HomeMy WebLinkAbout624_Amended_Closing Easement Lot 34 & 35 Block 7_Ator Heights FourthReceipt 02050797 5 1 BAP 4:52/0157 -0157
578085 04/17/02 14:52:28
13.00 000578085002
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 624, AMENDED
AN ORDINANCE PROVIDING AMENDMENT TO ORDINANCE NO. 624 TO
CORRECT A SCRIVENER'S ERROR WITHIN A LEGAL DESCRIPTION OF A
PREVIOUSLY CLOSED UTILITY EASEMENT AS RECORDED IN THE OFFICE OF
THE TULSA COUNTY CLERK IN BOOK 6296, PAGE 0861 -0862, DIRECTING THE
FILING OF THIS ORDINANCE.
WHEREAS, Subsection (1) Ordinance No. 624 contained a scrivener's error in the in the
described land included within the utility easement to be closed and Ordinance No. 624 Amended
provides the correct legal description, and
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to
correct this scrivener's error, and
WHEREAS, the described land within Subsection (1) is correctly described as follows:
(1) A 20.00 FOOT WIDE STRIP OF LAND ON LOTS 34 AND 35, BLOCK 7,
ATOR HEIGHTS FOURTH ADDITION, WHOSE CENTERLINE IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 34, THENCE
WEST A DISTANCE OF 212.18 FEET TO THE POINT OF BEGINNING;
THENCE N23°12'52 "E A DISTANCE OF 16.31 FEET; THENCE N59°59'08 "E A
DISTANCE OF 98.21 FEET.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA,
Section 1. That subsection (1) of Ordinance 624 be, and the same, is amended to provide as
follows, to -wit:
A 20.00 FOOT WIDE STRIP OF LAND ON LOTS 34 AND 35, BLOCK 7, ATOR
HEIGHTS FOURTH ADDITION, WHOSE CENTERLINE IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 34, THENCE WEST
A DISTANCE OF 212.18 FEET TO THE POINT OF BEGINNING; THENCE
N23°12152 11E A DISTANCE OF 16.31 FEET; THENCE N59°59'08 "E A DISTANCE OF
98.21 FEET.
Section 2. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance, together with an accurate map of the territory hereby
annexed.
PA APPROVED this 19th day of February, 2002.
City of Owasso
Mary Ibu BamhouMayor
ATTEST
AS TO FORM:
D. Cates, City Attorney
OkLAHOMA
Affidavit Of Publication
OWASSO REPORTER
STATE OF OKLAHOMA, TULSA COUNTY, .9s:
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 1953 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:
Subscribed and sworn to before me this 1st
Tulsounty
My Commission expires: COMMISSIO
PUBLISHER'S FEE$ 102.85
Published in the Owasso
Reporter Owasso, Tulsa
County, Oklahoma, February
28, 2002.
CITY OF OWASSO,
OKLAHOMA
ORDINANCE NO. 624,
AMENDED
AN ORDINANCE PRO-
VIDING AMENDMENT TO
ORDINANCE NO. 624 To
CORRECT A SCRIVEN-
ER'S ERROR WITHIN A
LEGAL DESCRIPTION
OF A PREVIOUSLY
CLOSED UTILITY EASE -
MENT AS RECORDED IN
THE OFFICE OF THE
TULSA COUNTY CLERK
IN BOOK 6296, PAGE
0861 -0862, DIRECTING
THE FILING OF THIS
ORDINANCE.
WHEREAS, Subsection (1)
Ordinance No. 624 a Scriven.
er's error in the in the described
land included within the utility
easement to be closed and
Ordinance No. 624 Amended
Provides the correct legal
description, and
WHEREAS, the City of Owas-
so. Oklahoma, has deemed it
necessary and expedient to
correct this scrivener's error,
and
WHEREAS, the described land
within Subsection (1) is correct.
ly described as follows:
(1) A 20.00 FOOT WIDE
STRIP OF LAND ON
LOTS 34 AND 35, BLOCK
7, ATOR HEIGHTS
FOURTH ADDITION,
WHOSE CENTERLINE IS
MORE PARTICULARLY
DESCRIBED AS FOL-
LOWS:
COMMENCING AT THE
SOUTHEAST CORNER
OF SAID LOT 34,
THENCE WEST A DIS.
TANCE OF 212.18 FEET
TO THE POINT OF
BEGINNING; THENCE
N23 °12'52 "E A DIS.
TANCE OF 16.31 FEET;
THENCE 1,159 °59'08 "E A
DISTANCE OF 98.21
FEET.
NOW, THEREFORE, BE IT
ORDAINED BY THE COUNCIL
OF THE CITY OF OWASSO.
OKLAHOMA,
Section l That subsection (1)
of Ordinance 624 be, and the
same, is amended to provide
as follows, to -wit:
A 20.00 FOOT WIDE
STRIP OF LAND ON
LOTS 34 AND 35, BLOCK
7, ATOP HEIGHTS
FOURTH ADDITION,
WHOSE CENTERLINE IS
MORE PARTICULARLY
DESCRIBED AS FOL.
LOWS:
COMMENCING AT THE
SOUTHEAST CORNER
OF SAID LOT 34,
THENCE WEST A DIS.
TANCE OF 212.18 FEET
TO THE POINT OF
BEGINNING; THENCE
N23 °12'52 "E A DIS-
TANCE OF 16.31 FEET;
THENCE N59- 59'08"E A
DISTANCE OF 98.21
FEET.
. don 2 That there be filed in
the office of the County Clerk of
Tulsa Gounty Oklahoma, a true
and correct copy of this Onck
nance, together with an accu-
rate map of the territory hereby
annexed.
PASSED AND APPROVED this
19th day of February, 2002.
City of Owasso
Mary Lou Barnhouse,usa, Mayor
(SEAL)
ATTEST:
/s/ Marta Boutweil
Marcia Bcutwell, City Clark
APPROVED AS TO FORM:
Is/ Ronald D Cates
Ronald D. Cates, City Attorney
MEMORANDUM
TO: HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: DONNA SORRELLS
CITY PLANNER
SUBJECT: ORDINANCE NO. 624, AMENDED
SCRIVENER'S ERROR CORRECTIONS
DATE: February 12, 2002
BACKGROUND
Ordinance No. 624 was passed and approved by the Owasso City Council on November 16, 1999,
and filed of record in the office of the Tulsa County Clerk as Book 6296, Page 0861 on November
19, 1999.
The subject partial easement closing was required due to the construction of a semi- detached garage
over the existing easement and the sanitary sewer line within. The property owner relocated the
existing sewer line from under the structure. The subsequent easement closing was approved on
November 16, 1999, subject to the dedication of new easement to accommodate the relocated sewer
line. Staff has determined that a new easement was dedicated and recorded on March 21, 2000, in
the office of the Tulsa County Clerk as Book 6341, Page 0414. A copy of the recorded easement is
attached for your review.
Staff has received a request from the office of Mr. Robert Parker, attorney for the owner, requesting
noted scrivener's errors be corrected to allow for the proper vacation of a portion of the recorded
utility easement through district court, permanently foreclosing the right of any utility provider to
reopen the easement in the future.
RECOMMENDATIONS
Staff recommends approval of Ordinance No. 624, Amended, correcting scrivener's errors within
the legal description contained in Ordinance No. 624.
ATTACHMENTS
1. Location Map
2. Sanitary Sewer Easement (Book 6341, Page 0414)
3. Ordinance No. 624, Amended
Tulsa County Clerk - JOAN HASTINGS
0028274 PGS 1
Receipt # 429529 3/21/00
Fee 8.00
City of Owasso, Oklahoma
207 South Cedar
Owasso, Oklahoma 74055
SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned David E and Sherrie A Carr, the OWNERS of the legan and equitable to the
following described real estate situated in Tulsa County, State of Oklahoma, for and in consideration of the sum of
One dollar ($1.00) cash in hand paid by the CITY OF OWASSO, Oklahoma, and after good and valuable
consideration receipt of which are hereby acknowledged do hereby grand and convey unto the CITY OF
OWASSO, Oklahoma, a prepeutual easement through, over, under and across the following property siutated
in said County, to-wit:
A strip piece or parcel of land Twenty (20) feet in width, situated in lot Thirty-Four (34), Block
Seven (7), ATOR HEIGHTS FOURTH ADDITION, an addition to the City of Owasso, Tulsa
County, Oklahoma, said strip being 10.00 feet either side of the following described
from a oint on the north line of lot 33, block 7, said piece being 232.22 feet
of the northwest corner of said lot 33 to the "Point of beginning", Thence n 12°24'07" E a
distance of 78.16 feet to the point of beginning.
for the purose of the said CITY OF OWASSO, Oklahoma to construce a sanitary sewer thereof through
under, and across said property, together with all necessary and
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 624, AMENDED
AN ORDINANCE PROVIDING AMENDMENT TO ORDINANCE NO. 624 TO
CORRECT A SCRIVENER'S ERROR WITHIN A LEGAL DESCRIPTION OF A
PREVIOUSLY CLOSED UTILITY EASEMENT AS RECORDED IN THE OFFICE OF
THE TULSA COUNTY CLERK IN BOOK 6296, PAGE 0861 -0862, DIRECTING THE
FILING OF THIS ORDINANCE.
WHEREAS, Subsection (1) Ordinance No. 624 contained a scrivener's error in the in the
described land included within the utility easement to be closed and Ordinance No. 624 Amended
provides the correct legal description, and
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to
correct this scrivener's error, and
WHEREAS, the described land within Subsection (1) is correctly described as follows:
(1) A 20.00 FOOT WIDE STRIP OF LAND ON LOTS 34 AND 35, BLOCK 7,
ATOR HEIGHTS FOURTH ADDITION, WHOSE CENTERLINE IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 34, THENCE
WEST A DISTANCE OF 212.18 FEET TO THE POINT OF BEGINNING;
THENCE N23 012'52 "E A DISTANCE OF 16.31 FEET; THENCE N59 059'08 "E A
DISTANCE OF 98.21 FEET,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA,
Section 1. That subsection (1) of Ordinance 624 be, and the same, is amended to provide as
follows, to -wit:
A 20.00 FOOT WIDE STRIP OF LAND ON LOTS 34 AND 35, BLOCK 7, ATOR
HEIGHTS FOURTH ADDITION, WHOSE CENTERLINE IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 34, THENCE WEST
A DISTANCE OF 212.18 FEET TO THE POINT OF BEGINNING; THENCE
N23 °12152 11E A DISTANCE OF 16.31 FEET; THENCE N59 °59'08 11E A DISTANCE OF
98.21 FEET.
Section 2. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma,
a true and correct copy of this Ordinance, together with an accurate map of the territory hereby
annexed.
PASSED AND APPROVED this 19" day of February, 2002.
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney.
City of Owasso
Mary Lou Barnhouse, Mayor
TULSA COUNTY CLERK - JOAN HASTINGS RECPT #405935 11/19/99 14:23:38
DOC 0 99135417 PGS 2 S/P 629610861 -0862 FEE 10.00
CITY OF OWASSO
ORDINANCE NO. 624
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY
EASEMENT LOCATED WITHIN LOTS 34 & 35, BLOCK 7 OF ATOR HEIGHTS FOURTH,
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 20.00 foot wide strip of land on Lots 34 & 35, Block 7, Ator Heights Addition, whose
centerline is more particularly described as follows:
Commencing at the SE Commencing at the SE Corner of Lot 34, thence West a
distance of 212.18 feet to the point of beginning; Thence N 23B12'52" E a distance
of 16.31 feet; Thence N 59B59'08" E a distance of 98.21 feet.
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
Section 3. All ordinances or parts of ordinances in conflict herewith be, and the same
are hereby expressly repealed.
PASSED AND APPROVED this 16'b day of November, 1999.
hereby closed to the public use, to -wit:
A 20.00 foot wide strip of land on Lots 34 & 35, Block 7, Ator Heights
Addition, whose centerline is more particularly described as follows:
Commencing t the SE Commencing at the SE Corner of Lot 34,
thence West a distance of 212.18 feet to the point of beginning;
Thence N 23B12'52" E a distance of 16.31 feet; Thence N
59B59'08" E a distance of 98.21 feet.
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 16'b day of November, 1999.
AS TO FORM:
Ronald D. Cates, City Attorney
City of Owasso, Oklahoma
Mark Wilken, Mayor
Affidavit Of Publication
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 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:
November 25th 199 9
sixe e
Subscribed and sworn to before me this
day of ,1799
Notary Public
My Commission expires:
PUBLISHER'S FEE
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
November 25, 1999
CITY OF OWASSO
ORDINANCE NO. 624
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOTS 34 & 35, BLOCK 7 OF
ATOR HEIGHTS FOURTH, AN ADDITION TO THE CITY OF OWAS-
SO. TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING
UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE
RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICI-
PALITY. AND REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES 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 20.00 foot wide strip of land on Lots 34 & 35, Block 7, Afar Heights
Addition, whose borderline Is more particularly described as follows:
Commencing at tide BE Commencing at the BE Corner of Lot 34,
thence West a distance of 212.18 feet to the point of beginning;
Thence N23Bi2'52 "E a distance of 16.31 feel; Thence 1,159859'080E a
distance of 98.21 feet.
WHEREAS, pursuant to The 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 easy
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, N 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 20.00 fool wide strip of land on Iota 34 & 35, Block 7, Alor Heights
Addition, who's conlerline is more particularly described as follows:
Commencing at the BE Commencing at the Se Corner of Lot 34,
thence West a distance of 212.18 feet to the point of beginning;
Thence N23BlZ52-E a distance of 16.31 feet; Thence 1459859'08 "E a
distance of 98.21 feet.
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 net 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 wdt-
Ing "a owners thereof.
Section 3. All ordinances or pads of ordinances in conflict herewith be,
and the same are hereby expressly repeated.
PASSED AND APPROVED this 16th day of November, 1999
(SEAL)
ATTEST:
/a/ Marcia Boulwall
Marcia Boutwell, City Clark
APPROVED AS TO FORM:
/a47onald D. Cafes
Ronald O. Cates, City Attorney
City of Owasso, Oklahoma
/sLMark Wilken
Mark Wilken, Mayor
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: THERON WARLICK
CITY PLANNER
SUBJECT: EASEMENT CLOSING/DEDICATION OF ADDITIONAL EASEMENT
EDSOKOLOSKY
DATE: November 11, 1999
BACKGROUND
The City of Owasso has received a request to close a portion of a utility easement and dedicate
additional easement on property described as Lots 34 & 35, Block 7 Ator Heights Fourth
Addition. A recent survey of the property revealed that a portion of a semi- detached garage was
located on an existing sewer line and sewer easement. The applicant has since relocated the
sewer line.
The applicant requests the closing of that portion of the sewer easement on which the garage
resides. Additionally, the applicant proposes to dedicate additional easement to protect the
relocated sewer line.
La-0193"I T 130 13.1"Towl
Staff recommends approval of the easement closing and acceptance of the dedication of additional
easement.
ATTACHMENTS
1. Letter requesting easement closing / offering additional easement,
2. Drawing of relocated sewer line,
3. Legal description of existing and proposed easement,
4. Ordinance 624,
5. Sewer Easement.
H:\theron—warlick\Owasso\Council\NMMORANDUM to Council on Doc EC.doc
Noble Sokolosky
ATTORNEY AND COUNSELOR AT LAW
POST OFFICE BOX 1013
CORNERSTONE CENTER
12340 EAST 86TH STREET NORTH
OWASSO, OKLAHOMA 74055
(918) 272 -0270 FAX (918) 272 -0199
November 11, 1999
Mr. Theron Warlick
City Planner
Owasso City Hall
207 South Cedar
Owasso, OK 74055
Re: Lots Thirty -four (34) and Thirty -five (35), Block Seven (7) Ator Heights Fourth
Addition
Dear Mr. Warlick:
Enclosed is an illustrative drawing by DLH Engineering relating to the construction of the
new sewer line on the referenced lot. The legal description for the portion of the existing
easement which needs to be closed is described on page 2 under the heading "Existing Easement ".
We shall obtain an easement and dedication from David E. Carr and Sherrie A. Carr, the new
owners, covering the proposed new alignment, which is described under the heading "Proposed
Easement ".
Please place on the agenda an item to close that portion of the existing sewer easement and
accept the dedication of the new alignment.
Thank you for your cooperation in this matter.
Very truly yours,
Noble Sokol0
NS /skb
12999.A.
ATOR HEIGHTS ADDITION
LOTS 34 & 35
SEWER LINE EASEMENT
EXISTING EASEMENT
CENTERLINE
COMMENCING AT THE SE COR. OF LOT 34, THENCE,
WEST A DISTANCE OF 212.18' TO THE P.O.B.;
THENCE N 23°12'52"E A DISTANCE OF 16.31';
THENCE N 59°59'08"E A DISTANCE OF =98.21'
PROPOSED EASEMENT
CENTERLINE
COMMENCING AT THE SE COR. OF LOT 34 THENCE
WEST A DISTANCE OF 212.18' TO THE P.O.B.;
THENCE 23°12'52"E A DISTANCE OF 3.26';
THENCE EAST A DISTANCE OF 90.18'; THENCE
NORTH A DISTAANCE OF 61.11' TO A POINT
OF INTERSECT WITH THE EXISTING UTILITY
EASEMENT CENTERLINE AS DESCRIBED ABOVE.
City of Owasso, Oklahoma
207 South Cedar
Owasso, Oklahoma 74055
SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, David E. and Sherrie A. Carr, the OWNERS of the legal and
equitable title to the following described real estate situated in Tulsa County, State of Oklahoma,
for and in consideration' of the sum of One Dollar ($1.00) cash in hand paid by the CITY OF
OWASSO, Oklahoma, and other good and valuable considerations, receipt of which are hereby
acknowledged, do hereby grant and convey unto the said CITY OF OWASSO, Oklahoma, a
perpetual easement through, over, under and across the following described property situated in
said County, to -wit:
A 6.52 foot wide strip of land on Lots 34 & 35, Block 7, Ater Heights Addition,
whose centerline is more particularly described as follows:
Commencing at the SE Comer of Lot 34, thence West a distance of 212.18 feet to
the point of beginning; Thence N 23B12'52" E a distance of 3.26 feet; Thence East
a distance of 90.18 feet; and
A 20.00 foot wide strip of land on Lots 34 & 35, Block 7, Ater Heights Addition,
whose centerline is more particularly described as follows:
Commencing at the SE Comer of Lot 34, thence West a distance of 212.18 feet;
Thence N 231312'52" E a distance of 3.26 feet; Thence East a distance of 90.18 feet
to a point of beginning; thence north a Distance of 61.11 feet to a point of intersect
with the centerline of an existing utility easement more particularly described as
follows:
Commencing at the SE Commencing at the SE Comer of Lot 34, thence West a
distance of 212.18 feet to the point of beginning; Thence N 23B12'52" E a distance
of 16.31 feet; Thence N 59B59'08" E a distance of 98.21 feet.
for the purpose of permitting the said CITY OF OWASSO, Oklahoma, to construct a sanitary
sewer thereon, through, under, and across said property, together with all necessary and convenient
appurtenances thereto; and to maintain the same and of affording the CITY OF OWASSO,
Oklahoma, its officers, agents, employees, and all persons under contract with it, the right to enter
upon said premises and strip of land for the purpose of surveying, excavating for, laying,
constructing, operating, repairing, relaying, and maintaining said sanitary sewer, and for the further
purpose of enabling the said CITY OF OWASSO, Oklahoma, to do any and all convenient things
incident to such construction, operation, repairing and maintaining of such sanitary sewer.
TO HAVE AND TO HOLD such easement and right -of -way unto the CITY OF OWASSO,
Oklahoma, its successors or assigns, forever.
DATED this day of '1999.
David E. Carr, Grantor
Sherrie A. Carr, Grantor
ACKNOWLEDGMENT
STATE OF OKLAHOMA )
) ss
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public in and for Tulsa County, State of Oklahoma,
personally appeared David E. and Sherrie A. Carr, personally known to me to be such,
acknowledged that they executed the above and foregoing document freely and voluntarily and for
the uses and purposes therein stated.
(SEAL)
My Commission Expires:
Accepted by the CITY OF OWASSO, Oklahoma, this _ day of ,1999.
ATTEST:
Marcia Boutwell, City Clerk
(SEAL)
Public
CITY OF OWASSO, OKLAHOMA
Mark Wilken, Mayor