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HomeMy WebLinkAbout622_Closing Utility Easement Lot 19 Block 3_Central Park IITULSA COUNTY CLERK - JUAN HASTINGS RECPT #405935 11/19/99 14:23:38 DOC # 99135415 PGS 2 13/P 6296/0857 -0858 FEE 10.00 CITY OF OWASSO ORDINANCE NO. 622 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT 19, BLOCK 3 OF CENTRAL PARK II, 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; and WHEREAS, said portion of said utility easement is described as follows: A PORTION OF A 17.5 FOOT UTILITY EASEMENT, FURTHER DESCRIBED AS A strip of land in a part of Lot 19 in Block 3 of CENTRAL PARK 11, an Addition to the City of Owasso, Tulsa County, Oklahoma, said strip being more particularly described as follows: Commencing at the most northerly Comer of said Lot 19, Block 2; thence S 36°57'11" E along the Easterly line of said Lot 19, Block 3, a distance of 18'05 feet; then S 38°50'15" W a distance of 34.34 feet to the Point of Beginning; thence continuing S 38°50'15" W a distance of 22.90 feet; thence N 51°09'45" W a distance of 4.50 feet; thence N 38°50'15" E a distance of 22.90 feet; thence S 51°09'45" E a distance of 4.50 feet to the Point of Beginning; and 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 portion of utility easement, be, and the same is hereby closed to the public use, to -wit: A strip of land in a part of Lot 19 in Block 3 of CENTRAL PARK 11, an Addition to he City of Owasso, Tulsa County, Oklahoma, said strip being more particularly described as follows: Commencing at the most northerly Corner of said Lot 19 Block 2 thence S 36°57'11" E along the Easterly line of said Lot 19, Block 3, a distance of 18'05 feet; then S 38°50'15" W a distance of 34.34 feet to the Point of Beginning; thence continuing S 38°50'15" W a distance of 2190 feet; thence N 51°09'45" W a distance of 4.50 feet; thence N 38°50'15" E a distance of 22.90 feet; thence S 51°09'45" E a distance of 4.50 feet 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 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. AND APPROVED this 2nd day of November, 1999. OF AS TO FORM: Ronald D. Cates, Attorney City of Owasso, Oklahoma Mark Wilken, Mayor STATE OF OKLAHOMA, TULSA COUNTY, ss: Rill 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 1983 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: Notary public My Commission expires: PUBLISHERS FEE Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, November 11. 1999 CITY OF OWASSO ORDINANCE NO. 622 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT 19, BLOCK 3 OR CEN- TRAL PARK II, 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, and WHEREAS, said portion of said utility easement is described as fol- lows: A PORTION OF A 17.5 FOOT UTILITY EASEMENT, FURTHER DESCRIBED AS A strip of land in a part of Lot 19 in Block 3 of CENTRAL PARK 11, an Addition to the City of Owasso, Tulsa County, Oklahoma, said strip being more particularly described as follows: Commencing at the most northerly Corner of said Lot 19, Block 2; thence S36 057'11 "E along the Easterly line of said Lot 19, Block 3, a distance of 18'05 feet; then S38 °50'15 "W a distance of 34.34 feet to the Point of Beginning; thence continuing S38 °50'15 "W a distance of 22.90 feet; thence N51 °09'45 "W a distance of 4.50 feet; thence N38 °50'15 "E a distance of 22.90 feet; thence S51 °09'45 "E a distance of 4.50 feet to the Point of Beginning; and 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 ease- ment 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 portion of utility easement, be, and the same is hereby closed to the public use, to -wit: A strip of land in a part of Lot 19 in Block 3 of CENTRAL PARK II, an Addition to the City of Owasso, Tulsa County, Oklahoma, said strip being more particularly described as follows: Commencing at the most northerly Corner of said Lot 19, Block 2; thence S36 °57'11 "E along the Easterly line of said Lot 19, Block 3, a distance of 18'05 feet; thence S38 °50'15 "W a distance of 34.34 feet to the Point of Beginning; thence continuing S38 °50'15 "W a distance of 22.90 feet; thence N 51'09'45"W a distance of 4.50 feet; thence N38 °50'15 "E a distance of 22.90 feet; thence S51 °09'45 "E a distance of 4.50 feet 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 transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writ- ing 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 2nd day of November, 1999. ATTEST: /s/ Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s /Ronald D. Cates Ronald D. Cates, City Attorney City of Owasso, Oklahoma /s/ Mark Wilken Mark Wilken, Mayor MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ORDINANCE NO. 622 DATE: October 25, 1999 BACKGROUND: At the October 19, 1999 meeting, the Owasso City Council approved a request to close,a portion of a utility easement located on Lot 19, Block 3 of Central Park II addition. Attached is a copy of Ordinance No. 622 which formally adopts the City Council's action of October 19, 1999. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 622. ATTACHMENTS: 1. Ordinance No. 622