HomeMy WebLinkAbout595_Closing Utility Easement Lots 8 & 9 Block 5_Hale AcresTULSA COUNTY CLERK - JOAN HASTINGS RCPT 35683 02/09/99 09421042
DOC 0 99014942 FEE ® P S a B/P 6171510836 -0836
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:
m. The easterly 143.00 feet of the utility easement located five (5) feet on either side of
UO3 the common property line of Lots 8 and 9, Block 5, Dale Acres Addition;
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 Pell
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 CITE' 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 easterly 143.00 feet of the utility easement located five (5) feet on
either side of the common property line of Lots 8 and 9, Block 5, Hale
Acres Addition.
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.
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All ordinances or parts of ordinances in conflict herewith be, and the
same are hereby expressly repealed.
City/6f Owassq, Oklahoma
Denise Bode, Mayor
4
AZAH
PUBLIC
UTILITY EASEM5111
IN WITNESS WHEREOF, the said Grantor has executed this instrument, this 2,A day
of c—, � A-e-X , 1998.
Eel , L I 61- I
'Tines Properties, Inc.
an Oklahoma corporatior
David Vines, President
STATE OF OKLAHOMA
) ss
COUNTY OF TULSA
Given under my hand and seal of offible the day and year last above written.
r�A&-r)-Aryv,i
Notary PubliGj
My Commission Expires:
Q\23098
OWASSO REPORTER
STATE OF OKLAHOMA, TULSA 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 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 3973 and 3963 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:
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
November 12 & 19, 1998.
CI'T'Y OF OWASSO
ORDINANCE NO. 595
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOTS EIGHT (8) AND NINE (9),
BLOCK FIVE (5), HALE ACRES ADDITION, AN ADDITION TO THE CITY
OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAIN-
ING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE
RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALI-
TY, 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:
The easterly 143.00 feet of the utility easement located five (5) feet on
either side of the common property line of Lots 8 and 9, Block 5, Hale
Acres Addition:
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 TCI
Cable Television Company; and,
WHEREAS, the above holdefs 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:
The easterly 143.00 feet of the utility easement located five
(5) feet on either side of the common property line of Lots 8
and 9, Block 5, Hale Acres Addition.
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 probate
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 APPROVES this 3rd day of November, 1998
City of Owasso, Oklahoma
/s/ Denise Bode Mayor
Denise Bode, Mayor
ATTEST:
/s/ _Marcia BOUIWBII
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/ Ronald D Cates
Ronald D. Cates, City Attorney
W
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: THERON WARLICK
CITY PLANNER
SUBJECT: ORDINANCE No. 595
DATE: October 27, 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 Lots 8 and 9, Block 5, Hale Acres Addition. Council approved the
closing with the condition that the owner must provide any and all additional easements necessary
to allow maintenance access to the relocated sewer line.
The owner has since provided staff with a deed of dedication of new easements that will provide
adequate access to the relocated sewer line.
Attached is a copy of Ordinance No. 595 which formally adopts the City Council's action of
September 15, 1998.
RECOMMENDATION
Staff recommends Council approval of Ordinance No. 595.
ATTACHMENTS
1. Ordinance No. 595,
2. Deed of dedication for additional easement,
3. Easement Closing Request Memorandum dated September 9, 1998,
4. Subject Map.
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