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HomeMy WebLinkAbout1232_Stormwater Drainage Easement Closure_Smith Farm VillageTulsa County Clerk - MICHAEL WILLIS �r'�:•`,� °00 Doc #: 2025050058 Page(s): 7 06/101202510:12:27 AM :.. 7 '••�.. 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 All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed.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 All ordinances or parts of ordinances, in conflict with this ordinance, are hereby repealed to the extent of the conflict only.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 } SS. COUNTY OF Tt,,A aa`UUtNutnrq//r/ `,aaa�tigK Tel �'% H O M p,,,aaaaaaaaa` e 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 Wagoner Co unty y Exp. 11 71V]gC7C M% 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 4 � S i P 7 y� � Pr _ i II ... a µ„� Q Gd G9 V' Of N i a �"sy fH v Aerial Map N °.°' 0.02 °.°` 0.05 0.07 Easement Closures- Smith Farm Village, Block 8 Subject q Mlles N 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