HomeMy WebLinkAbout894_Easement Closure_Smtih Farm MarketplaceTulsa County Clerk- EARLENE WILSON
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Receipt # 929302 06/ 12/07 13:09:56
Fee 15.00
CITY OF OWASSO
ORDINANCE NO. 894
ORDINANCE CLOSING TO THE PUBLIC USE AUTILITY/ACCESS EASEMENT
LOCATED ALONG THE COMMON LOT LINES BETWEEN LOT TWO AND LOT
THREE, BLOCK TWO, SMITH FARM MARKETPLACE, 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:
AN 11.00' WIDE STRIP OF LAND THAT IS PART OF AN EXISTING 11.00'
UTILITY EASEMENT ON LOT 2 AND LOT 3 IN BLOCK 2 OF "SMITH FARM
MARKETPLACE", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY,
OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, SAID STRIP
OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
STARTING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE
N 00 04 02 W ALONG THE WESTERLY LINE OF LOT 3 FOR 17.50' TO THE
"POINT OF BEGINNING" OF SAID STRIP OF LAND• THENCE CONTINUING
N 00°04'02" W ALONG SAID WESTERLY LINE FOR 63.45'; THENCE DUE EAST
FOR 11.00' TO A POINT ON THE EASTERLY LINE OF SAID EXISTING UTILITY
EASEMENT; THENCE S 00°04'02" E ALONG SAID EASTERLY LINE FOR 63.44'
TO A POINT ON THE NORTHERLY LINE OF AN EXISTING 17.50' UTILITY
EASEMENT; THENCE S 89°5756" W ALONG SAID NORTHERLY LINE FOR
11.00' TO THE "POINT OF BEGINNING" OF SAID STRIP OF LAND.
DESCRIBED STRIP OF LAND CONTAINS 698 SQUARE FEET OR
0.0160 ACRES.
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:
AN 11.00' WIDE STRIP OF LAND THAT IS PART OF AN EXISTING 11.00' UTILITY EASEMENT
ON LOT 2 AND LOT 3 IN BLOCK 2 OF "SMITH FARM MARKETPLACE", AN ADDITION TO
THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED
I1I,AT THEREOF, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT:
STARTING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE N 00°04'02" W ALONG
THE WESTERLY LINE OF LOT 3 FOR 17.50' TO THE "POINT OF BEGINNING" OF SAID STRIP
OF LAND; THENCE CONTINUING N 00°04'02" W ALONG SAID WESTERLY LINE FOR 63.45 ;
THENCE DUE EAST FOR 11.00' TO A POINT ON THE EASTERLY LINE OF SAID EXISTING
UTILITY EASEMENT; THENCE S 00°04'02" E ALONG SAID EASTERLY LINE FOR 63.44' TO A
POINT ON THE NORTHERLY LINE OF AN EXISTING 17.50' UTILITY EASEMENT; THENCE
S 89°5756" W ALONG SAID NORTHERLY LINE FOR 11.00' TO THE "POINT OF BEGINNING"
OF SAID STRIP OF LAND.
THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 698 SQUARE FEET OR 0.0160 ACRES.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby
expressly repealed.
PASSED AND APPROVED this 5th day of June, 2007.
SEAL
ATTEST
Sherry Bish ,City Clerk
APPROVED:
Steve Cataudella, Mayor
APPROVED:
, City Attorney
SMITH FARMS
MARKETPLACE
Belk
Pets Mart
Hobby Lobby
asso community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www. cityofowasso.com
Easement closure
Hampton Inn & Suites
PUBLISHER'S AFFIDAVIT
ORDINANCE N0.894
PUBLICATION DATE(S)
06/ 19/07
CASE NUMBER: ORD NO. 894
INVOICE NO: 00033449
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a daily newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified
to publish legal notices, advertisements and publications as
provided in Section 106 of Title 25, Oklahoma Statutes 1971
and 1982 as amended, and thereafter, and complies with all
other requirements of the laws of Oklahoma with reference to
legal publications. That said notice, a true copy of which is
attached hereto was published in the regular edition of said
newspaper during the period and time of publication and not in
a supplement, on the ABOVE LISTED DATE(S)
Representative Signatu~,
Subscribed to and sworn to me this 20th day of June, 2007.
Notary Public
ANCY CAROL MOORE
My colmission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 89.25 NolaryPubllc-
Commission 8, 2010
Commission # 06011484
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
June 19, 2007
CITY OF OWASSO
ORDINANCE NO. 894
ORDINANCE CLOSING TO THE PUBLIC USE AUTILITY/ACCESS
EASEMENT LOCATED ON LOT ONE AND LOT THREE, BLOCK TWO,
SMITH FARM MARKETPLACE, 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:
AN 11.00' WIDE STRIP OF LAND THAT IS PART OF AN EXISTING
11.00' UTILITY EASEMENT IN L0T3 IN BLOCK2 OF "SMITH FARM
MARKETPLACE", AN ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF, SAID STRIP OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO-WIT:
STARTING AT THE SOUTHWEST CORNER OF SAID LOT3; THENCE
N00°04'02"W ALONG THE WESTERLY LINE OF LOT3 FOR 17.50' TO
THE "POINT OF BEGINNING" OF SAID STRIP OF LAND; THENCE
CONTINUING N00°04'02"W ALONG SAID WESTERLY LINE FOR
63.45'; THENCE DUE EAST FOR 11.00'TO A POINT ON THE EASTER-
LY LINE OF SAID EXISTING UTILITY EASEMENT; THENCE
S00°04'02"E ALONG SAID EASTERLY LINE FOR 63.44' TO A POINT
ON THE NORTHERLY LINE OF AN EXISTING 17.50' UTILITY EASE-
MENT; THENCE S89°57'56"W ALONG SAID NORTHERLY LINE FOR
11.00' TO THE "POINT OF BEGINNING" OF SAID STRIP OF LAND.
THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 698 SQUARE
FEET OR 0.0160 ACRES.
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 ease-
ment, if any.
NOW, THEREFORE, BE IT ORDAINED 8Y 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:
AN 11.00' WIDE STRIP OF LAND THAT IS PART OF AN EXISTING
11.00' UTILITY EASEMENT IN LOT3 IN BLOCK2 OF "SMITH FARM
MARKETPLACE", AN ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT
THEREOF, SAID STRIP OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO-WIT:
STARTING AT THE SOUTHWEST CORNER OF SAID LOT3; THENCE
N00°04'02"W ALONG THE WESTERLY LINE OF LOT3 FOR 17.50' TO
THE "POINT OF BEGINNING" OF SAID STRIP OF LAND; THENCE
CONTINUING N00°04'02"W ALONG SAID WESTERLY LINE FOR
63.45'; THENCE DUE EAST FOR 11.00'TO A POINT ON THE EASTER-
LY LINE OF SAID EXISTING UTILITY EASEMENT; THENCE
S00°04'02"E ALONG SAID EASTERLY LINE FOR 63.44' TO A POINT
ON THE NORTHERLY LINE OF AN EXISTING 17.50' UTILITY EASE-
MENT; THENCE S89°57'56"W ALONG SAID NORTHERLY LINE FOR
11.00'TO THE "POINT OF BEGINNING" OF SAID STRIP OF LAND.
THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 698 SQUARE
FEET OR 0.0160 ACRES.
Section 2. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby expressly repealed.
PASSED AND APPROVED this 5th day of June, 2007.
/s/ Steve Cataudella, Mayor
ATTEST:
/s/ Sherry Bishop, City Clerk
APPROVED AS TO FORM:
/s/ Julie Lombardi, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: ORDINANCE N0.894
DATE: May 30, 2007
BACKGROUND:
At the May 15, 2007 meeting, the Owasso City Council approved the closure of 64' of an 11' Utility
Easement that lies along the common lot lines between Lot 2 and Lot 3, Block 2, Smith Farm
Marketplace. Attached is a copy of Ordinance No. 894 that fornially adopts the City Council's action
of May 15, 2007.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 894.
ATTACHMENT:
1. Ordinance No. 894
2. Subject Map