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HomeMy WebLinkAbout383_Closing Utility Easement Owasso Commercial CenterBOOK 5104 PAGE 1253 708634 STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 88 JUN-6 PM 12:27 JOAN HASTINGS TULSA COUNTY CLERK CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 3853 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN THE OWASSO COMMERCIAL CENTER, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY. 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: A perpetual easement dedicated to the public as a high- way or street thirty (30) feet wide on the north and east sides of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section Twenty-nine (29), Town- ship Twenty-one (21) North, Range Fourteen (14) East, located in Lot One (1) of Block One (1) of the Owasso Commercial Center, an Addition to the City of Owasso, Tulsa County, Oklahoma, 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 Okla- homa and /or Oklahoma 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 privi- lege 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 following described utility easement, be, and the same is hereby closed to the public use, to -wit: A perpetual easement dedicated to the public as a high- way or street thirty (30) feet wide on the north and east sides of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section Twenty -nine (29), Township Twenty -one (21) North, Range Fourteen (14) East, located in Lot One (1) of Block One (1) of the Owasso Commercial Center, an Addition to the City of Owasso, Tulsa County, Oklahoma. Section 2. That this shall not be construed so as to close that certain utility easement located on the north five (5) feet of Lot One (1)' of Block One (1) of the Owasso Commercial Center, Subdivision Plat Number 4422, and existing by virtue of said sub- division but lying within the boundaries of the above described roadway easement. BOOK 5104 PAGE 1254 Section 3. 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 af- fect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation or transmission company facil- ities 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 5th day of April, 1988. Von E. Stockler, Mayor ATTEST: Jane Buchanan, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney BOOK 5104 PAGE 1255 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 1963 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: April 14th 1988 Subscribed andsworn to before Notary Public PUBLLSHER'SFEE $52.67 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, April 14,1988. CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 383 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASE- MENT LOCATED IN THE OWASSO COMMERCIAL CENTER, AN AD- DITION TO THE CITY OF OWASSO, TULSA COUNTY, 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: A perpetual easement dedicated to the public as a highway or street thirty (30) feet wide on the north and east sides of the Southwest Quarter of the Southwest Quarter of the South- west Quarter of Section Twenty-nine (29), Township Twenty -one (21) North, Range Fourteen (14) East, located in Lot One (1) of Block One (1) of the Owasso Commercial Center, an Addition to the City of Owasso, Tulsa County, Oklahoma, 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 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 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: IN62 Section 1. That the following described utility easement, be, and the same is hereby closed to the public use, to-wit: A perpetual easement dedicated to the public as a highway or street thirty (30) feet wide on the north and east sides of the Southwest Quarter of the Southwest Quarter of the South- west Quarter of Section Twenty-nine (29), Township Twenty -one (21) North, Range Fourteen (14) East, located in Lot One (1) of Block One (1) of the Owasso Commercial Center, an Addition to the City of Owasso, Tulsa Section 2.That this shall not be con- strued so as to close that certain utility easement located on the north five (5) feet of Lot One (1) of Block One (1) of the Owasso Commercial Center, Subdivision Plat Number 4422, and existing by virtue of said subdivision but lying within the boundaries of the above described roadway easement. Section 3. 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 service therein, nor shall a closing affect private ways existing by operation of law unless released in writ- ing executed by the owners thereof. PASSED, APPROVED AND ADOPTED this 5th day of April, 1988. /a/ Von E. Stockler (SEAT) Mayor ATTEST: /s/JaneBuchanan City Clerk APPROVED AT TOFORM: /a/ Ronald D. Cates City Attorney