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HomeMy WebLinkAbout805_Easement Closure_Honey Creek IITulsa County AMLENE WILSON ooc# `9s 2 10:20:31 Receipt # Fee 15.00 M000767960005A CITY OF OWASSO ORDINANCE NO. 805 ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED WITHIN A TRACT OF LAND THAT IS PART OF SECTION 18, 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 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 casement is described as follows: A SEVENTEEN AND ONE -HALF (17.5) FOOT WIDE UTILITY EASEMENT TO BE VACATED WHICH IS THE EASTERLY 1545.36 FEET OF A UTILITY EASEMENT FILED WITH THE TULSA COUNTY CLERK IN BOOK 5660 AT PAGE 376, LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION EIGHTEEN (18), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN(14) EAST OF THE INDIAN BASE AND MERIDIAN ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE SW /4 OF SECTION 18, T -21 -N, R -14 -E, I.B.& M.; THENCE N 880 44'04" E ALONG THE NORTH LINE OF SAID SW /4 A DISTANCE OF 1146.78 FEET TO THE BOINT OF BEGINNING; THENCE N 88'44'04" E ALONG THE NORTH LINE OF SAID SWA A DISTANCE OF 1545.20 FEET TO THE NE CORNER OF SAID SW /4; THENCE S 01° 04'43" E ALONG THE EAST LINE OF SAID SW 14 A DISTANCE OF 17.50 FEET; THENCE S 88° 44' 04" W A DISTANCE OF 1545.53 FEET; THENCE N 00° 00'00" E A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.62 ACRES, MORE OR LESS, 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; 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: A SEVENTEEN AND ONE -HALF (17.5) FOOT WIDE UTILITY EASEMENT TO BE VACATED WHICH IS THE EASTERLY 1545.36 FEET OF A UTILITY EASEMENT FILED WITH THE TULSA COUNTY CLERK IN BOOK 5660 AT PAGE 376, LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION EIGHTEEN (18), TOWNSHIP 'TWENTY -ONE (21) NORTH, RANGE FOURTEEN(14) EAST OF THE INDIAN BASE AND MERIDIAN ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE SW /4 OF SECTION 18, T-21-N, R -14 -E, I.B.& M.; THENCE N 880 44'04" E ALONG THE NORTH LINE OF SAID SW 14 A DISTANCE OF 1146.78 FEET TO THE BOINT OF BEGINNING; THENCE N 88'44' 04" E ALONG THE NORTH LINE OF SAID SW /4 A DISTANCE OF 1545.20 FEET TO THE NE CORNER OF SAID SW /4; THENCE S 01' 04'43" E ALONG THE EAST LINE OF SAID SWA A DISTANCE OF 17.50 FEET; THENCE S 88° 44' 04" W A DISTANCE OF 1545.53 FEET; THENCE N 00° 00'00" E A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.62 ACRES, MORE OR LESS. City Of Owasso ✓ Attn: Juliann Stevens PO Box 180 Owasso, Oklahoma 74055 EASTERLY LINE OF "SAWGRASS PARK AT BAILEY RANCH" A DISTANCE OF 97.81 FEET; THENCE N 88E43'18" E ALONG THE EASTERLY LINE OF "SAWGRASS PARK AT BAILEY RANCH" A DISTANCE OF 21.95 FEET; THENCE N 01E16'42" W ALONG THE EASTERLY LINE OF "SAWGRASS PARK AT BAILEY RANCH" A DISTANCE OF 189.68 FEET TO THE NORTH LINE OF THE S/2 OF THE NW /4 OF SECTION 17; THENCE N 88E44'01" E ALONG THE NORTH LINE OF THE S/2 OF THE NW /4 OF SECTION 17 A DISTANCE OF 1167.59 FEET TO THE "POINT OF BEGINNING"; SAID TRACT CONTAINS 1,139,013 SQUARE FEET OR 26.1481 ACRES. Section 2. The City Council hereby authorizes development upon such tract in accordance with the provisions of the Outline Development Plan submitted with the application, as well as all amendments or modifications thereto, as required by the City Council, same being hereby made a part hereof and marked Exhibit "A ". Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 7h day of December, 2004. ATTEST: City of Owasso, Okklahhom Sherry Bioi o ity Clerk Susan Kimball, Mayor AS TO Cates, City Attorney City Of Owasso Attn: Juliann Stevens PO Box 180 Owasso, Oklahoma 74055 OFFICIAL SEAL OPUD 12 -A (Amendment) Affidavit Of Publication OWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the pub- lisher of the Owasso Reporter, a weekly news- paper published in the City of Owasso, Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publi- cations as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other re- quirements of the laws of Oklahoma with refer- ence to legal publications. That said notice, a true copy of which is at- tached hereto, was published in the regular edi- tion of said newspaper during the period and time of publications and not in a supplement, on the following dates: DECE BU 200' 4 Subscribed and sworn to before me this 17TH day of DECEMBER, 2004 K. Notary Public My Commission expires: L otary Public klahoma OFFICIAL SEAL ft LINDA K. PURDOM :�.,. :FF ; Tulsa County COMmissloN EXPIRES 8 -it -2005 �h PUBLISHERS'S FEE $ 187.00 a Published In the Owasso Reporter, Owasso, Tulsa County, Okla- homa, December 16, 2003. CITY OF OWASSO ORDINANCE NO. 805 ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASE- MENT LOCATED WITHIN ATRACT OF LAND THAT IS PART OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. 8 M., CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITH- OUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it noes. sary and expedient to close to the public use a portion of a certain utility easement; WHEREAS, said utility easement is described as follows: A SEVENTEEN AND ONE -HALF (17.5) FOOT WIDE UTILI- TY EASEMENT TO BE VACATED WHICH IS THE EASTER- LY 1555.36 FEET OF A UTILITY EASEMENT FLED WITH THE TULSA COUNTY CLERK IN BOOK 5660 AT PAGE 376, LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION EIGHTEEN (18), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN(14) EAST OF THE INDIAN BASE AND MERIDIAN ACCORDING TO THE U.S. GOV- ERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLA- HOMA; BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE SWA OF SECTION 18, T -21 -N, R -14 -E, I.B.B M.; THENCE N 8111 44'04' E ALONG THE NORTH LINE OF SAID SW /4 A DIS- TANCE OF 1146.78 FEET TO THE BOINT OF BEGINNING; THENCE N 881 44' 1 E ALONG THE NORTH LINE OF SAID SW /4 A DISTANCE OF 1545.20 FEET TO THE NE CORNER OF SAID SAM; THENCE S 011 04'43' E ALONG THE EAST LINE OF SAID SW /4 A DISTANCE OF 17.50 FEET; THENCE S 88144. 04' W A DISTANCE OF 1545.53 FEET; THENCE N 001 00'00' E A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.62 ACRES, MORE OR LESS, WHEREAS, pursuant to Title 11, Oklahoma Statutes, Section 42- 110, the only holders of a franchise or purported holders of a fran. chise 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 clo- sure of said easement, 8 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: A SEVENTEEN AND ONE -HALF (17.5) FOOT WIDE UTILI- TY EASEMENT'to BE VACATED WHICH IS THE EASTER- LY 1545.36 FEET OF A UTILITY EASEMENT FILED WITH THE TULSA COUNTY CLERK IN BOOK 5660 AT PAGE 376, LOCATED IN THE SOUTHWEST QUARTER (SW /4) OF SECTION EIGHTEEN (18), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN ACCORDING TO THE U.S. GOV- ERNMENT SURVEY, THEREOF, TULSA COUNTY, OKLA- HOMA; BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE NW CORNER OF THE SWA OF SECTION 18, T -21 -N, R -14 -E, I.S.B M.; THENCE N 881 44'04' E ALONG THE NORTH LINE OF SAID SWA A DIS- TANCE OF 1146.78 FEET TO THE POINT OF BEGINNING; THENCE N 881 44' 04' E ALONG THE NORTH LINE OF SAID SW /4 A DISTANCE OF 1545.20 FEET TO THE NE CORNER OF SAID SW /4; THENCE S 01104'43' E ALONG THE EAST LINE OF SAID SW 14 A DISTANCE OF 17.50 FEET; THENCE S 88144' 04' W A DISTANCE OF 1545.53 FEET; THENCE N 001 00'00' E A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.62 ACRES, MORE OR LESS. Section 2. The municipality shall retain the absolute right to reopen the public way or easement without expense to the munici. pality. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, pub- lic service corporation, or transmission company facilities of ser- vice 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 7th day of December, 2004. ATTEST City of Owasso, Oklahoma /sr Sherry Bishop /sr Susan Kimball Sherry Bishop, City Clerk Susan Kimball, Mayor APPROVED AS TO FORM: /s/ Ron D. Cates Ronald D. Cates, City Attorney .