Broken Arrow City Council
Meeting of: 11-07-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, and possible approval of Resolution Number 956, a Resolution authorizing the City Attorney to file a Petition to Vacate a Utility Easement pursuant to 11 O.S. § 42-111 on property located on a tract of land lying in Government Lot 3 of Section 2, Township 18 North, Range 14 East, of the Indian Meridian, Tulsa County, Oklahoma, generally located one-quarter mile east of Elm Place and north of Albany Street; repealing all ordinances to the contrary; and declaring an emergency
End
Background:
On November 1, 2016, the City Council for the City of Broken Arrow passed Ordinance No. 3456 closing the following utility easement:
A tract of land lying in Government Lot 3 of Section 2, Township 18 North, Range 14 East, of the Indian Meridian, Tulsa County, Oklahoma and further described as:
Commencing at the northeast corner of said Government Lot 3; thence N89°59’21”W along the north line of said Government Lot 3 for a distance of 1272.39 to the point of beginning; thence S00°06’14”W for a distance of 785.64 feet; thence S55°46’19”E for a distance of 189.17 feet; thence S89°54’38”E for a distance of 235.32 feet; thence N62°23’08”E for a distance of 118.22 feet; thence S16°01’22”E for a distance of 15.31 feet; thence S62°23’08”W for a distance of 118.84 feet; thence N89°54’38”W for a distance of 243.62 feet; thence N55°46’19”W for a distance of 201.73 feet; thence N00°06’14”E for a distance of 793.57 feet to the north line of said Government Lot 3; thence S89°59’21”E along said north line for a distance of 15.00 feet to the point of beginning. The above description containing 0.46 acres more or less.
Bearings are based on a record bearing along the north line of Government Lot 3 of Section 2, Township 18 North, Range 14 East (N89°59’21” W) based on a utility easement recorded as Document Number 04122390 and filed with the Tulsa County Clerk’s Office on October 8, 2004.
The above described utility easement is not presently in use and is not necessary for public improvements. The utility easement was originally placed across the City of Broken Arrow’s property several years ago for a potential water line loop that was never installed. City Staff requests that the City vacate the utility easement closed pursuant to Ordinance No. 3456 on November 1, 2016. The above described utility easement is not used and not required for county or municipal purpose or for the use of the holder of a franchise or anyone having a special right or privilege granted by ordinance or legislative enactment and accordingly the vacation of the closed easement will not affect the rights of the public.
The attached Resolution authorizes the City Attorney to file Petition to Vacate the above described easement in the District Court in and for Tulsa County, State of Oklahoma.
Cost: Filing fees
Prepared By: Trevor A. Dennis, Deputy City Attorney
Reviewed By: Development Services Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Ordinance No. 3456
Resolution No. 956
Recommendation:
Approve Resolution No. 956 authorizing the City Attorney to file a Petition to Vacate Easement as described above.