HomeMy WebLinkAbout1216_Easement Closure_15'_Amended Plat of Atchison, Topeka & Santa Fe_401 W 2 AveTulsa County Clerk - MICHAEL WILLIS
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11/01/2023 09:34:13 AM
Receipt # 2023-60692
Fees: $32.00
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1216
AN ORDINANCE CLOSING TO THE PUBLIC USE OF A UTILITY EASEMENT LOCATED
WITHIN PROPERTY DESCRIBED AS 401 WEST 2ND AVENUE, OWASSO, OKLAHOMA,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED EASEMENT
IN BOOK 4639, PAGE 1373, 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 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 described as follows:
A 15' UTILITY EASEMENT THAT IS PART OF LOT ONE (1) OF THE AMENDED PLAT OF
ATCHISON, TOPEKA AND SANTA FE, AN ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORD PLAT THEREOF, BEING
MORE PARTICULARLY DESCRIBES AS FOLLOW, TO -WIT:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 89 °00'41"
WEST ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 162.20 FEET; THENCE
NORTH 00 048'16" WEST ALONG THE WEST LINE OF AN EXISTING 15' WATERLINE
EASEMENT RECORDED IN BOOK 4639 AT PAGE 1373 IN THE TULSA COUNTY CLERK'S
OFFICE, A DISTANCE OF 173.64 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID EXISTING 15' WATERLINE EASEMENT FOR THE FOLLOWING
FIVE COURSES: THENCE NORTH 00°48'16" WEST A DISTANCE OF 118.90 FEET; THENCE
SOUTH 89°19'40" WEST A DISTANCE OF 57.52 FEET; THENCE NORTH 00°40'20" WEST A
DISTANCE OF 15.00 FEET; THENCE NORTH 89°19'40" EAST A DISTANCE OF 72.48 FEET;
THENCE SOUTH 00°48'16" EAST A DISTANCE OF 133.88 FEET; THENCE LEAVING THE EAST
LINE OF SAID 15' WATERLINE EASEMENT, SOUTH 89°11'44" WEST A DISTANCE OF 15.00
FEET TO THE POINT OF BEGINNING. CONTAINING 2,870.72 SQ. FT. OR 0.066 ACRES,
MORE OR LESS.
The same 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repealed.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All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the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.
Ordinance 1216
Page 1 of 8
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 ADOPTED this 17th day of October, 2023
Kelly Lewis, Mayor
ATTEST: Juliann M. Stevens, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
Ordinance 1216
Page 2 of 8
Aerial Map: Easement Closure- Lot 1, Atchison Topeka
& Santa Fe Amended
EXHIBIT "A"
LEGAL DESCRIPTION
A 15' Utility Easement that is part of Lot One (1) of the AMENDED PLAT OFATCHISON, TOPICA
AND SANTA FE, an Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the
recorded Plat thereof, being more particularly described as follows, to -wit:
COMMENCING at the Southeast corner ofsaid Lot 1; Thence South 89°00'41" West along the South
line of said Lot 1 a distance of 162.20 feet; Thence North 00 "48'16" West along the West line of an
existing 15' waterline easement recorded in Book 4639 at Page 1373 in the Tulsa County Clerk's Office,
a distance of 173.64 feet to the POINT OF BEGINNING; Thence continuing along said existing 15'
waterline easement for the following five courses:
Thence North 00°48'16" West a distance of 118.90 feet;
Thence South 89°19'40" West a distance of 57.52 feet;
Thence North 00°4020" West a distance of 15.00 teet,
Thence North 89°1940" East a distance of 72.48 Wt;
Thence South 00°48'16" East a distance of 133.88 feet,
Thence leaving the East line of said 15' watedine easement, South 89 "11'44" West a distance of 15.00
feet to the POINT OF BEGINNING.
Containing 2,870.72 Sq. Ft. or 0.066 Acres, more or less.
I, Troy Dee, herewith state that the above plat is a true and correct representation of a survey made on the ground, under my supervision Witness my
signature and surveyors seal this 29th day of August, 2023.
Troy PLS 1X1745
ust29, 2023
Vrainance 1216
Page 4 of 8
SOLUEN Prepared By
LAND SURVEYING
4131 N.W. 122nd St, Suite 100, Oklahoma City, Okfaboma 73110
C.A.# 7263/ Exp. Date - 613012014
Telephone: (405) 802 -7863 Email: b-oy@ggidenis.wm
Drafted by: CT GLS Job No.: 231316
Plot Date: Augusf 291h, 2023 Sheet 1 Of 2
exhibit
prepared by
golden
land surveying
troy dee pls #1745
August 29, 2023
CLOSURE REPORT
Parcel Name: Easements - Vacate Area
Description:
Process segment order counterclockwise: False
Enable mapcheck across chord: False
North:467,429.56' East :2,599,431.67'
Segment# 1. Line
Course: N1°17'22"W Length: 15.00'
North: 467,444.56' East: 2,599,431.33'
Segment#2: Line
Course: N89°19'40"E Length: 64.27'
North: 467,445.31' East., 2,599,495.60'
Segment# 3: Line
Course: S0°48'16"E Length: 133.86'
North: 467,311.46' East: 2,599,497.48'
Segment# 4: Line
Course: S89°11'44 "W Length: 15.00'
North: 467,311.25' East 2,599,482.48'
Segment# 5: Line
Course: N0°48' 16"W Length: 118.90'
North: 467,430.14' East. 2,599,480.81'
Segment# 6: Line
Course: S89°19'40 "W Length:49.14'
North: 467,429.56' East., 2,599,431.67'
Perimeter., 396.17' Area: 2,746.28Sq.Ft.
Error Closure: 0.01 Course: N3°30' 39 "E
Error North : 0.005 East. 0.003
Precision 1: 39,617.00
1, Troy Dee, herewith state that the above plat is a true and correct representation of a survey made on the ground, under my supervision Witness my
signature and surveyors seal this 29th day ofAugust, 2023.
Troy PLS #1745
ust 29, 2023
Ordinance 1216
Page 6 of 8
Prepared By
90LOEN
LANO SURVEYING
4131 N, W, 122nd St, Suite 100, Oklahoma City, Oklahoma 7
C.A.#7263 /Exp. Date = 613012024
Telephone: (405) 802 -7883 Email: tmy @goldenls.mm
Drafted by CT GLS Job No.: 231316
plot Date: Aaguat 29th, 2023 Sheet I Oft
5157 E 51st St Tulsa Oklahoma
84725 BOOK4639 PAGE 1373
WATER EASEMENT
KNOW ALL MEN BY'THESE PRESENTS: "
That the Undersigned, Phillips Petroleum Company, the owner of the
legal and equitable title to the following escribed real estate situated in
the City of Owasso, Tulsa County, State of Oklahoma, for and in consideration
of the sum of One Dollar ($1.00) cash in hand paid by the City of Owasso.
Oklahoma, and other good and valuable considerations, receipt of which are
hereby acknowledged, does hereby grant and convey unto the said City of Owasso,
Oklahoma, a perpetual easement, through, over, under, and across the following
described property, situated in said County, to-wit; '
A Strip of land,15 feet in width in Lot 1, Block 1, Atchison, TopekaN
and Santa Fe, an Addition to the City of Owasso, Tulsa County, State
of Oklahoma, according to the recorded plat thereof, the centerline
of which is described as follows, to -wit:
Beginning at a point in the south line of Section 30, T 21 N, R14 E.
Tulsa County, State of Oklahoma, said point being located 709.68 feet
west of the south quarter corner of said Section 30; thence N 0° -
07' 56" W a distance of 350 feet to a point; thence due west a dis-
tance of 65 feet to a paint at the termination of the aforesaid strip
of land,
for the purpose of permitting the City of Owasso to construct a water main thereon,
through, over, under and across said property, together with all necessary and con-
venient appurtenances thereto; and to use and maintain the same and of affording
the City of Owasso, its officers; "agents, employees, and /or all persons under con-
tract with it, the right to enter upon said premises and strip of land for the
purpose of enabling the City of Owasso to do any and all convenient things inci-
dent to such construction, operation, repairing, and maintaining of such water
main.
TO HAVE AND TO HOLD such easement and right -of -way unto, the City of
Owasso, its successors or assigns, forever. -
DATED this 21st day of September, 1982
STATE OF OKLAHOMA )
) SS
COUNTY OF WASHINGTON)
On this JIS+ day of before me,
the undersigned, a Notary Pub ic, in and for the County and State aforesaid,
personally appeared
to me known to be the identical person who subscribed the name of the maker
thereof to the foregoing instrument as its and acknowledged
to me that executed the same as b- o free and voluntary act and
deed, and as the free and voluntary act and deed of such corporation, for the
uses and purposes therein set forth.
my hand and seal the day and year last above written.
Ordinance 1216
Page 7 of 8
TO: The Honorable Mayor and City Council
FROM: Wendy Kramer, City Planner
SUBJECT: Ordinance 1216 - Utility Easement Closure Request- Lot 1, Amended Plat of
Atchison, Topeka & Santa Fe
DATE: October 13, 2023
BACKGROUND:
APPROVED BY COUNCIL
OCT 17 2023
The Community Development Department received a request from Wallace Design Collective for
the closing of a fifteen -foot (15') utility easement on the property located at 401 West 2nd Avenue.
The easement lies on part of Lot 1, Amended Plat of Atchison, Topeka & Santa Fe. The property is
actively under construction expanding the current building on site.
The easement is in the middle of the property and is posing an issue with current building expansion
on the property, as the proposed footprint of the building falls on top of the subject easement. The
easement is active, having a waterline running within it. Closure of the easement will result in the
need to relocate the waterline.
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. The applicant is aware that a new easement
will need to be dedicated when the waterline is relocated, and has been working with the Public
Works Department on this process. 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.
Upon City Council action to close the easement, 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.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the request at their September 20, 2023 regular
meeting. No comments or concerns regarding negative impacts to utilities were expressed at the
meeting.
RECOMMENDATION:
Staff recommends adoption of Ordinance 1216, approving the closure of the fifteen -foot (15') utility
easement located on Part of Lot 1, Amended Plat of Atchison, Topeka & Santa Fe as described in
attached legal description exhibit.
ATTACHMENT:
Ordinance 1216
AFFIDAVIT OF PUBLICATION
Owasso Reporter
202 E 2nd Ave
(918) 272 -1155
1, Bailee Liston, of lawful age, being duly sworn upon oath depose and say that I
am an agent of Column Software, PBC, duly appointed and authorized agent of
the Publisher of Owasso Reporter, a publication that is a "legal newspaper" as
that phrase is defined for the city of Owasso, for the County of Tulsa, in the state
of Oklahoma, that this affidavit is Page 1 of 2 with the full text of the sworn -to
notice set forth on the pages that follow, and that the attachment hereto contains
the correct copy of what was published in said legal newspaper in consecutive
issues on the following dates:
PUBLICATION DATES:
Oct. 25, 2023
Notice ID: x7ytkLAbNgrBKVZeth45
Publisher ID: 59074
Notice Name: ORDINANCE 1216
PUBLICATION FEE: $86.92
I state under penalty of perjury under the laws of Oklahoma that the foregoing is
true and correct.
Notary Public
Notarized online using audio -video communication
See Proof on Next Page
ORDINANCE 1216 - Page 1 of 2
Agent
PAMELA BAEZ
Notary Public - State or Florida
commission # teorao
VERIFICATION
State of Florida
County of Orange
Signed or attested before me on this: 10/25/2023
Notary Public
Notarized online using audio -video communication
See Proof on Next Page
ORDINANCE 1216 - Page 1 of 2
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
October 25, 2023
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1216
AN ORDINANCE CLOSING TO THE PUBLIC USE OF A UTILITY EASEMENT LOCATED
WITHIN PROPERTY DESCRIBED AS 401 WEST 2ND AVENUE, OWASSO, OKLAHOMA,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED EASEMENT
IN BOOK 4639, PAGE 1373, 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 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 described as follows:
A 15' UTILITY EASEMENT THAT IS PART OF LOT ONE (1) OF THE AMENDED PLAT OF
ATCHISON, TOPEKA AND SANTA FE, AN ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORD PLAT THEREOF, BEING
MORE PARTICULARLY DESCRIBES AS FOLLOW, TO -WIT:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 89 °00'41"
WEST ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 162.20 FEET; THENCE
NORTH 00 048'16" WEST ALONG THE WEST LINE OF AN EXISTING 15' WATERLINE
EASEMENT RECORDED IN BOOK 4639 AT PAGE 1373 IN THE TULSA COUNTY CLERK'S
OFFICE, A DISTANCE OF 173.64 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID EXISTING 15' WATERLINE EASEMENT FOR THE FOLLOWING
FIVE COURSES: THENCE NORTH 00°48'16" WEST A DISTANCE OF 118.90 FEET; THENCE
SOUTH 89°19'40" WEST A DISTANCE OF 57.52 FEET; THENCE NORTH 00°40'20" WEST A
DISTANCE OF 15.00 FEET; THENCE NORTH 89°19'40" EAST A DISTANCE OF 72.48 FEET;
THENCE SOUTH 00°48'16" EAST A DISTANCE OF 133.88 FEET; THENCE LEAVING THE EAST
LINE OF SAID 15' WATERLINE EASEMENT, SOUTH 89°11'44" WEST A DISTANCE OF 15.00
FEET TO THE POINT OF BEGINNING. CONTAINING 2,870.72 SQ. FT. OR 0.066 ACRES,
MORE OR LESS.
The same 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.
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 17th day of October, 2023
Kelly Lewis, Mayor
ATTEST: Juliann M. Stevens, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney