HomeMy WebLinkAbout705_Closing Utility Easement_Country Estates IVTulsa County Clerk — EARLENE WILSON
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Receipt #
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CITY OF OWASSO
ORDINAINCE NO. 705
AN ORDINANCE CLOSING TO THE PUBLIC USE CERTAIN UTILITY
EASEMENTS LOCATED WITHIN COUNTY ESTATES IV, AN ADDITION TO
THE CITY OF OWASSO, TULSA COUNTY, STATE OF OWASSO, 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 Owasoo, Oklahoma, has deemed it necessary and expedient to
close to public use a portion of a certain drainage easement;
WHEREAS, said utility easements are described as follows:
A STRIP, PIECE OR PARCEL OF LAND, 15 FEET IN WIDTH, SITUATED IN
COUNTRY ESTATES IV, AN ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT S71°10'46"E A DISTANCE OF 9.57 FEET FROM THE
NORTHWEST CORNER OF LOT 15, BLOCK 3, COUNTRY ESTATES IV; THENCE
S44°00'00"E ALONG THE NORTHERLY LINE OF THE UTILITY EASEMENT
DESCRIBED IN BOOK 3926, PAGE 245 A DISTANCE OF 719.18 FEET; THENCE
N53°24'25"E ALONG THE WESTERLY LINE OF SAID UTLITY EASEMENT A
DISTANCE OF 98.56 FEET; THENCE N 46°00'00"E ALONG SAID WESTERLY
LINE A DISTANCE OF 462.27 FEET; THENCE S44°00'00"E A DISTANCE OF 15.00
FEET; THENCE S46°00'00"W PARALLEL TO SAID WESTERLY LINE A
DISTANCE OF 463.24 FEET; THENCE S53°24'25"W PARALLEL TO SAID
WESTERLY LINE A DISTANCE OF 114.65 FEET; THENCE N36°35'35"W A
DISTANCE OF 14.95 FEET; THENCE N 44°00'00"W PARALLEL TO THE
NORTHERLY LINE OF SAID UTILITY EASEMENT A DISTANCE OF 711.36
FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 5664.65
FEET AND A CENTRAL ANGLE OF 00°09'47" A DISTANCE OF 16.13 FEET TO
THE POINT OF BEGINNING.
AND
A STRIP, PIECE OR PARCEL OF LAND, 10 FEET IN WIDTH, SITUATED IN
COUNTRY ESTATES IV, AN ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT S36°40'04"W A DISTANCE OF 70.86 FEET FROM THE
NORTHWEST CORNER OF THE DETENTION AREA AT COUNTRY ESTATES IV;
THENCE S59°28'43"E PARALLEL TO THE SOUTHERLY LINE OF THE UTILITY
EASEMENT DESCRIBED IN BOOK 3926 AT PAGE 247 A DISTANCE OF 76.96
FEET; THENCE S 44°00'00"E PARALLEL TO SAID SOUTHERLY LINE A
DISTANCE OF 1003.20 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
COUNTRY ESTATE IV; THENCE S 46°42'49"W ALONG SAID EASTERLY
BOUNDARY A DISTANCE OF 10.00 FEET; THENCE N 44°00'00"W ALONG SAID
SOUTHERLY LINE OF SAID UTILITY EASEMENT A DISTANCE OF 1001.72
FEET; THENCE N59°28'43"W ALONG SAID SOUTHERLY LINE A DISTANCE OF
75.61 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF
5664.65 FEET AND CENTRAL ANGLE OF 00°06'04" A DISTANCE OF 10.00 T
THE POINT OF BEGINNING.
AND
A STRIP, PIECE OR PARCEL OF LAND SITUATED IN COUNTRY ESTATES IV,
AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 3, COUNTRY
EASTATES IV; THENCE N15°42'28"E ALONG THE WESTERLY BOUNDARY OF
COUNTRY ESTATES IV A DISTANCE OF 135.82 FEET; T HENCE ALONG A
CURVE TO THE RIGHT ALONG SAID WESTERLY BOUNDARY WITH A
RADIUS OF 5743.83 FEET AND A CENTRAL ANGLE OF 15°54'15" A DISTANCE
OF 1594.38 FEET; THENCE N31°31'32"E ALONG SAID WESTERLY BOUNDARY
OF COUNTRY ESTATES IV A DISTANCE OF 7.81FEET; THENCE S31°31'32"W
PARALLEL TO SAID WESTERLY BOUNDARY AND PARALLEL TO THE
WESTERLY LINE OF THE UTILITY EASEMENT DESCRIBED IN BOOK 3926 AT
PAGE 247 A DISTANCEOF 178.87 FEET; THENCE ALONG A CURVE TO THE
LEFT THAT IS PARALLEL TO SAID WESTERLY LINE OF SAID UTLITY
EASEMENT WITH A RADIUS OF 5664.65 AND A CENTRAL ANGLE OF 16°00'21"
A DISTANCE OF 1582.45 FEET; THENCE S15°31'11"W PARALLEL TO SAID
WESTERLY LINE A DISTANCE OF 148.43 FEET TO A POINT ON THE
COUTHERLY BOUNDARY OF COUNTRY ESTATES IV; THENCE N74°28'49"W
ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 14.10 FEET TO THE
POINT OF BEGINNING.
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:
A STRIP, PIECE OR PARCEL OF LAND, 15 FEET IN WIDTH, SITUATED IN
COUNTRY ESTATES IV, AND ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT S71°10'46"E A DISTANCE OF 9.57 FEET FROM THE
NORTHWEST CORNER OF LOT 15, BLOCK 3, COUNTRY ESTATES IV; THENCE
S44°00'00"E ALONG THE WESTERLY LINE OF SAID UTILITY EASEMENT A
DISTANCE OF 98.56 FEET; THENCE N46°00'00"E ALONG SAID WESTERLY
LINE A DISTANCE OF 462.27 FEET; THENCE S44°00'00"E A DISTANCE OF 15.00
FEET; THENCE S46°00'00"W PARALLEL TO SAID WESTERLY LINE A
DISTANCE OF 463.24 FEET; THENCE S53°24'25"W A PARALLEL TO SAID
WESTERLY LINE A DISTANCE OF 114.65 FEET; THENCE N36°35'35"W A
DISTANCE OF 14.95 FEET; THENCE N44°00'00"W PARALLEL TO THE
NORTHERLY LINE OF SAID UTILITY EASEMENT A DISTANCE OF 711.36
FEET; THENCE ALONG A CURVE TO THE RIGTH WITH A RADIUS OF 5664.65
FEET AND A CENTRAL ANGLE OF 00°09'47" A DISTANCE OF 16.13 FEET TO
THE POINT OF BEGINNING.
AND
A STRIP,PIECE OR PARCEL OF LAND, 10 FEET IN WIDTH, SITUATED IN
COUNTRY ESTATES IV, AND ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF, MORE PATICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT S36°40'04"W A DISTANCE OF 70.86 FEET FROM THE
NORTHWEST CORNER OF THE DETENTION AREA AT COUNTRY ESTATES IV;
THENCE S59°28'43"E PARALLEL TO THE SOUTHERLY LINE OF THE UTILITY
EASEMENT DESCRIBED IN BOOK 3926 AT PAGE 247 A DISTANCE OF 76.96
FEET; THENCE S44°00'00"E PARALLEL TO SAID SOUTHERLY LINE A
DISTANCE OF 1003.20 FEET TO A POINT ON THE EASTERLY BOUNDARY OF
COUNTRY ESTATE IV; THENCE S46°42'49"W ALONG SAID EASTERLY
BOUNDARY A DISTANCE OF 10.00 FEET; THENCE N44°00'00"W ALONG SAID
SOUTHERLY LINE OF SAID UTILITY EASEMENT A DISTANCE OF 1001.72
FEET; THENCE N59°28'43"W ALONG SAID SOUTHERLY LINE A DISTANCE OF
75.61 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF
5664.65 FEET AND A CENTRAL ANGLE OF 00°06'04" A DISTANCE OF 10.00 TO
THE POINT OF BEGINNING.
AND
A STRIP,PIECE OR PARCEL OF LAND SITUATED IN COUNTRY ESTATES IV,
AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF
OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 3, COUNTRY
ESTATES IV; THENCE N15°42'28"E ALONG THE WESTERLY BOUNDARY OF
COUNTRY ESTATES IV A DISTANCE OF 135.82 FEET; THENCE ALONG A
CURVE TO THE RIGHT ALONG SAID WESTERLY BOUNDARY WITH A
RADIUS OF 5743.83 FEET AND A CENTRAL ANNGLE OF 15°54'15" A DISTANCE
OF 1594.38 FEET; THENCE N31°31'32"E ALONG SAID WESTERLY BOUNDARY
OF COUNTRY ESTATES IV A DISTANCE OF 7.81 FEET; THENCE S31°31'32"W
PARALLEL TO SAID WESTERLY BOUNDARY AND PARALLEL TO THE
WESTERLY LINE OF THE UTLITY EASEMENT DESCRIBED IN BOOK 3926 AT
PAGE 247 A DISTANCE OF 178.87 FEET; THENCE ALONG A CURVE TO THE
LEFT THAT IS PARALLEL TO SAID WESTERLY LINE OF SAID UTLITY
EASEMENT WITH A RADIUS OF 5664.65 AND A CENTRAL ANGLE OF 16°00'21"
A DISTANCE OF 1582.45 FEET; THENCE S15°31'11"W PARALLEL TO SAID
WESTERLY LINE A DISTANCE OF 148.43 FEET TO A POINT ON THE
COUTHERLY BOUNDARY OF COUNTRY ESTATES IV; THENCE N74°28'49"W
ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 14.10 FEET TO THE
POINT OF BEGINNING.
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 casement 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 sarne, are
hereby expressly repealed.
PASSED AND APPROVED this 19th day of March 2002
City of Owasso, Oklahoma
Mary Lod Barnhouse, Mayor
ATTEST
MarciBoutwell, City Cl&rk
ZAPPED AS TO FORM
Ronald D. Cates, City Attorney
TO: HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: STAN EWING, DIRECTOR OF
COMMUNITY & ECONOMIC DEVELOPMENT
SUBJECT: EASEMENT CLOSURE
COUNTRY ESTATES IV
ORDINANCE NO. 705
DATE: March 13, 2002
BACKGROUND
Chamey & Chamey is requesting review of a closing of certain utility easements as recorded in
the office of the Tulsa County Clerk in Book 3926, Page 245 -255 and located within Country
Estates IV, an addition to the Citty of Owasso, Tulsa County, State of Oklahoma. The subject
property is located north of E.116th Street N. and west of N. Garnett Road.
The subject existing utility easements were recorded May 22, 1970. The property at that time
was unimproved and the motivation for the dedication is unclear. However, during the platting
of Country Estates IV utility easements that are appropriate for the subdivision were dedicated.
The subject easements to be closed have, apparently never contained facilities of any type.
The Owasso Technical Advisory Committee reviewed the closing request at the February 27,
2002 regular meeting. No comments regarding the easement closing were recorded. Each public
utility provider has provided signed certificates stating they have no objection to the closing.
Copies of the certificates of approval are attached for your information and review.
The Owasso Planning Commission reviewed the requested partial easement closure at the March
12, 2002 regular meeting and unanimously recommended approval.
If the requested closing is approved by Council, Ordinance No. 705 will formally adopt that
action.
RECOMMENDATIONS
Staff recommends approval of the closing of the recorded utility easements (Book 3926, Page 245-
255).
Staff recommends approval of Ordinance No. 705.
ATTACHMENTS
Location Map
Utility Easements (Book 3926, Page 245 -255).
Utility Provider Releases
Ordinance No. 705
LOCATION MAP
COUNTRY
ESTATES
FROM : BENCHMARK SUP.UE'rING FAX NO. :3416067 Feb. 12 2002 11:44AM P3
EASEME
Exhibit of
Easements to be Vacated
Country Estates IV
AN ADDITION TO THE CITY OF OWASSO
TULSA COUNTY, OKLAHOMA
Benchmark Surveying and Land
73479
utility easement
CERTIFICATE OF APPROVAL
S official representative of
utility provider the City of Owasso, hereby certify that we have no objection to the
proposed closing of the utility easements as recorded in Book 3926, Page 245 -255, and located
within Co states IV, asso Oklahoma.
Signed. Date: