Broken Arrow City Council
Meeting of: 02-07-2017
To: Mayor and City Council
From: Office of the City Attorney
Title:
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Consideration, discussion, and possible approval of and authorization to execute Resolution No. 972, a Resolution authorizing the City Attorney to enter into the Final Journal Entry of Judgment without admitting liability in the matter of QuikTrip Corporation v. City of Broken Arrow, et al., Tulsa County District Court Case No. CV-2017-00006, authorizing foreclosure and vacation of 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
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Background:
On March 1, 2016, Stephen Schuller of Gable Gotwals requested on behalf of the previous owner, Hillside Development, LLC, the closure of a utility easement shown on the plat of Hillside Crossing, PUD 207 A (Plat No. 6505) at the Broken Arrow City Council meeting. On March 1, 2016, the Broken Arrow City Council passed Ordinance No. 3412 closing the approximately 0.14 acre utility easement. City Staff recommended the closure of the easement to eliminate unnecessary future maintenance regarding the utility easement described in the application and that no utilities had been installed in the easement and none were planned, therefore the easement was no longer required for public purposes.
On November 7, 2016, the City Council passed Ordinance No. 3457 revising Ordinance No. 3412 closing the utility easement. Ordinance No. 3457 corrected a scrivener's error that contained the wrong Lot number on the legal description for Ordinance No. 3412.
On January 4, 2017, QuikTrip Corporation filed its Petition to partially vacate the utility easement closed by Ordinance No. 3457 and foreclose the right to reopen the vacated easement in the ...
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