HomeMy WebLinkAbout584_Closing Easement Lot 14F Block 3_Three LakesTULSA COUNTY CLERK - JOAN HASTINGS RCPT 301612 08/11/98 10:24:58
DOC # 98087534 FEE 0.00 PGS 1 B/P 6090/1810-1810
CITY OF OWASSO
ORDINANCE NO. 584
AN ORDINANCE CLOSING TO THE PUBLIC USE A UTLITY
EASEMENT 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
Ito close 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, 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 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.
NO'"T, 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.
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hereby expressly repealed.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 cD
Denise Bode, Mayor
AS TO FORM:
Marcia Boutwell, City Clerk
Ronald D. Cates, City Attorney
Affidavit Of Publication
OWASSO REPORTER
STXI E OF OKLAHOMA, `l ULSA COUNTY, ss.
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
Owasso Reporter, a weedy 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:
August 13th 1998
Subscribed and sworn to before me this
day of
My Commission expires
PUBLISHER'S FEE $62.40
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
August 13, 1998.
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 close 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, 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 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.
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
/s/ D NI BOD
Denise Bode, Mayor
ATTEST: APPROVED AS TO FORM:
/s/ MARCIA BOUTWELL /s/ RONALD D. CATE
Marcia Boutwell, City Clerk Ronald D. Cates, City Attorney
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