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HomeMy WebLinkAbout989_Closing Lake Valley IV ROW1 -2011- 007337 Book 2176 Pg: 475 06/13/2011 10:18 am Pg 0475 -0476 Fee: $ 15.00 Doc: $ 0.00 Peggy Armstrong - Rogers County Clerk. State of Oklahoma CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 989 AN ORDINANCE CLOSING TO THE PUBLIC USE OF A PUBLIC RIGHT OF WAY LOCATED BETWEEN BLOCK 3 AND 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. WHEREAS CITY OF OWASSO RETAINS 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 public right of way; and, WHEREAS, said public right of way is described as follows: A tract of land located in Lake Valley IV, a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, as filed in the records of the Rogers County Clerk's office in Book 2100, Page 227, being more particularly described as follows: The area of 110th Street North lying between Block 3 and Block 9, "Lake Valley IV ", bounded on the west by the general north /south line of the easterly right of way for 154th East Avenue Said tract contains 7,767 square feet or 0.1783 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 That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed.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 All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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. 989 June 7, 2011 PASSED AND APPROVED this 7th day of June, 2011. (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney 1 -2011- 007337 Book 2176 Pg: 476 06/13/2011 10:18 am Pg 0475 -0476 Fee: $ 15.00 Doc: $ 0.00 Peggy Armstrong - Rogers County Clerk State of Oklahoma Doug Bonebrake, Mayor PUBLISHER'S AFFIDAVIT PUBLICATION 06/16/11 CASE NUMBER: ORD NO. 989 AD NO: 00126045 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 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) entative Signature Subscribed to and sworn to me this 17th day of June, 2011. Notary Public ANCY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 88.20 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12 -8 -2014 126045 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, June 16, 2011. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 989 AN ORDINANCE CLOSING TO THE PUBLIC USE OF A PUB- LIC RIGHT OF WAY LOCATED BETWEEN BLOCK 3 AND 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. WHEREAS CITY OF OWASSO RETAINS THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES 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 public right of way; and, WHEREAS, said public right of way is described as follows: A tract of land located In Lake Valley IV, a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, as filed in the records of the Rogers County Clerk's office in Book 2100, Page 227, being more particularly described as follows: The area of 110th Street North lying between Block 3 and Block 9, "Lake Valley IV", bounded on the west by the general north /south line of the easterly right of way for 154th East Avenue Said tract contains 7,767 square feet or 0.1783 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 uncon- stRutional, 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. 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 The. City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Ordinance No. 989 DATE: June 3, 2011 BACKGROUND: At the May 17, 2011 meeting, the Owasso City Council approved a request to close the right of way for 7,767 square feet of 1 10th Street North lying between Block 3 and Block 9 of the Lake Valley IV development. Attached is a copy of Ordinance No. 989, which formally adopts the City Council's actions of May 17, 2011. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 989. ATTACHMENTS: 1. Ordinance No. 989