Loading...
HomeMy WebLinkAbout679_Closing Porting Easement Lot 1 Block 2_Owasso Market IITulsa County Clerk - EARLENE WILSON Doc# 01099462 pgs 2 6590/0812 -0813 Receipt # 533790 08/31/01 15:48:20 Fee 15-00 A000533790005W CITY OF OWASSO ORDINANCE NO. 679 AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A DRAINAGE EASEMENT LOCATED WITHIN LOT 1, BLOCK 2, OWASSO MARKET II, 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 drainage easement; WHEREAS, said drainage easement is described as follows: A TRACT OF LAND THAT IS PART OF LOT 1, BLOCK 2, OWASSO MARKET II, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 2; THENCE S01°15'27E ALONG THE EASTERLY LINE OF SAID LOT 1, BLOCK 2 A DISTANCE OF 80.00 FEET; THENCE S88°44'33 "W PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 1, BLOCK 2 A DISTANCE OF 100.00 FEET TO A POINT ON THE WESTERLY LINE OF AN EXISTING 100 FOOT DRAINAGE EASEMENT; THENCE N01°15'27"W ALONG SAID WESTERLY LINE A DISTANCE OF 80.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1, BLOCK 2; THENCE N88°44'33 "E ALONG SAID NORTHERLY LINE A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The following described drainage easement, be, and the same is hereby closed to the public use, to -wit: A TRACT OF LAND THAT IS PART OF LOT 1, BLOCK 2, OWASSO MARKET II, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 2; THENCE S01°15'27E ALONG THE EASTERLY LINE OF SAID LOT 1, BLOCK 2 A DISTANCE OF 80.00 FEET; THENCE S88°44'33 "W PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 1, BLOCK 2 A DISTANCE OF 100.00 FEET TO A POINT ON THE WESTERLY LINE OF AN EXISTING 100 FOOT DRAINAGE EASEMENT; THENCE N01°15'27 "W ALONG SAID WESTERLY LINE A Q DISTANCE OF 80.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 1, BLOCK 2; THENCE N88°44'33 "E ALONG SAID NORTHERLY LINE A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND. 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 drainage 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 July 2001. City of Owasso, Oklahoma OFFICIAL Mary Lou Bamhouse, Mayor City AS TO FORM D. Cates, City Attorney MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: EASEMENT CLOSURE LOT 1, BLOCK 2, OWASSO MARKET II ORDINANCE NO. 679 DATE: July 10, 2001 Sack & Associates, agent for owner, has requested a partial closing of a drainage easement filed by separate instrument (Book 6431, Page 520) and located within Lot 1, Block 2, Owasso Market II. The Seayco Group wishes to locate a water storage tank to provide additional fire suppression capability for Lowe's at the subject location. The additional fire suppression capability is required to provide minimum fire safety standards for the type of use, particularly the large amount of stored of lumber. While this item has been reviewed previously by the fire marshal and building inspector, it has not been previously reviewed by Community Development. Since the last meeting of the City Council, staff has met with Seayco and their engineer, as well as the engineer for Lowe's, collectively, to develop answers to those questions previously asked by Councilors. Ms. Armstrong had requested assurance that the regrading of the portion of the drainage easement to be closed would not effect the function of the remaining easement and would not cause a stagnation of water at the location. It is staffs opinion this partial closing does not affect the designed drainage, as it was designed to go entirely underground at some point in the future. Also the "floor" of the swell is essentially bedrock so a minimal slope is required for proper drainage. A letter from Phil Lutz verifying Public Works' approval of the partial closing is attached for your review. Mr. Brogdon requested more information on the aesthetics of the proposed water tank as well as assurance that the owner of the future residential, located north of the subject property, was aware the tower will be located adjacent to their property. The applicant has provided color renderings of the proposed tank for your review. Staff spoke to Jerry Ledford, consultant to the property owner to the north. He stated he was not aware of the proposed tank and would inform his client. At this time, Mr. Ledford has not informed staff of his clients opinion regarding the tank location. An easement agreement between Seayco -THF and Lowe's allowing for the location and use of the water tank on Lot 1, Block 2, Owasso Market II exclusively for Lowe's has been fully executed and recorded with Tulsa County. A copy of this easement agreement is attached for your information and review. Staff has requested Seayco -THF also provide an easement covenant providing 1) that the water tank and the land within the easement shall not be conveyed separately from the Lowe's property and 2) that in the event the easement and tank become unnecessary, the tank will be dismantled and removed. The first draft of this covenant, currently titled "Deed Restriction" is attached for your review. Lowe's had begun construction of the water tank without the knowledge of staff. This construction including filling of the existing easement at the location of the tank. Once aware of this activity, staff issued a cease and desist order stopping all construction activity on the tank until the easement closing could be accomplished. The Owasso Planning Commission reviewed the requested easement closure at their June 12, 2001 regular meeting and unanimously recommended approval. If the closing request is approved by Council, Ordinance No. 679 will formally adopt that action. RECOMMENDATIONS Staff recommends approval of the partial closing of the recorded drainage easement (Book 6431, Page 520). Staff recommends approval of Ordinance No. 679. ATTACHMENTS 1. Ordinance No. 679 2. Location Map 3. Memo — Phil Lutz 4. Easement Agreement 5. Easement Covenant 6. Water Tank Rendering TO: DONNA SORRELLS CITY PLANNER THRU: F. ROBERT CARP, JR., P.E. DIRECTOR OF PUBLIC WORKS FROM: PHIL LUTZ, P.E. QpL ENGINEERING PROJECT MANAGER SUBJECT: STORMWATER DRAINAGE OWASSO MARKET H DATE: July 11, 2001 Recent proposed revisions to the Lowes site plan to include a fireflow storage tank have generated questions concerning the capability of the Owasso Market H stormwater drainage system to accommodate design flows and required detention. The tank is to be located at the upstream end of the existing drainage channel northwest of the Lowes building. Providing a pad site for the tank at this location required filling the upstream end of the existing stormwater drainage channel. Filling the upper portion of the channel (approximately 50 feet) will require extension of the 60 -inch stormdrain pipe which will be installed to transport runoff from the properties to the north. Prior to the development of the lot immediately west of the Lowes site (on the west side of the channel), it is proposed that the 60 -inch pipe be extended south, discharging into the existing detention pond, and the open channel be filled to provide access to the newly - developed lot. The following are offered to explain the effects (or lack thereof) of the tank site changes on the drainage system: 1. The open channel is a conduit for flows to the downstream detention pond and is not required for stormwater storage. The pond was sized to accommodate runoff up to and including the 500 -year event. Filling the channel will not affect the storage capability of the system. 2. The existing open channel is cut into monolithic sandstone with an invert grade of 0.7 %. We do not anticipate any degradation prior to the proposed future filling of the channel. 3. The 60-inch pipe is an over- sizing of what was actually required to facilitate runoff from the north. The design engineer (Sack & Associates) reports that the future extension of the pipe will be at a grade of 0.5% which will accommodate the 100 - year event with only minor surcharging in the upstream system. Jul 10 01 09:59 the seayoo group The SEAYCO Group, Inc Real Estate Development 101 North Main Street Bentonville, Arkansas 72712 TEL: (501) 464-4661 FAX: (501) 464-4670 FACSIMILE TRANSMISSION PLEASE FORWARD TO: FROM: DATE: RE: PAGES: 6 (Including Cover) Donna, Please review the attached Water Tank Easement between lows and . as you can see. the water tank easement runs the lowes park lot of which it is addressed and may contain information that is Privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or the agent responsible for delivering the message to the Intended recipient, please be notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have reoelved this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. IMPORTANT INFORMATION. PLEASE DELIVER IMMEDIATELY. Tulsa County Clerk - EARLENE WILSON Doc #01063207 Pgs 5 B/P 6541/1524-1528 Receipt # 517570 06/11/01 16:18:24 Fee 16.00 000517570027 WATER TANK EASEMENT (8) SEAYCO-THF Owasso Market L.L.C., a Missouri limited liability company ("Grantor"), for Ten and No/100 ($10.00) and other good and valuable consideration paid by lowe's Home Centers, Inc., a North Carolina Corporation ("Grantee"), whose address is Lowe's Home Center, Inc., Highway 268 East - East Dock, North Wilkesboro, North Carolina 28659, the receipt and adequacy of which consideration is bereby acknowledged, as GRANTED, BARGAINED, SOLD, ASSIGNED, TRANSPERRED, CONVEYED, AND DELIVERED and does by these present GRANT, BARGAIN, SELL, ASSIGN, TRANSFER, CONVEY, and DELIVER unto Grantee, its successors, and assigns, a non-exclusive easement upon, over, across, and through the following described property situated in Tulsa County, Oklahoma: See Exhibit A attached hereto and made a part hereof for all purposes (the "Easement Tract") The easement shall be permanent and shall be used for the purpose of construction, use and maintenance of a water tank and its appurtenances by Grantee on the Easement Tract, and shall be for the benefir of the land legally described on Exhbiit B attached hereto ("benefitted Propertty"), with respenct to which benefitted property grantee holds leasehold title. Grantee shall have all the rights and benefits necessary or apprpriate for the full enjoyment or use of the easement, including, without limitation, the free right of ingress and egress to and from the Easement Tract while Grantee is using the easement. Grantor reserves for Grantor and Grantor's successors and assigns the right to use and enjoy the easement area for any purpose which is not inconsistent with the easement rights granted herein and the restrictions heretofore specified, which such pruposes include but are not limited to dedication of other easements, decorative landscaping and paving for parking, private roadways and sidewalks; provided however that, notwithstanding anything herein which may be construded to the contrary, Grantor shall not construct any building on the surface of the Easement Tract. All such uses, including grants of easements to others over the Easement area, shall be subordinate to Grantee's rights herein conveyed. Grantee will attempt to perfor its scheduled construction work in such a fashion as not unreasonably interfere with ingress and egress to Grantor's property. This easement is accepted by Grantee with the understanding and on the condition that whenever it shall make any excavations in the above- described property Grantee shall restore the ground to as good or better condition then formerly existed. Grantor hereby binds itself to warrant and forever defend the title to the easement, the Easement Tract and associated rights unto the said grantee against every person whomsoever lawfully claiming or to claim the same or any part thereof. This easement shall rund with the land and be binding upon Grantor, Grantee, and each of their successors and assigns including the owner of the fee title to the Benefitted Property. Filed by Guaranty Abstract Company and returned to E127390 IN WITNESS WHEREOF, this instrument is executed this 30th day of April, 2001. State of Missouri ) By: THF Owasso Market, L.L.C., it manager By: Michael H. stacenberg, Manager On this, 30th day of April, 2001, before me appeared Michael H. Staenberg, to me personally known, who, being by me duly sworn, did say that he is the Manager of THF Owasso Market, L.L.C., which is the sole Manager of SEAYCO -THF Owasso Market L.L.C., and said person acknowledged the instrument to be the free act and deed of said SEAYCO -THF Owasso Market L.L.C. In testimony whereof, I have hereunto subscribed my name, and affixed my official sea] at St. Louis, Missouri, this, day of April, 2001 My Commission Expire 03 J After recording, return to: Mr. Abe Goren Wilson Cribbs Goren & Flaum, P.C. 2200 Lyric Centre 440 Louisiana Houston, Texas 77002 Client No. 4611 -083 JACQUELINE G. JACOBS Notary Public — Notary Sea] STATE OF MISSOURI St. Charles County My Commission Expires: Sept. 29, 2003 Exhibit "A" PROPOSED WATER TANK AND APPURTENANCES EASEMENT DESCRIPTION: A TRACT OF LAND BEING A PART LOT 1, BLOCK 2 OF THE OWASSO MARKET II SUBDIVISION, A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, RECORDED AS PLAT NUMBER 5508 OF THE PLAT RECORDS OF SAID COUNTY. SAID TRACT OF LAND BEING A PART OF THE SEl /4 OF THE SWI /4 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON NORTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID OWASSO MARKET II SUBDIVISION AND THE NORTHWEST CORNER OF LOT 2, BLOCK I OF THE OWASSO MARKET SUBDIVISION A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA RECORDED AS PLAT NUMBER 5373 OF THE PLAT RECORDS OF SAID COUNTY, SAID COMMON CORNER BEING ON THE SOUTH RIGHT OF WAY LINE OF EAST 98TH STREET NORTH (50' ROW); THENCE ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 1 S88°44'33 "W, 352.92 FEET; THENCE DEPARTING SAID NORTH LINE N01°15'27 "W, 50.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID EAST 98TH STREET NORTH; THENCE ALONG SAID NORTH RIGHT OF WAY LINE S88°44'33 "W, 480.91 FEET TO THE WEST RIGHT OF WAY LINE OF NORTH 119TH EAST AVENUE (50' ROW); THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE ALONG SAID WEST RIGHT OF WAY LINE S01°15'27 "E, 17.69 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST RIGHT OF WAY LINE S01°15'27 "E, 10.00 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE S88°44`33 "W, 12.50 FEET; THENCE S01015'27 "E, 66.89 FEET; THENCE N88°44'33 "E, 12.50 FEET TO THE WEST RIGHT OF WAY LINE OF SAID NORTH 119TH EAST AVENUE; THENCE ALONG SAID WEST RIGHT OF WAY LINE S01°15'27 "E, 20.00 FEET, THENCE DEPARTING SAID WEST RIGHT OF WAY LINE S88 044'33 "W, 30.00 FEET; THENCE N01°15'27 "W, 10.00 FEET; THENCE S88°44'33 "W, 57.50 FEET; THENCE N01°15'27 "W, 93.39 FEET; THENCE N88°4433 "E, 75.00 FEET; THENCE S01°15'27E, 6.50 FEET; THENCE N88°44'33 "E, 12.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 7,554 SQUARE FEET OR 0.173 ACRES, MORE OR LESS, PROPOSED WATER TANK AND APPURTENANCES EASEMENT DESCRIPTION: A TRACT OF LAND BEING A PART LOT 1, BLOCK 2 OF THE OWASSO MARKET II SUBDIVISION. A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, RECORDED AS PLAT NUMBER 5508 OF THE PLAT RECORDS OF SAID COUNTY. SAID TRACT OF LAND BEING A PART OF THE SE1/4 OF THE SW1/4 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON NORTHEAST CORNER OF LOT 1, BLOCK 1 OF SAID OWASSO MARKET II SUBDIVISION AND THE NORTHWEST CORNER OF LOT 2, BLOCK 1 OF THE OWASSO MARKET SUDIVISION A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA RECORDED AS PLAT NUMBER 5373 OF THE PLAT RECORDED OF SAID COUNTY, SAID COMMON CORNER BEING ON THE SOUTH RIGHT OF WAY LINE OF EAST 98TH STREET NORTH (50' ROW) ; THENCE ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 1 S88°44'33"W, 352.92 FEET; THENCE, DEPARTING SAID NORTH LINE N01°15'27"W, 50.00 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID EAST 98TH STREET NORTH: THENCE ALONG SAID NORTH RIHT OF WAY LINE S88°44'33"W 480.91 FEET TO THE WEST RIGHT OF WAY LINE OF NORTH 119TH EAST AVENUE (50' ROW); THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE ALONG SAID WEST RIGHT OW WAY LINE S01°15'27"E. 10.00 FEET; THENCE DEPARTING SAID WEST RIGHT OF WAY LINE S88°44'33"W. 12.50 FEET; THENCE S01°15'27"E, 66.89 FEET; THENCE N88°44'33"E. 12.50 FEET TO THE WEST RIGHT OF WAY LINE AND SAID NORTH 119TH EAST AVENUE; THENCE ALONG SAID WEST RIGHT OF WAY LINE 01°15'27"W. 30.00 FEET; THENCE N01°15'27"W. 10.00 FEET; THENCE S 88°44'33"W. 57.50 FEET; THENCE N01°15'27"W. 93.39 FEET; THENCE N88°44'33"E, 75.00 FEET; THENCE S 01°15'272"E, 6.50 FEET; THENCE N88°44'33"E. 12.50 FEET TO THE POINT OF BEGINNING AND CONTAINING 7,554 SQUARE FEET OR 0.173 ACRES, MORE OR LESS. the seayco group 501- 464 -4670 p.6 Exhibit "B" Owasso OK, Lowe's Site Lot One (1), Block One (1), OWASSO MARKET 11, a Subdivision in the City of Owasso, Tulsa County, State of Oklahoma, according to the Recorded Plat thereof. Jul 11 01 12:52p the seayco group The SEAYCO Group, Inc Real Estate Development 101 North Main Street Bentonville, Arkansas 72712 TEL: (501) 464-4661 FAX: (501) 464-4670 FACSIMILE TRANSMISSION PLEASE FORWARD TO: FROM: DATE: VI-1 I to I o 1 RE: PAGES: / (Including Cover) This message is intended only for the use of the individual to which it is addressed and may contain information that is Privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or the agent responsible for delivering the message to the intended recipient, please be notified that any dissemination, distribution or copying of this communication Is strictly prohibited, if you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. postal Service. Thank you. IMPORTANT INFORMATION. PLEASE DELIVER IMMEDIATELY. Jul 11 01 12:52p the seayco group DEED RESTRICTION 501- 464 -4670 p.2 THIS DEED RESTRICTION ( "Restriction ") is executed as of this ^ day of July, 2001 by SEAYCO -THF OWASSO MARKET, L.L.C., a Missouri limited liability company ( "Owner "). WHEREAS, Owner owns a certain parcel of property legally described on Exhibit A attached hereto ( "Owner's Parcel'); and WHEREAS, Owner has granted to Lowe's Home Centers, Inc. ( "Lowe's) a permanent casement, dated as of April 30, 2001, recorded on June 11, 2001, in Book 6541, page 1524 of the Tulsa County, Oklahoma's Clerk's Office ( "Easement ") for the purpose of constructing, using and maintaining a water tank over the area shown cross - hatched and legally described on Exhibit B attached hereto ( "Easement Area" ); and WHEREAS, Owner wishes to place this Restriction of record to make clear that the Easement Area and the Easement shall benefit the property described on Exhibit C attached hereto ( "Lowe's Parcel ") and shall run with the Lowe's Parcel and to any successors and assigns of Lowe's. NOW THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby declares that the Easement Area and Easement shall at all times run with title to the Lowe's ParceL Owner agrees that at such time as the Easement Area is no lodger intended to be used to serve any portion of the Owasso Market shopping center, then Owner shall demolish and remove the water tank located thereon. IN WITNESS WHEREOF, this Restriction is entered into as of this day and year first above written. SEAYCO -THF OWASSO MARKET L.L.C. By: THF Owasso Market, L.L.C., its Manager By: Michael H. Staenberg, Manager Jul 11 01 12:52p the seayco group 501- 464 -4670 p.3 STATE OF MISSOURI COUNTY OF ST. LOUIS j SS On this - day of 2001, before me appeared Michael H. Staenberg, to known, me personally own, who, being by me duly sworn, did say that he is the Manager of THE Owasso Market, L.L.C., which is the sole Manager of SEAYCO-THF Owasso Market L.L.C., and said person acknowledged the instrument to be the free act and deed of said SEAYCO -THF Owasso Market L.L.C. IN TESTIMONY WHEREOF, I have hereunto subscribed my name, and affixed my official seal at St. Louis, Missouri, this _ day of 2001. NOTARY PUBLIC My Commission Expires: Jul 11 01 12:53p the seayco group 501- 464 -4670 p.4 EXHIBIT A OWNER'S PARCEL Lot 1 in Block 2 of "Owasso Market 11" (Plat No. 5508), a resubdivision of Lots 3, 4, 5, 6 and 7 in Block I of "Owasso Market" (Plat No. 5373) in the City of Owasso, Tulsa County, Oklahoma. Jul 11 01 12:53p the seayco group 501- 464 -4670 p.6 EXHIBIT C LOWE'S PARCEL Lot 1 in Block I of "Owasso Market II" (Plat No. 5508), a resubdivision of Lots 3, 4, 5, 6 and 7 in Block 1 of "Owasso Market" (Plat No. 5373) in the City of Owasso, Tulsa County, Oklahoma.