Broken Arrow City Council
Meeting of: 09-15-2026
Title:
title
Approval of Resolution No. 1772 ratifying and approving the City Attorney's execution and approval as to form of a Journal Entry of Judgment in CRP/BLDP Aspen Ridge Owner, L.L.C. v. City of Broken Arrow, et al., Tulsa County District Court Case No. CV-2026-01579, vacating and foreclosing the right to reopen easement areas previously closed by Ordinance Nos. 3937, 3939, 3941, and 3942
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Background:
On July 14, 2026, the City Council adopted Ordinance Nos. 3937, 3939, 3941, and 3942 closing certain utility, sanitary sewer, and water line easement areas within Lot 7, Block 1, Aspen Ridge Business Park, located south of West Florence Street and east of South Aspen Avenue, Tulsa County, Oklahoma. The affected easement areas are more particularly described in the ordinances and the petition filed in this matter.
The ordinances closed the described easement areas while reserving the City's right to reopen them. Under 11 O.S. §§ 42-111 through 42-113, the property owner may seek a district court judgment foreclosing that remaining right.
On July 29, 2026, CRP/BLDP Aspen Ridge Owner, L.L.C. filed a Petition and Application to Vacate and Foreclose the Right to Reopen Easements. The City does not anticipate an objection to the requested relief, subject to review of the proposed journal entry and confirmation that it is limited to the easement areas at issue.
The hearing is scheduled for September 14, 2026, one day before the City Council's September 15, 2026 meeting. Plaintiff's counsel intends to circulate a proposed Journal Entry of Judgment for review and approval in connection with that hearing.
Because the hearing precedes the Council meeting, this item requests ratification and approval of the City Attorney's execution and approval as to form of the Journal Entry of Judgment, together with authorization for further action necessary to effectuate the judgment. The requested action is limited to the easement areas described in the petition and the rights adjudicated in the final journal entry presented to the Council.
Cost: $0
Funding Source: N/A
Requested By: Legal
Approved By: Legal
Attachments: Resolution No. 1772
Recommendation:
recommend
Approve Resolution No. 1772 ratifying and approving the City Attorney's execution and approval as to form of the Journal Entry of Judgment and authorizing any further action necessary to effectuate the judgment and foreclosure of the right to reopen the described easement portion.
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