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Home My WebLink About2008.08.11_Planning Commission AgendaRecord Copy PUBLIC NOTICE OF THE MEETING OF OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: August 11, 2008 TIME: 6:00 PM PLACE: Old Central 109 North Birch NOTICE FILED BY: Larissa Damaby TITLE: City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 4:00 PM on August 5, 2008. n Larissa Darnaby, City Pla er OWASSO PLANNING COMMISSION Monday, August 11, 2008 at 6:00 PM Old Central 109 North Birch AGENDA Call to Order 2. Roll Call 3. Approval of Minutes from the July 7, 2008 Regular Meeting. 4. Lot Split- OLS 08 -05- The City of Owasso has received a request for the approval of a Lot Split/Lot Tie agreement proposing to remove 18' in width from the parent tract, located at 11104 East 121st Street North, and adjoining to the adjacent tract, located at 11112 East 12151 Street North. 5. Lot Split OLS 08 -06- The City of Owasso has received a request for the approval of a Lot Split proposing to split approximately .5 acres of land into two parcels, on property located at 708 North Carlsbad. 6. Final Plat — Burberry Place— The City of Owasso has received a request for the review and acceptance of the Burberry Place Final Plat of eighty -nine (89) residential lots, in seven (4) blocks on approximately 29.82 acres, on property located on the south side of East 106th Street North and about a half of a mile east of North Garnett. 7. Final Plat — The Sevens— The City of Owasso has received a request for the review and acceptance of The Sevens Final Plat. The Final Plat proposes five (5) lots in one (1) block on approximately 7.5 acres of property, on property located on the east side of Garnett Road along the west side of the Owasso Expressway, south of what is recognized as Smith Farms. 8. Election of Planning Commission Officers — The Chairman. 9. Election of Planning Commission Officers — The Vice Chairman. 10. Presentation by the Economic Development Director regarding the upcoming Hotel Tax Increase being voted upon August 26, 2008. 11. Report on Monthly Building Permit Activity. 12. Economic Development Report. 13. Report on Planning Items Previously Forwarded to City Council. 14. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, July 7, 2008 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Charles Brown Marilyn Hinkle Duane Coppick MEMBERS ABSENT David Vines Dan Draper STAFF PRESENT Eric Wiles Larissa Darnaby Chelsea Harkins Marsha Hensley Daniel Dearing Julie Lombardi Dan Salts The agenda for the regular meeting was posted at the north entrance to City Hall on July 2, 2008 at 1:00 PM. 1. CALL TO ORDER - Duane Coppick called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF JUNE 9, 2008 REGULAR MEETING - The Commission reviewed the minutes of June 9, 2008 regular meeting. Marilyn Hinkle moved to approve the minutes and Charles Brown seconded the motion. A vote on the motion was recorded as follows: Duane Coppick - Yes Marilyn Hinkle - Yes Charles Brown - Yes The motion was approved 3 -0. 4. Utility Easement Closure - A request to review and approve the partial closure of a utility easement, located on property recognized as Lot 18, Block 9, Lake Valley III. Duane Coppick presented the item and the staff report was reviewed. Larissa described the property location. The tract is zoned RS -3 (Single Family Residential) use. The applicant desires to close a portion of the existing 10' utility easement in order to construct a single - family dwelling unit. The easement is not in use. If the closure request is approved, the existing 10' utility easement would be modified to a 5' utility easement. Staff recommends approval. Duane Coppick moved to approve the easement closure. Marilyn Hinkle seconded the motion. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION July 7, 2008 Page No. 2 Duane Coppick — Yes Marilyn Hinkle — Yes Charles Brown — Yes The motion was approved 3 -0. 5. Annexation OA 08 -02 — A request to review and approve an annexation request of approximately 3 acres, more or less, located on the north end of North Carlsbad Street. Duane Coppick presented the item and the staff report was reviewed. Larissa described the property location and the development process. The applicants are requesting to annex approximately 3 acres of land which contain three parcels. The subject tracts have existing single family dwellings. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. The Annexation Committee reviewed the request at their meeting on June 25, 2008. The Committee unanimously recommended approval of the annexation subject to the following condition: • Appropriate right -of -way shall be dedicated for future road improvements. Staff recommends approval of the annexation request. A brief discussion was held regarding the cost of repairs to the streets and drainage repair. Eric Wiles stated that the city has not yet compiled the approximate amount it would take for repairs, but it would be prudent to annex the subject property. Two of the three applicants were present to answer any questions. Marilyn Hinkle moved to approve the annexation. The motion was seconded by Duane Coppick. A vote on the motion was recorded as follows: Duane Coppick — Yes Marilyn Hinkle — Yes Charles Brown — Yes The motion was approved 3 -0. 6. Lot Split — OLS -08 -02 — A request to review and approve a lot split proposing to split Lot 1, Block 1, ROC Owasso, a commercial subdivision, into two parcels. The request is also proposing that a portion of Lot 1, Block 1, ROC Owasso be deeded to Lot 5, Block 1, ROC Owasso, on property located at 12912 East 86' Street North Duane Coppick presented the item and the staff report was reviewed. Larissa described the property location and the development process. The applicant is requesting that a portion of the Lot 1, Block 1, ROC Owasso be deeded to Lot 5, Block 1, ROC Owasso. This would create three parcels. Tract one is recognized as a larger portion of the existing retail shopping center, tract two is recognized as about 1/3 "' of the existing retail center and tract three is the vacated convenient store. The Technical GWASSO PLANNING COMMISSION July 7, 2008 Page No. 3 Advisory Committee reviewed the request on June 25, 2008, there were no comments. Staff recommends approval of OLS 08 -02. Concerns were expressed regarding with the approval of this lot split would there would be adequate parking spaces. Eric explained that since the building was not expanding the parking requirements would remain the same. Duane Coppick moved to approve the lot split. Charles Brown seconded the motion. A vote on the motion was recorded as follows: Duane Coppick - Yes Marilyn Hinkle - Yes Charles Brown - Yes The motion was approved 3 -0. 7. Lot Split - OLS 08 -04 - A request for the review and approve a lot split proposing to split a piece of property being 1.75 acres in size into two parcels, on property located at 711 & 709 North Carlsbad. Duane Coppick presented the item and the staff report was reviewed. Larissa described the property location and the development process was described. The requested lot split is in anticipation of the current owners selling .47 acres of property on the southern end of their residential lot. If the request is approved 65' of the frontage would be split to create the new parcel and later developed in a residential manner. Staff recommends approval of OLS 08 -04. The Technical Advisory Committee reviewed the request on June 25, 2008 with no conditions. Marilyn Hinkle moved to approve Lot Split OLS- 08 -04. Charles Brown seconded the motion. A vote on the motion was recorded as follows: Duane Coppick - Yes Marilyn Hinkle - Yes Charles Brown - Yes The motion was approved 3 -0. 8. Final Plat - Lake Ridge Shopping Center - A request for the review a final plat proposing a commercial lot, in one (1) block on approximately 0.65 acres of land, on property located on the north side of 86' Street North and a quarter of a mile west of 129' East Avenue. Duane Coppick presented the item and the staff report was reviewed. Larissa described the property location and the development process was described. The final plat proposes one (1) lot in one (1) block on 0.65 acres of property. The property is zoned CG (Commercial General). The plat was tabled at the June 9, 2008 meeting in order to provide time for further research regarding mutual access agreements to the west, limits OWASSO PLANNING COMMISSION July 7, 2008 Page No. 4 of no access along East 86'h Street North, identify curb cuts on the adjacent properties and the properties detention. The 45' that is designated for ingress and egress would consist of two points of access, which includes the 30' entrance /exit on the east side of the property and an entrance on the west side of the property being 15'. The plat does show the curb cuts on the adjacent properties and does address the stormwater detention. The Technical Advisory Committee reviewed the request on May 28, 2008 and made the following comment: • Correct the legal description to the "the S 39 036'38 "W" Staff recommends approval of Lake Ridge Shopping Center Final Plat. Discussion was held regarding the points of entrance /exists on the east and west side of the property. Charles Brown moved to approve the final plat subject to the following conditions: • No parking within the 25' mutual access easement • The driveway on the west side shall be an entrance only • Both east and west side accesses should connect at the northern end of the property Duane Coppick seconded the motion. A vote on the motion was recorded as follows: Duane Coppick - Yes Marilyn Hinkle - Yes Charles Brown - Yes The motion was approved 3 -0. 9. Report on Monthly Building Permit Activity 10. Economic Development Report. 11. Report on Planning Items Previously Forwarded to City Council. 12. Adjournment - Duane Coppick moved, Marilyn Hinkle seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Duane Coppick - Yes Marilyn Hinkle - Yes Charles Brown - Yes The motion carried 3 -0 and the meeting was adjourned at 6:45 PM. OWASSO PLANNING COMMISSION July 7, 2008 Page No. 5 Chairperson Vice Chairperson Date MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: LOT SPLIT 08 -05 DATE: JULY 31, 2008 BACKGROUND: The City of Owasso has received a request from Mr. Adams, for the approval of a Lot Split/Lot Tie agreement proposing to remove 18' in width from the parent tract, located at 11104 East 121st Street North, and adjoining to the adjacent tract, located at 11112 East 121st Street North. LOCATION: The subject properties are located at and 11112 East 121St Street North. A general area map is attached for your review. EXISTING LAND USE: Single - Family Dwelling SURROUNDING LAND USE: North: Single Family Residential South: Single Family Residential East: Single Family Residential West: Single Family Residential PRESENT ZONING: RS -3 (Residential Single Family District) DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. If the development is residential a site plan accompanies a building permit for each individual lot. The site plan for the residential development on the lot is reviewed by the City Planner for compliance with the zoning code and the provisions of the final plat. LOT SPLIT REVIEW PROCESS: The Lot Split review process is initiated when a property owner submits an application to the City of Owasso requesting the review and approval of a lot split. The application shall be accompanied by the correct fee, legal description of the undivided tracts and tracts to be created, and survey, site plan or drawing that shows the existing and proposed conditions. Upon receipt of a complete application City staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed Lot Split will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and City staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC will forward their requirements to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will have the final determination on the application. ANALYSIS: As stated above, the requested lot split is in anticipation of the current owners selling a portion of their property to the adjacent tract to the east. The parent tract is an oversized lot located within the Country Estates IX Subdivision and desires to sell a portion of their property to the tract to the east, which is located in the Country Estates XI Subdivision. The lot proposed to be split is currently developed with an existing single - family dwelling unit on the site. The parent tract has a total of 94.5 feet of frontage along East 12155 Street North. The portion of the lot that is being sold to the adjacent property does contain a 17' utility easement that is to remain unaltered through this transaction. The purchasers of the property recognize the easement exists, and simply desire to create a larger rear yard for their existing lot that also contains a single family dwelling unit. If the request is approved the parent tract would be left with a frontage of 76' on East 1215 Street North, and the parcel to the east would have frontage of 88' along East 1215` Street North. The properties are zoned RS -3, and requires that parcels be 65' in width. The request does meet all bulk and area requirements. As previously stated, a lot split is a minor subdivision of previously subdivided land. The Planning Commission may approve a lot split that creates not more than three (3) lots fronting on an existing, dedicated street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not in conflict with any provision or portion of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless approved by the Board of Adjustment) or these regulations. RECOMMENDATION: Staff recommends approval ofOLS- 08 -05. ATTACHMENTS: 1. General Area Map. 2. Lot Split Application. 3. Site Map ! \: %�� }�° ; � \ k�� ^\ \ a�.a �� \.� . , CITY OF OWASSO 'wPIICARON' 055 STE NOTE: Three copies of a sketch, plat of survey or other type of " drawing that will accurately depict the proposed split MUST BE xECewrxO. LOT SPLIT APPLICATION attached to this application. THE FOLLOWING N O O B PLIED Y P I ANT NAME jf��P �RECORD OWNFA WMS IS THByA�°� USE OF THE iMCr1 'Res (/1'IA7, m5 )(�[.m j-�AL .Si Af f°` Wti�in LEGAL DESCRIPTION OF E%IStniO UNGIvmND TMCL. THAT YOU PROPOSE TO SFLR. AS SFIOWN M THE RECORD OF TIM CO T.CIIIC L0�/ W k B S l� O LEGAL DESCRIPTION OF PROPOSED TRACT INST. RELEASED SOURCED VPPLYFORTHISTRACT E" C vlyy �� A wt /__r /r „r " ,%�ii� CI WELL OTHER EV EDISPOSAL TO HBAVAILABLE FOA'nV3 TRACT SEWS SEPTIC OTHER S SiRAR WB.L FACB 0.1 ll� W PAOPOS ®USB OF tHtSTMCC LOT SIZE OFPROPOSED TRACT FT. X FT. LEGAL DESCRIPTION OF PROPOSED TRACT INST. RELEASED SWRCH OF WATER SUPPLY FOA THIS TRAIL V ([C7 '�nn'e�eppJ,(,(� 0'.A9. CI WELL OTHER TYPE WAGEDMPOSALTO BEAVALLABLEFORTHISTRACT "t/�It�t�1..c/�7 wO�L)40 EWR SEPTIC OTHER z W STRIERSQ1.333REM TRACT WR.L PACE 0 � PROP0.SED USE OP TFaSTMCL LOTSIZEOPPROPOSEDTAACr VWl FT. X FT. O LEGAL DESCRIPTION OF PROPOSED TRACT INST .RELEASED SOURCEOPWATEKSUPPLYFORTHISTAACr N W CITY WELL OTHER TYPE OF SEWAGE DISPOSAL TO BE AVALABLE FOR THIS TRACT [) H W3j SEWER SEPTIC OTHER StAEE[OA SfA6hTSTMCr Wa.L FACE qF V LG W PROPOSED USE OF THIS TMCL LOTSIZEOFPROPORMTRACL F FT. X FT. LEGAL DESCRIPTION OF PROPOSED TRACT INST. RELEASED SOURCE OF WATER S WPLY FOR THIS TRACT CITY WELL OTHER €€€+++ TYPE OF SEWAGE DISPOSAL TO BE AVAILABLE FOR THIN TRACT !Y U SEWER SEPTIC OTHER 9TRP.Er OR STREETS SMCLWUl PACE WPROPOSED USE OF TWSTMCT LOP SIZE OF PROPOSED TRACT FT. X FT. CAM. WHAT IS YOUR TS PROPERTY? PRESENT OWNER PHIURCHASER ATTORNEY FOR OWNER OTHER If other than present owner, give name, NAME ADDRESS %^ / 15 !• sf�t /✓a h �" eHO address and phone number of present //�� 1 _ T' 1 lllo2 119-3116 -,W3 owner. V"'AY� 44'4 /I /NSI/ 5I %G j9k 74(07-1 I that this information Pte% certify is true and Correct ./!,}/ST %N.$ / i i�L 9k- y0Z/ FOR COMMISSION USE L NO. LOCATION CODE S. T.0. SUBDIVISIGNNAME ZONMGREQmRE11EI1T MAIOR STREET PLANAEQUP.EAtENL umLry EASESD:M NEEDS HE,V.TH DEPT. NEEDS ACTION RECOMMF n-TO THE PLW.YWO ACTIONTAAFNBYTHBPLANND4G COMMISSION DATE CONDITION: COTnASS10N EXHIBIT 'B' Lot 1 of Block 8 of Country Estates IV Owasso, Tulsa County, Oklahoma E 121 st St N o f LO �j��f Opp S 89 041'11" E 94.52 Ll 25' BUILDING LINE I w w w I I w W w co z I o o Io Or W C) Z o Im � I o° U n 1N' I I� - �- 7' - - -- 13 1 UTILITY EASEMENT 50' 120.00 ' S 89 041'11" E Legal Description A TRACT OF LAND LOCATED IN COUNTRY ESTATES IV, AN ADDITION TO THE CITY OF OWASSO, IN SECTION SIX (6) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.), TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1 OF BLOCK 8 OF COUNTRY ESTATES IV, A SUBDIVISION IN THE CITY OF OWASSO, RECORDED IN THE TULSA COUNTY CLERK'S OFFICE AS PLAT NO. 5427, TULSA COUNTY, STATE OF OKLAHOMA. BASIS OF BEARING IS THE COUNTRY ESTATES IV PLAT. n Nanpnnnrk Su..er'n I'll, nd g. MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND: PLANNING COMMISSION CITY OF OWASSO LARISSA DARNABY CITY PLANNER LOT SPLIT 08 -06 JULY 27, 2008 The City of Owasso has received a request from Mr. & Mrs. Kramer, for the approval of a Lot Split proposing to split approximately .5 acres of land into two parcels, on property located at 708 North Carlsbad. The legal descriptions of the two strips of land are included with this report. LOCATION: The subject property is located at 708 North Carlsbad. A general area map is attached for your review. EXISTING LAND USE: Single - Family Dwelling SURROUNDING LAND USE: North: Single Family Residential South: Single Family Residential East: Single Family Residential West: Single Family Residential (Southern Links) PRESENT ZONING: RS -3 (Residential Single Family District) SURROUNDING ZONING: North: RS -3 (Residential Single Family South: RS -3 (Residential Single Family District) East: RS -3 (Residential Single Family District) West: RS -3 (Residential Single Family District) DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. If the development is residential a site plan accompanies a building permit for each individual lot. The site plan for the residential development on the lot is reviewed by the City Planner for compliance with the zoning code and the provisions of the final plat. LOT SPLIT REVIEW PROCESS: The Lot Split review process is initiated when a property owner submits an application to the City of Owasso requesting the review and approval of a lot split. The application shall be accompanied by the correct fee, legal description of the undivided tracts and tracts to be created, and survey, site plan or drawing that shows the existing and proposed conditions. Upon receipt of a complete application City staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed Lot Split will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and City staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC will forward their requirements to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will have the final determination on the application. ANALYSIS: As stated above, the requested lot split is in anticipation of the current owners to split .23 acres of property on the southern end of their residential lot. The newly created parcel is anticipated to be developed in a residential manner in the future. The lot proposed to be split is currently undeveloped and has a total of 150' of frontage along North Carlsbad. If the request is approved, 70' of that frontage would be split to create the new parcel, and later developed in a residential manner. The existing residential lot would have 80' of frontage on North Carlsbad. The property is zoned RS -3, and requires that parcels be 65' in width. The request does meet all bulk and area requirements. The annexation of the subject tract is in process, the City is currently preparing plans to repair the street, and that, independently of this lot split process, the city is obtaining sufficient right -of- way for future road improvements. A lot split is a minor subdivision of previously subdivided land. The Planning Commission may approve a lot split that creates not more than three (3) lots fronting on an existing, dedicated street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not in conflict with any provision or portion of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless approved by the Board of Adjustment) or these regulations. RECOMMENDATION: Staff recommends approval of OLS- 08 -06. ATTACHMENTS: 1. General Area Map. 2. Lot Split Application. 3. Site Map AG/24/2008 13:32 9163761597 CITY OF OWASSO HAUE 02/04 CITE'' OF OWAiSSO APPLICATION NO. STR ' NOTE: Three copies of a sketch, plat of surveyor oilier type of drnwing that Will accurately depict the proposed Split MIIST BE LOT SPLIT APPLICATION attached to this application. ' PRCRIPTND, T T RECORD OWNY,I4 WHAT IS THE PRA9ENT USE OF TIED TRACT? TOP I I /� a vYa. L/" TO L ICAL DESCRIPTION OF UNWIND I,INDIVIDED TRACT, THAT YDL1 PROI— 'OtE�E RPLIT, AR 9HOWN ON TTHHE 99C.OPRDD OF TIED COUNT( CLERK 0 ❑ (•' fTl LEGAL DESCRIPTION OF PROPOSED TRACT INST.RHLEASED SOURCROFwRrRR SUPPLY FOR THIS TRACT CITY WELL OTHER TYPE aDIgPOSAL TO DE nVNLABLR FOR THIS TnnCr SEWER ) SEPTIC OTHER STneRr .Tg TRncP WILL PACs PROPEcew USE OP THIS TRACT TOT SIRROP PRnIci TRACT FT. X FT. LEGAL DESCRIPTION OF PROPOSED TRACT INST. RELEASED SOURCT SA SUPPLY Ton THIS TRACT GU Se, � (� CITY WALL OTHER TYPD OF DISPOSAI. TO ITS AVAILABLE FOR THIS TRACT WER SErrIC OTHER 4TREBTO ¢ET9 T0.nCT WILL PACE 7 p q V O F, ` \ T PROPOSED USE On Txig TRACT LOT SIZE, OF PROPOAEO TRACT PT. X FT. ^ LEGAL DESCRIPTION OF PROPOSED TRACT INST. RELEASED SOI)RCE OF WATER 9UPPLY FOR THIS TRAOI' CITY WELL OTHP,R TYPB oP SUWAUD m8Pu5 L- To LIH AVTTLAnLN FOR' CUTS 9'R#CT ---CCC SEWER SEPTIC OTHER ^C Pd LT. r STREITT OR 37RERTS TRACT WILL FACR PAOPOSI5D USE OF THIS TRACT' LOT S'ILD UP PK.FOSUU TRACT PT, X FT. LEGAL DESCRIPTION OF PROPOSED TRACT INST. RELEASED SOURCE, OP NATBR SUPPLY FOR THIS TRACT L) CITY WALL OT.HkR 'TYPE OP SDWAUU UISIVSALI A AVNLARLR FOR'REIS YRACT p SEWER SEPTIC OTHER STRBR'r OR NOMFETS TRACT WILL PACE ] q W 4 PROPOSED US E OF THIS TRACT LOT a "19.11 OP PROpUynD'I'RACT Pr. x Pr. LICANT, WHAT IS YOUR 1 IN THIS PROPER ATTORNEY FOR OWNER OTHER If Other thnn present owner, give name, NAMB ADDRESS rNONn nddress and phone number of present owner. NAME, ADDRESS PRONE I CCnify thnt this Inforirtntion is nHo and correct. — E LNG. LOCATION GOOD S. T. a AUe01v1.41CN NAMR 2nNIN0 RROUInnMM1T MNORRTR¢nr PLAN REQUIREMENt UTILITY EASEMEN7NEBD9 HEALTiI DEPT, NDDDA nCTION n RCOMMDNUUD'I'O TAR CANNING ACTION TAKEN BY THE, PLANNINU COMMISWON DATE NDInUN: I T LOCATION MAP SKETCH PLAT STATE OF OKLAHOMA TULSA COUNTY PREPARED FOR: RICHARD KRAMER FINEW SCALE 1 "= 30' TRACT A A tract of land described as beginning 1055 feet North and 592 feet West of the Southeast Corner of the SE /4 of the NW /4 of Section 30. Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma; thence North 80.00 feet; thence East 144.4 feet; thence South 80.00 feel; thence West 144.4 feet to the Point of Beginning. TRACT B A tract of land described as beginning 985 feet North and 592 feet West of the Southeast Corner of the SE /4 of the NW /4 of Section 30. Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma; thence North 70.00 feel; thence East 144.4 feel; thence South 70.00 feet; thence West 144.4 feet to the Point of Beginning. �i o °I ° xl� a O) S n i I �I wIJ 1 =I NI I SED 11/13/2000 MER PAYNE SURVEYING SERVICE 1216 W. WILL ROGERS BLVD. CLAREMORE, OKLA. 341 -0617 2368 LOT 11 BLOCK 2 125.00 LOT 12 SOUIHFAST CORNER SE /4 NW /4 SEC. 30, T -21 -N, R -14 -E RANDALLb'�e'- 50.00 --I 144.40 25.0;:::::':`::;2,, 0 50 FOOT EASEMENT TO TULSA COUNTY FOR PUBLIC LOT 14 ROAD RECORDED IN BK. 4247 PG. 682 TRACT A I BLOCK 3 I I .:: 11551.19 sq it 0.27 acres I ADDITION I TRACT A 144.40 50.00 I TRACT B I o°:...;' 10107.19 s it ...ii: 0.23 acrta TRACT B 144.40 x._0 119.40 125.00 PAYNE SURVEYING SERVICE 1216 W. WILL ROGERS BLVD. CLAREMORE, OKLA. 341 -0617 2368 LOT 11 BLOCK 2 125.00 LOT 12 SOUIHFAST CORNER SE /4 NW /4 SEC. 30, T -21 -N, R -14 -E RANDALLb'�e'- 50.00 LOT 14 BLOCK 3 119.40 HALE ADDITION LOT 13 50.00 PAYNE SURVEYING SERVICE 1216 W. WILL ROGERS BLVD. CLAREMORE, OKLA. 341 -0617 2368 LOT 11 BLOCK 2 125.00 LOT 12 SOUIHFAST CORNER SE /4 NW /4 SEC. 30, T -21 -N, R -14 -E RANDALLb'�e'- MEMORANDUM TO: OWASSO PLANNING COMMISSION CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: FINAL PLAT — BURBERRY PLACE DATE: JULY 29, 2008 BACKGROUND: The City of Owasso has received a request from Bailey Ranch Investments, LLC., for the review and acceptance of the Burberry Place Final Plat of eighty -nine (89) residential lots, in seven (4) blocks on approximately 29.82 acres. LOCATION: The property is generally located on the south side of East 106'h Street North and about a half of a mile east of North Garnett Road. A general area map that further depicts the subject property's location is attached EXISTING LAND USE: Undeveloped SURROUNDING ZONING: Southwest: Single - Family Residential- Sawgrass I & Il East: Agriculture - Undeveloped Southwast: Large Lot Residential ZONING HISTORY: June, 2007: The Owasso Planning Commission approved a preliminary plat for Maple Glen with the following conditions: • Indicate a sidewalk along E. 106`h St. No. and the reserve • Show adjacent property owners • Show additional U/E provided by ONG & Cox • Confirm the rural water districts 4" water line location • Show a 20' U/E for Rural Water; include standard utility provider language in plat covenants DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. FINAL PLAT REVIEW PROCESS: The Final Plat review process is initiated when a property owner submits an application to the City of Owasso requesting the review and acceptance of a subdivision of land. The application shall be accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot on one block the applicant may forego the Preliminary plat review, in such case the applicant will be responsible for submitting a certified abutting property owners report at the final plat stage so that staff may notifying abutting property owners. Upon receipt of a complete application city staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed final plat will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC will forward a recommendation to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the final plat meets city specifications and approve, deny, or approve the final plat with conditions. If the City Council approves the Final Plat the applicant will then produce copies of the approved Final Plat for signatures from the appropriate officials and file it with the county clerk's office. The applicant will provide the city with three signed and recorded plats along with an 8 %2 X 11 copy and an electronic copy for records. ANALYSIS: The current owner /developer of the subject property plans to develop the area with eighty -nine (89) residential lots in four (4) blocks, on 29.82 acres of land. The proposed development is allowed by right with the RS -3 Zoning Designation. Three reserve areas have been included in the platted area, Reserve Area "A" being a detention pond, and will be reviewed as to their adequateness at providing detention for the property. Before any building permits may be issued, all details related to water and wastewater improvements must be reviewed and approved by the Owasso Public Works Department. The proposal for single family homes on the Burberry Place final plat is consistent with the Owasso Land Use Master Plan and is compatible with the most recent zoning decisions rendered by the Owasso City Council and Planning Commission for the area. The Burberry Place final is subject to all requirements set forth in the Owasso Zoning Code and Subdivision Regulations, including livability space, which is the area of a given lot less areas dedicated to easements and /or building setbacks, unless otherwise addressed within the Planned Unit Development. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including, but not limited to, paved streets and sidewalks. The proposed development will require no significant expansion of utilities or infrastructure. Residential sewer service will be provided by the City of Owasso, while water service will be provided by the rural water district 43 of Washington County. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the Maple Glen Final Plat at its regular meeting on July 23 2008.At that meeting, the utility providers and city staff were afforded the opportunity to comment on the technical aspects of the development proposal. The following comments were provided: 1. Show finished floor elevations on Block 4, Lots 9, 10, 11& 12 RECOMMENDATION: Staff recommends approval of the Burberry Place final plat with the following conditions: 1. Show the finished floor elevations on Lots 9, 10, 11, and 12, Block 4. 2. Show the sidewalks on the filed copy of the final plat. 3. Identify adjacent property owners. 4. Identify adjacent zoning designations. ATTACHMENTS: 1. General Area Map 2. Minutes for the Preliminary Plat 3. Burberry Place Final Plat AN 77 BURBERRY PLACE SUBDIVISION CITY OF OWASSO 8/1/08 1 1 1 N. Main Street P.O. Box 180 Owasso, OK 74055 UE SCALE. USE OF T[3iS MAP IS WITHOUT I 918.376.1i00 BY CITY OF OWASSO OF ITS ACCURACY- OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, June 11, 2007 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Duane Coppick Kevin Vanover Dan Draper (in @ 6:08 pm) Marilyn Hinkle MEMBERS ABSENT David Vines STAFF PRESENT Chip McCulley Marsha Hensley Joe Nurre Rickey Hayes Julie Lombardi The agenda for the regular meeting was posted at the north entrance to City Hall on June 1, 2007 at 9:00 AM. 1. CALL TO ORDER - Duane Coppick called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF MAY 7, 2007 REGULAR MEETING - The May 7, 2007 minutes were not included in the packets. The Commissioners suggested they be reviewed and approved at the July 9, 2007 meeting. 4. Preliminary Plat - Aravon - A request to review and approve a preliminary plat proposing 93 residential lots, on approximately 30.28 acres of property zoned RS -3 (Residential Single Family), located south of East 106h Street North just north of Sawgrass II. Duane Coppick presented the item and the staff report was reviewed. The surrounding land use and the development process were explained. The applicant is requesting the approval of the plat in order to facilitate 93 residential lots. The development will be served sewer by City of Owasso and water by Washington County Rural Water District #3. The Owasso Technical Advisory Committee reviewed the plat at the May 23, 2007 regular meeting and made the following recommendations: • Indicate a sidewalk along E. 106`h St. No. and the reserve • Show adjacent property owners • Show additional U/E provided by ONG & Cox • Confirm the rural water districts 4" water line location • Show a 20' U/E for Rural Water; include standard utility provider language in plat covenants Duane Coppick moved to approve the preliminary plat subject to the above TAC and Staff recommendations. Kevin Vanover seconded the motion. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION June 11, 2007 Page No. 2 Duane Coppick - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes The motion was approved 3 -0. 5. Final Plat - Smith Farm Marketplace III - A request to review and approve a final plat proposing 5 commercial lots, on approximately 16.47 acres of property zoned CS (Commercial Shopping), located at the southwest corner of East 96`h Street North and North 121" East Avenue. Duane Coppick presented the item. The applicant requested this item to be tabled until the July 9, 2007 meeting. Duane Coppick moved to table this item. The motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: Duane Coppick - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes The motion was approved 3 -0. 6. Report on Monthly Building Permits Activity. 7. Report on Planning Items Previously Forwarded to City Council. 8. Report on Technical Advisory Committee Items - Commissioner Vanover briefly discussed the site plans that were reviewed by the Technical Advisory Committee. 9. Discussion of Development In and Near Owasso 10. Adjournment - Duane Coppick moved, Marilyn Hinkle seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Dan Draper - Yes Duane Coppick - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes The motion carried 4 -0 and the meeting was adjourned at 6:25 PM. OWASSO PLANNING COMMISSION June 11, 2007 Page No. 3 Chairperson Vice Chairperson Date .� «m � \!± � ^\ \� \i ^N / \ /[ � \]1 ! ) § a � •69° j | ) pp m±) /) � ))| U \ §a «] z A ql � /l� I zz DO � \!± � ^\ \� \i ^N / \ /[ � \]1 ! ) § a � •69° j | ) pp m±) /) E� INN qg� n Abp p C Webi$" b gag$QQ S S 1, S� 5 gga .k Ag Sq E" 2a d $3y,p �b atl - a FB QC i" '$ �u 3m a a 5 § �b� x i8 �af € §a Nm y 3g '3 H a` a €@p z3 S:b Ni 3`a„Ed ss� @gsb b a 3gLE 398 .ab� a 3 � � n o a § L 5 ass E�e gg3 i�3a s $ye , jgg r Si tla 1 p`g 1"bQ ue 3 3I25t 4'Iw!'a �{ n b°di bb "e@ gQ?b� 3'2$i y �s 993 bl f QniQi ° e,yEltyz pd gsp 848 $E� Sg39N! His 9 g Rip g Q:Qg yy i2 � gqqg� NFba i d F � � 2 " � E N t§ 2 _ P 0 n b § E @LL @gg w� R F� a 5 p �a A� Sa " ag @p 3�g by gga 8m� i a k w a a 2 3 @ @p YS G 9, ap e V1 YEAS iy'a� §kg B pgS ip��g��Q' Mill! s Mill! s MOP-3 S g 55 C 3Aa 5A4ktl I � pIRP q S, ksgTB`�i g3 3 IX6 i €s��Q� �C3t iT�yp, a'd Yg b p 439 k6 E� € h 4 gag m Q € b @9 8 3g EpE 3 t# a =a ga i3p A° O bb 0 s A^ 8± EA 5� SQ ffi §; 5 i8 ,} iY @ Sg 33 9 Ep r� QG 8gBS �3gE 8A ¢ENS °e 84� fla ear b aE Ai AY� "xp a bgOE bq e`bh8 €s MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: REQUEST FOR ACCEPTANCE OF THE SEVENS FINAL PLAT DATE: AUGUST 1, 2008 BACKGROUND: The City of Owasso has received a request from Tapp Development Corporation applicant/owner, for the review and acceptance of The Sevens Final Plat. The Final Plat proposes five (5) lots in one (1) block on approximately 7.5 acres of property. The applicant wishes to plat the property so that they may develop a mixed use commercial development. LOCATION: Located on the east side of Garnett Road along the west side of the Owasso Expressway, south of what is recognized as Smith Farms. EXISTING LAND USE: Undeveloped SURROUNDING ZONING: North: AG(Agriculture) and CG (Commercial General) South: AG (Agriculture) and CG (Commercial General) East: AG (Agriculture) SURROUNDING LAND USE: North: Undeveloped/Large Lot Residential South: Undeveloped/Large Lot Residential East: Large Lot Residential West: Owasso Expressway ZONING HISTORY: June, 2008: The Owasso Planning Commission approved the rezoning of the subject tract to a Commercial Shopping Zoning District within Planned Unit Development 08 -02. June, 2008: The Owasso Planning Commission approved a preliminary plat for The Sevens with the following conditions: • Show a mutual access easement on the final plat • Show a 40 ft set back in lieu of 50 ft along Garnett Road • Verify the turning radius width on Garnett Road • Show limits of no access on final plat • Subject to all of city standards which include the outdoor lighting code and the landscape ordinance DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and approved by city staff. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The applicant is requesting the review and acceptance of The Sevens Final Plat so that they may plat and eventually develop the property with a variety of commercial uses. The property is zoned CS (Commercial Shopping) OPUD 08 -02 (Owasso Planned Unit Development Number 08 -02). The designation outlines the development standards for the property in a commercial manner. The proposed layout for the commercial uses associated with the plat is allowed by right according to the zoning designation. According to the final plat, the developer would like to create five (5) lots in one (1) block, on approximately 7.5 acres of land and is subject to all requirements set forth in the Owasso Zoning Code and Subdivision Regulations, unless otherwise specified in the Planned Unit Development. The main access into The Sevens will be from North Garnett Road. The aforementioned access is being recognized as the only access point to the property. Lots within the development will be provided access from the private drive. The private drive will be placed within a common area designated for access purposes. A property owners association through the use of recorded covenants and restrictions shall govern maintenance of the private drive. In June, 2008, the Preliminary Plat for The Sevens was reviewed, and approved, by the Owasso Planning Commission. At that time, the following concerns were mentioned and made conditions upon approval of the final plat: • Show a mutual access easement on the final plat • Show a 40 R set back in lieu of 50 ft along Garnett Road • Verify the turning radius width on Garnett Road • Show limits of no access on final plat • Subject to all of city standards which include the outdoor lighting code and the landscape ordinance All concerns have been addressed, and the applicant is now ready to proceed in the platting process. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. Commercial sewer and water service will be provided by the City of Owasso. The property will be subject to all payback fees including Storm Siren fees of $35 per acre. TECHNICAL ADVISORY COMMITTEE: The Sevens Final Plat was reviewed by the Owasso Technical Advisory Committee at their regular meeting on June 25, 2008. At that meeting, utility providers and city staff are afforded the opportunity to comment on the application and request any changes or modifications. There were no concerns expressed at that time. RECOMMENDATION: Staff recommends acceptance of The Sevens Final plat. ATTACHEMENTS: 1. General Area Map 2. Minutes of the Planning Commission Meeting for the Preliminary Plat of the Sevens 3. The Sevens Final Plat THE SEVENS CITY OF OWASSO Legend 111 N. Main Street 0 P.O. Box 180 Owasso, OK 74055 North ' IIS MAP IS FOR INFORMATION PT RI'OS£ ONLY AND IS NOT INTENDED TO EPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITHOUT 918.376.1500 .:OARRANTY OR AEPRLS£NTATION HY CITY OF OWASSO OF ITS ACCURACY. OWASSO PLANNING COMMISSION June 9, 2008 Page No. 4 • Verify the first comment on the Deed of Dedication regarding the west line 12.00 feet Marilyn Hinkle moved to approve the preliminary plat subject to the above staff and TAC recommendations. David Vines seconded the motion. A vote on the motion was recorded as follows: David Vines — Yes Marilyn Hinkle — Yes Dan Draper — Yes The motion was approved 3 -0. 7. Preliminary Plat — The Sevens — A request for the review and acceptance of The Sevens Preliminary Plat proposing five (5) lots in one (1) block on approximately 7.5 acres of property, located on the east side of Garnett Road along the west side of the Owasso Expressway, south of what is recognized as Smith Farms. Marilyn Hinkle presented the item and the staff report was reviewed. Larissa described the property location and the development process was described. The preliminary plat purposes five (5) lots in one (1) block. The property is zoned CG (Commercial General) OPUD 08 -02. Any development that occurs on the property must adhere to all subdivision, zoning and engineering requirement. The subject property will be subject to all payback fees including Storm Sire fees of $16 per acre. The Technical Advisory Committee reviewed the request on May 28, 2008. Staff recommends acceptance of The Sevens preliminary plat with the following recommendations: • Show a 17.5' easement on the perimeter • State who will maintain the common areas in the covenants • Show a looped water line for the first structure There was discussion regarding the required entry width along N. Garnett Road. The applicant was present to answer questions. Marilyn Hinkle moved to approve the preliminary plat subject to the above recommendations. Also subject to the following conditions: • Show a mutual access easement on the final plat • Show a 40 ft set back in lieu of 50 ft along Garnett Road • Verify the turning radius width on Garnett Road • Show limits of no access on final plat • Subject to all of city standards which include the outdoor lighting code and the landscape ordinance. O WASSO PLANNING COMMISSION June 9, 2008 Page No. 5 David Vines seconded the motion. A vote on the motion was recorded as follows: David Vines - Yes Marilyn Hinkle - Yes Dan Draper - Yes The motion was approved 3 -0. 8. Final Plat - Maple Glen - A request for the review and acceptance of the Maple Glen Final Plat of ninety-nine (99) residential lots in seven (7) blocks on approximately 14.26 acres, located on the east side of North Garnett Road and approximately a half of a mile of East 106'h Street North. Marilyn Hinkle presented the item and the staff report was reviewed. Larissa described the property location and the development process was described. The final plat shows ninety -nine (99) residential lots in seven (7) blocks, on 14.26 acres of land. Residential sewer service will be provided by the City of Owasso, while water service will be provided by rural water district #3 of Washington County. The Technical Advisory Committee reviewed the request on May 28, 2008, and had the following recommendations: • Show the future names of phases • Show the bearings on the curved roads • AT &T requested the applicant show utilities crossing the road • State that the City of Owasso provides water to a portion of this development, along with Rural Water District No.3 • If the sewer will be located on the east side of the property, public works requested a 17.5' utility easement be shown on the final plat. Discussion was held regarding the maintenance of the detention area and all of the common areas. Representation from Kellogg Engineering was present to address concerns or questions. Marilyn Hinkle moved to approve the final plat subject to the above recommendations. Also subject to, the covenants stating that the common areas shall be maintained by the Homeowners Association. David Vines seconded the motion. A vote on the motion was recorded as follows: David Vines - Yes Marilyn Hinkle - Yes Dan Draper - Yes The motion was approved 3 -0. 8ej -` " "99 as SjFw^•Ce p5 gF °� y .' -'�5H i� r3 � b9`e �a sk5a3`,aEBE� e 3j f, 44$•si gs�'Bir s �j t5 aw �w.+wa � � rAggggggG •; � yy A � 2� let 3at5A�d'�'x $ldi 5 e` .v: // � �•r dry` 1 IiQ r�(rY ssyH1dao �( �, rt�i �\ .gx9` 8� p •fin 0 Fp �, cFn- i 1is tN a e 62.61.15 �n3 b � Y g§g V F icy V"6`' ZO�1 G b Kr'Y ,2C'((I 162,61.15 1 u E, k Z M: PoEYI ION a SL rv' an O I I I a��.g - - u�tltl:,a __ __________ - s ____� b F. O WV agg � J a pp RnrV qpm @@ 9' 8 �a � ppse� ag�q,.gg E DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND THIS DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND (the "Agreement') is made as of the _ day of 200_, by an [Oklahoma limited liability company] (hereinafter " Developer " ). WITNESSETH: WHEREAS, Developer is the owner in fee of that certain real property located in the County of Tulsa, State of Oklahoma, depicted as Block 1, Lots 1 through 5 and Common Area "A" and Drainage Easement and Common Area 'B" and Drainage Easement, The Sevens, a subdivision in Owasso, Tulsa County, Oklahoma, inclusive, legally described on Exhibit A attached hereto and depicted on the site plan attached hereto as Exhibit B, hereafter collectively referred to as the "Developer Property "; WHEREAS, Developer desires that the Lots (as hereinafter defined) which make up the Developer Property be developed in conjunction with each other pursuant to a general plan of improvement; WHEREAS, Developer wishes to impose easements, covenants, conditions and restrictions on the Developer Property pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing promises and for the purpose of establishing certain covenants, restrictions and a uniform plan for ingress, egress, parking, common areas, utilities and drainage, Developer declares that the Lots shall be held and /or sold and conveyed subject to the covenants, restrictions and easements stated herein.. 1. Definitions. 1.1. "Architectural Features" shall mean towers, projections and entry features on Buildings and such other features as may be deemed such by the Project Architect. 1.2. 'Building" shall mean any building constructed on a Lot within the Developer Property including but not limited to the main facility, any outside facility including patios and dining areas and all retaining walls constructed on a Lot. 1.3. "City" shall mean the City of Owasso, Oklahoma. 1.4. Common Areas. For purposes of this Agreement, the phrase "Common Area" or "Common Areas" means all portions of the Developer Property not occupied, at any particular time, by Buildings, and shall include, without limitation, the parking areas, driveways, service drives and service roads, traffic islands, landscaped areas, loading and service areas, sidewalks, walkways, and such other portion or portions of the Developer Property, as well as any drainage facilities and lighting facilities servicing any one or more of the aforesaid areas, which shall specifically include the Storm Basins (whether on site or off site) servicing the Lots, and any access driveways, corridors, driveways, exterior boundary walls and fences, water, sanitary and storm sewer, gas, electric, telephone and other utility lines and systems, conduits The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc and facilities, and any of the foregoing which serve the access way, the parking areas, structured parking areas, plantings, landscaped areas, truck serviceways, courts, ramps, lighting, sidewalks, and the facilities pertinent to each and all of the foregoing, all ofwhich shall serve the Lots, as they may exist from time to time. Notwithstanding the foregoing, the actual loading dock(s) and trash area(s) on any Lot which serves a particular Permittee shall not be considered Common Area. 1.5. "Design Criteria" shall mean the Developer's design criteria which is attached hereto as Exhibit E and incorporated herein by reference. 1.6. "Developer" shall mean or if Developer has no further ownership in any portion of the Developer Property, then such person or entity as Developer may expressly designate as successor by notice to all Parties shall be deemed to be the Developer or if no such notice is given, the fee simple owner of Block 1, Lots 1 through 5, of the Subdivision. 1.7. "Finished Floor Elevation" shall mean the top of the finished floor orslab of a Building. 1.8. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is (i) defined as a "hazardous waste" or other hazardous material or substance under any of the laws of the state where the Lot is located, (ii) petroleum, (iii) asbestos, (iv) designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. sec. 1317), (v) defined as a "hazardous waste" pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. sec. 6901 et seq. (42 U.S.C. sec. 6903), as amended, or (vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. sec. 9601 et seq. (42 U.S.C. sec. 9601), as amended. 1.9. " Lot(s)" shall mean the Block 1, Lots 1 through 5 or any of them. Lots within Block 1 are sometimes hereinafter referred to individually as Block 1, Lot 1, Block 1, Lot 2, Block 1, Lot 3, Block 1, Lot 4 and /or Block 1, Lot 5. 1.10. "Outlots" shall mean and refer to all of the Lots. In the event that Developer subdivides Block 1, Developer may designate a subdivided portion of Block 1 as an Outlot. 1.11. "Outside Sales Area" shall mean any area used by a Permittee for temporary or permanent sales, displays, customer service or seating and /or storage purposes, which areas are located outside of the structure of such Permittee's store. Outside Sales Areas are subject to Developer's approval, City regulation and are subject to the limitations set forth in this Agreement (including the Rules and Regulations attached hereto as Exhibit C). 1.12. "Party" and "Parties" as used in this Agreement shall initially mean Developer until such time as Developer has transferred its respective real property interests in and to any portion of the Lot(s) and thereafter shall mean the then fee owner of the respective Lot. All references herein to an owner of a Lot shall mean the then existing fee owner of such Lot. 1.13. "Permittee(s)" shall mean the Parties, all persons from time to time entitled to the use and occupancy of floor area in the Lots under any lease, deed or other arrangement whereby such person has acquired a right to the use and occupancy of any floor area, and their respective officers, directors, employees, agents, contractors, customers, visitors, invitees, licensees and concessionaires. 2 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc 1.14. "Project Architect" shall mean architects duly licensed to practice in the State of Oklahoma as may from time to time be designated by Developer. 1.15. "Proportionate Share of Storm Basin Expenses" as used herein shall mean the amount of assessment determined by multiplying all Storm Basin Expenses (hereafter defined) by a fraction, the numerator of which shall be the Usable Land in a Party's Lot and the denominator of which shall be the total Usable Land then existing in all Lots located within the Developer Property, as then configured. 1.16. "Roof Extensions" shall mean parapet walls, mechanical equipment, penthouses and screens to hide mechanical equipment and such other extensions as may be deemed such by the Project Architect. 1.17. "Site Plan" shall mean the site plan of the Developer Property which is attached hereto as Exhibit B and incorporated herein by reference. 1.18. "State" shall mean Oklahoma. 1.19. "Subdivision" shall mean Southwest Crossroads, a subdivision in Tulsa County, Oklahoma, created pursuant to the terms of the "Plat" filed in the real estate records of Tulsa County, Oklahoma. 1.20. "Storm Basin(s)" shall mean two (2) Drainage Easements, one contained within Common Area "A" and one contained within Common Area "B ", as shown on the Plat and the Site Plan including all improvements located therein including culverts, piping, concrete walkways and any other storm drainage and detention /retention facilities located on or off -site which Developer at its sole option, either designates as a Storm Basin or elects to maintain as part of the Storm Basin which may at Developer's option include those portion of the Lots subject to the Drainage Easement reflected on the Plat as depicted on the Site Plan as Drainage Easement per Plat for [Underground Storm Sewer]. The Drainage Easements contained in Common Area "A" and Common Area "B" shall be used as a part of the storm detention and retention system for the Subdivision as provided in the Plat. 1.21. "Usable Land" shall mean the number of square feet of usable land area of each Lot as defined and identified on Exhibit D, attached hereto. The Usable Area of a Lot shall be recalculated by Developer in the event a Lot is re- subdivided pursuant to the terms of this Agreement. In addition to the definitions set forth above, there are other defined terms set forth elsewhere in this Agreement. All of the preamble clauses to this Agreement are incorporated into this Agreement as though fully rewritten here at length. 2. Conversion to the Common Areas. Those portions of each Lot which are not from time to time occupied by Buildings shall be considered part of the Common Area for the uses permitted hereunder and shall be improved, kept, and maintained as provided herein. 3. Grant of Easements. Subject to the terms of this Agreement, Developer hereby grants and conveys, the following non - exclusive easements appurtenant, in, to, over, and across the Common Areas for the benefit and use of all Parties and the, customers, contractors, invitees, licensees, tenants, and employees of all businesses and occupants of the Buildings on the Lots: 3.1. Access Easements. A nonexclusive easement in, to, over and across the Common Areas as they may exist from time to time, including driveways, perimeter roads and access ways for vehicular (including service vehicles but excluding construction vehicles, The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc except as hereinafter provided)) and pedestrian ingress and egress, and access and the right of access over established circulation elements between the public streets and perimeter roads and access ways and any Lot. 3.2. Roof Overhang and Abutment Easement. A nonexclusive easement in, to, under, over and across any improvements or land immediately adjacent to any Lot, granting the right and privilege to (a) construct, reconstruct, maintain, operate and replace a roof overhang belonging, over and through a portion of the adjacent Lot and (b) for the owner of the adjacent Lot to construct improvements which abut or touch improvements constructed on adjacent Lot, as may be approved by Developer in advance. This easement shall not unreasonably (i) interfere with Developer's use or operation of the Developer Property, (ii) interfere with the adjacent Party's use or operation of its Lot, (ii) restrict or limit the operation or use of any Building or other improvement now constructed on the adjacent Party's Lot nor (iii) limit or restrict the type of Building or other improvements that may be constructed on the adjacent Lot under said roof overhang or otherwise. 3.3. Access Easements for Developer Property Signs. A nonexclusive easement in, to, under, over and across the Common Areas, for the installation and maintenance of a pylon or monument sign structures which may be located on a Lot at the election of Developer. In the event any such sign structure is "user" occupied by more than one user on a Lot, the easement grant shall include reasonable access over, cross and upon the Common Areas to permit panel(s) to be installed, replaced, maintained and operated. Developer, at its cost, shall have the right to change or relocate such sign structures within said Lots, provided that change or relocation does not materially interfere with the visibility or use of said Lots. Other than as provided in the next sentence, no Lot may have a pylon without the prior written consent of Developer, which consent may be arbitrarily withheld by Developer in its sole discretion. Each Lot may install one (1) monument or ground sign, the location and design of which shall be subject to the prior written approval of Developer. 3.4. Utility Easements. Pursuant to and in accordance with the terms of the Plat, a nonexclusive easement in, to, over, and across the Common Areas for the benefit of and appurtenant to each for the purposes of installation of sewers, water and gas pipes and systems, electrical power conduits, telephone conduits, lines and wires, and other public utilities beneath the ground surface at a location or locations reasonably approved in writing by Developer, and, with respect to the Lots, at a location or locations reasonably approved by the then owner of the Lot in writing, provided that in all cases, in the performance of such work: (i) adequate provision shall be made for the safety and convenience of all persons using the surface of such areas; (ii) the areas and facilities shall be replaced or restored to the condition in which they were prior to the performance of such work; (iii) Developer and the Parties shall be indemnified and held harmless against claims, damages, and losses, including costs and attorneys' fees arising from the performance of such work or use of such easements; (iv) affected Parties shall be notified in writing by the party for whose benefit such work is performed or such use is made not less than thirty (30) days prior to commencement of such work and (v) affected Parties shall be consulted reasonably in advance and any proposed installation, maintenance or location changes shall require prior written approval by the affected Parties, which shall not be unreasonably withheld, conditioned or delayed. Franchises granted to public utilities for such utilities shall constitute compliance with the foregoing provisions. In addition, each Party shall be obligated to perform such other acts, and to execute, acknowledge, and /or deliver such reasonable instruments, documents and other materials as Developer may request in order to document any such easement in a . commercially reasonable manner. 3.5. Drainage. A nonexclusive easement in, to, over, and through the drainage patterns and systems as are established from time to time within the Common Areas, for reasonable surface drainage purposes, as initially depicted on the Plat and the Site Plan. 4 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc Developer may construct access to a storm detention /retention basin, as well as to any Storm Basin, as may be created from time to time, on and /or off -site, to and through the point of entry onto the City right -of -way or to any subsequent location, taking into consideration reasonable storm drainage capacities. Developer shall have the right to designate and change the location or nature of any Storm Basin, so long as Developer provides access to and drainage facilities of an equal capacity and as shall be approved by the applicable governmental agencies. Developer hereby declares, creates and establishes a perpetual, non - exclusive right -of -way and easement to dispose of storm water to and through the point of entry onto the City right -of -way or to any subsequent location and onto the Storm Basin. Developer further creates and establishes a perpetual, non - exclusive easement to dispose of storm water below the surface in the area marked "Underground Storm Sewer" on the Site Plan to be used in connection with the Storm Basin. 3.6. Slope Easements. The Site Plan attached hereto reflects thereon the Lots which are subject to non - exclusive permanent slope easements ( "Slope Easements ") for storm water drainage purposes. No portion of any Slope Easement may be disturbed by the owner of any Lot without the prior written approval of Developer. The owner of each Lot upon which a Slope Easement is located shall be responsible for maintaining same in good condition as part of the Common Area of such Lot or at the option of Developer, Developer may maintain as part of the Storm Basin Expenses. Developer, and its successors and assigns, shall have full right and privilege forever hereafter to utilize the Slope Easements in connection with the Storm Basins and shall have access to said Slope Easements across each Lot and Developer may construct improvements within the Slope Easements related to the Storm Basins. Developer and its successors and assigns shall have the right to remove, trim and clear away any interfering trees, rocks, shrubs, roots, limbs or surfacing materials within the Slope Easements and may cultivate and fully use and enjoy the land within the Slope Easements for Storm Basin purposes, may construct a retaining wall therein and may otherwise adjust the Slope Easements, provided that such use shall not interfere with, jeopardize, undermine, or reduce, the construction, installation, maintenance, repair, operation or lateral support of the Lot upon which the Slope Easement is located. 3.7. Term of Easements. The easements set forth herein shall continue in favor of the respective grantees in accordance with the term of this Agreement. 3.8. Developer's Rights as to Common Area. Developer hereby reserves the right to eject or cause the ejection from the Common Areas any persons not authorized, empowered or privileged to use the Common Areas pursuant to this Agreement. Provided there is no other means reasonably available to prevent the acquisition of prescriptive rights by anyone, Developer reserves the right to temporarily close off the Common Areas for one 24 hour day, which day must be Christmas day only, to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to closing off any portion of the Common Areas of Block 1 as herein provided, Developer shall give written notice of its intention to do so, and shall coordinate such closing so that no unreasonable interference with use or the operation of the Lots shall occur. 3.9. Prohibition Against Granting Easements. Without Developer's express written consent, no Party, other than Developer, shall grant an easement or easements of the type set forth in this Agreement for the benefit of any property other than the Lots. 4. Buildings. 4.1.- Design and Plan Approval. No improvements shall be constructed, erected, expanded, or altered on the Lots until the plans and specifications for same (including site layout, exterior building materials and colors, landscaping and parking layouts) have been approved in writing by Developer. Except as detailed in this Agreement, the Buildings shall be 5 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc designed so that the exterior elevation of each shall be architecturally and aesthetically compatible as determined by the Project Architect and shall in all respects be designed in accordance with the Design Criteria and shall be approved by Developer, such approval not to be unreasonably denied, conditioned or delayed. No Building wall footings shall encroach from one Lot onto another Lot without prior written approval from Developer. The design and construction on all Lots shall be first quality and in accordance with the plans approved by Developer and in complete and full compliance with (i) any and all governmental requirements and all city zoning ordinances, (ii) all restrictive covenants of record encumbering the respective Lot, and (iii) the Design Criteria. No building shall have a metal exterior. In order to produce an architecturally compatible and unified development contemplated by this Agreement, each Party agrees to consult with the Project Architect and Developer for a reasonable period of time concerning the exterior design, color treatment and exterior materials to be used in the construction, alteration and reconstruction of all buildings and structures on its respective Lot(s) and to consider the views of the other Parties with respect thereto prior to selecting the specific materials and colors for its exterior improvements. Each Party agrees to cause its respective architect to work in good faith with the Project Architect and Developer so that the Buildings to be erected and constructed will have an overall cohesive and related architectural continuity and will be in harmony with the Design Criteria. Approval of the plans and specifications by Developer shall be conclusive as to each Party's compliance with this Section. The Parties, in the performance of their construction, shall not (1) cause any unnecessary or unreasonable increase in the cost of construction of the other Lots, (ii) unreasonably interfere with any other construction being performed on the other Lots; or (iii) unreasonably impair the use, occupancy or enjoyment of the Lots or any part thereof as permitted or contemplated by this Agreement, or (iv) change the proposed finished floor elevations or other conditions (excluding truck docks) of the Building(s) to be erected and constructed on the Lots from that detailed on the Developer's grading plans without the express written approval of Developer, which consent may be arbitrarily withheld if such change would negatively impact any other Lot(s). 4.2. Location. Buildings shall be constructed on the Lots (as either immediate development or future expansion) only within those areas of the Lots as may be approved in advance by Developer. Furthermore, Developer shall approve all curb cuts to and from all Lots and may require that abutting Lots share a common access driveway in accordance with the terms of access easement agreements to be entered into at the time such common access driveways are created. 4.3. Development of the Lots. In addition to any other restrictions herein provided and the Rules and Regulations, the specified Lots shall be developed only under the following guidelines: 4.3.1. Building Height. Without the prior written consent of Developer, which consent may be arbitrarily withheld by Developer in its sole discretion, no Building constructed on the Outlots, or any subdivision or lot split thereof inclusive, shall exceed twenty -eight feet (28') in height, as measured from the Finished Floor Elevation of any Building constructed on such Outlot, excluding Roof Extensions and /or Architectural Features, which Roof Extensions and /or Architectural Features (i) shall not exceed an additional two (2') feet in height from such rooftop (for a total maximum height, including Roof Extensions and Architectural Features of thirty feet (30')), and (ii) shall not exceed thirty -three percent (33 %) of such Building's total, aggregate exposed wall area. All Buildings on the Outlots shall be single one story structures unless otherwise approved by Developer, which consent may be arbitrarily withheld by Developer in its sole discretion. The Floor Area of any Buildings to be constructed on any of the Lots shall be subject to the review and approval by Developer in its sole discretion, without joinder of any other party. The term "Floor Area" for the purpose of determining the permissible The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc number of square feet of Building improvements which may be constructed on a Lot shall be determined by the actual number of square feet of space on the first floor of any Building or structure on such Lot intended for exclusive occupancy lying within the exterior faces of exterior walls thereof (except party walls, as to which the center line, not the exterior faces, shall be used), whether or not such space is occupied. The determination of the Floor Area of the Buildings located on a Lot for purposes of the foregoing calculation shall be made by Developer. 4.3.2. Required Minimum Parking. Parking spaces shall be of a size and nature in compliance with all governmental requirements. 4.3.3. Screening. Any rooftop equipment shall be screened from public view from adjacent public streets and highways and in a manner satisfactory to the Developer and as provided in the Design Criteria. Any trash facility shall be screened from public view from adjacent public streets and highways on all four sides in a manner satisfactory to the Developer. 4.3.4. Signs. All signs shall be in compliance with the signage criteria set forth in the Design Criteria, and in all events shall comply with any and all governmental requirements and zoning ordinances. Notwithstanding the foregoing, no exterior identification signs attached to any Building in the Developer Property shall be (i) flashing, moving or audible signs or (ii) signs employing exposed neon tubes, exposed ballast boxes or exposed transformers. 4.3.5. Cross Parking. The Developer intends for all parking of automobiles to be self- contained on each Lot and that cross parking between Lots is not permissible, unless agreed to otherwise by Developer. 4.4. General. Any activity within the Common Area, other than its primary purpose which is to provide for access and parking for the customers, invitees, and employees of those businesses conducted within the Developer Property and for the servicing and supplying of such businesses, shall be permitted only so long as such activity shall not unreasonably interfere with such primary purpose. Persons using the Common Area in accordance with this Agreement shall not be charged any fee for such use other than the allocation of expenses provided for herein. The Parties agree that unless otherwise approved by Developer, the Common Area shall be maintained as such and shall not be fenced or otherwise obstructed and shall be kept open at all times for the free use thereof as intended. 5. Maintenance and Insurance of the Developer Property. 5.1. Standard of Maintenance. Each Party shall maintain, or cause to be maintained, the Common Area and all Building improvements on its Lot, comparable to the standards of other high quality retail developments in the greater Tulsa, Oklahoma metropolitan area and in compliance with governmental laws, rules, regulations, orders and ordinances and the provisions of this Agreement. Until a Lot is developed with improvements, all unimproved areas shall be kept mowed and in a clean condition. The maintenance and repair obligation shall include: 5.1.1. Maintaining, repairing and replacing as necessary, all sidewalks, driveways, parking areas and other paved surfaces and curbs in a smooth and evenly covered condition, including, without limitation, replacement of base, fill, surface, sealing and striping and remove snow and ice from walkways, access ways and parking areas; The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc 5.1.2. Periodic removal of all papers, debris, refuse, dust and other substances, including vacuuming and broom sweeping to the extent necessary to keep the Common Area in a clean and orderly condition; 5.1.3. Maintaining, cleaning, painting, repairing and replacing as necessary, all signage identifying the shopping located on a Lot, including directional, traffic control or handicapped parking signs; 5.1.4. Maintaining, cleaning, painting and replacing lighting facilities, including light standards, wires, conduits, lamps, ballasts and lenses, time clocks and circuit breakers; 5.1.5. Maintaining and replacing all plantings, trees and shrubs in an attractive and thriving condition, trimmed and weed free; maintaining, painting and replacing landscape planters; and maintaining, repairing and replacing sprinkler and irrigation system(s); and 5.1.6. Keeping the Common Area free from any obstructions, including those caused by the sale or display of merchandise, unless such obstruction is permitted under the provisions of this Agreement. 5.2. Self Help Maintenance by Developer. If Developer considers reasonably necessary any repairs, maintenance, renewals or replacements required by the provisions of this Section to be made or provided by a Party to the Common Areas located on its Lot, Developer may request in writing that the Party make such repairs or perform such maintenance or provide such renewal or replacements, and, upon Party's failure or refusal to do so within ten (10) days from the date of such written request (plus such additional reasonable time as is necessary if the Party is exercising due diligence), Developer shall have the right (but shall not be obligated), either itself or through a third -party contractor, to make such repair, perform such maintenance or, provide such renewal or replacement, the Party hereby waiving any damage caused thereby including, without limitation, any damage caused by any such third -parry contractor engaged by Developer to perform such work; thereupon, the Party shall, at the Developer's election, on demand pay (or reimburse the Developer for) the reasonable cost thereby incurred by the Developer; and in addition, if not paid within twenty (20) days of such demand, the Party shall pay the Developer, upon demand, interest at the annual rate of fifteen percent (15 %) and an administration fee of 10 cents ($.10) per each dollar expended by Developer. 5.3. Storm Basin Maintenance. With regard to the Storm Basins, Developer shall in accordance with the Plat: (a) maintain the Storm Basins which includes but is not limited to: removal of trash and debris, utility costs, pond and pump maintenance, completion of the maintenance requirements specified in the Plat in regard to the Storm Basins, mowing, silt removal, dredging, and other necessary maintenance and landscaping for any erected improvements within and surrounding the Storm Basins; (b) carry liability and property (casualty) insurance for the Storm Basins in amounts and coverages as shall reasonably be determined by Developer; and (c) pay before delinquent the real property taxes assessed upon the Storm Basins. The total amount of the costs for the expenses listed in (a), (b) and (c) herein, together with an administrative fee in the amount of 10% of the expenses listed in (a), are collectively the "Storm Basin Expenses ". Developer agrees that all policies of insurance required under this Section shall be issued by financially responsible insurance companies qualified to do business in the State of Oklahoma; certificates of such policies will be delivered to any Party upon request for the same; as often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by Developer for the same in a like manner and to like extent; all public liability, property damage and other casualty policies shall be written as primary policies, not contributing with or secondary to coverage which the The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc Party's may carry; and the liability insurance policies carried by Developer for the Storm Basins shall name each of the Party's as additional insureds. 5.4. Reimbursement of Storm Basin Expenses. Each Party shall be obligated to pay its Proportionate Share of the Storm Basin Expenses to Developer. Each Party shall pay Developer in monthly installments on the first day of each calendar month in advance commencing on the later of the first day of the month after (i) the date the construction of the Storm Basins are completed or (ii) a Party acquires a Lot, an amount reasonably estimated by Developer to cover the annual Storm Basin Expenses (such monthly installments are hereafter the "Storm Basin Payments "). For the first full calendar year and any partial year prior thereto, Developer shall have the right, exercisable by notice from Developer to a Party at any time to require a Party to pay to Developer as a Party's Proportionate Share of Storm Basin Expenses a different sum of money than the reasonably estimated amount based upon costs actually incurred as Storm Basin Expenses. In the event Developer shall have given notice to a Party of the changed amount, then the Party shall pay the new amount commencing on the date designated by Developer and continuing for the balance of the period indicated by Developer during the term of this Agreement. Within ninety (90) days afterthe end of each calendaryear, Developer shall furnish each Party with a statement in reasonable detail summarizing the actual Storm Basin Expenses for the preceding calendar year and setting forth the method by which the Party's Proportionate Share of Storm Basin Expenses was determined as herein provided. If the aggregate of the monthly Storm Basin Payments made by Party during any year exceeds the amount which is actually due by Party for its Proportionate Share of Storm Basin Expenses as provided herein, the difference shall be credited against the next succeeding monthly Storm Basin Payment to be made by Party under this section. If the aggregate of the monthly Party's Storm Basin Payments made by Party during any year is less than the amount which is actually due by Party for its Proportionate Share of Storm Basin Expenses, the difference shall be paid by the Party within fifteen (15) days following receipt of a statement from Developer. 5.5. Developer Assignment/Termination of Storm Basin Maintenance Obligations. In accordance with the terms of the Plat, Developer will initially be the "Responsible Party" (herein referred to as such) for maintaining the Storm Basins, however, Developer reserves the right to convey the Storm Basins to the Association (hereafter defined) which shall become the Responsible Party under the Plat and this Agreement for purposes of maintaining the Storm Basins and billing and collecting from the all of the Parties their Proportionate Share of the Storm Basin Expenses. 6. Insurance. Each Party shall procure insurance for its entire respective Lot in accordance with the Insurance Standards set forth below. 6.1. Insurance Standards (herein referred to as such): 6.1.1. Approved Insurers. Each Party shall carry (or cause to be carried) with financially responsible insurance companies rated by Best's Rating Guide not less than A - /XI and authorized to do business in the State, commercial general liability insurance covering its legal liability in connection with claims for personal injury or death and property damage incurred upon or about its Lot(s) and within any improvements constructed on its Lot in accordance with the requirements of this Section. Developer shall be shown as an additional insured on each Party's commercial general liability insurance for personal injury or death and property damage incurred on its Lot. 6.1.2. Insurance Requirements. The Parties shall procure and maintain in full force and effect throughout the Term hereof general public liability insurance and property damage insurance against claims for personal injury, death, or The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc property damage occurring upon, in, or about its property, to afford protection to the limit of not less than Three Million Dollars ($3,000,000.00) for injury or death of a single person, per occurrence or for property damage, and to the limit of not less than Three Million Dollars ($3,000,000.00) in the aggregate. In addition, each Party shall procure and maintain in full force and effect throughout the Term hereof worker's compensation insurance, in form and amount as required by applicable law. All policies of insurance required under this Section shall be issued by financially responsible insurance companies qualified to do business in the State. Certificates of such policies shall be delivered to Developer upon request for the same promptly after the request. As often as any such policy shall expire or terminate, renewal or additional policies shall be procured and maintained by the Party responsible for the same in a like manner and to like extent with no lapse in coverage. All public liability, property damage and other casualty policies shall be written as primary policies, not contributing with or secondary to coverage which the other Parties may carry. Developer may require increased amounts of insurance be carried by any Party pursuant to this Agreement and other reasonable types of insurance coverage in reasonable amounts may be required; provided, however, (i) no such increases shall be required more than once in every five (5) year period and (ii) in no event shall such increased amounts of insurance be in excess of that required by prudent developers of comparable first class shopping centers in the City. In addition, such coverages shall include earthquake and flood coverage if such coverage is required by Developer's lender. 6.1.3. Casualty Coverage. Commencing as of the date a Party commences construction, and thereafter for the Term of this Agreement, as herein after defined, each Party shall carry property insurance on an all risk basis on its respective improvements in an amount sufficient to avoid the effect of any coinsurance provisions of such policies and in any event in an amount not less than the full replacement value of such improvements; excluding, in each case, foundation, footing and excavation costs, with reasonable deductibles, and otherwise in accordance with the requirements set forth in this Section. 7. Taxes. To the fullest extent possible, real estate taxes and general and special assessments (collectively, "Real Property Taxes ") levied and assessed against any Lot shall be separately assessed by the taxing authority and paid by the Party. Each Party, during its period of ownership, shall pay or cause to be paid on or before the date such taxes become delinquent, all such taxes levied and assessed on its Lot and any improvements thereon. Such Real Property Taxes may be paid in installments where installments are permitted by the taxing authorities. In addition to Real Property Taxes, each Party shall cause to be paid before delinquency all taxes (including sales and use taxes), assessments, license fees and public charges levied, assessed or imposed upon the business operations on its Lot(s) as well as upon the merchandise, inventory, furniture, fixtures, equipment and other personal property of such businesses. In the event any such items of property of any Party other than Developer are assessed with property of Developer, such assessment shall be equitably divided between Developer and such other Party by Developer, after consultation with such other Party. 8. Employee Parking. The Parties shall use their best efforts to cause Permittees of the Lots to have their respective employees' park only in the permitted employee parking areas for such Permittee. 9. Damage or Destruction. In the event of damage or destruction of any improvements erected or placed on any Lot, whether by fire or other casualty, the Parties agree to take such action as may be required under applicable municipal ordinances and other laws, rules and regulations with respect to any such damage or destruction and to promptly remove all debris resulting from such 10 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc damage or destruction and take such action as is necessary to return its property and Lot to a visually acceptable, neat, safe conditi on. If a Party fails to remove all such debris or take such action as is necessary to place the property in a safe condition within seventy -two (72) hours following such damage or destruction, or if such debris cannot be removed or property returned to a safe condition within such 72 -hour period, to commence such removal or commence such otheraction as necessary to return the property to a safe condition within such 72 -hour period and diligently pursue same until completion, Developer shall have the right (but no obligation) to do so, whereupon such Party shall be liable to pay Developer upon demand, the reasonable cost and expense incurred by Developer, including interest at fifteen (15 %) and a reasonable management fee not to exceed ten (10 %) percent. Although no transfer of ownership shall be deemed to have occurred as a result of such Party's election not to restore its store(s), said area shall be treated as Common Area and shall be maintained and insured by Developer as such with such costs of maintenance and insurance being recoverable from the Party and, if not paid within twenty (20) days of such demand, such Party shall pay Developer, interest at the annual rate of fifteen percent (15 %) and an administration fee of 10 cents ($.10) per each dollar expended by Developer until such time as said Party may elect to rebuild thereon. In connection with Developer's maintenance of such unrestored area, Developer and Developer's employees, agents and contractors are hereby granted a license by such Party to enter onto such unrestored area in connection with the maintenance thereof in accordance with this Agreement. 10. Indemnification. 10.1. Construction. Each Party ( "Indemnitor ") covenants and agrees to indemnify, defend, and hold harmless Developer and the other Parties ( "Indemnitees ") from and against all claims and all costs, expenses and liabilities (including reasonable attorneys' fees) incurred in connection with all claims, including any action or proceedings brought thereon, arising from its construction activities or construction operations on a Lot. Any Party who is asked to "defend" Developer or another Party shall have the right to select defense counsel and such selected counsel shall be acceptable to Developer or such other Party, such approval not to be unreasonably withheld, conditioned or delayed. In the event the indemnified party desires to select its own counsel, it shall be at the indemnified party's sole expense and such defense shall be tendered immediately and in a manner that does not prejudice the rights of the Indemnitor. Any indemnity under the provisions of this Section 10.1 shall not apply to any claims brought separately against the indemnified party for a separate act or omission. The Parties (each, a "Constructing Owner ") shall pay all reasonable costs and expenses incurred by any other Party due to damage to the other Lot arising from or related to such Constructing Owner's construction operations at such Constructing Owner's Lot. No Constructing Owner shall materially obstruct the free flow of pedestrian or vehicular traffic upon and across any other Lot during any period of construction at such Lot or at any time thereafter. During such period of construction, such Constructing Owner shall cause the driveways and roads to be maintained free of all materials and supplies arising out of or resulting from such Constructing Owner's construction and otherwise in a neat and orderly condition undisturbed from such Constructing Owner's construction operations. Any vehicle or equipment used in such construction or any materials used in such construction shall be parked or stored only on an area within such Constructing Owner's Lot. Each Constructing Owner shall defend, indemnify and hold harmless each other Party and its tenants and occupants from and against any and all loss, cost, damage, liability, claim or expense (including, without limitation, reasonable attorneys' fees and costs) arising from or relating to such Constructing Owner's construction operations. All construction operations at such Constructing Owner's Lot shall be performed in a lien -free and good and workmanlike manner, in accordance with all laws, rules, regulations and requirements and any rules and regulations promulgated by Developer with regard to such Party's construction. Each Constructing Owner and its tenants and their respective contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in connection with such Constructing Owner's construction operations, and for the removal of waste and debris resulting therefrom. In the event any 11 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc Constructing Owner's construction operations damage the condition of any portion of the Developer Property, such Constructing Owner shall restore the Developer Property, or part thereof, to its condition existing prior to commencement of such Constructing Owner's construction operations, including without limitation, any filling and compacting of all excavations, repaving of paved areas and replacement of landscaping. No such construction operations shall result in a labor dispute or encourage labor disharmony. 10.1.1. Liens. No Constructing Owner shall permit or suffer any mechanic's liens claims to be filed or otherwise asserted against any other Lot in connection with such Constructing Owner's construction operations, and shall promptly discharge the same in case of the filing of any claims for liens or proceedings for the enforcement thereof, or in the event such Constructing Owner in good faith desires to contest the validity or amount of any mechanic's lien, such Constructing Owner shall have the right to contest the validity or amount of any such mechanic's lien, provided that such Constructing Owner either (a) bonds over any such mechanic's lien, or (b) deposits with the owner of the Lot affected by such mechanic's lien cash or a letter of credit or other security reasonably acceptable to such affected Party in an amount equal to one hundred fifty percent (150 %) of the amount of said lien to insure payment and prevent any sale or forfeiture of any part of the affected Lot by reason of nonpayment; and such Constructing Owner promptly notifies such affected Party, in writing, of such contest. Any such contest shall be prosecuted with due diligence and such Constructing Owner shall promptly after the final determination thereof pay the amount of any such lien, together with all interest and other costs payable in connection therewith. Any such letter of credit deposited hereunder shall be issued by a national bank reasonably acceptable to suc h affected Party. 10.2. Liability Coverage, 10.2.1. Indemnity. Each Party hereby agrees to indemnify, defend and hold harmless Developer and all other Parties from and against all claims and all costs, expenses, damages and liabilities (including reasonable attorneys' fees) incurred in connection with such claims, including any action or proceedings brought thereof, arising from or as a result of: (i) the death of or any accident, injury, loss or damage whatsoever caused to any natural person or to the property of any person as may occur on or off such Lot by reason of an occurrence or condition on such Lot or the improvements which may be constructed thereon; or (ii) a negligent act or omission of such Party, its agents, servants, employees or contractors; excepting however, in each case referred to in (i) and (ii) above, to the extent any claims, death, accidents, injuries, loss or damages arises or results from the negligent act or omission of the Party, whichever is seeking indemnification, or their agents, servants, employees or contractors. Any Party who is asked to "defend" Developer or another Party shall have the right to select defense counsel. In the event the indemnified party desires to select its own counsel such selection shall be in accordance with the terms of Section 10.1. Any indemnity under the provisions of this Section 10.2 shall not apply to any claims brought separately against the indemnified party for a separate act or omission. 10.2.2. Waiver of Subrogation. Each Party hereby waives (the "Waiving Party ") any rights the Waiving Party may have against the Developer or other Parties (including but not limited to a direct action for damages) on account of any loss or damage suffered by the Waiving Party (whether or not such loss or damage is caused by the fault, negligence or other tortious conduct, acts or omissions of the Developer or other Parties or their respective officers, directors, employees, agents, contractors or invitees), to their respective property, 12 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc respective Lots and the improvements thereon, its contents or to any other portion of the same arising from any risk covered by or which could be covered by the forms and type of property insurance required to be carried by the Parties, respectively, under this Agreement. The Parties hereto each, on behalf of their respective insurance companies insuring the property of such Parties against any such loss, waive any right of subrogation that such Parties or the respective insurers may have against the other or their respective officers, directors, employees, agents, contractors or invitees and all rights of their respective insurance companies based upon an assignment from its insured. If necessary to prevent the invalidation of such insurance coverage by reason of said waivers, each Party agrees to give each such insurance company written notification of the terms of the mutual waivers contained in this Section and to have said insurance policies properly endorsed. The foregoing waiver shall be effective whether or not the Parties maintain the required insurance or given written notice of the waivers contained herein to their insurance companies. 11. Prohibited Uses. All Lots shall be used only for uses that are consistent with this Agreement and consistent with and complimentary to the uses of the other Permittees, and for such other uses as are typically found in similar first class shopping centers in the Owasso, Oklahoma metropolitan area, unless otherwise approved by Developer in the exercise of its sole and absolute discretion (i.e., without the joinder or approval of any other party). Without limiting the foregoing, the Parties shall limit the uses conducted on their respective Lots to restaurant and food service establishments, dry cleaners, banks, video rental stores, theaters, "Offices" (as defined below) and retail uses typically found in similar first class shopping centers in the Owasso, Oklahoma metropolitan area. For the purposes of this Section, the term "Offices" shall mean businesses providing services commonly found in similar first class shopping centers in the Owasso, Oklahoma metropolitan area (including, by way of example only, and not by way of limitation, the following: financial services, real estate brokerage, insurance agency, bank, travel agency, medical, dental or legal services or general office use), provided that not more than a total of ten percent (10 %) of the gross leasable area of the ground floor of all Buildings within the Developer Property, in the aggregate, may be devoted to such Office uses, exceptwith Developer's prior consent (which may be given or withheld in Developer's sole and absolute discretion). Notwithstanding the foregoing sentence, none of the following uses or operations shall be conducted or permitted on or with respect to all or any part of the Lots, unless otherwise approved by Developer in its sole discretion (i.e., without join der or approval of any other party): 11.1. Any public or private nuisance. 11.2. Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness. 11.3. Any use which emits or results in strong, unusual or offensive odors (but not such odors as shall normally emit from restaurants) fumes, dust or vapors, is a public or private nuisance, creates a hazardous condition, or is used, in whole or in part, as or for warehousing or the dumping or disposing of garbage or refuse, other than in enclosed receptacles intended for such purpose. 11.4. Any use which emits excessive quantities of dust, dirt, or fly ash; provided however, this prohibition shall not preclude the sale of soils, fertilizers, or other garden materials or building materials in containers if incident to the operation of a home improvement or other similar store. 11.5. Any use which could result in, or cause, any fire, explosion or other damaging or dangerous hazard, including without limitation the storage, display or sale of explosives or fireworks; PROVIDED, HOWEVER, in no event shall the foregoing prevent any Permittee of a The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc 13 Party from selling firearms, ammunition or other items typically found in a full service sporting goods store; however, a gun range or any similar operation is specifically prohibited. 11.6. Any operation primarily used as a storage facility, or for assembling, manufacturing, distillating, refining, smelting, agriculture or mining operations. 11.7. Any mobile home or trailer court, auction house, labor camp, junkyard, mortuary, funeral home, stock yard, veterinary hospital or animal raising facility (except that, notwithstanding the foregoing, the provisions of this paragraph shall not prohibit the temporary use of construction trailers as approved by Developer during periods of construction, reconstruction, or maintenance). Notwithstanding the foregoing, the operation of a "Petsmart" or "Petco" (or any similar regional or national pet store) as such stores are operated from time to time (which may include, without limitation, veterinary, grooming and /or boarding services) shall be a permitted use within the Developer Property. etc.). 11.8. Any drilling for and /or removal of subsurface substances (such as minerals, oil, 11.9. Any automobile, truck, trailer or recreational vehicle sales, rental, leasing or body and fender repair operation. 11.10. Any flea market and /or swap meet or surplus store; PROVIDED HOWEVER, the operation of a consignment shop such as, by way of example only and not of limitation, "Terri's Consign & Design" or "2nd Swing" (or any similar business) shall not be prohibited hereunder. 11.11. Any adult book shop, movie house or other establishment selling or exhibiting pornographic materials or other pornographic use. 11.12. Any automobile service facility; PROVIDED HOWEVER, the foregoing shall not prohibit the installation, repair and /or servicing of stereo and other electronic equipment, or the like, in automobiles /vehicles. 11.13. Any tattoo parlor or any establishment selling drug related paraphernalia or any facility the use of which is unlawful, immoral, obscene, pornographic, orwhich tends to create or maintain a nuisance or do any act tending to injure the reputation of the Developer Property. 11.14. Any abortion clinic, blood bank or drug rehabilitation clinic. 11.15. Any sales within an Outside Sales Area, unless approved by Developer (in its sole and absolute discretion). 11.16. Any central laundry, dry cleaning plant, or laundromat; provided, however, this prohibition shall not be applicable to nominal supportive facilities for on -site service oriented to pick up and delivery by the ultimate consumer as the same may be found in a first class shopping center. 11.17. Any bowling alley, pool or billiard hall, or skating rink; PROVIDED, HOWEVER, the foregoing shall not prohibit or restrict the operation of pool or billiards tables in a manner that is incidental to any tenant's primary use. 11.18. Any health club, gymnasium, karate center or studio containing more than 3,000 square feet of Floor Area; PROVIDED, HOWEVER, the foregoing shall not prohibit or restrict the operation of any day -spa or beauty salon. 14 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc 11.19. Any movie theater or cinema, or any video rental store, but excluding a "Blockbuster' or another similar national retailer. 11.20. Any amusement or video arcade (defined as any store containing more than five (5) electronic games), but excluding (1) "Gamestop" or another similar national retailer and (2) any such operations that are an ancillary aspect (i.e., not to exceed 100 square feet of space) of a full service, sit down restaurant, or any game parlor or any other facility operated solely for entertainment purposes (such as a "laser tag" or "virtual reality" theme operation). 11.21. Any discotheque or dance hall, provided, however, the foregoing shall not prohibit or restrict such operation as a part of any restaurant being operated on the Lots. 11.22. Any training or educational facility, including but not limited to: beauty schools, barber colleges, reading rooms, places of instruction or other operations catering primarily to students or trainees rather than to customers; provided however, this prohibition shall not be applicable to on -site employee training by a Permittee incidental to the conduct of its business on such Lot or to pet- training in connection with a pet shop or pet supply store. 11.23. Any check cashing company or a pawn shop. 11.24. Any carnival, circus or amusement park. 11.25. Any banquet hall; auditorium or other place of public assembly. 11.26. Any gambling facility or operation, including but not limited to: off -track or sports betting parlor; table games such as black -jack or poker; slot machines, video poker /black- jack /keno machines or similar devices; or bingo hall. Notwithstanding the foregoing, this prohibition shall not apply to governmental sponsored gambling activities, or charitable gambling activities, so long as such governmental and /or charitable activities are incidental to the business operation being conducted by the Permittee. 11.27. No auction, fire or going out of business sales shall be conducted in the Developer Property. 12. Future Subdivision. Notwithstanding anything to the contrary contained in this Agreement, no Party, other than Developer, shall have the right, without Developer's consent, to further subdivide a Lot or add additional land to a Lot or to the Developer Property. Until such time as an individual Lot is conveyed to a successor Party, Developer, in its sole discretion without joinder of any other party, but subject to the terms of this Agreement, reserves the right to: (i) adjust, make a Lot larger or smaller, (ii) redefine the location of a Lot and the perimeter lot lines of said Lot, (iii) change the configuration of parking, traffic islands and landscaping within said Lots, (iv) add or remove land to or from said Lots, and (v) make such other reasonable changes as shall accommodate the potential users of such Lot and /or the Developer Property. In the event of the addition or removal of land from the Developer Property as provided in this Section, Developer shall have the right to amend this Agreement to reflect such change, without approval or joinder of any other party. 13. Hazardous Material. No Party shall keep, store, produce, permit to be kept, stored or produced, on or about such Party's Lot or any improvements thereon, for use, disposal, treatment, generation, storage or sale, any substance designated as, or containing components designated as hazardous, dangerous, toxic or harmful or which may be considered a Hazardous Material and /or is subject to regulation by any federal, state or local law, regulation, statute or ordinance now or hereinafter enacted. In addition, the Parties agree not to release or discard any Hazardous Materials on said Party's Lot, or any other Lot within the Developer Property. Notwithstanding the foregoing, Parties may store, handle and use the following chemicals, substances or materials if they are used, stored, handled and disposed of in material compliance with environmental laws then in effect: (i) 15 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc chemicals, substances or materials routinely used in office areas; (ii) janitorial supplies, cleaning fluids or other chemicals, substances or materials reasonably necessary forthe day -to -day operation or maintenance of the Party's business and property or the business of any lessee of an Party, and (iii) chemicals, substances or materials reasonably necessary for the construction or repair of improvements on Party's Lot. Each Party covenants that so long as it is the owner of its respective Lot, at Party's sole cost and expense, it shall promptly comply with all laws and ordinances and the orders, rules and regulations and requirements of all federal, state and municipal governments and appropriate departments, commissions, boards, and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Lot is situated, or any other body now or hereafter constituted exercising similar functions, foreseen or unforeseen, ordinary as well as extraordinary, and whether or not the same require structural repairs or alterations, which may be applicable to the Lot or any improvements thereon, or the use or manner of use of such Lot or improvements. Each Party shall likewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any time in force with respect to the Lot, the improvements and equipment on the Lot or in the improvements. In addition, each Party, at its cost and expense, shall comply with all laws, statutes, ordinances, rules and regulations of any governmental authority ( "Agency ") having jurisdiction thereof concerning environmental matters, including, but not limited to, any discharge into the air, waterways, sewers, soil or ground water of any substance or "pollutant ". Upon prior reasonable notice and at times reasonably acceptable to such Party, Developer and its agents and representatives shall have reasonable access to the Developer Property and any improvements thereon for the purpose of ascertaining the nature of the activities being conducted thereon and to determine the type, kind and quantity of all products, materials and substances brought onto the Lot(s) or any improvements thereon or made or produced thereon and if Developer or its agents shall in their inspection of the Lot(s), damage the property then they shall restore the property to its prior condition. Each Party, and all occupants of the Lot or any improvements thereon claiming under Party, shall provide to Developer copies of all manifests, schedules, correspondence and other documents of all types and kinds when filed or provided to an Agency or otherwise required to be maintained by an Agency or as such are received from any Agency. Developer and its agents and representatives shall have the right to take samples in quantity sufficient for scientific analysis of all products, materials and substances present on the Lot(s) or in any improvements thereon, including, but not limited to, samples of products, materials or substances brought onto or made or produced on the Lot(s) or in any improvement thereon by a Party or an occupant claiming under a Party or otherwise present on the Lot or any improvements thereon. If a Party breaches the obligations stated in this paragraph, or if the presence of Hazardous Material on the Lot or improvements thereon caused or permitted by a Party results in contamination of the Lot and /or improvements, or if contamination of the Lot or improvements by Hazardous Material otherwise occurs for which such Party is legally liable to Developer or any other Party for damage resulting therefrom, then such Party shall indemnify, defend and hold Developer and any other Party harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the period during which such Party is the owner of such Lot as a result of such contamination. Any Party who is asked to "defend" Developer or another Party shall have the right to select defense counsel. In the event the indemnified party desires to select its own counsel, it shall be at the indemnified party's sole expense and such defense shall be tendered immediately and in a manner that does not prejudice the rights of the Indemnitor. Any indemnity under the provisions of this Section shall not apply to any claims brought separately against the indemnified party for a separate act or omission. This indemnification of Developer and all other Parties by each Party includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or ground water on or under the respective Lot. Without limiting the foregoing, if the presence of any Hazardous Material on the Lot caused or permitted by a Party results in any contamination of the Lot and /or improvements thereon, Party shall promptly take all actions at its sole expense as are required by applicable law to return the Lot and /or improvements to the condition existing prior to the introduction of any such Hazardous Material. If a Party does not promptly take such action to return 16 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc the Lot and /or improvements to its /their prior condition as required, Developer shall have the right, but no obligation, to take such action as required by law to return the Lot and /or improvements to their prior condition, immediately following notice to such Party by Developer of its intent to take such action, and such Party shall reimburse Developer for any costs incurred by Developer in connection therewith upon submission by Developer to said Party of such costs. 14. Default and Remedies. 14.1. Notice and Cure. A default shall occur under this Agreement if any Party (a "Defaulting Party ") shall fail to perform any of the terms, provisions, covenants or conditions to be performed or complied with by the Defaulting Party pursuant to this Agreement and any such failure (except as to emergencies or as to snow removal) shall remain uncured for a period of thirty (30) days after the other party (the "Non- Defaulting Party ") shall have served upon the Defaulting Party written notice of such failure; provided that no default shall occur if: (i) the default is of such character as reasonably to require more than thirty (30) days to cure and the Defaulting Party shall commence to cure such defaultwithin said thirty (30) day period and shall continuously and diligently cure such default after commencing such cure; or (ii) a separate notice and remedy provision is specifically provided elsewhere in this Agreement for such default and the Defaulting Party complies with and cures under said provision. Notwithstanding the foregoing, if the failure of the Defaulting Party relates to a matter which is of an emergency nature involving immediate threat of damage or injury to persons or property or a failure of the Defaulting Party to remove snow from the parking areas, then (i) the Non - Defaulting Party, at is option, may perform any such term, provision, covenant, or condition, or make any such payment required to cure such default provided that the Non - Defaulting Party provides the Defaulting Party with notice of such failure within 24 hours after the Non - Defaulting Party discovers the same, (ii) the Defaulting Party shall promptly reimburse the Non - Defaulting Party for all such expenses and costs incurred and (iii) the Non - Defaulting Party shall not be liable or responsible for any loss or damage resulting to the Defaulting Party or anyone holding the Defaulting P arty on account of such cure. 14.2. Default Interest. Interest shall accrue on sums owed by a Defaulting Party to a Non - Defaulting Party and shall be payable from the date any such sum first became due hereunder until paid in full, at a rate of interest (the "Default Rate ") equal to the lesser of: (a) the floating rate which is equal to four percent (4 %) per annum in excess of the annual rate of interest from time to time announced by the largest federally insured bank in the City (or such other bank as may reasonably be selected by Developer), as its corporate base rate or so called prime rate of interest, or (b) the then maximum lawful rate of interest in the State applicable to the capacity of the Defaulting Party and the nature of the debt. In the event a corporate base rate is not announced, and no maximum lawful rate applies, then the Default Rate shall equal eighteen percent (18 %) per annum. 14.3. Additional Remedies. The Non - Defaulting Party may offset any sums due to the Defaulting Party (an "Offset ") pursuant to this Agreement. Any Offset pursuant to the provisions of this Subsection shall not constitute a default in the payment thereof unless the Non - Defaulting Party taking such offset shall fail to pay the amount of such Offset of the Defaulting Party within thirty (30) days after final adjudication that such Offset is owing to the Defaulting Party and thus was improperly deducted. The right to Offset given in this Subsection is for the sole protection of the Non - Defaulting Party, and its existence shall not release the Defaulting Party from the obligation to perform the terms, provisions, covenants and conditions herein proved to be performed thereby or deprive the Non - Defaulting Party of any legal rights. In addition, in the event of a breach, or attempted or threatened breach, of any terms, provisions, covenants or conditions of this Agreement, the Non - Defaulting Party shall be entitled, in addition to any of the foregoing rights, to full and adequate relief by injunction, damages, and all other available legal and equitable remedies from the consequences of such breach. 17 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc 14.4. Non - exclusive Right of Entry and Non - exclusive Easements. Each Party hereto hereby grants to the other a non - exclusive right of entry and non - exclusive easements for and during the Term of this Agreement, as herein after defined, in over and under their respective real property (excluding the right to enter any Buildings thereon) for all purposes reasonably necessary, to enable the Non - Defaulting Party (acting directly or through agents, contractors or subcontractors) to perform any of the terms, provisions, covenants or conditions of this Agreement on the part of the Defaulting Party to be performed. 15. Eminent Domain. 15.1. Owner's Right To Award. Nothing herein shall be construed to give any Party any interest in any award or payment made to another Party in connection with any exercise of eminent domain ortransfer in lieu thereof affecting said other Party's Lot or giving the public or any government any rights in said Lot. In the event of any exercise of eminent domain or transfer in lieu thereof any part of the Common Area, including the Lots, the award attributable to the land and improvements of such portion of the Common Areas shall be payable only to the owner thereof, and no claim thereon shall be made by the owners of any other portion of the Common Areas. 15.2. Collateral Claims. All other owners of the Common Area may file collateral claims with the condemning authority for their losses which are separate and improvements taken from another owner. 15.3. Tenant's Claim. Nothing in this paragraph shall prevent a tenant from making a claim against an owner pursuant to the provisions of any lease between tenant and owner for all or a portion of any such award or payment. 15.4. Restoration of Common Areas. The owner of any portion of the Common Area so condemned shall promptly repair and restore the remaining portion of the Common Areas within its respective Lot as nearly as practicable to the condition of the same immediately prior to such condemnation or transfer, to the extent that the proceeds of such award are sufficient to pay the cost of such restoration and repair and without contribution from any other owner. 16. Release from Liability. Any person or entity acquiring fee or leasehold title to the Lots, or any portion of the Lots, or any expansion of the Developer Property, or any portion thereof, shall be bound by this Agreement only as to the Lot or Storm Basin or portion of the Lot or Storm Basin acquired by such person or entity. In addition, except to the extent expressly stated in this Agreement to the contrary, such person or entity and Developer shall be bound by this Agreement only during the period such person or entity or Developer is the fee or leasehold owner, as to obligations, liabilities, or responsibilities that accrue during said period of ownership. Although persons may be released under this paragraph, the easements, covenants, and restrictions in this Agreement shall continue to be benefits to and servitudes upon said Developer Property and the Lots and Storm Basins running with the land. Notwithstanding the foregoing, no such Party shall be so released until notice of such Transfer has been given in the manner set forth below, at which time the Transferring Party's personal liability for unaccrued obligations shall terminate. A Party transferring all or any portion of its interest in the Developer Property shall give notice to Developer of such Transfer and shall include therein at least the following information: (i) the name and address of the new Party; and (ii) a copy of the legal description of the portion of the Developer Property so Transferred. Until notice of such Transfer is given, the Transferring Party shall (for purposes of this Agreement only) be the Transferee's Agent. For the purposes of this Section, "Transfer" means a conveyance by way of sale. In the event Developer shall transfer all of its interest in the Developer Property, Developer shall give notice of such Transfer to all Parties and shall include therein the name and address of the Party designated as "Developer". 18 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc 17. Estoppel Certificate. Each Party and signatory hereto hereby severally covenants that within twenty (20) days following written request of any other Party, it will issue to such other Party, or to any Mortgagee, or any other Person specified by such requesting Party, an estoppel certificate stating: (i) whether the Party or signatory to whom the request has been directed knows of any default under this Agreement, and if there are known defaults, specifying the nature thereof; (ii) whether to its knowledge this Agreement has been assigned, modified or amended in any way (or if it has, then stating the nature thereof); (iii) that to the Party's or signatory's knowledge this Agreement as of that date is in full force and effect. Such statements shall not subject the Party furnishing it to any liability, notwithstanding the negligent or otherwise inadvertent failure of such Party to disclose correct and /or relevant information. However, the Party furnishing the certificate shall not be entitled to assert or enforce any claim against the Person to whom it is issued (or against such Person's property) which is contrary to the statements contained in the certificate and such person acted in reasonable reliance upon such statement, except to the extent that the Person against whom the claim would be asserted had actual knowledge of facts to the contrary. 18. Rights of Successors. The easements, restrictions, benefits, and obligations hereunder shall create mutual benefits and servitudes running with the land. All transfers or conveyances must be filed of record and a written notice must be forwarded to Developer containing such new owner's notice address and information. A transferee or successor to the interest of Developer shall take subject to Developer's approvals, lease provisions or agreements amending, modifying or adjusting a particular tenant's obligations hereunder, subsequent written agreements or releases of obligations hereunder, individual written agreements with a Party, or other written agreements orwritten discretionary approvals or consents of Developer permitted by this Agreement. This Agreement shall bind and inure to the benefit of Developer, to include its respective heirs, representatives, lessees, successors, and assigns. The singular number includes the plural, and the masculine gender includes the feminine and neuter. 19. Non Merger. This Agreement shall not be subject to the doctrine of merger. 20. Term /Modification. This Agreement and each term, easement (or such longer period as provided herein in regard to and easement), covenant, restriction and undertaking of this Agreement shall be effective as of the date hereof and will remain in effect for a term (the "Initial Term ") of ninety (90) years (the "Expiration Date "). Notwithstanding the foregoing, this Agreement shall be automatically extended for successive terms of ten (10) years each unless, on or before the expiration of the Initial Term or any subsequent term of ten (10) years, one hundred percent (100 %) of the then Parties and the holders of all notes secured by mortgages encumbering any of the Lots, or any part thereof, shall duly execute and file in the office of the Register of Deeds of the County in which the Developer Property is located, a declaration wherein said owners and noteholders shall agree that said covenants, restrictions, rights and privileges shall be amended, modified orterminated in whole or in part. Except as otherwise provided herein, any amendment or modification to this Agreement shall require the written consent of Developer and the owner(s) of any Lot(s) affected by such amendment or modification. Upon such unanimous consent, said covenants, restrictions, rights and privileges may be so amended, modified or terminated as the Parties may so agree. Any and all references herein to the "Term" shall mean the Initial Term and any properly exercised extension thereof. 21. Rules and Regulations. Developer may establish reasonable rules and regulations applicable to the Common Areas (the "Rules and Regulations "). Developer hereby initially adopts the Rules and Regulations in the form of Exhibit C attached hereto, and which may be revised from time to time by Developer at its sole reasonable discretion. Developer shall make reasonable efforts to enforce all of such rules and regulations against all Permittees. 22. Name of Developer Property. Developer shall have the right at any time to change the name of the Developer Property. 19 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc 23. Other Tenancies. Subject to the terms of this Agreement, including all exhibits hereto, and subject to all applicable laws, codes and ordinances, Developer reserves the right to affect such tenancies in the Developer Property or upon any Lot owned by Developer as Developer in the exercise of its sole business judgment. 24. Developer Exculpation. It is expressly understood and agreed that notwithstanding anything in this Agreement to the contrary, and notwithstanding any applicable law to the contrary, the liability of Developer hereunder (including any successor Developer hereunder) with respect to monetary damages arising hereunder and any recourse by any Party against Developer with respect to monetary damages arising hereunder shall be limited solely and exclusively to the interest of Developer in and to the Developer Property and Developer's interest in and to the Lots, and neither Developer, nor any of its constituent partners, subpartners, members, managing members or agents, shall have any personal liability therefor, and each Party, on behalf of itself and all persons claiming by, through or under such Party, hereby expressly waives and releases Developer and such partners, subpartners, members, managing members or agents from any and all personal liability, except for claims caused by the negligence or willful act of Developer. 25. Notices. All notices, approvals, consents, or requests given or made pursuant to this Agreement shall be in writing and either (i) sent by a nationally recognized overnight courier, (ii) personally delivered, or (iii) sent by registered or certified mail with the postage prepaid. Notices personally delivered shall be deemed delivered on the date of delivery. Notices via overnight courier shall be deemed delivered on the date following deposit with such courier and certified or registered mail shall be deemed delivered three (3) business days after deposit with the U.S. Mail, as applicable. Notices to Developer: Attention: and a copy to: Such addresses may be changed from time to time by either Party hereto by serving notice as herein provided. Notwithstanding anything to the contrary herein, any Party may give another Party notice of the exercise of any option herein granted or for the need for emergency repairs via facsimile with confirmation of receipt and deposit of the original notice in the U.S. Mail. The Parties hereto agree that if, at the time of the sending of any notice required or permitted to be given hereunder, the interests of any Party hereto in its respective property shall be encumbered by a first mortgage and the other Party hereto has been notified in writing thereof and of the name and address of the mortgagee a copy of said notice shall also be sent to such mortgagee by registered or certified mail at the address so given. 26. Headings. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of this document nor in any way affect the terms and provisions hereof. 27. Entire Agreement. This Agreement and the Exhibits hereto contain all the representations and the entire agreement between the Parties with respect to the subject matter hereof. Any prior correspondence, memoranda or agreements are superseded in total by this Agreement and Exhibits hereto. The provisions of this Agreement shall be construed as a whole 20 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc according to their common meaning and not strictly for or against any Party. This Agreement once executed and delivered, shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document. The following exhibits are attached hereto and incorporated herein by reference: Exhibit A Legal Description of Developer Property Exhibit B Site Plan of the Developer Property Exhibit C Rules & Regulations Exhibit D Usable Land Exhibit Exhibit E Design Criteria 28. Governing Law. These covenants and restrictions shall be governed by and construed by the laws of the State. 29. Severability. If any provision of this Agreement or the application thereof to any persons or circumstances shall, to any extent, be invalid or unenforceable under applicable law, the remainder of this Agreement, or the application of such provision to other persons or circumstances, shall not be affected thereby, and each provision of these covenants and restrictions shall be valid and enforceable to the fullest extent permitted by law. 30. Counterparts. This Agreement may be executed in counterparts, and when taken together shall represent one original document notwithstanding the fact that all parties are not signatories to the same original document. 31. Association. Developer reserves the right at any time by written notice to the other Parties to elect to convey the Storm Basins to an owner's association to be formed by Developer ( "Association ") prior to such election, provided such conveyance shall not affect or diminish the obligation of the Developer or its permitted successorto maintain the Storm Basins as provided herein. The membership of the Association shall be comprised of the Parties at the time of such election and each Party's interest in the Association shall be commensurate with such Party's Proportionate Share of Storm Basin Expenses. [REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] 21 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc IN WITNESS WHEREOF, the undersigned has executed this Declaration of Easements with Covenants and Restrictions Affecting Land the day and year first written above. Developer: ,an Oklahoma limited liability company By Its 22 The Sevens Declaration of Easements Cov Restrict DRAFT01 072908.doc STATE OF OKLAHOMA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200_, by , a Manager of , an Oklahom a limited liability company, on behalf of the company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. Notary My Commission Expires: EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Block 1, Lots 1 through 5, Common Area A and Drainage Easement and Common Area B and Drainage Easement, The Sevens, a subdivision in Tulsa County, Owasso, Oklahoma. t I \U\ I 6 a II Y k1 f ` O O O � O 1.. _.. t I \U\ I 6 a c� o II f ` O � O W W la ti W J ¢ o ' U N U S c� o EXHIBIT C RULES AND REGULATIONS All Lots shall be governed by the following Rules and Regulations unless otherwise agreed by Developer, its successors or assigns. Developer shall not be responsible for the violation or nonperformance by any other Permittee of the Developer Property with regard to these Rules and Regulations; provided, however, that Developer agrees to use its reasonable efforts to cause such Permittee to comply with these Rules and Regulations. Unless otherwise provided, all terms used in these Rules and Regulations shall have the same meaning as set forth in this Agreement. To the extent that the provisions of these Rules and Regulations are inconsistent with the provisions of this Agreement, the provisions of the Agreement shall control. Common Area 1.1. The surface of the parking area and sidewalks shall be maintained level, smooth and evenly covered with the type of surfacing material originally installed thereon, or such substitute thereof as shall be in all respects equal thereto in quality, appearance and durability. 1.2. All papers, debris, filth and refuse shall be removed from the Lots, and paved areas shall be washed or thoroughly swept as required. All parking lot sweeping shall be at intervals before the stores shall be opened for business to the public. 1.3. All trash and rubbish containers located in the Common Area for the use of Permittees shall be emptied on a sufficiently regular basis and shall be washed at intervals sufficient to maintain the same in a clean condition. 1.4. All landscaping shall be properly maintained, including watering, removal of dead plants, weeds and foreign matter and such replanting and replacement as the occasion may require. 1.5. All hard - surfaced markings shall be inspected at regular intervals and promptly repainted as the same shall become unsightly or indistinct from wear and tear, or other cause. 1.6. All storm drain catch basins shall be cleaned on a schedule sufficient to maintain all storm drain lines in a free - flowing condition and all mechanical equipment related to storm drain and sanitary sewer facilities shall be regularly inspected and kept in proper working order. 1.7. All asphalt paving shall be inspected at regular intervals and maintained in a first class condition without potholes or damaged areas. 1.8. All surface utility facilities servicing the Common Area, including, but not by way of limitation, hose bibs, standpipes, sprinklers and domestic water lines, shall be inspected at regular intervals and promptly repaired or replaced, as the occasion may require, upon the occurrence of any defect or malfunction. 1.9. All Common Area amenities, benches, and institutional, directional, traffic and other signs shall be inspected at regular intervals, maintained in a clean and attractive surface condition and promptly repaired or replaced upon the occurrence of any defects or irregularities thereto. 1.10. All lamps shall be inspected at regular intervals and all lamps shall be promptly replaced when no longer properly functioning. 1.11. The improvements on and to the Common Area shall be repaired or replaced with materials, apparatus and facilities of quality at least equal to the quality of the materials, apparatus and facilities repaired or replaced. 1.12. The Common Area shall be illuminated in such areas as the Developer shall reasonably determine, and as any of the stores shall be open for business to the public, and for a reasonable period thereafter, in order to permit safe ingress to and egress from the Lots by Permittees, and shall also be illuminated during such hours of darkness and in such manner as will afford reasonable security for the stores. 1.13. Each Party shall use their diligent efforts to arrange with local police authorities to (a) patrol the Common Area on the respective Lot owned by such Party, at regular intervals, and (b) supervise traffic direction at entrances and exits to the Lots during such hours and periods as traffic conditions would reasonably require such supervision. 1.14. The Parties shall use their diligent efforts to require their respective Permittees to comply with all regulations with respect to the Common Area, including, but not by way of limitation, posted speed limits, directional markings and parking stall markings. 1.15. Other than Outdoor Sales Areas approved pursuant to the terms hereof, all of the Common Area shall be maintained free from any obstructions not required, including the prohibition of the sale or display of merchandise outside the exterior walls of Buildings within the Lots, including those within any recessed area. 2. Floor Area 2.1. All floor area, including entrances and returns, doors, fixtures, windows and plate glass shall be maintained by the party occupying such floor area in a safe, neat and clean condition. 2.2. All trash, refuse and waste materials shall be regularly removed from the premises of each store within the Lots, and until removal shall be stored (a) in adequate containers, which containers shall be covered with lids and shall be located in areas designated by Developer so as not to be visible to the general public, and (b) so as not to constitute any health or fire hazard or nuisance to any party. 2.3. Neither sidewalks nor walkways shall be used to display, store or replace any merchandise, equipment or devices, without the express written consent of Developer, which consent may be arbitrarily withheld by Developer in its sole discretion. 2.4. No use shall be made of the Lots or any portion or portions thereof which would (a) violate any law, ordinance or regulation, (b) constitute a nuisance, (c) constitute an extra - hazardous use, or (d) violate, suspend or void any policy or policies of insurance on the stores located thereon. 2.5. The Parties shall use their diligent efforts to require all trucks servicing their respective stores to load and unload such trucks (a) prior to the hours the Lots are open for business to the general public, or (b) so as not to unreasonably interfere with the operation of the other stores within the Lots. 2.6. Each party and all other occupants shall use their diligent efforts, promptly upon receiving notice thereof, to notify each Party and Developer or their respective designated representative, of any significant accident, loss, damage, destruction or any other situation which arises in or about their respective stores or the Common Area which could potentially result in a claim or other action against Developer or such Party. 2.7. No Party, nor any other occupant, shall display flashing lights or neon "open signs" within their premises that are visible from the Common Areas of the Developer Property. 3. Conduct of Persons. The Parties do hereby establish the following rules and regulations for the use of roadways, walkways, the parking areas, and other common facilities provided for the use of Permittees: 3.1. No person shall use any roadway or walkway, except as a means of egress from or ingress to any area within the Lots or adjacent public streets or such other uses as reasonably approved by the Developer and any affected Party. Such use shall be in an orderly manner, in accordance with the directional or other signs or guides. Roadways within the Developer Property shall not be used at a speed in excess of fifteen (15) miles per hour and shall not be used for parking or stopping, except for the immediate loading or unloading of passengers. No walkway shall be used for other than pedestrian travel or such other uses as approved by the Developer. The foregoing regulation is not intended to prohibit Permittees from use of Developer approved cart corral locations within the Developer Property. 3.2. No person shall use the parking areas except for the parking of motor vehicles during the period of time such person or the occupants of such vehicles are customers or business invitees of the retail establishments within the Lots. All motor vehicles shall be parked in an orderly manner within the painted lines defining the individual parking places. During peak periods of business activity, limitations may be imposed as to the length of time for parking use. Such limitations may be made in specified areas. 3.3. No person shall use any utility area, truck court or other area reserved for use in connection with the conduct of business, except for the specific purpose for which permission to use such area is given. 3.4. Subject to governmental laws, rules and regulations, no person shall, in or on any part of the Com mon Area: 3.4.1. Vend, peddle or solicit orders for sale or distribution of any merchandise, device, service, periodical, book, pamphlet or other matter whatsoever, except as approved in writing by the Developer. 3.4.2. Exhibit any sign, placard, banner, notice or other written material. 3.4.3. Distribute any circular, booklet, handbill, placard or other material. 3.4.4. Solicit membership in any organization, group or association or contribution for any purpose. 3.4.5. Parade, rally, patrol, picket, demonstrate or engage in any conduct that might tend to interfere with or impede the use of any of the Common Area by any Permittee, create a disturbance, attract attention or harass, annoy, disparage or be detrimental to the interest of any of the retail establishments within the Lots. 3.4.6. Use any Common Area for any purpose when none of the retail establishments within the Developer Property is open for business or employment. 3.4.7. Throw, discard or deposit any paper, glass or extraneous matter of any kind, except in designated receptacles, or create litter or hazards of any kind. 3.4.8. Use any sound - making device of any kind or create or produce in any manner noise or sound that is annoying, unpleasant, or distasteful to the Parties or Permittees of the Lots. 3.4.9. Deface, damage or demolish any sign, light standard or fixture, landscaping material or other improvement within the Lots or the property of customers, business invitees or employees situated within the Lots. 3.5. The listing of specific items as being prohibited is not intended to be exclusive, but to indicate in general the manner in which the right to use the Common Area solely as a means of access and convenience in shopping at the retail establishments located within the Lots is limited and controlled by the Developer. 3.6. Any party shall have the right to remove or exclude from or to restrain (or take legal action to do so) any unauthorized person from, or from coming upon, the Lots or any portion thereof, and prohibit, abate and recover damages arising from any unauthorized act, whether or not such act is in express violation of the prohibitions listed above. In so acting such party is not the agent of the Developer, other Parties or of tenants of the Lots, unless expressly authorized or directed to do so by such party in writing. 4. Staging Areas for Construction 4.1. Staging Areas. The staging area ( "Staging Area ") for each Party shall be as reasonably located from time to time by Developer based on Developer's construction schedules and in accordance with reasonable rules and regulations which may be promulgated by Developer from time to time. Such Party shall move trailers, equipment, storage facilities including, but not limited to, containers or construction materials, or items as reasonably requested by Developer to accommodate all construction or to reasonably keep the appearance of the Developer Property in an orderly fashion. 4.2. Each Staging Area user shall, during the course of its construction, routinely remove all trash and debris caused by such Staging Area user to the Staging Area and any portion of the Lots including, but not limited to, the Common Area and the adjacent streets and driveways. Each Staging Area user shall keep the Staging Area and any adjacent parking areas in a reasonably neat, clean and sightly condition. Each Staging Area user shall periodically sweep its Staging Area by use of a professional sweeping company. 4.3. Each Staging Area user shall cause its employees, or the employees of its contractors and subcontractors to park in areas reasonably designated by Developer, with respect to any staging on their respective Lot(s), and in the event of a failure to control such unauthorized parking, Developer may tow violating vehicles in accordance with law. 4.4. After work is completed for a particular installation with respect to the Parry's store, the Staging Area user shall promptly, within forty-eight (48) hours, remove any excess materials no longer necessary for the construction of such store. 4.5. All containers and trailers shall be removed from the Staging Area or parking Lot as soon as practicable, but in no event later than forty-eight hours (48) hours of emptying of same (provided that the container or trailer is not required for future use after notice and approval by Developer). The Staging Area user shall move any containers which can be safely moved or rearranged as directed by Developer and is reasonably required to minimize inconvenience in connection with the construction or development of the Lots and their respective Permittees so as to avoid obstructing visibility or access from any public rights of way. 4.6. In the event that a Staging Area user, or its contractors or subcontractors, damage any portions of the Lots, such Staging Area user must, upon written notice from Developer, repair such damage at such Staging Area user's expense. If such Staging Area user fails to make such repairs promptly, Developer may cause repairs to be effected and will submit an invoice to the Staging Area user for any such repairs. 4.7. Upon receipt of written notice from Developer, the Staging Area user will promptly repair any damage caused to any portion of the Lots by the Staging Area user's containers, trailers and operations and shall re- stripe the parking area as necessary in those areas of repair. If the Staging Area user fails to make such repairs promptly, Developer may cause the damaged area to be reasonably repaired and re- striped in the area of the repair and will submit the invoice to the Staging Area user for any such costs or expenses incurred by Developer relating to such repair and re- striping. 4.8. Any temporary signs shall be approved by Developer prior to installation, which approval shall not be unreasonably withheld or delayed. 4.9. The Staging Area user shall, at its sole cost and expense, obtain and connect (and disconnect upon completion) all temporary utilities in a safe and sightly manner. 4.10. Promptly after completion of the portion of the construction requiring such Staging Area, the Staging Area user shall completely remove all items related in any way to the construction of its store from the Staging Area and shall return Staging Area to the condition as hereinbefore provided. 4.11. If a Staging Area user fails to reasonably complete any items above, or fails to remove its containers and other items as required, Developer may request that the Staging Area user make such repairs, or perform such above - stated items and, upon the Staging Area user's failure or refusal to do so within twenty -four (24) hours, Developer shall have the right (but shall not be obligated), either itself or through a third -party contractor, to perform all the foregoing items and thereupon the Staging Area user, within ten (10) days, shall reimburse Developer for any costs and expenses reasonably incurred by Developer in connection therewith. EXHIBIT D USABLE LAND Block 1, Lot 1 2.02 usable acres Block 1, Lot 2 0.77 usable acres Block 1, Lot 3 1.00 usable acres Block 1, Lot 4 1.28 usable acres Block 1, Lot 5 0.98 usable acres 6.05 Usable Acres in the Developer Property EXHIBIT E Design Criteria Owasso, Oklahoma Building Elevations: • Exterior Building elevations may be pre -cast concrete, brick, stucco, exterior insulation finish systems (EFTS), stone, glass or any combination of these materials, as approved by Developer. Simulated stone or brick products may be allowed, subject to approval by Developer. CMU ( concrete Masonry unit), concrete blocks or split face concrete block are not acceptable exterior elevation treatments. However ground face CMU or polished face CMU will be allowed. No more than 25% of an exterior building elevation may be covered with stucco or EIFS. Brick or stone masonry walls shall also include no less than 10% of each elevation to be in decorative pattern, (i.e.- soldier course or quoined corners for brick and large stones on corners for stone, variations in brick colors /brick patterns, horizontal and vertical changes in plane, etc.). Metal wall panels are not allowed, nor is wood siding, vinyl siding or residential grade materials. Metal trim along building parapets is allowed, as well as at awnings, overhangs and covered walkways. • Exterior building materials and color samples shall be presented for approval by the Developer. • All buildings shall be commercial in appearance with low -slope roofs and continuous parapets exceeding the maximum peak of any roof. Pitched roofs for awnings or covered walkways contiguous to the building may be accepted subject to Developer approval. Pitched roofs for architectural elements may be allowed. Roofs along all exposed to public view elevations shall be standing seam metal, clay tile, slate, or synthetic slate. Pre - Engineered metal roof panels will be not permitted, nor are residential composition roof shingles. Low -slope roofs shall be of a building code approved material. • Low voltage and / or decorative lighting is encouraged to be incorporated into the design to enhance the buildings exterior after dark. • Security lighting, with cut -off shields shall be installed along all service entries, exits and rear elevations. Site Requirements: • All entrances to individual Lots from the City dedicated streets are required to have concrete approaches for the first 35' into the Lot. All concrete approaches are to be stamped with Bomanite, Bomacron Patterned concrete with Running Bond Used Brick pattern and colored concrete. All parking areas are to be in black asphalt with tinted /colored concrete and white parking Lot striping. All hard surfaced walkways or sidewalks are to be stamped (ADA compliant) and tinted concrete. • Landscape plans must be submitted to the Developer for approval. Not less than 5% of the Lot area shall be planted in landscaped beds. Not less than 10% of the site area shall be landscaped with grass. Landscape / low voltage lighting should be incorporated into the design. • Landscape plans must be in compliance with City of Owasso, OK [Zoning Ordinance, Chapter 16" — [ "Landscape Requirements "]. • Parking Lot lighting is a requirement for each individual Lot. Parking Lot lighting should maintain a minimum of 2.5 foot candles at all parking Lot areas. Metal Halide lamps shall be used for all parking Lot lighting. Light poles shall be 39 feet tall on a 3 foot concrete base. Parking Lot lighting should be on photocells with a programmable timer override. Parking Lot lights shall remain on until 1:00 AM, everyday, and come back on by 6:00 AM everyday. If store hours are 24 hour operation, parking Lot lights shall remain on all night. Decorative Streetscape Lighting shall be equal to: Visco, Inc., Model: V1- A- 1 -F/16. The lighting rep in Oklahoma for this fixture is at Oklahoma Lighting Service, 1- 405 - 842 -4053 or Shakespeare Composite Structures — The Historical Series, Light Model CC90 with Style 248S Bracket Arm and 12 foot pole - 1- 800 - 800 -9008. Site Screening: • Each Lot should provide for a trash enclosure to match the materials and design of the build on said Lot. Trash Enclosures are to have steel gates mounted on steel posts. Chain link enclosures and chink link gates (with or without vinyl or wood slats) are not allowed. • All buildings are required to screen any rooftop mounted equipment in such a way so no pedestrian can see while standing on the ground anywhere within the development. This criteria includes back or rear elevations of all buildings. Parapet walls may serve as roof screens. Signage: • Pylon Signs, monument signs, pole signs shall be submitted to Developer for approval. All free - standing signs shall be submitted to City of Owasso for approval. Approval by the Developer does automatically achieve approval from City of Owasso. • Wall mounted, or building mounted signage must be submitted to the Developer for approval. Wall mounted and building signage must also be submitted to City of Owasso for approval. • Traffic and vehicular signage must be submitted to City of Owasso for approval. • Temporary signs, banners, balloons, inflatable's and other forms of advertising are not permitted. y - MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ELECTION OF OFFICERS DATE: AUGUST 1, 2008 BACKGROUND: Appendix A — `By -Laws of the Owasso Planning Commission" of the Owasso Zoning Code requires that officers be elected each year. The election of officers is being placed on the August 11, 2008 Planning Commission agenda. OFFICERS: Two members of the Planning Commission serve as officers — the chairman and vice - chairman. The duties of the chairman are to preside at Planning Commission meetings, follow the meeting agenda, and allow for all sides of a case to be heard. The vice - chairman assumes the duties of the chairman at all meetings where the chairman is absent. RECOMMENDATION: The staff will recommend that the Planning Commission elect a Chair and Vice Chair to serve through July, 2009.