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HomeMy WebLinkAbout1028_Partial Plat Vacation_E of US Hwy 169 on Hwy 20_QuikTrip Commercial Center #62R EasementTulsa County Clerk - PAT KEY Doc # 2014007192 Page(s): 2 R d d 01/ ecor e 27/2014 at 04:09 PM ao P° kGAHO~ Receipt # 451434 Fee $15.00 -..4SO, OKLAHOMA ORDINANCE NO. 1028 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED ON PROPERTY KNOWN AS LOT ONE (1), BLOCK ONE (1), QUIKTRIP COMMERCIAL CENTER #62R, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. THE GENERAL LOCATION IS SOUTH OF THE QUIKTRIP LOCATED AT 11590 NORTH 140TH EAST AVENUE. 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. WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: The City of Owasso deems it necessary and expedient to close to the public use a portion of the following public utility easement and retains the absolute right to reopen the same without expense to the municipality, and repealing all ordinances or parts of ordinances in conflict herewith, said portions of utility easements are described as follows: A TRACT OF LAND THAT IS PART OF LOT ONE (1), BLOCK ONE (1), HI-POINT, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89059'24" EAST ALONG THE NORTHERLY LINE OF SAID LOT 1 FOR 17.52 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE CONTINUING NORTH 89059'24" EAST ALONG SAID NORTHERLY LINE FOR 279.o3 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, WITH A CENTRAL ANGLE OF 0101010", A RADIDS OF 895.00 FEET, A CHORD BEARING OF SOUTH 16"39'27" WEST, A CHORD LENGTH OF 18.27 FEET, FOR AN ARC LENGTH OF 18.27 FEET; THENCE SOUTH 89059'24" WEST FOR 274.73 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 00039'31", A RADIUS OF 1524.89 FEET, A CHORD BEARING OF NORTH 03002'05" EAST, A CHORD LENGTH OF 17.52 FEET, FOR AN ARC LENGTH OF 17.52 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND. SAID TRACT OF LAND CONTAINS 0.111 ACRES OR 4,846 SQUARE FEET, MORE OR LESS; and, A TRACT OF LAND THAT IS PART OF LOT ONE (1), BLOCK ONE (1), QUIKTRIP COMMERCIAL CENTER #62R, A SUBDIVISION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89059'24" EAST ALONG THE SOUTHERLY LINE OF SAID LOT I FOR 20.25 FEET; THENCE NORTH 00000'36" WEST FOR 5.00 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 00 013'31 ", A RADIUS OF 1527.38 FEET, A CHORD BEARING OF NORTH 02 °24'12" EAST, A CHORD LENGTH OF 6.01 FEET, FOR AN ARC LENGTH OF 6.01 FEET; THENCE NORTH 89 059'24" EAST FOR 279.15 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, WITH A CENTRAL ANGLE OF 00 023'55 ", A RADIUS OF 895.00 FEET, A CHORD BEARING OF SOUTH 15 032'26" WEST, A CHORD LENGTH OF 6.23 FEET, FOR AN ARC LENGTH OF 6.23 FEET; THENCE SOUTH 89 059124" WEST FOR 277.73 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND. SAID TRACT OF LAND CONTAINS 0.038 ACRES OR 1,671 SQUARE FEET, MORE OR LESS. 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. 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CITY OF OWASSO, OKLAHOMA ' L ORDINANCE NO. 1028 AN ORDINANCE CLOSING TO THE PUBLIC USE A POR- TION OF A UTILITY EASEMENT LOCATED ON PROP- ERTY KNOWN AS LOT ONE (1), BLOCK ONE (1), OUIK- TRIP COMMERCIAL CENTER #62R, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. THE GENERAL LOCATION IS SOUTH OF THE QUIKTRIP LOCATED AT 11590 NORTH 140TH EAST AVE- NUE. WHEREAS, the City of Owasso. Oklahoma has deemed It nec- essary and expedient to close to the public use a portion of a cer- tain public utility easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: the City of Owasso hereby closes to the public use a portion of the following public utility easement and retains the absolute right to reopen the same without expense to the municipality, and re- pealing all ordinances or parts of ordinances in conflict herewith, said portions of utility easements are described as follows: of A TRACT OF LAND THAT IS PART OF LOT ONE (1), BLOCK ONE (1), HI-POINT, AN ADDITION TO THE CITY OF - OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AC- )et CORDING TO THE RECORDED PLAT THEREOF, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: 85 COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89' 59' 24" EAST ALONG THE 71 NORTHERLY LINE OF SAID LOT 1 FOR 17.52 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; 111 THENCE CONTINUING NORTH 89' 59'24' EAST ALONG SAID NORTHERLY LINE FOR 279.03 FEET; THENCE to SOUTHWESTERLY ALONG A CURVE TO THE RIGHT , WITH A CENTRAL ANGLE OF 01' 10' 10", A RADIUS OF Is 895.00 FEET, A CHORD BEARING OF SOUTH 16' 39'27' aid WEST, A CHORD LENGTH OF 18.27 FEET, FOR AN ARC LENGTH OF 18.27 FEET; THENCE SOUTH 89' 59' 24' ( in WEST FOR 274.73 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 00' 39'31 A RADIUS OF 1524.69 FEET, A CHORD BEARING OF NORTH 03' 02' 05" EAST, A CHORD LENGTH OF 17.52 FEET, FOR AN ARC LENGTH OF 17.52 FEET TO THE POINT OF BEGIN- NING OF SAID TRACT OF LAND. SAID TRACT OF LAND CONTAINS 0.111 ACRES OR 4,846 SQUARE FEET, MORE OR LESS; and, A TRACT OF LAND THAT IS PART OF LOT ONE (1), BLOCK ONE (1), QUIKTRIP COMMERCIAL CENTER #62R, A SUBDIVISION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE 14 RECORDED PLAT THEREOF, SAID TRACT OF LAND BE- ING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 89' 59' 24' EAST ALONG THE SOUTHERLY LINE OF SAID LOT 1 FOR 20.25 FEET; THENCE NORTH 00' 00' 36" WEST FOR 5.00 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT, WITH A CENTRAL ANGLE OF 00' 13'31', A RADIUS OF 1527.38 FEET, A CHORD BEARING OF NORTH 02124' 12' EAST, A CHORD LENGTH OF 6.01 FEET, FOR AN ARC LENGTH OF 6.01 FEET; THENCE NORTH 89' 59'24" EAST FOR 279.15 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT, WITH A CENTRAL ANGLE OF 00' 23' 55", A RADIUS OF 895.00 FEET, A CHORD BEARING OF SOUTH 15' 32'26' WEST, A CHORD LENGTH OF 6.23 FEET, FOR AN ARC LENGTH OF 6.23 FEET; THENCE SOUTH 89' 59' 24' WEST FOR 277.73 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND. SAID TRACT OF LAND CONTAINS 0.038 ACRES OR 1,671 SQUARE FEET, MORE OR LESS. Section 1. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. ao!;tx-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 un- constitutional, 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 effec- tive thirty (30) days from the date of final passage as provided by state law. Sec ion . That there be filed in the office of the County Clerk of 1Lisa County. Oklahoma, a true and correct copy of this Ordi- nance. PASSED AND APPROVED this 21st day of January, 2014. /s/Doug Bonebrake, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED AS TO LEGAL FORM: /s/ Julie Lombardi, City Attorney p The City Wit out Limits. TO: FROM: SUBJECT: DATE: coocm- The Honorable Mayor and City Council Bronce L. Stephenson Director of Community Development Partial Vacation of Plat for QuikTrip Commercial Center #62R January 17, 2014 1N21"'~ BACKGROUND: The City of Owasso received applications for the review and approval of a final plat, a utility easement closure, and a partial plat vacation for QuikTrip Commercial Center #62R, located directly east of US-169 on Hwy 20. A QuikTrip has operated at this location for a number of years and now has reason for expansion. The expansion will construct new gas pumps and a southern parking lot and entrance to the store. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Church Commercial Tulsa County CS South (Commercial Undeveloped Commercial City of Shopping) Owasso CS East (Commercial Commercial Commercial City of Sho in Owasso West AG A riculture US-169 Commercial City of Owasso SUBJECT PROPERTY/PROJECT DATA: Property Size 2.24 acres Current Zoning CS Commercial Shopping) Proposed Use Commercial Lots/Blocks 1 lot, 1 block Number of Reserve Areas N/A Within PUD? N/A Within Overly District? US-169 Overly Water Provider Washington County Rural Water District #3 A licable Pa backs N/A Streets (public or rivate N/A EASEMENT CLOSURE ANALYSIS: As a part of any commercial plat, a 17.5 foot utility easement is required along the perimeter of the lot to allow for the location of utilities to serve the subject property and other properties. City and franchise utility companies can utilize these easements for the placement of their infrastructure. QuikTrip Commercial Center #62R provided the required utility easements, but now the property owner is adding additional land to the south from the Hi-Point plat. Now, what were once perimeter utility easements are now in the middle of what will be the new plat for QuikTrip Commercial Center #62R Amended and will not allow the proposed development of the property. The applicant worked with utility companies to relocate all utility lines within the easement and is requesting approval to close and vacate the easements. The new plat for QuikTrip Commercial Center #62R Amended provides perimeter utility easements. No utility issues appear with the proposed closure and vacation of these easements and no City of Owasso utilities will be affected. PARTIAL PLAT VACATION ANALYSIS: The applicant is requesting to vacate portions of the existing plat for the QuikTrip Commercial Center #62R and subsequently re-plat the existing lot along with a portion of another commercial lot to the south (Hi-Point). Adding this portion of the lot and re-platting the area will allow for expansion of the QuikTrip and create a larger lot. The roadway dedication to the City of Owasso (N 140th E Ave) that was a part of the original plat will not be affected by the vacation of the plat and will remain in effect. Once the original plat is vacated, the subsequent plat, QuikTrip Commercial Center #62R Amended, will be filed to take its place. Essentially, this requested action wipes the slate clean of all former easements and dedications and replaces them with new ones, plus additional land. FINAL PLAT ANALYSIS: The proposed new plat, QuikTrip Commercial Center #62R Amended, will provide the dedications, easements, and requirements for the City of Owasso, Oklahoma Department of Transportation, and all utility holders. Perimeter and interior utility easements will allow utility companies adequate access to provide and maintain service to the proposed development. One additional driveway will be added on the south portion of the lot to accommodate the expansion. Limits of Access and Limits of No Access are depicted on the plat to control ingress and egress to the site. This plat will simply replace the existing plat once the vacation process has been completed. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed these requests at their regularly scheduled meeting on December 18, 2013. All TAC comments have been addressed by the applicant. PLANNING COMMISSION: The Owasso Planning Commission reviewed these items at their regular meeting on December 9, 2013 and recommended City Council approval of the applications. RECOMMENDATION: Staff recommends approval of the partial utility easement closure for the QuikTrip Commercial Center; approval of the partial plat vacation for QuikTrip Commercial Center #62R; and, approval of the final plat for QuikTrip Commercial Center #62R Amended. ATTACHMENTS: A. Area Map B. Aerial Map C. Easement Closure Ordinance D. Plat Vacation Document E. New Plat for QuikTrip Commercial Center #62R Q H Y u L V V 6J CL E 0 u O L 7 N O O V M V m 0 L S6 7 _ m 0 0 ° a a~ a 0 L Q H V ❑ N O ° r m O qo c u ~ c c ~o ca c CZ 'o N -oa P cv o L t-+ y O G N L ~O N m 0 N (6 C O r- w co n M - a ~ ~m fA U) ° E T ~ a