Real Estate & Zoning
The firm has broad based experienced in commercial and residential real estate matters representing parties in commercial and residential property acquisition and disposition, commercial leasing and development, residential development and title, boundary and zoning disputes, and riparian and watershed rights. The firm’s attorneys also have substantial experience in resolving, and where necessary, litigating the enforceability of restrictive covenants and private restrictions on the use of land in real estate and zoning.
Representative Experience
- Represented a group of investors, acting together as tenants-in-common, in connection with acquisition of a $6 million commercial office/warehouse center located in Tulsa, Oklahoma, financed by funds raised through a Reg D private placement and a syndicated non-recourse loan. The representation included the negotiation and preparation of the acquisition agreement, loan documents, the tenancy in common agreement and the preparation and filing of required Reg D filings with the SEC and state securities departments.
- Represented a group of investors, acting together as tenants-in-common, in connection with the $32 million acquisition of Boulder Towers, a Class A commercial high rise office tower located in downtown Tulsa, Oklahoma, financed by funds raised through a local bank loan. The representation included the negotiation and preparation of the acquisition agreement, loan documents, the tenancy in common agreement and various conveyance documents, as well as the review of title, survey and zoning matters in compliance with complex subdivision, zoning and easement requirements.
- Represented a group of investors, acting together as tenants-in-common, in connection with the $7 million acquisition of land located in Tulsa, Oklahoma, financed by funds raised through a local bank loan, and the lease of such real estate to a global multi-billion dollar manufacturing concern. The representation included the negotiation and preparation of the acquisition agreement, loan documents, the tenancy in common agreement, various conveyance documents, tenant lease, as well as the review of title, survey and zoning matters in compliance with complex subdivision, zoning and easement requirements.
- Represented an independent real estate firm in connection with the acquisition of $32 million of 4 different apartment complexes located in Tulsa, Oklahoma. The representation included the negotiation and preparation of the acquisition agreement, various conveyance documents, as well as the review of title, survey and zoning matters in compliance with complex subdivision, zoning and easement requirements.
- Represented an independent real estate firm in connection with the acquisition of a $9.6 million apartment complex located in Tulsa, Oklahoma. The representation included the negotiation and preparation of the acquisition agreement, various conveyance documents, the negotiation of a $7.6 million loan, as well as the review of title, survey and zoning matters in compliance with complex subdivision, zoning and easement requirements.
- Represented an independent real estate firm in connection with the acquisition and subsequent sale of a convenience store location in Plano, Texas for $3.75 million. The representation included the negotiation and preparation of the acquisition agreement, the sales contract, various conveyance documents, as well as the review of title and survey matters in compliance with complex subdivision, zoning and easement requirements.
- Represented a group of real estate brokers and agents in connection with the $8.7 million sale of a statewide Oklahoma real estate brokerage firm with offices in Tulsa and Oklahoma City, Oklahoma. The representation included the negotiation and preparation of the sales contract, various employment and independent contractor agreements, as well as covenants not to compete.
- Represented a local real estate developer in connection with the acquisition of land in Oklahoma City, Oklahoma, construction and development of a 300,000 square sorting facility financed by funds raised through a local bank loan and the lease of such facility to Amazon.com. The representation included the negotiation and preparation of the acquisition agreement, loan documents, various conveyance documents, the lease to Amazon.com, as well as the review of title and survey matters in compliance with complex subdivision, zoning and easement requirements. Subsequently, the representation also included the negotiation and preparation of a sales contract and the various conveyance documents required for the ultimate sale of the facility.
- Represented a local real estate developer in connection with a multi-year multi-million dollar lease to Starbucks. The representation included the negotiation and preparation of the lease, as well as the review of title and survey matters in compliance with complex subdivision, zoning and easement requirements.
- Represented a local real estate developer in connection with the acquisition of approximately 188 acres of land in Tulsa, Oklahoma, owned by Ford Motor Company as its Tulsa Glass Plant, the decommissioning and demolition of the glass plant, the subdivision of the land and declaration of restrictive covenants and restrictions and the establishment of a business park for the subdivision. The representation included the negotiation and preparation of the acquisition agreement, loan documents, various conveyance documents, including easements and rights of way, as well as the review of environmental matters and title, survey and zoning matters in compliance with complex subdivision, zoning and easement requirements. The representation also included the negotiation and preparation of a lease to a diversified global manufacturing public company of over 550,000 of office/warehouse space and, subsequently, the refinancing of the mortgage indebtedness pursuant to $12 million non-recourse loan from a national life insurance company.
- Continued representation of Oklahoma’s largest industrial warehouse developer in connection with the acquisition, development and leasing of various real estate properties located primarily in and around Oklahoma City and Tulsa, Oklahoma, including several at the Port of Catoosa. The representation typically includes the negotiation and preparation of acquisition agreements, loan documents, ground leases, tenant leases, various conveyance documents, including easements and rights of way, as well as the review of environmental matters and title, survey and zoning matters in compliance with complex subdivision, zoning and easement requirements. For Port of Catoosa or Tulsa Airport projects, the representation has also included obtaining required consents and approvals from the Port Authority and Tulsa Airports Improvement Trust.
- Continued representation of an Oklahoma based qualified intermediary in connection with numerous like-kind exchanges of real estate and equipment, including over 20 exchanges in 2017 alone.
- Continued representation of the Oklahoma commercial real estate office of a global real estate brokerage firm, with offices in Tulsa and Oklahoma City, Oklahoma. The representation typically includes the negotiation and preparation of sales contracts and leases of commercial real estate, and various other real estate related matters.
- Represented a local real estate developer in connection with an $8.4 million acquisition of a commercial real estate office building portfolio located in downtown Tulsa, Oklahoma, financed by funds raised through a local bank loan.
- Represented Tulsa based publicly traded company in protracted litigation involving claims of trespass and quiet title regarding ownership of pipelines in central Oklahoma. Litigation involved researching and analysis of title documents for several pipelines and related equipment facilities over several counties.
- Represented several developers and land owners in proceedings before city councils and boards of adjustments to obtain zoning variances.
- Represented both buyers and sellers in actions involving alleged fraud in the sale of real estate.
- Represented local entrepreneur in the sale of an apartment complex for over $12 million and a hotel for over $2.2 million.
- Representation of an Oklahoma municipality in connection with the acquisition of real estate located in downtown of such municipality. The representation included the negotiation and preparation of the acquisition agreement, various conveyance documents, including easements and rights of way, as well as the review of title, survey and zoning matters in compliance with complex subdivision, zoning and easement requirements.
- Represented and obtained a judgment in favor of a real estate developer regarding the enforcement of restrictive covenants, including two appeals; one over the denial of injunctive relief and one, after oral argument, over the interpretation of the covenants at issue.
- Represented a commercial real estate developer in the acquisition, financing, development and leasing of a commercial shopping center, including the negotiation of an economic development incentive in the amount of $49 million.
- Defended owner of apartment complex against claim of racial discrimination.
Contact Us
15 W 6th St
Suite 2600
Tulsa, Oklahoma 74119
Phone: (918) 583-5800
Fax: (918) 583-8665
©Copyright 2018 Albright, Rusher & Hardcastle. All rights reserved.