Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, JANUARY 14, 2014.

IN THE DISTRICT COURT

IN AND FOR

ROGERS COUNTY

STATE OF OKLAHOMA

VINTAGE AT VERDIGRIS, LCC, an Oklahoma Limited Liability Company, Plaintiff,

v.

TOWN OF VERDIGRIS, OKLAHOMA, BOARD OF COUNTY COMMISSIONERS OF ROGERS COUNTY, OKLAHOMA, PUBLIC SERVICE COMPANY OF OKLAHOMA; OKLAHOMA NATURAL GAS COMPANY, a division of ONEOK, INC., AT&T CORP., SOUTHWESTERN BELL TELEPHONE COMPANY, COXCOM, LLC, d/b/a COX COMMUNICATIONS, RURAL WATER DISTRICT NO. 5, ROGERS COUNTY, RURAL SEWER DISTRICT NO. 1, ROGERS COUNTY, VERDIGRIS VALLEY ELECTRIC COOPERATIVE, INC., and ALLEGIANCE COMMUNICATIONS, LLC, an Oklahoma Limited Liability Company, Defendants.

Case No. CV-2014-2

NOTICE OF HEARING TO VACATE AND FORECLOSE THE REOPENING OF PUBLIC EASEMENTS

TAKE NOTICE that Vintage at Verdigris, LLC, has filed a Petition to Vacate and Foreclose the Reopening of Public Easements in the District Court of Rogers County, Oklahoma, requesting that a Decree be entered vacating public easements over the land described as:

The Northwesterly Ten (10) feet of the Twenty-five (25) foot utility easement along the Southeasterly line of Lot One (1), Block One (1), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Easterly and Northerly Eight (8) feet of the Twenty-five (25) foot utility easement along the Southwesterly line or curve of Lot Four (4), Block Two (2), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Southerly Five (5) feet of the Twenty-five (25) foot utility easement along the Northerly line of Lot Eleven (11), Block Two (2), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Southerly Five (5) feet of the Twenty-five (25) foot utility easement along the Northerly line of Lot Twelve (12), Block Two (2), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Northwesterly Five (5) feet of the Twenty-five (25) foot utility easement along the Southeasterly line of Lot One (1), Block Three (3), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Westerly Eight (8) feet of the Twenty-five (25) foot utility easement along the Easterly line of Lot Thirty (30), Block Three (3), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Southerly Five (5) feet of the Twenty-five (25) foot utility easement along the Northerly line of Lot Fifteen (15), Block Four (4), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Southerly Five (5) feet of the Twenty-five (25) foot utility easement along the Northerly line of Lot Sixteen (16), Block Four (4), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The West Five (5) feet of the Twenty-five (25) foot utility easement along the East line of Lot One (1), Block Five (5), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Southerly Five (5) feet of the Twenty-five (25) foot utility easement along the Northerly line of Lot Fifteen (15), Block Five (5), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Southerly Five (5) feet of the Twenty-five (25) foot utility easement along the Northerly line of Lot Sixteen (16), Block Five (5), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The West Five (5) feet of the Twenty-five (25) foot utility easement along the East line of Lot Twenty-six (26), Block Five (5), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The West Five (5) feet of the Twenty-five (25) foot utility easement along the East line of Lot One (1), Block Six (6), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Easterly Five (5) feet of the Twenty-five (25) foot utility easement along the Westerly line of Lot Six (6), Block Six (6), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The Easterly Five (5) feet of the Twenty-five (25) foot utility easement along the Westerly line of Lot Seven (7), Block Six (6), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof;

The West Five (5) feet of the Twenty-five (25) foot utility easement along the East line of Lot Twelve (12), Block Six (6), VINTAGE AT VERDIGRIS PHASE III, a Subdivision in Rogers County, State of Oklahoma, according to the recorded Plat thereof.

Such petition further prays for foreclosure of the right to reopen the above public easements.  The petition further seeks to terminate the rights of the Defendants named herein together with all of the utility companies, public service corporations, and transmission companies to the above easement.

Hearing on the Petition of the Plaintiff has been set by the Court for the 12th day of March, 2014 at 9:30 o’clock a.m., in Court Room No. I, Rogers County Courthouse, 200 S. Lynn Riggs Blvd., Claremore, Oklahoma, at which time and place all interested persons may appear and contest such Petition; provided, that any person wishing to contest such Petition shall file an answer showing the grounds upon which they contest the Petition within twenty days of the first publication of this Notice or at least five (5) days before the date for such hearing, whichever is later.

DATED the 10th day of January, 2014.

s/ Dynda Post

Judge

Kim Henry

District Court Clerk

Jerry M. Snider, OBA No. 8436

Eller & Detrich, PC

2727 E. 21st St., Suite 200

Tulsa, Oklahoma 74114

918-747-8900

Attorney for Plaintiff

 

 

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