HomeMy WebLinkAbout1095_Partial Utility Easement Closure Request_10005 E 90th Ct N Fairways V at Bailey Ranch_pHTyC� Tulsa County Clerk - Michael Willis
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Receipt N 17 -8181
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1095
AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED AT
10005 E 90 COURT NORTH, OWASSO, OKLAHOMA, AND ACCORDING TO THE
RECORDED PLAT THEREOF (PLAT NO. 5356)
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:
Section 1.
A TRACT OF LAND THAT IS A PART OF LOT SIXTY -SEVEN (67), BLOCK ONE (1), "FAIRWAYS V AT
BAILEY RANCH," AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 5356). THE SUBJECT PROPERTY IS 10005
E COURT NORTH, OWASSO, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 67; THENCE S 01 018'18" E, ALONG THE
EAST LINE THEREOF, A DISTANCE OF 46.50 FEET; THENCE S 88 041'42" W A DISTANCE OF 6.10 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUING S 88 041'42" W A DISTANCE OF 11.40 FEET;
THENCE S 01018'18" E A DISTANCE OF 25.00 FEET; THENCE N 88 141'42" E A DISTANCE OF 11.40 FEET;
THENCE N 01018'18" W A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
The some is hereby closed for public use as a utility easement
Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby
expressly repealed.
Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby
repealed to the extent of the conflict only.
Section 4. 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 5. The provisions of this ordinance shall become effective thirty (30) days from the date
of final passage as provided by state law.
Section 6. 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 APPR ED this 7th day of Fe;pwyary, 2017.
Lyn II Dunn, Mayor
ATTEST:
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Sherry of C - / = .
(SEAL)
FkCAHOMP
APPROVED AS TO FORM:
Ju)g Lombardi, City Attorney
10005 E 90th Ct N
Easement
1" = 94 ft 11/2812016
Closure
This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy,
please contact Owasso Public staff for the most up-to -date information.
LOCATION MAP
PLAT OF SURVEY
STATE OF OKLAHOMA NORTH
TULSA COUNTY SCALE f'- 20'
PREPARED POR
MELVIN SPENCER
SASS OF eFNtlNO a eEARINw S ON THE
RECORDED PUT OF FPIRWAY$ V AT SNLEY R.WCH.
LEGAL DESCRIPTION..
Lot 67 in Block 1 of FAIRWAYS V AT BAILEY RANCH, an Addition to the City
of Owasso, Tulsa County, Oklahoma, according to the recorded Plat thereof.
I 3187P N .S BS °.S9•cn..
1_c Pina E �—NLOT 67 T CORNER
LOT V, BLOCK I
FD. 3/B7P
LS t471B
SEE EXHIBIT "Al" ATTACHED HERETO
FOR DESCRIPTION OF PROPOSED
VACATED EASEMENT,
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LS /728 6' .2
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P.O.B. OF PROPOSED
VACATED ImLBY MOAENT
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AREA OF PROPOSED
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VACATED EASEMENT
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CERTIFICATION 10.00' I �IXIFWM Nc.
I, Randall R. Payne, the undersigned, a Professional Land Surveyor in the State of Oklahoma, do hereby
certify that the above described property has been surveyed under my supervision and that it meets or exceeds
the Oklahoma minimum standards for the practice of land surveying as adopted by the Oklahoma State
Board of Registration for Professional Engineers and Land Surveyors; that it is true and correct to the
best of my knowledge and belief.
WITNESS my hand and seal this 5th day of July 2013.
REVISED NOV. 21, 2017 TO SHOW PROPOSED VACATED EASEMENT AREA, SEE ATTACHED EXHIBIT -Al- FOR DESCRIPTION.
LEGEND PAYNE SURVEYING SERVICE IP O i RONtPIN IRON PIN 1218 fl WILL ROGERS BLVD.
it - = FENCE LINE CLAREMORE, OKLA.
FAIRWAYS.DWG 341 -0617
RANDALL R.
CA 2368 (1
,;_
MELVIN SPENCER
EXHIBIT "Al 19
DESCRIPTION OF THAT PART OF THE UTILITY
EASEMENT TO BE VACATED IN LOT 67 BLOCK 1
OF FAIRWAYS V AT BAILEY RANCH
A TRACT OF LAND CONTAINING A PART OF LOT 67 IN BLOCK 1 OF
FAIRWAYS V AT BAILRY RANCH, AN ADDITION TO THE CITY OF OWASSO,
TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF, SAID TRACT BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 67; THENCE
S 01'18'18" E, ALONG THE EAST LINE THEREOF, A DISTANCE OF
46.50 FEET; THENCE S 88'41'42" W A DISTANCE OF 6.10 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUEING S 88'41'42" W
A DISTANCE OF 11.40 FEET; THENCE S 01'18'18" E A DISTANCE OF
25.00 FEET; THENCE N 88'41'42" E A DISTANCE OF 11.40 FEET;
THENCE N 01'18'18" W A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING.
�'0 1, `1, 'L�
CERTIFICATION
I, Randall R. Payne, the undersigned, a Professional Land Surveyor in the State of
Oklahoma, do hereby certify that the above legal description has been prepared under
my supervision and that it meets or exceeds the Oklahoma minimum standards for the
practice of land surveying as adopted by the Oklahoma State Board of Registration for
Professional Engineers and Land Surveyors; that it is true and correct to the best of
my knowledge and belief.
WITNESS my hand and seal this 21St day of November 2016 t:Sm
PAYNE SURVEYING SERVICE `A'
1218 W. WILL ROGERS BLVD.
CLAREMORE, OMA. ndall R. cjyneL l',S; 2128
6 341 -0617 CA 2368 ( EXPIRES _06 _ 117
DATE FILED May 03, 1999
Doff:` 999050stj l(FEE ieA4 10.00 5 ROT 153011 !/P 1206 /013A 673i PLAT NO. 5356
FAIRWAYS V
at
Baley Rends
A SUBDIVISION IN THE W/2 OF SECTION 19, T -21 -N, R -14 -E,
CITY OF OWASSO. TULSA COUNTY, OKLAHOMA
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THE PLAT BOOK - TULSA COUNTY - COPYRIGHT 1999 ROY MALERNEE, CITY MAP SERVICE TULSA. OKLAHOMA
FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER
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Group
CITY OF OWASSO /LEGALS
Attn JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
em;en arm. ledge -cwew nmrian
Owasso Rep aer • vl g Tribune
S MS,r.Mt.Wl, • SkNlmkbumal
Tulm ewS s6legd News
OKLAHOMA WEEKLY GROUP
P.O. BOX 26945
RICHMOND, VA 23261 -6472
Account Number
1015023
Date
February 15, 2017
Date Category Description Ad Size Total Cost
02/1512017 Legal Notices ORDINANCE 1095
2 x 82.00 CL 104.96
Proof of Publication
I, of lawful age, being duly sworn, am a legal representative of
Published in the Owasso Raepolrter, Owasso, Tulsa Coun-
Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of
ty, Oklahoma, February 15, 2017.
general circulation in Tulsa, Oklahoma, a newspaper qualified to
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1095
publish legal notices, advertisements and publications as
AN ORDINANCE CLOSING TO THE PUBLIC USE A
UTILITY EASEMENT LOCATED AT 10005 E 90 COURT
provided in Section 106 or Title 25, Oklahoma Statutes 1971 and
NORTH, OWASSO, OKLAHOMA, AND ACCORDING TO
- -- - -
THE RECORDED PLAT THEREOF (PLAT NO. 5356)
1982 as amended, and thereafter, and complies with all other
WHEREAS, the City of Owasso, Oklahoma has deemed
It necessary and expedient to close to the public use a
requirements of the laws of Oklahoma with reference to legal
Portion of a certain public utility easement herein attach-
ed as Exhibit "A "; and,
publications. That said notice, a true copy of which is attached
WHEREAS, the City of Owasso retains the absolute
right to reopen the same without expense to the munici-
hereto was published in the regular edition Of Said newspaper
pality, and repealing all ordinances or parts of ordinan-
ces In conflict herewith.
during the period and time of publication and not in a
NOW, THEREFORE, BE IT ORDAINED BY THE COUN-
CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO
supplement, on the DATE(S) LISTED BELOW
WIT:
Section 1,
02/15/2017
A TRACT OF LAND THAT IS A PART OF LOT
SIXTY -SEVEN (67), BLOCK ONE (1), 'FAIRWAYS
Newspaper reference: 0000340641
V AT BAILEY RANCH; AN ADDITION TO THE
CITY OF OWASSO, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE RECORDED
/
PLAT THEREOF (PLAT NO. 5356). THE SUBJECT
PROPERTY IS 10005 E COURT NORTH, OWASSO,
OKLAHOMA, BEING MORE PARTICULARLY DESCRI-
BED AS FOLLOWS:
T—1
Legal Representative
COMMENCING AT THE NORTHEAST CORNER OF
SAID LOT 67; THENCE S 01' 18' 18' E, ALONG THE
EAST LINE THEREOF, A DISTANCE OF 46.50
FEET; THENCE S 88' 41' 42' W A DISTANCE OF
6.10 FEET
THENCE CONOTINUINGPS 188' 411' 42EW A lots-
Sworn to and subscribed before me this date:
TANCE OF 71.40 FEET; THENCE S 01' 18' 18' E A
DISTANCE OF 25.00 FEET; THENCE N 88' 41' 42'
E A DISTANCE OF 11.40 FEET; THENCE N01' 18'
18' W A DISTANCE OF 25.00 FEET TO THE POINT
OF BEGINNING.
The same is hereby closed for public use as a utility
easement.
Nota Public
Section 2. That all ordinances or Paris of ordinances in
@„
conflict with this ordinance are hereby expressly re-HNSON
pealed.
c for
Section 3, All ordinances, or Parts of ordinances, in con-
flict with this ordinance are hereby repealed to the ex-
=KARN
Land
KLAHOMA
tent of the conflict only.
#16004547
Section _4. If any part or Parts of this ordinance are
y 6, 2020
deemed unconstitutional, invalid or Ineffective, the re-
maining portion shall not be affected but sholl remain in
full force and effect.
My Commission expires:
Section S. The provisions of this ordinance shall became
effective thirty (30) days from the date of final Passage
as Provided by state taw.
Section 6. 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 7th day of February,
2017, with the emergency clause voted upon and ap-
Proved separately.
!s/ Lyndell Dunn, Mayor
ATTEST: /sl Sherry Bishop, City Clerk
APPROVED AS TO FORM:
!s/ Julie Lombardi, City Attorney
�V
The City Wit out Limits.
TO: Honorable Mayor and City Council
City of Owasso
FROM: Karl A. Fritschen, Chief Urban and Long Range Planner
SUBJECT: Partial Utility Easement Closure Request - 10005 E 90th Ct N,
Lot 67, Block 1, Fairways V at Bailey Ranch,
DATE: February 3, 2017
BACKGROUND:
The City of Owasso received a request from Melvin Spencer for the closing of a portion of a
rear yard 17.5' utility easement. The location of the easement lies on Lot 67, Block 1 located
at 10005 E 90th Ct N in the Fairways V subdivision.
The home owner discovered that a portion of porch of the main house on the property
encroaches into the rear yard setback and as such a portion of the easement needs to be
closed. According to the information provided, approximately 285 square feet of the
easement needs to be closed to ensure that this portion of the home is out of any easement
area. The overall impact to utilities appears to be minimal, as electric and AT &T are outside
of the area requested for closing, with sanitary sewer, Cox Communications, and Oklahoma
Natural Gas being located in the easement along the north side of 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. Closing of the easement will ensure
clear title to the property.
Upon City Council action to close the easement, it is recommended that the applicant 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 December 28, 2016,
meeting. No comments or concerns regarding negative impacts to utilities were expressed
at the meeting.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance 1095, closing to the public use a
utility easement at 10005 E 90 Ct N.
ATTACHMENTS:
Ordinance 1095
Location Map
Plat of Survey
Legal Exhibit
Final Plat, Fairways V