HomeMy WebLinkAbout528_Closing Portion of Easement Lot 13 Block 1_Winsor Lake II'T 2009-79 C- 12: Oi 59
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/CITY OF OWASSO, OKLAHOMA
ORDINANCE NO, 528
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close
to public use a portion of a certain drainage easement, and
WHEREAS, said drainage easement is described as follows:
Commencing at a point 62.97 feet east of the southwest corner of Lot 13, Block 1, Windsor
Lake II Addition, thence northeasterly along the east side of the existing drainage easement
to the north line of Lot 13, thence westerly along said line 33 feet, thence south to the point
of beginning, 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 drainage easement are Public Service Company of Oklahoma and/or Oklahoma Natural
Gas Company, and/or Southwestern Pell 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, E IT ORDAINED Y THE CITE' COUNCIL F E CITY
OF OWAS O, OKLAHOMA:
SECTION 1. That the following described drainage easement, be, and the same is hereby
closed to the public use, to-wit: Comminging at a point 62.97 feet east of the southwest corner of
Lot 13, Block 1, Windsor Lake II Addition, thence northeasterly along the east side of the existing
drainage easement to the north line of Lot 13, thence westerly along said line 33 feet, thence south
to the point of beginning, located within the City of Owasso, Tulsa County, State of Oklahoma.
SECTION 2m 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 3® That all ordinances or parts of ordinances in conflict herewith be, and the
same hereby are, expressly repealed.
'oo APPROVE A ADOPTED
by,1
a r ~ ,-.day of September, 1996, 1
7,,
~ALZ~ Dann
ATTEST:„
Mai Bout ell, City Clerk
AS TO FORM:
D Cates, City Attorney
City Council of the City of Owasso,
AffidavIlt Publication
STATE OF OKLAHOMA, TULSA COUNTY, as.
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 la supplement, on the following dates:
'1996 -
Subscribed and sworn to before e this 1~2t-h
day of September 1996
Notary Public
My Commission expires. March 20- 1,997
PUBLIS E °S FEE & 9 a ~ 5
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
September 12, 1996.
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 528
AN ORDINANCE CLOSING TO PUBLIC USE A PORTION OF A
DRAINAGE EASEMENT LOCATED WITHIN LOT THIRTEEN (13),
BLOCK ONE (1), WINDSOR LAKE 11 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 portion of a certain drainage ease-
ment, and
WHEREAS, said drainage easement Is described as follows:
Commencing at a point 62.97 feet east of the southwest corner of Lot 13,
Block 1, Windsor Lake II Addition, thence northeasterly along the east side
of the existing drainage easement to the north Una of Lot 13, thence wester-
ly along said line 33 feet, thence south to the point of beginning, 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 pur-
port to have a special right or privilege to use said drainage easement are
Public; Service Company of Oklahoma and/or Oklahoma Natural Gas Com-
pany, 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
easamern% If any.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF OWASSO, OKLAHOMA:
SECTION 1. That the following described drainage easement, be, and
the same Is hereby closed to the public use, to-wit: Comminging at a point
62.97 feel east of the southwest corner of Lot 13, Block 1, Windsor Lake II
Addition, thence northeasterly along the east side of the existing drainage
easement to the north line of Lot 13, thence westerly along said line 33
feet, then south to the point of beginning, located within the City of Owas-
so, Tulsa County, State of Oklahora.
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 thereof.
SECTION 3. That all ordinances or parts of ordinances In conflict here-
with be, and the saran hereby are, expressly repealed.
PASSED AND APPROVED AND ADOPTED by the City Council of the
City of Owasso, Oklahoma this 3rd day of September, 1996.
(SEAL)
ATTEST.
CITY OF OWASSO, OKLAHOMA.
/sr Danny Ewing
Danny Ewing, Mayor
is' Marcia Boutwell
Marcia BoutwelL City Clerk
APPROVED AS TO FORM:
!af Ronald D. Cates
Ronald D Cates, City Attorney
MEMORANDUM
TO.- T HONORABLE AY A CITY COUNCIL
CITY ASS
FROM: TIMOTHY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE NO. 528
ATE. August 27, 1996
BACKGROUND:
At the August 20, 1996 meeting, the Owasso City Council approved a request to close a portion
of a drainage easement located on Lot 13, dock 1, Windsor Fake 11.
Attached is a copy of Ordinance Noe 528 which formally adopts the City Council's action of
August 20, 1996m
RECOMMENDATION:
Staff recommends Council approval of Ordinance No, 528.
ATTACHMENTS:
1, Ordinance Nom 528
20 Subject Map