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Home My WebLink About666_Closing Eastment Lot 1 Block 1_Bradfords of Silver CreekTulsa County Clerk - EARLENE WILSON Doc# 01019275 Receipt # 496252 02/27 /01 112202 Fee 10.00 000496252002 CITY OF OWASSO ORDINANCE NO. 666 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILTTY EASEMENT LOCATED WITHIN LOT ONE (1), BLOCK ONE (1), BRADFORDS OF SILVER CREEK, 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: Apart of Lot One (1), Block One (1), The Bradfords of Silver Creek, City of Owasso, Tulsa County, Oklahoma, according to the recorded Plat No. 5239. COMMENCING at the southwest comer of said Lot 1; thence S89°46'48 "E a distance of 20.37 feet; thence N10°43'48 "W along a 20 foot building line and utility easement a distance of 46.27 feet to the POINT OF BEGINNING; thence continuing N10°43'48 "W a distance of 47.56 feet; thence S77°42'49 "W a distance of 4.10 feet; thence 13°33'20 "E a distance of 47.60 feet; thence N76°26'40 "E a distance of 1.75 feet to the POINT OF BEGINNING, containing 139.21 square feet, more or less. 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 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: A PART OF LOT ONE (1), BLOCK ONE (1), THE BRADFORDS OF SILVER CREEK, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5239. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE S89°46'48 "E A DISTANCE OF 20.37 FEET; THENCE N10°43'48 "W ALONG A 20 FOOT BUILDING LINE AND UTILITY EASEMENT A DISTANCE OF 46.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N10°43'48 "W A DISTANCE OF 47.56 FEET; THENCE S77°42'49 "W A DISTANCE OF 4.10 FEET; THENCE 13°33'20 "E A DISTANCE OF 47.60 FEET; THENCE N76°26'40 "E A DISTANCE OF 1.75 FEET TO THE POINT OF BEGINNING, CONTAINING 139.21 SQUARE FEET, MORE OR LESS. 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. APPR D AS TO FORM Ronald D. Cates, City Attorney D this 20th day of February 2001. City of Owasso, Oklahoma H. C. Williams, Mayor Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, March 1, 2001. CITY OF OWASSO ORDINANCE NO. 666 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN LOT ONE (1) BLOCK ONE (1), BRADFORDS OF SILVER CREEK, 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: A part of Lot One (1), Block One (1), The Bradfoids of Silver Creek, City of Owasso, Tulsa County, Oklahoma, according to the recorded Plat No. 5239. COMMENCING at the southwest corner of sold Lot 1; thence S89°46'48"E a distance of 20.37 feet; thence N10°43'48"W along a 20 foot building line and utility easement a distance of 46.27 feet to the POINT OF BEGINNING; thence continu- ing N10°43'48"W a distance of 47.56 f et; thence S77°42'49"W a distance of 4.10 feet; thence 13°33'20"E a dis- tance of 47.60 feet; thence N76°26'40"E a dist—ice of 1.75 feet to the POINT OF BEGINNING, containing 139.21 square feet, more or less. WHEREAS, pursuant to Title It, 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 Nat- ural Gas Company, and/or Southwestern Bell Telephone Company, and/or Cox Communication; and, WHEREAS, the above holders of franchise or purported folders 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: A PART OF LOT ONE (1), BLOCK ONE (1), THE BRAD- FORDS OF SILVER CREEK, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5239. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE S89°46'48"E A DISTANCE OF 20.37 FEET, THENCE N10°43'48"W ALONG A 20 FOOT BUILDING LINE AND UTILITY EASEMENT A DISTANCE OF 46.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N10°43'48"W A DISTANCE OF 47.56 FEET; THENCE S77°42'49"W A DISTANCE OF 4.10 FEET; THENCE 13°33'20"E A DISTANCE OF 47.60 FEET; THENCE N76°26*40"E A DISTANCE OF 1.75 FEET TO THE POINT OF BEGINNING, CONTAINING 139.21 SQUARE FEET, MORE OR LESS. 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 la closing affect private ways existing by operation of law unless released in writ- ing by the owners thereof. Section 3. That all ordinances or parts of ordinances in the conflict herewith be, and the same, are hereby expressly repealed. PASSED AND APPROVED this 20th day of February 2001. City of Owasso, Oklahoma H.C. Williams, Mayor SEAL ATTEST Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM Ronald D. Cates, City Attorney TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: EASEMENT CLOSURE LOT 1, BLOCK 1, BRADFORDS OF SILVER CREEK ORDINANCE NO. 666 DATE: February 14, 2001 BACKGROUND: Keith Burd, builder is requesting review of a proposed closing of a portion of an existing utility easement within Bradfords of Silver Creek located north of E. 86' Street N. and west of N. 129th E. Avenue at 14102 E. 86th Court N. The property is described as Lot 1, Block 1, Bradfords of Silver Creek. A location map is attached for your information and review. The residence, built in 2000, on the subject property was constructed over a portion of an existing 20' utility easementibuilding setback along the west property line. The applicant has received a variance from the Owasso Board of Adjustment regarding the encroachment into the building setback. The Technical Advisory Committee reviewed the request at the January 31, 2001 regular meeting. No comments or objections were recorded. The Owasso Planning Commission reviewed the request at the February 13, 2001 regular meeting and unanimously recommended approval. RECOMMENDATION: Staff recommends approval of the closing of a portion of the 20' utility easement located along the west property line of Lot 1, Block 1, Bradfords of Silver Creek and the corresponding Ordinance No. 666. ATTACHMENTS 1. Location Map 2. Letter of Request 3. Legal Description 4. Inspection Plat 5. Ordinance No. 666 LOCATION MAP Burd Home Inc. December 09,2000 Donna Sorrells Community Development City Planner City Of Owasso 207 S. Cedar Owasso Ok 74055 RE: Easement Lot 1 Blk 1 Bradfords of Silver Creek Dear Ms. Sorrells: Burd Homes Inc. would like to request the City of Owasso to commence the proceedings for partial closure of one certain easement located on property currently owned by Marty Casillas. They recently purchased the property from Burd Homes Inc.. 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 can be reached at 527 -9946 if you have any further questions or needs. Sincerely, Keith Burd DEC -12 -2000 1628 COLLINS Laid SURVEYING 918 322 9358 P.02.'02 COLLINS LAND SURVEYING, INC. P.O. BOX 51 GLENPOOL, OK 74033 (918)322 -9355 FAX: (918)322 -9358 "ATTACHMENT' LEGAL DESCRIPTION REF. NO, 99 -07 -191 A part of Lot One (1), Block One (1), THE BRADFORDS OF SILVER CREEK, an Addition in the City of Owasso, Tulsa County, Oklahoma, according to the recorded Plat No. 5239. COMMENCING at the Southwest corner of said Lot l; THENCE S 89°46'48" E a distance of 20.37 feet; THENCE N 10°43'48" W along a 20 foot building line and utility easement a distance of 46.27 feet to the Point of Beginning; THENCE continuing N 10°43'48" West a distance of 47.56 feet; THENCE S 77°42'49 "'W a distance of 4.10 feet; TIiENCE S 13°33'20" E a distance of 47.60 feet; THENCE N 76°26'40" E a distance of 1.75 feet to the Point of Beginning, containing 139.21 square feet, more or less. TOTAL P.O.' CUSTOMER: PAYNE SURVEYING SERVICES FIRSTTTLE & ABSTRACT SERVICES, INC. COMMONWEALTH LAND TITLE INS. CO. CLAREMORE, OIDAHOMA (918) 341 -0617 THE F &M BANK & TRUST COMPANY NORTH Sg[,1,ER; SCALE I'm 20' SURD HOMES INCORPORATED REGISTERED LAND SURVEYOR'S INSPECTION PLAT AND BORROWER: CERTIFICATE FOR MORTGAGE LOAN PURPOSES MARTY D. CASILlAS & ESTER M. COUNTS THIS PROPERTY IS LOCATED IN ZONE X (UNSHADED) PER FLOOD FILE JOWOO -1212 INSURANCE RATE MAP, #400210 0239H, REVISED SEPTEMBER 22, CERTIFICATE ' FIRSTITLE & ABSTRACT SERVICES, INC. COMMONWEALTH LAND TITLE INS. CO. THE F &M BANK & TRUST COMPANY This plat is made for and at the request of for mortgage loan purposes only covering property described as: LOT ONE (1), BLOCK ONE (1), `THE BRADFORDS OF SILVER CREEK', AN ADDITION IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 5239. 14102 FAST 86TH COURT NORTH, OWASSO. OKLAHOMA 74055 . I hereby certify that the above inspection Plat shows the improvements as located an 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 fumished on behalf of lender, that this plat was prepared for identification purposes only for the Mortgagee and is not o land or property line survey; that no property comers were set, and it is not to be se4-p[ relied upon for the establishment of fence, building or other improvement lines. No responsibility is ae�'tHQ„Tigta or hereby to the present or future land owner or occupant. WITNESS my hand and seal this 27M day of NOVEMBER 2000.