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HomeMy WebLinkAbout460_Repealing Ord 53_Closing a portion of Carlsbad St & W 1st5530 2190 93 078932 CITY OF QWASSO, OKLAHOMA ORDINANCE NO. 460 AN ORDINANCE REPEALING ORDINANCE NO. 53, DATED THE 19TH DAY OF OCTOBER, 1964, AND CLOSING TO THE PUBLIC THAT PORTION OF NORTH INDIANA STREET, NOW NORTH CARLSBAD STREET, IN THE TOWN OF OWASSO, OKLAHOMA, BETWEEN LOT ONE (1) IN BLOCK NINE (9) AND LOTS EIGHT (8) AND NINE (9) IN BLOCK TEN (10) OF GREENLEE'S ADDITION TO THE CITY OF OWASSO, ACCORDING TO THE RECORDED PLAT THEREOF, AND EXTENDING FROM THE SOUTH LINE OF WEST THOMAS STREET, NOW WEST SECOND STREET, IN A SOUTHERLY DIRECTION, TO THE EASTERLY BOUNDARY LINE OF THE ATCHISON, TOPEKA, AND SANTA FE RAILROAD RIGHT -OF -WAY, MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, AND ALSO THAT PORTION OF WEST LEE AVENUE, NOW WEST FIRST AVENUE, IN THE TOWN OF OWASSO, OKLAHOMA, BETWEEN LOT FOUR (4) IN BLOCK TWENTY (20) AND LOT ONE (1) IN BLOCK TWENTY -ONE (21) OF THE ORIGINAL TOWN OF OWASSO, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, EXTENDING FROM THE WEST LINE OF SOUTH OKLAHOMA STREET, NOW SOUTH ATLANTA STREET, IN A WESTERLY DIRECTION, TO THE EASTERLY BOUNDARY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT -OF- WAY, ALL IN SAID CITY OF OWASSO, OKLAHOMA, AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, WITH CERTAIN RESERVATIONS HEREIN PRESCRIBED AND DECLARING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CTTY OF OWASSO, OKLAHOMA, THAT, TO -WIT: Section 1. Ordinance No. 53 of the Town of Owasso, Oklahoma, now the City of Owasso, Oklahoma, dated the 19th day of October, 1964, is hereby repealed. That portion of North Indiana Street, now North Carlsbad Street, between Lot One (1) in Block Nine (9) and Lots Eight (8) and Nine (9) in Block Ten (10) of Greenlee's Addition to the City of Owasso, Oklahoma, extending from the South line of West Thomas Street, now West Second Street, to the Easterly boundary line of the Atchison, Topeka and Santa Fe Railroad Right -of -Way, within the City of Owasso, Oklahoma, and more particularly described as follows: Beginning at a point on the Northeast Corner of Lot One (1) of Block Nine (9) of Greenlee's Addition to the Town of Owasso, Oklahoma, thence South along the East line of said Lot One (1) to the Easterly boundary line of the Atchison, Topeka and Santa Fe Railroad Right-of-Way, Thence Southeasterly along the said Easterly boundary line of said railroad right -of -way to a point at the Southwest corner of Lot Nine (9) in Block Ten (10) of Greenlee's Addition; thence North along the West Line of Lot Nine (9) and of Lot Eight (8) in Block Ten (10), of said Greenlee's Addition, to the Northwest (NW) corner of said Lot Eight (8) in said Block Ten (10) of said Greenlee's Addition, at the South Line of West Thomas Street, now West Second Street, in the City of Owasso; thence West along the South line of said West Thomas Street (now West Second Street) a distance of Sixty Feet (60 ft.) to the point of beginning, EXCEPT a strip of land, twenty feet (20 ft.) in width, lying immediately on the north side of a line beginning at the northwest corner of Lot Nine (9) in Block Ten (10), in said Greenlee's Addition, and extending to a point on the East Line of Lot One (1), in said Block Nine (9), One - Hundred Sixty Feet (160 ft.) South of the Northeast corner of said Lot One in Block Nine (9) in said Greenlee's Addition, which is reserved for a public alley -- all of said real property being within the City of Owasso, State of Oklahoma, and according to the recorded plat thereof, is hereby closed to the public use. 5530 2191 Section 2. That portion of West Lee Avenue, now West First Avenue, between Lot Four (4) in Block Twenty (20) and Lot One (1) in Block Twenty-One (21) of the Original Town of Owasso, Oklahoma, extending from the West line of South Oklahoma Street, now South Atlanta Street, to the Easterly line of the Atchison, Topeka and Santa Fe Railroad Right -of -Way, within the City of Owasso, Oklahoma, and more particularly described as follows: Beginning at a point at the Southeast corner of Lot Four (4), in Block Twenty (20) of the Original Town of Owasso, Oklahoma; thence West a distance of One Hundred Forty-five Feet (145 ft.) to the Southwest corner of said Lot Four (4) and at a point on the Easterly boundary line of the Atchison, Topeka and Santa Fe Railroad Right - of -Way; thence Southeasterly along the Easterly boundary line of said railroad right - of -way to a point at the Northwest corner of Lot One (1) in Block Twenty-one of said Original Town of Owasso, Oklahoma, thence East along the North line of said Lot One (1) in Block Twenty-one (2 1) a distance of One Hundred Sixteen Feet (116 ft.) to the West Line of South Oklahoma Street, now South Atlanta Street, in said City of Owasso, at the Northeast corner of Lot One (1) in said Block Twenty-one (21); thence North along the West line of said South Oklahoma Street, now South Atlanta Street, a distance of Seventy-five Feet (75 ft.) to the Southeast corner of said Lot Four (4), in Block Twenty (20), of the Original Town of Owasso, the point of beginning, all within the City of Owasso, and according to the recorded plat thereof, is hereby closed to the public use 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 owners thereof. Section 4. That this ordinance shall take effect thirty (30) days from and after its first publication as provided by State Law. PASSED AND APPROVED this 18th day of May, 1993. Bob Randolph, Mayor ATTEST: Marcia Boutwell, City Clerk Ronald D. Cates, City Attorney BLOCK NINE (9) AND LOTS EIGHT (B) AND NINE (9) IN Town of Owasso, Oklahoma, thence South along the East use. Seventy-five Feet (75'ff:};Yo Feet (75 ft.) BLOCK TEN (10) OF GREEN- LEE'S ADDITION TO THE line of said Lot One O to the Easterly, line of the Section 2, That portion of West Southeast to Lot Four (4), in Block "twenty ,Affidavit CITY O F OWASSO, TO THE Topeka Atchison, Topeka Right-of-Way, Santa Lee Avenue, now West First Avenue, between Lot Four(4) in (20), of the Original Town of Owasso, the point of <begin- begin- RACCORDING RECORDED L RECORDED PLAT THERE- gF,ANDEXTENDINGFROM steely long Thence Souiheasterty along Thence nce Sod Block Twenty (20) and Lot One (1) in Block Twenty -One (21) of the ning, all within the City of Owasso, and according to tits b` STATE OF OKLAHOMA, TULSA COUNTY, ss° THE SOUTH LINE OF WEST the said Easterly boundary line of said railroad right -of- Original Town of Owasso, Oklahoma, recorded plat thereof, THOMAS STREET, NOW WEST SECOND STREET, IN way to a point at the Southwest corner of Lot Nine extending from the West line of South Oklahoma is hereby closed to the public use. Bill R. Retherford, of lawful age, being duly sword A SOUTHERLY' DIRECTION, TO THE EASTERLY BOUND- (9) in Block Ten (10) of Street, now South Atlanta Street, to the Easterly line of the Atchison, Section 3. That the municipality and authorized, says that he is the of the ARY LINE OF THE ATCHI- SON, TOPEKA, AND SANTA Greenlee's Addition; thence North along the West Line of Lot Nine (9) and of Lot Eight Topeka and Santa Fe Railroad Right -of -Way, within the City of shall retain the absolute right to reopen the public way or easement publisher FE RAILROAD RIGHT-OF- `ULARLY (6) in Block Ten (10), of said Owasso, Oklahoma, and more par- titularly described as follows: without expense to the municipality. Closing of the public way or ease - OWASSO REPORTER , a weekly WAY,, MORE PART DESCRIBED IN THIS ORDI- NANCE, Greenlee's Addition, to the Northwest (NW) corner of said Beginning at a point at the ment shall not affect the right to maintain, repair, reconstruct, opele AND ALSO THAT PORTION OF WEST LEE Lot Eight (8) in said Block Ten (10) of said Greenlee's Southeast corner of Lot Four ate or remove utility, public service news a er printed in the cif of OWAS S 0 AVENUE, NOW WEST FIRST Addition, at the South Line of (4), in Block Twenty (20) of the Original Town o4 Owasso, corporation,ortransmission com- piny facili4ies of servicetherein, AVENUE, IN THE TOWN OF OWASSO, OKLAHOMA, West Thomas Street, now West Second Street, in the nay shall closing affect private, Tulsa County, Oklahoma, $ newspaper qualified to BETWEEN LOT FOUR 4 I City of Owasso; thence West tanceof One undyed Forty- five of One Hundred Forty- five Feet 145 ft.) to the e stig b ways existing by operation of law law 4 unless released in writing executed BLOCK TWENTY (20) AND LOT ONE (1) IN BLOCK along the South line of said West Thomas Street (now Southwest corner of said Lot by owners thereof. 9 publish legal notices, advertisements and publications TWENTY -ONE (21) OF THE West Second Street a dis- Four (4) and at a point on the Easterly boundary line of the Section 4. That this ordinance ORIGINAL TOWN OF OWAS- SO, OKLAHOMA, ACCORD- tance of Sixty Feet (60 N.) to Atchison, Topeka and Santa shall take effect thirty (30) days as provided in Section 106 of Title 25, Oklahoma ING TO THE RECORDED the point of beginning, EXCEPT a strip of land,twen- Fe Railroad Right of -Way; from and after its first publication as by PLAT THEREOF, EXTEND- ty feet (20 ft.) in width, lying thence Southeasterly along the Easterly boundary line of provided State Law, Statutes 1971 and 1983 as amended, and thereafter, ING FROM THE WEST LINE OF SOUTH OKLAHOMA immediately on the north side said railroad right of -way to a PASSED AND APPROVED this STREET, NOW SOUTH of a line beginning at the northwest corner of Lot Nine point at the Northwest corner of Lot One (pin Block Twenty- 18th day of May, 1993. and complies with all other requirements of the laws ATLANTA STREET, IN A WESTERLY DIRECTION, TO (9) in Block Ten (W), In said one of said Original Town of Is/ BOB RANDOLPH THE EASTERLY BOUNDARY Greenlee's Addition, and extending to a point on the Owasso, Oklahoma, thence East along the North line of Bob Randolph, Mayor Of Oklahoma with reference to legal publications° LINT; OF T14E ATCHISON, TOPEKA AND SANTA FE East Line of Lot One (1), in said Lot One (1) in Block RAILROAD RIGHT -OF WAY, said Block Nine (9), One- Hundred Sixty Feet (160 fL) Twenty- one(21) a distance 'of One Hundred Sixteen Feet (Seal) That said notice, a true copy of which is attached ALL IN SAID CITY OF OWAS- SO, OKLAHOMA, AND South of the Northeast corner (116 ft.) to the West Line of ATTEST: hereto, was published in the regular edition of said MORE PARTICULARLY DESCRIBED IN THIS OITDI- of said Lot One in Block Nine (g) in said Greenlee'§ Addition, which is reserved for South Oklahoma Street, now South Atlanta Street, in said Cit y of Owasso, the Ist MARCIABOUTWELI_ Marcia Boutwell, Clerk NANGE, WITH CERTAIN RESERVATIONS HEREIN apublicalley - - all of said real at Northeast corner of Lot One newspaper during the period and time of publication PRESCRIBED AND DECLAR- property being within the City of Owasso, State of (1) in said Block Twenty -one thence North atone the APPROVED AS TO FORM: ING AN EFFECTIVE DATE: Oklahnrna,andacoordingto West line of said South RONALD D. CATES and not in a supplement, On the following dates: NOW, THEREFORE, BE IT the recorded plat thereof, is hereby closed to the public Oklahoma Street, now South Atlanta Street, distance Ronald D. Cates, Cfry Attorney ORDAINED BY THE COUNCIL OF Section 1. Ordinance No. 53 of the Town of Owasso, Oklahoma, now the City of Owasso, Oklahoma, dated the 19th day of October, 1964, is Hereby repealed. Published In the fie porter, Subscribed s` nd sworn to before me this 28th That portion of North Indiana : Street, now North Carlsbad Street, Owasso, Tulsa County, Oklahoma, May 27, 1993. dad of 1 between Lot One (1) in Block Nine (g) and Lots Eight (8) and Nine (9) CITY OFOWASSO, OKLAHOMA in Block Ten (10) of Greenlee's Additro to the City of Owasso, Oklahoma, ORDINANCE NO. extending from the AN ORDINANCE South Brie of West Thomas Street, hoe West Second Street, to the ; REPEAL ING ORDINANCE NO. Easterly boun ary line of the DATED THE 19TH DAY OF Atchison, Topeka and Santa Fe OCTOBER, 164, AND y oLttTeliSSloY1 FplrESa iIa r C 11 Z 9'T Railroad Right -ol -Way, within the ;. CLOSING TO THE PUBLIC THAT of Owasso, Oklahoma, and PORTION OF NORTH more moss ;earticularly described as fol INDIANA STREET, NOW NORTH "CARLSBAD STREET, IN THE TOWN OF Beginning at a point on the OWASSO, OKLAHOMA, Northeast Cotner of Lot One BETWEEN LOT ONE (1) IN (1) of block Nine (9) of MM62 Greenlee's Addition to the MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY, CITY PLANNER SUBJECT: ORDINANCE NO. 460, REPEALING ORDINANCE NO. 53, AN ORDINANCE CLOSING PUBLIC RIGHT-OF-WAY BETWEEN BLOCKS 9 AND 10 OF GREENLEE'S ADDITION. DATE: May 10, 1993 In 1964, property owners within Greenlee's Addition requested the closing of public right-of-way (Carlsbad Street) abutting their properties. Ordinance No. 53 was adopted by the Town of Owasso to assist property owners in accomplishing this task, as it would be necessary for the property owners to process this action through district court. This process never was undertaken by the property owners. Copies of Ordinance No. 53 and the area of right-of-way being closed are attached for your information and review. If you have any questions whatsoever, please do not hesitate to contact me. The staff recommends Council adoption of Ordinance No. 460, an ordinance repealing Ordinance No. 53, which correctly identifies areas of public right-of-way to be closed to the public. I . Ordinance no. 460 20 Ordinance No. 53 3. Greenlee's Addition Plat Map ORDINANCE NO. 53 AN ORDINANCE VACATING, DISOLVING AND ABANDOWNING THAT PORTION OF NORTH INDIANA STREET, NOW NOWTH CARLSBAD STREET, IN THE TOWN OF OWASSO, OKLAHOMA, ETWEEN LOT ONE (1) IN BLOCK NINE (9) AND LOTS EIGHT (8) AND nINE (9) IN BLOCK TEN (10) OF GREENLEE'S ADDITION TO THE TOWN OF OWASSO, ACCORDING TO THE RECOREDED PLAT THEREOF, AND EXTENDING FROM THE SOUTH LINE OF WEST THOMAS STREE, NOW WEST SECOND STREET, IN A SOUTHERLY DIRECTION, TO THE EASTERLY BOUNDARY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY, MORE PARTICULARY DESCRIBED IN THIS ORDINAINCE, AND ALSO THAT PORTION OF WEST LEE AVENUE, NOW WEST FIRST AVENUE, IN THE TOWN OF OWASSO, OKLAHOMA BETWEEN LOT FOUR (4) IN BLOCK TWENTY (20) AND OT ONE (1) IN BLOCK TWENTY-ONE (21) OF THE ORIGINAL TOWN OF OWASSO, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, EXISTING FROM THE WEST LINE WEST LINE OF SOUTH OKLAHOMA STREE, NOW SOUTH ATLANTA STREE, IN A WESTERLY DIRECTION TO THE EASTERLY BOUNDRY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY, ALL IN SAID TOWN OF OWASSO, OKLAHOMA, AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, WITH CERTAIN RESERVATIONS HEREIN DESCRIBED: AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF TRUSTEE OF THE TOWN OF OWASSO, OKLAHOMA, AS FOLLOWS: Section 1. Subject to the terms, reservations and conditions hereinafter set forth, that portion of North indiana Street, now North Carlsbad Street, between lot one (1) in block Nine (9) and Lots Eight (8) and Nine (9) in Block Ten (10) of Greenlee's addition to the Town of Owasso, Oklahoma, extending from the South line of West Thomas Street, now West Second Stree, to the Easterly boundary line of the Atchison, Topeka and Santa Fe Railroad Right-of-Way, within the Twon of Owasso, Oklahoma, and more particulary described as follows: Beginning at a point on the Northest Corner of Lot One (1) of Block Nine (9) of Greenlee's Addition to the Town of Owasso, Oklahoma, thence South along the East line of said lot One (1) to the eastarly boundary line of the Atchison, Topeka and Santa Fe Railroad Right-of-Way, thence Southeasterly along the saidl easterly boundary line of said railroad right-of-way to a point at the Southwest corner of Lot Nine (9) in block Ten (10) of Greenlee's Addtition; thence North along the West Lie of Lot Nine (9) of lot Eight (8) in block Ten (10), of said Greenlee's addition, to the north West (NW) corner of said Lot Eight (8) in said block Ten (10) of said greenlee's Addition, at the North line of West Thomas Stree, now West Second Street, in the Two of Owasso; thence West along the South line of said West Thomas Street (now west Second Street) a distance of sixty feet (60ft) to the point of beginning, Except a strip of land, twenty feet (20ft) in width, lying immediately on te north side of a line beginning at the Northwest corner of Lot Nine (9) in block Ten (10), in said Greenlee's Addition, and extending to a point on the East line of lot One (1), in said block Nine (9) in said Greenlee's addition, which is reserved for a public alley--all of said real property being within the Town of Owasso, State of Oklahoma, and according to the recorded plat thereof, is hereby vacated and abandoned forever as a public thoroughfare. Section 2. Subject to the terms, reservations and conditions hereinafter set forth, that portion of West Lee Avenue, now West First Avenue, between Lot Four (4) in Block Twenty (20) and Lot One (1) in Block Twenty-one (21)of the Original Town of Owasso, Oklahoma, extending from the west line of South Oklahoma Sttreet, now South Atlanta Street, to the Easterly Line of the Atchison, Topeka and Santa Fe Railroad Right-of-Way, within the town of Owasso, Oklahoma, and more particularly described as follows: Beginning at a point on the Northest Corner of Lot One (1) of Block Nine (9) of Greenlee's Addition to the Town of Owasso, Oklahoma, thence South along the East line of said lot One (1) to the eastarly boundary line of the Atchison, Topeka and Santa Fe Railroad Right-of-Way, thence Southeasterly along the saidl easterly boundary line of said railroad right-of-way to a point at the Southwest corner of Lot Nine (9) in block Ten (10) of Greenlee's Addtition; thence North along the West Lie of Lot Nine (9) of lot Eight (8) in block Ten (10), of said Greenlee's addition, to the north a point at the northwest corner of Lot One (1) in Block Twenty-one of said Original Town of Owasso, Oklahoma; thence East along the north line of said lot one (1) in block Twenty-one (21) a distance of One Hundred Sixteen Feet (116ft.) to the West Line of South Oklahoma Street, now South Atlanta Street, in said Town of Owasso, at the Northeast corner of said Lot One (1) in said Block Twenty-one (21); thence North along the West line of said South Oklahoma Street, now South Atlanta Street, a distance of Severnty-five Feet (75ft.) to the Southeast Corner of said Lot Fourt (4), in Block Twenty (20), of the Original town of Owasso, the point of beginning, all within the Town of Owasso, and according to the recorded plat thereof, is hereby vacated and abandoned forver as a public thoroughfare. Book 3505 Page 165 Section 3. The above and foregoing vacations, effective by this ordinance, are subject to the following reservation by the Town of Owasso of a right to maintain, repair. enlarge and/or operate any existing water or sewer lines. and said Town of Owasso retains and re- serves an easement over, under, along and across a strip of land five feet (5ft.) in width on each or both sides of a center line over or along any wayer or sewer line or installa tion existing at the time of the enactment of this ordinance, and over, under, along and across the twenty foot strip of land or alleyway described in Section Number One (Sec. 1) of this ordinance, for the purpose of installing, maintaining, repariing replacing, relocating, enlarging and operating, removing and otherwise managing and controling any water line, storm sewer, sanitary sewer, sewer line or other public improvments over. under along and across said street or tract at the place or places herein described, together with the right of impress to and egress from such eastments and location thereof, necessary and covenient to the adjoiment of the easement to reserved; and provided further, that tho above cacations is subject to the provisions of the Charter of the town of Owasso, Oklahoma, and the Statutes of the State of Oklahoma, in such cases made and provided. Section 4. That an emergency exists for the preservation of the public peace, health, welfare and safety, by reason whereof this ordinance shall take effect from and after its passage, approval and publication. PASSED, and the emergency clause ruled upon separately and approved this 19th day of October, 1964. APPROVED, this 19th day of October, 1964. President of the Board of Trustees of the town of Owasso, Oklahoma Town Clerk Board Member Approved: Attorney for the town of owasso Greenlee's Addition to Owasso Cherokee Nation I.T.