HomeMy WebLinkAbout828_Easement Closure_Closing Utility Easement _Elm CreekTulsa County Clerk- EARLENE WILSON
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Receipt # 824420 10/14/05 13:35:43
Fee 15.00
CITY OF OWASSO
ORDINANCE NO. 828
A000824420001
ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY /ACCESS EASEMENT
LOCATED ON LOT FIVE, BLOCK ELEVEN OF ELM CREEK ESTATES FIRST
ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY,
OKLAHOMA, 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 PART OF LOT FIVE (5), BLOCK ELEVEN (11), ELM CREEK ESTATES FIRST
ADDITION, A SUBDIVISON TO THE CITY OF OWASSO, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO —WIT:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 5;
THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT 5
AROUND A CURVE TO THE RIGHT HAVING A RADIUS OF 215.99 AND A
CHORD BEARING OF SOUTH 370 18' 39" EAST, A DISTANCE OF 10.00 FEET;
THENCE NORTH 500 30' 00" EAST, A DISTANCE OF 26.24 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 29° 23' 45" WEST, A DISTANCE OF
THENCE SOUTH 50° 80' 00" WEST, A DISTANCE OF 28.90 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 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 PART OF LOT FIVE (5), BLOCK ELEVEN (I1), ELM CREEK ESTATES FIRST
ADDITION, A SUBDIVISON TO THE CITY OF OWASSO, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 5;
THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID LOT 5
AROUND A CURVE TO THE RIGHT HAVING A RADIUS OF 215.99 AND A
CHORD BEARING OF SOUTH 370 18' 39" EAST, A DISTANCE OF 10.00 FEET;
THENCE NORTH 500 30' 00" EAST, A DISTANCE OF 26.24 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 29'23' 45" WEST, A DISTANCE OF
4.95 FEET; THENCE NORTH 60'21' 37" EAST, A DISTANCE OF 28.45 FEET;
THENCE SOUTH 500 80' 00" WEST, A DISTANCE OF 28.90 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 4th day of October, 2005.
Sherry Bishops /City Clerk
APPOV SAS TO FORM:
Julie Trout Lombardi, City Attorney
APPROVED:
Mayor-
Et1aIW.,WYe 1
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Mary J. Retherford, of lawful age, being duly
sworn and authorized, says that she 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:
OCTOBER 1 TH, 2005
Subscribed andYto be re me thi 12TH
day of OCTOBER, 2005
Notary Public
My Commission expires:
PUBLISHERS'S FEE $ 179.20
Published in the Owasso Reporter, Owasso, Tulsa County, Okla-
homa, October 11, 2005.
CITY OF OWASSO
ORDINANCE NO. 828
ORDINANCE CLOSING TO THE PUBLIC USE A
UTILITY /ACCESS EASEMENT LOCATED ON LOT FIVE,
BLOCK ELEVEN OF ELM CREEK ESTATES FIRST ADDI-
TION, AN ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, OKLAHOMA, AND REPEALING ALL ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH.
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:
A PART OF LOT FIVE (5), BLOCK ELEVEN (11), ELM CREEK
ESTATES FIRST ADDITION, A SUBDIVISION TO THE CITY
OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE RECORDED PLAT THEREOF, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHWESTERLY CORNER OF
SAID LOT 5; THENCE SOUTHWESTERLY ALONG THE
WESTERLY LINE OF SAID LOT 5 AROUND A CURVE TO
THE RIGHT HAVING A RADIUS OF 215.99 AND A CHORD
BEARING OF SOUTH 37° 18' 39" EAST, A DISTANCE OF
10.00 FEET; THENCE NORTH 50° 30' 00" EAST, A DIS-
TANCE OF 26.24 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 29° 23'45" WEST, A DISTANCE OF 4.95
FEET, THENCE NORTH 60° 21'37" EAST, A DISTANCE OF
28.45 FEET; THENCE SOUTH 50° 80' 00" WEST, A DIS-
TANCE OF 28.90 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 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,
Section 1. The following described utility /access easement, be,
and the same is hereby
closed to the public use, to -wit:
APART OF LOT FIVE (5), BLOCK ELEVEN (11), ELM CREEK
ESTATES FIRST ADDITION, A SUBDIVISION TO THE CITY
OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE RECORDED PLAT THEREOF, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHWESTERLY CORNER OF
SAID LOT 5; THENCE SOUTHWESTERLY ALONG THE
WESTERLY LINE OF SAID LOT 5 AROUND A CURVE TO
THE RIGHT HAVING A RADIUS OF 215.99 AND A CHORD
BEARING OF SOUTH 37° 18' 39" EAST, A DISTANCE OF
10.00 FEET; THENCE NORTH 50' 30' 00" EAST, A DIS-
TANCE OF 26.24 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 290 23'45" WEST, A DISTANCE OF 4.95
FEET; THENCE NORTH 60° 21' 37" EAST, A DISTANCE OF
28.45 FEET; THENCE SOUTH 50° 80' 00" WEST, A DIS-
TANCE OF 28.90 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 4th day of October, 2005
APPROVED:
/s/ Craig Thoendel
Craig Thoendel, Mayor
ATTEST: APPROVED:
/s/ Sherry Bishop /s/ Julie Trout Lombardi
Sherry Bishop, City Clerk Julie Lombardi, City Attorney