Broken Arrow City Council
Meeting of: 02-16-2016
To: Mayor and City Council Members
From: Development Services Department
Title:
title
Consideration, discussion and possible approval of a Release And Relinquishment Of Mutual Access Easements for Lot 2, Block 1 and Lots 1 and 2, Block 1 of Hillside Crossings (Plat No. 6505), belonging to Hillside Development LLC, Hillside Development Block 2, Lot 1, LLC and Shops at Lynn Lane, L.L.C., generally located north of the Broken Arrow Expressway, west of 9th Street, Tulsa County, State of Oklahoma (Section 02, T18N, R14E)
End
Background:
The applicant, Stephen Schuller of GableGotwals, has requested on behalf of Hillside Development LLC, the approval of a RELEASE AND RELINQUISHMENT OF MUTUAL ACCESS EASEMENT. The Mutual Access Easement established by the Deed of Dedication and Declaration of Restrictive Covenants (in “Section I” of the Dedication) as a private mutual access easement benefitting the owners of lots in “Hillside Crossings” and Shops at Lynn Lane. Amendments to the provisions of Section I of the Dedication require the approval of the City of Broken Arrow. The owners and mortgage holders of the lands in the Hillside Crossings subdivision and the adjacent Shops at Lynn Lane have agreed to release and extinguish the Mutual Access Easement to facilitate the commercial development of the property, which is presently vacant, and accommodate development plans that no longer require the Mutual Access Easement as located on the Plat and seen on the conceptual Site Plan. Staff understands there are plans by the land owners for a future Mutual Access Easement along the north boundary of Hillside Crossings and the south boundary of Shops at Lynn Lane.
City staff has reviewed the private Mutual Access Easement release and relinquishment documents and are in agreement with the closure. Staff recommends the Council approve the RELEASE AND RELINQUISHMENT OF MUTUAL ACCESS EASEMENT acknowledging the described mutual access easements are no longer needed or required for any purposes.
Cost: None
Prepared By: Michael, W. Skates, P.E., CFM, Development Services Director
Reviewed By: Engineering and Construction
Utilities Department
Legal Department
Acting Assistant City Manager
Approved By: Michael L. Spurgeon, City Manager
Attachments: Release And Relinquishment Of Mutual Access Easement Document
Conceptual Site Plan for Quick Trip 0034
Plat of Hillside Crossings
Recommendation: Approve the RELEASE AND RELINQUISHMENT OF MUTUAL ACCESS EASEMENT.