HomeMy WebLinkAbout1183_Closing Drainage Easements_Garrett Creek Center PH II_Plat 6054 & 6801Tulsa County Clerk - Michael Willis
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1183
AN ORDINANCE CLOSING TO THE PUBLIC USE TWO (2) DRAINAGE EASEMENTS
LOCATED IN A PORTION OF GARRETT CREEK CENTER PHASE II, AN ADDITION TO THE
CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE
RECORDED PLAT NO. 6054 AND PLAT NO. 6801, AS FILED IN TULSA COUNTY
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to
close to the public use the drainage easements attached as Exhibit "A" and Exhibit "B "; and
WHEREAS, the drainage easements are not presently in use and are not necessary for
public use as stormwater issues will be addressed by dedication of easements by separate
instrument; and
WHEREAS, the City of Owasso retains the absolute right to reopen the same without
expense to the municipality in the event that it is needed in the future 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.
Being a part of Lot Three (3), Block Two (2), RE -PLAT OF LOT 2, BLOCK 1 GARRETT CREEK CENTER
PHASE II to the City of Owasso, Tulsa County, Oklahoma, according to recorded plat no. 6801 at
the Office of the Tulsa County Clerk, being more particularly described as follows:
COMMENCING (P.O.C.) at the Southwest corner (SW /cor) of said Lot Three (3), Block Two
(2); THENCE along the following calls per GARRETT CREEK CENTER PHASE 11, recorded at
plat no. 6054 at the Office of the Tulsa County Clerk; THENCE North 88 044'39" East along
the south line of said Lot Three (3), a distance of 35.00 feet to the east line of an existing
Thirty -five (35) foot drainage easement per GARRETT CREEK CENTER PHASE II, recorded at
plat no. 6054 at the Office of the Tulsa County Clerk as shown on RE -PLAT OF LOT 2,
BLOCK 1 GARRETT CREEK CENTER PHASE 11; THENCE North 01 °20'39" West along the east
line of said drainage easement, a distance of 7.50 feet to the south line of an existing
Fifteen (15) foot drainage easement per GARRETT CREEK CENTER PHASE 11, recorded at
plat no. 6054 at the Office of the Tulsa County Clerk as shown on RE -PLAT OF LOT 2;
BLOCK 1 GARRETT CREEK CENTER PHASE 11, being the POINT OF BEGINNING (P.O.B.);
THENCE continuing North 01 020'39" West along the east line of said drainage easement, a
distance of 15.00 feet to the north line of said Fifteen (15) foot drainage easement;
THENCE North 88 044'39" East along the north line of said drainage easement, a distance
of 236.30 feet; THENCE South 36 013'01" East along the north line of said drainage
easement, a distance of 128.73 feet to the south line of said Lot Three (3); THENCE South
88 044'39" West along the south line of said Lot Three (3), a distance of 18.30 feet to the
south line of said drainage easement; THENCE North 36 01301" West along the south line
of said drainage easement, a distance of 110.43 feet; THENCE South 88 044'39" West along
the south line of said drainage easement, a distance of 228.46 feet to the POINT OF
BEGINNING.
Ordinance 1183
Page 1 of 5
5
AND;
Being a part of Lot Three (3), Block One (1), GARRETT CREEK CENTER PHASE II to the City of
Owasso, Tulsa County, Oklahoma, according to recorded plat no, 6054 at the Office of the Tulsa
County Clerk, being more particularly described as follows:
COMMENCING (P.O.C.) at the Southeast corner (SE /cor) of said Lot Three (3), Block One
(1); THENCE North 01 °18'02" West along the east line of said Lot Three (3), a distance of
28.04 feet to the south line of a Fifteen (15) foot drainage easement as shown per
GARRETT CREEK CENTER PHASE II, being the POINT OF BEGINNING (P.O.B.); THENCE North
66 013'01" West along the south line of said drainage easement, . a distance of 15.04 feet;
THENCE North 36 °13'01" West along the south line of said drainage easement, a distance
of 724.30 feet to the north line of said Lot Three (3); THENCE North 88 044'39" East along the
north line of said Lot Three (3), a distance of 18.30 feet to the north line of said drainage
easement; THENCE South 36 °13'01" East along the north line of said drainage easement,
a distance of 709.79 feet; THENCE South 66 °13'01" East along the north line of said
drainage easement, a distance of 4.00 feet to the east line of said Lot Three (3); THENCE
South 01 °18'02" East along the east line of said Lot Three (3), a distance of 16.56 feet to
the POINT OF BEGINNING.
The same is hereby closed for public use as drainage 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 AANNp \ /Ap�OPTED this 17th day of August, 2021.
"Bill Bush, Mayor
�AOTkT�ES
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Ordinance 183 ` �4C�:; 1ti .y
Page 2of5 vp +� N
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APPROVED AS O FORM: ��`
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Beth Anne Childs, Acting City Attorney
Ordinance 1183
Page 3 of 5
EXHIBIT'A'
DRAINAGE EASEMENT VACATION
BEING A PART OF LOT 3, BLOCK 1, GARRETT CREEK CENTER PHASE II
BEING A SUBDIVISION WITHIN THE NW14 OF SEC, 9, T.21 N., R.14E., I.M.,
CITY OF OWASSO,TULSA COUNTY, OKLAHOMA
15' DIE TO BE VACATED BY
— SEPARATE INSTRUMENT
I –N 8�8 °4439" E 18.30' - -,
\ -NORTH LINE
LOT
' 15' D/E PER PLAT S
TO BE VACATED
LOT3 v�
BLOCKI
N 66 °13'01" W 1
N 01'18(12"W,
I
IW
l¢
W
�i
i
Ordinance 1183
Page 4 of 5
LOCATIONMAP
S. NTS
S 66 °13'01" E 4.00'
S 01 °18'02" E 16.56'
EXISTING DIE
TO REMAIN 0
1, 00 200
P.O.C.
1"=200'
SE /COR LOT 3
DRAINAGE EASEMENT VACATION LEGAL DESCRIPTION
Being a part of Lot Three (3). Block One (1), GARRETT CREEK CENTER PHASE II to the City of Owasso. Tulsa County.
Oklahoma, according to recorded plat no. 6054 at the Office of the Tulsa County Clerk. being morn particularly described
as fail..:
COMMENCING (P.O.C.) at the Southeast comer (SE /cor) of cold Lot Three (3), Block One (1);
THENCE North 01'18'02' West along the east If" of said Lot Three (3), a distance of 28.04 feet to the south One of a
Fifteen (15) foot drainage easement as shown per GARRETT CREEK CENTER PHASE II. being the POINT OF BEGINNING
(P.O.B):
THENCE North 6613'01' West along the south Me of sold drainage easement, a distance of 15.04 fiat;
THENCE North 3613'01" West along the south line of sold drainage easement, a distance of 724.30 feet to the north line
of sold Lot Th.. (3);
THENCE North 88'44'39' East along the north One of acid Lot Three (3), a distance of 18.30 feet to the north line of
said drainage easement;
THENCE South 36'13'01' East along the north line of said drainage easement, a distance of 709.79 feet;
THENCE South 66'13'01' East along the north fine of sold drainage easement, a distance of 4.00 feet to the east Una of
void tot Three (3);
THENCE South 01'18'02' East along the east One of said Lot Three (3),
a distance of 16SS feet to the POINT OF BEGINNING.
GENERAL NOTES:
• The basis of bearing being North 01'18'02' West as the East fine of Lot Three (3).
Block One (1). GARRETT CREEK CENTER PHASE II to the City of Owasso, Tuba
County, Oklahoma, according to recorded plot thereof.
• This arhibit Is for a drainage easement vacation and doea not represent a
boundary survey.
• A title commitment. Indicating orfl.abla easements, has not been provided,
therefore all easements may not be shown hereon.
GARRETT
CREEK CENTER
STRUCTURAL
410 NORTH WALNUT AVE, SUITE 200
OKLAHOMA CITY, OK 73104
Ordinance 1183
Page 5 of 5
EXHIBIT "Bit
DRAINAGE EASEMENT VACATION
BEING A PART OF LOT 3, BLOCK 2, RE -PLAT OF LOT 2, BLOCK 1 GARRETT CREEK CENTER PHASE II
BEING A SUBDIVISION WITHIN THE NW/4 OF SEC. 9, T21N., R.14E., I.M.,
CITY OF OWASSO,TULSA COUNTY, OKLAHOMA
WEST LINE LOT 3
LOT BLOCK2
EXISTING DIE
TO REMAIN
LOCATION MOP
$C KTm
I I N 88 °44'39" E 236.30'
11 °20'39" W 15.00' I
01020'39'W 7.50' S
S 88°44'39" W 22SAV
88 °44'39" E 35.00' S
S 36.13'01' E 128.73'
P.O.B. 1
15'01E PER PLAT r
r
P.O.C. T
TO BE VACATED Z
Z
SW /COR LOT N 36 °13'01 "W 110.43' -
-1;�
S 88 °4439" W 1
18.30' �
LOT
5' D/E TO BE VACATED B
BY -/\\ B
0 140 200
,
I"=200'
C ,
DRAINAGE EASEMENT VACATION LEGAL DESCRIPTION
going a part of Lot Three (3), Black Two (2), RE —PUT OF LOT 2, BLOCK 1 GARRETT CREEK CENTER PHASE IT to the
City of Owasso, Tulsa County, Oklahoma, according to recorded plat no. 6801 at the Office of the Tulsa County Clark,
being mom particularly described as follows:
COMMENCING (P.O.C.) at the Southwest comar (SW /cor) of sold Lot Three (3), Block Two (2);
THENCE *tong the following calla per GARRETT CREEK CENTER PFN9E Il, recorded at plat ne, 6054 at the Office of the
Tuba County Clerk;
THENCE North 3644'39" East along the mouth line of said Lot Three (3), a distance of 35.00 feet to the east line of
on existing Thirty— No (35) foot drainage casement per GARRETT CREEK CENTER PHASE 0, recorded at plat no, OD54
at the Office of the Tulsa County Clerk as shown an RE —PUT OF NAT 2, BLOCK 1 GARREIT CREEK CENTER PHASE 0;
THENCE North 01'20'39" Wert along the east line of sold drainage eovemcrd, a distance of 7.50 feet to the mouth One
of an existing FVteen (15) foot drainage easement per GARRETT CREEK CENTER PRASE 6, recorded at plat no. 9054 at
the Office of the Tulsa County Clerk as shown an RE —PUT OF LOT 2, BLOCK t GARRET CREEK CENTER PHASE 0,
being the POINT OF BEGINNING (P.O.B.);
THENCE continuing North 01'2039" West along the mast One of said drainage easement, o distance of 15.00 feet to
the north line of said Fifteen (15) foot drainage easement;
THENCE North 88'44'39' East along the north One of sold drainage casement, a distance of 238.30 feet;
THENCE South 3613'01' East along the north line of cold drainage sasemerH, a dietance of 128,73 foot to the mouth
fine of said tat Three (3);
THENCE South 8644'39' West along the mouth line of cold Oat Three (3), a distance of 18.30 feet to the south One
of said drainage easement:
THENCE North 38'13'01" West along the mouth One of said drainage casement. a distance of 110.43 feet;
THENCE South 81 West along the south One of sold drainage easement. a distance of 228.46 fast to the POINT
OF BEGINNING.
GENERAL NOTES:
• The bads of bearing being Nmth 01'2039" West am the West One of tats Two (2)
and Three (3), Black One (1), GARRETT CREEK CENTER PHASE II, mcordad at plat no,
B04 at the Office of the Tulsa County Cask, to the City of Owasso, Tulsa County,
Oklahoma, according to recorded pent thereof,
• This exhibit b for a drainage easement vacation and dose not represent a boundary
My.
• A title eammdmant, indicating applicable aasemenb, has not hem prodded, therefore
all easements may nat be shown hereon.
GARRETT BTRUCTURALCONSULTANTS. NC.
CREEK CENTER STRUCTl1RALANOCMLCONSULTANTS
410 NORTH WALNUTAVE. SUNE 200
OKLAHOMA CITY. OK 73104
• r .
Weekly
Group
CITY OF OWASSO /LEGALS
Alto Julie Stevens
PO BOX 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
September 01, 2021
Date Category Description Ad Size Total Cost
09/01/2021 Legal Notices ORDINANCE 1183 2x 115.00 CL 14720
720095
Published In the Owasso Reporter. Owasso, Tulsa County,
Oklahoma, September 1, M21
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1183
AN ORDINANCE CLOSING TO THE PUBLIC USE TWO
(2) DRAINAGE EASEMENTS LOCATED IN A POR-
TION OF GARRETT CREEK CENTER PHASE 11, AN
ADDITION TO THE CITY OF OWASSO, TULSA COUN-
TY, STATE OF OKLAHOMA, ACCORDING TO THE RE-
CORDED PLAT NO. 6054 AND PLAT NO. 61101, AS
FILED IN TULSA COUNTY
WHEREAS, the City of Owasso, Oklahoma, has deemed 11
necessary and expedient to dose to the public use the drain.
age easements attached as Exhibit "A" and Exhibit "B "; and
WHEREAS, the drainage easements are not presently in use
of Owosso retains the absolute right to
,out expense to the munlcipolity in the
In the future and repealing all ordlnan-
lces In cantllct.
BE IT ORDAINED BY THE COUNCIL
'AS50, OKLAHOMA, THAT TO WIT:
earner
Par GARRETT CREEK CENTER PHASE 11, recorded at
plot no. 6054 ut the Office of the Tulsa County Clerk as
shown an RE -PLAT OF LOT 2, BLOCK 1 GARRETT
CREEK CENTER PHASE 11, being the POINT OF BE-
GINNING (P.O.B.); THENCE continuing North 0120'39'
West alone the east line of said drainage easement, o dis-
tance of 15.00 feet to the north line of said Fifteen (15)
foot drainage easement; THENCE North 81°44.39' East
along the north line of said drainage easement, o dis-
tance of 236.30 feet; THENCE South 36'13'01' East along.
the north line of said drainage easement, a distance of
ISS 73 feet to the south line of saitl Lot Three (3);
THENCE South 88'4419' West along the south Ilne of said
Lot Three (3), a distance of 18.30 feet W the south line of
Said drainage easement; THENCE North 36'13'01' West
along the south line of said drainage easement, a ale.
farce of 110.43 feet; THENCE South BB'44'39' West along
the south line of said drainage easement, a distance of
M." feel to the POI NT OF BEGI NN ING.
AND;
Being a Part of Lot Three (3), Block One (1). GARRETT
CREEK CENTER PHASE 11 to the City of Owosso, Tulsa
County, Oklahoma, according to recorded plat no. 6054 at the
Office of the Tulsa County Clerk, being more particularly de-
scribed as follows:
COMMENCING (P.O.C.) at the Southeast carrier
(SE7cor) of said Lot Three (D, Block One (1); THENCE
North 0198'02' West along the east line of said Let Three
(3), a distance of 28.00 feet to the south line of a Fifteen
(15) foot drainage easement as shown Per GARRETT
CREEK CENTER PHASE 11, listing the POINT OF BE-
GINNING (P.O.B.); THENCE North WITOI' West along
the south line of Said drainage easement, a distance of
15.04 feet; THENCE North 3693'01' West along the south
Ins of saitl drainage easement, a distance of 324.30 feet
to the north line of said Lot Three (3); THENCE North
BB'4 n' East along the north line of saitl Lot Three (3),
a distance of IBM feet to the north line of said drainage
easement; THENCE South 36'13'01' East along the north
line of said drainage epsement. a distance of 709.39 feet;
THENCE South M-13'01' East along the north line of saitl
drainage easement, a distance of 4.00 feet to the east line
of sold Let Three (3); THENCE South 0198'02' East
along the east line of said Lot Three (3), a distance of
16.56 feet to the POINT OF BEGINNING.
The some is hereby closed for public use as drainage ecse-
ments.
SECTION 2. All ordinances or Paris of ordinances In conflict
s ordinance are hereby repealed to the extent of the
only.
IN 4, If any Port or Parts of this ordinance are
unconstitutional, invalid or ineffective, the remaining
shall not be affected but shall remain In full force and
INS The provisions of this ordinance shall became ef-
thlrty (30) days from the date at final passage as Pre-
y state law.
IN 6. There shall be filed In the office of the County
F Tulsa County, Oklahoma, a true and correct copy of
[Inane.
D AND ADOPTED this 17th day Of August, 2021. 7ef
;h, Mayor
r: ATTEST: /N Juliann M. Stevens, City Clerk
NED AS TO FORME V Beth Anne Childs, Acting City
Affidavit of Publication
1 Brenda Brumbaugh 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
09/01/2021
Newspaper reference: 0000720095
LIJLV✓lA1_1il,U/ /Y1n.(X.l
Legal Representative o
Sworn to and subscribed before me this date 9kal--
Notary Public
AMBER SHELL
NOTARY PUBLIC - STATE OF OKLAHOMA
MY COMMISSION EXPIRES SEP.11, 2023
COMMISSION # 19009197
My Commission expires:
Sd
xmwaW nuwM.m.,• nui wmmunM
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
APPROVED BY COUNCIL
AUG 17 2021
The Honorable Mayor and City Council
Alexa Beemer
City Planner
Ordinance 1183, Drainage Easement Closure Requests - Lot 3, Block 2, Re -Plat of
Lot 2, Block 1, Garrett Creek Center Phase II & Lot 3, Block 1, Garrett Creek Center
Phase II
August 12, 2021
The Community Development Department received an application for review and approval of the
closing of two (2) drainage easements located and described as follows:
CLOSURE OF A 15' DRAINAGE EASEMENT
The platted 15' drainage easement running along the southwest comer of Lot 3, Block 2, of
The Re -Plat of Lot 2, Block 1, Garrett Creek Center Phase IL
CLOSURE OF A 15' DRAINAGE EASEMENT
The platted 15' drainage easement running through the western portion of Lot 3, Block 1,
Garrett Creek Center Phase Il.
The subject easements are located on property approximately one- quarter mile south of East 116th
Street North, on the west side of North 1351h East Avenue. The subject property was originally platted
as Lot 3, Block 1, and Lot 2, Block 1, Garrett Creek Center Phase II in 2006. A portion of the property
was re- platted in 2018 as Lot 3, Block 2, of The Re -Plat of Lot 2, Block 1, Garrett Creek Center Phase II.
The subject easements were platted with the original Garrett Creek Center Phase II plat in 2006 (Plat
#6054). The closure requests are being brought forth for consideration by the City Council because
the Garrett Creek Center Phase II Final Plat and The Re -Plat of Lot 2, Block 1, Garrett Creek Center
Phase II Final Plat were both approved and accepted by the City Council.
The applicant intends to construct a three -story multi -use office and commercial building on the
subject property. The proposed building would partially encroach on the two subject easements
and as such, the applicant seeks to close the two (2) easements. The easements were platted using
a conceptual site plan that was never realized. The applicant is currently in the process of
dedicating a new drainage easement that will complement the newer site plan that has been
approved to serve the proposed development. As such, the applicant has determined that these
easements are unnecessary 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 drainage easements and
indicated there should be no impacts to future utilities. No other utilities appear to be affected by
the closing of these easements. No utility companies had an issue with the proposed closing of
these easements.
Upon City Council action to close the easements, the applicant is advised to take this item to District
Court and file for vacation of the easements, which will completely remove them from the books.
Drainage Easement Closures- Garrett Creek Center Phase II
Page 2
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed this request at their regular meeting on July 21, 2021.
No comments or concerns were expressed at the meeting.
RECOMMENDATION:
Staff recommends adoption of Ordinance 1183, approving the closure of the following drainage
easements:
CLOSURE OF A 15' DRAINAGE EASEMENT
The platted 15' drainage easement running along the southwest corner of Lot 3, Block 2, of
The Re -Plat of Lot 2, Block 1, Garrett Creek Center Phase Il.
CLOSURE OF A 15' DRAINAGE EASEMENT
The platted 15' drainage easement running through the western portion of Lot 3, Block 1,
Garrett Creek Center Phase II.
ATTACHMENTS:
Ordinance 1183
Aerial Map