File #: O-1213-45    Version: 1 Name: Carrington Place UE Closure
Type: Ordinance Status: Passed
File created: 4/10/2013 In control: City Council
On agenda: 6/11/2013 Final action: 6/11/2013
Title: CONSIDERATION OF ORDINANCE NO. O-1213-45 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING AND RELOCATING A UTILITY EASEMENT LOCATED IN CARRINGTON PLACE ADDITION, SECTION 11, NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF. (BETWEEN LOTS 1 AND 2, BLOCK 5, CARRINGTON PLACE ADDITION, SECTION 11)
Attachments: 1. Text File O-1213-45, 2. O-1213-45 Carrington Place 11 UE Closure, 3. Location map, 4. Carrington UE Staff Report, 5. Memo from Clerk, 6. Carrington UE Petition, 7. Carrington UE to Close, 8. Carrington UE to Relocate, 9. Carrington E-1213-21, 10. 5-9-13 PC Minutes - O-1213-45

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CONSIDERATION OF ORDINANCE NO. O-1213-45 UPON SECOND AND FINAL READING:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING AND RELOCATING A UTILITY EASEMENT LOCATED IN CARRINGTON PLACE ADDITION, SECTION 11, NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.  (BETWEEN LOTS 1 AND 2, BLOCK 5, CARRINGTON PLACE ADDITION, SECTION 11)

 

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BACKGROUND: The final plat for subject addition was filed of record on November 29, 2012.  Within the final plat,  easements were dedicated to cover a water main (utility easement) to serve the properties.  The location is west of 36th Avenue N.W. and south of Carrington Lane.

 

DISCUSSION: Since the final plat was filed of record, the owners have a potential buyer for Lot 2, Block 5, that needs an additional five feet (5’) to place the structure on the lot.  There is an existing platted ten-foot (10’) utility easement located on the north side of Lot 2, Block 5. The proposal is to close the south five-foot (5’) of the utility easement. There are no utilities within the five-foot (5’) that the owners desire to close.  All the franchised utility companies were notified to assess the impact of their facilities with the requested closure. No objections were presented by the franchised utility companies.  There is a waterline located within the north five-foot (5’) of the ten-foot (10’) easement.  The attorney for the owners has submitted a new separate instrument easement that will be located on Lot 1, Block 5. With the separate instrument, the five-foot (5’) easement would be added to the north side of the existing five-foot (5’) platted easement located on the south lot line of Lot 1, Block 5.  The required fifteen-foot (15’) combined utility easements will meet City standards and requirements. Planning Commission, at its meeting of May 9, 2013, recommended adoption.

 

RECOMMENDATION: The platted easements were specifically designed to serve the Carrington Place Addition, Section 11.  With the granting of a separate easement, staff recommends approval of the request for partial closure of a five-foot (5’) of a platted ten-foot (10’) utility easement within Lot 2, Block 5, and to ultimately vacate that portion of easement that is in conflict with the proposed building and accept the new separate instrument easement within Lot 1, Block 5,  that has been submitted by the attorney for the owner as part of this request and submittal.