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HomeMy WebLinkAbout930_Easement Closure Lake Valley III Book 1985 Pg: 422 10/17/2008 9:22 am Pg 0422 -0423 CITY OF OWASSO Fee: $ 15.00 Doc: $ 0.00 ORDINANCE N0.930 Peggy Armstrong - Rogers County Clerk State of Oklahoma ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST, ROGERS 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 easement; WHEREAS, said utility easement is described as follows: An easement in the SW /4, of Section 10, Township 21 North, Range 14 East, Rogers County, Oklahoma, being more particularly described as follows: The south 5.00 feet of the 10 -foot side yard easement adjacent to the north line of Lot 18, Block 9, "Lake Valley III ", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, as filed in Book 1945, Page 685 in the records of the Rogers County Clerk's office; the side lines of said south 5.00 feet to be shortened or lengthened to terminate on the 20 -foot front yard building line and utility easement and the rear yard 17.5 -foot building line and utility easement in said lot 18; said 5.00 feet being measured perpendicularly from the north line of said Lot 18. Said tract contains 388 square feet or 0.0089 acres. 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: The south 5.00 feet of the 10 -foot side yard easement adjacent to the north line of Lot 18, Block 9, "Lake Valley III ", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, as filed in Book 1945, Page 685 in the records of the Rogers County Clerk's office; the side lines of said south 5.00 feet to be shortened or lengthened to terminate on the 20 -foot front yard building line and utility easement and the rear yard 17.5 -foot building line and utility easement in said lot 18; said 5.00 feet being measured perpendicularly from the north line of said Lot 18. Said tract contains 388 square feet or 0.0089 acres. JCi ty of Owasso Attn: Legal P.O. Box 180 Owasso, OK 74055 PUBLISHER'S AFFIDAVIT ORD NO. 930 PUBLICATION DATE(S) 10/14/08 CASE NUMBER: ORD NO. 930 AD NO: 00068363 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I 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 Signature Subscribed to and sworn to me this 15th day of October, 2008. Notary Public CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 117.60 , ; NANCY CAROL MOOR' Notary Public - Slate of Oklahoma a: > Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 68363 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, October 14, 2008. CITY OF OWASSO ORDINANCE NO. 930 ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASE- MENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST, ROGERS COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES 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 certain utility easement; WHEREAS, said utility easement is described as follows: An easement in the SW /4, of Section 10, Township 21 North, Range 14 East, Rogers County, Oklahoma, being more particularly described as follows: The south 5.00 feet of the 10 -foot side yard easement adjacent to the-north line of Lot 18, Block 9, "Lake Valley III ", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, as filed in Book 1945, Page 685 in the records of the Rogers County Clerk's office; the side lines of said south 5.00 feet to be shortened or lengthened to terminate on the 20 -foot front yard building line and utility easement and the rear yard 17.5 -foot building line and utility easement in said lot 18; said 5.00 feet being measured perpendicularly from the north line of said Lot 18. Said tract contains 388 square feet or 0.0089 acres. 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: The south 5.00 feet of the 10 -foot side yard easement adjacent to the north line of Lot 18, Block 9, "Lake Valley III ", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, as filed in Book 1945, Page 685 in the records of the Rogers County Clerk's office; the side lines of said south 5.00 feet to be shortened or lengthened to terminate on the 20 -foot front yard building line and utility easement and the rear yard 17.5 -foot building line and utility easement in said lot 18; said 5.00 feet being measured perpendicularly from the north line of said Lot 18. Said tract contains 388 square feet or 0.0089 acres Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. If any part or parts of this ordinance are deemed uncon- stitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this 7th day of October, 2008 /s/ Stephen Cataudella, Mayor ATTEST: /s /Sherry Bishop, City Clerk (seal) APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney APPROVED BY COUNCIL TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 930 DATE: SEPTEMBER 30, 2008 BACKGROUND: At the September 16, 2008 meeting, the Owasso City Council approved a request to close a portion of a utility easement on property located at Lot 18, Block 9, Lake Valley III. Attached is a copy of Ordinance No. 930 that formally adopts the City Council's action of September 16, 2008. The Council took action on this drainage easement closure following the Planning Commission's approval on September 8, 2008. Attached is a copy of Ordinance No. 930 that formally adopts the City Council's action of September 16, 2008. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 930. ATTACHMENT: 1. Ordinance No. 930