HomeMy WebLinkAbout597_Closing Utility Easement_lot 3 Block 1_Double Oaks IIITULSA COUNTY CLERK - JOAN HASTINGS RCPT 335683 02/09/99 09:21:59
DOC # 99014944 FEE 8.00 PGS 1 B/P 6174/0838/0838
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
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 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.
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 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.
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. 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
Denise Bode, Mayor
ATTEST: Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
Affidavit Of Pubficatioll
OWASSO REPORTER
STATE OF OKLAHOMA, TULSA CO TT 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-
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
December 24,1998
paper qualified to publish legal notices, advertise-
CITY OF OWASSO
ments and publications as provided in Section 106 of
ORDINANCE NO. 597
Title 25, Oklahoma Statutes 1971 and 1983 as
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOT THREE
amended, and thereafter, and complies with all other
(3), BLOCK ONE
(1), DOUBLE OAKS III ADDITION, AN ADDITION TO THE CITY OF
OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
requirements of the laws of Oklahoma with reference
AND RETAINING
UNTO SAID CITY OF OWASSO, , THE ABSOLUTE
TO REOPEN SAME WITHOUT EXPENSEOKLAHOMATO THE MUNICIPALITY,RIGHT
to legal publications.
AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON -
FLICT HEREWITH.
That said notice, a true opy owhich is attached
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary
hereto, was published in the regular edition of said
and expedient to close to public use a Portion of a certain utility easement:
WHEREAS, said utility easement is described as follows:
newspaper during the period and time of publication
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 Lot Three
and not in a supplement, on the following dates:
of (3), Block One
(1), Double Oaks III Addition, City Of Owasso, Tulsa County, Oklahoma.
WHEREAS, pursuant to Title 11, Oklahoma Statutes, Section 42-110, the
only holders of a franchise or purported holders
December 24th 199 8
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 ease-
ment, if any.
Subscribed and sworn to before me this
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
day of pms
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 west six (6) feet of the east sixty-five (65) feet of the
Notary Public
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.
My Commission expires:
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
PUBLISHER'S FEE 11 2 2 0
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. 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
/s/ Deniae Bode
Denise Bode, mayor
ATTEST
/s/ Marcia Boutweil
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.
RECOMMENDATION:
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.
Easement Closing
Timmy Hamilton
Subject property