HomeMy WebLinkAbout711_Closing Utility Easement Lot 33 Block 5_Country Estates IVTulsa County Clerk EARLENE WILSON
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Receipt 59337 07/08/02 000593377007
Fee 15.00
CITY OF OWASSO
ORDINANCE NO. 711
AN ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A
UTILITY EASEMENT LOCATED WITHIN LOT 33, BLOCK 5, COUNTRY
ESTATES IV ADDITION, AN ADDITION TO THE CITY OF OWASSO,
TULSA COUNTY, STATE OF OKALHOMA, 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:
The northeastern most 5' of the southwesterly 11' utility easement of Lot 33, Block 5,
Country Estates IV Addition to the City of Owasso.
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 TCI Cable Television Company; and,
WHEREAS, the above holders of franchise or purported holders of a franchise that may
purIt rt 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,
Section 1. The following described utility easement, be, and the same is hereby closed to the
public use, to-wit:
The northeastern most 5' of the southwesterly 1l' utility easement of Lot 33, Block 5,
Country Estates IV Addition to the City of Owasso.
Section 2. The municipality shall retain the absolute right to reopen the public way or
easement without expense to the municipality. Closing to 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.All ordinances or parts of ordinances in conflict herewith be, and the same are
hereby expressly repealed.
PASSED AND APPROVED this 14th day of May, 2002.
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY ROONEY
ASSISTANT CITY MANAGER
SUBJECT: PARTIAL EASEMENT CLOSING REQUEST
LOT 33, BLOCK 5, COUNTRY ESTATES IV
ORDINANCE NO. 711
DATE: May 15, 2002
BACKGROUND:
The City of Owasso has received a request for the closing of a portion of a utility easement described
as the northeasterly five feet of the southwesterly 11 foot utility easement located on Lot 33, Block 5,
Country Estates IV Addition. The subject property is currently developed with a single - family
dwelling; however no utilities are located within that portion of the utility easement that the applicant
is seeking to be closed. A location map has been attached for your information and review.
The applicant is seeking partial closure of the easement in order to construct an in- ground swimming
pool in the rear yard. The site plan, also attached for your information and review, indicates that an
eyebrow of the kidney shaped pool would encroach into the platted 11 foot utility easement. Please
note, however, that the in- ground pool must remain a minimum of 6 feet from the rear property line,
meaning that only 5 feet of the utility easement could be closed.
Requests for input from the Technical Advisory Committee were sent via the TAC Agenda packet to
SW Bell, Cox Cable, AEP, and ONG; as well as city utilities. The TAC meeting was conducted on
May 1, 2002 at 2:00 PM in the Main Conference Room at City Hall. No comments were received
regarding the partial easement closing at that meeting other than the proposed pool maintaining the
required setback of 6 feet from the rear property line.
On Monday, May 13, 2002, the Owasso Planning Commission unanimously approved the request to
close the northeastern most 5' of the southwesterly 11' utility easement on Lot 33, Block 5, Country
Estates IV. Ordinance No. 711, attached for your review, would allow the Council to close that
portion of the utility easement.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 711, thus closing the northeasterly 5 feet of the
southwesterly 11 foot utility easement on Lot 33, Block 5, Country Estates IV.
ATTACHMENTS:
1. Copy of the Country Estates IV plat
2. Copy of Mortgage Inspection Certificate
3. Copy of Site Plan
4. Ordinance No. 711
Scele: I' =56
REGISTERED LAND SURVEYOR'S
MORTGAGE INSPECTION CERTIFICATE
LEGEND
WE -U1111 Easement
For: Guaranty Abstract Company
W.O. 13807 Bk. 01 -209 Pg. 56 Invoice No, 20900
File No. E- 133061 Lender: Crews Mortgage Company
Note: Five foot underground electric easement from electric main to metering point at
service entrance to dwelling.
Note: Subject Property lies in Unshaded Zone X according to the FIRM Community Panel No.
40143CO228-H Dated: 9- 22 -99.
Owner: Catherine S. Fisher
Address: 10756 Fast 120th Court North., Collinsville, Oklahoma 74021
Description: -Lot .Thirty -three (33), Block Five (5), COUNTRY :.STATES IV; an Addition to
the City of Owasso, 4`u.lsa County, State of Oklahoma, according to the Recorded Plat
thereof.
P.iat No, 5427
MORTGAGE INSPECTION CERTIFICATE::
1 RODGER G. RAGSDALE, A PROFESSIONAL LAND SURVEYOR REGISTERED IN THE STATE OF OW.AHOMA, HEREBY CERTIFY THAT THIS
MORTGAGE INSPECTION CERTIFICATE M PREPARED FOR:
Guaranty Abstract Company /Crews Mortgage Company
AND THAT THIS I:3 NOT A LAND OR BOUNDARY SURVEY PLAT, AND THAT THIS PLAT IS NOT TO Be RELIED UPON FOR THE ESTABLISHMENT OF
FENCE, BUILDING OR OTHER FUTURE IMPROVEMENT UNFR, FENCES. IF SHOWN, ARE FOR REFERENCE ONLY, ACTUAL LOCATIONS REQUIRE A
BOUNDARY SURVEY. NO EFFORT' HAS BEEN MADE TO SEARCH THE RECORDS OF THE COUNTY CLERK'S OR OTHER GOVERNMENT OFFICE.
ANY E43EMENT OR RIGHTS OF WAY SHOWN OR NOTED IS PER SUBDIVISION PLAT OR A SPECIFICALLY PROVIDED BY THE LENDER TO THE
EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY F
WITNESS MY HAND AND SEAL THIS 3rd DAYDF August 2001
RODGER G. :
RAGSM -E
ASSOCIATED SURVEYORS, L.L.C.
COUNTRY ESTATES IV