LEGISLATIVE RESEARCH CENTER
File #: 16-890    Name:
Type: Preview Ordinance Status: Adoption
File created: 7/26/2016 In control: Broken Arrow City Council
On agenda: 8/2/2016 Final action:
Title: Consideration, discussion and preview of an ordinance closing a utility easement on property located in Part of Lot Two (2), Block One (1), Hillside Crossings, a subdivision in the City of Broken Arrow, Tulsa County, State of Oklahoma, generally located north of the Broken Arrow Expressway and west of 9th Street; specifically repealing ordinance number 3412; repealing all ordinances to the contrary; and declaring an emergency
Attachments: 1. ORDINANCE NO 3412, 2. UTILITY CLOSURE EXHIBIT, 3. HILLSIDE CROSSINGS PUD 207A FINAL PLAT, 4. CONCEPTUAL SITE PLAN.QT #0034, 5. Corrected Ordinance.pdf, 6. Correct LEGAL & UE EXHIBIT

Broken Arrow City Council

Meeting of: 08-02-2016

 

To:                     Mayor and City Council Members

From:                     Development Services Department

Title: 

title

                     Consideration, discussion and preview of an ordinance closing a utility easement on property located in Part of Lot Two (2), Block One (1), Hillside Crossings, a subdivision in the City of Broken Arrow, Tulsa County, State of Oklahoma, generally located north of the Broken Arrow Expressway and west of 9th Street; specifically repealing ordinance number 3412; repealing all ordinances to the contrary; and declaring an emergency

End

Background:

The applicant, Stephen Schuller of GableGotwals, on behalf of QuikTrip Corporation contacted staff on July 10, 2016 advising the recent ordinance 3412 to close a utility easement had a scrivener’s error with the wrong lot callout on the legal description. 

 

 Previous Ordinance language background information. “The lot callout on the has requested on behalf of Hillside Development LLC, the closure of a Utility Easement shown on the Plat of Hillside Crossings, PUD 207A (Plat No. 6505).  No utilities have been installed in such easement and none are planned; therefore, the easement is no longer required for public purposes.  Closure of the easement is recommended to eliminate unnecessary future maintenance, regarding the Utility Easement described in the application.

 

The property was originally platted as Lot 2, Block 1 of Hillside Crossings.  On August 13, 2015, the Planning Commission approved BAL 1077, a lot split involving the 3.09 acre undeveloped platted lot. The applicant, Hillside Development LLC, requested to split Lot 2 into two lots.  Tract A1, the west parcel, contains 2.02 acres, while Tract A2, the east parcel has 0.83 acres.  Tract A2 is in the process of being combined with Lot 1, Block 1 to the east.

 

Oklahoma Natural Gas (ONG), Public Service Company of Oklahoma (PSO), Cox Communications, and Windstream indicate they do not have any problems with the proposed Utility Easement closure.”

 

City staff has reviewed the revised legal description with the corrected lot number and recommends previewing the revised ordinance which specifically repeals ordinance number 3412, as well as all others in conflict therewith. 

                     

Cost:                                                                None

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:                                          Existing Ordinance No. 3412

                                                               Existing Utility Closure Exhibit

                                                               Hillside Crossings PUD 207A Final Plat

Conceptual Site Plan for Quick Trip 0034

                                                               Revised Ordinance for Preview

                                                               Revised Utility Closure Exhibit   

                               

Recommendation:    Preview the revised ordinance and set it for adoption.