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HomeMy WebLinkAbout788_ Utility Easement Closure Coffee Creek_Charney & Buss_ne c of E 103 St N & Owasso Expy to sw c of E 106 St N & N 138 E Aveutility easement closure Coffee Creek area Charney and Buss COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 16; THENCE S 88044'40" W ALONG THE NORTH LINE OF SAID SECTION 16 A DISTANCE OF 1489.70 FEET TO THE POINT OF BEGINNING; THENCE S 1015'20" E A DISTANCE OF 70.00 FEET; THENCE S 88044'40" W A DISTANCE OF 106.33 FEET; THENCE S 83002'02" A A TRACT OF LAND THAT IS PART OF THE N/2 OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.&M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: The following described utility easement, be, wit: Section 1 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT, and the same is hereby closed to the public use, to- 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. 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 Cox Communications Company, and; COMMENCING FROM THE NORTHEAST CORNER OF SAID SECTION 16; THENCE S 88044'40" W ALONG THE NORTH LINE OF SAID SECTION 16 A DISTANCE OF 1489.70 FEET TO THE POINT OF BEGINNING; THENCE S 1015'20" E A DISTANCE OF 70.00 FEET; THENCE S 88044'40" W A DISTANCE OF 106.33 FEET; THENCE S 83002'02" W A DISTANCE OF 502.49 FEET; THENCE S 88044'39" W A DISTANCE OF 103.63 FEET; THENCE S 13044'40" W DISTANCE OF 143.62 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1502.40 FEET A DISTANCE OF 477.75 FEET TO A POINT WITH A CHORD S 22051'40" W A DISTANCE OF 475.74 FEET; THENCE S 31036'49" W A DISTANCE OF 362.15 FEET; THENCE S 1018'30" E A DISTANCE OF 369.48 FEET; THENCE S 88041'42"W A DISTANCE OF 225.90 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 2221.83 FEET A DISTANCE OF 71.01 FEET TO A POINT WITH A CHORD S 24010'59" W A DISTANCE OF 71.00 FEET; THENCE S 23015'45" W A DISTANCE OF 105.48 FEET; THENCE N 66043'36" W A DISTANCE OF 20.00 FEET; THENCE N 23015'45" E A DISTANCE OF 105.47 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2241.83 FEET A DISTANCE OF 84.07 FEET TO A POINT WITH A CHORD N 24020'30" E A DISTANCE OF 84.06 FEET; THENCE N 88041'42" E A DISTANCE OF 218.26 FEET; THENCE N 1018'30" W A DISTANCE OF 355.39 FEET; THENCE N 31036'49" E A DISTANCE OF 368.06 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1482.39 FEET A DISTANCE OF 471.45 FEET TO A POINT WITH A CHORD N 22051'44" E A DISTANCE OF 469.47 FEET; THENCE N 13044'40" E A DISTANCE OF 158.97 FEET; THENCE N 88044'39" E A DISTANCE OF 117.98 FEET; THENCE N 83002'02" E A DISTANCE OF 502.49 FEET; THENCE N 1015'20" W A DISTANCE OF 50.00 FEET TO A POINT ON SAID NORTH LINE OF SECTION 16; THENCE N 88044'40" E ALONG SAID NORTH LINE A DISTANCE OF 107.33 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 1.26 ACRES MORE OR LESS, A TRACT OF LAND THAT IS PART OF THE N/2 OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.&M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: WHEREAS, said utility easement WHEREAS, the City of Owasso, Oklahoma, has deemed use a portion of a certain utility easement; ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED WITHIN A TRACT OF LAND THAT IS PART OF THE N/2 OF SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M., CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OW ASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. is described as follows necessary and expedient to close to the public CITY OF OW ASSO ORDINANCE NO. 788 Tulsa County Clerk - EARLENE WILSON Doc# 04065159 Pgs 2 B/P 130112100-2101 Receipt # 731261 06/03/04 10: 53 City of Owasso Attn: Juliann Stevens III N. Main Street Owasso, Oklahoma 74055 ATTEST: City of Owasso, Oklahoma PASSED AND APPROVED this That aU ordinances or parts of ordinances expressly repealed. 1 st day of June, 2004 Section 3 in conflict herewith be, 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 shaU 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. and the same are hereby DISTANCE OF 502.49 FEET; THENCE S 88044'39" W A DISTANCE OF 103.63 FEET; THENCE S 13044'40" W A DISTANCE OF 143.62 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1502.40 FEET A DISTANCE OF 477.75 FEET TO A POINT WITH A CHORD S 22051'40"W A DISTANCE OF 475.74 FEET; THENCE S 31036'49" W A DISTANCE OF 362.15 FEET; THENCE S 1018'30" E A DISTANCE OF 369.48 FEET; THENCE S 88041 '42" W A DISTANCE OF 225.90 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 2221.83 FEET A DISTANCE OF .01 FEET TO A POINT WITH A CHORD S 24010'59" W A DISTANCE OF 71.00 FEET; THENCE S 23015'45" W A DISTANCE OF 105.48 FEET; THENCE N 66043'36" W A DISTANCE OF 20.00 FEET; THENCE N 23015'45" E A DISTANCE OF 105.47 FEET; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2241.83 FEET A DISTANCE OF 84.07 FEET TO A POINT WITH A CHORD N 24020'30" E A DISTANCE OF 84.06 FEET; THENCE N 88041'42" E A DISTANCE OF 218.26 FEET; THENCE N 1018'30" W A DISTANCE OF 355.39 FEET; THENCE N 31036'49" E A DISTANCE OF 368.06 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 1482.39 FEET A DISTANCE OF 471.45 FEET TO A POINT WITH A CHORD N 22051 '44" E A DISTANCE OF 469.47 FEET; THENCE N 13044'40" E A DISTANCE OF 158.97 FEET; THENCE N 88044'39" E A DISTANCE OF 117.98 FEET; THENCE N 83002'02" E A DISTANCE OF 502.49 FEET; THENCE N 1015'20" W A DISTANCE OF 50.00 FEET TO A POINT ON SAID NORTH LINE OF SECTION 16; THENCE N 88044'40" E ALONG SAID NORTH LINE A DISTANCE OF 107.33 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 1.26 ACRES MORE OR LESS. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DUANE CUTHBI CITY PLANNER SUBJECT: ORDINANCE NO. 788 DATE: MAY 27, 2004 BACKGROUND: At the May 18, 2004 meeting, the Owasso City Council approved a request from E. Robert Buss of Chamey & Buss to close a utility easement located in the western portion of the Coffee Creek area, more specifically located in the northeast corner of E. 103'd St. N. and the Owasso Expressway service road extending north adjacent to the service road and ending in the southwest corner of E. 106'h St. N. and N. 138'E. Avenue in Owasso, OK. Attached is a copy of Ordinance No. 788 that formally adopts the City Council's action of May 18, 2004. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 788. ATTACHMENT: 1. Ordinance No. 788 2. Easement Closure Staff report with no attachments