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HomeMy WebLinkAbout457_Closing Portion of Utility Easement Lot 3 block 1_Owasso Commercial Center5530 2193 93 n oqP 5530 2193 93 07893 CITY OF OWASSO ORDINANCE NO. 457 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN LOT THREE (3), BLOCK ONE (1) OF 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: The South 50 feet of the West 17.5 feet, and the South 17.5 feet of the East 32.5 feet of the West 50 feet of the utility easement located in the southwest corner of Lot Three (3), Block One (1) of the Owasso Commercial 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 THE 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 South 50 feet of the West 17.5 feet, and the South 17.5 feet of the East 32.5 feet of the West 50 feet of the utility easement located in the southwest corner of Lot Three (3), Block One (1) of the Owasso Commercial Center, an addition to the City of owasso, Tulsa County, Oklahoma; less and except the remaining portions of said easement of Lot Three (3), 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 owners thereof. AND ADOPTED this 2nd day of March, 1993. Patricia K. Marlar, Mayor ATTEST: Marcia Boutwell, City Clerk Ronald D. Cates, City Attorney Affidavit Of Pubfication 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 OWASSO ' 'u'lsa County, Oklahoma, a new,3paper qualified to p-ubllish legal notices, advertisements and pub bcations as provided in Section 106 ofiWe 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of'Oklahouna 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: day bf March Notary Public My Commission expires: March 20, 1.997 PUBLISHER'S FEE $50.35