Broken Arrow City Council
Meeting of: 08-06-2019
Title:
title
Ratification of filed recorded Corrected Deed of Dedication from Bill Parker and Margie Parker regarding a 35-foot right-of-way on property generally located at 9702 S. 193rd East Avenue in the Northeast Quarter of the Southeast Quarter of Section 24, Township 18 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma
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Background:
In December, 2012, the City accepted and recorded a Deed of Dedication from Bill Parker and Margie Parker dedicating a road right-of-way easement which runs north-to-south on the western edge of the property, as it was then constituted. However, the Parkers never intended that the easement be located on the western edge of the property; the intent was that the easement be located on the eastern edge of the property along County Line Road. The legal description provided by the surveyor, Brett Biesemeyer, was in error.
At the same time the Parkers granted the easement to the City, they divided the lot and sold the western half (which included our easement) to Brett Biesemeyer (yes, the surveyor). They also granted Mr. Biesemeyer a private utility easement across their land. Mr. Biesemeyer built a $1 million dollar home on the property, part of it over our easement. So, unbeknownst to the City, at the same time we owned an easement under Mr. Biesemeyer's house, we were lacking a right-of-way easement associated with County Line Road.
This summer, Mr. Biesemeyer entered into a contract to sell his lot. When the buyers attempted to get a mortgage, the mortgage company's surveyor mapped out the location of our easement on the lot. It was then apparent to the buyer and seller that the legal description on the deed of dedication conveying the right-of-way easement was incorrect. In an attempt to correct the error and satisfy the title company insuring the title to the property for the buyers, Mr. Biesemeyer filed a Surveyor's Affidavit...
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