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HomeMy WebLinkAbout531_Closing Portion of Utility Easement Lot 43 Block 5_Three Lakes IIU N Ly _30AP1,1 RCPF 200979 02/04/97 19-:07:37 V f) 44" 9 -11 0 0 9,,'6'31 000 PGS 1 7311P 588-3/02224-0224 so "Ism No i NILS11� WHEREAS, the City of Owasso, 04ahoma, has deemed it necessary and expedient to close to public use a portion of a certain utility easement, and WHEREAS, said utility easement is described as follows: The northerly 40' of the easterly 6' of the rear 15' utility easement of Lot 43, Block 5, Three Lakes II Addition, located within the City of Owasso, Tulsa County, State of Oklahoma; and ing OUR I"Usu Flu 'IMILY UUSelllellL al-CMrSUT 37-7777 Z_uinpan a ana/or Wmanoma latura as Company, and/or Southwestern Bell Telephone Company, and/or TC1 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 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 northerly 40' of the easterly 6' of the rear 15' utility easement of Lot 43, Block 5, Three Lakes Il 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 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 That all ordinances or parts of ordinances in conflict herewith be, and the same hereby are, expressly repealed. PASSED, APPROVED AND ADOPTED by the City Council of the City of Owasso, Oklahoma this 5th day of November, 1996. �h)X_ I Danny Ewin#!, MayorV T ��-T `ate nald D Cates, City Attorney Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher Of the OWASSO REPORTER , a Weekly newspaper printed in the city of Tulsa County, Oklahoma, a newspaper qualified to pulAish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1963 as amended, and thereafter, My Commission expires: March 20, 1997 PUBLISHER'S FEE $58 ® 00 Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, November 14, 1995. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 531 AN ORDINANCE CLOSING TO PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT FORTY THREE (43), BLOCK FIVE (5), THREE LAKES 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 portion of a certain utility easement, and WHEREAS, said utility easement Is described as follows: The northerly 40° of the easterly V of the rear 15' utility easement of Lot 43, Block 5, Three Lakes II Addition, located within the City of Owasso, Tul- as County, State of Oklahoma; and WHEREAS, pursuant to Title 111, 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- tic 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, 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 northerly 49 of the easterly 6' of the rear 15' utility easement of Lot 43, Block 5, Three Lakes 11 Addition, located within the City of Owasso, Tulsa County, State of Okla- horns. 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 same hereby are, expressly repealed. PASSED, APPROVED AND ADOPTED by the Oklahoma this 5th day of November, 1996. CITY OF OWASSO, OKLAHOMA. /a/ Danny Ewing Danny Ewing, Mayor (SEAL) ATTEST is Marcia Boutwell Marcia Boutwell, City Clark APPROVED AS TO FORM: 1s/ Ronald D. Cates Ronald D Cates, City Attorney 0 TO. THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR DATE- October 31, 1996 At the October 29, 1996 special meeting, the Owasso City Council recommended approval of a request to close a portion of a utility easement located on Lot 43, Block 5, Three Lakes 11 Addition. Attached is a copy of Ordinance No. 531 which formally adopts the City Council's action of October 29, 1996. Staff recommends Council approval of Ordinance No. 531. ATTACHMENTS: 1. Ordinance No. 531 2. Subject Map � nn `vv Landco Construction Company 16511 E. 116th St. N. (918) 371-5187 Owasso, OK 74055 Fax: (918 )371-55-81 Z 0=0 9M ZCG= � M M z 7; co Lo M n 0 nc 0 M v C NORTH 121ST- EAST" AVENUE I is R ti O