Broken Arrow City Council
Meeting of: 08-04-2025
Title:
title
Consideration, discussion, and possible approval of Resolution No. 1687, a Resolution authorizing the City Attorney to enter into a Final Journal Entry of Judgment in Tulsa L Dev, LLC vs. City of Broken Arrow et. al., Tulsa County District Court, Case Number: CV-2025-1085, authorizing foreclosure of a waterline easement located at one-quarter mile south of Tucson Street (121st Street) and one-half mile west of Elm Place (161st Street), City of Broken Arrow, Tulsa County, State of Oklahoma
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Background:
On April 1, 2025, pursuant to the provision of 11 O.S. § 42-110, the City of Broken Arrow adopted Ordinance No. 3852 closing a waterline easement located on property located in the City of Broken Arrow, Tulsa County, State of Oklahoma, described as follows:
A Ten (10) Foot Wide Easement that is a part of the South Half of the Northeast Quarter (S/2 NE/4) of Section Three (3), Township Seventeen (17) North, Range Fourteen (14) East of the Indian Meridian, Tulsa County, State of Oklahoma, According to the U.S. Government Survey Thereof, Said Easement Being More Particularly Described as Follows:
Commencing at the Southwest Corner of Said NE/4; Thence North 1°32'22" West and Along the West Line of Said S/2 NE/4, for a Distance of 120.00 Feet to the Point of Beginning;
Thence Continuing North 1°32'22" West and Along Said West Line, for a Distance of 10.00 Feet; Thence North 88°45'34" East for a Distance of 886.73 Feet to a Point on the West Line of "Indian Springs Park II", an Addition to the City of Broken Arrow, Tulsa County, State of Oklahoma, According to the Recorded Plat Thereof (Plat No. 3860); Thence South 13°38'00” West and Along the West Line of Said Addition, for a Distance of 10.35 Feet; Thence South 88°45'34” West for a Distance of 884.02 Feet to the Point of Beginning;
Said Tract Containing 8,854 Square Feet or 0.203 Acres
On May 8, 2025, the current owner of the subject property filed suit to foreclose the right to reopen the above-mentioned waterline easement. There is no necessity for reopening the waterline easement and the easement is no longer required for public purposes. Furthermore, no public convenience or necessity exists for the reopening of the waterline easement and the foreclosure of the right to reopen the waterline easement will not injuriously affect the rights of the owners of the property in the vicinity of the easement.
Accordingly, as a result of the foregoing, Legal recommends approval to enter into a Final Journal Entry of Judgment foreclosing the above-described utility easement that was closed by Ordinance No. 3852 enacted by the City Council on April 1, 2025.
Cost: $0
Funding Source: Not applicable
Requested By: Legal Department
Approved By: Legal Department
Attachments: Resolution No. 1687
Recommendation:
recommend
Approve Resolution No. 1687
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