Broken Arrow City Council
Meeting of: 09-15-2026
Title:
title
Approval of Resolution No. 1771 ratifying and approving the City Attorney's execution and approval as to form of a Journal Entry of Judgment in 21st Place Investment Group LLC v. City of Broken Arrow, et al., Tulsa County District Court Case No. CV-2026-1329, vacating and foreclosing the right to reopen a 0.2420-acre portion of an easement previously closed by Ordinance No. 3912
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Background:
On May 19, 2026, pursuant to 11 O.S. § 42-110, the City Council adopted Ordinance No. 3912 closing a 0.2420-acre portion of an easement located north of Albany Street (61st Street) and east of Aspen Avenue (145th East Avenue), Tulsa County, Oklahoma. The easement portion is part of the Easement for Sanitary Sewer recorded with the Tulsa County Clerk on February 14, 1989, in Book 5166 at Page 2266. Ordinance No. 3912 was recorded on May 20, 2026, as Document No. 2026045776. The affected easement portion is more particularly described in Exhibit A to Ordinance No. 3912 and in the Journal Entry of Judgment.
Ordinance No. 3912 closed the described easement portion to present use while reserving the City's statutory right to reopen it if needed in the future. Under 11 O.S. §§ 42-111 through 42-113, the property owner may file an action to foreclose that remaining right.
On July 17, 2026, the current owner of the subject property, 21st Place Investment Group LLC, filed this action to vacate the easement portion and foreclose the City's right to reopen it. Following staff review, the City has no present or anticipated future municipal need to reopen or use the described easement portion. The Journal Entry of Judgment is limited to the described easement portion and the rights adjudicated in the action.
A hearing on Plaintiff's request was set for August 31, 2026, before the next available meeting of the City Council. Due to that timing, the City Attorney executed and approved as to form the Journal Entry of Judgment, consistent with Ordinance No. 3912 and the City's position in the litigation. The District Court entered the Journal Entry of Judgment on August 31, 2026.
This matter is now presented to the City Council to ratify and approve the City Attorney's execution and approval as to form of the Journal Entry of Judgment and to authorize any further action necessary to effectuate the judgment and foreclosure of the right to reopen the described easement portion.
Cost: $0
Funding Source: N/A
Requested By: Legal
Approved By: Legal
Attachments: Resolution No. 1771
Recommendation:
recommend
Approve Resolution No. 1771 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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