HomeMy WebLinkAbout564_Amended_Closing Easement Lot 1 Block 7_Bailey Ranch EstatesTULSA COUNTY CLERK - JOAN HASTJINGS RCPT 301612 08111198 10:24:58
DOC 0 9808'7532 FEE 0.00 PGS I B/P 6090/1808-1808
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 UTILITY
EASEMENT LOCATED WITHIN LOT ONE (1), BLOCK SEVEN (7),
BAILEY RANCH EASTATES 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 expedient
to close to public use a portion of a certain utility easement;
WHEREAS, 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 11, Oklah, oma 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 utility easement, be, and the same is 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.
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, reconsturct, operate or
remove utility, public service corporation, or transmissioncompany 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 hereiwth be, and the same are
hereby expressly repealed.
PASSED AND APPROVED this 2nd day of June, 1998.
City of Owasso, Oklahoma
Denise Bode, Mayor
ATTEST: Marcia Boutwell, City Clerk
APPROVED AS TO FORM: Ronald D. Cates, City Attorney
Affidavit Of Publication
OWASSO REPORTER
SWAT" OF OKLAHOMA, ' LSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly 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 laws of Oklahoma with reference
to legal publications,
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 a supplement, on the following dates:
June 11 1998
Subscribed and sworn to before one this
day of
Notary Public _
My Commission expires:
PUBLISHER'S FEE $ 73.20
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
expeiient to close to public use a portion of a certain utility
easement;
WHEREAS, 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 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 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, 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 except
the easterly 11' of said easement, of Lot 1, Block 7,
Bailey Ranch Estates.
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, 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.
SECTION a. All ordinances or parts of ordinances in conflict herewith be,
and the same, are hereby expressly repealed.
PASSED AND APPROVED this 2nd day of June, 1998.
CITY OF OWASSO, OKLAHOMA
/s/ DENISE BODE
Denise Bode, Mayor
ATTEST: APPROVED AS TO FORM:
/s/ MARCIA BOUTWELL /s/ RONALD D. CATES
Marcia Boutwell, City Clerk Ronald D. Cates, City Attorney
TO THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
ASSISTANTICITY MANAGE22-
DATE: May 27, 1998
In January of 1998, the Owasso City Council adopted Ordinance No. 564 in order to close "IT
utility easement located within Lot 1, Block 7, Bailey Ranch Estates Addition. Ordinance N
564 contained an error within the legal description of the described utility easement to be clos
and Ordinance No. 564 Amended would correct
Attached is a copy of Ordinance No. 564 as well as Ordinance No. 564 Amended, which
corrects the error and formally closes the utility easement.
ATTACHMENTS:
I . Ordinance No. 564
2. Ordinance No. 564 Amended
M
TULSA COUNTY CLERK - JOAN HASTINGS RCPT 260878 01/12/98 11:31:38
DOC # 98002677 FEE 0.00 PGS 1 B/P 5998/1124-1224
CITY OF OWASSO
ORDINANCE NO. 564
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY 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, the City of Owasso, Oklahoma, has deemed it necessary and expedient
to close to public use a portion of a certain utility easement;
The northerly 10' utility easement, less and except the westerly I l' 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, 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 utility easement, be, and the same is hereby closed to
the public use, to -wit:
The northerly 10' utility easement, less and except the westerly I I' of said
easement, of Lot 1, Block 7, Bailey Ranch Estates.
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 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.
Section 3. All ordinances or parts of ordinances in conflict herewith be, and the same are
hereby expressly repealed.
Marcia Boutwell, City Clerk
Mary L,ou 13arnhouse, Mayor
Ronald D. Cates, City Attorney
Affidavit Of Publication
STATE OF OKLAHOMA, TULSA COIN ss:
Bill R. Retherford, of lawful age, being duly 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 166 of
Title 25, Oklahoma Statutes 1971 and 1983 as
amended, and thereafter, and complies with all other
requirements of the laws of Oklahoma with reference
to legal publications.
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 a supplement, on the following dates:
Subscribed and sworn- to before me this
day of My Commission expires:
PUBLISHER'S FEE $ 64.80
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, Jan-
uary 15. 1998.
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF
A UTILITY EASEMENT LOCATED WITHIN LOT ONE (1), BLOCK
SEVEN (7), BAILEY RANCH ESTATES ADDITION, AN ADDITION
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 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 ease-
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 Title II, Oklahoma Statutes, Section 42-110,
the only holders of a franchise or purported hollers 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, 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 utility easement be, and the same is
hereby closed to the public use, to -wit
The northerly 10' utility easement, less and except the westerly 11' of
said easement, of Lot 1, Block 7, Bailey Ranch Estates.
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, recon-
struct, 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 by the owners there-
of.
Section 3. All ordinances or parts of ordinances in conflict herewith be, and
the same are hereby expressly repealed.
PASSED AND APPROVED this Sth day of January, 1998.
CITY OF OWASSO, OKLAHOMA
By: /s/ Mary Lou Barnhouse
Mary Lou Barnhouse, Mayor
(SEAL)
ATTEST:
/s/ Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/Ronald D. Cates
Ronald D Cates, City Attorney
DATE FILED OCT. 31, 1994 PLAT NO. 5035
BAILEY RANCH ESTATES
5U5
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 35266
TULSA, OILLMMIA 14111
Pudlu- (916) 274-7177
ENGINEER
TUTTLE & ASSOCIATES, INC
5460 5, GARIIEtI R0.1, SORE 4
NLSA. MLAHMA 74146
PHNIE: (910) 663-5567
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 loft.
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 74153-0288 • (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
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 1l' 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