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HomeMy WebLinkAbout374_Vacating Easement Lot 5_Block 3 Meadowcrest_Deed of Dedication640072 BOOK 5053 PAGE 1896 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 374 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN THE MEADOWCREST ADDITION, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY. WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to close to public use a certain utility easement, and WHEREAS, said utility easement is described as follows: Being part of the Meadowcrest Addition to the County of Tulsa, State of Oklahoma, in the North 2 of the Southeast 4 of Section 7, Town- ship 21 North, Range 14 East, more particularly described as follows: Beginning at a point 7.5 feet Northeast of the Southwest corner of South 60°00'00" West, thence 187.5 feet South 30°00'00" East, thence, 1.5 feet North 60ׄ°00'00" East back to the Point of Beginning, containing 0.0065 acres, more or less, and, WHEREAS, pursuant to Title 11, Oklahoma Statutes, Section 42 -110, 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 Okla- homa Natural Gas Company, and /or Southwestern Bell Telephone Company and /or Tulsa Cable Television Company and, WHEREAS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; Section 1: That the above described utility eastment be the same is hereby closed to public use. Section 2: That the municipality shall retain the absolute right to reopen the public way or eastment without expense to the municipality. closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove public service corporation, or transmission company facillitaties of operation of law unless released in writting executed by the owners thereof. PASSED, APPROVED AND ADOPTED this day of September, 1987. Von E. Stockler, Mayor ATTEST: Jane Buchanan, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 87 SEP 24 AM 10:45 JOAN HASTINGS TULSA COUNTY CLERK 640071 BOOK 5053 PAGE 1894 STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 87 SEP 24 AM 10:44 JOAN HASTINGS TULSA COUNTY CLERK DEED OF DEDICATION STATE OF OKLAHOMA COUNTY OF TULSA Thirl & Judy Calico, the undersigned, being the sole owner of all interests, both legal and equitable, in the following described property, to-wit: See Attachment A KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the special benefits to the remainder of the above described property, accruing thereto upon this dedication, do hereby dedicate to the city of owasso, for the use and enjoyment of the city of owasso, the following described protion thereof, to wit: For a General Utility Easement To have and to hold said described premises into the said Public forever, Signed and delivered th 30th day of July, 1987 ATTEST (SEAL): STATE OF OKLAHOMA COUNTY OF TULSA Before me, the undersigned, a Notary Public in and for said County and State, on this 30 day of July, 1987, personally appeared to me know to be the identical person who subscribed their names forgoing instrument executed the same as free and voluntary act and deed of for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. My Commission Expires January 5, 1990 Notary Public BOOK 5053 PAGE 1895 ATTACHMENT A Part of SETA of Section 7, Town 21N, Range 14E in Owasso, Tulsa County, Oklahoma, according to the U.S. Government survey thereof, more particularly described as follows: Beginning at a point on the SE Corner of Lot 4, Block 3 of the Meadowcrest Addition of the City of Owasso, County of Tulsa; thence SW along property 10 feet to the point of beginning; thence 2 feet SW along the property line; thence 210 feet NE parallel to the NW property line; thence 2 feet NW parallel with the NW property line; thence 210 feet SE to the point of beginning, containing 0.0096 acres, more or less. I do hereby certify the Owasso City Council accepted the above mentioned Deed of Dedication on September 15, 1987. jANE bUCHANAN, cITY cLERK cITY OF oWASSO BOOK 5053 PAGE 1897 Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter a weekly newspaper printed in the City of Tulsa Tulsa County, Oklahoma, a newspaper qualified to Publish legal notices, advertisements and publications as Provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: September 17th 1987 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, September 17,1987. LEGAL NOTICE CITY OFOWASSO, OKLAHOMA ORDINANCE NO. 374, AN ORDINANCE CLOSING. TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN THE MEADOWCREST ADDITION, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE AB. SOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY. WHEREAS, The City of Owasso, Oklahoma has deemed it necessary and expedient to close to public use a certain utility easement, and WHEREAS, said utility easement is describedasfollows: Being part of the Meadowcrest Addition to the County of Tulsa, State of Oklahoma, in the North % of the Southeast 1/4 of Section 7, Township 21 North, Range 14 East, more particularly described as follows: Beginning at a point 7.5 feet Northeast of the Southwest corner of Lot 5, Block 3, of the Meadowcrest Addition on this lot's Southeast property line, thence 15 feet North 30,00'00" West to the Point of Begin ing; thence 187.5 feet North 30 °00'00" West, thence 1.5 feet South 60 °00'00" West, thence 187.5 feet South 30 000'00" East, thence, 1.5 feet North 60 °00'00" East back to the Point of Beginning, containing 0.0065 acres, more orless,and, WHEREAS, pursuant to Title 11, Oklahoma Statutes, Section 42 -110, 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/or South- western Bell Telephone Company and/or Tulsa Cable Television company and, WHEREAS, the above holders of franctuse or purported holders of a- franchise that may purport to have a special right 0r privilege to use said utility easement have waived their ob- jections to the closure of said easement, if any, and NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO OKLAHOMA: Section 1: That the above described utility easement, be, and the same is hereby closed to the public use. Section 2: That the municipality shall retain the absolute right to reopen the Public way or easement without expense to the municipality. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service cor- poration or transmission company fa. cilities of the public service corporation, or transmission company facilities of service therein nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof. PASSED, APPROVED AND ADOPTED this 1st day of September, 1987. Von E. Stockler, Mayor ATTEST: /s /Jane Buchanan City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney NN62