HomeMy WebLinkAbout670_Closing Porting Easement Lot 1 Block 5_Nottingham Estates IIITulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO
ORDINANCE NO. 670
ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILTIY
EASEMENT LOCATED WITHIN LOT TWO (2), BLOCK FIVE (5), NOTTINGHAM
ESTATES III, 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
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 Two (2), Block Five (5), Nottingham Estates III, City of Owasso, Tulsa
County, Oklahoma, described as follows:
THE NORTH 7.5 FEET OF THE SOUTH 25 FEET OF LOT 2, BLOCK 5, NOTTINGHAM
ESTATES III.
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:
ALL THAT PART OF LOT TWO (2), BLOCK FIVE (5), NOTTINGHAM ESTATES
III, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, DESCRIBED AS
FOLLOWS.
THE NORTH 7.5 FEET OF THE SOUTH 25 FEET OF LOT 2, BLOCK 5,
NOTTINGHAM ESTATES III.
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 March 2001.
City of Owasso, Oklahoma
H. C. Williams, Mayor
Marclo,Boiitwell, City Clerk
APPOVED AS TO FORM
Ronald D. Cates, City Attorney
Published In the Owasso Reporter, Owasso, Tulsa County. Oklahoma,
March 29, 2001.
CRY OF OWASSO
ORDINANCE NO. 670
AN ORDINANCE CLOSING TO THE PUBLIC USE A POn I ION OF A
UTILITY EASEMENT LOCATED WITHIN LOT TWO (2), BLOCK FIVE
(c) NOTTINGHAM ESTATES III, AN ADDITION TO THE CITY OF
OWASSO. TULSA COUNTY, STATE OF OKLAHOMA, AT - RETAIN-
ING 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
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 Two (2), Block Five (5), Nothugham
Estate$ 111, City of Owasso, Tulsa County, Oklahoma,
described as follows:
THE NORTH 7.5 FEET OF THE SOUTH 25 FEET OF LOT 2,
BLOCK 5, NOTTINGHAM ESTATES III.
WHEREAS, pursuant to The II, Oklahoma Statutes. Section 42 -110,
the only holders of a franchise or purported holders of a hanchise that
may purport to have a special right or privilege to use sail' utility ease-
ment are Public Service Company of Oklahoma, and/or Oklahoma Net-
use] 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 spacial right or privilege to use
said utility easement have waived their objections to the closure of said
easement, it 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 TWO (2) BLOCK FIVE (5), NOT-
TINGHAM ESTATES III, CITY OF OWASSO, TULSA COUN-
TY, OKLAHOMA, DESCRIBED AS FOLLOWS.
THE NORTH 7.5 FEET OF THE SOUTH 25 FEET OF LOT 2,
BLOCK S. NOTTINGHAM ESTATES III.
Section 2, The municipality shall retain the absolule 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 lacilitles of service therein, nor shall Is 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 or ordinance$ in the conflict
herewith be, and the same, are hereby expressly repealed.
PASSED AND APPROVED this 201h day of March 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 2, BLOCK 5, NOTTINGHAM ESTATES III
ORDINANCE NO. 670
DATE: March 14, 2001
John K. Davis, builder, is requesting review of a proposed closing of a portion of an existing
utility easement within Nottingham Estates III located north of E. 86th Street N. and east of N.
129th E. Avenue at 13802 E. 94th Street N. The property is described as Lot 2, Block 5,
Nottingham Estates III. A location map is attached for your information and review.
The applicant has requested the closing of the north 7.5' of an existing 25' utility easement to
accommodate the construction of a proposed swimming pool.
The Technical Advisory Committee reviewed the request at the February 28, 2001 regular
meeting. No comments or objections were recorded. The affected utilities have each submitted
certificates of approval, copies of which are attached for your information and review.
The Owasso Planning Commission reviewed the request at the March 13, 2001 regular meeting
and unanimously recommended approval.
RECOMMENDATIONS
Staff recommends approval of the closing of the north 7.5' of the 25' utility easement located
along the south property line of Lot 2, Block 5, Nottingham Estates III and the corresponding
Ordinance No. 670.
ATTACHMENTS
1. Location Map
2. Letter of Request
3. Legal Description
4. Certificates of Approval
5. Ordinance No. 670