HomeMy WebLinkAbout1106_Easement Closure_7906 N 144 E Ave_Wahle HomesxTO�o Tulsa County Clerk - Michael Willis
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OKLAHOMA
ORDINANCE 1106
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT
LOCATED AT 7906 N 144 EAST AVENUE, OWASSO, OKLAHOMA, AND ACCORDING
TO THE RECORDED PLAT NO. 6207
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to
close to the public use a portion of a certain utility easement 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.
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 PART OF LOT TWENTY -SIX (26), BLOCK TWO (2), CHAMPIONS EAST, AN
ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE
RECORDED PLAT NO. 6207. THE SUBJECT PROPERTY ADDRESS IS 7906 N 1441h EAST AVE. OWASSO,
OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF LOT 26, BLOCK 2, THE CHAMPIONS EAST,
ACCORDING TO THE RECORDED PLAT NO. 6207; THENCE N 88 °48'51" E ALONG THE
SOUTH LINE OF SAID LOT 26 A DISTANCE OF 27.50 FEET TO THE POINT OF
BEGINNING; THENCE N 1 °11'09" W A DISTANCE OF 70.00 FEET TO THE NORTH LINE
OF SAID LOT 26; THENCE N 88 °48'51" E ALONG THE NORTH LINE OF SAID LOT 26 A
DISTANCE OF 5.00 FEET: THENCE S 1 °11'09" E A DISTANCE OF 70.00 FEET TO THE
SOUTH LINE OF SAID LOT 26: THENCE S 88 °48'51" W A DISTANCE OF 5.00 FEET TO THE
POINT OF BEGINNING, AND CONTAINING 350 SQUARE FEET, MORE OR LESS.
BASIS OF BEARING IS THE RECORDED PLAT OF THE CHAMPIONS EAST.
The same is hereby closed for public use as a utility easement
SECTION 2.
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repealed.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All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the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.
There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and
correct copy of this Ordinance.
Ordinance 1106
Page 2 of 2
Easement Closure- Champions East
7906 N 144th E l y°;
1" = 94 ft Ave 07/28/2016 �_
5
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 staff for the most up -to -date information.
Portion of an
Easement Closure,
Champions East
{
New recorded 15 foot
sewer easement
Eastern 5 feet of 17.5 foot --(
utility easement to be closed
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Legal Description Exhibi#ibit to Ordinance 1106
LOT 26 OF BLOCK 2
CHAMPIONS EAST 1 f
7906 North 144th East Avenue
City of Owasso, Oklahoma Scale: 1' =20'
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Legal Description of Utility Easement to be Closed,
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The east five (5) feet of the platted seventeen and one —half (17.5) foot utility easement
located in Lot Twenty —six (26) of Block Two (2) of THE CHAMPIONS EAST, according to the
Recorded Plat No.6207, located in the Southeast Quarter (SE /4) of Section Twenty —eight
(28) of Township Twenty —one (21) North and Range Fourteen (14) East of the Indian Base
and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, City of Owasso,
Tulsa County, State of Oklahoma, being more particularly described as follows:
Commencing at the SW corner of Lot 26, Block 2, THE CHAMPIONS EAST, according to the
Recorded Plat No. 6207; Thence N 88'48'51" E along the south line of said Lot 26 a
distance of 27.50 feet to the Point of Beginning; Thence N 1'11'09" W a distance of
70.00 feet to the north line of said Lot 26; Thence N 88'48'51" E along the north line of
said Lot 26 a distance of 5.00 feet; Thence S 1'11'09" E a distance of 70.00 feet to the
south line of said Lot 26; Thence S 88'48'51" W a distance of 5.00 feet to the Point of
Beginning, and containing 350 square feet, more or less.
Basis of bearing is the recorded plat of THE CHAMPIONS EAST.
Legal Description for Utility Easement to be Closed
The east five (5) feet of the platted seventeen and one -half (17.5) foot utility easement located in
Lot Twenty -six (26) of Block Two (2) of THE CHAMPIONS EAST, according to the Recorded Plat
No.6207, located in the Southeast Quarter (SE/4) of Section Twenty -eight (28) of Township
Twenty -one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.),
according to the U.S. Government Survey, thereof, City of Owasso, Tulsa County, State of
Oklahoma, being more particularly described as follows:
Commencing at the SW corner of Lot 26, Block 2, THE CHAMPIONS EAST, according to the
Recorded Plat No. 6207; Thence N 88 °48'51" E along the south line of said Lot 26 a distance of
27.50 feet to the Point of Beginning; Thence N 1 °11'09" W a distance of 70.00 feet to the north
line of said Lot 26; Thence N 88 048'51" E along the north line of said Lot 26 a distance of 5.00
feet; Thence S 1 °11'09" E a distance of 70.00 feet to the south line of said Lot 26; Thence S
88 °48'51" W a distance of 5.00 feet to the Point of Beginning, and containing 350 square feet,
more or less.
Basis of bearing is the recorded plat of THE CHAMPIONS EAST.
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Weekly
Group
CITY OF OWASSO/L.EGALS
Attn JULIE STEVENS
PO BOX 180
OWASSO. OK 74055
Owasso Reporter • Sand Springs Leader
Sklatooklaumal • Wagoner Caurlty American- Tribune
Tulsa Business E Legal News
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1015023
Date
September 27, 2017
L Date Category Description Ad Size Total Cost
0912712017 Legal Notices ORDINANCE NO. 1106 2 x 92.00 CL 117.76
Published in the Owasso Reporter, Owasso, Tulso Court
tY, Oklahoma, September 17, 2017.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1106
AN ORDINANCE CLOSING TO THE PUBLIC USE A
PORTION OF A UTILITY EASEMENT LOCATED AT
7906 N 1M EAST AVENUE, OWASSO, OKLAHOMA, AND
ACCORDING TO THE RECORDED PLAT NO. 6207
WHEREAS, the City of Owasso, Oklahoma, has
deemed It neCeMry old exPadlent to Close to the public
use a Portion of a certain utility easement attached as
Exhibit 'A'; and,
WHEREAS, the City of Owosso retains the absolute
right to reopen the some without expense to the munici-
polity, and repealing all orairwntes or Parts of Ordinal-
ces in conflict.
NOW, THEREFORE, BE IT ORDAINED BY THE COUN•
CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO
WIT:
SECTION 1
A TRACT OF LAND THAT IS PART OF LOT
TWENTY -SIX (26), BLOCK TWO (2), CHAMPIONS
EAST, AN ADDITION TO THE CITY OF OWASSO,
TULSA COUNTY, STATE OF OKLAHOMA, AC.
CORDING TO THE RECORDED PLAT NO. 6207.
THE SUBJECT PROPERTY ADDRESS IS 79M N
MORE PARTICULARLY PART CULARLYS DESCRIBED OKLAHOMA, FOL.
LOWS:
TANCE O r
F M-00 FEET TO THE SOUTH LINE OF
SAID. LOT 26:. THENCE S Be- de' 51' W A DIS-
TANCE OF 5.00 FEET TO THE POINT OF BEGIN-
NING, AND CONTAINING 350 SQUARE FEET,
MORE OR LESS.
BASIS OF BEARING IS THE RECORDED PLAT OF
THE CHAMPIONS EAST.
The same is hereby closed for public use as a utility
easement.
All Ortl nances or Darts of ordinances In conflict with this
ordinance are hereby expressly repealed.
O
ordinancenare hereby repeated toothe extant of the con
lict only.
SECTION d
If any Port or Paris of this ordinance are deemed uncan-
stitutienal, Invalid or Ineffective, the remaining portion
shall not be Offected but shall remain In full force and ef-
fect.
Ir
The a(U) s hte dteof inallbssagas d Mir (3D) days this ordinance aoflpae effective
by state law.
SECTION 6
There shall 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 79th day of September,
2017
ATTEST: Atfesf st Sher" Bishop, City Clerk
IV Julie LoDmbardi,, CittyRA lorney
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
09/27/2017
Newspaper reference: 0000412364
24 Qdna&
Le aI Representati e
Sworn to and subscribed before me this date:
Notary Public
My Commission expires: /.,G. —" — am /cc,
NOTARY PUBLIC -STATE OF OKLAHOMA
NANCY CAROL MOORS
COMM. EXP. COMMISSION M 06011684
I2 -e8-2018 TULSA COUNTY
The City Wif out Limits.
TO: Honorable Mayor and City Council,
City of Owasso
FROM: Bronce L. Stephenson, MPA
Director of Community Development
SUBJECT: Ordinance 1106
Easement Closure— Wahle Homes
DATE: September 15, 2017
BACKGROUND:
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The City of Owasso received a request from Malcolm Wahle ( Wahle Homes LLC) for the closing
of a portion of a utility easement. The location of the easement lies on Lot 26, Block 2, located
at 7906 N 144th E Ave in the Champions East subdivision.
When the mortgage survey was prepared for this lot, it revealed that the home was
inadvertently built over the drainage and utility easement by 0.8 feet at the north corner of the
home and 2.8 feet at the south corner. The overall impact to most of the utilities appears to be
minimal; however the sanitary sewer line is in very close proximity to the edge of the easement
and closing any portion of the easement would put the sewer line in jeopardy should the need
to service the line ever occur. Due to the proximity of the sewer line, the applicant was informed
that the sewer line would have to be relocated in order to accommodate the closure request.
In July of 2016, this request was taken before the Technical Advisory Committee (TAC) where all
of the franchise utility companies as well as City staff reviewed and commented on the closure
request. Outside of the sanitary sewer line, there were no other concerns.
Since the TAC meeting, the applicant has relocated the sewer line within a newly recorded
fifteen (15) foot wide sewer easement that runs along the western portion of the subject lot as
well as one (1) lot to the south (Lot 25) and two (2) lots to the north (Lots 27 and 28). The new
sewer line had to run this distance in order to connect it properly to the existing manholes
located on Lot 25 and Lot 28.
The new sewer easement is also shared with a fifteen (15) foot drainage easement. The only
portion of the existing seventeen and one -half (17.5) foot utility easement that will be closed will
be on the subject lot (Lot 26). The easement closure request is necessary to ensure clear title to
the property and allow the homeowner to secure a mortgage.
Upon Council action to close the easement, the applicant should take the closure Ordinance
request 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 meeting in July of 2016. At that
time, the Public Works Department was not in favor of the requested easement closure as the
sewer line itself was within the area to be closed.
Since that time the sewer line has been relocated and the Public Works Department has no
further issues. No other utilities appear to be affected by the closing of this portion of the
easement.
RECOMMENDATION:
Staff recommends approval of Ordinance 1106, approving the partial utility easement closure
request.
ATTACHMENTS:
Ordinance 1106
Aerial Map
Illustration of Area to be Closed
Legal Description and Exhibits for New Sewer Easement Location
Champions East Filed Plat