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HomeMy WebLinkAbout950_Easement Closure_Keys LandingTulsa County Clerk - EARLENE WILSON Doc # 2009114400 Page(s): 2 Recorded 11/06/2009 at 10:54 AM Receipt # 178277 Fee $15.00 CITY OF OWASSO ORDINANCE NO. 950 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN SECTION 32, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to partially close to the public use a portion of a utility easement; and, WHEREAS, said utility easement are described as follows: A tract of land that is a portion of Lot twenty -eight (28), Block two (2), Keys Landing I, an addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, said tract being that portion of said lot occupied by the existing brick garage, lying in the platted utility easement along to the southwesterly side of said lot and described as follows: Commencing at the 0 o northwesterly corner of said Lot twenty -eight (28), Thence S35 °09'02" E, along said lot line, a distance of 26.54 feet; Thence N55 °07'44 "E, a distance of 4.90 feet to the northwesterly corner of the existing brick garage and the Point of Beginning; Thence N54 °50'58 "E, a distance of 0.1 feet to the Point of co Intersection of the northerly side of the brick garage and the utility easement; hence S35 °09'02 "E , along said easement line, a distance of 20.50 feet to the 50-0 Point of Intersection of the southerly side of the brick garage and the utility easement; thence S55 °07'44 "W along said brick garage, a distance of 0.2 feet and the southwesterly corner of said brick garage; thence N34 °42' 16 "W, along said brick garage, a distance of 20.50 feet to the Point of Beginning NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The following described partial easement, be, and the same is hereby closed to the public use, to -wit: A tract of land that is a portion of Lot twenty -eight (28), Block (2), Keys Landing I, an addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, said tract being that portion of said lot occupied by the existing brick garage, lying in the platted utility easement along the southwesterly side of said lot and described as follows: Commencing at the northwesterly corner of said Lot twenty -eight (28), thence S35 °09'02" E, along said lot line, a distance of 26.54 feet; Thence N55 °07'44 "E, a distance of 4.90 feet to the northwesterly corner of the existing brick garage and the Point of Beginning; Thence N54 °50'58 "E, a distance of 0.1 feet to the Point of Intersection of the northerly side of the brick garage and the utility easement; thence S35 °09'02 "E , along said easement line, a distance of 20.50 feet to the Point of Intersection of the southerly side of the brick garage and the utility easement; thence S55 °07'44 "W along said brick garage, a distance of 0.2 feet and the southwesterly corner of said brick garage; thence N34'42'16", along said brick garage, a distance of 20.50 feet to the Point of Beginning. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. 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 ra d e f j e r, 2009. , Mayor ATTEST: OFFICIAL Sherry Bishop, City APPROVED AS TO FORM: Julie lombardi, City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 950 PUBLICATION DATE(S) 11/10/09 CASE NUMBER: ORD NO. 950 AD NUMBER: 00092629 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa 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) Subscribed to and sworn to me this 11th day of November, 2009. Notary Public " NANCY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 133.00 Notary Oklahoma TuhaCounty My Commission Expires December 8, 2010 Commission # 06011684 92629 Published in the Owasso Reporter, Owasso. Tulsa County, Oklahoma, November 10, 2009. CITY OF OWASSO ORDINANCE NO. 950 AN ORDINANCE CLOSINGTOTHE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN SECTION 32,TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, 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 partially close to the public use a portion of a utility easement; and, WHEREAS, said utility easement are described as follows Atrect of lend that Is a portion of Lot twenty-eight (29). Block two (2), Keys Landing 1, an addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, said trect being that portion of said lot occupied by the existing bride garage, lying In the platted utility easement along the southwesterly side of said lot and described as follows: Commencing at the northwesterly corner of said Lot twenty-eight (28), Thence S 35 °09'02 "E, along said lot line, a distance of 25.54 feet; Thence N 55 °OT44 "E, a dis- tance of 4.90 feet to the northwesterly comer of the ezuning brick games and the Point of Beglnning;Thence N 64 °50'58" E, a distance of 0.1 feet to the Point of Intersection of the northerly side of the brick garage and the utility easement; thence S 35 °0902" E , along said easement line, a distance of 20.50 feet to the Point of Intersection of the southerly side of the brick garage and the utility easement: thence S 55 °07'44" W along said brick garage, a distance of 0.2 feet and the southwesterly comer of said brick garage; thence N 34 "42'16" W. along said brick garage, a distance of 20.50 feet to the Point of Beginning NOW, THEREFORE, BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA, THAT, Section l The following descnbed partial easement, be, and the same is hereby closed to the public use, to-wit: A tract of land that Is a portion of Lot twenty -eight (28), Block (2). Keys Landing I, an addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recomed plat thereof, said tract being that portion of said lot occupied by the existing brick garage, lying In the platted u1i8ty easement along the southwesterly side of said lot and described as follows: Commencing at the northwesterly comer of said Lot twenty -eight (28), thence S 35 °08'02" E, along said lot line, a distance of 26.54 feet; Thence N 55 "07'44" E. a distance of 4.90 feet to the northwesterly comer of the existing bride garage and the Point of Beginning; Thence N 54 °50'58" E, a distance of 0.1 feet to the Point of Intersection of the northerly side of the brick garage and the utility easement; thence S 35 °09'02" E , along said easement line, a distance of 20.50 feet to the Point of Intersection of the southerly side of the brick garage and the utility easement; thence S 55 °0744 "W along said brick garage, a distanco of 0.2 feet and the southwesterly comer of said brick garage; thence N 34 142'16" W, along said brick garage, a distance of 2D.50 feel to the Point of Beginning. Section 2. That all ordinances or pans of ordinances In conflict here- with be, and the same are hereby expressly repeated. Sermon 3. If any pert 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 ofthis ordinance shell became effective thirty (30) days from the date of Mel passage as provided by state law. Sermon 5, That there be riled in the office of the Courtly Clark of Tulsa County a true and coned copy of this Ordinance. PASSED AND APPROVED this 3rd day of November, 2009. /ar Stephen Cataudella, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 950 DATE: OCTOBER 28, 2009 BACKGROUND: At the October 20, 2009 meeting, the Owasso City Council approved a request to close a portion of a utility easement on property located at Lot 28, Block 2, Keys Landing. Attached is a copy of Ordinance No. 950 that formally adopts the City Council's action of October 20, 2009. The Council took the action on this easement closure following the Planning Commission's approval on October 12, 2009. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 950. ATTACHMENT: 1. Ordinance No. 950