HomeMy WebLinkAbout440_Closing Utility Easement_Brulington Center_German Corner5374 1332 92 003724
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 440
AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN
LOT TWO (2) OF BLOCK ONE (1) OF BURLINGAME 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:
The South fifteen (15) feet of Lot 2, Block 1, Burlingame Center, an addition to the City of
Owasso, Tulsa County, 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 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: The North six (6) feet of the South fifteen (15) feet of Lot 2, Block 1,
Burlingame Center, an addition to the City of Owasso, Tulsa County, Oklahoma; less and except the
East fifteen (15) feet and the West fifteen (15) feet of said Lot 2, 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.
PASSED, APPROVED AND ADOPTED this 3rd day of December, 1991.
CITY OF OWASSO, OKLAHOMA
By John Phillips, Mayor
ATTEST: Jane Buchanan, City Clerk
APPROVED AS TO FROM: Ronald D. Cates, City Attorney
Affidavit Of Publication
ORDINANCE #440
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 int he city of OWASSO
Tulsa County, Oklhaoma, 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:
December 12, 1991
Subscribed and sworn to before me this 13th
day of December, 1991
PUBLISHER'S FEE $16.65
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 440
AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN
LOT TWO (2) OF BLOCK ONE (1) OF BURLINGAME 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.
IN THE DISTRICT COURT OF TULSA COUNTY,
STATE OF OKLAHOMA
LOCAL AMERICA BANK OF TULSA,
a Federal Savings Bank,
Plaintiff,
Case No. CJ 92 0021
vs.
THE CITY OF OWASSO, OKLAHOMA, a
municipal corporation,
THE OWASSO PUBLIC WORKS
AUTHORITY, a public trust,
PUBLIC SERVICE COMPANY OF
OKLAHOMA, a corporation,
ONEOK, INC., a corporation,
d/b/a Oklahoma Natural Gas
Company, a corporation;
UNITED ARTISTS THEATER
CIRCUIT, INC. a/k/a
UNITED ARTISTIS COMMUNICATIONS
INC., a corporation, and
SOUTHWESTERN BELL TELEPHONE
COMPANY, a corporations
DISTRICT COURT
FILED
FEB 18 1992
DON E. AUSTIN, COURT CLERK
STATE OF OKLA. TULSA COUNTY
Defendants.
JOURANL ENTRY OF JUDGMENT
THIS CAUSE came on regularly for hearing the 18th day of
February, 1992. The Plaintiff appeared by its attorneys,
Doerner, Stuart, Saunders, Daniel & Anderson, Defendants, City
of Owasso, Oklahoma, The Owasso Public Works Authority, Public
Service Company of Oklahoma, ONEOK, Inc. d/b/a Oklahoma Natural
Gas Company, Southerwester Bell Telephone Company, and United
Artists Theater Circuit, Inc. a/k/a United Artists
Communications, Inc., having filed their disclaimer being in default or otherwise
answered herein, appeared not.
The Court, having examined the pleadings, heard the
arguments of counsel, and being fully advised in the premises,
FINDS:
1. By Ordinance No. 440 duly adopted by the Council of
the City of Owasso, Oklahoma, on December 3, 1991, the City of
Owasso, Oklahoma, Clsed the easement, described as follows:
The north 6 feet of the South 15 feet on Lot 2, Block
1, BURLINGAME CENTER, an Addition in Tulsa County,
State of Oklahoma, according to the recorded plat
thereof, LESS AND EXCEPT the East 15 feet and the West
15 feet of said Lot 2.
2. The easement described in Paragraph 1 lies wholly
within real property owned by Plaintiff.
3. Upon the closing of the foregoing portion of the
easement, the same reverted to Plaintiffs as the owners of the
foregoing described real estate, subject only to the right of the
City of Owasso, Oklahoma, to reopen the same, the rights of the
owners of the utilities to maintain the same, and private ways
therein.
4. Neither the City of Owasso, Oklahoma, not any public
utilities belonging to the City of Owasso, Oklahoma, nor any
public srvice corporation or service transmission company are
using the above described eastment for public purposes.
5. The defendants, Public Service Company of Oklahoma,
Oneok, Inc. d/b/a Oklahoma Natural Gas Company, Southwestern Bell
Telephone Company, and United Artists Theater Circuti, Inc. a/k/a
United Artists Communications, Inc., are all the public service
corporations, transmission and utility companies, franchise
holders or other having any rights in the above described
easemet in the City of Owasso, Oklahoma, and non of said
Defendants have any facilities or services within the above-
described easement.
-2-
6. There are no other persons, firms, or corporations
which claims any interset or rights in said closed easement.
7. Therefore, none of the Defendants object to the relief
requested by the Plaintiffs herein.
8. the names and addresses of all other persons required
by law to be notified herein, as shown by the current year's tax
rolls in the office of the County Treasurer of Tulsa County,
Oklahoma are set forth on the certificate of Tulsa Abstract &
Title Company, a bonded abstractor, which is attached to the
Petition filed herein and marked Exhibit "B" and herein
incorporated by reference.
9. All of the named parties and those who might claim a
right, title or interest in the above described easement and
those what are required by law to be notified of the proceedings
herein have all been properly served or otherwise properly
notified of the proceeding herein as required by law as shown by
the publication notice to the public which appeared in the Tulsa
Daily Commerce & Legal News on January 14, 1992; the Affidavit
of the Publisher of the Tulsa Daily Commerce & Legal Newns of the
aforesaid Publication Notice which is filed herein; and the
Affidavit of Mailing of Kevin C. Coutant that, on January 9,
1992, he mailed a copy of the Petition, Summonses, a copy of the
Order setting this matter for hearing on February 18, 1992, to
the owners of record, as shown by the current years's tax rolls in
the office of the County Treasurer, and each property is whthin
300 feet in any direction from the easement sought to be vacated.
Plaintiff knows of no other person, firms, or corporations, not
-3-
otherwise required to be notified of this proceeding, that claim
any right or interest in the closed easement.
NOW, THEREFORE, IT IS CONSIDERED, ORDERED, ADJUDGED, AND
DECREED by this Court as follows:
That Local America Bank of Tulsa is the owner in fee simply
of all the property upon which the easement appears, and
Local America Bank of Tulsa's title thereto is hereby vested and
quieted, and Defendants and all other persons entitled to notice
of this proceeding are hereby adjudged to have no right, title,
or interest in the foregoing real property or closed easement.
That Plaintiffs have complied with the Oklahoma Statutes
currently in force with respect to vacating and closing the above
described easement.
That all of the above-described easement is, therefore,
ADJUDED, ORDERED, AND DECREED to be vacated and closed, and the
right of the City of Owasso, Oklahoma to open it is hereby
foreclosed.
ORDERED this 18th day of February, 1992
Jame P. Wisemen
Judge of the District Court
-4-
RONALD D CATES
ATTORNEY AT LAW
SUTE 109 EXECUT!VE CENTER
12620 EAST 86TH STREET NORTH
OWASSO, OKLAHOMA 74055
918-272 -9592
Mrs. Jane Buchanan
Owasso City Clerk
207 South Cedar
Owasso, Oklahoma 74055
FAX: 918 / 272-9594
Re., Local America Bank of Tulsa v. The City of Owasso,
Oklahoma, et al., Case No. CJ-92-0021, Tulsa County
District Court; Our File No. 2780-215
Dear Mrs. Buchanan:
Enclosed you will find a file-stamped copy of the Journal
Entry of Judgment entered in the above-referenced matter. Should
you have questions regarding same, please do not hesitate to con-
tact Mr. Cates.
jek
Enclosure
Sincerely,
jUDY e kIDD
Secretary to Ronald D. Cates
INTHE DISTRICTCOURT OFTULSA COUNTY
STATE OF OKLAHOMA, 500 SOUTH DENVER, TULSA, OKLAHOMA 74103
a Federal Savings Bank
vs.
Case No.
Attorney(s) for Plaintiff(s)
Name
Address
Defendant(s) Telephone
City of Owasso
c/o Jane Buchani-r-t
City Clerk
P. O Bow
Owasso, OK 74055
Appointed to serve. PSL #
To the above-named Defendant(s)
Authorized by
You have been sued by the above named plaintiff(s), and you are directed to file a written answer to the attached petition,
and order in the court at the above address within twenty (20) days after service of this summons upon you exclusive of the day
of service. Within the same time, a copy of your answer must be delivered or mailed to the attorney for the plaintiff. Unless
you answer the petition within the time stated judgment will be rendered against you with costs of the action.
Issued this day of
*Order Setting Hearing
Publication Notice to the Public
Don E. Austin, Court Clerk
Deputy Court Clerk
(date of service)
(Signature of person serving summons)
Form 2290 (Rev. 9-85) Page 3 of 5 CFB
IN THE DISTRICT COURT OF TULSA COUNTY,
STATE OF OKLAHOMA
LOCAL AMERICA BANK OF TULSA,
a Federal Savings Bank,
Plaintiff,
Case No. CJ 92 0021
vs.
THE CITY OF OWASSO, OKLAHOMA, a
municipal corporation,
THE OWASSO PUBLIC WORKS
AUTHORITY, a public trust,
PUBLIC SERVICE COMPANY OF
OKLAHOMA, a corporation
d/b/a Oklahoma Natural Gas
Company, a corporation;
UNITED ARTIS THEATRE
CIRCUIT, INC. a/k/a
UNITED ARTISTS COMMUNICATIONS
INC., a corporation, and
SOUTHWESTERN BELL TELEPHONE
COMPANY, a corporation,
Defendants.
PETITION
COME NOW the Plaintiff, Local America Bank of tulsa, and
for its cause of action against the Defendany, the City of Tulsa,
Oklahoma, alleges as follows:
1. The Plaintiff is a Federal savings Bank having an
address of 5801 East 41st Street, Tulsa, Oklahoma 74101.
2. By Ordinance 440, a copy of which is attached hereto
and marked Exhibit "A", duly adopted by the Council of the City of Owasso,
Oklahoma closed the utility easement descibed as follows:
The North 6 feet of the South 15 feet of Lot 2, Block
1, BURLINGAME CENTER, an Addition in Tulsa County,
State of Oklahoma, according to the recorded plat
thereof, LESS AND ECEPT the East 15 feet and the West
15 feet of said Lot 2.
3. that the above-described easement was dedicated
pursuant to the Certificate of Dedication of Burlingame Center,
an Addition to Tulsa County, State of Oklahoma, according to the
recorded plat thereof dated February 20, 1978 and filed on
February 27, 1978 in connection with Plat Number 3778.
4. The easement described in paragraph 3 lies wholly
within real property owned by Plaintiff.
5. By virtue of 11 Okla. Stat. § 42-113 (C), title to said
closed easement shall be vested in the Plaintiff.
6. Neither the City of Owasso nor any public utilities
belonging to the City of Owasso nor any public service
corporation or transmission company have used said closed
easement within the last fire (5) years.
7. The Defendatns, The Owasso Public Works Authority,
Public Service Company of Oklahoma, ONEOK, INC., d/b/a Oklahoma
Natural Gas Company, Southwestern Bell Telephone Company, and
United Artists Theater Circuit, Inc. a/k/a United artis
Communications, Inc., are all of the public service corporations,
transmission and utility companies, franchise holders or others
having rights in easements in the City of Owasso, Oklahoma and
none of said Defendants have any facilities or services within
the said closed easements.
-2-
8. The names and addresses of all the persons required by
law to be notified herein, as shown by the current year's tax
roles in the Office of the County Treasurer of Tulsa County,
Oklahoma, are set forth on the certificate of Tulsa Abstract &
Title Company, a bonded abstractor, which is attached hereto and
marked as exhibit "B".
WHEREFORE, the Plaintiff prays for an entry of judgment that
it is in the ower in fee simply of the property covered by the
closed easemet described in paragraph 2, that the Plaintiff's
title thereto be quieted, that the Defendant and all other
persons entitled to notice of this proceeding to have no right,
title or interest in such closed easement, that Plaintiff has
complied with the Oklahoma Statues currently in force with
respect to vacating the above easement, that the easement is
vacated, that the absolute right to reopen the easement is
foreclosed, and for such other and further relief as the Court
may deem proper.
By:
Kevin C. Coutant
OBA No. 1953
DERNER, STUART, SAUNDERS,
DANIEL & ANDERSON
320 South Boston, Suite 500
Tulsa, Oklaoma 74103
(918) 582-1211
Attorneys for Plaintiff
VERFICATION
STATE OF OKLAHOMA
COUNTY OF TULSA
Bill Latting, of lawful age, being first duly sworn upon
oath, deposes and states that he has read the above and
foregoing Petition, that he is familar with the contents
thereof, and that the facts therein set forth are true and
correct to the best of his knowledge and behalf.
Kevin C Coutant
Subscribed and Sworn to before me this 2nd day of
January, 1992
Notary Public
My Commission Expires:
(SEAL)
-4-
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 440
AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN
LOT TWO (2) OF BLOCK ONE (1) OF BURLINGAME 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 MHNICIPALITY.
WHEREAS, the City of Owasso, Oklahoma, has deem.d it necessary and expedient to close
to public use a certain utility easement, and
The South fifteen (15) feet of Lot 2, Block 1, Burlingame Center, an addition to the City of
Owasso, Tulsa County, Oklahoma, and according to the recorded plat thereof, and
WHEREAS, pursuant to Title 11, Oklahoma Statutes, Section 42-110, the only holders of a
fanchise 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 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 utty easement, be, and the same is hereby closed to
the public use, to-wit: The North six (6) feet of the South fifteen (15) feet of Lot 2, Block 1,
Murlingame Center, an addition to the City of Owasso, Tulsa County, Oklahoma; less and except the
East fifteen (15) feet and the West fifteen (15) feet of said Lot 2. accordisg to
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 3rd day of December, 1991.
John Phillips, Mayor
(SEAL)
ATTEST:
Jame Buchanan, City Clerk
APPROVED: Ronald D. Cates, City Attorney
That said notice, a true copy of which is attached
hereto, was published in the regular edition ®f said
newspaper during the period and time Of publication
Published in ;he Owasso Reporter.
Owasso. Tulsa County, Okla.
homa. December 12, 1991.
CITY OF OWASSO, OKLANOIAA
ORDINANCE N0.44()
AN ORD :NANCE CLOSING
'O THE PUBLIC USE A
UTILITY EASEMENT LOCAT-
ED IN LOT TWO (2) OF
BLOCK ONE (1) OF
BURLINGAME CENTER, AN
ADDITION TO THE CITY OF
OWASSO. TULSA COUNTY.
OKLAHOMA, ACCORDING
TO THE RECORDED PLAT
THEREOF. AND RETAINING
UNTO SAID CITY OF OWAS-
SO. OKLAHOMA, THE
ABSOLUTE RIGHT TO
REOPEN SAME WITHOUT
EXPENSE TO THE MUNICI-
PALITY.
PASSED. APPROVED AND
ADOPTED this 3rd day of Decem-
oer. 7991.
o Dorm PhJGps
John Phillips. Mayo,
;SEAL)
ATTEST:
oJane Buchanan
Jane Buchanan, City Clerk
APPROVED:
Ronald D. Cases
101,ald D Cates. 011i A +-Caney
SPECIAL CERTIFICATE
The TULSA ABSTRACT & TITLE COMPANY, a duly qualified and bonded abstract
Company within and for the County of Tulsa, State of Oklahoma, does hereby certify:
There is shown herein a true and correct list of all owners of record of:
A 300 FOOT REDIUS SURROUNDING A TRACT OF LAND DESCRIBED AS FOLLOWS:
A strip of land 6 feet inwidth, being a part of a platted
15 foot Utility Easement along the Southerly line of Lot 2,
Block 1, BURLINGAME CENTER, an Addition in Tulsa County,
State of Oklahoma, said 6 food wide strip of land being
described as follows:
The North 6 feet of the South feet of Lot 2, Block 1,
BURLINGAME CENTER, an Addition in Tulsa County, State of
Oklahoma, according to the recorded Plat thereof, LESS and
EXCEPT the West 15 feet and the East 15 feet of said easement,
as shown by the current year's tax rolls as of the date of this certificate in the
office of the County Treasurer within and for Tulsa county, Oklahoma.
AND
That said list also shows the last GRANTERS of record in the office of the County
Clerk wihtin and for Tulsa County, State of Oklahoma.
ADDRESSES given in this report are not certified to.
This certificate certifies to Tulsa County Treasurer 1991
Tax Roll and last Grantees of record of the Tulsa County
Clerk as of December 10, 1991 at 7:59 A.M.
IN WITNESS WHEREOF, the TULSA ABSTRACT & TITLE COMPANY has caused these
presents to be signed, and its corporate seal to be affixed this 12th day of
December, 1991.
TULSA ABSTRACT & TITLE COMPANY
By President
No. 93177
EXHIBIT "B"
Names and Addresses
Local America Bank of Tulsa
P. O. Box 3499
Tulsa, OK, 74101
Harold W. Burlingame and
Barbara Jean Burlingame,
6660 E. Lewis - Suite 200
Tulsa, Ok., 74136 -1035
Worthen Bank & 'Trust Co.,
P.O. Box 1631
Little Rock, Ark., 72203
Roy E. Thomas and Jo Ann Thomas
P.O. Box 472330
Tulsa, OK., 74147
International Church of the
Fourt Square Gospel
1100 Glendale Blvd.,
Los Angeles, Ca., 90026
Ray I. Hatfield and
Dorthy P. Hatfield
11409 N 113th E. Ave.,
Owasso, Ok., 74055
Amy R. Carter
694 Middle River Dr.
Ft. Lauderdale, Fl., 33304
Legal Description
Lot 2, LESS: bEG. SW/C, the E200;
N80; W200; p.o.b. & LESS: W50;
N225 thereof, Block 2
AND
Part of Lot 1; Beg. SW/C, th E200;
N80' W200; S80 p.o.b. Block 1
BURLINGAME CENTER
Lot 2, Block 1
BURLINGAME CENTER
S105 fT. Lot 4 and W50 ft. S105 Ft.
N225 ft. Lot 1, Block 1
BURLINGAME CENTER
N120 Ft. Lot 4 and W50 N120 of Lot 2,
Block 1
BURLINGAME CENTER
E2 NW NW NW
Sec. 8-21-14 f ac.
SW NW NW, LESS .25 ac. for rd.
Sec. 8-21-14
S15 of E 413 of Lot 1, Block 1
AND S260 of W282 and N260 of S275 of
E413 Lot 1, Block 1
SHOPPING CENTER AT HWYS 169 AND 20
AND
Lot 3, Block 1
SHOPPING CENTER AT HOWS 169 AND 20
N1 of S530 of NE NE of
Sec. 7-21-14 0.030 acs.
-continued-
Names and Addresses
S. Wayne Vines and
Barbara A. Vines
P.O. Box 21,
Owasso, Ok., 74055
Deanna Rae Holcomb
c/o Deanna Baumgarten
P.O. Box 34
Sperry, Ok., 74073
Lots I and 2, Block 1
HALE ACRES 2ND
Lot 3, Block 1
HALE ACRES 2ND
IN THE DISTRICT COURT OF TULSA COUNTY,
STATE OF OKLAHOMA
LOCAL AMERICA BANK OF TULSA,
a Federal Savings Bank,
Plantiff,
vs. Case No. CJ 92 0021
THE CITY OF OWASSO, OKLAHOMA, a
municipal corporation,
THE OWASSO PUBLIC WORKS
AUTHORITY, a public trustl,
PUBLIC SERVICE COMPANY OF
OKLAHOMA, a corporation,
ONEOK, INC., a corporation
d/b/a Oklahoma Natural Gas
Company, a Corporation;
UNITED SRTISTIS THEATER
CIRCUTI, INC. a/k/a
UNITED ARTISTS COMMUNICATIONS
INC., a corportation, and
SOUTHWESTER BELL TELEPHONE
COMPANY, a corporation,
Defendants,
DISTRICT CURT
FILED
JAN 7 1992
DON E. AUSTIN, COURT CLERK
STATE OF OKLA. TULSA, COUNTY
ORDER SETTING HEASRING ON
PLAINTIFF'S PETITION TO VACATE EASEMENT
COMES NOW before the court the application of plantiff for
the setting of a hearing pursuant to 11 Okla. stat. §42-112 on
the Plaintiff's Petition to vacate the easement which is the
subject of this action. The Court finds that the same should be
granted.
IT IS THEREFORE ORDERED that a hearing onthe plantiff's
petition to vacate the easement which is the subject of this
action shall be held on Feb 18, 1992 at 9:00 o'clock
A.m. before Judge Jane P Wiseman in the Tulsa county
Courthouse, tulsa, Oklahoma. Room 506
Jane P. Wiseman
Judge of the District court 1/3/92
IN THE DISTRICT COURT OF TULSA COUNTY,
STATE OF OKLAHOMA
LOCAL AMERICA BANK OF TULSA,
a Federal Savings Bank,
Plantiff,
vs. Case No. CJ 92 0021
THE CITY OF OWASSO, OKLAHOMA, a
municipal corporation,
THE OWASSO PUBLIC WORKS
AUTHORITY, a public trustl,
PUBLIC SERVICE COMPANY OF
OKLAHOMA, a corporation,
ONEOK, INC., a corporation
d/b/a Oklahoma Natural Gas
Company, a Corporation;
UNITED SRTISTIS THEATER
CIRCUTI, INC. a/k/a
UNITED ARTISTS COMMUNICATIONS
INC., a corportation, and
SOUTHWESTER BELL TELEPHONE
COMPANY, a corporation,
Defendants,
DISTRICT CURT
FILED
JAN 8 1992
DON E. AUSTIN, COURT CLERK
STATE OF OKLA. TULSA, COUNTY
PUBBLICATION NOTICE TO THE PUBLIC
All persons will take notice that Local america Bank of
Tulsa has filed an action in the District Court for Tulsa County,
State of Oklahoma, seeking the vacating of and foreclosure of the
absolute right to reopen the following described utility easement
in the city of tulsa, oklahoma, tulsa couty, oklahoma, to-wit:
The North 6 feet of the South 15 feet of Lot 2, Block
1, BURLINGAME CENTER, an Addition in tulsa county,
State of Oklahoma, according to the recorded plat
thereof, LESS AND EXCEPT the East 15 feet and the West
15 feet of said Lot 2.
All persons are notified that they must answer the foregoing
petition on or before the 7th day of February, 1992, or the
Petition may be taken as true and judgment rendered vacating said
easement and foreclosing the right of reopening the same.
The hearing to determine whether an Order permanently
foreclosing the right to reopen said easement should be issued
will be held in February 18, 1992, at 9:00 o'clock, a/m/ before
Judge Jane P. Wisemen.
Dated this 8th day of January, 1992.
Don E. Austin,
Court Clerk
By Deputy
Kevin C coutant
OBA NO. 1953
Doener, Stuart, Saunders,
Daniel & Anderson
320 South Boston
Suite 500
Tulsa, Oklahoma 74103
(918) 582-1211
Attorneys for Plaintiff
9181272-9592
February 5, 1992
Mr. Kevin C. Coutant
DOERNER, STUART, SAUNDERS,
DANIEL & ANDERSON
320 South Boston Avenue, Suite 500
Tulsa, Oklahoma 74103 -3725
FAX: 9181 272.9594
Re: Local America Bank of Tulsa v. the City of Owasso,
Oklahoma, et al., Case No. CJ -92 -0021, Tulsa
County District Court• Our File No. 2780 -215
Dear Mr. Coutant:
Please be advised that on the 4th day of February, 1992, the
City Council of the City of Owasso, Oklahoma, in regular session,
authorized me to approve the proposed Journal Entry of Judgment
submitted to me by you pursuant to your correspondence of January
24, 1992. Insofar as such proposed Journal Entry of Judgment does
not contain a signature line, I have in alternative opted to uti-
lize this correspondence to indicate the City's acquiescence to
the terms thereof. Accordingly, pursuant to authority granted,
please be advised that the City of Owasso, Oklahoma, a municipal
corporation, agrees to the District Court's foreclosure of the
municipality's statutory right to reopen the easement closed by
Ordinance No. 440 adopted by the Council of the City of Owasso,
Oklahoma, on December 3, 1991. Insofar as the statutory right to
reopen is a right possessed by the municipality, it is felt no
action was necessary on behalf of the Owasso Public Works
Authority, an Oklahoma public trust, having the City of Owasso,
Oklahoma, as its sole beneficiary. Notwithstanding such, service
has been obtained upon such Trust Authority and since I likewise
represent such, no answer or objection will be filed herein on
behalf of such Trust Authority due to the actions taken by the City
of Owasso, Oklahoma.
I hope the foregoing meets with your needs at this time, and
further would eliminate the necessity of my appearance before the
Honorable Jane Wiseman, Judge of the District Court, and the con-
sequent incurrence of costs on behalf of my client. If, however,
RONALD D. CATES
ATTORNEY AT LAW
SUITE 109 EXECUTIVE CENTER
12620 EAST 8M STREET NORTH
OWASSO, OKLAHOMA 74055
9181272-9592
February 5, 1992
Mr. Kevin C. Coutant
DOERNER, STUART, SAUNDERS,
DANIEL & ANDERSON
320 South Boston Avenue, Suite 500
Tulsa, Oklahoma 74103 -3725
FAX: 9181 272.9594
Re: Local America Bank of Tulsa v. the City of Owasso,
Oklahoma, et al., Case No. CJ -92 -0021, Tulsa
County District Court• Our File No. 2780 -215
Dear Mr. Coutant:
Please be advised that on the 4th day of February, 1992, the
City Council of the City of Owasso, Oklahoma, in regular session,
authorized me to approve the proposed Journal Entry of Judgment
submitted to me by you pursuant to your correspondence of January
24, 1992. Insofar as such proposed Journal Entry of Judgment does
not contain a signature line, I have in alternative opted to uti-
lize this correspondence to indicate the City's acquiescence to
the terms thereof. Accordingly, pursuant to authority granted,
please be advised that the City of Owasso, Oklahoma, a municipal
corporation, agrees to the District Court's foreclosure of the
municipality's statutory right to reopen the easement closed by
Ordinance No. 440 adopted by the Council of the City of Owasso,
Oklahoma, on December 3, 1991. Insofar as the statutory right to
reopen is a right possessed by the municipality, it is felt no
action was necessary on behalf of the Owasso Public Works
Authority, an Oklahoma public trust, having the City of Owasso,
Oklahoma, as its sole beneficiary. Notwithstanding such, service
has been obtained upon such Trust Authority and since I likewise
represent such, no answer or objection will be filed herein on
behalf of such Trust Authority due to the actions taken by the City
of Owasso, Oklahoma.
I hope the foregoing meets with your needs at this time, and
further would eliminate the necessity of my appearance before the
Honorable Jane Wiseman, Judge of the District Court, and the con-
sequent incurrence of costs on behalf of my client. If, however,
Mr. Kevin C. Coutant
February 5, 1992
Page 4
you feel additional documentation is necessary please advise.
Awaiting your response, I remain,
Very truly yours
Ronald D. Cates
City Attorney
RDC /jek
cc: Rodney J. Ray,
City Manager
Jane Buchanan,
City Clerk