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HomeMy WebLinkAbout726_Closing Utility Easement Lots 7 & 8 Block 1_Nichols HeightsTulsa County Clerk - EARLENE WILSON Doc# 02165627614512/30 /0216905/3334 -2534 328 Pg6225 Receipt # : Fee 13.00 000627614010 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 726 AN ORDINANCE CLOSING TO THE PUBLIC USE, A UTILITY EASEMENT LOCATED WITHIN A PORTION OF LOT 7, BLOCK 1, AND LOT 8, BLOCK 1, NICHOLS HEIGHTS, 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 REPLEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain utility easement; WHEREAS, said utility easement is described as follows: The eastern 5' utility easement of Lot 8, Block 1, and the western 5' of Lot 7, Block 1, Nichols Heights Addition, an Addition to the City of Owasso, Tulsa County, Oklahoma. WHEREAS, pursuant to Title 11, 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 ili easement are Public Service Company of Oklahoma, and/or Oklahoma Natural C) Cn 75 Gas Company, and/or Southwestern Bell Telephone Company, and/or Cox Communications Company, 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, Section 1. The following described utility easement, be, and the same is hereby closed to the public use, to-wit: The eastern 5' utility easement of Lot 8, Block 1, and the western 5' of Lot 7, Block 1, Nichols Heights Addition, an Addition to the City of Owasso, Tulsa County, Oklahoma. 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. , City Clerk TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: EASEMENT CLOSING REQUEST LOT (S) 7 & 8, BLOCK 1, NICHOLS HEIGHTS ADDITION ORDINANCE NO. 726 DATE: November 12, 2002 BACKGROUND: The City of Owasso has received a request for the closing of a utility easement from Greg Wyley, applicant, on behalf of Bob Ary, owner. More specifically, the applicant is requesting to close a utility easement described as the eastern 5' utility easement of Lot 8, Block 1, and the western 5' utility easement of Lot 7, Block 1, Nichols Heights Addition. The subject property is located on the southeast corner of the 86th Street N. and Main Street intersection. A general area map is included with your packet. ANALYSIS: The applicant is requesting this easement closure in order to demolish the existing structure and construct a new automotive facility on the subject property. Staff feels that it is in the best interest of the City to approve the easement closure and welcome the opportunity to revitalize this high intensity commercial corner. And, although the City's Public Works Department had maintained the easement for purposes of locating a sanitary sewer line, the line has been abandoned. Included with your packet is a letter from the City Engineer stating that the line located within the easement has been abandoned by the City of Owasso. TECHNICAL ADVISORY COMMITTEE: Requests for input from the Technical Advisory Committee were sent via the TAC Agenda packet to SW Bell, Cox Cable, PSO, and ONG; as well as City utilities. The TAC meeting was held on October 30, 2002 at 2:00 p.m. in the Main Conference Room at City Hall. No comments were received regarding the easement closing at that meeting. EASEMENT CLOSING REQUEST NOVEMBER 12, 2002 PAGE PLANNING COMMISSION: On Monday, November 11, 2002, the Owasso Planning Commission unanimously approved the request. Ordinance No. 726, attached for your review, would allow the Council to close the above - described utility easement. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 726, thus closing the eastern 5' utility easement of Lot 8, Block 1, and the western 5' utility easement of Lot 7, Block 1, Nichols Heights Addition subject to the following condition: 1. The applicant provides a copy of the official easement closure prior to the issuance of building permits. ATTACHMENTS: 1. General Area Map. 2. Easement Closure Petition. 3. Planning Commission Staff Report. 4. Letter from Public Works. 5. Ordinance No. 726. BODENHAMER & LEVINSON, P.C. 1743 EAST 715T STREET TULSA, OKLAHOMA 74136 -5108 LEE I. LEVINSON TELEPHONE DANNY C. WILLIAMS (918) 492 -4433 E. ROBERT Buss FAX (918) 492 -6224 KATRINA S. BODENHAMER OF COUNSEL: KENNETH D. BODENH MER KENNY JOE SMITH October 1, 2002 Mr. Robert Moore City Planner City of Owasso Via Hand Delivery RE: Vacation of Platted Easement in Nichols Heights Bob Ary Dear Mr. Moore: E -MAIL: rbuss @sbcglobal.net Pursuant to our discussions, please accept this letter as our request for an ordinance closing the platted utility easement lying on the East side of Lot 8 and the West side of Lot 7, Block 1, Nichols Heights Addition. Enclosed for your reference you will find a copy of the Plat and $25.00 application fee. Greg Wylie will provide you with a copy of a boundary survey depicting the location of the easements. It is my understanding the Mr. Wylie has discussed this matter with Phil Lutz and that the City does not have any objection to closing these easements. If you have any questions, please do not hesitate to contact me. Very truly yours, Bodenhamer & Levinson, P.C. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT EASEMENT CLOSURE (Greg Wylie) STAFF REPORT BACKGROUND The City of Owasso has received a request from Greg Wyley, applicant, on behalf of Bob Ary, owner, for the closing of the western 5' utility easement of Lot 8, Block 1, and the eastern 5' utility easement of Lot 7, Block 1, Nichols Heights Addition. The subject property is located on the southeast corner of the 86' Street N. and Main Street intersection. A site plan and a general area map are included with your packet. LOCATION The subject property is located on the southeast corner of the 86th Street N. and Main Street intersection, further described as Lots 7 & 8, Block 1, Nichols Heights, Owasso, OK. EXISTING LAND USE Retail - Automotive Center SURROUNDING LAND USE North: Vacant South: Residential - Single Family East: Residential - Single Family West: Vacant - (Future mini- storage units) PRESENT ZONING CG (Commercial General District) SURROUNDING ZONING North: CG (Commercial General District) South: RS -3 (Residential Single Family District) East: RS -3 (Residential Single Family District) West: CG (Commercial General District) The subject property is zoned CG (Commercial General District). According to the City of Owasso Zoning Code, an automotive center falls within Use Unit 17 (Automotive and Allied Activities) and is permitted by right. ANALYSIS The applicant is requesting this easement closure in order to demolish the existing structure and construct a new automotive facility on the subject property. Apparent to staff is the fact that without the approved easement closure, the proposed structure would encroach the existing easement. Staff feels that it is in the best interest of the City to approve the easement closure and welcome the opportunity to revitalize this high intensity commercial corner. Staff has consulted with interested City departments concerning the easement closure. And, although at one time the City's Public Works Department did maintain the easement for purposes of locating a sanitary sewer line, staff has been informed that the line has been abandoned. For your information and review, I have attached a copy of a letter sent to the applicant by the City Engineer. If approved by the Planning Commission, this item does require City Council Action. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the site plan at their September 25, 2002 regular meeting. At that meeting, the following comments were noted. 1. The City of Owasso City Council must approve the easement closure. 2. Prior to the issuance of building permits, the applicant provides an official copy of the easement closure to the Community Development Department. Staff recommends conditional approval of the request to close the western 5' utility easement of Lot 8, Block 1, and the eastern 5' utility easement of Lot 7, Block 1, Nichols Heights Addition subject to the conditions below. 1. The City of Owasso City Council approves the easement closure. 2. Prior to the issuance of building permits, the applicant provides an official copy of the easement closure to the Community Development Department. ATTACHMENTS 1. General Area Map 2. Easement Closure Application 3. Letter from Mr. Phil Lutz, City of Owasso Engineer City of Owasso Public Works Department 301 West 2nd Avenue P.O. Box 180 Owasso, OK 74055 October 1, 2002 Gregg Wylie Construction SUBJECT: Vacation of Utility Easement Block 1, Lots 7 & 8 Nichols Heights, Owasso, Oklahoma Dear Mr. Wylie: (918) 272-4959 FAX (918) 272 -4996 This letter is to inform you that vacation of the five- foot -wide utility easements at the east perimeter of Lot 7 and the west side of Lot 8 is acceptable to the city. The existing sanitary sewer line currently located within the Lot 7 easement has been abandoned. There are no other utilities within the Lot 8 easement. PUBLIC WORKS DEPARMENT Manager cc: Public Works Director BODENHAMER & LEVINSON, P.C. 1743 EAST 7117 STREET TULSA, OKLAHOMA 74136 -5108 LEE I. LEVINSON DANNY C. WILLIAMS E. ROBERT BUSS KATRINA S. BODENHAMER Of COUNSEL: KENNETH D. BODENHANIER KENNYJOESMITH October 1, 2002 Mr. Robert Moore City Planner City of Owasso Via Hand Delivery RE: Vacation of Platted Easement in Nichols Heights Bob Ary Dear Mr. Moore: TELEPHONE (918) 492 -4433 FAX(918)492 -6224 E -MAIL: rbuss@sbcglobal.net Pursuant to our discussions, please accept this letter as our request for an ordinance closing the platted utility easement lying on the East side of Lot 8 and the West side of Lot 7, Block 1, Nichols Heights Addition. Enclosed for your reference you will find a copy of the Plat and $25.00 application fee. Greg Wylie will provide you with a copy of a boundary survey depicting the location of the easements. It is my understanding the Mr. Wylie has discussed this matter with Phil Lutz and that the City does not have any objection to closing these easements. If you have any questions, please do not hesitate to contact me. Very truly yours, Bodenhamer & Levinson, P.C. cc: Bob Ary, w/o enc.