets N/A ANALYSIS: The Preliminary/Final Plat for the Helscel - Huneryager Industrial Park proposes one (1) lot on one (1) block for an industrial development. The underlying zoning for this piece of land is IL. The lot proposed in the Final Plat does meet the bulk and area requirements for the IL zoning district, as illustrated within the Owasso Zoning Code. Access will be taken from North 115th East Avenue. The Preliminary/Final Plat provides the necessary perimeter utility easements to service the property. Stormwater is being accounted for with an offsite stormwater detention pond located just south of the property. This stormwater detention will be recorded by separate instrument, and is contingent upon approval of the annexation of the 11.5 acre tract of land south of the subject property, located at 7215 North 115th East Avenue. Page 2 Helscel - Huneryager Final Plat The City of Owasso will provide police, fire, ambulance and sanitary sewer services to the property. Water services will be provided by Rogers County Rural Water District U. Any development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: Due to the Labor Day Holiday on September 7, 2020, the Owasso Planning Commission will not meet until September 14, 2020. They will consider this item at their regular meeting on September 14, 2020. ATTACHMENTS: Aerial Map Final Plat - Helscel - Huneryager Industrial Park Prelim/ Final Plat- Helscel - Huneryager Industrial Park t N OWNER /DEVEEOPER: FINAL CAN INVESTMENTS, LLC C IitiAL PLAT Po Box 397 28 2. Or. 79035 (916) 274-0517 $L L S fiL 3 I E Y J T D[ I,5 T R -$ L PARK SURVEYOR: ANAm11M]xiO1HFCIIYOFON'A9S0. 0. COSS @ ASSOCIATES, LLC rn &S110f132,19MM9NP21 NORTH, R,INCEII 1231] HE9WOOD NIL RD. FAST / I n UP, PA. OK 2406fi L:K (916) 311 -0096 I 12..7 ALllEm I 1w Letlillmle of AUTAONalifn Ho. 3932, ESP 06IM/2022 I SI CC1irNN61RYN26Rde11N I\ �I I I I ENGINEER: BOB Engineering Group, LLC I 1 1121 fool SW 51., 31e. 205 I I I Tulm. OWaMma 74133 (916) 392 -9400 CerliNO. of Wh.'halgn Nn. 6623 892.09, _ �° a °,m.0 1 I I I I II II I Y i l I I I II i I 1 i I I IrI l ® y II T I LJ qll L /_. T IS! ,.I oe +�T I 6 `•' �; E_��CCK 1 I�; Um I. j j I I I I I I I I I I I t i I I ISI I I I I II I I Y I I II II j II , s ____________�T a,TwFw'vurvn-- ___H'T!. 4 xn�6,% - r I 1 I I I I I mi=x IGCA1mN >Y.P Wn. ea.ss P oa.n..n„ 61R9R a11i .iv ym Fyn v w,uin FINAL PLAT HELSCEL- HUNERYAGER INDUSTRIAL PARK e 30. till? _ J L oEmmcmrwrcN �E s�wncu urEOwsm.awnrY e�,iiamEwim �� sc m`SµvmEO UH ESniEawrtoxra� sysr mm�r. 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YdO14V1Y11EBx5NBEl6YFNI8mPoCNIGFW R�TEM� nrrlei m° `mnrm`em"'."rroroswESwmasaxewmmuw mnmw.axmcExvua H�RWIV�I iiO �mnilEViiMH£f{{ffII �Y[gmNLN¢Em¢XMVNTEB. xJ LVMfiJ£MNYEIWE IYNTTD xTIxN[MBWH[xW TE BFHIp�IfOf➢IAi1EM. [WbmMTECGAEIIJIIX%RM'nxOP'NL VNrovIE WIFPUIMEMTWrcCANIXSVLLBE x5awrscesm NwTw�NUm.rwff NO W,xmuwem.uxw[wrzPoHmsnEBQn AV, oeEw ovwmwrFnwawreEruuvanswxileNrw .sns.wsu�rw�. B. oneavmswgarmnons lNxf <EW iI�E Mlµv.°wal oEVUwsx Ri w AV�is<ESV. cesM I [[ uGa[ rxeoiew' mvuNw 'wBixwunlars°vmHOlssmnlws)"s [w rlewdraxwnc Te F¢anlas.uo )EIMYNnRR RImiKN [NAM IT 0-0— o IF- FINAL PLAT HELSCEL– HGNERYAGER INDOSTIIAL PARK 0, zn sd %IMOOORVEAL People REAL CM r•REAL CammwNy TO: The Honorable Mayor and City Council FROM: Alexa Beemer Jurisdiction City Planner SUBJECT: Final Plat— Hawk's Landing DATE: September 4, 2020 BACKGROUND: The Community Development Department received an application for review and approval of a final plat for Hawk's Landing, a residential single - family subdivision. The subject property is approximately 19.73 acres in size and is located south of the intersection of East 761h Street North and North 154th East Avenue. The property was annexed into Owasso City limits and rezoned to Residential Single - Family High Density (RS -3) in March 2019, with Ordinance 1147. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North RS -40 (Residential Single- Family Low Medium Density) Residential Residential Rogers County South AG (Agriculture) Undeveloped Residential Rogers County East AG (Agriculture) Residential Residential Rogers County West AG (Agriculture) Residential Residential Rogers County SUBJECT PROPERTY /PROJECT DATA: Property Size 19.73 acres +/- Current Zoning RS-3 Proposed Use Residential Subdivision Land Use Plan Designation Residential Lots /Blocks 70 Lots, 3 Blocks Gross DU /Ac 3.5 DU /Ac Reserve Areas 1 reserve area Within PUD? No Within Overlay District? No Water Provider Rogers County Rural Water District #3 Applicable Paybacks East 76th Street North Interceptor Payback Area ($1,341.00 per acre) Storm Siren Fee ($50.00 per acre) ANALYSIS: Hawk's Landing is a proposed single- family residential subdivision. The final plat for Hawk's Landing proposes 70 lots on 3 blocks. The proposed development is zoned RS -3 and is therefore required to meet the minimum bulk and area standards established for the RS -3 zoning district in the Owasso Zoning Code. Staff has determined the proposed final plat meets the minimum dimensional standards for residential lots in an RS -3 district. Page 2 Hawk's Landing Final Plat There are two public access points proposed to the development, both on East 761h Street North. These access points are separated by a distance of 272.84 feet, platted as a Limit of No Access. This distance exceeds the minimum allowable separation of 150 feet, as set forth in the Owasso Zoning Code. Staff has determined the final plat for Hawk's Landing provides adequate right -of -way on the arterial and proposed internal streets, which would be dedicated to the City with the recording of the final plat. Adequate perimeter and interior utility easements are shown on the final plat, allowing utility providers to supply and maintain service to the proposed development. There is one reserve area identified on the southeastern corner of final plat which would primarily be used for open green space and stormwater detention. The Deed of Dedication and Restrictive Covenant pages of the final plat call for the establishment of the Hawk's Landing Homeowners' Association (HOA). The HOA would be responsible for the maintenance of all reserve areas, open spaces, landscaping and fencing along the frontage of East 76th Street North, and stormwater detention areas. The City of Owasso will provide police, fire, ambulance and sanitary sewer services to the property. Water service will be provided by Rogers County Rural Water District #3. Any development that occurs on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: Due to the Labor Day Holiday on September 7, 2020, the Owasso Planning Commission will not meet until September 14, 2020. They will consider this item at their regular meeting on September 14, 2020. ATTACHMENTS: Aerial Map Final Plat for Hawk's Landing Aerial Photo Hawk's Landing �"1 FINAL PLAT R 14 ZONED R63 E]6 STN HAWK'S LANDING ME.DO� o ta9_iuso AN ADDITION TO THE CITY OF OWASSO, STATE OF OKLAHOMA IF LOCATED IN THE WEST 112 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 '¢ uxravEO ux >uTTED a T scale r =sD' SECTION 34, T -21 -N, R -14E 1.8.&M. ROGERS COUNTY, STATE OF OKLAHOMA 34 w H TO ITI,I '. uxvunED uxrurT6o f -Wn+� - SECTION LINE E. 76TH ST. 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IS ME OMER O IRE EaLOmnc ➢SCRIBED LAND IN ME CITY CF OWASSD, ROUES C= STAGE OF GKIMPAPP, TO ml: A TRACT CF LAND IN NORTHWEST CURTER OF ME NTHEA ORST WATER OF SECTION DR. TDAW IP Cl ROGER. RANGE M EAST OF ME INDIAN BASE AND MERIDIAN RCCERR ENCE S CQU,T N ALONG ME NOUN LINE OF SND SECTOR 35 A 662 S, Su DNIR CICONr.V NS 7" AN'S MANY OF BEbHNINC. ME ABOVE STICKIER LAND PLATTED AND SUEQUIRM INTO SIXTY-xN SO) LOTS AND THREE (A3) BLEEPS. IN CONFORMITY mM ME PLAT. AND HAS EISEVTOD ME SLBgN4M AS "HA.I CANEINC, A EUBDAMION N ME btt WE OWASSO. ROGERS CWNTL OKLAHOMA, ME ONNER/➢ELELOPER DOES HEREBY DEDICATE FCR PUBLIC USE RICNT -OF -WAY AND ME UTILITY EASEMENTS AS DEPICTED CH THE ACCOMPANYING MAI AS V/E" W "UTILITY EASEMENP, HER ME POSE ME SEVL PURS OF CONSTRUCTING, MAINTAINING. CPERATINC. REPAIRING, REPLACING. Ml REMOVING ANY AND ALL PUBLIC FLUIDS. INCLUDNG STCRM SEWERS, SANITARY SEWERS. MEMNON' AND CDM IPPICgnON LINES, ELECTRIC POWER USES AND IRASFOPMERS, GAS UNES WATER LINES ME STEP ML EMBER LNES, TOCEMER EMIT ALL LL FITTNDS. IN NC ME POLES. MMES. CONMT., PIPES. VALISES. ARMED AND EQUIPMENT FOR EACH OF SUCH FAOUTIES AND ANY OMER APPURTENANCES THERETO, MM ME RIGHTS OF INGRESS AND EGRESS 10 AND WW ME UTLIEY EASEMENTS FOR ME USES AND PURPOSES AFORESAID, FAST HOWEVER. MA ME DNNER/OE.LWEM HEREBY RESERVES lC IMOLF. AMC 10 115 AIDE'S ME MIGHT 10 USE ME DEDICATED EASEMENTS Ax IGHIS CIF WAY TO PROVIDE AY OF ME DERMOM SET FORTH HEEIN. TOUDNAI BUT ALL UPILEA 1. .1 AND, 1. EI-PPI'T WAINTIN � ANT AtlYLUD WHINY �LTMD,, THAT WITHIN THE STREETS ME GATT IT EASEMENT_ DEPICTED IN ACCOMPANYING PLAT NO BUILGING, STRUCTURE W OVER MOTE OR BELOW GRWNO OBSTRUCTON MAT NTERFERES SAW ME ABOVE SET FORM USES AND PURPOSES M A STREET W EASCRIFT SHALL BE PLACED, EMS MD. INSTALLED CR MAINTAINED. PROVIDED HONER. WOWING LOGIN IM. BC SEEMED C RIVES, PROHIBIT D PARKING .,AS CURBING LANDSCAPING AND CUSTOMARY COUPLING URGED AND WALLS 1.21 SIREERIONY AGES OR STANDARDS SHALL BE SERVED BY UNDERGROUND EAGLE ALL SUPPLY LINES MOLDERS ELECTRIC. TELEPHONE CABLE TELEVISION AND LAS LIKES SHALL BE GATED UNDERGROUND N ME EASEMENT WAYS NOTATED FEW GENERAL UPLIEY SERVICES AND IN ME RIGR15 -CF -WAY OF ME STREET AS ORMOTED W WE ACCOMPARMAC PLAT SERVICE PER ESTALS ML MANSFOPMERS, AS SOURCES OF SUPPLY AT SECONDARY VOLTAGES. WAY ALSO BE LOCATED IN ME EASEMENT WAYS, ME [PILMOMMULPER DOES HEREBY RESTRICT ME UTILITY EASEMENTS SHOWN AND OESICNATED IN WE ACCOMPANYING MAT 0 A SINGLE SUPPIffR OF ELECTRICAL SERVICE. 1.2. DEAD UCROND SERVICE CABLES AND GAS SERVICE UNTMS TO ALL S TUBES MACH ARE LOCATED MMM E SUWINSINMNAYBE RUN FRON ME NEAREST CAS MAIN, SERVICE REDESTAL GW TRANSFERRED US ME MINE OF USAGE DEIMMNEB By E LOCAION AND CCNSTNUCTDN OF SUCH STRUCTURE 15 HAVE LOCATED UPON WE PLOT. PRUNED MAT UP ON THE IRELATDN OF OFFICE CABLE W GAS SFRILE TUM A PAR DOLLAR SMUCITURE7 ME SUPPLIER CF SERVICE SHALL THEREAFTER BE DEEMED D HAVE DAM TENTATIVE, PERMANENT. EFFECTIVE MAN NON EXCLUSIVE RIGHT OF WAY EASEMENT CH ME LOT, CDKRWC A 5 FEET STOMP EXTENDING 2.5 FEEL MY ATM SDE MF VE SERVICE CABLE DR AMFNY EEXTT`NDINL RM E OAS AN, SEANCE POSTAL N R 0 ME SERVICE ENTRANCE DN ME STRUCTURE I.CD WE SUPPLIER O ETECMIC. RLEPHONE. CASTE MILENSION AMC GAS SERVICES. THROUGH III AGENTS AND EMPLOYEES, ALL AT ALL TINES HAVE ME ANNE Cr ACCESS ALL EASEMENT WAYS SUGAR ON TO E PLAT HER OMERMSE I.A.S. FCR IN MIS DATE BE OECRUPEN FOR ME MMIME Or INSTALLING. M NTANNG. REMDNNG AR REEPLATUNG ANY REALTOR OF IRE VNBERGRW NO ELECTED. EI£MONE CABLE ELENSM.N OR LAS FACILITIES INSTALLED BY WE SUPPLIER OF ME OUL Y SERVICE. 1.2E WE OMER O ME LOT SHALL BE RESPONSIBLE FOR ME PROECRON K ME UNDERGROUND SERVICE FACILITIES LOCATED ON HIS LOT AND SHALL PREVENT THE ALTERATION OF NAME OR Y CONSTRUCTION ACTIVITY YMICH WARD EMME AFTH IE ELECTRIC CEPHCHE, CABLE ELENSION IXt GAS FAGUTES EACH SUPPLIER OF YRNCE SHALL BE RESPOM98LE FOR MEMORY MAINTENANCE OF UNCERGAWNC FACILITIES, BUT ME DAMPER +ER GUAM PAY PER CANAGE OR ELOCATION OF SUCH FACILITIES CAUSED OR NECES9rAND BY ACTS CF ME OMER N HIS AGENTS CH CONTRACTING. 1.2 .5 ME FOREGGA'B COVENANT SET FORM IN M5 SMIKEON 2 SHALL BE ENFORCEABLE BY EACH SUPPLIER OF ME FED TRIC FULDENONE CABLE TELEVISION OR GAS SERVICE D ME CANNER OF ME LOT AGREES TO BE BOUND HERE By 1 ] 1 ME OWNER OF EACH LOT MAIL BE RESEMSED E FOR THE PROTECTION CF ME PUBLIC WATER PAINS AND OF ME uBLIC SANITARY OFFER FACILITIES LOCATED BY THUS LOT AND BUDGET HALF PREVENT ME ALTERATION OF GRADE OR ANY CUNSMUCTDN ACTIVITY MEN MAY INTERFERE MM SAID PUBLIC WATER MAIN UP PUBLIC SANITARY SEWER MAIN. AMMN THE UREM EASEMENT AREA IS DEPICTED NI ME SUPPLIERS UNSUNG THE UPON TETHE RF GRACE FROM It CoMH SEAT OF ME ANYALLATO! OF A PUBLIC Y MI 4 I Ni SERER ANN, IN ANY C WATER AND A ES. SHALL BE Nl @FEE mM PUBLIC WRIER pN0 SEMERWMAUNS. SXALL BE PRMIBITED. 1 11 1 ME ALLY R OWASSO HULL BE RESPONSIBLE FOR ME PUBLIC SANITARY SEWER, 1.31.2 ROGERS COUNTY RURAL WATER DIMLY 13 I.A. BE EIDONSNLE FOR ME PROUD WATER NAM, 132 ME Ott OF OWASSO AD ME ROGERS COUNTY RURAL WATER DISTRICT 0. Ot ITS SUCCESSORS, WILL BE RESPON90L FOR ORdxARY MAINTENANCE OF THE PUBLIC WA, MAN. OR PUBLIC SANITARY SEINER MAIN, BUT ME CANER OF EACH LOT W.LL PAT FOR DAMAGE OR MUTENESS OF SUCH FACIUMS CAUSED OR NECESSITATED BY ACTS OF THE OWNER W HIS AGENTS OR CONTRACTORS, 1.13 THE OTY OF PARDSO AMC ME SIGNS COMITY RURAL WATER DISTRICT 11 THROUGH ITS PROPER AGENTS AND EMPLOYEES. SHALL AT ALL TIMES HAVE RIGHT OF ACCESS MTH THEIR EQUIPMENT 10 ALL SLEW EASEMENTS -WAYS SHOWING ON SAID PLAT. OR PROV.OED FOR IN THIS DAIS OP DEDICATOR FOR ME PURPOSE OF INSTALLING. MAINTAINING. REACHING, OR E ANY NY NEON OF SAID UNDERGROUND WATER AND SEWER MACUTES. FARTHE FOREGOING COVENANTS CONCERNING WALTER AND SEINER FACIUIIES SHALL BE E^TWCGBLE BY ME Y OF CA KIND OR ITS SUCCESSORS, D THE BAKER BE EACH LOT CRESS TO BE BOBND XME BY, 11 THE SUPPLIES OF GAS SERVER THROUGH ITS AGENTS AND EMPLOYEES. SHALL AT ALL TIMES HA. ME RIGHT OF ACCESS TO ALL SUN EASEMENTS SHOWN ON THE PLAT OR AS PRONGED FOR IN THIS DATE Or DEDICATOR FOR ME PURPOSE INSTAWNC. REMOVING. NEPARI THNO, OR REPLACING ANY ROPER. PM OF THE FACILITIES STALLED BY E SUPPLIER WE WS SERVED, 142ME DINER OF VE LOT SHALL BE RESPONSIBLE FOR ME ROMPLOR CF ME UNETWOUN0 LAS PASTURES LOBSTER IN THEIR LOT AND SHALL PAEVENF ME ALTERATION. CAERE O ME DINER CONSTRUCTIUN ACTIVITY .1. NODID INTERFERE MM ME GAS SERVICE. WE SUPPLIER OF ME GAS SERVICE SWILL BE RESPONSIBLE FILM R WE ORDINARY MAINNANCE OF SAO PACIFIES, BUT VE OWNER SHALL PAY FISH DAMAGE OR RELOCATION OF ualmES CAUSES OR NECES9u RD BY ACTS OF ME OWNER OR ITS AGENTS OR CONWARORS. 1.43 ME FOREGDNG COVERRAIT SET FORM MI5 PARAGRAPH SHALL BE ENFORCEABLE BY ME SU"EMS BE ME CAS SERVICE AND ME OMER CF ME LET AGREES TD BE SOME HEREBY. EACH MANNER,I ME STORM IN SURFACE RAIN, WATERSN FROMB SO SLUED BE OpANAG AREAS OF HOMES ELEVATCN AND FROM PUBLIC SMELTS AND EASEMENTS NC LOT OWNER SHALL CONSTRUCT M PERMIT TO BE CONSTRUCTED ANY FENCING W OVER DESTRUCTORS MUCH WOULD IMPMR ME ORAINACE OF STORM M SURFACE ATERS OVER AND ACROSS HIS LOT. ME FWELONE CUPHRANT SET FORM IN THIS SUES"WOR I I 91ALL BE ENFEll BY ANY IN LCr DAGAM AND BY VE CITY CF OWASSE WLAHBMA. THE OWNER OF ME LOT SAL BE E¢WSBL FW REPAIR OF MAN GE IN BY ME NEEFG$ARIY INSTALLATION RCE OR MNP AXCEATO THE UNDERERWND WATER, SEINER. STORUwA1EA, GAS, COMMUNICATION, CABLE MLENSNU OR EMCTA C ROUTES WI THIN ME EASEMENTS DEPICTED W IF CCGUPHISING PLAT, PROVIDED HONEKR, MAT ME THEY CF OWASSO OR ME SUPPLIER OF WE UTLITY UNPICE SHALL US- CAM AND ME PERFORMANCES OF SAN ACTNTES,RASO4gBLE II STORM SEWER L 2.i ME Ott BE OWASSO. OR ITS ISIPOS50RS, WRWCN ITS PROPER AGENTS AND EMPLOYEES, SHALL i ALL THE$ HAVE TIME OF ACCESS AM THOR EODIPNENT TO AN STWu KKR EASEMENTS FOR ME PURPOSES BE STAWNG. MANrAMPRE,, REMDNNG AND REPLACING ANY PORTON UP ME UNDERGROUND STORM SEMR SYSTEM. BUILDING, PERMANENT OR PERMANETE STRUCTURE ANN WEDGED CAUSE ENN COSIROCIM SMALL BE PLACED W MAINTAINED IN ME STORM SNMER CASEMENT AEA AGE ANY CWSTRU EARY ACRMIY M N WOULD SUMMER mM ME STORM SERER SKIER SHALL BE PROHIBITED. LY3WE CITY UP OWASSO. OR ITS SUCCESSORS SHALL BE RESPONSIBLE FOR OREMARY MAINTENANCE OF ME PUBLIC OMER SEWER SYSTEM, BUT ME OMM OF EACH UNIT WILL PAY FOR DAMAGE OR RELOCATDN OF SUCH SYSTEM CAUSED OR AECESSIiniEO BY ACTS OF ME OWNER OF EACH LOT OR ITS AGENTS OR CONTRACTORS. 1.1.1ME FOREGOING CC.NAN. CONCERNING ME PUBLIC STORM SERER SYSTEM SHALL BE ENFORCEABLE BY THE CITY OF OWASSO. OR ITS SUCCESSOR. AND ME OWNER OF EACH LOT AGREES TO BE BOUND HERE SY. 1.].5ME OM WE CAN LOT SHALL BE REMBURNELE PER THE PROTECTION BE ME STORM SEWER LCCATED ON THEIR LOU AN SMALL PRE VENT ME ALTERATION BE GRADS OR ANY CONSTRUCTION STORM SEYh T R. WIN I' WE MAY S MENT ARE TH SAID EA REAS ON ME ACCOMPARTAG PLAT ME ALM ARCH OF O GRADE MOM ME CONTOURS EXISTING UPON ME COMPLETION OF ME INSTALLATION OF STORM SEAR, OR ANY CONSTRUCTION ACTIVITY MY ON Al INTERFERE NTH ME STORM SEWER. SHALL BE PROHIBITED. LEE RESIGNATION! OF RIGHTS AND COVENANT A TO COMMUCBOis US EMUS OF NO ACCESS ME UNOERSGEUF OVM PUMV LMAR HEREBY RELINQUISHES XIS RIO11S CF VEHICULAR INGRESS OR EGRESS MOIL Y PORTION OF ME PROPERTY MMTN ME BOUNDARIES DESIGNATED LIMITS CF NO ACCESS (EPA) qI ME ACCOMPANYNO PLAT, MACH "LIMIR OF NO ACCESS' MAY BE ENDED DR RELEASED BY ME CItt OF OWASSO, OQANDMA W ITS SUCCESSORS. CR AS SIDINGS PROVIDED RY HE STATURES AND LAM DF ME STATE O' OKLAHOMA LM TS OF NOT ACCESS' SHALL BE ENIMNIABL DY ME CITY Or CWA550. 1.101 ME USE DE PUBLIC STREETS IS RESERVED FOR SUBSEQUENT CONVEYANCE M ME NOMEOMIER'S ASSOCIATION TO BE PERFORMED PURSUANT 10 SECTION ICI AND SECTION N HEREOF. FDA ME "SAME OF a MINISMATOX AND MNNTENANCE E ME MAUL TREErs AND TIMER COMMON AEAS M ME SBEUVSON. 1102 THE SEEM. AS OESIUNA cS CH ME ACCOMPANYING PLAT. ARE PAPER ESTABUSHED BY GRANT OF ME OMER/BEVELWER AS A PUBLIC SNET FOR ME COMMON USE AND BENEFIT OF WE OAI OF ME RESOENTAL LOTS, HEIR GUESTS AND INVITEES, FOR THE PURPOSE OF PRONdNG WERICOLAR AND PEESTMAN ACCESS 10 AND FROM THE IAGIMAT RESIDENTIAL LOTS T. AND FROM AT SEE STREET& 1103 ME GRAMIDEVELOPER HEROIN GRATS TO ME Cltt O' GAMBOL OKLAHOMA. ME UNITED STARES POSTAL SERVICE. AND ANY PUBLIC UTILITY PROTONS U IUTY SERVICE TO THE SUBDIMSON. AND TO ANY REFUSE C0.LEE D SERVICE WHICH PROVIDES SERVICE MMIN It SVBOINSCN, NNE RRELY TO ENTER AND TRAVERSE ME PUBLIC STREETS AND TO ORMAEE THEREON ALI SERVICE, EMERGENCY AND OOERNMENT . HICI£S INCLUDING, BUT NOT UNTIED TO. POLICE D FIRE VEHICLES AND EQUIPMENT. LI.El THE OWNER/DEKLMEA. PON ITSELF AND ITS SUCCESSOR, HEREIN COKNANS WM ME .11 OF OWASSO. CAAHDMA xWCH LOL£GAP. SHALL SUN AM WE LAND D In.E TO WE REHERT OF It U CIm BF OR ASS.. MLANDMIL AND SHALL BE ENFORCEABLE BY ME GTY OF OWASSO. OKLAHOMA. 70: 1.10.41 STREET SURFACING SHALL EXTEND THE FULL LENGTH W OF E HUMM STREETS DEPICTED W W HE ACCOMPANYING PAT. M NB MEET OR EXCEED E NOW EXISTNG STANDARDS FOR MNW RESPORTAL STREET}: 1.106.1.1 SURFACES NOW SHALL E ' F LL M CURB. Or LESS MA 26 MET AE B TURNN AROUND AREASM ICCHA SET EXCEPT N E BE .I WAN 20 FEET MCA FACE OF CURB 10 ACE OF CURB. 110. e,13 WEMASP BASE AND PAYNC MATERIALS SHALL BE Nr A OVALITY IN WICNNESS MEETING ME NOW EXISTNG STANDARDS M ME CITY O OWASSE. OKLAHOMA FORT MINED RESIDENTIAL SMEE3 LQUIC.8 ME MUSICAL WADE BE ME STREETS SULL AGE FEE D B 1.108.2 PRNIBR THE EAECION GF M'S ACT OR 9MILTMfl SMUCTIRE OVER A PURUC STREET DEPICTED CN E ACCMPANM S PLAT "IN WOULD ^ PROHIBIT ANY W . OSM OTICALLY RNNENTAL VEHICLE, OSMOLLT FIRE NHICLE SNORE 1 10.43 SN FTOPLANDAM OF THESE PUN C TREETSIISEC IDENTIFICATION BY ME CITY OF OWASSO. O LAWMA MAT ME PUBLIC STREETS HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH ME STANDARDS ABOVE SET FORM, CH IF THE CITY OF OWASSO. OKUMDMA OECURES TO INSPECT THE PUBLIC SIREETS. CERTTICATON STALL BE SECURED FROM A MGSTERS. PEEESACNPL ENGREFR MAY THE PUBLIC STREETS WFAE CMSMUCTEO IN ACCORDANCE mM THE STANDARDS ABOVE SET FEWER. D THEY REWIRED CERUNCATCH SHALL BE YRED AM ME OWASSE PLANNING CMN590N PRIOR TO TH E ISSUANCE OF A BUILDING PERMIT FOR AY LIFE MAT OERIKS ITS ACCESS MOM A PRIVATE STREET, 1.10.5 THE OMER DEVELOPER ACKNOWLEDGES FOR ITSELF AND ITS SUMESSDRS ENTRIES AT THE PUBLIC STREETS P M DEPICTED ON ME ACCPANT PLAT MEET ME CRY O OWASSD, OKLAHOMA STANDARDS AS TO NOW OF RIGHT CF WAY. AND FURTHER ACKNOMISTOF MAT MN Clrr OF OWNED. OKLAHOMA SHALL HA. curt No To A xTAN ME PUBLIC STREETS MIN THE SUBDIVISION, NOR HAVE .WY IMPLIES OBLICAINN TO ACCEPT AN SUBSEQUENT TENDER OF DEMOLITION UP ME SUSLIC III.. mTHIN ME S SISEMOR 2. RESERVE AREA 21 USE OF LAD ME RESERVE AREA SHALL BE S USED FOR DEBATER PURPOSE QTLY. TH A TR ERE SHALL NOT BE Y OBSTRUCTIONS ALLOYED IN USE AREA MIATSOEVEAMIS AREA IS RESERVES FEW THE SUBSEQUENT HOMEOWNERS NT CONVEYANCE TO ME HOMEOER'S ASSOCIATION ON TO BE PRISED ME CAUSES Of ME RESIDENTIAL EONS WMN FARES LANDING AS SET FORM M SECTOR 3 N D 6 HEREOF. MAINTENANCE O E Y_ ME SER AREA SHALL BE ME BESPONSIPU Y OF THE HOMEOWNER'S ASSOCIATION. WHEREAS, "HAN %S LANDING" WAS SUBMITTED AS PART OF A HIM HIGH DEN OW RESIDENTIAL DEVELOPMENT PURSUANT TO ME CITY OF OWASSO WHERE CCOE THEREFORE, ME BWNERTDEVELOPER DOE$ HEREBY IMPOSE ME FOLLGMNG RESTRICTIONS MY COTAGARM MMIN SHALL RE COVENANTS RUNNING M ME LAND n'p ALL BE BNO G UPON ME OWNER /DEKLWO, ITS SUCCESSWS ME ASSIGNS, AND SHALL BE ENFORCEABLE AS HEREINAFTER SET FORM ME DEVELOPMENT OF "HANKS LFNONG SHALL BE SEEKT TO THE PLANNEC UWi EAKIIIPNEW PRONSONS OF ME GUY CE OWASSO 2AING CODE, 3.2 USE OF LARE USES PERMITTED IN ME RS -3 ZONE DSMICT 33 MINIMUM LOT NZ 7UM SQ FT 3.4 MINIMUM LOT YEDM: 65 FT AN DR TARO 2s FT READ YARD 20 FT SIDE TAO 5 IT SIDE YAD AGUTTRG AMAXTE STREET 2O M LANDSCAPING AND OPEN SPACE WILL BE PRONGED IN ACCORDANCE MTH ME Cltt p OWASSO KINDS CODE. 12,1 MERE SXALL BE NO FENCING ALLOWED SEMND VE BUILPNC LINES AS SHOWN ON WE PLAT WITHOUT M_ WMTIFN PERMISSION OF MC ANCHITECTURAL CWMITRE. 3.2.2 A 6 CAAME SCREENING FENCE S4LL BE INSTALLED ALONG 26TH RIVAL DWI EACH RESIDENCE CONSTRUCTED SHALL CONYAN Ai LUST MISS SQUARE MET O UNSHED HEATED UMNG AREA (MEASURED TO OUTSIDE OF MASONRY), ALL AREAS INCLUDED IN CALCULATION ARE ECWSI.S OF CURA TTIC, UNINSURED BASEMENT, PALO. TERRACE, ANY ROGER. W AREA MM CEILING HEIGHT LESS MAN 5 FEET. IN XMTAG BY L ARCHITECTURAL COMMITTEE. MASONRY ME PLACES SHALL COVER 100 M M TERI CF E EXOR LL$ OFFICES OR STRUCTURES FROM FIRST FLOOR PLATE HEW POISON IT i0 GRACE, BY SEEM , WENT ACCEPTING MSONRYA MAMMAL C MAIL E INCLUDE SIT. , SIMI AND BLOOD. OR OWN MATERIALS APPROVED IN MEMO BY WE MERITECNRAL COVM17EE. 3.B3ALL RODFINL NAVY ARDATIOTGRAL LANHAM SPACES X'MAMMER WWp" "CELCNIAL SATE- "CEWCETOAN CRAY W ESTIMATION i. FREE ..HER LL BE A M M OF 9/12 OVER 75% M ME ROOFS AREA ALTERNATIVE Sol WEAIPLS W ROOF RUSHES MUST BE APPROVED IN NETTING BY ME ARCHIRCnRAL COMMnEE. 3,"A FOUR FOOT AIDE CONCRETE 9GENALK MUST BE INSTALLED MIT MAINTANTED PARALLEL AM ME PLSUC DEMME, 9DEWALK2 MUST MEN WV SIGENALKS CH NIGHT EAN TNWLOR AND SHALL BE CEO EDOi SSE WE AY 3.8.5 NO WIBUILDINGS N ACCESSORY BUILDINGS ME A.M. mMMr NRREH PERMISSION MOM ME ARCWECMRM COMMITTEE ANN COMPLIANCE mM ME OWAPA ZONING CODE LO, COMBINATIONS MAY BE PERMITTED M ALLOW GAME UNITS TO INCLUDE HELPED LIVE AND ALLOW B YNIC BE BUILT O.R OT LINES, PRONOEC ME &IRUNDI DO ENCROACH 0.4 ANY PLATED UTILITY EAIIMENT. AS A PART W ME OEVFLOPMENT OF THE ADDITION, (SPHAR DEVEDIER HEREOF NAS CREATED OR mLL CI AS PER ME OWASSO SUSCIN9CN REGULATIONS ME IT LANDING NOMEOMTERS ASSDOATIUU' AN DKLA PDT- FOR -PPMI CORPgiN.. AS .1 FORM BECLARARCH 0 RESTRICB. COVENANTS. CONDITIONS, RESTRICTIONS FOR HAN %'S LANDING CADMIUM. A ARIAS SHALL BE MEMAINTENANCE ESPONSIBILITYALL OF ON ER/DrUPWIER UNTIL 9lM IRE MAr ME M LANDING HMEOMFR'5 ASSOCIATION. INC IS CREATED 0) CYNFR/DEYELOPER 6, PRIVATE BUILDING AND US RESTRICTIONS MHEREAS, ME DATER /OCLELWER DESIRES r0 ES. RESTRICTIONS FCR ME PURPOSE OF REOPENS FOR ANOCRCMPA�NNITOYP W IMPROVEMENTSBMERFUN A LOXFp THEREFORE. ME CVMER/EVELCPER DOES HEREBY IMPOST IXLOmxG RESTRICTIONS AND COL£NANrs MUCH GAL COVENANTS RUNNING MM THE LAND. NA STALL BE T UPON THE OMER DEVELOPER. ITS SUCCESSORS AND A9 NO SHALL SE ENFGRCEPBLE AS NUCINAFTEN SET FORM AT USE OF LAND 41.1 ME USE BE LOT SHALL BE UNITED TO USE FOR FAMILY DETACHED OM£LLINGS AN CUSTOMARY ACCES USES. HAYING A GARAGE PROVIDING SPACE FOR A DIANE ALEGAMIIES, 41.2X0 MDMWS W OFFENSVE AN ATY SXALL BE CA OH, WHIAINED. OR PERMITTED ME SUBOINL.. SHALL ANIMUS BE DONE IMF N MACH I'LL RECENT MANAGED OR NUISANCE TO ME N£1GHBORHOS. 413ME ... DEVELOPER HERE N ESTABLISH IF RESERVES FW ME FORMATER'S ASSOCIAION. AN I. ED ERECT AND MARIAN FENCING, WALLS, SIGNAGE WISHL O KEITH WE MAINTENANCE CE BEASEMENT MENCTED0 ACCOMPANYING PLATS "L/E" A15NG MMLER. MOTILE HOME, VEHICUUR OWEWNG, SHACK. BARN. OR ANY USED STRUCTURE WAAISOE W Be MOWED CH TD, ERECTED, MAINTAINED, N USED IN SUEMNSION TEMPERARY DR PERMANENTLY OR BY PARTY WHOMSOEVER. 1.1.6110 ANIMALS INCLUDING U.STWN AND POULMA C BE RAISED, BREAD. OR KEPT OA ANY L O T AT WAYI E. M 1N.T OGpGS C.TSU OR EWER CMPON "SEN. MUCH A E XM SED, BHEAD. Ofl MAINTAINED FOR COMMERCIAL KOPECK MAY BE KEPT , ALL SOW HOUSE PEr snALL BE RESTNAIMED N SUCH A WAGNER AS PREVExr MEU FRDU ENTERING MANOORUNG LOTS KENNELS ARE ALLOWABLE FACTORS THEY ARE LWAT ME BACKYARD MIT E YARD S FULLY Fl PRIVACY FENCING ALL OMER SHALL COMPLY AVER APPLICABLE ISOINANCES O ME CITY OF OWASSO. g1YVD BOATS, p MLERS, RECREATCNAL VEHICLES CAM RACE CARS, IMO ERAT..HICTS, VEHICLES GREATER CNE }CAT RATING. DEBRIS, ANO SIMILAR ITEMS MAY BE TO OR KEPT FOR PERIODS OF TIME I.N EXCESS FEE RB HOUR ME STREETS OE ME SUBEM90N OR C. ANY 101' ORI.'MAYS T ME SISNNSIW, UNLESS PARED MI ENCLUED GARRAGE. ALL VEHICLES SHALL OF PEAKS CONCRETE U 'NCE4 NO VEHICLES OF A OPERATIVE ON PTT., CLUCNC THOSE QAM1 RESIDENTS SH R PARKED IN THEIR RESERVES W EST PARKING IS ALLOWED ON A TEMPORARY BASS. 419x0 SIGN SHALL BE DISPUTED TO ASKED NEW END LCr OTHER THEM THOSE AN WNONG ME SALE OF ME OR LOT BY THE HOMEOWNER, OMHER/DENELOPER, ELTUBI A REALTOR. THESE SCANS SHALL NOT EMCEED 6 SWAE AM Y OVER BY ARCHRECMRAL CONMI MUST BE gvp0.0tc iEE. APPROVED PIECED A.B. OR 1MACH ANTENNA SHALL BE PERM TIED ON ANY RESIDENTS OR LOT. SATELLITE RECEIVER A` SXBE. NOT TO EXCEPT 3 INCHES IN DIAMETER. MAY BE POTTED UP Y L. IN ME BACK YARDS AT A HEIQrt NOT 10 EXCEED 6 FEE' FROM ME MOUNG, ON ME REM OR SDP WALLAS OF A HUGEINE. W ON ME FORT. AOF ME ROCF Cr RES MADE FAONO 'HE BACK W SEE 05. 6 INSTALLED ON THE SEE WALL DR SCE ROOF THEY µGET BE INSTALLED MINWEV OF 20 FEET FROM ME FRONT OF E INSTALLATION SHPLLN 6E COBMIC 10 ME RAACXITECTJRAL COMMITTEE OR APPROVAL FOUR TO IISNALLATON. THE XLECTURAL COMMITTEE M AIDE PORTIONS B MIS DOWMAN' AT ITS OISMEDON, AIf0 NOBEL WAVES MAY BE BUILT BY BUTERS WORD LOTS IN ME SUBDIVISION MD MAY MORE ME CARGOS PS SALES OFFICE TEMPORARILY UNTIL THE HOME IS DONATED AS IT RESDENS, AT MUCH TIME THE DAMAGE I'LL BE REVERIE 'O ITS EATENDE DSO. CULL F9OK GROUND SMINMIND POOL$ ARE PERMHNEp PRBAMD THEY ARE MAIGNAFY AMR LESS THAN B MIT IN DIAMETER NO OMIT NAVE ORWW POOLS SHALL BE A'... WAS COVENANT DOES NCi PROHIBIT AREA ENDING HOT TUBS OR GRAS, EI.12 EACH LOT SHALL BE MA147AINED IN A NEAT AND AND W DEBRIS TGRASSNAND LAENDSCAPING WALL BEAMAINi NE CNEA PECULM BASIS NO LOT OT SHALL BE USED FEW THE STORAGE M CIXiSMUCTON MATERIALS FOR A PERIOD OF GREATER MM 30 DAYS 41.13 ALL WTSDE MASH PECEP'ACES SHALL BE SLOWED WiSOE PUBLIC MEW FROM ME STREET OTHER MAN DAYS DF COLLODION. 42.1 EACH RESIDENCE CCNSm UCED SMALL CONTAIN AT LEAST W 30 SQUARE FEET OF TRIDEREED HEATED UMNG AREA MEASURED iC OUTSIDE OF MAGERM Y. ALL AREAS INCLUDED IN CALULABQ4 ARE EXCLUSK ANY GARAGE. ATTIC. UNFINISHED BASOMENT. MATO. ERRACE COVERED ETCH, OR AREA MM CEILING NEICHI LESS MM 5 FEET. 4,22 UNLESS CONTENDED SPEOFTEALLY APPROVED IN MRIBNG BY THE MCLITECTURAL CCMMOEE. MASONRY VENEER SHALL LOVER 100% OF ME EXTERIOR WALLS SURFACES OF STRUCTURES TWO FIRST FLOOR Pulp HEIGHT i0 [RACE, UNDER ACCEPLEL OusENRYS MATERIALS SHALL INCLUDEON BRICKS, SMI P STUCCO, OR OTHER APPROVED MATERIALS IN WAITING .1 ME METH ECTURTL OXP.ITEE 42BALL INCLUDE SNEEZY MIN TUDIRAL LALANAE GFNGEs N MEATHERED WQOO COLONIAL ELATE, GEORGETOWN GRAY, OR EQUIVALENT ROOF AMENDS SHALL BE A AT O.D. Of 1/12 BAR ZSS OF ME LOOP AREA. ALICRNATK BEEPING MATERIALS OF ROOF PITCHES MUST BE APPROVE. IN WERNC BY THE ARCHITECMRAI COMMITTEE. 4,2.AA4 FOES WOE CONCRETE SIDEWALK MUST BE INSTALLED ANO MAIN TUNED PAARALLLLEL WIN ME PUBLIC STMEIS. AND STALL BESATACEN5 FEET FROMATHE BACK OF CURB LOTS 42S.4. WLNDMCH. OR ACCESSORY MOSENCE AM' ALLOWED MOT' MTIiTEN PERM551ON THE ARCNIIECMTAL CLMMITEE. If PROVE. P BY ME ANIXTECTURAL TEE. ALL APPROVED µ0 ACCESSORY BUUPPA'S MUST BE CONSTRUCTED UTILIZING ME SAME MOURP0F MATERIALS AND COLONAS WE PRIMARY S RESDENCE AND SHALL BE LOCATED A MINIMUM F FEET FROM ME PROPERLY ONES. 426ANY EXPOSED FWNOALON OR STEM WALL SHALL BE COVERED WON ..AN STONE. OR STUCCO. NC RETAINNG WALL SHALL BE CWSLRUCIED Oti AM' IM UNTIL INEY ST. FEAR HAS BEEN APPROVED BY ME ARCHIECTURAL COMMITTEE. SITE PLAN MUST SHOW ME RESIDENTS, DRAINAGE CONCEPT, AND ME PRCPDSED FRIOY IN HECM OF RETAILING WALLS AND E 11 A'S COLOR OF TESTING MATERIALS, NO RNALT.O ES ARE FERMIiIEB. IX7ALL CHIMNEY STRUCTURE SHOULD I BECOME A COPPER MM PNN70 GALVANIZED METAL (DIRECT CAP. BALL METAL DORMERS M OTHER ROOF ELEMENTS SHALL US FABRICATED OF COPPER OR GALVANIZED METAL PAINTER 10 MATCH SLINKY£ COLOR ALL OTHER UNPOSED CALVM:ZE FIX%iNG METAL AM' UMBING ANN PIPES ESTATE, BE PAINTED 10 MATCH SN14LE COLOR, A. 1,B MNOOW FRAMES MAY B MAO[ OF AMGE VINYL .R ALUMINUM CONSMUCTON, ALL ALUMINUM ARMED ANDOCWS STALL 8E PAINED. MILL FINISH ALUwNUM ANA OARS SHALL No BE PERMITTED. 210 ALL GARAGES STALL HA TI OKRHEG CAPPCE DBCRS FOR ACCESSL4G CLOSIRE PEA104 THESE MAY BE CMs1RUCE0 CF WJO0 VINYL TV STEEL CONSTRUCTOR WIN NC WINDOW ELEMENTS INCLUDED UNLESS MG, dPAGVG IS OBLAINEO MOM ME A CHLBE RAL CDN AV CATAGLS SHALL BE ENCLOSE IN CARPORTS A" PRpNBNFD. GM ALES MAY NLi BE CONVERE. i0 UV,NG AREAS. F.2 HAVE 1T EACH ROSE SHALL A GARAGE DEBATE OR A AYAUJG AT 3 PUTCNBBRLES EACH BECOME SPAT, NAVE 4 M W AD PEER B GMAAE ODOR APERING FAONG M C STREETS. UNLESS 111. APPROVAL 15 OBTAINED MOM ME ARCHIRCMRAL COMMITTEE DRDEWAY SHALL BE CF CONCRETE M'. SHALL NCi EXCEED ME OVERALL OF PRE .1 LLCNE AWARE. EMIR WATER ES MPROMALS BY DRIVES BE G MM ARCHITECTURAL COMMITTEE 42.12 ALL A X 8 xMB% M `SON1E, OR STCCO BOARD DAD WSI HAVE A TEXTURE CE AND ALL JOINTS UST EE EMITTED. 2,13 MNLBCXE SHALL CONFORM IN SIMON TO ME SHOULD DESIGN IS OESIGNAIEI BY ME ARCHITECTURAL CBNYITTEE. 9.214 NO PRIMARY RESDENCE SHALL EXCEED 35 FEET IN HEIGHT AND NO ACCESSORY BUILDING SMILE EXCEED 35 ET HEIGHT A.2.1S ME MORE YARN OF EACH RES'DM SHALL BE SOLD 4X0 LPNOSCAPEO ..N 50 GAYS ITT EOMPETCH OF IRE HOME PLANT MATERIAL STALL BE SUFFICIENT IN SIZE. QUAINTLY. AND PANNED ACROSSAME MOORE E PROOF ASUCATONOUNBDA'OE PLOANTNGS ME HOT BOMBED NINA' AREA, MJE CMI:ER OF EAACH IDS SHALL BE REQUIRED i0 INSTALL A MINIMUM OE CUP TREE THE FRONT D WIN P M CALIPER 13 ARCHES IF MERE ARE NB PRE- EXISTEC MESS OF SUCH SIZE, p216 SEASONAL HOME WHO YARD DECOMATIONS TELL BE GLOM) FOR 15 CALENDAR DAYS BEFORE AMC T DAYS AFTER L HOLIDAY SEASONS EXCEPT CAUGUAS CMPTSTMAS DECORATIONS INCWgNG LIGHTS, MAY BE INSTALLED AFTER ME is CF "W NNER AND MUST BE REMOVED BY JANUARY OPST, FL GPOLESECH OTHER SIMILAR (ITEMS MUCH iARE BAH A FEET IN IT HOME IF LOCATED IN ME FRONT YANG, vMIT BE MENCLEO IN APHN M G BY ME ARCHITECTURAL COMMITTEE. 12,17 BASKETBALL COPE, SMNO SETS, SOCCER DOGS. 'PA.' CLAIM. PLAY WISES OR OMEN PIAYBRWNO EUIPMENL AMC NOT HLLONE IN THE FROM YARDS M SOE YARDS THESE ITEMS P BE PLACED IN ME BOB YARD AT THE YANG AREA IS EN0.G4D NITH A 6 FEET HIGH PRIVACY FENll. 1,218 ANY SEEM PANEL OF WAR TURBINE INSTALLATION OUST BE APPROVED IN AROUND BY IM ARCHITECTURAL COMMITTEE. ME ARCHITECTURAL CLANITTA RESERVES E RIC" iC MOURBI7 CF PLACE FESTRICTONS ON MY SOLAR PANNE BR X,.40 TER DOE NSiALLATIQ4 F N ITS EIE OSCRETDN DETERMINES FIAT THE INSTALLATION IS NOT CMFERMLY INCOYPATIBIIJTF OF ME WICHBCRACEI 425 MV LOT WHICH HAS BEEN SOLD BY ME DEVELOPER YB A MI.'S 1AR11 MO DOES ACT HAVE A FUSE UNDER CONSTRUCTION WIDTH 2 YEARS FROM ME SAW O SAE SHALL MEET ME BOLLOWING REOWREMENTE THE LOT MUST BE CAME AND COMPLETELY VEGETATED, THE LOT MUSH BE MODE ON SECOUR SCHOOL-. AND ME OWNER UST INSTALL M Y 'OE WALK IF EMBLEM BY SECTION 184 MO EACH DWELLING SHALL FROM ME ..1 RESFACTVE BVIEING GORDON TINE CF ME NRRIOR PRIVATE STREET 41 OEPPi ITS ACCESS SOLELY MAN AN INTERIOR PRIVATE SHAM, 44 YAMS AND SETBACKS 4.4AND BELONG SMALL BE EREIEB NEARER TB A PRIVATE ST TH ME BUILDING SET BACK LINES BV M ICED ON E ACCCMaMTNG DEALT, 44.2EACH SIDE YARD SMALL BE NO LESS MAN ME CPEAER CE 5 ET IN MOM OR MC M M OF ANY UTILITY EASEMENT LOCATED VAMN ME LOT AND ALONG ME DOE LOT LINE. 4 a,MABLVNG SHALL MAINTAIN A SMANATG.4 OF NOT LESS THAN To FEEL 414 AND 'JILONG. MEBER PRINCIPAL OR ACCESSORY ALL ENCNDACN UPON ANY UNDERGROUND CUT LOY EASEMEN' S DEPICTED ON ME ACCOMPANYING BLAL AA SAINT BUILDING REBOUND FOR ME PRIMARY STRUCTURE SMALL BE .4C LESS MAN 2C FEE. FROM THE REAR LOT LINE AS DEPICTED ON ME ACCOMPANY LAIT D CITY OF BRAGG ZONING REGULATIONS. NHEPEAS ME CATILL DEAUGGER DESIRES TO ESTABLISH RESFRICIMS F - ED'.' OF PROMOING FOR THE UP REPLY DEVELOPMENT UP ME SUBDINSIBN AND COAMPROY AND COMPATIBILITY OF IMPROVEMENTS MEOW. THEREFORE ME QANAX GEVECPFR ACES HEREBY IMPOSE ME FOLLOWING RESTRICTIONS AMC COVENANTS INCH SHALL 8E COVENANTS RUNNING M N LL ME LANE AMC CRAFT BE BINDING ANIXRE CMNER/DEVEILOPEP, HIS SUCCESSORS ME ASSIGNS D SHALL BE ENFORCEABLE AS HERENAFIM SET FORM, 51 ARCLUECTUPG COMMITTEE PUN REVIEW BIT MaGH RESIDENTS. OUOSTUDG E. NPRBVFAFNIS. DRIVEWAY, FENCE, WALL SAEWTE RECEIVER PEN, CR PHEESFANDIF'G MAILBOX SHALL BE ERECTED, PLACED. C AL RED ON ANY LOT IN THE BARIUM SIGN UNTIL THE PLANS AND SPECIFICATIONS NAVE BEEN APPROVED IN TNC MY FARM LANDING AT STONE DANCING, ME, OR ITS AUTHORIZED HEPRESMTARVES oR SUCCESSORS. MUCH ARE HEREINAFTER REFERRED 10 AS THE 'AMPLECTUFAL CCMMHEE. FOR EACH SPOOFCATICNS OWALL OPR EEL SCE-HUM SURE D ACRE AND ELECTRONICALLY AND SHALL INCWB A .LE REM, FLUOR EXTERIOR HEAD E%SRIOR MATERIALS. VAND E%EPIOR COLORN SCLURNI PUNS, 51,2 ME ARCHITECTURAL COMETTEE'S PURPOSE IS i0 A PROMOTE GOOD CLOCK N COMPATIBILITY GAMIN ME GRAYSIOL V N AN N ITS REVIEW OF PLANTS OR DETERMINATION LY A. LNAT AS HEREINAFTER AUMIXIZE MAY TAKE IN 0 CONSOERATUN ME x URE AND CHARACTER OF THE PROPOSED SIDING ORSTFUCTORE ME MATERIALS OF WMIGI IS 10 BE FILL. ME A ILABIUIY BF ALTERNATA MATERIALS, ME GTE UPCN NRVCN IT IS PROPOSED i0 BE ERECTED AND ME HARMONY MMEOF WIN ME SURROUNDING MCA. ME ARCHITECTURAL COMMITTEE SMALL NOT BE LIABLE FOR ANY APPROVAL. DISAPPROVAL. OR EXITED 10 APP.MAD HERE UNDER AND ITS APPROVAL OF BUILONC PLANS SHALL AM COUTIMMF WARRANTY W RESPONSIBILITY FOR OUTGOING METHODS, MATERIALS, PROCEDURES STRUCTURAL DESIGN, TRADING OF DRAINAGE, OF CODE MO_ATIONS. THE APPROVAL OR FALUREW O APPROVE BUXURD PLANS PERIOD NOT BE BEAMED A ANON OF Y REEMICTIION NOTHING HEREIN CONTAINED $HALL ANY CARGO O PREVENT ANY LBi OMAN IN THE SUBDIVISION FROM PROSECUTING ANY LEGAL ACTON RETAILING iO PRCVEMENTE MIN MY SUBDIVISION WRICH THEY WOULD OMERMSE BE ENBRED TD PROBUTE SLIME RCXIp CULRAL CWMrtTEEiS OBJECTIVE IS TO AMMAR ME HARMONIOUS USE OF ANDSCAPINC. FENdNG NAROSCAPINL. LANDSCAPE LIINTXG. AND OTHER UNOSCAD DESIGN ITEMS TO PROMOTE COMPATBIIITY IN CONFORMITY WHIRIN THE SUBDIMUCN. ME ARCHITECTURAL µCOMMITTEE RESERVES ME JM0.41TY iD REVIEW. APPROVE. ODIFY, OR A,MF M, ME OF LANDSCAPING OR LANDSCAPE DESIGN ITEMS YMId MAY BE PLACED IN PUBLIC MEW BY ANY LOT CANNER AND DETERMINED IM FOR DISCRETION NOF ITE CNI ECNRG COMMITTEE, i0 BE IND...XBRIE M ME OVERALL LANDSCAPE STANDARDS LF HAMS LPNOIW 51AME PAVERS AND OUTER OF WE MBnTECNRG COMMITTEE SHALL. ON ME FIRST DAY Ci MNWY. 2020, HE OPENED MANSFERRN TO ME HOMEOMN E'S ASSOCIa'Ury DAWN N SECTOR LANDING , NP UPON NG ASSOCIATION). ASSIGNMENT O ME FORMAN'ER'S ASSOCIATION M BY BE MGIRECNNAL COMMITTEE, WHICHEVER EVENT FIRST BCOMI MO MCREAMM IRE FOREGOING POWERS AND DUTIES SHALL BE EKEFIELD BY ME BOARD OF DIRECTORS OF ME NEWCOMERS ASSaIARON. OR MDA BECOME 5.1 SHANKS LA.VONC AT CLAW LL [ CN C, ASCRAM THE RIGHT IN THEIR GORE MSCRETER AVID WITHOUT JOINOM OF ANY LET MANOR AT MY TIME, SO LONG AS HAWS LANDING At 5TCHE CANYON LL4 IS THE CANER CF MY LOT OR PART AM IN'BEDE ED END, REVISE, OF ABLEST MY ONE OR MORE OF ME ABOVE COKxANTS AND RESTAIDD.GS µMIN IS SECTION 5. BY TA ROMENT DULY EXECUTED AN ACKNOML£DC£D BY THEM AS ME ARCHITECTURAL COMNIi1EE M FILED IN ME COUNTY CLERKS GEFICE ME ROGERS COUNTY CWAMWX, OWAS50, OKLAHOMA. 6..NDEMR. ALL THEE$ SHALL BE PLANED AT EAST 5 FEET AWAY FROM A, UNDERGROUND UDURES NO ALERATON TO APPROVED OVED LANDSCAPE PLANS SHALL BE REACTED ATUOUi APPROVAL MOM ME COMMUNITY DEVELOPMENT DEPARTMENT FOLLOMNL COMPT'LON OF ME PLANTING ON ALL LANDSCAPE MATERIAL, THE PROPERTY DRAW OR HOMENER'S ASSWATION SHALL BE RESPOaABE FOR LOGO TERM HEALTH, CAPE AND NANTEMANCE OF ALL PLANT MATERIAL A.1 I. DEAD AND DISEASE PLANT MATERIAL SHALL BE REPLACED AS PER ME APPROVED LANDSCAPE PLAN. 6.2 MEMBERSHIP EVERY PERSON CA ENVY WHO IS A RECORD OWNER MMUSNGTER REFERRED i0 AS LET OYMAR) O F ME FEE xTMEST BF A AMENDG LOT PLATER A HART OF NAME EXTEND SIMOINSEN SHALL BE A MEMBER CF THE HOMEOWNERS ASSOOATON AMR SHALL BE SUBJECT TO ASSPSSMENT BY ME HOMEOWNER'S P AUGH FOR MAINTENANCE CF COMMON AREAS OWN H OVENS LANDING. MEMBERSHIP SMALL BE A PERTINENT TO MO MAY NOT BE SEPARATED FROM ME GARLAND OF A LOU 6.5 ..ART PON ASSESSMENTS EACH LOT OWNER, BY ACCEPTANCE A DEED TO SUCH LOT, IS OEEAD 10. COVENANT O AGREE TO PAY 70 ME 64 MAINTENANCE OF SIDEWALKS ME HOMEDNN'E'S ASEGATON SHALL BE PESPONSRE FOR THE MAINTENANCE OF ME SOENAMS LOCATED WITHIN ME CCMMCN AREAS. ME MAINTENANCE OF ANY SIDE WALKS LOCATED IN THE FAULT OR THE SID OF MY LOTS WHIN THE SUREGAON SMALL BE ME AESPWSBLT B THE INOIMOUAL LOT ..UK 2. ENFORCEMENT, WPATON, AMENCMEN .. AND SEVERABILOY 1.1 EF.CCU Exi 111E RESFICTMS NAME. SET FORM ARE DO FMAN. 10 MM WIN ME LAND AND SHALL BE BINDING UPON THE CNNEA/OEVEIGIME ITS ECCESSORS AND PSSNNS MANN ME PROVISIONS OF SECTOR 1 EASEMENTS AND UTLInES. PRE SET TOWN CERTAIN MANGUM ME ENFOREMENT RIGHTS PERTAINIHC THEVA. AND AOMnONALLY ME COVENANTS v1MIN SECTION T. NETHER OR NOT SPECIFICALLY THEREIN SO STATED SHALL INURE TO THE BENEFIT OF AN SHALL BE T ENFORCEABLE BY ME CITY OF OWASSO, OKLAHOMA, COVENANTS CON TAXED IN SECTOR 3 PLAGUED UNIT OEVELCPMEM O ESiRICTONS ARE ESTABLISHED REMNANT TO ME PLANNED UNIT DEVELOPMENT PROVISIONS OF THE OFF O' OWASSO ZONING CONE D SHALL INURE i0 ME BENEFIT OF ME CITY OF OWPS50. ORLANCMA, THE HON.ECNNER'S ASSOCIATION AND ME OWNERS OF THE LOT OR PARCEL HEREIN IF THE UNDERS BUIR CM'ER/CEALOGEER. OR ITS SUCCESSORS OR ASSIGNS. SHALL �MDLLAR AT ME HIN COVENANTS W SECTION 3, IT H E LAWFUL FOR ME CITY 0: OWASSO. ME NDMEDMNERS ASSOCIATION, D R OWNER OF A LBi i0 OPINION MY ACTION AT LAW OR IN S N F PRIVATE FLU GAND 1 AND .111 AND EXPENSES NCNFRE N SUCH ACTON 22 DURATDN THESE RESTRICTIONS, i0 ME EXTENT PERMITTED BY APPLICABLE LAW SHALL BE PERPETUAL BUT IN A Y EAMI SHALL BE IN FORCE AMC EFFECT FOR A TERN OF NOT LESS MAN 30 YEARS FROM ME DATE OF ME ED RECORDING OF IS OF DEDICATION UNLESS NEPTUATE OR MENDED S HEREINAFTER PRONGED. 23 AMENDMENT ME COMMANDS CON USED WBECTON ARN BECTON ONE EASEMENTS AND ULETES M SECTOR I RESERVE AREAS, MAY BE AMENDED MR TERMINATED AT MITER BY A .1 'EN RNMENT SPED AND ACK GATT GER BY ME OWNER OF THE LAND i0 WICH THE AMENDMENT CH ERDEA`ION IS i0 BE APEICGLE AND APPROVED BY ME CITY o TWA. PHEREPAG CORP 15SON COMMA OR ITS 5 CCESMGRE ANDY CITY OF OWASSO COMMA ERICA = COVENM`s CONTAINED WITHIN SccnoxL3 PLANNED Mxn MAr 9E AMENDED W TERMINATED AT ANYTIME BY MARTEN INSTRUMENT ROTE AN ACHNOW.EOCED BY TIRE OMER OF ME AFFECTED L07 IN FIRMS UNONG AND APPROVED BY ME CITY OF OWASSO PLANNING CCMMISSICAL ON ITS SUCCESSOR, ME PPOMSI A Go ANY INCONTINENT AMENDING OR TEflwN }nNL COVENANTS AS ABOVE SET FORD SHELBY ALMA c FROM AND AFTER ME DATE IT S PROPERLY RECORDED. ME LOT CARRIER MAY AR ENO. REVEL W MACLAH ALI IWOW OF SPAWN A VALE MFV UM BOFLDI 6067% IS USE MFS LOT ONS FRC 1 FALCAGO.O MF AN µMIN C SECTCNSA 24 SBVERABILITY INVALIDATOR OF ANY RESLRICTCNS SET FORM HEPEIT ANY NOLMENi, PART MERECF. BY AN DNOER, OR EMIT ANY COURT. OR OTOTMy, SHALL NOT IN VALIORATE UP Al ANY OF THE 0 MFR PESMICROPS OR A PAT }HERE[ SET FORM HEREIN. WHICH SHALL REMAIN IN FULL FORCE EFFECT IN µMESS RUBRICS, NAME LANDING AT STORE CAI LLD. AN OKLAHOMA LIMITED LIARNIY CUMPMY EXEI MIS INSTRUMENT MIS __ DAY OF OCTOBER. 2019. HAW S LANDING AT STONE ANCHYGAL LIFE AN OKVHCON LIMITED UNBENT COMPANY EAEG NMMEY, HMiACER STATE CF OKLAHOMA ) ) ES, ROGERS COUNTY ) BEFORE ME ME UNDERSIGNED. A NOTARY DOWD IN ANT SAID COUNTY AND STATE ON THIS DAY OF AU 2020. PERSONALLY APPEARED GREG NORMAN.. iC ME R TO BE ME IDENTICAL PERSON YMO SIIBSCRIBEO THE AG THE µAMR MERECF AS ITS M... ME ACKD.`F`W ( ME MAT HE EXECUTED ME SANE AS HIS FREE VOLUNTARY ACT AND DEED OF NAME 1AMENG AT f CANYON. LIFE. AND OKLAHOMA WRIER uPBANY COMPANY ME USES AND PURPOSES MEREN SET FORM. CAN UNDER MY HAND AMC SEAL ME CAN µ0 YEAR BODE NRITEN. DEBRA DEBRIS. NOTARY PUBLIC MY I ... BATCH NUMBER IS _ MY CCMMIDEMN EXPIRES _ CEMFTCAE OF SURVEY RYAN AUDCICM. M CALANDRA SURVEY COLMAN` PROFESSIONAL AGO SURVEWLR AMS TAD I LHE SEAT .'AMC.'. HEREBY COHNNID MAT FELL AA CARUi ACCURATELY SUPKYED, FURROWED, AND FLAMM ME OF LOGO DECRIBCD DOME. A D MAT ME ACCWPA'. PLATTE DESGNAED HERE IN PS HAIR'S LANDOW OF D LA MI 15 CITY OF FAMBESHNTATDY ROFM COUNTY, ON TIE GROUND USING GENERALLY ACCEPTED LAND SUMP PRACTICES AND MEETS ON EXCEEDS THE OKLAHOMA Mi! STANDARDS FOR TIE PRACTICE OF LAND BERATI L ADOPTED DXEUIED WAS DAY OF AUGUST, 2G20. RYAN O0 DiCAx - - - -- APPETEPEC PROFESSIONAL LAND SURVEYOR DELAHDMA WI STATE OF CKLANWA ) ) S.S ROGERS COUNTY ) ME FOREECONG CERGEOPIE OF SIDNEY WAS PCRUCALL BEFORE ME MI5 —_ DAY OF USi 2020. BY DWDIOAM HEBRA RM 5Y CO PLRRIS5 AN ND'MY PUBLIC 1NUMBERS MY CCNNISBON ERPNE sd REAL People • FEAL CFarscbr BENZ CammuNly TO: The Honorable Mayor and City Council FROM: Alexa Beemer City Planner SUBJECT: Rezoning (OZ 20 -03) — Trinity Presbyterian Church DATE: September 4, 2020 BACKGROUND: The Community Development Department received a rezoning request for property located at the northwest corner of East 761h Street North and North Memorial Drive. The subject property is approximately 14.91 acres in size and is currently zoned Agriculture (AG) and was annexed into the City limits in 2018, under Ordinance 1143. The applicant is requesting a rezoning to the Office (0) district designation. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Agriculture (AG) Agriculture Residential Tulsa County South Agriculture (AG) Residential N/A (Not in Fence- line) Tulsa County East Agriculture (AG) Agriculture Commercial, Transitional Tulsa County West Public Facilities (PF) School Public /Institutional I City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 14.91 acres +/- Current Zoning Agriculture (AG) Proposed Zoning Office (0) Present Use Undeveloped Land Use Master Plan Commercial, Transitional Number of Lots 1 Within PUD? No Within Overlay District? No Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($50.00 per acre) Barnes Elementary Sewer Payback Area ($80.00 per acre ANALYSIS: The applicant is requesting a rezoning from AG to O for property located at the northwest corner of East 76th Street North and North Memorial Drive, abutting Barnes Elementary School. The applicant has indicated that they wish to use the subject property as the site of a religious institution. Such a use would be allowed by right within the Office District zoning designation. Page 2 OZ 20 -03 The subject property is called out for both future commercial and transitional uses in the GrOwasso 2030 Land Use Master Plan document. The plan shows the southern portion of the property as future commercial development, and the northern portion for transitional development. A religious institution is a good example of a "transitional' land use, as it can provide a buffer between residential areas and other, more intensely used commercial areas. Further, the properties surrounding the subject property are largely undeveloped and /or the site of current residential developments. As such, a religious institution on this property would be in harmony with the existing and anticipated land uses in the area. The City of Owasso will provide police, fire, ambulance and sanitary sewer services to the subject property. Water service will be provided by Washington County Rural Water District #3. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: Due to the Labor Day Holiday on September 7, 2020, the Owasso Planning Commission will not meet until September 14, 2020. They will consider this item at their regular meeting on September 14, 2020. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map a t ' r � F Subject Tract - k f 4—:41 Jet, r L!l°.l9.lU ik IN i` IF 0. yam k i^ ;i } , • a Note: Graphic align with p may not precisely align with physical ®Subject o ,00 zoo aoo Tract OZ 20 -03 i l i l I 2621 -13 features on the ground. Feet Aerial Photo Date: February 2(116 I Surrounding Zoning OZ 20-03- Trinity Presbyterian CARRINC3T,DN POINTE RS-3 CD M 3 0 AG (Tulsa County) PF mg IE A AG (Tulsa County) AG (Tulsa County) IE A AG (Tulsa County) Ir E 76th St N F7E Subject t N Land Use Master Plan OZ 20 -03- Trinity Presbyterian E commercial N Industrial ® Lake 0 Neighborhood MX ❑ Parks I Recreation E Public/ Institutional ❑ Residential 0 Transitional i sd XFAL Pwpb•XERL Cnpndx•HFALCpmm�mlly TO: The Honorable Mayor and City Council FROM: Karl Fritschen RLA, AICP Planning Manager SUBJECT: Specific Use Permit (SUP 20 -01) - Tommy's Car Wash DATE: September 4, 2020 BACKGROUND: The Community Development Department received an application for review and approval of a Specific Use Permit for Tommy's Car Wash, a proposed car wash facility. The property is located at approximately 13311 East 116th Street North (1/4 mile west of US Highway 169 on the north side of East 116th Street North, immediately west of the Taco Bell restaurant). The property is approximately 1.03 acres in size, and is currently zoned Commercial Shopping (CS). The applicant intends to develop an auto wash facility on the property. SURROUNDING ZONING: Direction Zoning Use Land Use Jurisdiction Auto Wash Facility Land Use Master Plan Commercial Plan Yes; OPUD 05 -02A North Commercial Undeveloped Commercial City of Owasso Storm Siren Fee of ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre South Commercial Shopping Restaurant Commercial City of Owasso CS East Commercial Restaurant Commercial City of Owasso West Commercial Shopping Undeveloped Commercial City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 1.03 acres +/- Current Zoning Commercial Shopping CS Proposed Use Auto Wash Facility Land Use Master Plan Commercial Within PUD? Yes; OPUD 05 -02A Within Overlay District? Yes; US -169 Overlay Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee of ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre ANALYSIS: A Specific Use Permit (SUP) is required in certain zoning districts for uses that may be considered more intensive than what is allowed by right through the City of Owasso Zoning Code. The subject property is located within the US -169 Overlay District, which does not allow for Auto Wash developments unless the developer can obtain an SUP. Page 2 SUP 20 -01 The subject property was zoned CS under Owasso Planned Unit Development (OPUD) 05 -02A (Ordinance 1060 in 2015). OPUD 05 -02A amended OPUD 05 -02 by shifting density allowances to areas different than originally intended and allowing multi - family development within the PUD's commercially -zoned areas. Additionally, the subject property is surrounded by existing commercial developments, and the GrOwasso Land Use Master Plan calls out this area for commercial uses. Considering this and the existing zoning of CS on the subject property, staff has determined that a commercial land use such as an auto wash may be appropriate if the correct controls are utilized with an SUP. The applicant has worked with staff to design the site and structure in an appropriate manner that conforms to the design requirements of the Zoning Code. The proposed auto wash facility features a drive - through washing tunnel, as well as a number of vacuum stations for patrons to use. These vacuum bays are proposed to be placed on the western side of the wash tunnel, towards the proposed adjacent auto repair shop and garage. The placement of the vacuum bays as such will help shield the existing Taco Bell restaurant to the east of the subject property from excessive noise. Further, the applicant indicated that the fagade of the building will consist of colored, indented hardboard siding that will resemble tile; the roof and trim will be metal. All of these design features meet the US -169 Overlay District design standards set out in the Owasso Zoning Code. The applicant intends for the proposed auto wash facility to be platted alongside a proposed adjacent automotive repair and maintenance garage, thus creating what is essentially a single automotive service -based commercial center. Further, the two lots will be served with one existing driveway off of East 1 l 6th Street North, which essentially makes these two lots function as one. The subject property will share parking with the proposed adjacent garage. The lot, that the subject property is comprised of, does not meet the minimum frontage requirements for the CS district within the Owasso Zoning Code. As such, the applicant was required to obtain a Zoning Variance from the Owasso Board of Adjustment (BOA), allowing a reduction in the minimum lot width required for this proposed development. BOARD OF ADJUSTMENT: The Owasso Board of Adjustment heard the variance case (OBOA 20 -04) concerning the lot width of this property at their regular meeting on August 25, 2020. They voted 4 -0 to approve the reduction in the minimum lot width. PLANNING COMMISSION: Due to the Labor Day Holiday on September 7, 2020, the Owasso Planning Commission will not meet until September 14, 2020. They will consider this item at their regular meeting on September 14, 2020. ATTACHMENTS: Aerial Map Zoning Map Land Use Master Plan Map SUP Site Plan Package 'E' ;120• STN �' i ,f ' i� 169 AL R�L Subject Tract I i _ Lam. j$ ♦ k- w - q..... ' J )C e_' ��. • .� ;, - 169 t' ICJV syIq .f v Note: Graphic overlays may 0 « 100 200 400 ANN not precisely on the with physical ®Subject SUP 20 -01 / (eafuro Date: February Tract I 1 I i I 04 21 -14 \Y�Y/ Aerial Photo Date: February 2016 Feet Surrounding Zoning SUP 20 -01 Tommy's Car Wash cs i - = Nrop I fiCN, . �• � �• p L P �I r � � � ! �ni�t 1• I�sm.w t c L ng��5 r JI ' ` E 116th St N •�- Iii jI ! +. .� __ RS -3 CS t N 0 Commercial E Industrial Lake ❑ Neighborhood MX Fj Parks / Recreation N Public/ Institutional ❑ Residential Transitional Land Use Master Plan SUP 20 -01, Tommy's Car Wash 1i N Ot i� e0 • e40'� N ®�� ® C9tl Of'0 CEDAR CREEK rnvaso.aNUiow SOME SITE PLAN C1.00 oa Pn�a a. ow.om� e.4 t.. oa • e40'� N ®�� ® C9tl Of'0 CEDAR CREEK rnvaso.aNUiow SOME SITE PLAN C1.00 II C! ��WCIIYI�CY ^ -1 p p® ^n Y�J✓ .r .e SI <i oRO i FI� .o I i I i i !e5 AI �u Y� °I �I ro 11 II 1 1 / Ft- TREEP TNNTTIINNGG ° '� J ✓sro✓✓ TW.$ RUB�P�TIN✓B_W rtuu�+�iw'nsm rtu��a��'T✓wlw�i..r,wu: ITT IOOr-.c.��n�F�3om�r, JLEDAR REEK i�e umi p� OWA980.gWIp1u LANDSCAPE PLAN L1.0 Customer Location Date Revision N 135th E Ave & E 116th St N, Owasso, OK 74021 04/3020 U.fidwld W—n ,: W. A..t —Whl end - ,.wl.. .nd..uo 1A.W.mW.s.1 ..d md. w.ra. efT.mW GrWuh Syw Ax un.mhwk.d uw wdlu6.un.(., p.nlu 4Dmf. k nddF/prahibll.d.lhk.,k lr Ih. aM.WrM pmp.d,(T..M,Gr W..h Sll.mr.All.lghu nnmd. 5 TOMMY CAR WASH SYSTEMS 130' Tunnel I 11 Vacuums 12 Pay Lanes Page 1 Customer Location N 135th E Ave & E 116th St N, Owasso, OK 74021 Date 04/30/20 Revision i 1 Ce.W.nrol Mesh, Th "S. wmeN. -4 wnNrvu. welid.nVd lnf..n , i.,.e.nd rode semb ofyeowy Cn W.sh Sye4nu. My wsNhetlutl use or dl¢lowu of. ny ponlw Nsroh Is Id.dypmhibll.d, mu uciY bIheeulu.'va pmp. nY.f rommy ar W.sh syn. —Al dyhn. —J. TiWASH MMY CAR SY SIEMS Site Plan 130' Tunnel 111 Vacuums 12 Pay lanes Page 2 Customer Location N 135th E Ave & E 116th St N, Owasso, OK 74021 Date 04/30/20 Revision 1 fnnMmihl W.min9° UM1 af.., oongF..nd mnu1W... madmd.l lnfomullon . Im.gn.nd ludvamb ofTnmmy or Ww, syn.muMy...mh.rd.d umm dlod.. of,ny PPmon m.rotlr an =urPmhmu.a.nn.w.al.u,...aWw. PI.P.Iy PIT.m.Y Or Wnh Syann.Jdl dgho r.wwa. TOMMY CAR WASH SYSTEMS • Front Ek 130' Tunnel I 11 Vacuums 12 Pay Lanes M o Page Customer Location N 135th E Ave & E 116th St N, Owasso, OK 74021 Date 04/30/20 1 Revision 1 coardmtlal Wnning: Th6 Neal c n.la% and eannlwle. aanna.mlal mramman, lms as ana Iraq. w. nla,fTan,my orW..h snl.^'.. My .... bonmd., ora¢elo.ur.eboy pedlan Namf, 4.Vinly pmhlbllad.Thp w (k ltlM1oa'oW.ba pFopany or Tmomy UrWa Syaem..nlfMhum.Nod, I TOMM Y Y � HCARWAM 130' Tunnel 111 Vacuums 12 Pay Lanes Page 4 sd REAL fte la REAL CMIaela,•RFAL Commonly TO: The Honorable Mayor and City Council FROM: Karl Fritschen RLA, AICP Planning Manager SUBJECT: Specific Use Permit (SUP 20 -02) - Grease Monkey DATE: September 4, 2020 BACKGROUND: The Community Development Department received an application for review and approval of a Specific Use Permit for Grease Monkey, a proposed auto maintenance and garage facility. The property is located at approximately 13311 East 116th Street (1 /4 mile west of US Highway 169) on the north side of East 1161h Street North, west of the Taco Bell restaurant). The property is approximately 0.47 acres in size, and is currently zoned Commercial Shopping (CS). The applicant intends to develop an oil change and general car maintenance facility on the property. SURROUNDING ZONING: Direction Zoning Use Land Use Jurisdiction Auto Maintenance Garage Land Use Master Plan Commercial Plan Yes; OPUD 05 -02A North Commercial Shopping Undeveloped Commercial City of Owasso Storm Siren Fee of ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre South Commercial Shopping CS Undeveloped Commercial City of Owasso East Commercial Shopping Undeveloped Commercial City of Owasso West Commercial Shopping Undeveloped Commercial City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 0.47 acres +/- Current Zoning Commercial Shopping CS Proposed Use Auto Maintenance Garage Land Use Master Plan Commercial Within PUD? Yes; OPUD 05 -02A Within Overlay District? Yes; US -169 Overlay Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee of ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre ANALYSIS: A Specific Use Permit (SUP) is required in certain zoning districts for uses that may be considered more intensive than what is allowed by right through the City of Owasso Zoning Code. The subject property is located within a CS district, which does not allow for repair garage or auto maintenance -based developments unless the developer can obtain an SUP. The subject property was zoned CS under OPUD 05 -02A (Ordinance 1060 in 2015). Owasso Planned Unit Development (OPUD) 05-02A amended OPUD 05 -02 by shifting density allowances Page 2 SUP 20 -02 to areas different than originally intended and allowing multi - family development within the PUD's commercially -zoned areas. Additionally, the subject property is surrounded by existing commercial developments, and the GrOwasso Land Use Master Plan identifies this area for commercial uses. Considering this and the existing zoning of CS on the subject property, staff has determined that a commercial land use such as an auto maintenance garage may be appropriate, if the correct controls are utilized with an SUP. The applicant has worked with staff to design the site and structure in an appropriate manner that conforms to the design requirements of the Zoning Code. The proposed garage facility features three drive -in work bays, and a small office and waiting area for patrons to use while their vehicle is being serviced. All of the design features of the property meet the US -169 Overlay District design standards set out in the Owasso Zoning Code. The applicant intends for the proposed garage facility property to be platted alongside a proposed adjacent auto wash facility, thus creating what is essentially a single automotive service -based commercial center. Further, the two lots will be served with one existing driveway off of East 116th Street North, which essentially makes these two lots function as one. The subject property will share parking with the proposed adjacent car wash. The lot, that the subject property is comprised of, does not meet the minimum frontage requirements for the CS district within the Owasso Zoning Code. As such, the applicant was required to obtain a Zoning Variance from the Owasso Board of Adjustment (BOA), allowing a reduction in the minimum lot width required for this proposed development. BOARD OF ADJUSTMENT: The Owasso Board of Adjustment heard the variance case (OBOA 20 -04) concerning the lot width of this property at their regular meeting on August 25, 2020. They voted 4 -0 to approve the reduction in the minimum lot width. PLANNING COMMISSION: Due to the Labor Day Holiday on September 7, 2020, the Owasso Planning Commission will not meet until September 14, 2020. They will consider this item at their regular meeting on September 14, 2020. ATTACHMENTS: Aerial Map Zoning Map Land Use Master Plan Map SUP Site Plan Package Ilk A A_ Subject Tract 2r CZP Qg` _77 - LW 9.9@R IM f4r nn ex-- 0, Z4 7., 1% A ER_ AA *A A 17-9 I rAT 'J Avg-' Note: Graphic overlays may not precisely align with physical features on the ground. L.A Subject Tract SUP 20-02 N 0 100 200 400 1 1 1 0421-14 +_ Aerial Photo Date: February Feet RS -3 Surrounding Zoning SUP 20 -02, Grease Monkey CS Subject = Property 77.. wig" �A RS -3� CS C c v7 rn r N N Commercial N Industrial Lake F] Neighborhood MX Parks / Recreation 0 Public/ Institutional ❑ Residential Transitional Land Use Master Plan SUP 20 -02, Grease Monkey r N III !IE 0 CEDAR CREEK fY ea5 .g 3 •y 9 Y 0.... aaurow SITE PLAN C1.00 f ..e- Bv ou a�a i ei rrumu O u 0 o a ® nawux.me r.� CEDAR CREEK fY ea5 .g 3 •y 9 Y 0.... aaurow SITE PLAN C1.00 IANG.RCpPE NJTES Ruwr usr II4; .- - -- .....N - l <,k�o TREEPINfIING Im... r III I III J e$ I wPm I •E � •••°• i ➢P. SHRUB PIANTING:W q. p- -� I ' III I ' II �I III I III I e I III — ir TO II I. 11" TO «o '�I�enw VWD SCAPE PIAN L1.0 sd NEgL PaoW� • •EAL ClnnCllr•. NERL CommunXy TO: The Honorable Mayor and City Council FROM: Linda Jones Finance Director SUBJECT: Special Efficiency Audit DATE: September 4, 2020 BACKGROUND: The City pays outside entities for electric, natural gas, and water. The City seeks to audit these bills to ensure that we have been charged the correct rates for the past four years. We also propose to check the bills for property not owned by the City, i.e. street lights, and to verify that the street lights owned by the City are computed using the correct wattage. Secondly, the proposed audit would verify that franchise taxes have been correctly calculated and remitted to the City. Finally, the audit would confirm that businesses located within City limits have been remitting sales and use taxes to the State under the City's identification code so that the City receives these tax payments. They specifically check newly incorporated areas to make sure that remittances are correctly coded to the City and not just the County. In compensation, TriStem would be paid 30% of revenue generated as a result of the audit retroactively for the past four years and prospectively for the next 12 months. ACTION TO DATE The City evaluated two proposals to do special audits of the following: • Utility expenses, i.e. electric, gas, water • Tax collections, franchise, sales, use taxes Staff has placed on item on the September 8, 2020 agenda for discussion. ATTACHMENT: TriStem Consulting Agreement TAI STS. CONSULTING AGREEMENT THIS AGREEMENT, entered into this day of, 20� by and between C1 H i C"i we Ss? hereinafter referred to as CLIENT, and TRISTEM, LTD., hereinafter referred to as TRISTEM or CONSULTANT, and covers the relationship of CONSULTANT and CLIENT. Utility Bill Audit TRISTEM will conduct an audit of prior utility billing and payments to determine that amounts billed by vendors have been accurate. TRISTEM will also determine if there are alternative rates or other mechanisms that would result in savings for CLIENT's accounts. TRISTEM will notify CLIENT of the results of the audit, will seek to obtain refunds from vendors for any past overbillings which have occurred, and will work to implement all CLIENT approved savings measures. As a fee for these services, CLIENT agrees to pay TRISTEM 30% of any refunds CLIENT receives from its utility providers as a result of TRISTEM' S services or audit process, or any part thereof, plus 30% of any approved and implemented savings (billing reductions) resulting from TRISTEM'S work fora period of twelve (12) months beginning with the first month during which savings are realized. Franchise Fee Audit TRISTEM will conduct an audit of prior utility franchise fee payments made to the CLIENT to determine that amounts paid by utility vendors have been accurate. TRISTEM will notify CLIENT of the results of the audit, will seek to obtain refunds from utility vendors for any past underpayments which have occurred, and will work to implement all franchise fee correction measures. As a fee for these services, CLIENT agrees to pay TRISTEM 30% of any reimbursements CLIENT receives from its utility providers as a result of TRISTEM' S services or audit process. Consultant Fees CONSULTANT'S fee is not due until CLIENT receives refunds and/or billing reductions from utility vendor(s). CLIENT agrees to pay CONSULTANT'S fee within 30 days of receipt of TRISTEM's invoice, whether refund is in the form of cash, credit to accounts, in -kind contributions or any other form of payment or reimbursement. If future considerations are given in lieu of refunds, TRISTEM will receive the same percentage of the value of the future considerations, as TRISTEM would have received for refunds obtained. CLIENT retains TRISTEM for audit services for (please check desired services): ✓Electric (including metered & unrnetered accounts) ✓ Natural Gas Water /Sewer _ Waste Telecommunications (includes local, long distance and cellular) Franchise Fees ales Taxes Other. U,5 e_ AGREED AND ACCEPTED: BY: Title FIM TRISTEM, LTD. Signature Title EXT-RlSTEM CONSULTING AGREEMENT ADDENDA It is common for utility providers (especially power companies), to indulge in circumventing TriStem's efforts to correct billing errors that might potentially result in refunds to TriStem clients. History substantiates that utility providers will attempt to convince TriStem clients the can get a "better deal" by consulting directly with the utility provider. In order to resolve these issues, we have observed and learned the following truths, in our 41+ years of experience: • Utility providers have spoken untruths to our clients about our services in order for the utility provider to continue taking advantage of the customer through billing errors. • Utility providers don't want to admit they have made mistakes. • Acceptance of our findings will result in refunds to our clients. • Utility providers have been known to use many tricks and schemes to deviate from the truth, in order to prove TriStem's findings are in error. • It is in the best interest of the client for TriStem to negotiate directly with the utility provider to resolve any relevant issues. • The client hereby agrees to allow TriStem to act as its sole agent to negotiate with utility providers. • The client will avoid any discussion with the utility provider in regards to the TriStem audit. AGREED AND ACCEPTED: CLIENT: BY: Signature DATE: TRISTEM, LTD. BY: Title Signature Title ELECTRIC AND UTILITY PROVIDER BILLING AUDITS 63S N. Robinson Drive, Suite G • Robinson, TX 76706 • (254) 420 -1200. 1- 800 - 234 -7937 • FAX (254)300 -9029 • email: audit @tristem.com sd HEAL P..11. • HEAL Ch...., REAL CammuNly TO: The Honorable Mayor and City Council FROM: David Hurst Fire Chief SUBJECT: New Pumper Purchase DATE: September 4, 2020 BACKGROUND The fire department staff routinely evaluates the operational suitability and condition of each pumping apparatus. After a thorough evaluation, staff has determined that there is a need to replace Engine No. 1, which is a critical component of the fire department's ability to deliver reliable emergency services. Engine No. 1, a 2007 model year Pierce pumper, was purchased from an area vendor, Midwest Vehicle Professionals, and placed into service in the Fall of 2007. Since 2007, the apparatus has been utilized as a front -line response unit. The thirteen - year -old Engine has 12,840 engine hours and 44,773 road miles of use. The cost to repair and maintain the 2007 Engine have been steadily increasing over the past few years, as well as the amount of time the apparatus is placed out of service for repairs and maintenance. Replacing this unit, at this time, will improve reliability for Fire Station No. 1 area of response, decrease out of service time and decrease repair costs. The current Engine No. 1, if replaced, would be retained in reserve status and utilized as a secondary response unit. It would be placed in- service when other apparatus are out of service for preventive maintenance /repairs and utilized in training, . keeping primary response units in- service during training evolutions. Having a reserve apparatus also provides additional Insurance Services Office (ISO) points. FUNDING: In April of 2017, the Capital Improvements Committee held a meeting and approved a recommendation to the City Council amending the list of eligible projects to include Public Safety Vehicles. In June of 2017, the City Council approved Resolution 2017 -05, amending the Capital Improvements project list to include Public Safety Vehicles. Fire department staff coordinated the availability of funding with the Finance Department to align with the anticipated purchase. The budgeted amount of $780,000.00 was programed for the completion of this project. Staff anticipates the total cost of this project to be within the budgeted amount. PRE -PAY DISCOUNTS: Based upon a 9 to10 -month total order -to- delivery process of a pumper truck, and a vendor interest rate of 3.30 %, if the City were to select the option to pre -pay when the order is placed, an interest cost savings of $22,135.83 would be applied to purchase. Page 2 of 2 Pumper Truck HGAC PURCHASING PROGRAM: To reduce the overall cost, and the timeline of purchasing a new pumper truck, in comparison to the associated cost and time of utilizing the traditional local bidding process, staff has determined that the use of cooperative purchasing, such as has been utilized for previous purchases of fire pumper trucks, is the most effective and cost - efficient purchasing method to utilize. The Houston - Galveston Area Council (HGAC) is a regional council of governments operating within the laws of the State of Texas and governed by a board of 35 elected officials from 13 counties. The HGAC Board awards all contracts, which are then made available to local governments nationwide through the HGAC Buy Program. The HGAC Buy Program is very similar to the Oklahoma State Bid Program and meets the requirements of the State of Oklahoma Statutes Title 74 State Government Chapter 31 Inter -local Cooperation Act. The HGAC uses mass circulation, print media, and internet services to post legal notices and bid solicitations. Which satisfy public notice and formal competitive bid processes. All products offered through the HGAC Buy Program have been awarded by virtue of a public competitive bid process. Staff has consulted the City Attorney and a review of City Ordinance Section 7- 105.6. Bidding has been conducted. It has been determined that the HGAC Buy Program meets the requirements of the City of Owasso purchasing procedures. PURCHASING: To ensure the lowest cost possible for the purchase of a new pumper, staff has determined that it is in the City's best interest to take advantage of receiving price discounts for pre - paying and participating in the HGAC Buy Program. 2020 Pierce Enforcer Pumper w/o discounts $670,452.74 Pre-pay Discount $22,135.83 Total cost 2020 Pierce Enforcer Pumper after discounts $648,316.91 PROPOSED ACTION: Staff anticipates placing an item on the September 15, 2020, City Council agenda for consideration and action relating to the purchase of, and payment for, a 2020 Pierce Enforcer Pumper, utilizing the Houston - Galveston Area Council Buy Program Contract # FS12 -19, out of the Capital Improvements Fund, in an amount not to exceed $648,316.91, from Conrad Fire Apparatus of Olathe, Kansas, along with purchase and payment of National Fire Protection Association (NFPA) and ISO associated firefighting equipment utilized to place the pumper in- service from various vendors in an amount not to exceed $131,683.09. sd P••pl••REPLGh•M• r•R LC Mm nlb TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director SUBJECT: Funding Agreement, East 76th Street North Railroad Crossing Improvements DATE: September 4, 2020 BACKGROUND: In November 2019, staff and members of the Oklahoma Department of Transportation (ODOT) Railroad Division met at the East 76th Street North Rail Crossing, just west of City Hall to discuss future improvements. An ODOT inspection team graded the crossing as in poor condition and were developing a plan for to improve the pavement surface, as well as, install railroad crossing gate arms with flashing lights. SCOPE OF WORK: On June 1, 2020, the Oklahoma Transportation Commission authorized state apportioned Federal -aid funds to match City participating funds for Railroad Crossing Improvements in the City of Owasso, designated as Federal -aid Project NHHP -272N (324) RR, JP # 34640(28) consisting of improvements to railroad crossing as follows: • Improve the crossing by adding cantilever mounted flashing light signals with gate arms utilizing prediction circuitry • A 64' full depth concrete surface • 200' of 4' wide raised concrete median using 8" non - mountable curb • Two R4-7 merge right signs • Two W10-1 railroad advanced warning signs • Four sets of railroad advanced warning pavement markings, lane striping and stop bars • Motor Vehicle traffic will be rerouted via Main Street, East 86th Street North and Memorial Drive as necessary during construction. PROPOSED AGREEMENT /RESOLUTION: In July 2020, ODOT sent an agreement to the City of Owasso with a funding breakdown for the project. The breakdown is based on the engineer's construction estimate provided by ODOT. Federal Highway Administration (FHWA) railway funds will fund 90% of eligible project costs for the flashing light signal crossing improvements, with a 10% local match. Furthermore, FHWA will fund 90% and South Kansas and Oklahoma Railroad will fund the remaining 10% of the repair to the street approach on each side of the crossing. The following table is a breakdown of the proposed funding agreement: East 76th Street North Railroad Crossing Improvements Funding Agreement Page 2 of 2 Project Segment TOTAL ODOT Portion City of Owasso SKO Railroad Signal Improvements $327,180.00 $294,462.00 $32,718.00 Surface Improvements $105,614.00 $95,052.60 $10,561.40 Total Project Cost $432,794.00 $389,514.60 $32,718.00 $10,561.40 When originally proposed, the project was slated for July 2021, so funding for the City portion of the project was not included in the FY 2020 -2021 budget. Given the importance of the project, and that the accelerated project schedule makes the outside funding available for immediate use, staff intends to propose moving forward using a budget amendment to cover the City's portion. FUNDING: The FY 2020 -2021 Streets Division Budget did not include funding for the proposed improvements. As a result, a carryover of funds from the FY 2019 -2020 Streets Division Fund will be needed to fund the agreement. PROPOSED ACTION: An item has been included on the September 8, 2020, work session agenda for discussion. Staff anticipates seeking City Council consideration and action on the proposed Funding Agreement between City of Owasso and Oklahoma Department of Transportation for the railroad crossing improvements located at East 76th Street North and Atlanta Road. Furthermore, staff anticipates seeking City Council consideration and action on a budget amendment in the General Fund increasing the appropriation by $32,718.00 by utilizing carryover FY 2019 -2020 Streets Division Funds. ATTACHMENTS: Site Map Funding Agreement Invoice Pu I i c lNorks Fa&I ty E 76 St N - Railroad Crossing Improvements .5. \ ll �� it 128 r clj 1 18 �I Op • �1' t s=? ' r S. - log o a rt g, a ,. V =150 ft Sub Title 0813112020 This map may represents a visual display of related geographic information. Data provided here on is not guarantee of acutual field conditions. To besure of complete accuracy, please contactthe responsible staff for most up- to-date information. PROJECT AGREEMENT FOR FEDERAL -AID RAILROAD PROJECT NHHP- 272N(324)RR, JP #: 34640(28) AT THE AT -GRADE CROSSING OF THE SOUTH KANSAS & OKLAHOMA RAILROAD AT WEST 2 ND AVENUE / EAST 76TH STREET NORTH IN OWASSO, TULSA COUNTY, OKLAHOMA DOT #: 008569V BY AND BETWEEN THE CITY OF OWASSO, TULSA COUNTY THE OKLAHOMA DEPARTMENT OF TRANSPORTATION This AGREEMENT, entered into the day and year last written below, by and between the City of Owasso, Oklahoma, hereinafter referred to as the CITY, and the Oklahoma Department of Transportation, hereinafter referred to as the DEPARTMENT, for the following intents and purposes and subject to the following terms and conditions: WITNESS TO: That the DEPARTMENT propose to make improvements to the railroad crossing as directed by the Oklahoma Transportation Commission at their meeting of June 1, 2020 authorizing State apportioned Federal -aid funds and CITY funds for participation in the project for Railroad Crossing Improvements in the City of Owasso, designated as Federal - aid Project NHHP- 272N(324)RR, JP # 34640(28) consisting of improvements to railroad crossing as follows: West 2nd Street / East 76th Street North in Owasso, Tulsa County improvements include the following: • Cantilever mounted flashing light signals with gate arms utilizing prediction circuitry • A 64' full depth concrete surface • 200' of 4' wide raised concrete median using 8" non - mountable curb • Two R4 -7 merge right signs • Two W10 -1 railroad advanced warning signs • Four sets of railroad advanced warning pavement markings, lane striping and stop bars • Motor Vehicle traffic will be rerouted via Main Street, East 86th Street North and Memorial Drive as necessary during construction. The location and type of any proposed construction is to be as shown on the site plans prepared by the DEPARTMENT and by reference made part of this AGREEMENT. Such plans are to be in accordance with the Oklahoma Standard Specifications for Highway Construction. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. The DEPARTMENT agrees to provide the Location Site plans. Design engineering for this project will be provided by the RAILROAD. No change in plans or specifications shall be made without written consent of the parties hereto. 2. Total cost of this project is estimated at FOUR HUNDRED THIRTY -TWO THOUSAND SEVEN HUNDRED NINETY -FOUR DOLLARS AND NO CENTS ($432,794.00). It is agreed that this project will be financed as follows: Signal Improvements 90% Federal -aid Railroad Highway Grade Crossing funds at TWO HUNDRED NINETY -FOUR THOUSAND FOUR HUNDRED SIXTY -TWO DOLLARS AND NO CENTS ($294,462.00), 10% matching City funds at THIRTY -TWO THOUSAND SEVEN HUNDRED EIGHTEEN DOLLARS AND NO CENTS ($32,718.00) for the signal installation costs, Surface Improvements • 90% Federal -aid Railroad Highway Grade Crossing funds at NINETY -FIVE THOUSAND FIFTY -TWO DOLLARS AND SIXTY CENTS ($95,052.60), 10% matching Railroad Company funds at TEN THOUSAND FIVE HUNDRED SIXTY -ONE DOLLARS AND FORTY CENTS ($10,561.40) for the surface installation costs. The estimated time for commencement of construction for this project is 12 months from the date of issuance of the Oklahoma Department of Transportation work order. 3. The CITY agrees that local funds shall be used to provide their obligations of 10% of the Signal construction costs which shall be deposited with the DEPARTMENT prior to issuance of a work order or the end of the current fiscal year, whichever first occurs. 4. Upon approval of this AGREEMENT and the plans and specifications, by the Federal Highway Administration, the RAILROAD shall install the improvements designated as Federal -aid Project NHHP- 272N(324)RR, J/P No. 34640(28). 5. The CITY and DEPARTMENT agree that the final adjustments in the total cost will be made upon the completion of this project. Upon completion of the railroad crossing installations provided for herein, the CITY shall, thereafter, at its own expense, maintain the advance warning signing and striping. It is understood and agreed that the railroad crossing installations specified hereunder shall not be altered, removed, or cease to be operative without mutual written consent of the DEPARTMENT and the CITY. 8. The CITY shall by resolution, duly authorize the execution of this AGREEMENT by proper officials, and attach copies of such resolution. IN WITNESS WHEREOF, the Deputy Director, pursuant to authority vested in them by the State Transportation Commission, has here into subscribed their name as Deputy Director of the Oklahoma Department of Transportation and the CITY has executed same pursuant to authority prescribed bylaw. The official execution date for the CITY and the DEPARTMENT contract is the latest signature on this page. Gt111*1i City Clerk, Juliann M. Stevens Date (Seal) CITY OF OWASSO, TULSA COUNTY, OKLAHOMA Mayor, Bill Bush APPROVED AS TO FORM AND LEGALITY City Attorney, Julie Lombardi Date OKLAHOMA DEPARTMENT OF TRANSPORTATION RECOMMENDED Rail Programs Division r- 199z1kkyra• Date Director of Capital Programs Date 4 REVIEWED AND APPROVED AS TO FORM AND LEGALITY ODOT General Counsel Date Deputy Director Date OKLAHOMA DEPARTMENT OF TRANSPORTATION INVOICE Make Check PAYABLE, and MAIL TO: Oklahoma Department of Transportation To: Roger Stevens, City Manager City of Owasso PO Box 180 Owasso, Ok 74055 -0180 Comptroller Division 200 N.E. 21st Street Oklahoma City, OK 73105 -3204 Location: West 2nd Avenue AARDOT No. 008569V Division Name: Rail Programs Date: 7/2/20 Description - Explanation of Charge Quantity Price Each Total JP #:34640(28), 10% city match for railroad signal improvements at West 2nd Avenue in Owasso, 1 $32,718.00 $32,718.00 Tulsa County. Accounting Use Only Invoice Total $32,718.00