HomeMy WebLinkAbout1092_Sanitary Sewer Easement Closure 12805 E 67th St N_Hickory Creek II¢KTU�
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TULSA COUNTY CLERK - PAT KEY
Doe a 2016117615 Page(s): 6
12/13/2016 11:51:18 AM
Receipt N 16 -69875
Fee: $ 23.00
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1092
AN ORDINANCE CLOSING TO THE PUBLIC USE A SANITARY SEWER EASEMENT that
ENCOMPASSES 27.15 FEET OF THE WESTERN HALF OF LOT ONE (1) BLOCK ONE (1) OF
HICKORY CREEK II, A PORTION OF RESERVE AREA "A" AND E 67TH STREET NORTH IN
TULSA COUNTY, STATE OF OKLAHOMA
WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to
close to the public use said sanitary sewer easement, herein attached as Exhibit "A "; and,
WHEREAS, the City of Owasso retains the absolute right to reopen the some without
expense to the municipality, and repealing all ordinances or parts of ordinances in conflict
herewith; and,
WHEREAS, the closure of the sanitary sewer easement as filed in the office of the County
Clerk of Tulsa County, Oklahoma as #2013016829 does not affect any utility easements or
dedications contained in the Hickory Creek and Hickory Creek II recorded plats.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
A TRACT OF LAND LOCATED IN THE E/2 OF THE SE /4 OF SECTION 32, T -21 -N, R -14 -E, OF THE INDIAN
MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE OFFICIAL U.S.
GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 32, THENCE N00 010'35 "E ALONG THE EAST
LINE OF SECTION 32, 827.00 FEET; THENCE N89 °49'25 "W AND PERPENDICULAR TO EAST LINE OF
SECTION 32, A DISTANCE OF 359.38 FEET TO THE POINT OF BEGINNING; THENCE N89 049'25 "W A
DISTANCE OF 89.00 FEET; THENCE SO °8'54 "W A DISTANCE OF 17.50 FEET; THENCE S89 049'25 "E A
DISTANCE OF 53.00 FEET; THENCE S0 08'54 "W A DISTANCE OF 133.10 FEET; THENCE S89 049'25 "E A
DISTANCE OF 36.00 FEET; THENCE N008'54 "E A DISTANCE OF 150.60 FEET TO THE POINT OF
BEGINNING; ALL LOCATED IN SECTION 32, T -21 -N, R -14 -E, TULSA COUNTY, STATE OF OKLAHOMA
be, and the same is hereby closed for use as a sanitary sewer 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hereby expressly repealed.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repealed to the extent of the conflict only.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 6 th day of D(.ramhcr )ni A
OF
OF1"IOi,1L �, O
(SEAL)r., 7;.. s
ATTEST
Sherry BishopXity Clerk
APPROVED AS TO FORM:
— �"- I M �a4cv .
Julie mbardi, City Attorney
52013018829 Page(s):1 Recorded 0 211 912 01 3 at 0:35 AM
:elpt5387817 Fee $13.00 EXHIBIT "A"
SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of value received, the undersigned owner does hereby grant and
dedicate to the public, for public use, an casement over and across the following described
property situated in the County of Tulsa, State of Oklahoma, to -wit:
A TRACT OF LAND LOCATED IN THE E/2 OF THE SE /4 OF SECTION 32,
T -21 -N, R -14 -E, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE OFFICIAL U.S. GOVERNMENT
SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SECTION 32, THENCE
N00 010'35 "E ALONG THE EAST LINE OF SECTION 32, 827.00 FEET;
THENCE N89 049'25 "W AND PERPENDICULAR TO EAST LINE OF
SECTION 32, A DISTANCE OF 359.38 FEET TO THE POINT OF
BEGINNING; THENCE N89049'25"W A DISTANCE OF 89.00 FEET;
THENCE S008'54 "W A DISTANCE OF 17.50 FEET, THENCE S89 °49'25 "E A
DISTANCE OF 53.00 FEET, THENCE S008'54 "W A DISTANCE OF 133.10
FELT, THENCE S89 049'25 "E A DISTANCE OF 36.00 FEET; THENCE
N0 08'54 7'E A DISTANCE OF 150.60 FEET TO THE POINT OF BEGINNING:
ALL LOCATED IN SECTION 32, T -21 -N, R -14 -E, TULSA COUNTY, STATE
OFOKLAHOMA
with ingress and egress to and from the same; which utility easement and grant shall be for the
purposes of constructing, maintaining, operating, repairing, and removing sanitary sewer line.
TO HAVE AND TO HOLD the said utility easement and grant unto the public for public
use, forever; the consideration hereof being in full payment for the rights and privileges herein
granted.
EXECUTED this_(g'L' day of A&I QSd ,2012.
DOMINION O PPATION
By:
Noble Sokolosky, Pr 'dent
STATE OF OKLAHOMA )
) ss.
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public, in and for said County and State, on this _
day of 0 Q I , 2012, personally appeared Noble Sokolosky, to me known to be
the identical person who subscribed the name of the maker hereof to the foregoing instrument, as
its President and acknowledged to me that he executed the same as his free and voluntary act and
deed and as the free and voluntary act and deed of such corporation, for the uses and purposes
herein set forth.
IN WITNESS WHEREOF, 1 have hereunto set my official signature and affixed my
notarial seat the day and year last above written. (Q
Notary Public
My Commission Expires:
LASUkolosry CJw.Al %Dmumwn Sanitary Sn rEucowm.dno
DOMINION CORP
P0BOX 1013
0„4 Qar° OWASSO, OK 74055
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EXHIBIT OF SANITARY SEWER EASEMENT
HICKORY CREEK 11
City of Owasso, Tulsa County, Oklahoma
QN[nm�m,k lur ne lanMe n. lna'
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Excerpt from Filed Deeds of Dedication and
Covenants from Hickory Creek II
1. NOTWITHSTANDING ANY OTHER PROVISION ON THIS DECLARATION, DECLARING
RESERVES THE RIGHT TO GRANT EASEMENT WITHIN THE COMMON AREAS
(RESERVE AREAS) FOR THE INSTALLATION, REPAIR AND MAINTENANCE OF WATER
MAINS, SANITARY SEWER, DRAINAGE COURSE, PUBLIC ACCESS, AND OTHER
UTILITIES, PROVIDED THAT SUCH UTILITIES SHALL BE INSTALLED IN SUCH A
MANNER SO AS TO MINIMIZE DAMAGE TO THE NATURAL FEATURES OF THE
COMMON AREAS (RESERVE AREAS).
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CITY OF OWASSO /LEGALS
Atilt JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
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OKLAHOMA WEEKLY GROUP
P.O. SOX Moss
RICHMOND, VA 23261 -6472
Account Number
1015023
Date
December 21, 2016
Date Category Description Ad Size Total Cost
12121/2016 Legal Notices ORDINANCE 1092 2 x 82.00 CL 104.96
323960
Published In the Owasso Reporter, Owasso, Tulsa Coun.
ty, Oklahoma, December 21, 2016.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1092 ,
AN ORDINANCE CLOSING TO THE PUBLIC USE
A SANITARY SEWER EASEMENT that ENCOM.
PASSES 27.15 FEET OF THE WESTERN HALF OF
LOT ONE (1) BLOCK ONE (1) OF HICKORY
CREEK 11, A PORTION OF RESERVE AREA "A"
AND E 67TH STREET NORTH IN TULSA COUNTY,
STATE OF OKLAHOMA
WHEREAS, the City of Owasso, Oklahoma has deemed
It necessary and expedient to close to the Public use said
sanitary sewer easement, herein attached as Exhibit
is City of Owasso retains the absolute
1e some without expense to the munici-
.lina all ordinances or parts of ordinan-
-ewith; and,
1e closure of the sanitary sewer ease -
the office of the County Clerk of Tulsa
o as #2013016829 does not affect any Oil-
' dedications contained in the Hickory
v Creek I I recorded plats.
:ORE, Be IT ORDAINED BY THE.COUN-
Y OF OWASSO, OKLAHOMA, THAT TO
A TRACT OF LAND LOCATED IN THE E/2 OF THE
SEM OF SECTION 32, T -21 -N, R -14-E, OF THE INDI-
AN MERIDIAN, TULSA COUNTY, STATE OF OKLA.
HOMA, ACCORDING TO THE OFFICIAL U.S. GOVERN.
MENT SURVEY THEREOF, BEING MORE PARTICU.
LARLY DESCRIBED AS FOLLOWS:
be, and the some Is hereby closed for use as a sanitary
sewer 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-
come effective thirty (30) days from the date of final
aecnon a. That more be flied In the office of the Coun-
ty Clerk of Tulsa County, Oklahoma, a true and correct
copy of this Ordinance.
PASSED AND APPROVED this 6th day of December,
2016
/s1 Lundell Dunn, Mayor
ATTEST: /s/ Sherry Bishop, City Clerk
APPROVED AS TO FORM:
/s/ Julie 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(S) LISTED BELOW
12/21/2016
Newspaper reference: 0000323960 ✓ ///
L
Le presentative
Sworn to and subscribed before me this date:
KARONJOHNSON
Notary Public in and for
STATE OF OKLAHOMA
Commission #16004547
Expires: May 6, 2020
My Commission expires: IN
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE.
THANK YOU
The City Wit out Limits.
TO: Honorable Mayor and City Council
City of Owasso
FROM: Karl A. Fritschen, MRCP, RLA, AICP
Chief Urban and Long Range Planner
SUBJECT: Ordinance 1092- Sanitary Sewer Easement Closure
Lot One (1), Block One (1), Hickory Creek II, 12805 E 671h St N
DATE: December 2, 2016
BACKGROUND AND ANALYSIS:
V
F( 06 CpG�
The City of Owasso received a request from Brian Green for the closing of a filed sanitary
sewer easement. The location of the easement encompasses 27.15 feet of the western half
of Lot One (1) Block One (1) of Hickory Creek II, a portion of Reserve Area "A" and E 67th St N.
The subject easement was filed as a separate instrument (Document #2013016829) when
Hickory Creek I was platted and covered a portion of what was to become Hickory Creek II.
When Hickory Creek II was platted a few years later, utility easements were provided by the
plat.
Essentially, there are dual easements in place and they have created title issues with the
subject property. It is believed the separate instrument was filed to ensure utilities would be
within a public easement in a small area that at the time was offsite from Hickory Creek I.
With the development Hickory Creek II, this instrument is no longer necessary.
A survey was prepared for the subject property, which located existing utilities. The closing of
the filed separate instrument, will not impact any public utilities as they will all still remain
within a platted easement as part of Hickory Creek 11. Required notice was sent to all
franchise utility companies. The Owasso Public Works Department was also contacted
regarding the closing 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 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.
11:1a]: 10 I PL1 W_1 dPJ 6'T *13 ff*r*V I,',I I i 14A
The Technical Advisory Committee reviewed the request at their October 26, 2016, meeting.
No comments or concerns regarding negative impacts to utilities were expressed at the
meeting.
RECOMMENDATION:
Staff recommends City Council approval Ordinance 1092 closing the sanitary sewer
easement.
ATTACHMENTS:
Ordinance 1092
Portion of Filed Plat for Hickory Creek II
Survey Showing both Easements
Excerpt from Hickory Creek II stating Reserve Area A to allow for Utilities