HomeMy WebLinkAbout487_Closing ROW_Elm Creek Estates 1st Addition and Fairview CemetaryTULSA COUNTY CLERK - JOAN HASTINGS RCPT 50412 08/29/94 13:37:14
DOC # 94093029 FEE 0.00 PGS 2 B/P 5652/1658 -1659
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 487
AN ORDINANCE CLOSING TO THE PUBLIC THAT PORTION OF GEM
DRIVE IN THE CITY OF OWASSO, OKLAHOMA, BETWEEN BLOCK
EIGHTEEN (18) OF ELM CREEK ESTATES FIRST ADDITION, AN
Jfi ADDITION TO THE CITY OF OWASSO, ACCORDING TO THE
RECORDED PLAT THEREOF, AND FAIRVIEW CEMETERY IN SAID
CITY OF OWASSO, 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 CITY OF
OWASSO, OKLAHOMA, THAT, TO -WIT:
Section 1. That Gem Drive, between Block Eighteen (18) of Elm Creek Estates
First Addition, an Addition to the City of Owasso, and Fairview Cemetery in said City of
Owasso, and more particularly described as follows:
A strip of land lying in the SE/4 of the SW/4 of Section 29, Township 21 North,
Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso;
In Commencing at the Southwest Corner of the SEA, SW/4, Section 29, thence South
89°52'34" East along the south line of the SE/4 of the SW/4 of Section 29 for a
distance of 663.45 feet to the POINT OF BEGINNING; thence North 00°10'44"
West along the west line of Gem Drive for a distance of 661.56 feet; thence South
89°54'32" East a distance of 25 feet to the northeast corner of GEM DRIVE; thence
South 00°10'44" East along the east line of GEM DRIVE a distance of 661.56 feet to
Gy the southeast corner of GEM DRIVE, said point also being on the south line of the
SE/4, SW/4 of Section 29; thence North 89°52'34" West along the south line of the
SE/4, SW/4, of Section 29 a distance of 25 feet to the POINT OF BEGINNING,
containing 15,289 square feet or 0.351 acres more or less, less the south 50 feet of
GEM DRIVE for the north right -of -way of East 76th Street North.
is hereby closed to the public use.
Section 2. That the municipality shall retain the absolute right to reopen the public
way without expense to the municipality. Closing of the public way 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 APPROVED this 16th day of August, 1994.
Jerry Duke, Mayor
ATTEST: Marcia Boutwell, City Clerk
APPROVED AS TO FORM: Ronald D. Cates, City Attorney
PLAT NO. 3706.
ELM CREEK ESTATES
FIRST ADDITION
EAST PART
5652 1659
Affidavit Of Publication
STATE OF OIiLA110MA, 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
Tulsa County, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications
as provided in Section 106 of Title 25, Oklahoma
Statutes 1971 nod 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 h, I supple7rye' og'the following dates:
before 6 me this 25th
My Commission mexpires: March 20, 1997
FEE $ 59.66
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
August 25, 1684.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO 487
AN ORDINANCE CLOSING TO THE PUBLIC THAT PORTION OF
GEM DRIVE IN THE CITY OF OWASSO. OKLAHOMA, BETWEEN
BLOCK EIGHTEEN (18) OF ELM CREEK ESTATES FIRST ADDI-
TION, AN ADDITION TO THE CITY OF OWASSO, ACCORDING TO
THE RECORDED PLAT THEREOF, AND FAIRVIEW CEMETERY IN
SAID CITY OF OWASSO, 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
CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT:
Section 1. That Gem Drive, between Block Eighteen (18) of Elm
Creek Estates First Addition, an Addition to the City of Owasso, and
Fairview Cemetery In said City of Owasso, and more particularly
described ae follow:
A strip of lend lying In the SEN. of the SW 14 of Section 20, Township
21 North, Range 14 East of the Indian Base and Meridian, Tulsa
Count', City of Owes.;
Commencing at the Southwest Corner of the SEA, SW /4, Section 20,
thence South 89'SZ340 East along the south line of the SE/4 of the
SW 14 of Section 29 for a distance of 663.46 loot to the POINT OF
BEGINNING ; thence North 00°10'44• West along the west line of
Gem Drlae for a dahm. of 661.66 feet; thence South 88°54'32• East
a distance of 25 lee1 to the northeast corner of GEM DRIVE; thence
South OAV44' East along the east line of GEM DRIVE a distance
of 661.56 feel to the southeast comer of GEM DRIVE, mid point else
being on the south Ilne of the SE/4, SW 14 of Secllon 20; thence North
88 062'34• West along the south line of the SE/4, SW /4, of Section
28 a distance of 25 feat to the POINT OF BEGINNING, containing
15,288 square feet or 0.351 acres more or lees, less the south 50
test of GEM DRIVE for the north right -ol -way of East 78th Street
North.
Is hereby closed to the public use.
Secllon 2, That the municipality shall retain the absolute right to
reopen the public way whhout expense to the municipality. Closing of the
public way shell not affect the right to maintain, repair, reconstruct, operate
or remove utility, public servlos corporation, or transmission company Iacll.
Ries of service therein, nor shell a closing effect private ways wirdIng 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 alter its Ilrst publication as provided by Slate Lew.
PASSED AND APPROVED this 16th day of August, 1884.
/at Jerry Duke,
Jerry Duke, Mayor
ATTEST.
/s/ Marcia Boutwell
Marcie Boutwell, City Clerk
APPROVED AS TO FORM:
/a/ Ronald D. Cates
Ronald D. Cates, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM- TIMOTHY ROONEY
CITY PLANNER
SUBJECT: RIGHT-OF-WAY CLOSING
CITY OF OWASSO
DATE: July 13, 1994
BACKGROUND
The City of Owasso is requesting the closing of dedicated public right-of-way located between
Elm Creek Estates First Addition and the Fairview Cemetery off of E. 76th Street North. The
right-of-way, labeled as Gem Drive on the Elm Creek Estates First Addition plat, has existed
prior to 1977.
It appears that at one time whenthe cemetery was created, it was necessary to have public right-
of-way east of the cemetery to access the interior of what was once unplatted area. When elm
Creek Estates was platted, however, access to thi interior portion was made via N. 120th E.
Avenue rather than utilizing the exiting Gem Drive.
As mentioned, Gem Drive has existed prior to 1977 and has remained as a fenced 25' portion
of grass between the rear lot lines of the homes in Elm Creek Estates and Fairview Cemetery.
Recently, the City of Owasso formed a committee to look into the possibilities of utilizing this
area for additional gravesites. A majority of the area is sloped and would require substantial
improvements to develop as additional cemetery property. Please refer to the attached
memorandum from the Cemetery Review Committee regarding these issues.
In early June, a neighborhood meeting was held with property owners in elm creek Estates.
Several inquiries had been received about what would be necessary for this 25' portion to be
made part of their property. Becuase the staff believe it is not in the best interest of the city
to keep this property (currently city crews mow this area), the propoerty owners have been
encouraged to move foward with the closing of this right-of-way.
All property owners who abut this portion of the right-of-way are in support of the closing of
the right-of-way and are sharing in all costs involved. As you are aware, to formally close the
right-of-way after the city's approval of closure, the applicants must file a "friendly" lawsuit to
foreclose on the city's rights to re-open it. The staff will recommend that the city not contest
this lawsuit and is in strong support of the closure request.
This item was reviewed by the Technical Advisory Committee at their June 29, 1994 meeting.
At that meeting, it was discovered that TCI Cable does have cable television lines in this area.
TCI does not object to the right-of-way closing provided that they are able to maintain an
easement within that 25 foot portion. The exact width of that easement is not known at this
time, but only a 5 foot easement should be necessary.
The Owasso Planning Commission reviewed the right-of-way closing at their July 12, 1994
meeting and unanimously recommended approval of the request. To date, no objections to this
request have been received.
Staff recommends approval of the closing of right-of-way known as "Gem Drive" between Elm
Creek Estates First Addition and Fairview Cemetery.
ATTACHMENTS
1. Case map.
2. Cemetery Review Committee report.
3. Petition for right-of-way closing.
MEMORANDUM
TO: MR. RODENY J. RAY
CITY MANAGER
FROM: TIMOTHY ROONEY
CITY PLANNER
SUBJECT: CEMETERY REVIEW COMMITTEE'S FINDINGS
DATE: September 13, 1993
The Cemetery Review Committee recently held its second meeting regarding the cemetery
property. The review committee consists of Marcia Boutwell, Ralph Griffin, JoEllen Krantz,
Rohn Muhn, and myself.
In review, the committee was formed to investigate possible positive and negatives regarding
adding additional cemetery plots along a 25 foot strip of property abutting the Elm Creek
Addition (east side of the cemetery). An abutting property owner had contacted our office
regarding construting a new fence, and watned to know if his fence could be moved a few feet
to the west, thus including some of the 25 foot strip of land.
The Committee, through separate and joint site inspections of the area found the following;
1. Portions of the 25 foot strip along the east boundary of the cemetery to contain utilities
(phone and cable). These would need to be relocated.
2. The City's cemetery fence (4 foot - chain link) is in need of repair along a large portion
of the 25 foot strip.
3. Several abutting property owners have taken it upon themselves to fence in the 25 foot
area as a portion of their rear yard. One owner, in particular, has even terraced their
portion for gardening purposes.
4. It would be Possible to add one more row of gravesites if this 25 foot strip is utilized.
This would allow for an additional 133 gravesite based upon the length of the east
boundary of the cemetery.
5. The City currently mows and maintains those areas not fenced in by the abutting property
owners.
Based upon the above findings, the Committee found three options available regarding the use
of the 25 foot strip of property:
1. It is possible to an add an additional row of gravesites. 133 plots at $300 per plot wou
total approximately $39,900 in additional revenue. However, this would be off-set
costs of moving utilities, fence relocation and construction of new 4 foot chain link fen
($900 if installed by the city, $1637 if contracted out), possible retaining wall, and lo
term care of lots. I
2. Deed the land back to the abutting property owners only if the abutting property owne
paid for one, uniform, site obstructing fence between the cemetery and their prope
3. Sell the land at its market value to the abutting property owners and place money fro
the sale of the land into the cemetery maintenance fund. i
When reviewing those options, the team strongly felt that adding more cemetery plots within th
strip would not be in the best interest of the city as far as public relations were concern
regardless of whether or not the city owns the land, and any financial gain would be offset
bad PR.
The group felt either Option 2 or 3 seemed to or well, but all expressed that it was difficult
to make a recommendation not knowing if the City Council wanted to stay in the cemetery
business.
BEFORE THE HONORABLE
CITY COUNCIL OF
THE CITY OF OWASSO, OKLAHOMA
The undersigned, constituting not less than one hundred percent of the private property
owners abutting a public right-of-way located between Elm Creek Estates First Addition and The
Fairview Cemetery, hereby petition the City Council of the City of Owasso, Oklahoma, to close
the aforementioned public right-of-way.
Owner(s):
Willene Lefall
11903 E 77th Street North
Owasso, OK 74055
Spencer & Janet Strickland
7704 N 120th East Avenue
Owasso, OK 74055
Jason & Stephanie Billue
7706 N. 120th East Avenue
Owasso, OK 74055
William & Teresa Hale
7708 N. 120th East Avenue
Owasso, OK 74055
Paul & Della Womack
7710 N 120th E. Avenue
Owasso, OK 74055
Richard & Debbie Blosser
11901 E. 177th Street North
Owasso, OK 74055