CLAREMORE —  

Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLAHOMA, DECEMBER 2, 2012.

IN THE DISTRICT COURT

IN AND FOR

ROGERS COUNTY

STATE OF OKLAHOMA

GARY M. CAMPBELL and PAMELA G. CAMPBELL, husband and wife, Plaintiffs,

vs.

THE CITY OF CLAREMORE, Rogers County, Oklahoma, a municipal corporation; CITY OF CLAREMORE ELECTRIC, WATER, AND SEWER DEPARTMENTS; SOUTHWESTERN BELL TELEPHONE COMPANY (“SWBT”) (SBC Corporation) (AT&T CORP.); ONEOK, Inc./ OKLAHOMA NATURAL GAS COMPANY; and, COXCOM, INC./COX OKLAHOMA TELECOM, L.L.C. Defendants.

and, all persons who may claim an interest in the alley to be permanently

Case No. CV-2012-119

Sheila A. Condren

NOTICE OF HEARING OF PETITION TO FORECLOSE THE RIGHT TO REOPEN A PUBLIC WAY (ALLEY)

STATE OF OKLAHOMA:  NOTICE TO THE PUBLIC

NOTICE IS GIVEN that the above Plaintiffs have filed their Petition in this Court seeking to foreclose the absolute right of the CITY OF CLAREMORE, OKLAHOMA, to reopen a Public Way (Alley), covering the following described property, to-wit:

The alley traversing Block 152 of the City of Claremore as shown on the U.S. Government Plat and Survey of the City of Claremore, Rogers County, State of Oklahoma, vacated and discontinued by Ordinance No. 246 of the City of Claremore, Oklahoma, dated November 15, 1954 filed November 17, 1954, in Book 300 at Page 21 of the records of the County Clerk of Rogers County, Oklahoma,

subject to the CITY OF CLAREMORE’S use of the North twenty (20) feet thereof, for utilities, and, subject to the CITY OF CLAREMORE, Rogers County, Oklahoma’s right to continue to use the North twenty (20) feet thereof, for utilities, and, as an utility easement; and, further subject to that certain Easement from MAY LUTTRELL, a widow, HARRY S. WEBB and NELL WEBB, husband and wife, and CLYDE S. WEBB and LOUISE WEBB, husband and wife, to CITY OF CLAREMORE, an Oklahoma a Municipal Corporation, being a perpetual easement and right of way over, under, across and through the following described property and premises located in Rogers County Okla., to-wit:

A strip of land 10 feet in width described by metes and bounds as follows: Commencing at the Northwesterly Corner of Lot 1 of Block (152), thence in a Southerly direction along the Westerly boundary lines of Lots 1, 2, 3, 4, 5 and 6 in said Block 152 to the Southerly line of said Block, thence Westerly 10 feet, thence Northerly on a line parallel to the Westerly line of said Lots 1, 2, 3, 4, 5 and 6 a distance of 526 feet, more or less, to the Northerly line of said Block 152, thence Easterly 10 feet to the point of beginning, said Strip of land being the Easterly one-half of the alley originally dedicated in said Block 152 on the Government Plat of the City of Claremore, Oklahoma., which said alley was vacated by Ordinance No. 246 of the City of Claremore, Oklahoma, dated November 15, 1954,

together with rights of ingress and egress to and from the same for the purpose of laying, erecting, maintaining, operating, repairing, replacing, constructing, and reconstructing through, under, over and upon the same any sanitary sewer lines, water lines, electrical transmission lines, natural gas transmission lines, telephone and telegraph lines, and any other utility services and installations, which the Second Party may desire to place thereon.

You must file your Answer to the Petition in this case on or before the Answer Date of December 31, 2012 [not less than twenty (20) days after the first publication].

In accordance with an order of this Court entered on this 28^th day of November, 2012, notice is given that the Petition has been set for hearing before the Court in the Rogers County Courthouse, Claremore, Oklahoma, on the 9^th day of January, 2013 at 1:30 o’clock p.m., at which time all interested persons may appear and contest the Petition of the Plaintiff.  You are referred to the Petition filed herein for further particulars.

Dated this 29th day of November, 2012.

By: s/ Sheila A. Condren

District Court Judge

Approved as to Form and Content:

s/Thomas H. Williams

Thomas H. Williams, OBA #9689

Thomas H. Williams Law Office

501 W. First Street

Claremore, OK 74017

Telephone: (918) 283-2889

Attorney for Plaintiffs