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HomeMy WebLinkAbout826_Easement Closure_Cross Timbers_E 103 St NTulsa County Clerk- EARLENE WILSON Doc# 2005109206 Pages 3 Receipt # 818670 09/14/05 13:17:12 ree 17.00 CITY OF OWASSO ORDINANCE NO. 826 0-100818670003A AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY /ACCESS EASEMENT LOCATED ON LOT ONE, BLOCK ONE OF CROSS TIMBERS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, 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: A TRACT OF LAND BEING AN EXISTING SEVENTEEN AND ONE -HALF FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE WESTERLY SIDE OF LOT ONE, BLOCK ONE OF CROSS TIMBERS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA; BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 1 OF BLOCK 1 OF CROSS TIMBERS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA; THENCE S 23'47'53" W ALONG THE WESTERLY LINE OF SAID LOT 1 A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING, THENCE S 66'12'57" E A DISTANCE OF 17.50 FEET, THENCE S 23'47'53' W A DISTANCE OF 216.04 FEET; THENCE S 88'40'14" W A DISTANCE OF 19.33 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE N 23'47'53" E A DISTANCE OF 254.24 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.10 ACRES, MORE OR LESS, and; 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 /access easement, be, and the same is hereby closed to the public use, to -wit: A TRACT OF LAND BEING AN EXISTING SEVENTEEN AND ONE -HALF FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE WESTERLY SIDE OF LOT ONE, BLOCK ONE OF CROSS TIMBERS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA; BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 1 OF BLOCK 1 OF CROSS TIMBERS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA; THENCE S 23'47'53" W ALONG THE WESTERLY LINE OF SAID LOT 1 A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING; THENCE S 66'12'57" E A DISTANCE OF 17.50 FEET; THENCE S 23'47'53' W A DISTANCE OF 216.04 FEET; THENCE S 88'40'14" W A DISTANCE OF 19.33 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE N 23'47'53" E A DISTANCE OF 254.24 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.10 ACRES, MORE OR LESS, :section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 6th day of September, 2005. ATTEST: Sherry Bisho; City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney APPROVED: Mayor NORTHEAST- ELEMENTARY Owasso Community Development Department CLOSURE 111 N. Main fit. CROSS Owasso, OK 74055 918.376.1500 918.376.1597 Published in the Owasso Reporter, Owasso, Tulsa County, Okla- homa, September 15, 2005. affidavit CITY OF OWASSO ORDINANCE NO. 826 OWASSO REPORTER AN ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY /ACCESS EASEMENT LOCATED ON LOT ONE, BLOCK STATE OF OKLAHOMA TULSA COUNTY SS: ONE OF CROSS TIMBERS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REEALING ALL Mary J. Retherford, Of lawful age, being duly NANNCESIN CONFLICT HOERDEW THCES OR PARTS OF ORDI- sworn and authorized, Says that she is the pub- WHEREAS, the City of Owasso, Oklahoma, has deemed it nec- essary and expedient to close to the public use a portion of a cer- lisher of the Owasso Reporter, a weekly news- tain utility /access easement; paper published in the City of Owasso, Tulsa WHEREAS, said utility /access easement is described as follows: County, Oklahoma, a newspaper qualified to ATRACT OF LAND BEING AN EXISTING SEVENTEEN AND ONE- HALF pUbhsh legal notices, advertisements and publi- WESTERLLYTSIDDEEOF LOTYONE,EBLOCK ONE OP CROSS TIM- BERS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUN- s TY, OKLAHOMA; BEING MORE PARTICULARY DESCRIBED AS Oklahoma Statutes 1971 and 1983 as amended, FOLLOWS: and thereafter, and Complies with all Other re- OO BLOCK 1 N OF CROSS TORTHW ST ADD COON TO TOHE LOT 1 UirementS Of the laws Of Oklahoma with refer- OF OWASSO, TULSA COUNTY, OKLAHOMA; THENCE S 23'47'53" W ALONG THE WESTERLY LINE OF SAID LOT 1 A DIS- ence to legal publications. TANCE OF 17.50 FEET TO THE POINT OF BEGINNING; THENCE g p S 66'12'57" E A DISTANCE OF 17.50 FEET; THENCE S 23'47'53' That said notice, a true Copy Of which IS at- W A DISTANCE OF 216.04 FEET; THENCE S 88'40'14" W A DIS- TANCE OF 19.33 FEET TO THE WESTERLY LINE OF SAID LOT tacked hereto, was published In the regular edi- 1; THENCE N 23'47'53" E A DISTANCE OF 254.24 FEET TO THE OF tion Of Said newspaper during the period and OR POINT S, BEGINNING, AND CONTAINING 0.10 ACRES, MORE tmle Of publications and not 111 a supplement, WHEREAS, pursuant to Title Il, Oklahoma Statutes, Section 42 -110, the only holders of a franchise or purported holders of a franchise on the following dates: that may purport to have a special right or privilege to use said util- ity easement are Public Service Company of Oklahoma, and/or Oklahoma Natural Gas Company, and /or Southwestern Bell Tele- phone 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 SEPTEMBER 15, 2005 use said utility easement have waived their objections to the closure of said easement, if any. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCILOF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The following described utility /access easement, be, Subscribed and S rrl O bef 'J'e me thi 6TH and the same is hereby closed to the public use, to -wit: ATRACT OF LAND BEING AN EXISTING SEVENTEEN AND Clay Of SEPTEMBER 2005 ONE -HALF FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE WESTERLY SIDE OF LOT ONE, BLOCK ONE e OF CROSS TIMBERS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA; BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: Notary Public COMMENCING AT THE NORTHWESTERLY CORNER OF LOT 1 OF BLOCK 1 OF CROSS TIMBERS, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA; expires: THENCE S 23'47'53" W ALONG THE WESTERLY LINE OF My p SAID LOT 1 A DISTANCE OF 17.50 FEET TO THE POINT OF BEGINNING; THENCE S 66'12'57" E A DISTANCE OF 17.50 FEET; THENCE S 23'47'53'W A DISTANCE OF 216.04 FEET; THENCE S 88'40'14" W A DISTANCE OF 19.33 FEET TO THE WESTERLY LINE OF SAID LOT 1; THENCE N 23'47'53' E A Notary Public Oklahoma DISTANCE OF 254.24 FEET TO THE POINT OF BEGINNING, OFFICIAL SEAL AND CONTAINING 0.10 ACRES, MORE OR LESS; LINDA K. j G ee°h cutr Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. C ommisSlnn Expires 8 -11 -2009 PASSED AND APPROVED this 6th day of September, 2005. APPROVED: PUBLISHERS'S FEE $ 190.40 C /CraigThoen Craig Thoendei, Mayor ATTEST: /s/ Sherry Bishop Sherry Bishop, City Clerk APPROVED AS TO FORM: /s/ Julie Trout Lombardi Julie Trout Lombardi, City Attorney