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HomeMy WebLinkAbout1116_Easement Closure Brookfield CrossingKm� Tulsa County Clerk - Michael Willis Doc 0 2017110939 Page(s): 4 11/30/2017 09:05:55 AM :•$ , 1 ;: Receipt p 17 -66596 °o P° Fee: $ 19.00 kLaNOM CITY OF OWASSO, OKLAHOMA ORDINANCE 1116 AN ORDINANCE CLOSING TO THE PUBLIC USE A STORMWATER EASEMENT LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION 5, T -21 -N, R -14 -E OF THE I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA, OWASSO, OKLAHOMA, AND ACCORDING TO THE RECORDED EASEMENT DOCUMENT #2017016880 AS FILED WITH THE TULSA COUNTY CLERK ON FEBRUARY 24, 2017 WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain stormwater 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 ONE: A tract of land generally located near E 120th Street North and N 1181h East Avenue, more particularly described as follows: A TRACT OF LAND LOCATED IN THE SW /4 OF SECTION 5, T -21 -N, R -14 -E OF THE I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SW /4; THENCE N 88 136'58" E ALONG THE NORTH LINE OF SAID SW /4 A DISTANCE OF 1323.80 FEET; THENCE S 1 013'44" E A DISTANCE OF 585.88 FEET TO THE POINT OF BEGINNING; THENCE N 88 039'8" E A DISTANCE OF 159.23 FEET; THENCE S 1 °20'52" E A DISTANCE OF 728.34 FEET; THENCE S 88 043'26" W A DISTANCE OF 177.51 FEET; THENCE N 1 120'52" W A DISTANCE OF 335.51 FEET; THENCE N 88 °39'8" E A DISTANCE OF 17.47 FEET; THENCE N 1 013'44" W A DISTANCE OF 392.61 FEET TO THE POINT OF BEGINNING. CONTAINING 2.806 ACRES MORE OR LESS. The some is hereby closed for public use as a storm water drainage easement. SECTION TWO: REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE: SEVERABILITY 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 FOUR: DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. 0 SECTION FIVE: FILING There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. ATTEST: Sherry Bishop, City Clerk AS TO FORM: City PASSED AND APPROVED • 21st day of Novem r, 2017 "nol- 1y dell 6unn, Mayor rG\�14 OF G oFrrcrar, G S liA L ^Y�, f0`ri nyt)FnP �,F`t� Ordinance 1116 Page 2 of 2 Weekly Group CITY OF OWASSO /LEGALS Attn JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Owasso Reporter - Sand Springs Leader Skiatook Journal • Wagoner County American- Tribune T Isa Business S Legal News OKLAHOMA WEEKLY GROUP RO, BOX 1770 TULSA, OK 74102-1770 Account Number 1015023 Date December 06, 2017 Date Category Description Ad Size Total Cos 12/06/2017 Legal Notices ORDINANCE 1116 2 x 88.00 CL 112.64 PublHhetl in the Owasso Reporter, Owosso, Tulsa COUn. IY, Oklahoma, December 6, 2017. CITY OF OWASSO, OKLAHOMA ORDINANCE 7176 AN ORDINANCE CLOSING TO THE PUBLIC USE A STORMWATER EASEMENT LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION T T- 21-N, R -74 -E OF THE I.B -aM., TULSA COUNTY, STATE OF OKLAHOMA, OWASSO, OKLAHOMA, AND ACCORDING TO THE RECORDED EASE. MENT DOCUMENT 41201741161180 AS FILED WITH THE TULSA COUNTY CLERK ON FEBRUARY 24, 2077 WHEREAS, the City of Owasso, Oklahoma, has deemed It necessary and expedient to close to the Public os Exhibit •q•; and, use a Portion of a cert ain Stormwater easement affached right to WHEREAS, the sPme without a expense to the munlel Milly, and repealing all ordinances or Parts of ordinan. ces in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE: A tract of land generally [mated near E 72011, Street North and N 118th East Avenue scribed as follows: , more p°rticularlY de- A TRACT OF LAND LOCATED IN THE SW /4 OF SECTION S, T -21 -N, RJI E OF THE I.B.&M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, AND MORE PARTICULARLY DESCRIBED 1111, LOWS: The same is hereby closed for public use as a storm wa- ter drainage easement. SECTION TWO: REPEALER orcll nonice ore herebysrevealeOeocihelexfenfio (�tieneon- SECTION flict only. ItItu any ff °I or parts of this ordinance are deemed uncon- fact.not belaffeclted but Ineffective, the In ma force and lot sect. SECTION FOUR: DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (20) days from the dote of final passage as prOvId- ed by state law. SECTION FIVE: FILING There shall be filed In the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this PASSED AND APPROVED this 21st day Of November, /s/ Lyndeil Dunn, Mayor ATTEST: /a/ Sherry Bishop, City Clerk /s/Julllie Lombardi, ardf CitOYRAttarney 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 DATES) LISTED BELOW 12/062017 Newspaper reference: 0000433168 Legal Representative Sworn to and subscribed before me this date: 0% azu OLNotary Public My Commission expires: /C2 %/Q )d" NOTARY PUBLIC•STATE OF OKLAHOMA COMM. EXP. NANCY CAROL MOORE 12-08 -2018 COMMISSION #06011684 TULSA COUNTY 0 sd gppRO (/ Fo eYCo The Ciry Wit our Limits. TO: Honorable Mayor and City Council Nov City of Owasso ? % 4111 FROM: Karl A. Fritschen Planning Manager SUBJECT: Ordinance 1116 - Utility Easement Closure Request Brookfield Crossing Offsite Drainage Easement DATE: November 17. 2017 BACKGROUND: This is an easement closure request from the City of Owasso Pubric Works Department regarding an offsite drainage easement that was mistakenly filed. The easement was originally established on the north side of the Brookfield Crossing subdivision in Tulsa County to allow for the construction of a drainage structure. The easement and drainage structure are necessary to address drainage issues occurring in the Brookfield Crossing subdivision. The existing easement contains more area than is necessary for the drainage structure. As a result, a new easement is being prepared that will be filed after the existing one is closed and vacated. Required notice was sent to all franchise utility companies and abutting property owners. No other utilities appear to be affected by the closing of the drainage easement. Closing of the easement will ensure clear title to the property. Upon Council action to close the easement, the City will file it in District Court to vacate the easement which will completely remove it from the books. All statutory requirements in terms of notifying franchise holders thirty (30) days prior to Council action on the closure request were met. No comments or concerns regarding negative impacts to utilities were expressed from any utility providers. If this item is approved by the City Council, staff will prepare a closing ordinance for Council consideration. RECOMMENDATION: Staff recommends City Council approval of Ordinance 1116. ATTACHMENTS: Ordinance 1116 Recorded Document - Stormwater Easement Location Map �ppH'ro Tulsa County Clerk - Michael Willis Doc # 2017016880 Page(s): 3 9� 02/24/2017 09:56:19 AM Receipt Receipt # 17 -10593 ��rtxoMP Fee: $ 17.00 STORMWATER EASEMENT KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of value received, Neal R. & Brenda F. Hardesty, does hereby grant and dedicate to the public, for public use, a stormwater easement over and across the following described property situated in the County of Tulsa, State of Oklahoma, to -wit: A tract of land located in the SW 14 of Section 5, T -21 -N, R -14 -E of the I.B. &M., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, and more particularly described as follows: Commencing at the Northwest corner of said SW /4; Thence N 88 °36'58" E along the North line of said SW /4 a distance of 1323.80 feet; Thence S 1 °13'44" E a distance of 585.88 feet to the Point of Beginning; Thence N 88 039'8" E a distance of 159.23 feet; Thence S 1 °20'52" E a distance of 728.34 feet; Thence S 88 °43'26" W a distance of 177.51 feet; Thence N 1 °20'52" W a distance of 335.51 feet; Thence N 88 °39'8" E a distance of 17.47 feet; Thence N 1 °13'44" W a distance of 392.61 feet to the Point of Beginning. Containing 2.806 acres more or less. Basis of bearing is the Oklahoma State Plane Coordinate system. with ingress and egress to and from the same; which stormwater easement and grant shall be for the several purposes of constructing, maintaining, operating, repairing, and removing any and all stormwater conveyance, grading and other appurtenant appliances; and together with all rights and privileges incident thereto, and the right to remove or trim trees when the same interfere with said utilities. The Grantee hereby agrees that upon completion of the Project that the Drainage Easement herein contained shall be reduced to a twenty -five foot wide drainage easement center about the centerline of the drainage channel. The Grantee shall survey said channel upon completion of construction in order to define the centerline of said channel for the purpose of redefining and reducing the permanent drainage easement as described above. The Drainage Easement document herein contained shall not be filed of record; however, the final twenty -foot wide drainage easement centered over said channel shall be filed of record upon completion. Hardesty 13 TO HAVE AND TO HOLD the said stormwater easement and grant unto the public for public use, forever; the consideration hereof being in full payment for the rights and privileges herein granted. EXECUTED this ,13 day #, 2017. Neal R. Hardesty V Brenda F. Hardesty STATE OF Oklahoma } ss. COUNTY OF Tulsa ACKNOWLEDGMENT Before me, t� undersigned, a Notar Public in and for said County and State, on this ,�,3 - day of, , 2017, personally appeared _ to me kno n to be the identical person who subscribed the name of the roker thereof to the within and foregoing instrument and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed, and as the free and voluntary act and deed of such corporation, for the uses and purposes therein set forth. Given under my hand and seal of office the day and yep r Iast above written. My Commission Expires: 111olZU L.t) N ARY PUBLIC My Commission Number: C&II W CHERYLA.GRANT COMM # 08011808 NOTARY PUBLIC STATE OF OKLAHOMA Hardesty Legal Description Exhibit 'A' Drainage Easement Sec. S, T -21 -N, R -14 -E, IBM Tulsa County, Oklahoma POINT OF COMMENCEMENT NW CORNER OF SW /4, SEC. 5, T -21 -N, R -14 -E I 1" = 200' NEAL & BRENDA HARDESTY i TEMPORARY ACCESS EASEMENT /1592 / JI 1 I m � R 14 E T 1261H STREET NRM '9C::,I(I(11111111: Issue '011111; 21111M.-Ma 111Y 14 Legal Description A TRACT OF LAND LOCATED IN THE SW /4 OF SECTION 5, T -21 -19, R -14-E OF THE I.B.&M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SW /4; THENCE N 88'36'58" E ALONG THE NORTH LINE OF SAID SW /4 A DISTANCE OF 1323.80 FEET; THENCE S 1'13'44" E A DISTANCE OF 585.88 FEET TO THE POINT OF BEGINNING; THENCE N 88'39'8" E A DISTANCE OF 159.23 FEET; THENCE S 1'20'52" E A DISTANCE OF 728.34 FEET; THENCE S 88'43'26" W A DISTANCE OF 177.51 FEET; THENCE N 1'20'52" W A DISTANCE OF 335.51 FEET; THENCE N 88'39'8" E A DISTANCE OF 17.47 FEET, THENCE N 1'13'44" W A DISTANCE OF 392.61 FEET TO THE POINT OF BEGINNING. CONTAINING 2.806 ACRES MORE OR LESS. BASIS OF BEARING IS THE OKLAHOMA STATE PLANE COORDINATE SYSTEM. Easement Closure 44St-N. E 121 st St N Subs ct Eas-9 ent 119th St N T Easrti'8thStN. Map data ©"?Ot. Google 1" = 376 ft Owasso Public 10/11/2017 Works 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.