Broken Arrow City Council
Meeting of: 11-17-2025
Title:
title
Consideration, discussion, and possible approval of Resolution No. 1723 authorizing the City Attorney to enter into a Final Journal Entry of Judgment in SOOD Realty, LLC vs. The City of Broken Arrow et. al., Wagoner County District Court, Case Number: CV-2025-177, authorizing foreclosure of a utility easement situated on property one-half mile north of Dearborn Street (41st Street), one-half mile west of 37th Street (209th East Avenue) at 20105 East 36th Place, Wagoner County, State of Oklahoma, (Section 19, T19N, R15E)
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Background:
On July 31, 2023, pursuant to the provision of 11 O.S. § 42-110, the City of Broken Arrow adopted Ordinance No. 3797 closing a utility easement located on property located one-half mile north of Dearborn Street (41st Street), one-half mile west of 37th Street (209th East Avenue) at 20105 East 36th Place, Wagoner County, State of Oklahoma, (Section 19, T19N, R15E). The easement is more particularly described as follows:
A tract of land described as the Seventeen and one-half (17.5) foot wide Utility Easement located in Lot Six (6) of Block Two (2) of Amended Glen Eagles Addition, Wagner County, State of Oklahoma, according to the recorded plat thereof, being more particularly described as follows:
Commencing at the Southeast corner of Lot 6, Block 2, Amended Glen Eagles Addition; thence N00°03'26"E along the East line of said Lot 6 a distance of 74.00 feet to the Point of Beginning; thence N89°51'55"W a distance of 112.57 feet to the West line of said Lot 6; thence N38°38'47"W along the West line of said Lot 6 a distance of 22.45 feet; thence S89°51'55"E a distance of 126.62 feet to the East line of said Lot 6; thence S00°03'26"W a distance of 17.50 feet to the Point of Beginning.
On September 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. 3797 enacted by the City Council on July 31, 2023.
Cost: $0
Funding Source: N/A
Requested By: Legal
Approved By: Legal
Attachments: Resolution No. 1723
Recommendation:
recommend
Approve Resolution No. 1723
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