HomeMy WebLinkAbout594_Closing Utility Easement_Lot 3 Block 1_Owasso Commercial CenterTULSA COUNTY CLERK - JOAN HASTINGS RCPT 316215 10/26/98 14:17:59
DOC # 98121615 FEE 0.00 PGS 2 B/P 6125/0340/0341
6125 0340
CITY OF OWASSO
ORDINANCE NO. 594
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOT THREE (3), BLOCK ONE
(1), OWASSO COMMERCIAL CENTER, AN ADDITION TO THE CITY OF
OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING
UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOUTE RIGTH
TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, the City of Owasso, Okalhoma, has deemed it necessary and expedient to
close to public use a portion ofa certain utility easement;
WHEREAS, said utility easement is descried as follows:
The westerly 8.50 feet of a portion of the 10.00 foot utility easement more particularly
described as follows: Commencing at the Southeast Corner of said Lot 3; thence Due
North 145.00 feet to a point; thence Due West 1.50 feet to the Point of Beginning of
the aforesiad partial vacation; thence Due West 8.50 feet to a point; thence Due South
32.00 feet to a point; thence Due east 8.50 feet to a point; thence Due North 32.00 feet
back to the Point of Beginning;
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 westerly 8.50 feet of a portion of the 10.00 foot utility easement
more particularly described as follows: commencing at the Southeast
Corner of said Lot 3; thence Due North 145.00 feet to a point; thence
Due West 1.50 feet to the Point of Beginning of the aforesaid partial
vacation; thence Due West 8.50 feet to a point; thence Due South 32.00
feet to a point; thence Due east 8.50 feet to apoint; thence Due North
32.00 feet back to the Point of Beginning.
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, repai,
reconstruct, operate or remove utility, public service corportaion, 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 hereiwth be, and the
same are hereby expressly repealed.
PASSED AND APPROVED this 20th day of October, 1998.
City of Owasso, Oklahoma
Denise Bode, Mayor
6125 0341
ATTEST: Marcia Boutwell, City Clerk
APPROVED AS TO FORM: Ronald D. Cates, City Attorney
OWASSO REPORTER
STATE OF OKLAHOMA, TU SA 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 newspalaer 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 1986 as
amended, and thereafter, and complies with all other
requirements of the lays 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:
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
October 29, 1998.
PUBLISHER’S FEE $130.90
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 594
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOT THREE (3), BLOCK ONE
(1), OWASSO COMMERCIAL CENTER, 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 CON-
FLICT 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:
The westerly 8.50 feet of a portion of the 10.00 foot utility easement more
particularly described as follows: Commencing at the Southeast Corner of
said Lot 3; thence Due North 145.00 feet to a point; thence Due West 1.50
feet to the Point of Beginning of the aforesaid partial vacation; thence Due
West 8.50 feet to a point; thence Due South 32.00 feet to a point; thence
Due east 8.50 feet to a point; thence Due North 32.00 feet back to the
Point of Beginning;
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 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,
SECTION 1. The following described utility easement, be, and the
same is hereby closed to the public use, to -wit:
The westerly 8.50 feet of a portion of the 10.00 foot utility easement
more particularly described as follows: Commencing at the Southeast Cor-
ner of said Lot 3; thence Due North 145.00 feet to a point; thence Due
West 1.50 feet to the Point of Beginning of the aforesaid partial vacation;
thence Due West 8.50 feet to a point; thence Due South 32.00 feet to a
point; thence Due east 8.50 feet to a point; thence Due North 32.00 feet
back to the Point of Beginning.
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 trans-
mission company facilities of service therein, nor shall a closing affect pri-
vate 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 20th day of October, 1998.
City of Owasso, Oklahoma
(Seal) /s/ DENISE BODE
Denise Bode, Mayor
ATTEST:
/s/ MARCIA BOUTWELL
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/ RONALD D. CATES
Ronald D. Cates, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: THERON WARLICK
CITY PLANNER
SUBJECT: ORDINANCE No. 594
DATE: October 13, 1998
BACKGROUND
At the September 15, 1998 meeting, the Owasso City Council approved a request to close a portion
of a utility easement located on Lot 3, Block 1, Owasso Commercial Center.
Attached is a copy of Ordinance No. 594 which formally adopts the City Council's action of
September 15, 1998
RECOMMENDATION
Staff recommends Council approval of Ordinance No. 594.
ATTACHMENTS
1. Ordinance No. 594,
2. Easement Closing Request Memorandum dated September 9, 1998,
3. Subject Map.
SUBJECT PROPERTY