Broken Arrow City Council
Meeting of: 11-01-16
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, and possible approval of Resolution No. 949, a Resolution authorizing the City Attorney to enter into the Final Journal Entry of Judgment in the Matter of Thomas Goekeler and Stephanie Goekeler v City of Broken Arrow, et al, filed in Tulsa County, State of Oklahoma, Case No. CV-2016-01369 authorizing foreclosure and vacation of an easement generally located approximately 1/2 mile north of West Florence Street and east of South Mingo Road
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Background:
On October 7, 2016, Thomas Goekeler and Stephanie Goekeler, filed a Petition to Quiet Title and Vacate Easement on the following described property:
A 10 FOOT WIDE UTILITY EASEMENT, AFFECTING THE EAST 5 FEET OF LOT 8 AND THE WEST 5 FEET OF LOT 9, BLOCK THREE (3), BERWICK FAIRWAYS II, A SUBDIVISION IN THE CITY OF BROKEN ARROW, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 9, BLOCK 3; THENCE SOUTH 01°53'23" EAST 11.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 85°52'41" EAST 5.00 FEET; THENCE SOUTH 01°53'23" EAST 106.12 FEET; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT HAVING AN ARC DISTANCE OF 10.05 FEET, A RADIUS OF 950.00 FEET, A CHORD BEARING OF NORTH 86°00'39" WEST AND A CHORD DISTANCE OF 10.05 FEET; THENCE NORTH 01°53'23" WEST 104.70 FEET; THENCE NORTH 85°52'41" EAST 5.00 FEET TO THE POINT OF BEGINNING.
The owners filed the Petition to close the utility easement in order to combine Lot 8 and Lot 9 of Block 3 in Berwick Fairways II in order to build a house across both lots. A utility easement will be moved to the west boundary of Lot 8 and a lot combination was approved by Planning Commission on January 8, 2014.
On January 20, 2015, the Council of the City of Broken Arrow, Oklahoma, passed Ordinance No. 3323 closing this Utility Easement. City Staff has reviewed all documents and records pertaining to this request and has no objection to the Petition to Quiet Title and Vacate Easement.
The attached Resolution authorizes the City Attorney to agree to a Journal Entry of Judgment. Once the Journal Entry has been filed with the Court, there will be no further action required in this matter.
Cost: None
Prepared By: Trevor A. Dennis, Deputy City Attorney
Reviewed By: Development Services Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Ordinance No. 3323
Resolution No. 949
Recommendation:
Approve Resolution No. 949 and authorize execution of Journal Entry of Judgment