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HomeMy WebLinkAbout584_Closing Easement Lot 14F Block 3_Three Lakesclosing easement, Lot 14, Block 3, Three Lakes /98 1 :24:58 8 -18 -1 l 08 09 2 6 1 30 USE FOURTEEN THE EXPENSE TO THE r::) expedient necessary deemed it easement; to as Three Lakes 3 easement is 42-1 to have a special Service Company Southwestern or of a franchise or to use said easement easement, CITY is to same 3 to reopen the Closing or reconstruct, operate or or transmission ways existing owners thereof. same are be. 'I h ~~ 1;~lj . . Bode, Mayor ~~ D. Cates , Owasso, Tulsa County, Oklahoma, Published in the Owasso Reporter, August 13, 1995. CITY OF OWASSO ORDINANCE NO. 584 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASE- MENT LOCATED WITHIN LOT FOURTEEN (14) "F", BLOCK THREE (3), THREE LAKES 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 ciose to public use a portion of a certain utility easement; WHEREAS, said utility easement is described as follows: A 15' utility easement located within Lot 14F, Block 3, THREE LAKES ADDITION to the City of Owasso. WHEREAS, pursu&nt 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, andlor Oklahoma Natural Gas Company, andlor 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, 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 A 15' utility easement located within Lot 14F, Block 3, THREE LAKES ADDITION to the City of Owasso. 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. ation OWASSO REPORTER STATE OF TULSA COUNTY, ss: Bill R. Rl of lawful age, being sworn and says that he is the publisher of the newspaper published in the Oklahoma, a news- paper legal notices, advertise- ments and as in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and t and complies with all other oj laws of Oklahoma with reference to legal That said not true copy of which is attached was I the regular edition of said newspaper duri riod and time of publication and not in a sup on the following dates: 199~ Commission SECTION 3 All ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 4th day of August, 1998. CITY OF OWASSO, OKLAHOMA Is/ DENISE BODE Denise Bode. Mayor APPROVED AS TO FORM: ATTEST: Isl MARCIA BOUTWELL Marcia Boutwell, City Clerk C MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ORDINANCE NO. 584 DATE: July 22, 1998 BACKGROUND: At the July 21, 1998 meeting, the Owasso City Council unanimously approved a request to close a 15' utility easement located within on Lot 14F, Block 3, Three Lakes Addition to the City of Owasso. The Easement Closing Memorandum from the July 21, 1998 meeting and a Subject Map are attached for your information and review. Attached is a copy of Ordinance No. 584 which formally adopts the City Council's action of July 21, 1998. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 584. ATTACHMENTS: 1. Easement Closing Request Memorandum Dated July 15, 1998 2. Subject Map 3. Ordinance No. 584 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: J THOMAS SLEMONS EASEMENT CLOSING DATE: July 15, 1998 BACKGROUND The City of Owasso has received a request for J Thomas Slemons, owner, to close an easement located at 11505 E 83rd St. N., further described as Lot 14F, Block 3, Three Lakes Addition. A subject map is attached for your information and review. The Technical Advisory Committee reviewed this proposal on June 24, 1998 and had no comments or concerns. The City of Owasso or area utility providers are not currently utilizing this easement and there are no plans to utilize it in the future. The easement, as it exists, bisects the lot. As a result, it presents unnecessary constraints on the development of the property if it were to remain. The Owasso Planning Commission reviewed the request at the July 14, 1998 regular meeting and unanimously recommended approval of the request. If approved by the Council, an ordinance formally adopting the easement closing will be presented at the August 4, 1998 meeting. RECOMMENDATION Staff recommends approval of the closing of this easement. ATTACHMENTS 1. Area Map 2. Subject Property Map C: \Owasso\Planning Commission \7- 14 -98\J Thomas Slemons \Council MEMO - Easement Closing.doc �l al for r