Broken Arrow City Council
Meeting of: 12-20-2016
To: Mayor and City Council Members
From: Development Services Department
Title:
title
Approval of request to approve an Amendment of Deed of Dedication and Restrictive Covenants associated with 61st Street Industrial Park, Recorded Plat, IL, one-quarter mile west of Aspen Avenue, south of Albany Street
End
Background:
Applicant has submitted a request to amend the covenants for 61st Street Industrial Park. The plat for 61st Street Industrial Park (plat number 5597) was recorded in Tulsa County on March 5, 2002, as Document Number 02029345. According to the applicant, additional building and use restrictions applicable to the lots were established by an instrument entitled “Declaration of Protective Covenants and Restrictions” for 61st Street Industrial Park, dated December 9, 2002, and recorded on March 19, 2003, as Document No. 03038322 in the records of the County Clerk of Tulsa County, Oklahoma. The Protective Covenants and Restrictions allowed the use of overhead electric, cable, and telephone lines within the utility easements depicted on the plat.
AG Equipment, as owner of Lots 1 and 2, Block 1, 61st Street Industrial Park and more than 60% of the record owners of lots in 61st Street Industrial Park, desires to amend Subsection B (1) of Section I of the First Declaration as follows:
“OVERHEAD LINES FOR THE SUPPLY OF ELECTRIC, TELEPHONE AND CABLE TELEVISION SERVICES MAY BE LOCATED WITHIN THE UTILITY EASEMENT DEPICTED ON THE ACCOMPANYING PLAT, EXCEPT FOR THE WEST SIDE OF LOTS ONE (1) AND TWO (2), BLOCK ONE (1), WHERE THE SUPPLY OF ELECTRIC, TELEPHONE AND CABLE TELEVISION SERVICES SHALL BE PROVIDED BY UNDERGROUND LINES.”
According to the applicant, to amend the covenants requires the approval of the Broken Arrow Planning Commission and City Council.
The Planning Commission, in their meeting of November 17, 2016, reviewed and recommended approval (5-0), as presented. There were no protestants.
Cost: None
Prepared By: Michael W. Skates
Reviewed By: Assistant City Manager-Operations
Legal Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Fact Sheet, Planning Commission
Proposed Amendment of Deed of Dedication and Restrictive Covenants
61st Street Industrial Park plat
61st Street Industrial Park covenants
Protective Covenants and Restrictions recorded March 19, 2003
Recommendation:
Approve the Amendment of Deed of Dedication and Restrictive Covenants for 61st Street Industrial Park.