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HomeMy WebLinkAbout413_Close Utility Easement_Block 7 Original Town_United Methodist ChurchBOOK 5264 PAGE 1513 912774 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 413 AN ORDINANCE TO CLOSE TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN AND RUNNING THROUGH THE CENTER OF BLOCK SEVEN (7) OF THE ORIGINAL TOWNSITE OF THE TOWN OF OWASSO, TULSA COUNTY, STATE OF b OKLAHOMA, BEING A STRIP OF LAND TEN (10') FEET IN WIDTH AND NINETY (90') FEET IN LENGTH, LYING NORTH OF EAST SECOND STREET, AND EXTENDING NORTH TO THE SOUTH LINE OF EAST THIRD STREET, ACCORDING TO THE RECORDED PLAT THEREOF, AND ALSO BEING KNOWN AS 207 NORTH MAIN AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY AND DECLARING AN EFFECTIVE DATE. 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: The South Ninety Feet (90') of a strip of land Five feet (5') in width on each or both sides of a center line of the North Two Hundred Forty Feet (240') of a strip of land beginning at a point One Hundred Forty Feet (140') West of the Northeast corner of Lot One (1) in Block Seven (7) of the Original Town of Owasso, Tulsa County, State of Oklahoma, thence South along the West lines of Lots One (1), Two (2), Three (3) and Four (4) in said Block Seven (7) a distance of Three Hundred Feet (300') to a point at the Southwest corner of Lot Four (4) in said Block Seven (7); thence West along the East line of West Second Street, a distance of Twenty Feet (20') to the Southeast corner of Lot Five ( 5 ) in said Block Seven (7); thence North along the East lines of Lots Five (5), Six (6), Seven (7), and Eight (8) in said Block Seven (7) a distance of Three Hundred Feet (300') to a point being the Northeast corner of said Lot Eight (8); thence East along the South line of West Third Street, a distance of Twenty Feet (20') to the point of beginning, all of said real property being within the City of Owasso, Tulsa County, State of Oklahoma, and according to the recorded plat thereof, 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 privilege to use and utility easement have waived their objections to the closure of said easement, it 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 utility easement located in and running through the center of block seven (7) of the Original Townsite of The Town of Owasso, Tulsa County, State of Oklahoma, being a strip of land Ten (10') feet in width and,Ninety (90') feet in length, lying North of East Second Street, and extending North to the South line of East Third Street, according to the recorded plat thereof, and also being know as 207 North Main, being more particularly described as follows, to -wit: BOOK5264 PACE 1514 The South Ninety Feet (90') of a strip of land Five feet (5') in width on each or both sides of a center line of the North Two Hundred Forty Feet (240') of a strip of land beginning at a point One Hundred Forty Feet (140') West of the Northeast corner of Lot One (1) in Block Seven (7) of the Original Town of Owasso, Tulsa County, State of Oklahoma, thence South along the West lines of Lots One (1), Two (2), Three (3) and Four (4) in said Block Seven (7) a distance of Three Hundred Feet (300') to a point at the Southwest corner of Lot Four (4) in said Block Seven (7); thence West along the East line of West Second Street, a distance of Twenty Feet (20') to the Southeast corner of Lot Five (5) in said Block Seven (7); thence North along the East lines of Lots Five (5), Six (6), Seven (7), and Eight (8) in said Block Seven (7) a distance of Three Hundred Feet (300') to a point being the Northeast corner of said Lot Eight (8); thence East along the South line of West Third Street, a distance of Twenty Feet (20') to the point of beginning, all of said real property being within the City of Owasso, Tulsa County, State of Oklahoma, and according to the recorded plat thereof. 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. Section 3. This ordinance shall, upon passage, take effect thirty days from the first date of publication as provided by state law. PASSED, APPROVED AND ADOPTED this 6th day of March, 1990. MAYOR City Clerk City Attorney BOOK5264 PAGE 1515 Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, as: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the as 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; Subscribed and swomto'befor2me 8th day of. larch :190 Notary Public MyCOII TInls Sion. expires . tember 13 1981 $.. 106,.20 Publlshe t in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, March 8, 1990. A UTILITY It naves. rent, and on each or min skim in a comer nne or me rmnn mu nu...... Forty Feet (40') of a strip of land beginning at a point One Hundred Foray Feet (140') West of the Northeast miner of Lot ' One (1) In Block Seven (7) of the Original Town of Owasso, Tulsa Courtly, Slate al Oklahoma, thence South along the West lines of Lots One (1). two (2). Three (3) and Four (4) in said Block Seven `7) a distance of Three Hundred Feet (300') to a point at the Southwest minor of Lot Four (4) In said Stock Seven (7); thence West along the East line of West Second Street, adistance of Twenty Feet (20) to the Southeast miner of Lot Five (5) In said Block Seven ) a the long (5Sis (6Sevven (7). and Eight (B) I said Bloc k Seven (7) a dis- Ince of Three Hundred Feel (300) to a point being the Northeast corner of said Lot Eight (8); thence East along the South line of West Third Slree , a distance of Twenty Feet (2(7) to the point of beginning, all of said real property being within the City of Owasso, Tulsa County, Stale of Oklahoma, and according to the recorded plat thereof, and WHEREAS, pursuant to Title 11, Oklahoma Statutes, Section 42- 110, the only holders of a franchise or purported holders of a Iranchim that may purport to have a special right or privilege to use mid utility easement are Public Service Company of Oklahoma and/or Oklahoma Natural Gas Company. ad/of Southwestern Bell Telephone Company nNor Tulsa Cable Television Company. and WHEREAS, the above holders of franchise or purported holders Of a franchise that may portion to have a special right or prNllege to use said utllhy amement have waived their objections to the closure d said easement, 5 any. NOW THEREFORE, BE IT ORDAINED BY COUNCIL OF THE CITY OF OWASSa OKLAHOMA: easement. be. ndlhe same Is ad In and running through the center of Block Seven (7) of the Original Townsile of The Town of Owasso. Tulsa County, State of Oklnoma being a strip of land Ten (10') feet in width and Ninety (90') feet In length, lying North of East Second Street, and extending North to the South ilne of Ent Third Street, according to the recorded plat thereat. and also being known as 207 North Main. being more particularly described as follows, to -wit: The South Ninety Feel (90) of a strip of land Five fCet (5') In width on each or both sides of a Center line of the North Two Hundred Forty Feet (240') of a strip of land beginning at a point One Hundred Forty Feet (140') West of the Northeast corner of Lot One (1) In Block Seven (7) of the Original Town of Owasso, Tulsa County, Slate of Oklahoma, thence South along Ins West lines of Lots One (1). Two (2), Three (3) and Four (4) In said Block Seven (7). dlslance of Three Huntlred Feet (300') to a point at the Southwest mine of Lou Four (4) In sord ®IoW Seven (7); thence West along the East Ilne of West Second Street. a distance of Twenty Feet (20) to the Southeast corner of Lot Five (5) In said Block Seven (7); thence North along the East lines of Lots Five In)celof( FreSeven undred Fast(h3Wj to a point being Ore Notheast or (SEAL) ATTEST: /s/ Jane Buchanan, City Clark APPROVED: ls/ Ronald D. Cams. City Attorney wemy Feel (20) to the point Of any being within the City of Iklahome, and according to the shall retain the absolute right to remove utility, public sarvree COW ;ilitiea of service lheroin, nor shalt a by operation of law unless released erect. ipon passage, lake effect thirty days provided by stale law. )PTED this 6th day at March. 1990.