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SECOND AND FINAL READING OF ORDINANCE NO. O-1213-9: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING A PART OF A TWENTY (20) FOOT RIGHT-OF-WAY (ALLEY) LOCATED IN BLOCK EIGHT (8) OF THE ORIGINAL TOWN OF NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: The original Township of Norman was filed of record December 8, 1890. Within Block 8, a twenty-foot (20') right-of-way (alley) was dedicated for utilities and alley purposes to serve the properties. The location is between Peters Avenue and Jones Avenue and Eufaula Street and Symmes Street.
Planning Commission, at its meeting of October 11, 2012, on a vote of 7-0, recommended to City Council the partial closure of the twenty foot right-of-way (alley) for a distance of 150-feet be approved. There was no opposition at the meeting. A letter has been received from property owners east of the proposed closure. Their statement was that they should be included in the closure. This does not deny them that avenue for them to make a request in the future. There is a letter of protest from property owners to the west. However, it appeared to them their portion of the right-of-way (alley) was included in the request and they would not have the ability to get to their parking lot north of the right-of-way (alley). That misunderstanding was a result of the original legal description that did include the right-of-way (alley) from Peters Avenue to Jones Avenue. However, that request was in error and was corrected to include only the County's ownership prior to the consideration of the Planning Commission.
DISCUSSION: Cleveland County is requesting partial closure of the right-of-way (alley) for Lots 5 through 10 fronting Eufaula Street and Lots 23 through 28 fronting Symmes Street within Block 8. The County is rearranging their existing parking lot south of the existing right-of-way (alley) on Lots 23 through 32 and installing a parking lot north of the existing right-of-way (alley) on Lots 5 through 10. In order to control ingress and egress to the combined parking lot, the County's proposal is to install removable bollards at the west boundary of Lots 5 and 28, Block 8 and the east boundary of Lots 10 and 23, Block 8 within the right-of-way (alley). This will result in the partial closure of the right-of-way (alley) north of Lots 23 through 28. Access is not being denied to the property owners to the west of the right-of-way (alley) closure or to the property owners east of the right-of-way (alley) closure, however, no through movement of vehicles will be allowed except in the case of an emergency. With the closure, that portion of the right-of-way (alley) will no longer be under the maintenance of the City.
The closure was discussed with the Sanitation Division and it was determined service could be provided from the east end within the existing right-of-way (alley) and the west end within the existing right-of-way (alley).
RECOMMENDATION: Based on the fact the utility companies and City of Norman will continue to have access to the existing facilities located within the proposed closed right-of-way (alley), Staff recommends approval of the request for partial closure of a twenty-foot (20') right-of-way (alley) located between Lots 5 through 10 and Lots 23 through 28, Block 8, of the original Township of Norman. If the County proceeds with vacation of that portion of the right-of-way (alley), staff will request an easement to protect the existing utilities.