HomeMy WebLinkAbout564_Closing Easement Lot 1 Block 7_Bailey Ranch Estatesclosing easement Lot 1, Block 7, Bailey Ranch Estates
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808- 808
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OF OW ASSO
564, AMENDED
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PROVIDING AMENDMENT TO ORDINANCE NO. 564
) CLOSING TO THE PUBLIC USE PORTION OF A UTILITY
LOCATED LOT ONE (1), BLOCK SEVEN (7),
RANCH ESTATES ADDITION, AN ADDITION TO THE CITY
OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND
UNTO SAID CITY OF OW ASSO, OKLAHOMA, THE
RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE
AND REPEALING ALL ORDINANCES OR PARTS OF
IN CONFLICT HEREWITH.
/'""""-,,,
"'"""'--/
",1)
Ordinance 564 contained a scriveners error in the described
easement to be closed, error being the northerly 10' utility
easement, less and except the westerly 11' of said easement, of Lot 1, Block
Bailey Ranch Estates Ordinance 564 Amended provides the correct
and expedient
the City of Owasso, Oklahoma, has deemed it necessary
to use a of a certain easement;
of said easement
11'
is described as follows
utility easement, less and except the easterly
Block 7. Bailey Estates.
pursuant to Title Oklahoma Statutes, Section 42-110, the only holders
a franchise or purported holders of a franchise that may purport to have a special
or privilege to use said easement are Public Service Company of
and/or Oklahoma Gas Company, and/or Southwestern Bell
Company, and/or Cable Television Company; and,
the above holders franchise or purported holders of a franchise that
to have a special right or privilege to use said utility easement have
objections to the closure of said easement, any.
easement
said
ORDAINED BY THE COUNCIL OF THE CITY OF
THEREFORE, BE
OKLAHOMA.
to
is hereby dosed
and the same
be,
easement,
following described
use,
--
of said
11'
easement, less and except the easterly
7, Bailey Ranch Estates.
The municipality 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 right to maintain, repair, reconstruct, operate or
remove utility, public service corporation, or transmission company facilities
service therein, nor a closing affect private ways existing by operation
unless released writing the owners thereof.
2
herewith be. and the same are
ordinances or parts ordinances conflict
hereby expressly repealed.
e
1998
day of June
APPROVED
of Owasso, Oklahoma
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
June 11,1998.
CITY OF OWASSO
ORDINANCE NO. 564, AMENDED
AN ORDINANCE PROVIDING AMENDMENT TO ORDINANCE NO.
564 AND CLOSING TO THE PUBLIC USE A PORTION OF A UTILI.
TY EASEMENT LOCATED WITHIN LOT ONE (1), BLOCK SEVEN
(7), BAILEY RANCH ESTATES 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,
Ordinance No. 564 contained a scriveners error in the
described drainage easement to be closed, such error being
the northerly 10' utility easement, less and except the westerly
11' of said easement, of Lot 1, Block 7, Bailey Ranch Estates
and Ordinance No. 564 Amended provides the correct legal
description, and
WHEREAS, The City of Owasso, Oklahoma, has deemed it necessary and
expejient to close to public use a portion of a certain utility
easement;
said utility easement is described as follows:
The northerly 10' utility easement, less and except
the easterly 11' of said easement, of Lot 1, Block 7,
Bailey Ranch Estates.
WHEREAS,
pursuant to Title 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, andlor Southwestern
Bell Telephone Company, andlor TCI Cable Television Com-
pany; and
WHEREAS,
the above holders of franchise or purported holders of a fran-
chise 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, ~ any.
WHEREAS,
is
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, pub-
lic 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 by the owners
thereof.
The following described utility easement be, and the same,
hereby closed to the public use, to-wit:
The northerly 10' utility easement, less and except
the easterly 11' of said easement, of Lot 1, Block 7,
Bailey Ranch Estates.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA, THAT:
SECTION 1.
SECTION 2.
OWASSO REPORTER
STATE OF TULSA COUNTY, ss
Bill R. of lawful age, being duly sworn
and authorized, says that he is the publisher of the
Owasso a weekly newspaper published in
the of Owasso, Tulsa Oklahoma, a news-
pa per to legal notices, advertise-
ments and as in Section 106 of
Title 25, Oklahoma Statutes 1971 and 1983 as
and thereafter, and complies with all other
requirements of the laws of Oklahoma with reference
to legal
That said a true copy of which is attached
the regular edition of said
newspaper ,d and time of publication
and not in a suppleme: the fonow] ltes:
199~
Subscribed and sworn ore me thil
Commission --
PUBLISHER'S $73.20
SECTION 3. Ail ordinances or parts of ordinances in conflict herewith be,
and the same, are hereby expressly repealed.
PASSED AND APPROVED this 2nd day of June, 199B.
CITY OF OWASSO, OKLAHOMA
Isl DENISE BODE
Denise Bode, Mayor
APPROVED AS TO FORM:
ATTEST:
Isl MARCIA BOUTWELL
Marcia Boutwell, City Clerk
E
MEMORANDUM
THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OW ASSO
TIMOTHY ROONEY
ASSISTANT CITY MANAGER
FROM:
564, AMENDED
ORDINANCE NO.
1998
May 27
SUBJECT:
DATE:
BACKGROUND:
January 1998, the Owasso City Council adopted Ordinance No. 564 in order to close a
easement located within Lot 1, Block 7, Bailey Ranch Estates Addition. Ordinance No.
564 contained an error within the legal description of the described utility easement to be closed
Ordinance No. 564 Amended would correct that error
which
No. 564 Amended
s a copy of Ordinance No. 564 as wen as Ordinance
error and formally closes the utility easement.
Attached
corrects
approval of Ordinance No. 564 Amended
RECOMMENDATION:
Council
Staff recommends
AITACHMENTS
Ordinance No. 564
Ordinance No. 564 Amended
1
2
closing easement Lot 1, Block 7, Bailey Ranch Estates
38
3
24
.
1
98 1
124-
01/12
5998
260878
CITY OF OW ASSO
ORDINANCE NO. 564
c.
L
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOT ONE (1), BLOCK SEVEN
, BAILEY RANCH ESTATES 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
-~.~
---'
('-.~
necessary and expedient
WHEREAS, the City of Owasso, Oklahoma, has deemed it
to close to public use a portion of a certain utility easement
co
c:;n,
said easement
of
11'
described as follows
The northerly 10' utility easement, less and except the westerly
Lot 1, Block 7, Bailey Ranch Estates
IS
said utility easement
WHEREAS
WHEREAS, pursuant to Title II, Oklahoma Statutes, Section 42-110, the only holders
a franchise or purported holders of a franchise that may purport to have a specia
right or privilege to use said utility easement are Public Service Company of
Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bel
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.
to
is hereby closed
and the same
be
The following described utility easement
the public use, to-wit:
1
Section
said
of
11'
The northerly 10' utility easement, less and except the westerly
easement, of Lot 1, Block 7, Bailey Ranch Estates.
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
service therein, nor shall a closing affect private ways existing by operation
law unless released in writing by the owners thereof.
Section 2
and the same are
herewith be
in connict
ordinances or parts of ordinances
hereby expressly repealed.
Section 3
1998
6th day of January
this
PASSED AND APPROVED
Oklahoma
Mayor
APPR~ AS TO FORM
City of Owasso
'?))/]0~Z,:&?;:.
Mary Lou/Barnhouse
City Attorney
Ronald D. Cates
City Clerk
Marcia
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, Jan-
uary 15. 1 gOO.
CITY OF OWASSO
ORDINANCE NO. 564
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORn ON OF
A UTILITY EASEMENT LOCATED WITHIN LOT ONE (1), BLOCK
SEVEN (7), BAILEY RANCH ESTATES ADDlnoN, AN ADDlnON
TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLA-
HOMA, AND RETAINING UNTO SAID CITY OF OWASSO, OKLA-
HOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT
EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDI.
NANCES OR PARTS OF ORDINANCES IN CONFUCT HEREWITH.
WHEREAS, the City of Owasso, Oklahoma, has deemed ~ necessary
and expedient to close to public use a portion of a certain utilityease-
ment;
WHEREAS, said utility easement is described as follows:
The northerly 10' utility easement, less and except the westerly 11' of
said easement, cf Lot 1, Block 7, Bailey Ranch Estates.
WHEREAS, pursuant to Trtle II, Oklahoma Statutes, Section 42-110,
the oniy holders of a franchise or purporled holders of a franchise that
may purport to have a special right or privilege to use said utility ease-
ment are Public Service Company of Oklahoma, andlor 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
Iranchise that may purport to have a special right or privilege to use
said utility easement have waived their objections to the closure 01
said easement, if any.
NOW, THEREFORE, BE iT ORDAINED BY THE COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA, THAT,
Section 1. The following described utility easement, be, and the same is
hereby closed to the public use, to-wit:
The northerly 10' utility easement, less and exceptlhe weslerly 11' of
said easement, of Lot 1 , Block 7, Bailey Ranch Estates.
Section 2. The municipality shall retain the absolute right to reopen the
pu blic way or easement wilhout expense 10 the municipality. Closing 01 the
public way or easement shall not affect the right to maintain, repair, recon-
struct, operate or remove utility, public service corporation, Of 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 there-
of.
Section 3. All ordinances or parts of ordinances in conllict herew~h be, and
the same are hereby expressly repealed.
PASSED AND APPROVED this 6th day of January, 1998.
CITY OF OWASSO, OKLAHOMA
By: Is! Mary Lou Barnhouse
Mary Lou Barnhouse, Mayor
(SEAL)
ATTEST:
Is! Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Is/Ronald D. Cates
Ronald D Cales, City Attorney
ation
OWASSO REPORTER
STATE OF TULSA COUNTY, ss:
Bill R. of lawful age, being duly sworn
and authorized, says that he is the publisher of the
Owasso Reporter, a weekly newspaper published in
the of Owasso, Tulsa Oklahoma, a news-
paper to legal notices, advertise-
ments and as in Section 106 of
Title 25, Oklahoma Statutes 1971 and 1983 as
amended, and t and complies with aU other
oj laws of Oklahoma with reference
to legal
That said not true copy of which is attached
was regular edition of said
newspaper duri and time of publication
and not in a sup ,tes:
199--8--
ana
Commission
DATE FILED OCT. 31, 1994 PLAT NO. 5035
BAILEY RANCH ESTATES
505
A PART OF THE W/2 OF SECTION 17, TOWNSHIP 21 NORTH,
RANGE 14 EAST, CITY OF OWASSO. TULSA COUNTY, OKLAHOMA
OPUD #12
OWNER N
BAILEY RANCH ESTATES, L.L.C.
P.O. BOF 35366
TULSA, OILLMMI. 14153
Pudlu- (916) 274 -7177
ENGINEER
TUTTLE & ASSOCIATES, INC
5460 5, GARIIEtI 8010. SORE 4
TULSA. MLAHMA 74146
PHNIE: (916) 663 -5567
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ESTATES, L.L.C.
November 10, 1997
City of Owasso, Oklahoma
Mr. Tim Rooney
City Planner
207 South Cedar
Owasso, Oklahoma. 74055
Dear. Mr. Rooney
As per our telephone conversation 11 -6 -97 I am requesting that
Bailey Ranch Estates be-placed on the next Planning Commission meeting
agenda. The purpose of this request is the vacating of the 10ft.
easement between lot 1, and lot 2,'in block 7. This is a storm sewer
easement,that is no longer-needed. The'lot has been purchased and the,„
builder-is-needing the additional 5ft. that would be gained by this
action..
Sincerely
Larr R. Pennington
P.O. BOX 35288 • TULSA, OKLAHOMA 741 5 3 -028 8 • (918) 663 -7187. 274 -7177 • FAX 663 -2074
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE NO. 564
DATE: December 19, 1997
BACKGROUND:
At the December 16, 1997 meeting, the Owasso City Council approved a request to close a
utility easement located on Lot 1, Block 7, Bailey Ranch Estates.
Attached is a copy of Ordinance No. 564 which formally adopts the City Council's action of
December 16, 1997.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 564.
ATTACHMENTS:
1. Ordinance No. 564
2. Easement Closing Request Memorandum Dated December 12, 1997
3. Subject Map
1 •' � 1
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: EASEMENT CLOSING REQUEST
LOT 1, BLOCK 7, BAILEY RANCH ESTATES
DATE: December 12, 1997
BACKGROUND:
The City of Owasso has received a request from Mr. Larry Pennington for the closing of the
northern 10' utility easement, less and except the westerly 11' of said easement, located within
Lot 1, Block 7, Bailey Ranch Estates Addition (9819 North 115th East Avenue). Unlike
previous requests, this is not a request to close a portion of a utility easement, but rather the
entire easement itself. A location map and case map are enclosed for your information and
review.
Currently, the subject property is not developed and their are no encroachments into this utility
easement of any kind. The Technical Advisory Committee reviewed the request at the
November 24, 1997 regular meeting and had no objections to the closing request. The Owasso
Planning Commission reviewed the request at their December 9, 1997 regular meeting and
unanimously recommended approval.
Staff has no concerns regarding this request.
RECOMMENDATION:
Staff recommends Council approval of the easement closing request, closing the northern 10'
utility easement, less and except the westerly 11' of said easement, located within Lot 1, Block
7, of Bailey Ranch Estates.
ATTACHMENTS:
1. Area map
2. Case map
4. Copy of letter from Mr. Pennington