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HomeMy WebLinkAbout524_Closing Portion of Easement Lot 2 Block 3_Windsor Lake II1SA CLERK - JOAN HASTINGS RUT 158343 05/28/96 76:59:31 763 FEE 0400 S 1 /P 5812/2597-2597 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 524 WHEREAS, said utility easement is described as follows: The southernmost 5.5' of the northerly 17.5' utility easement of Lot Two (2), Block Three (3), Windsor Lake 11 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 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 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. N THEREFORE, I ORDAINED Y T CITY COUNCIL OF T CITY OF OWASSO, OKLAHOMA: SECTION I® That the following described utility easement, be, and the same is hereby closed to the public use, to-wit: The southernmost 5.5' of the northerly 17.5' utility easement of Lot Two (2), Block Three (3), Windsor Lake II Addition, located within 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 Affidavit Of Pubfication MAY '40 ,199 6 Subscribed and sworn to before arse this 30 ~ day of May 1996 Notary Public y Commission expires: March 20, 1997 PUBLISHER'S FEE 61 m 30 Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, May 30, IN6. ORDINANCE NO. 524 CITY OF OWASSO, OKLAHOMA AN ORDINANCE CLOSING TO PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT TWO (2), BLOCK THREE (3), WINDSOR LAKE II 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, the City of Owasso, Oklahoma, has deemed It necessary and expedient to close to public use a certain utility easement, and WHEREAS, said utility asser ant Is described as follows: The southernmost 5.5° of the northerly 17.V utility easement of Lot Two (2), Block Three (3), Windsor Lake 11 Addition, located within the City of Owasso, Tulsa County, State of Oklahoma; and WHEREAS, pursuant to Title 11, Oklahorne 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- lic Service Corny 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, it any. NOW THEREFORE, BE IT ORDAINED BY THE CITY 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 southernmost 5.5° of the northerly 17.6 utility easement of Lot Two (2), Block Three (3), Windsor Lake 11 Addition, located within 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 execut- ed by the owners therect. 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 21st day of May, 1996. By: /s/ DANNY EWING Danny Ewing, Mayor SEAL ATTEST: /s/ MARCIA BOUTWELL Marcia Boutwell, City Clark APPROVED AS TO FORM: /a/ RONALD D. CATES Ronald D Cates, City Attorney Cli 'i . ( I)<=TC)9r9FS~ PENT UNION '1'9'iLE & ESCROW/ N(1TI : THIS, I'P.UPI;I1'1'Y iJ l',S IN l'i,( UD ZONIC "i W I,AHO A (;I?N'I'RAI, (;Rfi;I9Ii' UNION PE 1), F. I.1'.fl. GOrillIJ1IITY I'l1N1',1, P(MnOWER NO. 400/iOi (TO5(113, REVISED 9-16-87. If Mll"I'(1N, S'I EW',N KENT & ~ 1I M11''FON, JOUNN ra ? 1 PEAVE t FGE!1IF (-11.1 T 1IiI •i (li 111 t-~.: , l ~"Jf fl(: n~i !.1f 117 ~ c , 4. CERTIFICATE T'l A T r Till', FLAT IS MAOF FOR AND AT THE nEouEsT of GPUi DJ T UN ION TI'I'I_,I; & ES(J1OW/0I;I,Al10tln (J',r4 PAl, (J1JJ) 1 I I f x'17 ~A(UgT(W;F t AJ 4 PUR€'()RFS ONLY (-,(lVf niw; F'ntl('F ill ) r)[ 11 mm f l,ot- '1'tao (2), BJ-ocK Three (3 l , U I NI)SOP, 1,A1, I; 1 i , n Suii(l i vi s, i on i n '1 u 1 (',mint.y, State of. OI:lahonia, A(. corus; tiT lII Pnf() rdod PI<at tII(~r~nf, nnri Ptaown as 1-3305 bast 93rd Si T (,(,l Ni,rl 1i. I MEMORANDUM TO: T HONORABLE MAYOR A CITY COUNCIL CITY O ASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT- ORDINANCE NO. 524 FATE: April 29, 1996 BACKGROUND: At the April 16, 1996 meeting, the Owasso City Council recommended approval of a request to close a portion of a utility easement located on Lot 2, Flock 3, Windsor Lake II. Attached is a copy of Ordinance No. 524 which formally adopts the City Council's action of April 16, 1996. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 524. ATTACHMENTS: 1. Ordinance No. 524 2. Subject Map