LEGISLATIVE RESEARCH CENTER
File #: 16-489    Name:
Type: Ordinance Status: Passed
File created: 4/27/2016 In control: Broken Arrow City Council
On agenda: 5/3/2016 Final action: 5/3/2016
Title: Consideration, discussion and possible adoption of Ordinance No. 3420, an ordinance closing a mutual road easement on property located in the Southwest Quarter, of the Southwest Quarter (SW/4 SW/4) (Lot Four) of Section Thirty (30), Township Eighteen (18) North, Range Fourteen (14) East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma, generally located north of the West Florence Street and east of South Mingo Road; repealing all ordinances to the contrary; and declaring an emergency (Berwick South)
Attachments: 1. ORDINANCE 3420 03May16, 2. Application Easement and Legal, 3. Mutual Road Easement LEGAL, 4. Recorded Berwick South Plat

Broken Arrow City Council

                                                                                               Meeting of: 05-03-2016

                                                                                    

To:                     Mayor and City Council

From:                     Development Services Department

Title: 

title

                     Consideration, discussion and possible adoption of Ordinance No. 3420, an ordinance closing a mutual road easement on property located in the Southwest Quarter, of the Southwest Quarter (SW/4 SW/4) (Lot Four) of Section Thirty (30), Township Eighteen (18) North, Range Fourteen (14) East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma, generally located north of the West Florence Street and east of South Mingo Road; repealing all ordinances to the contrary; and declaring an emergency (Berwick South)

End

Background:

The applicant, R. Mark Petrich of Hall Estill, has requested on behalf of RLand Development Group, LLC, the closure of a previously recorded Mutual Road Easement.  The easement was originally provided to keep construction access out of the original Berwick subdivision and into Berwick on Cedar Ridge (Blocks 2, 3, 4, 5 and 6) (Plat no. 601).  The recorded plat of Berwick South now handles the access by street right-of-way.    Closure of the easement is recommended to eliminate duplication and possible lot development conflicts.

 

City staff has reviewed the request for closure of the Mutual Road Easement as requested and recommends approval. The applicant will also seek foreclosure of the easement at the District Court level.

 

The attached easement closure ordinance was previewed by the City Council on April 5, 2016. Staff recommends the Council adopt Ordinance 3420 and approve the Emergency Clause. 

 

Cost:                                                                Recording Fees

Prepared By:                                           Michael W. Skates, P.E., CFM, Development Services Director

Reviewed By:                                          Legal Department
                                    Assistant City Manager
                                   

Approved By:                      Michael L. Spurgeon, City Manager
                                   

Attachments:                                          Ordinance No. 3420
                                    Application
                                    Mutual Road Easement, Legal Description and Exhibit                                   

Recommendation:

recommend

Adopt Ordinance No. 3420 and approve the Emergency Clause.

end