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HomeMy WebLinkAbout1175_Utility Easement Closure_N of Lowes 12001 E 96th St N_S of Bailey Ranch Estates 11Tulsa County Clerk - Michael Willis Doc # 2021032255 Page(s): 7 03/22/2021 04:21:00 PM ;� ;•* Receipt p 21 -19152 aKtaHOMp Fee: $ 30.00 �.n r yr WWASSO, OKLAHOMA ORDINANCE 1175 AN ORDINANCE CLOSING TO THE PUBLIC TWO (2) UTLITY EASEMENTS LOCATED IN A PORTION OF LOT 1 BLOCK 1 AND LOT 1 BLOCK 2 OF OWASSO MEDICAL CAMPUS, AND ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5862 AND ACCORDING TO THE RECORDED EASEMENT IN BOOK 6541, PAGE 1560, AS FILED IN TULSA COUNTY WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of certain utility easements attached as Exhibit "A" ; and, WHEREAS, the City of Owasso retains the absolute right to reopen the some 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 that is the south 7.5' of the platted 17.5' utility easement along the north line of Lot One (1), Block One (1), Owasso Medical Campus, an addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, being more particularly described as follows: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 01 010'38" EAST ALONG THE EAST LINE THEREOF A DISTANCE OF 17.50 FEET; THENCE SOUTH 88 044'06" WEST A DISTANCE OF 17.50 FEET TO THE SOUTH LINE OF A PLATTED 17.5 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING: THENCE CONTINUING SOUTH 88 044'06" WEST ALONG SAID SOUTH LINE 306.39 FEET; THENCE NORTH 01 01727" WEST 7.50 FEET; THENCE NORTH 88 044'06" EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 306.40 FEET; THENCE SOUTH 01 010'38" EAST AND PARALLEL WITH THE EAST LINE OF SAID LOT 1 A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. Said tract of land contains 2,298.0 sq. feet or 0.05 acres. Bearings are based upon the recorded plat "Owasso Medical Campus ", Plat No. 5862, AND; A tract of land that is the south 7.5' of the platted 17.5' utility easement along the north line of the Lot One (1), Block Two (2), Owasso Medical Campus, an addition to the City of Owasso, Tulsa county, State of Oklahoma, according to the recorded plat thereof, being more particularly described as follows: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 2; THENCE SOUTH 01 010'38" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 17.50 FEET; THENCE NORTH 88 044'06" EAST A DISTANCE OF 17.50 FEET TO THE SOUTH LINE OF A PLATTED 17.5 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE NORTH 01 010'38" WEST 7.50 FEET; THENCE NORTH 88 044'06" EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF 917.12 FEET TO A POINT ON THE EAST LINE OF SAID LOT l; THENCE SOUTH 01 °15'46" EAST ALONG SAID EAST LINE 7.50 FEET; THENCE SOUTH 88 044'06" WEST ALONG THE SOUTH LINE OF SAID 17.5' UTILITY EASEMENT A DISTANCE OF 917.14 FEET TO THE POINT OF BEGINNING. Ordinance 1175 Page 1 of 7 Said track of land contains 6,878.5 sq. feet or 0.16 acres. Bearings are based upon the recorded plat "Owasso Medical Campus ", Plat No. 5862. 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. 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 March, 2021. Bill ush, mayor Ordinance 1175 2 of c C D U U D c F D C L 7.5' UTILITY EASEMENT VACATION EXHIBIT "A" PAGE 1 of 2 R 14 E EAST 106th STREET NORTH 1 SCALE: 1" =2000' P.O.B. = POINT OF BEGINNING i POINT OF COMMENCEMENT i SITE BUILDING LINE UE = LANDSCAPE EASEMENT ice_ .10610 W3r0a:0a0Eel 0 ri SECTION 17 LOCATION MAP LEGEND SCALE: 1" =2000' P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT B/L = BUILDING LINE UE = LANDSCAPE EASEMENT WE = UTILITY EASEMENT w z w Q � T a w 21 s rn N = N H fY 0 z 0 P.O. C. NE CORNER LOT 1. BLOCK 1 N 88 °44'06" E - 341.42' 7.5' N SCALE. I" =100' 50 100 FRITZ LAND SURVEYING, LLC 2017 W. 91ST STREET, TULSA, OK 74132 PH: 918.231.0575 FRITZLAN DS U RV EYI NG @GMAI L. COM C.A. # 5848 EXPIRES: 6 -30 -2022 FLS #20168 PAGE 1 OF 2 S 88 "4433" W - 308.03' 7 ti hi Ordinance 1175 Page 3 of 7 200 01 °10'38" E 17.50' S 88 044'06" W 17.50' S 01;!0'36"E 40.8 L= 36.00' R= 100.00' d =20 °3734" S 19 "2656 "W 48.12' R= 150.00' d =20 °41'57" E. 98th ST. N. LINE BEARING 17.5' U/E oU' bIL / j P.O.B.1 z W I 306.39 L2 IN 01-17-27- W 7.50 YI/ 20' UTILITY IN 88-44-06'- E 306.40 L4 DOC, #2008118038 E 7.50 � I wo Io LOT 1, BLOCK 1 � IC OWASSO MEDICAL CAMPUS Ncl m In r N I-4 m ro I I V1 O L JmVa, wo Lt — 17.5' U/E m FRITZ LAND SURVEYING, LLC 2017 W. 91ST STREET, TULSA, OK 74132 PH: 918.231.0575 FRITZLAN DS U RV EYI NG @GMAI L. COM C.A. # 5848 EXPIRES: 6 -30 -2022 FLS #20168 PAGE 1 OF 2 S 88 "4433" W - 308.03' 7 ti hi Ordinance 1175 Page 3 of 7 200 01 °10'38" E 17.50' S 88 044'06" W 17.50' S 01;!0'36"E 40.8 L= 36.00' R= 100.00' d =20 °3734" S 19 "2656 "W 48.12' R= 150.00' d =20 °41'57" E. 98th ST. N. LINE BEARING DISTANCE Lt S 88'44 O6 W I 306.39 L2 IN 01-17-27- W 7.50 L3 IN 88-44-06'- E 306.40 L4 IS 01-10-38- E 7.50 7.5' UTILITY EASEMENT VACATION EXHIBIT "A" PAGE 2 of 2 7.5' WIDE UTILITY EASEMENT VACATION LEGAL DESCRIPTION: Ordinance 1175 Page 4 of 7 A TRACT OF LAND THAT IS THE SOUTH 7.5' OF THE PLATTED 17.5' UTILITY EASEMENT ALONG THE NORTH LINE OF LOT ONE (1), BLOCK ONE (1), OWASSO MEDICAL CAMPUS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 01'10'38" EAST ALONG THE EAST LINE THEREOF A DISTANCE OF 17.50 FEET; THENCE SOUTH 88 °44'06" WEST A DISTANCE OF 17.50 FEET TO THE SOUTH LINE OF A PLATTED 17.5 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 °44'06" WEST ALONG SAID SOUTH LINE 306.39 FEET; THENCE NORTH 01 °17'27" WEST 7.50 FEET; THENCE NORTH 88 °44'06" EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 306.40 FEET; THENCE SOUTH 01 °10'38" EAST AND PARALLEL WITH THE EAST LINE OF SAID LOT 1 A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 2,298.0 SQ. FEET OR 0.05 ACRES. BEARINGS ARE BASED UPON THE RECORDED PLAT " OWASSO MEDICAL CAMPUS ", PLAT NO. 5862. SURVEYOR'S CERTIFICATION FRITZ LAND SURVEYING, LLC AND THE UNDERSIGNED PROFESSIONAL LAND SURVEYOR, UNDER CERTIFICATE OF AUTHORIZATION CA #5848, DO HEREBY STATE THAT THIS PLAT OF SURVEY IS A TRUE AND ACCURATE REPRESENTATION OF THE RECORD CONDITIONS AT THE TIME OF THE SURVEY. THIS SURVEY IS INTENDED TO ILLUSTRATE THE PROPOSED 7.5' WIDE UTILITY EASEMENT VACATION AND FEATURES OF THE PROPERTY HAVE BEEN OMITTED FOR CLARITY, THIS PLAT MEETS OR EXCEEDS THE MINIMUM TECHNICAL STANDARDS ADOPTED BY THE OKLAHOMA STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. DATE OF LAST SITE VISIT: MAY 27, 2020. BEARINGS ARE BASED UPON THE RECORDED PLAT " OWASSO MEDICAL CAMPUS ". PLAT NO. 5862. WITNESS MY HAND AND SEAL THIS 19th DAY OF JANUARY, 2021. FRITZ LAND SURVEYING, LLC 2017 W. 91ST STREET, TULSA, OK 74132 PH: 918.231.0575 FRITZLANDS URVEYING@GMAIL.COM C.A. # 5848 EXPIRES: 6 -30 -2022 FLS# 20168 PAGE 2 OF 2 ANDY FRITZ, PLS OK LIC. 1694 CA #5848 EXP. 06.30.2022 ION a ANDY w w° FRITZ 1694 vk —OkLAI-100t 7.5' UTILITY EASEMENT VACATION EXHIBIT "A" PAGE 1 of 2 R 14 E EAST 106th STREET NORTH EAST 96th STREET NORTH SECTION 17 LOCATION MAP SCALE: 1" =2000' w z w U) T Q w 21 w 55 N = N H O z 0 N SCALE. 1" =200' 100 200 Ordinance 1175 Page 5 of 7 E9111 = POINT OF BEGINNING i = POINT OF COMMENCEMENT i = BUILDING LINE i ti SITE = UTILITY EASEMENT rvi EAST 96th STREET NORTH SECTION 17 LOCATION MAP SCALE: 1" =2000' w z w U) T Q w 21 w 55 N = N H O z 0 N SCALE. 1" =200' 100 200 Ordinance 1175 Page 5 of 7 E9111 FRITZ LAND SURVEYING, LLC 2017 W. 91 ST STREET, TULSA, OK 74132 PH: 918.231.0575 FRITZLANDSURVEYING @GMAIL. COM C.A. # 5848 EXPIRES: 6 -30 -2022 FLS #20168 PAGE 1 OF 2 LEGEND P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT 1►� = BUILDING LINE UE ti U/E = UTILITY EASEMENT rvi .Z" h7 P.O.C. NW CORNER LOT 1, BLOCK 2 30' LIE 1�. N86 °44'06 -E 934.61' S 01 "1546" E ��] 88 °44'06" E 917A2' 7.50' S 88 °44'06" W 917.14' — — S01 *10'38"E -- - - - - -- 17.5/4 P.O.B. 17.5' U/E N 88 °44'06 "E / 50' B/L w 17.50' LOT 1, BLOCK 2 0 N 01 "10'38" W OWASSO MEDICAL CAMPUS ° 7.5.f1 25' B/L 17.5' U/E S 88 °4433" W 942.87' E. 98th ST. N. FRITZ LAND SURVEYING, LLC 2017 W. 91 ST STREET, TULSA, OK 74132 PH: 918.231.0575 FRITZLANDSURVEYING @GMAIL. COM C.A. # 5848 EXPIRES: 6 -30 -2022 FLS #20168 PAGE 1 OF 2 LEGEND P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT B/L = BUILDING LINE UE = LANDSCAPE EASEMENT U/E = UTILITY EASEMENT 7.5' UTILITY EASEMENT VACATION Ordinance 7175 Page 6 01 7 EXHIBIT "A" PAGE 2 of 2 7.5' WIDE UTILITY EASEMENT VACATION LEGAL DESCRIPTION: A TRACT OF LAND THAT IS THE SOUTH 7.5' OF THE PLATTED 17.5' UTILITY EASEMENT ALONG THE NORTH LINE OF LOT ONE (1), BLOCK TWO (2), OWASSO MEDICAL CAMPUS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 2; THENCE SOUTH 01 °10'38" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 17.50 FEET; THENCE NORTH 88 °44'06" EAST A DISTANCE OF 17.50 FEET TO THE SOUTH LINE OF A PLATTED 17.5 FOOT WIDE UTILITY EASEMENTAND THE POINT OF BEGINNING; THENCE NORTH 01 °10'38" WEST 7.50 FEET; THENCE NORTH 88 °44'06" EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF 917.12 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE SOUTH 01 °15'46" EAST ALONG SAID EAST LINE 7.50 FEET; THENCE SOUTH 88 °44'06" WEST ALONG THE SOUTH LINE OF SAID 17.5' UTILITY EASEMENT A DISTANCE OF 917.14 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 6,878.5 SQ. FEET OR 0.16 ACRES. BEARINGS ARE BASED UPON THE RECORDED PLAT "OWASSO MEDICAL CAMPUS ", PLAT NO. 5862. SURVEYOR'S CERTIFICATION FRITZ LAND SURVEYING, LLC AND THE UNDERSIGNED PROFESSIONAL LAND SURVEYOR, UNDER CERTIFICATE OF AUTHORIZATION CA #5848, DO HEREBY STATE THAT THIS PLAT OF SURVEY IS A TRUE AND ACCURATE REPRESENTATION OF THE RECORD CONDITIONS AT THE TIME OF THE SURVEY. THIS SURVEY IS INTENDED TO ILLUSTRATE THE PROPOSED 7.5' WIDE UTILITY EASEMENT VACATION AND FEATURES OF THE PROPERTY HAVE BEEN OMITTED FOR CLARITY. THIS PLAT MEETS OR EXCEEDS THE MINIMUM TECHNICAL STANDARDS ADOPTED BY THE OKLAHOMA STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. DATE OF LAST SITE VISIT: MAY 27, 2020. BEARINGS ARE BASED UPON THE RECORDED PLAT "OWASSO MEDICAL CAMPUS ", PLAT NO. 5862. WITNESS MY HAND AND SEAL THIS 19th DAY OF JANUARY, 2021. SsiO NA 5 `qy Jf FRITZ LAND SURVEYING, LLC a AND m 2017 W. 91ST STREET, TULSA, OK 74132 w FRITZ PH: 918.231.0575 1694 FRITZLANDSURVEYING @GMAIL.COM T C.A. # 5848 EXPIRES: 6 -30 -2022 OK LI .1694 PLS OK LIC. 1694 J�, �O FLS #20168 CA 95848 EXP. 06.30.2022 OKLAHOAP PAGE 2 OF 2 ATTACHMENT "A" Rural Walla District No. 3 Ordinance 1175 Page 7 of 7 Washington County, Oklahoma 17227 N. 1291h E. Ave., P.O. Box 70, Collinsville, OK 74021 -0070 Ph. (918) 371 -2055 m Fax (918) 371 -3864 o TRS 711 To Whom It May Concern: Pursuant to the requests of both Smalygo Properties and Four Points Development for a partial vacation of certain platted easements, please be advised that said requests were approved by the District's Board of Directors on Monday, February 8, 2021, consenting to the partial vacation and /or partial closure of platted easements in Lot 1, Block 1 and Lot 1, Block 2. Owasso Medical Campus, Section 17, Township 21 North, Range 14 East, Tulsa County, Oklahoma. In approving the request, please note that the Board's action was as follows: Steve Cole made the motion the District grant the partial vacancy of the existing platted . easements with the stipulation that potential future easements for this or additional properties developed East of the property by Smalygo Properties be granted with out cost to Rural Water District #3 Washington County. Bill Jacobs seconded. Bruce Hoover, yes; Robert Scott, yes; Bill Jacobs, yes; Max Terrell, yes; Gary Burd, yes; Steve Cole, yes. Motion carried unanimous. Thanks, and if you have any questions, or need additional information, please do not hesitate to call. Sincerely, Jerry Gammill District Manager In accordance with Federal law and U.S. Department of Agriculture policy, this Institution Is prohibited from discriminating on the basis of race, color, national origin, age, disability, religion, sex, and familial status. (Not all prohibited bases apply to all programs). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1900 Independence Avenue, S.W., Washington, D.C., 20250.9910 or call (800) 795.3272 (voice) or (202) 720 -6382 (TDD). j 7WGroup Owasso Reporter • Sand Springs Leader Skiatook 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 March 31, 2021 OWASSO, OK 74055 Date Category Description Ad Size Total Cost 03/3112021 Legal Notices ORDINANCE 1175 2 x 94.00 CL 120.32 6port Published in the Owasso Reeporter, Owosso, Tulsa County, Affidavit of Publication Oklahoma, March 31, 2021 CITY OF OWASSO, OKLAHOMA I, 61111111111111111111 BnN*BtWh , of lawful age, being duly ORDINANCE 1175 AN ORDINANCE CLOSING TO THE PUB- LIC TWO (2) UTILITY EASEMENTS LOCATED IN A POR- TION OF LOT 1 BLOCK 1 AND LOT 1 BLOCK 2 OF OWASSO sworn, am a legal representative of the Owasso Re g P porter of Owasso, TO THE CITY OF MEDICAL CAMPUS, AND OWASSO, TULSA COUNTY,AS STATE OF OKLAHOMA, AC- Oklahoma, a weekly newspaper of general circulation in Tulsa CORDING TO THE RECORDED PLAT NO. 5862 AND AC. CORDING TO THE RECORDED EASEMENT IN BOOK 6541, PAGE 1560, AS FILED IN TULSA COUNTY County, Oklahoma, a legal newspaper qualified to publish legal WHEREAS, the City of Owasso, Oklahoma, has deeme3Tt necessary and expedient to close to the Public use a Portion notices, as defined in 25 O.S. § 106 as amended, and thereafter, and of certain utility easements attached as Exhibit "A" ; and, WHEREAS, some City wi of Owasso retains the absolute right to reopen the same without expense to the and complies with all other requirements of the laws of Oklahoma with P q repealing all ordinances or earls of ordinances In conflict. es In NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: reference to legal publication. That said notice, a true copy of which SECTION 1. A tract of land that Is the south 7.5' of the ploHetl 17.5' uilllfv is attached hereto, was g published in the regular edition of said easement along the north line of Lot One (1), Black One (1), Owasso Medico) Campus, an addition to the City of Owosso, Tulsa County, State of Oklahoma, according to the recorded newspaper during the period and time of g P er publication and not in a Plat OMMENCING AT¢THEICNIORTHEAST� CORNIER sOF supplement, on the DATE(S) LISTED BELOW SAID BLOCK 1; THENCE SOUTH 01'10'38' EAST ALONG THE EAST LINE THEREOF A DISTANCE OF 17.50 FEET; THENCE SOUTH 88 °44'06' WEST A DIS. TANCE OF 17.50 FEET TO THE SOUTH LINE OF A PLATTED 17.5 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 80'44'06' WEST ALONG SAID SOUTH LINE 03/31/2021 -3W.39 FEET; THENCE NORTH 01.17'27 ", WEST 7.50 FEET; THENCE NORTH 80 °44'06' EAST AND PARAL- LEL WITH THE NORTH LINE OF SAID LOT 1 A DIS- Newspaper reference: 0000695643 TANCE OF 306.40 FEET; THENCE SOUTH 11°10'38' EAST AND PARALLEL WITH THE .EAST LINE OF SAID LOT 1 A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. Said tract of land contains 2,290.0 sq. feet or 0 05 acres. Bear. ings are based upon the recorded plot "Owasso Medical Campus ", Plat No. 5062, AND; utility Legal RepresentatlVe easement along the north line of the Lot Onle (1) Block (2), Owosso Medical Campus, an addition to the City of Owasso, Tulsa county, State of Oklahoma, according M the recorded plat thereof, being more Particularly described as follows: COMMENCING THE NORTHWEST CORNER Sworn to and subscribed before me this date: C SAID LOT L BLOCK 2; THENCE SOUTH DISTANCE EAST ST ALONG THE WEST LINE THEREOF A DISTANCE OF �1 ♦ / _ /j 1 _^, 'ET; THENCE SOUTH BB-44'W- WEST ALONG THE vi F3 �- �Ab I ALON5 SID EAST LINE 7.50 NTH LINE OF SAID 17.5' UTILITY EASEMENT A STANCE OF 917.14 FEET TO THE POINT OF BEGIN - NG. track of land contains 6,878.5 sq. feet or 0.16 acres. Bear, are based upon the recorded plat "Owasso Medical Pus", Plat No. 58W. same is hereby closed for public use as utility ease or ports of ordinances in conflict with this or- 'eby expressly repealed. or parts of ordinances In conflict with this or. 'eby repealed to the extent of the conflict only. carts at this ordinance are deemed unconstitu- ar Ineffective, the remaining portion shall not shall remain in full farce and effect. of this ordinance shall become effective thirty the date of final passage as Provided by state filed in the office of the County Clerk of Tulsa MO, a true and correct copy of this Ordinance. APPROVED this 16th day of March, 2021. over test: /sMulfenn M. Stevens, City Clerk City Clerk APPROVED AS TO FORM: Notary My Commission expires: l A A- - ELIZ4BETH HAILEir 60NN€R NOTARY PUBLIC - STATE OF OKLAHOMA MY COMMISSION IXPIRES OCT.13, 2024 COMMISSION � 20012672 Sd RERL V,epY • RELLCluncb, •PEAL CwnmuNly TO. FROM: SUBJECT: DATE: BACKGROUND: APPROVED BY COUNCIL MAR 16 2021 The Honorable Mayor and City Council Alexa Beemer City Planner Ordinance 1175, Utility Easement Closures Request — Lot One (1), Block One (1) and Lot One (1), Block Two (2), Owasso Medical Campus March 12, 2021 The City of Owasso received an application for review and approval of the closing of two (2) utility easements located and described as follows: CLOSURE OF A PORTION OF A 17.5' UTILITY EASEMENT A total of 2,298 square feet of the south 7.5' of the platted 17.5' utility easement on Lot One (1), Block One (1), Owasso Medical Campus. CLOSURE OF A PORTION OF A 17.5' UTILITY EASEMENT A total of 6,878.5 square feet of the south 7.5' of the platted 17.5' utility easement on Lot One (1), Block Two (2), Owasso Medical Campus. The subject easements are located on property just north of Lowe's Home Improvement located at 12001 East 96th Street North and just south of the Bailey Ranch Estates II subdivision. The subject property was platted as Lot One (1), Block One (1) and Lot One (1), Block Two (2) Owasso Medical Campus in 2005. The subject easements are owned by Washington County Rural Water District (RWD) #3, and were filed via separate instrument (BK 6541, PG 1560). The applicant has provided Staff with a letter of agreement from Washington County Rural Water District #3, acknowledging that their Board of Directors consents to these two subject easement closures. The closure requests are being brought forth for consideration by the City Council because the Owasso Medical Campus final plat was approved by the City Council on October 19, 2004. The applicant intends to construct what will be called "Reunion at Owasso," a multi - family housing facility, with accessory storage garages. The proposed garages would partially encroach on the two subject easements and as such, the applicant seeks to close the two subject easements. According to the Alta survey, there are no active lines within this easement. Because the two easements are empty, the applicant has determined that these easements are unnecessary or redundant and no longer needed. 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 this portion of each easement. No utility companies had an issue with the proposed closing of the easements. Upon City Council action to close an easement, the applicant is advised to take the item to District Court and file for vacation of the easements, which will completely remove them from the books. Page 2 Utility Easement Closure- Owasso Medical Campus TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee reviewed the request at their February 17, 2021, meeting. No comments or concerns regarding negative impacts to utilities were expressed at the meeting. RECOMMENDATION: Staff recommends adoption of Ordinance 1175, approving the closure of the following utility easements: CLOSURE OF A PORTION OF A 17.5' UTILITY EASEMENT A total of 2,298 square feet of the south 7.5' of the platted 17.5' utility easement on Lot One (1), Block One (1), Owasso Medical Campus. CLOSURE OF A PORTION OF A 17.5' UTILITY EASEMENT A total of 6,878.5 square feet of the south 7.5' of the platted 17.5' utility easement on Lot One (1), Block Two (2), Owasso Medical Campus. ATTACHMENTS: Ordinance 1175 Aerial Maps IN THE DISTRICT COURT IN AND FOR TULSA COUN S iciL .,; e STATE OF OKLAHOMA SMALYGO PROPERTIES INC., an Oklahoma corporation, FOUR POINTS DEVELOPMENT COMPANY, LLC, and Oklahoma limited liability company, Plaintiff, VS. THE CITY OF OWASSO, OKLAHOMA a Municipal Corporation; RURAL WATER DISTRICT #3 WASHINGTON COUNTY, THE BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA, Defendants. )CY ®e 02 APR - 7 2021 DON NEWBERRY, Court Clerk STATE OF OKLA. TULSA COUNTY Mam D. LaFortune Forrest B. Hess, OBA #18394 11960 E. 86`' Street North Owasso OK 74055 918 - 376 -6511 PETITION TO FORECLOSE THE CITY OF OWASSO'S ABSOLUTE RIGHT TO REOPEN EASEMENT Comes Now Plaintiffs and for their cause of action against the above Defendants, Plaintiffs alleges and states as follows: This action is brought pursuant to 11 O.S. §42 -111 to foreclose the City of Owasso's right to reopen the utility easements more specifically described as follows: A Tract of land that is the South 7.5 feet of the Platted 17.5 foot utility easement along the north line of Lot One (1) Block One (1), Owasso Medical Campus, An Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, being more particularly described as follows: Commencing at the Northeast corner of said Block 1; Thence South 01 °10'38" East along the East line thereof a distance of 17.50 feet; Thence South 88 °44'06" West a distance of 17.5 feet to the South line of a Platted 17.5 foot wide utility easement and the Point of Beginning; Thence continuing South 88 °44'06" West along said south line 306.99 feet; Thence North 01 °17'27" West 7.50 feet; Thence North 88 °44'06" East and parallel with the north line of said Lot 1 a distance of 306.40 feet; Thence South 01 °10'38" East and parallel with the east line of said lot 1 a distance of 7.50 feet to the Point of Beginning. Said tract of land contains 2,298.0 sq, feet or 0.05 acres. Bearings are based upon the recorded plat "Owasso Medical Campus, Plat No. 5862. RM A Tract of land that is the South 7.5 feet of the Platted 17.5 foot utility easement along the north line of Lot One (1) Block Two (2), Owasso Medical Campus, An Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, being more particularly described as follows: Commencing at the Northwest corner of said Lot 1 Block 2; Thence South 01'10'38" East along the East line thereof a distance of 17.50 feet; Thence North 88 044'06" West a distance of 17.5 feet to the South line of a Platted 17.5 foot wide utility easement and the Point of Beginning; Thence continuing North 01 010'38" West 7.5; Thence North 01 °17'27" West 7.50 feet; Thence North 88 °44'06" East and parallel with the north line of said Lot 1 a distance of 306.40 feet; Thence South 01'10'38" East and parallel with the east line of said lot 1 a distance of 7.50 feet to the Point of Beginning. Said tract of land contains 2,298.0 sq. feet or 0.05 acres. Bearings are based upon the recorded plat "Owasso Medical Campus, Plat No. 5862. [collectively the "Utility Easements "] 2. The above Defendants are subject to service from this Court, and they claim, or may claim an interest in the Utility Easements which are the subject of this action. Plaintiff, Smalygo Properties Inc., is the owner of and in possession of the following described real property, situated in the County of Tulsa, State of Oklahoma, to -wit: Lot One (1) Block One (1) Owasso Medical Campus, A subdivision in the City of Owasso, being a part of the S/2 of Section 17, Township 21 North, Range 14 East, of the Indian Meridian, Tulsa County, State of Oklahoma. 3. Plaintiff, Four Points Development Company LLC., is the owner of and in possession of the following described real property, situated in the County of Tulsa, State of Oklahoma, to -wit: Lot One (1) Block Two (2) Owasso Medical Campus, A subdivision in the City of Owasso, being a part of the S/2 of Section 17, Township 21 North, Range 14 East, of the Indian Meridian, Tulsa County, State of Oklahoma. 4. Pursuant to the provisions of 11 O.S. §42 -110, by Ordinance No. 1175 duly enacted by the City of Owasso, dated March 16, 2021 and recorded on March 22, 2021 at Document #2021032255, the City of Owasso closed the Utility Easements legally described in paragraph 1 above and recorded the same with the Tulsa County Clerk. 5. The proceedings by the City of Owasso, Oklahoma in adopting the above Ordinance closing the Utility Easements as above set forth were in all respects proper, in accordance with the ordinances of the City of Owasso, Oklahoma and the laws of the State of Oklahoma, and such Ordinance effectively closed the easements as above set forth. A copy of the Ordinance is attached hereto as Exhibit "A" and incorporated herein by reference. 6. By enactment of the Ordinance, the City of Owasso, Oklahoma, determined that the Utility Easements should be closed. 7. Pursuant to 11 O.S. §42 -111, attached hereto and marked Exhibit `B" is the Certificate of First American Title and Trust Company, a bonded abstractor in Tulsa, Oklahoma, having its place of business within Tulsa County, Oklahoma, listing the names and mailing addresses of all owners of record as shown by the current year's tax rolls in the Office of the Tulsa County Treasurer, of property abutting the Utility Easements sought to be vacated, and such other owners of record whose property lies within 300 feet from the Utility Easements sought to be vacated. Pursuant to 11 O.S. §42- 112(3)(a), a copy of this Petition together with a copy of the Order and Notice of Hearing will be mailed to all owners of record, as shown on the above - mentioned abstractor's certificate. 8. Except as otherwise set out herein, the Plaintiffs do not know of any other person, firm or corporation claiming or purporting to claim any interest or right in the Utility Easements which are the subject of this petition. VMEREFORE, the Plaintiff prays for a judgment from the Court that forecloses the City of Owasso's absolute right to reopen the easements which are the subject of this petition, decrees that Plaintiffs are the fee simple owners of the Utility Easements described in this petition and foreclose all of the Defendants' rights in and to the Utility Easements which are the subject of this petition and for further relief to which the Plaintiff is entitled. HESS LAW FIRM, PLLC Forrest B. Hess, OBA #18394 11960 E. 861h Street North Owasso OK 74055 918- 376 -6511 Attorney for Plaintiff VERIFICATION STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) Forrest B. Hess, of lawful age, being first duly sworn upon oath, deposes and states that he is the attorney for Plaintiff, that he has read the above and foregoing instrument, that he is familiar with the contents thereof, and that the facts therein set forth are true and correct to the best of his knowledge and belief. Forrest B. Hess ' Subscribed and sworn to before me this V-- -day otApril 2021, byForrest B. Hess. My Commission expires —I C—)--( (- d3 No. vynK+u� Tulsa County Clerk - Michael Willis 2021032255'' Pa e(s): 7 03/22/2021 04:21:00 �M '•t Receipt p 21 -19152 Fee: $ 30.00 1-111 yr vrrmSSO, OKLAHOMA ORDINANCE 1175 AN ORDINANCE CLOSING TO THE PUBLIC TWO (2) UTILITY EASEMENTS LOCATED IN A PORTION OF LOT 1 BLOCK 1 AND LOT 1 BLOCK 2 OF OWASSO MEDICAL CAMPUS, AND ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO, 5862 AND ACCORDING TO THE RECORDED EASEMENT IN BOOK 6541, PAGE 1560, AS FILED IN TULSA COUNTY WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of certain utility easements 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 that Is the south 7.5' of the platted 17.5' utility easement along the north line of Lot One (1), Block One (1), Owasso Medical Campus, an addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, being more particularly described as follows: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 01010'38" EAST ALONG THE EAST LINE THEREOF A DISTANCE OF 17.50 FEET; THENCE SOUTH 88 0406" WEST A DISTANCE OF 17.50 FEET TO THE SOUTH LINE OF A PLATTED 17.5 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 °44'06" WEST ALONG SAID SOUTH LINE 306.39 FEET; THENCE NORTH 0101727' WEST 7.50 FEET; THENCE NORTH 88 044'06" EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 306.40 FEET; THENCE SOUTH 01010'38" EAST AND PARALLEL WITH THE EAST LINE OF SAID LOT 1 A DISTANCE OF 7.50 FEET TO THE POINT OF BEGINNING. Said tract of land contains 2,298.0 sq. feet or 0.05 acres. Bearings are based upon the recorded plat "Owasso Medical Campus ", Plat No, 5862, AND; A tract of land that Is the south 7.5' of the platted 17.5' utility easement along the north line of the Lot One (1), Block Two (2), Owasso Medical Campus, an addition to the City of Owasso, Tulsa county, State of Oklahoma, according to the recorded plat thereof, being more particularly described as follows: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 2; THENCE SOUTH 01010'38" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 17.50 FEET; THENCE NORTH 88 044'06' EAST A DISTANCE OF 17.50 FEET TO THE SOUTH LINE OF A PLATTED 17.5 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE NORTH 01 *10'38" WEST 7.50 FEET; THENCE NORTH 88 044'06" EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF 917.12 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE SOUTH 01015'46" EAST ALONG SAID EAST LINE 7.50 FEET; THENCE SOUTH 88 °44'06" WEST ALONG THE SOUTH LINE OF SAID 17.5' UTILITY EASEMENT A DISTANCE OF 917.14 FEET TO THE POINT OF BEGINNING. Ordinance 1175 Page I of 7 IN Said track of land contains 6,878.5 sq. feet or 0.16 acres. Bearings are based upon the recorded plat "Owasso Medical Campus ", Plat No. 5862. The some 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. 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. Clerk r e�, —e ti iu morrlclnt , AL °kcaEioanP Julie Ordinance 1175 2of7 PASSED AND APPROVED this 161h day of March, 2021, Bill��l� c < C D u D O F 0 C e 7.5' UTILITY EASEMENT VACATION EXHIBIT "A" PAGE 1 of 2 R 14 E EAST 106th STREET NORTH 1 i u i 306.39 i SITE N 01' 17'27" W 7.50 L3 IN . 88'44 06 E 306.40 Lu z U.1 � T sr 21 N z N z N Ordinance 1175 Page 3 of 7 SCALE: 1 " =100' 0 50 100 200 EAST 96th STREET NORTH SECTION 17 LOCATION MAP P.O.C. LEGEND SCALE: V-2000' NE CORNER P.O.B. = POINT OF BEGINNING LOT 1, BLOCK 1 \ P.O.C. = POINT OF COMMENCEMENT BIL = BUILDING LINE U/E - LANDSCAPE EASEMENT U!E = UTILITY EASEMENT N88 °44'08 "E - 341.42' 7.5' 17:5' UIE 50' B/L P.O.B. J z 20' UTILITY ESMT. DOC. #2008118036 wl to o (o LOT I, BLOCK I mI Im I� OWASSO MEDICAL CAMPUS 74 ` I �Im 25B/L L _ x -= J� 4�t 17.5' UIE S 88 °4473" W - 308.03' _ FRITZ LAND SURVEYING, LLC 2017 W. 91ST STREET, TULSA, OK 74132 PH:918.231.0575 FRITZLANDSURVEYING @GMAIL,COM C.A. # 5848 EXPIRES: 6-30-2022 FLS#20168 01010'38"E 17.50' 88044'060 W 17.50' 40.89' L= 36.00' 11= 700.00' A--20'37W" S 19 °26'56" W 48.12' 11=150.00' A =20 °4157" E. 98th ST. N. DI NC u 44 06 W 306.39 LZ N 01' 17'27" W 7.50 L3 IN . 88'44 06 E 306.40 L4 IS 01"10'35- E 7.50 7.5' UTILITY EASEMENT VACATION Ordinance 1175 Page 4 of 7 EXHIBIT "A" PAGE 2of2 7.5'.WIDE UTILITY EASEMENT VACATION LEGAL DESCRIPTION: A TRACT OF LAND THAT IS THE SOUTH 7.5 OF THE PLATTED 17.5' UTILITY EASEMENT ALONG THE NORTH LINE OF LOT ONE (1), BLOCK ONE (1), OWASSO MEDICAL CAMPUS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 01 °10'38" EAST ALONG THE EAST LINE THEREOF A DISTANCE OF 17.50 FEET; THENCE SOUTH 88 "44'06" WEST A DISTANCE OF 17.56 FEET TO THE SOUTH LINE OF A PLATTED 17.5 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 °44'06" WEST ALONG SAID SOUTH LINE 306.39 FEET' , THENCE NORTH 01'17'27 "WEST 7.50 FEET; THENCE NORTH 88 "44'06" EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 306.40 FEET; THENCE SOUTH 01 °10'38" EAST AND PARALLEL WITH THE EAST LINE OF SAID LOT 1 A DISTANCE OF 7,50 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 2,298.0 SQ. FEET OR 0.05 ACRES. BEARINGS ARE BASED UPON THE RECORDED PLAT " OWASSO MEDICAL CAMPUS ", PLAT NO. 5862. SURVEYOR'S CERTIFICATION FRITZ LAND SURVEYING, LLC AND THE UNDERSIGNED PROFESSIONAL LAND SURVEYOR, UNDER: CERTIFICATE OF AUTHORIZATION CA #5848, DO HEREBY STATE THAT THIS PLAT OF SURVEY IS A TRUE AND ACCURATE REPRESENTATION OF THE RECORD CONDITIONS AT THE TIME OF THE SURVEY, THIS SURVEY IS INTENDED TO ILLUSTRATE THE PROPOSED. 7.6' WIDE UTILITY EASEMENT VACATION AND FEATURES OF THE PROPERTY HAVE BEEN OMITTED FOR CLARITY. THIS PLAT MEETS OR EXCEEDS THE MINIMUM TECHNICAL STANDARDS ADOP TED BY THE OKLAHOMA STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, DATE OF LAST SITE VISIT: MAY 27, 2020. BEARINGS ARE BASED UPON THE RECORDED PLAT " OWASSO MEDICAL CAMPUS ", PLAT NO. 5862. WITNESS MY HAND AND SEAL THIS 19th DAY OF JANUARY, 2021. FRITZ LAND SURVEYING, LLC" 2017 W. 91ST STREET, TULSA, OK 74132 PH: 918.231.0575 FRITZLANDSURVEYING @GMAILCOM C.A. # 5848 EXPIRES: 6 -30 -2022 ANDY FArTZ, PLS FLS# 20168 OK LIC, 1694 CA *5840 EXP. 06,30.2022 PAGE 2 OF ;2 7 "5' UTILITY EASEMENT VACATION EXHIBIT "A" PAGE 1 of 2 R 14 E EAST 106th STREET NORTH 1 POINT OF BEGINNING i POINT OF COMMENCEMENT Irt BUILDING LINE i V"y SITE UTILITY EASEMENT EAST 95th STREET NOR 1 H SECTION 17 LOCATION MAP SCALE: 1" =2000' W 5 z LU T w 21 0) N = N O z N Ordinance 1175 f Page 5 of 7 SCALE: 1'=200' 0 100 200 400 FRITZ LAND SUP VEYING, LLC 2017 W. 91ST STREET, TULSA, OK 74132 PH: 918.231.0575 FRITZLAN DSURV EYI NG @GMAIL.COM C.A. # 5848 EXPIRES: 6-30 -2022 FLS #20168 PAGE 1 OF 2 LEGEND P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT Irt BUILDING LINE LIE = V"y WE = UTILITY EASEMENT �1 P.O.C. NW CORNER `-I LOT 1, BLOCK 2 30' UE N 88'44W E 934.81' S 01 °1546" E 88.44'06" E 917.12' 7.50' 917.14' — —S 01. 10'38" 17.50' —' '— — — — — — P. B7 17.5' UIE N 86 44'06• �/ . 50' BA w 17.50' LOT I, BLOCK 2 0 N 01.1038" W OWASSO MBDICAL CAMPUS ° 7.5fl' 25' BIL 17.5' UIE LL '= _ —__ _ S 88.4433' W 942.81' E. 98th ST. N. FRITZ LAND SUP VEYING, LLC 2017 W. 91ST STREET, TULSA, OK 74132 PH: 918.231.0575 FRITZLAN DSURV EYI NG @GMAIL.COM C.A. # 5848 EXPIRES: 6-30 -2022 FLS #20168 PAGE 1 OF 2 LEGEND P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT B/L = BUILDING LINE LIE = LANDSCAPE EASEMENT WE = UTILITY EASEMENT 7.5' UTILITY EASEMENT VACATION Ordinance 7775 Page b of 7 EXHIBIT "A" PAGE 2of2 7.5' WIDE UTILITY EASEMENT VACATION LEGAL DESCRIPTION: A TRACT OF LAND THAT IS THE SOUTH 7.5' OF THE PLATTED 17.5' UTILITY EASEMENT ALONG THE NORTH LINE OF LOT ONE (1), BLOCK TWO (2), OWASSO MEDICAL CAMPUS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 2; THENCE SOUTH 01 *`10'38" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 17.50 FEET. THENCE NORTH 88 °44'06' EAST DISTANCE OF 17.50 FEET TO THE SOUTH LINE OF A PLATTED 17.5 FOOT WIDE UTILITY EASEMENT AND THE POINT OF BEGINNING; THENCE NORTH 01 °10'38" WEST 7.50 FEET; THENCE NORTH 88 °44'06" EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1 FOR A DISTANCE OF 917.12 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE SOUTH 01 °1546" EAST ALONG SAID EAST LINE 7.50 FEET; THENCE SOUTH 88 °44'08" WEST ALONG THE SOUTH LINE OF SAID 17.5' UTILITY EASEMENT A DISTANCE OF 917.14 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 6,878.5 SQ. FEET OR 0.16 ACRES. BEARINGS ARE BASED UPON THE RECORDED PLAT "OWASSO MEDICAL CAMPUS ", PLAT NO, 5662, SURVEYOR'S CERTIFICATION FRITZ LAND SURVEYING, LLC AND THE UNDERSIGNED PROFESSIONAL LAND SURVEYOR, UNDER CERTIFICATE OF AUTHORIZATION CA #5848, DO HEREBY STATETHAT THIS PLAT OF SURVEY IS ATRUE AND ACCURATE REPRESENTATION OF THE RECORD CONDITIONS AT THE TIME OF THE SURVEY. THIS SURVEY IS INTENDED TO ILLUSTRATE THE PROPOSED 7.6 WIDE UTILITY EASEMENT VACATION AND FEATURES OF THE PROPERTY HAVE BEEN OMITTED FOR CLARITY. THIS PLAT MEETS OR EXCEEDS THE MINIMUM TECHNICAL STANDARDS ADOPTED BY THE OKLAHOMA STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, DATE OF LAST SITE VISIT: MAY 27, 2020. BEARINGS ARE BASED UPON THE RECORDED PLAT "OWASSO MEDICAL CAMPUS ", PLAT NO. 5862. WITNESS MY HAND AND SEAL THIS 19th DAY OF JANUARY, 2021. FRITZ LAND SURVEYING, LLC 2017 W. 81ST STREET, TULSA, OK 74132 PH: 918.231.0575 FRITZLANDSURVEYINGQGMAIL.COM ANOFR C.A.95848 EXPIRES;6 -30 -2022 CKUC:I, FLS #20168 CA #5848 PAGE 2 OF 2 r Q Nag ANDY w FRITZ 1694 PLS pi ATTACHMENT "A" Rural Water District Nor 3 Page 7 o 71175 Washington County, Oklahoma 17227 N. 1291h E. Ave., P.O. Box 70, Collinsville, OK 74021 -0070 Ph. (918) 371 -2055 • Fax (918) 371 -3864 ® TRS 711 To Whom It May Concern: Pursuant to the requests of both Smalygo Properties and Four Points Development for a partial vacation of certain platted easements, please be advised that said requests were approved by the District's Board of Directors on Monday, February 8, 2021, consenting to the partial vacation and /or partial closure of platted easements in Lot 1, Block 1 and Lot 1, Block 2. Owasso Medical Campus, Section 17, Township 21 North, Range 14 East, Tulsa County, Oklahoma. In approving the request, please note that the Board's action was as follows: Steve Cole made the motion the District grant the partial vacancy of the existing platted. easements with the stipulation that potential future easements for this or additional properties developed East of the property by Smalygo Properties be granted with out cost to Rural Water District *3 Washington County. Bill Jacobs seconded. Bruce Hoover, yes; Robert Scott, yes; Bill Jacobs, yes; Max Terrell, yes; Gary Burd, yes; Steve Cole, yes. Motion carried unanimous. Thanks, and if you have any questions, or need additional information, please do not hesitate to call. Sincerely, Jerry Gammill District Manager In accordance with Federal law and U.S. Department of Agriculture policy, this Institution Is prohibited from discriminating on the basis of face, color, national origin, age, disability, religion, sex, and familial status. (Not all prohibited bases apply to all programs). To file a complaint of dlscrlminaUon, write USDA, Director, Office of Ovll Rights, 1400 Independence Avenue, S.W., Washington, D.C, 20250.9410 or call (000) 795.3272 (voice) or (202) 720 -6362 (TOD). CERTIFICATE OF BONDED ABSTRACTOR (300 FEET RADIUS REPORT) STATE OF OKLAHOMA ) COUNTY OF TULSA ) The undersigned bonded abstractor in and for Tulsa County, State of Oklahoma, does hereby certify that the following Ownership is true and correct according to the current year's tax rolls in the office of the County Treasurer of Tulsa County, Oklahoma, as updated by the records of the County Clerk of Tulsa County, Oklahoma; that the owners, as reflected by said records, are based on the last conveyance or final decree of record of certain properties located within 300 feet in all directions of the following described land: SEE ATTACHED DOCUMENT and find the following owners, addresses and brief legal descriptions on the attached pages numbered from (1) to (8 ), both inclusive. NOTICE TO CUSTOMERS,- Thls report Is released with the understanding that the information is strictly confidential. This report contains information from public land records only and is not to be construed as an abstract of title, opinion of title, title commitment, title insurance policy, or environmental research report. As used herein, the term 'public land records" means those land records which under the recording laws of the applicable state, impart constructive notice to the third parties with respect to recorded, unreleased or record instruments memonalizing legal interests in real estate. The company suggests that you contact your attomey for matters of a legal nature or legal opinion. We have exercised due care and diligence in preparing this report, however, the Abstractor does not guarantee validity of the title and acceptance of this report by the Company or person(s) for whom this report is made, constitutes agreement and confirmation of the 1 1mitatlon of this report. Dated: March 31, 2021 at 7:30 AM First American Title Insurance Company 'J , per' „ "p•�'F.n � ; �F , i7 9 •. By: Shy'Ane Ryder 1-0 Abstractor License No. 4863 Abstractor ,..., CAB Certificate of Authority # 132�kjcQ� y File No. 2613413 -TU99 'J , A Tract of land that is the South 7.5 feet of the Platted 17.5 foot utility easement along the north line of Lot One (1) Block One (1), Owasso Medical Campus, An Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, being more particularly described as follows: Commencing at the Northeast corner of said Block 1; Thence South 01 °10'38" East along the East line thereof a distance of 17.50 feet; Thence South 88 °44'06" West a distance of 17.5 feet to the South line of a Platted 17.5 foot wide utility easement and the Point of Beginning; Thence continuing South 88 °44'06" West along said south line 306.99 feet; Thence North 01 017'27" West 7.50 feet; Thence North 88 °44'06" East and parallel with the north line of said Lot 1 a distance of 306.40 feet; Thence South 01'10'38" East and parallel with the east line of said lot 1 a distance of 7.50 feet to the Point of Beginning. Said tract of land contains 2,298.0 sq. feet or 0.05 acres. Bearings are based upon the recorded plat "Owasso Medical Campus, Plat No. 5862. And A Tract of land that is the South 7.5 feet of the Platted 17.5 foot utility easement along the north line of Lot One (1) Block Two (2), Owasso Medical Campus, An Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, being more particularly described as follows: Commencing at the Northwest corner of said Lot 1 Block 2; Thence South 01 °10'38" East along the East line thereof a distance of 17.50 feet; Thence North 88 °44'06" West a distance of 17.5 feet to the South line of a Platted 17.5 foot wide utility easement and the Point of Beginning; Thence continuing North 01'10'38" West 7.5; Thence North 01 °17'27" West 7.50 feet; Thence North 88 044'06" East and parallel with the north line of said Lot 1 a distance of 306.40 feet; Thence South 01 °10'38" East and parallel with the east line of said lot 1 a distance of 7.50 feet to the Point of Beginning. Said tract of land contains 2,298.0 sq, feet or 0.05 acres. Bearings are based upon the recorded plat "Owasso Medical Campus, Plat No. 5862. LIST OF OWNERS 300 -FOOT RADIUS - REPORT NO. 2613413 SUBJECT PROPERTY: 61204 -14 -17 -52070 LT 1 BLK 1— OWASSO MEDICAL CAMPUS Smalygo Properties Inc. 123 N 71b St. Collinsville, OK 74021 61204 -14 -17 -52080 LT 1 BLK 2 — OWASSO MEDICAL CAMPUS Four Points Dev Co LLC C/O Michael R. Prescott PO Box 30967 Edmond, OK 73003 61213 -14 -17 -69480 LT 1 BLK 1— OWASSO MARKER II PRT RESUB LTS 3 -7 BLK 1 61213 -14 -17 -69520 PRT LT 1 BEG 674N SWC LT 1 TH N326 E308.09 5326 W307.90 POB BLK 2 — OWASSO MARKET II PRT RESUB LTS 3 -7 BLK 1 The Owasso Market LLC 211 N Stadium Blvd. Ste 201 Columbia, MO 65203 91417 -14 -17 -48010 NHNHSWSW LESS N50 THEREOF FOR RD & SHNESWSW — SEC 17- T21N -R14E Cavins Owasso I LLC 10001 Hanford Dr. Denton, TX 76207 61039 -14 -17 -32810 LT 1 BLK 10 — BAILEY RANCH ESTATES II Gregory D. Slone 11606 E 99`h St. N Owasso, OK 74055 61039 -14 -17 -32820 LT 2 BLK 10 — BAILEY RANCH ESTATES II Luella M. Pride 11608 E 99`h St. N Owasso, OK 74055 61039 -14 -17 -32830 LT 3 BLK 10 — BAILEY RANCH ESTATES II Earlene & Brian Jones 11610E99`h St. N Owasso, OK 74055 61039 -14 -17 -32840 LT 4 BLK 10 — BAILEY RANCH ESTATES II Emanuel Jr. & Ina S. Mitchell 11612 E 99' St. N Owasso, OK 74055 61039 -14 -17 -32560 LT 1 BLK 9 — BAILEY RANCH ESTATES I1 Matthew Lynn 11702 E 99`h St. N Owasso, OK 74055 61039 -14 -17 -32570 LT 2 BLK 9 — BAILEY RANCH ESTATES I1 Linda Riley 11704 E 99`h St. N Owasso, OK 74055 61039 -14 -17 -32580 LT 3 BLK 9 — BAILEY RANCH ESTATES II James M. & Cindy L. Prock 11802 E 991h St. N Owasso, OK 74055 61039 -14 -17 -31970 LT 9 BLK 6 — BAILEY RANCH ESTATES II E. Chris Waterman 9904 N 118th East Ave. Owasso, OK 74055 61039 -14 -17 -31980 LT 10 BLK 6 — BAILEY RANCH ESTATES 11 Deborah Stacey 9902N 118`h East Ave. Owasso, OK 74055 61039 -14 -17 -31990 LT 1 I BLK 6 — BAILEY RANCH ESTATES II Richard & Valarie Linander 9901 N 117`" East Ave. Owasso, OK 74055 61039 -14 -17 -32000 LT 12 BLK 6 — BAILEY RANCH ESTATES II Bryan Lee & Belinda Lee Wagner 9903 N 1 I7`h East Ave. Owasso, OK 74055 61039 -14 -17 -31810 LT 6 BLK 5 — BAILEY RANCH ESTATES II David Kanizer 9904 N I I Ph East Ave. Owasso, OK 74055 61039 -14 -17 -31810 LT 7 BLK 5 — BAILEY RANCH ESTATES II Brian & Karen Dugan Rev Living Trust 9902 N I I7`h East Ave. Owasso, OK 74055 61039 -14 -17 -31830 LT 8 BLK 5 — BAILEY RANCH ESTATES I1 Lawrence W. & Angela D. Trude PO Box 691943 Tulsa, OK 74169 61039 -14 -17 -31840 LT 9 BLK 5 — BAILEY RANCH ESTATES II Karen Housh 9903 N 116`h East Ave. Owasso, OK 74055 61039 -14 -17 -32180 LT 11 BLK 7 — BAILEY RANCH ESTATES II William J. Wood 9904 N 119`h East Ave. Owasso, OK 74055 61039 -14 -17 -32190 LT 12 BLK 7 — BAILEY RANCH ESTATES II Justin L. & Emily C. Hardesty 9902 N 119`h East Ave. Owasso, OK 74055 61039 -14 -17 -32190 LT 13 BLK 7 — BAILEY RANCH ESTATES II Daniel & Julie Evers Rev Living Trust 9901 N 118`h East Ave. Owasso, OK 74055 61039 -14 -17 -32210 LT 14 BLK 7 — BAILEY RANCH ESTATES II Gary B. & Vonne J. Bliss 9903 N I I8`h East Ave. Owasso, OK 74055 61039 -14 -17 -32420 LT 11 BLK 8 — BAILEY RANCH ESTATES II Jose R. & Maria E. Marquez 9904 N 120`h East Ave. Owasso, OK 74055 61039 -14 -17 -32430 LT 12 BLK 8 — BAILEY RANCH ESTATES II Mai Chue Vue -Moua & Chia Moua 9902 N 120' East Ave. Owasso, OK 74055 61039 -14 -17 -32400 LT 13 BLK 8 — BAILEY RANCH ESTATES II Michael R. & Cynthia G. Lindsey 9901 N 119`h East Ave. Owasso, OK 74055 13 61039 -14 -17 -32450 LT 14 BLK 8 — BAILEY RANCH ESTATES II Maurice Eugene & Angela R. Merritt 9903 N I I9'h East Ave. Owasso, OK 74055 61039 -14 -17 -32590 LT 4 BLK 9 — BAILEY RANCH ESTATES II Amanda Oakley 11804 E 99t' St. N. Owasso, OK 74055 61039 -14 -17 -32600 LT 5 BLK 9 — BAILEY RANCH ESTATES II Jack R. & Amy Y. McCall 11806 E 99t' St. N. Owasso, OK 74055 61039 -14 -17 -32610 LT 6 BLK 9 — BAILEY RANCH ESTATES II Sherry Gaston & Saundra Cook TTEES Peggy Gaston Rev Trust 1180 E 991" St. N. Owasso, OK 74055 61039 -14 -17 -32620 LT 7 BLK 9 — BAILEY RANCH ESTATES II Chris G. & Rowena R. Riddle 11902 E 9'h St. N. Owasso, OK 74055 61039 -14 -17 -32630 LT 8 BLK 9 — BAILEY RANCH ESTATES II Kellie D. & Scott A. Richardson 11904 E 99`" St. N. Owasso, OK 74055 61039 -14 -17 -32640 LT 9 BLK 9 — BAILEY RANCH ESTATES II John & Suzanne Blackwell 11906 E 99" St. N. Owasso, OK 74055 61039 -14 -17 -32650 LT 10 BLK 9 — BAILEY RANCH ESTATES II Julie D. Owen 11908 E 99`h St. N. Owasso, OK 74055 61039 -14 -17 -32660 LT I 1 BLK 9 — BAILEY RANCH ESTATES II 11910 E 99" St. N. Owasso, OK 74055 61039 -14 -17 -32670 LT 12 BLK 9 — BAILEY CREEK ESTATES II John & Judith Baack 11912 E 99h St. N. Owasso, OK 74055 61039 -14 -17 -32680 LT 13 BLK 9 — BAILEY RANCH ESTATES II Allen Donald Jr. & Linda Tulk 9901 N 120th East Ave. Owasso, OK 74055 61039 -14 -17 -32690 LT 14 BLK 9 — BAILEY RANCH ESTATES II Casey Bennett 9903 N 120E Ave E. Owasso, OK 74055 61039 -14 -17 -32700 LT 15 BLK 9 — BAILEY RANCH ESTATES II Craig R. & Sarah M. Stout 9905 N 120`h East Ave. Owasso, OK 74055 61036 -14 -17 -47240 LT 1 BLK 7 — BAILEY RANCH ESTATES Tommie Ray & Jeannie Carol Day Trust 9819 N 115`h East Ave. Owasso, OK 74055 61036 -14 -17 -47250 LT 2 BLK 7 — BAILEY RANCH ESTATES Brian R. Permaul 9821 N I I5`h East Ave. Owasso, OK 74055 61036 -14 -17 -47260 LT 3 BLK 7 — BAILEY RANCH ESTATES Paula Anne & Rodney Warlick 9901 N 115`' East Ave. Owasso, OK 74055 61036 -14 -17 -47360 LT 13 BLK 7 — BAILEY RANCH ESTATES Thomas M. Rodnne 9904 N 116"' East Ave. Owasso, OK 74055 61036 -14 -17 -47370 LT 14 BLK 7 — BAILEY RANCH ESTATES Kathy & Robert Kuramata 33538 Marshall Rd. Yucaipa, CA 92399 61036 -14 -17 -47380 LT 15 BLK 7 — BAILEY RANCH ESTATES Clay A. & Stephanie W. Campbell 9900 N 116th East Ave. Owasso, OK 74055 61036 -14 -14 -47390 LT 16 BLK 7 — BAILEY RANCH ESTATES Dana F. Crocker PO Box 1492 Owasso, OK 74055 61036 -14 -17 -47400 LT 17 BLK 7 — BAILEY RANCH ESTATES Lois Ann Carpenter & Scott M. Jackson TTEES Lois A. Carpenter Rev Trust 11604 E 99th St. N Owasso, OK 74055 61212 -14 -17 -63510 LT 2 LESS BEG 50N & 54.07NE SECR SW THN N134.32 E216.45 5114.57 SW217 — OWASSO MARKER Wal -Mart Stores East Inc. C/O Wal -Mart Property Tax Dept MS 0555 PO Box 8050 Bentonville, AR 72712 61204 -14 -17 -52090 LT 2 BLK 2 — OWASSO MEDICAL CAMPUS Owasso LTC Land LLC 3501 W Washington St. Broken Arrow, OK 74012 91417 -14 -17 -67595 PRT SE SW & SH SE BEG NEC LT 1 BLK 1 OWASSO MARKET II TH W352.92 N50 UNPLATTED City of Owasso PO Box 180 Owasso, OK 74055 IN THE DISTRICT COURT IN AND FOR TULSA COUNTY STATE OF OKLAHOMA SMALYGO PROPERTIES INC., an Oklahoma corporation, FOUR POINTS DEVELOPMENT COMPANY, LLC, and Oklahoma limited liability company, Plaintiff, VS. THE CITY OF OWASSO, OKLAHOMA a Municipal Corporation; RURAL WATER DISTRICT #k3 WASHINGTON COUNTY, THE BOARD OF COUNTY COMMISSIONERS OF TULSA COUNTY, OKLAHOMA, Defendants City of Owasso City Clerk 200 S. Main Owasso OK 74055 P f.YgS I)L Caw Case No. 2021 -00491 Forrest B. Hess, OBA #18394 11960 E. 86�h Street North Owasso OK 74055 918- 376 -6511 You have been sued by the above named Plaintiff and you are directed to file a written answer to the attached application in the court at the above address within twenty (20) days after service of this summons upon you exclusive of the day of service. If the summons was served by mail, the answer is due twenty - three (23) days after the summons was mailed. A copy of your answer must be delivered or mailed to the attorney for the Plaintiff. Unless you answer the petition within the time stated judgment will be rendered against you with costs of the action. Issued this day of April 2021. Don N rry, Court CClerk By: Dep ty our Jerk This Summons and Petition were served on (date of service) Signature of person serving summons YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT STATED IN THE SUMMONS. Return ORIGINAL for filing.