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Home My WebLink About943_Easement Closure_10103 E 96 Ct NTulsa County Clerk - EARLENE WILSON Doc # 2009088236 Page(s): 2 Recorded 08/24/2009 at 11:26 AM OkGgHOMpt7 Receipt ## 165335 Fee $15.00 CITY OF OWASSO ORDINANCE NO. 943 AN ORDINANCE CLOSING TO THE PUBLIC USE OF A UTILITY EASEMENT LOCATED IN SECTION 19, TOWNSHIP 21 NORTH, RANGE 14 EAST, 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 and partially close to the public use a portion of two utility easements; and, WHEREAS, said utility easements are described as follows: A Tract of Land containing the easement to be vacated is described as, Lot Two (2), Block Six (6), Fairways IV at Bailey Ranch, a subdivision in the NE Quarter of the NW Quarter of Section Nineteen (19), Township Twenty One (21), Range Fourteen (14) East, City of Owasso, Tulsa County, State of Oklahoma more particularly described as: Commencing from the Northwest Corner of said lot, Thence South 13 °26'24" East a distance of 21.71 feet, Thence North 76 °33'36" East a distance of 9.20 feet to the Point of Beginning, Thence North 89 °54'33" East a distance of 30.00 feet, Thence North 00 °05'27" West a distance of 13.00 feet, Thence South 89 °54'33" West a distance of 30.00 feet, thence South 00 °05'27" East a distance of 13.00' to the Point of Beginning. Said easement to be vacated contains 390 square feet or 0.009 acres. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. A Tract of Land containing the easement to be vacated is described as, Lot Two (2), Block Six (6), Fairways IV at Bailey Ranch, a subdivision in the NE Quarter of the NW Quarter of Section Nineteen (19), Township Twenty One (21), Range Fourteen (14) East, City of Owasso, Tulsa County, State of Oklahoma more particularly described as: Commencing from the Northwest Corner of said lot, Thence South 13 °26'24" East a distance of 21.71 feet, Thence North 76 033'36" East a distance of 9.20 feet to the Point of Beginning, Thence North 89 °54'33" East a distance of 30.00 feet, Thence North 00 °05'27" West a distance of 13.00 feet, Thence South 89 °54'33" West a distance of 30.00 feet, thence South 00 °05'27" East a distance of 13.00' to the Point of Beginning. Said easement to be vacated contains 390 square feet or 0.009 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 unconstitutional, 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 correct copy of this Ordinance. PASSED AND APPROVED this 4th day of August, 2009. OFFICIAL SEAL Steph n Cataudella, Mayor Sherry Bisho, City Clerk APPROVED AS TO FORM: Juli Lombardi, City Attorney Ord No. 943 PUBLISHER'S AFFIDAVIT ORD NO. 943 PUBLICATION DATE(S) 08/11/09 CASE NUMBER: ORD NO. 943 AD NUMBER: 00087030 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I SS 1, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of' general circulation in Tulsa, Oklahoma, a newspaper quali- fied 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) tative Signature Subscribed to and sworn to me this 12th day of August, 2009. Notary Public NANCY 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 MOORE Notary Public - State of Oklahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 87030 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 11, 2009. CITY OF OWASSO ORDINANCE NO. 943 AN ORDINANCE CLOSING TO THE PUBLIC USE OF A UTILITY EASEMENT LOCATED IN SECTION 19, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, AND REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it neces- sary and expedient to close and partially close to the public use a portion of two utility easements; and, WHEREAS, said utility easements are described as follows: A Tract of Land containing the easement to be vacated is described as, Lot Two (2), Block Six (6), Fairways IV at Bailey Ranch, a subdi- vision in the NE Quarter of the NW Quarter of Section Nineteen (19), Township Twenty One (21), Range Fourteen (14) East, City of Owasso, Tulsa County, State of Oklahoma more particularly described as: Commencing from the Northwest Corner of said lot, Thence South 13 °26'24" East a distance of 21.71 feet, Thence North 76 °33'36" East a distance of 9.20 feet to the Point of Beginning, Thence North 89 °54'33" East a distance of 30.00 feet, Thence North 00 °05'27" West a distance of 13.00 feet, Thence South 89 °54'33" West a distance of 30.00 feet, thence South 00 °05'27" East a dis- tance of 13.00'to the Point of Beginning. Said easement to be vacat- ed contains 390 square feet or 0.009 acres. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. A Tract of Land containing the easement to be vacated is described as, Lot Two (2), Block Six (6), Fairways IV at Bailey Ranch, a subdivision in the NE Quarter of the NW Quarter of Section Nineteen (19), Township Twenty One (21), Range Fourteen (14) East, City of Owasso, Tulsa County, State of Oklahoma more partic- ularly described as: Commencing from the Northwest Corner of said lot, Thence South 13 °26'24" East a distance of 21.71 feet, Thence North 76 °33'36" East a distance of 9.20 feet to the Point of Beginning, Thence North 89 °54'33" East a distance of 30.00 feet, Thence North 00 °05'27" West a distance of 13.00 feet, Thence South 89 °54'33" West a distance of 30.00 feet, thence South 00 °05'27" East a dis- tance of 13.00'to the Point of Beginning. Said easement to be vacat- ed contains 390 square feet or 0.009 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 unconstitutional, 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 4th day of August, 2009 /s /Stephen 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: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 943 DATE: JULY 28, 2009 BACKGROUND: At the July 21, 2009 meeting, the Owasso City Council approved a request for a partial easement closure located in the rear yard on property zoned RS -3 Single Family Residential District. The subject property is located at 10103 East 95th Court North and is recognized as being Lot 2, Block 6, Fairways IV at Bailey Ranch. The Council took the action on this partial easement closure request following the Planning Commission's approval on July 13, 2009. Attached is a copy of Ordinance No. 943 that formally adopts the City Council's action of July 21, 2009. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 943. ATTACHMENT: 1. Ordinance No. 943