HomeMy WebLinkAbout594_Closing Utility Easement_Lot 3 Block 1_Owasso Commercial Center
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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
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PASSED AND APPROVED this 20th day of October, 1998
City of Owasso, Oklahoma
Denise Bode. Mayor
<4"
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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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