LEGISLATIVE RESEARCH CENTER
File #: 16-112    Name:
Type: General Business Status: Passed
File created: 1/27/2016 In control: Broken Arrow City Council
On agenda: 2/2/2016 Final action: 2/2/2016
Title: Consideration, discussion and possible approval of Resolution No. 904, a Resolution authorizing the Legal Department to file an Answer agreeing to vacate the Steele-Morrell Center Plat and part of the Arrow Village Plat, generally located on 71st Street (Kenosha Street) and 14th Street, and waiving any objections to the Petition to Vacate as consistent with the requirements for the approval of PUD 243 and BAZ 1946, in the matter of Collision Works Properties, LLC v. City of Broken Arrow, Tulsa County District Court Case No. CV-2016-0056
Attachments: 1. EXECUTED Vacation of Plat.Steele Morrel, 2. AERIAL OF COLLISION WORKS PUD 243, 3. COLLISION WORKS CONDITIONAL FINAL PLAT, 4. STEELE-MORREL PLAT, 5. ARROW VILLAGE PLAT, 6. COPY OF PETITION TO VACATE.COLLISION WORKS, 7. RESOLUTION NO 904, 8. STEELE-MORREL REPLAT APPLICATION

 Broken Arrow City Council

                                                                                               Meeting of: 02-02-2016

                                                                                    

To:                     Mayor and City Council

From:                     Office of the City Attorney

Title: 

title

                     Consideration, discussion and possible approval of Resolution No. 904, a Resolution authorizing the Legal Department to file an Answer agreeing to vacate the Steele-Morrell Center Plat and part of the Arrow Village Plat, generally located on 71st Street (Kenosha Street) and 14th Street, and waiving any objections to the Petition to Vacate as consistent with the requirements for the approval of PUD 243 and BAZ 1946, in the matter of Collision Works Properties, LLC v. City of Broken Arrow, Tulsa County District Court Case No. CV-2016-0056

End

Background:

On January 20, 2016, Collision Works Properties, LLC, filed a Petition to Vacate a plat pursuant to 11 O.S. § 42-102.  Collision Works Properties, LLC is a limited liability company with an address at 3224 Southeast 29th Street, Del City, Oklahoma  74115.  Collision Works Properties, LLC owns all of the land platted for municipal purposes as Steele-Morrell Center, a re-sub of part of Lot 1, Block 2, Arrow Village Addition, an addition to the City of Broken Arrow, Tulsa County, Oklahoma and part of the northeast quarter (NE.4) of the northwest quarter (NW/4) of Section 12, T18N, R14E and dedicated by a certificate of dedication dated August 30th, 1976, and recorded in the Office of the County Clerk as Plat No. 3654. 

 

Collision Works Properties, LLC’s property also includes a part of the land platted for municipal purposes as Lot 1, Block 2, of Blocks 1, 2, and 3, Arrow Village Addition, an Addition to the City of Broken Arrow, Tulsa County, State of Oklahoma, according to the recorded plat thereof and dedicated by deed of dedication dated March 9, 1961, and recorded in the office of the Tulsa County Clerk on March 10, 1961, as Plat No. 2352.

 

The above-described property is being replatted and dedicated to the City of Broken Arrow pursuant to PUD 243 approved by the City Council on December 1, 2015, for 2.64 acres and BAZ 1946 (CH to IL) on 1.81 acres.  This rezoning request was approved by the City Council subject to the existing plats on the property being vacated and a new plat being recorded.  Collision Works Properties, LLC’s Petition to Vacate a platted tract, Case No. CV-2016-00056 seeks to vacate the two (2) above-described plats required by the approval of PUD 243 and BAZ 1946.

 

Staff recommends Council authorize the Legal Department to file an Answer agreeing to vacate the above-described Steele-Morrell Center Plat and part of the Arrow Village Addition Plat described as consistent with the requirements for the approval of PUD 243 and BAZ 1946.


Cost:                                                                $0

Prepared By:                                           Beth Anne Wilkening, City Attorney

Reviewed By:                                          Acting Assistant City Manager
                                    Development Services Department
                                   

Approved By:                      Michael L. Spurgeon, City Manager                                    Click here to enter text.

Attachments:                                          
1.  Planning Commission Fact Sheet with attachments for public hearing, consideration and possible action regarding PUD 243 and BAZ 1976, Collision Works 2.64 acres, CH to IL, southeast corner of Kenosha Street and one-third mile east of 9th
2.  Petition to Vacate a Platted Tract
3.  Answer to Collision Works Properties, LLC’s Petition to Vacate a Platted Tract
4.  Resolution No. 904

 

Recommendation:

Approve Resolution No. 904 and authorize its execution.