HomeMy WebLinkAbout1164_Utility Easement Closure_502 E 76th St NTulsa County Clerk - Michael Willis
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'—[IT Ur VVVA"O, OKLAHOMA
ORDINANCE 1164
AN ORDINANCE CLOSING TO THE PUBLIC USE TWO (2) UTLITY EASEMENTS LOCATED
IN THE NORTHWEST QUARTER (NW /4) OF THE NORTHEAST QUARTER (NE /4) OF THE
NORTHEAST QUARTER (NE /4) OF SECTION THIRTY -ONE (31), T -21 -N, R -14 -E OF THE
1.B.&M., TULSA COUNTY, STATE OF OKLAHOMA, OWASSO, OKLAHOMA,
REFERENCING FILED PLAT NUMBER 4204
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to
close to the public use, the 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.
ALL THAT PART OF LOT 2, BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT # 42413,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/8" IRON BAR MARKING THE NORTHWEST CORNER OF LOT 2,
BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT # 42413; THENCE
N88 029'48 "E, 187.17 FEET TO A 3/8" IRON BAR WITH CAP #4502 MARKING THE
NORTHEAST CORNER OF THE TRACT; THENCE SO1 °30'12 "E, 20.00 FEET; THENCE
S88 029'48 "W, 187.10 FEET; THENCE NO1 °43'14 "W, 20.00 FEET TO THE POINT OF
BEGINNING. CONTAINING 3743 SQUARE FEET MORE OR LESS.
AND
ALL THAT PART OF LOT 2, BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT # 42413,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/8" IRON BAR MARKING THE NORTHWEST CORNER OF LOT 2,
BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT # 42413; THENCE
N88 029'48 "E, 15.00 FEET;
THENCE SO 043'1 4"E, 124.96 FEET; THENCE S88030'1 O"W, 15.00 FEET TO A CHISELED
CROSS IN CONCRETE MARKING THE SOUTHWEST CORNER OF THE TRACT; THENCE
NO1 043'14 "W, 124.96 FEET TO THE POINT OF BEGINNING. CONTAINING 3743
SQUARE FEET MORE OR LESS.
The same is 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repealed.
Ordinance 1164
Page 1 of 6
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All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the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 S.
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 by the City Council of the City of Owasso, Oklahoma on the 191h day of
May, 2020.
aaAUtrq�
CITY O ,e'Ii,� Chris elley, ayor
ATTE 48 %O��i
AL 90
(SEAL)
APPROVED as to form and legality this ZI s1- day of Mq v , 2020.
j_
Julie r bardi, City Attorney
Ordinance 1164
Page 2 of 6
Utility Easement Vacation Instrument #42413
All that part of Lot 2, Block 2 of Owasso Business Park Plat # 4204, Instrument #
42413, more particularly described as follows:
Beginning at a 3/8" Iron Bar marking the Northwest corner of Lot 2, Block 2 of
Owasso Business Park Plat # 4204, Instrument # 42413;
Thence N88 °29'48 "E, 15.00 feet;
Thence S01 043'14 "E, 124.96 feet;
Thence S88 030'10 "W, 15.00 feet to a chiseled cross in concrete marking the
southwest corner of the tract;
Thence N01 °43'14 "W, 124.96 feet to the point of beginning.
Containing 1874 square feet more or less.
Ordinance 1164
page 3 of 6
i POB
3/8" Iron Bar NW Corner Lot 2
Block 2 of Owasso Business Park
Plat #4204, Instrument #42413
N88'29'48 "E
15.00'
OWNER
0' 10' 20' ASAP ENERGY, INC.
502 E. 2ND STREET
SCALE IN FEET Lot 2 Block 2 of Owasso Business
Park Plat #4204, Instrument #42413
m
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3 W EX. 15.00' PLATTED
UTILITY EASEMENT
�11� INSTRUMENT #42413
z " TO BE VACATED
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—1 15.00'
S88'30'1 0 "W
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FOUND CHISELED "X" IN CONCRETE;
x MONUMENT SUBSTANDARD,
M SET MAG NAIL IN "X"
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This sketch is not a boundary survey. It is intended to
show the configuration of a proposed easement. It
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should not be used to locate property lines and does not
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meet the Standards for Property Boundary Surveys.
OLSSON- SURVEY
OKLAHOMA CERTIFICATE OF AUTHORITY 114483
PROJECTNO: 019 -3494
KUM & GO #1858
502 E. 2ND AVENUE
702 S. Main Street
�� Joplin, MO 64801
TEl 417.781.0643
EXHIBIT
DRAWN BY: DVH
B
DATE: 03.12.2020
Ordinance 1164
page 4 of 6
Mg - IT OT FOP
Utility Easement Vacation Instrument #42413
All that part of Lot 2, Block 2 of Owasso Business Park Plat # 4204, instrument #
42413, more particularly described as follows:
Beginning at a 3/8" Iron Bar marking the Northwest corner of Lot 2, Block 2 of
Owasso Business Park Plat # 4204, Instrument # 42413;
Thence N88 °29'48 "E, 187.17 feet to a 3/8" Iron Bar with Cap #4502 marking the
northeast corner of the tract;
Thence S01039'34 "E, 20.00 feet;
Thence S88 °29'48 "W, 187.15 feet;
Thence N01 043'14 "W, 20.00 feet to the point of beginning.
Containing 3743 square feet more or less.
Ordinance 1164
page 5 of 6
a
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3
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0
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0' 15' 30'
SCALE IN FEET POB
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0
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3/8 Iron Bar NW Corner Lot 2
Block 2 of Owasso Business Park
Plat #4204, Instrument #42413 3/8" Iron Bar I
1
N88'29'48 "E 187.17' _
EX. 20.00' PLATTE
UTILITY EASEMENT I c
tM p ( INSTRUMENT #42413 TO BE a
a N VACATED T
S88'29'48 "W 187.15'
OWNER
ASAP ENERGY, INC.
' 502 E. 2ND STREET
Lot 2 Block 2 of Owasso Business
Park Plat #4204, Instrument #42413
EX. 15.00' PLATTED
UTILITY EASEMENT
INSTRUMENT #42413
TO BE VACATED
FOUND CHISELED "X° IN CONCRETE:
MONUMENT SUBSTANDARD,
SET MAG NAIL IN "X"
M
_N
M
This sketch is not a boundary survey. It is Intended to
show the configuration of o proposed easement. It
3 <
should not be used to locate property lines and does not
0 o
meet the Standards for Property Boundary Surveys.
OLSSON.sURVEY
PROJECT 019 -3494
OKLAHOMA CERTIFICATE OF
AUTHORITY #2483
.fy
KUM & GO #1858
702 S. Main Street
EXHIBIT
DRAWN BY:
: DVH
502 E. 2ND AVENUE
'�
Joplin, MO 64801
DATE:
03.12.2020
TEL 417.781.0643
1 B
Ordinance 1164
page 6 of 6
Zeeld
y
Group
ar►
CITY OF OWASSOILEGALS
Attn Julie Stevens
PO BOX 180
OWASSO, OK 74055
Owasso Reporter • Sand Springs Leader
Skiatook Journal
Wagoner County American- Tribune
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
rAccount Number
1015023
F Date
May 27, 2020
Dale Category Description Ad Size Total Cost
05/2712020 Legal Notices ORDIN 1164 2 x 79.00 CL 101.12
649748
Published In the Owosso Reporter, Owasso, Tulsa County,
Oklahoma, May 27, 2020
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1164
AN ORDINANCE CLOSING TO THE PUBLIC USE TWO
(2) UTLITY EASEMENTS LOCATED IN THE NORTH-
City of Owasso, Oklahoma, has deemed
expedient to close to the public use, the
herein attached as Exhibits "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 cam
filet.
BAR
Bus -
MORE
Affidavit of Publication
I, Df d4l, Dtwrta t t of lawful age, being duly
sworn, am a legal representafte 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 theDATE(S) LISTED BELOW
THE 05/27/2020
wAS.
NIT
yg6 Newspaper reference: 11000644748
RTH-
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ORE t (inn
Bust- Legal Representativk
MORE
THENCE S01 °43'14 "E, 124.96 FEET: THENCE
S811°30.10 "W, 15.00 FEET TO A CHISELED CROSS IN
CONCRETE MARKING THE SOUTHWEST CORNER OF
THE TRACT: THENCE N01 °43114 "W, 124.% FEET TO
THE POINT OF BEGINNING. CONTAINING 3743
SQUARE FEET MORE OR LESS.
The some Is hereby closed for public use as utility ease-
ments.
SECTION 2.
All ordinances or Pans of ordinances in canflict with this or.
dinance are hereby expressly repealed.
SECTION 3.
All ordinances or Parts of ordinances In conflict with this or.
dlnonce are hereby repealed to the extent of the conflict only.
SECTION 4.
If any Part or Parts of this ordinance are deemed unconslNu•
clonal, Invalid or Ineffective, the remaining Portion shall not
be affected but shot] remain In full force and effect.
SECTION 5
The Provisions of this ordinance shall become effective thirty
(30) don from the date of fln.1 Passage as Provided by state
law.
SECTION 6.
There shall be Bled In the office of the County Clerk of Tulsa
County, Oklahoma, a true and correct copy of this Ordinance.
PASSED and Approved by the City Council of the City of
Owasso, Oklahoma on the 19th day of May. 2020. Ist Chris
Kelley, Mayor
ATTEST: Is/ Chris Garrett, Deputy City Clerk
APPROVED as to form and legality this 19th day of May,
2020 Isl Julie Lombardi, City Attorney
Sworn to and subscribed before me this date:
Notary Publii
My ComI N sxT es4 _-7 — �4 ------ I s
VALERIE Notary R
I
SEAL Notary Public
1 a �. State of Oklahoma ;
_ Cc imisslon #20003824 Exp: 041071241
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
APPROVED BY COUNCIL
MAY 19 2020
The Honorable Mayor and City Council
Karl Fritschen RLA, AICP
Planning Manager
Ordinance 1164 and Ordinance 1165, Utility and Street Easement Closure Request
May 15, 2020
The City of Owasso received a request from Kum and Go for the closing of three (3) easements
located and described as follows:
CLOSURE OF A 20' UTILITY EASEMENT (Ordinance 1 164)
A total of 3,743 square feet of the 20' utility easement on Lot 2, Block 2, Owasso Business Park.
The property location is the 502 East 2nd Avenue (502 East 761h Street North), Owasso, Oklahoma.
CLOSURE OF A 15' UTILITY EASEMENT (Ordinance 1164)
A total of 124.96 square feet of the 15' utility easement on Lot 2, Block 2, Owasso Business Park.
The property location is the 502 East 2nd Avenue (502 East 76th Street North), Owasso, Oklahoma.
CLOSURE OF A 7.56' STREET EASEMENT (Ordinance 11651
A total of 945 square feet of the 7.56' street easement on Lot 2, Block 2, Owasso Business Park.
The property location is the 502 East 2nd Avenue (502 East 761h Street North), Owasso, Oklahoma.
The subject easements are located on the recently approved Replat of Lot 2 Block 2, Owasso
Business Park Kum and Go # 1858 for a new Kum and Go store located at 502 East 2nd Avenue (502
East 76th Street North). During the course of the platting of this property, half of which was unplatted,
it was discovered that there were old easements recorded by separate instrument that serviced the
property. The applicant has determined that these easements are unnecessary or redundant and
no longer needed. Further, removing the easements from the books ensures clear title to the
property.
All required notices were sent to all franchise holders and utility companies. The City of Owasso
Public Works Department was also contacted regarding the closing of the portion of the easement
and indicated there should be no impact to future utilities. No other utilities appear to be affected
by the closing of these portions of each easement. No utility company expressed an issue with the
proposed closing of the easement.
Should the City Council approve to close these easements, the applicant will need to take them to
District Court and file for vacation of the easements, which will completely remove them from the
books.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the request at their April 15, 2020, meeting. No
comments or concerns regarding negative impacts to utilities were expressed at the meeting.
Easement closures
Kum and Go
Page 2 of 2
RECOMMENDATION:
Staff recommends adoption Ordinance 1164 and Ordinance 1165.
ATTACHMENTS:
Aerial Map
Ordinance 1164
Ordinance 1165