Broken Arrow City Council
Meeting of: 04-2-2024
Title:
title
Consideration, discussion and possible approval of Resolution No. 1568 authorizing the City Attorney to enter into a Final Journal Entry of Judgment in BC Land Holding Company, LLC vs. The City Of Broken Arrow et. al., Tulsa County District Court, Case Number: CV-2024-194, authorizing foreclosure of a temporary drainage easement and a temporary turn-around easement situated on property located one-quarter mile south of Dearborn Street (East 41st Street) and one-quarter mile east of Aspen Avenue (145 East Avenue), Tulsa County, State of Oklahoma (Section 27, T19N, R14E)
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Background:
On September 5, 2023, pursuant to the provision of 11 O.S. § 42-110, the City of Broken Arrow adopted Ordinance No. 3804, closing a temporary drainage easement and a temporary turn-around easement located on property one-quarter mile south of Dearborn Street (East 41st Street) and one-quarter mile east of Aspen Avenue (145 East Avenue), Tulsa County, State of Oklahoma (Section 27, T19N, R14E). The temporary turn-around easement is more specifically described as follows:
A tract of land that is party of the Northwest (NW/4) of Section 27, Township 19 North, Range 14 East of the I.B.&M., Tulsa County, Oklahoma, more particularly described as follows:
Commencing from the Southwest corner of said NW/4; Thence S 89°58’16” E for 1140.68 feet, Thence N 00°01’44” E for 1124.30 feet; Thence N 21°23’38 W for 180.88 feet; Thence N 28°12’07” W for 73.17 feet; Thence N 25°52’57” W for 125.72 feet to the P.O.B; Thence S 67°18’13” W for30.10 feet, Thence N 18°04’30” W for 115.92 feet; Thence N 73°20’14” E for 30.01 feet; Thence S 18°04’30” E for 112.75 feet to the P.O.B.
On September 19, 2023, pursuant to the provision of 11 O.S. § 42-110, the City of Broken Arrow adopted Ordinance No. 3807, closing a temporary drainage easement located on the same above-described property. The temporary drainage easement is more particularly described as follows:
A circular tract of land with a 50.00 foot radius that is part of the West half (W/2) of Section 27, Township 19 North, Range 14 East of the I.B.&M. Tulsa County, Oklahoma more particularly described as follows:
Commencing from the Southwest Corner of the NW/4 of said section 27; Thence S 89°58’16” E along the South line of said NW/4 for 847.86 feet; Thence N 00°01’44” E for 1409.51 feet; Thence N 29°32’55” W for 50.00 feet to the center of the circular easement.
On January 31, 2024, the current owner of the subject property filed suit pursuant to 11 O.S. §42-111 to foreclose the right to reopen the subject temporary drainage easement and the subject temporary turn-around easement. There is no necessity for reopening either easement, and they are no longer required for public purposes. Furthermore, no public convenience or necessity exists for the reopening of either easement, and the foreclosure of the right to reopen both easements will not injuriously affect the rights of the owners of the property in the vicinity of the easements.
Accordingly, as a result of the foregoing, Legal recommends approval to enter into a Final Journal Entry of Judgment foreclosing the right to reopen the above-described easements that were closed by Ordinance Nos. 3804 and 3807 enacted by the City Council on September 5, 2023 and September 19, 2023, respectively.
Cost: $0.00
Funding Source: N/A
Requested By: Legal Department
Approved By: Legal Department
Attachments: Resolution 1568
Recommendation:
recommend
Approve Resolution 1568.
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