Broken Arrow City Council
Meeting of: 01-06-2026
Title:
title
Consideration, discussion, and possible approval of Resolution No. 1732 authorizing the City Attorney to enter into a Final Journal Entry of Judgment in Anthem Church, Inc. vs. City of Broken Arrow et. al., Tulsa County District Court Case Number: CV-2025-02526, authorizing foreclosure of a utility easement situated on property one-third mile north of Houston Street (81st Street), one-quarter mile east of Garnett Road, Tulsa County, State of Oklahoma, (Section 08, T18N, R14E)
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Background:
On May 20, 2025, pursuant to the provision of 11 O.S. § 42-110, the City of Broken Arrow adopted Ordinance No. 3873 closing a utility easement located on property located one-third mile north of Houston Street (81st Street), one-quarter mile east of Garnett Road, Tulsa County, State of Oklahoma, (Section 08, T18N, R14E). The easement is more particularly described as follows:
A tract of land lying in the Northwest Quarter of the Southwest Quarter (NW/4, SW/4) Section Eight (8) Township Eighteen (18) North, Range Fourteen (14) East of the Indian Base and Meridian (1.B.& M.), City of Tulsa, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, and being more particularly described as follows, to-wit:
Commencing (P.O.C.) at the Northwest Corner of the Southwest Quarter; thence N88°44'36"E for a distance of 1004.66 feet; thence S01°10'46"E for a distance of 481.51 feet to the point of beginning (P.O.B.); thence N89°37'11"E for a distance of 160.79 feet; thence S44°37'11"W for a distance of 21.21 feet; thence S89°37'11"W for a distance of 130.79 feet; thence N45°22'49"W for a distance of 21.21 feet to the point of beginning (P.O.B.)
Area contains 2,186 square feet.
On November 10, 2025, the current owner of the subject property filed suit to foreclose the right to reopen a utility easement. There is no necessity for reopening the utility easement and the easement is no longer required for public purposes. Furthermore, no public convenience or necessity exists for the reopening of the utility easement and the foreclosure of the right to reopen the utility easement will not injuriously affect the rights of the owners of the property in the vicinity of the easement.
Accordingly, as a result of the foregoing, Legal recommends approval to enter into a Final Journal Entry of Judgment foreclosing the above-described utility easement that was closed by Ordinance No. 3873 enacted by the City Council on May 20, 2025.
Cost: $0
Funding Source: N/A
Requested By: Legal
Approved By: Legal
Attachments: Resolution No. 1732
Recommendation:
recommend
Approve Resolution No. 1732
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