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Home My WebLink About1010_Utility Easement Closure_9308 E. 91st Street NorthT(J Tulsa County Clerk - EARLENE WILSON Doc # 2012083341 Page(s): 9 Recorded 08/24/2012 at 04:16 PM o , Receipt # 355103 Fee $29.00 kGAHOM TO: The Honorable Mayor and City Council FROM: Bronce L. Stephenson, City Planner SUBJECT: Partial Utility Easement Closure Request DATE: August 17, 2012 BACKGROUND: The City of Owasso has received a request from Landmark Homes for the closing of the eastern five (5) feet of a ten (10) foot utility easement located in the Lakes of Bailey Ranch neighborhood. The property is located at 9308 E 91St St N, further described as Lot 27, Block 2, Lakes of Bailey Ranch Addition. The property owner approached the City of Owasso when a survey performed on their property during the sale of the newly constructed home revealed that the structure was partially located within a ten (10) foot utility easement and in close proximity to a sewer line located within the easement. The sewer line was located within an easement that was added by separate instrument after the filing of the plat, so the applicant was not aware of the sewer line and easement until a final survey of the property showed the structure in the easement. Due to the proximity of the structure to the sewer line, the applicant had to relocate the sewer line further to the west so that maintenance and repairs could be performed in the future without jeopardizing the structural integrity of the house. This work has been inspected by the Public Works Department and meets their approval. The applicant is requesting the closure of the eastern five (5) feet of the ten (10) foot utility easement, removing the structure from within the easement and removing all associated title issues. After initial review and the subsequent relocation of the sewer line, staff found that the closure of the portion of the utility easement would not interfere with maintenance and repair of the sewer line. Therefore, staff recommends closing of the portion of the utility easement. Required notice was sent to all franchise utility companies and to property owners adjacent to the subject property. No utilities appear to be affected by the closing of this portion of the easement. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request at their July 25, 2012 meeting. No comments or concerns were expressed at the meeting. RECOMMENDATION: Staff recommends City Council approval of the utility easement closure request. ATTACHMENTS: A. Area Map B. Aerial Map C. Original Survey Showing House in Easement and Close to Sewer Line D. Survey Showing Relocated Sewer Line E. Survey Showing Reduced Easement After Closure F. Closing Ordinance Easement Closure i 100 m 3oa ft 9022 1" = 188 ft 08/03/2012 This map represents a visual display of related geographic information Data provided hereon is not a guarantee of actual field conditions To be sure of complete accuracy, please contact Owasso staff for the most up -to -date information- Easement Closure 1" = 188 ft 08f03f2012 A j L This map represents a visual display of related geographic information Data provided hereon is not a guarantee of actual field conditions To be sure of complete accuracy, please contact Owasso staff for the most up-to -date information. AS-BUILT SURVEY CL R/W Cq East 91st Street North 75.00' SSUH SSUH TR=638, 1,9 I 1 TR=089. 11 FL IN=627.38 1 FL IN-627.61 .4 FL OUr-627.29 FL OUT-62Z50 CONC STEPS NORTHEAST STEPS WEST DRIVE N.1475046.4 N.475055.6 E.•2596247.1 6248.5 4 25' B/L If DOC#2OD7109862 17.6 ' 21.2' b 7.6' .9, a .4 4.7' uj 0 wA= ej I STORY I BRICK & FRAME co 01 28 01 N DWELLING OT 26 1 N 1 10.0, To UUNU b, LEGEND Block 2 I 1 a 16.2' B/L BUILDING SETBACK LINE SSA4H I CL CENTER LINE o CONC CONCRETE uj I, 27 D/ E DR AINAGE EASEMENT 'p — — — — — — — — — — — — — — — — E EM EA STING ELECTRIC METER a- FL FLOWLINE FR=635.89 - SS I N R/W NORTHING RIGHT-OF-WAY FL IN N=626.7; N..474959.3 TR TOP RIM FL IN E-626.84 E:2596247.5 U/E UTILITY EASEMENT FL OUT W-626.59 I UE UNDERGROUND ELECTRIC STEPS SOUTH I 75.00' NOTES 1.THE BEARING BASIS FOR THIS SURVEY IS ASSUMED, 2. THE ELEVATION DATUM FOR THIS SURVEY IS NAVO88. 3. NORTHINGS AND EASTINGS SHOWN ARE OKLAHOMA STATE PLANE NORTH COORDINATES. LEGAL DESCRIPTION LOT TWENTY-SEVEN (27), BLOCK TWO (2). THE LAKES OF BAILEY RANCH, AN ADDITION To THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. A.K.A. 9308 EAST 91ST STREET NORTH. SURVEYOR'S STATEMENT WE, ROYCE LAND SURVEYING, P.C., HEREBY STATE THAT THIS DRAWING REPRESENTS A SURVEY PERFORMED UNDER OUR DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE OUR THIS ON A.L BEST OF KNOWLEDGE AND BELIEF AT DATE. THE ABOVE PLAT REFLECTS ALL INSTRUMENTS PROVIDED AT THE TIME OF SURVEY. NO OPINION IS VERSED AS TO THE Q4 Q OWNERSHIP OF FENCES OR OTHER APPURTENANCES ON SAID PROPERTY, MICHAEL THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS ADOPTED BY THE BOARD OF ROYCE REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR THE STATE OF 07 1627 OKLAHOMA. V v SIGNATURE: DATE: 06/15/12 Royce DRAWN BY SCALE DATE I Land Surveying, F.U. SURVEYED BY PROJECT DATE MAR 1 "=20' 06115112 CERTIFICATE OF AUTHORIZATION NUMBER: 5270 MAR 11589 1 06114112 EXPIRATION DATE: 06/30/2013 REVISION DATE 12324 LEAST 86TH STREET NORTH 1238 PREPARD FOR OWASSO. OK 74055 PH 918-376-9-T27 FAX 918-376-9425 RON STAGGS EXHIBIT East 91st Street North 5.00' 75,00' A CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1010 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED ON PROPERTY KNOWN AS LOT TWENTY -SEVEN (27), BLOCK TWO (2), THE LAKES OF BAILEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 6126. THE SUBJECT PROPERTY ADDRESS IS 9308 EAST 91 STREET NORTH, OWASSO, 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 TWENTY -SEVEN (27), BLOCK TWO (2), THE LAKES OF BAILEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 6126. THE SUBJECT PROPERTY ADDRESS IS 9308 EAST 91 STREET NORTH, OWASSO, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST FIVE (5) FEET OF THE TEN (10) FOOT UTILITY EASEMENT LOCATED ALONG THE WEST PROPERTY LINE OF LOT 27, BLOCK 2, THE LAKES OF BAILEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. 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. PASSE ND APPRO his St day of August, 2012. ;D o nebrake, Mayor ATTEST: Sherry Bish--,, City Clerk// OF (SEAL) (SEAL) OFFCI Ad L � O SEAL � APP:ZD AS TO FORM: L W44C / J e Lombardi, City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 1010 PUBLICATION 08/30/12 CASE NUMBER: ORD NO. 1010 AD NO: 00149586 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) epres ignature Subscribed to and sworn to me this 31st day of August, 2012. Notary Public N CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 96.60 wAMY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA OOMMISSION NO. 06011684 EXPIRES 12 -8 -2014 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 30, 2012. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1010 AN ORDINANCE CLOSINGTOTHE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED ON PROPERTY KNOWN AS LOTTWENTY -SEVEN (27), BLOCKTWO (2),THE LAKES OF BAI- LEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 6126. THE SUBJECT PROPERTY ADDRESS IS 9308 EAST 91 STREET NORTH, OWASSO, OKLA- HOMA 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 neces- sary 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 fol- lows: A TRACT OF LAND THAT IS PART OF LOT TWENTY -SEVEN (27), BLOCK TWO (2), THE LAKES OF BAILEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 6126. THE SUBJECT PROPERTY ADDRESS IS 9308 EAST 91 STREET NORTH, OWASSO, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST FIVE (5) FEET OF THE TEN (10) FOOT UTILITY EASEMENT LOCATED ALONG THE WEST PROPERTY LINE OF LOT 27, BLOCK 2, THE LAKES OF BAILEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. 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 uncon- stitutional, 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 21st day of August, 2012. s/ Doug Bonebrake, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney i 0 �V W The City Wit out Limits. MEMORANDUM APPROVED BY COUNCIL TO: The Honorable Mayor and City Council FEB 21 201Z City of Owasso FROM: H. Dwayne Henderson, P.E. City Engineer SUBJECT: Adoption of Updated City of Owasso (Rogers County) FEMA Documents FIS and FIRM Data DATE: February 17, 2012 BACKGROUND: The Federal Emergency Management Agency (FEMA) coordinates the federal government's role in preparing for, preventing, mitigating the effects of, responding to, and recovering from all domestic disasters, whether natural or man -made, including acts of terror. The National Flood Insurance Program (NFIP) is a program created by the Congress of the United States in 1968 through the National Flood Insurance Act of 1968 (P.L. 90 -448). The program enables property owners in participating communities to purchase insurance protection from the government against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the federal government, which states that if a community will adopt and enforce a floodplain management ordinance to reduce future flood risks to new construction in Special Flood Hazard Areas (SFHA) the federal government will make flood insurance available within the community as a financial protection against flood losses. The SFHAs and other risk premium zones applicable to each participating community are depicted on Flood Insurance Rate Maps (FIRMs) with study details included in the Flood Insurance Studies (FIS). The Mitigation Division within the Federal Emergency Management Agency manages the NFIP and oversees the floodplain management and mapping components of the Program. The intent of this program is to reduce flood damage through community floodplain management ordinances and provide protection for property owners against potential losses through an insurance mechanism that requires a premium to be paid for the protection. In order for a community to continue membership in the NFIP and flood insurance to remain available to residents, adoption of the updated FIRMs and FIS is required. UPDATED FIRMS AND FIS: In early 2011, FEMA issued revised preliminary maps for all communities with land located in Rogers County. The new maps, including maps of the City of Owasso, were generated from new data recorded and revised calculations based on the development in the area plus the approved Letters_ of M_ap_2e_v1s1ons_(L_OMR)_that have been approved-since -the -lost _FIRMs_ were _ issued. The public was allowed to comment on the maps and express their concerns. As of October 3, 2011, these maps have been used by City of Owasso staff for floodplain delineations. On October 20, 2011, a letter from FEMA directed the City of Owasso to formally adopt the Preliminary Maps by April 3, 2012 or the City would forfeit their NFIP status. Once adopted, FEMA will approve the maps and issue the final maps for public distribution. EXISTING FLOODPLAIN ORDINANCE: In July 2009, the Owasso City Council adopted Ordinance No. 942, which established a new floodplain ordinance in Chapter 17 of the Owasso Zoning Code. The action adopted new flood damage prevention measures and repealed all ordinances that conflicted with it. The ordinance also adopted the most recent FEMA floodplain maps that delineated the current floodplain areas. The 2009 ordinance referenced the 1997 FIRMs as the basis at that time for floodplain determinations. Now that the new 2011 maps are available, approval of Ordinance No. 1001 would recognize the new maps. RECOMMENDATION: Staff recommends City Council adoption of Ordinance No. 1001, accepting FEMA revised floodplain maps. ATTACHMENTS: 1. Ordinance No. 1001 2. Location Map of Affected Areas 3. Excerpts from the 1997 Rogers County FIRMS showing the incorporated areas 4. Excerpts from the 2011 Rogers County FIRMs showing the updated incorporated areas