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HomeMy WebLinkAbout1169_Waterline Easement Closure_Rejoice Christian Campusc� $ Tulsa County Clerk - Michael Willis Doc q 2020058687 Page(s): 5 s:: 7 06/25/2020 04:10:40 PM �. Receipt 9 20 -37068 �htgHOMP Fee: $ 26.00 GAIT Ut UWASSO, OKLAHOMA ORDINANCE 1169 AN ORDINANCE CLOSING TO THE PUBLIC USE ONE (1) UTLITY EASEMENT LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION NINE (9) TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, OWASSO, OKLAHOMA, REFERENCING FILED PLAT NUMBER 6622 WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use, the utility easements 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 LOT 1, BLOCK 1 OF REJOICE CHRISTIAN CAMPUS PLAT # 6622 COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF REJOICE CHRISTIAN CAMPUS; THENCE ALONG THE SAID EAST LINE OF LOT 1, BLOCK 1 S01 017'59 "E FOR A DISTANCE OF 888.06 FEET; THENCE S03 013'14 "W FOR A DISTANCE OF 271.11 FEET; THENCE N89 059'58 "W FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE S88 °52'04 "W FOR A DISTANCE OF 350.13 FEET; THENCE S01 007'56 "E FOR A DISTANCE OF 20.00 FEET; THENCE N88 052'04 "E FOR A DISTANCE OF 348.58 FEET; THENCE NO3 017'05 "E FOR A DISTANCE OF 20.06 FEET TO THE POINT OF BEGINNING. AREA CONTAINING 0.16 ACRES, 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 All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. 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 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only.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. Ordinance 1169 Page 1 of 5 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 ADOPTED by the City Council of the City of Owasso, Oklahoma on the 161h day of June,2020. (SEAL) or Bill Bush, Mayor APPROVED as to form and legality this � day of dQ #J Q , 2020. Julie mbardi, City Attorney Ordinance 1169 Page 2 of 5 BENNETT If.' SURVEY[G, INC. EXHIBIT "A" VACATED UTILITY EASEMENT LEGAL DESCRIPTION A TRACT OF LAND THAT IS IN THE SOUTHWEST QUARTER OF SECTION NINE (9) TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF REJOICE CHRISTIAN CAMPUS; THENCE ALONG THE SAID EAST LINE OF LOT 1, BLOCK 1 S01 °17'59 "E FOR A DISTANCE OF 888.06 FEET, THENCE S03-13' 14"W FOR A DISTANCE OF 271.11 FEET; THENCE N89 059'58 "W FOR A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE S88 052'04 "W FOR A DISTANCE OF 350.13 FEET; THENCE S01 °07'56 "E FOR A DISTANCE OF 20.00 FEET; THENCE N88 °52'04 "E FOR A DISTANCE OF 348.58 FEET; THENCE NO3 °17'05 "E FOR A DISTANCE OF 20.06 FEET TO THE POINT OF BEGINNING. AREA CONTAINING 0.16 ACRES, MORE OR LESS. SURVEYOR'S CERTIFICATE 1, CLIFF BENNETT OF BENNETT SURVEYING, INC., CERTIFY THAT THE LEGAL DESCRIPTION HEREON CLOSES IN ACCORDANCE WITH CURRENT TOLERANCES AND IS A TRUE REPRESENTATION OF THE REAL PROPERTY DESCRIBED, AND THAT THE SURVEY OF THE REAL PROPERTY MEETS THE MINIMUM TECHNICAL STANDARDS AS ADOPTED BY THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR THE STATE OF OKLAHOMA. WITNESS MY HAND AND SEAL THIS 29TH DAY OF APRIL, 2020. Ordinance 1169 Page 3 of 5 PAGE I OF 2 t' r CLIFF 9d CLIFF BENNETT, PLS BENNETT OKLAHOMA NO. 1815 CERT. OF AUTH. NO. 4502 1815 ti� EXP. DATE JUNE 30, 2020 Ordinance 1169 Page 3 of 5 PAGE I OF 2 EXHIBIT "A" VACATED UTILITY EASEMENT Page 2 of 2 R 14 E East 116th Street North c c T d d 21 �r w w L 9 ra N � N N Q r �- Scale: 1 " =80' Z SUBJECT Z SITE 0 200 400 800 East 106th Street North Location Map NOT TO SCALE P.O.C. 1\J NE CORNER OF LOT ONE. BLOCK ONE OF REJOICE CHRISTIAN CAMPUS 501'17SB amoer CONTAINING •.�. 4 0.16 ACRE I i SO4 — P.0.8. F s SST NU3'17_'05 !I N865 N�EJ �ft ement To � •W � Be Closed I I 4 FILE: 192491 LG -2A Notes e 1. THE BEARING BASE FOR THIS EXHIBIT IS BASED ON THE EAST LINE �� OF LOT ONE, BLOCK ONE, OF REJOICE CHRISTIAN CAMPUS, SEC. 9 _ Npl.1 I1 �V ETT T -21 —N, R -14 —E AS 501'17'59 "E. SURVEYING, INC. 2. SEE EXHIBIT "A" PAGE 1 FOR LEGAL DESCRIPTION AND SURVEYOR'S P.D. BOX fire, OHOUTFAU, OK 74337 CERTIFICATE. PHONE (915) 476 -7484 FAX (618) 476 -7465 C.A. N0-- 4502 EW. DATE 6/30/20 Ordinance 1169 Page 4 of 5 North: 484648.6103' East; 2610072.1194' Segment #1 : Line Course: S88 °52'04 "W Length: 350.13' North: 484641.6918' East: 2609722.0578' Segment #2 : Line Course: S01 007'56 "E Length:20.00' North: 484621.6957' East: 2609722.4530' Segment #3 : Line Course: N88 °52'04"E Length: 348.58' North: 484628.5836' East: 2610070.9649' Segment 44 : Line Course:NO3 °17'05 "E Length: 20.06' North: 484648.6106' East: 2610072.1143' Perimeter: 738.77' Area: 0.l6acres Error Closure: 0.0051 Course: N86 024'04 "W Error North: 0.00032 East: - 0.00511 Precision 1:144856.86 Ordinance 1169 Page 5 of 5 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 CITY OF OWASSO /LEGALS Date Attn Julie Stevens PO BOX 180 August 05, 2020 OWASSO, OK 74055 Date Category Description Ad Size Total Cost 08/0512020 Legal Notices ORDINANCE 1169/MAP 2 x 66.00 CL 126.72 656875 Published In the Owasso Retorter, Owasso, Tulsa County, Oklahoma, August 5, 20220 CITY OF OWASSO, OKLAHOMA ORDINANCE 1169 AN ORDINANCE CLOSING TO THE PUBLIC USE ONE `19L CAOI OF 711E INDIAN BASE AND MERIDIAN, TUSA COUNTY, STATE OF OKLAHOMA, OWASSO, OKLAHOMA, REFERENCING FILED PLAT NUMBER 6622 WHEREAS, the City of Owasso, Oklahoma, has deemed It necessary and expedient to close to the public use, the utility easements 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 COUN. CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. ALL THAT PART OF LOT 1, BLOCK 1 OF REJOICE CHRIS- TIAN CAMPUS PLAT 86622 COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1 OF REJOICE CHRISTIAN CAMPUS rl POINT 20.00 FEET; THENCE N8r5Y04"E FOR A. DISTANCE OF 348.58 FEET; THENCE NO3 °17'05 "E FOR A DIS. TANCE OF 20.06 FEET TO THE POINT OF BEGIN. NING. AREA CONTAINING 0.16 ACRES, MORE OR LESS. Ie same is hereby closed far public use as utility ease- races or parts of ordinances In conflict with this or- re hereby expressly repealed. 3, races or Parts of ordinances In conflict with this or. re hereby repealed to the extent of the conflict only. C T or parts of this ordinance are deemed unconstlfu- ,alid or Ineffective, Me remaining Portion shall not d but shall remain In full farce and effect. 5, slurs of this ordinance shall become effective thirty from the date of final Passage us provided by state e shall be filed in the office of the County Clerk of Tulsa ty, Oklahoma, a true and correct copy of this Ordinance. SEO and ADOPTED by the City Council of the CRY of no, Oklahamo an this 16th day of June, 2020. II Bush, Mayor EST: /s/Jullann M. Stevens, City Clerk IG91nm -r VACATE. UTPUTY yAscuvrr EE k°.6- Affidavit of Publication I, arion0 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 08/05/2020 Newspaper reference: 0000656875 Legal Representative Sworn to and subscribed before me this date: Notary Public / My Commission expires: 4— -,� _______ i tSEA } ._VALcRic L. PRAYTOR i I ' Notary Public ' Staie of Oklahoma t Commission #2:*003824 F_xp; 04/071241 __________________________ (ntooq�5-5 V TO: FROM: SUBJECT: DATE: BACKGROUND: APPROVED BY COUNCIL JUN 16 2020 The Honorable Mayor and City Council Karl Fritschen RLA, AICP Planning Manager Ordinance 1169, Waterline Easement Closure Rejoice Christian Campus June 12, 2020 The City of Owasso received a request from Rejoice Christian School for the closing of a waterline easement as described on plat 6622, Rejoice Christian Campus. The easement is more particularly described as: A total of 7,320 square feet of the 20' waterline easement on Lot 1, Block 1, of Rejoice Christian Campus. The property location is the 13407 E 106 +h St No, Owasso, Oklahoma. The subject easement is located on the Rejoice Christian School Campus underneath the proposed new sports fieldhouse. The waterline within the easement will be relocated to another easement on the property that will be recorded by separate instrument. The water provider in this location is Washington County Rural #3. Because the plat was approved by the City Council, with all the original easements, any closure requests that affect the approved plat regardless of the utility provider requires City Council action. The applicant has determined this easement will interfere with the construction of the new fieldhouse. All required notices were sent to all franchise holders and utility companies. The City of Owasso Public Works Department was contacted regarding the closing of the easement, and had no comment since the City does not serve water in this area. No other utilities appear to be affected by the closing of this easement. Should the City Council approve to close this easement, the applicant will need to file for vacation of the easement with the District Court to completely remove it from the books. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request at their May 20, 2020, meeting. No comments or concerns regarding negative impacts to utilities were expressed at the meeting. RECOMMEDATION: Staff recommends adoption of Ordinance 1169, closing to the public use the waterline easement. ATTACHMENTS: Ordinance 1169 Current and Proposed Easement Locations