HomeMy WebLinkAbout401_Closing Easement Lot 1 Block 1 Clark Plaza Fourth810478
BOOK 5189 PAGE 1007
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 401
AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED
IN LOT ONE ( 1 ) OF BLOCK ONE ( 1 ) OF THE CLARK PLAZA FOURTH, 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 portion of a 15.00 foot wide easement in Lot One ( 1 ) of Block One
(1), CLARK PLAZA FOURTH, an Addition to the City of Owasso, Tulsa
County, State of Oklahoma, according to the Recorded Plat thereof,
being more particularly described as follows, to -wit: Commencing
at the most Northerly east corner of Lot One (1), Block One (1)
CLARK PLAZA FOURTH Addition to the City of Owasso, Tulsa County,
Oklahoma, according to the recorded plat thereof; thence S 40° 01'
11" E, along the East line of Lot One (1), a distance of 15.00 feet
to a point; thence S 49° 58' 49" W, and parallel with the Norther -
westerly line of Lot One (1) a distance of 37.50 feet to the POINT
OF BEGINNING; thence S 40° 01' 11" E a distance of 220.00 feet to
a point; thence S 49° 58' 49" W a distance of 15.00 feet to a
point; thence N 40° 01' 11" W a distance of 220.00 feet to a point;
thence N 49° 58' 49" E a distance of 15.00 feet to the POINT OF
BEGINNING,
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 privi-
lege to use said utility easement have waived their objections to
the closure of said easement, if any.
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 portion of a 15.00 foot wide easement in Lot One (1) of Block One
(1), CLARK PLAZA FOURTH, an Addition to the City of Owasso, Tulsa
County, State of Oklahoma, according to the Recorded Plat thereof,
being more particularly described as follows, to -wit: Commencing
at the most Northerly east corner of Lot One (1), Block One (1)
CLARK PLAZA FOURTH Addition to the City of Owasso, Tulsa County,
Oklahoma, according to the recorded plat thereof; thence S 40° 01'
11" E, along the East line of Lot One (1), a distance of 15.00 feet
to a point; thence S 49° 58' 49" W, and parallel with the Norther -
westerly line of Lot One (1) a distance of 37.50 feet to the POINT
OF BEGINNING; thence S 40° 01' 11" E a distance of 220.00 feet to
a point; thence S 49° 58' 49" W a distance of 15.00 feet to a
point; thence N 40° 01' 11" W a distance of 220.00 feet to a point;
thence N 49° 58' 49" E a distance of 15.00 feet to the POINT OF
BEGINNING.
BOOK 5189 Pass 1008
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 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 7th day of February,
1989.
Mayor
ATTEST:
City Clerk
APPROVED:
City Attorney
STATE OF OKLAHOMA
TULSA COUNTY
FILED OR RECORDED
89 JUN 16 PM 1:28
JOAN HASTINGS
TULSA COUNTY CLERK
UTILITY EASEMENT
(General)
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, William B. Brown
owner of the legal and equitable title to the following described real estate, for
and in consideration of value received, the receipt of which is hereby acknowledged,
does hereby grant and convey to the public, for public use, a perpetual easement
through, over, under, and across the following described property:
The Southwesterly 10 feet of the Public Service Company Easement recorded in
Book 2715, Page 40, in the office of the Tulsa County Clerk, Tulsa, Oklahoma,
as it crosses Lot 1, Block 1, CLARK PLAZA FOURTH, an Addition to the City of
Owasso, Tulsa County, State of Oklahoma, according to the Recorded Plat thereof;
being rrare particularly described as follows, to-wit:
Commencing at the most Northerly point on the Easterly line of Lot 1, Block 1,
CLARK PLAZA FOURTH, an Addition to the City of Owasso, Tulsa County, State of
Oklahoma; thence S 49° 58' 49" W, along the Northerly line of said Lot 1, a
distance of 27.50 feet to the POINT OF BEGINNING; thence S 40° 01' 11" E, and
parallel with the Northeasterly line of said Lot 1, a distance of 337.71 feet to
a point on the East line of said Lot 1; thence S 0° 01' 55" W, along said East
line of Lot 1, a distance of 15.54 feet to a point; thence N 40° 01' 11" W, a
distance of 349.61 feet to a point on the Northerly line of said Lot 1; thence
N 49° 58' 49" E a distance of 10.00 feet to the POINT OF BEGINNING,
for the purposes of permitting the construction jof any and all public utilities,
including, but not limited to, storm and sanitary sewers, natural gas and water
lines, telephone and electric lines, cables, conduits, and pole lines, thereon,
through, over, under and across said property, together with all necessary and
convenient appurtenances thereto; and to use and maintain the same, and affording
the owners and operators of the above mentioned public utilities, their officers,
agents, employees, and/or all persons under contract with them, the right to enter
upon said premises and strip of land for the purpose of surveying, excavating for,
constructing, operating, and maintaining such utility, and for terminating such use.
The public is hereby given and granted possession of the above described premises for
the purposes aforesaid, and the undersigned, for himself, and his heirs,
administrators, successors, and assigns, covenants and agrees that no building,
structure, or other above or below ground obstruction that will interfere with the
purposes aforesaid, will be placed, erected, installed, or permitted upon the above
described premises; and further covenants and agrees that in the event the terms of
this paragraph are violated by the undersigned, or any person in privy with him, such
violation will be corrected and eliminated immediately upon receipt of notice from the
above mentioned public utility, or that utility shall have right to correct and eliminate
such violation,and undersigned, his heirs, administrators, successors, and assigns, shall
promptly pay the actual cost thereof.
TO HAVE AND TO HOLD such easement unto the public forever.
Dated this 3rd day of February, 1989.
William B. Brown
Owner
STATE OF CONNECTICUT
COUNTY OF NEW HAVEN, SS NEW HAVEN
Before me, rthe undersigned, a Notary Public in and for said County and State,
Before me, the undersigned, a Notary Public in and for said County and State,
on this 3rd day of February, 1989 personally appeared
William B. Brown, to me known to be the
identical person who executed the foregoing instrument and acknowledged to me
that he executed the same as his free and voluntary act and deed for the
purposes therein set forth.
GIVEN under my hand and seal the day and year last above written.
My commission expires: 3/31/91 Notary Public
Published In the Owasso Reporiey
Affidavit Of Publication Owasso, Tulsa County. Okla.
home. February 16, 1989.
BOOK 5189 PACE 1009 CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 401
AN ORDINANCE CLOSING
STATE OF OKLAHOMA, TULSA COUNTY,ss: TOILITYEAUBLIC USE A
Bill R. Retherford, of lawful age, being duly sworn B OICKLONE (11)EOF)THE
CLARK PLAZA FOURTH. AN
ADDITION TO.THE CITY-OF
and authorized, says that he is the publisher of the OWASSO, TULSA COUNTY,
OKLAHOMA; ACCORDING
Owasso,,,, Reporter TO THE RECORDED PLAT
a weekly THEREOF, AND RETAINING
UNTO SAID CITY OF OWAS-
newspaper printed in the City of Tulsa SO, OKLAHOMA, THE ABSOLUTE RIGHT TO
REOPEN SAME WITHOUT
Tulsa County, Oklahoma, a newspaper qualified to EXPENSE TO THE MUNICI-
PALITY.
WHEREAS, the City of Owasso,
publish legal notices, advertisements and publications as Oklahoma, has deemed It newe-
sary and expedient to close 10 pub-
lic use a cenain utility easement,
provided in Section 106 of Title 25, Oklahoma Statutes 1971 and
WHEREAS, said utility easement
Is described as follows: -
and 1983 as amended, and thereafter, and complies with A portion of a 15.001oot wide
easement In Lot One (1) of
Block One (1), CLARK PLAZA
all other requirements of the laws of Oklahoma with FOURTH, an Addition to the
City of Owasso. Tulsa County,
State of Oklahoma, acccrding
reference to legal publications. to the Recorded Plat there./,
being more particularly
described as follows. to -wit:
That said notice, a true copy of which is attached Commencing at the most
Northerly east corner of Lot
One (1), Block One (1)
hereto, was published in the regular edition Of said CLARK PLAZA FOURTH
Addition to the City of Owes -
so, Tulsa County, Oklahoma.
newspaper during the period and time of publication and according to the recorded plat
thereof; thence S 40. 01' 11'
E, along the East line of Lot
not in a supplement, on the following dates: One (1), a distance of 15.00
feet to a point; thence S 49°
February 1989 58'49' W, and parallel with
the NOrtherwaelerlY line of Lot
s One (1) a distance of 37.50
feat to the POINT OF BEGIN-
a distance of 220.00 deal to a
Subscribedbndsworntobeforem this. adlstancecof550o aalBOa
point; thence N 40.01'11"W ,
,198,9, , isangeo 220.00
point; thence IN 49 °58'49" E
a distance of 15.00 /eel io the
and
OF BEGINNING;
Oklahoma WHEREAS, Sect oln 42- ursuant to
Notary Public t10, the only holders of a franchise
or purported holders of a franchise
that maypuporitohsesaid eclat
right or privilege io use said utility
easement are Public Service Corry
PUBLTSHEWS FEE $ $0.45 pany of Oklahoma and /or Okla-
home Natural Gas Company,
and /or Southwestern Bell Tele.
phone Company and /or Tulsa
Cable Television Company and
WHEREAS, the above holders of
franchise or purportedholders of a
franchise that may purport to have
a special right or privilege to use
said wilily easement have waived
their objections to the closure of
said easement, N any.
NOW THEREFORE. BE IT
Section 1. That the following
described utility easement, be, and
the same Is hereby closed to the
public use, lo-wft:
A portion of a 15.00 fool wide
easement In Lot One (1) of
Block One (1), CLARK PLAZA
FOURTH, an Addition to the
City of Owasso, Tulsa County,
State of Oklahoma, accord[
to the Recorded Plat thereof,
being more particularly
described as follows, to -wit:
Commencing at the most
Northerly east.wrner of Lot
One (1), Block One (1)
CLARK PLAZA FOURTH
Addition to the City of Owas.
so, Tulsa County, Oklahoma,
according to the recorded plat
thereof; thence S 40101' 11'
E, along the East line of Lot
One (1), a distance of 15.00
feel to a point; thence S 49°
58'49" W. and parallel with
the Northerwesterly line of Lot
One (1) a distance of 37.50
feet to the POINT OF BEGIN-
NING; thence S 40.01' /1' E
a distance of 220.00 feet to a
point; thence S 49° 58' 49' W
a distance of 15.00 fast to a
paint; thence N 40° 01' 11' W
a distance of 220.00 feet to a
polls; thence N 49° 58' 49 E
a distance of 15.00 feet to the
POINT OF BEGINNING.
Section 2. That the municipality
shall retain the absolute right to I
reopen the public way or easement I
Without expense to the municipality.
Closing of the public way or ease '
Mont shall not affect the right to
maintain, repair, reconstruct, oper.
we or remove utility, public service
corporation, or transmission com-
pany facilities or service therein,
nor shall a closing affect private
ways exletlnB by operation of law
unless released In writing executed
by the owners thereof.
PASSED, APPROVED AND
ADOPTED this 7th day of February,
1989.
Is/ Stacy P. Lamb
MAYOR
(SEAL)
ATTEST:
/s/ Jane Buchanan
City Clark
APPROVED:
/a/ Ronald Cates
City Attorney