HomeMy WebLinkAbout1232_Stormwater Drainage Easement Closure_Smith Farm VillageTulsa County Clerk - MICHAEL WILLIS
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06/101202510:12:27 AM
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'••�.. Receipt#:2025-34229
Okl4NGK.Pd Fees: $30.00
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1232
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A STORMWATER
DRAINAGE EASEMENT LOCATED IN THE NORTHWEST QUARTER (NW/4) OF SECTION
TWENTY (20), T-21-N, R-14-E OF THE I.B.&M., AND ACCORDING TO RECORDED
INSTRUMENT NO. 2007101848 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 the stormwater drainage easement 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 part of Lot Two (2), Block Eight (8), Smith Farm Village, Blocks Seven (7),
Eight (8), Nine (9), Ten (10) & Eleven (11), 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 SOUTHWEST CORNER OF SAID LOT 1, BLOCK 8; THENCE NORTH 01012'17"
WEST ALONG THE WEST LINE THEREOF 157.40 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 0101217" WEST ALONG THE WEST LINE OF SAID LOTS 1 AND 2 A DISTANCE OF
37.92 FEET; THENCE SOUTH 42027'04" EAST 249.84 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE
SOUTH 62011'30" WEST ALONG SAID SOUTH LINE 16.46 FEET; THENCE SOUTH 88045,25" WEST AND
CONTINUING ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 12.06 FEET; THENCE NORTH
42027'04" WEST 209.22 FEET TO THE WEST LINE OF SAID LOT 1 AND THE POINT OF BEGINNING. SAID
TRACT OF LAND CONTAINS 5,783.2 SQ. FEET OR 0.13 ACRES. BEARINGS ARE BASED UPON THE
RECORDED PLAT OF SMITH FARM VILLAGE, BLOCKS 7, 8, 9, 10 & 11, PLAT NO. 7018.
The same is hereby closed for public use as stormwater drainage 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repealed.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All ordinances or parts of ordinances, in conflict with this ordinance, are hereby repealed to the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 1232
Page 1 of 7
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 20th day of May, 2025.
Alvin Fruga, May
Ordinance 1232
Page 2 of 7
Tulsa County Clerk- EARLENE WILSON ++ JJ EXHIBIT "A" f
Doc# 2007101848 Pages 3 I����������I����������������������������������I1111If INNil (11I1111
Receipt# 944594 09/10/07 11:19:41 Fee 17.00 9000944594002m
(Y� STORM DRAINAGE EASEMENT "B"
KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of value received, the undersigned owner or owners, as the
case may be, do hereby grant and dedicate to the City of Owasso a storm drainage
easement and right-of-way over and across the following described property situated in
the County of Tulsa, State of Oklahoma, to -wit:
See Attached Exhibit "A
with ingress and egress to and from the same; which easement and right-of-way grant
shall be for the purpose of allowing the City of Owasso to at all times have a right to
enter said easement for the purpose of installing, constructing, reconstructing,
!n maintaining, repairing, operating and inspecting all infrastructure or other appurtenances
O in said easement; and for the conveyance of storm run-off and drainage water.
Grantor(s) hereby agree that they will never erect, place or maintain, or permit to be
p erected, placed or maintained, any building, structure, tree, shrub, concrete or any other
by improvement of any nature whatsoever on such easement, nor excavate or fill said
easement without written' consent from the City of Owasso.
The City and its contractors shall have free access to the easement, and shall have the
right to trim or cut tree roots as may endanger or interfere with the function of this
easement, and shall further have free access to the facilities and every part thereof, for the
purpose of exercising the rights granted herein
TO HAVE AND TO HOLD the said easement for storm drainage unto the City of
Owasso, forever; the consideration hereof being in full payment for the rights and
privileges herein granted.
EXECUTED this Z_Ht" day of ► l)lut 2007.
The Hayward & BOty SmitVFa�y, Q.L.C.
Betty Smith, Manager
ACKNOWLEDGEMENT
STATE OF Oklahoma
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COUNTY OF Tt,,A
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2007101848 Page 2 of 3
Before me, the undersigned, a Notary Public in and for said County and State, on
this 214AA dayof, &ALAV , 2007, personally appeared
Betty Smith, to me known to be the identical person who subscribed the name of the
maker as Manager thereof to the within and foregoing instrument as its grantee, and
acknowledged to me that she executed the same as her free and voluntary act and deed
for the uses and purposes therein set forth.
Given under my hand and seal of office the day and year last above written.
My Commission Expires: 1 62
My Commission Number: Ot)[5)60q
NOTARY PUBLIC
004009932
Notary Public0klahomaOFFICIAL SEALM. MOSRIc!ON
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2007101848 Page 3 of 3
EXHIBIT "A"
A TRACT OF LAND THAT IS PART OF THE WEST HALF (W/2) OF SECTION
TWENTY (20), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN
(14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE
OF OELAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT
SURVERY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO WIT:
COMMENCING AT A POINT THAT IS THE SOUTHWEST CORNER OF THE
NW/4 OF SAID SECTION 20; THENCE NORTH 00104136" EAST ALONG THE
WESTERLY LINE OF SAID SECTION 20 FOR 1051.97 FEET; THENCE SOUTH
89055'52" EAST FOR 243.66 FEET; THENCE NORTH 00°04136" EAST FOR
136.23 FEET; THENCE NORTH 45104136" EAST FOR 176.44 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 41110122" WEST FOR 467.73 FEET;
THENCE NORTH 00004'36" EAST FOR 37.92 FEET; THENCE SOUTH
41010'22" EAST FOR 494.60 FEET; THENCE SOUTH 45104136" WEST FOR
25.05 FEET TO THE POINT OF BEGINNING.
SAID PARCEL OF LAND BEING 12,209 S.F. OR 0.276 ACRES, MORE OR LESS
PLAT OF SURVEY
25' WIDE STORM DRAINAGE EASEMENT TO BE CLOSED
R 14 E EXHIBIT "A" INDEX
EAST 96th STREET NORTH PAGE 1 of 2 PLAT OF SURVEY .......... SHEET 1
LEGAL DESCRIPTION .... SHEET 2
20
LOCATION MAP
SCALE: 1 "=3000'
T
21 z
N
A
POINT OF BEGINNING/2
77
o
V N
O V
a
0
SCALE: 1"= 100'
0' 50, 100, 200'
LOT3,BLOCK8
LOT 2,BLOCK 8
SMITH FARIYI VILLAGE
BLOCKS 7,8,9,10&I1
— — — — _ J
L3 ��L2 25' STORM DRAINAGE
RESERVE "A" EASEMENT
POINT OF COMMENCEMENT DOC. #2007101848
SW CORNER \
LOT 1, BLOCK 8 ( LINE BEARING DISTANCE
L1 N 01°12'17" W 37.92,
L2 S 62°11'3D" W 16.46
SURVEYOR'S CERTIFICATION L3 S 88°45'25" W 12.06'
FRITZ LAND SURVEYING, LLC AND THE UNDERSIGNED PROFESSIONAL LAND SURVEYOR, UNDER
CERTIFICATE OF AUTHORIZATION CA #5848, DO HEREBY STATE THAT THIS PLAT OF SURVEY AND
LEGAL DESCRIPTION IS A TRUE AND ACCURATE REPRESENTATION OF THE RECORD CONDITIONS AT
THE TIME OF THE SURVEY. THIS PLAT OF SURVEY IS INTENDED TO ILLUSTRATE THE PROPOSED 25'
WIDE STORM DRAINAGE EASEMENT TO BE CLOSED AND FEATURES OF THE PROPERTY HAVE BEEN
OMITTED FOR CLARITY. THAT THIS IS A TRUE REPRESENTATION OF THE EASEMENT AS DESCRIBED.
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: JANUARY 3, 2025.
WITNESS MYHAND AND SEAL THIS I Ilh DAY OFFEBRUARY, 2025OP
S t o N q
FRITZ LAND SURVEYING, LLC
524 EAST MAIN STREET, JENKS, OK 74037
PH:918-528-5121
FRITZLAN DSURVEYING@GMAIL.COM
C.A. # 5848 EXPIRES: 6-30-2026
FLS 24426
PAGE 1 OF 2
a ANDY N
w FRITZ
i 1694 m`
ANDY FRITZ, PLS
OK LIC. 1694 vie �O
CA #5848 EXR 06,30.2026 LAHCMP
LEGAL DESCRIPTION
25' WIDE STORM DRAINAGE EASEMENT TO BE CLOSED
EXHIBIT "A"
PAGE 2 of 2
LEGAL DESCRIPTION - EXISTING EASEMENT DOC. #2007101848
LEGAL DESCRIPTION - 25' WIDE STORM DRAINAGE EASEMENT TO BE CLOSED
A TRACT OF LAND THAT IS PART OF LOT TWO (2), BLOCK EIGHT (8), SMITH FARM VILLAGE, BLOCKS
SEVEN (7), EIGHT (8), NINE (9), TEN (10) & ELEVEN (11), 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 SOUTHWEST CORNER OF SAID LOT 1, BLOCK 8;
THENCE NORTH 01 °12'17" WEST ALONG THE WEST LINE THEREOF 157.40 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 01"12'17" WEST ALONG THE WEST LINE OF SAID LOTS 1 AND 2 A
DISTANCE OF 37.92 FEET;
THENCE SOUTH 42°27'04" EAST 249.84 FEET TO THE SOUTH LINE OF SAID LOT 1;
THENCE SOUTH 62'1 V30" WEST ALONG SAID SOUTH LINE 16.46 FEET;
THENCE SOUTH 88'45'25" WEST AND CONTINUING ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE
OF 12.06 FEET;
THENCE NORTH 42'27'04" WEST 209.22 FEET TO THE WEST LINE OF SAID LOT 1 AND THE POINT OF
BEGINNING.
SAID TRACT OF LAND CONTAINS 5,783.2 SQ. FEET OR 0.13 ACRES.
BEARINGS ARE BASED UPON THE RECORDED PLAT OF'SMITH FARM VILLAGE, BLOCKS 7, 8, 9, 10 & 11,
PLAT NO. 7018,
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 AND
LEGAL DESCRIPTION IS A TRUE AND ACCURATE REPRESENTATION OF THE RECORD CONDITIONS AT
THE TIME OF THE SURVEY. THIS PLAT OF SURVEY AND LEGAL DESCRIPTION IS INTENDED TO
ILLUSTRATE THE PROPOSED 25WIDE STORM DRAINAGE EASEMENT TO BE CLOSED AND FEATURES
OF THE PROPERTY HAVE BEEN OMITTED FOR CLARITY. THAT THIS IS A TRUE REPRESENTATION OF
THE EASEMENT AS DESCRIBED. 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: JANUARY 3, 2025.
WITNESS MYHANDANOSEAL THIS 9>thDAYOFFEBRUARY,2075a X0NAL 49�0
FRITZ LAND SURVEYING, LLC ANDY N
524 EAST MAIN STREET, JENKS, OK 74037 w FRITZ M
FRITZL-NDSU 21 2 1694
FRITZLANDSURVEYING@GMAIL.COM ANDY FRITZ, PLS Z'
C.A. # 5848 EXPIRES: 6-30-2026 OK LIC. 1694 `�% �0
FLS 24426 CA #5848 EXP. 06.30.2026
24426 EASEMENT CLOSURE REPORT
Tue Feb it 13:03:38 2025
Northing Easting Bearing
476739.246 2602676.645
476777.160
476592.811
476585.130
476584.868
476739.246
Distance
N O1012'17" W 37.922
2602675.848
S 42027'04" E 249.844
2602844.483
2602829.920
2602817.863
2602676.645
S 62011'30" W 16.464
S 88045125" W 12.059
N 42027'04" W 209.224
Closure Error Distance> 0.00000
Total Distance> 525.515
Polyline Area: 5783.2 sq ft, 0.13 acres
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TULSAWORLD
AFFIDAVIT OF PUBLICATION
Tulsa World
315 S. Boulder Ave., Tulsa, OK 74103
(918) 582-0921
I, Edmar Corachia, 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 Tulsa World, a publication that is a "legal
newspaper" as that phrase is defined for the city of Tulsa, 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:
• Jun 5, 2025
Notice ID: RURAImOcznDYGkYvcpgG
Notice Name: 1232_easement closure smith farm village bloc
Publication Fee: $82.56
I state under penalty of perjury under the laws of Oklahoma that the foregoing
is true and correct.
E4mAr GOrAGIiIA
Agent
VERIFICATION
State of Florida
County of Broward
\\\\tPa�villhb/i��� SHERI SMITH
9 eel Notary ullState Florida
Commission # HH269363
EWires on Mey 31, W26
Signed or attested before me on this: 06/06/2025
,&A
Notary Public
Notarized remotely online using communication technology via Proof.
See Proof on Next
Page
1232_easement closure smith farm village bloc I Page 1 of 2
Published in the Tulsa World, Tulsa, Tulsa County, Oklahoma, June
5, 2025
CITY OF OWASSO, OKLAHOMA, ORDINANCE 1232 - CLOSING TO THE
PUBLIC USE A PORTION OF A SfORMWATER DRAINAGE EASEMENT
LOCATED IN THE NORTHWEST QUARTER (NW14) OF SECTION TWENTY
(20), T-21-N, R-14-E of the I.B.&M., AND ACCORDING TO RECORDED
INSTRUMENT NO. 2007101848 AS FILED IN TULSA COUNTY WHERE-
AS, the City of Owasso, Oklahoma, has deemed it necessary and expe-
dient to close to the public use a portion of the stormwater drainage
easement attached as Exhibit 'A"; and, WHEREAS, the City of Owasso
retains the absolute right to reopen the same without expensetothe mu-
nicipallty, 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 part of Lot Two (2), Block El ht (8), Smith Farm Village, Blocks Seven
(7), Eight (B), Nine (9), Ten (10? & Eleven (11), an addition to the City of
Owasso,Tuisa County, State of Oklahoma, according to the recorded plat
thereof, being more particularly described as follows: COMMENCING AT
THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 8; THENCE NORTH
01'1T17' WEST ALONG THE WEST LINE THEREOF 157.40 FEETTO THE
POINT OF BEGINNING; THENCE CONTINUING NORTH 01'12'17" WEST
ALONG THE WEST LINE OF SAID LOTS 1 AND 2 A DISTANCE OF 37.92
FEET; THENCE SOUTH 42-27-04" EAST 249.84 FEETTO THE SOUTH LINE
OF SAID LOT 1; THENCE SOUTH 62'11'30" WEST ALONG SAID SOUTH
LINE 16.46 FEET; THENCE SOUTH BB'45'25" WEST AND CONTINUING
ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 12.06 FEET;
THENCE NORTH 42'27'04" WEST 209.22 FEET TO THE WEST LINE OF
SAID LOT 1 ANDTHE POINTOF BEGINNING. SAID TRACTOF LAND CON-
TAINS 5,783.2 SQ. FEET OR 0.13 ACRES. BEARINGS ARE BASED UPON
THE RECORDED PLAT OF SMITH FARM VI LLAGE, BLOCKS 7, 8, 9,10 & 11,
PLAT NO.701 B. The same is hereby closed for public use as stormwater
drainage easement. SECTION 2. All ordinances or parts of ordinances
in conflict with this ordinance are hereby expressly repealed. SECTION
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 15— 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 Corn-v, :.-)klahoma, a true and correct coy of
this Ordinance. PASSED AND A60PTED this 20th day of May, 2025. Isl
Alvin Fruga, Mayor
COL-TUL-101752
1232_easement closure smith farm village bloc I Page 2 of 2