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Home My WebLink About1199_Closing Utility Easement_Graceland AcresTulsa County Clerk - Michael Willis Doc 2022108022 Page(s): 5 10/26/2022 10:55:15 AM Receipt N 22 -70383 Fee: $ 26.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1199 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED ON PROPERTY DESCRIBED AS PART OF LOTS SEVEN (7) AND EIGHT (8), BLOCK FOUR (4) GRACELAND ACRES, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 2095 WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to close to the public use a portion of a certain public utility 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 herewith. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A TRACT OF LAND LYING LOTS SEVEN (7), AND EIGHT (8), BLOCK FOUR (4), GRACELAND ACRES, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT EIGHT (8), THENCE S01°25' 19" E FOR A DISTANCE OF 351.35 FEET TO THE POINT OF BEGINNING; THENCE N88°35' 08" E FOR A DISTANCE OF 285.22 FEET TO A POINT ON THE EAST LINE OF SAID LOT SEVEN (7); THENCE S01°58' 43" E AND ALONG THE EAST LINE OF SAID LOT SEVEN (7) FOR A DISTANCE OF 10.00 FEET; THENCE S88°35'08" W FOR A DISTANCE OF 285.32 FEET TO A POINT ON THE WEST LINE OF SAID LOT EIGHT (8); THENCE N01° 25' 06" W FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 2,852 SQUARE FEET OR 0.07 ACRES MORE OR LESS. The some is hereby closed for public use as a utility 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 All ordinances or parts of ordinances in conflict with this- ordinance are, hereby expressly repealed.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 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. 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 1199 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 this 1 Slh day of October, 2022 Kelly Lewis ayor ATTEST: APPROVED AS TO FORM: Julie Imbardi, City Attorney Ordinance 1199 Page 2 of 5 BENNETT EASEMENT CLOSURE EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND LYING LOTS SEVEN (7), AND EIGHT (8), BLOCK FOUR (4), GRACELAND ACRES, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT EIGHT (8), THENCE S01°25'19" FOR A DISTANCE OF 351.35 FEET TO THE POINT OF BEGINNING; THENCE N88°35'08 "E FOR A DISTANCE OF 285.22 FEET TO A POINT ON THE EAST LINE OF SAID LOT SEVEN (7); THENCE S01°58'43 "E AND ALONG THE EAST LINE OF SAID LOT SEVEN (7) FOR A DISTANCE OF 10.00 FEET; THENCE S88°35'08 "W FOR A DISTANCE OF 285.32 FEET TO A POINT ON THE WEST LINE OF SAID LOT EIGHT (8); THENCE N01°25'06"W FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 2,852 SQUARE FEET OR 0.07 ACRES MORE OR LESS. LEGAL DESCRIPTION WAS PREPARED ON AUGUST 10, 2022 BY CLIFF BENNETT, PLS #1815 WITH THE BEARINGS BASED ON THE WEST LINE OF SAID LOT EIGHT (8), BLOCK FOUR (4), GRACELAND ACRES, AS BEING S01°25'19 "E. SURVEYOR'S CERTIFICATE I, 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 10TH DAY OF AUGUST, 2022. CLIFF CLIFF BENNETT, PLS BENNETT OKLAHOMA NO.1815 CERT. OF AUTH. NO. 4502 1815 EXP. DATE JUNE 30, 2024 FILE 201241 LG -IA PAGE I OF EASEMENT CLOSURE EXHIBIT "A" Page 2 of 2 Scale: 1"=50' 0 25 so 100 NORTHWEST CORNER OF LOT EIGHT (8), BLOCK FOUR (4), GRACELAND ACRES (POINT OF COMMENCEMENT) POINT OF BEGINNING R 14 E 88th Street Nor Map 2,852 SQ. FT. S LIAS ENNETT BEING SO1'25'19"E. URVEYING, INC. 2. SEE EXHIBIT "A" PAGE 1 FOR LEGAL DESCRIPTION AND SURVEYOR'S Box am CNao�no, 6N 743P CERTIFICATE. C.A. No: 4502t9EW. DATE 6/30/24 2,852 SQ. FT. R 0.07 ACRES± N88'35'08 "E S01'58'43 "E Notes ipp.o. 1 OF SA D BEARING BASE WEST S LIAS ENNETT BEING SO1'25'19"E. URVEYING, INC. 2. SEE EXHIBIT "A" PAGE 1 FOR LEGAL DESCRIPTION AND SURVEYOR'S Box am CNao�no, 6N 743P CERTIFICATE. C.A. No: 4502t9EW. DATE 6/30/24 EASEMENT CLOSURE EXHIBIT "A" LEGAL DESCRIPTION POINT OF BEGINNING: North: 467572.3693' East: 2608185.8624' Segment 41 : Line Course: N88 °35'08 "E Length: 285.22' North: 467579.4098' East: 2608470.9955' Segment #2 : Line Course: S01 °58'43 "E Length: 10.00' North: 467569.4157' East: 2608471.3408' Segment #3 : Line Course: S88 135'08 "W Length: 285.32' North: 467562.3728' East: 2608186.1077' Segment #4 : Line Course: N01 °25'06 "W Length: 10.00' North: 467572.3698' East: 2608185.8602' Perimeter: 590.54' Area:0.07acres Error Closure: 0.0023 Course: N79 °04'06 "W Error North: 0.00043 East: - 0.00223 Precision 1:256756.52 APPROVED BY COUNCIL TO: The Honorable Mayor and City Council OCT 18 2022 FROM: Alexa Beemer, AICP City Planner SUBJECT: Ordinance 1199, Utility Easement Closure Request - Lots 7 and 8, Block 4, Graceland Acres DATE: October 14, 2022 BACKGROUND: The Community Development Department received a request from Wallace Design Collective for the closing of a ten -foot (10') utility easement. The location of the easement lies on Lots 7 and 8, Block 4, Graceland Acres (northeast corner of East 761h Street North and North 129 +h East Avenue). The property is currently undeveloped. The easement essentially bisects the property, which could pose an issue with future development. The easement is active, having an overhead electrical line running within it. Closure of the easement will likely result in rerouting the electric line, at the expense of the property owner. Required notice was 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 impacts to future utilities. No other utilities appear to be affected by the closing of this portion of the easement. No utility companies had an issue with the proposed closing of the easement, so long as new easements, if needed, are dedicated per the individual needs of each utility company. The applicant has indicated that they intend to replat the property, and would dedicate any needed new utility easements at that point. If City Council were to approve this easement closure request, the applicant is advised to take this item to District Court and file for vacation of the easement, which will completely remove it from the books. RECOMMENDATION: Staff recommends adoption of Ordinance 1199, approving the closure of the 10' utility easement located on Lots 7 8, 8, Block 4 of Graceland Acres. ATTACHMENTS: Ordinance 1199 Legal Exhibits Weekly Group CITY OF OWASSO /LEGALS Attn Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter Sand Springs Leader Skiatook Journal Wagoner County American-Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1095023 Date October 26, 2022 Date Category Description Ad Size Total Cost 10126/2022 Legal Notices ORD 1199 2 x 65.00 CL 83.20 781197 Published in the OWasw Reporter, Owasso, Tulsa County, Oklahoma, October 26, 2022 CITY OF OWASSO, OKLAHOMA ORDINANCE 1199 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILI- TY EASEMENT LOCATED ON PROPERTY DESCRIBED AS PART OF LOTS SEVEN (7I-. AND EIGHT (8), BLOCK FOUR (4) GRACELAND ACRES, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO -THE RECORDED PLAT NO. 7095 WHEREAS, the City of Owasso, Oklahoma has deemed It necessary and exudient to close talIle public use a portion of a certain public utility comment herein attach'ed'as Exhlb. it "A "; and, WHEREAS, Jhe City of Owasso retains the absolute right to reopen the some Without expense -t0: the- municipality, and repealing all ordinances or Parts of ordinances in conflict herewith. NOW, THEREFORE, BE IT ORDAINED j3Y THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO,WIT: SECTION 1. A TRACT OF LAND LYING LOTS SEVEN (7), AND EIGHT (8), BLOCK FOUR (4), GRACELAND ACRES, TULSA COUNTY, STATE OF OKLAHOMA, ACCORD. ING TO THE RECORDED PLAT THFRFOF- ANn RF- LOT SEVEN (7); THENCE 501' Sr 43' E AND ALONG THE EAST LINE OF SAID LOT SEVEN (7) FOR A DIS- TANCE OF I11.00 FEET; THENCE S118-35' 08' W FOR A DISTANCE OF 285.32 FEET TO A POINT ON THE WEST LINE OF SAID LOT EIGHT (8); THENCE Nor - 2Y 06' W FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 2,852 SQUARE FEET OR 0.07 ACRES MORE OR LESS. The same is hereby closed for public use as a utility eose- ment. SECTION 2 All ordinances or parts of ordinances in conflict with this or- dinance are hereby expressly repealed. SECTION Y_ All ordinances or Parts of ordinances in conflict with this or- dinance are hereby repealed to the extent of the conflict only. SECTION 4. If any Part or Parts of this ordinance are deemed unconslltu. tional, invalid or, ineffective, the remaining Portion, shall not be affected but shall remain In full force and effect: " SECTION 5 - The prowslons of this ordinance shall ucomq effegtive thirty (3)) days fram }he date of final passage pspravloo by state law. SECTION 6. There shall be`fled in the of{ce of the County Clerk Tulsa County, Oklahoma, a true and correct copy a this Ordinance.. PASSED AND ADOPTED this 18th day of October, 2022 Is/Kelly Lewis, Mayor ATTEST: /s/JUliann M: Stevenfi CDy.Cierk 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 r otice, 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 10/26/2022 Newspaper reference: 0000781197 Legal Representative Sworn to and subscribed before me this date: Notary Public , NOTARY PUBLIC $TPTE OF OKLAHOMA COmMIS191ON RPIKS SEP: 11, 2023 My Commission' COMMISSION # 19009197