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HomeMy WebLinkAbout271_Vacating Utility EasementCITY OF OWASSO, OKLAHOMA AN ORDINANCE VACATING UTILITY EASEMENT PURSUANT TO TITLE 11, OKLAHOMA STATUES, SECTION 42-110, AND DECLARING AN EMERGENCY. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to public use a certain utility easement, and that it is necessary and expedient to vacate same, and WHEREAS, said utility easement is described as follows,, A 15 foot utility easement 7.5 feet either side of the following described centerline: Beginning at a point 319.602 feet west of the Northeast corner of said Lot 15, Block 3, THREE LAKES ADDITION to the City of Owasso, Tulsa County, Oklahoma; thence S 0745106" W a distance of 47.43 feet to a point; thence S 84045129" W a distance of 109.46 feet to a point; thence S 36006145" W a distance of 196.82 feet to the point of beginning. and WHEREAS, pursuant to Title 11, Oki. St., Section 42- 110, that the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of Oklahoma and/or Oklahoma Natural Gas Company, and WHEREAS, Public Service Company of Oklahoma and Oklahoma Natural Gas Company were given notice on the 30th day of August, 1979, to appear on this regular meeting date, October 2, 1979, at 7:00 o'clock P.M., at the Owasso City Hall and make their objections to the vacation of said ease- ment, if any, and WHEREAS, no person has appeared to object to the vacation of said utility easement over the above described property. NOW, THEREFORE, BE !T ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 1. That the following described utility easement, be, and the same is hereby, vacated, to-wit: A 15 foot utility easement 7.5 feet either side of the following described centerline: Beginning at a point 319.602 feet west of the Northeast corner of said Lou 15, Block 3, THREE LAKES ADDITION to the City of Owasso, Tulsa County, Oklahoma; thence S 07045106" W a distance of 47.43 feet to a point; thence S 84 0 45129" W a distance of 109.46 feet to a point; thence S WHIM W a distance of 196.82 feet to the point of beginning. Section 2. That for the preservation of the public peace, health and safety, an emergency is found and declared to exist by reason whereof this Ordinance shall take effect from and after its passage, approval and publication. PASSED, APPROVED AND ADOPTED, and the emergency clause ruled and voted upon separately and approved thisjQAT", day of Z, Harold Charney, City ATtorney MAYOR 2ND DAY OF OCTOBER 1979. On T'-J'esday, October 2. 1979, the Owasso City Council met in regular session, en Council '-'ha-.,.ID'ers at City Hall, per Notice of Public Meeting and Agenda posted on City Hall Bulletin Board at 3-,30 PM or, September 28, 1979, and by reference made a part hereof. Presort: Boyd Spencer, Mayor Robbie Fickle, Vice Mayor Don Thompson, Council-i-fian Robert Wrestler, Councilman Harold Charney, City Attorney Tvlauhilleau Webb, Acting City Manager Merrilyn Merchant, Deputy City Clerk Absent: Al Lambert, Councilman The meeting was called to order at 7:00 PM with Mayor Spencer presiding. ITEM 1 - APPROVE CONSENT AGENDA ITEMS Motions. -as Wade by Robbie Fickle, seconded by Robert Wrestler to approve Consent Agenda items, as follows, pulling item 5, as published in the Owasso Reporter on September 27, 1979, and by reference made a part hereof: 1. Approve Minutes of September 18, 1979, Regular Meeting 20 Approve Warrants for Payment 3. Approve Ordinance No. 271 Vacating Utility Easkment, Lot 15, Block 3, Three Lakes Addition. 4. Approve Fire Run Contract with Fidelity and, Guaranty Insurance; Property Owner Dennis F. Keith 5o Approve Acceptance of Paving in Hale Acres TI 6. Approve Fire Run Contract with Hanover iasurance; Property Owner john Hogan Ayes - Messrs Spencer, Thompson, Wrestler, and Mrs. Fickle Nays - None Motion carried CONSENT AGENDA,. I=.'. 5 CC`PT1N -" AV N L-,-1 HALL AC-'Z'S II IL WUS )OiilLud OUL LiiaL tine tel-LIS of the contract bad oot bc,,(-,n mcL since there -were twD CUl-de-sacs in l:ale Acres t.hat ',,,ad not had the 2" overlay put on them. -Nirs lelill'i.al,is was instructed to contact 1 r. '-'.ale regarding this matter. Motion was made by Don T'hompson, seconded by Robbie Fickle, I.D table this item until the October 16, 19799 regular council meeting. Ayes - Messrs Spencer, Thompson, Wrestler', and ifars. Fickle Nays - None Lotion carried E <D co E Z6 Y A LU 5 LLJ (D ii ti, uqust 30, 1979 Public Service Tulsa, Oklahoma Gentlemen: Company of Oklahoma You are herewith given written notice, pur- suant to 11 O.S. Sec. 42-110 that the City of Owasso, Oklahoma, will consider the passage of an ordinance at its regular scheduled meeting on October 2, 1979, at 7:00 P.M., at the Owasso City Hall, which ordi- nance provides for the closing of a utility easement described as follows: A 15 foot utility easement 7.5 feet either side of the following described r centeline: Begin Ong at a point 319.602 feet west of the Northeast corner of said Lot 15, Block 3, THREE LAKES ADDITION to the City of Cwasso, Tulsa County, Oklahoma; thence S 07'45'06" W a distance of 47.43 feet to a point; thence S 84045129" W a distance of 109.46 feet to a point; thence S 36006145u W a distance of 196.82 feet to the point of beginning. if you have any objection thereto, you should appear at this meeting and make your objections known prior to voting on the passage of the ordinance. Very truly yours� Harold Charneyl City Attorney City of Owasso, Oklahoma HC: js RECEIPT IS HEREBY ACKNOWLEDGED THIS DAY OF AUGUST, 1979. PUQLIC SERVICE COMJJNY OF OKLAHOMA J 11V Oak! E 5 0 CO August 309 1979 Oklahoma Natural Gas Company Tulsa, Oklahoma Gentlemen.- You are herewith given written notice, pur- suant to 11 O.S. Sec. 42-110 that the City of Owasso, Oklahoma, will consider the passage of an ordinance at its regular scheduled meeting on October 2, 1979, at 7:00 P.M., at the Owasso City Hall, which ordi- nance provides for the closing of a utility easement described as follows: A 15 foot utility easement 7.5 feet either side of the following described centerline: Beginning at a point 319.602 feet west of the Northeast corner of said Lot 15, Block 3, THREE LAKES ADDITION to the City of Owasso, Tulsa County, Oklahoma; thence S 07 45'06" W a distance of 47.43 feet to a point; thence S 84 45129" W a distance of 109.46 feet to a point; thence S 36 06145" W a distance of 196.82 feet to the point of beginning. if you have any objection thereto, you should appear at this meeting and make your objections known prior to voting on the passage of the ordinance. Very trbly yours, MOM Char ney, City Attorney City of Owasso, Oklahoma HC j RECEIPT IS HEREBY ACKNOWLEDGED THIS DAY OF AUGUST, 1979. 0__'z,LAH,OMA\ NATURAL_,. ��_Z�S C-i"o "V'L p Ali q Y, By TIN Title Q1 1 A N ; DEED OF DEDICATION STATE OF OKLAHOMA SS COUNTY OF TULSA Terry L. Davis Construction Inc. , the undersigned, being the sole owner of all interests, both le`i�_F —and equitable, in the following described property. to-wiF_ The north 252.00 feet of the east 600.00 feet of Lot 15, Block 3, "Thrbe Lakes" addition to the City of Owasso, Tulsa County, Oklahoma. KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special benefits to the remainder of the abo—, describe I P,roperty, accruing thereto apon this dedication, do hereby dedicate to the F-%iblic,, for the use and enjoyment of the Public, the following described portion thereof, to-wit: A 15 foot wide utility easement, 7.50 feet either side of the following describedCatiterline: Beginning at a point 319.602 feet west of the northeast corner of said Lot 15, Block 3; thence S 070 45' 06" W a distance of 47,43 feet to a point; thence S 840 45' 29" W a distance of 109.46 feet to a point; thence S 360 06' 45" W a distance of 196982 feet to the point of ending, To have and to hold said described premises into the � said Public forever. Sign,edl and delivered this ay of e Au Rust 19 79 L ATTEST STA'fE OF Ok1ahoma COUNTY'OF Tulsa SS 1-3efore rne, the undersigned, a Notary I'Dublic in and for said County and State, on day of August 19 79 personally appeared Terry L. Davis -P to me known to b_e- —person who' subscribed the narne of the maker thereof to the foregoing iastrunnent as i�s President --and acknowledged to me that he _Xecut�?d the wane as his A free and voluntary .ict and deed of su h corpol-ation, for the uses and purposes therein set forth. GIVES ­,l under rnly hand and seal the day and year last above written® 3res My Corni-nission ExF, i lVf Rol- .......... TIEED OF DEDICATION STATE OF OKLAHOMA SS ("OUNTY OF TULSA rry L. Davis Cons tr-uc tiiqL. inc. 0 undersigned, being the sole oviner of all interests, both le i and equitable, in flie following described property, to-wi-t- 'The north 252000 feet of the east 600.00 feet of Lot 15, Block 3 "Three makes" addition to the City of Owasso, Tulsa County, Oklahoma. Beginning at a point 284.45 feet west of the northeast corner of said Lot 15, Block 3; thence S 480 19' 39" W a distance of 67.82 feet to a poinit-; thence S 84" 17' 22" W a distance of 100,50 feet to a point; thence S 350 441 18" W a distance of 198.60 feet to the point of ending. This dedication is contingent upon the City of Owasso vacating the following existing described easement and is void if this action is not taken: 5 feet wide utility easement 7850 feet either side of the A 1 l following described centerline: Beginning at a point 328.68 feet west of the northeast corner of said Lot 15, Block 3, thence S 070 4-5v 06" W a distance off= 43.44 feet to a point thence S 500 2V 06" E a distance of 280.86 feet to the point of beginning. 'I'o have and to hold said described per ices into the said Public forever. Signed and delivered this V% day of June 19 79 I ?, S TI (o ! - " A L ) STA'I'E OF Ok-l..ilhoma C-70LINTY BE E--- I corporation, for the uses and purposes therein set forth® G13IN %.4 , EN Ln de%-, my hand and seal the day and year last above written. -nission E'xpire�� JAIY Con-� ........... Ivor I Oill 14, LAI' ZZ LoJ- A 3 i'f V a z-, rn a ri, to /,,, -"-- co,", -- Affidavit Of Publica ioii STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is publisher of the i ^.€ r. ti z ... ... ....... ....... a weekly newspaper printed in the City of >tr 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: C.f. Subscribed and sworn to before me this day of .... ,197.. Notary Public 7'%,1v commission expires ` :.. .. ::................... . PUBLISHER'S FEE $. ,... .