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CONSIDERATION OF ORDINANCE O-1920-59 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING A PORTION OF THE ALLEY RIGHT-OF-WAY LOCATED IN BLOCK 68, ORIGINAL TOWN OF NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: Cleveland County Board of Commissioners have requested the closure of a portion of (alley) right-of-way.
Planning Commission, at its meeting of July 9, 2020, recommended to City Council the approval of Ordinance No. O-1920-59.
DISCUSSION: Block 68 of Original Townsite of Norman was filed of record on December 8, 1890, with a twenty foot (20’) right-of-way (alley). This particular width of right-of-way was used for alley purposes. The right-of-way is located between West Comanche Street and West Eufaula Street west of James Garner Avenue for approximately 250’. The applicant has indicated a proposal to construct a Wellness Square Facility in the general area. The County owns property on each side of the right-of-way. The current County site plan is to create a facility that utilizes the area currently reserved for an alley and not allowing traffic between the buildings. Franchised utilities were not notified to assess the impact on their facilities if the right-of-way is closed because the County has agreed to provide a utility easement to cover existing utilities unless they are relocated.
An existing City sewer line is currently located within the area requested for release. The typical procedure would be for the City to reserve an easement for the operation and maintenance of the sewer line. However, this is not an acceptable solution since the proposed County development plans include construction within the area that would prohibit the ability for the City to maintain the sewer line. As such, the City has worked with the County to develop the following requirements for the closure to proceed:
1. The existing private service line for the Train Depot at 200 S Jones Avenue must be rerouted to the north to the existing sewer line and the disturbed areas must be restored to conditions as-good or better than existing conditions. Detailed map showing the re-route with elevations is attached;
2. The existing connection point for the Train Depot private service must be abandoned at the main by physical disconnection and capping of the service and grout plugging the existing service line;
3. The existing line running generally northeast from Manhole 211122 (approximately at Northing 687,727 and Easting 2,134,707) will become the County’s property and the County will be responsible for the future maintenance, operation, repair, replacement, and permitting of the line and appurtenances;
4. The County will be allowed to access the sewer line to become their responsibility where located on City property or within City right-of-way but the County will be required to restore the areas to conditions as-good or better than current conditions at the time of construction, operation, or maintenance; and
5. Billing for sewer service will remain as-is based on the water meter readings for the respective buildings.
The City would still reserve an easement until such time that the above modifications have been completed.
STAFF RECOMMENDATION: Based on the fact the right-of-way is no longer needed, staff supports the request to close and later vacate the right-of-way as described subject to meeting the required conditions.