File #: O-1213-50    Version: 1 Name: Boehme ROW/UE Closure Pickard Acres
Type: Ordinance Status: Passed
File created: 5/7/2013 In control: City Council
On agenda: 7/9/2013 Final action: 7/9/2013
Title: CONSIDERATION OF ORDINANCE NO. O-1213-50 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING THE SOUTH TWENTY (20) FEET OF THE FIFTY (50) FOOT RIGHT-OF-WAY ADJACENT TO LOT 14, BLOCK 6 OF PICKARD ACRES ADDITION AND CLOSING A PORTION OF THE TWENTY (20) FOOT SANITARY SEWER EASEMENT WITHIN LOT 13 AND 14, BLOCK 6, PICKARD ACRES ADDITION, NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.
Attachments: 1. Text File O-1213-50 final, 2. O-1213-50, 3. Location Map, 4. Memo for Pickard Acres, 5. Letter of Request for Pickard Acres, 6. Ownership Radius Map Pickard Acres, 7. Staff Report - Pickard Acres ROW-UE, 8. Plat - Pickard Acres, 9. 6-13-13 PC Minutes - O-1213-50
Title
CONSIDERATION OF ORDINANCE NO. O-1213-50 UPON SECOND AND FINAL READING:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING THE SOUTH TWENTY (20) FEET OF THE FIFTY (50) FOOT RIGHT-OF-WAY ADJACENT TO LOT 14, BLOCK 6 OF PICKARD ACRES ADDITION AND CLOSING A PORTION OF THE TWENTY (20) FOOT SANITARY SEWER EASEMENT WITHIN LOT 13 AND 14, BLOCK 6, PICKARD ACRES ADDITION, NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.  
 
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BACKGROUND: The final plat for Pickard Acres Addition was filed of record in 1920.  Within the final plat, fifty-foot (50') right-of-way for Cruce Street was dedicated.  Through the years, this portion of Cruce Street has never been constructed.  Currently, there are no plans or need to extend Cruce Street at this location. When a structure was built many years ago upon Lot 13 and Lot 14, Block 6,  the structure encroached within the Cruce Street right-of-way. As a result, there is a cloud on the title.
 
Several years ago sanitary sewer mains (interceptor lines) were installed within Lots 13 and 14, Block 6, Pickard Acres Addition to serve properties to the north and east of this area. Over the years, these lines were abandoned with new interceptor lines located further west that did not cut through the middle of the lots.  It appears the easement was never released or vacated.  As a result, the easement “clouds” the title running with the property.
 
DISCUSSION: There have been no objections to the closure of the south twenty-foot (20') of the fifty-foot (50') right-of-way for Cruce Street or the closure of the easement that was granted for the purpose of sanitary sewer mains. Although not located within the south twenty-foot (20') right-of-way of Cruce Street, an existing storm sewer is running east-west and parallel within the Cruce Street right-of-way. Staff is not opposed to the closure and potential vacation, but would request a ten-foot (10') drainage easement be provided with the vacation of the right-of-way.  The easement will not impact the location of the existing structure.
 
RECOMMENDATION: Staff recommends approval of the request to close the south twenty feet (20') of a fifty-foot (50') right-of-way adjacent to Lot 14, Block 6, Pickard Acres Addition and closing a portion of a twenty-foot (20') sanitary sewer easement within Lot 13 and Lot 14, Block 6, Pickard Acres Addition as described by the surveyor.