Public Notice PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, JUNE 12, 2016. ORDINANCE NO. 2016-21 AN ORDINANCE CLOSING STATE STREET LYING BETWEEN BLOCKS 15 AND 20 OF BAYLESS ADDITION OF THE CITY OF CLAREMORE AND CLOSING THE ALLEYWAY LYING WITHIN BLOCK 20 OF BAYLESS ADDITION OF THE CITY OF CLAREMORE, AND CLOSING UNIVERSITY STREET LYING SOUTH OF BLOCK 2 OF REVISED CHEROKEE PARK ADDITION AND NORTH OF BLOCK 15 OF BAYLESS ADDITION OF THE CITY OF CLAREMORE, ROGERS COUNTY, OKLAHOMA. WHEREAS, State Street lying between Block 15 and Block 20 of Bayless Addition in the City of Claremore has long been abandoned by the City of Claremore, is not currently being used as a public way, and is not needed for future use by the public; and WHEREAS, the alleyway lying within Block 20 of Bayless Addition in the City of Claremore has been abandoned by the City of Claremore, is not currently being used as a public way, and is not needed for future use by the public; and WHEREAS, all of Block 15 of Bayless Addition to the City of Claremore and Lots 1 to 15 inclusive of Block 20 of Bayless Addition to the City of Claremore were vacated by the developer Earle G. Bayless pursuant to a Vacation of City Addition dated December 4, 1913 and filed of record in the office of the Rogers County Clerk on December 8, 1913 in Book 96 at page 103; and WHEREAS, University Street lying South of Block 2 of Revised Cherokee Park Addition and North of Block 15 of Bayless Addition in the City of Claremore has long been abandoned by the City of Claremore, is not currently being used as a public way, and is not needed for future use by the public; and WHEREAS, Memorial Heights Baptist Church, the owner of the real property lying within the corporate limits of the City of Claremore and more particularly described on Exhibit "A" attached hereto, has requested that the City Council of the City of Claremore by Ordinance close to public use State Street lying between Block 15 and Block 20 of Bayless Addition in the City of Claremore, close University Street lying South of Block 2 of Revised Cherokee Park Addition and North of Block 15 of Bayless Addition in the City of Claremore, and that the City Council of the City of Claremore close to public use the alleyway lying within Block 20 of Bayless Addition in the City of Claremore, pursuant to Ordinance 602 dated April 15, 1974, and the Ordinance Procedure set forth in the Claremore City Charter; and WHEREAS, Written notice of this proposed closing of a public way has been given by registered mail to the holders of a franchise and others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way and to all owners of property abutting that portion of the public right-of-way and easement sought to be closed and such other owners of record whose property abuts said public right-of-way and easement within one hundred (100) feet thereof, at least thirty (30) days prior to passage of this Ordinance providing for the closing of the said public rights-of-ways, and; WHEREAS, The City of Claremore shall retain the absolute right to reopen the public street rights-of-way and alley by ordinance without expense to the City of Claremore, unless the owner of the real estate to which any public way or easement, or any part thereof, has heretofore reverted by closing, within the corporate limits of any municipality, shall commence an action in the district in the county in which the real estate is situated, upon filing a verified petition, asking for the permanent foreclosure of the absolute right to reopen the public way, pursuant to Title 11 O.S. Sections 42-111, et seq. NOW, THEREFORE, THE CITY OF CLAREMORE HEREBY ORDAINS: Section 1. That the City of Claremore deems it necessary and expedient to close State Street lying between Block 15 and Block 20 of Bayless Addition in the City of Claremore, to close University Street lying South of Block 2 of Revised Cherokee Park Addition and North of Block 15 of Bayless Addition in the City of Claremore, and to close the alleyway lying within Block 20 of Bayless Addition in the City of Claremore, Oklahoma, according to the U. S. Government Plat thereof. Section 2. That the franchise holders, City of Claremore, AT&T Corp., Cox Communications, Inc. and Oklahoma Natural Gas Company, a Division of One Gas, Inc., or other persons having a special right or privilege granted by ordinance or legislative enactment to use such public street and alley have either consented in writing or have not objected to such closing. There are no other franchise holders or other persons having a special right or privilege to use such public way and alley, except for those who have executed consents. Section 3. That State Street lying between Block 15 and Block 20 of Bayless Addition in the City of Claremore and University Street lying South of Block 2 of Revised Cherokee Park Addition and North of Block 15 of Bayless Addition in the City of Claremore, and the alleyway lying within Block 20 of Bayless Addition in the City of Claremore, Oklahoma, according to the U. S. Government Plat thereof, are hereby closed for public use. Section 4. This Ordinance is duly considered at a regular public meeting of the City Council, and is approved and adopted by a vote of a majority of all of the members of the City Council. This ordinance shall become effective at the expiration of thirty (30) days after the adoption hereof, or at any other date specified herein. PASSED AND APPROVED In regular session this day of 6th, day of June, 2016. CITY OF CLAREMORE, OKLAHOMA s/ Bill Flanagan Mayor, Bill Flanagan ATTEST: s/ Sarah Sharp City Clerk (SEAL)
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