Loading...
HomeMy WebLinkAbout241_Vacating Sewer Easement in Alley between E 2nd and E 3rdORDINANCE NUMBER 241 AN ORDINANCE AMENDING ORDINANCE NO. 131 ENTITLED "AN ORDINANCE VACATING, DISCONTINUING AND ABANDONING A PUBLIC ALLEY LOCATED AND RUNNING THROUGH THE CENTER OF BLOCK TWENTY-SIX (26) OF THE ORIGINAL TOWNSITE OF THE TOWN OF OWASSO, OKLAHOMA, BETWEET EAST SECOND AVENUE AND EAST THIRD AVENUE IN SAID TOWN OF OWASSO, AND VACATING ALL SEWER AND UTILITIES UPON SAID ALLEYWAY; VACATING, DISCONTINUING AND ABANDONING A SEWER EASEMENT AND SEWER LINE EXTENDING FROM THE CENTER OF SUCH ABANDONED ALLEYWAY THENCE EAST TO MANHOLE ON THE EAST SIDE OF BIRTH STREET IN SAID TOWN, ALL BEING MORE PARTICULARLY DESCRIBE DIN THE ORDINANCE; DELCARING ABANDONED SEWER LINES TO BE PRIVATE PROPERTY OF OWNER OF THE LAND UPON WHICH SAME IS LOCATED; DISCONTINUING FURTHER MAINTENANCE OF SUCH ABANDONED SEWER LINES, AND DECLARING AN EMERGECNY" ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA, ON DECEMBER 7, 1970, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE COUNCIL FO THE CITY OF OWASSO, OKLAHOMA: Section 1. Section 2 of Ordinance No. 131, entitled "AN ORDINANCE VACATING, DISCOUNTINUING AND ABANDONING A PUBLIC ALLEY LOCATED AND RUNNING THROUGH THE CENTER OF BLOCK TWENTY-SIX (26) OF THE ORIGINAL TOWNSITE OF THE TOWN OF OWASSO, OKLAHOMA, BETWEEN EAST SECOND AVENUE AND EAST THIRD AVENUE IN SAID TOWN OF OWASSO, AND VACATING ALL SEWER AND UTILITIES UPON SAID ALLEYWAY; VACATING, DISCONTINUING AND ABANDONING A SEWER EASEMENT AND SEWER LINE EXTENDING FROM THE CENTER OF SUCH ABANDONED ALLEYWQAY THENCE EAST TO MANHOLE ON THE EAST SIDE OF BIRTH STREET IN SAID TOWN, ALL BEING MORE PARTICULARLY DESCRIBED IN THE ORDINANCE; DELCARING ABANDONED SEWER LINES TO BE PRIVATE PROPERTY OF OWNER OF THE LAND UPON WHICH SAME IS LOCATED; DISCONTINUING FURTHER MAINTENANCE OF SUCH ABANDONED SEWER LINES, AND DECLARING AN EMERGENY" adopted by the Board of Trustees of the Town of Owasos, Oklahoma, on December 7 1970 is hereby amended to read as follows "Section 2 That the sewer easement and sewer line extending from the center of the alley, abandoned by Section 1 of this Ordinance; in an easterly direction and continuing east to a manhole located at a point located on the east side of Birch Street at a point near the intersection of the alleyway running east and west in Block Twenty-five (25 ) of said original townsite of the of Owasso, Oklahomag is hereby vacated forever as a public easement and usep and abandoned. II Section 2. By reason of the need for the immediate preser- vation peace? health and safety; an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its adoption. Adopted this ~ day of December; 1978. CITY OF OWASSO; OKLAHOMA 1 BY ~ ~~~~ Mayor ATTEST SEAL ~~ 2 TERMINATION AND RELEASE OF EASEMENT THIS RELEASE, given this 19L- day of December, 1978 by the City of Owasso, Oklahoma a municipal corporation, to Ed Wellsg of Tulsa County 9 State of Oklahoma. g On April 8, 1953, Mrs. H. W. (Anna) Gassaway granted to the Town (now City) of Owasso, Oklahoma, an easement which is re- corded the Office of the County Clerk of Tulsa County, Oklahoma in Book 2490 at Page 194 (hereinafter called the "Easementl!), for the purpose of laying, maintaining and operating a sewer line with the right to repair and maintain said sewer line. across the following described real property, to-wit: 26, in Oklahoma Block County Lot 29 Tulsa The South 10 ft. of the Town of Owasso, , In consideration of the payment of the sum of Ten ($10.00 DOllars, receipt of which is hereby acknowledged, the City of Owassou Oklahoma, a municipal corporation, hereby releases to Ed Wells the Easement described above, it being the intention of the parties to terminate said Easement and relinquish all right? title and interest of the City of Owasso, Oklahoma, with respect thereto. IN WITNESS WHEREOF, the City of Owasso, Oklahoma, acting by and through its duly qualified and acting officers, has executed and delivered this Release at Owasso, Oklahoma, the day and year first above written. OKLAHOMA .\ ""' (.J-.,.),~ C~ Mayor , CITY OF OWASSO ., By ~" \, :, 'J , \~ SEAL ATTEST: ',. . '..-.',-: " City ss OKLAHOMA STATE OF COUNTY OF TULSA The foregoing instrument was acknowledged before me this ,'.. ;2 day of December, 1978 by Bill Williams, Mayor of the City of Owasso, Oklahoma, a municipal corporation, on behalf of said corporation. ~...^...s.i^--l:'~ expires \ '\ ~"l Commission \.... 1'....... ~'- "'-\ -i " \ " '" ORDINANCE NUMBER °AA\ AN ORDINANCE AMENDING ORDINANCE NO. 131 ENTITLED "AN ORDINANCE VACATING, DISCONTINUING AND ABANDONING A PUBLIC ALLEY LOCATED AND RUNNING THROUGH THE CENTER OF BLOCK TWENTY -SIX (26) OF THE ORIGINAL TOWNSITE OF THE TOWN OF OWASSO, OKLAHOMA, BETWEEN EAST SECOND AVENUE AND EAST THIRD AVENUE IN SAID TOWN OF OWASSO, AND VACATING ALL SEWER AND UTILITIES UPON SAID ALLEYWAY; VACATING, DISCONTINUING AND ABANDONING A SEWER EASEMENT AND SEWER LINE EXTENDING FROM THE CENTER OF SUCH ABANDONED ALLEYWAY THENCE EAST TO MANHOLE ON THE EAST SIDE OF BIRCH STREET IN SAID TOWN, ALL BEING MORE PARTICULARLY DESCRIBED IN THE ORDINANCE; DECLARING ABANDONED SEWER LINES TO BE PRIVATE PROPERTY OF OWNER OF THE LAND UPON:' WHICH SAME IS,LOCATED; DISCONTINUING FURTHER MAINTENANCE OF SUCH ABANDONED SEWER LINES, AND DECLARING AN EMERGENCY" ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA, ON DECEMBER 7, 1970, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE COUNCIL OF THE CITY.OF OWASSO, OKLAHOMA: Section 1. Section 2 of Ordinance No. 131, entitled "AN ORDINANCE VACATING, DISCONTINUING AND ABANDONING A PUBLIC ALLEY ' . LOCATED AND RUNNING THROUGH THE CENTER OF BLOCK TWENTY -SIX (26) OF THE ORIGINAL TOWNSITE OF THE TOWN OF OWASSO, OKLAHOMA, BETWEEN EAST SECOND AVENUE AND EAST THIRD AVENUE IN SAID TOWN OF OWASSO, AND VACATING ALL SEWER AND UTILITIES UPON SAID ALLEYWAY; VACATING,,., DISCONTINUING AND ABANDONING A SEWER EASEMENT AND SEWER LINE EXTENDING FROM THE CENTER OF SUCH ABANDONED ALLEYWAY THENCE EAST TO MANHOLE ON THE EAST SIDE OF BIRCH STREET IN SAID TOWN, ALL BEING' MORE PARTICULARLY DESCRIBED IN THE ORDINANCE; DECLARING ABANDONED SEWER LINES TO BE PRIVATE PROPERTY OF OWNER OF THE LAND UPON WHICH,'` SAME IS LOCATED; DISCONTINUING FURTHER MAINTENANCE OF SUCH ABANDONED SEWER LINES, AND DECLARING AN EMERGENCY" adopted by the Board of Trustees of the Town of Owasso, Oklahoma, on i December 7, 1970, is,hereby amended to read as follows: "Section 2. That the sewer easement and sewer line extending from the center of the alley, abandoned by Section 1 of this Ordinance, in an easterly direction and continuing east to a manhole located at a point located on the east side of Birch Street at a point near the intersection of the alleyway running , east and west in Block Twenty -five (25) of said original townsite of the Town of Owasso, Oklahoma, is hereby vacated forever as a public easement and use, and abandoned." Section 2. By reason of the need for the immediate preser- vation of peace, health and safety, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its adoption. Adopted this day of December, 1978. CITY OF OWASSO, OKLAHOMA By Mayor ATTEST: (SEAL) - City Clerk TERMINATION AND RELEASE OF EASEMENT THIS RELEASE, given this day of December, 1978, by the City of Owasso, Oklahoma a municipal corporation, to Ed Wells, of Tulsa County, State of Oklahoma. On April 8, 1953, Mrs. H. W. (Anna) Gassaway granted to the Town (now City) of Owasso, Oklahoma, an easement which is re- corded in the Office of the County Clerk of Tulsa County, Oklahoma, in Book 2490 at Page 194 (hereinafter called the "Easement "), for the purpose of laying, maintaining and operating a sewer line with the right to repair and maintain said sewer line, across the following described real property, to -wit: The South 10 ft. of Lot 2, Block 26, in the Town of Owasso, Tulsa County, Oklahoma. In consideration of the payment of the sum of Ten ($10.00) Dollars, receipt of which is hereby acknowledged, the City of Owasso, Oklahoma, a municipal corporation., hereby releases to Ed Wells the Easement described above, it being the intention of the parties to terminate said Easement and relinquish all right, title and interest of the City of Owasso, Oklahoma, with respect thereto. IN WITNESS WHEREOF, the City of Owasso, Oklahoma, acting by and through its duly qualified and acting officers, has executed and delivered this Release at Owasso, Oklahoma, the day and year first above written. ATTEST: (SEAL) City Clerk STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) The foregoing instrument was day of December, 1978 by Bill of Owasso, Oklahoma, a municipal of said corporation. My Commission expires: i 'b 3 °t 0, CITY OF OWASSO, OKLAHOMA By Mayor acknowledged before me this Williams, Mayor of the City corporation, on behalf Intl Notary Public City of Owasso 207 SOUTH CEDAR PHONE 272 -2251 December 22, 1978 OWASSO, OKLAHOMA 74055 Mr. Thomas G. Hilborne, Jr. Attorney at Law Jones, Givens, Brett, Gotcher, Doyle & Bogan, Inc. 201 West Fifth Street, Suite 400 Tulsa, Oklahoma 74103 Dear Mr. Hilborne: Enclosed please find three executed copies of our Ordinance 241 and four copies of Termination and Release of Easement which was approved at our Decem- ber 19, 1978, Council meeting. Sincerely, CITY OF OWASSO (Ms.) Wauhilleau Webb City Clerk ww enclosures JONES, GIVENS, BRETT, GOTCHER, DOYLE & BOGAN, INC. WILLIAM B. JONES JACK R. GIVENS THOMAS R. BRETT BERYL LEE BOTCHER WILLIAM J. DOYLE III NEIL E. BOGAN JAMES E. BISHOP DORA S. ROBERTS THOMAS G. HILBORNE. JR. RODNEY A. EDWARDS PHILIP J. ELLER ROY C. BREEDLOVE JERRY E. TRUSTER ATTORNEYS AND COUNSELORS 201 WEST FIFTH STREET, SUITE 400 Mr. Harold Charney Attorney at Law 202 S. Cedar Owasso, Oklahoma 74055 Dear Harold: TULSA. OKLAHOMA 74103 November 22, 1978 BUSINESS: (918) 583 -1115 TELECOPIER: 1918) $83 -1169 Enclosed are the corrective Ordinance and Release which we discussed by telephone earlier this week relating to the loan from Kansas City Life Insurance Company to Buy -Rite Foods, Inc. As I indicated to you, Guaranty Abstract is requiring these documents in order to remove certain exceptions to their title insurance policy. Please return to me executed copies of the Release and Ordinance, together with proof of publication of the Ordinance and I will forward same to Guaranty Abstract Company. Should you have any questions, please give me a call. Thank you very much for your assistance. Very truly yours, THOMAS G. HILBORNE, JR. TGH:ht Encls. CC: Bonnie Hudson Guaranty Abstract Company Noel L. Welsh, Jr. First Continental Mortgage Company 5-K your . #108797 ORDINANCE NUMBER 131 Dated: December 7, 1970 Filed: December 23, 1970 at 2:48 Recorded in Book 3950 Page 1081 LF an- UZ" PLCLTI"' M�rntD:Ua3 L )�Ul ar.-INc 1 r.V-TC earl uuTCD -u al^..s , xt: , a� CZ•- '�F.'l Q 6.IlJGf Yi33'YT•:,SC 120) O! �6 cFUn1e11. T(4'}SITC. Or Tk'.L Tors Q> CL'LS G, cr1H.r1, E=TMa"; GIST S:.QM IFr:.'? LFD MST T;'P.D LVL'= Dt SL31 Tar# OF MLS -.1, 1..D 'I !1.1 ', ALL =.'.CI IJ D C:Ii, M3 LTaf SLID LIGTtt111 ^f1.ct]T G, WXCtr7D.'U1M u:D IILJ L rI1G A li-x fl:+"1mT �h CL r_a 1.137 CITF..TiJi6 2'R:tL TES CEM— CP ellCN LCJSI4,'ID LIJ=4T T�.h�'w -Z 1A9T TO air -UE a :':.E E.' `ii DIIti Q' eIE."H `:7 I11 S1ID TR'b, LIS. SICIiIO 1'QZ YLRTICLlii TIT MQIA'i-VZ AMifD1aD S; C-A LnaS To ?2 PYIYITN hi opZ,SI O? ffi M Q' It7. 1IND 019J E'?Ld :s KCAL }l ran'aQD:O TL=D�t SL4n-tn;sat-r CF SIGN L5AYD2= @,1'1.2 1. , ILL "m-rsar,:� I.s S.azc Z. EE IT azmi'SD SI 'ice Bcj= Op T== 1.r = T= Q+ m Law, Ouu"O",t -> :M2=, on tba }rd dq ct 7aly, 150s Tba Town of 0". antared into a certain vrittm of Or s C� Cr umao trt with the wznrn of Mock Yrsat7ealz (26) of the Original Turmita of The Ta•m ' Y.meSy aooh omaers aZreed to amatnct a aaaes ]Sun along a pvt of Seat Secmd Lvmna ritF1n caId toga, and raid tv a 2groad to :]b=loc the alley say, ee:er 11saa and aaeamnts aiV:in raid Moak T &2t1`Sdr, vpon artinfrctory eoupLvtim of said line aforarwtiooed, all as is ..n., to uava fully apps al`m the ycaarda rd the camv cleric for Tulm Canty, OLILhoe., in =look 39�5 at Page =16, in said africe, tad WMR2"U the emcee ha-ro tosplstad the cmstraotloa of the see Qjjne, in czgpl s=o vith the tsma of said contract, and said line has ben apprmad and accepted by said Yam, of Osasao, and Kid OMIRTO hare..:.,^- ragvestad that the Tarn of Oaaaoo vacate and abandon the alle-Jsq and aemar Tierce sire fully dsmerihad In this m-df.nmoe, Sr. IT fF.Dum BY Din &M ID Or Tb. TXS OF TES Tffrb OF 06Ti5S0, Ora wa l amtion 1, That the pablic allay and allepsny located tdtbin and running throact hD.a:r Taamt7 -cis (35), being u strip of lead #Am ty (20) Feat in sidth crwndirc frm the Smth Line of Last &rand Lvenos to the Seth line of &sat Third Lvanoo, in Arid Toro of Gaaaso, and aLng in a SorUx sad 6r th dls --tim, in hr„sby vacated forever as a public tACvn&fare ar Pclfo F-lUT, tgeethor with all � lines and easexanta therein or thmem.. —�' Sectim Z, :eat the seem aser1mt and ewer lira �- tmdino fray the es=ter at the alley, t`I tbm&"d by Bactim 1 of this tra=umas, in m Sactarly d1. -rea=m sad cmtiatinz least to a auholn looatad at a pcitg 19uted m tea Snot old,, of Ricoh Rtr v stn paid near thae ijeo -- .. aactim cf tbs sllelvr5 rec=ta,- Fiat and rwt in Mock v. 1. �- Txa?t_ _l"t•`?'«. (23) of raid �Idntl � . Tov=Ltu cf Thsa Tma of C's =o, Q7 sh ca, Is hereby vacated f caeca: as a pdalie emx=�t an d tuna, tad abaado e- Sa .t'1. n 3. The aao r =tale and slloysr p vna W and eb=d=ed by this Orc'Sa¢soo axbcr I_k2, ehKII beroaftar baoaoo the private caner m_d rq"rty of tba perms party oe percies a titled thm to vadn• tho Trans of t. -% Otat,o of QLILhcaa, end Tbo Tbvo cf O .tao a' W no latcc ba . - continued- - Guarani slracl CD. mPao4 r� E s- w I , . #108797 -2- voqxndble f w the *am, vpb"p "d wAintomm" of son. Tom of Owo"o aprcvw" the "war lift end faciliti" " OGMUmat," MA weer"d U In ftotim 014 OC this Qrdin " M, d000rib*4 Y as nm**Io loostad ot A pant 't , skis alleymy i'loam in 84 5"t =d W"t din tim. orw4h U-sk Twlny-'t". of Ua atioAa Tow site of The Tom of 0+woao Latermocia with 01-h str—t in said tam, am tiCti-inch assn pipe lire o•6e*dLr4 tbor*fron In a Omtharly diroctim slag "id Birch Streat djxta or &pprmdmta4 lkras 2=4r*d r iftr-fi" feat and Jcam mad eomaots at Its tarmil a"m to the tom's uirtir4 wwr wyatm. soctim )D .S. That = spartcacl azirta fm' the pvwwmtim or the pwaic Palosp bmItb, mUrxe and mf oVs by rasa= whoroct this Qtdln shall Ukt aff*4 fray Md zftaa' its paosaeo, appror&l and publi"tim. pLa=, =d the pareonC7 MA=o toted Vm p&parat4dy sad parsed t7 woes vote ef the SO&C', twA m fty of Dpoa s 19711. -;,r 6-pYte.-ta�, 3""doa or the Dwd of Treats of Ttw Tam of aww, aathom►4 this m of s bard of Mmstesa, to i iLttwwr far !;mfwm- bo=4 wasimr, D.ard Wwgar'm 9jnj&slrBcl �� Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, ss Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is publisher of the Owasso Reporter a weekly newspaper printed in the City of ... _. ..... Owasso . .................. Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 as amended, and complies with all other requirements of the laws of Oklahoma with reference to legal public- ations. That said notice, a true copy of which is attached hereto, was published in the regular edition of said news- paper during the period and time of publication and not in a supplement, on the following dates: Dec. 21 8 .... ..... .. ..... 197...... Subscribed and sworn to before me this .. 2E?....day of Dec. ........__.. Notary Public My commission expires:.?-Z?.5- 82 ....... ...... PUBLISHER'S FEE $.:'.6.zg .' . LEGAL NOTICE Published in the Owasso Reporter, Owasso, Tulsa County, Okla., Thurs., Dec. 21, 1978. ORDINANCE NUMBER 241 AN ORDINANCE AMENDING ORDINANCE NO. 131 EN- TITLED "AN ORDINANCE VACATING, DISCONTINUING AND ABANDONING A PUBLIC ALLEY LOCATED AND RUNNING THROUGH THE CENTER OF BLOCK TWENTY -SIX (26) OF THE ORIGINAL TOWNSITE OF THE TOWN OF OWASSO, OKLAHOMA, BETWEEN EAST SECOND AVENUE AND EAST THIRD AVENUE IN SAID TOWN OF OWASSO, AND VACATING ALL SEWER AND UTILITIES UPON SAID ALLEYWAY: VACATING, DISCONTINUING AND ABANDONING A SEWER EASEMENT AND SEWER LINE EXTENDING FROM THE CENTER OF SUCH ABANDONED ALLEYWAY THENCE EAST TO MANHOLE ON THE EAST SIDE OF BIRCH STREET IN SAID TOWN, ALL BEING MORE PAR- TICULARLY DESCRIBED IN THE ORDINANCE- DECLARING ABANDONED SEWER LINES TO BE PRIVATE PROPERTY OF OWNER OF THE LAND UPON WHICH SAME IS LOCATED; DISCONTINUING FURTHER MAINTENANCE OF SUCH ABANDONED SEWER LINES, AND DECLARING AN EMERGENCY" ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF OWASSO, OKLAHOMA, ON DECEMBER 7, 1970, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section I. Section 2 of Ordinance No. 131, entitled "AN ORDINANCE VACATING, DISCONTINUING ANI- ABANDONING A PUBLIC ALLEY LOCATED ANI RUNNING THROUGH THE CENTER OF BLOCI TWENTYSIX (26) OF THE ORIGINAL TOWNSITE OI THE TOWN OF OWASSO, OKLAHOMA, BETWEEN EAS' SECOND AVENUE AND EAST THIRD AVENUE IN SAIL TOWN OF OWASSO, AND VACATING ALL SEWER ANL UTILITIES UPON SAID ALLEYWAY: VACATING, DISCONTINUING AND ABANDONING A SEWEI{ EASEMENT AND SEWER LINE EXTENDING FROM TH CENTER OF SUCH ABANDONED ALLEYWAY THENCE EAST TO MANHOLE ON THE EAST SIDE OF BIRCH STREET IN SAID TOWN, ALL BEING MORE PAR- TICULARLY DESCRIBED IN THE ORDINANCE; DECLARING ABANDONED SEWER LINES TO BE PRIVATE PROPERTY OF OWNER OF THE LAND UPON WHICH SAME IS LOCATED: DISCONTINUING FURTHER MAINTENANCE OF SUCH ABANDONED SEWER LINES, AND DECLARING AN EMERGENCY" adopted by the Board of Trustees of the Town of Owasso, Oklahoma, on December 7, 1970, is hereby amended to read as follows: "Section 2. That the sewer easement and sewer line ex- tending from the center of the alley, abandoned by Section 1 of this Ordinance, in an easterly direction and continuing east to a manhole located at a point located on the east side of Birch Street at a point near the intersection of the alleyway running east and west in Block Twenty -five (25) of said original townsite of the Town of Owasso, Oklahoma, is hereby vacated forever as a public easement and use, and abandoned." Section 2. By reason of the need for the immediate preservation of peace, health and safety, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its adoption. Adopted this 19 day of December, 1978. CITY OF OWASSO, OKLAHOMA By Bill Williams Mayor ATTEST (SEAL) Wauhilleau Webb City Clerk