Broken Arrow City Council
Meeting of: 07-07-2015
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, possible approval and authorization to execute Resolution No. 884, a Resolution authorizing the City Attorney to enter into the Final Entry of Judgment without admitting liability in the matter of AG Equipment Company v. City of Broken Arrow, Oklahoma, et al., Tulsa County District Court Case Number CJ-2015-507, authorizing foreclosure and vacation of a utility easement on property located on part of Williams Brothers Constructors Park Amended, an addition to the City of Broken Arrow, Tulsa County, Oklahoma, a resubdivision of Lot 1, Block 1, Williams Brothers Constructors Park and a subdivision of part of Lot 2 and Part of the South Half of the Northeast Quarter of Section Four, Township 18 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, generally located one-half mile south of West Albany Street, East of North Olive Avenue, Tulsa County, Broken Arrow, Oklahoma.
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Background:
AG Equipment is one of the City's largest manufactures of oil and gas equipment in Broken Arrow. They recently purchased many of the lots in Block 1 and Block 3 of the 61st Street Industrial Park. They also purchased a large tract of land south of 61st Industrial Park from Cedar Creek Lumber. They currently have 3 large facilities in design and site work under construction.
AG Equipment is proposing vacation of a utility easement located on part of William Brothers Constructors Park Amended, an addition to the City of Broken Arrow, Oklahoma. On May 19 2015, AG Equipment filed its Petition to Foreclosure the easement pertaining to this property. The City of Broken Arrow has no objection to the vacation of utility easement and has prepared Resolution No. 884 requesting permission to execute the Final Entry of Judgment without Admitting Liability in the matter of AG Equipment Company v. City of Broken Arrow, Oklahoma, et al., Tulsa County District Court Case Number CJ-2015-507, authorizing the foreclosure and vacation of the easement located one-half mile south of West Albany Street, East of North Olive Avenue, Tulsa County, Broken Arrow, Oklahoma.
No public convenience or necessity exists for the reopening of the utility easement closed by the City of Broken Arrow pursuant to City of Broken Arrow Ordinance No. 3339. The foreclosure of the right to reopen the utility easement closed by Ordinance No. 3339 will not injuriously affect the right of the owners of the property in the vicinity of the utility easement and the utility easement is no longer required for public purposes.
All of the Defendants in this matter are anticipated to disclaim interest in the utility easement that is 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 utility easement that was closed by the City Council pursuant to Ordinance No. 3339 on April 21, 2015.
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Cost: None
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Development Services Director
Assistant City Manager
Approved By: Russell M. Gale, Acting City Manager
Attachments: Resolution No. 884
Recommendation:
Approve Resolution No. 884 and authorize its execution.