Claremore Daily Progress

May 3, 2013

BEFORE THE CITY COUNCIL OF THE CITY OF CLAREMORE, OKLAHOMA

Staff Writer
Claremore Progress

CLAREMORE —

Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, MAY 3, 2013.

BEFORE THE CITY COUNCIL OF THE CITY OF CLAREMORE, OKLAHOMA

THE APPLICATION OF MASON CENTER, A PARTNERSHIP COMPRISED OF DON EAGLETON, JR., R.C. LEIBL AND GWEN LEIBL, 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, FOR AN ORDINANCE VACATING AND ABANDONING AN ALLEY 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.

NOTICE OF PRESENTATION OF ORDINANCE TO VACATE AND ABANDON AN ALLEY BISECTING THE BLOCK BOUND BY N. LYNN RIGGS BLVD., W. WILL ROGERS BLVD.  J. M. DAVIS BLVD. AND W. 4TH STREET

TO:

THE CITY OF CLAREMORE, OKLAHOMA

C/O CITY CLERK

104 S. MUSKOGEE

CLAREMORE, OK 74017

BOARD OF COUNTY COMMISSIONERS

ROGERS COUNTY OKLAHOMA

ROGERS COUNTY COURTHOUSE

200 S. LYNN RIGGS BLVD.

CLAREMORE, OK 74017

CLAREMORE CITY UTILITIES

104 S. MUSKOGEE

CLAREMORE, OK 74017

AT&T CORP

C/O REGISTERED AGENT:

THE CORPORATION COMPANY

1833 S. MORGAN RD

OKLAHOMA CITY, OK 73128

SOUTHWESTERN BELL TELEPHONE COMPANY

C/O REGISTERED AGENT:

THE CORPORATION COMPANY

1833 S. MORGAN RD

OKLAHOMA CITY, OK 73128

ONEOK, INC. FOR OKLAHOMA NATURAL GAS COMPANY

C/O REGISTERED AGENT:

NATIONAL REGISTERED AGENTS, INC. OF OK

115 SOUTHWEST 89TH STREET

OKLAHOMA CITY, OK 73139-8505

COXCOM, INC.

COX OKLAHOMA TELCOM, LLC

C/O REGISTERED AGENT:

CORPORATION SERVICE COMPANY

115 SW 89TH ST

OKLAHOMA CITY, OK 73139-8511

ANY OTHER HOLDER OF A FRANCHISE and others having a special right or privilege granted by Ordinance or legislative enactment to use said alley sought to be vacated;

THE OWNERS of property abutting the alley sought to be closed to the public and such other owners of record whose property abuts or whose property is within three hundred (300) feet in any direction from 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, whose names and mailing addresses are set forth on the Special Certificate of the abstractor, and to all persons interested and affected by said Application; and

THE PUBLIC IN GENERAL.

NOTICE IS HEREBY GIVEN that 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 vacate and abandon the alley way bisecting the block bound by N. Lynn Riggs Blvd., W. Will Rogers Blvd, J.M. Davis Blvd., and W. 4th Street located in the City of Claremore, Rogers County, Oklahoma, according to the U.S. Government Plat thereof, for the purpose of redeveloping Tracts 1, 2 and 3 into a CVS Pharmacy with drive-thru, together with facilities and improvements associated therewith.

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 own the following described property:

Tract 1:

Lot 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.

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.

The alley to be abandoned is 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.

Closing of the alley way 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.

The Ordinance proposing to close said alley way will be considered by the City Council of the City of Claremore, Rogers County, Oklahoma, in a public hearing in the City Council Chambers at the City Hall Complex located at 104 S. Muskogee, Claremore, Oklahoma, on the 3rd day of June, 2013, at 6:00 o’clock P.M., or as soon thereafter as possible at the regular meeting of the City Council at said date and time.

Anyone in opposition to the Applicant’s request to close the above described alley way may appear at the above time and place, and resist the same, and should any opponents not appear then the Ordinance may be granted as requested by the Applicant.

Respectfully Submitted,

s/ David W. Kelly

David W. Kelly OBA #4932

512 West Evergreen

Durant, OK 74701

Telephone: 580-924-1202

Fax: 580-924-4665

Email: kellydw57@yahoo.com

Attorney for Orange Development, Inc.

1200 Corporate Drive, Suite G-50

Birmingham, AL 35242