HomeMy WebLinkAbout390_Closing Utility Easement_ Lot 3 Block 1_11501 E 76 St N_Owasso Commercial CenterBOOK 5137 PAGE 1640 753254
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 090
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 THE 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 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 3 of
Block 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 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
1
BOOK 5137 PAGE 1641
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 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 highway or
street 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 3 of
Block 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
those certain utility easements located on the north ten feet or
the south 17.5 feet of Lot 3 of Block 1 of the Owasso Commercial
Center, subdivision plat number 4422, and existing by virtue of
said subdivision plat 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 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.
2
BOOK 5137 PAGE 1642
PASSED, APPROVED AND ADOPTED this 7th day of
June, 1988.
Mayor
(SEAL)
ATTEST: City Clerk
APPROVED: City Attorney
BOOK 5137 PAGE 1643
Affidavit 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:
publish legal notices, advertisements and publications as WITHOUT RIGHT TO REOPEN SAME
EXPENSE TO THE
provided in Section 106 of Title 26, Oklahoma Statutes 1971 MUNICIPALITY.
and 1953 as amended, and thereafter, and complies with WHEI;EAS, the City of Owasso,
Oklahoma, has deemed it necessary and
all other equirements of the laws of Oklahoma with expedient to close to public use a certain
utility easement, and
dREAS, said utility easement is
reference to legal publications. escribed as follows:
A, Perpetual easement dedicated to
That said notice, a true copy of which is attached wide unhihe a highway or street 30 feet
Southwest and west sides of the
hereto, was published in the regales edition of said Quarter of the Southwest
Quarter of the Southwest Quarter of
Section Twenty -nine (29), Township
newspaper during the period and time of publication and Twenty-one (21) North, Range Fourteen
(14) East, located in Lot 3 of Block 1 of the
not in a supplement, on the following dates: Owasso Commercial Center, An Addition
Oklahoma, and Owasso, Tulsa County,
WHEREAS
e Oklahoma Statutes, Pursuant to Title 11,
Section 42 -110, the
only holders of a franchise or
Purported
16th holders a of a franchise that may Purport to
Subscribed and sworn to before me special right or privilege to
Jij -7ae said utility easement are Public Serve
day of Company of Oklahoma and/or Oklahoma mom
Gas waste Company, and/or. 3
western Bell nY
Telephone Company
Tulsa Cable mPany and/or
Television Company and
WHEREAS, the above holders of
Notary Public franchise or purported holders of a
franchise that may purport to have a said
MY Co salon expires:
utiltiy easement haven waived their ob-
PUBLJS1-IER'S FEE $ J3,84 J"tions to the closure of said easement, if
any, and
NOW
DAINED BY THEREFORE T IT OR-
OF OWASS ®,OKLAHOMA: CITY
Section L The the following N62
i utility easement, be, and the same is
hereby closed to the public use, to- wairt. a ns
IA Perpetual easement dedicated to
the public as a highway or street 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 `3 Block 1 of the
Owasso Commercial Center
± to the City An Addition
Oklahoma.
Y of Owasso, Tulsa County
Section 2. That this shall not
strued so as to cl be con -
ose those certain utility
< 1 easements located on the north ten feet or
the south 17.5 feet of Lot 3 Of Block I of the
Owasso Commercial Center, subdivision
Plat number 4422, and existing by virtue
of said subdivision plat 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
3 to the municipality Closing of the
way or easement shall not affect the right
to maintain, repair, reconstruct, operate
Ior 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_
j ing executed by the owners thereof.
PASSED, APP
ROVED AND
ADOPTED this 7th day of June, 1988.
STACY P. LAMB
(SEAL) Y
L) - OR
ATTEST:
JANE BUCHANAN
CITY CLERK
APPROVED:
RONALD D, CATES
CITY ATTORNEY