HomeMy WebLinkAbout1099_Utility Easement Closure_708 N Atlanta_Montessori Academy�yK Tulsa County Clerk - Michael Willis
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Receipt N 17 -22827
°k�gxoMP Fee: $ 23.00
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1099
AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT ON UNPLATTED
PROPERTY LOCATED AT 708 NORTH ATLANTA, OWASSO, OKLAHOMA
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.
All of the 10' utility easement which lies in a tract of land that is part of 708 North Atlanta,
Owasso, Oklahoma (as depicted on Exhibit "A ").
The same 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expressly repealed.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repealed to the extent of the conflict only.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 O
(SEAL)
ATTEST:
G \. y OF
� 9UN
OFFICIAL
SEAL
PASSED AND APP ED this 18th a of April, 2017.
Lyndell Dunn, May r
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CITY OF OWASSO/LEGALS
Atm JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
Owasso Reporter • Sand Springs Leader
Skiatook Journal • Wagoner County American- Tribune
Tulsa Business & Legal News
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK74102 -1770
Account Number
1015023
Date
April 26, 2017
Date Category Description Ad Size Total Cost
04/26/2017 Legal Notices ORDINANCE 1099 2 x 62.00 CL 79.36
364111
Published in the Owasso Reporter, Owasso, Tulsa Coun.
ty, Oklahoma, April 26, 2017.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1099
AN ORDINANCE CLOSING TO THE PUBLIC USE A
UTILITY EASEMENT ON UNPLATTED PROPERTY
LOCATED AT 708 NORTH ATLANTA, OWASSO, OKLA-
HOMA
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 'AO; and,
WHEREAS, the City of Owasso retains the absolute
right to reopen the same without expense to the municl-
POIRY, and repealing all ordinances or parts of ardimn-
ces in conflict herewith.
NOW, THEREFORE, BE IT ORDAINED BY THE
COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
�E1if
All of the 10' utility easement which lies in a tract of
land that is part of 708 North Atlanta, Owasso, Okla.
homa (as depicted on Exhibit -A -).
The same 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 re,
Pealed.
Section 3. All ordinances, or Parts of ordinances, in con,
flict with this ordinance are hereby repealed to the ex-
tent of the conflict only.
Section. 4. 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 S. The Provislons of this ordinance shall become
effective thirty (30) days from the date of final passage
as provided by state law.
Sectlan 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 18th day of April, 2817.
/s/ Lvndell Dunn, Mayor
ATTEST: /s/ Sherry Bishop, City Clerk
APPROVED AS TO FORM:
/sOulie 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
04262017
Newspaper reference: 0000364121
I Am
Sworn to and subscribed before me this date:
Y r7'11 • Jr/ % 7
Notary Public
My Commission expires: /I)- _V10()_ .10 /P
NOTARY PUBLIC -STATE OF OKLAHOMA
coMM. Bxr. NANCY CAROL MOORE
Iz -oe -2018
COMMISSION # 06011684
TULSA COUNTY
sd
AppR 1,
The City Wit out Limits. OV/
TO: Honorable Mayor and City Council D eyC�(/�
City of Owasso qp
R � ?pli
C/
FROM: Bronce L. Stephenson, MPA
Director of Community Development
SUBJECT: Utility Easement Closure Request
708 N Atlanta, Montessori Academy
DATE: April 14, 2017
BACKGROUND:
The City of Owasso received a request from Matthew L. Christensen for the complete closure
of a utility easement. The easement is located on the western side of an unplatted piece of
property beneath a large outbuilding that was built as part the church complex that
operated on the property for many years. The address of the property in question is 708 N
Atlanta. The Montessori Academy of Owasso is looking to occupy this property for its school
operations (SUP 17 -01). The abstract on the property discovered the issue with the utility
easement. The easement needs to be closed and vacated to ensure clear title to 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, it is suggested that the applicant take the
Ordinance to district court and file for vacation of the easement which will complete the
Closing process and remove it from the books.
This item was additionally discussed at the Council Meeting on April 4, 2017, but due to an
error on the agenda language, action could not be taken at that meeting.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the request at their January 25, 2017, meeting.
No comments or concerns regarding negative impacts to utilities were expressed at the
meeting and there are no lines inside the easement.
RECOMMENDATION:
Staff recommends approval of Ordinance 1099, closing to the public use a utility easement
on unplatted property located at 708 N Atlanta.
ATTACHMENTS:
Ordinance 1099
Area Map
Plat of Survey
)
(��+�� 954491 EXHIBIT "A"
�`° UTILITY EASEMENT
BOOK 'NINE 9W
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned owner of the legal and equitable title to the fallowing described real estate, for
and In consideration of value received, the receipt of which Is hereby ocknowledged, does hereby grant and
convey to the public, for public use, o perpetual easement through, over, under, and across the following'
described property: Ll
A) North 10 Feet and the Smith 15 Feet of a parcel of lend beginning One hundred Eighty- �'` -c_.
Five (185) Feet South of the Northeast Corner.-of the Southeast Quarter of the North-
West (SE's MA7) of Section Thirty (30), T•amship Twenty-one (21) North, Range Fourteen
(14) East of the Italian Base and Meridian, Tulsa County, State of Oklabota, according
in the U. S. Government Survey thereof; thence West One Hundred Fifty(I50)Feet,t1ieuce.Squt1
One Hundred Fifty "(150) Feet, thence East One Hundred Fifty (150) Feet, thence North One
Hundred Fifty (150) Feet to point of beginning.
B) North 10 Feet and the West 15 Feet and the South 15 Feet of a parcel land beginning at
at a point Nine Hundred Eighty-Five (985) Feet North and Four Hundred Twenty-two � point
Site (422.6) Feet Wast of the Southeast (SE) Corner of the Southeast Quarter (SF� of
the Northwest Quarter (19W of Section Thirty (30), Township Twenty-one (21) North,
Range Fourteen (14) Fast of the Indian Base and Meridian, Tulsa County, tAclahorra, thence
West One Hundred Sixty-Nine point Four (169.4) Feet, thence North One Hundred Fifty '(150)
Feet, thence East One Hundred Sixty -Nine point Fors (169.4) Feet, thence South One Hundred
Fifty (150) Fast to the point of beginning, HAIE ADDITION to Q•saasso, Oklahoma.. .cont'd an
attaMed pape.
for the
purposes of permitting the construction of any and all public utilities, Including, but not Imited'ia,
storm and sanitary sewers, natural gas and water lines, telephone and electric lines, cables, conduits, and pole
lines, thereon, through, aver, under, and across said property, together with all necessary and convenient
appurtenances thereto; and to use and maintain the some, and affording the owners and operators of the
above mentioned public utilities, their officers, agents, employees, and /or oil persons under contract with them,
the right to enter upon said premises and strip of land for the purpose of surveying, excavating for, constructing,
operating, and maintaining such utility, and for terminating such use.
The public Is hereby given and granted possession of the above described premises for the purposes
aforesaid, and the undersigned, for himself, and his heirs, administrators, successors, and assigns, covenants
and agrees that no building, structure, or other above or below ground obstruction that will interfere with the
purposes oforesoid, will be placed, erected, installed, or permitted upon the above described premises; and
further covenants and agrees that in the event the terms of this paragraph ore violated by the undersigned,
or any person in privy with him, such violation will be corrected and eliminated immediately upon receipt
of notice from the above mentioned public utility, or that utility shall have right to correct and eliminate such
violation, and undersigned, his heirs, administrators, successors, and assigns, shall promptly pay the actual
cost thereof.
TO HAVE AND TO HOLD such easement unto the public forever.
Doted this emu• day of AmriI
\f.y ATTEST (SEAL): r &t eep st- CFtrch
0 so, Inc.
t3.CRttrH} —�:•
STA7E OF Ofetah8 so, .
COUNTY OF iuCsa } SS
Before ma, the undersigned, a Notary Public In and for said County and State, pn tfiiss�, 4d�y ! {' dpY
of - Atvt,i.Q 1981 , personally appeared Ron HaZE aae�'Cawtare iF"' f
to me known to be the identlt! pa�sbi� 77 F4+){
the foregoing Instrument and acknowledged to me that they axecuted the 56mg:gfsrx 4_ f'1:..•
free and voluntary act and deed for the purposes therein set forth.
GIVEN under my hand and seal the day and year lost above writ e'Q • • •• -.0,: •y',.`'1;,• .
My Commission Expires: N0yembeA 21611483 _ •' ��),,,� —
STATE OF Ok�am l
COUNTY OF TUIFa SS
Before me, th urplc�ersigned, a Notary iFfbile in and for said County and State, on this % r r day
of — 19.r, personally appeared
, to me known to be the Identical persorgwho subscribed
the name of the maker thereof to the foregoln--@@__instrument as ItsPreSSdenti 54'.q..antY'W&boydedged to me
that they. executed the same as um�' free and voluot&IC, tt. ?h�, 8ged of such
corporation, for the uses and purposes therein set forth. �.:;Ci..� U r ,4 •i °}i�:
GIVEN under my hand and seal the day and year lost above
My Commission Expires: P..�• L /- >= >v /f��
EXHIBIT "A"
5=4537par :993
C) The North 10 Feet and the South 15 Feet and the Fast 10 Feet of a parcel of
land beginning Nine Hundred Eight' FMve;(985)Feet North and One Hundred Fifty
(150) Feet West of .the Southeast Comer of the Southeast Quarter of the North-
west Quarter (SE' YA) of Section Thirty (30), Township 1Wmty-One (21) as North,
Range Fourteen (14) Fast of the Indian Be and Meridian, according to the U,S.
Covertment Survey thereof, thence West TWO Hundred Seventy-TWO and Sixty
Hundredths (272,60) Feet, North One Hundred Fifty'(150) Feet, Fast Two Hundred
Seventy -Two and Sixty Hundredths (272,60) Feet, South One Hundred Fifty (150)
Feet to the point of beginning,
D) A 15 Foot wide tract with the center line being located One Hundred Forty-Seven
and Sixty Hundredths (147.60) Feet West in the parcel of land beginning Nine
Hundred Eighty-Five '(985) Feet North and One Hundred Fifty (150) Feet West of
the Southeast Corner of the Southeast Quarter of the Northwest Quarter (SF3 Mow)
of Section Thirty (30), Township Twenty-One (21) Forth, Range Fourteen (14) Fast
of the Indian Base.and Meridian according to the U. S. Coverment Survey thereof,
thence West TWO Hundred Seventy-Two and Sixty Hundredths (272.60) Feet, North
One Hundred Fifty (150) Feet, East Two Hundred Seventy-Two and Sixty Hundredths
(272.60) Feet, South One Hundred Fifty (150) Feet to the point of beginning,
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2� HALE ADDITION NIA F.M. SELO MEASURED COURSE
DESC. - DESCRIBED COURSE
NOTE FOUND 3/8" IRON PIN
AT ALL TRACT CORNERS UNLESS
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�f0' U71LI)Y EASEMENT (C)
BOOT! 45,17. PAGE 992
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15 UTILITY EASEMENT (C)
— BOOK 4537 RAGE 992
— _ _ _ , _ _ _ _ _
PARENT TRACT DESCRIPTION (PART OF DOC #2014048158)
BEGINNING NINE HUNDRED EIGHT -FIVE (985)FEET NORTH AND ONE HUNDRED FIFTY (150) FEET
WEST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER (SE /4 NW141 OF SECTION THIRTY (30), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE
FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OT
OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; THENCE WEST 272.60
FEET; THENCE NORTH 150 FEET; THENCE EAST 272.60 FEET; THENCE SOUTH 150 FEET TO
THE POINT OF BEGINNING, TULSA COUNTY STALE OF OKLAHOMA, ACCORDING TO 1HE U.S.
GOVERNMENT SURVEY THEREOF,
SUBJECT TRACT DESCRIPTION
BEGINNING ONE THOUSAND (1000) FEET NORTH AN ONE HUNDRED FIFTY (150) FEET WEST
OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
(SE /4 NW /4) OF SECTION THIRTY (30), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN
(141 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; THENCE WEST 10.00 FEET;
THENCE NORTH 125.00 FEET; THENCE EAST 10.00 FEET; THENCE SOUTH 125.00 FEET TO THE
POINT OF BEGINNING, TULSA COUNTY STATE OF OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF. CONTAINING 1,250.00 SQ. FT. OR 0.03 ACRES, MORE OR
LESS.
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