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Home My WebLink About1163_Utility Easement Closure_11426 N 134th East AvenueTulsa County Clerk - Michael Willis Doe # 2020027722 Page(s): 3 03/26/2020 10:56:56 AM �L ",•' Receipt p 20 -17043 �kGgHOMP Fee: $ 22.00 un T ur vwASSO, OKLAHOMA ORDINANCE 1163 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTLITY EASEMENT LOCATED IN THE GENERAL LOCATION OF 11426 NORTH 134TH EAST AVENUE, TULSA COUNTY, STATE OF OKLAHOMA, OWASSO, OKLAHOMA, ACCORDING TO THE RECORD PLAT NO. 6801 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 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 LOCATED IN THE NW /4 OF SECTION 9, 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 NORTHEAST CORNER OF SAID LOT ONE (1) BLOCK TWO (2) RE -PLAT GARRETT CENTER PHASE II; THENCE S53 015'46 "W AND ALONG NORTH LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 310.21 FEET; THENCE S36 °44'14 "E FOR A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S36 °44' 14 "E FOR A DISTANCE OF 2.00 FEET; THENCE S53 015'46 "W FOR A DISTANCE OF 83.00 FEET; THENCE N36 °44' 14 "W FOR A DISTANCE OF 2.00 FEET; THENCE N53 015'46 "E FOR A DISTANCE OF 83.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 166 SQUARE FEET OR 0.0037 ACRES MORE OR LESS. THE GENERAL LOCATION IS 11426 N 134TH E AVENUE. The some 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 All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed.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 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only.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 1163 Page 2 of 3 Mayor March, 2020 Legal Description The Shops at Garrett Creek 1 NORTHEAST CORNER OF a.- LOT ONE BLOCK TWO RE —PLAT ' X11 LOT 2, BLOCK 1 GARREIT ?` CREEK CENTER PHASE II (POINT OF COMMENCEMENT) / ta OL Site of Easement �klr,� Closure S36'4- 4'14 "E ` \� ��l Z POINT OF BEGINNING /33.00' ��Zs�fj�SL ` c� 1 in N53' 15'46 "E f \ , " 83.00' �\ S36 44 14 E ,c.� , ,e 2.00' '''`'r I 166 SQ. FT. 010 1 46' MUTUAL an 0.00 ACRES± ACCESS EASEMENT I S53' 15'46 "W 83 OQ I op Aerial Photo The Shops at Garrett Creek E 116TH St N 00, —W It . . . . . . . . . . A SUBJECT PROPERTY yy 0 'k 44 A Location of Easement Weekly Group CITY OF OWASSO /LEGALS Aftn Julie Stevens PO BOX 160 OWASSO, OK 74055 Owasso Reporter' Sand Springs Leader Skiatook Journal Wagoner County Amedcan- Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date April 01, 2020 Date Category Description Ad Size Total Cost 04/01/2020 Legal Notices ORDINANCE 1163 86600 Published in the Owasso Reporter, Owasso, Tulsa Count. the, Oklahoma, April 1, 1020. CITY OF OWASSO, OKLAHOMA ORDINANCE 1163 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN THE GENERAL LOCATION OF 11426 NORTH 134TH EAST AVENUE, TULSA COUNTY, STATE OF OKLAHO- MA, OWASSO, OKLAHOMA, ACCORDING TO THE RE- CORD PLAT NO. 61141 WHEREAS, the City of Owasso, Oklahana, has deemed it necessary and expedient to close to the public use a portion of a certain public utility easement attached as Exhibit 'A-; and, WHEREAS, the City of Owasso retains the absolute right to reopen the $ame without expense to the municipality, and repealing all ordinances or parts of ordinances in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUN. CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A TRACT OF LAND LOCATED IN THE NW 14 OF SECTION 9, T -21 -N. R -14 -F nF THE I R Ala. TIII ss ER OF r GAR - N AND FORA 44' 14' 1 THE bWUARE FEET OR 0.0037 ACRES MORE OR LESS. THE GENERAL LOCATION IS 11426 N 134TH E AVE- NUE. The same Is hereby closed for public use as a util- Ity easement. with this Ices or Parts of ordinances in conflict with this are hereby repealed to the extent of the Can- of this ordinance are deemed uncon- ,r Ineffective, the remaining Portion but shall remain in full force and at. of this ordinance shall become effective from the date of final Passage as Provid- be filed in the office of the County Clerk of r, Oklahoma, a true and Correct copy of this ADOPTED this 17th day of March, 2020 /$/ Chris Kelly, Mayor ATTEST: /s/ Juliann M. Stevens, City Clerk APPROVED AS TO FORM - /s/ Julie Lombardi, City Attorney 96.00 Affidavit of Publication Melissa Marshall of lawful age, being duly sworn, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. 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 04/01/2020 Newspaper reference: 0000636603 Legal Representative Sworn to and subscribed before me this date: APR 0 1 2920 q��T Notary Public My Commission expires: DEC 0 8 2026 I _ti__ ____ ___________ ________ __ _ NANCY CAROL MOORS wua/ Notar y Public State Of Oklahoma ' COmmisslon # 06011684 Expires 12108/22 C9PALP .. 1. FEALC inter - PEAL COmmunity TO: FROM: SUBJECT: DATE: BACKGROUND: The Honorable Mayor and City Council Karl Fritschen RLA, AICP Planning Manager F1 ppRO eYC 1 4/211 Ordinance 1163, Partial Utility Easement Closure - 11426 North 134th East Avenue, Lot 2, Block 1 Replat of Garrett Creek Center Phase II March 13, 2020 The City of Owasso received a request from KKT Architects (20') utility easement. The location of the easement lies on Center Phase II (11426 North 134th East Avenue). An urge property. for the partial closing of a twenty -foot Lot 2, Block 1, Replat of Garrett Creek 'it care facility currently occupies this It was discovered upon completion of the urgent care facility that the building was built over the easement by approximately two feet (2'). The total area proposed to be closed is 166 square feet. The overall impact to utilities is minimal, as most appear to be away from the area requested to be closed. The required notice was sent to all franchise utility companies. The City of Owasso Public Works Department indicated there should be no impact to future utilities. No other utilities appear to be affected by the closing of this portion of the easement. No utility companies expressed issue with the proposed closing of the easement. Should the City Council take action to close the easement, the applicant would file for vacation of the easement with the District Court, which will complete the easement closure process. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request at their February 19, 2020 meeting. No comments or concerns regarding negative impacts to utilities were expressed at the meeting. RECOMMENDATION: Staff recommends adoption of Ordinance 1163. ATTACHMENTS: Ordinance 1163 Aerial map