HomeMy WebLinkAbout1107_Easement Closure_ 201 S Main St Seven6MainTulsa County Clerk - Michael Willis
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cur Ur UWADJV, OKLAHOMA
ORDINANCE 1107
AN ORDINANCE CLOSING TO THE PUBLIC USE TWO PUBLIC UTILITY EASEMENTS
LOCATED AT 201 S MAIN STREET, OWASSO, OKLAHOMA, AND ACCORDING TO THE
RECORDED EASEMENTS IN BOOK 3540, PAGE 279; BOOK 3557, PAGE 611; AND
BOOK 3557, PAGE 613
WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to
close to the public use certain public utility easements herein attached as Exhibits "A" and "B ";
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 RECORDED IN BOOK 3540, PAGE 279, AND BOOK 3557, PAGE
611 AND LYING IN LOT THREE (3), BLOCK TWENTY -SIX (26), ORIGINIAL TOWN OF
OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED
PLAT THEROF; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT:
THE SOUTH 10 FEET OF LOT THREE (3) AND THE EAST 10 FEET OF LOT THREE (3),
BLOCK TWENTY -SIX (26), ORIGINAL TOWN OF OWASSO, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF
AND,
A TRACT OF LAND RECORDED IN BOOK 3557, PAGE 613, AND LYING IN LOT TWO
(2), BLOCK TWENTY -SIX (26), ORIGINAL TOWN OF OWASSO, TULSA COUNTY, STATE
OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT:
THE SOUTH 10 FEET OF LOT TWO (2) BLOCK TWENTY -SIX (26), ORIGINAL TOWN OF
OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED
PLAT THEROF.
The same are hereby closed for public use as utility easements
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repealed.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All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the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 b.
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 APPROVE is 19t ay ptember, 2017
^ s K , i -Mayor
Attest: IVIUI(IUjl l 0 f
Sherry Bish - , City Clerk G\�y OF Oj�'
9S i
,r N
OFFICIAL O
(SEAL) SEAL
Ok(.AHOM�
APPR VED AS TO FORM: `
n;
Juli ombardi, City Attorney
Ordinance 1107
Page 2 of 2
Easement Closure
76th St N &Main fn
1 = 752 ft 09/21/2016
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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.
EXHIBIT "A" to Ordinance 1107
VACATION OF EASEMENT EXHIBIT 11A59
Poge 2 of 2 R 14 E
E. 76th Street North E 2nd ve.
SUBJECT 0
j PROPERTY
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Owasso Location Map
BLOCK 23 J
East 76th Street North
300.00' SNo
--TTW�QU
Lot 1 y�oa -N> ,
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({y to o N a t I t Lot 2 0 � O
¢ V Lot 6 A. QS\ar et OS -a O �OqhR I Lot 3 M
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O 10' UTILRj' EASEMENT
� I Q r Lot 5 BROOK BO K 1 557 AGE PAG�Y
(n I I 611 T E VACATED
J Lot 4
300.00'
I
East 3rd Avenue
Original Town of
164560 LG -A Owasso BLOCK 30
Notes
I. SEE EXHIBIT PAGE t EXHIBIT "A" FOR LEGAL DESCRIPTION AND
SURVEYOR'S CERTIFICATE.
J I I O I O m
J 1y L�
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XBENNETT
SURVEYING, INC.
P.O. BOX 848. CNW IEAO. 6A 74337
PlIdIE: (9i8) 475 -7484 FAY (918) 476 -7385
G.l NO_ 456} EXP. OAT : 6/38/18
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Lot 7
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Owasso Location Map
BLOCK 23 J
East 76th Street North
300.00' SNo
--TTW�QU
Lot 1 y�oa -N> ,
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({y to o N a t I t Lot 2 0 � O
¢ V Lot 6 A. QS\ar et OS -a O �OqhR I Lot 3 M
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O 10' UTILRj' EASEMENT
� I Q r Lot 5 BROOK BO K 1 557 AGE PAG�Y
(n I I 611 T E VACATED
J Lot 4
300.00'
I
East 3rd Avenue
Original Town of
164560 LG -A Owasso BLOCK 30
Notes
I. SEE EXHIBIT PAGE t EXHIBIT "A" FOR LEGAL DESCRIPTION AND
SURVEYOR'S CERTIFICATE.
J I I O I O m
J 1y L�
--I
J
XBENNETT
SURVEYING, INC.
P.O. BOX 848. CNW IEAO. 6A 74337
PlIdIE: (9i8) 475 -7484 FAY (918) 476 -7385
G.l NO_ 456} EXP. OAT : 6/38/18
Easement Closure— Parcel 1
Legal Description
Exhibit "B"
Lot 3, Block 26, Original Town Now City of Owasso, Tulsa County, State of Oklahoma.
EXHIBIT "B" to Ordinance 1107
VACATION
OF EASEMENT EXHIBIT f7A3$
,
Page 2 of 2
R 14 E
E. 76th Street North E 2nd ve.
SUWECT W,
PROPERTY
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L- BLOCK 23
A_ ____ East 76th Street North _t -
300.00'
Lot i
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EASEM NT BOOK 3557 3
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Lot 4
300.00•
East 3rd Avenue
Original Town of
FILE: 164560 LO -A Owasso BLOCK -30
Notes
I. SEE EXHIBIT PAGE 1 EXHIBIT "A" FOR LEGAL DESCRIPTION AND
SURVEYOR'S CERTIFICATE.
�BENNETT
SURVEYING, INC.
P.O. 80K 616. OWEN. OK 71337
PNO6: (918) 176 -7181 FA* (916) 176 -7165
CA Na: 1507 UP- 0A : 6/30/16
Easement Closure — Parcel 2
Legal Description
Exhibit "B"
Lot 2, Block 26, Original Town Now City of Owasso, Tulsa County, State of Oklahoma.
SEVENWAIN
Pooliminary/Finni Plot
A Replat of Lot I Through Lot 7, Block 26, Original Town Now
City of Owasso, Tulsa County, State of Oklahoma.
Zoning = CH
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Lot 1.
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Lot Z
Block I
Onligrud TO of Ow""
BLOCK 30
SHEET I OF 2
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CITY OF OWASSO/LEGALS
Aiin JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
Owasso RePOrtW - Sand Springs Leader
Skiatook Joumal, Wagoner County American- Tribune
Tulsa Business B Legal News
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1016023
Date
September 27, 2017
Date Category Description Ad Size Total Cost
09/27/2017 Legal Notices ORDINANCE NO. 1107 2 x 95.00 CL 121.60
Published Y, Okla In the Owasso Reporter, Owosso, Tulsa Coun-
fv, Oklahoma, September 27, 2017.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1107
AN ORDINANCE CLOSING TO THE PUBLIC USE
TWO PUBLIC UTILITY EASEMENTS LOCATED
AT 201 S MAIN STREET, OWASSO, OKLAHOMA,
AND ACCORDING TO THE RECORDED EASE.
MENTS IN BOOK 3s W, PAGE 279, BOOK 3557,
PAGE 6111 AND BOOK 3557, PAGE 613
WHEREAS, the City of OWasaa, Oklahoma has deemed
It necessary and expedient to close to the public use cer-
tain Public utility easements herein attached as Exhibits
'A' and 'B'; and,
WHEREAS, the City of Owasso retains the absolute
right to reopen the same without expense to the muniel-
pality, and repealing all ordinances or Ports of ordinan-
ces in Contilct.
NOW, THEREFORE, BE IT ORDAINED BY THE COUN-
CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO
WIT:
Section 1.
A TRACT OF LAND RECORDED IN BOOK 3540,
PAGE 279, AND BOOK 3557, PAGE 611 AND LYING
IN LOT (3), BLOCK TENTY-SIX ORIGIINALH OWN OF OWASSO,, TULSA C UNTY,
STATE OF OKLAHOMA, ACCORDING TO THE RE.
CORDED PLAT THEREOF; AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS T0.
WIT:
THE SOUTH 10 FEET OF LOT THREE (3) AND
THE EAST 10 FEET OF LOT THREE (3), BLOCK
TWENTY -SIX (26), ORIGINAL TOWN OF OWASSO,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORD.
ING TO THE RECORDED PLAT THEREOF
AND,
A TRACT OF LAND RECORDED IN BOOK 3557,
PAGE 613, AND LYING IN LOT TWO (2), BLOCK
TWENTY -SIX (26), ORIGINAL TOWN OF OWASSO,
TULSA COUNTY, STATE OF OKLAHOMA, AC.
CORDING TO THE RECORDED PLAT THEREOF;
AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS TO -WIT:
THE SOUTH 10 FEET OF LOT TWO (2) BLOCK
TWENTY -SIX (26), ORIGINAL TOWN OF OWASSO,
TULSA COUNTY, STATE OF OKLAHOMA, AC-
CORDING TOTHE RECORDED PLAT THEREOF.
The same are hereby closed for public use as utility
easements.
Section 2
All artllnances or parts of ordinances in Conflict with this
ordinance are hereby expressly repealed.
this oortldinance are herrebvfreppeelaledCto the extent of the
conflict only.
Section A.
If any part or parts of this ordinance are deemed uncon.
shall not Gelafffected but Ineffective, the Tull (force one of
fect.
IL-
on
.d (30)stloys from the date of final shall paassss.. os prOvld-
th by state law.
There s all be Flied In the office of the County Clerk of
Tulsa County, Oklahoma, a true and correct COPY of this
Ordinance.
PASSED AND APPROVED this 19th day of September,
2017
/s/ Chris Kelley, vice -Movor
ATTEST: Attest: /s/Sherry Bishop, City Clerk
APPROVED
/s/ Julie mbardi CIh FORM:
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
duringthe period and time of publication and not in a
supplement, on the DATE(S) LISTED BELOW
09/27/2017
Newspaper reference: 0000412393
'f4- z6&QLA
Legal Representative
Sworn to and subscribed before me this date:
Notary Pul3lic
MY Commission expires: Zp2 —Oo —.)4 zo�P
NOTARY PUBLIC•STATE OF OKLAHOMA
COMM. E1LP. NANCY CAROL MOORE
Iz- Ba -2Bia COMMiSSIONN06011684
TULSA COUNTY
sd
The City Wif out Limits. gppR
OV
TO: Honorable Mayor and City Council, Q)'
City of Owasso EP COV
S NC7G
FROM: Bronce L. Stephenson, MPA
Director of Community Development
SUBJECT: Ordinance 1107
Easement Closures - Seven6Main
DATE: September 15, 2017
BACKGROUND:
The City of Owasso received a request from Wallace Engineering for the complete closure of
two (2) utility easements as part of the Final Plat for Seven6Main. The address of the property is
201 S Main, The Council approved the re -plat for this site (Seven6Main) on August 15, 2017.
This property will contain the new Smoke Restaurant, along with other retail spaces and loft
apartments. The new plat records new utility easements to serve the development. The old
easements currently in place are no longer necessary to serve the new development and
therefore a closure request is being processed 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 old easements 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 easements.
Upon Council action to close the easements, the applicant should take the Ordinance to District
Court and file for vacation of the easement which will complete the closing process.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the request at their August 16 meeting. No
comments or concerns regarding negative impacts to utilities were expressed at the meeting.
RECOMMENDATION:
Staff recommends approval of Ordinance 1107, closing the subject easements.
ATTACHMENTS:
Ordinance 1107
Aerial Map
Seven6Main Final Plat