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HomeMy WebLinkAbout776_Easement Closure_Coffee Creek additionTulsa County Clerk - EARLENE WILSON Doc# 04032567 Pgs 1 B/P 7255/1116-1116 Receipt # 716740 03/22/04 09:50:15 Fee 13.00 mEO00716 74000 a A CITY OF OWASSO ORDINANCE NO. 776 ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED WITHIN A PORTION OF LOT 10 AND LOT 11, BLOCK 3, COFFEE CREEK ADDITION, 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 the public use a portion of a certain utility easement; WHEREAS, said utility easement is described as follows: 1. The Northerly Five (5) feet of Lot Ten (10), Block Three (3), COFFEE CREEK, an addition to the City of Owasso, Tulsa County, Oklahoma, 2. The Southerly Five (5) feet of Lot Eleven (11), Block Three (3), COFFEE CREEK, 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 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: 1. The Northerly Five (5) feet of Lot Ten (10), Block Three (3), COFFEE CREEK, an addition to the City of Owasso, Tulsa County, Oklahoma, 2. The Southerly Five (5) feet of Lot Eleven (11), Block Three (3), COFFEE CREEK, 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. PASSED AND APPROVED this 2" d day of March, 2004. ATTEST: Sherry Bishop City Clerk TO FORM: Ronald D. Cates, City Attorney City of Owasso, Oklahoma 6 OFFICIAL Gary cochran, Mayor City of Owasso Attn: City Clerk 1 I 1 N. Main Owasso, OK 74055 E. 106th St. N. Owasso Community Easement Closure Development Department 1 l 1 N. Main St. W-4 - Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com 10220 N 141 st Court . MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: EASEMENT CLOSURE (LOT 10, 11 BLOCK 3 COFFEE CREED BACKGROUND: The City of Owasso has received a request from Bob Jones of Charney & Buss, applicant, for appropriate action relating to matters allowing for the closure of a 10' utility easement in the Coffee Creek Addition between lots 10 & 11 on block 3. A house built on Lot 10 was constructed over the northern property line which included the subject 10' utility easement along that line. In September of 2003 Capital Homes requested and received a lot split that took property from Lot 11 and gave it to Lot 10 thereby making the lot 10 wide enough to accommodate the house. Although free of the property line the house still lays on the northern utility easement. Consequently, the applicant is requesting an easement closure that will allow the existing house on the subject lot to lay free and clear of any title obstructions. The easement in question is a 10' strip of property equally splitting lots 10 & 11 of block 3 in Coffee Creek Addition, a Subdivision in Owasso, Oklahoma; also described as along the northern boundary line of 10220 N. 141` E. Court. There is a single - family house existing on the lot. Single family houses occupy properties in all directions. The property and it's surroundings are zoned RS -3 (Residential Single Family). ANALYSIS• The applicant recently built a house on lot 10, block 3 in Coffee Creek. As previously stated the house is built over the empty utility easement on the northern boundary of lot 10. As this easement is not currently being used and the lines of service from the utility companies have already been established throughout the neighborhood the applicant is requesting to vacate the easement. The applicant has cleared the requested easement closure with all applicable utility providers. The utility providers were given the opportunity to assess the necessity of the utility easement as it relates to present and future service levels. Those providers include Oklahoma National Gas, Southwestern Bell, AEP, Public Service Company of Oklahoma, City of Owasso, Washington County Rural Water District #3 and Cox Communications. Attached you will find letters of agreement from those easement users. It is the consensus of the utility providers that the closure of this utility easement would not cause a disruption in their present ability to provide services to the neighborhood. Other than being built over a utility easement the house meets all Owasso Zoning Code and Subdivision Regulations including side setbacks. No vacation of a plat or any parts thereof, except by action of the District Court, shall be valid or impart notice until after the required consent of such platted area is presented to the City Council and the approval of the Council is entered thereon. All vacations or alterations of a final approved filed plat shall require the approval of the Planning Commission and City Council and the filing of a corrected plat, approved deed or accepted easement. Alterations of a plat without approval shall constitute a violation of these Regulations. PLANNING COMMISSION: On February 9, 2004 the Owasso Planning Commission held a public hearing to consider the request for approval of the easement closure. At that meeting the Commission unanimously recommended approval. Staff recommends approval of the Easement Closure request by Bob Jones of Charney and Buss. 1. Easement Closure Request Letter 2. Site Drawings 3. General Area Map, 4. Letters from Utility providers CHARNEY ft BUSS A Professional Corporation Attorneys At Law 12150 E. 96`h St. N., Suite 202 Post Office Box 240 Owasso, Oklahoma 74055 (918) 272 -5338 (918) 272 -5376 (fax) January 6, 2004 City of Owasso Attn: Duane Cuthbertson 111 N. Main Owasso, OK 74055 Re: Vacating Easement; Ordinance Release Dear Mr. Cuthbertson: We are preparing to file an action to vacate one easement and a portion of an adjacent easement in Coffee Creek, both of which easements have been dedicated to the public. As a preliminary step, we would like to request an ordinance release of such easement and portion of adjacent easement. The two easements involved as described as: 1. The Northerly Five (5) feet of Lot Ten (10), Block Three (3), COFFEE CREEK, an addition to the City of Owasso, Tulsa County, Oklahoma, 2. The Southerly Five (5) feet of Lot Eleven (11), Block Three (3), COFFEE CREEK, an addition to the City of Owasso, Tulsa County, Oklahoma. Attached is a copy of the document which created these easements. Also attached is a survey plat of the subject property. Both easements are shown, bordering the original boundary line between Lot 10 and Lot 11. As shown, the residence on Lot 10 encroaches across the first easement and into the second easement and Lot 11. Capital Homes has already resolved with the City issues relating to encroachment into set -back lines, etc. The home on Lot 10 has been sold to Ear[ D. Williams and Kathy R. Williams. Our purpose in seeking to vacate the easements is so that a clean title insurance policy may be issued. An ordinance release from the City is, of course, necessary as a preliminary step towards vacating the easements in a district court proceeding. The easement on Lot 10 is to be vacated in its entirety. With respect to the easement on Lot 11, only the portion of the easement into which the residence encroaches is to be vacated. This small, triangular- shaped piece of land is described as follows: A part of Lot Eleven (11), Block Three (3), COFFEE CREEK, an addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded plat thereof, more particularly described as follows: Commencing from the Southwest corner of said Lot 11; thence N 84 °30'24" E a distance of 79.78 feet to the Point of Beginning; thence N 71 °31'47" E a distance of 7.78 feet; thence S 18'28'13" E a distance of 1.79 feet; thence S 84 °30'24" W a distance of 7.99 feet to the Point of Beginning. It is our understanding that there are no utility lines in the easement portions to be vacated. Pursuant to your request, we will seek letters from each affected utility company indicating no objection to vacating of these easements. Should you require additional information, please contact me. Your assistance in this matter is very much appreciated. Very truly yours, CHABI>IEY Et BUSS, P.C. Robert W. J&es Enc. FH- U2 -.2UU9 MON Ub:2U FM Kelly W. 12150 Y. !16101;1, N., Suite 202 Deal, Mr. Jones FAX NO, W AHONKNATURAL GAS A OIVISIO4 OF ONEOK JAmiary 28, 2004 ltca Request h4n, Vacation-Dfig:a..scmcul at CoFlele Creek in the City of Owasso ()l+e office received a letter requesting vacation of casement at Coffee Creek in Owasso, more specifically, the Northerly five feet of lot 10, Block 3, Coffee Creel:,'f ulsa Cotmty. Also, a portion of the ensement along the will licrly five foot of lot 11, Mock 3, Coffee Creek, an addition to IheCity of Owasso,'rulsa County, Ohlelloula. 1'kam he advised that Oktahmua Natural Cas Company has no objection to file vacation of said casements, hon•ever, please. be advised that Oldahotna Natural Cas Company has a 2" plastic medium pressure main ln: atcd ill file five Ibat ensement paralleling North 141'1 East in front of said lots. If you have any Iplcstions, please feel free to call my office at 274 -003. Manager 1, North Tulsa Yicnvt 12250 Iiassl 9(gh Slrcet AniTh • OWas +o, OK 740555315 (918)'271 -400,3 • rax (918) 274 -4020 •9lnbile ON) 510 -4705 • Pager (919) 761 -0323 AEPIPUBLIC SERVICE. COMPANY OF OKLAHOMA DISTRIBUTION RIGHT-OF-WAY DEPARTMENT P.O.11ox 201 TULSA, OKLAHOMA 74102 -0201 FAX NO.: 918 - 599-3226 Date: October 9, 2003 SallyMoscby Chancy &, Charney I'rorn: Bob Johnson Right -of- -Way A cnt 918- 599 -2211 C- 1Nti1: hjghnsgn n_ars,com Re. Vacation of Easement — CoffeeCreck Encioscd is n copy of the drawing prepared by our Surveyor, Mark McKay, which depicts tho pertinent portions of Lots 10 and 11, Block 3, the location of our underground primary cable (I've highlighted in red) and the Northerly portion of the house constructed on Lot 10. As I advised, PSO will not object to the vacation of (i) the general utility casement on the North 5 feet of Lot 10 or (ii) that portion of the general utility casement on the South 5 feet of Lot 10 on which the corner of the house sits (a very small, triangular piece). We will, however, need to be granted an additional 5 feet of easement on Lot 11 in order to protect the primary cable from encroachment. To that end, I have prepared and enclose the proposed Underground Right -of -Way Easement for execution by the President of 1'retnicr lloates, Inc. The question did arise in my mind as to whether PSO should also request subordination of the existing mortgage on Lot I 1 to this new PSO Easement, however, f concluded that this mortgage will no doubt be released in the not too distant future and that, therefore, jumping through the hoops of a subordination was not necessary. Once the Casement is signed and notarized, assuming it meets with your approval, please forward to me for recording at the above address, following which I will send you a copy that reflects the Clerk's recording information thereon. 01/20/01 TUE 09:05 rAS Dig 371 9884 RWD kTHREE WASH.0O3 (Q�002 Rural Water District No. 3 Washington County, Oklahoma P.O. Box 70 Collinsville, Oklahoma 74021-0070 Tel. 371-2055 FAX 371.3864 Relay-TDO January 20, 2004 Mr. Robcrt Joncs Chatney & Buss 12150 F. DO St N., Suite 202 11, 0.13ox 240 Owasso, Oklahoma 74055 RF: Vacating Easment - Coffee Creek, Owasso DCar 1Zoberl: We stein receipt of your correspondence regarding the vacation of easaneat for lots 10 Yi 11, Block 3, in Coffcc Creek. This information is based from a fax received January 16, 2004 from Cliamey & Buss. Washington County Rural Water District #3 does not have any objections to the vacation Jetty Gaf:lmill Manager Washington Co. RWDt3 N., Suite 202 Owasso, OK 71055 FAX N0. P. 04 Re; Vacating Easement -- Coffee Creek, Owasso, Oklahoma Dcm- Mr. Jones: In response to your letter of January 16, 2004, Soulhwestern Bcll Telephone, L.Y. does riot object to your request to vacate the casements described as: C The Nodherly five feet of lot Icn block three, • A part of lot cloven block tbrcc which joins lol ten. Ptc;isc; let me know if you need any further information. Yout:s. rely, Owen Manager Hn'giuccriog Design JHN-ZB -ZUU4 WED U9:28 HM FAX N0, P. 05 Easement Closing 01/20/2004 (date) The Northerly Five feet of Lot 10, Block 3, and a portion of the Southerly five foot of Lot 11, Block Reference:Coffee Creek Tulsa County Attention: The closing of the easements at the location referenced above satisfy the re+guirements of COX COMMUNICATIONS CENTRAL ti, INC. However, this Is not'to be construed that at some future date we may not require additional easement(s) to satisfy the requirements of the customer who occupies this properly. Very Truly Yours, Ron C. Irons (Planning Engineer) 4340 S. Mingo Rd. Tulsa, Okla. 74145 (918) -028 -0894 (918) -029 -0894 fax cnl0.lrons @csr,eom Special Conditions: