HomeMy WebLinkAbout1165_Street Easement Closure_502 E 76th St NTulsa County Clerk - Michael Willis
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ORDINANCE 1165
AN ORDINANCE CLOSING TO THE PUBLIC A ROADWAY EASEMENT 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 (BOOK 4600, PAGE
1025)
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and
expedient to close to the public use, a portion of a roadway easement herein
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.
ALL THAT PART OF THE NORTHWEST QUARTER (NW1 /4) OF THE NORTHEAST QUARTER
(NE1 /4) OF THE NORTHEAST QUARTER (NEl /4) OF SECTION 31, TOWNSHIP 21 NORTH,
RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, CITY OF OWASSO, TULSA COUNTY,
OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 3/8" IRON BAR MARKING THE NORTHWEST CORNER
OF LOT 2, BLOCK 2 OF OWASSO BUSINESS PARK PLAT # 4204, INSTRUMENT If
42413, THENCE S88 029'48 "W, 5.31 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING S88 029'48 "W, 7.56 FEET TO A MAG NAIL MARKING
THE SOUTHWEST CORNER OF THE TRACT; THENCE NOl *37'1 6"W, 124.99 FEET
TO A 3/8" IRON BAR MARKING THE NORTHWEST CORNER OF THE TRACT;
THENCE N88 030'00 "E, 7.56 FEET; THENCE SO1 °37'16 "E, 124.99 FEET TO THE
POINT OF BEGINNING. CONTAINING 945 SQUARE FEET MORE OR LESS.
The same is hereby closed for public use as roadway 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repealed.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All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed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.
Ordinance 1165
Page 1 of 4
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 by the City Council of the City of
day of May, 2020.
% % % C1TYt0 "411 Chris
L o
(SEAL)
Oklahoma on the 19th
Mayor
APPROVED as to form and legality this Z )'� day of - o , , 2020.
t u
Julie L bardi, City Attorney
Ordinance 1165
Page 2 of 4
Street Easement Vacation Book 4600, Page 1025
All that part of the Northwest Quarter (NWl /4) of the Northeast Quarter (NE1 /4)
of the Northeast Quarter (NE1 /4) of Section 31, Township 21 North, Range 14
East of the Indian Base and Meridian, City of Owasso, Tulsa County, Oklahoma
more particularly described as follows:
Commencing at a 3/8" Iron Bar marking the Northwest corner of Lot 2, Block 2 of
Owasso Business Park Plat # 4204, Instrument # 42413,
Thence S88 029'48 "W, 5.31 feet to the point of beginning;
Thence continuing S88 °29'48 "W, 7.56 feet to a Mag Nail marking the Southwest
Corner of the tract;
Thence N01 °37'16 "W, 124.99 feet to a 3/8" Iron Bar marking the Northwest
Corner of the tract;
Thence N88 °30'00 "E, 7.56 feet;
Thence S01 °37'16 "E, 124.99 feet to the point of beginning.
Containing 945 square feet more or less.
Ordinance 1165
page 3 of 4
3/8" Iron Bc
J
3
m
� 0' 10' 20' 1.
N
SCALE IN FEET z
This sketch Is not a boundary survey. It is intended to
w
show the configuration of a proposed easement. it
a O
should not be used to locate property lines and does not
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0 �j
meet the Standards for Property Boundary Surveys.
N
O
OnAHOW CERTIHCATE OF AUTHORITY 02483
PROJECT NO: 019.3494
KUM & GO #1858
702 S. Main Street
EXHIBIT
DRAWN BY: DVH
� Q
ilsson
DATE:
S88'29'48 "W 7.51
S88'29'48 "W
E. 76TH STREET N.
OWNER
ASAP ENERGY, INC.
502 E. 260 AVE. S.
EX. 7.56' STREET EASEMENT
BOOK 4600, PAGE 1025
(TO BE VACATED)
W9
POC
3/8" Iron Bar NW Corner Lot 2
Block 2 of Owasso Business Park
Plat #4204, Instrument #42413
I
Lot 2 Block 2 of Owosso Business
Pork Plat #4204, Instrument #42413
mN
N
4
This sketch Is not a boundary survey. It is intended to
show the configuration of a proposed easement. it
i4
should not be used to locate property lines and does not
o a
meet the Standards for Property Boundary Surveys.
OLSSON.suRVEY
OnAHOW CERTIHCATE OF AUTHORITY 02483
PROJECT NO: 019.3494
KUM & GO #1858
702 S. Main Street
EXHIBIT
DRAWN BY: DVH
ilsson
DATE:
502 E. 2ND AVENUE
TEL 41 7.0
7810643
Q
03.12.2020
Ordinance 1165
page 4 of 4
I'
Weekly
Group
CITY OF OWASSOILEGALS
Attn Julie Stevens
PO SOX 180
OWASSO, OK 74055
Owasso Reporter • Sand Springs Leader
Sklatook Journal
Wagoner County American- Tribune
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1015023
Date
May 27, 2020
Date Category Description Ad Size Total Cost
05/27/2020 Legal Notices ORDINANCE 1165 2 x 69.00 CL 88.32
Affidavit of Publication
614749 I, Oi of lawful age, being duly
Published In the Owasso Reporter, Owosso, Tulsa County,
Oklahoma, May 27, 2020 sworn, am a legal representative f the Owasso Reporter of Owasso,
CITY OF OWASSO, OKLAHOMA
ORDINANCE 110 Oklahoma, a weekly newspaper of general circulation in Tulsa
AN ORDINANCE CLOSING TO THE PUBLIC A ROAD-
WAY EASEMENT LOCATED IN THE NORTHWEST County, Oklahoma, a legal newspaper qualified to publish legal
(NEA) OF THE NORTHEAST QUARTER (NE14) OF
notices, as defined in 25 O.S. § 106 as amended, and thereafter, and
SECTION THIRTY -ONE (31), T -21 -1,1, R -14-E OF THE
I.B.BM., TULSA COUNTY, STATE OF OKLAHOMA,
OWASSO, OKLAHOMA, REFERENCING FILED PLAT
complies Il with all other requirements
corn p of the laws of Oklahoma with
NUMBER 0204 (BOOK 4600, PAGE 1025)
VALERIE L PRAYTOR
WHEREAS, the City of Owasso, Oklahoma, has deemed it
reference to legal publication. That said notice, a true copy of which
necessary and expedient to close to the public use, a portion
WHEREAS,, the City of Owasso retains a absolute a right to
is attached hereto, was published in the regular edition of said
O0d
o
re=ling all ordinances pans of ordinances In co0nnfliicct.
newspaper during the period and time of publication and not in a
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF SECTIOCITY . OF owasso, OKLAHOMA, THAT TO WIT-.
supplement, on the DATE(S) LISTED BELOW
05/27/3020
A 3A' IRON BAR MARKING THE N
IER OF LOT 2. BLOCK 2 nF Newspaper p' p er reference: 0000644749
IAININ° vas N,IUAKE FEET MORE OR LESS.
The some Is hereby closed for public use as roadway ease-
inces or parts of ordinances In conflict with this or-
re hereby expressly repealed.
3.
men or parts of ordinances In conflict with this or.
re hereby repealed to the extent of the conflict only.
4.
Y or parts of this ordinance are deemed uncomtltu.
alid or ineffective, the remaining Portion shall not
d but shall remain In full force and effect.
s.
slops of this ordinance shall became effective thirty
from the date of final Passage as Provided by state
filed In the office of the County Clerk of Tulsa
ma, a true and correct copy of this Ordinance.
PASSED and Approved by the City Council of the City of
OWOSSO, Oklahoma on the 19th day of May, 2020. M Chris
Kelley, Mayor
ATTEST: A/ Chris GarreH, Deputy City Clerk
APPROVED as to form and legality this 19th day of May,
2020 /s/ JUl le Lombardi, City Attorney
Legal Representative
Sworn to and subscribed before me this date:
MAY 2 8 2028
Y�
Notary Publi
My COMMISSIOnexplrYS:
M
VALERIE L PRAYTOR
1
LS
Notary Public I
State I
of Oklahoma
;- Commission #20003824 Exp: 04!07124;
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