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HomeMy WebLinkAbout1085_Partial Utility Easement Closure _9308 N 101st E Ave_Fairways IV at Bailey RanchKn� TULSA COUNTY CLERK - PAT KEY C Doc b 2016079075 Page(s): 6 08/25/2016 02:35:51 PM 8: z Receipt 0 16 -47648 Fee: $ 23.00 �KGANOM4 CITY OF OWASSO, OKLAHOMA ORDINANCE 1085 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED ON PROPERTY KNOWN AS LOT ONE (1), BLOCK TWO (2), FAIRWAYS IV AT BAILEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5266. THE SUBJECT PROPERTY ADDRESS IS 9308 N 101 E. AVE., 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 drainage and utility easement; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A tract of land that is part of Lot One (1), Block Two (2), Fairways IV at Bailey Ranch, an addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat No. 5266. The subject property address is 9308 North 101st East Avenue, Owasso, Oklahoma being more particularly described as follows. The east 6.5 feet of the eastern portion of the existing 17.5 foot rear yard utility easement extending from the existing south side 5 foot utility easement to the existing north side 10 foot utility easement. be, and the same is hereby closed for use as a utility easement. 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 That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed.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 All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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 16th day of Augu \ r: 1 EM�WZM�E APPROVED AS TO FORM: CL cb J e Lombardi, City Attorney V C d 00 m T LL d 7 O U c N N cu w U o p O I O ry r _ J A Y' z (•l O � _ o \ N O U O U _ o v o @ f f w + o 0 _ _ _ _ _ C 1F _ ^ - North 101st ST East Ave - . a } n L �- � y C ° O I u n . o I Zo '� °' O ❑ N m m i t L m W - E ' o N - 1 m � m o n L O 6 M O w o I Z m > 8 z °E CC) a N Ol tU D O 8 0 = [- UP C °m m N L LL s a �r A-A' s' q �- - ntfflq %@BOt\orth 101st ST East Ave wl 1^ �s_- t 8 r c Q lam_. - �•,, {� -, • � � � `i �� n 3;' MA, s v E 0 0 v N c 0 D c 0 n u m O W U1 C l6 t0 _ m O N C N c 0 - v `w L D N D 0 n (O to � m 0 N co o N E p o0 c � E L ti w o� N � D C) a Ul is zQ o0 E O m m M L a D p (f1 � � N N N N h � N .O n o N u N (Q L N n EXHIBIT 1 t` l� Lot 1 lBlock 2 Fairways IV at Bailey Ranch .a �ae ,o, e300 North 101st East a 5 a zo �o Avenue 0 Gartusrtght a Pea�a O � LC t{ 1 a W CT ul ua s O it t9 _ U t 11 111 a LL I {11 _ -- �it 1 ,,UIE LEGEND 4 Gal Lt. - ONG G burled M.W. - -$ - -- 3t' b b [xbU j IL5LYE' purled Telapl w - ATT /D u - -I Proposed II' ❑/E -- Elednc iraMtrnnar m o� Taiepro. Pedeeul F i Gabte Pndn¢lol � 5antlary Se:uer -Owuo EXHIE31T 2. 1\ ll Lot 1 E31ock 2 1=a i rwat 5 IV at ba i ley Ranch 9308 North IONA East a b a za Avenue 5treet 0 Gartwrtght d 1l� � / �� lC Z Q �ff11aa g oz 'r2 Q lea $n. 9� LEGEND Gee Llm - ONG (� Bunsd Eloctric - --Q - -- bExiethg IT.5U /E 6xlod T.Iap . - ATT/D ---- [}_. -- E NOiESi Proposed II' V/E E�mbtc pamromsr N 0 W. . raqu Wa to ve¢ala W oast 6.5' ¢t axiagrc� Area Regoasll^3 T¢Iepbro P¢deelel n exlerclln3 hom the a Istlr9 a th Bids 5 U/E to tM exlo4rg ronh alder 10` WE Cabin Pedoetai � ..anilay 5¢a¢r- OUaeao OWASSO, OK 74055 Date Category Description Ad Size Total Cost 08124/2016 Legal Notices ORD NO. 1085 2 x 75.00 CL 96.00 281514 Published in the Owasso Reporter, Owasso, TUlsa Coun- ty, Oklahoma, August 24, 2016. CITY OF OWASSO, OKLAHOMA ORDINANCE 1085 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED ON PROPERTY KNOWN AS LOT ONE (1), BLOCK TWO (2), FAIRWAYS IV AT BAILEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5266. THE SUB- JECT PROPERTY ADDRESS 15 9308 N 101 E. AYE., OWASSO, OKLAHOMA WHEREAS, the City of Owasso retains the absolute right to reopen the some without expense to the munick polity, and repealing all ordinances or parts of ordinan- ces 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 drainage and utility ease- ment; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A tract of land that is part of Lot One (1), Block Two (2), Fairways IV at Bailey Ranch, an addition to the City of Owasso, Tulsa County, State of Oklahoma, accord - Ing to the recorded Plat No. 466. The subject property, address is 9308 North joist East Avenue, Owasso, Oklahn- ma being more Particularly described as follows. The east 6.5 feet of the eastern Portion of the existing 17.5 foot rear yard utility easement extending from the ex- isting south side 5 fact utility easement to the exist - Ing north side 10 foot utility easement. be, and the same is hereby closed for use as a utility easement. Section 1. That all ordinances or Parts of ordinances in conflict with this ordinance are hereby expressly re- pealed. 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 re- maining portion shall not be affected but shall remain in full force and effect. Section -4. The provisions of this ordinance shall be- came effective thirty (30) days from the date of final Passage as Provided by state law. section S. That there be filed In the office of the Coun- ty Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED by the City Council of the City of Owasso, Oklahoma on the 16th day of August, 2016. /s/ Lyndell Dunn, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED as to form: /s/Jul)e Lombardi, City Attorney Proof of Publication 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 qualified to publish legal notices, advertisements and publications as provided in Section 106 or 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 DATE(5) LISTED BELOW 08242016 Newspaper reference: 0000281514 Legal Re resentative Sworn to and subscribed before me this date: No a r. - rr'�DON<`iAJ. LACY 1�9 Notary PubLc in and for STATE OF OKLAHOM A Commission ,Y08009333 Expires: September 10, 2016 �` �.. f My Commission expires: / V THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Oklahoma ..:.: •4 •4•:. uxe9u4rci56LylNebs OKLAHOMA WEEKLY GROUP 6 It P.O. BOX 26945 RICHMOND, VA 23261 -6472 Account Number 1015023 CITY OF OWASSO /LEGALS Date Attn JULIE STEVENS PO BOX 180 August 24, 2016 OWASSO, OK 74055 Date Category Description Ad Size Total Cost 08124/2016 Legal Notices ORD NO. 1085 2 x 75.00 CL 96.00 281514 Published in the Owasso Reporter, Owasso, TUlsa Coun- ty, Oklahoma, August 24, 2016. CITY OF OWASSO, OKLAHOMA ORDINANCE 1085 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED ON PROPERTY KNOWN AS LOT ONE (1), BLOCK TWO (2), FAIRWAYS IV AT BAILEY RANCH, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5266. THE SUB- JECT PROPERTY ADDRESS 15 9308 N 101 E. AYE., OWASSO, OKLAHOMA WHEREAS, the City of Owasso retains the absolute right to reopen the some without expense to the munick polity, and repealing all ordinances or parts of ordinan- ces 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 drainage and utility ease- ment; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A tract of land that is part of Lot One (1), Block Two (2), Fairways IV at Bailey Ranch, an addition to the City of Owasso, Tulsa County, State of Oklahoma, accord - Ing to the recorded Plat No. 466. The subject property, address is 9308 North joist East Avenue, Owasso, Oklahn- ma being more Particularly described as follows. The east 6.5 feet of the eastern Portion of the existing 17.5 foot rear yard utility easement extending from the ex- isting south side 5 fact utility easement to the exist - Ing north side 10 foot utility easement. be, and the same is hereby closed for use as a utility easement. Section 1. That all ordinances or Parts of ordinances in conflict with this ordinance are hereby expressly re- pealed. 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 re- maining portion shall not be affected but shall remain in full force and effect. Section -4. The provisions of this ordinance shall be- came effective thirty (30) days from the date of final Passage as Provided by state law. section S. That there be filed In the office of the Coun- ty Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED by the City Council of the City of Owasso, Oklahoma on the 16th day of August, 2016. /s/ Lyndell Dunn, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED as to form: /s/Jul)e Lombardi, City Attorney Proof of Publication 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 qualified to publish legal notices, advertisements and publications as provided in Section 106 or 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 DATE(5) LISTED BELOW 08242016 Newspaper reference: 0000281514 Legal Re resentative Sworn to and subscribed before me this date: No a r. - rr'�DON<`iAJ. LACY 1�9 Notary PubLc in and for STATE OF OKLAHOM A Commission ,Y08009333 Expires: September 10, 2016 �` �.. f My Commission expires: / V THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU The city Wit ouf Lim ifs. TO: FROM: SUBJECT: DATE: BACKGROUND: AppRoV� ©BY cOUN C/L AUG 16 ZOtb Honorable Mayor and City Council City of Owasso Bronce L. Stephenson, MPA Director of Community Development Partial Utility Easement Closure Request - 9308 North 101 st East Avenue Lot One (1), Block Two (2), Fairways IV at Bailey Ranch August 12, 2016 The City of Owasso received a request from Brian Green for the closing of a portion of a rear yard 17.5' utility easement. The location of the easement lies on Lot 1, Block 2 located at 9308 North 101 st East Avenue in the Fairways IV subdivision. The home owner has indicated they desire to construct a pool in their backyard and in order to do so a portion of the rear yard utility easement needs to be closed. According to the information provided, 6.5' of the easternmost portion of the easement is requested to be closed to accommodate the pool. The overall impact to most of the utilities appears to be minimal, as most appear to be in the western half of the easement. Required notice was sent to all franchise utility companies. The City of Owasso Public Works Department was also contacted regarding the closing of the portion of the easement and indicated there should be no impacts to future utilities. No other utilities appear to be affected by the closing of this portion of the easement. No utility companies had an issue with the proposed closing of the easement. Upon Council action to close the easement, the applicant should take it to district court and file for vacation of the easement which will completely remove it from the books. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request at their July 27, 2016 meeting. No comments or concerns regarding negative impacts to utilities were expressed at the meeting. RECOMMENDATION: Staff recommends approval of Ordinance 1085, approving the closure of 6.5 feet of the rear utility easement at 9308 N 101 E Ave. ATTACHMENTS: Ordinance 1085 Area Map Aerial Map Lot Exhibits