LEGISLATIVE RESEARCH CENTER
File #: 17-2897    Name:
Type: Consent Item Status: Agenda Ready
File created: 11/14/2017 In control: Broken Arrow City Council
On agenda: 11/21/2017 Final action:
Title: Acceptance of a Mutual Access and Utility Easement on a portion of unplatted property south of Houston Street, one-quarter mile west of 23rd Street
Attachments: 1. 2-MUTUAL ACCESS AND UTILITY EASEMENT.pdf, 2. 3-AERIAL.TWIN CITIES EASEMENT.pdf

Broken Arrow City Council

Meeting of: 11-21-2017

 

To:                     Mayor and City Council Members

From:                     Development Services Department

Title: 

title

                     Acceptance of a Mutual Access and Utility Easement on a portion of unplatted property south of Houston Street, one-quarter mile west of 23rd Street

End

Background:

In January 2017, Twin Cities Ready Mix, Inc. purchased 19.33 acres south of Houston Street.  The entire frontage of this property, which abuts 23rd Street, is located in the 100-year floodplain of Broken Arrow Creek. 

 

Because of the drainage issues along 23rd Street, the previous property owner in 2012 had obtained a 50-foot wide mutual access and utility easement that crossed the abutting property to the north and allowed their property to be connected Houston Street.  The current property owner, Twin Cities Ready Mix, Inc., evaluated this easement and determined that it was not wide enough to accommodate the vehicles for the concrete plant they are proposing to build.  As a result, they obtained an additional 30-foot wide mutual access and utility easement, which makes the total easement 80-feet in width.  This easement is located south of Houston Street, one-quarter mile west of 23rd Street.

 

On November 9, 2017, the property owner inadvertently recorded the mutual access easement and utility easement in Tulsa County without the approval of the City Council and signatures of the City Manager and City Clerk.  Staff has visited with Tulsa County, and they are in agreement that the document can be rerecorded upon approval of the City Council and appropriate signatures added.

 

City Staff has reviewed and recommends acceptance of the Mutual Access and Utility Easement.

                     

Cost:                                                                Recording Fees

 

Prepared By:                                           Brent Murphy, AICP

 

Reviewed By:                                          Development Services Department
                                    Legal Department
                                    Assistant City Manager, Operations

Approved By:                      Michael L. Spurgeon, City Manager

 

Attachments:                                          Mutual Access and Utility Easement

                                    Aerial                                  

 

Recommendation: 

Accept the mutual access and utility easement.