HomeMy WebLinkAbout609_Closing Utility Easement lot 5 block 6_Country Estates IITULSA COUNTY CLERK - JUAN HASTINGS RCPT 362333 06116199 14:00:10
DOC # 99072122 PEE 8.00 PGS 1 B/P 6230/0509 -0509
CITY OF OWASSO
ORDINANCE NO. 609
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY
EASEMENT LOCATED WITHIN LOT FIVE (5), BLOCK SIX (6), COUNTRY ESTATES
II, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF
CD OKLAHOMA, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE
cn 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 0.2 feet of the East 5.0 feet of Lot 5 Block 6 of Country Estates 11, an
addition to the City of Owasso, Tulsa County, Oklahoma, according to the plat thereof;
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 0.2 feet of the East 5.0 feet of Lot 5 Block 6 of Country
Estates II, an addition to the City of Owasso, Tulsa County, Oklahoma,
according to the plat thereof;
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 4th day of May, 1999.
OT'PICZAL kx Ci ty of Owasso Oklahoma
Markumker Mayor
City Clerk
AS
D. Cates, City Attorney
Affidavit of publication
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 1971 and 1933 as
amended, and 'thereafter, and complies with all other
requirements of the paws 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:
iay 13 t h
1999
Subscribed and sworn to before me this
day of
Notary Public
My Commission expires:
PUBLISHER'S
Published in the Owasso Reporter, Owasso, Tulsa County, Okla-
homa, May 13, 1999.
ORDINANCE NO. 609
CITY OF OWASSO, OKLAHOMA
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOT FIVE (5), BLOCK SIX (6),
COUNTRY ESTATES Il, 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 ease-
ment;
WHEREAS, said utility easement is described as follows:
The west 0.2 feet of the East 5.0 feet of Lot 5 Block 6 of Country
Estates Il, an addition to the City of Owasso, Tulsa County, Oklahoma,
according to the plat thereof;
WHEREAS, pursuant to Title II, Oklahoma Statutes, erection 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 ease-
ment are Public Service Company of Oklahoma, and /or Oklahoma Natu-
ral 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 1. The following described utility easement, be, and the same
is hereby closed to the public use, to -wit:
The west 0.2 feet of the East 5.0 feet of Lot 5 Block 6 of Country
Estates II, an addition to the City of Owasso, Tulsa County,
Oklahoma,according to the plat thereof;
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.
Section 3. All ordinances or parts of ordinances in conflict herewith be,
and the same are hereby expressly repealed.
PASSED AND APPROVED this 4th day of May, 1999.
CITY OF OWASSO, OKLAHOMA
/s/ Mark Wilken
Mark Wilken, Mayor
ATTEST:
/s/ Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/ Ronald D Cates
Ronald D. Cates, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: THERON WARLICK
CITY PLANNER
SUBJECT: ORDINANCE NO. 609
DATE: April 28, 1999
At the April 20, 1999 meeting, the Owasso City Council approved a request to close a portion of
a utility easement on Lot 5, Block 6, Country Estates II Addition. The subject property is
located at 11106 E 120' Street N.
Attached is a copy of Ordinance No. 609 which formally adopts the City Council's action of
April 20, 1999, thus closing the portion of the easement on the subject property.
Staff recommends Council approval of Ordinance No. 609.
ATTACHMENTS:
1. Ordinance No. 609,
2. Subject Map.
c
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: THERON WARLICK
CITY PLANNER
SUBJECT: EASEMENT CLOSING
HERITAGE CONSTRUCTION
DATE: April 14, 1999
BACKGROUND
The applicant requests the closing of a portion of a 5 foot utility easement along the east property
line of Lot 5, Block 6, Country Estates II. The subject property is located at 11106 E 1201, Street
N. A newly constructed home encroaches into the utility easement by a distance of 0.1 feet.
The Technical Advisory Committee reviewed the easement closing request at its March 23, 1999
meeting. No comments were offered regarding the request. The Planning Commission
recommended approval of the closing of the westernmost 0.2 feet of the easement at the April 13,
1999 regular meeting.
Staff recommends the closing of the westernmost 0.2 feet of the 5 foot utility easement along the
east property line of Lot 5, Block 6, Country Estates U.
ATTACHMENTS
1. Location Map,
2. Letter requesting closing of easement,
3. Diagram of the recommended portions of the easement to be closed.
03115/1999 18:18 9183715840 HERITAGE CONST CORP PAGE 02
P.O. Box 327
OWMO, OK 74055
March 15, 1999
City of Owasso
ATTN. Board of Adjustments
subJect- Requesting Variance on side yard at 11106 E. 120'^ St N. Lot 5 Bilk. 6 Country
Estates if.
Regrettably, it has come to our attention that the structure on the subject property above has
inadvertently encroached the building line on the east side yard by 0.1'. We currently have a contract
for sale for the property but cannot close until we resolve this encroachment, Heritage Construction
Corporation Is pleading with this board to reduce the variance on the side yard by
approximately 0.2' In order to sell the house. We have built over 50 homes In the City of Owasso
and have never encountered this problem. We have implemented procedures so this will not reoccur. If
we can be of further assistance, please contact us at 918- 371 -5130.
Sincerely,
Heritage Construction Corporation
Vice President
Enclosure (1)
SAS
PAYNE SURVEYING SERVICES
REGISTERED LAND SURVEYOR'S INSPECTION PLAT AND
CERTIFICATE FOR MOTGAGE LOAN PURPOSES