Broken Arrow City Council
Meeting of: 08-01-2017
To: Mayor and Council Members
From: Office of the City Attorney
Title:
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Consideration, discussion, and possible approval of Resolution No. 1023-Corrected, a Resolution authorizing the City Attorney to enter into a Final Journal Entry of Judgment without admitting liability in the matter of Rivergate Crossroads v. City of Broken Arrow, Tulsa County District Court Case CV-2017-00590, authorizing a foreclosure and vacation of mutual access and utility easements generally located north of the Broken Arrow Expressway, a quarter mile west of 9th Street
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Background:
On April 4, 2017 City Council for the City of Broken Arrow passed Ordinances 3479 and 3480 granting the closure of mutual access and utility easements which extends along the west boundary of Lot Four (4), Block Two (2) of the Hillside Crossing's plat. Lots Four (4) and Five (5) of Block Two (2) were combined subsequently re-divided to create the Hobby Lobby's parcel. The original easements, dedicated by the Hillside Crossing's plat, ran directly under the Hobby Lobby building. No utilities were placed in this easement so the City Council closed the mutual access and utility easements subject to the dedication of a new mutual access and utility easement along the east boundary of the new property line. Notably, Oklahoma Natural Gas, Public Service Company of Oklahoma, Cox Communications and Windstream all indicated that they had no objection to the City's closing of the mutual accesses and utility easement at this location.
No Public convenience or necessity exists for the reopening of the mutual access and utility easements closed by the City of Broken Arrow pursuant to City of Broken Arrow Ordinances 3479 and 3480. The foreclosure for the right to reopen the mutual access and utility easements closed by Ordinances 3479 and 3480 will not injuriously affect the right of the owne...
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