PURCHASING DEPARTMENT
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1 TULSA COUNTY PURCHASNG DEPARTMENT Date: April 25, 2018 From: Matney M. Elli Purchaing Directo To: Board of County Commii er Sub'ect: Deed Retriction- City oftula Submitted for your approval and execution i the attached Deed Retriction between the Board of County Commiioner and the City oftula for A Gathering Place for Tula property owned by Tula County and the City oftula. Repectfully ubmitted for your approval and execution. MME/arh Original: Copie: Michael Willi, County Clerk, for the April 30, 2018 agenda. Michael Craddock, Acting Commiioner Commiioner Karen Keith Commiioner Ron Peter John Fothergill, Chief Deputy Vicki Adam, Chief Deputy Form 4363 (Rev. 4-98)
2 1 CTY OF A New Kmd of Efieigy. ENGNEERNG SERVCES John Fothergill Chief Deputy Tula County Commiioner 500 S. Denver Avenue Tula, OK74103 Dear Mr. Fofhergill, A a condition of U.S. Army Corp of Engineer Section 404 Pennit Number SWT for A Gathering Place for Tula, a deed reta-iction for property owned by Tula County and the City oftiila i attached. Pleae review the document and return four (4) igned copie. The City oftula will file thi document with the County Clerk oftula County and return one (1) executed copy to the Tula County Board of Commiioner. Sincerely, L^4(W ^ Brooke Cavine, P. E. Project Manager Encloure ec: Doug Helt File 2317 S. Jackon, S-107, Tula, OK Office Fax org
3 DECLARATON OF RESTRCTON A portion offlie real property more particularly decribed and depicted in Exhibit A attached hereto and made a part hereof (hereinafter the "Property") i owned by the City of Tula, Oklahoma, a municipal corporation (the "City"), and remaining portion i owned by TuTa County, Oklahoma, a body politic (the "County"). The portion ovmed by the City i decribed and depicted a Tract 1 and Tract 3 on Exhibit B attached hereto; the portion owned by the County i decribed and depicted a Tract 2 on Exhibit B. The Property, coniting of acre located in the riverbed of the Arkana River, i alo referenced m fae "Final Mitigation Plan for A Gathering Place for Tula, Tula County, Oklahoma, dated February " prepared by HS LLC (the "Final Mitigation Plan"). The Property' ubject to the condition of U. S. Army Corp of Engineer (USAGE) Section 404 Pennit Number SWT , dated Augut 19, 2015, and/or any reviion thereof a iued to the River Park Authority. The intent of thi document i to azirc fhat the Property will be retained and maintained forever in the vegetative and hydrologic condition decribed m the Final Mitigation Plan and the Section 404 Permit Number SWT A a condition to the aforementioned USAGE permit the following retriction apply to the Property: 0 The Property i hereby dedicated a an aquatic ecoytem preerve [or "tream and tream buffer preerve" or "wetland preerve"] for the purpoe of providmg aquatic reource [or"tream" or"wetland"j mitigation. Activitie within the Property prohibited by thi dedication include but are not limited to, grazing of livetock, haying, cropping, and coimnercial timber harvetmg. Land clearing, fdlmg or draining, " and* other vegetation and oil diturbing activitie are prohibited except a required to accomplih tihe mitigation ite goal and objective. 2) The USAGE hall have the right to enter and go upon the Property for purpoe of inpection, and to take action including but not limited to cientific or educational obervation and tudie, and collection of ample. 3) n the event of a breach of the retriction by the City or a third party working with the permiion of or mider &e direction of the City, the City mut immediately notify the USAGE. f the USAGE become aware of a breach of thi Agreement with regard to the City' portion of the Property [Tract 1; Tract 3], the USAGE will notify the City of the breach. The City hall have thirty (30) calendar day after receipt of uch notice to undertake action that are reaonably calculated to wiftly correct the condition contituting the breach. f the City correct the condition contituting the breach in a
4 timely and reaonable mamer, uo further action i warranted or authorized. f the City fail to initiate uch corrective action within thirty (30) calendar day or fail to complete the neceary corrective action, the USAGE may undertake uch action, includmg legal proceeding, a are neceary to effect uch corrective action. Any forbearance on the part of the USAGE to exercie it right m the event of a breach of the retriction hall not be deemed or contmed to be a waiver of their right hereunder in the event of any ubequent failure of the City to comply. 4) n the event of a breach of the retriction by the County or a third party working with the penniion of or imder the direction of the County, the County mut immediately notify the USAGE. f the USAGE become aware of a breach of thi Agreement with regard to the County' portion of the Property [Tract 2], the USAGE will notify the County of the breach. The County hall have thirty (30) calendar day after receipt of uch notice to undertake action that are reaonably calculated to wiftly correct the condition coiitituting the breach. f the County correct the condition contiftiting the breach in a timely and reaonable manner, no further action i warranted or authorized. f the County fail to initiate uch corrective action within thirty (30) calendar day or fail to complete the neceary con-ective action, the USAGE may undertake uch action, mcludmg legal proceeding, a are neceary to effect uch corrective action. Any forbearance on the part of the USAGE to exercie it right in the event of a breach of the retriction hall not be deemed or contrued to be a waiver of their right hereunder in the event of any ubequent failure of the County to comply. 5) TTiee retriction may not be removed or revied without obtaining a modification of the aforementioned USAGE authorization and/or prior written approval of the USAGE. Permit reviion can be granted only by the USAGE, Tula Ditrict, Regulatory Office. Thi Declaration of Retriction hall run with the land in perpetuity and be bindmg on all future owner, heir, ucceor, adminitrator, aign, leee, or other occupier and uer. The City mut file thi Declaration of Retriction with the County Clerk of Tula County, Oklahoma within ten (10) buine day of the date thi document i executed by the City arid provide a copy of the recorded Declaration of Retriction to the USAGE, Tula Ditrict, Regulatory Branch, within twenty (20) buine day of filing. EXECUTED thi day of,
5 "COUNTY" BOARD OF COUNTY COMMSSONERS OF TULSA COUNTY, OKLAHOMA Date; ATTEST: By: Chairman County Clerk APPROVED AS TO FORM: ^K^%y^?: ^}-j^ Aitant Ditrict Attorney APPROVED AS TO SUBSTANCE: County Engineer STATE OF OKLAHOMA ) ). COUNTY OF TULSA ) Before me, a Notary Public in and for aid County and State, on the _ day of, 2018, peronally appeared, to me known to be the identical peron who approved the wifhia and foregoing intrument a Chairman of the Board of County Commiioner of Tula County, Oklahoma, and acknowledged to me that he approved the within and foregoing intrument a hi free and voluntary act and deed and a the free and voluntary act and deed oftula County, Oklahoma, for the ue and purpoe therein et forth My commiion expire: Notary Public
6 "CTY" CTY OF TULSA, OKLAHOMA, a municipal corporation Date: BY. Name: G. T. Bynum Title: Mayor AFTEST: City Clerk APPROVED AS TO FORM: APPROVED AS TO SUBSTANCE: Aitant City Attorney City Engineer STATE OF OKLAHOMA ) ). COUNTY OF TULSA ) Before me, a Notary Public in and for aid County and State, on the day of, 2018, peronally appeared G. T. Bynum, to me known to be the identical peron who approved the within and foregoing mtrument a Mayor of the City of Tula, Oklahoma, and acknowledged to me that he approved the within and foregoing intrument a hi free and voluntary act and deed and a the free and voluntary act and deed of the City of Tula, Oklahoma, for the ue and purpoe therein et forth. My commiion expire: Notary Public
7 LEGAL DESCRPTQN OWNER: CTY OF TULSA ADDRESS: TRACT 0'F LAND N NW/4 OF SECTON 24. T19N, R12E TULSA, OKLAHOMA PERMANENT DEED OF DEDCATON COMMENCNG at the Northeat Comerofthe Northwet 1/4 Section 24, T19N, R12E THENCE S88 5D'32''W, a ditance of feet THENCE SOO 00'00"E, a ditance of feet to the PONT OF BEGNNNG; THENCE S50 30'14"E, a ditance of feet: THENCE S33 52'41"E, a ditance of feet; THENCE S04 16'29"E, a ditance of feet; THENCE S03948'26"W, a ditance of feet; THENCE S39037'21"W, a ditance of feet; THENCE S090 56'26'W, a ditance of feet; THENCE S03''12'33"E. a ditance of feet; THENCE S00037'45"E, a ditance of feet; THENCE S07014'10"E, a ditance of feet; THENCE S27 17'24"E, a ditance of feet; THENCE S67610'01"E, a ditance of feet; THENCE S03 31'5S"W, a ditance of feet; THENCE S "E, a ditance of feet; THENCE S "W, a ditance of feet; THENCE S09 20'24"W, a ditance of feet; THENCE N8$ 18'58"W, a ditance of feet; THENCE N08021'45"W, a ditance of feet;- THENCE N01 29'32'W, a ditance of feet; THENCE N03 35'49"W, a ditance of feet; THENCE N160 41'00"W, a ditance of feet; THENCE N "W, a ditance of feet; THENCE N37 59'28"E, a ditance of feet; to the PONT OF BEGNNNG, SAD TRACT CONTANS APPROXMATELY ACRES MQRE OR LESS. 1, Jacob R. Carroll, certify the attached le^al decription cloe in accord with exiting record, i a true repreentation of the Permanent Deed of Dedication a decribed and meet the minimum technical tandard for land ur/eying of the State of Oklahoma. Jacob R. CarrolJ Oklahoma PLS #1522 Certificate of Authorization No GA expiration date: June 30, EXHBT A ( of 6)
8 PONT LSTNG PARCEL 1 PONTS LSTNG - DEED RESTRCTON DSTANCE NORTHNG EASTNG POB S50<>39'14UE S33 52'41"E S04 16'29"E S 'W S39 37'21'W S09C 56'26'W S03 12'33"E SOO 37'45nE S07 14'W"E S27C 17'24"E S07 10'01"E S03 3r53"W S24 53'55"E S62 25'51"W S09 20'24'W N880 18'58"W N08 21'45"W N01 29'32"W N03''35'49'W N16 41'OOUW N21 03'19"W N37 59'28"E topob , S EXHBT A (2 of 6)
9 3ST n R12E E31tSTS. ;^%^il^f^ -> ^ -> -. ll'b&fc. '..'^'.^S^w^^K ~^;33Bii^[y^ J2 S PROJECT: # MTGATON AREA GATHERNG PL CE PARCEL.NO:-. 1 CQUNTY:. TULSA L^CAtlbN: TRACT N NW1/4 SEC..24 T1^N RS12E S BEFORE ROSS SF AC. '.-":VS~',~f'"^::T~a! E 41t ST 5.. PERMANENT DEED RESTRCTON AC. Set 1/2" ron Pin Cap"1522"at P.Q.B FOB N37 59?8"E. 21&,95-5!8'1SO'32'W,. ^Q-KW... ^:^9R- NY^...*: SCiOB06'00"E, <,S 0039'l4nE. '* ---, '-^. -~"-T %^ S33B52-1"E, ^S, N21a03'19"W. 341,60' ^'^, i^s "e, l4 io-.., '~^S031 >8-26"W, 1 5:. 2- ^^ e"ovyc^e N1$a41'00''W. 29Q. 19' MATCH LNE SHEETS 1-2 ^.:ys39b37 1"W, 54. ; 7' B SOaB56'2, -W, ^ TCH LNE SH ETS1-2 Note: 1. The bai of bearing i Oklahoma State Plane - North Coordinate Sytem - NAD /2" iron pin with Gap "1522" et at all bearing location on eat ide of deed decription on river bank. 3. See attached legal decription and certification 4201 N. Barne Ave, Oklahoma City, Oklahoma (405) CA #4568 Expire 6/2016 DATE: 04/29/16 SCALE: 1 "=200' EXHBT A 3 of 6 BEARNG TREE LAND SURVEYtNC, L. L. C. uai it amia fv. rdviiaw fn} m-ioi OMrtuna C/, OiWcilll /J>U f'w tw) ea-ia n U /'S" _BTn'_<*>_te CS/JO/K r»n» ff»> /»»<; inkat.imwwmnkwc.rau ^OGSAPmC. UOAS. CPS. PHOTOGRWUEFKY TOtrCU nun TTT-. nluctpf-tmw-."ere
10 ]ST Ịa R12E E 31t ST S.." PROJ CT: # MTGATON AREA GATHERNG PLACE PARCEL NO: 1 COUNTY: TULSA LOCATON: TRACT N NW1/4 SEC. 24 T19N ^12E BEFORE GROSS _ SF AC. E41tSTS. PERMANENT DEED RESTRCTON AC. MATQH LNE SHE TS 2-3 M TC LNE E 2-3 N08''21'45'W, Set 1/2" ron Pin Cap "1522" SO 10'01"E, MATCH SHEETS -'./»! MATCH LNE SH ET^3-4 S03''31'53nW. S.fifl' ^,,. 1522^ ^"o:^" DATE: 04/24/ N. BarneAve, Oklahoma City, Oklahoma SCAL. 1"=200' (405) CA «4568 Expire 6/2016 EXHBT Note: 1, The bai of bearing i OklahQma State Plane - North Coordinate Sytem - NAD /2" iron pin with Cap "1522" et at all bearing location on eat ide of deed decription on river bank. 3. See attached legal decription and certification A 4 of 6 BEASNG TBEE LAND SURVEYNG, L.L.C. 4of. tf' ffwrle AHL TeWionK f405) e05-\ OUMwClfWfmuffllS F """ '{ws^s-'l'sa to»an» Gt-, WB SiM.vljhl, CS/X/JS rw'sci'f MS Wff. wuaitiiecuivcvm. ecw."- UMR ' BPS. pmtogsswffsy rianu iiwn rmr. rmvimvfin's~""'isi
11 LU LU CM f» a: 2 a> g ^ g g u g E ft ^ a. a: ^i ' co 3- ^ S 3.N6T1 nuaav ejjoed. nuay poom 3? >0 1 ^ ^ ṣ' 3! ^" tiw (0 co y inui ^ ;». i<» ' t~ y? i : ^-!gs^'""- ' ^!>. & c Q. h? 4^ a. a» 1/» CO ^9 g^.2e ^1.S w.»»"*. :-^2 rir«*' " '*^.', toi <0 i UJ d :"' T- UJ. -J w <-i R m E fc ffl 0-5 < J5 ^? 0 0 M??^ g 0 w -^ 90 JS!A 3 u; o g i ^d! CO Lf) 2-S y3 >(-) < T) '^^ ^aiqqi
12 ^^%^ ^i^fi'f.,... \^ ii r". :""i- v'.'i i^. :.. ;. -. C ^J ^' ^. o22 ;.,^ *" v' ~'-~',,. T' -v..'.o...,,.,,..'-' ^^' Tula Deed Retriction Tract 1: Acre, Cloure: w fl. (1/999999), Perlmeter=6148 ft e e e144^ w w54^ w96.S e e e e242. S e w115.S e132. 9S w78.S w2S n w n w n0l.2932w n iv n w n w n e21S. 95 EXHBT 3 A (6 of 6) 5/11/2016
13 EXHBT R-12-E 31ST STREET TRACT 1 CTY OF TULSA FOB -i TRACT 1 ^> D POC ^ N/4 CORNER OF_ SEC. 24. T-19-N, R-12-E t/^ AT^D $ LOCATDN N j - r- 11ST STRCET LOCATON MAP SCALE; ). = 400' PRq»MA, T,^ BOU'NOARV FOB TRACT 2 TULSA COUNTY -'./ FOB TRACT 3 00 ll, - TRACT.3 CTY OF TULSA L7 L17 "-1 L" -^, L12 g.^^.5/0^ yl^- f 3MP PLMX S. ^. K ^ ^ PSO -, A^S e^"-^' GOV'T LOT 4 E. 3SW STRECT S. ^^F f. 3SW PLACE E. 3S7H STREET S,- LE1 ND POB POC LNE L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 Lie L17 L18 L18 L20 L21 L2Z L23 L24 L25 L26 L27 Lze L29 L30 PONT OF BEGNNNG PONT OF COMMEMCEMENT LENGTH BEARNG ' S88 SO'32"W ' SDOaDO'00"E 229,36' S50 3S'14"E ' S33 52'41"E ' S04 16'29"E 83.78' S03 48'26"W 287. BB' e4wo5"w ' N16 41'00"W ' N21 03'19'W ' N37 59'28"E ' S03 4B'26"W ' S39'37'21"W ' S09 56'26"W S03 12'33"E ' SOO 37'45'E ' S07 14'10"E ' S84 04'05"W ' N01 29'32"W ' N03 35'49"W ' N16-41WW ' S07 14'10"E ' S "E S07 10'10"E 115, 59' S03'31'53"W ' S24'53'55"E ' S62 25'51"W ' S09 20'24"W N88 18'58"W ?' 21'4?"W ' L2S cufl p.^i f. 3SJH PLACE S. EXHBT B (1 of 4) GOVT LOT 5 MTGATON AREA OWNERSHP THE GATHERNG PLACE CTY OF TULSA, OKLAHOMA ENGNEERNG SERVCES DEPARTMENT FELD ENGNEERNG DVSON FELD ENGNEERNG WAREHOUSE 2.S17 SOUTH JACKSON AVE. TULSA. OKLAHOMA TEL (918) 596-S591 PETER KLLAN. PLS SURVEY" MANAGER' DRAWN PK 3/15/18 SURVEY
14 DESCRPTON Tract 1 A Tract of land located in the Northwet Quarter of Section 24, Townhip 19 North, Range 12 Eat of the ndian Bae and Meridian, State of Oklahoma, Tula County, City oftula, according to the U. S. Government Survey thereof, aid tract being more particularly decribed a follow; Conunencing at the Northeat comer of aid NW/4; Thence S88 50'32"W along the North line of aid NW/4 a ditance of feet; Thence SOO 00'00"E a ditance of feet to tfae Point of Beginning; Thence S50 39'14"E a ditance of feet; Theuce S33 52'41"E a ditance of feet; Thence S040 16'29"E a ditance of feet; Thence S03 48'26"W a ditance of feet to a point on the approximate perpendicular line to the medial line of the Arkana River; Thence S84 04'05"W along aid perpendicular line a ditance of feet; Thence N16Q 41'00"W a ditance of feet; Thence N21 03'19"W a ditance of feet; Thence N37 59'28"E a ditance of feet to the Pomt ofbegmnmg. Said tract contain acre, more or le. Bai of Bearing i S88 50'32"W on the North line of the Northwet Quarter of Section 24, Townhip 19 North, Range 12 Eat of the ndian Bae and Meridian, ^^S? K^SLWS PETER ALAN KLLAN PLS NO ZX^BLS^^E \L' ENGiNEERS' ANO LAND'SORVEYORS; ^/^?/'.. DATE EXHBT B (2 of 4) ^SSC^ S PETER ALAN ^ KLLAN '^ 1495 ^ "^, m" ^ / KLWO^
15 DESCRPTON Tract 2 A Tract of land located in the Northwet Quarter of Section 24, Townhip 19 North, Range 12 Eat of the ndian Bae and Meridian, State of Oklahoma, Tula County, City oftua, according to tfae U.S. Government Survey thereof, aid tract being more particularly decribed a follow; Commencing at the Northeat comer of aid NW/4; Thence S88 50'32"W along the North line of aid NW/4 a ditance of feet; Thence SOO 00'00"E a ditance of feet; Thence S37 59'28"W a ditance of feet; Thence S21 03'19"E a ditance of feet; Thence S16 41'00"E a ditance of feet to the Point of Beginning, aid pomt being on the approximate perpendicular line to the medial line of the Arkana River; Thence N84 04'05"E along aid perpendicular line a ditance of feet; Thence S03 48'26"W a ditance of feet; Thence S39 37'21 "W a ditance of feet; Thence S09 56'26"W a ditance of feet; Thence S03 12'33"E a ditance of feet; Thence SOO 37'45"E a ditance of feet; Thence S07 14'10"E a ditance of feet to a point on the approximate peipendicular line to the medial line of the Arkana River; Thence S84 04'05"W along aid perpendicular line a ditance of feet; Thence N01 29'32"W a ditance of feet; Thence N03 35'49"W a ditance of feet; Thence N16 41'00"W a ditance of feet to the Point of Beginning. Said tract contain acre, more or le. Bai of Bearing i S88 50'32"W on the North line of the Northwet Quarter of Section 24, Townhip 19 North, Range 12 Eat of the ndian Bae and Meridian...PETER_A!.AN_KLLtANt A_REGSTERE.Q PROFESS LA 'SURVEYOR'N: Ti6;STATE;OF01<L. AmMA,-!HAT_fllE_ATTACHED '6ESCT'LPti9W.. js. A TRUE: 'ON_OF.. THE?RQPERTY. -AS DESWBED; THS :GAL^ESCRiPTON_MEEt5. THE'OKLAHOMA_. Mt iac.ti'ce, OF;LAND_SWyE ;YiNG. AS_?SPTEOlBY_fhE;OKLAHOMA;STATE BOARD_OF. UCENSURE FOR' PROFESSONAL'ENGiNEERS'AND LAND" "^ PETER ALAN KLLAN PLS NO ^2cv&, DATE EXHBT B (3 of 4) ^ON^ ^ S PETER ALAN i3 ^^^ MLLAN 1495 ^AHO^th ^
16 DESCRPTON Tract 3 A Tract of land located in the Northwet Quarter of Section 24, Townhip 19 North, Range 12 Eat of the ndian Bae and Meridian, State of Oklahoma, Tula County, City oftula, according to the U. S. Government Survey thereof, aid tract being more particularly decribed a follow; Commencing at the Northeat comer of aid NW/4; Thence S88 50'32"W along the North line of aid NW/4 a ditance of feet; Thence SOO 00'00"E a ditance of feet; Thence S37 59'28"W a ditance of feet; Thence S210 03'19"E a ditance of feet; Thence S16 41'00"E a ditance of feet; TTience S03 35'49"E a ditance of feet; Thence S01 29'32"E a ditance of feet to the Point of Beginning, aid point being on the approximate perpendicular line to the medial line of the Arkana River; Thence N84 04'05"E along aid perpendicular line a ditance of feet; Thence S07 14'10"E a ditance of feet; Thence S27 17'24"E a ditance of feet; Thence S07 10'10"E a ditance of feet; Thence S03 31'53"W a ditance of feet; Thence S24 53'55"E a ditance of feet; Thence S62 25'51 "W a ditance of feet; Thence S09 20'24"W a ditance of feet; Thence N88 18'58"W a ditance of feet; Thence N08 21'45"W a ditance of feet; Thence N01 29'32"W a ditance of feet to the Point of Beginning, Said tract contain acre, more or le. Bai of Bearing i S88 50'32"W on the North line of the Northwet Quarter of Section 24, Townhip 19 North, Range 12 Eat of the ndian Bae and Meridian, PETEK_ALAN_J<LLAN, A_REGSTERED P.F ^'SURVEYOR".iN:'Ti-lL'SJ'ATE'^)l?''Oi<'L.AH ^EKitt% GAL~'DESCRiPTQ. N_MEETS_Th ^5T^5J7%% ia THS '"PRA'CTi'CE_OF:LAND:SURVEWNG. AS, AHaMA;STA7E~BOARD.:OF.'L.;C N5URE.?8^8FlS^^^ PETER ALAN KLLAN PLS NO il'enqneers AND LAND"SORVE:Y( /i DATE EXHBT B (4 of 4) ^ ^SSQ^ PETER ALAN u KLLAN \ "" / OKLA[iO^.y
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