LEGISLATIVE RESEARCH CENTER
File #: 15-130    Name:
Type: Preview Ordinance Status: Adoption
File created: 6/26/2015 In control: Broken Arrow City Council
On agenda: 8/4/2015 Final action:
Title: Consideration, discussion and possible preview of an ordinance closing a utility easement on property located on the westerly portion of Lot 1, Block 4, Berwick on Cedar Ridge, Blocks 2, 3, 4, 5, and 6, a subdivision in the City of Broken Arrow, Tulsa County, Oklahoma, generally located east of Mingo Road and one-quarter mile north of Florence Street; repealing all ordinances to the contrary; and declaring an emergency
Attachments: 1. 2.PREVIEW ORDINANCE, 2. 3.UTILITY EASEMENT, 3. 4.EXHIBIT C, 4. 5.EXHIBIT D, 5. 6.EXHIBIT E, 6. 7.PLAT. BERWICK, 7. 8.AEP.UTILITY SIGN OFF, 8. 9.BTC.UTILITY SIGN OFF, 9. 10.WINDSTREAM UTILITY SIGN OFF, 10. 11.ONG.UTILITY SIGN OFF, 11. 12.COX.UTILITY SIGN OFF

Broken Arrow City Council

Meeting of: 08-04-2015

 

To:                     Mayor and City Council Members

From:                     Development Services Department

Title: 

title

Consideration, discussion and possible preview of an ordinance closing a utility easement on property located on the westerly portion of Lot 1, Block 4, Berwick on Cedar Ridge, Blocks 2, 3, 4, 5, and 6, a subdivision in the City of Broken Arrow, Tulsa County, Oklahoma, generally located east of Mingo Road and one-quarter mile north of Florence Street; repealing all ordinances to the contrary; and declaring an emergency

End

Background:                                          

The applicant, Jeff Pugh, on behalf of Scott Webb the landowner submitted an application requesting the vacation of a Utility Easement within the north/west boundary of the platted 20’ utility easement located in Lot 1, Block 4 of Berwick on Cedar Ridge Blocks 2, 3, 4, 5, & 6.

 

The owners recently began building a pool.  When the final survey was submitted an error was discovered, the pool was built into a small part of the utility easement.  The owner seeks to have the encroached portion vacated.

 

Staff anticipates closure proceedings in district court and has no concerns regarding the closure request.  Utility companies are also in agreement with the closure.

                     

Cost:                                                                None

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

Reviewed By:                                          Engineering and Construction
                                    Utility Department
                                    Legal Department
                                    Assistant City Manager

Approved By:                      Russell M. Gale, Acting City Manager

Attachments:                     Preview Ordinance

                     Utility Easement (UE) Closure Exhibit

                     Exhibit C-Parent Tract legal description

                     Exhibit D-Legal description of platted 20’ UE

                     Exhibit E-Legal description of UE to be vacated

                     Plat

                     Utility Sign Off’s

                                   

Recommendation:    Preview the Ordinance and set it for adoption