HomeMy WebLinkAbout562_Closing Easement Lot 8 Block 1_FairwaysTULSA COUNTY CLERK - JOAN HASTINGS RCPT 260878 01/12/98 11:31:18
DOC # 98002675 FEE 0.00 PGS 1 B/P 5998/1120-1120
CITY OF OWASSO
ORDINANCE NO. 562
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOT EIGHT (8), BLOCK ONE
(1), THE FAIRWAYS AT BAILEY RANCH 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 HEREIWTH.
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient
to close to the public use a portion of a certain utility easement:
WHEREAS, said utility easement is described as follows:
The westerly 4' of the easterly 11' utility easement of Lot 8, Block 1, The Fairways
at Bailey Ranch Addition, from a point at the 25' building line for a distance of 40
feet.
WHEREAS, pursuant to Titile 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 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.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT,
Section 1. The following described utlity easement, be, and the same is hereby closed to
the public use, to-wit:
The westerly 4' of the easterly 11' utility easement of Lot 8, Block 1, The
Fairways at Bailey Ranch Addition, from a point at the 25' building line for a
distance of 40 feet.
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 sergice 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 2nd day of December, 1997
City of Owasso, Oklahoma
Mary Lou Barnhouse, Mayor
ATTEST Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
The Fairways at Bailey Ranch
Payne Surveying Services
REGISTERED LAND SURVEYOR'S INSPECTION PLAT AND CERTIFICATE FOR MORGAGE LOAN PURPOSES
THIS PROPERTY IS LOCATED IN ZONE "C" PER FLOOD INSURANCE RATE MAP # 4400462 0050 b REVISED SEPT. 16,1 982
CERTIFICATE
This plot is made for and at the request of CAPITAL MORTGAGE CORP. for mortgage loan
purposes only covering property described as
Lot eight (8) block one (1), the fairways at bailey ranch, a subdivision in the
city of owasso, tulsa county state of oklahoma, according to the recoreded plat
thereof. 10215 east 89th st - owasso, ok. 74055
Affidavit
OWASSO REPORTER
STATE OF OKLAHOMA, TU SA COUNTY, ss:
Bill R. Retherford, of lawful age, being daily sworn
and authorized, says that he 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 106 of
Title 25, Oklahoma Statutes 1971 and 1983 as
amended, and thereafter, and complies with all other
requirements of the lays of Oklahoma with reference
to legal publications.
That said notice, a tree copy of which is attached
hereto, was published in the regular edition of said
newspaper daring the period and time of publication
and not in a supplement, on the following dates:
My Commission expires:
PUBLISHER'S FEE $ 54.00
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, DECEMBER 11 1997
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO.562
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT
LOCATED WITHIN LOT EIGHT (8), BLOCK ONE (1), THE FAIRWAYS AT BAILEY RANCH
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 had deemed it necessary and expedient close to
public use a portion of a certain utility easement;
WHEREAS, said utility easement is described as follows:
The westerly 4' of the westerly 11' utility easement of Lot S, Block 1, The Fairways at Bailey
Ranch Addition, from a point at the 25' building line for a distance of 40 feet.
WHEREAS, pursuant to title 11, Oklahoma Statutes, Section 42-110, the only holders of a
franchise of purported holders of a franchise that may purport to have a special right or privi-
lege to use said utility easement are Public Service Company of Oklahoma, and/or Okla-
homa Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or TCl
Cable Television Company; and,
WHEREAS, the above holders of franchise or purported holders of a franchise that may purport
to have special right or privilege to use said utility easement have waived their objections to the
closure of said easement, I any.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
THAT
Section 1. The following described utility easement, be and the same is hereby closed to public
use, to wit:
The westerly 4' of the easterly 11' utility easement of Lot 8, Block 1, The Fairways at Bailey
Ranch Addition, from a point at the 25' building line for a distance of 40 feet,
Section 2. The municipality shall retain the absolute right to reopen to 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 of remove utility, public service corporation, or
transmission company facilities of service therin, 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 conflicts herewith be, and the same are hereby
expressly repealed.
PASSED AND APPROVED this 2nd of December, 1997
/s/ MARCIA BOUTWELL
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/RONALD D. CATES
Ronald D Cates, City Attorney
CITY OF OWASSO, OKLAHOMA
By: /s/ MARY LOU BARNHOUSE
Mary Lou Barnhouse, Mayor
TO: THE HONORABLE MAYOR AND CITY COUNCI
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
DATENovember 24, 1997
BACKGROUND:
At the November 18, 1997 meeting, the Owasso City Council approved a request to close a
portion of a utility easement located on Lot 8, Block 1, The Fairways at Bailey Ranch.
Attached is a copy of Ordinance No. 562 which formally adopts the City Council's action of
November 18, 1997.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 562.
ATTACHMENTS:
1. Ordinance No. 562
2. Easement Closing Request Memorandum Dated November 13, 1997
3. Subject Map
TO: THE PLANNING COMMISSION
CITY OF 0317ASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT- EASEMENT CLOSING REQUEST
SIMMONS HOMES
DATE. November 13, 199y]
Mr. Greg Simmons of Simmons Homes has requested a closing of a portion of a utility easement
located within Lot 8, Block 1, The Fairways at Bailey Ranch Addition (10215 E. 89th Street
North). The portion of the easement to be closed is described as the westerly 4 feet of the
easterly 11 foot utility easement, from a point beginning at the 25' building line for a distance
of 40 feet. A case map is enclosed for your information and review with the proposed portion
of the utility easement to be closed shaded in.
The subject property is currently developed with a single-family residence. Area utility
companies reviewed the easement closing request at the October 29, 1997 Technical Advisory
Committee meeting and had no comments regarding the request. City staff has also reviewed
the request and has no concerns.
The Planning Commission reviewed the request at their November 11, 1997 regular meeting and
unanimously recommended approval of the easement closing request. If approved by the City
Council, the applicant would still need to process a case through district court to permanently
close on the city's right to reopen the easement.
Staff recommends approval of the easement closing request, closing the westerly 4 feet of the
easterly 11 foot utility easement, from a point beginning at the 25' building line for a distance
of 40 feet.
1. Case Map.
2. Copy of the Fairways plat.