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HomeMy WebLinkAbout506_Closing Porting of Utility Easement Lot 1_Block 4_Barrington PointTUI-SA k`_0U,'QI'TV CL.ERK DOC '� 95109312 FEE OR - JOAN HASTINIGS RCP7- 128538 12/08/95 10:04:19 0.00 PGS 2 13/P 5766/2368-2369 qCITY OF OWASSO DINANCE NO. 506, AMENDED WHEREAS, Ordinance No. 506 contained a scriveners error in the described easement to be closed, such error being Lot 1, Block 4, of Barrington Point II and Ordinance No. 506 Amended provides the correct legal description, and WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to public use a certain utility easement, and Section 1. That the following described portion of a utility easement, be, and the same is hereby closed to the public use, to-wit: The Northernmost One Foot (I') of the Southernmost Eleven Foot (I V) utility easement located on Lot Sixteen (16), Block Four (4), of Barrington Point 11, all of said real property being within the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section 4. An emergency clause is hereby declared to exist for the preservation of the public peace, health and safety, by reason whereof this ordinance shall be effective immediately from and after its passage, approval and publication. PASSED AND APPROVED with the emergency clause ruled upon and approv*i separately by the Council, this 21st day of November, 1995. Chdir'f s L. Burris, Mayor ATTEST?- 4. city t J. A Affidavit ®c i STATE Or 0 KL A!10M T ULSA C0TJ'NTI Y, ss: Fill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the OWASSO REPORTER a weekly ne;vspapc,r printed in the irity of OWASSO Tulsa County, Oklahorna, a newspaper qualified to p'.:blisl1 legal notices, advertisements and publications as provided in Section 109 of iltie 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 publ: shed in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the Following dates: NOVQEER 30 ,199 5 Subscribed and savor n tolr>e. fore me this 30th day of November ,199 5 Notary Public My Commission expires: March 20, 1997 PUBLISHER'S FEE $ 82 , 62 Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, November 30, 1995. AN ORDINANCE PROVIDING AMENDMENT TO ORDINANCE NO. 506 AND CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASE- MENT LOCATED IN AND RUNNING THROUGH THE LOT SIXTEEN (16), BLOCK FOUR (4), OF BARRINGTON POINT 11, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, BEING A STRIP OF LAND ONE (1) FEET IN WIDTH AND NINETY SEVEN (97) FEET IN LENGTH, LYING WITHIN THE SOUTHERN MOST ELEVEN (11) FOOT UTILITY EASEMENT, SAID STRIP OF LAND BEING THE NORTH- ERN MOST ONE (1) FOOT OF SAID ELEVEN (11) FOOT UTILITY EASE- MENT AND RETAINING UNTO SAID CITY OFF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH WHEREAS, Ordinance No. 506 contained a scriveners error in the described easement to be closed, such error being Lot 1, Block 4, of Bar- rington Pout II and Ordinance No. 506 Amended provides the correct legal description, and WHEREAS, the City of Owasso. Oklahoma. has deemed A necessary and expedient to close to public use a certain utility easement, and WHEREAS, said utility easement is ccmeci y described as follows: The Northernmost One Foot (11 of the Southernmost Eleven Foot (111 utility easement located on Lot Sixteen (16), Block Four (a), of Barrington Point 11, all of said real property being within the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded pIW 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 pur- port to have a special right or privilege to use said utility easement are Pub- IL- Service Company of Oklahoma, and/or Oklahoma Natural Gas Compa- ny, and/or Southwestern Bell Telephone Company, and/or TCI Cable Televi- sion Company, and WHEREAS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or priviiege to use said utility easement have waived their objections to the closure of said ease rnent, # any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT Section 1. That the following described portion of a utility easement, be, and the same is hereby closed to the public use, to-wit: The Northernmost One Foot (V) of the Southernmost Eleven Foot (111 utifity easement located on Lot Sixteen (16), Block Four (4), of Barrington Point It. all of said real property being within the Dry of Owasso, Tulsa County, State of Oklahoma. according to the recorded plat thered. 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 ser- vice therein, nor shall a closing affect private ways existing by operation of law unless released in writing by the owners there- of. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section 4. An emergency clause is hereby declared to exist for the preser- vation of the public peac:ett heaAh and safety, by reason whereof this ordinance shall be effective immediately from and after As passage, approval and publication. PASSED AND APPROVED with the emergency clause rind upon and approved separately by the Council, this 21st day of November, 1995. CITY OF OWASSO, OKLAHOMA W CHARLES L BURRIS Charles L Burris, Mayor SEAL ATTEST: is/ MARC IA BOUTWELL Marcia Boufweil, City Clerk APPROVED TO FORM: is/ RONALD D. CATES Ronald D Cates, City Artom ey CITY OF OWASSO ORDINANCE NO, 506 The Northernmost One Foot of o, - oFoot r utility easement located on Lot One (1), Block Four (4), of Barrington Point i of said real property being of Owasso, Tulsa County, .,. ma, according to the recorded Section 3° That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. AN ORDINANCE TO CLOSE TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN AND RUNNING THROUGH THE LOT ® (1), BLOCK FOUR (4), OF BA NGTON POI II, A � --k ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF `- OKLAHOMA, BEING A STRIP OF LAND ONE (1) FEET IN WIDTH AND NINETY SEVEN (97) FEET IN LENGTH, LYING WITHIN THE WHEREAS, said utility easement is described as follows: SOUTHERN MOST ELEVEN (11) FOOT UTILITY EASEMENT, SAID STRIP OF LAND BEING THE NORTHERN MOST ONE (1) FOOT OF SAID ELEVEN (11) FOOT UTILITY EASEMENT AND RETAINING The Northernmost One Foot (1') of the Southernmost Eleven Foot (11') utility UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN real property being within the City of Owasso, Tulsa County, State of Oklahoma, CONFLICT HEREWITH. The Northernmost One Foot of o, - oFoot r utility easement located on Lot One (1), Block Four (4), of Barrington Point i of said real property being of Owasso, Tulsa County, .,. ma, according to the recorded Section 3° That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. 3� 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 Northernmost One Foot (1') of the Southernmost Eleven Foot (11') utility easement located on Lot One (1), Block Four (4), of Barrington Point II, all of said real property being within the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, and Vy'HEREAS, pursuant to Title II, Oklahoma Statutes, Section 42 -110, the only holders' - of a franchise or purported holders of a franchise that may purport to have a special co 0 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 TCI 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, THAT Section 1, That the following described portion of a utility easement, be, and the The Northernmost One Foot of o, - oFoot r utility easement located on Lot One (1), Block Four (4), of Barrington Point i of said real property being of Owasso, Tulsa County, .,. ma, according to the recorded Section 3° That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 6th day of pane, 1995. City of Owasso, Oklahoma Charles L. Burris, Mayor ATTES Fo ,ex = ,z A Marcia BoutweR, City Cleric ® i ra � :a> a� � a• APPR®VED,A/ TO FORM: AI a� �✓� y i Ag j l A— 6Y Ronald Dm Cates, City Attorney zK n STATE OF OKLAl-IOMA TULSA COUNTY, ss: Bill R. Betherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the OWASSO REPORTER newspaper printed in the city of a Weekly OWASSO Pulsa County, Oklahoma, a newspaper qualified to p u I D lish legal notices, advertisements and publications as provided in Section 166 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: JUNE 15 ,199 5 5 S 2 d bd sworn to before me is 15th �s o June 199 5 Notary Public March 2 inrrraission expires: 0� 1997 °2638 #a �ie PUBLISHER'S FEE $ 60, 62 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, June 15, 1995. CITY OF OWASSO' 0 O ORDINANCE Ni . 5065 AN ORDINANCE TO CLOSE TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN AND RUNNING THROUGH THE LOT ONE (1), BLOCK FOUR (4), OF BARRINGTON POINT 11, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, BEING A STRIP OF LAND ONE (1) FEET IN WIDTH AND NINETY SEVEN (97) FEET IN LENGTH, LYING WITHIN THE SOUTHERN MOST ELEVEN (11) FOOT UTILITY EASEMENT, SAID STRIP OF LAND BEING THE NORTHERN MOST ONE (1) FOOT OF SAID ELEVEN (11) FOOT UTILITY EASEMENT AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to dose to public use a certain utility easement, and WHEREAS, said utility easement is described as follows: The Northernmost One Foot (1') of the Southernmost Eleven Foot IIV) utility easement located on Lot One (1), Block Four (4), of Bar- rington Point II, all of said real property being within the City of Owas- so, Tulsa County, State of Oklahoma, according to the recorded plat thereof, and WHEREAS, pursuant to Title II, Oklahoma Statutes, Section 42 -110, the only holders of a franchise or purported hollers of a franchise that may pur- port to have a special right or privilege to use said utility easement are Pub- lic Service Company of Oklahoma, and/or Oklahorna Natural Gas Compa- ny, and/or Southwestern Bell Telephone Company, and/or TCI Cable Televi• sion 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 ease- ment, it any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT Section 1. That the following described portion of a utility easement, be, and the same is hereby dosed to the public use, to -wit: The Northernmost One Foot (1') of the Southernmost Eleven Foot (I V) utility easement located on Lot One (1), Block Four (4), of Bar- rington Point 11, all of said real property being within the City of Owas- so, Tulsa County, State of Oklahoma, according to the recorded plat thereof. Sedion 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 trans- mission company facilities of service therein, nor shall a dosing affect pri- vate ways existing by operatlon of law unless released In writing by the owners thereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 6th day of June, 1995. City of Owasso, Oklahoma �;*yG4l ATTEST: /s/ Marcia Boutweit Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ Ronald D. Cates Ronald D. Cates, City Attorney /a/ Charles Burris Charles Burris, Mayor TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIN10THY ROONEY COMMUNITY DEVELOPMENT DIRECTOR DATE® May 31, 1995 At the May 16, 1995 meeting, the Owasso City Council recommended approval of a request to close a portion of a utility easement located on Lot 1, Block 4, Barrington Point IL Attached is a copy of Ordinance No. 506 which formally adopts the City Council's action of May 116, 19950 ATTACHMENTS: 1. Ordinance No. 506. DATE FILED E APRIL 28, 9994 PLAT NO® 4998 SURVEYOR: PAYNE SURVEYING SERVICE BARRINL07-TON POINT IT 3216 Ir. WILL ROGERS° BLVD. A SUDrVISI0N CONTAINING A PART OF THE NK%4 OF THE S;r14 CLAREMORE, OKLA. OF SECTTON 21, T -21 -N, R -14 -E, TULSA COUNTY, On HOMA. 341 -0617 R -14 -E FAST 96M SMSET NOKIH ENGINEER: DENNIS L. HODO, P.E., INC. CONSULTING ENGINEER A -109. 6866 W. 11775 9. A98, 272 -7552 NORTHWEST CORNER_ NW /4 OF SW /4 SEC .23, T -21 -N, R -14 -E DEVELOPER: BARRINGTON DEVELOPMENT, L.L.C. z= P.O. BOX 419 OWASSO, OKLA. 74055 ro 272 -3282 1 I - r, �0A1'9DdN 'PARK , 4 / / UNPLATTED a 9 y5 89'50.45 E / 1325.08 �T `a N g FAST 56TH STREET -H LOCATION MAP TOTAL LOTS: 49 TOTAL ACRES: 15.04 S � � ao BARRINGTON2 POINT4 5 7 9 w DETENiIONGAF2EA S= K 5 / r• 3v E. 6oTTl STREET W AND PARK AREA ® i-T- � 9 (,+ 1 � � z 4yo�� 3 9 a 5 6 7 N OjP1160 T E 10 °n o C =7 v \� / �T42a.s4 £ S 40.00 ES 5 .75 / ` L R 200 -5.O4 B N air '395 < ^/ 89°4948^ 2 2 L'i 0 V gB _ 9a T 7 j/ tra \Y' s / s q rLRSga 7 UU//c TS Y c 0 /r,�� �` 20 u" i�K 4 i4's' $ iFIT 05 o a4 yob 84d6 e'[ 17 I g 16 J Q � 9� 2 P- i LEGEND B/L BUILDING SETBACK UNE pp U/E UTILfTY EASEMENT DE DRAINAGE EASEMENT A/E ACCESS EASEMENT „II L.N.A. UMTTS OF NO ACCESS o m 1/2' IRON PIN z 9 SOUTHWEST CORNER -' NW OF SW /4 SEC. 23, T -21 -N, R -94-E (eNORTH E, amt sr. N. to 7 ?q� a0 `�1 1 le ? I Ss c.. v s bz7f'j � �IA•:J„ 421 I`13 at113 #3: r y- BLA ! b m eM �srng 2 � � 7 $" � ftEcffi A 5 8 Y'"-► °SV9 $I m 1 ps 1s� N 8P01'S E ® a? Po ® _ I ,[° 'b x - 26 3 ,,4 z _ t > a9°45'2 %5E 370.20 120.00 BgO� x gg02 ° 920.00 289.1 S 89'48'23° E boa 1 u�"� $801 `ate as49a� w N 89.4\sJa's W 4 9 655.2 424.27 a.ss - m4� 6 \ Pd 4r45.51 W I N 54'45'59 tv .> \ 17 \ /�// 5.33' III 5 \, \\ 10 a8 Y2 13 4d flS 36 21 LOCL E. 95TH 501FiT Vt _ y B x z PROPOSED T 9 �/ ° 9 70 B.4RRINGTQN POINT I III i7 6 ? 6 1 RESEFNE ARE 7325.52 L/ N 89°®3'5!' W UNPLATTED 100 0 ;00 y200 �q °.d0 F..t SCALE 1m- 100' S?$Effi$SS ®.ao RL7f � 1 btzJ 4a� nee T.GN+*cal. �nrltemm b pwFfeV w TMC 14 Cbsty o4 Srae,a RS r91M Del ®c® Smea � la:b'.�ir:):M: ti n •!1 ry eymcrsa -��an 1r.J's rya �,5 w[4 c'rta icve t�7{{.w.w ecla[r.e N -UCC�H VC. pp ra .': ra.(•.n,J v!45e[ta4 <IJ, Rw t<..yvr`Y.Mb� ® ¢sue m y.m r.. _� ow A +a -. a ••:::lv.<.u�st Rd xc n C? I/ 4+l13AC V24T7 TVJE L1F2 E lb �- 3 1S o I 3 1, E7 20 12 N Z m: i Z5 I. II I S SOlfllfE/ST CORNER NW1 /4 OF SW1/4 JKC P l.E•`:07+1 MO51S DELTA 21.56 15.00 90'00'00' m 21.ze 1s.00 er17'S.Y ® 26.54 moo +02.11.45' © I5.24 15.00 69'19'IS ® 1170 '5.00 52''9'56' ® +3.55 15.00 51-46'OY ® 21.99 15.00 S.r3:'36° ® 21.94 15.00 Sr47'5a' ® 14.10 15.00 Sys T" ® 13.17 0.00 50-15'1' 13.62 15.00 52'01'12- THE PLAT BOOK - TULSA COUNTY - COPYRIGHT 1994 ROY MALERNEE, CITY MAP SERVICE TULSA, OKLAHOMA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER a 1 19 cnp arA,X7'1165 1A1Z#A70 Ae.MU/ OK ale occzle'�'&-a d V W CERTIFICATE PLAT N 4990. THLS PUU LS sAA FOR AND Al THE REQUEST C� BRUMBAUGH 6 lot Sixteon (15)a Bloc'k your (4). BARRINGTOR POINT 11. an Addition to the City of Qvzesao, Tu2po County, State of Oklahoma. according to the Recorded ?4t thereol, ano known as E3905 North 131ot mss= Avenue. WPVKWE"ENTSXS LOCiatO ON 7HU PREWSES DE5C648ff), THAY THEY ARE ENTIWLY TS-2CT OOUNOAWES• ^"V THAT MERE AW NO lEP$CR`OfZ"WENT3 *f►emE094 EXCEPT AS INOW-UED: y"AT THE Aa(IVC PLAT S"CW'S ALL C PLC -mrG AND MHER WCH EASIEOAEKMAZ KWE re vet SCo Areo V'VF%PWA 0 ' Y GoRmERS %WEAE 8FT, ONLY P-064 , kaORMAGVE AwD at MOT A LAND OR PROPERTY 1, 93 12 38 V918 747 4127 MDS REM,'FORS Lgjl 0 0 2 - U U P--O;d2/002 '95 eKUlleHUUH K { -LJLWN r-336 T—?e2 MAP 23 20!S9 UGISTEIMI) LOD SURVEYOR% INSPECTION PLAT AND CERTIFICATE FOR MORTGAGE WAW PURPOSES CaL WTBUiLD.4 SErWK ELL 010MCK lu ow E EADWT o =W EW unvs VINQ COMPANY GAR c GARAGE ELEC > ELECTS F,MbOX47=75, 7iaLEaO. OKLAt76MiA Sa4d9.16d0 71SL nLr.PWCLQ& 121W allACO TiLLPHOkE & eLec""o 0A&Ll AA"- cuSMMEA: BRUMBAUGH S FULTON PROP92TY LIES IN moob ZONL? "C", PER MENT (APPPjWj"'E T.7.ft.m- ComeMllry PANEL 90. 400462 0050B OOAROVVt�. REVISW 9116162. BASWELL, WILLIMA PORT= III ZASQELL, PAMELA SUE W Ilm VI 1 19 cnp arA,X7'1165 1A1Z#A70 Ae.MU/ OK ale occzle'�'&-a d V W CERTIFICATE PLAT N 4990. THLS PUU LS sAA FOR AND Al THE REQUEST C� BRUMBAUGH 6 lot Sixteon (15)a Bloc'k your (4). BARRINGTOR POINT 11. an Addition to the City of Qvzesao, Tu2po County, State of Oklahoma. according to the Recorded ?4t thereol, ano known as E3905 North 131ot mss= Avenue. WPVKWE"ENTSXS LOCiatO ON 7HU PREWSES DE5C648ff), THAY THEY ARE ENTIWLY TS-2CT OOUNOAWES• ^"V THAT MERE AW NO lEP$CR`OfZ"WENT3 *f►emE094 EXCEPT AS INOW-UED: y"AT THE Aa(IVC PLAT S"CW'S ALL C PLC -mrG AND MHER WCH EASIEOAEKMAZ KWE re vet SCo Areo V'VF%PWA 0 ' Y GoRmERS %WEAE 8FT, ONLY P-064 , kaORMAGVE AwD at MOT A LAND OR PROPERTY 1, 1► I►TiC� : ►11 Iu TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. 506, AMENDED DATE: November 21, 1995 BACKGROUND: At the May 16, 1995 meeting, the Owasso City Council recommended approval of a request to close a portion of a utility easement located on Lot 16, Block 4, Barrington Point II. However, Ordinance No. 506 which adopted the City Council's actions, contained a scriveners error. Attached is a copy of Ordinance No. 506 Amended, which would correct Ordinance No. 506 and formally adopt the City Council's action of May 16, 1995. An emergency clause is also included in the ordinance so that legal action currently underway to finalize the closing of the easement is not slowed. (See Item # 9) RECOMMENDATION: Staff recommends Council approval of Ordinance No. 506, Amended, and inclusion of an emergency clause to allow action relating to agenda Item # 11. ATTACHMENTS: 1. Ordinance No. 506, Amended.