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HomeMy WebLinkAbout971_Easement Closure Tulsa Tech Owasso CampusTulsa County Clerk - EARLENE WILSON Doc # 2010091081 Page(s): 5 Recorded 10/08/2010 at 12:03 PM Receipt # 235065 Fee $21.00 CITY OF OWASSO ORDINANCE NO. 971 ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 9, 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 to the public use a portion of a certain utility easement; WHEREAS, said utility easement is described as follows: Book and page 6959/0071-0073 The west half of the northwest quarter of the southeast quarter (W/2 NW/4 SE/4) and the west half of the east half of the northwest quarter of the southeast quarter(W/2 E/2 NW/4 SE/4) of Section 9, Township 21 North, Range 14 e of the Indian base and meridian, Tulsa county, state of Oklahoma, according to the U.S. government survey thereof, less and except that portion there of previously conveyed to the state of Oklahoma as right-of- way for the U.S. highway 169, and less and except a tract described as: commencing from the southeast corner of the nw/4 se/4 of said section 9; thence s 88°44'40" w and along the south line of said NW/4 SE/4 a distance of 330.75 feet to the "Point of Beginning"; thence S 88°44'40" W and along said south line a distance of 796.66 feet to a point on the easterly right-of-way line of U.S. Highway 169; Thence N 4°05'39" W and along said Easterly right-of way line a distance of 427.45 feet; thence N 1 ° 18'07" W and along said Easterly right-of-way line a distance of 111.57 feet; thence 88°44'40" E a distance of 817.20 feet to a point on the West line of the E/2 E/2 NW/4 SE/4 of said Section 9; thence S 1 °19'57" E and along said west line a distance of 538.50 feet to the "Point of Beginning". The easements and rights-of-way grated hereby are described as follows: The south 15 feet of the east 757.20 feet of the above described tract; and The north 15 feet of the south 20 feet of the east 30 feet of the west 90 feet of the above described tract. Said rights-of-way to be fifteen (15) feet in width. City of Owasso Ordinance No. 971 Book and page 6957/2476-2479 A tract of land situated in the N/2 of the SE/4 of Section 9, Township 21 North, Range 14 east of the I.B. & Meridian, Tulsa county, State of Oklahoma, being more particularly described as follows: Commencing from the northeast corner of said N/2 SE/4; thence S 88°44'39" W and along the north line of said N/2 SE/4 a distance of 1057.1 feet to the "Point of Beginning"; thence S 1 °20'48" W to a point of the west line of the E/2 E/2 NW/4 SE/4 a distance of 594.62 feet; thence N 1°19'57" W to a point on the north line of the N/2 SE/4 a distance of 780.77 feet; thence 88°44'39" E and along the north line of said N/2 SE/4 a distance of 594.43 feet to the "Point of Beginning". The overhead easements and rights-or way granted hereby are described as follows: The east 15 feet of the north 740.77 feet of the above described tract; and The south 15 feet of the west 554.62 feet of the above described tract, less and except west 20 feet thereof (for which underground easement is hereafter granted; and A parcel in the southeast corner of the above described tract, described as: beginning at the southeast corner of said tract; thence west along the south line thereof a distance of 40 feet; thence north parallel with the east line of said tract a distance of 15 feet; thence in a northeasterly direction to a point that is 15 feet west and 40 feet north of the southeast corner of the said tract; thence east parallel with the south line of said tract a distance of 15 feet to a point on the east line of said tract; thence south along the east line of said tract a distance of 40 feet to the "Point of Beginning". Underground easement: The underground easement and right-of-way granted hereby is described as follows: The south 15 feet of the west 20 feet of the above described tract. 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: Book and page 6959/0071-0073 The west half of the northwest quarter of the southeast quarter (W/2 NW/4 SE/4) and the west half of the east half of the northwest quarter of the southeast quarter(W/2 E/2 NW/4 SE/4) of Section 9, Township 21 North, Range 14 e of the Indian base and meridian, Tulsa county, state of Oklahoma, according to the U.S. government survey thereof, less and except that portion there of previously conveyed to the state of Oklahoma as right-of- way for the U.S. highway 169, and less and except a tract described as: commencing from the southeast corner of the nw/4 se/4 of said section 9; thence s 88°44'40" w and along the south line of said NW/4 SE/4 a distance of 330.75 feet to the "Point of Beginning"; thence S 88°44'40" W and along said south line a distance of 796.66 feet to a point on the easterly right-of-way line of U.S. Highway 169; Thence N 4°05'39" W and along said Easterly right-of way line a distance of 427.45 feet; thence N 1°18'07" W and along said Easterly right-of-way line a distance of 111.57 feet; thence 88°44'40" E a distance of 817.20 feet to a point on the West line of the E/2 E/2 NW/4 SE/4 of said Section 9; thence S 1 °19'57" E and along said west line a distance of 538.50 feet to the City of Owasso Ordinance No. 971 "Point of Beginning" The easements and rights-of-way grated hereby are described as follows: The south 15 feet of the east 757.20 feet of the above described tract; and The north 15 feet of the south 20 feet of the east 30 feet of the west 90 feet of the above described tract. Said rights-of-way to be fifteen (15) feet in width. Book and page 6957/2476-2479 A tract of land situated in the N/2 of the SE/4 of Section 9, Township 21 North, Range 14 east of the I.B. & Meridian, Tulsa county, State of Oklahoma, being more particularly described as follows: Commencing from the northeast corner of said N/2 SE/4; thence S 88°44'39" W and along the north line of said N/2 SE/4 a distance of 1057.1 feet to the "Point of Beginning"; thence S 1 °20'48" W to a point of the west line of the E/2 E/2 NW/4 SE/4 a distance of 594.62 feet; thence N 1°19'57" W to a point on the north line of the N/2 SE/4 a distance of 780.77 feet; thence 88°44'39" E and along the north line of said N/2 SE/4 a distance of 594.43 feet to the "Point of Beginning". The overhead easements and rights-or way granted hereby are described as follows: The east 15 feet of the north 740.77 feet of the above described tract; and The south 15 feet of the west 554.62 feet of the above described tract, less and except west 20 feet thereof (for which underground easement is hereafter granted; and A parcel in the southeast corner of the above described tract, described as: beginning at the southeast corner of said tract; thence west along the south line thereof a distance of 40 feet; thence north parallel with the east line of said tract a distance of 15 feet; thence in a northeasterly direction to a point that is 15 feet west and 40 feet north of the southeast corner of the said tract; thence east parallel with the south line of said tract a distance of 15 feet to a point on the east line of said tract; thence south along the east line of said tract a distance of 40 feet to the "Point of Beginning". Underground easement: The underground easement and right-of-way granted hereby is described as follows: The south 15 feet of the west 20 feet of the above described tract. 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, together with an accurate map of the partially vacated easement. City of Owasso Ordinance No. 971 PASSED AND APPROVED this 5th day of October, 2010. /J l APPROVED: Doug(Bonebfake, Mayor ATTEST: Sherry Bishop, i Clerk OF OFFICIAL SEAL APPROVED AS TO FORM: Julie Lombardi, City Attorney Easement Closure Tulsa Tech Owasso Campus PUBLISHER'S AFFIDAVIT ORD NO. 971 PUBLICATION DATE(S) 10/13/10 112391 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, October 13, 2010. CITY OF OWASSO ORDINANCE NO. 971 CASE NUMBER: ORD NO. 971 AD NO: 00112391 ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF SECTION 9, 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 nec- essary and expedient to close to the public use a portion of a cer- tain utility easement; LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I, of lawful age, being duly sworn, am a legE Owasso Reporter of Owasso, Oklahoma, a of general circulation in Tulsa, Oklahoma, e fied to publish legal notices, advertisements provided in Section 106 of Title 25, Oklahc and 1982 as amended, and thereafter, and other requirements of the laws of Oklahoma legal publications. That said notice, a true attached hereto was published in the regul newspaper during the period and time of pub a supplement, on the ABOVE LISTED DAT Representative Sil Subscribed to and sworn to me this 14th day Notary Public , NANCY CAROL My commission number: 06011684 My commission expires: December 8, 2010 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 274.40 NANCY CAROL MOORE Notary Public - Stale of Oklahoma Tulsa County 8; J My Commission Expires December 8, 2010 Commission # 06011684 WHEREAS, said utility easement is described as follows Book and page 6959/0071-0073 The West Half of the Northwest Quarter of the Southeast Quarter (W/2 NW/4 SE/4) and the West Half of the East Half of the Northwest Quarter of the Southeast Quarter (W/2 E/2 NW/4 SE/4) of Section 9, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, less and except that portion there of previously conveyed to the State of Oklahoma as right-of-way for the U.S. highway 169, and less and except a tract described as: Commencing from the Southeast Corner of the NW/4 SE/4 of said section 9; Thence S 88°44'40" W and along the South line of said NW/4 SEA a distance of 330.75 feet to the "Point of Beginning"; Thence S 88°44'40" W and along said South line a distance of 796.66 feet to a point on the Easterly right-of-way line of U.S. Highway 169; Thence N 4°05'39" W and along said Easterly right-of way line a distance of 427.45 feet; Thence N 1 °18'07" W and along said Easterly right-of-way line a distance of 111.57 feet; Thence 88°44'40" E a distance of 817.20 feet to a point on the West line of the E12 E/2 NW/4 SE/4 of said Section 9; Thence S 1 °19'57" E and along said West line a distance of 538.50 feet to the "Point of Beginning". The easements and rights-of-way grated hereby are described as follows: The South 15 feet of the East 757.20 feet of the above described tract; and The North 15 feet of the South 20 feet of the East 30 feet of the West 90 feet of the above described tract. Said rights-of-way to be fifteen (15) feet in width. Book and page 6957/2476-2479 A tract of land situated in the N/2 of the SE/4 of Section 9, Township 21 North, Range 14 East of the I.B. & Meridian, Tulsa County, State of Oklahoma, being more particularly described as follows: Commencing from the Northeast Corner of said N/2 SE/4; thence S 88°44'39" W and along the North line of said N/2 SEA a distance of 1057.1 feet to the "Point of Beginning"; thence S 1'20'48"W to a point of the West line of the E/2 E/2 NW/4 SE14 a distance of 594.62 feet; Thence N 1°19'57" W to a point on the North line of the N/2 SE/4 a distance of 780.77 feet; Thence 88°44'39" E and along the North line of said N/2 SEA a dis- tance of 594.43 feet to the "Point of Beginning". The overhead easements and rights-or way granted hereby are described as follows: The East 15 feet of the North 740.77 feet of the above described tract; and The South 15 feet of the West 554.62 feet of the above described tract, less and except West 20 feet thereof (for which underground easement is hereafter granted; and A parcel in the Southeast Corner of the above described tract, described as: Beginning at the Southeast Corner of said tract; Thence West along the South line thereof a distance of 40 feet; thence North parallel with the East line of said tract a distance of 15 feet; Thence in a Northeasterly direction to a point that is 15 feet West and 40 feet North of the Southeast Corner of the said tract; Thence East parallel with the South line of said tract a distance of 15 feet to a point on the East line of said tract; Thence South along the East line of said tract a distance of 40 feet to the "Point of Beginning". Underground easement: The underground easement and right- of-way granted hereby is described as follows: The South 15 feet of the West 20 feet of the above described tract. 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: Book and page 6959/0071-0073 The West Half of the Northwest Quarter of the Southeast Quarter (W/2 NW/4 SE/4) and the West Half of the East Half of the Northwest Quarter of the Southeast Quarter (W/2 E/2 NW/4 SE/4) of Section 9, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, less and except that portion there of previously conveyed to the State of Oklahoma as right-of-way for the U.S. highway 169, and less and except a tract described as: Commencing from the Southeast Corner of the NW/4 SEA of said section 9; Thence S 88°44'40" W and along the South line of said NW/4 SEA a distance of 330.75 feet to the "Point of Beginning"; Thence S 88°44'40" W and along said South line a distance of 796.66 feet to a point on the Easterly right-of-way line of U.S. Highway 169; Thence N 4°05'39" W and along said Easterly right-of way line a distance of 427.45 feet; Thence N 1 °18'07" W and along said Easterly rigght-of-way line a distance of 111.57 feet; Thence 88°44'40" E a distance of 817.20 feet to a point on the West line of the E/2 E/2 NW/4 SEA of said Section 9; Thence S 1 °19'57" E and along said West line a distance of 538.50 feet to the "Point of Beginning". The easements and rights-of-way grated hereby are described as follows: The South 15 feet of Me East 757.20 feet of the above described tract; and The North 15 feet of the South 20 feet of the East 30 feet of the West 90 feet of the above described tract. Said rights-of-way to be fifteen (15) feet in width. Book and page 6957/2476-2479 A tract of land situated in the N/2 of the SEA of Section 9, Township 21 North, Range 14 East of the I.B. & Meridian, Tulsa County, State of Oklahoma, being more particularly described as follows: Commencing from the Northeast Corner of said N/2 SEA Thence S 88°44'39" W and along the North line of said N/2 SEA a distance of 1057.1 feet to the "Point of Beginning"; Thence S 1°20'48" W to a point of the West line of the E/2 E/2 NW/4 SE/4 a distance of 594.62 feet; Thence N 1°19'57" W to a point on the North line of the N/2 SE/4 a distance of 780.77 feet; Thence 88°44'39" E and along the North line of said N/2 SE/4 a distance of 594.43 feet to the "Point of Beginning". The overhead easements and rights-or way granted hereby are described as follows: The East 15 feet of the North 740.77 feet of the above described tract; and The South 15 feet of the West 554.62 feet of the above described tract, less and except West 20 feet thereof (for which underground easement is hereafter granted; and A parcel in the Southeast Corner of the above described tract, described as: Beginning at the Southeast Corner of said tract; Thence West along the South line thereof a distance of 40 feet; Thence North parallel with the East line of said tract a distance of 15 feet; Thence in a Northeasterly direction to a point that is 15 feet West and 40 feet North of the Southeast Corner of the said tract; Thence East parallel with the South line of said tract a distance of 15 feet to a point on the East line of said tract; Thence South along the East line of said tract a distance of 40 feet to the "Point of Beginning". Underground easement: The underground easement and right- of-way granted hereby is described as follows: The South 15 feet of the West 20 feet of the above described tract. Section 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 effec- tive thirty (30) days from the date of final passage as provided by state law. Section . That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the partially vacated easement. PASSED AND APPROVED this 5th day of October, 2010 /s/ Doug Bonebrake, Mayor /s/Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney TO: The Honorable Mayor and City Council City of Owasso FROM: Larissa Darnaby-Pruner City Planner SUBJECT: Ordinance No. 971 DATE: October 1, 2010 BACKGROUND: At the July 20, 2010 meeting, the Owasso City Council approved a request for a partial easement closure located on what is recognized as the Tulsa Technology Center's future campus. The subject property is located on the north side of East 106'" Street North and east of the Owasso Expressway. The Council took the action on this partial easement closure request following the Planning Commission's approval on July 12, 2010. Attached is a copy of Ordinance No. 971 that formally adopts the City Council's action of July 20, 2010. RECOMMENDATION: The staff recommends City Council approval of Ordinance No. 971. ATTACHMENT: A. Ordinance No. 971