HomeMy WebLinkAbout1091_Utility Easement Closure_11503 E 76th St N Braums Ice Cream�Tycn
OkCaHOMP
TULSA COUNTY CLERK - PAT KEY
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12/13/2016 11:51:18 AM
Receipt 0 16 -69875
Fee: $ 23.00
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1091
AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED ON PROPERTY
DESCRIBED AS PART OF LOT FOUR (4), BLOCK ONE (1), "OWASSO COMMERCIAL CENTER," AN
ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE
RECORDED PLAT THEREOF (PLAT NO. 4422), AND A PART OF LOT ONE (1), BLOCK ONE (1),
"OWASSO COMMERCIAL CENTER III," AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 4952)
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 herein attached as Exhibit
"A "; and,
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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
A TRACT OF LAND THAT IS A PART OF LOT FOUR (4), BLOCK ONE (1), "OWASSO COMMERCIAL
CENTER," AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 4422), AND A PART OF LOT ONE (1),
BLOCK ONE (1), "OWASSO COMMERCIAL CENTER III," AN ADDITION TO THE CITY OF OWASSO,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO.
4952), SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 1 °15'28" EAST AND
ALONG THE EAST LINE OF LOT 4, FOR A DISTANCE OF 10.00 FEET, THENCE SOUTH 88044'32" WEST
AND PARALLEL WITH THE NORTH LINE OF LOT 4, FOR A DISTANCE OF 150.00 FEET; THENCE NORTH
1015'28" WEST AND PARALLEL WITH THE WEST LINE OF LOT 4, FOR A DISTANCE OF 10.00 FEET TO A
POINT ON THE NORTH LINE OF LOT 4; THENCE NORTH 88044'32" EAST AND ALONG SAID NORTH
LINE, FOR A DISTANCE OF 1.00 FEET; THENCE NORTH 1015'28" WEST AND PARALLEL WITH THE WEST
LINE OF SAID LOT 1, FOR A DISTANCE OF 11.00 FEET; THENCE NORTH 88044'32" EAST AND PARALLEL
WITH THE SOUTH LINE OF LOT 1, FOR A DISTANCE OF 149.00 FEET TO A POINT ON THE EAST LINE OF
LOT 1; THENCE SOUTH 1015'28" EAST AND ALONG SAID EAST LINE, FOR A DISTANCE OF 11.00 FEET
TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 3,139 SQUARE FEET OR 0.072 ACRES;
be, and the some 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 thisiu4b day of V «� ^f�r'� one
ATTEST:
Sherry Bishop ity Clerk r >',
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(SEAL)
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APPROVED AS TO FORM:
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Julie ombardi, City Attorney
DATE FILED SEPT. 10, 1993 EXHIBIT "A" PLAT NO. 4952
OWASSO COMMERCIAL CENTER III
A REPLAT OF A PORTION OF LOT I, BLOCK i, OWASSO COMMERCIAL CENTER
AN AOOITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA
OWNER
OKLAHOMA INVESTMENT CO.
P.O. Box 3633
NCSx. C(LA4CYI. 7..O1
PHONE (916) 587 -1909
ENGINEER
TUTTLE & ASSOCIATES, INC
4606 n wRxEn ROW. 9lw 310
TULSA. ONLUIOVA 74146
PHONE (916) 663 -5567
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PLAT BOOK OP TULSA
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COUNTY - COPYRIGHT 1993- ROY MALERNCE. CITY MAP SERVICE, INC. TULSA
FCOERAL LAY/ PROHIOITS
REPROCUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER.
Exhibit "A.1"
Braum's 76th Street - Owasso OK
Utility Easement Vacation Description
Description
A TRACT OF LAND THAT IS A PART OF LOT FOUR (4), BLOCK ONE (1), "OWASSO COMMERCIAL CENTER ", AN
ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED
PLAT THEREOF (PLAT NO. 4422), AND A PART OF LOT ONE (1), BLOCK ONE (1), "OWASSO COMMERCIAL
CENTER III ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO
THE RECORDED PLAT THEREOF (PLAT NO. 4952), SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 1 °15'28" EAST AND ALONG THE EAST
LINE OF LOT 4, FOR A DISTANCE OF 10.00 FEET; THENCE SOUTH 88 °44'32" WEST AND PARALLEL WITH THE
NORTH LINE OF LOT 4, FOR A DISTANCE OF 150.00 FEET; THENCE NORTH 1 °15'28" WEST AND PARALLEL WITH
THE WEST LINE OF LOT 4, FOR A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF LOT 4; THENCE
NORTH 88 °44'32" EAST AND ALONG SAID NORTH LINE, FOR A DISTANCE OF 1.00 FEET; THENCE NORTH 1 °15'28"
WEST AND PARALLEL WITH THE WEST LINE OF SAID LOT 1, FOR A DISTANCE OF 11.00 FEET; THENCE NORTH
88 °44'32" EAST AND PARALLEL WITH THE SOUTH LINE OF LOT 1, FOR A DISTANCE OF 149.00 FEET TO A POINT
ON THE EAST LINE OF LOT 1; THENCE SOUTH 1 °15'28" EAST AND ALONG SAID EAST LINE, FOR A DISTANCE OF
11.00 FEETTOTHE POINTOF BEGINNING;
SAID TRACT CONTAINING 3,139 SQUARE FEET OR 0.072 ACRES.
Basis of Bearing
THE BEARINGS SHOWN HEREON ARE BASED UPON THE OKLAHOMA STATE PLANE COORDINATE SYSTEM, NORTH
ZONE (3501), NORTH AMERICAN DATUM 1983 (NAD83); SAID BEARINGS ARE BASED LOCALLY UPON
FIELD - OBSERVED TIES TO THE FOLLOWING MONUMENTS:
(1) 3/8" IRON PIN FOUND ATTHE SOUTHWESTCORNER OF LOT4, BLOCK 1, "OWASSO COMMERCIAL CENTER ";
(2) 3/8" IRON PIN FOUND AT THE NORTHWEST CORNER OF LOT 4, BLOCK 1, "OWASSO COMMERCIAL CENTER ";
THE BEARING BETWEEN SAID MONUMENTS BEING NORTH 1 °15'28" WEST.
Certification q °
a� AN EDNVIN ;c
I, DAN E. TANNER, OF TANNER CONSULTING, LLC, CERTIFY I TANirER :?
THAT THE ATTACHED DESCRIPTION CLOSES IN ACCORD DAN E. TANNER, P.L.S. : m
WITH EXISTING RECORDS, IS A TRUE REPRESENTATION OF OKLAHOMA P.L.S. #1435
THE EASEMENTS AS DESCRIBED, AND MEETS THE OKLAHOMA CA #2661
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING EXPIRATION DATE: 6/30/17
OF THE STATE OF OKLAHOMA.
I
C Tanner Consulting LLc
07/21/2D16 TBUSH 15026EX-EASEMENTVACATION 5323 SOUTH IEWIS AVENUE, TULSA OKLAHOMA 74105- 65391918.745.9929
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Exhibit "A.2"
Braum's 76th Street - Owasso OK
Utility Easement Vacation Exhibit
OCC OWASSO COMMERCIAL CENTER
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Weekly
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CITY OF OWASSO /LEGALS
Attn JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
Braten 4rµ, lMyp . Cwatsa kewrlor .
SsiOiV�u'8sirvhr • S slr+nnal
W.�pm�ur Ce"MyPm.rinn in0u,re
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OKLAHOMA WEEKLY GROUP
P.O. BOX 26945
RICHMOND, VA 23261 -64/2
Account Number
1015023
Date
December 21, 2016
Date Category Description Ad Size Total Cost
12/21/2016 Legal Notices ORDINANCE 1091 2 x 97.00 CL 124.16
323953
Published in the Owasso Reporter, Owasso, Tulsa Coun-
ty. Oklahoma, December 21, 2016.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1091
AN ORDINANCE CLOSING TO THE PUBLIC USE A
SCRIBED ASS PART OF LOT FOUR (4) BLOCK ONE
(1), OWASSO COMMERCIAL CENTEK," AN ADDI-
TION TO THE CITY OF OWASSO, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE RE-
CORDED PLAT THEREOF (PLAT NO. 4423), AND A
PART OF LOT ONE (1), BLOCK ONE (1) OWASSO
COMMERCIAL CENTER III," AN ADDIT16N TO THE
CITY OF OWASSO, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF (PLAT NO. 4952)
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 herein attach-
ed as Exhibit "A "; and,
WHEREAS, the City of Owasso retains the absolute
right to reopen the same without expense to the municl-
eality, and repealing all ordinances or Parts of ordinan.
ces in conflict herewith.
COUNCIL OFETXEECITY OP OWASSO OKLAHOMA
THAT TO WIT:
be, and the same is hereby closed for use as a utility
easement.
MOlon 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
doom unconstitutional, Invalid or ineffective, the re.
mooing 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
Passage as Provided by state law.
Section 5. 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 this 6th day of December,
016
/s/ Lyndell Dunn, Mayor
ATTEST: /s/ Sherry Bishop, City Clerk
APPROVED AS TO FORM
:hl 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: 0000323953
Leg resentative
Sworn to and subscribed before me this date:
.4 z1A
Not A. ».».�r�s�c..:r- "►r'.-
KARONJOHNSON
Notary Public in and for
STATE OF OKLAHOMA
Commission #16004547
j Expires: May 6, 2020
My Commission expires:
THIS IS NOT A BILL. PLEASE PAY FROM INVOICE.
THANK YOU
sc?
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 1091, Utility Easement Closure
Braum's Ice Cream and Dairy Store 156
DATE: December-2,2016
BACKGROUND:
App'4�OV�D By CoU
The City of Owasso received a request from Tanner Consulting, LLC for the complete closing
of a utility easement. The easement is located within the southernmost eleven (11) feet of Lot
1, Block 1 of Owasso Commercial Center III and the northernmost ten (10) feet of Lot 4, Block
1 of Owasso Commercial Center. The address of the property in question is 11503 East 761h
Street N. A new Braum's Ice Cream and Dairy store is being constructed on this property and
it has been determined by the developer that this easement is no longer necessary due to a
reconfiguration of the sewer lines across the property.
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.
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 October 26, 2016, meeting.
No comments or concerns regarding negative impacts to utilities were expressed at the
meeting.
RECOMMENDATION:
Staff recommends approval of Ordinance 1091 closing the utility easement.
ATTACHMENTS:
Ordinance 1091
Legal Description Exhibit
Aerial Map