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HomeMy WebLinkAbout673_Closing Portion of Easement_Forest Creek Business ParkTulsa County Clerk - EARLENE WILSON Doc# 01054926 Pgs 2 BAP 6529/0037 -0038 05/23/01 11:10:18 Fee 10.00 A000513767010e CITY OF OWASSO ORDINANCE NO. 673 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN FOREST DRIVE INDUSTRIAL PARK, 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 Forest Drive Industrial Park, City of Owasso, Tulsa County, Oklahoma, described as follows: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, FOREST DRIVE INDUSTRIAL PARK; THENCE N89°24'43 "E A DISTANCE OF 5.00 FEET; THENCE NORTH A DISTANCE OF 94.76 FEET; THENCE N17°19'53 "E A DISTANCE OF 6.16 FEET TO THE POINT OF BEGINNING ON THE NORTH LINE OF LOT 6; THENCE N17°21'54 "E A DISTANCE OF 155.76 FEET; THENCE N13°17'04 "E A DISTANCE OF 319.52 FEET; THENCE N76°42'56 "W A DISTANCE OF 5.00 FEET; THENCE N00°04'00 "W A DISTANCE OF 100.00 FEET; THENCE S89°25'1 FV A DISTANCE OF 15.00 FEET; THENCE S00°04'00 "E A DISTANCE OF 98.11 FEET; THENCE S13°17'04 "W A DISTANCE OF 317.77 FEET; THENCE S17°47'57 "W A DISTANCE OF 161.21 FEET; THENCE EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 13,107 SQUARE FEET OR 0.302 ACRES. WHEREAS, pursuant to Title H, 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 FOREST DRIVE INDUSTRIAL PARK, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, FOREST DRIVE INDUSTRIAL PARK; THENCE N89°24'43 "E A DISTANCE OF 5.00 FEET; THENCE NORTH A DISTANCE OF 94.76 FEET; THENCE N17°19'53"E A DISTANCE OF 6.16 FEET TO THE POINT OF BEGINNING ON THE NORTH LINE OF LOT 6; THENCE N17°21'54 "E A DISTANCE OF 155.76 FEET; THENCE N13°17'04'T, A DISTANCE OF 319.52 FEET; THENCE N76°42'56 "W A DISTANCE OF 5.00 FEET; THENCE N00°04'00 "W A DISTANCE OF 100.00 FEET; THENCE S89°25'1 I"W A DISTANCE OF 15.00 FEET; THENCE S00°04'00 "E A DISTANCE OF 98.11 FEET; THENCE S13°17'04 "W A DISTANCE OF 317.77 FEET; THENCE S17°47'57 "W A DISTANCE OF 161.21 FEET; THENCE EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING, CONTAINING 13,107 SQUARE FEET OR 0.302 ACRES. 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 17th day of April 2001. City of Owasso, Oklahoma H. C. Williams, Mayor Maria Boswell, City Clerk AS TO FORM D. Cates, City Attorney PUBLIC NOTICE Published in the Owasso Reporter, Owasso, April 26, 2001. Tulsa County, Oklahoma, CITY ORDINANCE: 673 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED WITHIN FOREST DRIVE INDUSTRI- AL PARK, 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 ORD €NANCES 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, aid utility easement is described as follows: All that part of Forest Drive Industrial Park, City of Owes_ so, Tulsa County, Oklahoma described as follows: BEGINNING AT THE SOUTHEAST CORNER OF LOT g FOREST DRIVE INDUSTRIAL PARK; THENCE N89°24'43 "E A DISTANCE OF 5.00 FEET; THENCE NORTH A "STANCE OF 94.76 FEET THENCE N77°19'53 "E A DISTANCE OF 6.16 FEET TO THE POINT OF BEGINNING ON THE NORTH LINE OF LOT 6; THENCE N177°21'54 "E A DISTANCE OF 155.76 FEET., THENCE N13 °17'04 "E A DISTANCE OF 319.52 FEET THENCE N76°42'56'W A DISTANCE OF 5.00 FEET THENCE N00°04'OOW A DISTANCE OF 100.00 FEET; THENCE S89°25'11 "W A DISTANCE OF 15.00 FEET; THENCE S00°04'00'E A DISTANCE OF 98.11 FEET; THENCE S13°17'04 "W A DISTANCE OF 317.77 FEET; THENCE S17°47'57 "W A DISTANCE OF 161.21 FEET; THENCE EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGIN- NING, CONTAINING 13,107 SQUARE FEET OR 0.302 ACRES. WHEREAS, pursuant to Title II, Oklahoma Statutes 42.110, the only holders of a franchise or purported holders of a franchise that maur- port 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 Cos, 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 COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT ALL THAT PART OF FOREST DRIVE INDUSTRIAL PARK CITY OF OWASSO, TULSA COUNTY OKLAHOMA; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6, FOREST DRIVE INDUSTRIAL PARK; THENCE N89°24'43 "E A DISTANCE OF 5.00 FEET; THENCE NORTH A DISTANCE OF 94.76 FEET THENCE N17°19'53 "E A DISTANCE OF 6 16 FEET TO THE POINT OF BEGINNING ON THE NORTH LINE OF LOT 6; THENCE N117°21'547 A DISTANCE OF 155.76 FEET THENCE N 123°17'04 "E A DISTANCE OF 319.52 FEET- THENCE N76'42'56"W A DISTANCE OF 5.00 FEET; THENCE N00°04'00: W A DISTANCE OF 100.00 FEET; THENCE S89°25'11 "W A DISTANCE OF 15.00 FEET; THENCE S00°04'00 "E A DISTANCE OF 98.11 FEET; THENCE S13°17'04 "W A DISTANCE OF 317.77 FEET THENCE S17°47'57 "W A DISTANCE OF 161.21 FEET THENCE EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGIN- NING, CONTAINING 13,11,107 SQUARE FEET OR 0.302 ACRES. Section . 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, transmission company facilities of service the i r closing affect private ways existing by operation osing Of l re n, nor shat! a law unless released l writ- ing by the owners thereof. ti That all ordinances or parts of ordinances in conflict here- with be, and the same, are hereby expressly repeated. PASSED AND APPROVED this 17th day of April 2001. City of Owasso, Oklahoma SEAL H.C. Williams, Mayor ATTEST Marcia Boutwelt, City Clerk APPROVED AS TO FORM Ronald D ratos Ronald D. Cates, City Attorney F MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE No. 673 EASEMENT CLOSURE (Ward Four) DATE: April 11, 2001 BACKGROUND At the August 15, 2000 regular meeting the City Council unanimously approved a request for the closing of a portion of a utility easement located within Forest Drive Industrial Park. Ordinance No. 673 would formally adopt the action taken by the City Council at the August 15, 2000 meeting. RECOMMENDATIONS Staff recommends approval of Ordinance No. 673. ATTACHMENTS 1. Location Map 2. Ordinance No. 673