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HomeMy WebLinkAbout731_Partially Closing Utility Easement Lot 43 Blcok 6_Sawgrass ParkTulsa County Clerk - EARLENE WILSON Doc# 03025691 Pgs 6944/0191-0191 Receipt # 638786 02/25/03 1254:29 Fee 13.00 4:E00063878600 4A CITY OF OWASSO ORDINANCE NO. 731 ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED WITHIN A PORTION OF LOT 43, BLOCK 6, SAWGRASS PARK AT BAILEY RANCH ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCE 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 northern V of the southern 11' utility easement of Lot 43, Block 6, Sawgrass Park at Bailey Ranch Addition to the City of Owasso. 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 easement are Public Service Company of Oklahoma, and/or Oklahoma Natural 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 northern V of the southern 11' utility easement of Lot 43, Block 6, Sawgrass Park at Bailey Ranch 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 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. That all ordinances or parts of ordinances in conflict herewith be, and the same hereby e ly repealed. APPROVED this 17th day of December, 2002. MarcN,Boutwell, City clerk City of Owassp;Oklahoma Michael Helm, Mayor MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: PARTIAL EASEMENT CLOSURE SIMMONS HOMES ORDINANCE # 731 DATE: December 9, 2002 BACKGROUND: The City of Owasso has received a request for the closing of the northern 2' feet of the southern 11' foot utility easement for Lot 43, Block 6, Sawgrass Park at Bailey Ranch. The subject property is located approximately 125 feet north of the E. 103'd St. N. and N. 115d' East Ave. intersection, further described as 10305 N. 115" East Ave. A general area map and plot plan have been attached for your information and review. ANALYSIS: Staff was informed that the applicant is requesting the closure based on the incorrect placement of a single family structure within the easement. The encroachment was made primarily out of confusion between the easement location and the RS -3 (Residential Single Family High Density District) setback requirements. The structure actually encroaches the easement by 1' foot, not the 2' feet requested in the easement closure application. Staff is supportive of the application simply because the request if approved, would still meet the PUD/RS -3 setback requirements. If the application were approved as originally submitted, the applicant would be required to receive additional approval from the City of Owasso Board of Adjustment. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the application at their November 27, 2002 regular meeting. At that meeting the following comments were received. 1. The City of Owasso City Council must approve the application. 2. The applicant must provide an official copy of the easement closure to the Community Development Department. 3. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. PLANNING COMMISSION: On Monday, December 9, 2002, the Owasso Planning Commission unanimously recommended approval of the request to close the northern 1' foot utility easement of Lot 43, Block 6, Sawgrass Park at Bailey Ranch. Ordinance No. 731, attached for your review, would allow the Council to close the above described utility easement. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 731, thus closing the northern 1' foot utility easement of Lot 43, Block 6, Sawgrass Park at Bailey Ranch subject to the following conditions: 1. The applicant must provide an official copy of the easement closure to the Community Development Department. 2. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. ATTACHMENTS: 1. General Area Map. 2. Planning Commission Staff Report. 3. Plot Plan. 4. Sawgrass Park at Bailey Ranch Final Plat. 5. Ordinance No. 731. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT PARTIAL EASEMENT CLOSURE (Simmons Homes) STAFF REPORT BACKGROUND Th, e City of Owasso has received a request from Brian Doyle, applicant, on behalf of Simmons Homes, owner, for the closing of the northern 2' feet of the southern 11' foot utility easement for Lot 43, Block 6, Sawgrass Park at Bailey Ranch. The subject property is located approximately 125 feet north of the 103rd St. N. and 115 ' E. Ave. intersection. A site plan and a general area map are included with your packet. LQCATION The subject property is located approximately 125 feet north of the 103Rd St. N. and 115Th E. Ave. intersection, further described as 10305 N. 115 'b E. Ave. EXISTING LAND USE Residential — Single Family SURROUNDING LAND USE North: Vacant South: Residential — Single Family East: Vacant West: Vacant PRESENT ZONING PUD /RS -3 (Planned Unit Development / Residential Single Family High Density District) SURROUNDING ZONING North: PUD /RS -3 (Planned Unit Development / Residential Single Family High Density District) South: PUD /RS -3 (Planned Unit Development / Residential Single Family High Density District) East: PUD /RS -3 (Planned Unit Development / Residential Single Family High Density District) West: PUD /RS -3 (Planned Unit Development / Residential Single Family High Density District) ANALYSIS The applicant is requesting to close the northern 2' feet of the southern 11' foot utility easement located on Lot 43, Block 6, Sawgrass Park at Bailey Ranch. Staff was informed by the applicant that the encroachment was made primarily out of confusion between easement locations and setback requirements. The applicant set the foundation to meet the PUD /RS -3 setback requirements and not the platted easement location. The structure actually encroaches the easement by 1' foot, not the 2' feet requested in the easement closure application. Staff does not oppose closing the northern 1' foot of the easement primarily because the application, if approved, would still meet the PUD /RS -3 zoning district setback requirements. If the application were approved as originally submitted, (taken into consideration a 2' foot closure), the applicant would also be required to receive approval from the City of Owasso Board of Adjustment. Staff finds little, if no reason to not approve the applicant's request, contingent upon a 1' foot approval and not the 2' the applicant requested. Without Planning Commission and ultimately, City Council approval, the applicant would be required to "shave" I' foot off the entire southern portion of the structure. Staff is unaware of any instance within the City where this has occurred. 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 November 27, 2002 regular meeting. At that meeting, the following comments were noted. 1. The City of Owasso City Council must approve the easement closure. 2. The applicant provides an official copy of the easement closure to the Community Development Department. 3.- The applicant .must coordinate the relocation of the .City's .sewer line with the Public Works Department. 4. Oklahoma Natural Gas Company wanted to clarify that the easement closure did not include the perimeter easements on the west and the east of the property. RECOMMENDATION Staff recommends conditional approval of the request to close the northern 1' foot of the southern 11' foot utility easement of Lot 43, Block 6, Sawgrass Park at Bailey Ranch, subject to the following conditions: 1. The City of Owasso City Council approves the easement closure. 2. The applicant provides an official copy of the easement closure to the Community Development Department. 3. The applicant must coordinate the relocation of the City's sewer line with the Public Works Department. ATTACHMENTS 1. General Area Map. 2. Easement Closure Application. 3. Sawgrass Park at Bailey Ranch Final Plat.