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HomeMy WebLinkAbout1122_Utility Easement Closures Mingo CrossingTulsa County Clerk - Michael Willis 0� Doc N 2018004812 Page(s): 15 3:•; '4 01/18/2018 02:35:38 PM Receipt N 18 -3153 �klaeoMP Fee: $ 41.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1122 AN ORDINANCE CLOSING TO THE PUBLIC A TEMPORARY CONSTRUCTION EASEMENT AND A SANITARY SEWER EASEMENT LOCATED IN OWASSO OKLAHOMA, AS FILED IN TULSA COUNTY AND ACCORDING TO RECORDED DOCUMENTS 2008030912, 2008030913, 2008030914, AND 2008030915 WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to close to the public use a portion of certain public 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 LOCATED IN THE NORTHWEST QUARTER (NW /4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, 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 SECTION 18; THENCE S00 057'02 "E ALONG THE WESTERN SECTION LINE A DISTANCE OF 2631.68 FEET TO THE WESTERN QUARTER (WI/4) CORNER OF SAID SECTION; THENCE N88 044'28 "E A DISTANCE OF 214.48 FEET TO THE POINT OF BEGINNING; THENCE N88 044'28 "E A DISTANCE OF 64.58 FEET; THENCE N38 000'33 "E A DISTANCE OF 558.17 FEET; THENCE N01028'04 "E A DISTANCE OF 486.19 FEET; THENCE N22 003'02 "E A DISTANCE OF 418.37 FEET; THENCE S89 000'18 "W A DISTANCE OF 54.34 FEET; THENCE S22 003'02 "W A DISTANCE OF 406.17 FEET; THENCE S01 028'04 "W A DISTANCE OF 478.76 FEET; THENCE S38 °00'33 "W A DISTANCE OF 582.54 FEET; TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 73,225.3 SQUARE FEET, OR 1.68 ACRES, MORE OR LESS. The same is hereby closed for public use as a temporary construction easement. AND A TRACT OF LAND IN THE NORTHWEST QUARTER (NW /4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE S00 057'02 "E ALONG THE WESTERN SECTION LINE A DISTANCE OF 2631.68 FEET TO THE WESTERN QUARTER (W] /4) CORNER OF SAID SECTION; THENCE N88 044'28 "E A DISTANCE OF 279.07 FEET TO THE POINT OF BEGINNING; THENCE•N38 °00'33 "E A DISTANCE OF 558.17 FEET; THENCE N01 028'04 "E A DISTANCE OF 486.19 FEET; THENCE N22 103'02 "E A DISTANCE OF 418.37 FEET; THENCE N89°00'1 8 "E A DISTANCE OF 21.73 FEET; THENCE S22 003'02 "W A DISTANCE OF 423.24 FEET; THENCE S01 028'04 W A DISTANCE OF 489.16 FEET; THENCE S38 000'33 "W A DISTANCE OF 548.42 FEET; THENCE S88 044'28 "E A DISTANCE OF 25.83 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 29,235.62 SQUARE FEET, OR 0.671 ACRES, MORE OR LESS. The same is hereby closed for public use as a sanitary sewer 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. PASSED AND APPROVED this 161h day of January, 2018. a� / Lyndell Dunn, Mayor 0111 0 Q4z c Sr��yj ATTEST: o u' U . Sherry Bislop, City Clerk : i au"" (SEAL) FkI.AHON"P APPROVED AS TO FORM: a f/'^� Julie Lombardi, City Attorney Ordinance 1122 Page 2 of 2 Doc# 2008030912 Pages 3 11111 oil r Receipt# 976487 03/26/06 15:37:38 w000976487010w Fee 17.00 mctimPo^MM-'4 TEMPORARY CONSTRUCTION EASEMENT tppSkgO5R74ow Partnership ""ROW ALL MEN BY THESE PRESENTS: That the undersigned, DEBORAH MORES SHAFER and J"' ^'^° ME)R ^ CO TRUSTEES OF THE MOREE G. MORRIS TESTAMENTARY TRUST pursuant to the last Will and Testament of the Decedent, owner(s), of the legal and equitable title to the following described teal estate situated in Tulsa County, State of Oklahoma, for and in consideration of the sum of One Dollar ($1.00), cash in hand, paid by the City of Owasso, Oklahoma, and other good and valuable considenuious, receipt of which are hereby acknowledged, do(n) hereby grant and convey unto the said City of Owasso, County of Tulsa, State of Oklahoma, a temporary easement, through, over, and under, and across the following described property, situated in said County, to- wit: See Attached Exhibit's "A" & "B^ for a period of not more than 12 months after the accepted completnori of the sanitary sewer line by the City of Owasso. This grant of temporary right to use and occupy is given for the purpose of permuting the City of Owasso, its employees, representatives, agents, and/or persons under contract with it to use said described property for construction of a sanitary sewer line. That the Owne(s) agree that this temporary construction easement shall be binding upon their heirs, executOM adminisltators and personal representatives during the tarn hereof and further agree that in the event the premises covered by this temporary construction easement are sold, assigned or conveyed, that the purchaser or grantee thereof will be advised of the existence of this temporary grant and that said sale dimng said tens shall be made subject to the rights herein given. TO HAVE AND TO HOLD such easement unto the, City of Owasso .Oklahoma its successors and assigns, for the period stated above. IN WITNESS WHEREOF, the parties have caused this instrument m be executed this �, day f _ Yl'1 oa.rr � 2008 41 '44LC EB RAH MORES SHA $R Co -Trust A JANINE INEZ MORRIS COMEAUX, Co-' State o )ss. ACKNOWLEDGMENT County Before me, then dersign )I, allotary Public within and for said County antl State, on this a _dayo 2008, personally appeared Deborah Moree Shafer and denine Met -Moms Gameataras Co-Trustees of the Mom G. Moms Testamentary Trust dated to me known to be the identical person(s) who executed the within and foregoing instrument and as the free and voluntary act and deed such Co-Trustees for the was and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and afn^ my official seal the day ang.., year last above written. My Commission excites: Notary Public a DONNA L CASEY t BAROFTEXA9 N AHtEr�.3- B-2010 APpmy_ed as to Form: 18.st%Crty Attorney Ii=< 1 47017 I I Ey TULSA ABSTRACT & TITLE CO. 612 S. DENVER AVE. ._... __ ..YI II 0 A nie 7A 110 Exhibit i°A" Legal Description Temporary Construction Easement A tract of land in the Northwest Quarter (NW /4) of Section 18, Township 21 North, Range i4 East of the Indian Base and Meridian, Tulsa County, State -of Oklahoma, according to the U.S. Government Survey thereof, said tract of land being described as follows: Commencing at the Northwest comer of said Section 18; thence S00 057'02 "E along the western section line a distance of 2631.68 feet to the Western Quarer (WI /4) toner of said section: Thence N88 °44'28 "E a distance of 274.48 feet to the POINT OF BEOIN ING: Thence N88 °44'28" E a distance of 64.58 feet: Thence N38 000'33 "E a distance of 558.17 feet: Thence N01 °28'04 "E a distance of 486.19 feet Thence N22 003'02 "E a distance of 41837 feet: Thence S89000'1 g"W a distance of 5434 feet Thence S22 003'02 "W a distance of 406.17 feet Thence S01 028104 "W a distance of 478.76 feet: Thence 938 °00'33 "W a distance of 582.54 feet; to the Point of Beginning, said tract containing 73,2253 square feet, or 1.68 acres, more or less DcC1 d1D11 �J' IBY I EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT aeaacry S�lRla• re fT ?e.1(R.I4£ C.x PNOP>:xm uNS —� 1 _ —_ —_ —_ 5229302• $' ! N22T73'022' ILO —YEAR W . FLOOD PLAIN I k� ! Ili w !� PNOPER Y IJNE I I $ I• ease � � , {�I soi�2a•478pq•yv I ' I .76 -NOI .I E G�AI 486. i9' : i50' TEMPORARY CONSTRUMION Ili EASEMENT I' I I sII 58154W / I PA.B. / i `� �ll i /•+ / N3B . I �J N814'ZB•E / 558.11 7* 2 I 216.487 %/ �• M88.4428•E ¢l!SS� HO II— — — 0 .esTw mace a8'IYYA T.TN{MNF 0 50 1D0 P00 000 i r 'T L1 ilk; DEC1420i7 Llll(_ Doc # 2008030913 Pages 3 ''IIp ffII,, IIII IIff II'' pp Receipt# 976487 03/26/08 15:31:55 Fee 17.00 0000976487011w MjOew IINfS w .. TEMPORARY CONSTRUCTION EASEMENT Partnership KNOW ALL MEN BY THESE PRESENTS: That the undersigned, DEBEA1441 i 19PGG SHAFGR and JANINE INEZ MORRIS COMEAUX, CO TRUSTEES OF THE MORES G. MORRIS TESTAMENTARY TRUST pursuant to the Lau Will and Testament of the Decedent, owner(s), of the legal and equitable title to tae following described real estate situated in Tulsa County, State of Oklahoma, for and in consideration of the sum of One Dollar ($1.00), cash in hand, paid by the City of Owasso, Oklahoma, and other good and valuable considerations, receipt of which are hereby acknowledged, doles) hereby grant and convey unto the said City of Owasso, County of Tulsa, State of Oklahoma, a tampoiary msemem, through, over, and under, and across the following described property, situated in said County, to- wit: See Attached Exhibit's °A^ & "B* for a period of not more than 12 months after the accepted completion of the sanitary sewer line by the City of Owasso. This grant of temporary right to use and occupy is given for the purpose Of uerm hang the City of Owasso, its employees, representatives, agents, and/or persons under contract with it, to use said described property, for construction of a sanitary sewer line. That the Owners) agree that this temporary construction easement shall be binding upon their hells, executors, administrators and personal representatives during the term hereof and further agree that in the event me premises coveted by this temporary construction easement are sold, assigned or conveyed, that the purchaser or grantee thereof will be advised of the existence of this temporary grant and that said sale during said term shall be made subject to the rights herein given. TO HAVE AND TO HOLD such easement unto the, City of Owasso .Oklahoma its successors and assigns, for the period stated above. f �/j IN VI ESS WHEREOF, me parties have caused this instrument to be executed thist�7S day of yr 11 _ 2008 DEBORAH MOREE SHAFER, Co-Trustee JAIJINE INEZ MORRIS COMEAUX, Co-Trustee State of ) 1- = r} -. •::: County f ACKNOWLEDGMENT A,,, of • h0Mp B?f1 me, the a rsign allomry Public within and for said County and State, on this day of 2008, personally appeared IDeberall P 4stee 61 infer and Janine 1 hq Cc eaux o- Trustees of the Moree G. Moms Testamentary Trust sated mm=r[0 me: known to be me identical person(s) who executed the within end oregoing instrument and as the free and voluntary act and deed such Co-Trustces for the uses and Purposes therein set forth. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my ffrcial seal the day year last above written. My Commission expie1J 4r —W Notary ! ! \ WbIiC Notary Public STATE OF TEXAS A Form, My comet. EV JulyS, •dlim ppr as to . City Attorney it • _ '< s i ( �/ I` I i OEC 1 4 2011 �U �L S'y TULSA ABSTRACT & TITLE CO. " -' • 612 S. DENVER AVE. Exhibit "A" Legal Description Temporary Cdnatrlrehpp Easement A tract of land in the Northwest Quarter (NW /4) of Section 18, Township 21 North. Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Govemmcnt Survey thcreof, said tract of land being described as fo0ows: Commencing at the Northwest comer of said Section 18; thence S00°57202 "E along the western section line a distance of 2631.68 feet to the Western Quarter (W I!4) corner of said section: Thence N88 044'28 "E a distance of 214.48 feet to the POINT OF BEGINNING: Thence 488 044'28" E a distance of 64.58 feet: Thence N38 000'33 "E a distance of 558.17 feet; Thence N01 28'04 "E a distance of 486.19 feet Thence N22 °03'02 "E a distance of 41837 feet: Thence SS9°0o' 18 "W a distance of 5434 feet: Thence S2r03'0T'W a distance of 406.17 feet: Thence 50128104 "W a distance of 478.76 feet: Thence S38 000'33 "W a distance of 582.54 feet; to the Point of Beginning, said tract contatning 73.22.3 square feet, or 1.68 acres, more or less _...y- _. ..- �k' ' ' EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT d16:j f� 4.34' 4.74' j ! PROPERLY L E 1 J / I�_ - - - -- 572'0302' & 1 N220Y02£ i 406.1Y' / 4LQ37' 100-YEAR FLOW PLAIN ...t•�L /I / 1 PROPERTY J UNE / i i •I ;N 1 p I 1 501 Oy '47,18 BSY w �1J0186. 19' 486.19" (TEMPORARY CONSTRUCTION Ili EASEMENT fli S38'00'33'W IliP.0 a. / � 1 N.,5w117' f WI !l N88'4428T 558.1] 214.48) . m88'S478'E /.� rx. ss� �y KII - - i 3 a w 1rm eno a0o Doc # 2008030914 Pages 3 Receipt# 976487 03/26/08 15:32:12 IIIa11 Hill Hill Hill 111IIII111111 UP 111111111111 1Hill1111111111111 a Fee 17.00 x000976487012m rbt8AASSIMCT &TITLE t RlEYOMU RAOs 6w66imn.w.`At UTnXYYEASEMENT 1111MOK74133 PUBLIC film mm [WOW ALL MEN BY THESE PRESENTS: That all Testament of the Decedent Owner(s), of the legal and equitable title to the following described. real estate situated in Tulsa County, State of Oklahoma, "Grantor," in consideration of the sum of One Dollar (SI.00), cash in hand, receipt of which is acknowledged, do hereby assign, grant and convey to the Citv of Owasso. Oklahoma. ds successors and assigns, "Grantee "a utility easement ovmand across the following described real property and premises, situated in TULSA Comity, State of Oklehmma, to wit SEE ATTA. BED nHIB1TS °A* & "B" with rightofingrm and egress to and from the same, for the purpose ofoonstructing and maintaining public sanitary sewer line twenty feet (20.00) in width. Grantor agrees nottu build or construct my building or buildings upon the Easement area. However, Grantor expressly reserves the right to build and construct sidewalks, streets and driveways, water maims, gas lines, electrical lines, and other public service facilities across said premises herein described. There is further granted the right to remove any tree or parts of trees, which in the judgment of the Grantee may interfere with the construction of the applicable utilities. TO HAVE AND TO HOLD such easementumo the, City of Owsuaw,01dahoma its successors and assigns, forever. M WITNESS WHEREOF, the parties have caused this instrument to be executed this [ day of t ' 2008 - E - ORAH MORSE SHAPER, Cc-Trvstee JANINE INEZ MORRIS COUEAUX, Co-Tmstee M. ACKNOWLEDGMENT efore my� the undersi ed, a Notary Public within and for said County and State, on this ( 911 �ey of _ (/ 200, personally appeared Deborah Moree Morris an as Co- trustees of the Moree G. Moms Testamentary Trust to me known to be the identical person(s) who executed the within and foregoing instrument as the free and voluntary act and deed of such Co- Trustees for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affix y official seal the day and year last above written. My Commission expires: ' t7' I Q `. • w DONNA L CASEY Notary Public BrAE 6FT�tYAB �gs1v irytxnmE aezno Approved as to Form: o»r IEPKCity Attorney DEC 1 4 20'. I�•iI A�= TULSA ABSTRACT & TITLE CO. 612 S. DENVER AVE. TULSA. OK 74119 3 Exhibit "A" Iteea1 Description Public Utility Easement A tract of tend in the Northwest Quarter (N W /4) of Section 18, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, said tract of land being described as follows: Commencing at the Northwest comer ofsaid Section 18; thence SOW57'02 "Ealong the western section line distance of 2631.68 feet to the Western Quarter (W7 /4) corner of said section: Thence N88 °44.28 "E a distance of 279.07 feet to the POINT OF BEGAWING: Thence N38 000'33 "E a distance of 558.17 fret; Thence NO WOVE a distance of 486.19 feet: Thence N22°03'O2 7E adistance of418.37 fleet ThenceN89 °00'18 "E a dis1anceof21.73 feet. TIxMZ S22 °03'02 "W a distance of423.24 feet: Thence SOI 028'04 "W a distance of489.16 feet Thence S38 "00'33"W a distance of 548.42 feet Thence S88 °44'28 "E a distance of 25.83 feet to the Point of Beginning, said tract containing 29235.62 square feet, or 0.671 acres, more or less it 2- 1J 2 11 '�f:r Illlll(IlLL11l DEC 1 4 2011 Ll EXHIBIT 'B" PUBLIC SANITARY SEWER EASEMENT 1 21.73 V 1 � ,'. __ / - fir___ -___ -_ PROPERTY LINE— N22A3'02'E : 1 I 41837 ' S22A3O2'W if� 100 -YEAR �/� 42.124• Im FLOOD PLAIN m / PROPERTY UNE S 1128104'K. I i IIo w9 I { N0128O4 E� 1'1 � 489-76 ",' 488 r9 i I Ili ^ p 1 ------ --- I; •I zc Ali l SANIATEA EMENT EAS4ENT 1 II, L % / 616 "7 Ill P.O9. / .LS54&42' N88%H`2;,r 54842' II / DEC 1 A. 2017 �J By E o w +ao zoo soo DEC 1 A. 2017 �J By Un Doc 201198030915 Pages 3 Imilli1IIIIIIIIIIIIIIIIIIIIIIIf1IIIIIIIIIIIIIIRIIIIIIIIIIIiI11111111 Receipt# 976487 03/26/08 15:32:37 sx6009764s37013at Fee 17.00 kt,`1H&IlilAtRW 1 8 3E.isSIIDPLSW� r^ U"1'ILITYEASEIYIENT W&0.0k74= PUBLIC KNOW ALL MEN BY THESE PRESENTS: That all undersigned, and JANINE INEZ MORRIS COMEAUX Co- TRUSTEES OF THE MORES G. MORRIS TESTAMENTARY TRUST potsuant to the Last Will antl Testament of the Decedent Owner(s), of the legal and equitable title to the following ciascnbed real estate situated in Tulsa County, State of Oklahoma, "Grantor," in consideration of the sum of One Dollar (S 1.00), cash in hand, receipt Ofwhich is acknowledged, do hereby assign, grant and convey to the City of Owasso. Oklahoma, its successors and assigns, "Grantee" a utility easement over and across the following described real property and premises, situated in TULSA County, State of Oklahoma, to wit. SEE ATTACH EXHIBITS "A" & "B" with rightof ingress and egress to and fromthe,mme, forhhe purpose ofconstructing and maintaimngapublic sanitary sewer line twenty feet (20.00) in width. Grantor agrees not to build or conshuctarty building or buildings upon the Easement area However, Grantor expressly reserves the right to build and construct sidewalks, streets and driveways, water mams, gas lines. electrical lines, and other public service facilities across said premises herein described. There is further granted the right to remove any nee or parts of trees, which in me judgment of the Grantee may interfere with the construction of the applicable utilities. TO HAV E AND TO HOLD such easement unto the, City of Owasso .Oklahoma its successors and assigns, forever. IN W ESS W HEREOF, the parties have caused this ristm L ment to be executed this Stlay of 2008 State of— a � �)ss County o I L/� I UI L DEBORAH MORSE SHAFER, Co-Trustee J LNE INEZ MORRIS COUEAUX, Co-Trustee ACKNOWLEDGMENT fd Before me a undeml ed, a Notary Public within and for said County and State, on this ° day of 20 personaliyappearedB�mM JanmeInnMorris ComeauxasCo- tmstm of the Mdree . Moms Testamentary Trust to me known to be the identical person(s) who executed the within and foregoing Instrument as the free and voluntary act and deed of such Co-Trustees for the uses and purposes therein set form. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my o icial seal the day antl last above written. f' _ My Commission expires: n Notary Public CHRISTINA ANN PERRY Notary Public STATE OF TEXAS App ed star to Porte: M1y Comm. Exp. JWy 5,2011 OJrr -1C7 Attorney =D _wf i TULSA ABSTRACT & TITLE CO. 612 S. DENVER AVE, TULSA. OK 74119 Exhibit "A" Leed Descrtntioa Public UtWty Easement A tract of land in the Northwest Quarter (N W /4) of Section 18. Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, said tract of land being described as follows: Commencing at the Northwestcomerofsaid Section 18; then SDO'57'02"Ealong the western section Line a distance of 2631.68 feet to the Westem Quarter (W7 /4) comer of said section: Thence N88 044128 "E a distance of 279.07 feet to the POINT OF BEGINNING: Thence N38000'33'E a distance of 558.17 feet Thence N0 1"28'04"E a distance of 486.19 feet Thence" N22 °03'02 "Ea distance of418.37 feet ThenceN89 0001 8 "E a distanceof21.73 feet Thence S22003'02"W a distance of423.24 feet Thence S01 °28'04 "W a distance of489.16 feet: Thence S38°00'33 "W a distance of 548.42 feet; Thence S88 044.28 "E a distance of 25.83 feet to the Point of Beginning, said tract containing 29.235.62 square; feel, or 0.671 acres, mote or less FC 1 d. 2011 U EXHIBIT "B" PUBLIC SANITARY SEWER EASEMENT ow.sl I II� N89'00'18"E 21.73 PROPE/77Y UNE� I N220302E II 100 —YEAR 418.37'` 42VO?"W m FLOOD PLAIN m / PROPERTY �mN , LINE I 128'04 "Y /. II NO128104E II i 489.16': III 20' SANIAT SEWER EA II' I' EASEMENT , I�I N387X1'33E ssalr� 15 l , 1 Poe 548.42 i J a ss� gyy ! CJ l= E-UT DEC 142017 �u. 0 so 100 200 306 X61 : rr — crfr: "., E 106th St N r tit 1 HI F I rS" sn� Y � 11y It ?y R� .,,. f t ✓a y ?,71 '� YC�%1 '1 ��Y {� •r3 ��I � \'i!r /� �l � n � ;}��f'iV'I��1�I��`�`dI�GJI ��i'.,'L' T�yA oY O•i Y pu.� C Y /' �'� {i{C SEkYitil•;.b 7�4r j �L1�Q fi CA ,q fj I� a�.a. yRf tJ' ✓, ©K •3Yt�'rl�,; ArrlYil.�r'�I _. ;� d'�%`i)( F4012 P�J't'.1�!M�]rr��j"E�A off' N 11;41 �4 4iCa� 7P��iSJF t '"M ; MTV Ir, . fi'71JIL 1 CCIi ''I V / 8'� ( S t•,rl r1 MW �I ( • wr ISZap� r� > a Rmz L. o Llm WA r ` "fly • ' ��' rt., �7 °� �r . ice. �� r,/.��ra�:_ a �: � i T 1�4�5 "r'�"J � �� .PI.:I L f,, nVwL�feiClh�•t'��i�i��dk• r pltiai 1 t ��30 �i71fl -:s�lr .. �� j J���Lj�J I�I, -.ar ►"tGib � /�� ': Ii�'Y" �F ! r v.J.��da� 3r�(Y��+ ,.�L.1'iiii..�i �r • . ! 4 Wekly ILEOuP CITY OF OWASSO/LEGALS Atilt JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Owasso Reporter , Sand Springs Leader SkiatPOk Journal. Wagoner County American- Tribune Tulsa Business& Legal News OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date February 14, 2018 Date Category Description Ad Size Total Cost 02114/2018 Legal Notices ORDINANCE 1122 2 x 130.00 CL 166.40 451211 Published in the Owasso Reporter, Owasso, Tulsa Coun- ty. Oklahoma, February 14, 2018. CITY OF OWASSO, OKLAHOMA ORDINANCE 1122 AN ORDINANCE CLOSING TO THE PUBLIC A TEMPORARY CONSTRUCTION EASEMENT AND A SANITARY SEWER EASEMENT LOCATED IN OWASSOOKLAHOMA, AS FILED IN TULSA COUN- TY AND ACCORDING TO RECORDED DOCU. MENTS 2008030912, 2008030913, 2008030914, AND 2008030915 WHEREAS, the City of Owasso, Oklahoma has deemed It necessary and expedient to close to the public use a Portion of certain Public easements herein attached as Exhibits "A- and 'B'; and, WHEREAS, the City of Owasso retains the absolute right to reopen the some without expense to the munici- pality, 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: 0441 1-jMs A TRACT OF LAND LOCATED IN THE NORTH- WEST QUARTER (NW /4) OF SECTION 18, TOWN- SHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOV- ERNMENT SURVEY THEREOF, AND MORE PAR- TICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOO' S/' 02' E ALONG THE WESTERN SECTION LINE A DIS- TANCE OF 2631.68 FEET TO THE WESTERN QUARTER (W714) CORNER OF SAID SECTION; THENCE N Or 44' 28' E A DISTANCE OF 214.48 FEET TO THE POINT OF BEGINNING; THENCE N BB' 44' 28' E A DISTANCE OF 6458 FEET; THENCE N 38' 00' 33' E A DISTANCE OF 558.17 FEET; THENCE N 01'281 04' E A DISTANCE OF 466.19 FEET; THENCE N 22° 03' 02' E A DIS. TANCE OF 418.37 FEET; THENCE S 89' 00' 18' W A DISTANCE OF 54.34 FEET; THENCE S 22' 03' 02' W A DISTANCE OF 406.17 FEET; THENCE S Ol' 28' 04' W A DISTANCE OF 478.76 FEET; THENCE S 38' W' 33' W A DISTANCE OF 58254 FEET; TO THE POINT OF BEGINNING, SAID TRACT COW TAINING 73,225.3 SQUARE FEET, OR 1.68 ACRES, MORE OR LESS. The some Is hereby closed for Public use as a temporary construction eosement. AND A TRACT OF LAND IN THE NORTHWEST QUAR- TER (NW /4) OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERN- MENT SURVEY THEREOF, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE S 00' 57' 02' E ALONG THE WESTERN SECTION LINE A DIS- TANCE OF 2631.68 FEET TO THE WESTERN QUARTER (W1 14) CORNER OF SAID SECTION; THENCE N BB' M' 28' E A DISTANCE OF 279.07 FEET TO THE POINT OF BEGINNING; THENCE N 38' 00' 33' E A DISTANCE OF 558.17 FEET; THENCE N Ol' 28' 04" E A DISTANCE OF 486.19 FEET; THENCE N 22.03' 02' E A DISTANCE OF 418.37 FEET; THENCE N 8V Be 18' E A DIS- TANCE OF 27.73 FEET; THENCE S 22' 03'02- W A DISTANCE OF 423.24 FEET; THENCE S 01' 28' 04' W A DISTANCE OF 489.16 FEET; THENCE S 38' W' 33' W A DISTANCE OF 518.42 FEET; THENCE S BB' 44' 28" E A DISTANCE OF 25.83 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAIN. ING 29,235.62 SQUARE FEET, OR 0.671 ACRES, MORE OR LESS. The some Is hereby closed for public use as a sanitary sewer easement. ON . AI ordinances or Parts of ordinances in conflict with this ordinance are hereby expressly repealed. SE_ CTION 3, or ordinance centre or Paris of ordinances In extent with this ordinance are hereby repealed to the extent of the con- flict only. SECTION 4. If any Part or Parts of this ordinance are deemed uncon. stitutlonol, Invalid or Ineffective, the remaining portion shall trot be offected but shall remain In full force and ef. fect. SECTION S. Tae provisions of this ordinance shall became effective thirty (30) days from the sate of final Passage as provid- ed by state low. 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 16th day of January, 2018. /s/ Lyndell Dunn, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED AS TO FORM: /ar Julie Lombardi, City Attorney Proof of Publication I, of lawful age, being duly swom, 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 Ov142018 Newspaper reference: 0000451211 Legal Representative Sworn to and subscribed before me this date: Notary Public My Commission expires: a a mo NOTARY PUBLIC -STATE OF OKLAHOMA COMM. Exit NANCY CAROL MOORE 1z•oa -2Big COMMISSIONt06011684 TULSA COUNTY RFAL People • ftE11LCharac[e, • RF11L Community TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Utility Easement Closures - Mingo Crossing DATE: January 12, 2018 BACKGROUND: APPROVED BY COUNCIL JAN 16 2018 The Community Development Department received a utility easement closure request for property located approximately one - quarter mile south of the intersection of E 106th St N and N Mingo Rd. The property was annexed in September 2017 with Ordinance 1108, and OPUD 17 -02 for a single- family residential subdivision called Mingo Crossing was approved for the property in October 2017. Two (2) easements are requested to be closed: a twenty (20) foot permanent sanitary sewer easement and a fifty (50) foot temporary construction easement. Both of these easements follow the same path across the subject property. The easements are no longer necessary as the Mingo Crossing development will realign the sewer lines in the area. The subject easements were originally filed in 2008, in Tulsa County. Typically easements are assigned one document number when filed in the County. In this case, each of the two (2) subject easements had two (2) document numbers assigned to it. This is because there were two (2) trustees for the property, and they each signed paperwork dedicating the easements to the City of Owasso on different days in different counties in Texas. The document numbers for the temporary construction easement are 2008030912 and 2008030913. The document numbers for the permanent sanitary sewer easement are 2008030914 and 2008030915. Staff has determined that the legal descriptions between the documents that reference the some easement are identical. Therefore, while there are four (4) County documents referenced in this utility easement closure request, there are only (2) easements that are the subject of this case. The temporary construction easement was established "for a period of not more than 12 months after the accepted completion of the sanitary sewer line by the City of Owasso." Once the sanitary sewer line was constructed and completed, the temporary construction easement would have become null and void, leaving the permanent sanitary sewer easement in place over the sewer line. However, construction of the sanitary sewer line never occurred, therefore, the temporary construction easement still exists on the property, along with the underlying permanent easement. A closure and vacation process needs to occur to ensure that these two (2) easements are completely removed from the books. Staff sent notification of the proposed easement closures to adjacent property owners on December 15, 2017. As of the writing of this memo, staff has not received any comments or questions from the public. TECHNICAL ADVISORY COMMITTEE: No comments or concerns were voiced at the Technical Advisory Committee meeting on December 20, 2017. PROPOSED ACTION: Staff recommends approval of Ordinance 1122, closing the subject easements. ATTACHMENTS: Ordinance 1122 Legal Exhibits Aerial Map