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HomeMy WebLinkAbout667_Closing Portion of Easement Lot 18 Block 1_Double Oaks IVTulsa County Clerk - EARLENE WILSON Doc# 01019276 Pgs 2 a/P 6480/1832 -1833 Rbaeipt. A 496252 02/27/01 11:22:02 Fee 10.00 w000496252003m 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