Broken Arrow City Council
Meeting of: 09-05-2017
To: Mayor and City Council
From: Office of the City Attorney
Title:
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Consideration, discussion, and possible approval of Resolution No. 1046, a Resolution to place in Reserve Status, the section line of Section 2, Township 18 North, Range 14 East, generally located North of Albany Street, one-eighth mile East of Elm Place, City of Broken Arrow, Tulsa County, Oklahoma more particularly described as a tract of land lying in the Northwest Quarter (NW1/4) of Section Two (2), Township Eighteen (18) North, Range Fourteen (14) East of the Indian Meridian, City of Broken Arrow, Tulsa County, Oklahoma and further described as follows: commencing at the Northwest Corner of said NW1/4; thence N88°42’33”E along the North line of said NW1/4 for a distance of 1112.21 feet to the point of beginning; thence continuing N88°42’33”E along said North line for a distance of 575.19 feet; thence S46°14’38”E for a distance of 34.97 feet to the North statutory right-of-way line of said NW1/4; thence S88°42’33”W along said North right-of-way line and parallel to said North line of NW1/4 for a distance of 599.94 feet; thence N01°11’31”W for a distance of 24.75 feet to the point of beginning; the above description containing 0.33 acres more or less. Bearings are based on a grid bearing along the North line of the NW1/4 of Section 2, Township 18 North, Range 14 East (N88°42’33”E) based on the Oklahoma State Plane Coordinate System, North Zone, U.S. Survey Feet; and directing staff to file a Petition for Reserve Status with the Tulsa County Commissioners
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Background:
The City of Broken Arrow, in association with the property owners are requesting “Reserve Status” for the statutory right of way along the South section line of Section 2, Township 18 North, Range 14 East. This statutory right of way was designated by the Creek Nation as a section line for the benefit of the public. However, the alignment of the roadway does not presently follow the section line in this area. The section line road (West Albany Street) curves southward after the intersection of Elm place (west of section line) and then curves back north toward 9th Street (east of section line).
The City of Broken Arrow and property owners, First Baptist Church of Broken Arrow, and White Earth, L.L.C. are requesting the Reserve Status so the right of way may be used as part of existing and future development.
69 O.S. § 1201 allows a section line that is not opened and maintained for public use to be designated a reserve section line. The owners of land abutting this section line are the City of Broken Arrow, First Baptist Church of Broken Arrow, White Earth, L.L.C. Roland Investments, Ltd., and BA Holding, LLC. The City along with other abutting land owners must petition the Tulsa County Board of Commissioners to place this Section Line in reserve status.
Cost: Recording fees
Prepared By: Beth Anne Childs, City Attorney
Reviewed By: Development Services Department
Legal Department
Assistant City Manager-Operations
Approved By: Michael L. Spurgeon, City Manager
Attachments: Resolution No. 1046
Recommendation:
Approve Resolution No. 1046 and authorize its execution.