HomeMy WebLinkAbout518_Closing Easement lot 4 block 4_Country Estates_AmendedDOC # 96033806 FEE 0.00 PGS 1 13 /P 5798/1428 -1428
CITY OF OWASSO CITY OF OWASSO
P.O. Box 180 ORDINANCE NO. 518
Owasso, OK 74055
AN ORDINANCE CLOSING TO THE PUBLIC USE A DRAINAGE
�n EASEMENT LOCATED WITHIN LOTS FOUR AND FIVE (4 & 5),
Y1V� BLOCK FOUR (4), COUNTRY ESTATES ADDITION, AN ADDITION TO
THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE
ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE
c� MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient
c� to close to public use a certain drainage easement;
WHEREAS, said drainage easement is described as follows:
The drainage easement located on Lots 4 & 5, Block 4, of Country Estates Addition.
WHEREAS, 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
right or privilege to use said drainage. 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 drainage 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. The following described drainage easement, be, and the same is hereby
closed to the public use, to -wit:
The drainage easement located within Lots 4 & 5, Block 4, Ram Plaza
Addition.
Section 2. 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 by the owners thereof.
Section 3. All ordinances or parts of ordinances in conflict herewith be, and the
same are hereby expressly repealed.
PASSED AND APPROVED this 16th day of January, 1996.
City of Owasso, Oklahoma
S.trlr _ 'A:Ar. s
1 =
Clerk
AS TO FORM:
D. Cates, City Attorney
Char eess'L_. Burris, Mayor
O 1 g
U �f`,
Affidavit Of Publication
STATE OF OKLAiIOMA, TULSA COUNTY, as:
Bill R. Retberford, 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
Tulso County, Oklahoma, a newspnper qualified to
publish legal notices, advertisements and publications
as provided in Section 106 of Title 25, Oklahoma
Statutes 1971 and 1963 as amended, rind thereafter,
and complies with all other requirements of the lnws
of Oklahoma with reference to legal publications.
That said notice, a true copy of which is nttnched
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:
JANUARY 25 199 6
or
lte
Subscribed and sworn to before me this 7 5th
day of January 199_
Lj Notary Public
My Commission expires: Mnrr•h ?n, 1997
PUBLISHER'S FEE $ 52 (38
PubYhed in dts Create, Reporter. Owamo, TuYa County. Oklkh , Jan
unity 2L 111116.
CRY OF OWASSO. OKLAHOMA
ORDINANCE NUMBER 515
AN ORDINANCE CLOSING TO THE PUBLIC USE A ORAMAC£ EASE-
MENT LOCATED WITHIN LOTS FOUR AND FIVE Is F 5), BLOCK FOUR
Lsj, COUNTRY ESTATES ADDITION. AN ADDITION TO THE CITY OF
OWAS50. TULSA COUNTY. STATE OF OKLAHOMA. 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 W CON -
FLICTNEREWRK
WHEREAS, the Cy of Owesso. Oklary 4 has deemed h nenesary
and enwri rm to dose to public tss a certain drainage easemem:
WHEREAS, uM drainage anemerd M described at folows:
The drainage easertlad located on Lots a A 5, Block 4, of Country
Estates Addition.
WHEREAS. pursuant to Thee It. Oklahorna Statuses. Section 42 -110, the
only hollers of a both" or purported Holders of a franchise Ind may our.
Inn to have a special right or privilege a use said drainage aasenwnl an
P Wic SwAdt Company d OMlahona. and/or Ouahone Natural Gad Cam
pmy. anndor�hwesttern Bell Telephone Company, and/or TCI Cable
roevnion WHEREAS, IM above holden of tranchl" or purported holders of a
tench" that my purport a haw a $pedal right or PrNWppss to use said
drainage easement heve waived their objections to tit desure of said
suerraY. l ay.
NOW THEREFORE. BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF OWASSO. OKLAHOMA, THAT.
SsdYon 1.The following desodbW drainage easement• be. and she
tams Y hereby abed Wthe public use. t wit:
The drainage easemaM located within Lou; t A 5, Block a, Ram Plaza
Addition.
Sector, 2-The nsmldpaiky Nall recta the absolute riphi to reopen the
public way or saterver t Without asperse 10 the rrenloipalil' Closing of the
public way or eassr rare shall not Bract the right m coalman, repair, lawn
sous. opaan or remove uliky. pudic service caporatlon, of banernssion
carnpany ladab of service thaeln. nor shall a closing also private ways
existing by operalon of law unless pleased in writing by the owners thaa
d.
Sodlon &All ordinances W Parts d Ordinances In COMBO herawath bat.
and the sane ore bwdby eapnWy repealed.
PASSED AND APPROVED this 16th day of January, 1984
Chy d Dwasso, oweone
ny CHARLES L BURRIS
Chades L Bads, Mayor
SEAL
ATTEST.
yar MARCIA BOUTWELL
Marla Bouwall, City Clerk
APPROVED TO FORM:
W RONALD D. CATES
Ronald D Cates. Cary Attonsy
T1, L A� C hAJ f .EPK - .70A1j H,4,STINGS RCPT 301612 0811 1198 70:24:58
DOC 4 980,S,377533 FEE 0 a 00 PPS 1 B/P 6090/7809-1809
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 518, AMENDED
WHEREAS, Ordinance No. 518 contained a scriveners error in the described drainage
easement to be closed, such error being Lots 4 & 5, Block 4, of Ram Plaza Addition and Ordinance
No. 518, 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 drainage easement; and
WHEREAS, said drainage easement is correctly described as follows:
The drainage easement located on Lots 4 & 5, Block 4, of Country Estates Addition; 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 drainage 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 drainage easement have waived their
objections to the closure of said easement, if any.
THEREFORE, NOW BE 1 h 1 BY THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA, THAT:
SECTION 1. The following described drainage easement be, and the same hereby is, closed
to the public use, to -wit:
The drainage easement located within Lots 4 & 5, Block 4, Country Estates Addition.
SECTION 2< 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 by the owners thereof.
SECTION 3m All ordinances or parts of ordinances in conflict herewith be, and the same
hereby are, expressly repealed.
, Citf Clerk
AS TO FORM:
D Cates, City Attorney
AND ADOPTED by the City Council of the City of Owasso,
1998.
Denise Bode, Mayor
tom..
SAS ;' "�APPI�O D
Okla h is of May,
�.SEAL� e, g
`LI
y
ATTEST:
, Citf Clerk
AS TO FORM:
D Cates, City Attorney
AND ADOPTED by the City Council of the City of Owasso,
1998.
Denise Bode, Mayor
tom..
Affidavit ®c
OWASSO REPORTER
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that use is the publisher of the
Owasso Reporter, a weekly newspaper published in
the City of Owasso, Tulsa County, Oklahoma, a news-
paper qualified to publish legal notices, advertise -
ments and publications as provided in Section 196 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 a supplement, on the following dates:
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
June 4, 1998.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 518, AMENDED
A ORDINANCE PROVIDING AMENDMENT TO ORDINANCE NO.
518 AND CLOSING TO THE PUBLIC USE A DRAINAGE EASE-
MENT LOCATED WITHIN LOTS FOUR AND FIVE (4 & 5), BLOCK
FOUR (4), COUNTRY ESTATES ADDITION, AN ADDITION TO THE
CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, 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, Ordinance No. 518 contained a scriveners error in the
described drainage easement to be closed, such error being
Lots 4 & 5, Block 4, of Ram Plaza Addition and Ordinance No.
518, 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 drainage easement;
and
WHEREAS, said drainage easement is correctly described as follows:
The drainage easement located on Lots 4 & 5,
Block 4, of Country Estates Addition; and,
WHEREAS, 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 right or privilege to use said
drainage easement are Public Service Company of Okla-
homa, and /or Oklahoma Natural Gas Company, and /or South-
western Bell Telephone Company, and/or TCI Cable Television
Company; and
WHEREAS, the above holders of franchise or purported holders of a fran-
chise that may purport to have a special right or privilege to
use said drainage easement have waived their Objections to
the closure of said easement, if any.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF OWASSO, OKLAHOMA, THAT:
SECTION 1 The following described drainage easement be, and the same
hereby is, closed to the public use, to -wit:
The drainage easement located within
Lots 4 & 5, Block 4, Country Estates Addition.
SECTION 2 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, pub-
ic 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 b
thereof. y the owners
SECTION z All ordinances or parts of ordinances in conflict herewith be,
and the same hereby are, expressly repealed.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Owasso, Oklahoma this 26th day of May, 1998..
/s/ DENISE BODE
ATTEST: Denise Bode, Mayor
/s/ MARCIA BOUTWELL
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/ RONALD D CATES
Ronald D. Cates, City Attorney
A
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF
FROM- TIMOTHY ROONEY
ASSISTANT CITY U-1�11AGE-1
11110 1 I'll �' I 1�
IT!
IL
DATE: May 12, 1998
In January of 1996, the Owasso City Council adopted Ordinance No. 518 in order to close
drainage easement located within Lots 4 & 5, Block 4, Country Estates Addition. Ordinance
No. 518 contained an error within the legal description of the described drainage easement to
be closed and Ordinance No. 518 Amended would correct th,?.t error.
Attached is a copy of Ordinance No. 518 as well as Ordinance No. 518 Amended, which
corrects the error and formally closes the drainage easement.
r4liz
via * M-''
1. Ordinance N ®e 518
2. Ordinance No. 518 Amended
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE NO. 518
DATE: January 9, 1996
BACKGROUND:
At the January 2, 1996 meeting, the Owasso City Council recommended approval of a request
to close a drainage easement located within Lots 4 & 5, Block 4, Country Estates Addition. The
subject property is located north and west of E. 116th Street North and Garnett Road. A subject
map has been attached for your information and review.
Attached is a copy of Ordinance No. 518 which formally adopts the City Council's action of
January 2, 1996.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 518.
ATTACHMENTS:
1. Subject Map
2. Ordinance No. 518
6
! N
! COUNTRY ESTATES
i All omox to 1 E cIrc of 4WASSO. OFV O 1 SONG A V of lxE s 1/2 = 1/4 of
sCCnox !,
121 -x. N -Y -E. roy ..of. YXWIONA
scuF rmox
PP.00OSED PHASE ? ICI
TOTAL T 41.93
LO
TOTAL LOTS: : 13 138
m1]eR
5 Xs•W s<
e
�L
EA4(vlift 51RFE1 NtlIM
•
,.we s.4 ° s &. ”
N,° . s',.�
2
l..8 n,� R 5 g
nu n
„e
•h
�
eNPSE
z
ga'
R R 855}.} E .8 8 OF °1
!
EAS! 111N SIREEi NOIETH ,
DEVELOPER
•a a 8
A & W LAND DEVELOPMENT, INC.
SS
,Po - <I n Y AO.W Ei° u
'� N esso-lC w b
,un
N swx A
m voe MUM OK 740.55
m•B 1
13
rc
°„ � ENGINEER
CANTRELL AND ASSOCIATES, INC.
202 EAST SECOND, SD/TP 110
018-27 -8009
9/8- 274 -8009
S. E [ NxNY�E aYNNB, iY -RI -X,
8 - . E XvxoXA
°
�
. a. ..i6T ItlN•aUCE xbN1N R =inm I
x ersOsa' w - nom]
x eiios' w I 116th STREET NORTH
ns.Yz
A
N lr49x w o
e
�L
!
.°
=
DEVELOPER
A & W LAND DEVELOPMENT, INC.
P.O. BOX 7
m voe MUM OK 740.55
g 918- 272 -1263
rc
°„ � ENGINEER
CANTRELL AND ASSOCIATES, INC.
202 EAST SECOND, SD/TP 110
018-27 -8009
9/8- 274 -8009
S. E [ NxNY�E aYNNB, iY -RI -X,
8 - . E XvxoXA