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Tulsa County Clerk - EARLENE WILSON
CITY OF OW ASSO
ORDINANCE NO. 811
ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY/ACCESS EASEMENT
LOCATED WITHIN A TRACT OF LAND THAT IS PART OF SECTION 20,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE LB. & 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.
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public
use a portion of a certain utility/access easement;
WHEREAS, said utility/access easement is described as follows:
COMMENCING AT A POINT THAT IS THE EASTERLY CORNER OF LOT 3 BLOCK 1 ALONG
NORTH l2lST EAST AVENUE; THENCE N 59048'47" WEST ALONG THE NORTH EASTERLY
BOUNDARY OF SAID LOT 3 A DISTANCE OF 281.83 FEET; THENCE SOUTH 30011'13" WEST A
DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 30011'13" WEST A
DISTANCE OF 6.00 FEET; THENCE N 59048'47" WEST A DISTANCE OF 110.49 FEET; THENCE
N 45004'16" WEST A DISTANCE OF 19.24 FEET; THENCE N 44055'44" EAST A DISTANCE OF
6.00 FEET; THENCE SOUTH 45004'16" EAST A DISTANCE OF 18.45 FEET; THENCE SOUTH
59048'47" EAST A DISTANCE OF 109.71 FEET TO THE POINT OF BEGINNING.
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.
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 OW ASSO,
OKLAHOMA, THAT,
Section 1. The following described utility/access easement, be, and the same is hereby closed to the
public use, to-wit:
COMMENCING AT A POINT THAT IS THE EASTERLY CORNER OF LOT 3 BLOCK 1 ALONG
NORTH 121ST EAST AVENUE; THENCE N 59048'47" WEST ALONG THE NORTH EASTERLY
BOUNDARY OF SAID LOT 3 A DISTANCE OF 281.83 FEET; THENCE SOUTH 30011'13" WEST A
DISTANCE OF 35.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 30011'13" WEST A
DISTANCE OF 6.00 FEET; THENCE N 59048'47" WEST A DISTANCE OF 110.49 FEET; THENCE
N 45004'16" WEST A DISTANCE OF 19.24 FEET; THENCE N 44055'44" EAST A DISTANCE OF
6.00 FEET; THENCE SOUTH 45004'16" EAST A DISTANCE OF 18.45 FEET; THENCE SOUTH
59048'47" EAST A DISTANCE OF 109.71 FEET TO THE POINT OF BEGINNING.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby
expressly repealed.
PASSED AND APPROVED this 9th day ofMay,2005.
ATTEST:
City of Owasso, Oklahoma
APPROVED AS TO FORM:
City Attorney
Affidavit Of Publication
Published in the Owasso Reporter, Owasso, Tulsa County, Okla-
homa, May 12, 2005.
OWASSO REPORTER
CITY OF OWASSO
ORDINANCE NO. 811
ORDINANCE CLOSING TO THE PUBLIC USE A
UTILITY/ACCESS EASEMENT LOCATED WITHIN A TRACT
OF LAND THAT IS PART OF SECTION 20, TOWNSHIP 21
NORTH, RANGE 14 EAST OF THE LB. & 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.
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:
WHEREAS, the City of Owasso, Oklahoma, has deemed it neces-
sary and expedient to close to the public use a portion of a cer-
tain utility/access easement;
WHEREAS, said utility/access easement is described as follows:
COMMENCING AT A POINT THAT IS THE EASTERLY COR-
NER OF LOT 3 BLOCK 1 ALONG NORTH 121ST EAST
AVENUE; THENCE N 59"48'47" WEST ALONG THE NORTH
EASTERLY BOUNDARY OF SAID LOT 3 A DISTANCE OF
281.83 FEET; THENCE SOUTH 30"11'13" WEST A DIS-
TANCE OF 35,00 FEET TO THE POINT OF BCGIi-JNING;
THENCE SOUTH 30011'13" WEST A DISTANCE OF 6.00
FEET; THENCE N 59"48'47" WEST A DISTANCE OF 110.49
FEET; THENCE N 45"04'16" WEST A DISTANCE OF 19.24
FEET; THENCE N 44"55'44" EAST A DISTANCE OF 6.00
FEET; THENCE SOUTH 45"04'16" EAST A DISTANCE OF
18.45 FEET; THENCE SOUTH 59"48'47" EAST A DISTANCE
OF 109.71 FEET TO THE POINT OF BEGINNING.
WHEREAS, pursuant to Title II, Oklahoma Statutes, Seclion 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 clo-
sure of said easement, if any.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA, THAT,
Subscribed and sworn to before me this 13 TH
Section 1. The following described utility/access easement, be, and
the same is hereby closed to the public use, to-wit:
day of MAY, 2005
Notary Public
COMMENCING AT A POINT THAT IS THE EASTERLY CORNER
OF LOT 3 BLOCK 1 ALONG NORTH 121ST EAST AVENUE;
THENCE N 59"48'47" WEST ALONG THE NORTH EASTERLY
BOUNDARY OF SAID LOT 3 A DISTANCE OF 281.83 FEET;
THENCE SOUTH 30"11'13" WEST A DISTANCE OF 35.00 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 30"11'13"
WEST A DISTANCE OF 6.00 FEET; THENCE N 59"48'47" WEST A
DISTANCE OF 110.49 FEET; THENCE N 45"04'16" WEST A DIS-
TANCE OF 19.24 FEET; THENCE N 44"55'44" EAST A DISTANCE
OF 6.00 FEET; THENCE SOUTH 45"04'16" EAST A DISTANCE OF
18.45 FEET; THENCE SOUTH 59"48'47" EAST A DISTANCE OF
109.71 FEET TO THE POINT OF BEGINNING.
My Commission expires:
Public Oklahoma
SEAL
UNDA K PUFlDOM
COMMISSION EXPIRES
Section 2. That all ordin~nces or parts of ordi'18.nces in '::Of',flict
herewith be, and the same are hereby expressly repealed.
PASSED AND APPROVED this 9th day of May,2005.
ATTEST:
City of Owasso, Oklahoma
PUBLISHERS'S FEE $ 179.20
Sherry Bishop
City Clerk
APPROVED AS TO FORM:
Craig Thoendel
Mayor
City Attorney
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: ORDINANCE NO. 811
DATE: April 21, 2005
BACKGROUND:
At the April 19, 2005 meeting, the Owasso City Council approved a request from Khoury Engineering
to close an access easement located on the northeast comer of The Smith Farm Marketplace, located
northwest of the Owasso Expressway, east of N. Garnett Road.
Attached is a copy of Ordinance No. 811 that formally adopts the City Council's action of April 19,
2005
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 811.
ATTACHMENT:
1. Ordinance No. 811
2. Easement Closure Staff report with case map