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Home My WebLink About671_Closing Alley Block 5_Original Town of OwassoTulsa County Clerk - EARLENE WILSON Doc# 01054924 Pgs 1 B/P 6529/0033 -0033 Receipt 513767 05/23/01 11:09:58 Fee 8.00 513767998 CITY OF OWASSO ORDINANCE NO. 671 AN ORDINANCE CLOSING TO THE PUBLIC USE AN ALLEY LOCATED WITHIN BLOCK FIVE (5), ORIGINAL TOWN OF OWASSO, ACCORDING TO THE RECORDED PLAT THEREOF, IN SAID CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, WITH CERTAIN RESERVATIONS HEREIN PRESCRIBED AND DECLARING AN EFFECTIVE DATE. WHEREAS, a public hearing has been held regarding the request for approval of an alley to closing herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the staff and all statements for and against the requested alley closing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The alley located within Block 5, Original Town of Owasso, in its entirety is hereby closed for public use. 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 there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. Section 4. That the Ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 3rd day of April, 2001. OFFICIAL City of Owasso, Oklahoma SEAL H. C. Williams, Mayor Mard Boutwell, City Clerk AS TO FORM D. Cates, City Attorney April 12th 2001 Subscribed and sworn to before me this 13th day of April My Commission expires: Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, April 12, 2001. CITY OF OWASSO ORDINANCE NO. 671 AN ORDINANCE CLOSING TO THE PUBLIC USE AN ALLEY LOCATED WITHIN BLOCK FIVE (5), ORIGINAL TOWN OF OWAS- SO, ACCORDING TO THE RECORDED PLAT THEREOF, IN SAID CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND MORE PARTICULARLY DESCRIBED IN THIS ORDINANCE, WITH CERTAIN RESERVATIONS HEREIN PRESCRIBED AND DECLAR- ING AN EFFECTIVE DATE. WHEREAS, a public hearing has been held regarding the request for approval of an alley closing herein described, and, WHEREAS, the Owasso City Council has considered the recommen- dation of the staff and all statements for and against the requested alley closing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section. 1. The alley located within Block 5, Original Town of Owasso, in its entirety is hereby closed for public use. 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 2. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. Section 4. That the Ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 3rd day of April, 2001. (SEAL) ATTEST Marcia Bout Marcia Boutwell, City Clerk APPROVED AS TO FORM Ronald D. Cates Ronald D. Cates, City Attorney City of Owasso, Oklahoma H.C. Williams H.C. Williams, Mayor MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE 671 ALLEY CLOSING BLOCK 5, ORIGINAL TOWN OF OWASSO DATE: March 20, 2001 The Original Town of Owasso, platted prior to statehood, was an arrangement of square city blocks, each bisected by an alley. Block Five (5) of the Original town of Owasso represents a half block, bisected by an alley, and located along the western boundary of the plat. The Greenlee's Addition, also platted prior to statehood, was developed adjacent to and west of the Original Town of Owasso, and also had square city blocks, each bisected by an alley. However, the Starlane Addition, platted in 1955, overlapped the Greenlee's Addition, particularly adjacent to Block Five (5) of the Original town of Owasso, and no alleys were platted. This resulted in a "stubbed" alley only bisecting one half of the block and dead - ending at the Starlane Addition. Plats of the three referenced subdivisions are attached for your review. The applicants, adjacent property owners, are now requesting the closure of the existing alley located within Block Five (5) of the Original town of Owasso. Section 42 -110 of the Oklahoma Municipal Code provides for the right of a municipal governing body to close to the public use any public way or easement within the municipality whenever deemed necessary or expedient. The municipality is required to provide written notice of any proposed closing of a public way or easement to any holder of a franchise or others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least thirty (30) days prior to passage of any ordinance providing for closing of the public way or easement. Letters were mailed to Public Service Company of Oklahoma, Oklahoma Natural Gas, Southwestern Bell Telephone and Cox Communications on February 26, 2001. No objections to the closing were received by staff and each utility provider signed certificates approval. A copy of the letters and certificates are attached for your review. The City fulfilled the thirty (30) day notice requirement on March 28, 2001. A copy of Ordinance No. 671 is attached, and Council approval will formally close the alley RECOMMENDATIONS Staff recommends approval of Ordinance No. 671. ATTACHMENTS 1. Original Town of Owasso (Location Map), Greenlee's Addition, and Starlane Addition Plats 2. Request by adjacent property owners 3. Letter to and certificates from utility providers 4. Ordinance No. 671 November 28, 2000 TO: City of Owasso Owasso, Oklahoma SUBJECT. Alley Closure The undersigned property owners, adjacent to the alley extending through Block 5, Owasso-Original Town, and the east end of Block 7, Greenlee's Addition, request the alley be closed to public use, while remaining a right of way for the city utilities. Owner of Lot 16, Block 7 Greenlee s Addition, City of Owasso, OK Signed: Owner of Lots 1 & 2, Block 5, Owasso Original Town, City of Owasso, OK Signed: Date: Owner of Lot 3, Block 5, Owasso Original Town, City of Owasso, OK Signed: Owner of Lot 4, Block 5, Owasso Original Town, City of Owasso, OK Signed: Date: We appreciate your consideration in this matter. Mr. Bernie Nally Southwestern Bell 5305 E 71st Street Tulsa, OK 74136 February 26, 2001 RE: Alley Closing Dear Mr. Nally, The purpose of this letter is to provide the required thirty (30) day notice to your company and other utility providers within the City of Owasso of a planned alley closing. The proposed a ley to be closed is located within Block 5, Original Town of Owasso between 2 "d Street and � 3" Street and west of Atlanta (formerly Oklahoma) Street. The proposed closing does not include the associated utility easement. A location map is attached for your information and review. Please direct questions or comments regarding the proposed alley closure to Donna Sorrells, City Planner, City of Owasso, P.O. Box 180, Owasso, OK 74055; or by calling (918) 272 -2251. If you have no questions or comments regarding the proposed alley closure, please complete the attached form and return to the address above, or fax to Donna Sorrells at (918) 272 -4997. Sincerely, Donna S. Sorrells City Planner CERTIFICATE OF APPROVAL I, official representative of utility provider within the City o Otivasso, hereby certify that we have no objection to the proposed closing of the alley located within Block 5, Original Town of Owasso, Owasso, Oklahoma. Signed: Date: CERTIFICATE OF APPROVAL I, Doyle Goins, official representative of Oklahoma Natural gas Go. utility providdl within the City of Owasso, hereby certify that we have no objection to the proposed closing of the alley located within Block 5, Original Town of Owasso, Owasso, Oklahoma. Signed: Date: CERTIFICATE OF APPROVAL I, Curtis R. Brtant, official representative of PSO utility provider within the City of Owasso, hereby certify that we have no objection to the proposed closing of the alley located within Block 5, Original Town of Owasso, Owasso, Oklahoma. Signed: CERTIFICATE OF APPROVAL I, R. C. Ironsofficial representative of COX Communications utility provider within the City of Owasso, hereby certify that we havc no objection to the proposed closing of the alley located within Block 5, Original Town of Owasso, Owasso, Oklahoma. Signed: