HomeMy WebLinkAbout667_Closing Portion of Easement Lot 18 Block 1_Double Oaks IVTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO
ORDINANCE NO. 667
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILTIY
EASEMENT LOCATED WITHIN LOT EIGHTEEN (18), BLOCK ONE (1), DOUBLE
OAKS IV, 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:
All that part of Lot Eighteen (18), Block One (1), Double Oaks IV, City of Owasso, Tulsa
County, Oklahoma, described as follows.
COMMENCING at the southeast corner of said Lot 18; thence N50°02' 15 "E along the east line
of said Lot 18 a distance of 46.50 feet; thence N39°57'45 "W a distance of 10.00 feet to the
POINT OF BEGINNING; thence N50°02' 15"E a distance of 17.00 feet; thence N39°57'45 "W a
distance of 1.00 foot; thence S50°02'15 "W a distance of 17.00 feet; thence N39°57'45 "E a
distance of 1.00 foot to the POINT OF BEGINNING, containing 17.0 square feet, more or less.
WHEREAS, pursuant to Title 11, 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:
ALL THAT PART OF LOT EIGHTEEN (18), BLOCK ONE (1), DOUBLE OAKS IV,
CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 18; THENCE
N50°02'15"E ALONG THE EAST LINE OF SAID LOT 18 A DISTANCE OF 46.50
FEET; THENCE N39°57'45 "W A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING; THENCE N50°02'15 "E A DISTANCE OF 17.00 FEET; THENCE
N39°57'45 "W A DISTANCE OF 1.00 FOOT; THENCE S50°02' 15 "W A DISTANCE
OF 17.00 FEET; THENCE N39°57'45 "E A DISTANCE OF 1.00 FOOT TO THE
POINT OF BEGINNING, CONTAINING 17.0 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.
PASSED AND APPROVED this 20th day of February 2001.
City of Owasso, Oklahoma
ATTEST
H. C. Williams, Mayor
Marci outwell, City Clerk
APPRO D AS TO FORM
OFFICIAL
SEAL,
Ronald D. Cates, City Attorney
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
March 1, 2001.
CITY OF OWASSO
ORDINANCE NO. 667
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOT EIGHTEEN (18),
BLOCK ONE (1), DOUBLE OAKS IV, 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:
All that part of Lot Eighteen (18), Block One (1), Double Oaks
IV, City of Owasso, Tulsa County, Oklahoma, described as
follows.
COMMENCING at the southeastcorner of said Lot 18; thence
N50°02'15 "E along the east line of said Lot 18 a distance of
46.50 feet; thence N39°57'45"W a distance of 10.00 feet to the
POINT OF BEGINNING; thence N50°02'15"E a distance of
17.00 feet; thence N39°57'45"W a distance of 1.00 foot;
thence S50°02'15"W a distance of 17.00 feet; thence
N39°57'45"E a distance of 1.00 foot to the POINT OF BEGIN-
NING, containing 17.0 square feet, more or less.
WHEREAS, pursuant to Title 11, 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; 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:
ALL THAT PART OF LOT EIGHTEEN (18), BLOCK ONE (1),
DOUBLE OAKS IV, CITY OF OWASSO, TULSA COUNTY,
OKLAHOMA, DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHEAST CORNER OF SAID
LOT 18; THENCE N50°02'15"E ALONG THE EAST LINE OF
SAID LOT 18 A DISTANCE OF 46.50 FEET; THENCE
N39°57'45"W A DISTANCE OF 10.00 FEET TO THE POINT
OF BEGINNING; THENCE N50°02'15"E A DISTANCE OF
17.00 FEET, THENCE N39°57'45"W A DISTANCE OF 1.00
FOOT, THENCE 65°02'15"W A DISTANCE OF 17.00 FEET,
THENCE N39°57'45"E A DISTANCE OF 1.00 FOOT TO THE
POINT OF BEGINNING, CONTAINING 17.0 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.
59&JjjQD3, 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
H.C. Williams, Mayor
SEAL
ATTEST
Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM
Ronald D. Cates, City Attorney
MEMORANDUM
TO: HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: DONNA SORRELLS
CITY PLANNER
SUBJECT: EASEMENT CLOSURE
LOT 18, BLOCK 1, DOUBLE OAKS IV
ORDINANCE NO. 667
DATE: February 14, 2001
BACKGROUND:
P.B. Homes, builder, is requesting review of a proposed closing of a portion of an existing utility
easement within Double Oaks IV located north of E. 76th Street N. and west of N. 129th E.
Avenue at 7901 N. 125th E. Avenue. The property is described as Lot 18, Block 1, Double Oaks
IV. 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 I V utility easement along the south property line.
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 I F utility easement located along
the west property line of Lot 18, Block 1, Double Oaks IV and the corresponding Ordinance No.
667.
ATTACHMENTS:
1. Location Map
2. Letter of Request
3. Legal Description
4. Inspection Plat
5. Ordinance No. 667
P. B. HOMES
VARIANCE REQUEST
1 -15 -2001
THREE
LAKES
EAST 86th STREET NORTH
P. B. Homes
Collinsville, OK
371 -9888
January 16, 2001
Re: Easement Closure Request
Lot 18, Block 1, Double Oaks IV
Donna Sorrells
City Planner
Comunity Development
City of Owasso
207 S. Cedar
Owasso, OK 74055
Ms. Sorrells;
P. B. Homes requests the City of Owasso commence proceedings for partial closure of one
certain easement on the property noted above, owned by Ricky C. Norman. The reason for this
request is that the house bay window encroaches on the easement by 0.9'. Our investigation
indicates that there are no utilities currently in the subject easement.
I have attached for your convenience copies of the Mortgage Inspection Survey, A Location Map,
and the Legal Description of the portion of the easement I am requesting closure on.'
Respecfully;
Thomas Tull
P. B. Homes
P. B. Homes
Easement Closure Request
Legal Description
1-16-2001
ALL THAT PART OF LOT 18, BLOCK 1, DOUBLE OAKS FOUR, A.SUBDIVISION IN
THE CITY OF OWASSO, LOCATED IN SECTION 29, TOWNSHIP 21 NORTH, RANGE 14
EAST OF THE 1. B. M., TULSA COUNTY, OKLAHOMA, DESCRIBED AS FOLLOWS :.
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 18; THENCE N50°02'15 "E
ALONG THE EAST LINE OF SAID LOT 18 A DISTANCE OF 46.50 FEET; THENCE
N39°57'45 "W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE
N50°02'15 "E A DISTANCE OF 17.00 FEET; THENCE N39°5745 "W A DISTANCE OF 1.00 . .
FOOT; THENCE S50°02'15 "W A DISTANCE OF 17.00 FEET; THENCE S39°5745 "E A
DISTANCE OF 1.00 FOOT TO THE "POINT OF BEGINNING" CONTAINING (17 SQUARE
FEET) 0.00039 ACRES MORE OR LESS.
LEGAL DESCRIPTION AS PROVIDED:
LOT EIGHTEEN (18), BLOCK ONE (1). OOUSLE OAKS N, A SU80EVISION IN
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF, AND KNOWN AS 7901 NORTH 125TH EAST AVENUE.
SURVEYOR'S STATEMENT
LEGAL DESCRIPTION AS PROVIDED:
LOT EIGHTEEN (18), BLOCK ONE (1). OOUSLE OAKS N, A SU80EVISION IN
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF, AND KNOWN AS 7901 NORTH 125TH EAST AVENUE.
SURVEYOR'S STATEMENT