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HomeMy WebLinkAbout955_Easement Closure_Nottingham Estates IIITulsa County Clerk - EARLENE WILSON Doc # 2009124400 Page(s): 2 Recorded 12/07/2009 at 11:31 AM Receipt # 183006 Fee $15.00 OWASSO ORDINANCE NO. 955 ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN SECTION 21, 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 partially close to the public use a portion of a utility easement; WHEREAS, said utility easement is described as follows: A parcel of land in Lot 1, Block 5 of Nottingham Estates III Addition to the City of Owasso, Tulsa County, State of Oklahoma, said parcel being more particularly described as follows: Commencing at the Southeast corner of said Lot 1; thence N 17 °20'08" E along the easterly line of said Lot 1 a distance of 26.00 feet; thence N 56 °42'55" W a distance of 9.88 feet to the Point of Beginning; thence S 59 °53'53" W a distance of 13.59 feet; thence N 30 °06'07" W a distance of 23.00 feet; thence N 62 °52'32" W a distance of 17.27 feet; thence N 38 °35'06" W a distance of 11.89 feet; thence S 56 °42'55 "E a distance of 55.12 feet to the Point of Beginning. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, THE FOLLOWING DESCRIBED PORTION OF SAID UTILITY EASEMENT BE CLOSED TO THE PUBLIC USE: Section 1. A parcel of land in Lot 1, Block 5 of Nottingham Estates III Addition to the City of Owasso, Tulsa County, State of Oklahoma, said parcel being more particularly described as follows: Commencing at the Southeast corner of said Lot 1; thence N 17 °20'08" E along the easterly line of said Lot 1 a distance of 26.00 feet; thence N 56 °42'55" W a distance of 9.88 feet to the Point of Beginning; thence S 59 °53'53" W a distance of 13.59 feet; thence N 30 °06'07" W a distance of 23.00 feet; thence N 62 °52'32" W a distance of 17.27 feet; thence N 38 °35'06" W a distance of 11.89 feet; thence S 56 °42'55 "E a distance of 55.12 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. 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. APPROVED AS TO FORM: Lombardi, City Attorney PASSED AND APPROVE, 2009. Stephe Cataudella, Mayor PUBLISHER'S AFFIDAVIT ORD NO. 955 PUBLICATION 12/08/09 CASE NUMBER: ORD NO. 955 AD NUMBER: 00094046 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 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) Representative Signature Subscribed to and sworn to me this 9th day of December, 2009. Notary Public N CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO 94046 Oklahoma, December 8, 2009. CITY OF OWASSO ORDINANCE NO. 955 ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN SECTION 21, 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 neces- sary and expedient to partially close to the public use a portion of a utility easement; WHEREAS, said utility easement is described as follows: A parcel of land in Lot 1, Block 5 of Nottingham Estates III Addition to the City of Owasso, Tulsa County, State of Oklahoma, said parcel being more particularly described as follows: Commencing at the Southeast corner of said Lot 1; thence N 17 °20'08" E along the easterly line of said Lot 1 a distance of 26.00 feet; thence N 56 °42'55" W a distance of 9.88 feet to the Point of Beginning; thence S 59 "53'53" W a distance of 13.59 feet; thence N 30 °06'07" W a distance of 23.00 feet; thence N 62 °52'32" W a dis- tance of 17.27 feet; thence N 38 °35'06" W a distance of 11.89 feet; thence S 56 °42'55 "E a distance of 55.12 feet to the Point of Beginning. NOW,THEREFORE, BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA, THAT, THE FOLLOWING DESCRIBED PORTION OF SAID UTILITY EASEMENT BE CLOSED TO THE PUBLIC USE: Section 1. A parcel of land in Lot 1, Block 5 of Nottingham Estates III Addition to the City of Owasso, Tulsa County, State of Oklahoma, said parcel being more particularly described as follows: Commencing at the Southeast corner of said Lot 1; thence N 17 °20'08" E along the easterly line of said Lot 1 a distance of 26.00 feet; thence N 56 °42'55" W a distance of 9.88 feet to the Point of Beginning; thence S 59 "53'53" W a distance of 13.59 feet; thence N 30 "06'07" W a distance of 23.00 feet; thence N 62 °52'32" W a dis- tance of 17.27 feet; thence N 38 °35'06" W a distance of 11.89 feet; thence S 56 °42'55 "E a distance of 55.12 feet to the Point of Beginning. Section 2. That all ordinances or parts of ordinances in conflict here- with be, and the same are hereby expressly repealed. 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 1 st day of December, 2009 /s/ Stephen Cataudella, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney NANCY CAROL MOORE Publisher's Fee: 100.80 Notary Public - State of Oklahoma Tulsa County My Commission Expires December 8, 2010 Commission # 06011684 94046 Oklahoma, December 8, 2009. CITY OF OWASSO ORDINANCE NO. 955 ORDINANCE CLOSING TO THE PUBLIC USE A PORTION OF A UTILITY EASEMENT LOCATED IN SECTION 21, 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 neces- sary and expedient to partially close to the public use a portion of a utility easement; WHEREAS, said utility easement is described as follows: A parcel of land in Lot 1, Block 5 of Nottingham Estates III Addition to the City of Owasso, Tulsa County, State of Oklahoma, said parcel being more particularly described as follows: Commencing at the Southeast corner of said Lot 1; thence N 17 °20'08" E along the easterly line of said Lot 1 a distance of 26.00 feet; thence N 56 °42'55" W a distance of 9.88 feet to the Point of Beginning; thence S 59 "53'53" W a distance of 13.59 feet; thence N 30 °06'07" W a distance of 23.00 feet; thence N 62 °52'32" W a dis- tance of 17.27 feet; thence N 38 °35'06" W a distance of 11.89 feet; thence S 56 °42'55 "E a distance of 55.12 feet to the Point of Beginning. NOW,THEREFORE, BE IT ORDAINED BYTHE COUNCIL OFTHE CITY OF OWASSO, OKLAHOMA, THAT, THE FOLLOWING DESCRIBED PORTION OF SAID UTILITY EASEMENT BE CLOSED TO THE PUBLIC USE: Section 1. A parcel of land in Lot 1, Block 5 of Nottingham Estates III Addition to the City of Owasso, Tulsa County, State of Oklahoma, said parcel being more particularly described as follows: Commencing at the Southeast corner of said Lot 1; thence N 17 °20'08" E along the easterly line of said Lot 1 a distance of 26.00 feet; thence N 56 °42'55" W a distance of 9.88 feet to the Point of Beginning; thence S 59 "53'53" W a distance of 13.59 feet; thence N 30 "06'07" W a distance of 23.00 feet; thence N 62 °52'32" W a dis- tance of 17.27 feet; thence N 38 °35'06" W a distance of 11.89 feet; thence S 56 °42'55 "E a distance of 55.12 feet to the Point of Beginning. Section 2. That all ordinances or parts of ordinances in conflict here- with be, and the same are hereby expressly repealed. 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 1 st day of December, 2009 /s/ Stephen Cataudella, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 955 DATE: NOVEMBER 19, 2009 BACKGROUND: At the November 17, 2009 meeting, the Owasso City Council approved a request to close a portion of a 25' utility easement on property located in the rear yard of 13800 East 94th Street North. Attached is a copy of Ordinance No. 955 that formally adopts the City Council's action of November 17, 2009. The Council took the action on this partial utility easement closure following the Planning Commission's approval on November 9, 2009. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 955. ATTACHMENT: 1. Ordinance No. 955