LEGISLATIVE RESEARCH CENTER
File #: 16-369    Name:
Type: Preview Ordinance Status: Adoption
File created: 3/29/2016 In control: Broken Arrow City Council
On agenda: 4/5/2016 Final action:
Title: Consideration, discussion and possible preview of an ordinance closing a mutual road easement on property located in the Southwest Quarter (SW/4 SW/4) (Lot Four) of Section Thirty (30), Township Eighteen (18) North, Range Fourteen (14) East, Berwick South, a subdivision in the City of Broken Arrow, Tulsa County, State of Oklahoma, generally located north of W. Florence Street and east of S. Mingo Road; repealing all ordinances to the contrary; and declaring an emergency
Attachments: 1. MRE.close.prev.ord.040516.pdf, 2. Application Easement and Legal.pdf
Related files: 16-415

Broken Arrow City Council

Meeting of: 04-05-2016

 

To:                     Mayor and City Council Members

From:                     Development Services Department

Title: 

title

                     Consideration, discussion and possible preview of an ordinance closing a mutual road easement on property located in the Southwest Quarter (SW/4 SW/4) (Lot Four) of Section Thirty (30), Township Eighteen (18) North, Range Fourteen (14) East, Berwick South, a subdivision in the City of Broken Arrow, Tulsa County, State of Oklahoma, generally located north of W. Florence Street and east of S. Mingo Road; repealing all ordinances to the contrary; and declaring an emergency

End

Background:

The applicant, R. Mark Petrich of Hall Estill, has requested on behalf of RLand Development Group, LLC, the closure of a previously recorded Mutual Road Easement.  The easement was originally provided to keep construction access out of the original Berwick subdivision and into Berwick on Cedar Ridge (Blocks 2, 3, 4, 5 and 6) (Plat no. 601).  The recorded plat of Berwick South now handles the access by street right-of-way.    Closure of the easement is recommended to eliminate duplication and possible lot development conflicts.

 

City staff has reviewed the request for closure of the mutual road easement as requested and recommends approval.  It is anticipated that the landowner will file a foreclosure action in District Court following adoption of the ordinance

 

Staff recommends the Council preview the ordinance and set it for adoption. 

                     

Cost:                                                                $500.00

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

Reviewed By:                                          Legal Department
                                    Assistant City Manager - Operations

Approved By:                      Michael L. Spurgeon, City Manager

Attachments:                                          Preview Ordinance

                                                               Application

                                                               Filed Mutual Road Easement, Legal Description and Exhibit

                                   

Recommendation:    Preview the ordinance and set for adoption at the next meeting.