HomeMy WebLinkAbout1003_partial utility easement closure_13804 E 93rd Ct NTulsa County Clerk - EARLENE WILSON
_ Doc # 2012037584 Page(s): 2
Recorded 04/20/2012 at 10:59 AM
Recei t # 331575 Fee $15.00
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 1003
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT
LOCATED ON PROPERTY KNOWN AS LOT 34, BLOCK 5, NOTTINGHAM ESTATES III, AN
ADDITION TO THE CITY OF OWASSO, LOCATED IN THE NORTHEAST QUARTER OF
SECTION 21, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA.
WHEREAS THE CITY OF OWASSO RETAINS THE ABSOLUTE RIGHT TO REOPEN THE SAME
WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to
close to the public use a portion of a certain public utility easement; and,
WHEREAS, said portion of utility easement is described as follows:
A TRACT OF LAND THAT IS PART OF LOT THIRTY-FOUR (34}, BLOCK FIVE (5), NOTIINGHAM ESTATES III,
AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO
THE RECORDED PLAT NO. 5384 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 34, BLOCK 5; THENCE N68°36'22"W
ALONG THE SOUTHERLY LINE OF SAID LOT 34 A DISTANCE OF 13.66 FEET TO THE POINT OF
BEGINNING; THENCE N68°36'22"W CONTINUING ALONG SAID SOUTHERLY LOT LINE A DISTANCE
OF 5.11 FEET; THENCE N00°08'49"E 191.32 FEET; THENCE S62°59'36"E 4.06 FEET; THENCE SO0°1 1'46"E
191.35 FEET TO THE POINT OF BEGINNING.
THE VACATED EASEMENT CONTAINS 801.3 SQUARE FEET.
Section 1. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby
repealed to the extent of the conflict only.
Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or
ineffective, the remaining portion shall not be affected but shall remain in full force and effect.
Section 4. The provisions of this ordinance shall become effective thirty (30) days from the
date of final passage as provided by state law.
Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance.
PASSED AND APPROVED this 17th day of April, 2012.
7 7, ~xf,, ~4e
D g Bone ak , Mayor
ATTEST: OF 6
OFFICIAL 0
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(SEAL)
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Sherry Bish*, City Clerk
APPROVED AS TO FORM:
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ulie, Lombardi, City Attorney
"°Tulsa County Clerk - EARLENE WILSON
Doc # 2012037581 Page(s): 1
Recorded 04/20/2012 at 10:52 AM
OkLgHOMp' Receipt # 331573 Fee $13.00
April 19th, 2012
Tulsa County Clerk
Tulsa County Administration Building
500 South Denver
Tulsa, OK 74103
The City of Owasso hereby releases all mowing liens placed on Lot 2, Block 2,
Wilawood (603 E. 3'a Ct.) Owasso, OK, Tulsa County, Oklahoma. The City of Owasso
treasurer has received payment.
Sincerely,
Juliann M. Stevens
Deputy City Clerk
STATE OF OKLAHOMA )
) SS
COUNTY OF TULSA )
Subscribed and sworn to before me the 19th day of April, 2012.
Marsha Hensley,
l~
Commission # d
My commission expires:
12-6-14
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CITY OF OWASSO
JULIE STEVENS
P0BOX180
OWASSO, OK 74055
Tulsa County Clerk - EARLENE WILSON
Doc # 2012037582 Page(s): 1
Recorded 04/2012012 at 10:52 AM
a P Receipt # 331573 Fee $13.00
kCAHOM
April 11 2012
Tulsa County Clerk
Tulsa County Administration Building
500 South Denver
Tulsa, OK 74103
The City of Owasso hereby releases all mowing liens placed on Lot 5, Block 3, Starlane
(317 N. Carlsbad) Owasso, OK, Tulsa County, Oklahoma. The City of Owasso treasurer
has received payment.
Sincerely,
Juliann M. Stevens
Deputy City Clerk
STATE OF OKLAHOMA )
) SS
COUNTY OF TULSA )
Subscribed and sworn to before me the 11th day of April, 2012
Marsha Hensley, Not,
Commission #
My commission expires:
12-6-14
y C •
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CITY OF OWASSO
I JULIE STEVENS
P O BOX 180
OWASSO, OK 74055
~T°~ Tulsa County Clerk - EARLENE WILSON
Doc # 2012037583 Page(s): 1
Recorded 04/20/2012 at 10:52 AM
o P Receipt # 331573 Fee $13.00
kCAHOH
April 16th, 2012
Tulsa County Clerk
Tulsa County Administration Building
500 South Denver
Tulsa, OK 74103
The City of Owasso hereby releases all mowing liens placed on Lot 21, Block 25, Elm
Creek Estates First Addn (8405 N. 123rd E. Ave) Owasso, OK, Tulsa County, Oklahoma.
The City of Owasso treasurer has received payment.
Sincerely,
Juliann M. Stevens
Deputy City Clerk
STATE OF OKLAHOMA )
) SS
COUNTY OF TULSA )
Subscribed and sworn to before me the 16th day of April, 2012.
My commission expires:
12-6-14
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Marsha Hensley, Notary P.u-bT
Cj~Qf~►°°°,~°4
Commission #
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CITY OF OWASSO
JULIE STEVENS
P0BOX180
OWASSO, OK 74055
TULSAWORLD
W O R L D P U B L I S H I N G C O M P A N Y
P.O. Box 1770 Tulsa, Oklahoma 74102-1770
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 1003
Ad number: 8573688
CITY OF OWASSO
PO BOX 180
ATTN JULIANN STEVENS
OWASSO OK, 74055
AN ORDINANCE CLOSING TO THE PUBLIC USE A POR-
TION OF A UTILITY EASEMENT LOCATED ON PROPER-
TY KNOWN AS LOT 34, BLOCK 5, NOTTINGHAM ESTATES
III, AN ADDITION TO THE CITY OF OWASSO, LOCATED IN
THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 21
NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA.
WHEREAS THE CITY OF OWASSO RETAINS THE ABSO-
LUTE RIGHT TO REOPEN THE SAME WITHOUT EX-
PENSE TO THE MUNICIPALITY, AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH.
WHEREAS, the City of Owasso, Oklahoma has deemed it necE
sary and expedient to close to the public use a portion of a certa
public utility easement; and,
PROOF OF PU . WHEREAS, said portion of utility easement is described as f(
TITLE City of Owasso
TRACT OF LAND THAT IS P/
LOCK FIVE (5), NOTIINGHAN
HE CITY OF OWASSO, TULSA (
CCORDING TO THE RECORD
ARTICULARLY DESCRIBED A:
DMMENCING AT-THE SOUTH
LOCK 5; THENCE N68°36'22"W
F SAID LOT 34 A DISTANCE C
EGINNING; THENCE N68°36':
JUTHERLY LOT LINE A DIS'
00°08'49"E 191.32 FEET; THENC
)0°11'46"E 191.35 FEET TO THE
2T OF LOT THIRTY-FOUR
ESTATES III, AN ADDITIO
OUNTY, STATE OF OKLAH,
D PLAT NO. 5384 BEING N
FOLLOWS:
STATE OF OKLAHOMA, }
COUNTY OF TULSA, I SS.
AFFI IT:
1,~~> I J) 5 of lawful age, being du
CLERK of TULSA WORLD, a daily newspaper printed in the City (
paid general circulation therein, printed in the English language, and
here to attached, was published in said newspaper for
1 day(s), the first publication being on the 17th day of May, 2012
the last day of publication being on the 17th day of May, 2012,
4ST CORNER OF SAID LOT
LONG THE SOUTHERLY LII
13.66 FEET TO THE POINT (
'W CONTINUING ALONG SA
kNCE OF 5.11 FEET; THEN(
S62°59'36"E 4.06 FEET; THEN(
)INT OF BEGINNING.
E VACATED EASEMENT CONTAINS 801.3 SQUARE FEET.
That all ordinances or parts of ordinances in confl
once are hereby expressly repealed.
Section 2. All ordinances, or parts of ordinances, in conflict w
s ordinance are hereby repealed to the extent of the conflict only.
Section 3. If any part or parts of this ordinance are deemed una
tutional, invalid or ineffective, the remaining portion shall not
ected but shall remain in full force and effect.
The provisions of this ordinance shall become
iys from the date of final passage as provided
That there be filed in the office of the County Clerk
Oklahoma, a true and correct copy of this Ordinance.
and that said newspaper has been continuously and uninterruptedly pu
Hundred and Four (104) weeks consecutively, prior to the first publica PASSED AND APPROVED this 17th day of April, 2ot2.
one, Chapter four, Title 25 Oklahoma Session Laws, 1943, as amended /s/Doug Bonebrake, Mayor
/s/Sherry Bishop, City Clerk
and complies with all of the prescriptions and requirements of the laws is/Julie Lombardi, City Attorney
true and printed copy. Said notice was published in all editions of said newspaper and nofin a supplement thereon.)
The advertisement above referred to, a true and printed copy of which is hereto attached, was published in said NEWSPAPER
on the following dates, to-wit: 5/17/12
Said notice was published in the regular edition of said newspaper and not in a supplement thereof.
Publishing Fee 871.19 / u
(Signature)
Notary Fee
Affidavit
TOTAL 871.19
Subscribed and sworn to before me this day of A.D., 20
My commission expires
Notary Public
rC Irk C Li hM i~t
TO: Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson
City Planner
SUBJECT: Ordinance No. 1003
DATE: April 13, 2012
BACKGROUND:
The City of Owasso has received a request from Bryan and Lisa Wilson for the closing of a
portion of a utility easement in the Nottingham Estates neighborhood located at13804 E. 93rd
Ct. N, further described as Lot 34, Block 5, Nottingham Estates III.
The property owners, Bryan and Lisa Wilson, approached the City of Owasso when a survey
performed on their property revealed that a structure was partially located within a utility
easement. A pool and spa were constructed on the property with the proper permits, but
during construction a mistake was made and a small portion of the pool and spa
encroached into the 17.5 foot utility easement located at the rear of the property. Staff
notified the applicants that the appropriate process was to proceed through the closing
and vacation of the portion of the easement where the structure was located. The
applicants are requesting to close a portion the easement, thus clearing the title issues
associated with having a structure within an easement.
Required notice was sent to all franchise utility companies and to property owners adjacent
to the subject property. The City of Owasso Public Works Department was also notified of
the proposed closing of the portion of the easement. The Owasso Public Works Department
indicated that they could still service the City utilities located within the easement and don't
foresee any issues with the closing of this portion of the easement. No other utilities appear to
be affected by the closing of this portion of the easement.
The Technical Advisory Committee reviewed the request at their February 22, 2012 meeting.
No comments or concerns were expressed at the meeting. If this item is approved by the city
Council, staff will prepare a closing ordinance for Council consideration.
The City Council considered this partial easement closure on March 13, 2012 and voted
unanimously to approve the closing. This ordinance finalizes the closing action.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance No. 1003
ATTACHMENTS:
1. Location Map
2. Ordinance 1003
3. Survey of Record