LEGISLATIVE RESEARCH CENTER
File #: 16-415    Name:
Type: Ordinance Status: Tabled
File created: 4/12/2016 In control: Broken Arrow City Council
On agenda: 4/19/2016 Final action:
Title: Consideration, discussion and possible adoption of Ordinance No. 3420 closing a mutual road easement on property located in the Southwest Quarter (SW/4 SW/4) (Lot Four) of Section Thirty (30), Township Eighteen (18) North, Range Fourteen (14) East, a subdivision in the City of Broken Arrow, Tulsa County, State of Oklahoma, generally located north of the West Florence Street and east of South Mingo Road; repealing all ordinances to the contrary; and declaring an emergency
Attachments: 1. ORDINANCE 3420 19Apr16, 2. Application Easement and Legal, 3. Recorded Berwick South Plat
Related files: 16-369

Broken Arrow City Council

Meeting of: 04-19-2016

 

To:                     Mayor and City Council

From:                     Development Services Department

Title: 

title

                     Consideration, discussion and possible adoption of Ordinance No. 3420 closing a mutual road easement on property located in the Southwest Quarter (SW/4 SW/4) (Lot Four) of Section Thirty (30), Township Eighteen (18) North, Range Fourteen (14) East, a subdivision in the City of Broken Arrow, Tulsa County, State of Oklahoma, generally located north of the West Florence Street and east of South Mingo Road; repealing all ordinances to the contrary; and declaring an emergency

End

Background:

The applicant, R. Mark Petrich of Hall Estill, has requested on behalf of RLand Development Group, LLC, the closure of a previously recorded Mutual Road Easement.  The easement was originally provided to keep construction access out of the original Berwick subdivision and into Berwick on Cedar Ridge (Blocks 2, 3, 4, 5 and 6) (Plat no. 601).  The recorded plat of Berwick South now handles the access by street right-of-way.    Closure of the easement is recommended to eliminate duplication and possible lot development conflicts.

Staff has reviewed the request for closure of the mutual road easement as requested and recommends approval. The applicant will proceed with a foreclosure action in District Court if the Ordinance is adopted.

The Ordinance was previewed by the City Council on April 5, 2016.  Staff recommends the Council adopt Ordinance No. 3420 and approve the Emergency Clause. 

Cost:                                                                $500.00

Prepared By:                                           Michael W. Skates, P.E., CFM, Development Services Director

Reviewed By:                                          Assistant City Manager - Operations
                                    Legal Department

Approved By:                      Michael L. Spurgeon, City Manager

Attachments:                                          Ordinance No. 3420
                                    Application
                                    Recorded Mutual Road Easement, Legal Description and Exhibit

Recommendation:

recommend

Adopt Ordinance No. 3420 and approve the Emergency Clause.

end