HomeMy WebLinkAbout664_Closing Portion of Easement Lot 20 Block 5_El Rio Vista IIDoc# 00134275 Pgs 1 BAP 6455/2567 -2567
Receipt # 484335 12/27/00 12:08:33
Fee 8.00
A000484335008m
ORDINANCE NO. 664
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILTIY
EASEMENT LOCATED WITHIN LOT TWENTY (20), BLOCK FIVE (5), EL RIO
VISTA H, 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 east eight feet (8') of the west seventeen and one half feet (17.5') of the south seventy feet
(70') of Lot Twenty (20), Block Five (5), El Rio Vista II Addition, City of Owasso, Tulsa
County, Oklahoma.
WHEREAS, pursuant to Title H, 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 Cox
Communication; 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 CITY 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 EAST EIGHT FEET (8') OF THE WEST SEVENTEEN AND ONE HALF FEET
(17.5') OF THE SOUTH SEVENTY FEET (70') OF LOT TWENTY (20), BLOCK
FIVE (5), EL RIO VISTA H 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. That all ordinances or parts of ordinances in conflict herewith be, and the same, are
hereby expressly repealed.
AND APPROVED this 5th day of December, 2000.
O FFICIAL
SEAL
Marcia Boutwell, City Clerk
AS TO FORM
D. Cates, City Attorney
City of Owasso, Oklahoma
H. C. Williams, Mayor
Subscribed and sworn to before rne this
day of
Notary Public Oklahoma
SEAL
K. PURDOM
Tulsa County
My Commission expires:
Published in the Owasso
Reporter, Owasso, Tulsa
County, Oklahoma, December
14, 2000.
CITY OF OWASSO
ORDINANCE NO. 664
AN ORDINANCE CLOSING TO
THE PUBLIC USE A PORTION
OF A UTILITY EASEMENT
LOCATED WITHIN LOT TWEN-
TY (20), BLOCK FIVE (5), EL
RIO VISTA 11, AN ADDITION TO
THE CITY OF OWASSO, TUL-
SA COUNTY, STATE OF OKLA-
HOMA, AND RETAINING UNTO
SAID CITY OF OWASSO,
OKLAHOMA, THE ABSOLUTE
RIGHT TO REOPEN SAME
WITHOUT EXPENSE TO THE
MUNICIPALITY, AND REPEAL-
ING ALL ORDINANCES OR
PARTS OF ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, the City of Owasso,
Oklahoma, has deemed it neces-
sary and expedient to close to
public use a portion of a certain
utility easement;
WHEREAS, said utility easement
is described as follows:
The east eight feet (8') of
the west seventeen and
one half feet (17.5') of
the south seventy feet
(70') of Lot Twenty (20),
Block Five (5), El Rio
Vista 11 Addition, City of
Owasso, Tulsa County,
Oklahoma.
WHEREAS, pursuant to Title 11,
Oklahoma Statues, Section 42-
110, the only holders of a fran-
chise 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 Okla-
homa, and/or Oklahoma Natural
Gas Company, and/or South-
western Bell Telephone Compa-
ny, and/or Cox Communication;
and,
WHEREAS, 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 clo-
sure of said easement, if any.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
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 EAST EIGHT FEET
(8') OF THE WEST SEV-
ENTEEN AND ONE
HALF FEET (17.5') OF
THE SOUTH SEVENTY
FEET (70') OF LOT
TWENTY (20), BLOCK
FIVE (5), EL RIO VISTA If
ADDITION, CITY OF
OWASSO, TULSA
COUNTY, OKLAHOMA.
Section 2. The municipality shall
retain the absolute right to
reopen the public way or ease-
ment without expense to the
municipality. Closing of the pub-
lic way or easement shall not
affect the right the right to main-
tain, repair, reconstruct, operate
or remove utility, public service
corporation, or transmission com-
pany facilities of service therein,
nor shall a closing affect private
ways existing by operation of law
unless released in writing by
owners thereof.
Section 3. That all ordinances or
parts of ordinances in conflict
herewith be, and the same, are
hereby expressly repealed.
PASSED AND APPROVED this
5th day of December, 2000.
City of Owasso, Oklahoma
H.Q. Williams
H.C. Williams, Mayor
SEAL
ATTEST
Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM
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. 664
EASEMENT CLOSURE
(Ward One)
DATE: November 29, 2000
BACKGROUND
At the November 21, 2000 regular meeting the City Council unanimously approved a request for
the closing of a portion of a utility easement located within Lot 20, Block 5, El Rio Vista 11.
Ordinance No. 664 would formally adopt the action taken by the City Council at the November 21,
2000 meeting.
RECOMMENDATIONS
Staff recommends approval of Ordinance No. 664.
ATTACHMENTS
1. Location Map
2. Ordinance No. 664
MEMORANDUM
TO: HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: DONNA SORRELLS
CITY PLANNER
SUBJECT: EASEMENT CLOSURE
LOT 209 BLOCK 5, EL RIO VISTA II
DATE: November 15, 2000
BACKGROUND
Homes Unlimited, Inc. is requesting review of a proposed closing of a portion of an existing
utility easement within El Rio Vista II located north of E. 90b Street N. and west of N. Garnett
Road at 10809 E. 96th Place N. The property is described as Lot 20, Block 5, El Rio Vista 11. A
location map is attached for your information and review.
The background on similar requests on this particular property is extensive. A previous request
for a partial closure of this easement was approved by the Planning Commission in September,
1983, and was subsequently denied three times by the City Council.
The residence, built in 1983, on the subject property was constructed over a 17.5' utility
easement along the west property line. Homes Unlimited has requested a partial closure of the
utility easement.
The Technical Advisory Committee reviewed the request at the November 1, 2000 regular
meeting. Both ONG and Owasso Public Works recorded objections to the closure. Both ONG
and Public Works agreed to have their respective utilities field located and submit written
objection or approval afterward. Staff also requested PSO submit, in writing, their approval or
objection after field verification. On November 3, 2000 ONG submitted a letter stating a
continued objection to the easement closure, but reversed that objection in a subsequent letter
received by staff on November 9. PSO submitted a letter stating no objection to the easement
closure as no electric mains are located within the easement. Public Works field located the
existing sewer main inside the easement and on November 10, submitted a memo stating no
objection. Southwestern Bell stated they had "no comment" regarding the easement closure
request. Copies of the responses from the various utility providers are attached for your
information and review.
There are discrepancies between where utilities within the easement were thought to be located
in 1983, and what has been field verified by the various utility providers recently. It is staff's
opinion the current positions are more accurate, since field locations can be verified.
The Owasso Planning Commission reviewed the request at the November 14, 2000 regular
meeting and unanimously recommended approval.
RECOMMENDATIONS
Staff recommends approval of the closing of the east 8' of the west 17.5' of the south 70' of Lot
20, Block 5, El Rio Vista II.
ATTACHMENTS
1. Location Map
2. Letter of Request
3. Legal Description
4. Inspection Plat
5. Utility Provider Cornments
September 21, 2000
Donna Sorrells
Community Development
City Planner
City of Owasso
207 S cedar
Owasso, OK 74055
RE: Easement Closure
Lot 20 Block 5 El Rio Vista II
Dear Ms. Sorrells:
Homes Unlimited, Inc. would like to request the City of Owasso to commence the
proceedings for the partial closure of one certain easement located on propery currently
owned by Gary and Lisa Gaylord. They recently purchased the property from Smiley L
Freeman. The reason for this request is the house encroaches on the easement. ONG,
PSO and the City of Owasso have already checked their lines and none are beneath the
structure or in the portion we are asking to be closed.
I am including for your review:
1) a copy of the survey showing the easement & encroachment
2) a coy of letter from Payne Surveying showing Legal description
3) a check for $25.00 for process
I can be reached at 272 -0770 if you have any further questions or needs.
Judy Z chary
SEP -20 -2000 21:36 FIRSTITLE & ABSTRACT 1 918 274 9876 P.01i01
PA YNE SURVEYING SERVICE, P.C.
1216 W. Will Rogers Blvd -
Phone (918) 341 -0617
September 20, 2000
Kim
First Title & Abstract
8503 N. 129" East Ave.
Owasso, OK 74065
RE: Gary & Use Gaylord
10809 East 96'" Place North
Owasso, OK 74055
File NOW0O -945
Claremore, OK 74017
Fax (918) 341 -497 I
AREA OF 17.5 FOOT UTILITY EASEMENT TO BE VACATED
LEGAL DESCRIPTION
The East 8.0 feet of the West 17.5 fleet of the South 70.0 feet of Lot 20 In
Block 5 of EL RIO VISTA Ii, Tulsa County, Oklahoma, State of Oklahoma,
according to the recorded Plat 04273.
TOTAL P.01
CUSTOMER: PAYNE SURVEYING SERVICES
FirsTitle & Abstract Services, Inc.;
Commonwealth Land Title Ins. Co.; CLAREMORE, OKLAHOMA (919) 341 -0617
Bank of Oklahoma, N.A. KJYNORTH
BORROWER: REGISTERED LAND SURVEYOR'S INSPECTION PLAT AND SCALE 1 " =20'
Gary Lisa M Gaylord &
CERTIFICATE FOR MORTGAGE LOAN PURPOSES
(File #bW00 -945) THIS PROPERTY IS LOCATED IN ZONE X (UNSHADED) PER
SELLER: FLOOD INSURANCE RATE MAP, # 400210 - 023614, REVISED
SEPTEMBER 22, 1999.
Smiley L.' Freeman, Trustee
NOTE: SUBJECT DWEWNG IS ENCROACH
UPON 17.5' UTKRY EASEMENT AS SHOW
ON DRAWING.
CERTIFICATE
FirsTille & Abstract Services, Inc.;
Commonwealth Land Title Ins. Co.;
This plat is made for and at the request of Bank of Oklahoma, N,A, -- for mortgage loan purposes only covering
property described as:
Lot Twenty (20), Block Five (5), EL RIO VISTA II, Tulsa County, State of Oklahoma, according
to the recorded Plat No. 4273.
10809 East 961h Place North Owasso, Oklahoma 74055
1 hereby certify that the above inspection plat shows the improvements as located on the premises described, that
they are entirely within the described tract boundaries, and that there are no encroachments thereon except as
indicated; that the above plat shows all recorded plat easements and other such easements as have been disclosed
and furnished on behalf of lender; that this plat was prepared for identification purposes only for th ogee and is
not a land or property line survey; that no property corners were set, and it is not to be u
the establishment of fence, building or other improvement lines. No responsibility is assu �' r upeb f to
the present or future land owner or occupant.
WITNESS my hand and seal this 30th day of August -- 2000.
Revised 9 -7 -00 for Titlework.
GM - GAYLORD RANbA A R. P
CA 68 (LS)
MEMORANDUM
TO: DONNA SORRELLS
CITY PLANNER
THRU: F. ROBERT CARR, JR., P.E. r -
DIRECTOR OF PUBLIC WORKS
FROM: PHIL LUTZ, P.E PAL
ENGINEERING PROJECT MANAGER
SUBJECT: EASEMENT CLOSURE REQUEST
LOT 20, BLOCK 5, EL RIO VISTA
DATE: November 7, 2000
The attached surveyed plat shows the location of the sanitary main at the west lot
perimeter. The distance from the west edge of the house to the main is about 8 feet
which is sufficient space for any maintenance required on the main. However, closing
the east 8 feet of the existing 17.5 -foot easement would leave only 9.5 feet for City and
other private utilities.
The sanitary main centerline is approximately 1.7 feet from the property line which (if
the closure be approved) would leave less than 7.5 feet for location and maintenance of
other utilities. Other agencies may have restrictive clearances for other utilities in
proximity to their lines. While Public Works has no objection to a 9.5 -foot easement
with our sanitary line standing alone, we do not believe that this space would be
sufficient with the presence of other utilities.
PAYNE SURVEYING SERVICES
Abstract Services, Inc.:
wealth Land Title Ins. Co.; CLAREMORE, OXLOTOMA (610) 941 -0617
use M. Gayylord CERTIFICATE FOR MORTGAGE LOAN PURPOSES
(Ella JIOW00 -945)
THIS PROPERTY IS LOCATED IN ZONE X (UNSHADED) PER
SELLER: FLOOD INSURANCE RATE MAP, A 400210- 0236H, REVISED
Smiley L'Freemon, Trustee SEPTEMBER 22' 1999.
CERTIFICATE
FirsTitle & Abstract Services, Inc.;
This plot is made for and at the request of Bank of Oklalhomo.dNAe Ins. Co.;
Property described as- for mortgage loan Purposes only covering
Lot Twenty (20), Block Five (5), EL RIO VISTA II, Tulsa County, Slate of Oklahoma, according
to the recorded Plat No. 4273.
10809 Cost 96th Place North Owasso, Oklahoma 74055
1 here by certify that lha above inspection plat shows the improvemenle as located on the premises described, that
theyy era entirely within the described tract boundaries, and thol there ore no encroachments thereon except as
Indicated; lh0t the above plat shows all recorded plot easements and other such easements as have been disclosed
and furnished on behalf 0f lenderyythat this plat was pre pared for Identification p h ease only for l ages and is
the eslabldlehmart of fence, bull dingthort olheprreimprovement Blineare Nolraaponialbllilnot tosb u
the present or future land owner or oec upon for
ppant.
WITNESS my hand and seal this da of RANDALL 'PG
Revised 9 -7 -00 far Titlework. 2000.
GAYLORD RANDA R. P
NOV -09 -2000 01:37 ONG
FACSIMILE TRANSMITTAL
To: Donna Sorrells
COMPANY: Owasso City Planner
FAX: 272 -4997
PHONE: 272 -2251
PAGES: 2
DATE:
MESSAGE: Donna,
as requested.
NATURAL
12250 E 96th St. North
Owasso, OK 74055
918 5BB 5110 P.01i02
Doyle Goias
Manager I
Office: 918 - 274 -4003
FAX: 918 - 274 -4020
dgoins @ong.com
decision and agrees to release the portion of easement
UUNFIUEN FIAL AND PRIVILEGED:
The information contained in this facsimile is privileged and confidential Information Intended for the sole use of this addressee, If the
reader of this facsimile is not the Intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you
are hereby notified that any disclosure, dissemination, distribution or copying of the communication or taking any action in reliance of
the communication is strictly prohibited. If you have received this facsimile In error, please contact sender.
November 9, 2000
Donna Sorrells
City Planner, City of Owasso
207 S. Cedar
Owasso, OTC 74055
Subject: Lot 20 Block 5, El Rio Vista II Addition
Donna:
In regards to the existing 17.5' easement on the west side of the above mentioned lot, ONG has
no objection to releasing the East 8,0 feet of the West 17.5 feet of the South 70.0 feet of Lot 20 in
Block 5 of El Rio VIsta.II, Tulsa, Oklahoma, State of Oklahoma according to the recorded Plat
#4273.
Sincerely, of
Doyle Goins
Oklahoma Natural Gas Company
Tac Member 274 -4003
TOTAL P.02
November 7, 2000
Donna Sorrels
City Planner, City of Owasso
207 South Cedar
Owasso, OK 74055
SUBJECT Lot 20 Block 5, Rio Vista II Addition
Donna:
In regards to the existing 17.5' easement on the west side of the above
mentioned lot, PSO has no problem with releasing this easement. We do have a
service to the home located within the easement but language in the Restrictive
Covenants will maintain a 5' easement (2.5' on either side of service cable).
Joe Green, our local engineer has verified this information in the field.
If you have any further questions, please do not hesitate to call.
Sincerely,
Curtis R. Bryant
Public Service Company of Oklahoma
TAC Member 599 -2912
Crbryant @aep.com
FROM TULSA OSP PLANNING 918 495 0930 (TUE) 10. 31' 00 10: 15 /ST.10: 15/NO.350^1233342 P 1/1
PUBLIC NOTICE OF THE MEETING -OF THE
OWASSO TECHNICAL ADVISORY COMMITTEE
TYPE OF MEETING:
DATE:
TIME:
PLACE:
NOTICE FILED BY:
TITLE:
Regular
November 1, 2000
2:00 PM
City Hall Conference Room
Donna Sorrells
City Planner
Filed in the office of the Owasso City Clerk at 2:00 PM on October 24, 2000.
Donna Sorrell:
City Planner
OWASSO TECHNICAL ADVISORY COMMITTEE
Wednesday, November 1, 2000 2:00 PM
Owasso City Hall Conference Room, 207 S. Cedar
AGENDA
1. Call to Order
21 lEasemevt Closure — Homes Unlimited — A request for the closure of a portion of a
utility easement along the west side lot line of Lot 20, Block 5, El Rio Vista located at
10809 E. 96'' Place N. (Ward 1)
3. Lot Split -- Lindsey Management — A request for review of a lot split (OLS- 00.06) of
Lot 2, Block 1, The Greens at Owasso and Owasso Golf and Athletic Club. The subject
property is located north of E 76th Street N. and west of N. 145TH E. Avenue. (Ward 3)
4. Adjournment