Claremore Daily Progress

July 10, 2013

ORDINANCE NO. 2013-12

Sean Murphy
Associated Press

OKLAHOMA CITY —

Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, JULY 14, 2013. 

ORDINANCE NO. 2013-12

AN ORDINANCE VACATING AND ABANDONING ALLEYS BISECTING THE BLOCK BOUND BY N. LYNN RIGGS BLVD., W. WILL ROGERS BLVD., J.M. DAVIS BLVD., AND W. 4TH STREET WITHIN THE CITY OF CLAREMORE, ROGERS COUNTY, OKLAHOMA.

WHEREAS, Mason Center, a partnership comprised of Don Eagleton, Jr., R.C. Liebl and Gwen Liebl, Frank W. Podpechan, as trustee of the Frank W. Podpechan Revocable Trust dated January 11, 1993 and William E. Flanagan and William E. Flanagan, as trustee of the Connie J. Flanagan Trust dated February 1, 2008 own the following described real property:

Tract 1:

Lots 10 through 21, both inclusive, in Block 108, City of Claremore, Rogers County, Oklahoma, according to the recorded plat thereof and further described by metes and bounds as follows: Beginning at the Southeasterly corner of said Lot 10; thence North 64˚24'29” West, 277.00 feet along the Southerly line of said Lots 10 thru 19, both inclusive, to the Southwesterly corner of said Lot 19; thence North 25˚35'31” East, 135.00 feet along the Westerly line of said Lots 19, 20 and 21 to the Northwest corner of said Lot 21; thence South 64˚24'29” East, 277.00 feet along the Northerly line of said Lots 21, 14, 13, 12, 11 and 10 to the Northeasterly corner of said Lot 10; thence South 25˚35'31” West, 135.00 feet along the Easterly line of said Lot 10 to the point of beginning. Contains 37,395 square feet or 0.858 acres of land, more or less.

and Melton Land Co., LLC owns the following described real property:

Tract 2:

The Southerly 5.73 feet of Lot 3, all of Lot 4, and the Southerly 42.73 feet of Lots 5, 6, 7, 8 and 9, Block 108, City of Claremore, Rogers County, Oklahoma, according to the recorded plat thereof and further described by metes and bounds as follows: Beginning at the Southeasterly corner of said Lot 9; thence North 64˚24'29” West, 277.00 feet along the Southerly line of Lots 9, 8, 7, 6, 5 and 4 to the Southwesterly corner of said Lot 4; thence North 25˚35'31” East, 42.73 feet along the Westerly line of said Lots 4 and 3; thence South 64˚24'29” East, 277.00 feet to a point on the Easterly line of said Lot 9; thence South 25˚35'31” West, 42.73 feet along the Easterly line of said Lot 9 to the point of beginning. Contains 11,836 square feet or 0.272 acres of land, more or less.

 

WHEREAS, Mason Center, a partnership comprised of Don Eagleton, Jr., R.C. Leibl and Gwen Liebl, Frank W. Podpechan, as trustee of the Frank W. Podpechan Revocable Trust dated January 11, 1993 and William E. Flanagan and William E. Flanagan, as trustee of the Connie J. Flanagan Trust dated February 1, 2008 and Melton Land Co., LLC have requested that the City of Claremore by Ordinance abandon alleys described as follows:

Tract 3:

The alley through Block 108, City of Claremore, Rogers County, Oklahoma, according to the recorded plat thereof and further described by metes and bounds as follows: Beginning at the Northeast corner of Lot 10, Block 108, City of Claremore; thence North 64˚24'29” West, 277.00 feet along the Southerly line of said alley to the Northwest corner of Lot 21, Block 108, City of Claremore; thence North 25˚35'31” East, 20.00 feet to the Southwest corner of Lot 4, Block 108, City of Claremore; thence South 64˚24'29” East, 277.00 feet along the Northerly line of said alley to the Southeast corner of Lot 9, Block 108, City of Claremore; thence South 25˚35'31” West, 20.00 feet to the point of beginning. Contains 5,540 square feet or 0.127 acres of land, more or less.

Tract 4:

A part of an alley dedicated to the City of Claremore in Book 62, Page 381 described as the West 20 feet of Lot 5, Block 108, located in the City of Claremore, Rogers County, Oklahoma and further described by metes and bound as follows: Beginning at the Southwest corner of said Lot 5; thence North 25 degrees 35 minutes 31 seconds East 42.73 feet; thence South 64 degrees 24 minutes 29 seconds East, 20.00 feet perpendicular to the North line of said Lot 5; thence South 25 degrees 35 minutes 31 seconds West 42.73 feet to a point on the South line of said Lot 5; thence North 64 degrees 24 minutes 29 seconds West, 20.00 feet to the point of beginning.

WHEREAS, Mason Center, a partnership comprised of Don Eagleton, Jr., R.C. Liebl and Gwen Liebl, Frank W. Podpechan, as trustee of the Frank W. Podpechan Revocable Trust dated January 11, 1993 and William E. Flanagan and William E. Flanagan, as trustee of the Connie J. Flanagan trust dated February 1, 2008 and Melton land Co., LLC desire to sell the property to redevelop Tracts 1, 2, 3, and 4 into a CVS Pharmacy with drive-thru, together with facilities and improvements associated therewith.

WHEREAS, Mason Center, a partnership comprised of Don Eagleton, Jr., R.C. Liebl and Gwen Liebl, Frank W. Podpechan, as trustee of the Frank W. Podpechan Revocable Trust dated January 11, 1993 and William E. Flanagan and William E. Flanagan, as trustee of the Connie J. Flanagan trust dated February 1, 2008 and Melton land Co., LLC have given written notice of this proposed closing of the alleyways by mail to the holders of a franchise and others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way and to all owners of property abutting that portion of the public way sought to be vacated and such other owners of record whose property abuts said public way within one hundred (100) feet thereof, at least thirty (30) days prior to passage of this Ordinance providing for closing of the said public way; and

WHEREAS, The City of Claremore and all other public utilities shall retain the absolute right to reopen the public way by ordinance without expense to the City of Claremore and all other public utilities, unless the owner of the real estate to which any public way, or any part thereof, has heretofore reverted by closing, with in the corporate limits of any municipality, shall commence an action in the district court in the county in which the real estate is situated, upon filing a verified petition, asking for the permanent foreclosure of the absolute right to reopen the public way, pursuant to Title 11 O.S. Sections 42-111, et seq.

NOW, THEREFORE, THE CITY OF CLAREMORE HEREBY ORDAINS:

Section 1. That the City of Claremore deems it necessary and expedient to vacate and abandon the alleys bisecting the block bound by N. Lynn Riggs Blvd., W. Will Rogers Blvd., J.M. Davis Blvd., and W. 4th Street within the City of Claremore, Rogers County, Oklahoma as more particularly described herein as Tract 3 and Tract 4, for the purpose of allowing the redevelopment of Tracts 1, 2, 3, and 4 into a CVS Pharmacy with drive-thru, together with facilities and improvements associated therewith.

Section 2. That franchise holders, AT&T Corp., Cox Communications, Inc., Oklahoma Natural Gas Company, a Division of ONEOK, Inc., and City of Claremore, or other persons having a special right or privilege granted by ordinance or legislative enactment to use such public way, have either consented in writing or have not objected to such closing. There are no other franchise holders or other persons having a special right or privilege to use such public way, except for those who have executed consents. And further except for an objection that has been filed by AT&T Oklahoma and Southwest Bell Telephone Company.

Section 3. That the following described alleyways are hereby abandoned and closed for public use, to-wit:

Tract 3:

The alley through Block 108, City of Claremore, Rogers County, Oklahoma, according to the recorded plat thereof and further described by metes and bounds as follows: Beginning at the Northeast corner of Lot 10, Block 108, City of Claremore; thence North 64˚24'29” West, 277.00 feet along the Southerly line of said alley to the Northwest corner of Lot 21, Block 108, City of Claremore; thence North 25˚35'31” East, 20.00 feet to the Southwest corner of Lot 4, Block 108, City of Claremore; thence South 64˚24'29” East, 277.00 feet along the Northerly line of said alley to the Southeast corner of Lot 9, Block 108, City of Claremore; thence South 25˚35'31” West, 20.00 feet to the point of beginning. Contains 5,540 square feet or 0.127 acres of land, more or less.

Tract 4:

A part of an alley dedicated to the City of Claremore in Book 62, Page 381 described as the West 20 feet of Lot 5, Block 108, located in the City of Claremore, Rogers County, Oklahoma and further described by metes and bound as follows: Beginning at the Southwest corner of said Lot 5; thence North 25 degrees 35 minutes 31 seconds East 42.73 feet; thence South 64 degrees 24 minutes 29 seconds East, 20.00 feet perpendicular to the North line of said Lot 5; thence South 25 degrees 35 minutes 31 seconds West 42.73 feet to a point on the South line of said Lot 5; thence North 64 degrees 24 minutes 29 seconds West, 20.00 feet to the point of beginning.

Section 4. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate, or remove utility, public service corporation or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof.

Section 5. This Ordinance is duly considered at a regular public meeting of the City Council, and is approved and adopted by a vote of a majority of all of the members of the City Council. This ordinance shall become effective at the expiration of thirty (30) days after the adoption hereof, or at any other date specified herein.

Section 6. This Ordinance is an emergency measure necessary for the immediate preservation of the public peace, health, or safety, and it shall go into effect as of this date. The reason or reasons it is necessary for this Ordinance to become effective immediately is the planned imminent demolition of existing improvements on Block 108 in the City of Claremore, to be followed by the commencement of construction of a new CVS Pharmacy thereon, together with facilities and improvements associated therewith. The question of the emergency was voted upon separately and is approved by the affirmative vote of at least three-fourth (3/4) of all members of the City Council.

PASSED AND APPROVED in regular session this 1st day of July, 2013.

CITY OF CLAREMORE, OKLAHOMA

By: s/ Micky Perry

MAYOR, MICKEY PERRY

ATTEST:

By: s/ Sarah Sharp

SARAH SHARP, CITY CLERK