Broken Arrow City Council
Meeting of: 06-20-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, possible approval of and authorization to execute Resolution No. 928, a Resolution authorizing the City Attorney to enter Final Journal Entry of Judgment without Admitting Liability in matter of Rland Development Group, LLC v. City of Broken Arrow, et al., Tulsa County District Court Case No. CV-2016-00612; authorizing foreclosure and vacations of a mutual road easement, stormwater drainage easement and waterline easement on property located in the Southwest Quarter of the Southwest Quarter (SW/4 SW/4) Lot 4 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 West Florence Street and East of South Mingo Road
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Background:
Rland Development, LLC platted a new neighborhood entitled Berwick South located at the Northeast corner of South Mingo Road and West Florence Street. The plat was recorded on March 3, 2016, with the Tulsa County Clerk under Document 6663.
Rland Development, LLC is proposing vacation of three (3) easements contained on the Plat, including a Mutual Road Easement, Waterline Easement and Stormwater Easement. On May 19, 2016, Rland Development Group, LLC filed its Petition to vacate these easements and to foreclose the City’s right to reopen for the above three (3) easements. The City of Broken Arrow has no objection to the vacation of the easements and has prepared Resolution No. 928 requesting to execute the Final Journal Entry of Judgment without Admitting Liability in the matter of Rland Development Group, LLC v. City of Broken Arrow, et al., Tulsa County District Court Case No. CV-2016-00612, authorizing the foreclosure and vacation of easements located within Berwick South.
Rland Development Group, LLC requires vacation of these easements as they were not removed prior to the filing of the Plat on March 3, 2016, and are not required for public purposes. The foreclosure of the right to open the First, Second and Third Easements closed by Ordinances No. 3420, 3421, and 3422 will not injuriously affect the right of the owners of the property in the vicinity of the easements and the easements are no longer required for public purposes. All of the Defendants in this matter are anticipated to disclaim interest in the First, Second and Third Easements that are the subject of the Final Journal Entry of Judgment.
The Legal Department and City Staff recommend that the City Council authorize the City Attorney to enter into a Final Journal Entry of Judgment foreclosing and vacating the above-described First, Second and Third Easements that were closed by the City Council pursuant to Ordinance No. 3420, 3421, and 3422 on May 3, 2016.
Cost: None
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Assistant City Manager - Administration
Development Services Department
Utilities Department
Engineering and Construction Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Resolution No. 928
Recommendation:
Approve Resolution No. 928 and authorize its execution.