File #: O-2021-32    Version: 1 Name: 36th SE ROW Closure
Type: Zoning Ordinance Status: Passed
File created: 2/9/2021 In control: City Council
On agenda: 4/27/2021 Final action: 4/27/2021
Title: CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2021-32 UPON SECOND AND FINAL READING AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING THIRTY-THREE (33) FEET OF A PORTION OF THE STATUTORY RIGHT-OF-WAY OF 36TH AVENUE S.E. TO NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.
Attachments: 1. City Council Staff Report, 2. O-2021-32, 3. Location Map Revised, 4. Request for Closure, 5. Staff Report, 6. 3-11-21 PC Minutes - O-2021-32 - 36th SE Vacation
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CONSIDERATION OF ADOPTION, REJECTION, AMENDMENT, AND/OR POSTPONEMENT OF ORDINANCE O-2021-32 UPON SECOND AND FINAL READING AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, CLOSING THIRTY-THREE (33) FEET OF A PORTION OF THE STATUTORY RIGHT-OF-WAY OF 36TH AVENUE S.E. TO NORMAN, CLEVELAND COUNTY, OKLAHOMA; AND PROVIDING FOR THE SEVERABILITY THEREOF.

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BACKGROUND: Statutory rights-of-way were established in Oklahoma with section lines as a grid system. Within Cleveland County a total of sixty-six feet (66') of total statutory rights-of-way were assigned for section line roads with thirty-three feet (33') on each side of the Section Line. There are a few occasions where section line roads were never constructed within the rights-of-way. That is the case in this instance. The attorney for the owner wants to clear up any potential issues before final platting future phases of Bellatona Addition. Planning Commission, at its meeting of March 11, 2021, recommended approval of Ordinance O-2021-32.

DISCUSSION: The right-of-way being requested for closure is 33' of the east half of the 66' statutory right-of-way of 36th Avenue S.E. This road section does not exist and there are no road connections that could be served by this road section. There are no plans to complete this road section. The Comprehensive Transportation Plan does not include the construction of 36th Avenue S.E. City Council approved the preliminary plat for Summit Valley Addition at its meeting of October 14, 2003. There was no proposal to construct 36th Avenue S.E. as part of that preliminary plat. With the current approved preliminary plat for Bellatona Addition, there is no proposal of the use of the right-of-way with the construction of 36th Avenue S.E.

It should be noted there are two existing houses served by the west 33' statutory right-of-way with a private driveway. These properties will not be impacted by the closure.

All of the franchised utilities were not...

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