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Home My WebLink About597_Closing Utility Easement_lot 3 Block 1_Double Oaks III 99 09:21:59 838-0838 02 9 6171 335683 1 Y Ul-< UW A,S,SU ORDINANCE NO. 597 c AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT THREE (3), BLOCK ONE DOUBLE OAKS III ADDITION, 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 of is described as follows The west six (6) feet of the east sixty-five (65) feet of the north forty-three (43) feet the south sixty-three (63) feet of Lot Three (3), Block One (1), Double Oaks HI Addition, City of Owasso, Tulsa County, Oklahoma. 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 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 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: Section 1. The west six (6) feet of the east sixty-five (65) feet of the north forty- three (43) feet of the south sixty-three (63) feet of Lot Three (3), Block One (1), Double Oaks III Addition, City of Owasso, Tulsa County, Oklahoma 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 2 and the All ordinances or parts of ordinances in conflict herewith be same are hereby expressly repealed. Section 3. 1998 Chy9f Owass lloma . ~ ~ - - "'. Mayor this 15th day of December Denise Bod", AND APPROVED City Clerk ED A~RM City Attorney Tulsa County, Oklahoma, Published in the Owasso Reporter, Owasso, December 24, 1998- CITY OF OWASSO ORDINANCE NO. 597 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT THREE (3), BLOCK ONE (1), DOUBLE OAKS III 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 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 west six (6) feet of the east sixty.five (65) feet of the north forty- three (43) feet of the SOUtll sixty-three (63) feet of Lot Three (3), Block One (1), Double Oaks III Addition, City of Owasso, Tulsa County, Oklahoma. 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 ri9ht 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 the same is The west six (6) feet of the east sixty-five (65) feet of the north forty-three (43) feet of the south sixty-three (63) feet of Lot Three (3), Block One (1), Double Oaks III Addition, City of Owasso, Tulsa county, Oklahoma. 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 writin9 by the owners thereof. Section 2. OWASSO REPORTER STATE OF TULSA COUNTY, ss: Bill R. R, of lawful age, being sworn and says that he is the publisher of the Ow as so a weekly newspaper published in the of Owasso, Tulsa County, 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 thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal That said a true copy of which is attached hereto, was in the regular edition of said newspaper and time of publication and not in a supplement, on the following dates: 8 Subscribed and sworn to before me this day n .. vommlSSlOn - PUBLISHER'S FEE $ 112_.2Q be, and The following described utility easement hereby closed to the public use, to-wit: All ordinances or parts of ordinances In conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 15th day of December, 1998 City of Owasso, Oklahoma Isl Denise Bode Denise Bode, Mayor Section 3. ATTEST: /sl Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ Ronald D Cates Ronald D. Cates, City Attorney TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ORDINANCE NO. 597 DATE: December 9, 1998 At the November 17, 1998 meeting, the Owasso City Council approved a request to close a portion of a utility easement located on Lot 3, Block 1, Double Oaks III Addition. Attached is a copy of Ordinance No. 597 which formally adopts the City Council's action of November 17, 1997. 19 KILO) UV11310101M11 [�7►A Staff recommends Council approval of Ordinance No. 597. ATTACHMENTS: 1. Ordinance No. 597 2. Easement Closing Request Memorandum Dated October 29, 1998 3. Subject Map c MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: EASEMENT CLOSING TIM HAMILTON DATE: October 29, 1998 BACKGROUND The applicant requests to close a portion of a 15' utility easement located on Lot 3, Block 1, Double Oaks III, further described as 7913 N 128' E Ave. The applicant is the owner of a single - family house on the subject property and a portion of this structure was built on top of a City sewer main. The Owasso Technical Advisory Committee reviewed the request at the September 30, 1998 meeting. No utility companies had any objections to the request. Phil Lutz of Owasso Public Works noted that Mr. Hamilton, through his engineer Dennis Hodo, had submitted a plan for relocating the sewer around the house. The Owasso Planning Commission reviewed the request at the October 8, 1998 regular meeting. At that time the Planning Commission unanimously recommended approval subject to the following conditions: 1) That only the portion of the easement which lies underneath the house be closed, 2) And that the relocation be approved and constructed prior to forwarding the easement closing to Council for final approval. The applicant has since relocated the sewer line at his own expense according to the plan accepted by the Owasso Public Works staff. The applicant has also presented a legal description of the portion of the easement beneath the structure. No additional easements are needed. RECOMMENDATION Staff recommends the closing of the portion of the easement beneath the house on the subject property. ATTACHMENTS 1) Staff Report. o. 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