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HomeMy WebLinkAbout988_Closing Lake Valley IV Easement1-2011-007338 Book 2176 Pg: 477 06/13/2011 10:18 am Pg 0477-0478 V Fee: $ 15.00 Doc: $ 0.00 Peggy Armstrong - Rogers County Clerk State of Oklahoma CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 988 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTLITY/ACCESS EASEMENT LOCATED BETWEEN LOT 23, BLOCK 3 and LOT 1, Block 9, LAKE VALLEY IV, AN ADDITION TO THE CITY OF OWASSO, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST, ROGERS 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: A tract of land located in 110th Street North, Lot 1 and Reserve "C", Block 9, Lake Valley IV, a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, Book 2100, Page 227, as filed in the records of the Rogers County Clerks office, being more particularly described as follows: Beginning at the northeast corner of Reserve "C", Block 9, "Lake Valley IV"; Thence S 00°00'09" E along the east line of Reserve "C", Block 9, "Lake Valley IV" a distance of 20.00 feet; Thence S 90°00'00" W a distance of 149.99 feet; Thence N 00°00'00" E a distance of 27.00 feet; Thence N 90°00'00" E a distance of 20.00 feet; Thence S 00°00'00" W a distance of 7.00 feet; Thence N 90°00'00" E a distance of 129.98 feet to the "Point of Beginning". Said tract contains 3,140 square feet or 0.0721 acres. Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. 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 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this Ordinance. Ordinance No. 988 June 7, 201 1 1-2011-007338 Book 2176 Pg: 478 06/13/2011 10:18 am Pg 0477-0478 Fee: $ 15.00 Doc: $ 0.00 Peggy Armstrong - Rogers County Clerk State of Oklahoma PASSED AND APPROVED this 7th day of June, 2011. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 988 06/16/11 CASE NUMBER: ORD NO. 988 AD NO: 00126043 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 17th day of June, 2011. Notary Public , NA CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 96.60 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAH0f0A COMMISSION NO. 06011684 EXPIRES 12-8-2014 126043 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, June 16, 2011. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 988 AN ORDINANCE CLOSING TO THE PUBLIC USE A UTLI- TY/ACCESS EASEMENT LOCATED BETWEEN LOT 23, BLOCK 3 and LOT 1, Block 9, LAKE VALLEY IV, AN ADDI- TION TO THE CITY OF OWASSO, LOCATED IN THE SOUTH- WEST QUARTER OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST, ROGERS COUNTY, OKLAHOMA. THE ABSOLUTE RIGHTTO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH. 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/access easement; WHEREAS, said utility/access easement is described as follows: A tract of land located in 110th Street North, Lot 1 and Reserve "C", Block 9, Lake Valley IV, a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, Book 2100, Page 227, as filed in the records of the Rogers County Clerks office, being more partic- ularly described as follows: Beginning at the northeast corner of Reserve "C", Block 9, "Lake Valley IV"; Thence S 00°00'09" E along the east line of Reserve "C", Block 9, "Lake Valley IV" a distance of 20.00 feet; Thence S 90°00'00" W a distance of 149.99 feet; Thence N 00°00'00" E a distance of 27.00 feet; Thence N 90°00'00" E a distance of 20.00 feet; Thence S 00°00'00" W a distance of 7.00 feet; Thence N 90°00'00" E a distance of 129.98 feet to the "Point of Beginning". Said tract contains 3,140 square feet or 0.0721 acres Section 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. 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 . The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this 7th day of June, 2011. /s/ Doug Bonebrake, Mayor ATTEST: /s/ Juliann M. Stevens, Deputy, City Clerk APPROVED AS TO FORM:/ s/ Julie Lombardi, City Attorney Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Ordinance No. 988 DATE: June 3, 2011 BACKGROUND: At the May 17, 2011 meeting, the Owasso City Council approved a request to close 3,140 square feet of a utility easement in the Lake Valley IV development between Lot 23, Block 3 and Lot 1, Block 9. The easement is part of a larger utility easement described and referenced in Book 1841, Page 878, which also covers Lake Valley II and Lake Valley IV. Attached is a copy of Ordinance No. 988, which formally adopts the City Council's actions of May 17, 2011. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 988. ATTACHMENTS: 1. Ordinance No. 988