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HomeMy WebLinkAbout594_Closing Utility Easement_Lot 3 Block 1_Owasso Commercial Center 59 316215 2 CITY OF OW ASSO ORDINANCE NO. 594 5 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT THREE (3), BLOCK ONE 1 , OW ASSO COMMERCIAL CENTER, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OW ASSO, 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 to it WHEREAS, the City of Owasso, Oklahoma, has deemed close to public use a portion of a certain 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 said utility easement WHEREAS 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 specia 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 is hereby be. and the same The following described utility easement closed to the public use, to-wit: 1 Section 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. 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 shan 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 2 in conflict herewith be, and the An ordinances or parts of ordinances same are hereby expressly repealed Section 3 ,\\~\l\l HII;BaCJ, ,,\ Tlj IIi! ,....,..", :p 4'Jl..1',fl ~ '~. t!...$ ~p ~ ~ ;.....~ ~ .:::: ~ . '. /';-:;, .....A f "'.-:. -L,......,. ::-l ..,. '$ ,~;;. "I> . O~ - r-. '"",~ -~. - ::z:.~ f . :c= ;;:::,): -:. ~'" .:; :<:: ~ 0 '" "';,;..... ~..<Il-' ~ '$ ..,- ""1 ~ ~ V ...... ~ t : 'f ~ / ~.~ ~ ....~.." ' ':;\:;s. ~~.".",<> f' "-:#1' ,/ I~a~~ \,,'\. #'.;.1 !.,. ",.... Ili!i \\\\' Hil\\ PASSED AND APPROVED this 20th day of October, 1998 City of Owasso, Oklahoma Denise Bode. Mayor <4" ~ TO FORM Owasso, Tulsa County, Oklahoma, Published in the Owasso Reporter, October 29, 1998. 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 particulariy 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 Be9innin9 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 Poinl of Beginnin9; 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, andlor Oklahoma Natural Gas Company, andlor Southwestern Bell Telephone Company, andlor 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, jf 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. OWASSO REPORTER STATE OF TULSA COUNTY, ss: Bill R. Rl of lawful age, being sworn and authorized, says that he is the publisher of the Owasso Reporter, a newspaper published in the City 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 and complies with all other requirements of the laws of Oklahoma with reference to legal a true copy of which is attached in the regular edition of said newspaper and time of and not in a ltes: 199----8- Subscribed and sworn to before me this Commission 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 Isl DENISE BODE Denise Bode, Mayor (Seal ATTEST: Isl MARCIA BOUTWELL Marcia Boutwell. City Clerk APPROVED AS TO FORM: Isl RONALD D. CATES Ronald D. Cates, City Attorney 11 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ORDINANCE No. 594 DATE: October 13, 1998 ••�i 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. 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