HomeMy WebLinkAbout523_Closing Portion of Easement Lot 7 Block 2_Double Oaks IIIa - CLERK - 310,,"" - -'ST1 Aa S 148900 04104196 16.11.01
DO0 FEE _.J0 1 / 5798/1431-1431
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 'T'elephone 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.
N TBEREFORE, BE IT ORDAINED BY COUNCIL F T 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 10 feet of the north 60 feet of the westerly 1 foot of the
easterly 11 foot utility easement located in Lot 7, Block 2 of the Double Oaks III Addition to the
City of Owasso, Tulsa County, State of Oklahoma.
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 the owners thereof.
SECTION 3m That all ordinances or parts of ordinances in conflict herewith be, and the
same hereby are, expressly repealed.
APPROVED
s _ day of April,
(Q -;7
AL)
ATTEST':
AS TO FORM.
D Cates, City Attorney
AND ADOPTED by the City Council of the City of Owasso,
1996.
Charl Burris, Mayor
BBB~3486a.,.
,
~~e
FROPl : City of O!! assn PHO HE HO. . 918 ~ 4997 Mar. C15 1139C, 0 : 08Ph-1 P4
vn
12
o
o ~
t
~
C/)
0 V`t C
u <
e
71
4 d / ~
Affidavit Of Publication
STATE OF OKLAHOMA, TULSA COUNTYss:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
OWAS S O REPORTER , a weekly
newwspnper 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 and 1933 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:
A_PRIL 1 ,199 6
Notary Public
My Commission expires:- March 20, 1997
PUSLiSHER°S FEE 65 m 00
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, April
98, 1996.
CITY OF OWASSO, OKLAHOMA
ADOPTING ORDINANCE NO. 523
AN ORDINANCE CLOSING TO PUBLIC USE A PORTION OF A UTILI-
TY EASEMENT LOCATED WITHIN LOT SEVEN (7), BLOCK TWO (2),
DOUBLE OAKS [if ADDITION, AN ADDITION TO THE CITY OF OWAS-
SO, 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 CON-
FLICT 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 South ten (10) feet of the north sixty (60) feet of the westerly one
(1) foot of the easterly eleven (11) foot utility easement of Lot Seven
(7), Block Two (2), Double Oaks III Addition, located within the City of
Owasso. Tulsa County; State of Oklahoma; and
WHEREAS, pursuant to Title 11, 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 Pu b-
Ild 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 ease-
ment, If any.
NOW THEREFORE, BE IT ORDAINED BY 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 10 feet of the
north 60 feet of the westerly 1 foot of the easterly 11 foot utll ty easement
located in Lot 7, Block 2 of the Double Oaks III Addition to the City of
Owasso, Tulsa County, State of Oklahoma.
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 facil'nies of service therein, nor shall a dosing affect
private ways existing by operation of law unless released in writing execut-
ed by the owners thereof.
SECTION 3. That all ordinances or parts of ordinances in conflict here-
with be, and the same hereby are, expressly repealed.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Owasso, Oklahoma this 2nd day of April, 1986.
/s/ CHARLES L BURRIS
Charles L Burris, Mayor
SEAL
ATTEST:
/s/ MARCIA BOUTWELL
Marcia Boutwell, City Clerk
APPROVED TO FORM:
/s/ RONALD D. CATES
Ronald D Cates, City Attorney
MEMORANDUM
TO: T HONORABLE AY A CITY COUNCIL
CITY OF OASSO
]FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE NO. 523
DATE: March 25, 1996
ACID
At the March 19, 1996 meeting, the Owasso City Council recommended approval of a request
to close a portion of a utility easement located on Lot 7, dock 2, Double Oaks III,
Attached is a copy of Ordinance Noe 523 which formally adopts the City Council's action of
March 19, 1996.
RECOMMENDATION:
Staff recommends Council approval of Ordinance Noe 523,
ATTACHMENTS:
1, Ordinance No, 523
2, Subject Map