Broken Arrow City Council
Meeting of: 10-20-2015
To: Mayor and City Council Members
From: Development Services Department
Title:
title
Approval of Ratification and Amendment of New Heart Fellowship Church Plat
End
Background:
The following information was provided by Carla Hall of Guaranty Abstract requesting ratification and amendment to the New Heart Fellowship Church Plat. New Heart Fellowship Church had two Lots Splits approved by the Broken Arrow Planning Commission on May 14, 2015: BAL 1072/BAZ 1934 and BAL 1074/BAZ 1935.
The lot split and zoning case along the north boundary (BAL 1074/BAZ 1935) is relevant to the recent sale of the split parcel. Therefore, the church requests the following amendment: in paragraphs 1.6 and 1.6.1 limitations are made as to the ownership of Reserve Area “B”. The north 80 feet of Reserve Area “B” is hereby released as to the ownership limitations made therein.
Regarding the lot split and zoning cases along the south boundary (BAL 1072/BAZ 1934) the church requests the following amendment: in paragraphs 1.6 and 1.6.1 limitations are made as to the ownership of Reserve Area “B”. The south 70 feet of Reserve Area “B” is hereby released as to the ownership limitations made therein.
The Deed of Dedication and Restrictive Covenants for New Heart Fellowship Church, an Addition to Broken Arrow, Wagoner County, State of Oklahoma, contained in the Plat and dated June 1, 2005, were recorded on June 24, 2005 in the office of the Wagoner County Clerk in Book 1500, Page 503, as Document No. 2005-9812.
The Plat records the Owner’s name as New Heart Fellowship Church which is incorrect; the Owner’s name is actually New Heart Fellowship, Inc., an Oklahoma non-profit corporation. Further, the name designation of the addition incorrectly states the property is located in Tulsa County when in fact it is in Wagoner County. Staff has reviewed the scrivener errors and recommended City Council approval of the ratification of Document No. 2005-9812 (the “Plat”) through a separate document on October 20, 2015 City Council Agenda.
Cost: $0
Prepared By: Michael W. Skates
Reviewed By: Development Services Department
Legal Department
Assistant City Manager
Approved By: Michael L. Spurgeon, City Manager
Attachments: Ratification and Amendment Document
Case Map BAL 1074
Aerial Map BAL 1074
Case Map BAL 1072
Aerial Map BAL 1072
New Heart Fellowship Plat Page 1 (with requested amendments)
Recommendation: Approve the Ratification and Amendment of New Heart Fellowship Church Plat.
FKD/mh