Town of Wayne, Ordinance No. 2026-03

ORDINANCE NO. 2026-03

AN ORDINANCE CLOSING ALL OF THE PORTION OF A UTILITY EASEMENT LOCATED IN OR ADJACENT TO ALL OF BLOCK THREE (3), LESS THE EAST 75 FEET THEREOF, Y ADDITION TO THE TOWN OF WAYNE, MCCLAlN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF.

WHEREAS, Prairie Crossing Land & Development, LLC, an Oklahoma limited liability company, is the record owner of all of Block Three (3), less the East 75 feet thereof, Y ADDITION to the Town of Wayne, McClain County, Oklahoma, according to the recorded plat thereof; and

WHEREAS, the said record owner desires to sell the above described tract to a purchaser who plans to design, build, construct, establish, occupy, operate, and maintain facilities and improvements for a commercial retail project on portions of all of Block Three (3), less the East 75 feet thereof, Y ADDITION to the Town of Wayne, McClain County, Oklahoma, according to the recorded plat thereof; and

WHEREAS, the said record owner has requested that the Town of Wayne by ordinance close to public use the easement described and contained within that certain easement document dated March 20, 1959, and recorded in the public land records office of McClain County, Oklahoma in Book 294 at Page 417 to the extent that the same burdens or is otherwise located on, in or under the land described as: “ALL OF BLOCK THREE (3), LESS THE EAST 75 FEET THEREOF, Y ADDITION TO THE TOWN OF WAYNE, MCCLAIN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF”; and

WHEREAS, the Town of Wayne shall retain the absolute right to reopen the easement closed hereby by ordinance without expense to the Town of Wayne, unless the owner of the real estate to which such easement, or any part thereof, has heretofore reverted by closing, within the corporate limits of any municipality, shall commence an action in the district court 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 easement closed hereby, pursuant to Title 11 O.S. Sections 42-111, et seq.

NOW THEREFORE, THE TOWN OF WAYNE ORDAINS:

Section 1. That the Town of Wayne deems it necessary and expedient to close to public use the easement described and contained within that certain Easement document dated March 20,1959, and recorded in the public land records office of McClain County, Oklahoma in Book 294 at Page 417 to the extent that the same burdens or is otherwise located on, in or under the land described as: “ALL OF BLOCK THREE (3), LESS THE EAST 75 FEET THEREOF, Y ADDITION TO THE TOWN OF WAYNE, MCCLAlN COUNTY OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF”, such easement being shown and described on Exhibit “A” attached hereto, to build, construct, occupy, operate and maintain facilities and improvements for a commercial retail project thereon, together with facilities and improvements associated therewith.

Section 2. That the following described public easement is hereby closed for public use, to-wit:

The easement described and contained within that certain Easement document dated March 20, 1959, and recorded in the public land records office of McClain County, Oklahoma in Book 294 at Page 417 to the extent that the same burdens or is otherwise located on, in or under the land described as: “ALL OF BLOCK THREE (3), LESS THE EAST 75 FEET THEREOF, Y ADDITION TO THE TOWN OF WAYNE, MCCLAIN COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF”.

Section 3. Closing of the public easement shall not affect the right to maintain, repair, reconstruct, operate, or remove utility lines of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof.

Section 4. The owner of the property shall grant to the Town of Wayne an easement for the purpose of allowing the Town and to maintain, construct, operate and replace municipal sewer lines in the easement to be so granted. Said easement shall be recorded with the County Clerk. In the event that, as part of the redevelopment of the property, the owner is required to replace or relocate such sewer lines, the construction costs associated with such relocation shall be paid by the owner

Section 5. This ordinance is duly considered at a regular public meeting of the Town of Wayne Council and is approved and adopted by a vote of a majority of all of the members of the Town 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 6th day of July, 2026.

Town of Wayne, Oklahoma

By: /s/ Kenneth Harris

Kenneth Harris, Mayor

ATTEST:

/s/ Audrey Worley

Audrey Worley, City Clerk

(seal)