Broken Arrow City Council
Meeting of: 11-01-16
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, and possible approval of Resolution No. 948, a Resolution authorizing the City Attorney to enter into the Final Journal Entry of Judgment in the Matter of Richard Arnold Dodson and Robin Elizabeth Dodson, Trustees of the Dodson Revocable Living Trust, dated December 2, 2013 v City of Broken Arrow, et al, filed in Tulsa County, State of Oklahoma, Case No. CV-2016-01362 authorizing foreclosure and vacation of an easement located east and southeast of Block 8, Lot 1 across Indian Springs Golf Course
End
Background:
On October 13, 2016, Richard Arnold Dodson and Robin Elizabeth Dodson, Trustees of the Dodson Revocable Living Trust, dated December 2, 2013, filed a Petition to Vacate and Foreclose the Right to Reopen a Public Easement on the following described property:
A part of the Northeast one-quarter of Section 11, Township 17 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma, being more particularly described as follows, to wit:
Commencing at a point, said point being the South corner of Lot 1, Block 7 of Indian Springs Manor Addition to the City of Broken Arrow, as per the recorded plat of said Addition, thence S 00°-00’-31” E a distance of 328.09 feet to a point, thence Due West a distance of 55.06 feet to the POINT OF BEGINNING, thence N 33°-57’-57” W a distance of 176.85 feet to a point, thence along a curve to the left having a radius of 184.59 feet and a delta angle of 35°-01’-31”, a distance of 112.84 feet to a point, thence S 08°-06’-08” E a distance of 61.02 feet to a point, thence S 68°-59’-28” E a distance of 0.00 feet, thence along a curve to the right having a radius of 134.59 feet and a delta angle of 22°-16’-56”, a distance of 52.34 feet to a point, thence S 33°-57’-57” E a distance of 200.94 feet to a point, thence N 30°-18’-42” E a distance of 55.50 feet to the POINT OF BEGINNING.
The Petitioner, Richard Dodson, managing trustee for the Dodson Revocable Living Trust, dated December 2, 2013 requested the closure of the mutual access easement and utility easement because no utilities have been installed in the dual easement across Indian Springs Golf Course and the easements are no longer required for public purposes. Closure of the easements is recommended to allow construction to proceed of a single family attached dwelling upon the lot created in 2008 from 4 separate lot splits undertaken by the owner of the Indian Springs Golf Country Club. Broken Arrow Lot Split (BAL) 959 created the lot which Mr. Dodson purchased. At the time of the lot split, a warranty deed was provided along with dedication of a 50-foot wide access easement/right-of-way at the end of East Ocala Street. These were previously provided and filed in Tulsa County.
On September 20, 2016, the Council of the City of Broken Arrow, Oklahoma, passed Ordinance No. 3453 closing this mutual access and utility easement. City staff has reviewed all documents and records pertaining to this request and has no objection to the Petition to Vacate and Foreclose the Right to Reopen a Public Easement.
The attached Resolution authorizes the City Attorney to agree to a Journal Entry of Judgment vacating and foreclosing the right to reopen the above described mutual access and utility easement. Once the Journal Entry has been filed with the Court, there will be no further action required in this matter.
Cost: None
Prepared By: Trevor A. Dennis, Deputy City Attorney
Reviewed By: Development Services Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: Ordinance No. 3453
Resolution No. 948
Recommendation:
Approve Resolution No. 948 and authorize execution of Journal Entry of Judgment.